SEC. 6. COMPENSATION OF MEMBERS, 355.

SEC. 7. MEMBERS NOT TO RECEIVE CERTAIN CIVIL appointments, 356-360.

Origin of provision, 356.—Amended in 1846 and 1874, 357.-Appli-

cation of provision, practical construction in 1823, 359.

sec. 8. certain OFFICERS DISQUalified as meMBERS, 360, 361.

Scope of section, 361.

SEC. 9. TIME OF ELECTIONS, 361-363.

Historical sketch, 361.-Convention of 1821, 362.-General election

day, 363.

SEC. IO. QUORUM, SPECIAL POWERS OF EACH HOUSE, 363, 364.*

Scope of section, 363.

SEC. II. JOURNALS; PUBLIC SESSIONS; Adjournments, 364, 365.

Colonial assembly, independent power of adjournment, 365.

SEC. 12. PRIVILEGES OF MEMBERS 365, 366.

Freedom of debate, 365.

SEC. 13. BILLS MAY ORIGINATE IN EITHER HOUSE, 366–368.

Henry Wheaton's statement of colonial policy, 1821, 366.—Colonial

assembly asserted exclusive control of money bills; history of

colonial controversy, 367.

SEC. 14. ENACTING CLAUSE, 368-375-

Historical sketch, 369.

SEC. 15. MAnner of passSING BILLS, 375-377.

History and application of section, 375.

SEC. 16. PRIVATE AND LOCAL BILLS LIMITED TO ONE SUBJECT, 377-410.

Origin of section, 377.—Application of section; what is a private or

local bill? 380.-Statutes held valid, 383-402-Statutes held in-

valid, 402-410.

SEC. 17. EXIsting laws NOT APPLICABLE BY REFERENCE, 410-415.

Origin and application of section, 410-415.

SEC. 18. PRIVATE AND LOCAL BILLS LIMITED; STREET RAILROADS, 415-434-

Historical sketch, 417.—Changing names of persons; highways, 418

-Drainage; locating or changing county seats, 420.—Providing

for changes of venue in civil or criminal cases; incorporating vil-

lages; election of members of boards of supervisors, 421.-Jurors;

interest; elections; changing official fees, 423.—Railroad tracks,

425.-Franchises, 427.-Exemption from taxation; bridges; street

railroads, 430.

SEC. 19. PRIVATE CLAIMS NOT TO BE AUDITED BY LEGIslature, 434, 435-

Construction of section, 434-

SEC. 20. TWO-THIRDS BILLS, 435-439-

Origin and application of section, 435-439.

SEC. 21. APPROPRIATION BILLS, 439, 440.

Judicial construction, 439.

SEC. 22. APPROPRIATION BILLS NOT TO EMBRACE OTHER SUBJECTS, 440.

SEC. 23. COMMISSION BILLS EXCEPTED FROM CERTAIN SECTIONS, 440, 441.

Object of section, 441.

SEC. 24. TAX LAW TO STATE AMOUNT AND OBJECT OF TAX, 441-444.

Construction, 441-444-

SEC. 25. THREE-FIFTHS BILLS, 444

Application of section, 444-

SEC. 26. BOARDS OF SUPERVISORS, 445-447.

Origin and application of section, 445-447.-Amended, 1899, 447.

SEC. 27. POWERS OF BOARDS OF SUPERVISORS, 447-451.

History and construction of section, 448-451.

SEC. 28. EXTRA COMPENSATION PROHIBITED, 451-453-

Judicial construction, 452.

SEC. 29. PRISON LABOR REGULATED, 453, 454-

ARTICLE IV. THE EXECUTIVE, 454-507.

SEC. 1. GOVERNOR AND LIEUTENANT GOVERNOR; TERM OF OFFICE, 454-463-

Governor, 454-461.

History of office, 454-Governor Hoffman's suggestion, 1872, 456.—

Governor's official term; character of office, 458.-Dutch governors,

459.-Organization of state government, 460.

Lieutenant Governor, 461-463.

Historical sketch, 461-463.—Colonial origin; when he became acting

governor, 461.-Constitution continued colonial policy; Lieutenant

Governor Colden's long official service, 462.

SEC. 2. QUALIFICATIONS

OF GOVERNOR AND LIEUTENANT GOVERNOR,
463, 464

Governors under first Constitution, 463.-Property qualifications not

required, 464.

SEC. 3. ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR, 464, 465.

Regulated by legislature under first Constitution; time established by

second Constitution, 465.

SEC. 4. GOVERNOR'S GENERAL POWERS; COMPENSATION, 465-472.

Military authority, 466.-Extraordinary sessions of the legislature,

467.-Messages and recommendations to legislature, 469.-Trans-

action of public business; expedite public measures, 470.—“Take

care that the laws are faithfully executed;" compensation, 471.

SEC. 5. PARDONS, REPRIEVES, and commUTATIONS, 472-477.

General note; conditions, 473.—Judgment, how affected; parole,

474.-Procedure; reprieve; suspension of sentence, 475.-Extradi-

tion, 476.

SEC. 6, WHEN LIEUTENANT GOVERNOR TO ACT AS GOVERNOR, 477-481.

Gubernatorial succession, historical note, 477.-Governor's temporary

absence, lieutenant governor's authority, 479.

SEC. 7. LIEUTENANT GOVERNOR TO BE PRESIDENT OF SENATE; guber-

NATORIAL SUCCESSION, 481-491.

Casting vote, 482.-Temporary president, 483.-When speaker acts

as governor, 491.

SEC. 8. LIEUTENANT GOVERNOR'S COMPENSATION, 491-493.

Colonial lieutenant governor received no compensation; early statu-

tory fees, 492.-Salary established, 1874, 493.

SEC. 9. GOVERNOR'S LEGISLATIVE POWERS, 493-507.

Governor's relation to legislative system, 494.-Veto power, 495.—

Presenting bills to governor, 497.-Governor's consideration of

bills, 498.-Recall of bills, 499.-Governor's action on bills; pro-

cedure by Council of Revision, 501.—Indirect veto, 502.-Effect

of adjournment of legislature, 503.-When governor may with-

draw approval of bill, 504.-Vetoing separate items in appropria-

tion bills; thirty day period, 505.-Disposition of bill after ap-

proval, 507.

ARTICLE V. STATE OFFICERS; CIVIL SERVICE, 507-523.

SEC. 1. STATE OFFICERS, ELECTION AND COMPENSATION, 507, 508.

SEC. 2. FIRST ELECTION UNDER THIS CONSTITUTION, 508, 509.

Origin of section, 509.

SEC. 3. SUPERINTENDENT OF PUBLIC WORKS, 509-512.

Judicial construction, 511.

SEC. 4. SUPERINTENDENT OF STATE PRISONS, 512.

Application of section, 512.

SEC. 5. COMMISSIONERS OF LAND OFFICE AND CANAL FUND; CANAL

BOARD, 513.

SEC. 6. POWERS AND DUTIES OF BOARDS, 513.

SEC. 7. SUSPENSION OF TREASURER, 514.

SEC. 8. CERTAIN OFFICES ABOLISHED, 514, 515.

SEC. 9. CIVIL SERVICE, 515-523.

In general, 515.—Confidential position, 518.-Local subdivisions;

practicability of examination, 519.-Veterans, 521-523.

ARTICLE VI. JUDICIARY, 523-633.

SEC. 1. SUPREME COURT; HOW CONSTITUTED; JUDICIAL DISTRICTS, 523-

534.

Amendment submitted in 1905, 524.-General note, 525.-Adminis-

trative functions; admiralty, 527.-Anti-monopoly act; charitable

uses, 528.-Consuls; equity; foreign corporations, 529.-Foreign

judgment; foreign real property; forts and arsenals; inferior

courts, 530.-Judicial districts; jurisdiction, how limited, 531.-

Militia; pardons; patents, 532.-Place of trial; preferences in civil

actions, 533.-Public officers; removal to Federal court; salvage

cases; trusts, 534.

SEC. 2. APPELLATE DIVISION, 534-539.

Amendment submitted in 1905, 536.—Appellate division succeeds for-

mer general term, 537.-Other powers of justices; presiding jus-

tice; quorum, 538.-Terms and assignments, 539.

SEC. 3. JUDGE NOT TO SIT IN REVIEW OF HIS OWN DECISION; PROCEED-

INGS IN LAW AND EQUITY, 539-542.

Origin and scope of section, 539.

SEC. 4. VACANCIES IN SUPREME COURT, 542, 543-

Notes of cases, 542.

SEC. 5. CERTAIN LOCAL COURTS ABOLISHED, 543, 544-

SEC. 6. CIRCUIT COURTS AND COURTS OF OYEr and terminER ABOLISHED,

544, 545.

SEC. 7. COURT of appeals, 545, 546.

Disqualification of judge, 546.

SEC. 8. VACANCIES IN COURT OF appeals, 546, 547.

SEC. 9. JURISDICTION OF COURT OF APPEALS, 547-550.

Application of section, 548-550.

SEC. 10. JUDGES NOT TO HOLD ANY OTHER OFFICE, 550-554-

Construction of section, 551-554-

SEC. 11. REMOVAL OF JUDGES, 554-589.

Legislature's Power of Removal, 554-577.

Origin of section, 554—Convention of 1821, 556-561.-Scope of pro-

vision; removal of DeWitt Clinton, 562.—Amendment of 1845,

563.-Convention of 1846, 563-565.-Convention of 1867, 565.—

Convention of 1894, 566.-Summary, 567.-Hooker Case, 568-577.

Senate's Power of Removal, 577-589.

Section in two parts, 577.-Smith Case, 579.-Prindle Case, 583.-

McCunn Case, 585.-Curtis Case, 586.-Ellis Case; Smyth Case,

587.-Governor's recommendation, 588-Review of legislative ac-

tion, 589.

SEC. 12. COMPensation; age LIMIT, 590-598.

Compensation, 590-598.

Court of appeals; supreme court, 591.-Appellate division, 592.—

First judicial district, 595.-Second judicial district, 597.