Sherman Croswell New York (State). Legislature.

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

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Sergeant-at-arms, to prevent smoking in assembly

chamber 53 89

under direction of Speaker, to enforce rules, order,

etc 3 71

when to remove member without bar of the house 35 86

Speaker, duty, when less than quorum vote 35 86

ex-officio member and chairman of committee on

rules 2

in case of disturbance, to clear gallery, etc 2

to announce introduction of bills 6

94 Clebk's Manual.

Speaker — Continued. Rule. Page

and refer them to committee 6 74

calling member to order 43 88

to appoint committees urless otherwise ordered. . 2 70

may appoint a substitute not more than two days 2 70

to decide who entitled to floor 2 70

to designate reporters 2 70

to order roll-call where unanimous consent asked

to advance bill 49 89

to take chair and call to order 1 70

to preserve order and deconun 2 70

to decide questions of order 2 70

appeal from decisions of 2 70

may assign reasons for decision 2 70

not required to vote except 2 70

Special orders, how made, rescinded or postponed 22 82

Stenographer, duties of 4 72

notes, to be filed with clerk 4 72

clerk to furnish with proper book 4 72


Vote, if house divided, including speaker's vote, ques-
tion lost 45 88

member not obliged to, unless within bar of house

when name caUed 32 85

request of members to be excused 51 89


Yeas and nays, ordered to ascertain if quorum present 34 86

when may be taken 35 86

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Adopted January 26, 1909.

Rule 1. It shall be in the power of either house to
amend any amendment made by the other to any bill
or resolution.

Rule 2. In every case of difference between the two
houses, upon any subject of legislation, either house
may request a conference and appoint a committee for
that purpose, and the other shall also appoint a com-
mittee to confer. The committee shall meet at such
hour and place as shall be appointed by the chairman
of the committee on the part of the house requesting
such conference. The committee shall report in writ-
ing, and shall be authorized to report such modifica-
tions or amendments as they think advisable. But no
committee on conference shall consider or report on
any matter except those directly at issue between the
two houses. The papers shall be left with the c^
ferees of the house assenting to such conferencoj
they shall present the report of the committee t^

96 Clerk's Manual. Rules 3-5.

house. When such house shall have acted thereon, it
shall transmit the same, and the papers relating
thereto, to the other, with a message certifying its ac-
tion thereon. Every report of a committee of con-
ference shall be read through, in each house, before a
vote is taken on the same.

Rule 3. It shall be in order for either house to re-
cede from any subject matter of difference existing be-
tween the two houses at any time previous to con-
ference, whether the papers on which such difference
arose are before the house receding, formally or in-
formally; and on such vote to recede the same number
shall be required to constitute a quorum to act thereon,
and to assent to such receding, as was required on the
original question out of which the difference arose.

Rule 4. In case of a failure of the conferees to
agree, a report of such agreement may be made and a
further conference may be had, either by the same or
new committees appointed for such purpose. After
each house shall have refused conference and shall have
adhered to their disagreement, the bill which is the
subject of difference shall be deemed lost, and shall not
be again revived during the same session in either

Rule 5. All joint committees of the two houses, and
all committees of conference, shall con-sist of three
Senators and five members of Assembly, unless other-
wise specially ordered by concurrent resolution, and in
voting, all questions shall be determined by the vote
of the committee of each house taken separately.

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Rule 6. Joint Rules, Senate and Assembly 97

Rule 6. Whenever there shall be an election of
officers by the joint action of the two houses, the re-
sult shall be certified by the president of the Senate
and speaker of the Assembly, and shall be reported by
the presiding officer of each house to their respective
houses, and be entered on the journals of each, and
shall be communicated to such official as the law may
require by the clerks of the two houses.

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Proposed by the Constitutional Conven-

tion, September 29, 1894, at Albany,

N. Y., and Adopted by the People

of the State, November 6, 1894.*

[In force on January 1, 1910.]

1. Persons not to be disfranchised.

2. Trial by jury.

3. Freedom of worship; religious liberty.

4. Habeas corpus.

5. Excessive bail and fines.

6. Bill of rights.

7. Compensation for taking private property ; private

roads ; drainage of agricultural lands.

8. Freedom of speech and press ; criminal prosecutions

for libel.

9. Right to assemble and petition ; divorces ; lotteries,

pool-selling and gambling, laws to prevent.

•Copyright by J. B. t.yon. ^,^^^^^^^^^^^

100 Clebk's Manual.

S 10. Escheats.

11. Feudal tenures abolished.

12. Allodial tenures.

13. Leases of agricultural lands.

14. Fines and quarter-sales abolished.

15. Purchase of lands from Indians.

16. Common law and acts of the colonial and state legis-


17. Grants of land made by the king of Great Britain

since 1775 ; prior grants.

18. Damages for injuries causing death.

i 1. Qualification of voters.

2. Persons excluded from right of suffrage.

3. Certain occupations and conditions not to affect resi-


4. Registration and election laws to be passed.

5. Manner of voting.

6. Registration and election boards to be non-partisan,

except at town and village elections.


I 1. Legislative powers.

2. Number and terms of senators and assemblymen.

3. Senate districts.

4. Enumerations and reapportionments.

5. Apportionment of assemblymen ; creation of assembly


6. Compensation of members.

7. Civil appointments of members void.

8. Persons disqualified from being members.

9. Time of elections.

10. Powers of each house.

11. Journals; open sessions; adjournments.

12. Members not to be questioned for speeches.

13. Bills may originate in either house.

14. Enacting clause of bills.

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Constitution. 101

§ 15. Manner of passing bills.

16. Private and local bills not to embrace more than one


17. Existing law made applicable to be Inserted.

18. Cases in which private and local bills shall not bf

passed ; restrictions as to laws authorizing street

19. Private claims not to be audited by .legislature.

20. Two-thirds bills.

21. Appropriation bills.

22. Restrictions as to provisions in the appropriation or

supply bills.

23. Certain Sections not to apply to commission bills.

24. Tax bills to state tax distinctly.

25. When ayes and nays necessary ; three-fifths to constl

tute quorum.

26. Boards of supervisors.

27. Local legislative powers.

28. Extra compensation prohibited.

29. Prison labor; contract system abolished.

§ 1. Executive power.

2. Qualifications of governor and lieutenant-governor.

3. Election of governor and lieutenant-governor.

4. Duties and powers of governor ; compensation.

5. Reprieves, commutations and pardons to be granted

by governor.

6. When lieutenant-governor to act as governor.

7. Qualifications and duties of lieutenant-governor ; suc-

cession to the governorship.

8. Salary of lieutenant-governor.

9. Bills to be presented to governor ; approval ; passage

of bills by legislature If not approved.

§ 1. State officers.

2. First election of state oflScers.

102 Clerk's Manual.

§ 3. Superintendent of public works ; appointment ; powers
and duties.

4. Superintendent of state prisons ; appointment ; powew

and duties.

5. Commissioners of tlie land office ; of tlie canal fund ;

canal board.

6. Powers and duties of boards.

7. State treasurer ; suspension by governor.

8. Certain offices abolished.

9. Civil service appointments and promotions.


§ 1. Supreme court ; how constituted ; judicial districts.

2. Judicial departments ; appellate division, how consti-

tuted ; governor to designate justices ; reporter ; time
and place of holding courts.

3. Judge or justice not to sit in review ; testimony in

equity cases.

4. Terms of office ; vacancies, how filled.

5. City courts abolished ; judges become justices of su-

preme court ; salaries ; jurisdiction vested In su-
preme court.

6. Circuit courts and courts of oyer and terminer


7. Court of appeals.

8. Vacancy in court of appeals, how filled.

9. Jurisdiction of court of appeals.

10. Judges not to hold any other office.

11. Removal of Judges.

12. Compensation ; age restriction ; assignment by gov-


13. Trial of Impeachments.

14. County courts.

15. Surrogates' courts ; surrogates, their powers and

jurisdiction ; vacancies.

16. Local Judicial officers.

17. Justices of the peace ; district court Justices.

18. Inferior local courts.

19. Clerks of courts.

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Constitution. 103

i 20. No judicial officer, except Justice of the peace, to re-
ceive fees ; not to act as attorney or counselor.

21. Publication of statutes.

22. Terms of office of present justices of the peace and

local judicial officers.

23. Courts of special sessions.


S 1. State credit not to be given.

2. State debts, power to contract.

3. State debts to repel invasions.

4. Limitations of legislative power to create debts.

5. Sinking fund, how kept and invested.

6. Claims barred by statute of limitations.

7. Forest preserve.

8. Canals, not to be sold ; not applicable to certain

canals ; disposition of funds.

9. No tolls to be imposed ; contracts for work and ma-

terials ; no extra compensation.
10. Canal improvement and cost thereof.


S 1. Corporations, formation of.

2. Dues of corporations.

3. Corporation, definition of term.

4. Savings bank charters ; restrictions upon trustees ;

special. charters not to be granted.

5. Specie payment.

6. Registry of bills or notes.

7. Liability of stockholders of banks.

8. Billholdqrs of insolvent bank, preferred creditors.

9. Credit or money of the state not to be given.

10. Counties, cities and towns not to give or loan money

or credit ; limitation of indebtedness.

11. State board of charities; state commission In lunacy;

state commission of prisons.

12. Boards appointed by governor.

13. Existing laws to remain In force.

104 Clerk's Manual.

§ 14. Maintenance and support of inmates of charitable in-
15. Commissioners continued in office.

§ 1. Common schools.

2. Regents of the university.

3. Common school, literature and the United States de-

posit funds.

4. No aid to denominational schools.

§ 1. SherlflPs, clerks of counties, district attorneys and
registers ; governor may remove.

2. Appointment or election of officers not provided for

by this constitution.

3. Duration of term.

4. Time of election.

5. Vacancies In office, how filled.

6. Political year.

7. Removal from office for misconduct, etc.

8. Office deemed vacant.

9. Compensation of officers.

§ 1. State militia.

2. Enlistment.

3. Organization of militia.

4. Appointment of military officers by the governor.

5. Manner of election of military officers prescribed by

the legislature.

6. Commissioned officers, their removal.


§ 1. Organization of cities and villages.

2. Classification of cities ; general and special city laws ;
special city laws ; how passed by legislature and ac-
ceptance by cities.

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Constitution. 105

S 3. Election of city officers, wlien to be held; extension
and abridgment of terms.


S 1. Oath of office.

2. Official bribery and corruption.

3. Offer or promise to bribe.

4. Person bribed or offering a bribe may be a witness.

5. Free passes, franking privileges, etc., not to be re-

ceived by a public officer ; penalty.

6. Removal of district attorney for failure to prosecute ;

expenses of prosecutions for bribery.


S 1. Amendments to constitution, how proposed, voted upon
and ratified.

2. Future constitutional conventions ; how called ; elec-

tion of delegates ; compensation ; quorum, submission
of amendments ; officers ; rules ; vacancies ; taking

3. Amendments of convention and legislature submitted


S 1. Time of taking effect.

Preamble. We, the people of the State of New York,
grateful to Almighty God for our freedom, in order
to secure its blessing, do establish this Constitution.

A constitution is an instrument of government made and
adopted by the people for practical purposes connected
the common business and wants of human life. (
N. Y. C. R. R. Co., 24 N. Y. 485; McKoan v. D
Barb. 196.)

106 Clebk*s Manual.

The meaning of the words In a constitutional provision
is to be reached in two ways : first, by ascertaining what
the f ramers desired to guard against by the provision ; and,
second, by ascertaining the meaning of the words when
applied to a statute by writers and courts. (People v.
Supervisors of Chautauqua, 43 N. Y. 10, 14.)

A constitution should be so construed as best to promote
the great objects for which it was made ; avoiding the two
extremes of a liberal or strict construction. (North Rivsr
Steamboat Co. v. Livingston, 3 Cow. 713, 750.)

In construing a constitutional provision, its history and
the conditions and circumstances attending its adoption
must be considered. (Sweet v. City of Syracuse, 129 N. Y.

The rule of statutory interference with vested rights has
but little, if any, application to the construction of the
constitution. (Matter of Lee & Co.'s Bank, 21 N. Y. 9.)

The same rules of construction which are applicable to
statutes govern in constitutional interpretation. (Matter of
New York District Railway, 42 Hun, 621 ; aflfd., 107 N. Y.

In construing the language of a constitution the courts
have nothing to do with the arguments ab inconvenienti.
(People V. Morrell, 21 Wend. 563; Newell v. People, 7 N. Y.
9, 109.)

A constitutional provision should not be so construed as
to work a public mischief, unless its language Is such that
no other course is open to the court. (People ex rel. v.
Lorillard, 135 N. Y. 285, citing Smith v. People, 47 id. 330 ;
People ex rel. v. Potter, id. 375 ; People ex rel. v. Angle,
109 id. 564.)

The terms of a written constitution If plain, clear and un-
ambiguous, conveying a distinct meaning, will not be ex
tended by implication. (Settle v. Van Evrea, 49 N. Y.

Jn giving construction to a constitutional provision the
wb'-le provision is to be considered, and the real intent
sho-ild prevail over the strict letter, but that intent must
b« gathered from the language, unless this would lead to

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Pre. Constitution. 107

palpable injustice, contradiction or absurdity. (Adams v.
East River Savings Inst, 136 N. Y. 52, aff'g 47 State Rep.

Constitutions should be so construed as to give effect
to every part thereof and leave each part some oflBce to per-
form ; to deprive any part of effect and meaning when it
is susceptible of a different interpretation is unauthorized.
(People ex rel. v. Angle, 109 N. Y. 564 ; Cooley's Const.
Lim., p. 72.)

In construing a constitutional provision the intent of the
enactment must prevail over the latter thereof. (People
ex rel. v. Lorlllard, 135 N. Y. 285; People ex rel. v. Pot-
ter. 47 id. 375.)

Greater care and caution should be used in adding words
to or striking them from the constitution than If the pro-
visions were contained in a statute. (People ex rel. v.
Wemple, 125 N. Y. 485.)

The constant and uniform construction of a constitutional
provision by every department of the state government will
have great, If not controlling weight, upon its interpreta-
tion, and almost the force of a judfcial exposition. (People
V. Home Ins. Co., 92 N. Y. 328, 337; People ex rel. v.
Williams, 55 Id. 367 ; People v. Supervisors of Orange, 17
id. 235.)

It must be assumed that the legislature and all other
public bodies intrusted with the functions of government
will use the power conferred by the constitution or the law
fairly and In the public interests. (Clark v. State, 142
N. Y. 101.)

Statutes are presumed constitutional, and a court will
only declare them void In a clear case. (Roosevelt v. God-
dard, 52 Barb. 533 ; People ex rel v. Durston, 119 N. Y.
569 ; Sweet v. City of Syracuse, 129 id. 316 ; People ex rel.
V. Rice, 135 Id. 484.)

A statute evading the terms, or the necessary Implied
purposes of a constitution Is as clearly void as If forbidden
in express terms. (People v. Albertson, 55 N. Y. 50.)

A statute cannot be declared unconstitutional or defective
where it may be completely executed. (People ex rel. y.
City Qt JtQcliester, 50 N, Y, 525.)

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108 Clebk's Manual.

The constitutionality of a statute Is to be tested not by
what has been done under it, but by what may by its au-
thority be done. (Stuart v. Palmer, 74 N. Y. 183; Matter
of South Marliet Street, 67 Hun, 594.)

Actual and material Injury must exist to warrant a court
in declaring a statute unconstitutional. (People v. Canal
Board, 55 N. Y. 390.)

The question of constitutionality should be determined by
the language and general scope of the statute, and not by
independent inquiries as to facts outside of the provisions of
the statute Itself. (Waterloo Woolen Mfg. Co. v. Shanahan,
128 N. Y. 345.) And If It cannot be made to appear by
argument deduced from the language of the law Itself or
from matters of which the court can take judicial notice
that the act Is unconstitutional, It must stand. (People ex
rel. V. Durston, 119 N. Y. 569.)

A court should not pass upon the constitutionality of a
statute unless necessary to a decision in a cause. (Frees
V. Ford, 6 N. Y. 176 ; People v. Crissey, 91 Id. G16 ; People v.
Brooklyn, 89 Id. 75.)

Nor should a court declare a statute unconstitutional un-
1»»8S required by the most cogent reasons, or compelled by
unanswerable grounds. (People v. Budd, 117 N. Y. 13.)

The language of the statute must comply with the con-
st itutlon In substance and form. (People v. Allen, 42 N. Y.

The general rule Is that where a part of a statute Is In
conflict with the constitution, and that part Is entirely
separable from the residue, so that the other portion of It
can be enforced without any reference to the former, the
unconstitutional part only will be condemned. (Wynehamer
V. People, 13 N. Y. 378, 441 ; Matter of De Vaucne, 31
How. Pr. 289.)

Before a statute can be declared unconstitutional. It must
be shown to be In direct conflict with the constitution.
(Morris v. People, 3 Denio, 331 ; Grant v. Courter, 24 Barb.

The courts should not imply a conflict between a statute
and the constitution. (Cochran v. Van Surlay, 20 Wendt
J83; Newell v. People, 7 N, Y, 100,)

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Pre. CoNSTiTXJTioN. 109

When a statute and the constitution can be so construed
as to enable both to stand. It Is the duty of the court to
give them that construction. (Sweet v. City of Syracuse,
129 N. Y. 316 ; People ex rel. v. Terry, 108 Id. 1.)

Every presumption is in favor of the constitutionality of
a statute. (Fort v. Cummlngs, 90 Hun, 481.) (1895.)

A statute must be viewed with reference to what could
be done under it, and not what actually was done. (Coze
v. State, 144 N. Y. 396.) (1895.)

The constitutionality of an act Is not to be determined by
what has been done under It In any particular instance,
but what may be done under it by virtue of its authority.
(Colon y. Lisk, 153 N. Y. 188.) (1897.)

Where a portion of a statute may be carried Into effect
without the aid of the remainder, it may be upheld, al-
though the remainder Is unconstitutional. (Matter of
Oneida Street, 37 App. Div. 266.) (1899.)

The rule of construction that a law is not retroactive,
unless clearly expressed or intended by the enacting power,
applies to constitutional provisions. (O'Reilly v. Utah,
Nevada, etc.. Stage Co., 87 Hun, 406.) (1895.)

The proceedings of the convention in which the constitu-
tion was framed may be examined In considering the pur-
pose of a given article or section. (Goedel v. Palmer, 15
App. Div. 86.) (1897.)

Where In a new constitution, an article relating to the
same subject-matter embraced In a provision of the former
constitution which has received Judicial construction. Is
phrased in different language or qualified. It is presumed
that the effect of the construction placed upon the former
provision Is intended to be avoided. (Matter of Smith, 90
Hun, 568.) (1895.)

A statute will be construed to be prospective unless the
intention of the legislature to give It a retroactive effect
is expressed In language clear and expressed so that no
reasonable doubt exists In respect thereto. (Persons v.
Gardner, 42 App. Div. 490.) (1899.)

A special and local statute providing for a particular case
or class of cases Is not repealed by a subsequent statute
general In its terms, provisions and obligation, unless by the
language used the Intent to repeal or alter Is raanlfest,

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110 Clebk's Manual.

although the terms of the general act are broad enough to
include the cases embraced In the special law and otdl-
narily an express repeal by some intelligible reference to
the special act is necessary to accomplish that end. (Peo-
ple V. Keller, 35^ A pp. Dlv. 493.) (1898.)

The provision coutirming contracts made by the board of
improvement if unconsMtutlonal is so Independent as not
to render void the provision allowing the extending of the
original contract. (Parfltt v. Ferguson, 159 N. Y. 111.)

A statute which Is unconstitutional so far as it purports
to operate retrospectively may be upheld as to future cases.
(Purdy V. Erie R. R. Co., 162 N. Y. 42.) (1900.)

Public grants are to be construed strictly so as to pre-
vent rights from being taken except those which the
words of the grant by their ordinary construction convey.
(Skaneateles W. W. Co. v. Skaneateles, 161 N. Y. 154.)

Actual and material injury must exist to warrant a court
in declaring a statute unconstitutional. A court should
not pass upon such constitutionality unless necessary to a
decision In the cause nor unless required by the most cogent
reasons or compelled Dy unanswerable grounds. (Matter
of Fuller, 62 App. Dlv. 428.) (1901.)

Every presumption Is In favor of the constitutionality of
a statute and when it and the constitution can be con-
strued so as to enable it to stand it is the duty of the
court to give that construction. Where the unconstitutional
part of a statute can be separated from the residue so that
the latter may be enforced without reference to the former
the part in conflict with - constitution will alone be
declared void. (Matter of Fuller, 62 App. Dlv. 428.) (1901.)

The court of appeals will not consider the constitution-
ality of an act imposing a penalty when the question was
not raised at the time of the trial as it must be deemed
to have been waived. (Dodge v. Cornelius, 168 N. Y. 242.)

The constitutional validity of a law Is to be tested not
by what has been done under it but what It authorizes to
be done. (Wllllamg y, YlUftge 9t Port Cli^ster, 72 App.
Plv. 505.) (X902.)

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Art. 1, § h .Constitution. Ill

The meaning of words In a constitutional provision is to
be reached in two ways: First, by ascertaining what the
framers desired to guard against by the provision; second,
by ascertaining the meaning of the words when applied to
a statute by writers and courts. (McGrath v. Grout, (19
App. Div. 316.) (1902.)

Every presumption is in favor of the constitutionality of
a statute and if the statute and the act can be reasonably
construed so as to enable the latter to stand, it is the duty
of the courts to give that construction; still it is roue the
less their duty to adjudge the statute void if it is in plain
conflict with the real intent of the fundamental law, when

Online LibrarySherman Croswell New York (State). LegislatureThe Clerk's manual of rules, forms and laws for the regulation of business ... → online text (page 6 of 45)