Yes, Douglas - I agree, except it says "...shall perform the duties".  Not become.  The president of the Senate remains a Senator.

We here in Albany have been through several of these vacancies in the Lt-Gov's seat.

			John Travis
			 Albany County Historian

-----Original Message-----
From: A LISTSERV list for discussions pertaining to New York State
history. [mailto:[log in to unmask]]On Behalf Of Doug Kellner
Sent: Thursday, February 24, 2005 12:48 PM
To: [log in to unmask]
Subject: Re: Acting N.Y. Lt. Gov. 1906


Article IV, §6 of the current State Constitution, adopted in 1938 provides
that:
"In case of vacancy in the office of lieutenant-governor alone, or if the
lieutenant governor shall be impeached, absent from the state or otherwise
unable ot discharge the duties of his office, the temporary president of the
senate shall perform all the duties of lieutenant-governor during such
vacancy or inability."

The first New York State Constitution, adopted in 1777, provided in Article
XXI:
    "That whenever the government shall be administered by the
lieutenant-governor, or he shall be unable to attend as president of the
senate, the senators shall have power to elect one of their own members to
the office of president of the senate, which he shall exercise pro hac vice.
And if, during such vacancy of the office of governor, the
lieutenant-governor shall be impeached, displaced, resign, die, or be absent
from the State, the president of the senate shall, in like manner as the
lieutenant-governor, administer the government, until others shall be
elected by the suffrage of the people, at the succeeding election."
source:  
http://www.courts.state.ny.us/history/constitutions/1777_constitution.htm

I have been unable to locate a copy of the 1894 Constitution that was in
effect in 1906, but Article IV would provide the precise text governed at
the time.  Obviously, there had been an established tradition since the time
of the Revolution (and the formation of the State Senate) that the president
pro temp of the senate would be given the title of lieutenant-governor when
the office was vacant.  It may be noteworthy that the only constitutional
duty of the lieutenant-governor has been to preside over the State Senate.


Douglas A. Kellner
Commissioner
Board of Elections in the City of New York
42 Broadway
New York, New York 10004
Tel. (212) 889-2121
Fax  (212) 684-6224





> From: "Travis, John" <[log in to unmask]>
> Reply-To: "A LISTSERV list for discussions pertaining to New York State
> history." <[log in to unmask]>
> Date: Tue, 22 Feb 2005 12:54:56 -0500
> To: [log in to unmask]
> Subject: Re: Acting N.Y. Lt. Gov. 1906
> 
> Regardless of what the website says, I do not believe there is any provision
> in the NYS Constitution that provides for the President of the Senate to
> become "Acting Lt-Governor".  She/he will be next in line. Thats all.
> 
> J Travis
> Albany County Historian
> 
> -----Original Message-----
> From: A LISTSERV list for discussions pertaining to New York State
> history. [mailto:[log in to unmask]]On Behalf Of NYHISTLED
> Sent: Tuesday, February 22, 2005 10:10 AM
> To: [log in to unmask]
> Subject: Acting N.Y. Lt. Gov. 1906
> 
> 
> The following inquiry is posted at request of Kevin Jack
> <[log in to unmask]> It concerns the status of actng
> Lieutenant-Governor John Raines, late 1906. Comments and additional
> information are welcome.
> 
> Moderator, NYHIST-L
> 
> 
> Background
> 
> "On November 6, 1906, the sitting Lt. Gov. of New York State, Mathew
> Linn Bruce, was defeated for re-election by Lewis Stuyvesant Chanler.
> On December 5, 1906, Mr. Bruce resigned as lt. gov. and was appointed a
> State Supreme Court judge by outgoing Gov. Frank Higgins.
> 
> 
> 
> According to the attached NY Times article from 1906, with Mr.
> Bruce's resignation, the long-time president pro-tem of the New
> York State Senate, John Raines of Canandaigua, became the acting Lt.
> Gov. of NYS (and would have been until January 1, 1907).
> 
> 
> 
> However, when upon checking the NYS Red Book and the Lt. Gov.'s
> official homepage,
> http://www.state.ny.us/governor/ltgov/past_history.htm, there is no
> mention of Sen. Raines having served as an acting Lt. Gov. (although a
> number of other senators who served as acting lt. gov. are listed)."
> 
> 
>