ARTICLE II - Continued.

has not made any promise to influence the giving or withholding of any such vote, nor made or become directly or indirectly interested in any bet or wager depending upon the result of such election. The Legislature, at the session thereof next after the adoption of this section, shall, and from time thereafter may, enact laws excluding from the right of suffrage all persons convicted of bribery or of any infamous crime.

Certain employments not to effect residence of voters.

SEC. 3. For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or absence, while employed in the service of the United States; nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any alms-house, or other asylum, at public expense; nor while confined in any public prison.

Soldiers' Home at Bath is an "asylum." Silvey v. Lindsay, 107

N. Y. 55.

Laws to be passed.

SEC. 4. Laws shall be made for ascertaining by proper proofs the citizens who shall be entitled to the right of suffrage hereby established.

Election to be by ballot.

SEC. 5. All elections by the citizens shall be by ballot, except for such town officers as may by law be directed to be otherwise chosen.

Legislative powers.

ARTICLE III.

SECTION 1. The legislative power of this State shall be vested in the Senate and Assembly.

Each of the departments of government-legislative, judicial and executive, is restricted to the exercise of its own legitimate functions,

ARTICLE III -- Continued

and unless a legal and constitutional warrant can be found no one of the three should be permitted to invade the domain of the other. People ex rel. Sabold v. Webb, 23 State Rep, 325.

Legislative power is absolute and unlimited, except as restrained by the Constitution. Bank of Chenango v. Brown, 26 N. Y. 467; People v. Flagg, 46 id. 401.

Not only is the power, but the responsibility of legislation is imposed on the Legislature; they cannot submit any bill to the popular vote, except one providing for the contracting of a debt. Barlo v. Himrod, 8 N. Y. 483.

But they may delegate powers to pass ordinances to municipal corporations. Tanner v. Trustees of Albion, 5 Hill, 121

They may pass bills to take effect on the happening of a future event; Corning v. Green, 23 Barb. 33, or granting power to be exercised upon conditions; Bank of Rome v. Village of Rome, 18 N. Y. 38; or through a prescribed medium; Bloodgood v. Mohawk & Hudson R. R. Co., 18 Wend. 9; or submit to a vote of a municipality the expediency of borrowing money to build a railroad; Clarke v. Rochester, 28 N. Y. 605; but cannot compel a municipality without its consent to become a stockholder in a railroad. People v. Batchellor, 53 id. 128.

The Legislature has no judicial authority, and cannot bind the courts by a declaratory law; People v. Supervisors of New York, 16 N. Y. 424; nor declare in advance the intent of subsequent legislation, or its effect upon existing statutes. Mongeon v. People, 55 id 613.

The Legislature may erect a new county, and its discretion cannot be reviewed by the courts; Rumsey v. People, 19 N. Y. 41; but it must provide for its taking its place as an entirety at once without the aid of further legislation. Lansing v. Carpenter, 20 id. 447.

The Legislature is exclusive judge of the necessity of creating a corporation. U. S. Trust Co. v. Brady, 20 Barb. 119; People v. Bowen, 21 N. Y. 517.

The Legislature may create inferior local courts; Sill v. Village of Corning, 15 N. Y. 297; Hayner v. James, 17 id. 816; and vest the power of choosing police officers of a municipality in a board. People ex rel. Wood v. Draper, 15 id. 532.

They may provide for the collection of demands against vessels navigating the interior waters of the State. King v. Greenway, 71 N. Y. 413. They may authorize actions in the name of the people to recover moneys unlawfully obtained from a municipal corporation. People v. Tweed, 63 N. Y. 202.

They may ratify and validate a contract made by a municipal corporation ultra vires. Brown v. Mayor, id. 239.

They may confirm an irregular election and ratify the title of a citizen to office. People v. Flanagan, 66 N. Y. 237.

They cannot tax National banks. People v. Commissioners, 67 N. Y. 516.

They may levy a tax for the benefit of an individual. Town of Guilford v. Board of Supervisors, 13 N. Y. 485.

They cannot impose duties upon imports. People v. Maring, 3 Keyes, 374.

They may direct enforcement of a judgment by imprisonment. People ex rel. Underwood v. Daniell, 50 N. Y. 274.

They cannot legislate for surrender of fugitives from foreign justice. People ex rel. Barlow v. Curtis, 50 N. Y. 321.

They cannot tax an adjoining town for debt previously contracted by a city. Matter of Flatbush, 60 N. Y. 398.

ARTICLE III-Continued.

They may anthorize the sale of lands of infants, even fature contingent interests of those not in being, but not those of adults competent to act for themselves, except for taxes or assessments. Brevoort v. Grace, 53 N. Y. 245.

They may tax capital employed in exporting cotton. People ex rel. v. Board of Com'rs, 10 Hun. 255.

They cannot make valid by subsequent legislation a contract void by statute. N. Y. & Oswego Midland R. R. Co. v. Van Horne, 57 N.Y. 473. But they may validate a contract not intrinsically invalid. Town of Duanesburgh v. Jenkins, 57 N. Y. 177.

They may pass a local option law. Village of Gloversville v. Howell, 70 N. Y. 287.

They may pass an act to take effect upon the happening of a futur. event. People v. Fire Assn. of Philadelphia, 92 N. Y. 311.

They may modify their own grants. People v. French, 10 Abb.

N. C 418.

They cannot declare effect of subsequent legislation; Mongeon v. People, 53 N. Y. 613; nor forestall legislation; People v. Long I. R. Co., 9 Abb. N. C. 181.

They cannot validate railway aid bonds void for want of consent. Horton v. Town of Thompson, 71 N. Y. 513.

They may take away defenses founded on mere informalities. Tifft v. City of Buffalo, 82 N. Y. 204.

They may enact a statute of limitations as to existing causes of action for tort. Dubois v. City of Kingston, 20 Hun, 500.

They may enact that certain evidence shall be prima facie proof. Howard v. Moot, 64 N. Y. 262.

They may modify the right of appeal. Butterfield v. Rudde, 58 N. Y. 489.

They may take away or give a particular form of remedy. People v. Supervisors, 70 N. Y. 228.

They may provide that no action shall be brought against a city until the expiration of forty days from the presentation of the claim to the common council. Reining v. City of Buffalo, 102 N. Y. 303.

Senate and Assembly, number of members.

SEC. 2. The Senate shall consist of thirty-two members, and the Senators shall be chosen for two years. The Assembly shall consist of one hundred and twenty-eight members, who shall be annually elected.

Senate districts.

SEC. 3. The State shall be divided into thirty-two districts, to be called Senate districts, each of which shall choose one Senator. The districts shall be numbered from one to thirty-two inclusive.*

* For existing Senate districts, see chapter 397, Laws of 1892.

ARTICLE III Continued.

District number One (1) shall consist of the counties of Suffolk, Richmond and Queens.

District number Two (2) shall consist of the county of Kings

Districts number Three (3), number Four (4), number Five (5), and number Six (6) shall consist of the city and county of New York. And the board of supervisors of : aid city and county shall, on or before the first day of May, one thousand eight hundred and forty-seven, divide the aid city and county into the number of Senate districts, to which it is entitled, as near as may be of an equal number of inhabitants, excluding aliens and persons of color not taxed, and consisting of convenient and contiguous territory; and no Assembly district shall be divided in the formation of a Senate district. The board of supervisors, when they shall have completed such division, shall cause certificates thereof, stating the number and boundaries of each district and the population thereof, to be filed in the office of the Secretary of State, and of the clerk of said city and county,

District number Seven (7) shall consist of the counties of Westchester, Putnam and Rockland.

District number Eight (8) shall consist of the counties of Dutchess and Columbia.

District number Nine (9) shall consist of the counties of Orange and Sullivan.

District number Ten (10) shall consist of the counties of Ulster and Greene.

District number Eleven (11) shall consist of the counties of Albany and Schenectady.

District number Twelve (12) shall consist of the county of Rensselaer.

District number Thirteen (13) shall consist of the counties of Washington and Saratoga.

ARTICLE III- Continued.

District number Fourteen (14) shall consist of the counties of Warren, Essex and Clinton.

District number Fifteen (15) shall consist of the counties of St. Lawrence and Franklin.

District number Sixteen (16) shall consist of the counties of Herkimer, Hamilton, Fulton and Montgomery.

District number Seventeen (17) shall consist of the counties of Schoharie and Delaware.

District number Eighteen (18) shall consist of the counties of Otsego and Chenango.

District number Nineteen (19) shall consist of the county of Oneida.

District number Twenty (20) shall consist of the counties of Madison and Oswego.

District number Twenty-one (21) shall consist of the counties of Jefferson and Lewis.

District number Twenty-two (22) shall consist of the county of Onondaga.

District number Twenty three (23) shall consist of the counties of Cortland, Broome and Tioga.

District number Twenty-four (24) shall consist of the counties of Cayuga and Wayne.

District number Twenty-five (25) shall consist of the counties of Tompkins, Seneca and Yates.

District number Twenty-six (26) shall consist of the counties of Steuben and Chemung.

District number Twenty-seven (27) shall consist of the county of Monroe.

District number Twenty-eight (28) shall consist of the counties of Orleans, Genesee and Niagara.

District number Twenty-nine (29) shall consist of the counties of Ontario and Livingston.