The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-09-27
PROPOSED CONSTITUTION


PROPOSED CONSTITUTION
of the
STATE OF NEW YORK.
We. the people Of the state Of New York,
grateful to Almighty God for our freedom.
In order to secure its blessings. do estab-
ush this Constitution.
ARTICLE l..
Section I. No member Of this state shall
be disfrauchised. or deprived Of any of the
rights or privileges secured to any citizen
thereof. unless 10y the law Of the land, or
the judgment of his peers,
section 2. The trial by jury In all cases
In which It has been heretofore used shall
remain inviolatc forever. hut a jury trial
may be waived by the parties In all civil
law.
Section 5. The free exercise and enjoy
mont of religious profession and worship.
without discrimination or preference. shall
forever BE- allowed In this state to all man
Kind and no person shall be rendered In.
MS opinions on matters OF religious belief.
but the liberty OF conscience hereby secured
shall not he construed as TO excuse acts
Of licentiousness. or justify practices In
consistent with the peace or safety OF this
state.
Section :. The privilege Of the writ Of
rs beas corpus shall not be suspended un-
less when in cases OF rebellion or invasion,
the public safety may require It's sus-
pension.
Section S. Excessive bail shall no, be re-
quired nor excessive fines imposed, nor
shal cruel and unusual puntshments be
inflicted, nor shall witnesses be unreason-
ably detained.
Section 6. mo person shall be held 20
answer for a capital or otherwise Infamous
crimetel Except in cases OF impeachment
and in cases OF militia when In actual ser
vice. and the land and naval forces In
tme of war. OF which this state may keep
with the consent ~ congress In time OF
peace. and in cases OF petit larceny. under
vRrann shnn las hall In nn.NyrF for NAnl-
tai or otherwise anna crime unless on
preeentment or Indictment OF a grand Jury
I. andl. Any person may, however. in the
manner prescribed by law after
zion or commitment by n magistrate, waive
Indictment and trial by Jury on u charge
Of felony punishable by not exceeding Ave
year, imprisonment, or Of nm indictabie
misdemeanor, all subsequent proceedings
being had by information before u SUI
perior court Of criminal Jurisdiction or .
Judge or justice thereof. Ill In any trial
In any court whatever the party accused
person and with counsel as in clvil actions
IL. and In any. criminal case shall have
the right to Mt least one appeal. No per
jeopardy FOR the same orense; nor shall
he be compelled in any erimina. case 10 be
Q witness against himself: nor be deprived
OF life. liberty or property without due
process OF lawi nor be denied the equal
property be taken for public use without
just compensation.
Abstract-The amendment permits a
pfTtOu NndEEtl WIN a crime now FeuulF-
Ing prosecution by Indictment to waive
Indictment and trial by jury, when. the
punishment does not eSNed Ave years i'm
p~risonment, At present a person so
charged. though willing to plead guilty.
must wait In jail or he he'd on bail in
many instances several months before en-
tering such plea until a grand jury is in
session. This section as amended also In
sures at least one appeal In every criminal
respect to Lesser orenses of a criminal
nature. The provision securing TO every
person the equal protection OF The laws
now imposed by the federal constitution.
Section I "a When private property
pensation to be made therefor. when such
compensation is not made by the state,
shall be ascertained Thy a Jury. orl by the
but not with n referee, or by one or more
supreme court commissioners or. within
and such part q the, second judicial de
partment not within the city Of New York
by not less than three commissioners APP
prescribed by law. Where the proceedings
are Instituted by n civil division Of the
state, compensation shall he paid before
such taking. unless the supreme court,
after hearing. because OF public necessity
shall otherwise direct.
manner to be prescribed by law; but In
every case the necessity Of the road and
by the opening thereof shall he FIRST de-
ternined by a jury OF freeholders, and
such, amount. together with the expenses
Of the proceeding. shall be paid by the
person 20 be benefited.
(c) General laws may be passed per-
hitting the owners or occupants of swamp
or agricultural lands TO construct and
maintain for the drainage thereof. neces-
sary drains, bitches and ldykesl bikes
r. restrictions land With on making jus!
compensa ton. which shall be assessed
against the property benefited thereby. tbut
no special laws shall be enacted for such
purposes.
(d) The Legislature may authorize cities
30 take more land and property than Is
ing out, widening, extending or relocat-
ing parks. public PAGES, highways or
r,rets; provided. however. that the addi.
tional land and property 30 authorized 10
be taken shall be no more than sufficient
TO form suitable building sites abutting on
such park, public place, highway or street,
has been Appropriated for SUCH park, pub
lie place highway or street as is needed
leased. The legislature may also author
lie cities, for the establishment Of u uni
form system Of street,. TO take real prop.
highway and to sell and lease It.
Abstract,-rhe provision allowing SUI
j, created under section eight OF Article
VIII, 10 determine the compensation where
private property Is taken for q Puei!G use
FOR and to have such matters decided by
officers whose special duty It is to handle
eltn matters NJ pTbNlNlon ubtH not dp-
ply 20 claims against the state. which are
decided by the court OF claims The pro
vision requiring a civil division TO pay
for property before taking It eliminates
an abuse whereby, In some instances, an
owner has not received pay for his land
until years after he was deprived OF Its
u.s. osris q rural aIn'S snJs Their dradnps
IS desirable and is permitted by this amend
ment. The provision requiring lands bene-
fitted by the construction of a drain to
stand the expense thereof is to facilitate
improvements heretofore prevented by Ju-
dicial decisions denying the right to assess
section is TO enectuate proper street regu-
iation and improvement, where streets or
Highways are abandoned. the lands lying
idle and an ,eye-sore and 1t Is impossible
Section 8. Every citizen may freely
speak, write and publish his sentiments on
~ Nus suoieft Ss, beng responsible for the
passed to restrain or abridge the liberty
OF speech or OF the. press, In all criminal
Jury; and II II shall appear to the Jury
mat the matter charged as libelous is true,
scquittcdi and tho jury shall have the
nigh TO determine the law and the fact.
ing the right OF the people peaceably 10
assemble and to petition the government,
or any department thereof; nor shall any
divorce be granted otherwise than by due
JUDICIAL proceedings: nor shall any lottery
Or the sale OF lottery tickets, pool selling
book making, or any other KIND OF gamb.
within this state; and the legislature shall
pass appropriate laws to prevent 0ffenses
.A1inst any OF tho provisions of this see
section 10, The people OF this state. in
th"lr rlght OF sovereignty. are deemed To
In and to all lands within the turisdIrtton
o. We state; and all lands the title 10