New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-09-28
PROPOSED CONSTITUTION
OF THE
STATE OF NEW YORK.

UT Nfh hNhhs
We. the people Of tho State n New York
era. nful 10 AlwichfV God for our freedom IN
order 70 secure frs blessings. do establish This
ARTICLE I.
section l. No member Of this state shall be
disirOnchised, or deprived CT any Of the nights
OF privileges secured 10 any citizen thereof,
unless By tho Law OF the land, or the Judgment
seton 2 The trisl BY jury IN all cases in
which 10 has been heretofore used shan remain
!nyioatg f9Fevc' but iuTy tTi cs,.. may ,S pc
manner TO De prescribed by law.
section g. he free exercise and enjoyment
Z reaqous procession ana W9 S "''noSs
aiioNej In tAis state 10 all mankind. and no
person shall be rendered incompetent 10 De
witness on account q bis opinions on ma iters
hereby secured shall not be So construed 81 70
etryse acts Of uceutioJsness, or justly piac-
ices inconsistent with the peace or saietJ o.
'': section don 4 IN. privilege of the wit Of hs
boss corpus shall not be suspended, unless
when. 20 cases Of rebellion OF INVASION ue
n,,SWc safety may require It's suspension.
section 3. Excessive bail shall not be re-,
e.;red nor excessive tines imposed. nor shan
cruel and unusual puuisbmerts be innictso' nor
,rslI Witnesses 10 IureSsOnahly 0etai0el
Section 0. No person shall be helo 70 answer
for q capital or otherwise infamous SIiMe w
Fxcept in cases Of impeachment. snG N cas- :
III militia when in actual service, and the ANA
and naval forces In time Of wGr, or which
this state may keep with the consent OF 81
Frrss in ti,ne Of peace. and in cases OF Petlt
larceny under the regulation Of the leglsa
ture IN no psrsOr shoiI b. heid 70 dHSpc' lot
a capitql or Othefirtse nf1nops crin' unless
on nresentineut or indictment Of a grand july
sudl AM person may, hoUerer, ~ the
yadnrcr prescribed ~ lau Otter er1Dind son or
commitment b. m0gsfreff, potte inGirim'Ht
sbre b. not erotsdine I've yecrs impris5nmer'.
or or az frdlcfdble Nssdensfror, al Saos'qnert
proceedings bein5 had BY INFORMATION bforf q
s.nerfor count Of Grin, tnqi Jurisdiction Or Judge
~ ,.gt,cs thereof m IN sny triai in any
court whatever the party accused snail he al
lowed to appear ard defend in person ana VITA
counsel IS IN civil actions J, and N any GRIM
trai ccss shat hare sAe right 70 al leaSt one
qcgrq. 40 person shall be subject 10 be twice
put iu Jeopardy Tor the sane ofense. nor shall
i. Boz compelled In any criminal case 10 he =
witness against himself nor he deprived Of ifr.
liberty NJ property without due process " law :;
nor b. denied me equal protection Of Inc i0fs e:
nor shall private property be taken for public
Use without Just compensation.
ArsTEAcT The amendment permits person
ton br Indictment TO waive Indictment snd
exceed i've years imprisonment. Al present 4
person 50 charged. though willing 70 plead
many instances several months before entering
srch plcH until % grand Jury 's ~ session. tbs
section az amended also insures az Least one
appeal IN every criminal case. nghf when
H. not now secure with respect to lesser of
fenses OF A criminal nature Tic p-ocision
securing TO every person The equal PrGte'Il n.
islature now imposed by the federal consutu-
Section I. Cql When private property shall
be taken for any public use. the compensation
10 ba made therefor. whom such cor. p.n-ation
Is not made by the state, cha. hr as'eri NED
lby jury orl 10y the Suprem" court Twin OF
without a Jury huf not with ~3f cree, or ~
ono Or more sr2rc0' coHif comm SN?n, ','
WITHIN the thUd ard iorrt Jnfir1' apart
mcnts and svch pat Of o., sfryHd dc'4, a.
.1r,.ycrf net tri'Lin fhe citp Of AtV York 6F
not rs. than three con missioners appointed By
y court Of record. shall be ptc5cribsd by Law.
Hhore the proceedings Grc INSTITUTED " etviI
pad before such taking, UNLESS ne s"Dregsse
court after hearing, because Of pBbltc necessity
SkGA otherwise direct.
(ol Private road, may be opened N sn9
case the necessity Of the road and the amount
Of all damage 10 be sustained BY the opening
thereof shall be FIRST determined by jury
Of freeholiers. and such amount. together with
the expenses Of the proceeding. shall be paid
by the person 10 be benented
(e) General laws may be passed permitting
tural lands 10 construct and maintain TO- the
drainage thereof. necessary drains. dit'hes ani
liykesl dikes upon The aDd' Of Others under
proper restrictions and With on 'n4k'hg 81
compenss tlOn. icAtch shdN be Gssessec e71tnst
re property BENEFITED thereby. t0lt no special
laws shall be enacted for such purposes
ts me legislature ma! agtDofise eitie' q, 20
actual construction 10 the laying ont, widening
extending or relocating parks. public plsc-s
n at or streets provided howeys5 Ast
70 be taken shall be no more than sufficient to
form suitable building sites shuttng on such
PARK public place. highway OF street. AFTER 50
priated for such park. public place, highway
or street SIS 10 needed therefor. tho remainder
asS osic 22 Or t, p, +. fSisiisTs y
q Uniform sysfeDg Of streets 10 take real prop
erfg oitlir an abandoned street or hghray
ard 10 eel and lcGse q.
AssrEAoT, The provision allowing suprem.
court COMMISSIONER, whose Office i created
undsr section eight Of article eight 10 deter
mine the Compensation whore private property
disposal Of claims therefor and 10 have such
matters decided By officers whose special d4tJ
!; II 10 handle such rnstter The provision
Which are 2sSS1ed BY tie eoaft q claims. ~;
prov lsion requiring civil division to pay foT
property before taxing It eliminates an abuse
receifd pay FOR his land until years after be
YVES depriyfd Of IFS ice. Swamp lands es3-
drainage IS desirable qnd Is permitted BY this
eated By the gon.tyctia9 o. qTsln g stand
nlent, heretofore prevented by judicial deeis-
Tt senyins the hsSt e .,ssfs sqeh oensa t:
here streets or highways are abandoned. the
lands lying idle snd an eye sore and e Is In
possible 10 discover the owners.
Section 8. Every citizen may freely speak.
write and publish bis sentiments on all sub
tects. being responsible for the abuse OF that
right; ard no law shall be passed 20 restrain
or abrifge the liberty OF speech or Of the press.
In all criminal prosecutions or pdctments for
libes. the truth may be given IN evidence 70
that the matter charged rbelous IL True.
and was published with SOoi motives and for
iustinsble ends the party shall be acquitted !,
and the Jury shall have the right 20 determine
Tie law ard the fact
Section . No law shall be PASSED absidcinE
the r!ght Of the people peaceably TO assent le
a-d 10 petition the Government or any depart
ment thereof. nor shall any divorce be grained
Otherwise tnsD by due Judicial proceedings nor
shsll any lottery " the sale OF lottery tickets
400. ~ ling boo. making. Or any otncI md
II gambling hereafter be authorized OF allow "a
Within this state. and the legislature s-All
pn.elp.t any OF the provisions Of It's see;lor.
SEXTON 10 The people Of THIS state IN teir
,lgtt IN sosereignty. are deemed 20 possess tie
orlglnal and ultimate pfoperJ lp Asc 10 az
iepds wlthin the ius!sdierQa G. ne ftate anu
iii lands tie title 70 which sLall tAll, Tom
defect OF h.irs. shan revert % eseheA' 10 'A'
Ss..,on Il. All ;erdsl ;.rares ef er.ry Dc,
..r,ptton With al their inc.deEts are dechre1
40 be Abolished. saviaE however. a. Nnts "Au
F1pl.n.t,on-NA,ier IN aaiei Is neg
matter in ] u old constituted 10 %
emitted