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only that such compensation snail r.ot be diminished during their respective terms of oflice . s s Except as in this article provided , all judicial orF.cers shall be elected or appointed at suc ' i times and in such manner as the lecr- ' ature may direct. No one sh.ill re clic . ii 1c to t. - .c office of iuege o: tri e v. - .irt ot appeals . juscicc oi the s- . -pre-ne c :::! . surrogate , or judc . e ef ary ot ' cr coin: e! record who is not an .itt' - rr- .cv ,vc Cour. se.or of this state except ' :r. the sorr: :y cUfjta - ikon as to i - tf.ee ft ccuntv jud ge or surrogate. N' .i n-clcc cr l' .rstice shall sit in anv appellate cor::: in. review of a decrsro -r made hv birr, or by any court of winch he was at :~ c t:rr-c .1 sitting mc- .r ' rcr. No pers. -r. shall hold the office ef Ictdgc or r.: . 't:.e of anv court er the office ' ' of surrogate 1 err per than vrr.ti! and incIuJirrg the hot d.i v ci December next after he shall be seventy years of age . The judges of thc couit of appeals , ar.d the ju stices of the supreme court , shall r.ot hold any other public office or trust- ' , except that they shall be eligible to serve as rrsciv.beis of .1 constitutional convention]. All votes for _ any such judges , or justice s , for any other than a judicial office [err a* .1 member of a con- stitutional convention], given b y the leKislature or the people , shall be void. No judicial officer except justices of the peace, shall receive to his own use any tecs or perquisites of office. A judge of thc court of appeals , a justice of the supreme coutr , a jud'- e of thc court of general sessions of thc county of New York, a justice of the city court of tb.e citv of New York , and a county judge or surrogate elected in a county having a population exceeding one hundred and twenty thousand , shall not prac- tice as an attorney or counselor in any court of record in this state nor act as referee in any action or proceeding. The legislature may impose a similar prohibition upon county judges or sur- rogates in other counties. No district attorney or assistant to or deputy of a district attorney shall appear or act as attorney or counsel for the defendant in any criminal case or proceeding in any court of thc state , nor shall any county judge, special county judge , sur- rogate , or special surrogate appear or act as counsel for a defendant in any criminal case or proceeding pending in his cwn county or in any adjacent county. § 2. Resolved (if the Assembl y con- cur), Thct thc fcrcgoirg amendment be referred to the first regular legislative session convening after thc next suc- ceeding general election of members of assembly ar.d in conformity with section one of article rinetccn of the constitu- tion be published for three months pre- vious to the time of such election . PROPOSED AMENDMENT NUMBER NINE CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY Proposing an amendment to section fifteen of article six of the constl- tion , in relation to the jurisdic- tion of the city court of the city of New York of an aetion to re- cover a chattel Section 1 . Resolved (if the Senate concur), That section fi f tecn of article six of thc constitution be amended to read as follows: § 15 . Thc city court of the city of New York is continued with its present jurisdiction and power , including orig- inal jurisdiction concurrent with the supreme court in actions foi tlie rccov- ,ery of money only in which thc com- p laint demands judgment for a sum not exceeding six thousand dollars , and in- terest , and in actions [of replevin , fore- closure of] lo recover one or more chat- tels , m ' t/i or without damages for the taking or detention thereof, and lo fore- close mechanic ' s liens and liens on personal property where the property involved docs not exceed in value the |ium of six thousand dollars. Its juris- diction to enter, ludgmcnt upon a coun- . tcrclaim shall be unlimited. It shall con- cist of thc justices now in office and .their successors v. bo shall be elected for kerms of ten ycais in the counties in which a vacancy shall occur or in which a term shall be about to expire. The leg islature may increase thc number of just ices and provide for their election in specified counties. Tr. ? ;.:«ticcs shall receive fro m the city of Now York such compensation as may be fixed by law. Thc justices of the city court of the city of New York shall choose one of their number to be thc presiding Jus- tice thereof , who shall act as such dur- ing his term of oificc , and s*-ho shall be charged with the general administration of the court and the assignment of the justices to hol d the terms thereof , sub- ject to such reguiatior.s as the presiding justices of the appellate divisions of the supreme court in the first and second departments shall from time to time pre- scribe Thc justices of said City court shall have power to appoint and remove a chief clerk of the court , and one or jnore deputy clerks ir. each countv- , who •hall keep thc- .r respective office or offices at a place or places to be dc;:g- Tinted by tb.e court , ar.d whose duties shal l be regulate d ar.d supe rvised by the presiding justice of the court. Thc presiding justice .of the court shall make such rules ar.d regulations respecting thc clerk' s offices , the assign- imen t of sccielatics to thc |ust;ccs , court (Clriks , stenograp hers , interpreters and other attendants and the distribution of the business of th.e court ir. the said several cour.ties as from time to time may be expedieu ' ., subject t- > such gen- eral regulations as tl c presiding justices of the appcilate division* of the firtt and second departments shall from time ' to time prescribe. A ppeals ftcm the city court of the cty of New York thai! be taken to the sppcllate term for the appropriate dcrartmer.t or otherwise as may be prescribed by law. § 2. Resolved (if the Senate con- cur), That the foregoing amendments be referred to the first regular legisla- tive session convening after the next succeeding general election of members (of the assembl y and in conformity with section one of article nineteen of the coristivulion be published for three months previous to the time of such election. PROPOSED AMENDMENT NUMBER TEN C0NC1JBRENT RESOLUTION OF THE SEN A TE A N D ASS EMBLY Proposing an amendment to section two of article fourteen of <he eon- ¦tltution , in relation to regulating the Saw of stream* Se ctio n 1. Resolved (if the Senate concur), That section two of article fourteen of the constitution be amended to read at follows: § 2. Thc leg islature may by general laws provide for the use of not exceed- ing three per centum of such lands for thc construction ar.d maintenance of reservoirs for municipal water supply, and for the canals of thc state [ar.d to regulate thc flow of streams]. Such reservoirs shall be constructed , owned and controlled by the state, but such work shall not be undertaken until after thc boundaries and high flow lines thereof shall have been accurately sur- veyed and fixed , and after public no- tice , hearing and determination that such hinds are required for such public use. Thc expense of any such improve- ments shall be apportioned on the pub- lic ar.d private property and municipal- ities benefited to the extent of the benefit s received. Any such rese rvoir shail always be operated by the state and thc legislature shall provide for a charge upo n thc property and munici- palities benefited for a reasonable return to the state upon the value of thc rig hts and property of the state used and the services of the state rendered , which shall be fixed for terms of not exceed- ing ten years ar.d be rcadjustablc at the end of any term . Unsanitary conditions shall not he created or continued b y any such public works. § 2. Resolved (if thc Senate con- cur). That thc foregoing amendment be re ferred to the first regular legislative session convening after the next suc- ceeding general election of members of thc assembly and , in conformity with section one of article nineteen of the constitution be published for three months previous to the time of such election. PROPOSED AMENDMENT NUMBER ELEVEN CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY Proposing amendments to article nine of the constitution , in rela- tion to granting additional pow- ers of home rule to counties , altering the conditions for adop- tion of an alternative form of county government , removing am- biguities and clarifying the pro- visions relating to county govern- ment , arranging such provisions in a more logical order and sep- arating them fro m other provi- sions of such article Section 1. Resolved (if thc Assembly concur). That sections one , two , four , five , ei ght , nine and thirteen of article nine of the constitution be amended to read as follows : < Section 1 . (a) The Legislature shall provide by law for the organization and government of counties. (b) There shall be in each countyf, except in a county wholl y included in a city, ] outside the city of New Tor\ a board of supervisors[, J or other elective governing body, to be composed of such members and elected in such manner and for such period as is or may be provided by law. In the city of J^ew Tor\ the powers and duties of a board of supervisors ' .nay be devolved upon the council or other legislative bod y of the city. [b] (c) The legislature shall [pro- vide by law for the organization and government of counties . No] not pass any law which [shall be special or local in its terms or in its effe ct , or whic h shall relate spce -iall y to one county only, shall be enacted by thc legislature] re- lates fo the organization or government of a county or counties outside the city of New To r s; unless [(a) upon the request of] (1) such law applies alilt e to all such counties: or (2) such law applies ahjje to all such counties which have not adopted alter ' native forms of government pursuant to the p rovisions of section two of this article and, if it applies also to one or more of the counties which have adopt- ed such alternative fo rms , meets the requirements of paragraph (3) of this section with regard to each of such counties; or (i) such law it requested by the board of supervisors or other elective gove rning body of each county to be affected[, or] outsid e the city of Hew Tori ; and . in any county [having] af- fected u-hic.i has an elective county executive officer under an alternative form of government [providing for an elective county executive officer , upon], the request [of the board of super- visors or other elective governing body with the concurrence of] is either con- curred in b y such executive officer [of each county to be affected: provided that if said executive officer disapproves or fails to sign a request for such pro- po sed law] or , in the abience of such concurrence within ten days of its ap- proval by the governing body, [such body may reconsider said proposed law] »J reconjideTed and [if] passed [by such governing body] by at least a two- thirds vote of all of the members [there- of , the requet by the executive officer sh al l not be required ] of such body: or [ ( h) upon] (4) the lejiilaruTe receives a certifi- cate of necessity [by] from the gov- ernor [to the legislature] reciting the facts [of such necessity existing ir. the county to be affected] uh:ch in his jud gment require the passage of such Liu. \ and subsequentl y appr.net it mth the concutrer.ee of two-tbirdi of tb.e members elected to each bouse [of the legislature]. [(c)] ( d) Thc legislature may au- thorne ' boar ds of supervisors or other elective governing r«>d. ,i of two ot more counties to provide by agreement for thc discharge within the territorial limits of such cour.ties or parti thereof of one or more governmental functions. 5 2. (a) The legislature . .hall pro- vide b y law alternative forms of govern- ment for counties [except counties wholly included in a] outside the city of >{e w Tori ; and for the submission of one or more such forms of government to the electors re-siding in such cour.ties . (b) The legislature shall also , on or before /ul y first , nineteen hundred fifty- ^te , confer by general law upon all counties outside the city oj >(eu> Tort poicer fo prepare , adopt and amend alternative forms of county gov ernment , in accordance u. -itli procedure which the legislature shall provide and may from lime to lime bv general Iau, ' amend and subject to such limitations as the legislature may by general laic from time to time empote. (c) No [such] alternative form of government shall become opciativc in any such county unless and until adopt- ed at a general election held in such county by receiving a majority of the tcui v otes cast theieoo (I J ta the art* of the county outs id e of cities and (1) in the area of the cities in the county. if any, considered as one unit , and if any such form of government provides for the transfer of any function of local government to or from [thc cities , the towns or] tb.e villages of the ccrunty, or any class thereof , it shall not take effect with respect to such transfer un- less the transfe r , or the form of gov- ernment containing it , shall also receive a majority of all the votes cast thereon in [such cities , town? ,] all the vi]]agcs[, or class thereof , as tb. e case may be] so affected considered as one unit. [(b)] (d) Any such fcrni of govern- ment shall set forth thc structure of thc county government and thc manner in which it is to function . Any such form of government may provide for the ap- pointment of any county officers or their selection by any method of nom- ination and election , or thc abolition cf their offices , and may also provide for thc exercise by the board of supervisors or other elective governing body of any powers of local legislation and adminis- tration and thc transfer of any or all of thc functions and duties of thc county and the cities, towns , villages , districts and other units of gcvcrr.mcr.t contained in such county to each other or to the state , 3nd for thc abolition of offices , departments , agencies or units of government when all of their functions arc so transferred , without regard to the provisions of this article or any other previsions of thi s constitutio n incon- sistent herewith. [(c) Except as provided in subdivi- sion (b) of section I hereof nothing herein contained shall be deemed to im- pair or restrict the existing power of the legislatuic to enact laws relating to the government of a county or the cities , towns , villages , districts or other units of government therein contained until the adoption of a form of government by such ccur.ty pursuant to subdivision (a) of this section.] (e) If under such an alternative form of gorer'i T .er- .t the bejrd of . supervisors be ctboir. shed. the powers and duties of the board of supervisors , as prescribed by the constitution cr b y statute , if not p rovided for fr y such form of goi-ern- r- .ent shail devolve upon the elective governing beef y of such county. [(d)] If ) After thc adoption of [a] an alternative form of government by a county pursuant to [subdivision (a) of] this section , no law [enacted pursuant to subdivision (b) of section 1 hereof] which does not appl y ali^e to all coun- ties outside the city of T^ew Tori\ and which in its application lo such county abolishes or creates an elective office [or], changes the voting or veto power of or the method of removing an elec- tive officer , changes the term of office or reduce s thc salary of an elective offi- cer during his term of office , abolishes . transfers or curtails any power of an elective officer , or changes the form or composition of thc elective govern in g body of such county, shall become ef- fective in such county until at least sixty days after its final enactment . If within such sixty days electors of the county in number equal to at least five per centum of the total number of vctcs cast in the county for governor at the last gubernatorial election shall file a petition with thc county clerk or corre- sponding officer of thc county protest- ing against such law , it shall become effective in such county only if ap- proved by the electors [of such county] thereof at thc next ensuing general clectjqn held at least sixty days there- after , [in thc manner] subject to the conditions provided in subdivision [(a)] (c) of this section for the adop- tion of [a]an alternative form of gov- ernment. [(e) If under a form of government adopted by a county pursuant to sub- division (a) of this section the board of supervisors be abolished , thc powers and duties of the board of supervisors , as prescribed by the constitution or by statute , if not provided for by such form of government shall devolve upon the elective governing body in such county.] [(f) In a city which includes an en- tire counry, or two or more entire counties , the powers and duties of a board of supervisors may be devolved upon thc council or other legislative body of thc city.] (g) folding contained in this section shall be deemed to impair or restrict the rrtrtir- prrrer of the leg islature to en- act laws relating to lhe government of a county or the cities , toii-ns . villages , district! , or other units of government therein contained until the adoption of an alternative form of government b y such county pursuant to the pro visions of th.s section. § 4 . The legislature [shall], by gen- eral laws conforming to the conditions of paragrap h (I) or paragraph (2) of subdivision (1/ cf section one of this article . shall confer upon the boards of supervisors , or ot her governing elective hr-dic . of the several counties of the state such further power* of local legis- lator, ir.a administration as the legisla- ture r:.iy, frcrr. titr.e to time , deem ex- pedient . {Ir. counties winch r.ow have , ! or rr.4>- hereafter have , county auditors or ether fi scal o !f. ce:« , authorised to audit bills , accjsjr.ts . charges , claims or demands agatr.it thc county, the legis- lature may confe r such powers upon such auditors cr fiscal officer* , as the legislature may, from time to time , deem espedicr.t ] 5 ? . Except ir. counties 1,1 the city of New York ar.d except as authorized in seittoi tu-i cf this elide , sheriffs , deriv of 1' .unties , d;'t:,ct attorney* , ar. d reji'trti ir. cuuruc s having regis- tet > , shall be chosen by the electors of the respective counties [.] once in every three yean ar.d fas often as] uhenever the occurring of vacancies shall [hip- pen] require. Sheriffs shall hold no other office. They may be required by law to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant But the county shall never be made rcspc r.tii ' .e for the acts of tb.e sheriff . The governor may re- move any [officer , hereinbefore in this section mentioned ,] elective sheriff, count} clerb . district attorney or legister within tht -rcrm for wlnc ' i he shall have been elected, [giving] but before to doing he shall git?e to inch officer a copy of the charges against i.ir.i [,] and an opportunity of bcir. g l.c.o d in his de- fense. In each county 1:1 the city of New York a district attorney shall be chosen by the electors ence in every two or four years at thc legislatuic shall direct [and shall be subject lo removal by tb.e governor within the term lor which be shall have been elected , giving 1 si:. - ' - . e \ c;r a copy cf the ch. - .rgcs ; ;¦:.. - . .ir- .d ;rr- e?por:rr - ,:v oi be- ; ' . - ¦ ¦ . -:.. i. r i.s cc c:.:Cj. The '[dciics . : :d ss • .:; - .::c ' ¦ c. ' c . ' ; 0: e.ich c. 'unty 1 :. ' ;- c;: . of \V. . ' Ic. -i ; shall be ap- ..:: - .:- ' . a:rd be s -h- ' ect to removal , bv :. c .ip?c:...:c c.virion ol thc supreme c -i:;i ir - th, ' |c:J;c:.: i department in c - .h:. ' .: the j rc. -pec\ .:.e counties aic] c :. ::- . r< ' ocitcd. In addition to [their] I:: > - p, \ .\e:s .li d dc:t:cs as [clerks] clerl ; 0: thc sup:c:;:c court , [they] he shall ;:.i\c rower to select , draw , summon ar- .d crr - .p.ctrc! grand ar.d petit jurors ir, thc r.rar. r.cr and under thc conditions f. o vv or hcrecfter prescribed by law , ar.d she. '! have such other powers and duties as shall be prescribed by the city tio: . r tir e to t;mc bv local law . § S. ;. In counties in trre city of New York the ] The city of New York is herebv vested with power from time to tir.re [by local law ,] to abolish b y loca l Icio , as cie . * ir:ed bv the legislature , the oificc of ary county officer u-iihin the city other the. :- , nidges , clerks of coun- ties and district .ittorr.cys . and to assi gn a try or all fur.otior.s of such officers to city oiikcrs , courts or clerks of coun- ties , and to prescribe the powers , duties , qualifications, number , mode of sclec- t:on ar.d removal , terms of office and compensation of the persons holding such offices and thc employees therein , and to assign to city officers any powers or duties of clerks of counties not as- signed by this constitutio n . The legisla- ture shall not pass any law affecting any such matter ' s in relation to such othecs within the city of New Y' crk except on message from the governor declaring that an emergency exists and the concurrent action of two-thirds of thc members of each house [of thc leg- islature but], except that existing laws regarding each such office shall continue in force , ar.d may be amended or re- pealed by thc legislature as hereto fore , until thc power herein granted to the city has been exercised with respect to that office. [The elective county officers in office at the time that this article shall take effect , shall continue in office until thc end oi the terms for which they were elected.] The provisions of this article shall not prevent the legis- lature from passing general or special laws prescribing or . affecting powers and duties of such city officers or such courts or clerks to whom or which func- tions of such county officers shall have been so assigned , in so far as such powers or duties embrace subjects not relating to property, affairs or govern- ment of such city. § 9. All city, town and village offi- cers [,] whose election or appointment is not provided for by this constitution shall be elected by thc electors of such cities , towns and villages, or of some division thereo f , or appointed b y such authorities thereof , as the legislature shall designate for that purpose. All other officers [,] whose election or ap- pointment is not provided for by this constitution [,] and all officers [,) whose offices may hereafter be created by law [,] shal l be elected by the people or appointed , as the legislature may direct. [§ 9.] It shall be the duty of the legislature to provide for thc organ- ization of cities , touins and incorporated villages , in such manner as shall secure to such cities , toums and villages the J lowers granted to cities , towns and vil- ages by this constitution and , subject to the provisions of this constitution , to restrict the power of taxation , assess- ment , borrowing money, contracting debts , and loaning the credit of such munici pal corporations , so as to prevent abuses in taxation and assessments and in contracting debt by such municipal corporation [; and the]. The legisla- ture may regulate and fix thc wages or salaries [,] and the hours of work or labor , and make provision for the pro- tection , welfare . and safety, of persons employed by the state or by any counry, city, town , village or other civil division of the state , or b y any contractor or sub-contractor performing work , labor or services lor the state £,] or for any county, city, town , village or other civil division thereof. fi 13. A. The provisions of this ar- e shall not affect any existing pro- visions of law not inconsistent with this article; but all existing charters and other l aws , so far as not inconsistent with this article , shall continue in force until repealed , amended , modified or superseded in accordance with the pro- visions of this article. B . Nothing in sections eleven to six- teen inclusive of this article [contained] shall apply to or affect or be deemed to restrict the power of the legislature in relation to (a) the maintenance , sup- port or administration of the public school systems in any city, as required or provided by article eleven of this constitution , or any retirement system pertaining to such public school system or systems , (b) counties [not wholly contained within a] outside the city of X ew f ork, (c) counties [wholl y con- tained] within the city of New York , except to the extent provided by section eight of this article , or (d) the courts as required or provided by article six of this constitution. Rcioived (if the Assembly concur). That the foregoing amendments be re- ferred to the first regular legislative session convening after the next suc- ceeding election of members of the as- sembly and , in conformity with section one of article nineteen of thc constitu- tion , be published for three months previous to the time of such election. PROPOSED AMENDMENT NUMBER TWELV E CONCURRENT RESOLUTION OP THE SENATE AND ASSEMBLY Proposing* amendments! to article four of the constitution , in rela- tion to (he election of governor and lieutenant-governor , and to article five , in relation to vacan- ciea in the office of comptroller and attorney-general Section I. Resolved (if the Senate concur). That section one of articl e four of the constitution be amended to read as follows r Section 1. The erecutivc power shall t\ fj ' r L * ted i n t he K° vcrror . »ho shall hold his office for four yesrs; the lieu- ter.art-g-wernor shall be chosen at th' same time , and for ' the safhe term . The governor and lieutenant-governor shall be chosen at the genera! election held in the year nineteen hundred thirty- eight , and each fourth year thereafter They shad be chosen jo intl y, b y the t«:;- .isj b y each vor>r of a nn glc vote dfp..c<jj.!e to both offices , and the legis- lature by law shall provide for making iu.n choice in such manner . The re- i' : . 'fur ptnosi {respective}- ,J hf . ir.g the svtgheat ovusbcr of votes cajt (mr.tiv for them for governor and lieutenant- governor respectivel y shall be elected. g 2. Section one of article five ot the constitution is hereby amended to read as follows: Section I. The comptroller and at- toincv-ger.cr.il shall be chosen at thc same general election as the governor and hold office for thc same term , and shall po s sess thc qualifications provided in section 2 of article IV . The legisla- ture shall provide for filling vacancies in the office of comptroller and of attor- wey-genera l . K° flection 0/3 comptroller or an aftomey-gfnfra l shall be baa except at the ' time of electing a gov- ernor . Thc comptroller shall be required: (1) To audit all vouchers before pay- ment and all official accounts: (!) to audit the accrual and collection of all revenues and recei pts: and (3) to pre- scribe * such methods of accounting as arc necessary for thc performance of the foregoing duties. Thc payment of anv money of the state , or of any money under its control , or the refund of any money paid to thc state , except upon audit by the comptroller , shall be void , ar.d may be restrained upon the suit of any taxpayer with the consent of the supreme court in appcilate divi- sion on notice to thc attorney-general. In such respect thc legislature shall de- fine his powers and duties and may also assign to him superv ision of thc ac- counts of any political subdivision of thc sfatc , but shall assign to him no administrative duties , excepting such as may be incidental to thc performance of these functions , any other provision of this constitution to thc contrary not- withstanding. § J. Resolved (if the Senate concur), That the foregoing amendments be re-' fcrred to the first regular legislative session convening after thc next suc- ceeding general election of members of thc assembly and , in conformity with section one of article nineteen of the constitution , be published for three months previous to the time of such election. PROPOSED AMENDMENT NUMBER THIRTEEN CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY Proposing an amendment to section one of article five of the constitu- tion, in relation to the powers and duties of the comptroller Section 1. Resol ved (if the Assembly concur). That section one of article five of the constitution be amended to read as follows: Section 1. The comptroller and at- torney-general shall be chosen at the same general election as the governor and hold office for thc same term , and shall possess the qualifications provided in section 2 of article IV. The comp- troller shall be required: (1) To audit all vouchers be fore payment and all official accounts; (2) to audit the ac- crual and collection of all revenues and . receipts; and (J) to prescribe such methods of accounting as are necessary for the performance of the foregoing duties. The payment of any money of: the state , or of any money under its control , or the refund of any money paid to the state , except upon audit by the comptroller , shall be void , and may be restrained upon the suit of any tax- payer with thc consent of the supreme court in appellate division on notice to the attorney-general . In such respect the legislature shall define his powers and duties and may also assign to him: (I) supervision of thc accounts of any political subdivision of the state {. but]; and (2) powers and duties pertaining to or connected with the assessment and ' taxation of real estate including deter- mination of ratios uvhirft the assessed valuation of taxable real property bears to the full valuation thereof but not including any of those powers and du- ties reserved to officers of a county, city,, toum or Tillage by section eight? of article nine of this constitution . Th« legislature shall assign to him no admin- , istrative duties , excepting such as may be incidental to the performance of these functions , any other provision of this constitution to the contrary not- withstanding. § 2. Resolved (if the Assembl y con- cur), That the foregoing amendment be referred to the first regular leg islative session convening after the next suc- ceeding general election of members of assembly, and , in conformity with sec- tion one of article nineteen of the con- stitution , be published for three months previous to the time of such election . PR O P OS ED AME N DME N T NUMBER FOURTEEN C ONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY Proposing amendments to article four of the constitution , in rela- tion to the election of governor aad lieutenant-governor , and to article five , in relation to vacan- cies in the office of comptroller and attorney-general Section 1. Resolved (if the Assem- bly concur). That sccticm one of article four of thc constitution be amended to read as follows : Section 1. Thc executive power shall be vested in the governor , who shall hold his office for four years; the lieu- tenant-govcrr.or shall be cho-cr. at tire same time , and for the same term. Thc governor and licutcnant-govcrr.or shall be chosen at the genera! election held in thc year nineteen hundred thirty- eight , and each fourth year thereafter. They shall be chosen jointl y, by lhe casting b y each voter of a sinz ' e vote applicable to both offices , and the legis- lature b y Iau- shall provide for naiVing such choice in such manner . The re- spective persons [respectivel y] having the highest number of vote* cast joiitl y for them for governor ar.d lieutenant- governor Tfjptclivel y shall be elected. ( 2. Section one of article five of the constitution is hereby amended to read as follows ; Section 1. Ti.e comptroller ar.d at- torney-generj] ^ shall be chosen at the same general election as the governor and hold office for the same term , and shall possess the qualifications provided in section 2 of aititle IV . The legisla- ture shall provide for fillin g vacancies in the office of comptroller and of etro»- ney-general. Ko f ' eclson cf a cumf- .troi- ler of an a:lorr.eyy, en(ra ' . shall be hid except at the l.me of electing a %oveir - >r . The comptroller shall be ircjsij reJ: (1) To a'idit all vouchers before rc , :„t; t ar. d ail official account' ; (2) to audit the accrual ar. d collection <vf all le. - enues ar.d receipts , and (3) to pte^ribe soc h method s 01 accotjr.tirg r \ arc v.tc- ::-/ f ~ t •!• •« ?£lf5rau, r. i. e c? tie ' .in- going duties. The payment of tiny monev of thc state , or of any money under its control , or thc refund of any money paid to the state , except upon audit by thc comptroller , shall be void , and may be restrained upon the suit of any taxpayer with the consent of the supreme court in appellate division on notice to thc attorney-general. In such respect thc leg islature shall define his powers and duties and may also assign to him supervision of thc accounts of any political subdivision of thc state , but shal l assign to him no administrative duties , excepting such as may be inci- dental to thc performance of these functions , any other provision of this constitution to the contrary notwith- standing. § 3. Resolved (if thc Assembl y con- cur) . That the foregoing amendments be referred to thc next regular legisla- tive session convening after thc succeed- ing general election of thc members of thc assembly and , in conformity with section one of article nineteen of thc constitution , be published for tnrc £ months previous to thc time of such election. PROPO.SED AMENDMENT NUMBER FIFTEEN CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY Proposing amendmenfs to article eight of the constitution , in rela- tion to the power of counties, cities , towns, villages and certain school districts to contract in- debtedness and to raise taxes upon real estate Section 1. Resolved (if thc Assembly concur). That section two of article ei g ht of the constitution be amended to read as follows : § 2 . No county, city, tow n, village or school district shall contract any in- debtedness except for county, city, town , village or school district purpose s , respectively. No indebtedness shall be contracted for longer than thc period of probable usefulness of thc object or purpose for which such indebtedness is to be contracted , to be determined by or pursuant to general or special laws , which determination shall be conclusive , and in no event for longer than forty years . No indebtedness hereafter con- tracted or any portion thereof shall be refunded beyond such period computed from the date such indebtedness was contracted . Indebtedness heretofore con- tracted may be refunded only with the approval of and on terms and condi- tions prescribed by the state comptrol- ler , but in no event for a period exceed- ing twenty years from the date of such refunding. No indebtedness shall be contracted by any county, city, town , village or school district unless such county, city, town , village or school district shall have pledged its faith and credit for the payment of the principal thereof and thc interest th ereon. Except for indebtedness contracted in anticipation of the collection of taxes actually levied and uncollected or to be levied for the year when such indebtedness is con- tracted and indebtedness contracted to be paid in one of the two fiscal years immediately succeeding the fiscal year in which such indebtedness was con- tracted , all such indebtedness and each portion thereof from time to time con- tracted,, including any refunding there- of , shall be paid in annual instalments , the first of which , except in thc case of refunding of indebtedness heretofore contracted , shall be paid not more than two years after such indebtednes s or portion thereof shall have been con- tracted , and no installment , except in thc case of refunding of indebtedness heretofore contracted , shall be more than fifty per centum in excess of the smallest prior installment. Notwithstanding the foregoing pro- visions , indebtedness contracted by the city of New York and each portion of any such indebtedness from time to time so contracted for the supply of water , including the acquisitio n of land in connection with such purpose , may be financed cither by serial bonds with a maximum maturity of fifty years , in which case such indebtedness shall be paid in annual installments as herein- before provided , or by sinking fund bonds with a maximum maturity of fifty years , which shall be redeemed through annual contributions to sinking funds established and maintained for the purpose of amortising the indebt- edness tor which such bonds arc issued . Notwithstanding the foregoing pro- visions , indebtedness hereafter contract- ed b y the city of New York and each portion of any such indebtedness from time to time so contracted for (a) the acquisition , construction or equipment! of rapid transit railroads , or (b) the construction of docks , including the acqui«ition of land in connection with; any of such purposes , may be financed either by seria] bonds with a maximum maturity of forty years , in which case such indebtedness shall be paid in an- nual installments as hcrcintc forc pro- vided , or by sinking fund bonds with a , maximum maturity of forty years , which shall be redeemed through annual con- tributions to sinking funds established! ar.d maintained for thc purpose of| amortising the indebtedness for which such bonds are issued Provision shall be made annually by, appropriation by every county, city, town , village and school district for ' the payment of interest on all indebt- edness and for the amounts required foi (a) the amortisation and redemp- tio n of term bonds , sinking fund bonds and serial bonds , (b) the redemption ' 'j i certificates or other evidence of in- debtedness [,] (except those isiued in anticipation of the collection of taxes or other revenues , or renewals thereof, and which are described in paragraph A of section five of this article and those issued in anticipation of the receipt of the proceeds of the sale of bonds theretofore authorized [,]) con- tracted to be paid in such year out of the tax levy or other revenues appli- cable to a reduction thereof , and (c) the redemption of certificates or other evidence of indebtedness issued in an- ticipation of the col lection of taxes or other revenuei , or renewals thereof . which are not retired within five yean after their date of original issue . If »t any time the respective appropri sting authorities shal l fail to make such appropnatiors . a sufficient sum shall be set apart from the first revenues thereafter received and shall be applied to «uch purposes . The fiscal officer of w.y county, city. town . village<.r school district may be reqmred to set apart • IBVI »pp i v jncn revenues as aforesaid at the suit of any holder of obligation. M»i*d lot my euea iadebtedoctt. § 2. Resolved (if the Assembly con' cur), That section four of article ei g ht of the constitution be amended to read as follows: § 4. Except as otherwise provided in this constitution , no county, city, town , village or school district desc ribed in- this section shall be allowed to contract indebtedness for any purpose or in any manner which , including existing indebtedness , shall exceed an amount equal to the following percentages of thc average full valuation of taxable real estate of such county, city, town , village or school district: (a) thc county of Nassau , for county -urposes , ten per centum; (b) any county, other than the county of Nassau , for county purposes , seven per centum; (c) the city of New York , for city purposes , ten per centum; (d) any city, other than the city , of New York , having one hundred twenty-five thousand or more inhab- itants according to the latest federal - census , for city purposes , nine per cen- tum; provided , however , that if a. prop- , osition in relation to taxing and debt ' contracting powers pursuant to section eleven-a of this article is approved , such percentage shall be dividea as f ollows : 1. the city, for city purpojes , six per centum , ) 2. the school district in the city, for school district purposes , three per cen- tum; (e) any city having less than one hundre d twenty-five thousand inhab- itants according to the latest federal census , for city purposes , [excluding education purposes ,] seven per cen- tum: (f) any town , for town purposea , seven per centum; (g) any village , for village pur- poses , seven per centum; and (h) any school district which ia coterminous with , or partly within , or wholly within , a dry having less than one hundred twenty-five thousand in- habitants according to the latest federal census , for [education] school district purposes , five per centum; provided , however , that indebtedness may be con' traded in excess of such Ifnjitati ' on [may be increased in relation to indebtedness] for specified objects or purposes with (1) the approving vote of sixty per centum or more of the duly qualified voters of such school district voting on a proposition therefore submitted at a general or special election , (2) the consent of the regents of thc university of the state of New York and (3) the consent of the state comptroller . Th e legislature shall prescribe by law the qualifications for voting at any such election. Except as otherwise provided in this constitutio n , any indebtedness contracted in excess of the respective limitations prescribed in this section shall be void. In ascertaining the power of any city having less than one hundred twenty-five thousand inhabitants accord- ing to the latest federal census to con- tract indebtedness , indebtedness [here- tofore] contracted by such city for (education] school purposes prior t# anitary first , nineteen hundred fifty tuo . shall be excluded. Such indebted- ness so excluded shall be included in asce rtaining the power of a school district which is coterminous with , or partly within , or wholly within , s uch city to contract indebtedness. The legis- lature shall prescribe by law the manner by which the amount of such indebted- ness shall be determined and allocated among such school districts . Such law may provide that such dete rminations and alloeations shall be conclusive if made or approved by the state comp- troller. In any city having one hundred twenty-five thousand or more inhab- itants according to the latest federal census , in which a proposition in re- lation to taxing and debt contracting pou'ers p ursuant to section eleven-a of this article is approved, and after sep- arate limitations on debt contracting poiverj become effective , indebtedness contracted by such city for school pur- poses shall be excluded in ascertainin g the power of the city to contract in- debtedness. Such indebtedness so ex- cluded shall he included in ascertaining the power of the school district in the city to contract indebtedness. The legis- lature shall pr escribe b y law the manner by uhich the amount of such indebted- ness shall be determined and allocated to the achool district. Such law nay provide that such determination! and allocations shall be conclusive if made or approved by the stare comptroller . In ascertaining the power of a school district described in this section to con- tract indebtedness , certificates or other evidences of indebtedness described in paragraph A of section five of this article shall be excluded The average full valuation of taxable real estate of any such county, city, town , village or school district shall be •Jetermmed in the manner prescribed in section ten of this article. Nothing contained in this section shall be deemed to restrict the powers granted to the legislature by other pro- visions of this constitution to further restrict the powers of any county, city, town , village or school district to con - tract indebtedness. 5 '• Resolved (if the Assembly con- cur), rhat paragraph A of section five of article eight of the constitution be amended to read as follows : A. Certificates or other evidences of indebtedness (except serial bonds of an issue having a maximum maturity of more than two years ) issued for pur- poses other than the financing of capital improvements and contracted ' to be redeemed in one 0/ the two f iscal years immediatel y succeeding the year of their issue , and certificate * or other tvidences ot indebtedness Issued in any fiscal year in anticipation of (a) the collec- fL?,.-? r M on '3. * 1 f,u te for 'mounts theretofore actually levied and uncol- lected or to be levied in tuth year and u^IvihU U r ° f ,UC u h '*\' • (•») money . M.l , f ? m lhe ,tale which have theretofore been apportioned by the Sifsn^ Ch We r ° be t° »r>P°«'oned within, one y t * ,fte r their , ! „ ue and A 1 IS A ^ oIU 2 ,on of f»T other taxes due and payable or to become due and payable w.thin one year or of other revenues to be received within one I™ * (t \ Mr i.sue ; excepting any nS tJT'fic iUs or other evidenw. of indebtedness or renewal s theien f «,Ki,k are not retired within five years a fter their date of ori ginal issue. , J. ^'\' M <»' the Assembl y con - cur). That aecuon seve n of article eight of the coaititutioa be amended to read as follows: § 7. In ascertaining the tw the city of New York to r debtedness , in addition to TK?^ edness excluded by «cctinn f lao article , there .hall L cSfd * ^' . C A - Indebtedness (except fL improvements) not cxccedL L' of one per centum of the a „ sessed valuation of real estate jrl? laxauou uctermined as nrn- rii. . •section four of this article ft 'have been issued certificates ,, \ ;evidences of indebtedness to L . deemed out of the tax W 1 * .year next succeeding the year 1 tissue.] ui ' i P nor to the first day of j M * teen hundre d ten , for dock i£ jpropottionatcly to thc cxtcnt r > ;the current net revenues received I, ;city therefrom shall meet the A on and the annual requirerr.cr \ , J the amortization of such indebte d The legislature shall preKn ^ method by which and the term ; conditions under which the atao- - . any such indebtedness to be so Mf i shall be determined , and no sJ debtedness shall be excluded etcet accordance with such detcrrr^ The legislature may confer app™ jurisdiction on thc appellate divi* the supreme court in the first its department for the purpose \ cf j mining the amount of any suc j. debtedness to be so excluded [C] B. The aggregate of fcj edness initially contracted frcE 1 to time afte r January first , rlra hundred twenty-ei ght, \ for the coo* tion or equipment , or both , of \ rapid transit railroads , not ' eie - tp . the sum of three hundred million 1 liars . Any indebtedness thereafter ! itracted in excess of such sum for i [purposes shall not be so exciwiti , this provision shall not be construe prevent the refunding of any oi indebtedness excluded hereunder . ' {D.] C. The aggregate of xi edness initiall y contracted from ta Jtime after January first , nineteen I dred fifty, for the construact , i construction and equipment of . hospitals , not exceeding the wa lone hundred fifty million collars. ; 'indebtedness thereafter cor.trscat ' . excess o£ such sum for such pars other than indebtedness contract] . re fund indebtedness excluded pn !to this paragraph , shall not be» ' eluded. [E.] D. The agfircfjate of m edness initially contracted frott ta time a fter January first , r.ir.rttti l dred fifty-two , for thc construcM equipment of new rap id trar.sr roads , including extensions of irij connections with and between en rapid transit railroads or pen thereof , and reconstruction ar.d « ment of existing rapid transit rsiri not exceeding the sum cf five ha million dollars. Any indcbtedncall after contracted in excess of sua for such purposes , other than la edness contracted to refund uidd ness excluded pursuant to thii ] graph , shall not be so excluded. [F.] E. Indebtedness cor.trasd school purposes , evidenced by beta thl\ extent to which state aid fcti tnon schools , not exceeding two ti five hundre d thousand doilan , 1 meet thc intere st and the anna! quirements for thc amortitatics payment of part cr all of one re! issues of such bonds . Such ait shall be effective only during a I year of the city in which its en budget provides for the parse! such debt service from such state The legislature shall rtcscrfbe by the manner by which the amoucttf such exclusion shall be cctcrmistt such indebtedness shall not be ad hereunder except in as - sordina ' the determination so prescribed. I law may provide than any suei a rnination shall be conclusive if «al approved by the state comptrolk § 5. Resolved (if the Assaabii i cur), That section ten of araw i of the constitution be amended to 1 as follows : § -10. Hereafter , in any coun.7, 1 Milage or school district desoi* this section , the amount to bt f by tax on real estate in any fiscal! in addition to providing for rJiej* on and the principal ot all mdebtea shall not exceed an amount f?a the fol lowing percentages of twi age full valuation of taxable ten « of such coun ty, city, village or* district , leu the 1 taxes Itvw amount to be raised by tit » estate in such year lor thc pa)'«* thc inte rest on and redemption a bficates or other evidence of 1™ ness described in paragrap h! A* of section five ol this a rticle . « newals thereoff, ar. j certiociw othe r evidence of mdrbtcdr.est (0 seria! bonds of an issue havmf ' 8 mum maturity of m -le thin Wl 1 issued for purps.> e -s other tut financing of capital irnpr.iyenew ' contracted to be icdcctr.cd in w the two fiscal years i.xniediitt.f ¦ ccedin£ the year of their issue;: ¦ i (a) any county, for sour.ty piaj one and one-half per ecntum: P«« however , that the legislature w\ i»cribe a method by which surt ' ratio n may be incrca«cd to not to» two per centum; (b) any city [of] hax ^t «£ dred twenty-five tl. ou- .ind or nw habitants according t . the .»\»• '\ census , for city puipuse* , t»'° r° turn; , M provided , however , flu! i| J r 'T in relation to taxmt aid \'* tractitlg potrers pu rsuant » e ltven-a of this arm> is ^\ m '^ percentage shall be Aw id\ a • ¦ 1. the citv . for ,.:v ri- ' f\* and one-tenth per ccrta \ . _ 2. the school dnr- i \\\' J .criool district ptirpu'r* , n\\'\ One her centum: - ,| and. provided f urthe r tf «t '£ ef, or subsequent t\ the c ,p ^ such a propositi on , fif n'v * ' , j district limttiifif irn or \ ; ^ fr ' ^ may be estaWi sh< - il a: '' ¦ \ ' , f „ t one and thirty -fire livrd rrf \ i _ turn for city r«-\ . -.srt <>'^ , J fifteen hundreds f ¦ \ ,,,r \C tf , district purpo ses , v ' . ' ¦ •; the i ,t ^ the voters at a cm\ 1 , \' >, tion in any yea r 11 f ' ¦' '• scribed by lau; , , (c) any city [of] •<*\**£* ' one hundred twtniyrivc t,inu« ^ itants according t\ '\ \\ t tt {,i census , for city r , , ,i r°' f! ' a na education purpose- . \ < t'*11 r (d) any village , fcr - ¦*&*
