THE CONSTITUTIONAL HISTORY OF NEW YORK FROM THE BEGINNING OF THE COLONIAL PERIOD TO THE BY CHARLES Z. LINCOLN MEMBER OF THE NEW YORK CONSTITUTIONAL CONVENTION OF 1894, AND FOR Sıx IN FIVE VOLUMES VOL. III. THE LAWYERS CO-OPERATIVE PUBLISHING COMPANY ROCHESTER N. Y. 1906 Entered according to Act of Congress, in the Year nineteen hundred six, by CHARLES Z. LINCOLN, In the Office of the Librarian of Congress, at Washington, D. C. 1. R. ANDREWS PRINTING CO., Rochester, N. Y. PREFACE. Nearly all of this volume is devoted to a history of the fourth Constitution, but that history necessarily includes the consideration of many provisions which had their origin during earlier constitutional periods, some reaching back to the foundation of the colony. Some of the provisions which were included in this Constitution are of great importance; they had long received consideration by the legislature, and had become distinct and apparently permanent features of our public policy. According to the general plan of the book, the historical development of these subjects belongs in the history of the Constitution in which they are included for the first time. The last chapter includes a brief summary of suggestions and amendments proposed or adopted since the Constitution of 1894 went into operation. The third volume closes the general study of our constitutional history, at least by periods, but the reader will find several important topics considered in the fourth volume, in connection with the judicial interpretation of the Constitution. iii 266476 CONTENTS. CHAPTER XII. The Fourth Constitution, 1894. INTRODUCTION, 3-30. Causes of delay in calling Convention; sketch of controversy between legislature and Governor, 3.-Governor Hill's plan for a convention, 1887, 4-Various bills introduced, 6.-Convention bill of 1887; Governor Hill's veto, 7.-Assembly committee's reply, 10.Political possibilities, 13.-Governor Hill vetoes enumeration bill, 1885; second bill passed and also vetoed, 1885, 16.-What should be the basis of convention representation? Governor Hill proposes election by congressional districts, 18.-Differences between Governor and legislature irreconcilable, 20.—The McClelland bill, 1891, 21.-Democrats control all departments of the government, 1892, 22.-Enumeration act of 1892; convention act of 1892; amended convention act of 1893, 23.-Convention chosen, 1893; list of delegates, 25.-Convention organized May 8, 1894; President Choate's remarks on the work and duty of the Convention, 29.— Summary of changes proposed, 30. ARTICLE I. BILL OF RIGHTS, 30-74. Drainage of agricultural lands, 31.-Parker amendment reported, 32. -Anti-gambling amendment; historical sketch of lotteries, 33.Act of 1721, money prizes not included; Acts of 1747, 1772, and 1774, 34-Public lotteries encouraged for various purposes, 35.State continued colonial policy, 36.-Private lotteries prohibited, 1783, 1819; annual license fees for lotteries, 37.-State lottery office; observations on state's contradictory attitude as between public and private lotteries, 38.-Relief from direct taxation, 40.— Scope of lottery enterprises, 41.-Washington lottery act, 1812; Congress could not force sale of tickets in prohibiting state, 42.— Convention of 1821, debate on lottery amendment, 43.—Anti-lotV |