New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-10-11
PROPOSED CONSTITUTION
OF THE
STATE OF NEW YORK.


PROPOSED CONSTITUTION
OF THE
STATE OF NEW YORK.
We the people Of the state OF New York.
order 90 secure IFS blessings. 30 establish This
Constitution
ARTICLE y.
Section 1. No member Of this state shall be
disfranchlsed, or deprived Of any OF the rights
unless by the law 81 the land, or the Judgment
section 2 III. tri.l by jury IL all cases in
Which Il has been heretofore used shall remsin
saiytd by the parties in al civil cases ia the
manner TO be prescribed by law. ..,.-,
section 3. The .ree exercise and enjoyment
4 religious procession and WORSHIP without
Discrimination or preference shAli forever ue
person shall be rendered incompetent 10 be
witness on account Of his opinions on matters
Of reig ious belief but the liberty Of conscience
hereby secured shall Dot be 50 construed ~ 10
excuse scts Of hcenuousness, or jusufy prsc-
ices Inconsistent with the peace OF safety Of
section :. The privilege Of the wit Of ha-
beas corpus shall not Se suspended unless ;s:
public safety may requile It's suspension
Section d. Excessive bail shall not De re-
ou,red nor excessive ines imposed. nor shall
cruel and unusual punshmen,' De lnplc.eu n'f
Section 6. No person shall be held 70 snsWef
for capital OF otherwise infamous crime NeI
OF militia when in actual service. and the lana
and naval forces IN time OF war, or WHICH
this state may keep with the consent o. con
gross In time Of peace, and in cases OF pett
larceny. under the regulation OF the Ieslsia-
ture IN. no DersOn shall Be held TO GnsUc foT
on presentment or indictment Of grand jury
( endl Any person may, hotoersr, N me
name prescribed ~ lco effer esamt"afion or
commitment by rGgsifcte, wa're 'naicfmert
ora frtai BIZ Jury on charge Of felony punish
obi, bp not exceeding i've ,eGrs' imprisonment,
o, Of an irdtctobie nlisdemedrOr oil sgbseQpeEt
o,oc.edinos being had bV Information before q
superior court Of criminal jurisdiction or Jt0ee
or tuSace thereof. ~ In any trial IN any
court whatever the party accused shall be al
lowed to appear ana defend IN person and with
counsel as in civil sctionst J, and IN any Grim
irdl case shall hare the right 10 at ledst one
cyDeal No person shall be subject 10 be twice
MT in Jeopardy for the sane o1ense shall
le De- con PEELED 10 any criminal case 20 be q
witness against himself, nor be deprived Of life,
liberty or property ". thOut due process OF law ;
nor D. denle9 NE equal protection Of the iaics !:
nor shall private property De taken FOR public
Use without just compensation
charged With crime now requiring prosecu-
tion 10y Indictment 10 waive Indictment and
trial by jury. when the punishment does not
exceed 'sTe years imprisonment. At present a
person so charged, though Wiling to plead
Slilty. must walt In jail or be held on bail u
many Instances several months before entering
such plea Until grand Jury Is In session. This
section IS amended also ins.res at least one
H. moi now secure with respect 10 lesser Of
lenses OF criminal nature. The provision
securing 10 every person me equal pr9 ,t .!
stature now imposed by the federal consutu-
Section 7. (s) When private property shall
be tsEen for any public use, the compensation
10 be made therefor when such compensation
T. not made by the state, shall be Gscertaine1
fby jury. or by The supreme court Twin OF
without Jury. but not with referee. or by
one or more supreme court consmtssi0nsTs or,
Within the third ond fopTfh judicial dtPdrf
nlnfs and such part Of tie second jufictdl de-
yerfment not ,cifIin tie city Of NeW York by
moi less than three commi ssoners appointed BY
court OF record. a. shall be prescribed by law:
Fhe's The proceedings Gre Instituted D. . e'yI
diriston Of me sla4s, compensation sheI De
paid before such taking, pn!ess TIE supreme
court, Giier heofino because Of psete necessity
shall O.herriSe direct.
manner 10 h. prescribed By law but IN ever!
case the necessity u the road and the amount
Of all damage 10 be sustained b. the open ns
thereof shall be first determined by l1y
Of freehOlders. and such amount. togethef WIZ
the expenses Of the proceeding, shall De psli
by the person to be benefited. 49,,
(cl General laws may be passed permitting
the owners or occupants Of stoas.p o. sgricui-
tural lands 70 construct and maintain for ths
drainage thereof. necessary drains bitches snd
idykesl 6ikc. upon the lands OF others, under
proper restrictions land With on mcttnc la't
Compensation Witch shail Be assessed GSo'nsi
the property bcnefted thereby. but no special
al The Legislature nav antnoriz, cities 70
take more lend ard property than !. needed for
highvays or strests provided, however that
ne additional land and property 30 anthori1:d
o. be taken shall be no more than sufficient 70
form suitable building sites sbutting on such
park, public place highway or street. After 40
much Of the land and property has been sppro-
or street as is needed therefor, the remainder
may be sold or leased. The iepislafnro may
uniform system o. streets. 10 take real prop
erfp WITHIN an GbGndoned street o. biShiodv
and 70 sell end ieass tt.
~ AgsTEAe1. The provision allowing supreme
court commissioners, whose Office Us created
under section eight Of article eight, 70 deter
mine the compensation where private property
disposal Of claims therefor and to have such
matters decided by officers whose special duty
II to handle such matters. The provision
aoes not spp!y 70 claims against The state.
which are decided BY the court o. claims. The
provision requiring civil division TO pay Tor
property before taking II eliminates an abuse
receiTsd gay for BIS land until years after he
NOT b. e5psd.r.d a. a gsf sud. rssr
drainage "a desirable and 10 permitted by this
smegdment; The proyision ryquiring land, ben.
the expense thereof is TO facilitate Improve
Wents heretofore prevented by judicial decis-
Ssa fa ne S s9 he s con Is to ees
nat. proper street regulation and improvement.
where streets or highways are abandoned, The
lands lying idle and an eye-sore ana II is I'm
possible 70 discover the owners.
Section {. Every citizen may freely speak
write and publish his sentiments on all sub
jects. being responsible for the abuse OF that
right: and no law shall bs passed 70 restrain
or sbritge the liberty Of speech or OF the prets
ID all criminal prosecutions or indictments fur
Nhels. tie truth may be given 10 evidence 20
the Jury. and II IL shall appear 20 the Jury
that the matter charged ilbeous 81 true
and was published with good motives and Tor
iustilnble ends. the party slal lie acquitted;
and the jury shall have the right 20 determine
the law and the fact.
Section o. No law shall BE- passed abridring
the right Of TIE DeOnle neaceAbly 10 assemble
ard % nefitiou the government. or any depart
meuf thereof. nor shall ans divorce hc granted
otherw 90 than by due judicial pr0c eedinCs; nor
shall any lottery the sale OF lottery tickets
pool lline. book max ing Or any other Kind
Of gambling Hereafter be AUTHORIZED or allowed
Within this state. and the legislature shall
pas approximate laws 20 prefent ofenses
against any Of the prov Sioi.s o. t-i- section.
q Section 30. Tie people o. tbs state. N their
right n sovereigntr. are deemed 70 possess the
oriclnal and ultimate property ~ AID 10 q
T iords within tie Jurisdiction " e. STATE and
All lands TIE title 70 which sLau fail from
defect OF heirs. shall revert OF escbest 10 tle
people, ., 49,. ., .-.-, Al.
.crto,ion with All their Incidents, are declared
e oe abolished. safirE however a. sehS ana
NEUTRALITY-SUSPICIOUS. In uaAes Is new
mater ll u cid constitution 70 De