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Official New York from Cleveland to Hughes, Vol 3

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Official New York from Cleveland to Hughes, Vol 3 x^-6^^ s OFFICIAL N E W YORK FROM CLEVELAND TO HUGHES IN FOUR VOLUMES Editor CHARLES ELLIOTT FITCH, L. H. D. VOLUME III HURD PUBLISHING COMPANY NEW YORK AND BUFFALO 1911 o.i. Copyright, 1911, by HPRD PUBLISHDfO COMPANY yes ADVISORY COiNIMITTEE Hon. John LL.D. Joseph H. Choate, LL.D.,D.C.L. Woodward, James S. Sherman, LL. D. De Alva S. Alexander, LL.D. Hon. Cornelius N. Bliss Henry W. Hill, LL. D. Horace Porter, LL.D. WiliiamC. Morey, LL.D. Andrew D. White, LL.D.,D.C.L. Pliny T. Sexton, LL. D. David J. Hill, LL. D. M. Woolsey Stryker, D.D.,LL.D. Chauncey M. Depew, LL.D. Charles S. Symonds Hon. Horace White Hon. J. Sloat Fassett Charles Andrews, LL. D. Hon. John B. Stanclifield A. Judd Northrup, LL.D. Morgan J. O'Brien, LL.D. T. Guilford Smith, LL. D. Hon. William F. Sheehan Daniel Beach, LL.D. Hon. S. N. D. Xorth CONTENTS CHAPTER I PAGE The Legislature 13 CHAPTER n Statutory Revision 41 CHAPTER ni Albany County 45 CHAPTER IV 37th Congressional District 65 CHAPTER V Broome County 83 CHAPTER VI Cayuga County 107 CHAPTER Vn Chemung County 123 CHAPTER Vni Chenango County 131 CHAPTER IX Clinton County 139 CHAPTER X Columbia County 141 CHAPTER XI Cortland County 151 CHAPTER XII 24th Congressional District 167 CHAPTER XIII Dutchess County 171 CHAPTER XIV Erie County 179 CHAPTER XV Essex County 221 CHAPTER XVI PAGE Franklin County 225 CHAPTER XVII Fulton County 231 CHAPTER XVm Genesee County 235 CHAPTER XIX Greene Coxtnty 253 CHAl'TER XX 27th Congressional District 263 CHAPTER XXI Hamilton County 275 CHAPTER XXII Jefferson County 277 CHAPTER XXIII Kings County 291 CHAPTER XXIV Lewis County 293 CHAPTER XXV Livingston County 301 CHAPTER XXVI Madison County 315 CH.\PTER XXVII Monroe County 323 CHAPTER XXVIII Montgomery County 349 CHAPTER XXIX Nassau County 353 CHAPTER XXX Niagara County 355 CHAPTER I The Legislature By Frank B. Gilbert Chief Lain Division, Education Department is provided by the Constitution that the legislative " IT power of the State shall be vested in the Senate and Assembly." This provision was first ex- pressed in this language in the Constitution of 1821. " The Constitution of 1777 provided that the supreme legislative power within this State shall be vested in two separate and distinct bodies of men — the one to be called the Assembly of the State of New York, the other to be called the Senate of the State of New York — who together shall form the Legislature and meet at least once in every year for the despatch of business." There has never been any suggestion either by Constitutional con- ventions or by proposed Constitutional amendment to change the general character of the two bodies comprising the Legislature. Changes have been made from time to time in the number of members of each body and in the manner of their election, but the Senate and Assembly have retained their present relative positions from the organization of our State government. It is not within the scope of our present purpose to consider the historical development of our Legislature 13 OFFICIAL NEW YORK FROM CLEVELAND TO HUGHES from the beginning of its existence. It may be well, however, to merely state the changes which have been in made the membership of the two bodies, calling atten- tion to the different methods of representation. The Constitution of 1777 provided that the Senate should consist of twenty-four members, to hold office for terms of four years, and so elected that one-fourth of them went out each year. The State was divided into four districts, and a certain number of senators were assigned to each, and the Legislature was directed to cause a census to be taken and to apportion additional senators to the several districts, in proportion as near as may be to the number of qualified freeholders iii the district. The same Con- stitution fixed the number of assemblymen at 70, to be chosen each year. The number to be elected in each county was prescribed. Additional assemblymen were to be elected in each county when the number of electors increased. The Legislature was to increase such number after each census, which was to be taken every seven years. The maximum limit of senators was placed at 100 and of assemblymen at 300. No provision was made for divid- ing counties into Assembly districts. The senators were elected by the electors of their districts and the assembly- men by the electors of their county. The first Constitution was amended in 1801, and it was then enacted that the number of senators should be fixed permanently at 32, and the number of assembly- men should be 100, to be increased to 150 as the number of electors in the several counties increased. These 14 OFFICIAL NEW YORK FROM CLEVELAND TO HUGHES after each increases were to be provided for by legislation census, at the rate of two assemblymen each year. The senators were still to be elected by the electors of the entire Senatorial district, and the assemblymen by the electors of the entire county. The Constitution of 1821 increased the number that four of Senatorial districts to eight, and provided should be elected from each district. The term of office into four was four years, and they were divided classes, so that one senator should be elected annually from each district. The districts were to be readjusted after each census, to be taken at the end of every ten years from 1825. The Assembly was to consist permanently of 128 members, to be elected annually. The members were to be elected by counties. Each county was entitled to one member, and as many more as may have been apportioned, in of the proportion to the number of inhabitants, instead number of electors as in the preceding Constitution. The Constitution of 1846 made no change in the number of senators and members of Assembly. The term of office of senators was reduced from four to two first divided the years. The Constitution for the time State into Senate districts, except that where a county was entitled to more than one district the board of super- visors of such county was directed to divide the county into districts. Each district was to choose one senator. The Legislature was directed to alter the Senate districts " after each State enumeration, so that each district shall contain, so near as may be, an equal number of 15 OFFICIAL NEW YORK FROM CLEVELAND TO HUGHES inhabitants." It was directed that the members of Assembly should be apportioned by the Legislature among the counties according to their population. Where a county was entitled to more than one member, the board of supervisors of such county was to divide it into Assembly districts. One member was to be elected from each district. The number of senators and assemblymen remained as fixed by the Constitution of 1846, until increased to 50 senators and 150 assemblymen by the Constitution of 1894. The terms of office, the method of election and apportionment of such senators and assemblymen to districts and counties remained unchanged during this period of nearly 50 years, except when necessary to con- form to changes made in the government of counties. But a number of changes were suggested, both by proposed Constitutional amendment and by Constitu- tional convention, during this period. The Constitutional convention of 1867 voted to abandon the single district method of electing assemblymen, and to substitute there- for the method of electing by counties. They favored increasing the term of senators to four years, and provided that they should be divided into two classes, so that one- half of them should be elected every two years. The Constitution submitted by this convention was defeated. The Constitutional Commission of 1872 reported in favor of dividing the State into eight Senate districts and for the election of four senators in each district, for terms of 16 OFFICIAL NEW YORK FROM CLEVELAND TO HUGHES into classes so that one senator should four years, divided be elected in each district each year. and This suggestion was rejected by the Legislature was not submitted to a vote of the people. In 1888, it was proposed to extend the term of senators to three years and members of Assembly to two; in 1891, an amendment was introduced, providing for the election of senators for Neither four years and of assemblymen for two years. of these amendments were submitted to a popular vote. The Constitutional convention of 189-4 gave extensive consideration to the question of the apportionment of senators and assemblymen to the districts and counties of the State. The main point of controversy pertained different to the ratio of representation. Tiiere were many suggestions as to the number of senators and assembly- men and as to their terms of office. It was finally deter- mined that the Senate should consist of 50 members. The senators elected in the year 1895 held their offices for were to be chosen for three years, and their successors that the should two years. It was also decided Assembly consist of 150 members, to be chosen annually. There was no serious consideration of the question of abandon- ing the prevailing idea of electing senators and assembly- men by districts. The Constitution, as submitted to the vote of the State into 50 Senate j)eople and adopted, divided the districts. Each district was to elect its own senator. The Constitution definitely prescribed the boundaries of each district, and provided for the enumeration of 17 OFFICIAL NEW YORK FROM CLEVELAND TO HUGHES the inhabitants of the State in 1895, and every tenth year thereafter, and the Legislature was directed to alter the Senate districts as described in the Constitution, so that " Each Senate district shall contain, as nearly as may be, an equal number of inhabitants, exclusive of aliens, and be in as compact form as practicable, and shall remain unaltered until the return of another enumeration, and shall at all times consist of contiguous territory, and no county shall be divided in the formation of a Senate dis- trict, except to make two or more Senate districts wholly in such county." It was further provided that no county should have four or more senators unless it should have a full ratio for each senator and that no county should have more than one-third of all the senators.
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