we would say nothing. But the decisions are based upon statutes which may be changed. Therefore, for the purpose of cementing and securing into the structure of the State the right to control its schools, the Committee proposed this plan. The plan says that the State shall continue, as against the municipalities, as against any civil division of the State - that the State shall have the right to control education.

As to its own schools, paid for by itself, surely the State has the complete right and no one doubts it. As to other schools outside of that definition, the State retains the right, and always should retain the right, to see to it that the education in those schools is sufficient to qualify the children for a citizenship. In order to give the State absolute right as against the municipalities, as against the city of New York, as against all other cities where local authorities seek to control educational functions, we offer this amendment. I recognize that it is delicate ground which we are treading upon; that the less that is said, the better it is. I see no fear and no danger in the amendment as proposed. The State shall continue the control of its own schools, and there shall be no derogation of that control, and in all other schools it shall retain at least the control which it now has. That is satisfactory. It accomplishes the good purpose of securing State control without interfering with the control of the municipalities.

Mr. J. L. O'Brian - Will Mr. Mandeville yield for a question?
Mr. Mandeville - Yes.

Mr. J. L. O'Brian - The point that disturbed me, and I want to get your opinion on it, is this: the present Constitution says nothing about control or supervision of schools, of private schools. That being the case, do you not think that you are putting in the new Constitution, as you propose, a clause that the State shall continue to exercise its present control; that you, in fact, impose a constitutional limitation for the future upon that extended control, because, whereas the present Constitution has no such limitation, you provide that, as to the future, the State shall exercise, inferentially, the present control?

Mr. Mandeville Mr. Chairman, I quite recognize the point and yet I cannot see the force of it. It is my opinion that as that control is now by statute only, it is better to cement that statute, that we shall have at least that minimum control at all times.

Mr. Stanchfield Mr. Chairman.

The Chairman - Mr. Stanchfield.

Mr. Stanchfield - It is perfectly apparent from the debate that has taken place around this circle that there is a wide divergence of opinion among lawyers - and there are many distinguished lawyers in this body - as to what is the effect of this Proposed Amendment. If Judge Clearwater be right - and, that he is right upon the contention, I am prepared to concede - that the court of last resort in this State has held under the existing provision of the Constitution that there is now vested in the State all required powers to look after the education of the children of the State, I move, in concluding this debate, Mr. President, to recommit this amendment to the Committee of the Whole and end the debate with that motion.

Mr. President, I move that at the present time we terminate debate upon this interminable subject and recommit the provision to the Committee of the Whole.

The President-All in favor of that motion will say Aye, contrary No. The Chair is in doubt. All in favor of recommitting will rise, and remain standing until counted. The Secretary will count. The gentlemen will be seated. All opposed, will rise. The gentlemen will be seated. The Secretary will announce the result.

to.

The Secretary - Ayes 80, Noes 50.

The President The Noes have it and the motion to recommit is agreed

The Secretary will call the next number.

The Secretary - Number 835, third reading No. 6, by the Committee on Legislative Organization. To amend Section 6 of Article III of the Constitution, in relation to the compensation and expenses of members of the Legislature.

The President - The bill is now open to debate under the rules.

Mr. Deyo Mr. President.

The President - Mr. Deyo.

Mr. Deyo - I move to recommit to the Committee of the Whole with instructions to amend by striking out the words "five hundred" in line 4 and to report immediately, and on that I ask for a division.

Delegates - Question, question.

The President The question is upon the motion to recommit with instructions to strike out - "twenty-five hundred," is it?

Mr. Deyo

The motion is to strike out the words, "five hundred", leaving

it two thousand.

The President - All in favor of the motion will rise and remain standing until counted. The gentlemen will be seated. All opposed to the motion will rise. The gentlemen will please be seated.

The Secretary will announce the result.

The Secretary - Ayes 56, Noes 82.

The President - The motion to recommit is not agreed to. Any further debate upon the bill.

Delegates - Question, question.

The President - There being no further debate, the Secretary will call the

The Secretary - Mr. Daly.

Mr. Daly - Aye.

The Secretary - Mr. Dennis.

Mr. Dennis Aye.

The Secretary - Mr. Deyo.

Mr. Deyo - No.

The Secretary - Mr. Dick.

Mr. Dick - Aye.

The Secretary Mr. Donnelly.

Mr. Donnelly - Aye.

The Secretary - Mr. Donovan.

Mr. Donovan Aye.

The Secretary - Mr. Dooling.

Mr. Dooling - Aye.

The Secretary - Mr. Doughty.

Mr. Doughty - Aye.

The Secretary - Mr. Dow.

Mr. Dow - Aye.

The Secretary Mr. Drummond.

Mr. Drummond - Aye.

The Secretary

Mr. Dunlap.

(No response.)

The Secretary - Mr. Eisner.

Mr. Eisner - Aye.

The Secretary

- Mr. Endres.

Mr. Endres Aye.

The Secretary Mr. Eppig.

Mr. Eppig-Aye.

The Secretary - Mr. Fancher.

Mr. Fancher - No.

The Secretary - Mr. Fobes.

Mr. Fobes - Ауе.

The Secretary Mr. Fogarty.

Mr. Fogarty - Aye.

The Secretary - Mr. Foley.

(No response.)

The Secretary - Mr. Ford.

Mr. Ford - No.

The Secretary - Mr. Franchot.

Mr. Franchot - Aye.

The Secretary Mr. Frank.

Mr. Frank Aye.

The Secretary - Mr. Gladding.

Mr. Gladding - Aye.

The Secretary - Mr. Green.
Mr. Green - Mr. President.
The President - Mr. Green.

Mr. Green - I wish to say that I have consistently followed the two thousand dollar mark, but I believe the legislators are entitled to a higher salary than they have been receiving, and that seems to be the sentiment down in my district, or I believe it to be at least, and, therefore, since the majority votes in favor of $2,500, I shall vote for it.

Mr. Heaton I desire to explain my vote. I am heartily in favor of the amendment in so far as it repays the expenses of the members to their homes once a week, for such a visit is in the interest of good government and the more intelligent performance of duty. Keeping constant touch with his people would inform the members of the State Legislature of the public view in his district and enable him to better represent it, but with that increase of expense to be repaid the members, the salary is largely increased, beyond that which is sufficient to command a good type of man for the place. I, therefore, am compelled to vote no.