網頁圖片
PDF
ePub 版
[graphic]

MAPS OF NEW YORK STATE, SHOWING (above) THE FORTY-THREE CONGRESSIONAL DISTRICTS AND (below) THE NINE JUDICIAL

DISTRICTS

districts may be changed. Each county except Hamilton is entitled to one assemblyman. The number of people represented by an assemblyman is ascertained by dividing the total population entitled to representation by 150. If a county contains a population equal to one and one half times the number represented by an assemblyman, the county is given two members. The remaining members are apportioned among those counties having a population equal to or greater than that represented by two assemblymen. Assemblymen are elected annually by the direct vote of the qualified voters of the district. The annual salary is $1500. If more than one assemblyman is assigned to a county, the county is divided into assembly districts (see map, p. 87).

The Speaker: his Election. The first step in the election of the speaker is the calling of a caucus, or meeting, of all the assemblymen belonging to the political party having a majority of the members elected to the assembly. The purpose of this caucus is to consider who shall be the candidate of the majority party. When a choice is finally made by the caucus, all members of the party feel bound to support the caucus candidate when he has been placed in nomination before the full assembly. By this method it will be seen that the speaker is actually chosen by a majority of the majority party, and that it is possible for thirty-nine members to determine who shall be the speaker of the assembly. Owing to the great power which the speaker exercises over legislation, it is a question if better results would not be obtained by changing either our method of selection, electing the speaker by popular vote of the whole state, or by eliminating all of his present powers and duties other than those of a presiding officer, giving him a vote only in case of a tie.

The Speaker: his Powers. The speaker of the assembly appoints the standing committees, of which there are about thirty, the more important being the committee of ways and means, judiciary, cities, railroads, education, taxation, health, banks, insurance, and rules. There are three sources of the speaker's power, and these give him practical control over legislation. These are (1) his power to appoint committees which are made up of a majority selected from his own political party; (2) his power of recognition of members who wish to speak upon any measure before the assembly, giving preference to those having similar views to his own; and (3) his power as chairman of the committee on rules, which enables him to determine almost absolutely what legislation shall be considered in the closing days of the session.

Majority and Minority Leaders. Legislation is directed from the floor of the assembly by the majority leader, who is chairman of the committee of ways and means. This is a responsible position and calls for the highest qualities of leadership. The minority party also chooses a leader to direct the action of the members of the minority.

Assembly Officers. The principal officers of the assembly are (1) the speaker, who presides over the meetings and appoints the assembly committees; (2) the clerk, who records the proceedings; (3) the sergeant at arms, who preserves order; (4) the librarian; and (5) the doorkeeper. Of these, only the speaker is a member of the assembly. He is elected by the assembly for a term of one year.

The Senate. The number of senators is fifty-one,1 apportioned on the basis of population. The senate districts, like the assembly districts, are to be changed after every state

1 Laws of 1907.

census, so that they shall so far as possible contain an equal number of citizens, excluding aliens. Senators, like assemblymen, are elected by direct vote of the people. Senate districts must consist of contiguous territory, and no county can be divided unless entitled to two or more senators. Officers of the Senate. The lieutenant governor is ex officio president of the senate. As presiding officer he has no vote except in case of a tie. A president pro tempore is chosen by the senate from its own number to preside in the absence of the lieutenant governor. He is chosen by the senators in the same manner as the speaker is chosen in the assembly, but has none of the latter's power other than that of recognition of senators desiring to obtain the floor for debate. The other officers are similar to those of the assembly, with similar duties. The standing committees are similar to those of the assembly.

Members: Qualifications, Term, etc. The only qualification imposed by the constitution for membership in the state legislature is that the candidate shall not, at the time of his election or within one hundred days previous thereto, hold any federal or city office; and the acceptance of such office after election shall vacate the member's seat in the legislature. Senators are elected for a term of two years, assemblymen for one; and both receive a salary of $1500 per year, with an allowance of ten cents per mile for traveling expenses to and from the capital once during the session. As in Congress, members of the state legislature are not to be questioned in any other place for anything they may say in debate in the house.

Sessions. The sessions of the legislature are annual and begin the first Wednesday in January. No time limit is fixed, but the legislature usually adjourns the latter part of March or the first of April. Special sessions may

be called at any time by the governor. In many states the legislature meets but once in two years, and then the sessions are limited to thirty, sixty, or ninety days. Is this a wise plan? Discuss fully.

Procedure. The rules for conducting business are partly prescribed by the constitution. A quorum usually consists of a majority of the members elected to each house, but when a bill imposing, perpetuating, or renewing a tax, or continuing or renewing an appropriation, or releasing, discharging, or commuting a claim against the state is under final consideration, three fifths of the members must be present, and the vote must be recorded on the journal. Each house judges as to the qualifications of its members, chooses its officers, makes the necessary rules, and appoints its committees. Both houses must keep journals and publish their proceedings, except such parts as demand secrecy; and all sessions of both houses are open to the public except when the nature of the business demands secrecy. Neither house can adjourn for more than two days without the consent of the other. As in the national Congress, the work of the legislature is done by the committee system (see Chapter XXI, pp. 270-278), and the methods of obstructing and advancing legislation are the same. (See pp. 621, 635, “Red Book," 1915.)

How a Bill becomes a Law. Any legislative bill may originate in either house and may be amended by the other. The steps in the passage of a bill in each house of the state legislature are practically the same and are similar to those in Congress (see Chapter XXI, pp. 269-278). The state constitution requires in addition that a copy of the bill in its final form shall be laid on each member's desk at least "three calendar legislative days" before its final passage, unless the governor has certified to the

« 上一頁繼續 »