"such electors as shall then declare under oath that they are engaged in a regular vocation or occupation which will occasion their absence from the county during each of the regular days of registration.

Mr. Brackett - Mr. President, I want to ask the gentleman a question. The President-Does the gentleman yield?

Mr. Brackett-I want to ask if the word "probably" should not be inserted in the sentence "which will occasion their absence ", so that it will read "vocation or occupation which will probably occasion their absence".

Mr. Lincoln I personally have no objection to that but I think that it should be made as emphatic as possible

Mr. Brackett (interrupting) - That is true, but no man can be certain that he will be at a given place or away from a given place on given days. Mr. Lincoln I appreciate that, Senator Brackett, but at the same time it seems to me that a man would be perfectly justified in making the affidavit called for here based upon his expectation at the time he registers, and that if we use the word "probable", it may open it up a little wider than we want. Personally I won't object to it if the delegates wish.

A delegate suggests that the words "expect to be absent" or something of that sort be inserted. I have no objection to any of these suggestions, but this language had careful consideration by several gentlemen to whom I presented the amendment.

Mr. Vanderlyn - Mr. President, may we not have a little less confusion? I cannot hear anything. It is impossible to hear anything.

The President I think Mr. Vanderlyn is justified. There is so much confusion that it is impossible to hear and this is an attempt to perfect a bill in which the delegates have taken great interest.

Mr. Lincoln Mr. President, in connection with the suggestions of change of verbiage, as I say, I have no personal objection to them, but this particular amendment was carefully discussed with all, I think, of the gentlemen who had the subject under consideration at the time it was before the Convention, about three weeks ago, with the exception of Mr. John G. Saxe. He was absent at the time this was prepared. I was unable to present it to him. All of the other gentlemen with whom I did talk agreed upon the language which is contained in this amendment, and I think it perhaps is wiser to stick to the language there contained. Now, this contains one other provision which is very important, and that is the last sentence:

"Such laws shall require electors so specially registered to establish, on the first regular day of registration, their continued right to vote in the election district for which they were registered, but shall not require further personal appearance.”

That is, we require these men to come before some board in, say, June or July and there go through all the formalities of personal registration, which are required of the ordinary voter in October. But that is not sufficient. After they have done that they must still cause to be filed with the appropriate board of registration on the first day of regular registration in October, further proof that they are residents of the district, and in other ways are qualified to vote in that district. So that we have made

the requisite of personal appearance, but at a different time than the ordinary voter. We have kept the requisite of answering all the questions and going through all the formalities which every other voter has to go through, and we have in addition the requirement that upon the first day of regular registration the voter shall then furnish proof of his continued right to vote in that district. Those are the details of the bill, and it seems to me that this Convention should listen to the desires of these gentlemen, several hundred thousand in number, I am told, who are unable to vote each year because of the narrow restrictions of our Constitution and our laws at present.

Mr. Wickersham - Mr. President.

Mr. C. Nicoll - Mr. President.

The President Mr. Wickersham.

Mr. Wickersham Mr. President, when this measure was in the Committee of the Whole, I supported it in the form in which it was then presented. I think the amendment before us to-day is a great improvement on the measure which we considered and passed in Committee of the Whole. I think even those who voted against the measure as originally presented were desirous, if they could, of reaching the evil and enabling a large body of our citizens, whose occupation takes them habitually away from home, and very often renders it impossible for them to register personally I say I think we all felt a sympathy with them, and a desire to facilitate their compliance with the registration laws if possible. But there was a fear that, by the means provided in the original bill, we should open the door to a greater evil than that we sought to avert.

Now, I think this proposed amendment meets that fear and removes it. It provides that laws may be made which shall designate a day or days five months before an election on which electors may then go and declare on oath, in person, and declare on oath that they are engaged in a regular vocation or occupation which will occasion their absence from the county during the regular days of registration.

There is a statement of the individual as to what his occupation is, what he insists will be the case, his case on registration day. Abundant opportunity to investigate any person who makes such a statement and to determine the validity of his claim is given.

Then, such laws shall require electors so specially registered to establish on the first regular day of registration their continued right to vote in the election district, for which they were registered, but shall not require further personal appearance. So that, if a man who is a commercial traveler or railroad employee, or a mariner, or engaged in any other occupation which carries him from home on registration day, having previously made his declaration, finds that the condition is what he anticipates, he may supplement his personal appearance by the written statement.

Now, it seems to me, Mr. President, that this is a very happy solution of a difficult question, and that it should command the support of all the members of this Convention, because after all election laws and registration laws are not designed for the purpose of preventing voters otherwise qualified from voting, but to prevent fraudulent voting, and if we have secured, as it seems to me we have by this measure, a means of preventing a fraud on the Election Law, by an absentee registration, it appears to me to be our plain

duty towards a large body of our fellow citizens to make known their qualifications to vote and to facilitate their coming personally to the polls on election days. I hope, Mr. President, that this amendment will prevail

Mr. C. Nicoll- Mr. President.

The President - Mr. C. Nicoll.

Mr. C. Nicoll - Will the gentleman yield for a question?

The President - Will the gentleman yield to Mr. Nicoll for a question? Mr. Wickersham - Yes.

Mr. C. Nicoll What is there to prevent the Legislature from passing such a law to-day?

Mr. Wickersham — Well, I presume the provisions of section

Mr. Lincoln Will you yield for an answer, Mr. Wickersham?
Mr. Wickersham - Yes.

Mr. Lincoln-It seems to be the impression, Mr. Nicoll, that the present requirement that a voter shall have resided in his election district for thirty days has heretofore prevented the Legislature from enacting laws permitting registration prior to that time.

The President Is the Convention ready for the question upon the resolution?

Mr. J. G. Saxe- Mr. President.

The President - Mr. Saxe.

Mr. J. G. Saxe-I would like to ask Mr. Lincoln if he will accept one very small amendment to his amendment? The Committee on Revision has reported No. 804, which is now on third reading, and in so doing, it reported a single amendment. Now the very last word of this proposed amendment, the word "voters" should be changed to "electors", and if Mr. Lincoln's motion should prevail, and this bill should go to the Committee on Revision it would probably be amended by putting in the word "electors".

Mr. J. G. Saxe The last word of your proposed amendment. It should be "electors" instead of "voters".

Mr. Wickersham - Mr. President, will the gentleman yield for a suggestion? Mr. J. G. Saxe Yes.

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Mr. Wickersham -Section 4 of Article II of the Constitution provides Mr. Lincoln-Mr. President, of course

There are too many delegates talking at once. Mr. Saxe

Mr. President.

Mr. J. G. Saxe -I was asking Mr. Lincoln a question.

Mr. Lincoln

Mr. President, I would like to answer the question asked by Mr. Saxe. Of course, the word mentioned by Senator Saxe was a part of the original Constitution and is not a part of my amendment.

Mr. J. G. Saxe- - The word "electors "

Mr. Lincoln

I have no objection to the word, but I would say that that

is no part of that portion of the bill which I prepared

Mr. J. G. Saxe-I am pointing out to Mr. Lincoln that Mr. Rodenbeck from the Committee on Revision has so changed that word in the bill I referred to and which is now on third reading.

Mr. Lincoln Mr. President, it is entirely satisfactory so far as I am concerned.

Mr. J. G. Saxe- Mr. President, I understand that Mr. Lincoln has amended his amendment so that the last word shall read "electors" instead of "voters".

Mr. Lincoln-Mr. President, for the purpose of clarifying this situation I amend my proposal to include the word 66 electors on line 18, and strike

out the word "voters," in the same line.

The President Is the Convention ready, for the question? The question is on the motion to discharge the Committee on Revision from further consideration of print No. 804, recommit to Committee of the Whole, with instructions to report forthwith, and to amend as indicated. All those in favor of 'the motion say Aye, contrary No. The resolution is agreed to.

The Clerk will proceed with the call of the districts.

Mr. Clinton-Mr. President.

The President - Mr. Clinton.

Mr. Clinton-I desire to make a motion to discharge the Committee on Revision from the consideration of the proposed canal amendment, and that it be reprinted and recommitted to the Committee on Revision. The reason is that on consultation

The President - There is so much confusion in the Chamber that it is im'possible to hear. Great events are pending and in a little while the delegates will be inquiring what has happened.

If Mr. Clinton will be good enough to continue.

Mr. Clinton-The object of this motion is simply this: After consultation with the Chairman of the Committee on Revision it appeared that certain amendments were needed to clarify the language and prevent misconstruction. It was thought that it would be beyond the power of the Committee on Revision to make such changes. That is the only object.

The President - The Secretary will read the proposed amendment.

The Secretary By Mr. Clinton: Resolved, That the Committee on Revision be discharged from the consideration of proposed amendment, print No. 839, that the bill be amended as follows, reprinted and recommitted to the Committee on Revision:

Lines 7 and 8, page 3, strike out the words "which shall cease to be a portion of the canal system of this State as above defined".

Line 24, page 3, strike out the word "any " and insert in place the words "the Black River ".

Page 3, strike out lines 19, 20 and 21, and the words "of dams, reservoirs or other structures ", and insert in place thereof "The leasing of surplus waters of any of the State canals or canal feeders, or of any waters impounded by the construction of dams, reservoirs, or other structures shall hereafter be pursuant to general laws only."

Mr. Clinton-If necessary, I will add to the motion that it be recommitted to the Committee of the Whole with instructions to report the amendments forthwith.

The President - Are you ready for the question upon the resolution?
Mr. J. L. O'Brian - Mr. President.

The President - Mr. O'Brian.

Mr. J. L. O'Brian - May I ask that the clerk read the first of these amendments on page 3. I did not catch them.

The President - The clerk will read the amendment as requested.

The Secretary-Lines 7 and 8, page 3, strike out the words "which shall cease to be a portion of the canal system of this State as above defined ". Line 24, page 3, strike out the word any" and insert in place thereof the words "the Black River".

The President Is the Convention ready for the question upon the resolution? All in favor of the resolution will say Aye, contrary No. The resolution is agreed to.

The Secretary will proceed with the call of the roll of districts.

The Secretary - Forty-ninth district, fiftieth, fifty-first.

Mr. Whipple Mr. President.

The President - Mr. Whipple.

Mr. Whipple - Mr. President, while we are in this order of business I want to make a motion to see if we cannot prevent putting into our Proposed Constitution a principle that to me seems entirely wrong and even obnoxious. I refer to third reading number 9, reprint No. 825, the proposition in relation to conservation of natural resources.

The delegates will all remember the arguments that were presented in the Committee of the Whole in relation to Section 6. I now move that this proposition be referred to the Committee of the Whole, with instructions to amend it by striking out Section 6 and reporting forthwith. I do this that we may not put into this Constitution a reward to certain people for violating the Constitution now in effect and handing over forever a million dollars' worth of our property to people who have taken it by force.

The President - The Chair will have to hold that, as this measure is actually on the third reading calendar for the day, Mr. Whipple's motion will be withheld until the call of the measure upon the calendar. It will then be in order.

Reports of standing committees.

Mr. Low- Mr. President.

The President - Mr. Low.

Mr. Low- A report from the Committee on Cities.

The President - The Committee on Cities reports by a bill. The Secretary will read the bill.

The Secretary Proposed Constitutional Amendment, To amend Article III of the Constitution, in relation to the delegation of power to municipalities for certain purposes, by adding a new section.

Second reading. To amend Article III of the Constitution, in relation to the delegation of power to municipalities for certain purposes, by adding a new section.

The President - Any special disposition of this measure desired? Referred to the Committee of the Whole.

Mr. Rodenbeck - The Committee on Revision and Engrossment reports, with amendments, a bill of Mr. R. B. Smith. This bill has been before the Committee for some weeks and it has been held pending action upon another