New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-09-25
PROPOSED CONSTITUTION
OF THE
STATE or NEW YORK.

We, the people Of the State Of New YORK.
order 10 secure its blessings, do establish this
Constitution.
ARTICLE l.
Section /. No member Of this state shall be
DISTINGUISHED. or deprived Of any Of the righgs
or privileges secured 10 any citizen thereof
unless by The law Of the land, or the judgment
section 2 The trial by jury IN all cases in
which II has been heretofore used shall remain
inviolate forever but jury trial may be
waived by the parties in all civil cases in the
manner u be prescribed by law. ,.
section 3. The free exercise and enjoyment
Z religious procession and worship without
Discrimination or preference, snail forever he
allowed in this state 10 all manklnd' ana no
person shall he rendered Incompetent to be
witness ON accoant u his opinions on matters
n reliciols belief, bat the liberty Of conscience
hereby secured snail not be so construed as 10
rAcuse acts Of hcentiOusneSs. or justify pTacc
tices Inconsistent with the peace or safety oil
Section 4. The privilege Of the writ OF ha-
beas corpus snail not be suspended, unless
when, ~ cases OF rebeIlCn or lh.Aalon' inc
public safety may require us SUSPENSION
Section D. Excessive bail shall not be re-
oulrcd nor excessive lines imposed. nor shail
cruel and unusual punishments be inflicted nor
snail Witnesses De unrcasoudOly detained
Section 8. No person shall be held TO answer
for capital or otherwise Infamous crime teI
Except in cases OF impeachment apd ~ cases
NJ militia when ID actual service, ana the iaAI
and naval forces IN time Of war; or when
this state may keep with the consent OF con.
gress IN time OF peace. ana IN cases OF peut
larceny under the regulation Of the leglsia-
fure IN no person shall be held 10 GnSrer JOT
a cg6ttoI or othertcisc infamous crime unless
on presentment or indictment OF a grand jury
T. audl Any person may, hOUercr IN inc
niurna prescr bed ~ dw after cEamtnatton or
commitment b. q magistrate, Uqsre indictment
and trial By jarg on charge Of felony punish
able On not erceeding tr0 v'drs' IMPEACHMENT,
or Of an indicfabe m.SdcmcGnor, az subsequent
proceedings being he'd tD Information before q
%
VI tusficc thcrcOf 80 In any trial in any
court whatever the party accused shall be al
counsel as IN civil actionsI j. and in any GRIM
iuGi case StGA haze TIC right 10 az i.Gsf one
appeal No person shan be subject to be twice
put in jeopardy for the same onense nor shall
be Doe compelled In any criminal case 20 be
witness acainst himself nor be deprived Of life.
liberty or property without due process OF law
nor shall private property De taken FOR public
use without just compensation.
ABsTRAcr The amendment permits person
charged with crime now requiring prosecu.
ton by indictment 90 waive indictment and
rial 10y jury, when the punishment does not
exceed 1--WE years imprisonment. At present a
person SO charged, though willing 10 plead
guilty. must wait in jail or De held Oh bail ID
many instances several months before entering
annesI I'm every criminal case. a right which
is not now secure with respect 70 lesser Of
lenses Of a criminal nature. The provision
securing 20 every person the equal protection
Uf
isature now imposed by the federal consutu-
Section = Co) When private property shall
be taken for any public use, the compensation
10 be made therefor when such compensation
rs not made 10y the state shall be ascertained
by Jury, Orl by the supreme court Win OIL
without "a Jury but not with referee, or by
or or more supreme court commissioners or,
,cithtR the hird and fOWh judicial dePdTt-
porfment not tciftin the city Of Ncc YORK By
not less than three commissioners appointed by
o court Of record. shall be- prescribed by law.
whore she br0cc .dirCs are instituted b. ciutl
diris.OH Of the state. compensation shaN be
paid before such taking. unless me supreme
court. after hearing. because Of pHbtc necessary
shdU OfhVtrise direct.
fbl Private roads may he opened IN the
manner 10 be prescribed by law .sbut in every
case the necessity Of the road and the amount
II all damage 10 be sustained by the opening
thereof shall Doe first determined by a jury
Of frceholdnrs. and such amount, together win
the expenses Of the proceeding shall be pam
10y the person 10 be benefited.
tcl General laws may be passed permitting
the owners or occupants Of sicdmp or sgricnl-
tural lands 60 construct and maintain for the
drainage thereof. necessary drains. bitches ana
idykesl dikcs upon the lands OF others. under
CONDENSATION trbicR shan be assessed oOainst
the property benefited fhcrcBp. [but no special
laws shall be enacted FOR such purposes.l
td) The legislature may authorize cites 10
/ take more land and property than Is needed Tor
actual construction in the laying ont. widening.
extending or relocating parks public places,
highways or streets. provided. however. that
the additional land and property so authorized
10 be taken shall be no more than sufficient 70
form suitable building sites abrtting on su' h
PARK, public place, highway or street. After -
much 81 the land and property has been Gppro-
or street as Is needed therefor. the remainder
may he sold or leased. The l,o.s'Gtrro may
o'so dwho,tec cfics. for the cstGbhshmcnf 81
q uniform system of sfrecfs. - take real prop
Hfg W'ftn an abandoned street or highW1v
and 10 sell and lease IT,
court commissioners. whose Office Is created
under section eight Of article eight. 10 deter
mine the compensation where private property
Is taken for public use is 20 expedite The
disposal Of claims therefor and 10 have such
matters decided by Officers whose special duty
! Is 10 handle such matters. The provision
which are decided by the court Of claims. The
provision requiring a civil division TO pay FOR
property before taking IL eliminates an abuse
whereby. In some instances. an owner has not
received pay for his land until years after he
not be considered as agricultural lands. Their
drainage Is desirable and IS permitted by this
amendment; The provision requiring lands ben,
efted by the construction OF drain 20 stand
the expense thereof f. 10 facilitate improve
ments heretofore prevented by judicial decis-
! The hnGl sentence of the section II 10 erect
uate proper street regulation aud improvement.
where streets or highways are abandoned. The
| lands lying idle and an eye sore and II Is I'M
/ possible 10 discover the owners.
| Section S. Every citizen NAV freely speak
write ana publish his sentiments on az sun
! iects. being responsible for the abuse OF mat
right aud no law shall DE passed 10 restrain
I or ahridge the liberty OF speech or OF the press
Z In all criminal prosecutions or indictments Tor
/ ibels. the truth may be given 10 evidence 10
I the jury. and IL n shall appear 10 the jury
that the matter charged as libclous j. true
and was published with good motives and for
iustihable ends. the party shall be acquitted,
and tie jury shall have the right 10 determine
1 the law and the fact
section O. No law shall be passed ahrldSing
| the right Of the people Deaccably 20 assemble
and 10 petition the goternment. or any depart
ment thereof. nor shall any divorce BE- granted
otherwise than by due judicial proceeding. nor
shall any lottery or the sale Of lottery tickets.
( DOol- Filing. hOOk-making or any other kind
az gambling hereafter DO authorized or allowed
within this state. and the legislature shall
/ pass Appfopriate laws 60 prevent onenses
| against any Of the provisions Of this section.
section 10. The PEOPLE of THIS state. In their
{ right Of sovereignty. are deemed 10 possess the
original and ultimate property IA and 10 ell
I lands within the Jurisdiction Of the state; ana
/ nm lands the title 20 which shall fail. from
defect OF heirs. shall revert. or escheat 10 The
people. - - , - a,
scrintlou with all their Incidents, are declared
10 h.. abolished. saving however. al rents ana
Exclamation Matter In italics Is new
matter in Is old constitution 10 he
emitted