Mr. Mulqueen — Mr. Chairman, it seems to me that on a matter like this where the laboring men of the State

Mr. Cady

Mr. Chairman, I rise to a point of order. There is no question before the House for discussion.

The Chairman-I think the point of order not well taken, the motion to report adversely being debatable.

Mr. Mulqueen - Mr. Chairman, it is with some hesitation that I rise to debate this question to-day, after listening to the able addresses that have been made by Mr. Hamlin, Mr. Marshall, Mr. Holls and Mr. Cady; but it is a serious matter to tell us that a measure proposed and advocated by every labor organization in the city of New York is revolutionary. It was amusing to me to hear Mr. Holls state that the laboring organizations should be protected from ill-advised legislation, and yet that is all they ask for now. They want to have the right on certain measures passed by the Senate and Assembly to pass upon those measures. Now, sir, the laboring men of the State have asked for more than what the committee have reported. They want the initiative, as well as the veto power. But, sir, the committee reported against that and all we have here to-day

The President resumed the chair.

The President

Mr. Mulqueen will complete his address at three

o'clock, to which time this Convention stands in recess.

AFTERNOON SESSION.

Saturday Afternoon, August 18, 1894.

President Choate called the Convention to order at three o'clock. Mr. Hamlin Mr. President, I would like to move, and do move, that there be printed 4,000 additional copies of the amendment of the Judicary Committee. It seems that the former resolution provided only for the report accompanying the amendment and not for the amendment itself. They being printed separately, it now appears that there are only 5,000 copies of the report being printed and not of the amendment.

The President-Will you send that up in writing, Mr. Hamlin? Is it 4,000 copies of the report or of the amendment?

Mr. Hamlin - Of the amendment.

The President - The gentlemen hear the motion of Mr. Hamlin that 4,000 copies of the judiciary article be printed.

Mr. Cochran-Mr. President, I make the point of order that there is no quorum present.

The President - I trust Mr. Cochran will withdraw the motion. Mr. Cochran-I withdraw it, sir, for Mr. Hamlin's motion only, and at his request.

The President put the question on the motion of Mr. Hamlin, to print 4,000 extra copies of the judiciary article, as proposed by the Judiciary Committee, and it was determined in the affirmative.

Mr. Gilleran

Mr. President, Mr. McClure has requested me to ask that the Convention excuse him for to-day, because of illness in his family.

The President put the question on granting leave of absence to Mr. McClure, as requested, and it was determined in the affirmative.

Mr. Barrow Mr. President, I ask to be excused for Monday on account of illness in my family.

The President put the question on excusing Mr. Barrow, as requested, and it was determined in the affirmative.

Mr. Root

Rules.

- Mr. President, a report from the Committee on

Mr. Cochran- Mr. President, I renew my point of order that a a quorum is not present.

Mr. Root Mr. President, I think I have the floor.

Mr. Root Upon the resolution to amend rule 29, the Committee on Rules reports in favor of striking out the last sentence of the rule which reads "if leave be refused, the effect is to bring the subject up immediately before the Convention." The effect will be simply to leave the matter to ordinary parliamentary rules, so that the question will proceed as it does in ordinary legislative bodies. We find that the difficulty which has arisen here arises solely from the fact that this last sentence of the rule is an interference with ordinary parliamentary procedure.

We also report to amend rule 7 by inserting the words, after the word "request," in the fifth line, "or any member may explain his vote for not exceeding three minutes." That is simply to do away with the fiction of asking to be excused from voting and going through all that form. So that any member who wishes to be excused may ask to be excused, and any member who wishes to explain his vote, may explain it, in either case taking three minutes. I will not ask for a consideration of these rules to-day, but will

bring them up, with the consent of the Convention, on Monday morning.

Mr. Marks Mr. President, may I ask the gentleman a question? What will be the effect and what will be the parliamentary' law, if we strike out the last section of rule 7? How will that affect it?

Mr. Root It will have this effect, that if the Committee of the Whole has reported progress and asked leave to sit again, the Convention may either refuse the request without any modification, refuse it simply, and that kills the bill, or the Convention may refuse it and order the amendment to a third reading; or the Convention may refuse it and recommit the amendment to a committee; or the Convention may grant it, which leaves it in the Committee of the Whole. So that each of those four alternatives remains open for the Convention—to kill it by refusal; to grant it; to refuse and order to a third reading, which is an adoption, just as if the Committee of the Whole had recommended the adoption and the report of the committee had been agreed to; or to refuse and recommit to a committee. That covers the entire range of the procedure possible upon such a report, and puts each of the four alternatives by itself, so that the Convention may determine what course it wishes to follow.

-

Mr. Barhite May I ask the acting chairman of the Committee on Rules a question? I would like to ask him if the proposed amendment will be of any assistance when we have the state of affairs which we did this morning, where a committee has recommended the passage of a measure, and it has not been agreed to by the Convention? That was where the difficulty arose over the ruling this morning. I would like to ask how the striking out of the last sentence of rule 29 will help us out in such a state of affairs as that?

Mr. Root Mr. President, I will answer the gentleman's question by saying that the change that we now report is not designed to apply to that case. It merely relates to the rule which treats of the Committee of the Whole reporting progress and asking leave to sit again. Upon the other subject the committee does not yet report. We thought it advisable not to attempt to report upon that other subject, for the reason that three members of the committee were absent from the Convention to-day, and those three were all members of the committee who represent what is called the minority in this House.

Mr. Blake Mr. President, I would like to have the report read in its entirety so that we may see what changes are proposed.

Mr. Cochran-We are killing time very well, Mr. President, without a quorum, I think.

The President

Where any action is taken by the Convention, Mr. Cochran's point will be in force.

Mr. Root-In answer to Mr. Blake's request, I will repeat that the first amendment proposed is to strike out the last sentence of rule 29. The second amendment proposed to insert in rule 7, after the word "request," in line five, the words or any member may explain his vote for not exceeding three minutes."

Mr. Blake Those are the only changes?

66

Mr. Doty Mr. President, Mr. Davies has gone home ill, and asks me to request that he be excused for the rest of the afternoon and for Monday.

The President put the question on excusing Mr. Davies from this afternoon's session, and it was determined in the affirmative. The President then put the question on excusing Mr. Davies on Monday, and it was determined in the negative.

Mr. Emmet

he be excused.

Mr. President, on behalf of Mr. Gibney, I ask that

The President then put the question on granting leave of absence to Mr. Gibney, and it was determined in the affirmative.

Mr. Titus Mr. President, Mr. Ohmeis left for home this afternoon quite ill, and I ask that he be excused.

The President put the question on granting leave of absence to Mr. Ohmeis, and it was determined in the affirmative.

Mr. Powell Mr. President, I, unfortunately, find myself in a position where I am compelled by matters which I have tried to the utmost of my ability to adjourn and to have set aside, to ask to be excused on Monday. I have stayed here to-day in the face of great inconvenience, because I was afraid we might not be able to get a quorum.

The President put the question on excusing Mr. Powell, and it was determined in the affirmative.

The President Does Mr. Cochran now make the point that there is no quorum?

Mr. Cochran - Mr. President, I do not want to have this Convention misunderstand my motives. I believe that when this rule to

hold sessions on Saturday afternoon was adopted, it was intended to apply uniformly to all. I believe that when this rule was adopted there were very many members voted for it that had no idea of coming here on Saturday. I think it is unfair to the members of this Convention who have stayed here and attended conscientiously to their duties, that the members who voted for this Saturday session should stay away. I think it is my duty, as a delegate, to insist that there is no quorum, and, if there are members of this body who are not here, but are attending to other business, I think they should be brought up here.

The President The Chair thinks there is a quorum. However, the Secretary will call the roll to ascertain if there is a quorum. Mr. Marshall — I call for a rising vote instead of a roll-call. Mr. Kerwin Mr. President, I object to any rising vote. For two days in succession we have had ninety-two only present, barely a quorum. I call for the ayes and noes.

Mr. E. R. Brown - Mr. President, I call the gentleman to order, as not having been recognized by the Chair.

Mr. E. A. Brown - Mr. President, I raise the point of order that nothing is in order after a roll-call was been ordered, and no argument or objection can be made.

Mr. Kerwin-Mr. President, I ask that the rule in force, when there is not a quorum present that the ayes and noes be called to ascertain the same, be enforced. I ask if the rule does not require a roll-call when a quorum is not present?

The President - The Chair is of the opinion that there is no occasion at present for a call of the House under rule 62 or 63.

-

Mr. Kerwin That does not answer the question. I raise the question of no quorum. The rules say that when that question is raised the roll shall be called.

The President - Let Mr. Kerwin point that out in the rules. The gentlemen will please rise and stand until they are counted, in order to ascertain if a quorum is present.

The Secretary then proceeded to count the members present. The President The gentlemen will be seated. There is