I, JOHN PALMER, Secretary of State, certify that so much of the matter contained in the text of this edition of the Revised Statutes as purports to be a copy thereof, is a correct transcript of the text of the Revised Statutes, as originally published under the authority of the State, except such typographical errors in the original as have been corrected in the copy, and except such parts as have been altered by acts of the Legislature, and that with respect to such parts it conforms to the acts by which such alterations have been made. IN WITNESS WHEREOF, I have hereto set my signature, at the city of Albany, this second day of January, 1896. JOHN PALMER, Secretary of State. CONTENTS. VOLUME I. CONSTITUTIONS. Constitution of the United States.. Index to the Constitution of the United States.. PAGE. CHAP. NO. XXXVIII. The Insurance Law XL. The Transportation Corporations Law PAGE. 1129 1248 1340 1304 1394 1432 1471 CONSTITUTION OF THE UNITED STATES OF AMERICA. [Went into operation on the first Wednesday of March, 1789. Owings v. Speed, 5 Wh,, 420.], WE, the people of the United States, in order to form a more perfect Preamble. union, establish justice, ensure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America:' ARTICLE I. 1. All legislative powers, herein granted, shall be vested in a congress Legislative of the United States, which shall consist of a senate and house of repre- power. sentatives. SECTION 2. tiver; its 1. The house of representatives shall be composed of members chosen House of every second year by the people of the several states; and the electors in representa each state shall have the qualifications requisite for electors of the most members; numerous branch of the state legislature. by whom chosen. members. 2. No person shall be a representative who shall not have attained to qualifica the age of twenty-five years, and been seven years a citizen of the United tion of States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. representa direct 3. Representatives and direct taxes shall be apportioned among the Apportion several states which may be included within this Union, according to resen their respective numbers; which shall be determined by adding to the tives and whole number of free persons, including those bound to service for a taxes. term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after Census. the first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. Number of The number of representatives shall not exceed one for every thirty representa thousand, but each state shall have at least one representative; and until such enumeration shall be made, the state of New Hampshire shall be First apentitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.' 12 Dal., 471; 1 Wh., 824; 8 Wh, 181; 4 Wh, 404; 6 Wh, 414; 12 Wh., 455; 5 Fet, 128; 6 Pet, 563; 12 How., 107; 1 Brock, 177; 2 Brock, 109: 6 Call, 277; 7 J. Ch., 297; 16 J. R., 233; 17 J. R, 195; 19 J. R. 153; 4 N. Y., 276; 10 W, 365; 3 Cow, 7.3. 23 Dal., 171; 5 Wh, 817. a Income tax is direct tax and void unless so apportioned, 157 U. S., 429, 158 U. S., 601. See also 9, sub. 4, post, p. 5. tives. portion ment. Art. 1. Vacancies. 4. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. Officers. Power of impeach ment. Senate. Classification of senators. 5. The house of representatives shall choose their speaker and other officers, and shall have the sole power of impeachment. SECTION 3. 1. The senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years; and each senator shall have one vote. 2. Immediately after they shall be assembled, in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration. of the fourth year, and of the third class at the expiration of the sixth Vacancies. year, so that one-third may be chosen every second year; and if vacancies happen, by resignation or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such Qualifica tions. President of the senate. Officers and presi dent pro tem. Trial of impeachments. Judgment on impeachment. and repre vacancies. 3. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. 4. The vice-president of the United States shall be president of the senate, but shall have no vote unless they be equally divided. 5. The senate shall choose their other officers, and also a president pro tempore, in the absence of the vice-president, or when he shall exercise the office of president of the United States. 6. The senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present. 7. Judgment, in cases of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office. of honor, trust or profit, under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judg ment and punishment, according to law. SECTION 4. Election of 1. The times, places, and manner of holding elections for senators and senators representatives shall be prescribed in each state by the legislature thereof; sentatives. but the congress may, at any time, by law, make or alter such regulations, except as to the places of choosing senators. Annual 2. The congress shall assemble at least once in every year; and such meeting of meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day. congress. Powers of SECTION 5. 1. Each house shall be the judge of the elections, returns, and qualifieach house. cations of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each house may provide.' 180 N. Y., 117. |