VII.—STATE.
Q. Upon what is the state government based?
A. Upon a constitution adopted by the people.
Q. How many departments are provided for by the constitution?
A, Three; the Legislative, Executive, and Judicial.
Q. What are the divisions of the Legislative department?
A. The Assembly and the Senate.
Q. What is the number of members in each body, and their term of office?
A. One hundred and twenty-eight members of the Assembly, elected for one year. Thirty-two senators elected for two years. Art. Ill., Const.
Q When, and how is the number of members of the Assembly apportioned among the several counties?
A. Once in ten years by the Legislature immediately after taking the state census, and as nearly as can be, according to population, excluding aliens, but giving to every county except Hamilton at least one member.
Q. When and how is the number of members of the Senate apportioned in the State?
A. At the same time, by the Legislature; and as nearly as possible according to population. A Senatorial district sometimes embraces a portion of a county, sometimes a whole county; at other times two or more counties; but no county can be divided, unless it can be equitably entitled to two or more members.
The following apportionment was made in 1879:
SENATE DISTRICTS.
I. Queens and Suffolk.
II. The First, Second, Fifth, Sixth, Eighth, Ninth, Tenth,
Twelfth, and Twenty-second wards of Brooklyn, and the towns of
Flatbush, Gravesend, and New Utrecht.
III. The Third, Fourth, Seventh, Eleventh, Thirteenth, Nineteenth,
Twentieth, Twenty-first, and Twenty-third wards of Brooklyn.
IV. The Fourteenth, Fifteenth, Sixteenth, Seventeenth, Twenty- fourth, and Twenty-fifth wards of Brooklyn, and New Lots and Flatlands.
V. Richmond, First, Second, Third, Fifth, Sixth, Eighth, Fourteenth, and parts of the Fourth and Ninth wards of New York, and Governor's, Bedloes, and Ellis Islands.
VI. The Seventh, Eleventh, Thirteenth, and a part of the Fourth wards of New York.
VII. The Tenth, Seventeenth, and portions of the Fifteenth,
Eighteenth, and Twenty-first wards of New York.
VIII. The Sixteenth, and parts of the Ninth, Fifteenth,
Eighteenth, and Twentieth wards of New York.
IX. The Eighteenth, Nineteenth, and Twenty-first wards, lying east of Third Avenue, New York, and Blackwell's Island.
X. Portions of Twentieth, Twenty-first, Nineteenth, Twelfth, and
Twenty-second wards, New York, and Ward's and Randall's Islands.
XI. The Twenty-third, Twenty-fourth, and portions of the Twelfth,
Twentieth, and Twenty-second wards of New York.
XII. Westchester and Rockland.
XIII. Orange and Sullivan.
XIV. Ulster, Schoharie, and Greene.
XV. Dutchess, Columbia, and Putnam.
XVI. Rensselaer and Washington.
XVII. Albany.
XVIII. Saratoga, Fulton, Hamilton, Montgomery, and Schenectady.
XIX. Clinton, Essex, and Warren.
XX. St. Lawrence, Franklin, and Lewis.
XXI. Oswego and Jefferson.
XXII. Oneida.
XXIII. Madison, Otsego, and Herkimer.
XXIV. Delaware, Chenango, and Broome.
XXV. Onondaga and Cortland.
XXVI. Cayuga, Tompkins, Seneca, and Tioga.
XXVII. Chemung, Steuben, Allegany.
XXVIII. Wayne, Ontario, Schuyler, and Yates.
XXIX. Monroe and Orleans.
XXX. Wyoming, Genesee, Livingston, and Niagara.
XXXI. Erie.
XXXII. Cattaraugus and Chautauqua.
THE ASSEMBLY.
Allegany, Broome, Chemung, Chenango, Clinton, Columbia, Cortland,
Delaware, Essex, Franklin, Fulton and Hamilton, Genesee, Greene,
Herkimer, Lewis, Livingston, Madison, Montgomery, Ontario,
Orleans, Putnam, Richmond, Rockland, Schenectady, Schoharie,
Schuyler, Seneca, Suffolk, Sullivan, Tioga, Tompkins, Warren,
Wyoming, Yates, have each one district, except Fulton and Hamilton
which are united in one district.
Cattaraugus, Cayuga, Chautauqua, Dutchess, Jefferson, Niagara,
Orange, Oswego, Otsego, Queens, Saratoga, Steuben, Wayne,
Washington have each two districts.
Monroe, Oneida, Onondaga, Rensselaer, St. Lawrence, Ulster, and
Westchester have each three districts.
Albany has four districts.
Erie has five districts.
Kings has twelve districts.
New York has twenty-four districts, or nearly one-fifth of the entire Assembly.
In all, there are one hundred and twenty-eight assembly districts, each electing one member of the assembly.
Q. What must be done in those counties that are entitled to two or more members?
A. The "boards of supervisors" of such counties, except the city and county of New York, must divide their respective counties into Assembly districts; the number of districts being equal to the number of members heretofore apportioned by the Legislature to these several counties; the territory must be contiguous, and no town can be divided in the formation of districts.
Q. By whom is the city and county of New York divided into districts?
A. By the "board of aldermen"; they meet for that purpose at such time as the Legislature shall designate.
ELIGIBILITY.
Q. Who are eligible to the Legislature?
A. The requirements are these.
I. The candidate must be twenty-one years of age.
II. He must not at the time of election, nor within one-hundred days previous thereto, have been a member of congress, a civil or military officer under the United States, or any officer under any city government.
III. Should any person after his election to the Legislature be elected or appointed to any of the offices just named, his acceptance thereof will vacate his seat in the Legislature.
DUTIES.
Q. What are some of the duties of the members of the assembly?
I. To take the oath of office. Art. XII., Sec. I Const.
II. To organize by electing their presiding officer, who is called the speaker; and who must be one of their number.
III. To elect also the other officers, viz: a Clerk, Sergeant-at- Arms, Door-Keeper, and two assistant Door-Keepers; persons not members of their body.
IV. To have co-ordinate jurisdiction with the Senate in the enactment of laws.
V. To prefer charges against officers for misconduct in office; which is called impeachment.
ORGANIZATION.
Q. Who calls the Assembly to order for the purpose of organization?
A. The Clerk of the last Assembly.
Q. Who furnishes the Clerk with an official list of the members elect?
A. The Secretary of State
Q. By whom is the oath of office administered?
A Usually by the Secretary of State. The oath may, however, be taken previously, before any Justice of the Supreme Court, Attorney-General, the Lieutenant Governor, any Judge of a County Court, the Mayor or Recorder of any city, or the Clerk of any county or Court of Record. The oath whenever taken must be duly subscribed, certified, and filed in the office of the Secretary of State. Members who are absent at the organization, may be sworn by the Speaker, if they have not previously taken the oath.
Q. By whom are the other officers appointed?
A. By the Speaker, except those in the department of the Clerk; he having power to appoint his own deputies.
THE SENATE.
Q. Who is the presiding officer in the Senate?
A. The Lieutenant-Governor, and he is called the President of the
Senate.
DUTIES.
Q. What are some of the duties of the State Senate?
I. To elect the remaining officers, whose names and duties are about the same as in the Assembly.
II. To have co-ordinate jurisdiction with the Assembly in enacting laws
III. To act as a court for the trial of impeachments, associated with the judges of the Court of Appeals, and the President of the Senate.
IV. To confirm or reject appointments made by the Governor.
V. To elect a temporary president when the Lieutenant-Governor shall not attend as president, or shall be called to act as Governor.
Q. How many members must be present in each house to do business?
A. A majority, which is called a quorum.
BILLS.
Q. Where may bills originate?
A. Any bill may originate in either house of the Legislature.
Q. What is the difference between the Legislature of this state and Congress in this respect?
A. In Congress all bills for raising revenues MUST originate in the House of Representatives.
Q. What may either house do with bills originating in the other house?
A. Amend them; but both houses must agree to the amendment or amendments, before they can become a law.
Q. What is required in order that a bill may become a law?
I. The assent of a majority of all the members elected to each branch of the Legislature, together with the approval of the Governor;
II. Or if he disapproves of it, that it be returned to the house in which it originated, with his objections; and, after reconsideration, if two-thirds of all the members elected to that house shall agree to pass the bill, it shall be sent to the other house by which it shall likewise be re-considered, and if two- thirds of all its members approve of it, it shall become a law notwithstanding the objections of the Governor.
III. If any bill shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him, it shall become a law in like manner as if he had signed it, unless the Legislature, by adjourning, shall prevent its returning; in which case it shall not become a law without the signature of the Governor.
IV. No bill shall become a law after the final adjournment of the Legislature, unless approved by the Governor within thirty days after such adjournment.
IMPEACHMENT.
Q. What class of persons can be tried in the court of impeachment?
A. Public officers that have had charges preferred against them by the Assembly.
Q. Of whom is the court of impeachment composed?
A. Of the Senators, or a majority of them, the Judges of the Court of Appeals, or a majority of them, and the Lieutenant-Governor; and two-thirds of all present must concur in order to convict.
Q. When shall the Lieutenant-Governor not act as a member of this court?
A. When the Governor is being tried. He may be presumed to be an interested party, for if the Governor should be found guilty and be removed, the Lieutenant-Governor becomes Governor.
Q. What penalty can be inflicted by this court?
A. Removal from office, or removal from office and disqualification to hold and enjoy any office of honor, trust or profit, under this state.
Q. Can such parties be further punished?
A. Yes; they may be indicted, tried and punished according to law, by fine or imprisonment, or both, according to the nature of the crime.
VOTING.
Q Who are entitled to vote upon all questions in the Legislature?
A. All the members in the Assembly and Senate; and this includes the Speaker of the Assembly.
Q, When is the President of the Senate entitled to vote?
A. Upon questions on which the Senate is equally divided or tied.
Q. Why should not the President of the Senate have a vote upon all questions?
A. Because he has not been elected a member of that body; but becomes its presiding officer by virtue of the constitutional provision which makes the Lieutenant-Governor its president.
KINDS OF VOTING.
Q. Name some of the kinds of voting practiced. I. By showing hands.
II. By Acclamation.
III. By dividing or separating the persons voting into two bodies.
IV. By Ballot.
V. By Ayes and Noes.
VI. By Viva Voce.
Q. Where are the first three kinds of voting usually practiced?
A. In conventions of different kinds, primary meetings,
Q. When and how is the sixth kind of voting used?
A. In the election of United States Senators, usually the Speaker of the Assembly and a few other officers, and in this way: as the names of those entitled to vote are called, they respond by naming their candidate.
SALARY.
Q. How are Assemblymen and Senators paid?
I. By a salary fixed by the constitution, of one thousand five hundred dollars.
II. And one dollar for every ten miles travelled in going to and returning from the place of meeting, once in each session on the most usual route.
III. Senators when convened in extraordinary session, or when serving as members of the Court of Impeachment, and such members of the Assembly, not exceeding nine in number, as shall be appointed managers of an impeachment, shall receive ten dollars a day additional allowance.
STATE.
A tabular view of officers, showing the source from whence they derive their authority:
Elected by the People of the State
Executive
Governor.
Presiding Officer
Lieut. Governor.
Administrative
Secretary of State.
Comptroller.
Treasurer.
Attorney General.
State Engineer and Surveyor.
Judicial
Judges of the Court of Appeals.
Appointed by Governor and Senate.
Superintendent of Banking.
Superintendent of Insurance.
Canal Auditor.
Superintendent of Prisons.
Superintendent of Public Works.
Notaries Public.
State Assessors.
Loan Commissioners.
Canal Appraisers.
Quarantine Commissioners.
Trustees of State Institutions, and some others.
Elected by joint bal.
Superintendent of Public Instruction.
Regents of the University.
United States Senators.
Q. What are the first seven offices called?
A. They are called elective offices.
Q. Why elective?
A. Because the officers are voted for directly by the people.
Q. Why are the Sec of State, Comp., Treasurer,
Supt. of Prisons and Public Works. A large number of Notaries, two
Loan Commissioners for each County, three Canal Appraisers, one
Superintendent of Public Instruction, nineteen Regents, and two
United States Senators.
TERM OF OFFICE.
Q For how long a term are the Governor and Lieutenant Governor elected?
A. For three years each.
Q For how long a term are the Sec of State, Comp, Treas, Atty.
Gen. and State Eng. and Surveyor elected?
A. For two years each.
Q For how long a term are the Superintendents of Banking,
Insurance and Canal Auditor appointed?
A. For three years.
Q. For how long a term is the Supt. of Prisons appointed?
A. For five years.
Q. For how long a term is the Superintendent of Public Works appointed?
A. As long as the term of the Governor appointing him lasts.
Q. For how long a term is the Superintendent of Public Instruction elected?
A. For three years.
Q. For how long a term the Regents of the University?
A. For life.
ELIGIBILITY.
Q. What about the eligibility of these officers?
A. The Governor and Lieutenant Governor must be thirty years of age, and shall have been for the five years next preceding their election residents of the State.
Q. What are some of the duties of the Governor?
A. He is commander-in-chief of all the military and naval forces of the State, has power to convene the Legislature (or Senate only) on extraordinary occasions, communicates by message to the Legislature at every session the condition of the State, and recommends such measures as he deems expedient, transacts all necessary business with the officers of the government, civil and military, expedites all measures resolved upon by the Legislature, takes care that the laws are faithfully executed, and has the power of granting reprieves, commutations and pardons for crimes.
Q. What are some of the duties of the Lieutenant Governor?
A. He is President of the Senate and has the casting vote therein, is a member of the canal board, is one of the commissioners of the Land Office, is one of the commissioners of the Canal Fund, is one of the trustees of the Capitol, is one of the trustees of the Idiot Asylum, and, ex-officio, one of the Regents of the University and member of the State Board of Charities. If the Governor dies, resigns, is impeached, or otherwise becomes unable to discharge the powers and duties of his office, they devolve upon the Lieutenant Governor for the residue of the term.
Q. What are some of the duties of the Secretary of State?
A. He is the keeper of the record books and papers belonging to the State, receives and records all pardons, and other executive and legislative acts, election returns, etc., furnishes certified and printed copies to the United States, State and County officers, and other persons authorized to receive the same, supervises the printing of the laws passed each year, reports annually to the Legislature statistics of pauperism and crime, and other information which it may call for. He is a member of the Canal Board, a commissioner of the Land Office, a member of the Board of State Canvassers, a Regent of the University, a trustee of the Capitol, of the State Hall, of the Idiot Asylum, and of the Board of State Charities.
Q. What are some of the duties of the Comptroller?
A. Superintends and manages the fiscal concerns of the State, reports to the Legislature its annual revenues, expenditures and estimates, audits, examines and settles accounts due to or from the State, directs and superintends the collection of taxes and other moneys, draws warrants on the Treasurer for the payments of debts due by the State, negotiates temporary loans, if necessary to meet demands against the State, countersigns and registers all Treasurer's checks and receipts. He is a member of the Canal Board, a commissioner of the Land Office and of the Canal Fund, a member of the Board of State Canvassers, a trustee of the Capitol, the State Hall and the Idiot Asylum, and a member of the State Board of Charities.
Q. What are some of the duties of the Treasurer?
A. He has charge of all the moneys paid into the State Treasury, pays drafts upon the warrants of the Comptroller, the Auditor of the Canal Department and Superintendent of the Bank Department, and keeps the State's Bank account. He is commissioner of the Land Office, and of the Canal Fund, a member of the Canal Board, and Board of State Canvassers.
Q. What are some of the duties of the Attorney General?
A. He defends and prosecutes all suits in which the State is interested, receives costs adjudged to the State, prepares drafts of contracts, etc, for State officers, and prosecutes in their behalf persons violating the laws in regard to their departments, prosecutes criminals in the Oyer and Terminer when required by the Governor or Justices of the Supreme Court. He is commissioner of the Land Office and of the Canal Fund, a member of the Canal Board, the Board of State Canvassers, the Board of State Charities and a trustee of the Capitol and State Hall.
Q. What are some of the duties of the State Engineer and Surveyor?
A. He prescribes the duties of, and assigns divisions of canals to engineers, visits and inspects canals, prescribes surveys, maps, plans, estimates, etc., in the construction and improvement of a canal, is a member of the Canal Board, of State Canvassers, a commissioner of the Land Office and a trustee of the State Hall.
Q. What are some of the duties of the Superintendent of Banking?
A. He has the general supervision of the banks of the State, and reports their condition annually to the Legislature, issues circulating notes to banks on their depositing securities, holding their stocks and mortgage securities, and when a bank proves insolvent sells them and redeems its circulation.
Q. What are some of the duties of the Superintendent of Insurance?
A. He has the general supervision of all insurance companies transacting business in the State, and, reports their condition annually to the Legislature.
Q. What are some of the duties of the Canal Auditor?
A. He draws warrants on the Treasurer for all canal payments, audits all canal accounts, instructs canal collectors and disbursing officers, keeps account of canal receipts and expenditures, etc, is ex-officio secretary of the Canal Board and of the Commissioners of the Canal Fund.
Q. What are some of the duties of the Superintendent of Prisons?
A. He has general supervision of the prisons, appoints the keepers and other officers therein.
Q. What are some of the duties of the Superintendent of Public
Works?
A. He has charge of the Public Works, of the construction of new canals, the certificate of the proper local authorities, and he visits and inquires into the condition and management of these institutions; is chairman of the committee of the State Normal Schools, and apportions among the counties the number of pupils which each is entitled; has charge of the Indian, schools; he is, ex-officio, a Regent of the University; compiles the commissioners' abstracts of school districts in the State setting forth their condition and the account of receipts and expenses for each year, and makes an annual report to the Legislature. Q. Of what officers is the Canal Board composed?
A. The Lieutenant Governor, Secretary of State, Comptroller,
Treasurer, Attorney General, State Engineer and Surveyor, and
Canal Superintendent.
SALARIES.
Governor $10,000
Lieutenant Governor 5,000
Secretary of State 5,000
Comptroller 6,000
Treasurer 5,000
State Engineer and Surveyor 5,000
Superintendent of Banking 5,000
Superintendent of Insurance 7,000
Canal Auditor 5,000
Superintendent of Prisons 6,000
Superintendent of Public Works 6,000
Canal Appraisers 5,000
Superintendent of Public Instruc'n, 5,000
Q. Who are the State Canvassers?
A. Secretary of State, Comptroller, Treasurer, Attorney General and State Engineer and Surveyor.
Q. Who are the Regents at the present time, January 1, 1881, and when elected?
The Governor, ex-officio.
The Lieutenant-Governor, ex-offixo.
The Secretary of State, ex-officio.
The Superintendent of Public Instruction, ex officio.
1856. George W. Clinton ……. Buffalo. 1858. Lorenzo Burrows ……… Albion. 1859. Robert S. Hale ….. Elizabethtown. 1861. Elias W. Leavenworth …. Syracuse. 1861. J. Carson Brevoort …… Brooklyn. 1864. Geo. Wm. Curtis, W. New Brighton. 1870. Francis Kernan ………. Utica. 1871. John L. Lewis ……….. Penn Yan. 1872. Henry R. Pierson …….. Albany. 1873. Martin I. Townsend ………. Troy. 1874. Anson J. Upson ……….. Auburn. 1876. Wm. L. Bostwick ……… Ithaca. 1877. Orris H. Warren ……. Syracuse. 1877. Chauncey M. Depew …… New York. 1877. Charles E. Fitch ……. Rochester. 1878. Whitelaw Reid …….. New York. 1878. Leslie W. Russell ……. Canton. 1881. Wm. H. Watson …………. Utica. 1881. Henry E. Turner ……… Lowville.
OFFICERS OF THE BOARD.
Henry R. Pierson, Chancellor. George W. Clinton, Vice-Chancellor.
David Murray, Secretary. Daniel J. Pratt, Assistant Secretary.