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any other officer, clerk, agent or employee under said govern. ment, or any civil division or city thereof, to pay or promise to pay any political assessment, subscription or contribution. Every said officer, agent, clerk or employee who may have charge or control in any building, office or room occupied for any purpose of said government, or any said division or city thereof, is hereby authorized to prohibit the entry of any person, and he shall not knowingly permit any person to enter the same for the purpose of therein making, collecting, receiving or giving notice of any political assessment, subscription or contribution; and no person shall enter or remain in any said office, building or room, or send or direct any letter or other writing thereto, for the purpose of giving notice of, demanding or collecting a political assess. ment, nor shall any person therein give notice of, demand, collect or receive any such assessment, subscription or contribution; and no person shall prepare or make out, or take any part in preparing or making out, any political assessment, subscription or contribution with the intent that the same shall be sent or presented to or collected of any officer, agent or employee, subject to the provisions of this act, under the government of the state of New York, or that of any civil division or city thereof, and no person shall knowingly send or present any political assess ment, subscription or contribution to or request its paynient of any said officer, agent or employee. Any person who shall be guilty of violating any provision of this section shall be deemed guilty of a misdemeanor.

$ 25. Officers or candidates not to promise influence, et cetera; “public officer” and “public employee" defined.—Whoever, while holding any public office, or in nomination for, or while seeking a nomination or appointment for any public office, shall corruptly use or promise to use, whether directly or indirectly, any official authority or influence (whether then possessed or merely anticipated) in the way of conferring upon any person; or in order to secure or aid any person in securing any office or public employment, or any nomination, confirmation, promotion or increase of salary, upon the consideration or condition that the vote or political influence or action of the last named person, or any other, shall be given or used in behalf of any candidate, officer or party, or upon any other corrupt condition or consideration, shall be deemed guilty of bribery or an attempt at bribery. And whoever, being a public officer, or having or claiming to have any authority or influence for or affecting the nomination, public employment, confirmation, promotion, removal or increase or decrease of salary of any public officer, shall corruptly use, or promise, or threaten to use any such authority or influence, di. rectly or indirectly, in order to coerce or persuade the vote or political action of any citizen or the removal, discharge or promotion of any officer or public employee, or upon any other corrupt consideration, shall also be guilty of bribery or of an attempt at bribery. Every person found guilty of such bribery, or an attempt to commit the same, as aforesaid, shall, upon conviction thereof, be liable to be punished by a fine of not less than one hundred dollars nor more than three thousand dollars, or to be imprisoned not less than ten days nor more than two years, or to both said fine and said imprisonment in the discretion of the court. The phrase “public officer” shall be held to include all public officials in this state, whether paid directly or indirectly from the public treasury of the state, or from that of any civil division thereof, or by fees or otherwise; and the phrase “public employee” shall be held to include every person not being an officer who is paid from any said treasury.

§ 26. Attendance of witnesses; fees.-Witnesses and officers to subpoena and secure the attendance of witnesses before said commission, shall be entitled to the same fees as are allowed witnesses in civil cases in courts of record. Such fees need not be prepaid, but the comptroller shall draw his warrant for the payment of the amount thereof, when the same shall have been certified to by the president of the commission, and duly proved by affidavit or otherwise to the satisfaction of the said comptroller; and all state, county, town, municipal and other officers and their deputies, clerks, subordinates and employees shall afford the said board all reasonable facilities in conducting the inquiries specified in this act, and give inspection to said board of all books, papers and documents belonging, or in any way appertaining to the respective offices, and shall also produce said books and papers, and shall attend and testify when required to do so by said commission.

$ 27. Taxpayer's action. The right of any taxpayer to bring an action to restrain the payment of compensation to any person appointed to or holding any office, or place or employment in violation of any of the provisions of this act, shall not be limited or denied by reason of the fact that said office, or place or employ. ment shall have been classified as, or determined to be, not subject to competitive examination; provided, however, that any judgment or injunction granted or made in any such action shall be prospective only, and shall not affect payments already made or due to such persons by the proper disbursing officers, in accordance with the civil service rules in force at the time of such payments.

§ 28. Saving clause.-All rules, regulations and classifications for appointment or promotion in the civil service of the state or any city or civil division thereof, not inconsistent with the provisions of this act, established with the approval of the governor or the state commission under authority of law prior to the passage of this act, shall continue in full force and effect until annulled or amended pursuant to the provisions of this act; and the state civil service commissioners and the municipal civil service com. missioners of any city, now in office, appointed or designated under the provisions of law prior to the passage of this act, shall continue in office until their successors are appointed and qualify, and shall have the same tenure and all the powers and duties which they would have if appointed under the provisions of this act. All merit and eligible lists of persons examined prior to the passage of this act, under the civil service rules and regulations in force at the time of such examination, shall be contin. ued in full force and effect as if formed under the provisions of this act, subject, however, to such reasonable regulation and re vision as the rules shall prescribe.

§ 29. Repeal.-Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed. All other acts or parts of acts, whether general, special or local, and all rules, regulations and classifications for appointment or promo tion in the civil service of the state or any civil division thereof, inconsistent with the provisions of this act are hereby repealed; provided, however, that any act done or right accruing, accrued or acquired, or liability, penalty, or punishment incurred prior to the passage of this act shall not be affected or impaired; but the same may be asserted, enforced, prosecuted or inflicted as fully, and to the same extent, as if the several acts herein referred to had not been amended or repealed.

§ 30. When to take effect.—This act shall take effect immediately.


464 ....


Laws of.

...... 354 .....

All. 1884 .. . . . . . . . . . . . . . . . ....

...... 312 .... ............... All. 1881 ...... ..... 357 .....

All. 1884 410

All. 1886 ...... ...... 29 ....

All. 1887 ....

...... 1888 ....

119 ............... 1890 ......

..... 67 ..... 1892.

All. 1894 ......

All. 1894 ...... 716 .....

All. 1894

..... 717 .....
.... 344

...... All.
1896 ......
..... 821 ......

..... All. 1897 ... 428 .....

.. All. 1898

..... 184 ....... ........ All.
..... 186 ..................... All. .

681 .....

1898 ..

Chap. 371.
AN ACT to regulate the laying and using of street surface rail-

road tracks upon Amsterdam avenue, in the city of New York,
for the greater safety of the lives and limbs of the citizens of
said city.

Accepted by the city.
Became a law April 19, 1899, with the approval of the Governor. Passed,

three-fifths being present.
The People of the State of New York, represented in Senate
and Assembly, do enact as follows:

Section 1. It shall not be lawful to operate upon Amsterdam uponaved avenue, between Seventy-second street and One Hundred and

Twenty-fifth street, in the borough of Manhattan in the city of New York, any street surface railroad upon the road or tracks of any street surface railroad company by any motive power other than horse power, unless the tracks or rails upon which said road is or shall be operated are so located in said avenue that they shall be at all points at least twenty feet distant from the nearest curb line of said avenue,

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versies as la to rights.

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§ 2. Any street surface railroad company having a valid right to Right to a operate a street surface railroad by any power other than horse tracks of power upon the portion of Amsterdam avenue lying between panies Seventy-second street and One Hundred and Twenty-fifth street, shall have the right to place one or more of its rails between the rails or use the tracks of any other company operating on that portion of Amsterdam avenue, subject to the provisions of the first section of this act.

§ 3. This act shall not be construed so as to authorize the Change of change of motive power on any street surface railroad in the power. city of New York, without a due compliance with all the require ments of law relating thereto.

§ 4. If any controversy arises as to the respective rights, if any, Contro of the Ninth Avenue Railroad Company, or its lessee, and of the horreterForty-second Street, Manhattanville and Saint Nicholas Avenue Railway Company to the use of the said portion of Amsterdam avenue for railroad purposes, or to locate within or to use the tracks of the other company, it shall be determined by the supreme court, in an action to be brought by either of said companies, with the right of appeal to the appellate division and to the court of appeals; and the court shall determine whether it is practicable and for the public good that both companies shall use the same tracks, and if so, on what terms, the compensation to be fixed and determined by a jury in said action. If it appears impracti. cable for both railroad companies to use the same tracks, the court shall determine, with like right of appeal, which company shall have the exclusive use of that portion of the avenue and the compensation to be paid by it to the other railroad company on account of its exclusion therefrom, such compensation to be fixed by a jury, or by not less than three commissioners to be appointed by the supreme court. Nothing in this section shall limit or affect the operation of the first section of this act. Nor shall any. Power as to thing contained in this act, be construed as conferring any fran- of fran. chise or authority to construct or operate a railroad upon said avenue, not heretofore conferred, nor to withdraw in such action from said court the question of the right of any party to such action to occupy said avenue or any part thereof with its tracks nor the question of its right to the manner in or motive power by which it proposes to operate its railroad.

$ 5. This act shall take effect immediately.


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chise, etc.

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