Sherman Croswell New York (State). Legislature.

The Clerk's manual of rules, forms and laws for the regulation of business ... online

. (page 29 of 45)
Online LibrarySherman Croswell New York (State). LegislatureThe Clerk's manual of rules, forms and laws for the regulation of business ... → online text (page 29 of 45)
Font size
QR-code for this ebook


like manner. Unless otherwise instructed by the com-
mittee appointing them the commissioners shall examine
privately every witness attending before them and shall
not make public the particulars of such examination.

§ 61. Subcommittees. — Whenever any standing com-
mittee of either house of the legislature shall be required
to make an inquiry or investigation, such committee
may appoint a subcommittee of not less than three of its
own members to make such inquiry or investigation,
and to take testimony in relation thereto; and such
committee or subcommittee and the chairman thereof
shall respectively have all the powers and authority,
which are conferred by law upon any committee which
is authorized to send for persons or papers, or upon the
chairman thereof.

§ 62. Witnesses' fees.— Any person attending as a
witness under the provisions of the last two sections
shall receive the same fees as are allowed witnesses in
civil actions in courts of record. Such fees need not
be prepaid, but the comptroller upon the certificate qf

14



cate of jH^^^hl



418 Clerk's Manual.

the chairman of the committee, and proof by affidavit
or otherwise that the same is due, shall draw his warrant
for the payment of the amount thereof.

§ 63. Expenses of committees. — Whenever by resolu-
tion of either house, a committee duly appointed by it,
shall be directed to conduct an investigation or take
testimony in any other place than the city of Albany,
the comptroller shall draw his warrant for the payment
of the actual and necessary expenses of the committee
or subcommittee having in charge such investigation,
inquiry or taking of testimony, and of the officers and
employees authorized to accompany them, upon the
rendition of an itemized bill of such expenses certified
by the chairman of the committee, and approved by the
presiding officer of the house by which the committee
was appointed, and upon proof by affidavit or otherwise
that the same is due.

§ 64. Contested elections. — Upon the application of
any person desirous of obtaining testimony respecting
the election of a member of either house, for the pur-
pose of contesting an election, or resisting a contest
thereof, any county judge of the county, or justice of
the supreme court of the district, or the mayor or re-
corder of a city in which the member or applicant shall
reside, may require the attendance of persons named by
the applicant, at a specified time and place, to be ex-
amined respecting such election; and shall, at the same
time, issue a notice to the opposite party of the time,
place and object of such examination. The notice shall

Digitized by VjOOQIC



Legislative Law. 419

be served in the same manner as a notice of motion in
a court of record. At the time appointed for the
examination, upon proof of the due service of such
notice, the witnesses who shall attend or who shall be
produced by either party, shall be examined under oath
before such officer, respecting such matters relating to
the election about to be contested, as shall be proposed
by either party. The testimony given upon such exami-
nation shall be reduced to writing, signed by the wit-
nesses respectively, certified by the ofl&cer before whom
it was taken, and with the subpoena, notice and proof of
the service thereof, shall be sent by him under seal to
the clerk of the house to which the election pertains.

A witness attending before such officer, by virtue of
a subpoena, shall receive the same fees as are allowed to
witnesses in civil suits in courts of record, to be paid
by the party at whose instance such witness was sum-
moned.

§ 65. Expenses of unsuccessful contestant. — When the
seat of any member of the legislature shall be contested,
no expense incurred by the contestant, in prosecuting
his claim, shall be paid by the state, unless such seat be
awarded to the contestant.

§ 66. Legislative appearances. — Every person retained
or employed for compensation as counsel or agent by
any person, firm, corporation or association to promote
or oppose directly or indirectly the passage of bills
or resolutions by either house or to promote or oppose
executive approval of such bills or resolutions, shall, in

Digitized by VjOO'



IK



420 Clebk*s Manxjal.

each and every year, before any service is entered upon
in promoting or opposing -such legislation, file in the
office of the secretary of state a writing subscribed by
such counsel or agent stating the name or names of the
person or persons, firm or firms, corporation or corpora-
tions, association or associations, by whom or on whose
behalf he is retained or employed, together with a brief
description of the legislation in reference to which such
service is to be rendered. No notice so filed shall be
valid for more than thirty days after the adjournment
of the session of the legislature held in the year in which
the same is filed. It shall be the duty of the secretary
of state to provide a docket to be known as the docket
of legislative appearances, with appropriate blanks and
indices, and to forthwith enter therein the names of the
counsel and agents so retained or employed and of the
persons, firms, corporations or associations retaining or
employing them, together with a brief description of
the legislation in reference to which the service is to be
rendered, which docket shall be open to public inspection.
Upon the termination of such employment the fact of
such termination, with the date thereof, may be entered
by direction of either such counsel or agent or of the
employer. No person, firm, corporation or association
shall retain or employ any person to promote or oppose
legislation for compensation contingent in whole or in
part upon the passage or defeat of any legislative
measure or measures. No person shall for compensation
engage in promoting or opposing legislation except
upon appearance entered in accordance with the fore-
going provisions of this section. And no person shall

Digitized by VjOOQIC *



JLEGISLATTVE JLAW. 421

accept any such employment or render any such service
for compensation contingent upon the passage or defeat
of any legislative measure or measures. It shall be the
duty of every person, firm, corporation or association
within two months after the adjournment of the legis-
lature to file in the office of the secretary of state an
itemized statement verified by the oath of such person,
or in case of a firm of a member thereof, or in case of a
domestic corporation or association of an officer or agent
thereof, showing in detail all expenses paid, incurred or
promised directly or indirectly in connection with legis-
lation pending at the last previous session, with the
names of the payees and the amount paid to each,
including all disbursements paid, incurred or promised
to counsel or agents, and also specifying the nature of
said legislation and the interest of the person, firm,
corporation or association therein. The provisions, how-
ever, of this section requiring docket entries shall not
apply to duly accredited counsel or agents of counties,
cities, towns, villages, public boards and public institu-
tions. And the provisions hereof shall not be con-
strued as affecting professional services in drafting bills
or in advising clients and in rendering opinions as to
the construction and effect of proposed or pending legis-
lation where such professional service is not otherwise
connected with legislative action. Every person, every
member of any firm, and every association or corpora-
tion violating any provision of this section and every
person causing or participating in a violation thereof
shall be guilty of a misdemeanor and, in case of an
individual, shall be punishable by imprisonment in a



hereof

of an ^^riH^^,



422 Clerk's Manual.

penitentiary or county jail for not more than one
year or by a fine of not more than one thousand dollars
or by both, and, in case of an association or corpora-
tion, by a fine of not more than one thousand dollars.
And in addition to the penalties hereinbefore imposed
any corporation or association failing to file the state-
ment of legislative expenses within the time required
shall forfeit to the people of the state the sum of one
hundred dollars per day for each day after the expira-
tion of the two months within which such statement is
required to be filed, to be recovered in an action to be
brought by the attorney-general.



ARTICX.E V.

Laws Repealed; When to Take Effect.

Section 90. Laws repealed.

91. When to take effect.

§ 90. Laws repealed. — Of the laws enumerated in the
schedule hereto annexed, that portion specified in the
last column is hereby repealed.

§ 91. When to take effect— This chapter shall take
effect immediately.

. Schedule of Laws Repealed.
Revised Statutes Part 1, chapter 7 All.

Laws of Chapter. Section.

1778 12 1.

1778 24 All.

1779 11 All (2d Seas.).



y Google





Legislative Law.


Laws of


Chapter.


Section.


1785


90


. 34.


1786


14


. All.


1786


35


. All.


1788


. 34


. 1.


1790


. 35


. All.


1792


. 63


. 4-6.


1797


. 31


. 8, 9.


1798


. 104


. All.


1800


. 70


. All.


1801


. 27


. 1.


1801


. 173


. 3, 4.


1801


. 194


. All.


1803


. 44


. All.


1805


. 17


. 4, 5.


1811


. 150


. All.


1811


. 246


. 41.


1812


2


. All (Q6th


R. L. 18113 . .


2


. 3, 4.


R. L. 1813 . .


14


. 1, 2.


1813


. 195


. All.


1814


3


. All.


1815


. 266


. 5, 6.


1818


. 228


. All.


1820


6


. All.


1820


. 19


. All.


1»20


. 124


. 3.


1821


. 184


. All.


1821


. '18«


. 3.


1822


. 127


. /.


1822


. 222


. All.


1822


. 260


. 7, 22.


1823


. 14


. All.


1823


. 54


. 2.


1824


. 40


. All.


1924


. 238


. 44.


1824


. 336


. All.


1825


8


. All.



423



Sess.) •



'"""wW



424 Clebk's Manual.



Laws of


Chapter.


Section.


1825


. . 324


. All.


1826


. . 521


. 3.


1827


. . 242


. All.


1827


9


. All (2(1 Meet.).


1828


4


. All.


1828


.. 321


. All.


1828


. . 20


. 1-14, 24-33 (2d Meet.).


1828


.. 21


. 1, 1I1I39, 114, 125,207,349,
371, 374, 426, 491 (2d
Meet.).


1829


.. 275


. All.


1830


.. 259


. All.


1837


.. 140


. All.


1839


.. 263


. All.


1841


. . 300


. All.


1842


.. 306


. All.


1842


.. 310


. 2, 3.


1843


98


. All.


1845


.. 70


. 3.


1845


.. 258


. All.


1845


.. 280


. All.


1846


. . 24


. All.


1847


59


. All.


1847


.. '199


. All.


1847


.. 200


. All.


1847


.. 253


. All.


1847


. . 254


. All.


1847


. . 458


. All.


1849


.. 312


. All.


1850


.. 281


. All.


1851


.. 322


. All.


1853


.. 580


. All.


1854


. . 51


. All.


1854


.. 197


. All.


1855


.. 548


. All.


18.58


. . 331


. All.


1859


1


. All.


1859


,. 321


. All.

Digitized by Google



Legislative Law. 425



Laws of


Chapter.


Section.




1860


. . 395


. All.




1868


. . 345


. All.




1870


.. 113


. All.




1870


.. 215


. All.




1872


12


. All.




1872


.. 485


. All.




1874


.. 15


. All.




1874


.. 416


. All.




1875


9


. All.




1875


. . >1'12


. All.




1875


.. 241


. 2.




1875


.. 557


. All.




1879


. . 212


. All.




187'9


.. 379


. All.




1880


60


. All.




1880


.. 76


. All.




1880


.. 176


. 8, 9.




1881


5


. All.




188.1


. . 215 ,


. All.




1881


.. 621


. All.




1882


. . 283


. All.




1885


. . '34'1


. All.




1885


.. 461


. All.




1886


.. 515


. All.




1886


. . 588


. -Ul.




1886


. . 653


. All.




1887


. . «1»1


. All.




1887


.. 193


. All.




1887


. . 443


. All.




1887


.. 625


. All.




1-887


.. 710


. All.




1888


4


. All.




1888


.. 58


. All.




1888


.. 171


. All.




1886


.. 247


. All.




1888


.. 317


. All.




1889


96


. All.




1889


.. 289


. All.


Digitized by



Google



426 Clerk's Manual.



Laws of


Chapter.


Section.


1890


.. 281


. . All.


1891


.. 67


. All.


1892


.. 682


. All.


1892


.. 715


. . 1, 2 ; 3, except as to New
York county; 4. 5, 7, 8.


1893


24


, . 1, 2, 4.


1893


.. 1132


,. All.


1893


. . 6«4


. . All.


1894


.. 53


. All.


1894


. . 138


. . All.


1894


. . 218


.. 1.


1894


.. 473


. All.


1894


.. 491


, . All.


1895


. . 218


. . All.


1895


.. 477


. All.


18^5


. . 856


. All.


1896


. . 259


, . All.


1897


.. 19


. All.


1901


.. 88


,. L


1901


.. 467


, . All.


1902


.. 182


. All.


1902


. . 293


, . All.


1904


.. 172


. . All.


1905


23


. All.


1906


.. 240


. All.


1906


.. 321


. All.


1906


.. 475


. All.


1907


.. 427


. All.


1908


2


, . All.


1908


.. 216


. All.


1908


.. 289


,. All.



y Google



MISCELLANEOUS.



OF CONTESTS FOR SEATS.

The Constitution, article 3, section 10, provides that
each House shall be the judge of the election, returns
and qualifications of its own members.

The member whose right to nis seat is disputed
holds it under the certificate of the canvassing board,
until ousted in due course. But it is not unusual that
the person claiming the disputed seat is accorded a seat
in the House, and other privileges and rights belonging
to members.

Formerly it was customary to allow the unsuccess-
ful contestant the expenses of his contest, and some-
times, where the grounds of the contest had been very
strong, the pay and mileage of a member up to the time
of a final decision. It may be doubted whether, under
the Constitution, as amended in 1874, such a payment
would be lawful, even if provided for by statute.
Chapter 37 of the Laws of 1909 (§ 65), however, puts
the question at rest by providing that no expense in-
curred by the contestant in prosecuting his claim shall
be paid by the State, unless the contestant shall be
awarded the seat.

Proceedings in such cases are always initiated by
petition, the claimant presenting his case in that form,
with such statements of facts, affidavits, etc., as con-
stitute the ground of his claim.

^^^^^ Digitized by Google



428 Clebk's Manual.

Chapter 37 of of the Laws of 1909 (§64) provides that
both parties to such contest may, on complying with
certain requisitions, have testimony taken pro and con,
in advance of the Legislature — then to be laid before
the committee having the matter in charge.

The Standing Committee on Privileges and Elections,
to whom such cases are always referred, may be ap-
pointed in advance of the other standing committees,
when such cases present themselves at the opening of
a session.

The committee charged with such cases is restricted
in its range of inquiry only by the nature of the case
and the order of the House. They may confine them-
selves to the testimony adduced by the parties, or to
even narrower bounds, or they may go beyond it. But
if the case seems to require that the committee should
go behind the ballot boxes and ascertain the intention
of the voters on one side and the other — as where the
case turns on misspelled or defective ballots — the com-
mittee generally take the sense of the House on the
subject, especially if such inquiry promises to be exten-
sive and expensive, and to delay a report until an ad-
vanced stage of the session.

The legislative journals and documents are full of
precedents as to the usages and rules which govern the
committee and the House in such cases.

FORM OF SUBPOENA.

The following form of subpoena is applicable to all
cases where ^n investigation has been ordered by the
A99^mbl7, a»4 power grft»t^4 tp send for persons mi

Digitized by VjOO^ l^



Miscellaneous. 409

papers ; if the investigation has been intrusted to a joint
committee, a slight variation of this form will render it
applicable to the case:

Assembly Chamber,

Albany 19...

To :

Sir. — In pursuance of a resolution of the Assembly
adopted of which the following is a copy:

On motion of Mr

Resolved (Insert the resolution).

You are hereby notified to attend before said committee

at , In the city of Albany, on , the day

of , 18.., at o'clock ..M., there to give such

information, touching the subject of Inquiry, as may be iu
your possession.

And you are hereby further directed to bring with you
before said committee, , and such other docu-
ments in your custody as may be required in the investiga-
tion of the said subject.

By order of the committee.

Chairman.

The committee may authorize any citizen of suitable
age and discretion to serve the subpoenas, though that
duty is usually performed by the Sergeant- at -Arms or
his assistant. A list of the witnesses should be delivered
to the person so authorized, with an order directing him
to summon the witnesses and make due return thereof.
The following forms will suffice for this purpose:

To :

Sir. — In pursuance of a resolution of the Assembly, of
which the following is a copy (insert copy of resolution),
you will serve upon each of the persons, named in the no-
tices hereto attached, a copy of such notice, or leave the
same at his residence or usual place of business, with some
person of suitable age or discretion, and make duo retuiu
to me of what you shall do in the premises.

Py order of the Committee of Investigation.

,Mn»Mt»rMMt, CHalma^i

Digitized by Vjii




430



Clebk's Manual.



A copy of the subpoena, with the name of each person
inserted, should be attached to this order. The follow-
ing is a suitable form of return:

To the ., Chairman:

Sir. — In obedience to your order, hereto attached, I have
served upon the persons named in the notice to appear as
therein directed.

The times and mannep of serving such notices were as
follows:




Signed • • • •

Personally appeared before me this day of

19..., who, being duly sworn, deposes and says that

the foregoing is a true return.

,,,.......,

Chairman of Committee of Investigation.



Should the person notified refuse to appear and be
sworn, or should he refuse, after being sworn, to answer
any question put to him by the committee touching the
matter to be investigated, it is a contempt of the House
and should be so reported to the House by the com-
mittee.

The House may thereupon cause the arrest of the
offender, and after hearing his excuse adjudge such
punishment, by fine or imprisonment, or both, as it
shall deem proper.

Witnesses summoned in pursuance of a resolution
of the House are entitled to compensation for their

Digitized by VjOOQIC



MlSC£LLAK£0t7S. 4^1

services. This is paid by the Treasurer, on the war-
rant of the Comptroller. The accounts are audited
by the committee, and a certificate in the following form
is signed by the Chairman, upon the authority of which
the Comptroller draws his warrant:

STATE OF NEW YORK,

In Assembly, Albany, , 19...

Resolved (Insert resolution).

Ordered, That Messrs , and consti-
tute sucli committee.

By order,

Cleric.

At the Capitol in the City of Albany,
19..

I certify that, in pursuance of :he foregoing resolution,
was duly summoned to attend before the com-
mittee of the Assembly, appointed in accordance therewith,
and that he appeared and gave testimony in the matter
embraced in the resolution. I further certify that this wit-
ness resides at in county, distance

miles from the Capitol, and that the lawful allowance for
his services, expenses and attendance, as fixed by the com-
mittee (pursuant to section 62 of chapter 682 of the Laws
of 1892). is as follows:
.... miles travel, coming and returning, at . . cts.

per mile $

.... day's attendance, $ per day

Total $

, Chairman.



vGo



^^^t ^^^^sr*tjt^'



y Google



INDEX TO THE LEGISLATIVE LAW.



Sec. Page.

Adjournment, certain officers to remain after 13 401

Appointments, to be entered on journal 8 897

Appropriation bills, reference of 23 406

Arrest, exemption of members and officers from 2 392

Assembly, officers and employees of 7 395

Bill, evidence of when becomes a law 41 407

Bills, appropriating money, reference of 23 405

to be certified oy presiding officers 40 406

to be drafted by persons appointed by Speaker

and Temporary President 24 405

Books purchased by either house, limited 21 403

Bribery 4 393

Clerk's Manual, revised annually 15 401

Clerks of each house, duties of 15 401

to give undertaking 14 401

to account to Comptroller 17 402

to furnish supplies 16 402

Committees, legislative, attendance of witnesses before 60 416

Comptroller, approval of certain purchases by clerks. 16 402

clerks to account to 17 402

Concurrent resolutions, deposit with Secretary of State 42 407
Concurrent resolution, to be certified by presiding

officers 40 406

Contempts of either house 4 393

Contested elections 64 418

expenses of unsuccessful contestants 65 419

Debates to be taken by stenographers 19 403

Disorderly conduct 4 393

Documents and journals, distribution of 47 411

custody of legislative 22 404

extra copies, limited 21 403

Drafting of biUs 24 405

Expulsion of members 3 393

Extra sessions, compensation of officers and employees 11 400

False reports, publication of 4 393

Forms 429

Certificate of expenses of witness 431

Certificate of service of subpoena 430

Order of service of subpoena 429

Subpoena 429

Governor, certificate of, when bill becomes a law 41 407

4S3



yGoOgl



434 Clerk's Manual.

Sec Page.

Impeachment trials, compensation of officers 11 400

Journals and documents, distribution of 47 411

appointments to be entered on 8 397

Law, statement in session laws as to passage of 44 408

Laws, duty of Secretary of State 45 408

repealed 90 422

session to be publislied in volumes 45 408

time of taking effect 43 408

Legislative committees, attendance of witnesses before 60 416

expenses of , 63 418

sub-committees of 61 417

witness fees 62 417

documentSj custody of 22 404

expenses, limitation of 21 403

law, when to take effect 91 422

services 66 419

List of members and officers 15 401

Members and officers, exemption from arrest 2 392

list of 15 401

expulsion of 3 393

salary of, how paid 5 393

Officers and employees, compensation during extra

session 11 400

compensation of 10 397

of the Senate 6 394

certain, to attend opening of session 12 400

detail of, by Speaker 20 403

remaining after adjournment 13 401

Postmasters, duties of 18 403

Postofflce messengers, duties of 18 403

President of Senate, detail of officers for special duty by 20 403

to certify to passage of bills 40 406

to designate certain officers to attend opening

of session 12 400

to designate certain officers to remain after

adjournment 13 401

Publication of false reports 4 393

Salaries of members, payment of 6 393

of officers and employees 10 397

S(^hedule of laws repealed 422

Seats, contest for 64 418

Secretary of State, certificate of, when bill becomes a

law 41 407

deposit of laws with 42 407

duties of, relative to laws 42 407

Senate, officers and employees of 6 394

Session laws, distribution of. 46 410

publication of. by newspapers 48 412

slips of, distribution of 49 ' 416

statement in, as to passage of law 44 408



y Google



Legislative Law. 435

Session laws — CJontinued. Sec. Page

to be published in volumes 45 400

opening of, attendance of certain officers 12 Im

Speaker, detail of officers for special duty by on 2n^

to certify to passage of bills .. Jo Sa

to des.gnate certain officers to attend opening" of



session .



12 400



to designate certain officers to remain after ad-
journment 13 4Q1

to appoint certain persons to draft bills,* etc. *.'.'..* .' 24 406

Special committee, stenographers for 9 397

Speeches, copies to be furai^ed by stenographers 19 403

Stenographers, duties of 19 403

to special committees 9 397

Supplies furnished by clerks 16 402

Temporary President of Senate to appoint certain per-
sons to draft bills, etc 24 405

Title of act 1 391

Undertaking, clerks of each house to give 14 401



Online LibrarySherman Croswell New York (State). LegislatureThe Clerk's manual of rules, forms and laws for the regulation of business ... → online text (page 29 of 45)