V
STATE GOVERNMENT
The State has such large powers over its people, and over all political divisions within it, that it is often called the “Sovereign State.” The State regulates the ownership and transfer of property; it punishes murder and other crimes; it regulates business relations; it prescribes the form of marriage and the reasons for divorce; it authorizes the levying of taxes; it makes its own election laws and provides for education; until recently it has controlled railroads operating within its borders.
The State Constitution, adopted by a majority of the voters of the State, is the fundamental law of the State. It can only be changed by a constitutional convention or by the adoption of a constitutional amendment, which is done with considerable difficulty.
A constitutional convention is an assemblage of men chosen by the voters to revise the constitution. The result of their deliberation is then submitted to the voters, who can accept or reject it. The last revision took place in 1915 and was overwhelmingly defeated at the polls. The law now provides for a revision every twenty years if the voters desire it.
An amendment to the constitution can be proposed in the Legislature. It has to pass both houses of the Legislature during two different but successive sessions (a new session of the Legislature comes only every other year, when a new Senate is elected), and must then be submitted to the voters of the State for their approval. A majority vote makes it a law.
The Legislature has authority under the State constitution to make laws for the State. It meets every year on the first Wednesday in January at the Capitol in Albany, and remains in session until its business is completed, usually about April 1st. It is composed of two divisions or “houses,” the Assembly and the Senate.
Every ten years, in a year ending with the figure five, a census is taken of the people of the State, and on this basis there is a new apportionment of Senators and Assemblymen.
The Senate at present is composed of fifty-two members, elected from certain divisions of the State known as Senatorial Districts. In general, each fiftieth of the population of the State is entitled to one Senator. (This rule is not followed mathematically, for a county may not be divided except to form two or more districts within it; no one county may have more than one-third of all the Senators, and no two counties may have more than one-half of the total number. This is intended as a check to a congested district having an undue representation.)
If a county which already has three or more Senators shows a sufficient increase in population to entitle it to another one, the additional Senator adds one more to the fifty Senators already provided for.
The Assembly is composed of one hundred and fifty members, and, roughly speaking, every one hundred and fiftieth part of the population of the State is entitled to one Assemblyman. In practice the rural county of small or medium size which does not contain a large city is one Assembly District. Chautauqua, Dutchess, Schenectady, Niagara, Orange, Rensselaer, St. Lawrence, Steuben, Richmond, Suffolk, and Broome have each two Assembly Districts. Albany, Oneida, and Onondaga have three each; Queens has six; Westchester and Monroe, five; Bronx and Erie, eight; Kings and New York, twenty-three each; Hamilton and Fulton counties have only one between them. Nassau County has recently been divided into two Assembly Districts. This division is made by the County Board of Supervisors.