The President The Secretary will call the absentees.

The Secretary - Mr. Aiken, Mr. F. C. Allen, Mr. V. M. Allen, Mr. Angell,

Mr. Angell Here.

The Secretary - Mr. Baldwin, Mr. Baumes, Mr. Bayes,

Mr. Bayes - Here.

The Secretary - Mr. Beach.

Mr. Beach - Here.

The Secretary Mr. Bernstein, Mr. Betts, Mr. Bockes, Mr. Brackett,

Mr. Brackett - Here.

The Secretary - Mr. Brenner, Mr. Buxbaum.

Mr. Buxbaum Here.

The Secretary - Mr. Byrne, Mr. Clearwater, Mr. Clinton.

Mr. Clinton - Here.

The Secretary - Mr. Cobb.

Mr. Cobb - Here.

The Secretary - Mr. Cullinan, Mr. Dennis.

Mr. Dennis - Here.

The Secretary - Mr. Donovan.

Mr. Donovan - Here.

The Secretary - Mr. Dooling.

Mr. Dooling Here.

The Secretary - Mr. Dunmore.

Mr. Dunmore Here.

The Secretary - Mr. Dykman, Mr. Eggleston, Mr. Eisner, Mr. Endres,

Mr. Eppig.

Mr. Eppig - Here.

The Secretary - Mr. Fobes.

Mr. Fobes - Here.

The Secretary - Mr. Fogarty, Mr. Foley, Mr. Ford.

The Secretary

Mr. Green, Mr. Greff, Mr. Griffin, Mr. Harawitz, Mr.

The Secretary - Mr. Mereness, Mr. Mulry, Mr. C. Nicoll.

The Secretary - Mr. O'Connor, Mr. Owen, Mr. J. S. Phillips, Mr. Quigg,

Mr. Rosch, Mr. Ryder, Mr. Sargent, Mr. M. Saxe.

Mr. M. Saxe - Here.

The Secretary Mr. Sheehan, Mr. Shipman.

Mr. Shipman - Here.

The Secretary - Mr. Slevin, Mr. E. N. Smith, Mr. T. F. Smith, Mr. Stanch

field, Mr. Tanner, Mr. Tierney.

Mr. Tierney - Here.

The Secretary - Mr. Wadsworth, Mr. Wafer, Mr. Wagner, Mr. Waterman, Mr. R. E. Webber, Mr. Weed, Mr. Wheeler, Mr. J. J. White, Mr. Wiggins, Mr. Williams, Mr. C. H. Young.

Mr. L. M. Martin - Mr. President.

The President - Mr. Martin will be recorded.

Mr. Dahm - Mr. President, I desire to be recorded.

The President - Mr. Dahm will be recorded. Mr. Deyo, Mr. O'Connor.

Mr. E. N. Smith - Mr. President.

The President - Mr. E. N. Smith will be recorded.

Mr. F. C. Allen - Mr. President.

The President Mr. Allen will be recorded.

Mr. Hinman - Mr. President.

The President - Mr. Hinman will be recorded. Mr. Sargent.

One hundred and twenty-five delegates having answered to their names, a quorum of the Convention is present. We will proceed with the calendar of third reading. The Clerk will read.

The Secretary - No. 825, by Mr. Dow. To insert in the Constitution a new article in relation to the conservation of natural resources.

Mr. A. E. Smith Mr. President.

The President - Mr. Smith.

Mr. A. E. Smith - It was a matter of regret to me that I was unable to be present on the day this proposed conservation article was reported from the Committee of the Whole to the Convention for passage.

I believe that this is a mistake. I believe that it is a very serious mistake for this Convention to make. It seems to me we are setting the clock of progress, in the matter of the development of our natural resources, back at least ten years by our action. I hold the Constitution should contain nothing except the bare statement, including in the report of the State Officers Committee, that there should be a conservation commission appointed by the Governor by and with the advice and consent of the Senate, and the make-up, membership and the details of how that commission is to be composed should unquestionably be left to the Legislature in order that it may deal with the new problems that arise from time to time.

There is a long history connected with this question of water power development in this State. It goes back to the year after the last Constitutional Convention. Beginning in 1895, it was the policy of the State, or, rather the State lacked a policy with regard to the treatment and the development of its water power resources. As a result of that lack of policy, from time to time the grants of water power in the Niagara river were such that in 1905 or 1906 it was necessary for the Federal government to step in and put its hands on Niagara Falls in order to prevent it from being despoiled by the water power interests of this State.

At the time the so-called Burton Act was pending in Congress, it was Horace MacFarland, I believe, the President of the National Civic Federation, that made the remark that New York State's record with regard to her water powers in the past was very bad; that the State itself had jobbed out all the sacred glories of Niagara for no return or recompense whatever to the people.

An instance of how some of the grants on the Niagara river were made can be imagined from one single grant that in the terms of the contract read that the quantity of water to be taken was that which would pass through an opening or a ditch two hundred feet wide by about fourteen feet deep.

The agitations for the preservation of Niagara and the other water powers of the State were so great that Congress authorized a treaty between this