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be found in the notes to the articles so amended. My historical record, so far as the Constitution is concerned, closes with the legislative session which ended May 5, 1905; I am, therefore, unable to state the result of the submission of these amendments. Assuming that they may be approved, they are given in full. If approved, or if not approved, this volume will contain the Constitution as in force on the last day of December, 1906, and until other amendments are adopted. After the result of the election is known, the reader may make the book com

as to the form of the Constitution, by noting the approval or rejection of each amendment on the margin thereof.

CONTENTS.

ARTICLE I. BILL OF RIGHTS, 29-179.

SEC. I. RIGHTS OF CITIZENS, 29-38.

History of section; members of the state, 30.

Rights of Citizens, 30-37.

Accused, rights of, 30.--Appeal; corporations; court-martial;

crimes; education, 31.–Fire department; master and servant;

minors, 32.—Offices, 33.— Parties, rights of; property, 34.—Public

health, 35.—Race discrimination; suffrage; vaccination; vocation,

36.

Law of the Land, 37, 38.

SEC. 2. TRIAL BY JURY, 38-53.

Historical sketch, 38.—Trial by jury in colony, 39.—Application of

constitutional provision, 41.-Apprentice; assault and battery;

challenge, 42.-Contempt; corporations; counterclaim, 43.-Court-

martial; court cannot withdraw case from jury; damages; de-

cedents' estates; disorderly persons, 44.—Divorce; eminent do-

main; equity; equity actions, 45.-Evidence; excise, 46.— Ex parte

proceeding; habitual criminals; impartial jury; Indian lands, 47.—

Intoxication; justices' courts; liens, 48.—Misdemeanors, 49.—New

offense; New York charter; nuisance; penalties, 50.--Pleading;

procedure; public health; recognizance; referee, 51.--Special pro-

ceedings; special sessions, 52.-Summary proceedings; Sunday

law; venue; village ordinance; waiver, 53.

vs

SEC. 3. RELIGIOUS TOLERATION, 54-65.

Historical sketch, 54.-Judicial construction, 55.-Convention of 1821,

56.—Competency of witnesses, 58.—Convention of 1846 amends

section, 60.-Sunday laws, 61.—Christianity the acknowledged re-

ligion of the people, 62.—Belief in divine healing no excuse for

neglect of parental duty, 64.

SEC. 4. WHEN WRIT OF HABEAS CORPUS NOT TO BE SUSPENDED, 65.

SEC. 6. RIGHTS OF ACCUSED IN CRIMINAL CASES; TAKING PRIVATE PROP-

ERTY FOR PUBLIC USE, 68-135.

Grand Jury, 69, 70.

Historical sketch; Charter of Liberties, 1683. grand inquest; Fifth

Amendment to Federal Constitution, 69.-Second state Constitu-

tion, 70

Indictment, 70-72.

Right to Counsel, 72-74.

Twice in Jeopardy, 74-78.

Competent court; concurrent jurisdiction of Federal courts; cor-

recting judgment, 74-Discharge of jury, 75.—New trial, 76.—

Revoking commutation; solitary confinement; trial necessary, 77.-

Variance, 78.

Witness against Himself, 78-83.

Silence no presumption, 81.-Waiver, 82.

Due Process of Law, 83-112.

Origin of term; historical sketch, 83.–Fifth Amendment to Fed-

eral Constitution, 85.

Liberty, 85, 86.

What Is Due Process? 86-90

Due Process Classified, 30.

1. Is Due Process, 91-100.

Animals; barber law; bottling acts; Brooklyn, 91.-Contempt ;

crimes, 92.-Drainage; elevators; excise, 93.–Forest preserve;

gambling; game, 84-Indemnitors; insane persons; insurance

companies; jurors, 95.-Letters; license; liens; mileage books;

milk ordinances; monopolies; New York city, 96.-Niagara Res-

ervation, 97.-Nuisances; recognizance; summons, substituted

service; taxes, 98.—Trusts, 99.–Vinegar act; White Plains, 100.

2. Not Due Process, 100-112.

Animals; appeal, 100.—Cause of action; commitment; compulsory

arbitration; contempt, 101.-Corporations, 102.—Decedents'es-

tates; drainage; evidence; excise, 103.–Fire limits; foreclosure;

franchise, 104.-Indemnitors; inebriate asylum; labor law, 105.-

Married women; metropolitan police district; mileage books ;

monuments; New York city, 106.--Notice of assessment, 107.-

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