20. No judicial officer, except justice of the peace, to receive 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. ARTICLE VIII. 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 materials; no extra compensation. 10. Canal improvement and cost thereof. ARTICLE VIII. § 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. Billholders 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. § 14. Maintenance and support of inmates of charitable in stitutions. 15. Commissioners continued in office. ARTICLE IX. $ 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. ARTICLE X. § 1. Sheriffs, 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. ARTICLE XI. § 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. ARTICLE XII. § 1. Organization of cities and villages. 2. Classification of cities; general and special city laws; special city laws; how passed by legislature and acceptance by cities. 3. Election of city officers, when to be held; extension and abridgment of terms. 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 received by a public officer; penalty. 6. Removal of district attorney for failure to prosecute; expenses of prosecutions for bribery. ARTICLE XIV. § 1. Amendments to constitution, how proposed, voted upon and ratified. 2. Future constitutional conventions; how called; election of delegates; compensation; quorum, submission of amendments; officers; rules; vacancies; taking effect. 3. Amendments of convention and legislature submitted coincidentally. 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. GENERAL PRINCIPLES OF CONSTITUTIONAL CON- A constitution is an instrument of government made and adopted by the people for practical purposes connected with the common business and wants of human life. (People v. N. Y. C. R. R. Co., 24 N. Y. 485; McKoan v. Deveries, 3 Barb. 196.) The meaning of the 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; 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 River 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. 316.) 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; affd., 107 N. Y. 42.) 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; Feople ex rel. v. Potter, id. 375; People ex rel. v. Angle, 109 id. 564.) The terms of a written constitution if plain, clear and unambiguous, conveying a distinct meaning, will not be ex tended by implication. (Settle v. Van Evrea, 49 N. Y. 280.) In giving construction to a constitutional provision the whole provision is to be considered, and the real intent should prevail over the strict letter, but that intent must be gathered from the language, unless this would lead to palpable injustice, contradiction or absurdity. (Adams v. East River Savings Inst., 136 N. Y. 52, aff'g 47 State Rep. 175.) Constitutions should be so construed as to give effect to every part thereof and leave each part some office to perform; 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. ex rel. v. Lorillard, 135 N. Y. 285; People ex rel. v. Pot(People ter, 47 id. 375.) Greater care and caution should be used in adding words to or striking them from the constitution than if the provisions 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 interpretation, and almost the force of a judicial 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. N. Y. 101.) (Clark v. State, 142 Statutes are presumed constitutional, and a court will only declare them void in a clear case. dard, 52 Barb. 533; People ex rel v. Durston, 119 N. Y. (Roosevelt v. God569 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. v. city of Rochester, 50 N. Y. 525.) |
