Sherman Croswell New York (State). Legislature.

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The legislature cannot provide for the surrender of fugi-
tives from justice of foreign countries (People ex rel. v.
Curtis, 50 N. Y. 321) ; cannot validate a void contract. (N.
Y. & Oswego R. R. Co. v.. Van Horn, 57 N. Y. 473.)

The legislature cannot Infringe upon the liberty or the
property rights of persons within the protection of the con-
stitution, under the guise of the police power. (People v.
Gllson, 109 N. Y. 389.)

The legislature cannot contingently deprive a person of
property the right to which was perfect under prior laws.
(Burch V. Newbury, 10 N. Y. 374.)

The legislature may confirm an Irregular election. (Peo-
ple V. Flanagan, 66 N. Y. 237.)

The legislature may regulate or limit the height of build-
ings. (People ex rel. v. D'Oench, 111 N. Y. 359.)

The legislature may authorize the sale of land of infants,
in being or unborn (Leggett v. Hunter, 19 N. Y. 445) ; but
not of adults without their consent, except for taxes or as-
sessments. (Brevoort v. Grace, 53 N. Y. 245.)



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Art. 3, § 1. Constitution. I7l

The legislature may distribute the functions of supreme
court commissioner, although the office has been abolished.
(Hayner v. James, 17 N. Y. 316.)

The legislature may create a commission of investigation
by joint resolution. (People v. Learned, 6 Hun, 626.)

The legislature cannot create a debt of the state beyond
the amount authorized by the constitution. (People v. Su-
pervisors of Kings, 52 N. Y. 556.)

The legislature may determine what estate shall be taken
by the state in land acquired for public purposes, although
the public use be not necessarily permanent. (Eldridge v.
Binghamton, 120 N. Y. 309.)

The legislature cannot arbitrarily declare property a pub-
lic nuisance for the purpose of devoting it to destruction.
(Colon V. Lisk, 153 N. Y. 188.) (1897.)

The power to divide counties and towns, and erect new
ones, is legislative in its character and is conferred upon
the legislature by the general grant of legislative powers.
(People ex rel. Henderson v. Supervisors of Westchester,
147 N. Y. 1.) (1895.)

The legislature cannot annul the final judgment of a court
convicting an accused person of a crime. (Roberts v. State,
30 App. Div. 106.) (1898.)

The legislature can apportion and cast assessments itself
without notice to property-owners. (Matter of Curren, 25
Misc. Rep. 432; affd., 38 App. Div. 82.)

The legislature can revise and correct its enactments so
as to accomplish In the final result the same justice which
it may be presumed it would have provided for in the first
Instance, if it could have foreseen the actual results to fol-
low upon its first enactments. Where an assessment for a
public improvement has been imposed upon the owners of
abiftting property it may, after the assessment has been
levied and paid, direct that the municipality refund to the
owners assessed the amount so paid on such assessment.
(People V. Molloy, 35 App. Div. 136.) (1898.)

The power of congress to regulate interstate commerce
does not preclude the exercise of the police power of the
state so far as it may prohibit the bringing Into the state
anything detrimental to the health of the state and doe%
Dot render iooperfttjye t})e state statutes on the subjectf

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l*J2i Clebk's Manual.

(Grossman v. Lurman, 57 App. Dlv. 393.) (1901.) (Aflfd.,
171 N. Y. 329.) (1902.)

The legislature has power to curtail or abolish the right
to appeal. (People v. Rutherford, 47 App. Div. 209.) (1900.)

The legislature may authorize the city to insert in con-
tracts for city Improvements a provision requiring the con-
tractor to keep the streets in good repair for a period of
ten years. It may authorize the expense of repaving a
street to be defrayed by local assessment. (People v. City
of Buffalo, 52 App. Div. 157.) (1900.)

The legislature has not the power to direct that a con-
stitutionally elective office shall be filled at a date earlier
than that of the election which next precedes the expira-
tion of the term of the existing incumbent. (People v.
Treacy, 46 App. Dlv. 216.) (1899.)

While the legislature might not delegate authority to a
municipal body without qualification to determine as to the
necessity of a railroad crossing it may authorize the su-
preme court to review the determination of the common
council of the city in favor of extending a street over the
existing railroad. (Matter of Delavan Avenue, 167 N. Y.
256.) (1901.)

The legislature has the power to require a street railway
corporation to keep the railway strip In repair as directed
by the local authorities and to impose all reasonable regula-
tions as to the exercise of its corporate privileges. (Village
of Mechanicvllle v. Stillwater & Mechanicville St. R. R.
Co., 35 Misc. Rep. 513.) (1901.)

The legislature has the power to require an Infant plain-
tiff to give security for costs. (Venanzio v. Weir, 64 App.
Div. 483.) (1901.)

The legislature may legalize acts of the commissioners to
construct a sewer in the city done under statute inad-
vertently scheduled as repealed and subsequently re-en-
acted. (McKee Land & Imp. Co. v. Williams, 63 App. Dlv.
553.) (1901.)

The legislature has no power over a nonresident to make
him personally liable for a tax assessed against his per-
sonal property within this state. (City of New York v.
McLean, 57 App. Div. 601.) (1901.)
The legislature may take away statutory powers of

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Art. 3, § 1. Constitution. 173

boards of supervisors as well as add to them. (County of
Queens v. Petry, 54 App. Div. 115.) (1901.)

The legislature has the right to require as a condition of
obtaining a conveyance under a city tax sale that the pur-
chaser pay prior tax liens for which the property had pre-
viously been sold and bid in by the city. (People v. City of
Buffalo, 63 App. Div. 563.) (1901.)

The constitution does not forbid retroactive legislation
except where it affects rights which existed before its
passage. (Matter of Pell, 60 App. Div. 280.) (1901.)

There is not and never has been any constitutional limi-
tation or restraint upon the power of taxation by the legis-
lature. The power of taxing and the power of apportioning
taxation are identical and inseparable. An act providing
that property should be assessed at a certain sum per linear
front foot for cost of constructing sewer is constitutional.
(People ex rel. Scott v. Pitt, 64 App. Div. 316.) (1901.)
(Affd., 169 N. Y. 521.)

Statutes requiring street railroad corporations to keep
railroad strip in repair is within the power of the legis-
lature, though applying to railroad companies already in
operation. (Doyle v. City of New York, 58 App. Div. 688.)
(1901.)

An act authorizing commissioners named therein to audit
certain outstanding claims against the city of Syracuse for
indebtedness Incurred in excess of appropriations and in
violation of charter restrictions but which the city was
equitably obligated to pay, held constitutional. (City of
Syracuse v. Hubbard. 64 App. Div. 587.) (1901.)

The legislature has power to distribute the cost of a local
improvement or some part of It upon property located upon
the street where the Improvement is made according to the
frontage lands or upon the basis of a specified sum per
linear foot, and the property-owner is not entitled to be
heard at any time upon the justice or propriety of the prin-
ciple upon which the assessment Is to be apportioned. (Peo-
ple ex rel. Scott v. Pitt, 169 N. Y. 521.) (1902.)

Statutes purporting to legalize an assessment for local
improvement and passed after the entry of the Judgment
declaring the assessment invalid are operative so far as t ^"
relate to those acts which the legislature might ha ^
pensed with or ordered done before the proceedin




174 Cucbk's Manual.

instituted. (Loomls v. City of Little Palls, 66 App. Dir.
299.) (1901.) (Affd., 176 N. Y. 31.) (1903.)

Tlie legislature has the right to establish, increase, abolish
or reduce the salary attached to office of alderman during
term of office. (Young v. City of Rochester, 73 App. Div.
81.) (1902.)

It is within the province of the legislature as against a
corporation of its own creation to say what shall constitute
a taking of private property for public purposes, and the
legislature in creating a municipal corporation has the right
to create a tribunal for assessing the damage which indi-
viduals may sustain by reason of the taking of their prop-
erty for public purposes and the corporation cannot question
the constitutionality of such a tribunal. (Matter of Co-
mesky, 83 App. Div. 137.) (1903.)

The legislature has power to extend the limitations of an
existing municipality by annexing thereto territory which
will be made liable for the pre-existing debts of the munic-
ipality without regard to the benefit accruing to the terri-
tory annexed. (Hollister v. City of Rochester, 41 Misc.
Rep. 559.)

Semble that the provisions of the labor law as to pre-
vailing rate of wages so far as It relates to the direct
employees of the state or of a municipality thereof is con-
stitutional. (Ryan v. City of New York, 177 N. Y. 271.)
(1903.)

Legislature cannot authorize municipality to enter into
contract with officer so as to prevent subsequent legislation
abolishing office. (People ex rel. Devery v. Coler, 173 N. i.
103.) (1903.)

The legislature has power to permit for public purpose an
examination of the records in the custody of the county
clerk without making compensation to him. (Wuest v. City
of New York, 89 App. Div. 262.) (1903.)

The legislature may authorize a city to acquire by emi-
nent domain an easement over lands owned and occupied
by a railroad company and acquired by It by purchase.
Semble. That even if lands of railroad company had been
acquired by eminent domain the legislature could still au-
thorize another to occupy them for a public use which did
not Interfere with the prior use. (Mfttt?r Pf City pf Crlpv-
eriTllIe, 42 Misc. Rep. ^^.) (m4.)



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Art. 3, i 1. Constitution. 175

The legislature has the absolute power to require a
municipal corporation to apply the property held by it for
such public use as the legislature shall direct. (Potter v.
Collins, 19 App. Div. 392.)

The legislature has power to abridge the term of office
or abolish an office created by an act of the legislature,
citing Coch V. Mayor, 152 N. Y. 72. (Matter of Lowman,
95 ixpp. Div. 32.) (1904.)

Police Power.

Laws passed in the exercise of the police power must
tend toward the preservation of the lives, health, morals or
welfare of the community, and there must be some clear
and real connection between the assumed purpose of the
law and the actual provisions thereof. (Colon v. Lisk, 153
N. Y. 188.) (1897.)

The state may, by police regulations, so direct the use
and enjoyment of the property of the citizen, that it shall
not prove pernicious to its neighbors or to the public gen-
erally, so long as the exaction is not unreasonable either
with reference to its nature or its cost. (Health Dept. of
N. Y. V. Rector, etc., of Trinity, 145 N. Y. 32.) (1895.)

It is not usually necessary to the validity of police legis-
lation, that the citizen affected should be heard before he
is bound to comply with the direction of the legislature.
(Health Dept. of N. Y. v. Trinity, 145 N. Y. 32.) (1895.)

Act prohibiting sale of vinegar containing artificial color-
ing matter upheld as a valid exercise of police power.
(People V. Girard, 145 N. Y. 105.) (1895.)

The regulation of plumbing in cities upheld as an exer-
cise of the police power. (People ex rel. Nechamcus v.
Warden of City Prison, 144 N. Y. 529.) (18G5.)

The liquor tax law is not a tax law having for its primary
purpose the raising of money for the support of government,
but is a law enacted under the police power. (People ex
rel. Einsfeld v. Murray, 149 N. Y. 367.) (1S9G.)

A city ordinance making it unlawful for any person not
a resident of the city to sell farm products therein without
a license is not a valid exercise of the police power. (City
of Buffalo V. Reavey. 37 App. Div. 228.) (1899.)



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176 Clebk's Mantjal.

Prohibition of the use of soft coal Is within police power
of the state. (Brooklyn v. Nassau El. K. B. Co., 44 App.
Dlv. 462.) (1899.)

A statute providing that no person without a license shall
conduct a maternity hospital is within the police power nt
the state. (People v. Hagen, 52 App. Dlv. 387.) (1900.)

The legislature has power to compel telegraph and tele-
phone companies using the streets of a city to place their
wires in an underground conduit and pay their share of the
expense, in the exercise of general police powers of the
state. (Matter of City of Geneva v. Geneva Telephone Co.,
30 Misc. Rep. 236.) (1900.)

While the police power of state may be used not only to
protect public health, but also to prevent a fraud upon the
people, statutes passed for that purpose must either in
their title or in the body thereof Indicate the purpose
sought to be accomplished. (People v. Blesecker, 58 App.
Dlv. 391.) (1901.) (Affd., 169 N. Y. 53.) (1901.)

A provision that tenement-houses not completed, but for
which excavations have been commenced, shall be subject
only to provisions of tenement-house acts affecting existing
tenement-houses is valid, but provision that in such cases
the first tier of beams must have been set prior to a certain
date is an unreasonable exercise of police power. (Signell
V. Wallace, 35 Misc. Rep. 656.) (1901.)

Anti-scalpers' law unconstitutional. Is not a valid exer-
cise of the police power of the state. (People v. Caldwell,
64 App. Dlv. 46.) (1901.)

Railroad grade crossing act under which a railroad com-
pany may take proceedings to have a grade crossing
abolished is within the police powers of the state. (Matter
of B. & A. R. R. Co., 64 App. Dlv. 257.) (1901.)

Provisions of labor law regulating hours of employment
in bakeries, valid exercise of police power. (People v.
Lochner, 73 App. Dlv. 120.) (1902.)

Police power in respect to articles of food stated: 1. That
the legislature cannot forbid or wholly prevent the sale of
a wholesome article of food. 2. That legislation Intended
and reasonably adapted to prevent an article being manu>
factured in Imitation or semblance of a well-known article
in common use and thus imposing upon consumers or pur-



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Art. 3, § 1. Constitution. 177

chasers is valid. 3. That in the interest of public health
the legislature may declare articles of food not complying
with a specified standard unwholesome and forbid their
sale. Law forbidding use of preservatives other than salt in
butter held unconstitutional. (People v. Bieseclter, 169 N.
Y. 53.) (1902.)

Trading stamp law unconstitutional where stamps are
exchangeable for articles which are fixed and certain and
there is no element of chance involved in the exchange.
(People V. Dycker, 72 App. Div. 308.) (1902.)

Statutes • prohibiting trade in food on Sunday within
police power. (People v. Hagen, 36 Misc. Rep. 349.) (1902.;
It is competent for the legislature under its general police
power to impose a new duty for the protection or safety of
the public or of persons occupying or In buildings, the vio-
lation of which, if it directly and without any intervening
cause results in injury or damage, will give rise to a cause
of action, and may delegate this authority to a municipal
legislature. (Koch v. Fox, 71 App. Div. 288.) (1902.)

A statute providing that a person who manufactures ex-
plosive substances in a house occupied for dwelling pur-
poses is guilty of a misdemeanor is within police power.
(People V. Lichtmen, 65 App. Div. 76.) (1902.)

Grade crossings in cities are quasi-public nuisances and
their abolition is within police power. (Lehigh Valley R.
R. Co. V. Adams, 70 App. Div. 427.) (1902.)

Act requiring street railways to furnish free transporta- .
tion to policemen and firemen not within police power.
(Wilson V. United Traction Co., 72 App. Div. 233.) (1902.)
Tenement-house act as affecting a building for which
permit had been issued but construction not commenced,
held constitutional. (City of New York v. Herdje, 68 App.
Div. 370.) (1902.)

The confiscation of gam'bling outfits is within the police
power of the state. (People v. Adams, 176 N. Y. 351.)
(1903.)

Section 384h, subd. 1, prohibiting any person or corpoir
tion contracting with the state or a municipal corpor
from requiring more than eight hours work for a
labor is unconstitutional as not within the police




178 Clerk*s Manual.

(People V. Orange Road Construction Co., 175 N. Y. 84.)
(1903.)

Statute requiring registration and certificate of com-
petency of each master plumber, city of New York, held
constitutional. (Schnaier v. Navarre Hotel Imp. Co., 82
App. Div. 25.) (1903.)

To justify the state in regulating a business or occupa-
tion in behalf of the public it must appear, first, that the
interest of the public is general as distinguished from those
of a particular class requiring such interference. Second,
that the means used are reasonably necessary for the ac-
complishment of the purpose and are not unduly oppressive
upon individuals. (Grossman v. Caminez, 79 App. Div. 15.)
(1903.)

The legislature may confer upon boards of health power
to enact sanitary ordinances having the force of law in the
districts over which their jurisdiction extends. An act au-
thorizing the board of health to enact an ordinance pro-
hibiting the sale of adulterated milk constitutional. (People
V. Timmermen, 79 App. Div. 565.) (1903.)

The provisions of the transportation law prohibiting gas
companies from collecting rental for gas meters furnished
to customers held to be within police power of the state.
(City of Buffalo v. Buffalo Gas Co., 81 App. Div. 505.)
(1903.)

Provisions of sanitary code of New York city forbidding
the discharge of smoke from any building, engine or loco-
motive, held to be a reasonable regulation and constitu-
tional. (People V. Horton, 41 Misc. Rep. 309.) (1903.)

Ordinance prohibiting the keeping or killing of poultry
within certain limits without a permit held a valid exercise
of police power. (People v. Davis, 78 App: Div. 570.)
(1903.)

The provisions of the labor law restricting hours of labor
In bakeries is a valid exercise of the police power, relative
to the public health. (People v. Lochner, 177 N. Y. 145.)
(1903.)

An act requiring school sinks In tenement-houses to be
replaced by individual water-closets is a reasonable and
proper exercise of the police power. (Tenement-House De-
partment V. Moeschen, 89 App. Div. 526.) (1904.)



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Art. 3, § 2. Constitution. 179

The provisions of the agricultural law prohibiting the
sale of oleomargarine is constitutional, so far as- it pro-
hibits the sale of oleomargarine which has been changed
by the addition of coloring matter from its natural white
color to the yellow color of butter, even though the seller
declares the true character of the substance at the time of
the sale. (People v. Meyer, 89 App. DIv. 185.) (1903.)

That part of subdivision 16 of section 640 of the Penal
Code making it a misdemeanor to publicly mutilate, etc..
the flag of the United States or of the state of New York
is a valid exercise of the police power. That part of said
subdivision which prohibits the use of the picture or repre-
sentation of said flags In connection with the advertisement
of merchandise is unconstitutional as infringing upon the
personal liberty of the citizen and Interfering with his right
to engage in lawful business occupations and pursuits, and
is not a proper exercise of the police power. (People ex rel.
McPlke V. Van Deearr, 91 App. Dlv. 20.) (1904.) (Affd..
178 N. Y. 425.) (1904.)

The legislature has the supreme control of streets and
public highways and has the right to regulate and restrict
their use. An ordinance prohibiting a hackman from using
the streets to solicit patronage without license held con-
stitutional. (People ex rel. Van Norder v. Sewer Commis-
sioners, 90 App. Div. 555.) (1904.)

Statute prohibiting possession of fish and game brought
into the state from without the state held unconstitutional
as not a valid exercise of the police power. (People v.
A. Booth & Co., 42 Misc. Rep. 321.) (1904.)

Chapter 459, Laws of 1903, making It unlawful to employ
a child under fourteen years of age in any business while
the public schools are in session Is a valid exercise of the
police power. (City of New York v. Chelsea Jute Mills,
43 Misc. Rep. 266.; (1904.)

The legislature has the right under the police power to
prescribe transfers as a regulation of the rate of fare of
street railways. (Jopham v. Interurban St. Ry., 42 Misc.
Rep. 503.) (1904.)

Number and terms of senators and assembly-
pen.-^} 2r The Sens-te sbaU cowsist of fifty mem-



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180 Clerk's Manual.

bers, except as hereinafter provided. The senators
elected in the year one thousand eight hundred and
ninety-five shall hold their offices for three years, and
their successors shall be chosen for two years. The
Assembly shall consist of one hundred and fifty mem-
bers, who shall be chosen for one year.

[New, superseding section 2 of article III of the amended
constitution of 1846, which provided for a senate of 32
members, and an assembly of 128 members. The provision
that the senate shall consist of 50 members, " except as here-
inafter provided," refers to the provision in the last para-
graph of section 4 of this article.]



Senate districts.— § 3. The state shall be divided into
fifty districts to be called senate districts, each of which
shall choose one senator. The districts shall be num-
bered from one to fifty, inclusive.

District number one (1) shall consist of the counties
of Suffolk and Richmond.

District number two (2) shall consist of the county
of Queens.

District number three (3) shall consist of that part
of the county of Kings comprising the first, second,
third, fourth, fifth and sixth wards of the city of
Brooklyn.

District number four (4) shall consist of that part
of the county of Kings comprising the seventh, thir-
teenth, nineteenth and twenty- first wards of the city
of Brooklyn.

District number five (5) shall consist of that part
of the county of Kings comprising the eighth, tenth,

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Art. 3, § 3. Constitution. 181

twelfth and thirtieth wards of the city of Brooklyn,
and the ward of the city of Brooklyn which was
formerly the town of Gravesend.

District number six (6) shall consist of that part
of the county of Kings comprising the ninth, eleventh,
twentieth and twenty-second wards of the city of
Brooklyn.

District number seven (7) shall consist of that part
of the county of Kings comprising the fourteenth,
fifteenth, sixteenth and seventeenth wards of the city
of Brooklyn.

District number eight (8) shall consist of that part
of the county of Kings comprising the twenty-third,
twenty -fourth, twenty-fifth and twenty-ninth wards
of the city of Brooklyn, and the town of Flatlands.

District number nine (9) shall consist of that part
of the county of Kings comprising the eighteenth,
twenty- sixth, twenty- seventh and twenty-eighth wards
of the city of Brooklyn.

District number ten (10) shall consist of that part
of the county of New York within and bounded by a
line beginning at Canal street and the Hudson river,
and running thence along Canal street, Hudson stref»t,
Dominick street, Varick street, Broome street, Sullivan
street. Spring street, Broadway, Canal street, the
Bowery, Division street. Grand street, and Jackson
street, to the East river and thence around the southern
end of Manhattan island, to the place of beginning
and also Governor's, Bedloe's and Ellis islands.

District number eleven (11) shall consist




182 Clerk's Manual.

part of the county of New York lying north of dis-
trict number ten, and within and bounded by a line
beginning at the junction of Broadway and Canal
street, and running thence along Broadway, Fourth
street, the Bowery and Third avenue, St. Mark's place.
Avenue A, Seventh street, Avenue B, Clinton street,
Kivington street, Norfolk street. Division street. Bowery
and Canal street, to the place of beginning.

District number twelve (12) shall consist of that
part of the county of New York lying north of dis-
tricts mmibers ten and eleven and within and bounded
by a line beginning at Jackson street and the East river,
and running thence through Jackson street, Grand



Online LibrarySherman Croswell New York (State). LegislatureThe Clerk's manual of rules, forms and laws for the regulation of business ... → online text (page 12 of 45)