The President - Unanimous consent is asked that Mr. Dunmore's amendment be considered as being submitted before the close of the hour. Is there any objection? The Chair hears none. Consent is granted.

The question is upon the motion of Mr. Leggett which the Secretary will read.

The Secretary- - Page 12, line 15, strike out all after the period following the word "appointed "; and on page 13, strike out all from the beginning down to and including the period following the word "law" in line 7.

Mr. Stanchfield - Mr. President, a point of order. That is what we just voted on. That was the amendment of Dr. Schurman.

Delegates That is the same.

The President - The Secretary will proceed.

The Secretary -Also in line 8, strike out the words " and official referees ". At the end the section add, "Former judges and justices of any court shall not be appointed in any public office having judicial functions."

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Mr. Leggett May I withdraw the first part, the part which Dr. Schurman's motion covered, which has already been carried?

The President

Mr. Leggett asks permission to withdraw the first part of his motion. Is there objection? The Chair hears none. It is withdrawn. Mr. Leggett And may I have unanimous consent to add and perfect the insertion, by adding the words "by any judicial officer or officers ". The President - Is there any objection?

Delegates Object.

The President - Objection is made, and the motion cannot be changed. The Chair recognizes Mr. Phillips.

Mr. J. S. Phillips-Mr. Chairman, I want to call attention to this proposal of Mr. Dunmore

The question is upon the amendment of Mr. Leggett which in its present form the Secretary will read.

The Secretary-At the end of the section

Mr. Wickersham What page?

The Secretary - Page 13, Section 8, at the end of the section, add, "Former judges and justices of any court shall not be appointed to any public office having judicial functions."

Mr. Brackett Mr. President, I rise to a point of order.

The President - The gentleman will state his point of order.

Mr. Brackett The point of order is that the Schurman amendment having been adopted, this language is not apt for the end sought. I agree entirely with the delegate from Allegany, but this language would prevent the appointment by a court of any ex-judge as referee. It ought to be that the Legislature shall not create any office of that kind.

The President - The Chair will not waste time by pointing out the character of the point of order.

The question is on the amendment of Mr. Leggett to recommit with instructions to add the words "read by the secretary". All in favor will say Aye.

Mr. Leggett - Rising vote.

The President - All in favor will say Aye, contrary No. The motion is lost.

The question is upon the motion of Mr. Wiggins.

Mr. Wiggins — Mr. President, to expedite matters, as it is embraced in Dr. Schurman's amendment, which has been passed upon, I will withdraw it. The President Mr. Wiggins' motion is withdrawn.

The question is upon the amendment offered -the motion by Mr. Burkan. The Secretary will read.

only ".

The Secretary-Page 7, line 9, strike out all after the word " Strike out all of line 10 and all of line 11 to the period and substitute in place thereof the following:

(1) Where one or more of the Justices who heard the case dissents from the decision of the Court.

(2) From a judgment or order entered upon the decision of any appellate term of the Supreme Court which finally determines an action or special proceeding commenced in the City Court of the city of New York where is directly involved the construction of the Constitution of the State or of the United States, the statutes of the State, or any charter of the city of New York, but the jurisdiction of the Appellate Division in such cases shall be limited to the review of questions of law.

(3) From an order granting a new trial in an action commenced in the City Court of the City of New York where the appellant stipulates that upon affirmance judgment absolute shall be rendered against him.

(4) From an order or judgment of the appellate term reversing or modifying a judgment of the trial court in an action commenced in the City Court of the City of New York.

(5) When the appellate term on reversing or modifying a judgment make new finding of fact and render judgment thereon.

The President - All in favor of the motion will say Aye, contrary No. The motion is lost.

The question is now on the motion of Mr. Wickersham. The Secretary will read.

The Secretary-By Mr. Wickersham. Section 8, page 12

Mr. Wickersham - Mr. President, that amendment involves the same subject matter as is embraced in Dr. Schurman's amendment, carried. Therefore, I withdraw it.

The President The amendment is withdrawn.

The question is on the motion by Mr. F. Martin. The Secretary will read Mr. F. Martin I have had no opportunity to explain that amendment, and it is quite important, and while I don't speak for the Court of Appeals on the subject, I know they are in favor of this amendment.

The President - No debate. No debate.

The Secretary - Page 14, line 16, after the word "appeals" insert "if in the opinion of said court it is deemed advisable may ", and strike out on said line 16, the word "shall ".

Mr. Wickersham Mr. President, may I make a statement?

The President is lost.

- All in favor will say Aye, those opposed No. The motion

The question is on the first motion of Mr. Lincoln. The Secretary will read.

The Secretary — By Mr. Lincoln, page 21, line 11, after the word "elected" insert" for acts committed either before or during the term of office of the official impeached".

The President

All in favor of the motion will say Aye, contrary No. The motion is lost. The Secretary will read the second proposed amendment by Mr. Lincoln.

The Secretary By Mr. Lincoln, page 21, line 11, after the word "elected", insert" but only for acts committed during the term of office during which the official is impeached or for acts by which the official was nominated or elected for such term."

The President

The motion is lost.

All in favor of the motion will say Aye, contrary No.

The next question is on the motion of Mr. Delancey Nicoll. The Secretary will read.

The Secretary - Page 26, lines 5 and 6, strike out the words "or in any boroughs contained within a city or within districts created for that purpose."

Mr. D. Nicoll — Mr. President, may I explain that amendment?

The President - The delegate will sit down. (Laughter.)

The question is on the motion. All those in favor will say Aye, contrary No. The motion is lost.

The next question is on the motion of Mr. Coles. The Secretary will read.

66

The Secretary By Mr. Coles. To amend Section 29, page 34, line 15, strike out the words "judicial authentication" and guaranty". The President - Is the Convention ready for the question? Delegates Question.

The President - All in favor of the motion will say Aye, contrary No. The motion is lost.

The question is on the amendment offered by Mr. Dunmore. The secretary will read.

Mr. Dunmore — May I say that is on page 10, line 3, of the file of the members, but it is on page 8, the last line of the revision. It has been accepted by the Judiciary Committee.

Mr. Wickersham - Page 10, line 3. I understand that it is to be inserted on page 10, line 3, after the word " provide ".

The President - The secretary will read.

The Secretary - Page 10, line 3, after the word "provide" insert "or between conflicting claimants," so that the sentence as amended shall read “The court shall have the jurisdiction now exercised by it and such additional jurisdiction to hear and determine claims against the State as the Legislature may provide, or between conflicting claimants."

Mr. Stimson-I would suggest that Mr. Wickersham was in error. It should have come in after state".

Mr. Wickersham - It should come after "state".

May I read it as it is?

Mr. Dunmore

The President

No, the secretary will read it. (Laughter.)

The Secretary- After the word "state", insert "or between the conflicting claimants".

The President All in favor of the motion will say Aye, contrary No. The motion is agreed to.

The motion is to recommit with instructions to amend, and stand over, to be reprinted, and retain its place on the order of third reading, the time for debate having expired.

Mr. J. L. O'Brian — That matter being disposed of, Mr. President, I desire to offer a report of the Committee on Rules.

The President - The secretary will read the report.

The Secretary - The Committee on Rules recommends the adoption of the following special rule:

Resolved, that the following matters be made special orders for consideration when the Convention next goes into the Committee of the Whole: General Order No. 65, county government; No. 51, legislative powers; that debate on each special order be limited to one hour, and that the speeches of individual members be limited to ten minutes each.

Mr. J. L. O'Brian - I move the adoption of the report, Mr. President. The President — All in favor will say Aye, contrary No. The resolution its agreed to.

The hour of half-past five having arrived, under the order of the Convention, the Convention stands in recess until half-past eight this evening. Whereupon, at 6:45 p. m., the Convention took a recess until 8:30 p. m. the same day.

AFTER RECESS

8:30 p. m.

Mr. Wickersham — I suggest the absence of a quorum and ask that the roll be called.