The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-25
QUESTION NO. 3


fb' ~ -
QUESTION NO. .
Taxation
Shall the new Article x: submitted Is
IL Constitutions Convention relating ~
taSation BE- approved
FRANCIS N. HUGO.
Secretary OF state.
PROPOSED CONSTITUTION
Of the
STATE OF NEW YORK.
We. the people Of the State OF New York.
oteful to Almighty God for our freedom,
in order to secure its blessings. do estab-
ish this Constitution.
ARTICLE l..
Section ] No member of this state shall
- disfranehised. or deprived OF any Of the
nehu or privileges secured 10 any citizen
tAs judgment Of his peers.
section =. The trial by jury In all cases
n which I'M io y has e ssrsr hsref ss g iSrr iha,
may be waived by the parties IN all civil
cases in tho manner to DO prescribed BY
lection 8. The free exercise and enjoy
IN At Of religious profession and worship.
VII hout discrimination or preference, shall
eompe:ent to Sc a witness on account Of
g - s sSe liSsr. On Of m son.sien os 'f s,rtSs secuted ssliSf
shAu not be construed as to excuse acts
" Noentiousness, or Justify practices In
81 te.
eecticn Z. The privilege Of the writ Of
les e when So' n ca sss, Of no" reoe q 5a' or INVASION ION.
~ public sAfety may require It's sus-
ssoeioo 6. Excessive bail shall not be re-
eyfed nor excessive fines imposed. nor
ah cruel and unusual punishments be
~ ietsd: nor shall witnesses be unreason-
e<ctson 4. iNo person shall. be held to
e9pWer for a capital or otherwise infamous
ID IL cases Of militia When in @otuai ser.
We, and the land and naval forces In
tin,e q war. or which this state may keep
peace. and In cases OF pedt larceny. under
the regulation OF the legislature ~. no
ii or otherwise Infamous crime unless on
Pm sentiment or Indictment OF "a rrand jury
{. and. Any person may. however. In the
ten o. commitment by a magistrate. waive
lntiscsnent and trini by Jury on q charge
SsHSs '' i%pPi.on%en;, =" Sr no" OF S an i%dictaSle
bStrG he'd By isformation before . gu
ySdse or Justice thereof. III In any tr!ai
in any court Whatever the party accused
person and with counsei as in civil actions
~, and In any. criminal case shall have
TIE rsht 70 ~ least one appeal. No per
SVh bun !" tuOJt>t " hc ANl@ puk ia
jeopardy for the same onerse: nor shall
he DO compelled In any crimina case 10 be
. vyitnes, AGAINST himself. nor be deprived
n life. liberty or property without due
protection Of the laws; nor shall private
properly be taken for public use without
Abstraet-The amendnen, permit. a
? :svn charged with n crime now reaulr-
Ing prosecution by indictment to waiy,
p%anishmen, doe, no; ..Gs.d iD az y ~%ss i'm.
ss nisSH%sa ,hou.S ~ RTissn' to plead Rsr'G sa.i, 50
riny Instance. several month, be,ors en-.
,sion. This section as amended also In
Slres a. least one appeal In every criminal
rsp.ct T 10 LESSER ien o y nSs "V of sseS erisminnta h
person the equal protection. OF. the laws
now imposed by the federal constitution.
section I tal When private properly
s s.a.a &c 'A * g. fG made shs I h%SIis use wS seS G .aah
compensation IL not made by the state.
sail be asoertained Gby a Jury. orl by the
ol' not with a referee, or by one or more
supreme court commissioner or. within
Oh. third and fourth judicial departments
partment not within the city Of New York
by not less than three commissioners APP
/; Seribed by law. Where the proceedings
're Instituted by = civil division Of the
etsie. ccmpensation shall he paid before
Nuch taktng. unless the supreme court.
after hearing. be.ause OF public necessity
~hali otherwise direct.
'h Private roads may hc opened In the
manner to be prescribed by law. but In
every case the necessity OF the road and
The amount OF all damag. to b" sustained
t'rmined by a Jury Of ireeholderS and
s.eh amount, together with the expenses
Of the prTceedins;. shall be paid by the
81 General laws may he passed per-
uniting the owners or occupants OF swamp
cary drains. bitches and tdykesl bikes
upon. the lands of Others. under proper
compensation. which shaii he assessed
against the property benefited thereby. tbut
no special laws shall De enacted for such
Id The Legislature may authorize cities
10 a ke more land hud p-frcrty than is
needed for actual construction IN the lay
irg parks. public PAGES, highways OF
.%,rct.: provided. how ever. that the add
be tsken shall be no more than sufhcient
20 form suitable building sites abutIine on
each park. public place, ,hishway or street
has been Appropriated for such park, pub
lie place. highway OF, stree; as is needed
leased. The legislature may also author.
ire cities, for the establishment Of u uni
form .y:ts% Of streets. to take real prop
highway and to srII and lease it.
Abstrso,,--The provision allowing su-
preme court commissioner. who.s office
1. created under section eight OF Article
VIII. to determine the compensation whore
property Is taken for a public use
Is 10 expedite the disposal of claims there.
and to have such matters decided by
ulcers whose special duty It is to handle
MY to claims against the state, which are
\ sion requiring a civil division to pay
for property before taking 4 eliminates
an abuse whereby, In some Instances. an
owner has not received pay for his land
until years after he was deprived OF Its
use. swamp lands cannot be considered
as sErtSuiturl LANDS: Thel. drainage
ment. The provision requiring lands bene-
iited by the construction. OF a drain to
stand the expense thereof Is to facilitate
iiciai decisions denying the right to assess
benefits. The anal sentence OF the
10 70 efectuate proper street regu-
highways are abandoned. the lands lying
Idle ana an eye-sore and It IL Impossible
10 discover the owners
speak. write and pIubiSh his sentiments on
Of that right: and no law shall DO
prosecutions or indictments for iibeis, tho
ruth may pc, siSsn II, evidence to the
the matter charged as libelous Is true,
and was published with 5000 motives and
.2r ,n:i,nASls ends the psrHsy shall be
riEh to determine the law and the fact.
Section 3. No Law. shall be passed abridg-
~. ..m 1as mn, sna % % p ,si Ss0p Il. p sovsra4.n to
or any department. thereof; nor shall suy
be granted otherwise than by due
o. ;he sale Of lottery tickets. pooi-seilinFs,
hook-making. or any other kind OF gainb-