Sherman Croswell New York (State). Legislature.

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street, Division street, Norfolk street, Rivington street,
Clinton street. Avenue B, Seventh street. Avenue A, St.
Mark's place. Third avenue. East Fourteenth street to
the East river, and along the East river, to the place
of beginning.

District number thii"teen (13) shall consist of that
part of the county of New York lying north of dis-
trict number ten, and within and bounded by a line
beginning at the Hudson river at the foot of Canal
street, and running thence along Canal street, Hud-
son street, Dominick street, Varick street, Broome street,
Sullivan street, Spring street, Broadway, Fourth street,
the Bowery and Third avenue, Fourteenth street, Sixth
avenue. West Fifteenth street. Seventh avenue. West
Nineteenth street, Eighth avenue, West Twentieth street,
and the Hudson river; to the place qI beginning.

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Art. 3, i 3. CoNSTiTutioN. 183

District number fourteen (14) shall consist of that
part of the county of New York lying north of dis-
tricts numbers twelve and thirteen, and within and
bounded by a line beginning at East Fourteenth street
and the East river, and running thence along East
Fourteenth street, Irving place, East Nineteenth street,
Third avenue, East Twenty-third street, Lexington
avenue. East Fifty-third street, Third avenue. East
Fifty -second street, and the East river, to the place of
beginning.

District number fifteen (15) shall consist of that
part of the county of New York lying north of dis-
trict number thirteen, and within and bounded by
a line beginning at the junction of West Fourteenth
street and Sixth avenue, and running thence along
Sixth avenue, West Fifteenth street. Seventh avenue,
West Fortieth street, Eight avenue, and the trans-
verse road across Central park at Ninety-seventh street,
Fifth avenue. East Ninety-sixth street, Lexington ave-
nue. East Twenty-third street. Third avenue, East Nine-
teenth street, Irving place and Fourteenth street, to
the place of beginning.

District number sixteen (16) shall consist of that
part of the county of New York lying north of dis-
trict number thirteen, and within and bounded ' by
a line beginning at Seventh avenue and West Nine-
teenth street, and running thence along West Nine-
teenth street. Eighth avenue. West Twentieth street,
the Hudson river. West Forty-sixth street, Tenth
avenue. West Forty-third street. Eighth avenue. West

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184 Olebk's Manual.

Fortieth street, and Seventh avenue, to the place of
beginning.

District number seventeen (17) shall consist of that
part of the county of New York lying north of dis-
trict number sixteen, and within and bounded by a
line beginning at the junction of Eighth avenue and
West Forty-third street, and running thence along
West Forty-third street, Tenth avenue. West Forty-
sixth street, the Hudson river. West Eighty-ninth
street. Tenth or Amsterdam avenue. West Eighty-sixth
street. Ninth or Columbus avenue. West Eighty-first
street and Eighth avenue, to the place of beginning.

District number eighteen (18) shall consist of that
part of the county of New York lying north of dis-
trict number fourteen, and within and bounded by
a line beginning at the junction of East Fifty- second
street and the East river, and running thence along
East Fifty-second street, Third avenue, East Fifty -
third street, Lexington avenue. East Eighty-fourth
street. Second avenue. East Eighty -third street and
the East river, to the place of beginning; and also
Blackwell's island.

District number nineteen (19) shall consist of that
part of the county of New York lying north of dis-
trict number seventeen, and within and bounded by
a line beginning at West Eighty-ninth street and the
Hudson river, and running thence along the Hudson
river and Spuyten Duyvil creek around the northern
end of Manhattan island; thence southerly along the
Harlem river to the north end of Fifth avenue; thence

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Art. 3, § 3. Constitution. Ig5

along Fifth avenue, East One Hundred and Twenty-
ninth street, Fourth or Park avenue, East One Hundred
and Tenth street. Fifth avenue, the transverse road
across Central park at Ninety- seventh street, Eighth
avenue. West Eighty-first street, Ninth or Columbus
avenue, West Eighty-sixth street, Tenth or Amsterdam
avenue and West Eighty-ninth street, to the place of
beginning.

District number twenty (20) shall consist of that
part of the county of New York lying north of dis-
tricts numbers eighteen and fifteen, and within and
bounded by a line beginning at East Eighty-third
street and the East river, running thence through
East Eighty-third street. Second avenue. East Eighty-
fourth street, Lexington avenue. East Ninety- sixth
street. Fifth avenue. East One Hundred and Tenth
street. Fourth or Park avenue. East One Hundred and
Nineteenth street to the Harlem river, and along the
Harlem and East rivers to the place of beginning; and
also Randall's island and Ward's island.

All of the above districts in the county of New York
bounded upon or along the boundary waters of the
county, shall be deemed to extend to the county line.
District number twenty-one (21) shall consist of
that part of the county of New York lying north of
districts nimibers nineteen and twenty, within and
lounded by a line beginning at East One Hundred
and Nineteenth street and the Harlem river, a^
running thence along East One Hundred and




186 Clerk's Manual,

teenth street, Fourth or Park avenue, One Hundred
and Twenty- ninth street, Fifth avenue and the Har-
lem river to the place of beginning i and all that part
of the county of New York not hereinbefore described.
District number twenty-two (22) shall consist of the
county of Westchester.

The territory of Westchester county annexed to New York
county remained a part of the twenty-second senate dis-
trict, and of the second judicial district and department.
(People ex rel. Henderson v. Supervisors of Westchester,
147 N. Y. 1,) (1895.)

District number twenty-three (23) shall consist of
the counties of Orange and Rockland.

District number twenty- four (24) shall consist of
the counties of Dutchess, Columbia and Putnam.

District number twenty-five (25) shall consist of
the counties of Ulster and Greene.

District number twenty-six (26) shall consist of the
counties of Delaware, Chenango and Sullivan.

District number twenty-seven (27) shall consist of
the counties of Montgomery, Fulton, Hamilton and
Schoharie.

District number twenty -eight (28) shall consist of
the counties of Saratoga, Schenectady and Washington.

District number twenty-nine (29) shall consist of the
county of Albany.

District number thirty (30) shall consist of the
county of Rensselaer.

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Art. 3, § 3. Constitution. 187

District number thirty-one (31) shall consist of the
counties of Clinton, Essex and Warren.

District number thirty- two (32) shall consist of the
counties of St. T^wrence and Franklin.

District number thirty-three (33) shall consist of the
counties of Otsego and Herkimer.

District number thirty -four (34) shall consist of the
county of Oneida.

District number thirty-five (35) shall consist of the
counties of Jefferson and Lewis.

District number thirty-six (36) shall consist of the
county of Onondaga.

District number thirty-seven (37) shall consist of the
counties of Oswego and Madison.

District number thirty-eight (38) shall consist of
the counties of Broome, Cortland and Tioga.

District number thirty-nine (39) shall consist of the
counties of Cayuga and Seneca.

District number forty (40) shall consist of i he counties
of Chemung, Tompkins and Schuyler.

District number forty- one (41) shall consist of the
counties of Steuben and Yates.

District number forty- two (42) shall consist of the
counties of Ontario and Wayne.

District number forty-three (43) shall consist of that
part of the county of Monroe comprising the towns of
Brighton, Henrietta, Irondequoit, Mendon, Penfield, Per-
inton, rittsford, Rush and Webster, and the foi^
sixth, seventh, eighth, twelfth, thirteenth, fouri




188 Clebk*s Manxtal.

sixteenth, seventeenth and eighteenth wards of the city
of Rochester, as at present constituted.

District number forty -four (44) shall consist of that
part of the county of Monroe comprising the towns
of Chili, Clarkson, Gates, Greece, Hamlin, Ogden, Parma,
Riga, Sweden and Wheatland, and the first, second, tliird,
fifth, ninth, tenth, eleventh, fifteenth^ nineteenth and
twentieth wards of the city of Rochester, as at present
constituted.

District number forty -five (45) shall consist of the
counties of Niagara, Genesee and Orleans.

District number forty-six (46) shall consist of the
counties of Allegany, Livingston and Wyoming.

District number forty- seven (47) shall consist of that
part of the county of Erie comprising the first, second,
third, sixth, fifteenth, nineteenth, twentieth, twenty-
first, twenty- second, twenty-third and twenty-fourth
wards of the city of BuiTalo, as at present constituted.

District number forty-eight (48) shall consist of that
part of the county of Erie comprising the fourth, fifth,
seventh, eighth, ninth, tenth, eleventh, twelfth,
thirteenth, fourteenth and sixteenth wards of the city
i)f Bufl'alo as at present constituted.

District number forty-nine (49) shall consist of that
part of the county of Erie comprising the seventeenth,
eighteenth and twenty -fifth wards of the city of Buffalo,
as at present constituted; and all the remainder of the
said county of Erie not hereinbefore described.



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Art. 3, § 4. Constitution. 189

District number fifty (50) shall consist of the
counties of Chautauqua and Cattaraugus.

[New, superseding the apportionment made by laws 1892,
chap. 397.]

Enumerations and reapportionments. — § 4. An enu-
meration of the inhabitants of the State shall be taken
under the direction of the Secretary of State, during
the months of May and June, in the year one thousand
nine hundred and five, and in the same months every
tenth year thereafter; and the said districts shall be
so altered by the Legislature at the first regular ses-
sion after the return of every enumeration, that each
senate district shall contain as nearly as may be an
equal number of inhabitants, excluding aliens, and bo
in as compact form as practicable, and shall remain un-
altered until the return of another enumeration, and
shall, at all times, consist of contif^aotis territory, «nd
no county shall be divided in the formation of a senate
district except to make two or more senate districts
wholly in such county. No town, and no block in a city
inclosed by streets or public ways, shall be divided in
the formation of senate districts; nor shall any district
contain a greater excess in population over an adjoining
district in the same county, than the population of a
town or block therein adjoining such district. Coun-
ties, towns or blocks which, from their location, may be
included in either of two districts, shall be so placed
as to make said districts most nearly equal in number
of inhabitants, excluding aliens.

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190 Olebk's Manttal.

No county shall have four or more senators unless
it shall have a full ratio for each senator. No county-
shall have more than one -third of all the senators;
and no two counties or the territory thereof as now
organized, which are adjoining counties, or which are
separated only by public waters, shall have more than
one-half of all the senators.

The ratio for apportioning the senators shall always
be obtained by dividing the number of inhabitants,
excluding aliens, by fifty, and the senate shall always
be composed of fifty members, except that if any county
having three or more senators at the time of any ap-
portionment shall be entitled on such ratio to an
additional senator or senators, such additional senator
or senators shall be given to such county in addition
to the fifty senators, and the whole number of senators
shall be increased to that extent.

[New, superseding section 4 of article III of the amended
constitution of 1846.]

Tlie legislature in determining the question of population
is not Confined to the last state census. (De Camp v. Eve-
land, 19 Barb. 81.)

This section giants to the legislature a discretion, which the
court has no power to review unless it has been plainly and
grossly abused. (People ex rel. Carter v. Rice, 135 N. Y. 473.)

The power of the legislature to direct an enumeration is
not lost by the failure of the first legislature after the ex-
piration of ten years to perform Its duty. The duty de-
volves upon each succeeding legislature. (People v. Rum-
sey, 10 N. Y. 41; People ex rel. Carter v. Rice, 135 Id. 473.)

The violation of the constitutional provisions In the
formation of certain senatorial districts renders Ch. 431,
L. 1906, wholly unconstitutional. See Matter of Sherrill v.
O'Brien, 188 N. Y. 185-234.



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Art. 3, § 5. Constitution. 191

Apportionment of assemblymen; creation of assembly
districts. — § 5. The members of the Assembly shall be
chosen by single districts and shall be apportioned by
the Legislature at the first regular session after the
return of every enumeration .imong the several counties
of the State, as nearly as may be according to the
number of their respective inhabitants, excluding aliens.
Every county heretofore established and separately
organized, except the county of Hamilton, shall always
be entitled to one member of Assembly, and no county
shall hereafter be erected unless its population shall en-
title it to a member. The county of Hamilton shall elect
with the county of Fulton, until the population of the
county of Hamilton shall, according to the ratio, entitle
it to a member. But the Legislature may abolish the
said county of Hamilton and annex the territory thereof
to some other county or counties.

Tlie quotient obtained by dividing the whole number
of inhabitants of the State, excluding aliens, by the
number of members of assembly, shall be the ratio for
apportionment, which shall be made as follows: One
member of assembly shall be apportioned to every
county, including Fulton and Hamilton as one county,
containing less than the ratio and one-half over. Two
members shall be apportioned to every other county.
The remaining members of assembly shall be appor-
tioned to the counties having more than two ratios ac-
cording to the number of inhabitants, excluding alien
Members apportioned on remainders shall be apportiojj
to the counties having the highest remainders iiij
order thereof respectively. No county shall have




192 Clerk's Manual.

members of assembly than a county having a greater
number of inhabitants, excluding aliens.

Until after the next enumeration, members of the
Assembly shall be apportioned to the several counties
as follows: Albany county, four members; Allegany
county, one member; Broome county, two members;
Cattaraugus county, two members; Cayuga county, two
members; Chautauqua county, two members; Chemung
county, one member; Chenango county, one member;
Clinton county, one member; Columbia county, one
member; Cortland county, one member; Delaware
county, one member; Dutchess county, two members;
Erie county, eight members; Essex county, one mem-
ber ; Franklin county, one member ; Fulton and Hamilton
counties, one member; Genesee county, one member;
Greene county, one member; Herkimer county, one
member; Jefferson county, two members; Kings county,
twenty-one members; Lewis county, one member; Liv-
ingston county, one member; Madison county, one mem-
ber ; Monroe county, four members ; Montgomery county,
one member; New York county, thirty-five members;
Niagara county, two members; Oneida county, three
members; Onondaga county, lour members; Ontario
county, one member; Orange county, two members;
Orleans coimty, one member; Oswego county, two mem-
bers; Otsego county, one member; Putnam county, one
member; Qaeens county, three members; Rensselaer
county, three members; Richmond county, one member;
Rockland county, one member; St, liawrence county,

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Art. 3, §,5. Constitution. 193

two members; Saratoga county, one member; Schenec-
tady county, one member; Schoharie county, one mem-
ber; Scliuyler county, one member; Seneca county,
one member; Steuben county, two members; Suffolk
county, two members; Sullivan county, one member;
Tioga county, one member; Tompkins county, one
member; Ulster county, two members; Warren county,
one member; Washington county, one member; Wayne
county, one member; Westchester county, three mem-
bers; Wyoming coimty, one member, and Yates county,
one member.

In any county entitled to more than one member,
the board of supervisors, and in any city embracing an
entire county and having no board of supervisors, the
common council, or if there be none, the body exercising
the powers of a common council, shall assemble on the
second Tuesday of June, one thousand eight hundred
and ninety-five, and at such times as the Legislature
making an apportionment shall prescribe, and divide
such counties into assembly districts as nearly equal in
number of inhabitants, excluding aliens, as may be
of convenient and contiguous territory in as compact
form as practicable, each of which shall be wholly
within a senate district formed under the same appor-
tionment, equal to the number of members of assembly
to which such county shall be entitled, and shall cause
to be filed in the office of the Secretary of State and of
the clerk of such county, a description of such district^
specifying the number of each district and of the




194 Clebk's Manual.

habitants thereof, excluding aliens, according to the
last preceding enumeration; and such apportionment
and districts shall remain unaltered until another enu-
meration shall be made, as herein provided; but said
division of the city of Brooklyn and the county of
Kings to be made on the second Tuesday of June, one
thousand eight hundred and ninety- five, shall be made
by the common council of the said city and the board
of supervisors of said county, assembled in joint ses-
sion. In counties having more than one senate district,
the same number of assembly districts shall be put in
each senate district, unless the assembly districts can-
not be evenly divided among the senate districts of any
county, in which case one more assembly district shall
be put in the senate district in such county having the
largest, or one less assembly district shall be put in
the senate district in such county having the smallest
number of inhabitants, excluding aliens, as the case
may require. No town, and no block in a city inclosed
by streets or public ways, shall be divided in the forma-
tion of assembly districts, nor shall any districts con-
tain a greater excess in population over an adjoining
district in the same senate district, than the population
of a town or block therein adjoining such assembly
district. Towns or blocks which, from their location,
may be included in either of two districts, shall be so
placed as to make said districts most nearly equal in
number of inhabitants, excluding aliens; but in the
division of cities under the first apportionment, regard
shall be had to the number of inhabitants, excluding

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Art. 3, § 6. Constitution. I95

aliens, of the election districts according to the state
enumeration of one thousand eight hundred and ninety-
two, so far as may be, instead of blocks. Nothing in
this section shall prevent the division, at any time,
of counties and towns, and the erection of new towns
by the Legislature.

An apportionment by the Legislature, or other body,
shall be subject to review by the Supreme Court, at
the suit of any citizen, under such reasonable regula-
tions as the Legislature may prescribe; and any court
before which a cause may be pending involving an
apportionment, shall give precedence thereto over all
other causes and proceedings, and if said court be not
in session it shall convene promptly for the disposition
of the same.

[New, superseding section 5 of article III of the amended
constitution of 1846, and the assembly apportionment made
by Laws of 1892, chapter 397.]

The legislature caonot alter an assembly district by
changing the bounds of a city or town. (Kinne v. City of
Syracuse, 3 Keyes, 110.)

The division by the supervisors is presumptively proper,
'and the presumption is not rebutted by the fact that the
districts are to some extent unequal in population. (Baird
v. Supervisors, 138 N. Y. 95, 106.)

Under this section boards of supervisors are permitted
to exercise a reasonable discretion in the creation of the as-
sembly districts. (Smith v. Supervisors of St. Lawrence,
148 N. Y. 187.) (1896.)

Compeiisation of members. — § 6. Each member of th
Legislature shall receive for his services an anm
salary of one thousand five hundred dollars. The m



vGo




196 Glebk's Manual.

bers of either house shall also receive the sum of one
dollar for every ten miles they shall travel in going
to and returning from their place of meeting, once in
each session, on the most usual route, Senators, when
the Senate alone is convened in extraordinary session,
or when serving as members of the Court for the Trial
of Impeachments, and such members of the Assembly,
not exceeding nine members, as shall be appointed
managers of an impeachment, shall receive an additional
allowance of ten dollars a day.

[Section 6 of article III of the amended constitution of
1846, without change. 1

(See Legislative Law, § 5, restricting members from re-
ceiving $1,200 before final adjournment. For salaries of
ofiOicers and employes see Legislative Law, §§ 7-12.)

Civil appointments of members void. — § 7. No mem-
ber of the Legislature shall receive any civil appoint-
ment within this State, or the Senate of the United
States, from the Governor, the Governor and Senate,
or from the Legislature, or from any city government,
during the time for which he shall have been elected ;
and all such appointments and all votes given for any
such member for any such ofl&ce or appointment pball
be void.

[Section 7 of article III of the amended constitution of
1846, without change.]

An appointment of a member of assembly as clerk by a
Justice of a district court is not violative of this section.



vGooQle



gl



Art. 3, §1 8, 9. Constitution. 197

(Stewart v. Mayor, 15 App. DIv. 548.) (1897.) A district
court is not a city court. (Id.)

Persons disqualified from being members. — | 8. No
person shall be eligible to the Legislature, who at the
time of his election, is, or within one himdred days
previous thereto has been, a member of Congress, a
civil or military officer under the United States, or an
officer under any city government. And if anv person
shall, after his election as a member of the legislature,
be elected to Congress, or appointed to any office, civil
or military, under the government of the United States,
or under any city government, his acceptance thereof
shall vacate his seat.

[Section 8 of article III of the amended constitution of
1846, without change.]

A park commissioner of the city of Hornellsville is a city
officer under this section and ineligible to election to the
legislature. The whole subject thoroughly discussed. (Peo-
ple ex rel. Sherwood v. Bd. of Canvassers, 129 N. Y. 360,
365.)

Time of elections. — § 9. The elections of senators
and members of assembly, pursuant to the provisions
of this Constitution, shall be held on the Tuesday suc-
ceeding the first Monday of November, unless otherwise
directed by the Legislature.

[Section 9 of article III of the amended constitution o^
1846, without change.]



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198 Clebk's Manual.

Powers of each house. — § 10. A majority of each
house shall constitute a quorum to do business. Each
house shall determine the rules of its own proceedings,
and be the judge of the elections, returns and qualifi-
cations of its own members; shall choose its own
officers; and the Senate shall choose a temporary presi-
dent to preside in case of the absence or impeachment
of the Lieutenant-Governor, or when he shall refuse to
act as president, or shall act as Governor.

[Section 10 of article III of the amended constitution of
1846, amended by providing tliat the temporary president
shall preside in the case of Impeachment of the lieutenant-
governor or when he shall refuse to act.]



Online LibrarySherman Croswell New York (State). LegislatureThe Clerk's manual of rules, forms and laws for the regulation of business ... → online text (page 13 of 45)