CONCURRENT RESOLUTIONS OF THE SENATE AND ASSEMBLY. amend art. 1. CONCURRENT RESOLUTION of the Senate and Assembly Proposed tion for private Opening § 7. When private property shall be taken for any public use, Compensa the compensation to be made therefor, when such compensation is taking not made by the state, shall be ascertained by a jury, or by the property. supreme court with or without a jury, but not with a referee, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened private in the manner to be prescribed by law; but in every case the roads. necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceedings, shall be paid by the person to be benefited. The use Use of of property for the drainage of swamp or agricultural lands is property declared to be a public use and general laws may be passed per- age of mitting the owner or occupants of swamp or agricultural lands to agricul construct and maintain for the drainage thereof, necessary drains, lands. ditches and dykes upon the lands of others, under proper restrictions on making just compensation, and such compensation together with the cost of such drainage may be assessed, wholly or partly, against any property benefited thereby; but no special laws shall be enacted for such purposes. for drain swamp or tural condemna counties. The legislature may authorize cities and counties' to take more Excess land and property than is needed for actual construction in the tion by laying out, widening, extending or relocating parks, public places, cities and highways or streets; provided, however, that the additional land and property so authorized to be taken shall be no more than sufficient to form suitable building sites abutting on such park, public place, highway or street. After so much of the land and property has been appropriated for such park, public place, highway or street as is needed therefor, the remainder may be sold or leased. § 2. Resolved (if the Assembly concur), That the foregoing Submission amendment be submitted to the people for approval at the general 1927. to people, Proposed amend ment to art. 2, § la. Legislature imay provide vote for absent voters. Referred to legisla ture chosen at next elec tion of senators. Proposed amend ment to art. 3, § 2; art. 4, Senators; number, terms. Concurrent Resolutions election to be held in the year nineteen hundred and twenty-seven, in accordance with the provisions of the election law. STATE OF NEW YORK IN SENATE, Feb. 28, 1927. The foregoing resolution was duly EDWIN CORNING, President. STATE OF NEW YORK IN ASSEMBLY, March 14, 1927. The foregoing resolution was duly passed, a majority of all the members elected to the Assembly voting in favor thereof. By order of the Assembly, J. A. MCGINNIES, Speaker. CONCURRENT RESOLUTION of the Senate and Assembly proposing an amendment to section one-a of article two of the constitution, in relation to absent voters Section 1. Resolved (if the Assembly concur), That section one-a of article two of the constitution be amended to read as follows: § 1-a. The legislature may, by general law, provide a manner in which, and the time and place at which, qualified voters who may, on the occurrence of any general election, be unavoidably absent from the state or county of their residence because they are inmates of a soldiers' and sailors' home or of a United States Veterans' Bureau Hospital,1 or because their duties, occupation or business require them to be elsewhere within the United States, may vote, and for the return and canvass of their votes in the election district in which they respectively reside. § 2. Resolved (if the Assembly concur), That the foregoing amendment be referred to the legislature to be chosen at the next general election of senators, and, in conformity with section one of article fourteen of the constitution, be published for three months previous to the time of such election. STATE OF NEW YORK IN SENATE, March 7, 1927. EDWIN CORNING, President. STATE OF NEW YORK IN ASSEMBLY, March 16, 1927. The foregoing resolution was duly passed, a majority of all the members elected to the Assembly voting in favor thereof. By order of Assembly, J. A. MCGINNIES, Speaker. CONCURRENT RESOLUTION of the Senate and Assembly proposing amendments to section two of article three, section one of article four and section one of article fourteen of the constitution, in relation to the terms of office of the governor and lieutenant-governor, affecting in like manner the terms of office of the comptroller and attorney general, and in relation to the terms of office of senators and members of assembly and the method of amending the constitution Section 1. Resolved (if the Assembly concur), That section two of article three of the constitution be amended to read as follows:1 § 2. The senate shall consist of fifty members, except as hereinafter provided. The senators elected in the year one thousand nine hundred and twenty-six shall hold their offices for two years, 1 Words 66 or of a United States Veterans' Bureau Hospital," new. 1 Section materially amended. Concurrent Resolutions men; num The assembly AssemblyThe members ber, terms. hundred and and their successors shall be chosen for four years. § 2. Resolved (if the Assembly concur), That section one of article four of the constitution be amended to read as follows: tenant terms. § 1. The executive power shall be vested in a governor, who Governor shall hold his office for four years; a lieutenant governor shall be and neu chosen at the same time, and for the same term. The governor governor; and lieutenant governor elected next preceding the time when this section as hereby amended3 shall take effect, shall hold office until and including the thirty-first day of December, one thousand nine hundred and twenty-eight, and their successors shall be chosen at the general election in that year. § 3. Resolved (if the Assembly concur), That section one of article fourteen of the constitution be amended to read as follows: amend § 1. Any amendment or amendments to this constitution may Manner of be proposed in the senate and assembly; and if the same shall ing conbe agreed to by a majority of the members elected to each of stitution. the two houses, such proposed amendment or amendments shall be entered on their journals, and the yeas and nays taken thereon, and referred to the legislature whose assembly shall have been chosen at the next general election of members of assembly, and shall be published for three months previous to the time of making such choice; and if in the legislature whose assembly shall have been so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislature to submit each proposed amendment or amendments to the people for approval in such manner and at such times as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become a part of the constitution from and after the first day of January next after such approval. sion to § 4. Resolved (if the Assembly concur), That the foregoing Submis amendments be submitted to the people at the general election in people, the year nineteen hundred and twenty-seven in accordance with 1927. the provisions of the election law. 3 Words as hereby amended" new. 66 STATE OF NEW YORK IN ASSEMBLY, Feb. 14, 1927. By order of the Assembly, 4 Now reads: one thousand eight hundred and ninety-six." 5 Words "to be" omitted. Words "whose assembly shall have been 6 Words "members of assembly" substituted for word "senators." 7 Words "whose assembly shall have been " new. Speaker. Proposed ment to §§ 4. 8. Salaries and mileage of members of Concurrent Resolutions CONCURRENT RESOLUTION of the Senate and Assembly proposing amendments to section six of article three and sections four and eight of article four of the constitution, in relation to the salaries of the governor, lieutenant-governor and members of the legislature *Resolved (if the Senate concur), That section six of article three of the constitution be amended to read as follows: § 6. Each member of the legislature shall receive for his services an annual salary of two thousand five hundred dollars.1 The members of either house shall also receive the sum of one dollar legislature. for every ten miles they shall travel in going to and returning from their place of meeting, once in each session on the most usual route. Senators, when the senate alone is convened in extraordinary session, or when serving as members of the court for the trial of impeachments, and such members of the assembly, not exceeding nine in number, as shall be appointed managers of an impeachment, shall receive an additional allowance of ten dollars a day. Powers and duties of governor. Salary. sation of § 2. Resolved (if the Senate concur). That sections four and eight of article four of the constitution be amended to read, respectively, as follows: § 4. The governor shall be commander-in-chief of the military and naval forces of the state. He shall have power to convene the legislature, or the senate only, on extraordinary occasions. At extraordinary sessions no subject shall be acted upon, except such as the governor may recommend for consideration. He shall communicate by message to the legislature at every session the condition of the state, and recommend such matters to it as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved, upon by the legislature, and shall take care that the laws are faithfully executed. He shall receive for his services an annual salary of twenty-five thousand dollars, and there shall be provided for his use a suitable and furnished executive residence. Compen- § 8. The lieutenant-governor shall receive for his services an lieutenant- annual salary of ten thousand dollars, and shall not receive or governor. be entitled to any other compensation, fee or perquisite, for any duty or service he may be required to perform by the constitution or by law. Submission to people, 1927. § 3. Resolved (if the Senate concur), That the foregoing amendment be submitted to the people at the next general election in the year nineteen hundred and twenty-seven, in accordance with the provisions of the election law. |