floor. We thought there was no reason why the text of the new Constitution should be lumbered down with pages that did not have to be there, so we have taken them out. We have done no legislating here that is novel at all, except that we have not forced the State to take a census, and that we have thought it unnecessary to qualify members of the Legislature as they have been heretofore qualified or disqualified. As to those changes and the use of language which limits representation in the city of New York precisely in the same way that it is now limited, we made no changes at all. If the Convention is so afraid of even looking at the article on apportionment, even glancing at it, notwithstanding the fact it does not apportion or seek to apportion or hinder the Legislature in apportioning, except to make the ratio for it that it shall divide the number of Assemblymen and Senators according to the population if the Convention is not willing even to cut out of the printing bill the six or eight pages that will have to be there, why, of course, there is not much occasion to take up the time with this question. Mr. Wickersham - Mr. Chairman. The Chairman - The gentleman from New York, Mr. Wickersham. Mr. Wickersham - It seems to me there are certain things in this amend. ment that ought to be adopted, that is, we ought to take out the obsolete matter. Aside from that, I think we ought to leave the basis of apportionment, the rules for making the reapportionment, just as they are. There is one change made that I think has not been mentioned, that is as to prescribing the rule of reapportionment. The Committee has substituted the election district for the block in the city. Mr. Quigg (interrupting) - For the reason, if you will allow me, that we have not demanded that the State shall take a census. We have thought that there was so little necessity for that, that, while the new article does not forbid it at all, the Legislaure will have full power to take a census or enumeration if it wished, still we have left it so that the distribution may be made in connection with the Federal census, and it was to accommodate that that we made the change from blocks to election districts. Mr. Wickersham - Mr. Chairman, as I understand it, the State's census for the year 1915 has been taken pursuant to the mandate of the existing Constitution, and there would seem to be no reason why the rule of apportionment laid down in the Constitution should not remain; and, as to the future, perhaps the alternative of the Federal or State census might be substituted. As I understand the amendment of Mr. E. N. Smith, it does not attempt to amend by restoring the obsolete portions of the section, the enumeration of districts, but it simply seeks to restore those portions which are rules of apportionment, the rules which exist in the present Constitution. Am I right? Mr. E. N. Smith - The gentleman's understanding is fairly correct. The Chairman Does Mr. Smith desire to have the floor yielded to him? Does the gentleman yield to Mr. Smith? Mr. E. N. Smith - I was just answering the gentleman's question. I said that you had fairly stated the purposes of my proposal. Mr. Wagner - May we have the amendment read again? The Chairman The Secretary will read the amendment so far as it relates to the second section. Is that what you desire? Mr. Wagner - That is what I am at sea upon. The gentleman who just addressed the Chair discussed the entire question, and I was wondering whether we had changed our rule and are going to take up the amendment as a whole. The Chairman - The Chair understands the gentleman from New York to ask that the whole amendment be read again. Mr. Wickersham In reply to the gentleman's suggestion, I will say that the whole subject was involved in the amendment to Section 2, and that led me to make the inquiry that I did. I did not mean to depart from the rule but merely to elucidate the character of the amendment to Section 2. Mr. Wagner - That is why I wanted to have the amendment read again. The Chairman Does the gentleman want the entire amendment read? A Delegate - The entire amendment. The Chairman - The Secretary will again read the entire amendment offered by Mr. Smith. Mr. Franchot - May we have it read slowly so that we may appreciate it? The Secretary On page 1,一 Mr. Wickersham (interrupting) - Mr. Chairman, I think perhaps it would be well for us to suspend here - let us have the amendment read and then I will move that we rise. The Chairman - The Secretary will read the amendment. The Secretary - On page 1, line 5, strike out the words "fifty-one" and insert the word "fifty", and strike out the bracket. In line 6, insert a bracket after the period. In line 8, strike out the word "who" and insert in the place thereof the word "they". On page 2, line 1, strike out the bracket. Mr. Wickersham - Mr. Chairman, that is the third section. Mr. Root - Let him read it all. The Chairman - We had better have the entire amendment read so that the members can have the whole matter before them during recess. The Secretary will proceed. 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 bracket, and strike out line 15. On page 11, strike out the brackets in lines 24 and 25. On page 12, strike out the bracket and the italicized words on lines 1 and 2. On lines 4 and 5, strike out the words "fifty-one" and insert the word "fifty" in place thereof. In lines 5 and 10, strike out the brackets. Mr. E. N. Smith - Mr. Chairman. The Chairman - Mr. Smith. Mr. E. N. Smith-I think in line 5, page 12, there should be a comma after "member" instead of a period. The Chairman - The Clerk will note the change. Mr. Haffen - Mr. Chairman, I also presented an amendment which I should like to have read. The Chairman - Will the gentleman send the amendment to the desk? Mr. Haffen - It is there now. The Chairman - The Secretary will read Mr. Haffen's amendment. 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". On page 11, line 1, strike out the word "six" and substitute in place thereof the word "two", making it read "One thousand nine hundred and twentytwo". On page 11, lines 5, 6, and 7, strike out the following: "According to the last State enumeration or if no State enumeration shall have been taken within a period of five years prior to such apportionment then ". Mr. Haffen Mr. Chairman, the reason for that is the fact that the next Federal census will be taken in 1920, and we could save five or six hundred thousand dollars to the State of New York if we cut out that portion which refers to enumeration by the State. At best, it is nothing but political. I would make it read "according to the preceding Federal census"; take that instead. It would save five or six hundred thousand dollars to the State of New York, and, as I said before, at best, it is nothing but political whether it is Democratic or Republican. Mr. Wickersham - Mr. Chairman, I move the committee do now rise, report progress and ask leave to sit again. The Chairman - You have heard the motion. All in favor of the motion will say Aye, contrary No. It is carried. (The President resumes the Chair.) The President - The Convention will come to order. Mr. Sears Mr. President. The President - Mr. Chairman. Mr. Sears - As Chairman of the Committee of the Whole, I beg to report that the Committee of the Whole has had under consideration special order which is General Order No. 37, has amended the same and reports favorably upon the special order as amended. I would report further that the Committee of the Whole has had under consideration special order which is General Oorder No. 53, has amended the same and reports favorably on the order as amended. I would further report that the Committee of the Whole has had under consideration special order which is General Order No. 67, has made progress thereon and begs leave to sit again. The President The question is first on agreeing to the report of the Committee of the Whole recommending the passage of General Order No. 37 with amendments. All in favor of agreeing to the report will say Aye, contrary No. The report is agreed to. The next question is upon agreeing to the report of the Committee of the Whole recommending the passage of General Order No. 53 with amendments. All in favor will say Aye, contrary No. The report is agreed to. The two amendments are advanced to the order of third reading. The question now is upon granting leave to the Committee of the Whole to sit again for consideration of General Order No. 67. All in favor will say Aye, contrary No. The leave is granted. Mr. Rodenbeck - Mr. President. The President - Mr. Rodenbeck. Mr. Rodenbeck - The Committee on Revision and Engrossment presents the following report. The Secretary - Mr. Rodenbeck from the Committee on Revision and Engrossment to which was referred Proposed Constitutional Amendment No. 861, Introductory No. 696; also Proposed Constitutional Amendment introduced by Mr. Franchot, No. 860, Introductory No. 131, reports the same as examined, found correct and properly engrossed. The President - The question is on agreeing to the report of the Committee. All in favor will say Aye, contrary No. The report is agreed to. The Secretary - Mr. Rodenbeck, from the Committee on Revision and Engrossment, to which was referred Proposed Amendment introduced by the Committee on Governor and Other State Officers, No. 863, Introductory No. 716, also Proposed Amendment proposed by the Committee on Cities, No. 862, Introductory No. 713, reports the same as examined, found correct and properly engrossed. The President - The question is upon agreeing to the report of the Committee. All in favor will say Aye, contrary No. The report is agreed to. The Convention stands in recess until half-past eight this evening. Whereupon, at 5.45 p. m., the Convention took a recess until 8.30 p. m. of the same day. AFTER RECESS 8:30 p. m. The President - The Convention will come to order. Mr. Wickersham - Mr. President, I suggest the absence of a quorum and ask that the roll be called. The President - The Secretary will call the roll. The Secretary - Mr. Adams. Mr. Adams Here. The Secretary - Mr. Ahearn. Mr. Ahearn - Here. The Secretary - Mr. Aiken. Mr. Aiken - Here. The Secretary - Mr. F. C. Allen. |