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ploying the same in any manner for their private use or benefit, and whenever any public funds are loaned or deposited, the interest or other consideration received therefor shall be paid over to the general fund of the State, county, municipality, corporation, or board to which such funds belong.
The Legislature may authorize the taxing of private property * * * for use in the improvement of navigable streams, and for flowage when the public interests demand it.
The right of the public or of any individual to the free use of any navigable stream for any purpose for which such stream is capable of use, without improvement, shall not be abridged or obstructed by or under color of any authority which may be given by law to any individual or corporation to improve such stream and charge toll for the use of such improvement.
Any woman above the age of twenty-one years, who shall be a resident of this State, and of the proper county, township, city, or ward, and who is a citizen of the United States, shall be eligible to the office of register of deeds, notary public, offices connected with schools and libraries, and to such other offices as may be designated by law.
Sepaeate Section—Woman Suffrage.
To be submitted separately at the same election to the people, and to be substituted in case of adoption for so much of sec. 1, art. VII, as precedes the proviso in the present constitution, and substituted for sec. 1, art. VII, of the amended constitution, if the latter is adopted, viz:
Sec. 1. In all elections, every person of the age of twenty-one years, who shall have resided in this State three months, and in the township or ward in which he or she offers to vote, ten days next preceding an election, belonging to either of the classes, shall be an elector andentitled to vote.
First. Every citizen of the United States.
Second. Every inhabitant of this State who shall have resided in theUnited States two rears and six months, and declared his or her intention to become a citizen of the United States, pursuant to the laws thereof, six months preceding an election.
Third. Every inhabitant residingin this State on the twenty-fourth day of June, one thousand eight hundred and thirty-five.
[In November, 1873, the following constitutional amendments were ratified by the people: For, 20,527; against, 5,335.]
Article VI. Sec. 17. The Legislature shall divide the State into a convenient number of chancery districts. Chancellors shall be appointed in the same manner as the judges of the circuit courts. Their qualifications shall be regulated by law, and they shall hold their office for the term of four years. They shall hold a court in each county at least twice in each year, and shall receive auch compensation as may be provided by law.
Article VIII. Sec. 6. All proceeds of lands now or hereafter vested in this State, by eseheat or purchase, or forfeiture for taxes, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, and all moneys received for licenses granted under the laws of the State for the sale of intoxicating liquor or keeping of dram shops, shall be collected in legal currency of the United States, and be paid into the treasury, to be distributed pro rata among the educable children of the State, in the manner to be provided for by law.
[Amendments proposed by the constitutional commission, December 23, 1873, under authority of joint resolution of April 4, 1873.]
Article I. Private property shall ever be held inviolate, but subservient to the public welfare, and shall not be taken for public use without justcompensation. In all cases where lands are taken by any incorporated company, any landowner being aggrieved by the award of commissioners, shall have the right of appeal, and have the damages reassessed by the verdict of a jury, and such assessment shall be made without deduction for benefits.
No county shall be divided or have any part set off therefrom without submitting the question to a vote of the people of the county, nor unless a majority of all the legal voters of the county voting on the question shall vote for the same.
No county, city, borough, town, township, or village shall hereafter give any money or property, or loan its money or credit, to or in aid of any individual, association, or corporation, or become security for, or be directly or indirectly the owner of, any stock or bonds of any association or corporation; nor shall any county, city, borough, town, township, or village incur, or be authorized by the Legislature to incur, any indebtedness, or to impose any tax except for State, county, city, township, or village purposes. And no county shall contract or incur any debt, by bond or otherwise, exceeding two per cent, of the valuation of its taxable property; and no town, borough, or township exceeding four per cent.; and no city exceeding eight per cent., on a like valuation, excepting for its water supply.
No donation of land or appropriation of money shall be made by the State or any municipal corporation to or for the use of any society, association, or corporation whatever.
Article II. In section 1 the word "white" is stricken out of the qualifications for electors; a residence in the election district in which the vote is offered, of thirty days, is added, and also this proviso: that in time of war no elector in the actual military service of the State, or of the United States, in the army or navy thereof, shall be deprived of his vote by reason of his absence from such election district; and the Legislature shall have power to provide the manner in which, and the time and place at which, such absent electors may vote, and for the return and canvass of their votes in the election districts in which they respectively reside.
In section 2 the words " or in legislation" are added, so that the Legislature may pass laws to deprive persons of the right of suffrage who shall be convicted of bribery "in legislation" as well as "at elections."
Paragraph 3 of section 1 changes the annual election from October to November.
Section IV. All bills and joint resolutions shall be printed before they are received or considered, and shall be read throughout, section by section, on three several days, in each House, before the final passage thereof; but the reading of the title only, of any bill or joint resolution, shall never be taken as the reading thereof: Provided, That in cases of actual invasion or insurrection the Legislature may, by a two-thirds vote of the House where such bill or joint resolution shall be pending, otherwise order: And provided further, That all bills and jointresolutions, together with the amendments thereto, shall be printed and distributed among the members of each House at least one day before the vote shall be taken on the final passage thereof. * * *
Members of the Senate and General Assembly shall receive annually the sum of five hundred dollars during the time for which they shall have been elected, and while they shall hold their office, and no other allowance or emolument, directly or indirectly, for any purpose whatever, except a sum not exceeding twenty-five dollars per session, to each member, which shall be in full for postage, stationery, and all other incidental expenses and perquisites.
Sec. V. The first and second paragraphs are stricken out and this inserted as paragraph 1: No member of the Legislature shall receive any civil appointment within this State, or to the Senate of the United States, from the Governor, the Governor and the Senate, or from the Legislature.
Sec. VII. * * * No law shall be revived or amended by reference to its title only, but the act revived, or the section or sections amended, shall be inserted at length. No general law shall embrace any provision of a private, special, or local character. No act shall be passed which shall provide that any existing law, or any part thereof, shall be made or deemed a part of the act, or which shall enact that any existing law, or any part thereof, shall be applicable, except by inserting it in such act.
* * * A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the Legislature shall establish and maintain public schools for the gratuitous instruction of all persons in this State between the ages of five and eighteen years. The term "free schools," used in this constitution, shall be construed to mean schools that aim to give to all a rudimentary education, and not to include schools designed to fit or prepare pupils to enter college, or schools controlled by or under the influence of any creed, religious society, or denomination whatever.
No amendment to the charter of any municipal corporation shall be received by the Legislature
after thirty days from the first day of the meeting thereof, and no such amendment shall bi so received or considered unless a notice, expressing the substance of such amendment, shall have been published once a week, for at least four weeks next before the first day of the meeting of the Legislature, in one or more of the newspapers of the largest circulation, printed, published, and circulated in the municipal corporation to be affected thereby, and if none is printed or published therein, then in the newspaper printed or published nearest thereto.
No trust funds shall be invested in the bonds or stock of any private corporation, unless such investment be authorized or directed in the instrument or by the person creating the trust.
No act of the Legislature shall limit the amount to be recovered for injuries resulting in death, or for injuries to person or property; and in case of death from such injuries the right of action shall survive, and the Legislature shall prescribe for whose benefit such action shall be prosecuted. Nor shall any act prescribe any limitation of time within which suits may bo brought against corporations for injuries to person or property, or for other causes different from that fixed by the general laws prescribing the time for the limitation of actions.
No act of the Legislature shall take effect until the fourth day of July next after its passage, unless the Legislature shall, by a vote of two thirds of all the members elected to each House, otherwise direct.
The Legislature shall not pass private, local, or special laws in any of the following enumerated cases; that is to say:
Laying out, opening, altering, and working roads or highways.
Vacating any road, town plot, street, alley, or public grounds.
Regulating the internal affairs of towns and counties; appointing local offices or commissions to regulate municipal affairs.
Selecting, drawing, summoning, or impaneling grand or petit jurors.
Regulating the rate of interest on money.
Creating, increasing, or decreasing the percentage or allowance of public officers during the term for which said officers were elected or appointed.
Changing the law of descent.
Granting to any corporation, association, or individual any exclusive privilege, immunity, or franchise whatever.
Granting to any corporation, association, or individual the right to lay down railroad tracks.
Providing for changes of venue in civil or criminal cases.
Providing for the management and support of free public schools.
The Legislature shall pass general laws providing for the cases enumerated in this paragraph, and for all other cases which, in its judgment, may be provided for by general laws. The Legislature shall pass no special act conferring corporate powers, but they shall pass general laws under which corporations may be organized and corporate powers of every nature obtained, subject, nevertheless, to repeal or alteration at the will of the Legislature.
The Legislature may establish a court or courts, with original jurisdiction over all cases of condemnation of lands and assessments for improvements.
Property shall be assessed for taxes under general laws, and by uniform rules, according to its true value in money. No property of any kind, protected by law, except that owned by the United States, the State, counties, townships, cities, towns, or boroughs shall be exempt by law from its full share of all State, county, township, and city taxes and assessments, except burying grounds and cemeteries not held by stock companies. No law shall be enacted or contract entered into by which the exercise of the power of taxation shall be restricted, impaired, or impeded. The Legislature may provide by law for taking away from any person or persons, natural or artificial, now possessing or entitled to the same, any right of exemption from taxation which cannot be revoked without compensation, and for paying to such person or persons a just compensation for the right so taken away.
Sec. VIII. Every member of the Legislature, before he enters on his duties, shall take and subscribe the following oath or affirmation:
"I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the constitution of the State of New Jersey, and that I will honestly and faithfully discharge the duties of Senator (or member of General Assembly, as the case may be,) according to the best of my ability." And I do solemnly swear (or affirm) that I have not paid or contributed anything, or made any promise in the nature of a bribe, to corruptly influence, directly or indirectly, any vote at the election at which I was chosen a member of the Senate (or House of Assembly;) and I do further solemnly swear (or affirm) that I have not accepted or received, and I will not acceptor receive, directly or indirectly, any money or other valuable thing from any corporation, company, or person for any vote or influence I may give or withhold on any bill, resolution, or appropriation, or for any other act as a member of the Senate (or General Assembly) of this State. And members elect of the Senate or General Assembly are hereby empowered to administer to each other the said oath or affirmation. Any member who shall refuse to take such oath or affirmation shall forfeit his membership; and any person convicted of having falsely taken said oath or affirmation, or of having broken the same, shall be subject to the punishment provided for willful and corrupt perjury.
Every officer of the Legislature shall, before he enters upon his duties, take and subscribe the following oath or affirmation: "I do solemnly promise and swear (or affirm) that I will faithfully, impartially, and justly perform all the
duties of the office of to the best of my
ability and understanding; that I will carefully preserve all records, papers, writings, or property entrusted to me for safe keeping by virtue of my office, and make such disposition of the same as may be required by law."
Section 6 is amended so as to enable a special
session of the Senate alone to be called when needed.
Section 7 changes the majority vote of members of each House required to overcome a veto to a two-thirds vote of the whole House. It also contains this new provision: "If any bill presented to the Governor contain several items of appropriations of money, he may object to one or more of such items while approving of the^ other portions of the bill. In such case he shall* append to the bill, at the time of signing it, a statement of the items to which he objects, and the appropriation so objected to shall not take effect. If the Legislature be in session he shall transmit to the House in which the bill originated a copy of such statement, and the items objected to shall be separately reconsidered. If, on reconsideration, one or more of such items be approved by two thirds of the members elected to each House, the same shall be a part of the law, notwithstanding the objections of the Governor. All the provisions of this section in relation to bills not approved by the Governor shall apply to cases in which he shall withhold his approval from any item or items contained in a bill appropriating money."
Section 8 is amended so that the Governor shall not be "elected by the Legislature to any office under the government of this State or of the United States, during the term for which he shall have been elected Governor."
Conviction of any felony or otherwise infamous crime, or of any official delinquency under the laws of this State, shall, after final judgment thereon, vacate any office under the constitution or laws of this State held by the person so convicted; and a duly authenticated record of such conviction and judgment shall be conclusive evidence of such forfeiture, and shall authorize competent authority to fill the vacancy occasioned thereby.
There shall be, beside the justice of the Supreme Court, who may be ex officio the judge of said court, no more than two judges of the inferior court of common pleas in each of the counties in this State, after the terms of the judges of said court now in office shall terminate.
The commissions for the appointments of judges of said court shall bear date and take effect on the first day of April, except commissions to fill vacancies, which shall bear date and take effect when issued.
There may be elected under this constitution not more than two justices of the peace in each of the townships of the several counties of this State, and in each of the wards, in cities that may vote in wards, not more than one justice of the peace; and the Legislature shall provide by law the qualifications necessary for such justices to possess, and the method of ascertaining the possession of such qualifications. * * *
* * * Judges of the inferior court of common pleas shall be nominated by the Governor, * * * term of five years, * * * a compensation, which shall not be increased or diminished during the term of their appointments. * * * Justices of the Supreme Court, judges of the court of errors and appeals, and judges of the court of common pleas, when appointed to fill vacancies, shall hold for the unexpired term only.
Paragraph three limits the attorney general's term to three years, and paragraph six gives the same term to sheriffs and coroners.
No law shall extend the term of any public officer, or increase or diminish his salary or emoluments after his election or appointment.
[Proposed amendments adopted by the Legislatures of 1873 and 1874, the final decision to be reached by popular vote at the November election, 1874:]
The first section prescribes the qualifications of voters.
Sec. 2. No person shall receive, expect, or offer to receive, or pay or promise to pay, contribute, offer or promise to contribute to another, to be paid or used, any money or other valuaable thing as a compensation or reward for the giving or withholding a vote at an election, or who shall make any promise to influence the giving or withholding any such vote, or who shall make or become directly or indirectly interested in any bet or wager depending upon the result of any election, shall vote at such election; and upon challenge for such cause the person so challenged, before the officers authorized for that purpose shall receive his vote, shall swear or affirm before such officers that he has not received or offered, does not expect to receive, has not paid, offered, or promised to pay, contributed, offered, or promised to contribute to another, to be paid or used, any money or other valuable thing as a compensation or reward for the giving or withholding a vote at such election, and 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 to time thereafter may, enact laws excluding from the right of suffrage all persons convicted of bribery or of any infamous crime.
[In the assembly of 1873, when this article was reported for consideration, a motion was made to amend in the interest of female suffrage, but was disagreed to.]
Sections 1,5 and 6, vest the Legislative power in a Senate and Assembly; fix the membership of the Assembly at 128 members, prescribe the mode of apportionment, and place the annual salary of each member of the Legislature at $1,500, with 10 cents mileage each way for each session, with extra compensation for Senators when an extraordinary session of the Senate is convened.
No member of the Legislature shall receive any civil appointment within this State, or the
Senate of the United States, from the Governor, the Governor and Senate, or from the Legislature, or from any city government, during the time for which he shall have been elected; and all such appointments and all votes given for any such member for any such office or appointment shall be void.
Sec. 8. No person shall be eligible to the Legislature who, at the time of his election, is, or within one hundred days previous thereto has been, a member of Congress, a civil or military officer under the UnitedStates, or an officer under any city government. And if any person shall, after his election as amember of the Legislature, be elected to Congress, or appointed to any office, civil or military, under the government of the United States, or under any city government, his acceptance thereof shall vacate his seat.
No act shall be passed which shall provide that any existing law, or any part thereof, shall be made or deemed a part of said act, or which shall enact that any existing law, or any part thereof, shall be applicable, except by inserting it in such act.
Sec. 18. The Legislature shall not pass a private or local bill in any of the following cases: Changing the name of persons; laying out, opening, altering, working, or discontinuing highways or alleys, or for draining swamps or other low lands; locating or changing county seats; providing for changes of venue in civil or criminal cases; incorporating villages; providing for the election of members of boards of supervisors; selecting, drawing, summoning, or impaneling grand or petit jurors; regulating the rate of interest on money; the opening and conducting of elections or designating places of voting; creating, increasing, or decreasing fees, per centage, or allowance of public officers during the term for which said officers are elected or appointed; granting to any corporation, association, or individual the right to lay down railroad tracks; granting to any private corporation, association, or individual any exclusive privilege, immunity, or franchise whatever; providing for building bridges, and chartering companies for such purposes, except on the Hudson river, below Waterford, and on the East river, or over the waters forming a part of the boundaries of the State.
The Legislature shall pass general laws providing for the cases enumerated in this section, and for all other cases which in its judgment may be provided for by general laws. But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value the property bounded on, and the consent also of the local authorities having the control of that portion of a street or highway upon which it is proposed to construct or operate such railroad, be first obtained, or in case the consent of such property owners cannot be obtained, the general term of the Supreme Court in the district in which it is proposed to be constructed may, upon application, appoint three commissioners, who shall determine, after a hearing of all parties interested, whether such railroad ought to be constructed or operated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property owners.
The Legislature shall neither audit nor allow any private claim or account against the State, but may appropriate money to pay such claims as shall have been audited and allowed according to law.
Every law which imposes, continues, or revives a tax shall distinctly state the tax and the object to which it is to be applied, and it shall not be sufficient to refer to any other law to fix such tax or object.
On the final passage, in either House of the Legislature, of any act which imposes, continues, or revives a tax, or creates a debt or charge, or makes, continues, or revives any appropriation of public or trust money or property, or releases, discharges, or commutes any claim or demand of the State, the question shall be taken by yeas and nays, which shall be duly entered upon the journals, and three fifths of all the members elected to either House shall, in all such cases, be necessary to constitute a quorum therein.
Sections 22 and 23 relate to boards of supervisors, common councils, and board of aldermen.
The Legislature shall not, nor shall the common council of any city, nor any board of supervisors, grant any extra compensation to any public officer, servant, agent, or contractor. Article IV.
Sections 1 and 2 relate to the qualifications for Governor and Lieutenant Governor, and fix the term of office at three years.
* * * At extraordinary sessions no subject shall be acted upon except such as the Governor may recommend for consideration. * * * He shall receive for his services an annual salary of $10,000, and there shall be provided for his use a suitable and furnished executive residence.
The Lieutenant Governor shall receive for his services an annual salary of $5,000.
* * * If any bill presented to the Governor contain several items of appropriation of money, he may object to one or more of such items, while approving of the other portion of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the items to which he objects; and the appropriation so objected to shall not take effect. If the Legislature be in session, he shall transmit to the House in which the bill originated a copy of such statement, and the items objected to shall be separately reconsidered. If, on reconsideration, one or more of such items be approved by two thirds of the members elected to each House, the same shall be part of the law, notwithstanding the objections of the Governor. All the provisions of this section in relation to bills not approved by the Governor shall apply in cases in which he shall withhold his approval from any item or items contained in a bill appropriating money.
Add to section 3 the following:
No extra compensation shall be made to any contractor; but if, from any unforeseen cause, the terms of any contract shall prove to be unjust and oppressive, the canal board may, upon the application of the contractor, cancel such contract.
The Legislature shall not sell, lease, or otherwise dispose of the Erie Canal, the Oswego Canal, the Champlain Canal, or the Cayuga and Seneca Canal; but they shall remain the property of the State, and under its management forever. Hereafter the expenditures for collections, superintendence, ordinary and extraordinary repairs on the canals named in this section shall not exceed, in any year, their gross receipts for the previous year. All funds that may be derived from any lease, sale, or other disposition of any canal shall be applied in payment of the debt for which the canal revenues are pledged.
The sinking funds provided for the payment of interest and the extinguishment of the principal of the debts of the State shall be separately kept and safely invested, and neither of them shall be appropriated or used in any manner other than for the specific purpose for which it shall have been provided.
Neither the Legislature, canal board, canal appraisers, nor any person or persons acting in behalf of the State, shall audit, allow, or pay any claim which, as between citizens of the State, would be barred by lapse of time. The limitation of existing claims shall begin to run from the adoption of this section; but this provision shall not be construed to revive claims already barred by existing statutes, nor to repeal any statute fixing the time within which claims shall be presented or allowed, nor shall it extend to any claims duly presented within the time allowed by law, and prosecuted with due diligence from the time of such presentment. But if the claimant shall be under legal disability, the claim may be presented within two years after such disability is removed.
The Legislature shall, by general law, conform all charters of saving banks, or institutions for savings, to a uniformity of powers, rights, and liabilities, and all charters hereafter granted for such corporations shall be made to conform to such general law, and to such amendments as may be made thereto. And no such corporation shall have any capital stock, nor shall the trustees thereof, or any of them, have any interest whatever, direct or indirect, in the profits of such corporation; and no director or trustee of any such bank or institution shall be interested in any loan or use of any money or property of such bank or institution for savings. The Legislature shall have no power to pass any act granting any special charter for banking purposes; but corporations or associations may be formed for such purposes under general laws.
Neither the credit nor the money of the State shall be given or loaned to or in aid of any association, corporation, or private undertaking. This section shall not, however, prevent the Legislature from making such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents as to it may seem proper. Nor shall it apply to any fund or property now held, or which may hereafter be held, by the State for educational purposes.
No county, city, town, or village shall hereafter give any money or property, or loan its money or credit, to or in aid of any individual,