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for years there has been this language. "No person shall,
because of race, color, creed or religion, be subjected
to any discrimination in his civil rights by any other
person or by any firm, corporation or institution or by
the state or any agency or subdivision of the state."
Now, we believe that, as the courts have inter-
preted, state action includes all of the language there,
the words "by the state".
THE CHAIRMAN: Delegate Hostetter.
DELEGATE HOSTETTER: Which Constitution of the
state of New York was this?
THE CHAIRMAN: Delegate Mitchell.
DELEGATE MITCHELL: This was the old New York
Constitution -- well, the present New York Constitution,
because the new Constitution failed of passage.
THE CHAIRMAN: Delegate Hostetter.
I DELEGATE HOSTETTER: And the date of that
was what, if you know?
THE CHAIRMAN: Delegate Mitchell.
DELEGATE MITCHELL: I think I don't have it. It
is 1938.