The Chairman - All who are in favor of the proposed amendment will rise and remain standing until counted. The gentlemen will be seated. Those opposed will rise and remain standing until counted. The amendment is manifestly carried. The Secretary will read the next order. The Secretary - No. 836, General Order No. 67, by the Committee on Legislative Organization. Mr. Brackett - Mr. Chairman. The Chairman - The Chair recognizes the gentleman from Saratoga. Mr. Brackett - Mr. Chairman, these are the substantial matters in the report. By Section 1, the Senate and Assembly are continued as at present, in precisely the same language as at present. By Section 2, Mr. Chairman, I am going to ask for some attention, as I cannot go on. The Chairman - The point is well taken. The Convention will come to order. Mr. Brackett - If it is worth while to present it at all, it is worth while to have it listened to and we can act upon it in a great deal shorter time if it is listened to. Section 2 provides for the number and terms of the members of the Legislature in each House and leaves such number and terms unchanged. Old Section 3, is entirely stricken out, being a mere specification of the districts into which the State is divided for senatorial purposes. In Section 4, the provision for a State enumeration each ten years is stricken out entirely. It is provided that the districts shall be altered in the year 1916 by the Legislature to remain unaltered until the year 1926, the districts to be made as nearly equal as may be. There is in the section the limitation now there, that no one county shall have more than one-third of all the Senators and no two counties, - this is new as now organized, wholly contained within the limits of a single city, shall have more than one-half of all the Senators. Section 5 provides for the districting of the Assembly, and the districts shall remain as at present until altered by the Legislature in 1916. That it shall remain unaltered then until 1926, when it shall be again altered, or then apportioned according to the Federal census, the districts to be as nearly equal as may be. In this same section is stricken out the provision that the Legislature may abolish Hamilton county. The designation of Assembly districts as specified in the present section of the existing Constitution is stricken out, the provision being that the Assembly district shall remain as at present until altered. It is provided that in the month of June, 1916, the Assembly districts shall be fixed by the boards of supervisors of counties having that power or by the body exercising jurisdiction nearest to that body, and in the city of New York where it now says "the common council", it is changed to "The Board of Aldermen", the provision for the districting by the local authorities, the supervisors and the aldermen, being precisely as it is at the present time, according to the enumeration or the census which has just been taken and in ten years from now, in 1926, it is to be apportioned upon the basis of the last preceding Federal census. This provision, leaving out the census, the State enumeration, and making the apportionment according to the census, the Federal census, requires that the provision as to the location of blocks contained in the present Constitution, as to whether they shall be contained in one district or another, should be "the election districts", because the Federal census does not take the census by blocks, and therefore it is changed to the election district. Section 7 of the existing Constitution which provides that "No member of the legislature shall receive any civil appointment within this state, or the Senate of the United States, from the governor, the governor and Senate, or from the legislature, or from any city government, during the time for which he shall have been elected;" and providing that all such employment shall be void, has been totally eliminated, as has been Section 8, which provides for persons who shall be eligible to the Legislature, and removes the restriction that no person who has been within one hundred days a member of Congress, a civil or military officer of the United States or an officer in a city government, and the provision that if he shall after his election accept such an appointment, his seat shall become vacant. The provision is retained in exactly the same language as at present, for the election of Senators, and members of the Assembly, on the Tuesday succeeding the first Monday of November, unless otherwise ordered, or directed by the Legislature, and the final provision is transferred from Article X, Section 6, from that section to this Article III, and the provision is made that it shall be given an appropriate number. That section, Section 6, Article X, is in this language: "The political year and legislative term shall begin on the first day of January, and the legislature shall every year assemble on the first Wednesday of January". Mr. Marshall - Mr. Chairman, will the gentleman yield to a question? Mr. Brackett - Yes. Mr. Marshall - Will you point out the language which declares that the Assembly districts shall remain unaltered until 1916. I find that language with regard to the Senate, but I have been unable to find similar language with regard to the Assembly. I may have overlooked it. Mr. Brackett - Give me but a minute and I will find it. A Delegate - Page 12, line 17. Mr. Marshall - No, line 17 does not cover it. It reads: "Such district shall remain unaltered until the year one thousand nine hundred and twentysix, at the regular session of the legislature in which year, such members of the assembly shall again be apportioned by the legislature, according to the preceding federal census.' Mr. Brackett - Mr. Marshall, that is because the members of the Legislature, the members of the Assembly, will be elected this fall, under the present Constitution. Mr. Marshall - It appears, that there shall be an apportionment in 1916 of Senate districts, but there is no such provision as to the Assembly district. Mr. Brackett-As I say that is because the Assemblymen are elected this year, under the present Constitution. Mr. Marshall - Perhaps that is correct, but I did not know but what you had overlooked it. Mr. Brackett - No, we did not. Mr. Wagner Mr. Chairman, I offer an amendment. Mr. Wickersham - Mr. Chairman, may I ask the Chairman of the Committee a question first? The Chairman - Wouldn't it be better to hold it until we are considering the specific section? Mr. Wagner - I do not know whether we are going to consider this section by section or take it up as a whole. The Chairman That is the rule. Mr. Wagner The Chairman section by section. Of course, that is within the discretion of the Committee. Mr. Wickersham - If the Chairman of the Committee will permit, I would like to ask him a question. Mr. Brackett - Yes. Mr. Wickersham - Senator Brackett, the part at the end, the last two lines, on page 17, and then on page 18, it is all new matter, isn't it, and should it not be italicized? Mr. Brackett - No, it is not new matter. Mr. Brackett No. Mr. Wickersham It is transposed? Mr. Brackett I think it is present section 9. The only reason for omit ting the number is that it will have to be renumbered later on. Mr. Wickersham - It is entirely in the language of the present Constitution? The Chairman - May I ask the gentleman from Saratoga whether he wishes this to be taken up section by section? Mr. Brackett - Mr. Chairman, I haven't a wish on earth about it. I am told, in the manner I generally get such information, it not having been given to me directly, I have not been consulted or asked about it I am told that it is understood that there is to be a radical change made by this body. Now, whether it is changed too much or too little, does not interest me. It cannot be changed too much or too little to suit me. I am perfectly willing. I should have been glad if I had been told in advance just exactly what was intended to be done, but inasmuch as that has not been done, I have no wish with respect to it at all. Mr. Wickersham - Mr. Chairman, I suggest that it be taken up under the rules. The Chairman The Secretary will read section 1. Mr. Wagner - Mr. Chairman, my proposed amendment relates more specifically to section 4 of the bill. The Chairman May the Chair inquire whether the amendment as proposed by Mr. Wagner has anything to do with the first section? Mr. Wagner - No. The Chairman The Chair suggests that the gentleman from New York hold his amendment until the section in question is reached. Mr. Wagner - Very well. The Chairman - The Secretary will read the first section. Mr. E. N. Smith Mr. Chairman. The Secretary - Section 1. The Legislative power of this State shall be vested in the Senate and Assembly. Delegates - Question, question. The Chairman Mr. E. N. Smith. Mr. E. N. Smith - I have no amendment to that. Delegates - Question, question. The Chairman The question occurs then upon the adoption of the first section. All those in favor of the adoption of this section will say Aye, contrary No. The section is adopted. The Secretary will read the second section. Section 2. The Senate shall consist of fifty-one members who shall be chosen for two years. The Assembly shall consist of one hundred and fifty members, who shall be chosen for one year. Mr. E. N. Smith - Mr. Chairman, I wish to offer an amendment. Mr. Haffen - Mr. Chairman, I have an amendment respecting that section. The Chairman The Secretary will read the first amendment presented. The Secretary - By Mr. Haffen. On page 1, line 9, between the words "fifty" and "members" insert the word "three" making the sentence read: "The Assembly shall consist of one hundred and fifty-three members who shall be chosen for one year". Mr. Haffen Mr. Chairman, the reason for the introduction of that amendment is because of the fact that some of the important counties may be reduced if the number is to remain at 150. For instance, Queens county has 60,000 more population than has been accorded to it according to the first enumeration received by one of our members, and consequently it is entitled to one more assemblyman than has been given in the primary, tentative plan. Then there is Oneida also, and there are others which will be reduced if the number is kept at 150, and my amendment calls for 153, in order that justice may be given to some of the counties that now would be, under this reapportionment, reduced. Mr. E. N. Smith - Mr. Chairman. The Chairman - Mr. Smith. Mr. E. N. Smith - Mr. Chairman, the amendment which I have offered amends, proposes to amend not only Section 1, but other sections in relation to the apportionment. Mr. Wiggins - Mr. Chairman, may the amendment be read? The Chairman - The secretary will read the amendment in full for the information of the committee. The Secretary - By Mr. E. N. Smith. On page 1, line 5, strike out the words fifty-one" and insert the word "fifty"; and strike out in line 6, strike out the bracket in line 6, and insert a bracket after the period. In line 8, strike out the word "who" and insert in place thereof the word "they ". Mr. E. N. Smith May the rest of it be read, Mr. Chairman? • The Chairman - For the information of the committee, the secretary will read the other parts of this amendment so we may have it before us as a whole. The Secretary - On page 2, line 1, strike out the bracket and in line 4, insert a bracket before the word "district". On page 10, line 14, strike out all after the period and strike out line 15. On page 11, strike out the brackets in lines 24 and 25. On page 12, strike out the brackets and the italicized words in lines 1 and 2. Strike out the words "fifty-one" on lines 4 and 5, and insert the word "fifty" in the place thereof. Strike out the brackets in lines 5 and 10. Mr. E. N. Smith - Mr. Chairman. The Chairman - Mr. E. N. Smith. Mr. E. N. Smith - When this question of apportionment was up before I supposed that it was settled, so far as this Convention was concerned, and the purpose of this proposed amendment is to leave the question, or provisions in reference to apportionment, just as they are now contained in the Constitution, or leave the number of Senators and numbers of Assemblymen, just as it is contained in the Constitution, leaving the provision for increase of Senators just as contained in the Constitution. Now, if we are going into the question of apportionment, we are going to get into some serious difficulties, I think. Mr. Wiggins - Mr. Chairman, will the gentleman permit a question? Mr. Wiggins - Does this proposal go into the question of apportionment? Mr. E. N. Smith - What proposal? Mr. Wiggins - The one you are now considering from the Committee on Legislative Organization. Mr. E. N. Smith - It changes the ratio of representation, it changes the provision in reference to two adjoining counties and it makes several changes which affect the apportionment of Senators and Assemblymen. Mr. Wiggins - Mr. Chairman, will the gentleman permit me to ask him one more question? Mr. E. N. Smith - Yes. Mr. Wiggins - I understand that fully, but it does not go into the question of apportionment. Mr. E. N. Smith - It does not go into the question of apportionment, but there is the distribution under the plan of apportionment as suggested. All I say is this, that I believe it is better to leave this question of apportionment alone. I don't think it is necessary to go into the changing of the basis of representation, or the principle upon which the apportionment is to be made, and I therefore offer this proposal with a view that in this regard the provisions of the Constitution will be left just as they are, and I do it, because when this question was up before I felt and came to the conclusion that that was the thought and the plan in the minds of this Convention. Mr. Quigg - Mr. Chairman. The Chairman - The gentleman from Columbia, Mr. Quigg. Mr. Quigg-I only want to say this to the committee, that I doubt very much whether there is any member of our Committee on Legislative Organization who will take any particular interest in urging these amendments on the |