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accepted by this Convention. It is true that there has been a great deal of discussion over this matter, and I believe honestly, with few exceptions. When Humpty Dumpty gets upon his feet and declares that this is scaly, I believe he casts before his face his own reflection. This is an honest measure, and I believe that a jury is the proper tribunal to assess the damages that I may sustain by reason of being thrown out of my home by some great corporation, with nothing but the canopy of heaven over my head. I believe it is right in principle and it is right in justice. The leader of the majority of this House has very well and honestly stated to this Convention in forcible terms that the jury was the great safeguard between the people and the courts. It has been charged here that this limitation against the liability for injury causing death, that that matter has been before the Legislature for years and it was impossible to get the Legislature to do anything about it. Why? They say that the Legislature has been owned by corporations. If that is true in that case, why wouldn't it apply in this?
The President - The gentleman's time is up.
Mr. Davis I believe, Mr. President, it is the proper way to assess the damages. I, therefore, withdraw my request to be excused, and vote in the negative.
Mr. Peck Mr. President, I ask to be excused from voting and will briefly state as the reason, because I think a measure of this importance, which has been discussed to the extent that this measure has been discussed, and while it is in the process of perfection by its friends, should not be killed by indirection. I wish to vote upon this measure after it is perfected at the hands of its friends, and, therefore, at this stage of the proceedings I vote no.
Mr. C. A. Fuller Mr. President, I voted upon this proposition under a misapprehension. It is my intention to support the proposition of Mr. Marks. I voted aye. I desire to change my vote
The President The motion is carried. Ayes, 70; noes, 67.
Ayes Messrs. Abbott, Acker, Ackerly, Alvord, Baker, Barhite, Barnum, Becker, Brown, E. A., Cady, Cassidy, Chipp, Jr., Church, Clark, H. A., Cookinham, Countryman, Crosby, Deady, Doty, Emmet, Floyd, Foote, Francis, Frank, Augustus, Fuller, O. A., Gilbert, Goodelle, Hamlin, Hawley, Hill, Johnson, J., Kimmey, Lewis, C. H., Lewis, M. E., Lincoln, Lyon, Manley, Marshall, Maybee, McCurdy, McIntyre, McLaughlin, C. B., McMillan, Mereness, Moore, Nichols, O'Brien, Osborn, Parkhurst, Parmenter, Phipps,
Pool, Putnam, Redman, Root, Schumaker, Spencer, Steele, A. B., Steele, W. H., Storm, Sullivan, T. A., Tibbetts, Towns, Vedder, Wellington, Whitmyer, Wiggins, President - 68.
Noes Messrs. Arnold, Barrow, Blake, Bowers, Burr, Bush, Campbell, Carter, Cochran, Coleman, Danforth, Davenport, Davis, G. A., Dean, Deterling, Deyo, Dickey, Durfee, Fitzgerald, Forbes, Frank, Andrew, Fuller, C. A., Galinger, Gibney, Giegerich, Goeller, Green, A. H., Green, J. I., Griswold, Hecker, Hedges, Hirschberg, Holcomb, Holls, Hotchkiss, Hottenroth, Jacobs, Johnston, Kinkel, Kurth, Mantanye, Marks, McArthur, McClure, McDonough, McKinstry, McLaughlin, J. W., Meyenborg, Morton, Mulqueen, Nicoll, Nostrand, Ohmeis, Parker, Pashley, Peabody, Peck, Porter, Powell, Pratt, Roche, Rogers, Rowley, Sandford, Smith, Springweiler, Titus, Tucker, Turner, Veeder, Vogt, Woodward -72.
Mr. President, I desire at this time to call attention to rule 6. There are gentlemen who sit in this Convention time after time, during a roll-call and never answer to their names. seems to me that we are fairly entitled to have gentlemen vote upon this question.
The President Memorials and petitions are in order. A memorial has been received from the citizens of New York in respect to the management of caucuses and is referred to the Suffrage Committee. Also, a civil service memorial which is referred to the Select Committee.
Mr. Becker Mr. President, I ask unanimous consent at this time out of order, as I am compelled to be away this morning, to have the time of the Committee on Legislative Organization extended, say until Friday of next week, to make its report. Mr. Brown, the author of the bill that is pending before the committee, is unavoidably compelled to be absent from the Convention, and Mr. Bush who is in charge of the interests of the minority of the committee cannot be here until Monday night. It will be necessary to go over the proposed bill carefully in order to insure. grammatical accuracy, etc., and that will delay it a day or two. I, therefore, ask the leave of the Convention that the time of this Committee on Legislative Organization to report be extended until a week from to-day.
Mr. Osborn - Mr. President, I had intended to confer with the chairman of that committee on the subject of which I am about to speak, and I hope he will not consider it discourteous in me to speak to the Convention about it before mentioning the subject to him. There is before the Committee on Legislative Organization the
subject of apportionment. There is also before that committee connected with the subject of apportionment, but not necessarily a part of that subject, the proposition in reference to the terms of Senators and Assemblymen and also their compensation. Now, it seems to me that that committee could with great propriety report to this body in advance of the full report on the apportionment of the State, its views upon the proposition in reference to the terms of Senators and Assemblymen and their compensation, and I would suggest, therefore, that those two subjects be considered upon their merits in connection with the report which I understand it to be submitted from the Cities Committee in reference to the proposition for separate elections, and apart from any feeling which be aroused by the apportionment question proper. I would suggest, therefore, that the Convention ask the Committee on Legislative Organization to report at the earliest possible date upon the subjects of the terms of Senators and Assemblymen and their compensation.
Mr. Becker Mr. President, I will say in reply to the gentleman that it seems to me that this is a matter which the committee must regulate for itself; that neither he nor I here have any power. I understand it to be the wish of the gentleman that that matter should lie over until the Convention take definite action on the subject of the separations of State and city elections. I would be very glad to consult with the members of the committee, and if they desire to make a report before that time they can make it. Do I understand that is satisfactory to Mr. Osborn?
Mr. Osborn-That is satisfactory.
Mr. Bowers I would like to ask the chairman of the Committee on Legislative Organization a question. Do we understand that the interview published in the papers this morning with the chairman of that committee is authoritative?
Mr. Becker-The chairman replies that he has no knowledge of any such interview.
The President put the question on the motion of Mr. Becker to extend the time within which the Committee on Legislative Organization should make its final report to a week from to-day, and it was determined in the affirmative.
Mr. Becker Mr. President, on account of a long standing and pressing engagement made prior to the time that sessions were fixed for Saturday and Monday, I desire to be excused until Monday evening.
The President put the question on granting leave of absence to Mr. Becker as requested, and it was determined in the affirmative.
The Chair wishes to state that an error has been made in the count of the vote in respect to Mr. Marks's amendment. The true result is that the motion of Mr. Root was lost, 68 ayes and 72 noes. (Applause.)
What is the further pleasure of the Convention in respect to Mr. Marks's amendment?
Mr. Moore Mr. President, I move that it be referred to the Judiciary Committee.
Mr. Bowers That is a burlesque motion.
Mr. Moore Mr. President, I will answer that. I will state to Mr. Bowers that I do not make burlesque motions whatever they do on the other side of the house.
Mr. Marks Mr. President, I move to amend the motion that it be referred to the Committee of the Whole, so that we can have full discussion again.
Mr. Root Mr. President, I rise to a point of order. Mr. Marks's amendment cannot be entertained, because it is a proposition equivalent to the proposition which was decided by this Convention at its session last evening. The Convention then decided that the proposed amendment should not go back to the Committee of the Whole. The amendment of Mr. Marks is that it shall go back to the Committee of the Whole, and the rules expressly prohibit the entertaining of equivalent propositions.
The President - The Chair is of the opinion that the Convention has a right to deal with this matter as they see fit, notwithstanding that they have disagreed with the request of the Committee of the Whole for leave to sit again. The Convention has still control of the matter and may recommit to the Committee of the Whole if they so desire. (Applause.)
Mr. Veeder Mr. President, I was going to ask for recognition, simply for the purpose of moving a reconsideration, if the ruling of the Chair had been different, but I am perfectly satisfied with the ruling.
The President - The question is on the amendment of Mr. Marks to refer his amendment to the Committee of the Whole.
Mr. President, is that motion debatable?
The President - It is.
Mr. President, now I submit that that is the better course to pursue. If the matter is referred to the Judiciary Committee and subsequently reported by the Judiciary Committee, unfortunately the Convention is not of opinion that the Judiciary
Committee is always right, and consequently the same discussion will occur, and then whether they make a favorable or adverse report, it will then have to go to the Committee of the Whole and on general orders. The house is now fully informed on the subject. under discussion, and why refer it to the committee and allow it to remain there, and then when the report comes in take up the whole subject anew. I submit it is, therefore, better, if it is to be further considered, that it should go to the Committee of the Whole and be disposed of.
Mr. Dickey Mr. President, if this motion to send it back to the Committee of the Whole is carried, it will permit the substitution of Mr. Davis's amendment.
Mr. Vedder Mr. President, I could not exactly hear the point of order made by Mr. Root, and I could not quite catch the ruling of the Chair. I wish to make this point of order that the motion is not in order in the condition that this matter is now in. The Convention yesterday refused to confirm the report of the Committee of the Whole.
Mr. Cochran Mr. President, I rise to a point of order. The Chair has decided this question. The gentleman can appeal from that, but I do not see any necessity for arguing this matter.
Mr. Vedder - Mr. President, there was so much disorder in this part of the House that I did not hear Mr. Root's point of order nor the decision of the Chair. But supposing that the ruling of the Chair is correct and a proposition is on its third reading, and was rejected, could a motion be made that that bill be read again without first reconsidering the motion by which the proposition was lost? If when a motion is defeated a similar motion can be made immediately, there is no end to motions which can be made, and there must be an end at some time. The action of the Convention yesterday that the Committee of the Whole should not sit upon this proposition again is the order to-day and cannot be changed unless by moving a reconsideration of that vote. You cannot keep on putting motions that are defeated. You cannot put them over and over again. The only orderly and logical way to proceed is to move a reconsideration of the vote.
Mr. Veeder - To save all discussion on this subject, I move a reconsideration of the vote, refusing to let the Committee of the Whole sit again on the proposition. That is the motion I desired to make in the beginning. That will save all question and save us from any error.
Mr. Moore Mr. President, I rise to the point of order that the