EXCHANGE DPT JOURNAL CONSTITUTIONAL CONVENTION (Hommmtwaltl) of 1917. PRINTED BY ORDER OF THE CONVENTION. BOSTON: WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 32 DERNE STREET. 1917. CHAPTER 98, GENERAL ACTS, 1916. [APPROVED APRIL 3, 1916.] AN ACT TO ASCEKTAIN AND CAREY OUT THE WILL OF THE PEOPLE RELATIVE TO THE CALLING AND HOLDING OF A CONSTITU- TIONAL CONVENTION. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the- authority of the same, as follows: SECTION 1. For the purpose of ascertaining the will of the people of the commonwealth with reference to the calling and holding of a constitutional convention, the secretary of the com- monwealth shall cause to be placed on the official ballot to be used at the next annual state election the following question: "Shall there be a convention to revise, alter or amend the con- stitution of the commonwealth?" The votes upon said question shall be received, sorted, counted, declared and transmitted to the secretary of the commonwealth, laid before the governor and council, and by them opened and examined, in accordance with the laws relating to votes for state officers so far as they are applicable. The governor shall, by public proclamation, on or before the first Wednesday in January next, make known the result by declaring the number of votes in the affirmative and the number in the negative; and if it shall appear that a major- ity of said votes is in the affirmative, it shall be deemed and taken to be the will of the people that a convention be called and held to revise, alter or amend the constitution, and in his proclamation the governor shall call upon the people to elect delegates to the convention, at a special election to be held in all the cities and towns of the commonwealth on the first Tues- day in May in the year nineteen hundred and seventeen. SECTION 2. The number of delegates to be elected to the convention shall be three hundred and twenty, of whom sixteen shall be elected at large, sixty-four by the sixteen congressional districts, to wit, four by each district, and two hundred and forty by the legislative representative districts of the common- wealth, each district having the same number of delegates as it is then entitled to elect representatives to the general court. SECTION 3. Nomination of candidates for the office of dele- gate to the constitutional convention shall be made by nomina- tion papers without party or political designation which shall be signed in the aggregate by not less than twelve hundred voters for each candidate at large, by not less than five hundred voters for each candidate for delegate from a congressional district, and by not less than one hundred voters for each candidate for dele- 439433 98; GENERAL ACTS, 1916. gate Iroin a legislative representative district. Said papers shall be filed on or before five o'clock in the afternoon on the first Tuesday in March in the year nineteen hundred and seventeen. No person shall be a candidate for delegate in more than one district, or both in a district and at large. If nomination papers for more than one nomination for delegate are filed in behalf of a candidate, and if, within seventy-two hours after five o'clock in the afternoon of the first Tuesday in March aforesaid, he withdraws all but one nomination, the remaining nomination shall be valid. No person shall be a candidate for delegate from a legislative representative district in which he does not reside. SECTION 4. If in the commonwealth at large, or in any dis- trict, the number of persons nominated by nomination papers equals or exceeds three times the number to be elected delegates as provided by section two, a non-partisan primary shall be held in the commonwealth, or in such district, on the first Tuesday of April in the year nineteen hundred and seventeen. At such primary, twice the number of persons to be elected delegates shall be chosen from those nominated by nomination papers, and those so chosen shall be deemed nominated as candidates for delegate, and their names only shall appear on the ballot at said special election. The provisions of section five of this act shall, so far as is consistent herewith, apply to the primaries provided for by this section. SECTION 5. At the special election to be held under the pro- visions of section one, every person then entitled to vote for state officers shall have the right to vote for sixteen delegates at large, for four delegates from his congressional district, and for the number of delegates from his representative district to which that district is entitled under the provisions of section two. The number of delegates of each class for which the voter has the right to vote shall appear on the official ballot. No party or political designation shall appear on said ballot. SECTION 6. The persons elected delegates shall meet in con- vention in the state house, in Boston, on the first Wednesday in June in the year nineteen hundred and seventeen. They shall be the judges of the returns and election of their own members, and may adjourn from time to time; and one hundred and sixty- one of the persons elected shall constitute a quorum for the transaction of business. They shall be called to order by the governor, and shall proceed to organize themselves in convention, by choosing a president and such other officers and such com- mittees as they may deem expedient, and by establishing rules of procedure; and when organized, they may take into consider- ation the propriety and expediency of revising the present con- stitution of the commonwealth, or making alterations or amend- ments thereof. Any such revision, alterations or amendments, when made and adopted by the said convention, shall be submitted to the people for their ratification and adoption, in such manner as the convention shall direct; and if ratified and adopted by the people in the manner directed by the convention, the constitution shall be deemed and taken to be revised, altered or amended accordingly; and if not so ratified and adopted the CHAPTER 98, GENERAL ACTS, 1916. present constitution shall be and remain the constitution of the commonwealth. SECTION 7. The convention shall be provided by the sergeant- at-arms, at the expense of the commonwealth, with suitable quarters and facilities for exercising its functions. It shall estab- lish the compensation of its officers and members, which shall not exceed seven hundred and fifty dollars for each member of the convention as such. It shall, subject to the approval of the governor and council, provide for such other expenses of its ses- sion as it shall deem expedient, and may cause to be prepared and issued a statement briefly setting forth such arguments as the convention may see fit relative to any revision, alteration or amendment of the constitution adopted by it, or any part thereof. The members of the convention shall receive the mileage speci- fied in section eight of chapter three of the Revised Laws, as amended by chapter six hundred and seventy-six of the acts of the year nineteen hundred and eleven. The governor, with the advice and consent of the council, is authorized to draw his war- rant on the treasury for any of the foregoing expenses. SECTION 8. The secretary of the commonwealth is hereby directed to transmit forthwith printed copies of this act to the selectmen of each town and the mayor of each city within the commonwealth; and whenever the governor shall issue his proc- lamation, calling upon the people to elect delegates, the secre- tary shall also, immediately thereafter, transmit printed copies of said proclamation, attested by him, to the selectmen and mayors. SECTION 9. All laws relating to nominations and nomination papers, and to primaries, elections and corrupt practices therein, shall, so far as is consistent herewith, apply to the nomination of candidates for delegate to the convention, and to the prima- ries and special election provided for by this act. JOURNAL OF THE CONVENTION. Pursuant to the provisions of chapter 98 of the General Acts Constitutional of the General Court of 1916, entitled "An Act to ascertain and carry out the will of the people relative to the calling and delegates. holding of a Constitutional Convention", approved April 3, 1916 (the same having received a majority vote at the annual state election, November 7, 1916), the persons chosen at an election held on the first Tuesday of May in the year 1917 as delegates to said Convention assembled at the State House, in the chamber of the House of Representatives, on the first Wednesday of June following, being the sixth day thereof. And at eleven o'clock A.M. His Excellency Samuel W. McCall, Governor of the Commonwealth, entered the Representatives' Chamber, escorted by the Sergeant-at-Arms of the General Court, and accompanied by his Honor Calvin Coolidge, Lieutenant- Governor of the Commonwealth, and by members of the Coun- cil and the Staff. His Excellency immediately called the Convention to order; Convention and, at His Excellency's request, prayer was offered by the callec Right Reverend William Lawrence, D.D., of Boston, Bishop of Massachusetts (Episcopal). His Excellency then addressed the members in relation to the Convention and to their duties. Call of the Roll. Mr. Barnes of Mansfield then offered the following order: Ordered, That the Secretary of the Commonwealth call the Caiiofthe roll of the persons whose certificates of election have been re- turned to his office as the duly elected delegates to this Con- vention, in order to ascertain if a quorum is present. The order was adopted; and the roll of the Convention was called by Hon. Albert P. Langtry, Secretary of the Common- wealth. Three hundred and twelve delegates answered to their names; and His Excellency declared a quorum present. Qualification of Members. On motion of Mr. Creamer of Lynn, Voted, That oaths of qualification be administered to the mem- Oaths of bers of the Convention. qualification. His Excellency then administered the following oaths: I, (name), do solemnly swear that I will bear true faith and allegiance to The Commonwealth of Massachusetts, and will sup- port the Constitution thereof. So help me, God. I, (name), do solemnly swear and affirm that I will faithfully and impartially discharge and perform all the duties incumbent . OF THE CONVENTION, on me as a delegate to the Constitutional Convention authorized by chapter 98 of the General Acts of 1916, according to the best of my abilities and understanding, agreeably to the rules and regulations of the Constitution and laws of the Commonwealth. So help me, God. I, (name), do solemnly swear that I will support the Constitu- tion of the United States. List of qualified These oaths were taken and subscribed by the following- named delegates : DELEGATES AT LAEGE. John W. Cummings of Fall River. David I. Walsh of Fitchburg. Charles Francis Adams of Concord. Joseph C. Pelletier of Boston. Sherman L. Whipple of Brookline. John L. Bates of Brookline. Matthew Hale of Boston. Josiah Quincy of Boston. George W. Coleman of Boston. George W. Anderson of Brookline. Edwin U. Curtis of Boston. Joseph Walker of Brookline. Daniel R. Donovan of Springfield. Louis A. Coolidge of Milton. James T. Moriarty of Boston. Charles F. Choate, Jr., of Southborough. FROM CONGRESSIONAL DISTRICTS. District 1. Nathan P. Avery of Holyoke. Charles E. Hibbard of Pittsfield. Dana Malone of Greenfield. Harry B. Putnam of Westfield. District 2. Henry H. Bosworth of Springfield. Scott Adams of Springfield. William H. Feiker of Northampton. George B. Churchill of Amherst. District 8. Arthur H. Lowe of Fitchburg. Herbert Parker of Lancaster. Herbert E. Cummings of N. Brookfield. Telesphore Leboeuf of Webster. District 4. Charles G. Washburn of Worcester. James Logan of Worcester. Charles T. Tatman of Worcester. Zelotes W. Coombs of Worcester. District 5. Hamlet S. Greenwood of Lowell. Edward Fisher of Westford. Chester W. Clark of Wilmington. John W. Daly of Lowell. District 6. Charles O. Bailey of Newbury. Willfred W. Lufkin of Essex. Samuel W. George of Haverhill. Edmund G. Sullivan of Salem. District 7. Walter H. Creamer of Lynn. Michael A. Sullivan of Lawrence. James A. Donovan of Lawrence. Ralph S. Bauer of Lynn. District 8. Everett C. Benton of Belmqnt. Harry N. Stearns of Cambridge. Albert Bushnell Hart of Cambridge. John Q. A. Brackett of Arlington. District 9. Charles Bruce of Everett. Arthur B. Curtis of Revere. Charles L. Underbill of Somerville. Elbridge G. Davis of Maiden. District 10. James H. Brennan of Boston. Joseph J. Murley of Boston. Thomas F. Donovan of Boston. James E. Maguire of Boston. District 11. Daniel W. Lane of Boston. Francis J. Horgan of Boston. Francis R. Bangs of Boston. John A. Keliher of Boston. District 12. Patrick Bowen of Boston. James F. Creed of Boston. Joseph F. O'Connell of Boston. Daniel J. Gallagher of Boston. District 13. Samuel L. Powers of Newton. Frederick L. Anderson of Newton. Robert Luce of Waltham. District 14. Asa P. French of Randolph. Louis F. R. Langelier of Quincy. George L. Barnes of Weymouth. Ezra W. Clark of Brockton. District 15. Frederick S. Hall of Taunton. Joseph Turner of Fall River. James M. Morton of Fall River. Joseph L. Sweet of Attleboro. District 16. Charles Mitchell of New Bedford. Elmer L. Curtiss of Hingham. Samuel Ross of New Bedford. Arthur N. Harriman of New Bedford. Charles S. Bird, Jr., of Walpole duly elected; qualified September 13. WEDNESDAY, JUNE 6, 1917. FROM REPRESENTATIVE DISTRICTS. First Barnstdble District. John D. W. Bodfish of Barnstable. Second Barnstable District. George LeRoy Weekes of Harwich. Third Barnstable District. Jerome S. Smith of Provincetown. First Berkshire District. Isaac Freeman Hall of North Adams. Second Berkshire District. George B. Waterman of Williamstown. Third Berkshire District. Charles Stoeber of Adams. Fourth Berkshire District. Clement F. Coogan of Pittsfield. William A. Burns of Pittsfield. Irving D. Ferrey of Pittsfield. Fifth Berkshire District. John M. Shea of Dalton. Sixth Berkshire District. Charles Giddings of Great Barrington. First Bristol District. Edward A. Sweeney of Attleboro. John L. Thompson of N. Attleborough. Second Bristol District. Clarence A. Barnes of Mansfield. Third Bristol DiKtrict. Louis Swig of Taunton. Fourth Bristol District. Edmund Bassett of Taunton. Fifth Bristol District. Dwight F. Lane of Dighton. Sixth Bristol District. Herbert Wing of Dartmouth. Seventh Bristol District. George Walker of New Bedford. Joseph Zol Boucher of New Bedford. Eighth Bristol District. James P. Doran of New Bedford. William J. Bullock of New Bedford. Ralph L. Theller of New Bedford. Ninth Bristol District. James Whitehead of Fall River. George H. Hicks of Fall River. Tenth Bristol District. William Moran of Fall River. Patrick H. Harrington of Fall River. Eleventh Bristol Diftrict. Warren S. Barker of Fall River. William Cyril Crossley of Fall River. Robert A. Dean of Fall River. First Dukt.s District. William J. Look of Tisbury. First Essex District. Samuel I. Collins of Amesbury. Second Essex District. Edward R. Hale of Haverhill. Third Essex District. Hubert C. Thompson of Haverhill. Fourth Essex District. Charles H. Morrill of Haverhill. George P. Webster of Haverhill. Fifth Essex District. Archie N. Frost of Lawrence. Albion G. Peirce of Methuen. Sixth Essex District. John C. Twomey of Lawrence. Seventh Essex District. James H. Derbyshire of Lawrence Eighth Essex District. James P. Donnelly of Lawrence. Ninth Essex District. Nesbit G. Gleason of Andover. Tenth Essex District. Arthur Holbrook Wellman of Topsfield. Eleventh Essex District. Charles P. Cooney of Peabody. Twelfth Essex District. Augustus J. Hoitt of Lynn. Mial W. Chase of Lynn. Thirteenth Essex District. Frank P. Bennett of Saugus. Rutherford E. Smith of Lynnfield. Elmer E. Boyer of Lynn. Fourteenth Essex District. Eugene B. Fraser of Lynn. Henry T. Lummus of Lynn. Roy F. Bergengren of Lynn. Fifteenth Essex District. Charles D. C. Moore of Swampscott. Sixteenth Essex District. William D. T. Trefry of Marblehead. Seventeenth Essex District. Albert W. Batchelder of Salem. Eighteenth Essex District. John P. O'Connell of Salem. Nineteenth Essex District. Edward Thompson of Beverly. Twentieth Essex District. Augustus P. Loring of Beverly. Twenty-first Essex District. George Frye Merrill of Gloucester. Twenty-second Essex District. Carl ton W. Wonson of Gloucester. 10 JOURNAL OF THE CONVENTION, Twenty-third Essex District. Horace I. Bartlett of Newburyport. Twenty-fourth Essex District. Harold A. Besse of Newburyport. First Franklin District. Lyman A. Crafts of Whately. Second Franklin District. Abner S. McLaud of Greenfield. Third Franklin District. . Frank L. Boyden of Deerfield. Fourth Franklin District. Elisha S. Hall of Orange. First Hampden District. Thomas W. Kenefick of Palmer. Second Hampden District. Fred R. Linke of West Springfield. Nelson Sherburne of West Springfield. Third Hampden District. William J. Granfield of Springfield. John Mitchell of Springfield. Fourth Hampden District. Theodore W. Ellis of Springfield. George H. Foss of Springfield. Fifth Hampden District. Rufus H. Tilton of Springfield. Sixth Hampden District. John L. Kilbon of Springfield. Seventh Hampden District. Samuel F. Brown of Springfield. Eighth Hampden District. John D. O'Connor of Chiccpee. Ninth Hampden District. John S. Begley of Holyoke. Tenth Hampden District. Louis F. Delaney of Holyoke. Eleventh Hampden District. Daniel A. Martin of Holyoke. Twelfth Hampden District. Arthur S. Kneil of Westfield. First Hampshire District. Rufus H. Cook of Northampton. Second Hampshire District. Frank E. Lyman of Easthampton. Third Hampshire District. Henry E. Gaylord of South Hadley. Fourth Hampshire District. Roland D. Sawyer of Ware. First Middlesex District. James T. Barrett of Cambridge. Second Middlesex District. James F. Aylward of Cambridge.. William R. Davis of Cambridge. Charles J. Wood of Cambridge. Third Middlesex District. John P. Good of Cambridge. Robert Walcott of Cambridge. John T. Shea of Cambridge. Fourth Middlesex District. Guy M. Winslow of Newton. James A. Lowell of Newton. James P. Richardson of Newton. Fifth Middlesex District. Patrick S. Broderick of Waltham. Francis E. Webster of Waltham. Sixth Middlesex District. Robert S. Corrigan of Natick. Seventh Middlesex District. John M. Merriam of Framingham. Eighth Middlesex District. Edward Carr of Hopkinton. Ninth Middlesex District. Charles F. McCarthy of Marlborough. Tenth Middlesex District. Frederick P. Glazier of Hudson. Eleventh Middlesex District. Edward J. Robbins of Chelmsford. Twelfth Middlesex District. Edward A. Richardson of Ayer. Thirteenth Middlesex District. William Wheeler of Concord. Fourteenth Middlesex District. Peter Daley of Lowell. Patrick F. Nestor of Lowell. Fifteenth Middlesex. District. William H. Wilson of Lowell. Smith J. Adams of Lowell. Henry V. Charbonneau of Lowell. Sixteenth Middlesex District. John J. O'Connell of Lowell. Seventeenth Middlesex District. Maurice A. Buck of Billerica. Eighteenth Middlesex District. Charles P. Howard of Reading. Arthur N. Newhall of Stoneham. Nineteenth Middlesex District. Raymond P. Dellinger of Wakefield. Twentieth Middlesex District. Thomas J. Boynton of Everett. H. Huestis Newton of Everett. Twenty-first Middlesex District. Maurice R. Flynn of Maiden. Truman R. Hawley of Maiden. Alexander Kerr of Maiden. Twenty-second Middlesex District. George R. Jones of Melrose. Twenty-third Middlesex District. Francis P. Garland of Somerville. Henry C. Brine of Somerville. Leonard B. Chandler of Somerville. WEDNESDAY, JUNE 6, 1917. 11 Twenty-fourth Middlesex District. J. Warren Bailey of Somerville. J. Franklin Knotts of Somerville. William J. Shanahan of Somerville. Twenty-fifth Middlesex District. Charles Frederick Dutch of Winchester. Twenty-sixth Middlesex District. Benjamin F. Haines of Medford. Fred J. Burrell of Medford. Twenty-seventh Middlesex District. J. Howell Crosby of Arlington. Twenty-eighth Middlesex District. Robert P. Clapp of Lexington. Twenty-ninth Middlesex District. George H. Dale of Watertown. First Nantucket District. Reginald T. Fitz-Randolph of Nantucket. First Norfolk District. Henry M. Hutchings of Dedham. Second Norfolk District. James M. Codman, Jr., of Brookline. Fred Homer Williams of Brookline. Third Norfolk District. John W. McAnarney of Quincy. Brooks Adams of Quincy. Paul R. Blackmur of Quincy. Fourth Norfolk District. Lincoln Bryant of Milton. Fifth Norfolk District. Wallace H. Bicknell of Weymouth. Sixth Norfolk District. Louis Edwin Flye of Holbrook. Seventh Norfolk District. Timothy F. Quinn of Sharon. Eighth Norfolk District. George Franklin Willett of Norwood. Ninth Norfolk District. Albert E. Pillsbury of Wellesley. Tenth Norfolk District. Orestes T. Doe of Franklin. First Plymouth District. Harry R. Talbot of Plymouth. Second Plymouth District. Ernest H. Sparrell of Norwell. Third Plymouth District. Walter L. Bouve of Hingham. Fourth Plymouth District. George W. Kelley of Rockland. Fifth Plymouth District. Clarence W. Harding of Whitman. Sixth Plymouth District. Robert T. Delano of Wareham. Seventh Plymouth District. Albert H. Washburn of Middleborough. Eighth Plymouth District. Edward A. MacMaster of Bridgewater. Ninth Plymouth District. Patrick Peterson of Brockton. Tenth Plymouth District. E. Gerry Brown of Brockton. Eleventh Plymouth District. A. Webster Butler of Brockton. First Suffolk District. Thomas R. Kelley of Boston. Christopher A. Sheehan of Boston. Second Suffolk District. William J. Sullivan of Boston. John J. Douglass of Boston. Third Suffolk District. Thomas H. Green of Boston. James J. Brennan of Boston. Fourth Suffolk District. John J. Mahoney of Boston. Fifth Suffolk District. Martin M. Lomasney of Boston. Alfred P. Scigliano of Boston. David Mancovitz of Boston. Sixth Suffolk District. Timothy F. Callahan of Boston. John A. Donoghue of Boston. John J. Gartland of Boston. Seventh Suffolk District. Guy W. Cox of Boston. David T. Montague of Boston. William S. Kinney of Boston. Eighth Suffolk District. Charles P. Curtis, Jr., of Boston. Henry Parkman of Boston. Ninth Suffolk District. William Flaherty of Boston. Martin L. Martin of Boston. Tenth Suffolk District. Daniel V. Mclsaac of Boston. Robert E. Bigney of Boston. Eleventh Suffolk District. John W. McCprmack of Boston. Michael J. Reidy of Boston. Twelfth Suffolk District. John J. Mansfield of Boston. Herbert A. Kenny of Boston. * Walter F. Russell of Brockton duly elected. Died June 22, 1917. t James J. Mullen, Jr., of Boston, and Joseph M. Sullivan, of Boston, received the same number of votes. Mr. Sullivan declared entitled to -the seat, June 26; qualified July 10. 12 JOURNAL OF THE CONVENTION, Thirteenth Suffolk District. John H. Craven of Boston. Timothy J. Driscoll of Boston. Fourteenth Suffolk District. Francis M. Costello of Boston. William H. Sullivan of Boston. Fifteenth Suffolk District. Luke L. Kelly of Boston. George H. McCaffrey, Jr., of Boston. Sixteenth Suffolk District. David Stoneman of Boston. John Ballantyne of Boston. Seventeenth Suffolk District. Dennis D. Driscoll of Boston. William J. Coughlan of Boston. Eighteenth Suffolk District. John F. Myron of Boston. James J. Moynihan of Boston. Nineteenth Suffolk District. John F. Cusick of Boston. Sanford Bates of Boston. Joseph Michelman of Boston. Twentieth Suffolk District. E. Philip Finn of Chelsea. Twenty-first Suffolk District. Eugene P. Whittier of Winthrop. Twenty-second Suffolk District. Joseph J. Leonard of Boston. John Graumann of Boston. Francis N. Balch of Boston. Twenty-third Suffolk District. John L. Murphy of Chelsea. Twenty-fourth Suffolk District. George S. Parker of Boston. Augustus W. Perry of Boston. Percy G. Bolster of Boston. Twenty-fifth Suffolk District. William S. Youngman of Boston. Twenty-sixth Suffolk District. Daniel H. Coakley of Boston. Twenty-seventh Suffolk District. Michael F. Shaw of Revere. First Worcester District. Andrew Foster Hamilton of Athol. Second Worcester District. David R. Collier of Gardner. Charles M. Day of Winchendon. Third Worcester District. John A. White of North Brookfield. Fourth Worcester District. George H. Robinson of Sturbridge. Fifth Worcester District. Louis O. Rieutord of Southbridge. Sixth Worcester District. Joseph A. Love of Webster. Seventh Worcester District. Herbert L. Ray of Sutton. Eighth Worcester District. James R. Ferry of Northbridge. Ninth Worcester District. John C. Lynch of Milford. Joseph S. Gates of Westborough. Tenth Worcester District. Allan G. Buttrick of Lancaster. Amos T. Saunders of Clinton. Eleventh Worcester District. Edward H. Nutting of Leominster. Frank S. Farnsworth of Leominster. Twelfth Worcester District. Benjamin A. Cook of Fitchburg. Henry H. Wheelock of Fitchburg. Thirteenth Worcester District. Clarence W. Hobbs, Jr., of Worcester. Fourteenth Worcester District. Josiah B. Shattuck of Worcester. Fifteenth Worcester District. Sixteenth Worcester District. Mark N. Skerrett of Worcester. Seventeenth Worcester District. Francis P. McKeon of Worcester. Eighteenth Worcester District. Charles G. Larson of Worcester. Nineteenth Worcester District. S. Hamilton Coe of Worcester. Twentieth Worcester District. Charles R. Johnson of Worcester. Twenty-first Worcester District. George F. Brooks of Worcester. Twenty-second Worcester District. Frank F. Dresser of Worcester. Communication from Patrick H. Jennings of Boston. Claim for a Seat in the Convention. Mr. Moriarty of Boston presented a communication from Pat- rick H. Jennings of Boston, by his attorney, claiming election as a delegate at large, and requesting that the Convention examine, count and tabulate all ballots cast for delegates at large. * Daniel J. Marshall of Worcester duly elected; qualified June 11. WEDNESDAY, JUNE 6, 1917. 13 The communication was read by the Secretary of the Common- wealth, and His Excellency stated that it would be placed on file for subsequent consideration. Election of a Secretary. Mr. Underbill of Somerville then moved that the Convention Election of proceed to the election of a Secretary, and that Mr. James W. Kimball of Swampscott be elected to that office by acclamation, tion. The motion was unanimously adopted, and His Excellency declared that Mr. Kimball had been duly elected Secretary #f the Convention. His Excellency appointed Mr. Underhill and Messrs. Bailey of Newbury and Creamer of Lynn a committee to notify Mr. Kimball of his election, and to conduct him into the presence of the Convention. Oaths of qualification were then administered by His Excel- lency, and were taken and subscribed by Mr. Kimball; and the Secretary entered upon the duties of his office. Election of a President. Mr. Williams of Brookline moved that the Convention proceed to the election by ballot of a President of the Convention, and theConven- that the Chair appoint a committee to receive, sort and count tl( the votes. Mr. Quincy of Boston moved that the motion be amended by substituting therefor the following: Voted, That the Convention now proceed to the election of its permanent president in the following manner, viz : Nomina- tions and speeches in support of candidates nominated to be first in order, and when there are no more nominations or nominating speeches to be made the Convention to proceed to the choice of its permanent president by the calling of the roll of members of the Convention, each member who is present naming his choice for president when his name is called, and any candidate thus receiving a majority of all the votes cast to be declared elected President of the Convention. Mr. Hart of Cambridge moved that the question on the amend- ment moved by Mr. Quincy be determined by a call of the yeas and nays. After debate this motion was adopted, by a vote of 192 to 74. Accordingly the roll was called; and the amendment was adopted, by a vote of 290 yeas to 24 nays, as follows : YEAS.* Messrs. Adams, Brooks Messrs. Bailey, J. Warren Adams, Charles Francis Barker, Warren S. Adams, Scott Barnes, Clarence A. Adams, Smith J. Barnes, George L. Anderson, Frederick L. Barrett, James T. Anderson, George W. Bassett, Edmund Avery, Nathan P. Batchelder, Albert W. Aylward, James F. Bates, John L. * See " Questions of Privilege " on page 33. 14 JOURNAL OF THE CONVENTION, Messrs. Bates, Sanford Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. BickneJl, Wallace H. Bigney, Robert E. Blackmur, Paul R. Bodfish, John D. W. Bolster, Percy G. Bosworth, Henry H. Boucher, Joseph Zoel Bouve*, Walter L. Bowen, Patrick Boyden, Frank L. Boyer, Elmer E. Boynton, Thomas J. Brackett, John Q. A. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brooks, George F. Brown, Samuel F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Bullock, William J. Burns, William A. Burrell, Fred J. Butler, A. Webster . Callahan, Timothy F. Carr, Edward Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Ezra W- Coakley, Daniel H. Coe, S. Hamilton Coleman, George W. Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coolidge, Louis A. Coombs, Zelotes W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Cox, Guy W. Crafts, Lyman A. Craven, John H. Creamer, Walter H. Creed, James F. Crosby, J. Howell Crossley, William Cyril Cummings, Herbert E. Cummings, John W. Curtis, Arthur B. Cusick, John F. Dale, George H. Messrs. Daley, Peter Daly, John W. Davis, Elbridge G. Davis, William R. Day, Charles M. Dean, Robert A. Delaney, Louis F. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Doe, Orestes T. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Douglass, John J. Dresser, Frank F. Driscoll, Dennis D. Driscoll, Timothy J. Dutch, Charles Frederick Ellis, Theodore W. Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Finn, E. Philip Fisher, Edward Fitz-Randolph, Reginald T. Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Foss, George H. Fraser, Eugene B. French, Asa P. Frost, Archie N. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Gates, Joseph S. Gaylord, Henry E. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Granfield, William J. Graumann, John Green, Thomas H. Greenwood, Hamlet S. Haines, Benjamin F. Hale, Edward R. Hale, Matthew Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hawley, Truman R. Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. WEDNESDAY, JUNE 6, 1917. Messrs. Horgan, Francis J. Howard, Charles P. Hutchings, Henry M. Johnson, Charles R. Jones, George R. Keliher, John A. Kelley, George W. Kelley, Thomas R. Kelly, Luke L. Kenefick, Thomas W. Kenny, . Herbert A. Kerr, Alexander Kilbon, John L. Kinney, William S. Kneil, Arthur S. Knotts, J. Franklin Lane, Daniel W. Lane, Dwight F. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Linke, Fred R. Logan, James Lomasney, Martin M. Look, William J. Loring, Augustus P. Love, Joseph A. Lowe, Arthur H. Lowell, James A. Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Malone, Dana Mancovitz, David Mansfield, John J. Martin, Daniel A. Martin, Martin L. McAnarney, John W. McCaffrey, George H., Jr. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merriam, John M. Merrill, George Frye Michelman, Joseph Mitchell, Charles Mitchell, John Moore, Charles D. C. Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Murphy, John L. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. Messrs. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Parker, George S. Parker, Herbert Parkman, Henry Peirce, Albion G. Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Powers, Samuel L. Putnam, Harry B. Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Richardson, Edward A. Rieutprd, Louis O. Robbins, Edward J. Robinson, George H. Ross, Samuel Saunders, Amos T. Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shattuck, Josiah B. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Smith, Jerome S. Smith, Rutherford E. Sparrell, Ernest H. Stearns, Harry N. Stoeber, Charles Stoneman, David Sullivan, Edmund G. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Sweeney, Edward A. Swig, Louis Talbot, Harry R. Tatman, Charles T. Theller, Ralph L. Thompson, Edward Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Twomey, John C. Walcott, Robert Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Washburn, Charles G. Webster, Francis E. Webster, George P. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William 16 JOURNAL OF THE CONVENTION, Messrs. Wheelock, Henry H. Messrs. Willett, George Franklin Whipple, Sherman L. Wing, Herbert White, John A. Winslow, Guy M. Whitehead, James Wood, Charles J. Whittier, Eugene P. Youngman, William S. NAYS. Messrs. Bailey, Charles O. Messrs. Curtiss, Elmer L. Balch, Francis N. George, Samuel W. Ballantyne, John Luce, Robert Bangs, Francis R. Montague, David T. Bartlett, Horace I. Morton, James M. Benton, Everett C. PUlsbury, Albert E. Besse, Harold A. Richardson, James P. Brown, E. Gerry Sweet, Joseph L. Buttrick, Allan G. Underbill, Charles L. Clark, Chester W. Waterman, George B. Codman, James M., Jr. Williams, Fred Homer Curtis, Charles P., Jr. Wilson, William H. 290 yeas; 24 nays. The motion of Mr. Williams, as thus amended, was then adopted. Nominating ]y[ r> William H. Sullivan of Boston moved that nominating speeches be limited to five minutes each; and this motion was adopted. After nominations had been made and seconded the roll was called, and the following-named delegates voted for John L. Bates of Brookline: Messrs. Adams, Charles Francis Messrs. Buttrick, Allan G. Adams, Scott Chandler, Leonard B. Avery, Nathan P. Chase, Mial W. Bailey, Charles O. Choate, Charles F., Jr. Bailey, J. Warren Churchill, George B. Balch, Francis N. Clapp, Robert P. Ballantyne, John Clark, Chester W. Bangs, Francis R. Clark, Ezra W. Barker, Warren S. Codman, James M., Jr. Barnes, Clarence A. Coe, S. Hamilton Barnes, George L. Collier, David R. Bartlett, Horace I. Collins, Samuel I. Bassett, Edmund Coogan, Clement F. Bates, Sanford Cook, Benjamin A. Benton, Everett C. Cook, Rufus H. Besse, Harold A. Coolidge, Louis A. Blackmur, Paul R. Coombs, Zelotes W. Bodfish, John D. W. Cox, Guy W. Bolster, Percy G. Crafts, Lyman A. Bosworth, Henry H. Crosby, J. Ho well Bouve", Walter L. Crossley, William Cyril Boyden, Frank L. Cummings, Herbert E. Boyer, Elmer E. Curtis, Arthur B. Brackett, John Q. A. Curtis, Charles P., Jr. Brooks, George F. Curtis, Edwin U. Brown, Samuel F. Curtiss, Elmer L. Bruce, Charles Dale, George H. Bryant, Lincoln Davis, Elbridge G. Buck, Maurice A. Davis, William R. Bullock, William J. Delano, Robert T. Burns, William A. Dellinger, Raymond P. Burrell, Fred J. Derbyshire, James H. WEDNESDAY, JUNE 6, 1917. 17 Messrs. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Ellis, Theodore W. Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Foss, George H. Fraser, Eugene B. French, Asa P. Frost, Archie N. Garland, Francis P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Graumann, John Greenwood, Hamlet S. Haines, Benjamin F. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Howard, Charles P. Hutchings, Henry M. Johnson, Charles R. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kerr, Alexander Kilbon, John L. Kinney, William S. Kneil, Arthur S. Knotts, J. Franklin Lane, Daniel W. Lane, Dwight F. Langelier, Louis F. R. Larson, Charles G. Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. M alone, Dana McAnarney, John W. Messrs. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Newhall, Arthur N. Nutting, Edward H. Parker, George S. Parker, Herbert Parkman, Henry Peirce, Albion G. Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Sherburne, Nelson Smith, Jerome S. Smith, Rutherford E. Sparrell, Ernest H. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Swig, Louis Tatman, Charles T. Theller, Ralph L. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William Wheelock, Henry H. White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wilson, William H. Wing, Herbert Wood, Charles J. Youngman, William S. The following-named delegates voted for Sherman L. Whipple of Brookline : Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Messrs. Anderson, George W. Aylward, James F. Barrett, James T. * See " Questions of Privilege " on page 33. 18 JOURNAL OF THE CONVENTION, Messrs. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Boucher, Joseph Zoe'l Bowen, Patrick Boyntpn, Thomas J. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Butler, A. Webster Callahan, Timothy F. Carr, Edward Charbonneau, Henry V. Coakley, Daniel H. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Craven, John H. Creamer, Walter H. Creed, James F. Cummings, John W. Cusick, John F. Daley, Peter Daly, John W. Day, Charles M. Dean, Robert A. Delaney, Louis F. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Gallagher, Daniel J. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Keliher, John A. Kelley, Thomas R. Kelly, Luke L. Messrs. Kenny, Herbert A. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Daniel A. Martin, Martin L. McCaffrey, George H., Jr. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moriarty, James T. Moynihan, James J. Murley, Joseph J. Murphy, John L. Myron, John F. Nestor, Patrick F. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Pellet ier, Joseph C. Perry, Augustus W. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Rieutord, Louis O. Ross, Samuel Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Skerrett, Mark N. Stoeber, Charles Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Talbot, Harry R. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Whitehead, James Winslow, Guy M. Wonson, Carlton W. WEDNESDAY, JUNE 6, 1917. 19 The following-named delegates voted for John W. Cummings of Fall River: Mr. Francis J. Horgan. Mr. William Moran. The following-named delegate voted for Martin M. Lomasney . of Boston : Mr. E. Gerry Brown. The following-named delegate voted for Brooks Adams of Quincy : Mr. Roland D. Sawyer. His Excellency then announced the result of the vote as follows : Whole number of votes, . . . . . .312 Necessary for a choice, ....... 157 Brooks Adams of Quincy had ...... 1 Martin M. Lomasney of Boston had .... 1 John W. Cummings of Fall River had . . . .2 Sherman L. Whipple of Brookline had .... 132 John L. Bates of Brookline had ..... 176 And declared Honorable John L. Bates of Brookline elected President of the Convention. Mr. Whipple of Brookline moved that the election of Mr. Bates be made unanimous; and this motion was adopted. His Excellency then appointed Mr. Whipple and Messrs. Brackett of Arlington and Walsh of Fitchburg a committee to notify the President of his election, and to conduct him to the chair. Upon being presented to the Convention by His Excellency the President spoke as follows : GENTLEMEN OF THE CONVENTION: I thank you for the con- Remarks by fidence you have shown and for the high honor you have con- the President, ferred upon me. To serve as your presiding officer is a great privilege that brings with it a correspondingly great duty. A full heart prompts me to say that it shall be my only purpose to so discharge that duty that your confidence may be fully justified. Without your hearty support I can not hope to suc- ceed. May all the differences that have attended the organiza- tion of this Convention in the deep ocean of oblivion be buried, and may the President have your united, helpful co-operation. The people have entrusted to us a great work, and we are here, in the language of the statute, to "take into consideration the propriety and expediency of revising the present Constitu- tion of the Commonwealth, or making alterations or amendments thereof." When the act was accepted by the people last November, in accordance with which we are now met, a large portion of the world was in a state of war. Since then our country has become involved in the great struggle. Yesterday our young men were 20 JOURNAL OF THP: CONVENTION, numbered and registered that they might be called into the mili- tary service of the nation. The greatest war in the history of the human race is being waged. Out of the confusion of its origin, and despite the proposals and ambitions of kings and men, it is each day becoming more clear that all humanity is divided into two great camps, and that by far the larger pro- portion fight shoulder to shoulder with us, not to change the boundaries of nations, not for conquest nor for spoils, but to down absolutism, to overthrow autocracy, and in its place to set up a genuine government of the people, to the end that "the world may be made safe for democracy." There is therefore a most interesting relationship between the world war and the work for which we are met. The Constitution of Massachusetts was "the first written Con- stitution in which the people appear at once as author of the government and subject of its laws." Adopted in 1780, it be- came the model of all that have followed. When adopted, no nation had a written constitution. To-day there is hardly any without one, and in them all, whether it be the constitution of a state in North or South America, in Europe or in Asia, one will find incorporated some of the principles that were first clearly enunciated in the Constitution of Massachusetts, and oftentimes one finds a wording so similar as to show conclusively that the Constitution adopted by Massachusetts in 1780 has been one of the greatest factors in changing the form of the government of humanity to that of a representative, constitu- tional democracy, under which the liberties of men have been secure and their progress unparalleled. It is the Massachusetts idea of democracy, then, that is the center of the world storm to-day, and may God grant that that idea, triumphant through- out the world, may soon usher in an epoch of peace and liberty and good will for all the peoples of the earth. In these mo- mentous times, then, let us approach our task with a view to help on the cause of democracy through constitutional govern- ment. We have not been elected as representative of any political faction, and approach the work with our minds free from any partisan prejudice. Let us not unduly delay on matters of mere procedure. May it not be with us "as with men whom small things move," but let us deliberate and argue fully the great things, the fundamentals, to the end that when our work is fin- ished we shall in no way have impaired or weakened the great principles from which our strength has been derived, but rather, so far as found necessary, shall have increased their breadth and scope so as to adapt them more fully to the conditions of the present age, and the future progress of the state. We are here for Massachusetts, and may all we do contribute to her prosperity, her security, her advancement, her strength and her honor. At the conclusion of the President's remarks His Excellency the Governor, His Honor the Lieutenant-Governor and other guests withdrew, under escort of the Sergeant-at-Arms of the General Court. WEDNESDAY, JUNE 6, 1917. 21 Committee on Rules and Procedure. Mr. Luce of Waltham offered the following order, which was adopted: Ordered, That a committee on Rules and Procedure be ap- Committee on pointed by the President, the same to consist of the President du? e and Pr ~ and eighteen other delegates, which committee shall consider and report as to the best method of proceeding to revise, alter or amend the Constitution, and shall report rules and orders for the government of the Convention; and that, in the mean time, the rules of the House of Representatives, as far as they are applicable, be observed as the rules of the Convention. Subsequently the President appointed Messrs. Luce of Wal- tham, Whipple of Brookline, Parker of Lancaster, Walsh of Fitchburg, Pillsbury of Wellesley, Edwin U. Curtis of Boston, Malone of Greenfield, Walker of Brookline, Powers of Newton, Boynton of Everett, Williams of Brookline, Hall of Taunton, Quincy of Boston, Underbill of Somerville, Ross of New Bedford, Washburn of Worcester, Pelletier of Boston and Hibbard of Pittsfield as members of the committee. Election of a Chaplain. Mr. Lane of Boston moved that the Convention proceed to the chaplain. election of a Chaplain; and this motion was adopted. Mr. Lane then nominated Rev. Edward A. Horton, D.D., of Boston, Chaplain of the Senate. Mr. Bennett of Saugus nominated Rev. Daniel W. Waldron of Boston, Chaplain of the House of Representatives. After debate Mr. Edwin U. Curtis of Boston moved that the vote be reconsidered whereby the Convention had voted to proceed to the election of a Chaplain; and this motion was adopted. Pending the recurring question Mr. Pelletier of Boston moved that the President be empowered to invite to serve as Chaplain such persons as he may from time to time select, such persons to serve without compensation. This motion was adopted; and the recurring question, as thus amended, was adopted. Election of a Sergeant-at-Arms. Mr. Bailey of Newbury moved that the Convention proceed to the election of a Sergeant-at-Arms; and this motion was Arms adopted. The same member moved the election by acclamation of Thomas F. Pedrick of Lynn as Sergeant-at-Arms. This motion was adopted, and Mr. Pedrick was declared elected Sergeant-at- Arms of the Convention. A communication from the Sergeant-at-Arms, stating that, in compliance with an order of the General Court, he had prepared the legislative rooms in the State House for the use of the Con- vention, and had made arrangements in detail for the comfort and convenience of the delegates, was read and placed on file. 22 JOURNAL OF THE CONVENTION, Daily papers. Secretary's assistants. Sergeant-at- Arms' assistants. Next session. Daily Newspapers. Mr. Sawyer of Ware offered the following order, which was adopted by a vote of 114 to 91: Ordered, That the Sergeant-at-Arms be authorized and directed to procure, for the use of the members of the Convention, two copies of each of the daily papers published in the cities of Boston, Worcester and Springfield, and one copy of each of the other daily papers published within the Commonwealth, Assistants for Secretary and Sergeant-at-Arms. Mr. George of Haverhill offered the following order, which was adopted: - Ordered, That the Secretary of the Convention be authorized to appoint an assistant secretary, and to employ such other assistants as may be approved by the committee on Rules and Procedure. Mr. Kenefick of Palmer offered the following order, which was adopted: Ordered, That the Sergeant-at-Arms be authorized to employ such assistants as may be approved by the committee on Rules and Procedure. Adjournment and Hour of Meeting. Mr. Parker of Lancaster moved that the Convention adjourn, to meet on Monday next at two o'clock P.M.; and this motion was adopted. Accordingly, at twenty-five minutes after two o'clock, the Convention adjourned. MONDAY, JUNE 11, 1917. 23 MONDAY, June 11, 1917. Met according to adjournment, at two o'clock P.M. Prayer was offered by Rev. J. Franklin Knotts of Somerville,. a member of the Convention. Record of Proceedings. The Secretary proceeded to read the journal of the proceed- journal of thV ings of Wednesday last; whereupon, on motion of Mr. Luce of Convention. Waltham, Voted, That the reading of the Journal be dispensed with, un- less otherwise ordered. On motion of Mr. Washburn of Worcester, - Ordered, That the reading of the Journal of the Convention be id. dispensed with, unless it shall be otherwise ordered; and that the Secretary be authorized to begin the daily printing of the Journal, that one thousand copies be printed, and that an attested copy thereof be deposited with the Secretary of the Commonwealth as the Journal of the Convention. Qualification of a Member. Mr. Daniel J. Marshall of Worcester, member-elect from the Member Fifteenth Worcester Representative District, being present, the Qualified, oaths of qualification were administered by the President of the Convention, and were duly taken and subscribed by Mr. Marshall. Members of the Convention of 1853. On motion of Mr. Hart of Cambridge, - Ordered, That all or any surviving members of the Massachu- Members of setts Constitutional Convention of 1853 receive the freedom of the Convention* the floor of this Convention. Assistants for Committee on Rules and Procedure. On motion of Mr. Boynton of Everett, Ordered, That the committee on Rules and Procedure be Committee on authorized to employ such assistants as they may deem to be SdSe?- P ' necessary, and that the persons so employed be required to assist assistants. members of the Convention and clerks of committees in the prep- aration of measures for presentation or report. Convention Printing. On motion of Mr. Quincy of Boston, Ordered, That the Secretary of the Convention be authorized Convention to employ the present contractors for the legislative printing to do the printing of the Convention, at the same rate of compensa- tion as is fixed by the existing contract for legislative printing. JOURNAL OF THE CONVENTION, Monitors of the Convention. Monitors. Mr Malone of Greenfield, for the committee on Rules and Procedure, who were authorized to report rules and orders for the government of the Convention, reported recommending the adop- tion of the following rules: - Two monitors shall be appointed for each division, whose duty it shall be to see the due observance of the rules and or- ders of the Convention, and on demand of the President to re- turn the number of votes and members in their respective divi- sions. If any member shall transgress any of the rules or orders of the Convention, and persist therein after being notified thereof by any monitor, it shall be the duty of such monitor to give in- formation thereof to the Convention. The report was read; and it was considered forthwith under a suspension of the rule, on motion of Mr. Malone, and was accepted. Accordingly said rules were adopted. W. Subsequently the President appointed the following Moni- tors : First Division. Messrs. Johnson of Worcester and Creed of Boston. Second Division. Messrs. Bailey of Newbury and Moran of Fall River. Third Division. Messrs. Youngman of Boston and Mc- Anarney of Quincy. Fourth Division. Messrs. Lowe of Fitchburg and Coleman of Boston. Committees of the Convention. S^Cm? -^ r * kuce f Waltham, for the committee on Rules and Pre- vention, cedure, who were authorized to report rules and orders for the government of the Convention, reported recommending the adop- tion of the following rule: - Standing committees shall be appointed as follows: A committee on Rules and Procedure (to consist of the Presi- dent, who shall be chairman of the committee, and eighteen other members). A committee on Bill of Rights; A committee on The General Court; A committee on Initiative and Referendum; A committee on Suffrage; A committee on State Finance; A committee on Taxation; A committee on Public Affairs; A committee on Social Welfare; A committee on Labor; A committee on the Liquor Traffic; A committee on Social Insurance; A committee on the Executive; A committee on State Administration; A committee on Municipal Government; A committee on County and District Government; MONDAY, JUNE 11, 1917. 25 A committee on Military Affairs; A committee on the Judiciary; A committee on Judicial Procedure; A committee on Education; and A committee on Amendment and Codification of the Constitu- tion; (Each to consist of fifteen members). A committee on Elections (to consist of nine members). A committee on Contingent Expenses and Pay-Roll; and A committee on Form and Phraseology; (Each to consist of five members). The report was read; and it was considered forthwith under a suspension of the rule, on motion of Mr. Luce. Mr. Brown of Brockton moved that the report be amended by the substitution of the following order: - Ordered, That each amendment to the Constitution adopted by this Convention be submitted separately from each other amend- ment, though at the same time with others, to the people for their action thereon. The President stated that the amendment was not germane to the matter before the Convention, and could not be entertained. Mr. O'Connell of Boston moved that the further consideration of the report be postponed until to-morrow; and this motion was negatived. Mr. Horgan of Boston moved that the report be amended by the substitution of the following: The Convention shall elect a committee of fifteen members, to be known as and called the "Committee on Committees." This committee shall determine the number, select the members and designate the chairman of all committees; provided, however, that nothing herein shall affect the membership and duties of the committee on Rules and Procedure. The President of the Convention shall be a member and chairman of the Committee on Committees. Mr. Bennett of Saugus moved that the report be laid on the table; and this motion was negatived. After debate Mr. Horgan withdrew the amendment moved by him, there being no objection. The report of the committee was then accepted; and, accord- ingly, said rule was adopted. Manner of Appointing Committees. Mr. Luce of Waltham," for the committee on Rules and Pro- Manner of cedure, who were authorized to report rules and orders for the government of the Convention, reported recommending the adop- tion of the following rule : Standing committees shall be appointed by the President, and special committees unless otherwise directed by the Conven- tion, and the member first named shall be chairman. The report was read; and it was considered forthwith under a suspension of the rule, on motion of Mr. Luce. Mr. Horgan of Boston moved that the report be amended by 26 JOURNAL OF THE CONVENTION, inserting after the word "President," the words "unless other- wise ordered by the Convention,". Mr. Anderson of Brookline moved that the report be amended by inserting after the word "President," the words "subject to the approval of the Convention,". After debate the amendments were severally rejected. The report of the committee was then accepted; and, accord- ingly, said rule was adopted. Manner of submitting amendments to the people. Submission of Amendments to the People. Mr. Brown of Brockton offered the following order: - Ordered, That each amendment to the Constitution adopted by this Convention be submitted separately from each other amend- ment, though at the same time with others, to the people for their action thereon. Mr. Underhill of Somerville moved that the order be laid on the table; and this motion was adopted. Assignment of seats. Id. Assignment of Seats. On motion of Mr. Underhill of Somerville, - Ordered, That a seat be assigned to each member of the Con- vention, the same to be drawn by lot under the direction of a committee to be appointed by the President, subject to the as- signment by him of seats to the Monitors and to the member first named on the committee on Rules and Procedure, and to the assignment of seats for special reasons by -vote of the Con- vention. The President appointed Messrs. Bailey of Newbury, Creed of Boston and Coleman of Boston a committee to supervise the drawing of seats. On motion of Mr. Luce of Waltham, - Ordered, That seats be assigned by the President to the Hon. John Q. A. Brackett of Arlington and the Hon. David I. Walsh of Fitchburg, former Governors of the Commonwealth, and to the Hon. James M. Morton of Fall River, former Justice of the Supreme Judicial Court of the Commonwealth. Accordingly the President assigned seat No. 6 to Mr. Brackett, seat No. 7 to Mr. Walsh, and seat No. 5 to Mr. Morton. Before the drawing commenced, On motion of Mr. Bullock of New Bedford Mr. Delano of Wareham was allowed to select seat No. 161. On motion of Mr. Bates of Boston Mr. Maguire of Boston was allowed to select seat No. 19. On motion of Mr. Coleman of Boston Mr. Bodfish of Barn- stable was allowed to select seat No. 58. On motion of Mr. Sawyer of Ware Mr. Lomasney of Boston was allowed to select seat No. 128. On motion of Mr. Davis of Maiden Mr. Kerr of Maiden was allowed to select seat No. 26. On motion of Mr. Collins of Amesbury Mr. Smith of Province- town was allowed to select seat No. 23. MONDAY, JUNE 11, 1917. 27 Adjournment and Hour of Meeting. On motion of Mr. Washburn of Worcester, Voted, That, when the Convention adjourns to-day, it adjourn Adjournment. to meet to-morrow at two o'clock P.M. At twenty-one minutes before five o'clock, on motion of Mr. Blackmur of Quincy (Mr. Morton of Fall River being in the chair), the Convention adjourned. 28 JOURNAL OF THE CONVENTION, TUESDAY, June 12, 1917. Met according to adjournment, at two o'clock P.M. Prayer was offered by Rev. Roland D. Sawyer of Ware, a member of the Convention. Proposed postponement of the Con- vention. Communication from the Governor. A communication was received from His Excellency the Gov- ernor transmitting a telegram from Congressman Samuel E. Winslow of Worcester suggesting that " public welfare might be best served by the adjournment of the Convention for at least a year and perhaps ultimately until after the termination of the war into which our country has entered/' and giving rea- sons therefor. The communication and accompanying telegram were read; and they were placed on file. Assistant secretary of Convention. of the Assistant Secretary of the Convention. A communication from the Secretary, announcing that he had appointed Frank E. Bridgman of Boston assistant secretary of the Convention, under authority of an order adopted by the Convention on June 6, was read; and it was placed on file. Rules of the Convention. Rules of the Convention. Mr. Luce of Waltham, for the committee on Rules and Pro- cedure, who were authorized to report rules and orders for the government of the Convention, reported recommending the adop- tion of rules for the government of the Convention, to supersede those now being observed. On motion of Mr. Luce the reading of the report was dispensed with; and, under the rule, it was placed in the Orders of the Day for the next session. (See Convention Document No. 1.) Manner of submitting amendments to the people. Submission of Amendments to the People. On motion of Mr. Underbill of Somerville the following order, offered by Mr. Brown of Brockton, was taken from the table: Ordered, That each amendment to the Constitution adopted by this Convention be submitted separately from each other amend- ment, though at the same time with others, to the people for their action thereon. The same member moved that the order be referred to the committee on Amendment and Codification of the Constitution, when appointed. TUESDAY, JUNE 12, 1917. 29 Mr. Bennett of Saugus moved that the rule be suspended which limits to ten minutes debate on the motion to commit; and this motion was negatived, by a vote of 93 to 138. The Convention then refused, by a vote of 113 to 144, to refer the order to the committee. Mr. Quincy of Boston moved that the order be amended by the substitution of the following: Ordered, That all separate proposals to amend the Constitution Manner of be framed and adopted in form for separate submission to the jSmdSfts people, except so far as any of the same may be necessarily de- to the p**^ 16 - pendent on each other. Mr. Washburn of Middleborough moved that the amendment be amended by the substitution of the following: Ordered, That the revision, alterations, or amendments made w. by this Convention, shall be proposed in distinct articles, each article to consist, as far as may be, of one independent proposi- tion; and the whole to be so arranged that, upon the adoption or rejection of any one or more of them, the other parts of the Constitution may remain complete, and consistent with each other. And if any two or more propositions shall appear to be so connected together that the adoption of one and the rejection of another of them would produce a repugnance between differ- ent parts of the Constitution, or would introduce an alteration therein not intended to be proposed by this Convention, such two or more propositions shall be combined in one article. And each of the said articles shall be considered as a distinct provision, to be adopted in the whole, or rejected in the whole, as the people shall think proper. Mr. Buttrick of Lancaster moved that the further consider- ation of the order be postponed until to-morrow; and this motion was negatived, by a vote of 126 to 132. The amendment moved by Mr. Washburn was then rejected; the amendment moved by Mr. Quincy was adopted; and the order, as thus amended, was adopted. Adjournment and Hour of Meeting. Mr. Jones of Melrose moved that the Convention adjourn, Next session, to meet to-morrow at two o'clock P.M.; and this motion was adopted. Accordingly, at ten minutes before three o'clock, the Convention adjourned. 30 JOURNAL OF THE CONVENTION, Stenographic reports. WEDNESDAY, June 13, 1917. Met according to adjournment, at two o'clock P.M. Prayer was offered by Rev. Francis E. Webster of W^altham, a member of the Convention. Stenographic Report of Proceedings and Debates. Mr. Powers of Newton, for the committee on Rules and Pro- cedure, who were authorized to report rules and orders for the government of the Convention, reported recommending the adop- tion of the following order: Ordered, That the Secretary of the Convention be authorized to provide for a stenographic report of the proceedings and debates of the Convention and of the Committee of the Whole. The report was read; and the order was considered forthwith under a suspension of the rule, on motion of Mr. Powers. After debate the order was adopted, by a vote of 186 to 52. Compensation of Members of the Convention. Mr. Hobbs of Worcester offered the following order: - Ordered, That the compensation of members of the Constitu- theConvention, tional Convention be fixed at seven hundred and fifty dollars Q^^ anc i that the Treasurer and Receiver-General be authorized to subscribe in the names of the several members of the Con- vention for bonds of the United States, about to be issued, - the "Liberty Loan", so called, and transfer them to the mem- bers of the Convention, in lieu of compensation, at such times as the Convention shall direct. Mr. Haines of Medford moved that the order be amended by striking out all after the word "each". Mr. Leonard of Boston moved that the order be referred to the committee on Contingent Expenses and Pay-Roll, when ap- pointed; and this motion was negatived. After debate Mr. Hobbs moved that the order be amended by adding at the end thereof the words "; provided, that if any member signifies in writing to the Treasurer, within twenty-four hours of the passage of this order, his desire to be paid all or any part of said compensation in cash, the Treasurer shall not make subscription in his name, except to the amount authorized, and he shall be entitled to receive the balance of his compensa- tion in cash at such times as the Convention shall direct". After further debate the amendment moved by Mr. Hobbs was rejected; and the amendment moved by Mr. Haines was adopted. Mr. Stearns of Cambridge then moved that the order, as amended, be referred to the committee on- Rules and Procedure; and this motion was negatived. The order, as amended, was then adopted. WEDNESDAY, JUNE 13, 1917. 31 Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The report of the committee on Rules and Procedure, sub- Rules of the mitting rules for the government of the Convention, to supersede Convention - those now being observed (see Convention Document No. 1), was considered. On motions of Mr. Luce of Waltham the report was amended as follows : In Rule 13, by inserting before the word "Finance", in line 9, the word "State"; In Rule 18, by striking out the words "on or before", in line 3, and inserting in place thereof the words " before five o'clock P.M.,"; In Rule 45, by inserting after the word "question,", in line 3, the words "to close debate at a specified time,"; and by insert- ing after the word "commit", in the same line, the words "or recommit"; In Rule 46, by inserting after the word "table,", in line 4, the words "to close debate at a specified time, to postpone to a day certain, to commit or recommit,"; In Rule 52, by adding at the end thereof the words ", except in cases arising under Rule 6"; and By inserting after Rule 41 the following new rule: "42. No matter which has been duly placed in the Orders of the Day shall be discharged therefrom, or considered out of the regular course, except by vote of four-fifths of the members present and voting." On motion of Mr. Walker of Brookline the report was amended, in Rule 35, by striking out, in line 1, the words "of amendment of", and inserting in place thereof the words "to amend". Mr. Brown of Brockton moved that the report be amended, in Rule 43 (as printed), by striking out, in line 2, the words "forty members ", and inserting in place thereof the words " one-eighth of the members present, to be determined by the President,". Mr. Morrill of Haverhill moved that the report be amended, in Rule 43 (as printed), by striking out, in line 2, the word "forty", and inserting in place thereof the word "thirty". After debate Mr. Brown withdrew the amendment moved by him, there being no objection. The amendment moved by Mr. Morrill was then rejected, by a vote of 28 to 162. Mr. Willett of Norwood moved that the report be amended, in Rule 13, by inserting after the word "Municipal", in line 18, the words "and Town"; and this amendment was rejected. Mr. Balch of Boston moved that the report be amended, in Rule 55 (as printed), by striking out, in line 3, the number "34,"; and by adding at the end of said rule the words "Rule 34 shall not be dispensed with if ten or more members vote in the negative." These amendments were rejected. * Mr. Walker of Brookline moved that the report be amended, in Rule 46 (as printed), by inserting after the first sentence, 32 JOURNAL OF THE CONVENTION, ending with the word "debate", the words "After July 16, 1917, until final adjournment, no motion to adjourn for more than seven days at a time shall be entertained." Next session. Pending the question on the amendment moved by Mr. Walker, Mr. Edwin U. Curtis of Boston moved that the Con- vention adjourn, to meet to-morrow at two o'clock P.M.; and this motion was adopted. Accordingly, at nineteen minutes after four o'clock, the Convention adjourned. THUKSDAY, JUNE 14, 1917. 33 THUKSDAY, June 14, 1917. Met according to adjournment, at two o'clock P.M. Prayer was offered by Rev. John L. Kilbon of Springfield, a member of the Convention. Invitation of the Boston City Club. A communication, signed by the chairman of the Executive Privileges Committee of the Boston City Club, extending to the members house e 1 ub of the Convention an invitation of the Board of Governors of ^ e Boston said club to avail themselves of the privileges of the club house during the term of the Convention session, was read; and it was placed on file. On motion of Mr. Jones of Melrose, Voted, That the thanks of the Convention be extended to the id. officials of the Boston City Club for their courtesy. Compensation of Members for Travelling Expenses. On motion of Mr. Chandler of Somerville, Ordered, That the Secretary make up the pay-roll for the Pay-roil, travelling expenses of the members of the Convention, the travel S r m t?aveUin to be computed according to the table of distances established expenses. by an order of the House of Representatives adopted June 1, 1892. Printing of Convention Documents. Mr. Williams of Brookline, for the committee on Rules and Procedure, who were authorized to report rules and orders for the government of the Convention, reported recommending the adoption of the following order: Ordered, That the Secretary cause to be printed as Convention Convention documents such reports of committees and other papers as may be approved for printing by the President of the Convention; and that, unless it shall be otherwise ordered, one thousand copies of each document be printed. The report was read; and the order was considered under a suspension of the rule, on motion of Mr. Williams, and was adopted. Questions of Privilege. Mr. Wonson of Gloucester rose to a question of privilege, and , stated that, on the opening day of the Convention, when the question of roll was called on the amendment moved by Mr. Quincy of p Boston relative to the method of proceeding to the election of a President of the Convention, he was present and voted in the affirmative, but that he was not recorded. Mr. Gleason of Andover rose to a question ^ of privilege, and stated that, on the opening day of the Convention, when the roll question'of was called on the election of a President of the Convention, he was pnvi ege> 34 JOUKNAL OF THE CONVENTION, present and voted for Hon. John L. Bates of Brookline, but that he was not recorded. Convention Chamber, ventilation. Printing of proceedings and debates, two styles of type. Ventilation of the Convention Chamber. On motion of Mr. Pelletier of Boston, Ordered, That the Sergeant-at-Arms be instructed to obtain the advice of an expert engineer as to the means possible for securing ventilation in the Convention Chamber, the time neces- sary therefor, and the expense. Printing of Convention Proceedings. Mr. Leonard of Boston offered the following order: Ordered, That the committee on Rules and Procedure consider and report whether a method may be devised whereby proceed- ings and utterances deemed worthy of future reference may be printed in good readable type, and that all other material be printed in a smaller type. After debate the order was rejected. Adjournment until June 19. Adjournment and Hour of Meeting. On motion of Mr. Underhill of Somerville, Voted, That, when the Convention adjourns to-day, it adjourn to meet on Tuesday next at two o'clock P.M. Rules of the Convention. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The report of the committee on Rules and Procedure, sub- mitting rules for the government of the Convention, to supersede those now being observed (see Convention Document No. 1), being the unfinished business of the last session, was considered further. The question first came on the amendment previously moved by Mr. Walker of Brookline, that the report be amended, in Rule 47 (46, as printed), by inserting after the first sentence, ending with the word "debate.", the words "After July 16, 1917, until final adjournment, no motion to adjourn for more than seven days at a time shall be entertained." Mr. Lummus of Lynn (Mr. Malone of Greenfield being in the chair) moved that the amendment previously moved by Mr. Walker be amended by the substitution of the following: "After July 16, 1917, until final adjournment, a motion to adjourn for more than seven days shall be placed in the Orders of the Day for the day succeeding, and shall be debatable." Mr. Haines of Medford moved that the amendment pre- viously moved by Mr. Walker be amended by striking out the date "July 16", and inserting in place thereof the date "June 17". After debate the amendment moved by Mr. Haines was re- jected; and the amendment moved by Mr. Lummus was rejected, by a vote of 49 to 166. THURSDAY, JUNE 14, 1917. 35 Mr. Quincy of Boston then moved that the amendment previ- ously moved by Mr. Walker be amended by striking out the words " final adjournment", and inserting in place thereof the words " all amendments to the Constitution have been finally adopted for submission to the people". After debate this amendment was adopted. Mr. Lomasney of Boston moved that the amendment pre- viously moved by Mr. Walker, as amended, be further amended by inserting after the word "submission" the words "by the Convention". Mr. Morrill of Haverhill moved that the amendment pre- viously moved by Mr. Walker, as amended, be further amended by inserting after the word "people", the words "or have been rejected by the Convention". This amendment was rejected. Mr. Clapp of Lexington moved that the amendment pre- viously moved by Mr. Walker, as amended, be further amended by adding at the end thereof the words ", unless the proposed * adjournment be until the second Monday or Tuesday next following the motion, in which case the motion may be en- tertained if the adjournment be for not more than ten days". This amendment was also rejected. The amendment moved by Mr. Lomasney was then adopted. The amendment previously moved by Mr. Walker, as amended, was then adopted, by a vote of 161 to 71. On motion of Mr. Creamer of Lynn the report was amended, in Rule 20, by adding at the end thereof the words "The Presi- dent may at any time direct the committee to report forthwith." On motion of Mr. Luce of Waltham the report was amended, in Rule 34, by adding at the end thereof the words "Debate on motions to reconsider shall be limited to thirty minutes, and no member shall speak more than five minutes; but on a motion to reconsider a vote upon any collateral matter debate shall be limited to ten minutes, and no member shall speak more than three minutes." The rules recommended by the committee were then adopted, as amended; and, as perfected and rearranged for symmetry and convenience of reference, they were as follows: THE PRESIDENT. 1. The President shall take the chair at the hour to which the Convention is adjourned; shall call the members to order; and on the appearance of a quorum shall proceed to business. 2. He shall preserve order; may speak to points of order in preference to other members; and shall decide all questions of order, subject to an appeal to the Convention, if seconded, and no other business shall be in order until the question on the appeal shall have been decided. 3. He shall declare all votes; but if any member doubts a vote he shall order a return of the number voting in the affirm- ative and in the negative, without further debate. When a vote 36 JOURNAL OF THE CONVENTION, is doubted, the members for or against the question, when called by the President, shall rise and stand until counted. 4. He shall rise to put a question, or to address the Conven- tion, but may read sitting. In all cases he may vote. 5. He may require any motion to be reduced to writing. 6. When two or more members rise at once he shall name the member who is to speak first. 7. He may name a member to perform the duties of the Chair, but such substitution shall not extend beyond three days. 8. If the President or the member appointed to the chair shall be absent at the hour to which the Convention is ad- journed, the Secretary shall call the Convention to order and shall preside until a President pro tempore is elected, which shall be the first business. 9. The President shall have the general control of the Con- vention Chamber and galleries and the rooms adjoining. No person, excepting members, officers and attendants of the Convention, and such persons as may be invited by the Con- vention or by the President, shall be admitted within the bar. The chairman of the Committee of the Whole, during the sitting of such committee, shall have like powers. MONITOES. 10. The President shall appoint two monitors for each divi- sion, whose duty it shall be to see that the rules and orders are duly observed, and, on demand of the President, to return the number of votes or members in their respective divisions. SECRETARY. 11. The Secretary shall enter in the Journal of the Conven- tion a record of its proceedings, and shall prepare a Calendar of matters in order for consideration, matters lying on the table, ' and such other memoranda as the Convention or the President may direct, each to be printed daily. 12. Every question of order shall be noted by the Secretary, with the decision thereon, .and shall be entered at large in the Journal. MEMBERS. 13. No member shall be absent more than two days without leave of the Convention, nor absent himself from the Conven- tion without leave unless there be a quorum without his presence. When it appears to the President that the presence of a quorum is endangered, he shall order the doors closed until the Conven- tion takes action thereon. 14. Every member present in the Convention when a ques- tion is put shall give his vote, unless the Convention for special reasons shall excuse him. A . member desiring to be excused shall make application therefor, with a brief statement of his reasons, before a division or before the calling of the yeas and THURSDAY, JUNE 14, 1917. 37 nays, and the same shall be decided without debate. The pairing of members shall not be recognized. 15. Every member, when about to speak, shall rise and ad- dress the President, shall confine himself to the question under debate, and avoid personalities. No member shall speak out of his place without leave of the President. 16. No member speaking shall be interrupted by another but by rising to call to order. 17. No member shall mention in debate another member by his name, but may describe him by such designation as may be intelligible and respectful. 18. No member shall speak more than twice on one question without first obtaining leave of the Convention, nor more than once until other members who have not spoken shall speak, if they desire it. 19. No member shall be permitted to stand, to the interrup- tion of another, while any member is speaking, nor to pass unnecessarily between the President and the member speaking, nor shall any member be permitted to stand in the aisles or the area in front of the President's desk during the session of the Convention, nor to stand at the Secretary's desk during a roll call. 20. When any member shall be guilty of a breach of any rule or order of the Convention, he may be required, on motion, to make satisfaction therefor, and shall not be allowed to vote or speak, except by way of excuse, until he has so done. 21. All papers belonging to the Convention, in the possession of a member obtaining leave of absence, shall be left by him with the Secretary. QUOEUM. 22. One hundred and sixty-one members present in the Con- vention Chamber shall constitute a quorum for the transaction of business, but a motion to go into Committee of the Whole may be entertained whenever one hundred members are present. COMMITTEES. 23. Standing committees shall be appointed as follows: - A committee on Rules and Procedure, to consist of the Presi- dent, who shall be chairman of the committee, and eighteen other members. A committee on Bill of Rights; A committee on The General Court; A committee on Initiative and Referendum; A committee on Suffrage; A committee on State Finance; A committee on Taxation; A committee on Public Affairs; A committee on Social Welfare; A committee on Labor; 38 JOURNAL OF THE CONVENTION, A committee on the Liquor Traffic; A committee on Social Insurance; A committee on the Executive; A committee on State Administration; A committee on Municipal Government; A committee on County and District Government; A committee on Military Affairs; A committee on the Judiciary; A committee on Judicial Procedure; A committee on Education; A committee on Amendment and Codification of the Consti- tution; Each to consist of fifteen members. A committee on Elections, to consist of nine members. A committee on Contingent Expenses and Pay-Roll; A committee on Form and Phraseology; Each to consist of five members. 24. All committees shall be appointed by the President, unless otherwise ordered by the Convention, and the member first named shall be chairman. 25. With the approval of the committee on Rules and Pro- cedure a committee may originate, without specific reference, any proposal for amendment of the Constitution which falls within the proper province of such committee. 26. A proposal for amendment of the Constitution reported by a committee, based on a specific reference or references, shall not be open to the point of order that it contains matter not within the scope of the reference. 27. All committees appointed to consider proposals to amend the Constitution shall file their reports with the Secretary before five o'clock P.M., July 16, 1917, and such reports shall be referred by the President to the Committee of the Whole, where they shall be considered before they are acted upon by the Convention. 28. Proposals to amend the Constitution in their third read- ing shall be referred to the committee on Form and Phrase- ology for examination, correction and report. When a proposal has been so referred it shall not be acted upon by the Con- vention until report thereon has been made by the committee. The President may at any time direct the committee to report forthwith. 29. The committee on Form and Phraseology shall examine and correct the proposals to amend the Constitution which are referred to it, for the purpose of avoiding repetitions, insur- ing accuracy in the text, and consistency: provided, that any change in the sense or legal effect or any material change in the construction shall be reported to the Convention as an amendment. 30. No committee, except the committee on Rules and Pro- cedure, shall sit during the sessions of the Convention or of the Committee of the Whole, except by leave of the Convention. THURSDAY, JUNE 14, 1917. 39 COMMITTEE OF THE WHOLE. 31. When the Convention determines to go into Committee of the Whole, the President shall appoint the member who shall take the chair. 32. The rules of the Convention so far as applicable shall be observed in Committee of the Whole, except that one hundred members shall constitute a quorum; it cannot refer a matter to any other committee; it cannot adjourn; a motion for the pre- vious question or for indefinite postponement shall not be in order; the yeas and nays shall not be called; and a member may speak more than once. The committee shall have the same powers as the Convention to enforce the attendance of mem- bers, and the Secretary and the Sergeant-at-Arms shall be the secretary and sergeant-at-arms, respectively, of the Committee of the Whole, 33. If the Committee of the Whole reports favorably on a proposal to amend the Constitution, and if the proposal has been read but once, it shall go to a second reading without question; otherwise, it shall be placed in the Orders of the Day for the next session pending the question on ordering to a third reading. 34. If the Committee of the Whole reports that a proposal to amend the Constitution which has been referred to it ought not to pass, the question shall be: "Shall the proposal be rejected?" If the question on rejection is negatived, the pro- posal, if it has been read but once, shall go to a second reading without question; otherwise, it shall be placed in the Orders of the Day for the next session pending the question on ordering to a third reading. PROCEDURE. 35. All proposals to amend the Constitution shall embody a draft of the proposed amendment, and each proposal shall be filed by a member of the Convention with the Secretary before five o'clock P.M., June 25, 1917, and by him be sub- mitted to the President, who shall read the proposals and, with the consent of the Convention, refer them to the ap- propriate committees; or to the Committee of the Whole. 36. No proposition shall be introduced or brought before the Convention unless it relates directly to its business. This rule shall not be suspended except by vote of four-fifths of the mem- bers present and voting. 37. If any member of the Convention shall so request, any order or resolution which shall be proposed for adoption shall be postponed until the next session without question. 38. The unfinished business in which the Convention was en- gaged at the time of the last adjournment shall have precedence in the Orders of the Day, after motions to reconsider. 40 JOURNAL OF THE CONVENTION, 39. No matter which has been duly placed in the Orders of the Day shall be discharged therefrom, or considered out of the regular course, except by vote of four-fifths of the members present and voting. PRECEDENCE OF MOTIONS. 40. When a question is under debate, no motion shall be entertained but to adjourn, to lay on the table, for the previous question, to close debate at a specified time, to postpone to a day certain, to commit or recommit, to amend, or to postpone indefinitely; which several motions shall have precedence in this order. 41. All questions shall be put in the order in which they are moved, unless the subsequent motion be previous in its nature; except that in naming sums and fixing times the largest sum and the longest time shall be put first. 42. No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. 43. Any member may call for the division of a question which is in its nature divisible. A motion to strike out and insert shall be deemed indivisible; but a motion to strike out being lost, shall neither preclude amendment nor a motion to strike out and insert. 44. After a motion is stated by the President, it shall be in possession of the Convention, and shall be disposed of by its vote; but the mover may withdraw it, unless objection is made, at any time before a decision or amendment, except a motion to reconsider, which shall not be withdrawn after the time has elapsed within which it originally could be made. 45. A motion to adjourn shall always be in order; and that motion, or a request for the yeas and nays, shall be decided without debate. After July 16, 1917, until all amendments to the Constitution have been finally adopted for submission by the Convention to the people, no motion to adjourn for more than seven days at a time shall be entertained. On motions to lay on the table, to take from the table, to close debate at a specified time, to postpone to a day certain, to commit or recommit, and for suspension of any rule, debate shall be limited to ten minutes, and no member shall speak more than three minutes. PREVIOUS QUESTION. 46. The previous question shall be put in the following form: "Shall the main question be now put?" Debate upon the main question shall be suspended until the previous question is decided. If the previous question is ordered, the member in charge of the measure shall have not exceeding ten min- utes, and the vote shall be taken forthwith upon amendments .reported by a committee, upon other pending amendments, and then upon the main question. THURSDAY, JUNE 14, 1917. 41 47. On the previous question debate shall be limited to ten minutes, and no member shall speak more than three minutes, nor more than once without leave; and all incidental questions of order, arising after a motion is made for the previous question, shall be decided without debate, except on appeal, duly seconded, and on such appeal no member shall be allowed to speak more than once without leave. RECONSIDERATION. 48. When a vote has passed, it shall be in order for any member to move a reconsideration thereof on the same or the succeeding day, and such motion, if made on the same day, shall be placed first in the Orders of the Day succeeding, and if made on the succeeding day it shall be made before the Orders of the Day are taken up. A motion to reconsider being rejected, shall not be renewed, nor shall any subject be a second time reconsidered: provided, that a motion to reconsider a vote upon a collateral matter, shall not remove the main subject under consideration from before the Con- vention, but shall be considered when made. Debate on motions to reconsider shall be limited to thirty minutes, and no member shall speak more than five minutes; but on a motion to recon- sider a vote upon any collateral matter debate shall be limited to ten minutes, and no member shall speak more than three minutes. YEAS AND NAYS. 49. On all questions the sense of the Convention shall be taken by yeas and nays, provided forty members so require. No mem- ber shall be allowed to vote who enters the Convention after the vote is declared. The names of the members shall be called in alphabetical order. READINGS AND ENGROSSMENT. 50. Every proposal to amend the Constitution shall be read in Convention on three several days and be referred to and re- ported upon by the committee on Form and Phraseology before it is engrossed. 51. Proposals to amend the Constitution shall be read by their titles only, unless the full reading is requested. 52. Proposals to amend the Constitution shall be engrossed under the direction of the President. 53. After a proposal to amend the Constitution has been en- grossed it shall not be amended. The question shall be on sub- mitting the same to the people. ELECTIONS. 54. In all elections a time shall be designated therefor at least one day previous thereto, except in cases arising under Rule 8. 42 JOURNAL OF THE CONVENTION, COUNSEL AND AGENTS. 55. The provisions of Chapter 3 of the Revised Laws, and acts in amendment thereof, relating to legislative counsel and agents, shall apply to counsel and agents in all matters con- nected with the Convention. The Sergeant-at-Arms shall have charge of the enforcement of this rule, under the direction of the President. SUSPENSION, AMENDMENT AND REPEAL. 56. No rule or standing order of the Convention shall be dispensed with, altered or repealed, except by vote of two- thirds of the members present; but this rule, and rules 22, 28, 37, 42 and 48, shall not be dispensed with except by unani- mous consent. Submission to the people of a constitution and amend- ments. Commission on information and data for the Conven- tion. Submission of Constitution and Amendments. Mr. Hart of Cambridge offered the following order, and the con- sideration thereof was postponed until the next session, at the request of that member: Ordered, That the work of the Massachusetts Constitutional Convention shall take the form of a main constitution and of a series of separate amendments, to be designated by the Con- vention; Ordered, That the main constitution shall be based upon the present Constitution and the amendments now in force, with such changes in phraseology, contents and order as the Convention may deem desirable; Ordered, That the main constitution and the separate amend- ments shall be submitted to a vote of the people in such form that the main constitution and each of the separate amend- ments shall be voted upon separately; Ordered, That in case the main constitution should not be adopted, those separate amendments that shall be adopted each for itself, shall become amendments and parts of the present Constitution. Communication from the Governor. A communication from His Excellency the Governor, trans- mitting a report of the commission appointed, under chapter 28 of the general acts of the year 1917, to compile information and data for the use of the Convention, summarizing its work, was read. On motion of Mr. Edwin U. Curtis of Boston the communica- tion and the accompanying report were referred to the com- mittee on Rules and Procedure. At fourteen minutes after four o'clock, on motion of Mr. Morton of Fall River, the Convention adjourned, to meet on Tuesday next at two o'clock P.M. TUESDAY, JUNE 19, 1917. 43 TUESDAY, June 19, 1917. Met according to adjournment, at two o'clock P.M. Prayer was offered by Rev. Roland D. Sawyer of Ware, a member of the Convention. Appointment of Committees. The President announced the appointment of committees as Appointment follows : of committees. COMMITTEES OF THE CONVENTION. On Rules and Procedure. The President, and Messrs. Luce of Waltham, Whipple of Brookline, Parker of Lancaster, Walsh of Fitchburg, Pillsbury of Wellesley, Edwin U. Curtis of Boston, Malone of Greenfield, Walker of Brookline, Powers of Newton, Boynton of Everett, Williams of Brookline, Hall of Taunton, Quincy of Boston, Underhill of Somerville, Ross of New Bedford, Washburn of Worcester, Pelletier of Boston and Hibbard of Pittsfield. On Bill of Rights. Messrs. Edwin U. Curtis of Boston, Coolidge of Milton, Lomasney of Boston, Barnes of Weymouth, Anderson of Newton, Pelletier of Boston, Doe of Franklin, William H. Sullivan of Boston, Swig of Taunton, Walcott of Cambridge, Stoeber of Adams, Chandler of Somerville, Webster of W'altham, Callahan of Boston and Merrill of Gloucester. On The General Court. Messrs. Malone of Greenfield, Luce of Waltham, Crosby of Arlington, Giddings of Great Barrington, Kinney of Boston, Tatman of Worcester, Gaylord of South Hadley, Reidy of Boston, Moran of Fall River, Morrill of Haverhill, Fisher of Westford, Gartland of Boston, Quinn of Sharon, Smith of Provincetown and Moynihan of Boston. On Initiative and Referendum. Messrs. Cummings of Fall River, Walker of Brookline, Choate of Southborough, Whipple of Brookline, Parker of Lancaster, Powers of Newton, Hale of Boston, Dennis D. Driscoll of Boston, Lummus of Lynn, Coleman of Boston, Churchill of Amherst, Youngman of Boston, Sherburne of West Springfield, Harriman of New Bedford and Bailey of Newbury. On Su/rage. Messrs. Newton of Everett, Kneil of West- field, Bennett of Saugus, Buttrick of Lancaster, Barnes of Mans- field, Webster of Haverhill, Sawyer of Ware, Aylward of Cam- bridge, Ferry of Northbridge, Cooney of Peabody, Martin of Holyoke, Corrigan of Natick, Hawley of Maiden, Gallagher of Boston and Wing of Dartmouth. On State Finance. Messrs. Parkman of Boston, Ferrey of Pittsfield, Lowe of Fitchburg, Codman of Brookline, Collins of Amesbury, Dellinger of Wakefield, Douglass of Boston, Theller 44 JOURNAL OF Tilt: CONVENTION, of New Bedford, McCaffrey of Boston, Leonard of Boston, O'Connell of Lowell, Hoitt of Lynn, Graumann of Boston, Putnam of Westfield and Finn of Chelsea. On Taxation. Messrs. Cox of Boston, Trefry of Marblehead, Adams of Concord, Feiker of Northampton, O'Connell of Boston, Lynch of Milford, Creamer of Lynn, Good of Cambridge, Flyo of Holbrook, Tilton of Springfield, Fitz-Randolph of Nantucket, Shanahah of Somerville, Donoghue of Boston, Shaw of Revere and Richardson of Ayer. On Public Affairs. Messrs. Anderson of Brookline, Hobbs of Worcester, Clapp of Lexington, Frost of Lawrence, Coogan of Pittsfield, Parker of Boston, Turner of Fall River, Michelman of Boston, Fraser of Lynn, Look of Tisbury, Brooks of Worcester, James J. Brennan of Boston, Butler of Brockton, Robinson of Sturbridge and McLaud of Greenfield. On Social Welfare. Messrs. Brackett of Arlington, Kelley of Rockland, Bullock of New Bedford, Kilbon of Springfield, Glazier of Hudson, Flaherty of Boston, Weekes of Harwich, Delaney of Holyoke, Larson of Worcester, Sweet of Attleboro, Sparrell of Norwell, Buck of Billerica, Day of Winchendon, Murphy of Chelsea and Peter Daley of Lowell. On Labor. Messrs. Lowell of Newton, Boynton of Everett, Brown of Brockton, William J. Sullivan of Boston, Ross of New Bedford, Shattuck of Worcester, Brown of Springfield, Donovan of Lawrence, Shea of Cambridge, Collier of Gardner, Skerrett of Worcester, Talbot of Plymouth, Scigliano of Boston, Thompson of North Attleborough and Charbonneau of Lowell. On the Liquor Traffic. Messrs. Underbill of Somerville, Clark of Brockton, Lane of Boston, Hall of Orange, Knotts of Somer- ville, Bates of Boston, Barker of Fall River, ICerr of Maiden, Bicknell of Weymouth, Moriarty of Boston, Bergengren of Lynn, Harding of Whitman, Mitchell of Springfield, James H. Brennan of Boston and - - of - .* On Social Insurance. Messrs. Wash burn of Worcester, A very of Holyoke, Gleason of Andover, Bodfish of Barnstable, Saunders of Clinton, O'Connell of Salem, Carr of Hopkinton, Wood of Cambridge, Farnsworth of Leominster, Myron of Boston, Sweeney of Attleboro, Bigney of Boston, Thompson of Beverly, Donovan of Springfield and Boucher of New Bedford. On the Executive. Messrs. Quincy of Boston, Adams of Quincy, Benton of Belmont, Lufkin of Essex, Dale of Watertown, Boyer of Lynn, Flynn of Maiden, Mansfield of Boston, Granfirld of Springfield, Rieutord of Southbridge, Bin-roll of Medford, Gates of Westborough, Nutting of Leominster, McKeon of Worcester and Love of Webster. On State Administration. Messrs. Walsh of Fitchburg, Curtiss of Hingbam, Halch of Boston, Bailey of Somerville, Bosworth of Springfield, Willett of Norwood, Waterman of Williamstown, - of - ,f Whitehead of Fall River, Langelier of Quincy, * Vacancy filled, July 10, by the appointment of Joseph M. Sullivan of Boston. t Vacancy filled, Juno 25, by the appointment of Mr. Dutch of Winchester. TUESDAY, JUNE 19, 1917. 45 Robbins of Chelmsford, Stearns of Cambridge, Craven of Boston, Greenwood of Lowell and Mahoney of Boston. On Municipal Government. Messrs. Hall of Taunton, Bangs of Boston, Logan of Worcester, Dutch of Winchester,* Haines of Medford, Bruce of Everett, Cook of Fitchburg, Coe of Worcester, Bauer of Lynn, Brine of Somerville, Barrett of Cambridge, Brsse of Newburyport, Charles P. Curtis, Jr., of Boston, Hicks of Fall River and Martin of Boston. On County and District Government. Messrs. Jones of Mel- rose, Keliher of Boston, Hale of Haverhill, Ballantyne of Boston, Derbyshire of Lawrence, Lyman of Easthampton, Mancovitz of 1 Boston, Delano of Wareharn, Bowen of Boston, Davis of Cam- bridge, Howard of Reading, Crafts of Whately, Harrington of Fall River, Lane of Dighton and Thomas R. Kelley of Boston. On Military Affairs. Messrs. Bouve* of Hingham, McCarthy of Marlborough, Wheelock of Fitchburg, Sheehan of Boston, Marshal] of Worcester, Walker of New Bedford, Batchelder of Salem, Adams of Lowell, Newhall of Stoneham, Bryant of Milton> Broderick of Waltham, Begley of Holyoke, Kenny of Boston, Leboeuf of Webster and Donovan of Boston. On the Judiciary. Messrs. Morton of Fall River, Williams of Brookline, Burns of Pittsfield, Montague of Boston, Dresser of Worcester, McAnarney of Quincy, Merriam of Framingham, Cusick of Boston, Wilson of Lowell, Sullivan of Salem, Stoneman of Boston, Davis of Maiden, Maguire of Boston, Shea of Dalton and Costello of Boston. On Judicial Procedure. Messrs. Pillsbury of Wellesley, Hibbard of Pittsfield, French of Randolph, Kenefick of Palmer, Johnson of Worcester, Adams of Springfield, Coakley of Boston, Hutchings of Dedham, Clark of Wilmington, Hamilton of Athol, Mitchell of New Bedford, Bassett of Taunton, MacMaster of Bridgewater, Smith of Lynnfield and Murley of Boston. On Education. Messrs. Wellman of Topsfield, Wheeler of Concord, Coombs of Worcester, Winslow of Newton, Boyden of Deerfield, Cummings of North Brookfield, Linke of West Spring- field, Hall of North Adams, Foss of Springfield, Whittier of Winthrop, Donnelly of Lawrence, Chase of Lynn, Luke L. Kelly of Boston, Peirce of Methuen and John W. Daly of Lowell. On Amendment and Codification of the Constitution. Messrs. Hart of Cambridge, Washburn of Middleborough, Richardson of Newton, Bolster of Boston, Sullivan of Lawrence, Thompson of Haverhill, Mclsaac of Boston, Cook of Northampton, Horgan of Boston, Garland of Somerville, Doran of New Bedford, Crossley of Fall River, Coughlan of Boston, O'Connor of Chicopee and Creed of Boston. On Elections. Messrs. George of Haverhill, Dean of Fall River, Moore of Swampscott, Perry of Boston, White of North Brookfield, Green of Boston, Ray of Sutton, Timothy J. Driscoll of Boston and Peterson of Brockton. * Mr. Dutch tr:uiMfrrn>d to committee on State Administration, June 25; vacancy filled, June 26, by the appointment of Mr. Bryant of Milton. 46 JOURNAL OF THE CONVENTION, On Contingent Expenses and Pay-Roll. Messrs, Curtis of Revere, Wonson of Gloucester, Twomey of Lawrence, Nestor of Lowell and of .* On Form and Phraseology. Messrs. Loring of Beverly, Black- mur of Quincy, Bartlett of Newburyport, Ellis of Springfield and McCormack of Boston. Committee hearings, bulletin and daily list. Members, com- mittees and rules, pamphlet. Bulletins of Committee Hearings. On motion of Mr. Luce of Waltham, Ordered, That the committee on Rules and Procedure be au- thorized and instructed to have prepared and printed a Bulletin of Committee Hearings, containing assignments of dates for com- mittee hearings, and a record of the action of the standing com- mittees and the Committee of the Whole on the matters before them. Also that said committee be authorized to have prepared and printed, during the period in which committee hearings are being held, a Daily List of Committee Hearings. Pamphlet of Members, Committees and Rules. On motion of Mr. Luce of Waltham, Ordered, That the Secretary be authorized to prepare a pamphlet containing a list of members of the Convention; a list of the committees; and the rules of the Convention properly re- arranged for symmetry and convenience of reference; and that 1,000 copies of this pamphlet be printed. Diagram of seating arrange- ment. Diagram of Seats. On motion of Mr. Keliher of Boston, Ordered, That the Secretary cause to be prepared a diagram showing the arrangement of seats in the Convention Chamber, and furnish each member with a copy thereof. Convention information for other states. Convention Information for Other States. On motion of Mr. Quincy of Boston, Ordered, That the State Printers be authorized to supply copies of publications of the commission appointed to compile informa- tion and data for the Convention for the Constitutional Conven- tion of the State of Indiana and for any other State that may apply for them; provided, that the same shall not entail any additional expense upon this Commonwealth. Claims for Seats in the Convention. Jasper N. A communication from Jasper N. Johnson of Medford, Medford, ing to have been elected to membership in the Convention from claim for a seat. tne Twenty-fifth Middlesex Representative District, was read; and it was referred to the committee on Elections. On motion of Mr. Moriarty of Boston, Patrick H. Ordered, That the communication from Patrick H. Jennings of of Boston,-- Boston, claiming election as a delegate at large and petitioning claim for a seat. * Vacancy filled, October 16, by the appointment of Mr. Bird of Walpole. TUESDAY, JUNE 19, 1917. 47 for an examination and recount of all ballots cast for delegates at large, be taken from the files and referred to the committee on Elections. Mr. Quincy of Boston offered the following order: Whereas, It appears from the returns of votes cast for delegate James J. to the Constitutional Convention in the Fourth Suffolk Repre- ^g^T'M^' and sentative District that James J. Mullen, Jr., of Boston has eight Sullivan, hundred and forty-five (845) votes and Joseph M. Sullivan of Boston has eight hundred and forty-five (845) votes, thus result- ing in a tie; it is hereby Ordered, That both said Mullen and Sullivan be entitled to seats in this Convention, each with one-half vote. The same member moved that the order be referred to the committee on Elections; and this motion was adopted. Proposals to Amend the Constitution. Resolutions were severally presented and referred as follows : By Mr. Lomasney of Boston, Resolution to prohibit the sup- Sectarian port of institutions from public funds (Doc. No. 2). To the committee on Bill of Rights. By Mr. Adams of Quincy, Resolution relative to extending Police power, the application of the decisions of the Supreme Judicial Court as to the police power, so-called (Doc. No. 3). By Mr. Sawyer of Ware, Resolution relative to the appoint- ment of Councillors by the Governor (Doc. No. 4). Severally to the committee on the Executive. By Mr. Leonard of Boston, Resolution relative to service on Legislative certain legislative recess committees and commissions (Doc. mittees m No. 5). By Mr. Sawyer of Ware, Resolution relative to the apportion- E 6 ment of members of the General Court (Doc. No. 6). ment of Severally to the committee on The General Court. By Mr. Walker of Brookline, Resolution to provide for es- tablishing the initiative and referendum (Doc. No. 7). To the committee on Initiative and Referendum. By Mr. Loring of Beverly, Resolution to provide for securing Courts, freedom and equality of justice in the courts of the Common- ^SaStJof wealth to all persons (Doc. No. 8). ^ iice - To the committee on Judicial Procedure. By Mr. Bigney of Boston, Resolution relative to authoriz- Necessaries ing the General Court to enact laws granting cities and towns pubUc supply, authority to purchase and sell the necessaries of life (Doc. No. 9). By Mr. Boynton of Everett, Resolution relative to the buying id. and selling of merchandise and commodities by the Common- wealth and by cities and towns (Doc. No. 10). By Mr. Shea of Cambridge, Resolution relative to authorizing id. the General Court to enact laws granting authority to state and 48 JOUKNAL OF THE CONVENTION, Health insurance. Old age pensions. State election, date. Income tax. Homesteads, tax exemption. Submission to the people of a constitution and amend- ments. Next session. municipal officers to seize and* sell food supplies (Doc. No. 11). Severally to the committee on Public Affairs. By Mr. Carr of Hopkinton, Resolution relative to the provid- ing of non-contributory health insurance (Doc. No. 12). By the same member, Resolution relative to the providing of non-contributory old age pensions (Doc. No. 13). Severally to the committee on Social Insurance. By Mr. Sawyer of Ware, Resolution relative to the date for holding the annual state election (Doc. No. 14). To the committee on Suffrage. By Mr. Sawyer of Ware, Resolution relative to the levying of a graduated income tax (Doc. No. 15). By the same member, Resolution relative to the exemption from taxation of certain real estate held and used for homestead purposes (Doc. No. 16). Severally to the committee on Taxation. Submission of Constitution and Amendments. The following order, the consideration of which was postponed from the last session, was referred to the committee on Amend- ment and Codification of the Constitution, on motion of Mr. Hart of Cambridge: Ordered, That the work of the Massachusetts Constitutional Convention shall take the form of a main constitution and of a series of separate amendments, to be designated by the Con- vention; Ordered, That the main constitution shall be based upon the present Constitution and the amendments now in force, with such changes in phraseology, contents and order as the Convention may deem desirable; Ordered, That the main constitution and the separate amend- ments shall be submitted to a vote of the people in such form that the main constitution and each of the separate amend- ments shall be voted upon separately; Ordered, That in case the main constitution should not be adopted, those separate amendments that shall be adopted each for itself, shall become amendments and parts of the present Constitution. Adjournment and Hour of Meeting. On motion of Mr. Maguire of Boston, Voted, That, when the Convention adjourns to-day, it adjourn to meet to-morrow at two o'clock P.M. At twenty-six minutes before three o'clock, on motion of Mr. Bullock of New Bedford, the Convention adjourned. WEDNESDAY, JUNE 20, 1917. 49 WEDNESDAY, June 20, 1917. Met according to adjournment, at two o'clock P.M. The Secretary announced the temporary absence of the Presi- dent, and stated that Mr. Luce of Waltham had been appointed to perform the duties of the Chair. Prayer was offered by Rev. John L. Kilbon of Springfield, a member of the Convention. Advertisement of Committee Hearings. Mr. Edwin U. Curtis of Boston offered the following order: Ordered, That committee hearings be advertised in the manner Committee provided by law for the advertisement of hearings by committees of the General Court. Mr. Underbill of Somerville moved that the order be referred to the committee on Rules and Procedure. After debate (Mr. Malone of Greenfield being in the chair) this motion was nega- tived; and the order was adopted, by a vote of 102 to 80. Compensation of Members. On motion of Mr. Curtis of Revere (the President having taken the chair), Ordered, That the committee on Contingent Expenses and Pay-Roll determine and report to the Convention the manner in manner of ' which compensation shall be paid to the members. Printing of Revised Constitution. On motion of Mr. Horgan of Boston, Ordered, That there be printed, for the use of the members of ^StfcJST' the Convention and of the committee on Amendment and adjusted text. Codification of the Constitution, an adjusted text of the Massa- chusetts Constitution as prepared by the commission appointed to compile information and data for the Convention. (Doc. No. 302.) Information for the Voters. On motion of Mr. Garland of Somerville, Ordered, That the committee on Amendment and Codification voters, of the Constitution consider the advisability of causing to be prepared, printed and mailed to the voters of the Commonwealth before the state election information relative to proposed amend- ments to, and codification of, the Constitution. 50 JOURNAL OF THE CONVENTION, Codifica- tion of the Constitution. Id. Id. Sectarian appropriations . Preamble of the Constitu- tion. Individual rights; public welfare. Council, duties of county com- missioners. Universities, equal basis. Senate, president. General Court, biennial Initiative and referendum. Judge and jurors, challenge. Id. Labor rights; injunctions in labor disputes. Proposals to Amend the Constitution. Resolutions were severally presented and referred as follows: - By Mr. Bolster of Boston, Resolution to provide for the codi- fication of the Constitution after amendment (Doc. No. 17). By Mr. Doran of New Bedford, Resolution relative to recon- vening the Constitutional Convention for the purpose of codify- ing the Constitution (Doc. No. 18). By Mr. Luce of Waltham, Resolution relative to rearrange- ment of the Constitution after the submission of proposed amendments to the people (Doc. No. 19). Severally to the committee on Amendment and Codification of the Constitution. By Mr. George of Haverhill, Resolution to establish religious freedom and to prevent appropriations of public moneys for the support of denominational institutions (Doc. No. 20). By Mr. Theller of New Bedford, Resolution providing for an amendment of the preamble of the Constitution (Doc. No. 21). By the same member, Resolution providing that the rights of individuals shall not prevent public authorities from controlling business enterprises in the interest of public welfare (Doc. No. 22). Severally to the committee on Bill of Rights. By Mr. Swig of Taunton, Resolution relative to giving the Council the powers and duties of county commissioners (Doc. No. 23). To the committee on County and District Government. By Mr. Michelman of Boston, Resolution to establish all universities in the Commonwealth on an equal basis (Doc. No. 24). To the committee on Education. By Mr. Barnes of Mansfield, Resolution relative to the Presi- dency of the Senate (Doc. No. 25). By Mr. Michelman of Boston, Resolution relating to biennial sessions of the General Court (Doc. No. 26). Severally to the committee on The General Court. By Mr. Finn of Chelsea, Resolution to provide for establishing the initiative and referendum for cities and towns (Doc. No. 27). To the committee on Initiative and Referendum. By Mr. Swig of Taunton, Resolution relative to the challenge of judge and jurors in civil causes (Doc. No. 28). By the same member, Resolution relative to the challenge of judge and jurors in criminal causes (Doc. No. 29). Severally to the committee on Judicial Procedure. By Mr. Donovan of Lawrence, Resolution that labor be held to be a personal and not a property right and that the issue of injunctions be limited in labor disputes (Doc. No. 30). The same member moved that the resolution be referred to the committee on Labor; and this motion was negatived. The resolution was then referred to the committee on Judicial Procedure. WEDNESDAY, JUNE 20, 1917. 51 By Mr. Bodfish of Barnstable, Resolution relative to capital punishment (Doc. No. 31).- By Mr. Michelman of Boston, Resolution to abolish the office Office of of notary public as an office under the Constitution (Doc. No notary P ublic - 32). By the same member, Resolution to abolish the office of jus- Office of tice of the peace as an office under the Constitution (Doc. j 31106 ^ No. 33). Severally to the committee on the Judiciary. By Mr. Swig of Taunton, Resolution relative to home rule for Cities, - Cities (DOC. No. 34). home rule, To the committee on Municipal Government. By Mr. Avery of Holyoke, Resolution relative to providing for Old age contributory old age insurance (Doc. No. 35). insurance. By the same member, Resolution relative to providing for Unempioy- contributory unemployment insurance (Doc. No. 36). By the same member, Resolution relative to providing for non- Accident, sick- contributory accident, sickness and invalid insurance (Doc. No. vSfd^uSnce. 37). By Mr. Bodfish of Barnstable, Resolution relative to state state pensions. pensions (Doc. No. 38). By the same member, Resolution authorizing the Common- state wealth to insure persons or property (Doc. No. 39). Severally to the committee on Social Insurance. By Mr. Bailey of Somerville, Resolution providing for biennial elections of state officers, councillors and members of the Gen- sessions. eral Court, and for biennial sessions of the General Court (Doc. No. 40). By Mr. McAnarney of Quincy, Resolution providing that all Compulsory persons qualified to become legal voters shall register and vote v< at elections (Doc. No. 41). By Mr. Sawyer of Ware, Resolution to provide for absentee Absentee voting (Doc. No. 42). voting - Severally to the committee on Suffrage. By Mr. Walsh of Fitchburg, Resolution relative to authorizing Tax on the Legislature to levy a graduated surtax on large incomes (Doc. incomes - No. 43). To the committee on Taxation. Printing of Journal, Commission Reports and Debates. Mr. Luce of Waltham, for the committee on Rules and Pro- cedure, who were authorized to report rules and orders for the government of the Convention, reported recommending the adoption of the following order [Mr. Underhill of Somerville dissenting] : Ordered, That the Secretary of the Convention be authorized ^ t n r ^ g t f d to contract with the Wright and Potter Printing Company, at permanent prices not exceeding those paid by the Commonwealth under its contract with said company, for the printing and publishing of not more than three thousand copies of the Journal of the Con- vention, in addition to the sheets furnished for daily require- JOURNAL OF THE CONVENTION, merits; of not more than two thousand copies of the reports of the commission appointed to compile information and data; and of not nore than three thousand copies of the Debates of the Convention; Ordered, That the volume or volumes of the Debates of the Convention be confined to verbatim reports of debates in the Convention, or in Committee of the Whole, concerning proposals to revise or amend the Constitution, or questions relating to (1) the form, manner or time of submitting to the people any amendments adopted by the Convention, (2) the powers or rights of the Convention or any of its members, (3) the returns of elections of its members or the filling of vacancies in its mem- bership, (4) the record of its proceedings or debates, or the print- ing or publishing of the same; together with such appendices, index and other matter as the committee on Rules and Pro- cedure may deem it desirable to have published in such reports; Ordered, That one copy of the Journal of the Convention, of the reports of the commission appointed to compile information and data, and of the Debates of the Convention, be furnished to each member of the Convention; that not more than five hun- dred copies of the journal, commission reports and debates be distributed to libraries and for other purposes of education, or to officials; and that the remainder of the copies be sold at a price approximating the cost of paper, press-work and binding; Ordered, That provision be made by the committee on Rules and Procedure for the preparation, publication, distribution and sale of the volumes herein referred to, and of such other docu- ments or reports as may hereafter be ordered to be printed; Ordered, That all motions for printing, except in the Journal or Calendar, and all motions for the purchase of publications, shall be referred to the committee on Rules and Procedure for report before final action. The report was read; and the order was placed in the Orders of the Day for the next session. Adjournment and Hour of Meeting. Mr. Trefry of Marblehead moved that the Convention adjourn, to meet to-morrow at two o'clock P.M.; and this motion was adopted. Accordingly, at fifteen minutes before three o'clock, the Convention adjourned. THURSDAY, JUNE 21, 1917. 53 THURSDAY, June 21, 1917. Met according to adjournment, at two o'clock P.M. Prayer was offered by Rev. Edwin H. Hughes, D.D., Resident Bishop at Boston of the Methodist Episcopal Church. Privileges of the Social Law Library. A communication on behalf of the Trustees of the Social Law Privileges of Library, signed by their President, offering to the members of ^^ ar the Convention the privileges of the library, was read; and it was placed on file. On motion of Mr. Dutch of Winchester, - Voted, That the thanks of the Convention be extended to the officials of the Social Law Library for their courtesy. Credentials of Members of the Convention. A communication from Timothy L. Connolly of Boston, re- committee on questing the Convention to appoint a committee on Credentials Credentials, and that opportunity be given for appearance before said com- memb^rs^ 5 " 11 mittee to protest against the holding of seats by certain members hold seats - of the Convention, was referred to the committee on Elections. Proposals to Amend the Constitution. Resolutions were severally presented and referred as follows : - By President Bates, Resolutions of the Essex South Associa- sectarian tion of Congregational Churches and Ministers remonstrating appropriations; against the use of public funds for sectarian purposes, and pray- prohibition, ing the Convention to submit to the people the question of state-wide prohibition of the liquor traffic. So much thereof as relates to sectarian appropriations, to the id. committee on Bill of Rights; and So much thereof as relates to state-wide prohibition, to the committee on the Liquor Traffic. By Mr. Adams of Quincy, Resolution providing for the election General Court,. of members of the House of Representatives by a list system of proportional ,. | , /TV -vr A A\ representation.. proportional representation (Doc. No. 44). By Mr. Donoghue of Boston, Resolution for proportional repre- Id sentation in the General Court (Doc. No. 45). Severally to the committee on The General Court. By Mr. Bassett of Taunton, Resolution for the regulation of Trial by jury. trial by jury (Doc. No. 46), To the committee on Judicial Procedure. By Mr. Creamer of Lynn, Resolution limiting the power p ow erofthe of the courts to declare statutes to be unconstitutional (Doc. No. 47). JOURNAL OF THE CONVENTION, District attorneys, appointment. Verdicts of juries. State prohibition. Id. life, public supply. Old age pensions. By Mr. Hibbard of Pittsfield, Resolution providing for the appointment of district attorneys (Doc. No. 48). By Mr. Johnson of Worcester, Resolution relative to verdicts of juries in civil causes (Doc. No. 49). Severally to the committee on the Judiciary. By President Bates, Resolution of the Taunton Association of Congregational Churches in favor of state prohibition as a part of the Constitution of the Commonwealth. By Mr. Bergengren of Lynn, Resolution relative to the prohi- bition of the manufacture, importation, sale and distribution of spirituous and intoxicating liquors within the Commonwealth of Massachusetts (Doc. No. 50). Severally to the committee on the Liquor Traffic. By Mr. Brackett of Arlington, Resolution relative to empower- ing the General Court to authorize the taking of food stuffs, fuel and other necessaries of life for sale to the inhabitants of the Commonwealth, and to the towns and cities thereof, and to au- thorize towns and cities to buy such necessaries of life for sale to their inhabitants (Doc. No. 51). To the committee on Public Affairs. By Mr. Donoghue of Boston, Resolution for a special tax to provide pensions for the aged and needy (Doc. No. 52). To the committee on Social Insurance. Public state fund for By Mr. Richardson of Newton, Resolution to provide for the regulation of advertising in public places (Doc. No. 53). By Mr. William H. Sullivan of Boston, Resolution providing for a state fund for workmen's compensation (Doc. No. 54). Severally to the committee on Social Welfare. Officeholders, By Mr. George of Haverhill, Resolution relative to the ap- '* pointment of certain public officials to public office while holding positions in the public service (Doc. No. 55). By Mr. Stoneham of Boston, Resolution providing that the Secretary of the Commonwealth, Treasurer and Receiver-Gen- eral, Auditor of the Commonwealth and Attorney-General be appointed by the Governor (Doc. No. 56). Severally to the committee on State Administration. By Mr. Theller of New Bedford, Resolution providing for an executive budget (Doc. No. 57). To the committee on State Finance. to State officers, appoint- ment. Executive budget. Absentee voting. Corporations, taxation. Assessments, rates and taxes. By Mr. Parker of Lancaster, Resolution to provide for ab- sentee voting (Doc. No. 58). To the committee on Suffrage. By Mr. Creamer of Lynn, Resolution requiring proportional taxation of the franchise value of business corporations (Doc. No. 59). By the same member, Resolution providing for striking out the requirement that all assessments, rates and taxes be pro- portional (Doc. No. 60). THURSDAY, JUNE 21, 1917. 55 By Mr. Good of Cambridge, Resolution providing for com- LOSS of taxable pensating cities and towns for loss of taxation on property of ^ensatlon educational institutions (Doc. No. 61). By Mr. Parkman of Boston, Resolution relative to the levying Poll taxes. of poll taxes (Doc. No. 62). Severally to the committee on Taxation. On motion of Mr. Kenny of Boston, Ordered, That the committee on the Judiciary consider the expedi- Prompt ency of so revising the Constitution as to give efficacy to the remedy in law - eleventh article of the Declaration of Rights, granting the subject a certain remedy in law, promptly and without delay. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. 9 The following order was considered; and after debate it was adopted, by a vote of 157 to 26: Ordered, That the Secretary of the Convention be authorized Printing and to contract with the Wright and Potter Printing Company, at prices not exceeding those paid by the Commonwealth under its contract with said company, for the printing and publishing of not more than three thousand copies of the Journal of the Con- vention, in addition to the sheets furnished for daily require- ments; of not more than two thousand copies of the reports of the commission appointed to compile information and data; and of not more than three thousand copies of the Debates of the Convention; Ordered, That the volume or volumes of the Debates of the Convention be confined to verbatim reports of debates in the Convention, or in Committee of the Whole, concerning proposals to revise or amend the Constitution, or questions relating to (1) the form, manner or time of submitting to the people any amendments adopted by the Convention, (2) the powers or rights of the Convention or any of its members, (3) the returns of elections of its members or the filling of vacancies in its mem- bership, (4) the record of its proceedings or debates, or the print- ing or publishing of the same; together with such appendices, index and other matter as the committee on Rules and Pro- cedure may deem it desirable to have published in such reports; Ordered, That one copy of the Journal of the Convention, of the reports of the commission appointed to compile information and data, and of the Debates of the Convention, be furnished to each member of the Convention; that not more than five hun- dred copies of the journal, commission reports and debates be distributed to libraries and for other purposes of education, or to officials; and that the remainder of the copies be sold at a price approximating the cost of paper, press-work and binding; Ordered, That provision be made by the committee on Rules and Procedure for the preparation, publication, distribution and sale of the volumes herein referred to, and of such other docu- ments or reports as may hereafter be ordered to be printed; 56 Labor rights; injunctions in labor disputes. Next session. JOURNAL OF THE CONVENTION, Ordered, That all motions for printing, except in the Journal or Calendar, and all motions for the purchase of publications, shall be referred to the committee on Rules and Procedure for report before final action. Change in a Committee Reference. Mr. Donovan of Lawrence moved that the committee on Judi- cial Procedure be discharged from the further consideration of the Resolution that labor be held to be a personal and not a property right and that the issue of injunctions be limited in labor disputes (Doc. No. 30), and that the resolution be referred to the committee on Labor. After debate this motion was adopted, by a vote of 99 to 91. Subsequently Mr. Buttrick of Lancaster moved that the vote be reconsidered; and this motion, under the rule, was placed in the Orders of the Day for the next session. Adjournment and Hour of Meeting. On motion of Mr. Luce of Waltham, Voted, That, when the Convention adjourns to-day, it adjourn to meet on Monday next at ten o'clock A.M. At three o'clock, on motion of Mr. Washburn of Middle- borough, the Convention adjourned. MONDAY, JUNE 25, 1917. 57 MONDAY, June 25, 1917. Met according to adjournment, at ten o'clock A.M. Prayer was offered by Rev. Daniel W. Waldron of Boston, Chaplain of the Massachusetts House of Representatives. Reception of the Italian War Mission. On motion of Mr. Washburn of Worcester, - Ordered, That a committee of eleven members be appointed The Italian to wait upon His Excellency the Governor, and upon His Royal Highness the Prince of Udine and his distinguished colleagues of the Italian War Mission, and inform them that the Massachu- setts Constitutional Convention is now in session and requests the pleasure and the honor of their presence. The President appointed as the committee Messrs. Washburn of Worcester, Morton of Fall River, White of North Brookfield, Scigliano of Boston, Curtis of Revere, Michelman of Boston, Bosworth of Springfield, Lufkin of Essex, Chandler of Somer- ville, Shea of Cambridge and Washburn of Middleborough; and they proceeded to the discharge of their duty under escort of the Sergeant-at- Arms . Soon afterwards Mr. Washburn, for the committee, reported that they had attended to the duty assigned them, and that His Excellency, His Royal Highness, and other guests would attend upon the Convention forthwith. Thereupon His Excellency the Governor, His Royal Highness Prince Udine, and other members of the Italian War Mission, accompanied by various civil and military officers, entered the Convention Chamber under escort of the Sergeant-at-Arms. The President of the Convention then introduced His Excel- lency; and, after remarks by His Excellency and the President, response was made by His Royal Highness the Prince of Udine and by Marquis Borsarelli di Riffreddo, Under Secretary of State. His Excellency, His Royal Highness and other guests then withdrew. Recess was then taken until half-past eleven o'clock, on mo- tion of Mr. George of Haverhill, that the members might pro- ceed to Memorial Hall to greet in person the distinguished guests. Proposals to Amend the Constitution. Resolutions and petitions were severally presented and referred as follows: By Mr. Richardson of Newton, Resolution providing for Future future constitutional conventions (Doc. No. 63). conventions. By Mr. Ross of New Bedford, Resolution relative to the Amending the method of amending the Constitution (Doc. No. 64). 58 JOURNAL OF THE CONVENTION, B y Mr .- Washburn of Middleborough, Resolution relative to the future amendment and revision of the Constitution (Doc. No. 65). Severally to the committee on Amendment and Codification of the Constitution. Sectarian appropriations. Id. Special privileges; tinction. Business and professions, sex discrimi- nation. Privilege of accused. Id. By Mr. Anderson of Newton, Resolution to prohibit the sup- port of sectarian institutions from public funds (Doc. No. 66). By the same member, petitions of Frank J. Batcheller and others and Frederick L. Anderson and others, severally in aid of the Resolution (Doc. No. 66) to prohibit the support of secta- rian institutions from public funds. By Mr. George of Haverhill, Resolution to prevent the grant- ing of special privileges and creating class distinction among the people of this Commonwealth (Doc. No. 67). By Mr. Kenny of Boston, Resolution to prohibit discrimination on account of sex in connection with business and professions (Doc. No. 68). By Mr. Walcott of Cambridge, Resolution relative to removing privilege of accused to stand mute (Doc. No. 69). By the same member, Resolution relative to removing priv- ilege of accused to stand mute without comment by court, jury or counsel (Doc. No. 70). Severally to the committee on Bill of Rights. County officials, manner of choice. By Mr. Bartlett of Newburyport, Resolution relative to the manner of choice of district attorneys, clerks of courts, registers of probate and sheriffs (Doc. No. 71). To the committee on County and District Government. School teachers, leave of absence. Literature, learning and physical edu- cation. By Mr. Hobbs of Worcester, Resolution relative to leave of absence with pay for teachers in the public schools (Doc. No. 72). By Mr. Maguire of Boston, Resolution relative to the encour- agement of literature and learning and physical education (Doc. No. 73). Severally to the committee on Education. Powers of Governor in case of vacancies. Public officials. removal. Appropriation bills, veto of items. Pardoning power. Executive, concentration of powers. By Mr. Brackett of Arlington, Resolution to provide for the exercise of the powers of the Governor in case that office and the office of Lieutenant-Governor shall both become vacant (Doc. No. 74). By Mr. Maguire of Boston, Resolution relative to empowerii the Governor to remove from office certain officials elected b: the people (Doc. No. 75). By Mr. McCaffrey of Boston, Resolution relative to empowei ing the Governor to veto items in appropriation bills (Do< No. 76). By Mr. Murley of Boston, Resolution vesting the pardoninj power in the Governor (Doc. No. 77). By Mr. Newton of Everett, Resolution to provide for the concentration of the powers and responsibility of the executive in the supreme executive magistrate (Doc. No. 78). Severally to the committee on the Executive. MONDAY, JUNE 25, 1917. 59 By Mr. James H. Brennan of Boston, Resolution to provide General Court, that the apportionment of Representatives be based upon popu- ~~ membershi p- lation (Doc. No. 79). By the same member, Resolution to provide that the appor- id. tionment of Senators be based upon population (Doc. No. 80). By Mr. Day of Winchendon, Resolution relative to the estab- id. lishment of districts for the election of Representatives to the General Court (Doc. No. 81). By Mr. George of Haverhill, Resolution defining the power and G6ner ai Court, authority of the General Court (Doc. No. 82). By Mr. Luce of Waltham, Resolution relative to adjourn- General Court, ments of the General Court (Doc. No. 83). mente "" 1 " By Mr. Lufkin of Essex, Resolution providing that the Lieu- senate, tenant-Governor shall preside over the Senate (Doc. No. 84). presidency. By Mr. Mancovitz of Boston, Resolution relative to the appor- General Court, tionment of members of the General Court (Doc. No. 85). " membershi P- By Mr. Sheehan of Boston, Resolutio*n vesting in the Governor General Court, the right to adjourn or prorogue the General Court (Doc. No. 86). m e n d t! ourn " Severally to the committee on The General Court. By Mr. Lyman of Easthampton, Resolution providing for General Court, limited sessions of the General Court and biennial elections of jjessionlfand members thereof (Doc. No. 87): biennial eiec- So much thereof as relates to limited sessions of the General Court, to the committee on The General Court; and So much thereof as relates to biennial elections of members thereof, to the committee on Suffrage. By Mr. Bartlett of Newburyport, Resolution providing for Acts and re- the referendum by the General Court of acts and resolves and ^ e nSim. ref " parts thereof (Doc. No. 88). To the committee on Initiative and Referendum. By Mr. Martin of Holyoke, Resolution relative to the pay- Acquittals, ment of costs to those acquitted of the charge of crime (Doc. S 1611 * No. 89). By Mr. Murley of Boston, Resolution relative to statements Accused by persons accused of crimes or offenses (Doc. No. 90). Statements. Severally to the committee on Judicial Procedure. By Mr. William H. Sullivan of Boston, Resolution relative to judicial the salaries of judicial officers (Doc. No. 91). c r Ti.~ By Mr. Brackett of Arlington, Resolution authorizing the women appointment of women to the offices of justice of the peace and notary public (Doc. No. 92). By Mr. Buttrick of Lancaster, Resolution to provide for the united states submission to the people of amendment or amendments to the Constitution of the United States before any action can be taken thereon by the General Court (Doc. No. 93). By Mr. Donovan of Springfield, Resolution relative to the Taking of land right of the Commonwealth to take or to authorize the taking nn of land by eminent domain (Doc. No. 94). By the same member, Resolution relative to the election of judges (Doc. No. 95). JOURNAL OF THE CONVENTION, Judges, appointment, etc. Judiciary, authority. Intoxicating liquors, prohibition. Municipal home rule. Id. Public utilities, public own- ership. Slaughter houses and Grants, fran- chises, privi- leges, etc. Fuel and ice. Special privileges. Cold storage, publicity. Social insurance. State fire insurance. Compulsory insurance of employees. Employees, state insurance. Compulsory death benefits. Employees, health and safety. By Mr. Merriam of Framingham, Resolution providing for the appointment, removal and retirement of judges and their tenure of office (Doc. No. 96). By Mr. Stoeber of Adams, Resolution to prohibit the judiciary from nullifying or suspending laws (Doc. No. 97). Severally to the committee on the Judiciary. By Mr. Newton of Everett, Resolution relative to the prohi- bition of the manufacture, sale, keeping for sale, importation, transportation and exportation of intoxicating liquors (Doc. No. 98). To the committee on the Liquor Traffic. By Mr. Creamer of Lynn, Resolution providing for home rule for cities and towns (Doc. No. 99). By Mr. Harriman of New Bedford, Resolution to provide for a larger measure of home rule for cities and towns (Doc. No. 100). Severally to the committee on Municipal Government. By Mr. Boucher of New Bedford, Resolution relative to em- powering cities and towns to acquire, own and operate public utilities (Doc. No. 101). By Mr. Creamer of Lynn, Resolution empowering cities and towns to establish and maintain slaughter houses and cold stor- age warehouses (Doc. No. 102). By Mr. Delaney of Holyoke, Resolution relative to the revoca- tion or alteration of grants, franchises, privileges or immunities (Doc. No. 103). By the same member, Resolution relative to the production, manufacture or purchase and sale of fuel and ice (Doc. No. 104). By Mr. Michelman of Boston, Resolution relative to prohibit- ing the granting of special privileges to individuals, corporations or associations (Doc. No. 105). By Mr. Sheehan of Boston, Resolution requiring publicity as to food kept in cold storage (Doc. No. 106). Severally to the committee on Public Affairs. By Mr. Donovan of Springfield, Resolution to provide for social insurance by the Commonwealth (Doc. No. .107). By Mr. Finn of Chelsea, Resolution relative to creating a state fire insurance fund (Doc. No. 108). By Mr. William H. Sullivan of Boston, Resolution authorizing compulsory insurance of employees (Doc. No. 109). By Mr. Wonson of Gloucester, Resolution authorizing state insurance of workers against accident, sickness, invalidity, old age and unemployment (Doc. No. 110). By the same member, Resolution providing for compulsory death benefits for dependents of persons engaged in the public service in times of war and national or state emergency and of persons engaged in hazardous employments at all times (Doc. No. 111). By the same member, Resolution giving the General Court power to enact laws for the protection of the lives, health or safety of workers (Doc. No. 112). MONDAY, JUNE 25, 1917. 61 By Mr. Finn of Chelsea, Resolution relative to creating a Workmen's state fund for workmen's compensation insurance (Doc. No. 113). TtateXd!' Severally to the committee on Social Insurance. By Mr. Ross of New Bedford, Resolution authorizing cities Homes for and towns to take land for providing homes for citizens (Doc. Cltizens - No. 114). By Mr. Walker of Brookline, Resolution relative to the pro- Employees, tection and welfare of employees (Doc. No. 115). welfare. By Mr. Wonson of Gloucester, Resolution extending the pur- Taking of land poses for which the Commonwealth may take land (Doc. No. SLSSU? 1 * 111 * 1 116). By the same member, Resolution authorizing the General Public welfare. Court to enact laws to promote the health, safety, morals or wel- fare of the people (Doc. No. 117). Severally to the committee on Social Welfare. By Mr. Bartlett of Newburyport, Resolution relative to the state officers, manner of choice of Secretary of the Commonwealth, Treasurer choke! 1 f and Receiver-General, Auditor of the Commonwealth and At- torney-General (Doc. No. 118). By Mr. Fitz-Randolph of Nantucket, Resolution relative to incompatibility the incompatibility of offices (Doc. No. 119). By Mr. Harriman of New Bedford, Resolution to provide for ^ coordination efficient government through co-ordination of the various depart- ments (Doc. No. 120). By Mr. Morrill of Haverhill, Resolution authorizing the Gen- state and eral Court to pass laws providing for the recall of state and 1 JHSiL ffic county officers (Doc. No. 121). By Mr. Waterman of Williamstown, Resolution providing for a state commis- supervising secretary of all state commissions, to be appointed ^"ng^ec^ 61 " by the Governor (Doc. No. 122). *"y- By Mr. Wonson of Gloucester, Resolution relative to legisla- Natural re- tive regulation of natural resources (Doc. No. 123). regulation". Severally to the committee on State Administration. By Mr. Parkman of Boston, Resolution relative to establishing state debt, - a restriction on state debt (Doc. No. 124). To the committee on State Finance. By Mr. Bailey of Newbury, Resolution empowering the Gen- Absent voting. eral Court to provide by law for absent voting (Doc. No. 125). By Mr. Churchill of Amherst, Resolution to provide for bien- Bwjniai nial elections of state officers, councillors and members of the e General Court (Doc. No. 126). By Mr. Harriman of New Bedford, Resolution reducing the Qualification length of time required as a qualification for registration and voting (Doc. No. 127). By the same member, Resolution making aliens who have de- id. clared their intention of becoming citizens qualified to vote (Doc. No. 128). By Mr. Maguire of Boston, Resolution relative to ascertaining Qualifications the qualifications of candidates for offices to be voted for by the >eople (Doc. No. 129). people 62 JOURNAL OF THE CONVENTION, Taxing power. State and municipal revenues. By Mr. Washburn of Worcester, Resolution providing for equal suffrage for men and women (Doc. No. 130). Severally to the committee on Suffrage. By Mr. Creamer of Lynn, Resolution to remove restrictions upon the taxing power of the General Court (Doc. No. 131). By Mr. Newton of Everett, Resolution providing for the com- plete separation of the revenues and expenditures of the Com- monwealth from those of the cities and towns (Doc. No. 132). Severally to the committee on Taxation. liquors' 1 ns ^ communication from the Norfolk Association of Congrega- prohibi'tion. tional Churches, urging the adoption of an amendment of the Constitution prohibiting the manufacture and sale of intoxicat- ing liquors, was referred to the committee on the Liquor Traffic. Privileges of the library of the Massa- chusetts Historical Society. Library of the Massachusetts Historical Society. A communication, signed by the corresponding secretary, placing the Library of the Massachusetts Historical Society at the service of the members of the Convention, was read; and it was placed on file. On motion of Mr. Pillsbury of Wellesley, - Voted, That the thanks of the Convention be extended to the officials of the Massachusetts Historical Society for their courtesy. Compensation of Officials and their Assistants. On motion of Mr. Curtis of Revere, ie?gean r t-ft- Ordered, That the committee on Contingent Expenses and Arms and their Pay-Roll determine, and report to the Convention for its action, the compensation for services to be paid the secretaries and the Sergeant-at-Arms, and such assistants in their respective depart- ments as have been approved by the committee on Rules and Procedure. Bulletins on Compulsory and Absentee Voting. The following order, offered by Mr. Newton of Everett, was referred, under the provisions of a standing order, to the com- mittee on Rules and Procedure: votTn P g u lnd y Ordered, That the bulletins on compulsory voting and absentee absentee voting, prepared by the commission appointed to compile in- printm g "of formation and data for the Convention, be printed as a Conven- buiietins. tion document. ments. Compensation of Members of the Convention. M r Curtis of Revere, for the committee on Contingent Ex- penses and Pay-Roil, who were instructed, on June 20, to deter- mine and report the manner in which compensation shall be paid to the members, reported, in part, recommending that each member of the Convention be entitled to be paid one hundred dollars, on account, at the end of each month; but that such MONDAY, JUNE 25, 1917. 63 monthly payments shall not exceed in the aggregate the compen- sation of the member as authorized by the Convention. The report was read; and it was placed in the Orders of the Day for the next session. Vacancy in the Fourth Suffolk Representative District. Mr. Dean of Fall River, for the committee on Elections, to Fourth Suffolk whom was referred the order providing for giving James J. DiSrict, n tive Mullen, Jr., of Boston, and Joseph M. Sullivan of Boston, seats vacancy*. in the Convention, each with one-half vote, reported certain findings based upon an examination and recount of the ballots cast in the Fourth Suffolk Representative District, and recom- mended the adoption of the following resolution: Resolved, That Joseph M. Sullivan of Boston be declared a duly elected member of the Constitutional Convention from the Fourth Suffolk Representative District. The report (Doc. No. 133) was read; and the resolution was placed in the Orders of the Day for the next session. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The motion that the vote be reconsidered by which the Con- Labor rights; vention, on Thursday last, adopted the motion of Mr. Donovan of Lawrence, that the committee on Judicial Procedure be dis- charged from the further consideration of the Resolution that labor be held to be a personal and not a property right and that the issue of injunctions be limited in labor disputes (Doc. No. 30), and that the resolution be referred to the committee on Labor, was considered; and after debate it was adopted. Pending the recurring question Mr. Lowell of Newton moved that the motion of Mr. Donovan be amended by adding at the end thereof the words "and afterward to the committee on Judicial Procedure". The President stated that the motion was not in order at the present time, but that a motion which would accomplish the same object could be made at a later stage in the proceedings on this matter. Mr. Blackmur of Quincy moved that the motion of Mr. Donovan be amended by striking out, at the end thereof, the words " committee on Labor ", and inserting in place thereof the words "committees on Labor and Judicial Procedure, sitting jointly". After debate the question was put on the motion of Mr. Blackmur, and 125 members voted in the affirmative and 92 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Donovan; and on the roll call 130 members voted in the affirmative and 115 in the negative, as follows: 64 JOURNAL OF THE CONVENTION, YEAS.* Messrs. Anderson, Frederick L. Anderson, George W. Bailey, Charles O. Bailey, J. Warren Ballantyne, John Bangs, Francis R. Barker, Warren S. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bergengren, Roy F. Besse, Harold A. Blackmur, Paul R. Bodfish, John D. W. Bolster, Percy G. Bos worth, Henry H. Bouve", Walter L. Boyer, Elmer E. Brackett, John Q. A. Brine, Henry C. Bryant, Lincoln Buck, Maurice A. Burrell, Fred J. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Coleman, George W. Cook, Rufus H. Coolidge, Louis A. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Ho well Crossley, William Cyril Cummings, Herbert E. Curtis, Arthur B. Curtis, Edwin U. Dale, George H. Davis, Elbridge G. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farns worth, Frank S. Ferry, James R. Fitz-Randolph, Reginald T. Fraser, Eugene B. Garland, Francis P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hawley, Truman R. Hibbard, Charles E. Messrs. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Howard, Charles P. Hutchings, Henry M. Johnson, Charles R. Kelley, George W. Kenefick, Thomas W. Kerr, Alexander Lane, Daniel W. Lane, Dwight F. Langelier, Louis F. R. Leboeuf, Telesphore Look, William J. Loring, Augustus P. Lowe, Arthur H. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lynch, John C. MacMaster, Edward A. McAnarney, John W. McCaffrey, George H., Jr. Merriam, John M. Mitchell, Charles Montague, David T. Morton, James M. Murphy, John L. Newton, H. Huestis Nutting, Edward H. Parker, George S. Parker, Herbert Parkman, Henry Peirce, Albion G. Pillsbury, Albert E. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Rutherford E. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph Jj. Swig, Louis Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph UnderhiU, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Webster, Francis E. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. * See " Question of Privilege " on page 67. MONDAY, JUNE 25, 1917. 65 Messrs. Willett, George Franklin Williams, Fred Homer Wing, Herbert Messrs. Adams, Smith J. Aylward, James F. Barnes, Clarence A. Bauer, Ralph S. Begley, John S. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brennan, James J. Broderick, Patrick S. Brown, E. Gerry Brown, Samuel F. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Collier, David R. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Craven, John H. Creamer, Walter H. Creed, James F. Curtis, Charles P., Jr. Daley, Peter Daly, John W. Davis, William R. Day, Charles M. Dean, Robert A. Delaney, Louis F. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Flaherty, William Flye, Louis Edwin Foss, George H. Frost, Archie N. Gallagher, Daniel J. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. Graumann, John Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Horgan, Francis J. Messrs. Winslow, Guy M. Wood, Charles J. Youngman, William S. NAYS. Messrs. Keliher, John A. Kelly, Luke L. Kenny, Herbert A. Knotts, J. Franklin Larson, Charles G. Leonard, Joseph J . Linke, Fred R. Lomasney, Martin M. Love, Joseph A. Lowell, James A. Lyman, Frank E. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Marshall, Daniel J. Martin, Daniel A. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moore, Charles D. C. Moran, William Moriarty. James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. O'Connell, John J. Perry, Augustus W. Peterson, Patrick Quinn, Timothy F. Ray, Herbert L. Rieutord, Louis O. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Sparrell, Ernest H. Sullivan, Michael A. SuUivan, William H. Talbot, Harry R. Theller, Ralph L. Thompson, Edward Walker, George Walker, Joseph Wonson, Carlton W. 130 yeas; 115 nays. 66 JOURNAL OF THE CONVENTION, 'Therefore the amendment moved by Mr. Blackmur was adopted. The motion of Mr. Donovan, as thus amended, was then adopted; and, accordingly, the resolution was referred to the committees on Labor and Judicial Procedure, sitting jointly. Changes in Membership of Committees. MSpai es n The President announced that Mr. Charles F. Dutch of ^|ment Winchester had been excused, at his own request, from serving Administra- on the committee on Municipal Government; and that he had iimembe h r- nges been appointed to fill the vacancy in the membership of the s hi p- committee on State Administration. Next session. Adjournment and Hour of Meeting. On motion of Mr. Hibbard of Pittsfield, Voted, That, when the Convention adjourns to-day, it adjourn to meet to-morrow at two o'clock P.M. Death of member-elect Walter F. Russell. Death of a Member-Elect. Mr. E. Gerry Brown of Brockton announced the death, on Friday, June 22, of his colleague, Mr. Walter F. Russell of Brock- ton, member-elect from the Tenth Plymouth Representative District. The President stated that the announcement was received with deep regret. Mr. Brown then moved that, as a mark of respect, the Con- vention adjourn; and this motion was unanimously adopted. Accordingly, at fifteen minutes before one o'clock, the Conven- tion adjourned. TUESDAY, JUNE 26, 1917. 67 ' TUESDAY, June 26, 1917. Met according to adjournment, at two o'clock P.M. Prayer was offered by Rev. Francis E. Webster of Waltham, a member of the Convention. Question of Privilege. Mr. Chase of Lynn rose to a question of privilege, and stated Mr. Chase of that, when the roll was called, yesterday, on the question on question" of the amendment moved by Mr. Blackmur of Quincy to the recur- P rivile s e - ring motion of Mr. Donovan of Lawrence, he was present and voted in the affirmative; but that he was not recorded. Adjournment to Tuesday, July 10. On motion of Mr. Hibbard of Pittsfield, Ordered, That, when the Convention adjourns to-day, it ad- Adjournment journ to meet on Tuesday, July 10, at two o'clock P.M. Conflicting References to Committees. On motion of Mr. Quincy of Boston, Ordered, That the committee on Rules and Procedure be in- Conflicting structed to report to the Convention what action should be taken to avoid consideration of the same subject by two or more differ- ent committees under conflicting references. Facilities for Typewriting. Mr. Good of Cambridge offered the following order: Ordered, That the committee on Rules and Procedure be re- Facilities for quested and authorized to provide facilities for typewriting for typ ewritin g- the use of members of the Convention. After debate the order was referred to the committee on Con- tingent Expenses and Pay-Roll, on motion of Mr. Curtis of Revere. Bulletins on Compulsory and Absentee Voting. Mr. Luce of Waltham, for the committee on Rules and Proce- Compulsory dure, to whom was referred the order providing for printing as vofingT tee a Convention document bulletins on compulsory voting and gjjkj?* of absentee voting, reported that the same ought to be adopted in a new draft, as follows : Ordered, That five hundred copies of the bulletins on "Com- pulsory Voting" and "Absentee Voting", prepared by the com- 68 JOURNAL OF THE CONVENTION, District attorneys, appointment. mission appointed to compile information and data for the Con- vention, be printed. The report was read; and the order was considered forthwith and was adopted. Change in a Committee Reference. Mr. Jones of Melrose moved that the committee on the Judi- ciary be discharged from the further consideration of the Resolu- tion providing for the appointment of district attorneys (Doc. No. 48), and that the resolution be referred to the committee on County and District Government; and the motion was adopted. Referendum on amend- ments. Specific amendments. Form of amendments. Id. General Court, passing of amendments. Future revi- sions and amendments. Future consti- tutional conventions. Id. Property for public pur- Law of the land. Preamble. Sectarian appropriations. Id. Proposals to Amend the Constitution. Resolutions and petitions, which had been filed with the Secre- tary before five o'clock P.M., June 25, were severally presented and referred as follows : By Mr. Dean of Fall River, Resolution to provide for the direct adoption of constitutional amendments by referendum to the people (Doc. No. 134). By Mr. Donnelly of Lawrence, Resolution relative to specific amendments of the Constitution (Doc. No. 135). By Mr. Hart of Cambridge, Resolution relative to the form of amendments to the Constitution (Doc. No. 136). By Mr. Sullivan of Lawrence, Resolution relative to the form of amendments of the Constitution (Doc. No. 137). By Mr. McCormack of Boston, Resolution relative to amend- ments of the Constitution passed by the General Court (Doc. No. 138). By Mr. Horgan of Boston, Resolution to provide for future revisions and amendments of the Constitution (Doc. No. 139). By Mr. Sullivan of Lawrence, Resolution relative to the calling and holding of future constitutional conventions (Doc. No. 140). By Mr. Twomey of Lawrence, Resolution providing for the holding of a constitutional convention in the year nineteen hun- dred and forty-two (Doc. No. 141). Severally to the committee on Amendment and Codification of the Constitution. By Mr. Bicknell of Weymouth, Resolution relative to the use of private property for public purposes (Doc. No. 142). By Mr. Burns of Pittsfield, Resolution relative to the law of the land (Doc. No. 143). By Mr. Edwin U. Curtis of Boston, petition of J. M. Foster, accompanied by Resolution relative to the preamble to the Con- stitution (Doc. No. 144). By Mr. Anderson of Newton, petitions of the Calvary Baptist Church of Haverhill and the First Baptist Church in Newton, severally in aid of the Resolution (Doc. No. 66) to prohibit the support of sectarian institutions from public funds. By Mr. Clark of Wilmington, petition of the Worthen Street Baptist Church of Lowell in aid of the Resolution (Doc. No. 66) to prohibit the support of sectarian institutions from public funds, TUESDAY, JUNE 26, 1917. 69 and against the Resolution (Doc. No. 2) to prohibit the support of institutions from public funds. By Mr. Glazier of Hudson, Resolution relative to appropria- Sectarian tions for sectarian purposes (Doc. No. 145). appropriations. By Mr. Brown of Brockton, Resolution relative to the right Right to labor, to labor and to enjoy the fruits thereof (Doc. No. 146). By the same member, Resolution providing that the enumera- Rights of the tion of rights shall not impair or deny other rights of the people people ' (Doc. No. 147). By Mr. Donnelly of Lawrence, Resolution relative to appropri- Educational ations for vocational, trade and textile schools (Doc. No. 148). a PP r P riations - By Mr. Donovan of Boston, Resolution relative to the liberty Liberty of of speech and of the press and of all important recognized media ?Ee e prei nd f of thought transmission utilized to affect public opinion (Doc. No. 149). By Mr. Harriman of New Bedford, Resolution providing for Rights of a clearer declaration of certain rights of working men and women workers - (Doc. No. 150). By Mr. McKeon of Worcester, Resolution relative to the right Trial by jury. of trial by jury (Doc. No. 151). By Mr. Powers of Newton, petition of Frank Ernest Wood- Recognition of ward and others, accompanied by Resolution providing for the R U \ e 3olden recognition in the Bill of Rights of the Golden Rule as an indis- pensable element of the social and civic welfare of the people (Doc. No. 152). By Mr. Stearns of Cambridge, Resolution relative to the free Free exercise exercise of religion (Doc. No. 153). of religion. Severally to the committee on Bill of Rights. By Mr. Codman of Brookline, Resolution relative to appoint- County ment by the Governor of certain county officials (Doc. No. 154). Jjjjfenent By the same member, Resolution relative to abolishing the County com- office of county commissioner (Doc. No. 155). SSiitSJu'"" By Mr. Lynch of Milford, Resolution relative to the abolition id. of the office of county commissioner (Doc. No. 156). Severally to the committee on County and District Govern- ment. By Mr. Hall of North Adams, Resolution relative to the organ- p u bii c schools, ization and support of the system of public schools (Doc. No. "^p^ 011 157). By Mr. Powers of Newton, petition of George Hale Nutting Duties of and others, accompanied by Resolution providing for training in C1 the duties of citizenship in all public schools, and defining the duties of citizenship (Doc. No. 158). Severally to the committee on Education. By Mr. Delaney of Holyoke, Resolution relative to abolishing Governor, the veto power of the Governor (Doc. No. 159). veto power. By Mr. Howard of Reading, Resolution to provide for a pardon Pardon board board and pardon juries (Doc. No. 160). By the same member, Resolution relative to the appointment ^^ of the Attorney-General by the Governor and of the district district attorneys by the Attorney-General (Doc. No. 161). 70 JOURNAL OF THE CONVENTION, Council, abolition. Id. Id. Governor, amendment of bills and resolves. Governor, enlarged powers. Elected officers, removal. By Mr. McKeon of Worcester, Resolution providing for the abolition of the Council (Doc. No. 162). By Mr. Murphy of Chelsea, Resolution providing for the abolition of the Council and the transfer of its powers and duties to the Senate (Doc. No. 163). By Mr. Walsh of Fitchburg, Resolution to provide for the abolition of the Council (Doc. No. 164). By Mr. Luce of Waltham, Resolution providing for giving the Governor power to recommend amendments of bills and resolves passed by the General Court (Doc. No. 165). By Mr. Quincy of Boston, Resolution relative to enlarging the powers and responsibilities of the office of Governor (Doc. No. 166). By Mr. Tilton of Springfield, Resolution relative to the re- moval of certain elected officers (Doc. No. 167). Severally to the committee on the Executive. Legislature of 25 members. General Court, membership. Id. General Court, delegation of powers. General Court, volume of business; responsibility. Negative of the Senate. Senate, abolition. Legislative bills, scrutiny. Single legis- lative body. Senate of 16 members. General Court, organiza- tion. Representative districts. Id. By Mr. Adams of Quincy, Resolution to provide for a Legisla- ture of a single chamber of twenty-five members (Doc. No. 168). By Mr. Bailey of Newbury, Resolution relative to the appor- tionment of members of the General Court (Doc. No. 169). By Mr. Barrett of Cambridge, Resolution relative to the arrangement of districts for the election of members of the Senate (Doc. No. 170). By Mr. Bicknell of Weymouth, Resolution relative to pro- hibiting the delegation of its powers by the General Court (Doc. No. 171). By Mr. Carr of Hopkinton, Resolution to limit the volume of business before the General Court and to fix individual re- sponsibility for legislative action (Doc. No. 172). By Mr. Donoghue of Boston, Resolution relative to the nega- tive of the Senate on the House of Representatives (Doc. No. 173). By Mr. Hale of Boston, Resolution relative to the abolition of the Senate (Doc. No. 174). By Mr. Howard of Reading, Resolution to provide for the scrutiny of legislative bills by the Attorney-General (Doc. No. 175). By Mr. Morrill of Haverhill, Resolution relative to abolishing the Senate and to establishing a single legislative body (Doc. No. 176). By Mr. Love of Webster, Resolution providing that the Senate shall consist of sixteen members elected from Congressional dis- tricts (Doc. No. 177). By Mr. Luce of Waltham, Resolution relative to the organiza- tion of the General Court (Doc. No. 178). By Mr. Mancovitz of Boston, Resolution to provide for a more equitable method of establishing the districts for the election of Representatives to the General Court (Doc. No. 179). By Mr. Morrill of Haverhill, Resolution to provide for a more equitable and proportional representation in the House of Repre- sentatives (Doc. No. 180). TUESDAY, JUNE 26, 1917. 71 By Mr. Youngman of Boston, petition of Martin Hays, accom- Representative. panied by Resolution relative to the method of apportionment of di3tricts Representatives to the General Court (Doc. No. 181). By Mr. Walcott of Cambridge, Resolution relative to the Regulation of power of the General Court to regulate smells, sights and sounds nuisances and the construction of buildings (Doc. No. 182). Severally to the committee on The General Court. By Mr. Clark of Brockton, Resolution relative to the General Court and to the initiative and referendum (Doc. No. 183). By Mr. George of Haverhill, Resolution relative to the initia- id. tive and referendum (Doc. No. 184). By Mr. Howard of Reading, Resolution relative to obtaining id. signatures in connection with the initiative and referendum (Doc. No. 185). By Mr. Harriman of New Bedford, petition of the Massachu- id. setts State Branch of the American Federation of Labor, accom- panied by Resolution to provide for establishing the initiative and referendum (Doc. No. 186). By Mr. Willett of Norwood, Resolution relative to requiring id. initiative measures to be approved by the people at two succes- sive elections before becoming a part of the laws of the State (Doc. No. 187). Severally to the committee on Initiative and Referendum. By Mr. Charles P. Curtis, Jr., of Boston, Resolution relative to the authority of the Supreme Judicial Court to prescribe - method of procedure (Doc. No. 188). By Mr. Kelley of Rockland, Resolution relating to the rules Trial of causes, of evidence in the trial of causes in the courts of the Common- ~~ evidence - wealth (Doc. No. 189). By Mr. McAnarney of Quincy, Resolution to provide for the Equity pro- framing and submission by the court to the jury of issues of fact in equity proceedings when requested by either party thereto (Doc. No. 190). Severally to the committee on Judicial Procedure. By Mr. Bailey of Newbury, Resolution relative to the tenure Judicial of office of the judiciary (Doc. No. 191). By Mr. Boynton of Everett, Resolution relative to the ap- Id> pointment of judicial officers for a term of seven years (Doc. No. 192). By Mr. Mancovitz of Boston, Resolution providing for the Id appointment of judges for specific terms (Doc. No. 193). By Mr. William H. Sullivan of Boston, Resolution limiting w. the tenure of judicial officers to ten years (Doc. No. 194). By Mr. Hart of Cambridge, Resolution providing for a super- supervisor of visor or commissioner of administrators and executors (Doc. No. anTexSutS 195). By Mr. Hutchings of Dedham, Resolution relative to the property for taking of property for public uses (Doc. No. 196). By Mr. Maguire of Boston, Resolution relative to the election Judges, of judges by the people (Doc. No. 197). 72 JOUKNAL OF THE CONVENTION, Judges, election. Id. Id. Judicial ap- pointments, - confirmation. Eminent domain. Civil actions, verdicts of juries. Id. Id. Id. Trial by jury. Id. Public defender. Id. Certain de- fendants, counsel. Supreme Judicial Court, constitu- tionality of law. Supreme Judicial Court, opinions. Women as notaries public. Clerks of courts, ap- pointment by justices. Labor, hours and conditions. Labor, maximum hours. By Mr. Mancovitz of Boston, Resolution relative to authoriz- ing the General Court to provide for the election of judges (Doc. No. 198). By Mr. Moriarty of Boston, petition of the Massachusetts State Branch of the American Federation of Labor, accompanied by Reso- lution providing a method for the election of judges (Doc. No. 199). By Mr. Clark of Brockton, Resolution relating to the election and recall of judicial officers (Doc. No. 200). By Mr. Walsh of Fitchburg, Resolution to provide for the con- firmation of judicial appointments by other than a political body (Doc. No. 201). By Mr. Newton of Everett, Resolution providing that all tak- ings of land by eminent domain shall be deemed a public use (Doc. No. 202). By Mr. Bates of Boston, Resolution to provide that five-sixths of any jury in civil actions may render a valid verdict after twelve hours' deliberation (Doc. No. 203). By Mr. Love of Webster, Resolution relative to permitting a verdict in civil actions by less than the whole number of jurors (Doc. No. 204). By Mr. Twomey of Lawrence, Resolution relative to verdicts of juries in civil actions (Doc. No. 205). By Mr. Youngman of Boston, Resolution relative to the ver- dicts of juries and to trial by jury in cases relating to work- men's compensation (Doc. No. 206). By Mr. Kelley of Rockland, Resolution relating to trial by jury in all controversies concerning property (Doc. No. 207). By Mr. Twomey of Lawrence, Resolution relative to the right of trial by jury in all cases at law (Doc. No. 208). By Mr. Donnelly of Lawrence, Resolution relative to estab- lishing the office of public defender (Doc. No. 209). By Mr. Twomey of Lawrence, Resolution relative to the elec- tion of a public defender (Doc. No. 210). By Mr. Love of Webster, Resolution relative to providing counsel for defendants charged with state prison offences (Doc. No. 211). By Mr. Brown of Brockton, Resolution enlarging the power of a minority of the Supreme Judicial Court in construing the constitutionality of law (Doc. No. 212). By Mr. Donnelly of Lawrence, Resolution relative to the authority of the Governor, Council and General Court to request opinions of the Supreme Judicial Court (Doc. No. 213). By Mr. Craven of Boston, Resolution providing that women shall be eligible to appointment as notaries public (Doc. No. 214). By Mr. Sullivan of Lawrence, Resolution relative to the selec- tion of clerks of courts by the justices thereof (Doc. No. 215). Severally to the committee on the Judiciary. By Mr. Delaney of Holyoke, Resolution empowering the General Court to provide for the regulation or restriction of the hours and conditions of labor rf (Doc. No. 216). By Mr. Twomey of Lawrence, Resolution relative to maximum hours of labor (Doc. No. 217). TUESDAY, JUNE 26, 1917. 73 By Mr. Martin of Boston, petition of the Massachusetts State Safe construc- Branch of the American Federation of Labor, accompanied by ij,et uild Resolution to insure safe construction in this Commonwealth (Doc. No. 218). Severally to the committee on Labor. By Mr. Donovan of Springfield, petition of the Massachusetts Labor disputes, State Branch of the American Federation of Labor, accompanied ~~ miunctlons - by Resolution regulating the issue of injunctions in labor disputes (Doc. No. 219). By Mr. Moriarty of Boston, petition of the Massachusetts id. State Branch of the American Federation of Labor, accompanied by Resolution relative to regulating the issue of injunctions in labor disputes (Doc. No. 220). Severally to the committees on Labor and Judicial Procedure, sitting jointly. By Mr. Lane of Boston, Resolution relative to prohibiting Liquors con- the manufacture and sale of intoxicating liquors containing more S^Spw 8 than twenty-five per cent of alcohol (Doc. No. 221). cent alcohol. To the committee on the Liquor Traffic. By Mr. Bryant of Milton, Resolution relating to the appoint- Military ment of military officers, the numbers and organization of mili- affairs ' tary forces and civil penalties to be inflicted by courts martial (Doc. No. 222). By Mr. Horgan of Boston, Resolution relative to the militia id. of the Commonwealth (Doc. No. 223). By Mr. Hutchings of Dedham, Resolution relative to the id. method of selecting and promoting officers in the militia (Doc. No. 224). Severally to the committee on Military Affairs. By Mr. Begley of Holyoke, Resolution relative to granting Lord's Day power to cities and towns to authorize athletic contests on the Lord's Day (Doc. No. 225). By Mr. Fitz-Randolph of Nantucket, Resolution providing for Municipal granting a greater measure of home rule to cities and towns homerule - (Doc. No. 226). By Mr. Harriman of New Bedford, Resolution to provide for id. home rule in municipalities in all matters not within general laws (Doc. No. 227). By Mr. Horgan of Boston, Resolution to provide for local Id - self-government by municipalities (Doc. No. 228). By Mr. Kenny of Boston, Resolution relative to the authority id. of the General Court in the government of cities (Doc. No. 229). By Mr. Martin of Holyoke, Resolution to authorize the pay- ment of bonuses to deserving public employees (Doc. No. 230). Severally to the committee on Municipal Government. By Mr. Brown of Brockton, Resolution defining private Natural re- property title to natural resources (Doc. No. 231). private title. By Mr. Donovan of Springfield, Resolution relative to the Public busi- right of the Commonwealth, counties, cities and towns to engage Sings. er in business undertakings (Doc. No. 232). 74 JOURNAL OF THE CONVENTION, Public markets, foodstuffs. Municipal fuel yards and markets. Necessaries of life, public supply. Id. Id. Id. Id. Id. Gas and electric plants, public ownership. Public utilities, public owner- ship. Id. Id. Id. Id. Historical property, preservation. Industrial rights and social justice. Franchises, limited terms. Id. By Mr. Donnelly of Lawrence, Resolution relative^to the establishment of public markets and the sale of food stuffs (Doc. No. 233). By Mr. O'Connor of Chicopee, Resolution relative to the main- tenance of municipal fuel and coal yards and market places (Doc. No. 234). By Mr. Donoghue of Boston, Resolution granting further powers to cities and towns in relation to the necessities of life (Doc, No. 235). By the same member, Resolution providing for the mainte- nance of a sufficient supply of the common necessities of life (Doc. No. 236). By Mr. Dennis D. Driscoll of Boston, petition of the Massa- chusetts State Branch of the American Federation of Labor, accompanied by Resolution relative to granting authority to deal in the necessaries of life (Doc. No. 237). By Mr. Frost of Lawrence, Resolution to authorize the enact- ment of laws governing the purchase, sale and distribution of the necessities of life (Doc. No. 238). By Mr. Horgan of Boston, Resolution to enable the Common- wealth and municipalities to manufacture, purchase and sell the necessities of life, and to manufacture and sell gas and electricity (Doc. No. 239). By Mr. William H. Sullivan of Boston, Resolution relative to giving to the Commonwealth and to cities and towns the right to seize, store, sell and distribute food and fuel (Doc. No. 240). By Mr. Horgan of Boston, Resolution to provide for municipal ownership of plants for the manufacture, use and sale of gas and electricity (Doc. No. 241). By the same member, Resolution to provide for public owner- ship of all public utilities and for the conservation of the water powers of the Commonwealth (Doc. No. 242). By the same member, Resolution to provide for the ownership, purchase and operation of public utilities (Doc. No. 243). By Mr. Butler of Brockton, Resolution to authorize the taking of public utilities or any part or parts thereof (Doc. No. 244). By Mr. Thompson of Beverly, petition of the Masssachusetts State Branch of the American Federation of Labor, accompanied by Resolution providing for state, county and municipal owner- ship of public utilities (Doc. No. 245). By the same member, Resolution relative to the public owner- ship and operation of street railways (Doc. No. 246). By Mr. Hutchings of Dedham, Resolution relative to preserv- ing property of historical or antiquarian interest (Doc. No. 247). By Mr. Hale of Boston, petition of Conrad Reno, accom- panied by Resolution relative to industrial rights and social justice (Doc. No. 248). By Mr. Mancovitz of Boston, Resolution relative to prohibit- ing the granting of franchises for longer terms than fifty years (Doc. No. 249). By Mr. Skerrett of Worcester, Resolution relative to limiting the granting of franchises to terms of twenty-five years (Doc. No. 250). Severally to the committee on Public Affairs. TUESDAY, JUNE 26, 1917. . 75 By Mr. Carr of Hopkinton, Resolution relative to the estab- Health lishment of a system of non-contributory health insurance (Doc. insurance - No. 251). By Mr. Donnelly of Lawrence, Resolution relative to the es- id. tablishment of health insurance for working men (Doc. No. 252). By Mr. Can of Hopkinton, Resolution relative to establishing Old age a system of non-contributory old age pensions (Doc. No. 253). P ensions - By Mr. Donnelly of Lawrence, Resolution relative to the es- id. tablishment of a system of old age pensions (Doc. No. 254). By Mr. Walker of New Bedford, petition of the Massachusetts id. State Branch of the American Federation of Labor, accompanied by Resolution providing for the establishment and maintenance *of a system of old age pensions (Doc. No. 255). By Mr. Leonard of Boston, Resolution to empower the Gen- Casualty eral Court to make absolute the liabilities of casualty insurance 3S3ST''~" companies to persons injured by accident (Doc. No. 256). liability. By Mr. Morrill of Haverhill, Resolution relative to pensions to Dependents of dependents of those suffering from cancer or tuberculosis (Doc. pensSms 0118 ' ~ No. 257). By Mr. Thompson of Beverly, petition of the Massachusetts injured em- State Branch of the American Federation of Labor, accompanied FnSS'ce. by Resolution providing that employers shall insure in a public fund for the benefit of injured employees (Doc. No. 258). By Mr. Twomey of Lawrence, Resolution relative to the Workmen's establishment of a state fund for workmen's compensation (Doc. ^tate^nd n ' No. 259). Severally to the committee on Social Insurance. By Mr. Bauer of Lynn, Resolution relative to the duty of the Women before Commonwealth toward women before and after childbirth (Doc. childbirth No. 260). By Mr. Dennis D. Driscoll of Boston, petition of the Massachu- One day's rest setts State Branch of the American Federation of Labor, accom- mseven - panied by Resolution establishing one day's rest in seven for employees (Doc. No. 261). Severally to the committee on Social Welfare. By Mr. Bartlett of Newburyport, Resolution relative to the Decennial taking of the decennial census of the Commonwealth (Doc. No. ceiasus - 262). By President Bates, petition of Susan E. Stevens, accom- inspection of panied by Resolution relative to the inspection of certain public iE and private institutions (Doc. No. 263). By Mr. Curtiss of Hingham, Resolution providing that ap- civil service, pointments ;md promotions in the civil service shall be made ^promo^ 3 because of merit and fitness ascertained through open competi- tions. tion (Doc. No. 264). By Mr. Hart of Cambridge, Resolution providing for a state state board of board of control to replace existing commissions, boards and a commissioners (Doc. No. 265). By Mr. Howard of Reading, Resolution to establish a commis- Commission sion on effective administration (Doc. No. 266). adminStration. By the same member. Resolution for systematizing the ^state state admims- administration and providing for a state civil service commission J2rganization. and the appointment of the state auditor (Doc. No. 267). *. 76 JOURNAL OF THE CONVENTION, Administrative departments, changes. State depart- ments, ordinances. State officers, four-year term. Public Service Commission, election. Certain officers, appointment. Departments, separation. Business and public service departments, reorganization. State budget, etc. Id. Id. Public credit. Issuance of bonds. Appropriation bills, veto of items. Counting of ballots. Compulsory voting. Election of municipal officers. Equal suffrage. Corrupt practices. Qualifications of voters. Id. By the same member, Resolution to provide against too fre- quent changes in the form of administrative departments of the Commonwealth (Doc. No. 268). By Mr. Luce of Waltham, Resolution relative to the issuing of ordinances by departments, commissions, boards and other ad- ministrative agencies (Doc. No. 269). By Mr. Newton of Everett, Resolution providing for a four- year term for elective state officers, including a recall provision in the case of Governor (Doc. No. 270). By Mr. Shaw of Revere, Resolution providing for the election of the members of the Public Service Commission (Doc. No. 271). By Mr. Walcott of Cambridge, Resolution relative to the ap- pointment of certain officers by the Governor (Doc. No. 272). By the same member, Resolution relative to the separation of the departments of government (Doc. No. 273). By Mr. Willett of Norwood, Resolution to provide for the future reorganization of the business and public service depart- ments (Doc. No. 274). Severally to the committee on State Administration. By Mr. Codman of Brookline, Resolution providing for a state budget, for the veto of items therein and for state financial super- vision of public loans (Doc. No. 275). By Mr. Dellinger of Wakefield, Resolution to provide for estab- lishing a state budget system (Doc. No. 276). By Mr. Willett of Norwood, Resolution relative to providing for the submission by the Governor of an executive budget (Doc. No. 277). By Mr. Mancovitz of Boston, Resolution relative to granting the credit of the Commonwealth or its sub-divisions (Doc. No. 278). By the same member, Resolution relative to the manner in which the General Court may authorize the issuance of bonds (Doc. No. 279). By Mr. Walsh of Fitchburg, Resolution to provide for the ex- tension of the veto power of the Governor to separate items of appropriation bills (Doc. No. 280). Severally to the committee on State Finance. By ^ Mr. Barrett of Cambridge, Resolution relative to the counting of ballots cast at elections (Doc. No. 281). By the same member, Resolution relative to compulsory voting at elections (Doc. No. 282). By Mr. Creed of Boston, Resolution relative to applying all laws and legal provisions governing the election of state officers to the election of all municipal officers (Doc. No. 283). By Mr. Delaney of Holyoke, Resolution to provide for equal rights of suffrage for all citizens regardless of sex (Doc. No. 284). By Mr. George of Haverhill, Resolution relative to corrupt practices in elections (Doc. No. 285). By Mr. Morrill of Haverhill, Resolution relative to the quali- fications of voters (Doc. No. 286). By Mr. Scigliano of Boston, Resolution to enable persons who have declared their intentions to become citizens of the United States to vote in city and town elections (Doc. No. 287). TUESDAY, JUNE 26, 1917. 77 By Mr. O'Connor of Chicopee, Resolution relative to prohibit- Political party ing the use of party designations in certain primaries and elec- ' tions (Doc. No. 288). By Mr. Walsh of Fitchburg, Resolution to provide for voting Absentee by persons unable for valid reasons to attend the polls (Doc. voting No. 289). Severally to the committee on Suffrage. By Mr. Bauer of Lynn, Resolution to authorize the imposition Poll taxes at and collection of poll taxes at varying rates for the purpose of var y in e rates - inducing the full exercise of voting rights (Doc. No. 290). By Mr. Carr of Hopkinton, Resolution relative to uniformity Taxation, in real estate assessments for taxation (Doc. No. 291). USaSSente. By Mr. Creamer of Lynn, Resolution to provide a limit to Taxexemp- tax exemptions (Doc. No. 292). tions, -limit. By Mr. Delaney of Holyoke, Resolution to provide for the single tax single tax upon land values (Doc. No. 293). system - By Mr. Kerr of Maiden, Resolution relative to authorizing id. the single tax (Doc. No. 294). By Mr. Horgan of Boston, Resolution to provide for true, Taxation, complete and accurate returns of all personal properties which ^f n s! e may be subject to taxation (Doc. No. 295). By Mr. Shaw of Revere, Resolution relative to making uni- Uniform taxa- form the application of all statutes relating to the taxation of tlonlaws property (Doc. No. 296). By Mr. Walsh of Fitchburg, Resolution to provide for full ^^H 5 ' publicity of tax assessments (Doc. No. 297). publicity. By Mr. Mancovitz of Boston, Resolution relative to taxation Taxation of of real estate (Doc. No. 298). By Mr. Leonard of Boston, Resolution granting power to the Taxation of General Court to levy taxes on persons and property of alien ahens> residents (Doc. No. 299). By Mr. Kenny of Boston, Resolution relative to the taxa- Taxation, tion of agricultural or farming lands and products (Doc. 'No. KTan 1 300). products. By Mr. Kelley of Rockland, Resolution relative to taxation Taxation, of real estate and incomes (Doc. No. 301). Severally to the committee on Taxation. The following order, filed with the Secretary before five o'clock P.M., June 25, by Mr. Brown of Brockton, was adopted: Ordered, That the committee on Bill of Rights consider and report upon the subject of further protection in the Bill of Rights pnsonment. against unjust and oppressive imprisonment of poor debtors. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The report of the committee on Contingent Expenses and Pay- Compensation^ Roll, who were instructed by an order adopted on June 20 to ^ISbS** determine and report the manner in which compensation shall be payments. paid to the members, recommending that each member of the 78 JOURNAL OF THE CONVENTION, Convention be entitled to be paid one hundred dollars, on ac- count, at the end of each month; but that such monthly pay- ments shall not exceed in the aggregate the compensation of the member authorized by the Convention, was considered. Mr. Shefburne of West Springfield moved that the report be amended by striking out the words " one hundred dollars ", and inserting in place thereof the words " two hundred dollars ". Mr. Brown of Brockton moved that the report be amended by inserting after the words "on account," the words "and one hundred dollars". After debate the amendment moved by Mr. Sherburne was rejected. Mr. Harriman of New Bedford moved that the report be amended by striking out the words "at the end of each month", and inserting in place thereof the words "in equal instalments on the first and fifteenth of each month". After further debate the amendments moved by Messrs. Brown and Harriman were severally rejected. Mr. Lane of Boston moved that the report be amended by striking out all after the words "entitled to be paid", and in- serting in place thereof the words "seven hundred and fifty dollars on the day the Convention adjourns"; and this amend- ment was rejected. The report of the committee was then accepted. Resolution reported by the committee on Elections, that District, Joseph M. Sullivan of Boston be declared a duly elected member ledt of the Constitutional Convention from the Fourth Suffolk Repre- sentative District (see Doc. No. 133), was adopted. Committee Vacancy Filled. ^iSp^cgv- The President announced the appointment of Mr. 'Lincoln eminent, Bryant of Milton to fill the vacancy in the membership of the committee on Municipal Government. At fifteen minutes after three o'clock, on motion of Mr. Edwin U. Curtis of Boston, the Convention adjourned, to meet on Tuesday, July 10, at two o'clock P.M. TUESDAY, JULY 10, 1917. 79 TUESDAY, July 10, 1917. Met according to adjournment, at two o'clock P.M. Prayer was offered by Rev. Francis E. Webster of Waltham, a member of the Convention. Qualification of a Member. Mr. Joseph M. Sullivan of Boston, member-elect from the Qualification Fourth Suffolk Representative District, being present, the oaths of qualification were administered by the President of the Con- Boston, vention, and were duly taken and subscribed by Mr. Sullivan. The President announced the appointment of Mr. Sullivan to fill the vacancy in the membership of the committee on the Liquor Traffic. Printing of Bulletins of Information. The following order, offered by Mr. Newton of Everett, was read : Ordered, That the supplementary bulletin on biennial elections, "History of entitled "History of the Movement for Biennials in Massachu- setts", prepared by the commission appointed to compile infor- i mation and data for the Convention, be printed as a Convention s document. Mr. Newton moved a suspension of the provision of the stand- ' ing order requiring that this order be referred to the committee on Rules and Procedure. The motion prevailed; and after debate the order was adopted. (See Doc. No. 355.) The following order, offered by Mr. Harriman of New Bedford, was read: Ordered, That the bulletin on "Jury Trials in Injunction Con- "jury Trials tempt Cases", prepared by the commission appointed to compile c^SoSS? 011 information and data for the Convention, be printed as a Con- Cases". vention document. Mr. Harriman moved a suspension of the provision of the standing order requiring 'that this order be referred to the com- mittee on Rules and Procedure. After debate the motion pre- vailed. The consideration of the order was then postponed until the next session, at the request of Mr. Pillsbury of Wellesley. Addresses on the Initiative and Referendum. The following order, offered by Mr. Shaw of Revere, was read : Ordered, That the Convention request Dr. A. Lawrence Lowell, President of Harvard University, and Hon. William Jennings Bryan each to address the Convention on the subject of the 80 JOURNAL OF THE CONVENTION, Committee of the Whole, docket. initiative and referendum on a date at their convenience to be fixed by the President of the Convention. Mr. Underbill of Somerville moved that the order be amended by inserting after the name "William Jennings Bryan" the words "and James F. Carey of Haverhill"; and this amend- ment, after debate, was rejected. Mr. Edwin U. Curtis of Boston then moved that the further consideration of the order be indefinitely postponed; and this motion was adopted. Docket for the Committee of the Whole. On motion of Mr. Luce of Waltham, Ordered, That the Secretary prepare a docket for the Commit- tee of the Whole, in which reports of committees shall be ar- ranged as nearly as possible in the order in which the topics involved are found in the Constitution, with such grouping of kindred subjects as may be practicable. Committee on Form and Phraseology, "Legislature" and "Supreme Court." "Legislature" and "Supreme Court". On motion of Mr. Pillsbury of Wellesley, Ordered, That the committee on Form and Phraseology con- sider the expediency of substituting for the words "General Court", wherever they occur in the Constitution, the word "Legislature", and for the words "Supreme Judicial Court", wherever they occur therein, the words "Supreme Court". Opinion of the Justices of the Supreme Judicial Court, amendment of the Constitution. Opinion of the Justices of the Supreme Judicial Court. The consideration of the following order, offered by Mr. Ben- nett of Saugus, was postponed until the next session, at the re- quest of Mr. Lomasney of Boston: Whereas, The War for the Union was fought by the Northern States upon the theory that the American Constitution was a permanent contract, unalterable except upon terms expressed in the contract itself; therefore be it Ordered, That the Justices of the Supreme Judicial Court are requested to explain as promptly as possible to the Convention why the Constitution of The Commonwealth of Massachusetts is not a similarly permanent contract, to be amended only upon the terms provided therein; and Whereas, It is a recognized principle of legislation that the statute of latest date repeals all previous acts or parts of acts inconsistent therewith; therefore be it Ordered, That the Justices are requested further to explain whether or not Amendment IX, providing for a two-thirds vote in two successive legislatures as a condition precedent to any amendment of our Constitution, forfeits or surrenders or repeals any previous method of amendment; and be it further Ordered, That the Justices are requested to state whether an inherent right exists and has always existed on the part of a bare majority of the citizens voting at any election duly called for the purpose to disregard all existing provisions for more than a ma- TUESDAY, JULY 10, 1917. 81 jority vote in changing any portion of the Constitution, in other words, have the people of The Commonwealth of Massa- chusetts any right under the existing Constitution to provide for such deliberations and safeguards as shall protect a minority of its citizens against hasty and tyrannous action by a temporary majority in amending the Constitution? Petitions. Petitions were severally presented and referred as follows: - By Mr. Adams of Quincy, petition of the Rand Class of the Public appro- First Baptist Church of Wollaston; by Mr. Merriam of Fram- gjJSJ^f ingham, petition of the First Baptist Church in Framingham; certain by Mr. Pillsbury of Wellesley, petition of the Baptist Church ir of West Medway; by Mr. Tatman of Worcester, petition of the First Finnish Congregational Church of Worcester; by Mr. Turner of Fall River, petition of the Men's Class of Union Methodist Episcopal Church of Fall River; and by Mr. Wash- burn of Middleborough, petition of the men's Bible classes of the Central Methodist Episcopal Church of Middleborough, - severally in support of the Resolution to prohibit the support of sectarian institutions from public funds (Doc. No. 66) and pro- testing against the substitution of any amendment prohibiting appropriations of public money to private institutions. Severally to the committee on Bill of Rights. Changes in Committee References. Mr. Richardson of Newton, for the committee on Amendment Constitutional and Codification of the Constitution, reported asking to be dis- ^!^ ent8 ' charged from the further consideration of the Resolution to pro- adoption, vide for the direct adoption of constitutional amendments by referendum to the people (Doc. No. 134), and recommending that the same be referred to the committee on Initiative and Referen- dum. Mr. Reidy of Boston, for the committee on The General Court, Public jiuis- reported asking to be discharged from the further consideration of regulation. the Resolution relative to the power of the General Court to regulate smells, sights and sounds and the construction of build- ings (Doc. No. 182), and recommending that the same be referred to the committee on Social Welfare. Mr. Charles P. Curtis, Jr., of Boston, for the committee on Munic- Municipal ipal Government, reported asking to be discharged from the further JSSJSonrf ~~ consideration of so much of the Resolution providing for home property. rule for cities and towns (Doc. No. 99) as relates to the power of municipalities to "classify property for taxation at varying rates" and to "exempt any class of property from taxation" (lines 20 and 21), and from the further consideration of so much of the Resolution to provide for a larger measure of home rule for cities and towns (Doc. No. 100) as relates to the power of municipali- ties "to exempt classes of property from taxation" (lines 6 and 7), and recommending that the same be referred to the com- mittee on Taxation. 82 JOURNAL OF THE CONVENTION, Municipal rule, home- steads and of life. Pensions for the aged and needy, special tax. State fire insurance fund. Workmen's compensation, state fund. Public welfare. The same member, for the same committee, reported asking to be discharged from the further consideration of so much of the Resolution to provide for a larger measure of home rule for cities and towns (Doc. No. 100) as relates to the power of municipali- ties "to acquire land for homes for its citizens, and to hold, im- prove, subdivide, sell, lease, rent, or build upon the same, to maintain a sufficient supply of food, shelter and other necessities of life at reasonable cost, or do any lawful act intended ulti- mately to promote the general welfare notwithstanding that the primary effect of such act may benefit individuals" (lines 7 to 14), and recommending that the same be referred to the com- mittee on Public Affairs. Mr. Washburn of Worcester, for the committee on Social Insur- ance, reported asking to be discharged from the further considera- tion of the Resolution for a special tax to provide pensions for the aged and needy (Doc. No. 52), and recommending that the same be referred to the committee on Taxation. The same member, for the same committee, reported asking to be discharged from the further consideration of the Resolution rela- tive to creating a state fire insurance fund (Doc. No. 108), and recommending that the same be referred to the committee on Public Affairs. Mr. Weekes of Harwich, for the committee on Social Welfare, reported asking to be discharged from the further consideration of the Resolution providing for a state fund for workmen's com- pensation (Doc. No. 54), and recommending that the same be referred to the committee on Social Insurance. The same member, for the same committee, reported asking to be discharged from the further consideration of the Resolution relative to the protection and welfare of employees (Doc. No. 115), and of the Resolution authorizing the General Court to enact laws to promote the health, safety, morals or welfare of the people (Doc. No. 117), and recommending that the same be referred to the committee on Labor. The reports were severally read and accepted; and accordingly the resolutions were referred as recommended. Trial by jury. Credentials of members of the Conven- tion. Reports of Committees. By Mr. Bassett of Taunton, for the committee on Judicial Procedure, to whom was referred the Resolution for the regu- lation of trial by jury (Doc. No. 46), that the proponent of the resolution desires to withdraw the same and the committee is unanimously of the opinion that his request should be complied with, and that it is inexpedient to take any further action thereon. The report was read; and it was considered forthwith and was accepted. . By Mr. White of North Brookfield, for the committee on Elec- tions, no action necessary, on the communication from Timothy L. Connolly of Boston requesting the Convention to appoint a committee on Credentials and that opportunity be given for appearance before said committee to protest against the holding of seats by certain members of the Convention. TUESDAY, JULY 10, 1917. 83 The report (Doc. No. 303) was read; and it was placed in the Orders of the Day for the next session. By Mr. Hart of Cambridge, for the committee on Amendment and Codification of the Constitution, that the order referred to said committee on June 19 ought to be adopted in the following new draft [Messrs. Thompson of Haverhill, Horgan of Boston and Creed of Boston dissenting] : . Ordered, (1) That the work of the -Massachusetts Constitu- Submission to tional Convention shall take the form of a main constitution and of a series of separate amendments, to be designated by the Convention; (2) That the main constitution shall be based upon the present Constitution and the amendments now in force, which shall be consolidated and arranged, as amended, in proper sub- divisions under appropriate titles, omitting all articles, clauses and words not in force, and making no other changes in the provisions, and no substantive changes in the language thereof; (3) That the main constitution, consolidated and arranged as aforesaid, and the separate amendments shall be submitted to a vote of the people in such form that the main constitution and each of the separate amendments shall be voted upon separately; (4) That, in case the main constitution should not be adopted, those separate amendments that shall be adopted each for itself shall become amendments and parts of the present Constitution. The report was read; and the order was placed in the Orders of the Day for the next session. By Mr. Webster of Waltham, for the committee on Bill of Rights, leave to withdraw, on the petition of J. M. Foster, Constitution. accompanied by Resolution relative to the preamble to the Con- stitution (Doc. No. 144). By Mr. Hobbs of Worcester, for the committee on Public p u biicutiii- Affairs, leave to withdraw, on the petition of the Massachusetts ~i State Branch of the American Federation of Labor, accompanied by Resolution providing for state, county and municipal owner- ship of public utilities (Doc. No. 245). The reports were severally read; and the petitions were referred, under the rule, to the Committee of the Whole. By Mr. Merrill of Gloucester, for the committee on Bill of Rights, that the Resolution providing for an amendment of the Constitution. preamble of the Constitution (Doc. No. 21) ought not to pass. By the same member, for the same committee, that the Reso- lution providing that the rights of individuals shall not prevent Rights of public authorities from controlling business enterprises in the JJjJS business interest of public welfare (Doc. No. 22) ought not to pass. enterprises. By Mr. Swig of Taunton, for the same committee, that the Business and Resolution to prohibit discrimination on account of sex in con- ^SSSSi- nection with business and professions (Doc. No. 68) ought not nation. to pass. By Mr. Doe of Franklin, for the same committee, that the private prop : Resolution relative to the use of private property for publi urposes (Doc. No. 142) ought not to pass. 84 JOURNAL OF THE CONVENTION, Vocational, trade and textile schools. Legislative recess com- mittees and commissions. Representa- tives, appor- tionment. Members of the General Court, ap- portionment. Senators, apportion- ment. Id. Capital punishment. Office of notary public. Office of justice of the peace. Courts, unconstitu- tionally of statutes. Lord's Day sports, municipal control. Public utili- ties, munic- ipal control. Grants, franchises, etc., revo- cation. Special privileges. Food in cold storage, publicity, Gas and electric plants, municipal ownership. By Mr. William H. Sullivan of Boston, for the same com- mittee, that the Resolution relative to appropriations for voca- tional, trade and textile schools (Doc. No. 148) ought not to pass. By Mr. Kinney of Boston, for the committee on The General Court, that the Resolution relative to service on certain legis- lative recess committees and commissions (Doc. No. 5) ought not to pass. By Mr. Tatman of Worcester, for the same committee, that the Resolution to provide that the apportionment of Represent- atives be based upon population (Doc. No. 79) ought not to pass. By Mr. Quinn of Sharon, for the same committee, that the Resolution relative to the apportionment of members of the General Court (Doc. No. 85) ought not to pass. By Mr. Crosby of Arlington, for the same committee, that the Resolution to provide that the apportionment of Senators be based upon population (Doc. No. 80) ought not to pass. By Mr. Moran of Fall River, for the same committee, that the Resolution relative to the arrangement of districts for the elec- tion of members of the Senate (Doc. No. 170) ought not to pass. By Mr. Williams of Brookline, for the committee on the Judiciary, that the Resolution relative to capital punishment (Doc. No. 31) ought not to pass. By Mr. Burns of Pittsfield, for the same committee, that the Resolution to abolish the office of notary public as an office under the Constitution (Doc. No. 32) ought not to pass. By the same member, for the same committee, that the Reso- lution to abolish the office of justice of the peace as an office under the Constitution (Doc. No. 33) ought not to pass. By Mr. Montague of Boston, for the same committee, that the Resolution limiting the power of the courts to declare statutes to be unconstitutional (Doc. No. 47) ought not to pass. By Mr. Bryant of Milton, for the committee on Municipal Government, that the Resolution relative to granting power to cities and towns to authorize athletic contests on the Lord's Day (Doc. No. 225) ought not to pass. By Mr. Hobbs of Worcester, for the committee on Public Affairs, that the Resolution relative to empowering cities and towns to acquire, own and operate public utilities (Doc. No. 101) ought not to pass. By the same member, for the same committee, that the Reso- lution relative to the revocation or alteration . of grants, fran- chises, privileges or immunities (Doc. No. 103) ought not to pass [Mr. Anderson of Brookline dissenting]. By the same member, for the same committee, that the Reso- lution relative to prohibiting the granting of special privileges to individuals, corporations or associations (Doc. No. 105) ought not to pass. By the same member, for the same committee, that the Reso- lution requiring publicity as to food kept in cold storage (Doc. No. 106) ought not to pass. By the same member, for the same committee, that the Reso- lution to provide for municipal ownership of plants for the manufacture, use and sale of gas and electricity (Doc. No. 241) ought not to pass. TUESDAY, JULY 10, 1917. 85 By the same member, for the same committee, that the Reso- Public utiii- lution to provide for public ownership of all public utilities and poweraf ater for the conservation of the water powers of the Commonwealth public owner- (Doc. No. 242) ought not to pass. By the same member, for the same committee, that the Reso- id. lution to provide for the ownership, purchase and operation of public utilities (Doc. No. 243) ought not to pass. By the same member, for the same committee, that the Reso- id. lution to authorize the taking of public utilities or any part or parts thereof (Doc. No. 244) ought not to pass. By the same member, for the same committee, that the Reso- street raii- lution relative to the public ownership and operation of street railways (Doc. No. 246) ought not to pass. By the same member, for the same committee, that the Reso- Franchises, lution relative to prohibiting the granting of franchises for terms - longer terms than fifty years (Doc. No. 249) ought not to pass. By the same member, for the same committee, that the Reso- id. lution relative to limiting the granting of franchises to terms of twenty-five years (Doc. No. 250) ought not to pass. By Mr. Buttrick of Lancaster, for the committee on Suffrage, Qualifications that the Resolution reducing the limit of time required as a of voters - qualification for registration and voting (Doc. No. 127) ought not to pass. By Mr. Ferry of Northbridge, for the same committee, that the Resolution relative to ascertaining the qualifications of candidates for offices to be voted for by the people (Doc. No. 129) ought not to pass. By Mr. Cooney of Peabody, for the same committee, that the Counting of Resolution relative to the counting of ballots cast at elections baUots - (Doc. No. 281) ought not to pass. By Mr. Wing of Dartmouth, for the same committee, that the Municipal^ Resolution relative to applying all laws and legal provisions feSfpro- governing the election of state officers to the election of all visions, municipal officers (Doc. No. 283) ought not to pass. By Mr. Aylward of Cambridge, for the same committee, that %& prac ' the Resolution relative to corrupt practices in elections (Doc. elections. No. 285) ought not to pass. By Mr. Corrigan of Natick, for the same committee, that the Primaries and Resolution relative to prohibiting the use of party designations e in certain primaries and elections (Doc. No. 288) ought not to pass. The reports were severally read; and the resolutions were re- Irred, under the rule, to the Committee of the Whole. Adjournment and Hour of Meeting. Mr. Luce of Waltham moved that, when the Convention ad- journs to-day, it adjourn to. meet on Tuesday next at one o'clock juiy"^ P.M. Mr. Sullivan of Lawrence moved that, when the Convention adjourns to-day, it adjourn to meet on Thursday next at two o'clock P.M. 86 JOURNAL OF THE CONVENTION, After debate the question was put on the motion of Mr. Luce, that motion having precedence under the rule, and the same prevailed. At eight minutes after three o'clock, on motion of Mr. Brown of Brockton, the Convention adjourned, to meet on Tuesday, July 17, at one o'clock P.M. TUESDAY, JULY 17, 1917. 87 TUESDAY, July 17, 1917. Met according to adjournment, at one o'clock P.M. Prayer was offered by Rev. David Fraser of Somerville, for- merly Chaplain of the New Hampshire House of Representatives. Leave of Absence. On motion of Mr. Stearns of Cambridge, Voted, That Mr. Benton of Belmont be granted leave of ab- Everett c. sence, under Rule 13, because of illness. Benton. Adjournment and Hour of Meeting. On motion of Mr. Whipple of Brookline, Voted, That, when the Convention adjourns to-day, it adjourn Next session. to meet to-morrow at two o'clock P.M. Compensation of Joseph M. Sullivan. On motion of Mr. Curtis of Revere, Ordered, That the Secretary make up the pay-roll for the trav- Joseph M elling expenses of Joseph M. Sullivan of Boston; and that the Sullivan. compensation of Mr. Sullivan for attendance be allowed from the beginning of the Convention. Compensation of Members of the Convention. Mr. Curtis of Revere, for the committee on Contingent Ex- penses and Pay-Roll, who were instructed, on June 20, to deter- mine and report the manner in which compensation shall be paid to the members^ reported, in part, recommending the adoption of the following order, to supersede the order now in force: Ordered, That the delegates to the Constitutional Convention Compensation be paid $200 for the month of July, and thereafter $150 per of members - month, provided that the full compensation for each delegate shall not exceed $750 for the full term of the Convention. The report was read; and the order was considered forthwith d was adopted. Extension of Time for Certain Reports. On motion of Mr. Luce of Waltham, Ordered, That the committees on Amendment and Codification Reports of of the Constitution, County and District Government and Municipal Government (sitting jointly), the Executive, Form and time. Phraseology, The General Court, Initiative and Referendum, the Judiciary, Labor, Labor and Judicial Procedure (sitting jointly), Municipal Government, Public Affairs, Social Welfare, State Administration, State Administration and the Executive (sitting jointly), State Finance, and Taxation be granted until Tuesday, July 24, in which to report on matters referred to them. 88 JOURNAL OF THE CONVENTION, Jasper N. Johnson of Medford, claim for a seat in the Convention. Patrick H. Jennings, claim for a seat in the Convention. Claims for Seats in the Convention. The following reports were severally read; and they were placed in the Orders of the Day for the next session : - By Mr. George of Haverhill, for the committee on Elections, no action necessary, on the communication from Jasper N. John- son of Medford claiming to have been elected to membership in the Convention from the Twenty-fifth Middlesex Representative District. (Doc. No. 328.) By Mr. Dean of Fall River, for the same committee, leave to withdraw, on the communication from Patrick H. Jennings of Boston claiming election as delegate at large and asking for an examination and recount of all ballots cast for delegates at large [Messrs. Perry of Boston, Green of Boston, Timothy J. Driscoll of Boston and Peterson of Brockton dissenting]. (Doc. No. 329.) On motion of Mr. Dennis D. Driscoll of Boston the views of the minority of the committee were ordered printed with the report. Rights of working men and women. Council, abolition. Casualty insurance com- panies, liability. Cities and towns, granting of credit. Bond issues. Changes in Committee References. Mr. Barnes of Wey mouth, for the committee on Bill of Rights, reported asking to be discharged from the further consideration of the Resolution relative to the right to labor and to enjoy the fruits thereof (Doc. No. 146), and of the Resolution provid- ing for a clearer declaration of certain rights of working men and women (Doc. No. 150), and recommending that the same be referred to the committees on Labor and Judicial Procedure, sit- ting jointly. Mr. Quincy of Boston, for the committee on the Executive, reported asking to be discharged from the further consideration of the Resolution providing for the abolition of the Council (Doc. No. 162), of the Resolution providing for the abolition of the Council and the transfer of its powers and duties to the Senate (Doc. No. 163), and of the Resolution to provide for the abolition of the Council (Doc. No. 164), and recommending that the same be referred to the committees on State Administration and the Executive, sitting jointly. Mr. A very of Holyoke, for the committee on Social Insurance, reported asking to be discharged from the further consideration of the Resolution to empower the General Court to make abso- lute the liabilities of casualty insurance companies to persons injured by accident (Doc. No. 256), and recommending that the same be referred to the committee on Public Affairs. Mr. Dellinger of Wakefield, for the committee on State Finance, reported asking to be discharged from the further consideration of so much of the Resolution relative to granting the credit of the Commonwealth or its sub-divisions (Doc. No. 278) as relates to cities and towns, and recommending that the same be referred to the committee on Municipal Government. Mr. Finn of Chelsea, for the committee on State Finance, re- ported asking to be discharged from the further consideration of so much of the Resolution relative to the manner in which the General Court may authorize the issuance of bonds (I}oc. No. 279) as relates to the issuance of bonds by any city, town or other civil TUESDAY, JULY 17, 1917. 89 division, and recommending that the same be referred to the committees on County and District Government and Municipal Government, sitting jointly. The reports were severally read and accepted; and accordingly the resolutions and parts of resolutions were referred as recom- mended. Reports of Committees. The Secretary proceeded to the reading of reports of committees on proposals to amend the Constitution; whereupon, on motion of Mr. Luce of Waltham, Voted, That the reading of the reports be dispensed with, and Reports of that the resolutions, petitions and other proposals be referred to comnuttees - the Committee of the Whole without the reading of titles. The reports were as follows: By Mr. Richardson of Newton, for the committee on Amend- Future con- ment and Codification of the Constitution, on resolutions Nos. inventions 63, 65 (in part), 139, 140 and 141, a Resolution to provide for the calling and holding of future constitutional conventions (Doc. No. 304) [Messrs. Bolster of Boston, Horgan of Boston and Creed of Boston dissenting]. By Mr. Washburn of Middleborough, for the same committee, General Court, on resolutions Nos. 64, 65 (in part), 135 and 138, a Resolution SSSSo * 1 " to provide for the proposal of future amendments to the Con- amendments. stitution by the General Court (Doc. No. 305) [Messrs. Bolster / of Boston and Thompson of Haverhill dissenting]. By Mr. Edwin U. Curtis of Boston, for the committee on Bill Public funds, of Rights, on resolutions Nos. 2, 20, 66 and 145, and on various ^rtefifSsti- petitions in aid and remonstrances, a Resolution relative to the tutions - support of certain institutions from public funds (Doc. No. 306) [Mr. Anderson of Newton dissenting]. On motion of Mr. Anderson the views of the minority were ordered printed (Doc. No. 307). By Mr. William H. Sullivan of Boston, for the same com- special privi- mittee, that the Resolution to prevent the granting of special J5ftinction lass privileges and creating class distinction among the people of this (limited Commonwealth (Doc. No. 67) ought to pass in a new draft with pen the same title (Doc. No. 308) [Messrs. Edwin U. Curtis of Boston, Coolidge of Milton, Barnes of Weymouth, Anderson of Newton, Pelletier of Boston and Walcott of Cambridge dissenting]. By Mr. Coombs of Worcester, for the committee on Educa- Universities tion, on resolutions Nos. 24, 73 and 157, and on a petition ac- JSoouragSnent companied by resolution No. 158, a Resolution relative to uni- of literature, versities and colleges and to the encouragement of literature (Doc. No. 309). Mr. Gates of Westborough, for the committee on the Execu- Police power, tive, to whom was referred the Resolution relative to extending ^Supreme the application of the decisions of the Supreme Judicial Court as Judicial Court. to the police power, so called (Doc. No. 3), reported the same without recommendation. By Mr. Lufkin of Essex, for the same committee, on resolu- Pardoning tions Nos. 77 and 160, a Resolution relative to the pardoning ** power (Doc. No. 310). By Mr. Quincyof Boston, for the same committee, on resolutions Governor, Nos. 74, 76, 78, 165 and 166, a Resolution relative to the powers and responsibilities of the office of Governor (Doc. No. 311). 90 JOUKNAL OF THE CONVENTION, General Court, adjourn- ments. Judicial power, distribution and exercise. Id. Women, appointment as notaries public. Intoxicating liquors, prohibition. Officers of the militia, selection. Militia, powers of Commander- in-Chief and General Court. Necessities of life, acquirement, sale and dis- tribution. State insur- ance. Homes for citizens. Natural re- sources, public interest. Historical and antiquarian property, preservation. By Mr. Luce of Waltham, for the committee on The General Court, that the Resolution relative to adjournments of the Gen- eral Court (Doc. No. 83) ought to pass in a new draft with the same title (Doc. No. 312). By Mr. Pillsbury of Wellesley, for the committee on Judicial Procedure, that the Resolution relative to the authority of the Supreme Judicial Court to prescribe method of procedure (Doc. No. 188) ought to pass in a new draft entitled "Resolution rela- tive to the distribution and exercise of the judicial power" (Doc. No. 313). By the same member, for the same committee, under the pro- visions of Rule 25, a Resolution relating to the distribution and exercise of the judicial power (Doc. No. 314). By Mr. Morton of Fall River, for the committee on the Judiciary, on resolutions Nos. 92 and 214, a Resolution provid- ing that women shall be eligible to appointment as notaries public (Doc. No. 315). By Mr. Underhill of Somerville, for the committee on the Liquor Traffic, on resolutions Nos. 50 and 98, a Resolution relative to the prohibition of the manufacture, sale, keeping for sale, importation, transportation and exportation of intoxicating liquors (Doc. No. 98) [Messrs. Lane of Boston, Moriarty of Boston, Mitchell of Springfield, James H. Brennan of Boston and Joseph M. Sullivan of Boston dissenting]. By Mr. Walker of New Bedford, for the committee on Mili- tary Affairs, under the provisions of Rule 25, a Resolution rela- tive to the selection of officers of the militia (Doc. No. 316) [Mr. Newhall of Stoneham dissenting]. By Mr. Bouve of Hingham, for the same committee, under the provisions of Rule 25, a Resolution relative to the powers of the Commander-in-Chief and of the General Court in matters con- cerning the militia (Doc. No. 317) [Mr. Newhall of Stoneham dissenting]. By Mr. Anderson of Brookline, for the committee on Public Affairs, on resolutions Nos. 9, 10, 11, 51, 102, 104, 232, 233, 234, 235, 238, 239 and 240, a Resolution to authorize the enactment of laws governing the acquirement, sale and distribution of the necessities of life (Doc. No. 318). By the same member, for the same committee, that the Reso- lution relative to creating a state fire insurance fund (Doc. No. 108) ought to pass in a new draft entitled " Resolution to provide for state insurance " (Doc. No. 319). By the same member, for the same committee, on a part of resolution No. 100, on resolution No. 236, and on a petition ac- companied by resolution No. 237, a Resolution to extend the power of the Commonwealth to provide homes for citizens (Doc. No. 320). By the same member, for the same committee, that the Resolu- tion defining private property title to natural resources (Doc. No. 231) ought to pass in a new draft entitled "Resolution rela- tive to the public interest in natural resources" (Doc. No. 321). By the same member, for the same committee, that the Resolu- tion relative to preserving property of historical or antiquarian interest (Doc. No. 247) ought to pass in a new draft entitled TUESDAY, JULY 17, 1917. 91 "Resolution relative to the preservation and maintenance of property of historical and antiquarian interest" (Doc. No. 322). Mr. Washburn of Worcester, for the committee on Social ? cial Insurance, on resolutions Nos. 12, 13, 35, 36, 37, 38, 39, 54, 107, " 109, 110, 111, 112, 113, 251, 252, 253, 254, 257 and 259, and on petitions accompanied by resolutions Nos. 255 and 258, re- ported submitting certain conclusions and resolutions [Mr. Bod- fish of Barnstable dissenting] (Doc. No. 327). On motion of Mr. Bodfish the views of the minority were ordered printed with the report. By Mr. Brackett of Arlington, for the committee on Social Employees, Welfare, on a petition accompanied by resolution No. 261, a ?n seven? Resolution authorizing the General Court to enact laws estab- lishing one day's rest in seven for employees (Doc. No. 323) [Mr. Flaherty of Boston dissenting]. By the same member, for the same committee, that the Resolu- Homes for tion authorizing cities and towns to take land for providing homes citizens - for citizens (Doc. No. 114) ought to pass in a new draft entitled "Resolution empowering the General Court to authorize cities and towns to take land for providing homes for citizens" (Doc. No. 324). By Mr. Parkman of Boston, for the committee on State state credit Finance, on resolution No. 124, and on so much of resolutions debt state Nos. 278 and 279 as was referred to said committee, a Resolution relative to loaning the credit of the Commonwealth and the con- tracting of state debt (Doc. No. 326). By the same member, for the same committee, on resolutions state budget; Nos. 57, 275, 276, 277 and 280, a Resolution^ providing for a SSffk 01 state budget and the veto by the Governor of items or parts of appropriation items in appropriation bills (Doc. No. 325) [Messrs. Ferrey of Pittsfield, Lowe of Fitchburg, Dellinger of Wakefield, Theller of New Bedford and Finn of Chelsea dissenting from so much as allows the General Court to increase or add items]. By Mr. Buttrick of Lancaster, for the committee on Suffrage, Absentee on resolutions Nos. 42, 58, 125 and 289, a Resolution to provide voting< for absentee voting (Doc. No. 58). By Mr. Pelletier of Boston, for the committee on Bill of Rights, Poor debtors, who were directed under an order adopted June 26 to "consider j and report on the subject of further protection in the Bill of Rights against unjust and oppressive imprisonment of poor debtors", that no action is necessary thereon. By Mr. Merriam of Framingham, for the committee on the Prompt Judiciary, who were directed under an order adopted June 21 ia edyin to "consider the expediency of so revising the Constitution as to give efficacy to the eleventh article of the Declaration of Rights, granting the subject a certain remedy in law, promptly and without delay", that it is inexpedient to amend this pro- vision. By the same member, for the same committee, to whom was judges, referred the Resolution providing for the appointment, removal and retirement of judges and their tenure of office (Doc. No. 96), that the same be withdrawn at the request of the proponent. By Mr. Anderson of Newton, for the committee on Bill of e Rights, leave to withdraw, on the petition of Frank Ernest R U i e e JOURNAL OF THE CONVENTION, Judges, election. Industrial rights and social justice. Certain institutions, inspection. Accused persons, right to stand mute. Id. Law of the land. Rights of the people. Liberty of speech and of the press. Right to trial by jury. Free exercise of religion. Council, duties of county com- missioners. District attorneys, appointment. Woodward and others, accompanied by Resolution providing for the recognition in the Bill of Rights of the Golden Rule as an indispensable element of the social and civic welfare of the people (Doc. No. 152). By Mr. Morton of Fall River, for the committee on the Judiciary, leave to withdraw, on the petition of the Massachu- setts State Branch of the American Federation of Labor, ac- companied by Resolution providing a method for the election of judges (Doc. No. 199). By Mr. Hobbs of Worcester, for the committee on Public Affairs, leave to withdraw, on the petition of Conrad Reno, accompanied by Resolution relative to industrial rights and so- cial justice (Doc. No. 248). By Mr. Dutch of Winchester, for the committee on State Administration, leave to withdraw, on the petition of Susan E. Stevens, accompanied by Resolution relative to the inspection of certain public and private institutions (Doc. No. 263). By Mr. Lomasney of Boston, for the committee on Bill of Rights, that the Resolution relative to removing privilege of ac- cused to stand mute (Doc. No. 69) ought not to pass. By the same member, for the same committee, that the Resolu- tion relative to removing privilege of accused to stand mute with- out comment by court, jury or counsel (Doc. No. 70) ought not to pass [Mr. Walcott of Cambridge dissenting]. On motion of Mr. Walcott the views of the minority were ordered printed (Doc. No. 330). By Mr. William H. Sullivan of Boston, for the same commit- tee, that the Resolution relative to the law of the land (Doc. No. 143) ought not to pass [Messrs. Anderson of Newton, Swig of Taunton, W r alcott of Cambridge and Merrill of Gloucester dis- senting]. By Mr. Barnes of Weymouth, for the same committee, that the Resolution providing that the enumeration of rights shall not impair or deny other rights of the people (Doc. No. 147) ought not to pass. By Mr. Walcott of Cambridge, for the same committee, that the Resolution relative to the liberty of speech and of the press and of all important recognized media of thought transmission utilized to affect public opinion (Doc. No. 149) ought not to pass. By Mr. Merrill of Gloucester, for the same committee, that the Resolution relative to the right to trial by jury (Doc. No. 151) ought not to pass. By Mr. Stoeber of Adams, for the same committee, that the Resolution relative to the free exercise of religion (Doc. No. 153) ought not to pass. By Mr. Jones of Melrose, for the committee on County and District Government, that the Resolution relative to giving the Council the powers and duties of county commissioners (Doc. No. 23) ought not to pass. By Mr. Mancovitz of Boston, for the same committee, that the Resolution providing for the appointment of district attor- neys (Doc. No. 48) ought not to pass [Mr. Howard of Reading dissenting]. TUESDAY, JULY 17, 1917. 93 By Mr. Ballantyne of Boston, for the same committee, that Certain the Resolution relative to the manner of choice of district Ers,- attorneys, clerks of courts, registers of probate and sheriffs appointment. (Doc. No. 71) ought not to pass. By Mr. Lyman of Easthampton, for the same committee, that id. the Resolution relative to appointment by the Governor of certain county officials (Doc. No. 154) ought not to pass. By Mr. Jones of Melrose, for the same committee, that the office of Resolution relative to abolishing the office of county commis- . un . t y con ^ sioner (Doc. No. 155) ought not to pass. SSitSu*' By the same member, for the same committee, that the Reso- id. lution relative to the abolition of the office of county commis- sioner (Doc. No. 156) ought not to pass. By Mr. Coombs of Worcester, for the committee on Educa- school tion, that the Resolution relative to leave of absence with pay J^J 61 * 1 ^" for teachers in the public schools (Doc. No. 72) ought not to pass. wft?p se By Mr. Love of Webster, for the committee on the Executive, Councillors, - that the Resolution relative to the appointment of Councillors by a pp in tment. the Governor (Doc. No. 4) ought not to pass. By Mr. Nutting of Leominster, for the same committee, that Elected the Resolution relative to empowering the Governor to remove jSStSiby from office certain officials elected by the people (Doc. No. 75) ^e Governor. ought not to pass. By Mr. Boyer of Lynn, for the same committee, that the id. Resolution relative to the removal of certain elected officers (Doc. No. 167) ought not to pass. By Mr. Dale of Watertown, for the same committee, that the veto power of Resolution relative to abolishing the veto power of the Governor (Doc. No. 159) ought not to pass. By Mr. Gartland of Boston, for the committee on The General ^ r Court, that the Resolution relative to the apportionment of mem- mental bers of the General Court (Doc. No. 6) ought not to pass. By the same member, for the same committee, that the Reso- id. lution relative to the apportionment of members of the General Court (Doc. No. 169) ought not to pass. By Mr. Fisher of Westford, for the same committee, that the id. Resolution for proportional representation in the General Court (Doc. No. 45) ought not to pass [Mr. Morrill of Haverhill dis- senting]. By Mr. Reidy of Boston, for the same committee, that the id. Resolution providing for the election of members of the House of Representatives by a list system of proportional representation (Doc. No. 44) ought not to pass [Mr. Morrill of Haverhill dis- senting]. By Mr. Crosby of Arlington, for the same committee, that w. the Resolution relative to the establishment of districts for the election of Representatives to the General Court (Doc. No. 81) ought not to pass. By the same member, for the same committee, that the Reso- id. lution to provide for a more equitable method of establishing the districts for the election of Representatives to the General Court (Doc. No. 179) ought not to pass [Mr. Morrill of Haver- hill dissenting]. 94 JOURNAL OF THE CONVENTION, House of Representa- tives, apportionment of members. Senate, presiding officer. Id. Single legislative body. Id. Id. Senate of sixteen members. General Court, biennial General Court, limited sessions. Senate, negative on the House. General Court, power and authority. General Court, adjournment by the Gov- ernor. General Court, delegation of powers. General Court, volume of business; re- sponsibility. By Mr. Tatman of Worcester, for the same committee, that the Resolution to provide for a more equitable and proportional representation in the House of Representatives (Doc. No. 180) ought not to pass [Mr. Morrill of Haver hill dissenting]. By Mr. Quinn of Sharon, for the same committee, that the Resolution relative to the presidency of the Senate (Doc. No. 25) ought not to pass [Mr. Morrill of Haverhill dissenting]. By the same member, for the same committee, that the Resolu- tion providing that the Lieutenant-Governor shall preside over the Senate (Doc. No. 84) ought not to pass [Mr. Morrill of Haverhill dissenting]. By Mr. Gartland of Boston, for the same committee, that the Resolution to provide for a legislature of a single chamber of twenty-five members (Doc. No. 168) ought not to pass [Mr. Morrill of Haverhill dissenting]. By Mr. Kinney of Boston, for the same committee, that the Resolution relative to the abolition of the Senate (Doc. No. 174) ought not to pass [Mr. Morrill of Haverhill dissenting]. By the same member, for the same committee, that the Reso- lution relative to abolishing the Senate and to establishing a single legislative body (Doc. No. 176) ought not to pass [Mr. Morrill of Haverhill dissenting]. By Mr. Giddings of Great Barrington, for the same committee, that the Resolution providing that the Senate shall consist of sixteen members elected from congressional districts (Doc. No. 177) ought not to pass. By the same member, for the same committee, that the Reso- lution relating to biennial sessions of the General Court (Doc. No. 26) ought not to pass. By Mr. Fisher of Westford, for the same committee, that so much of the Resolution providing for limited sessions of the Gen- eral Court and biennial elections of members thereof (Doc. No. 87) as was referred to said committee ought not to pass. By the same member, for the same committee, that the Resolu- tion relative to the negative of the Senate on the House of Repre- sentatives (Doc. No. 173) ought not to pass [Mr. Morrill of Haverhill dissenting]. By Mr. Reidy of Boston, for the same committee, that the Resolution defining the power and authority of the General Court (Doc. No. 82) ought not to pass [Mr. Morrill of Haverhill dissenting from so much as relates to quorum, to per diem com- pensation, to the right of citizens to propose legislation, and to hearings and reports of legislative committees]. By Mr. Gaylord of South Hadley, for the same committee, that the Resolution vesting in the Governor the right to adjourn or prorogue the General Court (Doc. No. 86) ought not to pass. By Mr. Morrill of Haverhill, for the same committee, that the Resolution relative to prohibiting the delegation of its powers by the General Court (Doc. No. 171) ought not to pass. By Mr. Moynihan of Boston, for the same committee, that the Resolution to limit the volume of business before the General Court and to fix individual responsibility for legislative action (Doc. No. 172) ought not to pass. TUESDAY, JULY 17, 1917. 95 By Mr. Malone of Greenfield, for the same committee, that the General Resolution relative to the organization of the General Court ^ n U izatio~n r ~ (Doc. No. 178) ought not to pass [Messrs. Luce of Waltham and Kinney of Boston dissenting]. By Mr. Smith of Provincetown, for the same committee, that Attomey- the Resolution to provide for the scrutiny of legislative bills by 2giativel>iiis. the Attorney-General (Doc. No. 175) ought not to pass. By Mr. Kenefick of Palmer, for the committee on Judicial ^edomlind Procedure, that the Resolution to provide for securing freedom ecTuauSo? and equality of justice in the courts of the Commonwealth to justice - all persons (Doc. No. 8) ought not to pass. By Mr. French of Randolph, for the same committee, that Challenge of the Resolution relative to the challenge of judge and jurors in jurors and civil causes (Doc. No. 28) ought not to pass. By the same member, for the same committee, that the Reso- id. lution relative to the challenge of judge and jurors in criminal causes (Doc. No. 29) ought not to pass. By Mr. Hutchings of Dedham, for the same committee, that ^. qi ^ ttal | nt of the Resolution relative to the payment of costs to those acquitted cost?. ym of the charge of crime (Doc. No. 89) ought not to pass. By Mr. Hibbard of Pittsfield, for the same committee, that Accused _ the Resolution relative to statements by persons accused of SKSntB. crimes or offenses (Doc. No. 90) ought not to pass. By Mr. MacMaster of Bridgewater, for the same committee, courts, that the Resolution relating to the rules of evidence in the trial e ^dence of causes in the courts of the Commonwealth (Doc. No. 189) ought not to pass. By Mr. Mitchell of New Bedford, for the same committee, issues of fact, that the Resolution to provide for the framing and submission by the court to the jury of issues of fact in equity proceedings J when requested by either party thereto (Doc. No. 190) ought not to pass. By Mr. Burns of Pittsfield, for the committee on the Judiciary, y that the Resolution relative to verdicts of juries in civil causes V (Doc. No. 49) ought not to pass. By Mr. Davis of Maiden, for the same committee, that the w. Resolution to provide that five-sixths of any jury in civil actions may render a valid verdict after twelve hours' deliberation (Doc. No. 203) ought not to pass. By Mr. Shea of Dalton, for the same committee, that the H. Resolution relative to permitting a verdict in civil actions by less than the whole number of jurors (Doc. No. 204) ought not to pass. By Mr. Maguire of Boston, for the same committee, that the M- Resolution relative to verdicts of juries in civil actions (Doc. No. 205) ought not to pass. By Mr. Cusick of Boston, for the same committee, that the id. Resolution relative to the verdicts of juries and to trial by jury in cases relating to workmen's compensation (Doc. No. 206) ought not to pass. By Mr. Costello of Boston, for the same committee, that the Resolution relative to the salaries of judicial officers (Doc. No. salaries'. 91) ought not to pass. 96 JOURNAL OF THE CONVENTION, United States constitutional amendments, popular referendum. Taking of land, right of eminent domain. Taking of land for public use. Judiciary, nullification of laws. Controversies concerning property, trial by jury. Trial by jury in all cases at law. Public defender. Id. Certain defendants, counsel. Minority of the Supreme Judicial Court, constitu- tionality of law. Governor, Council and General Court, judicial opinions. Clerks of courts, selection by the justices. Judicial officers, tenure of office. Id. Id. By Mr. Montague of Boston, for the same committee, that the Resolution to provide for the submission to the people of amendment or amendments to the Constitution of the United States before any action can be taken thereon by the General Court (Doc. No. 93) ought not to pass. By Mr. Dresser of Worcester, for the same committee, that the Resolution relative to the right of the Commonwealth to take or to authorize the taking of land by eminent domain (Doc. Xo. 94) ought not to pass. By the same member, for the same committee, that the Resolution providing that all takings of land by eminent domain shall be deemed a public use (Doc. No. 202) ought not to pass. By Mr. Merriam of Framingham, for the same committee, that the Resolution to prohibit the judiciary from nullifying or suspending laws (Doc. No. 97) ought not to pass. By Mr. Morton of Fall River, for the same committee, that the Resolution relating to trial by jury in all controversies con- cerning property (Doc. No. 207) ought not to pass. By Mr. Stoneman of Boston, for the same committee, that the Resolution relative to right of trial by jury in all cases at law (Doc. No. 208) ought not to pass. By Mr. Cusick of Boston, for the same committee, that the Resolution relative to establishing the office of public defender (Doc. No. 209) ought not to pass. By the same member, for the same committee, that the Reso- lution relative to the election of a public defender (Doc. No. 210) ought .not to pass. By the same member, for the same committee, that the Reso- lution relative to providing counsel for defendants charged with state prison offences (Doc. No. 211) ought not to pass. By Mr. Sullivan of Salem, for the same committee, that the Resolution enlarging the power of a minority of the Supreme Ju- dicial Court in construing the constitutionality of law (Doc. Xo. 212) ought not to pass. By Mr. Williams of Brookline, for the same committee, that the Resolution relative to the authority of the Governor, Coun- cil and General Court to request opinions of the Supreme Judi- cial Court (Doc. No. 213) ought not to pass. By Mr. Burns of Pittsfield, for the same committee, that the Resolution relative to the selection of clerks of courts by the justices thereof (Doc. No. 215) ought not to pass. By Mr. Wilson of Lowell, for the same committee, that the Resolution relative to the tenure of office of the judiciary (Doc. No. 191) ought not to pass. By Mr. Costello of Boston, for the same committee, that the Resolution relative to the appointment of judicial officers for a term of seven years (Doc. No. 192) ought not to pass. By Mr. Shea of Dalton, for the same committee, that the Resolution providing for the appointment of judges for specific terms (Doc. No. 193) ought not to pass [Mr. Maguire of Boston dissenting]. TUESDAY, JULY 17, 1917. 97 By Mr. Davis of Maiden, for the same committee, that the Judicial officers, Resolution relative to limiting the tenure of judicial officers to O ffi c 3 e lureof ten years (Doc. No. 194) ought not to pass. By Mr. Wilson of Lowell, for the same committee, that the Administrators Resolution providing for a supervisor or commissioner of adminis- ^Bu^enX^?' trators and executors (Doc. No. 195) ought not to pass. By Mr. Dresser of Worcester, for the same committee, that the Property for Resolution relative to the taking of property for public uses public uses - (Doc. No. 196) ought not to pass. By Mr. McAnarney of Quincy, for the same committee, that Judges, the Resolution relative to the election of judges (Doc. No. 95) election - ought not to pass. By Mr. Sullivan of Salem, for the same committee, that the id. Resolution relative to the election of judges by the people (Doc. No. 197) ought not to pass [Mr. Maguire of Boston dissenting]. By Mr. Stoneman of Boston, for the same committee, that the id. Resolution relative to authorizing the General Court to provide for the election of judges (Doc. No. 198) ought not to pass. By Mr. Williams of Brookline, for the same committee, that Judicial officers, the Resolution relating to the election and recall of judicial and^ecS officers (Doc. No. 200) ought not to pass [Mr. Maguire of Bos- ton dissenting]. By Mr. Bergengren of Lynn, for the committee on the Liquor Liquors con- Traffic, that the Resolution relative to prohibiting the manu- 1%J 5 e r re facture and sale of intoxicating liquors containing more than c ? nt h ? twenty-five per cent of alcohol (Doc. No. 221) ought not to a pass. By Mr. Bouve of Hingham, for the committee on Military Military Affairs, that the Resolution relating to the appointment of affairs - military officers, the numbers and organization of military forces and civil penalties to be inflicted by courts martial (Doc. No. 222) ought not to pass. By the same member, for the same committee, that the Reso- id. lution relative to the militia of the Commonwealth (Doc. No. 223) ought not to pass. By the same member, for the same committee, that the Reso- id. lution relative to the method of selecting and promoting officers in the militia (Doc. No. 224) ought not to pass. By Mr. Coe of Worcester, for the committee on Municipal Government, that the Resolution relative to home rule for cities (Doc. No. 34) ought not to pass. By the same member, for the same committee, that so much id. of the Resolution providing for home rule or cities and towns (Doc. No. 99) as was considered by said committee ought not to pass. By the same member, for the same committee, that so much id. of the Resolution to provide for a larger measure of home rule for cities and towns (Doc. 'No. 100) as was considered by said committee ought not to pass. By the same member, for the same committee, that the Reso- id. lution providing for granting a greater measure of home rule to cities and towns (Doc. No. 226) ought not to pass. 98 JOURNAL OF THE CONVENTION, Municipal home rule. Id. Id. Deserving public employees, bonuses. Public officers, appointment to other positions. Incompatibility of offices. State and county officers, recall. Natural resources, regulation. Administrative departments, changes. Boards and commissions, ordinances. State officers, four-year term; recall of Governor. Public Service Commission, election. State election, date. Equal suffrage. Id. By the same member, for the same committee, that the Reso- lution to provide for home rule in municipalities in all matters not within general laws (Doc. No. 227) ought not to pass. By the same member, for the same committee, that the Reso- lution to provide for local self-government by municipalities (Doc. No. 228) ought not to pass. By the same member, for the same committee, that the Reso- lution relative to the authority of the General Court in the gov- ernment of cities (Doc. No. 229) ought not to pass. By Mr. Besse of Newburyport, for the same committee, that the Resolution to authorize the payment of bonuses to deserving public employees (Doc. No. 230) ought not to pass. By Mr. Mahoney of Boston, for the committee on State Ad- ministration, that the Resolution relative to the appointment of certain public officials to public office while holding positions in the public service (Doc. No. 55) ought not to pass. By Mr. Bosworth of Springfield, for the same committee, that the Resolution relative to the incompatibility of offices (Doc. No. 119) ought not to pass, except as a minor perfecting amend- ment. By the same member, for the same committee, that the Resolution authorizing the General Court to pass laws pro- viding for the recall of state and county officers (Doc. No. 121) ought not to pass [Mr. Mahoney of Boston dissenting]. By Mr. Langelier of Quincy, for the same committee, that the Resolution relative to legislative regulation of natural resources (Doc. No. 123) ought not to pass. By Mr. Greenwood of Lowell, for the same committee, that the Resolution to provide against too frequent changes in the form of administrative departments of the Commonwealth (Doc. No. 268) ought not to pass. By Mr. Waterman of Williamstown, for the same committee, that the Resolution relative to the issuing of ordinances by de- partments, commissions, boards and other administrative agen- cies (Doc. No. 269) ought not to pass. By Mr. Bailey of Somerville, for the same committee, that the Resolution providing for a four-year term for elective state officers, including a recall provision in the case of Governor (Doc. No. 270) ought not to pass. By Mr. Robbins of Chelmsford, for the same committee, that the Resolution providing for the election of the members of the Public Service Commission (Doc. No. 271) ought not to pass [Messrs. Whitehead of Fall River and Mahoney of Boston dis- senting]. By Mr. Kneil of Westfield, for the committee on Suffrage, that the Resolution relative to the date for holding the annual state election (Doc. No. 14) ought not to pass. By the same member, for the same committee, that the Reso- lution providing for equal suffrage for men and women (Doc. No. 130) ought not to pass [Messrs. Newton of Everett, Webster of Haverhill, Sawyer of Ware and Corrigan of Natick dissenting]. By the same member, for the same committee, that the Reso- lution to provide for equal rights of suffrage for all citizens re- TUESDAY, JULY 17, 1917. 99 gardless of sex (Doc. No. 284) ought not to pass [Messrs. Newton of Everett, Webster of Haverhill, Sawyer of Ware and Corrigan of Natick dissenting]. By Mr. Sawyer of Ware, for the same committee, that the Biennial Resolution providing for biennial elections of state officers, coun- festive 1 " 1 cillors and members of the General Court, and for biennial ses- sessions. sions of the General Court (Doc. No. 40) ought not to pass [Messrs. Kneil of Westfield and Barnes of Mansfield dissenting]. By the same member, for the same committee, that the Reso- Biennial lution to provide for biennial elections of state officers, council- electlons - lors and members of the General Court (Doc. No. 126) ought not to pass [Mr. Gallagher of Boston dissenting]. By the same member, for the same committee, that so much General Court, of the Resolution providing for limited sessions of the General &ss\ona. d Court and biennial elections of members thereof (Doc. No. 87) as was referred to that committee ought not to pass. By Mr. Webster of Haverhill, for the same committee, that the Elections, Resolution providing that all persons qualified to become legal voters shall register and vote at elections (Doc. No. 41) ought not to pass. By the same member, for the same committee, that the Reso- id. lution relative to compulsory voting at elections (Doc. No. 282) ought not to pass [Messrs. Buttrick of Lancaster, Barnes of Mans- field, Ferry of Northbridge and Hawley of Maiden dissenting]. By Mr. Gallagher of Boston, for the same committee, that the Certain aliens, Resolution making aliens who have declared their intention of be- ^2? coming citizens qualified to vote (Doc. No. 128) ought not to pass. By the same member, for the same committee, that the Reso- id. lution relative to the qualifications of voters (Doc. No. 286) ought not to pass. By the same member, for the same committee, that the Reso- id. lution to enable persons who have declared their intention to be- come citizens of the United States to vote in city and town elec- tions (Doc. No. 287) ought not to pass. By Mr. Lynch of Milford, for the committee on Taxation, Homesteads, that the Resolution relative to the exemption from taxation of &&*. certain real estate held and used for homestead purposes (Doc. No. 16) ought not to pass. By Mr. Creamer of Lynn, for the same committee, that the Poll taxes. Resolution relative to the levying of poll taxes (Doc. No. 62) ought rtot to pass. By Mr. Fitz-Randolph of Nantucket, for the same committee, id. that the Resolution to authorize the imposition and collection of poll taxes at varying rates for the purpose of inducing the full exercise of voting rights (Doc. No. 290) ought not to pass. By Mr. Tilton of Springfield, for the same committee, that Municipal so much of the Resolution providing for home rule for cities and towns (Doc. No. 99) as was referred to said committee ought not to pass. By the same member, for the same committee, that so much id. of the Resolution to provide for a larger measure of home rule for cities and towns (Doc. No. 100) as was referred to said com- mittee ought not to pass. 100 JOURNAL OF THE CONVENTION, State and municipal finances, separation. Real estate, uniform Tax ex- emptions, limit. Land values, single tax. Id. Personal property, complete returns. Tax assess- ments, publicity. Real estate, tax exemptions, Aliens, taxation. Agricultural lands and products, taxation. Real estate and incomes, taxation. "Jury Trials in Injunction Contempt Cases." By Mr. Fitz-Randolph of Nantucket, for the same committee, that the Resolution providing for the complete separation of the revenues and expenditures of the Commonwealth from those of the cities and towns (Doc. No. 132) ought not to pass. By Mr. Adams of Concord, for the same committee, that the Resolution relative to uniformity in real estate assessments for taxation (Doc. No. 291) ought not to pass. By Mr. Donoghue of Boston, for the same committee, that the Resolution to provide a limit to tax exemptions (Doc. No. 292) ought not to pass. By Mr. Trefry of Marblehead, for the same committee, that the Resolution to provide for the single tax upon land values (Doc. No. 293) ought not to pass. By the same member, for the same committee, that the Reso- lution relative to authorizing the single tax (Doc. No. 294) ought not to pass. By Mr. Good of Cambridge, for the same committee, that the Resolution to provide for true, complete and accurate returns of all personal properties which may be subject to taxation (Doc. No. 295) ought not to pass. By Mr. Cox of Boston, for the same committee, that the Reso- lution to provide for full publicity of tax assessments (Doc. No. 297) ought not to pass [Messrs. Creamer of Lynn, Good of Cam- bridge and Donoghue of Boston dissenting]. By Mr. Richardson of Ayer, for the same committee, that the Resolution relative to taxation of real estate (Doc. No. 298) ought not to pass. By Mr. Feiker of Northampton, for the same ccmmittee, that the Resolution granting power to the General Court to levy taxes on persons and property of alien residents (Doc. No. 299) ought not to pass. By Mr. O'Connell of Boston, for the same committee, that the Resolution relative to the taxation of agricultural or farming lands and products (Doc. No. 300) ought not to pass. By Mr. Good of Cambridge, for the same committee, that the Resolution relative to taxation of real estate and incomes (Doc. No. 301) ought not to pass. Severally referred, under the rule, to the Committee of the Whole. Bulletin of Information. The following order, the consideration of which was postponed from the last session, was adopted: Ordered, That the bulletin on "Jury Trials in Injunction Con- tempt Cases", prepared by the commission appointed to compile information and data for the Convention, be printed as a Con- vention document. (See Doc. No. 331.) Opinion of the Justices of the Supreme Judicial Court. The following order, the consideration of which was postponed from the last session, was considered: Ju P sttceso f f the e Whereas, The War for the Union was fought by the Northern Supreme States upon the theory that the American Constitution was a TUESDAY, JULY 17, 1917. 101 permanent contract, unalterable except upon terms expressed in Court, - the contract itself; therefore be it of Ordered, That the Justices of the Supreme Judicial Court are Constitution. requested to explain as promptly as possible to the Convention why the Constitution of The Commonwealth of Massachusetts is not a similarly permanent contract, to be amended only upon the terms provided therein; and Whereas, It is a recognized principle of legislation that the statute of latest date repeals all previous acts or parts of acts inconsistent therewith; therefore be it Ordered, That the Justices are requested further to explain whether or not Amendment IX, providing for a two-thirds vote in two successive legislatures as a condition precedent to any amendment of our Constitution, forfeits or surrenders or repeals any previous method of amendment; and be it further Ordered, That the Justices are requested to state whether an inherent right exists and has always existed on the part of a bare majority of the citizens voting at any election duly catted for the purpose to disregard all existing provisions for more than a ma- jority vote in changing any portion of the Constitution, in other words, have the people of The Commonwealth of Massa- chusetts any right under the existing Constitution to provide for such deliberations and safeguards as shall protect a minority of its citizens against hasty and tyrannous action by a temporary majority in amending the Constitution? After debate (Mr. Walker of Brookline being in the chair) the order was rejected. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The following order was considered: Ordered, (1) That the work of the Massachusetts Constitutional Submfesfonjo Convention shall take the form of a main constitution and of a a constitution series of separate amendments, to be designated by the Conven- ^ e ( nt a 8 mend " tion; (2) That the main constitution shall be based upon the present Constitution and the amendments now in force, which shall be consolidated and arranged, as amended, in proper subdivisions under appropriate titles, omitting all articles, clauses and words not in force, and making no other changes in the provisions, and no substantive changes in the language thereof; (3) That the main constitution, consolidated and arranged as aforesaid, and the separate amendments shall be submitted to a vote of the people in such form that the main constitution and each of the separate amendments shall be voted upon separately; (4) That, in case the main constitution should not be adopted, those separate amendments that shall be adopted each for itself shall become amendments 'and parts of the present Constitution. Mr. Horgan of Boston moved that the order be amended by the substitution of the following: Ordered, (1) That the work of the Massachusetts ^ Constitu- tional Convention shall take the form of a main constitution; 102 JOURNAL OF THE CONVENTION, (2) That the main constitution shall be based upon tjie present Constitution, the amendments thereof now in force as well as upon such amendments thereof as shall be submitted by this Convention to and approved by the people at the next general election, which shall be consolidated and arranged, as amended, in proper subdivisions under appropriate titles, omitting all ar- ticles, clauses and words not in force, and making no other changes in the provisions, and no substantive change in the language thereof; (3) That the following question shall be submitted to the people at the same time that amendments shall be voted upon by them, namely: "Shall the Constitutional Convention of 1917 reconvene and proceed to consolidate and arrange the Constitu- tion of Massachusetts as it may be amended by vote of the peo- ple into one whole and harmonious instrument without making any change in the intent thereof?"; (4) That, in case the people vote "No" upon said question, those separate amendments that may be adopted each for itself shall become amendments and parts of the present Constitution; (5) That, in case the people vote "Yes" upon said question, the delegates to this Convention shall reconvene within ten days after the general election for the purpose of consolidating and arranging the Constitution and for such other purposes as to the Convention may seem meet and proper. Mr. Horgan then moved that the order be laid on the table; which motion, after debate, was adopted. membe^f'the ^ke report of the committee on Elections, no action necessary, Convention. on the communication from Timothy L. Connolly of Boston re- questing the Convention to appoint a committee on Credentials and that opportunity be given for appearance before said com- mittee to protest against the holding of seats by certain members of the Convention (Doc. No. 303), was accepted. At twenty-six minutes before three o'clock, on motion of Mr. Aylward of Cambridge (Mr. Walker of Brookline being in the chair), the Convention adjourned, to meet to-morrow at two o'clock P.M. WEDNESDAY, JULY 18, 1917. 103 WEDNESDAY, July 18, 1917. Met according to adjournment, at two o'clock P.M. Prayer was offered by Rev. Francis E. Webster of Waltham, a member of the Convention. Petitions. Mr. Anderson of Brookline presented a petition of Conrad s Reno and others for a hearing in the city of Springfield on the woia? justice. Resolution (Doc. No. 248) relative to industrial rights and social justice, and the same was referred to the committee on Rules and Procedure. Petitions were severally presented as follows : By Mr. Bailey of Somerville, petition of the First Baptist Public funds, Church of Somerville in support of the Resolution to prohibit tTon?. pr pna " the support of sectarian institutions from public funds (Doc. No. 66). By Mr. Bartlett of Newburyport, petition of the Second Con- id. gregational Parish of West Newbury; by Mr. Besse of Newbury- port, petition of the Brotherhood Class of the Central Congre- gational Church of Newburyport; by Mr. Brooks of Worcester, petition of the Second Advent Christian Church of Worcester; by Mr. Bruce of Everett, petitions of the First Baptist Church of Everett and Fred A. Rivers and others; by Mr. Bryant of MHton, petition of the Baptist Church of Westwood; by Mr. Chandler of Somerville, petition of the Official Board of the First Methodist Episcopal Church of Somerville; by Mr. Clark of Brockton, petition of the Pilgrim Church Bible Class of North Weymouth; by Mr. Coe of Worcester, petition of the First Baptist Church of Worcester; by Mr. Curtis of Revere, peti- tions of the Trinity Congregational Church in Revere, the Re- vere Methodist Episcopal Church, Matthew Gosbee and others, the First Baptist Church of Revere and the First Methodist Episcopal Church of Chelsea; by Mr. Derbyshire of Lawrence, petition of the Parker Street Methodist Episcopal Church of Lawrence; by Mr. Doe of Franklin, petition of the First Baptist Church of Franklin; by Mr. Dutch of Winchester, petition of the First Baptist Church of Winchester; by Mr. Foss of Spring- field, petition of the Swedish Evangelical Mission Church of Springfield; by Mr. French of Randolph, petition of the South Congregational Church of Brockton; by Mr. Hamilton of Athol, petition of the Congregational and Methodist churches of Dana and North Dana; by Mr. McKeon of Worcester, petitions of the Lincoln Square Baptist Church of Worcester and W. E. Daniels; by Mr. Merrill of Gloucester, petition of the First Baptist Church of Gloucester; by Mr. Newton of Everett, peti- tions of Millard A. Tibbetts and others; by Mr. Washburn of 104 JOURNAL OF THE CONVENTION, Worcester, petition of the Cheney Bible Class of the Pleasant Street Baptist Church of Worcester; by Mr. Waterman of Wil- liamstown, petition of the First Baptist Church of Williamstown; by Mr. Wellman of Topsfield, petition of the Wenham Baptist Church; and by Mr. Wood of Cambridge, petition of the Broad- way Baptist Church of Cambridge, severally in aid of the Resolution (Doc. No. 66) to prohibit the support of sectarian institutions from public funds, and protesting against the substi- tution of any amendment prohibiting appropriations of public money to private institutions. Severally placed on file. Civil service; state board of control; com- mission on effective ad- ministration, etc. Changes in Committee References. Mr. Langelier of Quincy, for the committee on State Ad- ministration, reported asking to be discharged from the further consideration of the Resolution providing that appointments and promotions in the civil service shall be made because of merit and fitness ascertained through open competition (Doc. No. 264), of the Resolution providing for a state board of control to replace existing commissions, boards and commissioners (Doc. No. 265), of the Resolution to establish a commission on effective administration (Doc. No. 266), and of the Resolution for sys- tematizing the state administration and providing for a state civil service commission and the appointment of the state auditor (Doc. No. 267), and recommending that the same be referred to the committees on State Administration and the Executive, sitting jointly. The report was read and accepted; and accordingly the reso- lutions were referred as recommended. General Court, power to levy taxes. General Court, apportion- ment of Representa- tives. Aged and needy, pensions Franchises of business corporations, taxation. Taxation of property, uniformity. Reports of Committees. By Mr. Creamer of Lynn, for the committee on Taxation, on resolutions Nos. 15, 43, 60 and 131, a Resolution relative to the power of the General Court to impose and levy taxes (Doc. No. 332) [Messrs. Cox of Boston and Adams of Concord dissenting]. By Mr. Moran of Fall River, for the committee on The Gen- eral Court, leave to withdraw, on the petition of Martin Hays, accompanied by Resolution relative to the method of apportion- ment of Representatives to the General Court (Doc. No. 181). By Mr. Flye of Holbrook, for the committee on Taxation, that the Resolution for a special tax to provide pensions for the aged and needy (Doc. No. 52) ought not to pass [Messrs. Good of Cambridge and Donoghue of Boston dissenting]. By Mr. Shanahan of Somerville, for the same committee, that the Resolution requiring proportional taxation of the franchise value of business corporations (Doc. No. 59) ought not to pass. By Mr. Cox of Boston, for the same committee, that the Reso- lution relative to making uniform the application of all statutes relating to the taxation of property (Doc. No. 296) ought not to pass [Mr. Shaw of Revere dissenting]. The reports were read; and the resolutions and petition were severally referred, under the rule, to the Committee of the Whole. WEDNESDAY, JULY 18, 1917. 105 Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The report of the committee on Elections, no action neces- Jasper N. sary, on the communication from Jasper N. Johnson of Medford, S^E^a" claiming to have been elected to membership in the Convention seat in the from the Twenty-fifth Middlesex Representative District (Doc. No. 328), was considered. Mr. Shaw of Revere moved that the report be recommitted; and this motion, after debate, was negatived. The report was then accepted. The report of the committee on Elections, leave to withdraw, Patrick H. on the communication from Patrick H. Jennings of Boston, JSnHbr a" claiming election as delegate at large and asking for an examina- statin the tion and recount of all ballots cast for delegates at large (Doc. No. 329), was considered. Mr. Timothy J. Driscoll of Boston moved that the report be amended by the substitution of the report of the minority of the committee, recommending that the request of the petitioner be granted. After debate the question was put, and 82 members voted in the affirmative and 143 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Moriarty of Boston; and on the roll call 106 members voted in the affirmative and 164 in the negative, as follows: YEAS. Messrs. Adams, Smith J. Barrett, James T. Bauer, Ralph S. Begley, John S. Bigney, Robert E. Boucher, Joseph Zoe'l Bouve, Walter L. Bowen, Patrick Boyden, Frank L.* Brennan, James H. Brennan, James J. Broderick, Patrick S. Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coleman, George W. Coolidge, Louis A. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Craven, John H. Creamer, Walter H. Creed, James F. Cummings, John W. Curtis, Charles P., Jr. Daly, John W. Delaney, Louis F. Dellinger, Raymond P. Derbyshire, James H. Messrs. Donnelly, James P. Donovan, Daniel R. Donovan, Thomas F. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. " Finn, E. Philip Gallagher, Daniel J. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. Green, Thomas H. Hale, Matthew Hall, Frederick S. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hicks, George H. Keliher, John A. Kelly, Luke L. Kenny, Herbert A. Langelier, Louis F. R. Larson, Charles G. Leonard, Joseph J. Lomasney, Martin M. MacMaster, Edward A. Maguire, James E. Mahoney, John J. * See " Question of Privilege " on page 110. 106 JOURNAL OF THE CONVENTION, Messrs. Mancovitz, David Mansfield, John J. Marshall, Daniel J. Martin, Daniel A. Martin, Martin L. McCaffrey, George H., Jr. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. Merrill, George Frye Mitchell, Charles Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Murphy, John L. Myron, John F. Nestor, Patrick F. Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. Messrs. Adams, Brooks Adams, Charles Francis Adams, Scott Anderson, Frederick L. Anderson, George W. Avery, Nathan P. Aylward, James F. Bailey, Charles O. Bailey, J. Warren Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bassett, Edmund Batchelder, Albert W. Bates, Sanford Bergengren, Roy F. Besse, Harold A. Bicknell, Wallace H. Blackmur, Paul R. Bodfish, John D. W. Bolster, Percy G. Bosworth, Henry H. Boyer, Elmer E. Brackett, John Q. A. Brine, Henry C. Brooks, George F. Brown, Samuel F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Bullock, William J. Burns, William A. Burrell, Fred J. Butler, A. Webster Buttrick, Allan G. Chandler, Leonard B. Messrs. O'Connor, John D. Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Reidy, Michael J. Ross, Samuel Sawyer, Roland D. Scigh'ano, Alfred P. Shanahan, William J. Shaw, Michael F. Skerrett, Mark N. Sparrell, Ernest H. Stoeber, Charles Sullivan, William H. Sullivan, William J. Theller, Ralph L. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Whitehead, James Wonson, Carlton W. NAYS. Messrs. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Ho well Crossley, William Cyril Cummings, Herbert E. Curtis, Arthur B. Curtis, Edwin U. Dale, George H. Davis, Elbridge G. Davis, William R. Dean, Robert A. Delano, Robert T. Doe, Orestes T. Doran, James P. Dresser, Frank F. Dutch, Charles Frederick Ellis, Theodore W. Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Flaherty, William Foss, George H. Fraser, Eugene B. French, Asa P. Frost, Archie N. Garland, Francis P. WEDNESDAY, JULY 18, 1917. 107 Messrs. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Graumann, John Hale, Edward R. Hall, Elisha S. Hall, Isaac Freeman Hamilton, Andrew Foster Harding, Clarence W. Hibbard, Charles E. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Howard, Charles P. Hutchings, Henry M. Jones, George R. Kelley, George W. Kilbon, John L. Kinney, William S. Kneil, Arthur S. Knotts, J. Franklin Lane, Daniel W. Lane, Dwight F. Leboeuf, Telesphore Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Love, Joseph A. Lowe, Arthur H. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. Lynch, John C. Malone, Dana McAnarney, John W. McKeon, Francis P. McLaud, Abner S. Merriam, John M. Messrs. Michelman, Joseph Montague, David T. Moore, Charles D. C. Morton, James M. Newhall, Arthur N. Parker, Herbert Parkman, Henry Putnam, Harry B. Ray, Herbert L. Richardson, Edward A. Richardson, James P. Rieutprd, Louis O. Robbins, Edward J. Shattuck, Josiah B. Shea, John M. Shea, John T. Sherburne, Nelson Smith, Jerome S. Smith, Rutherford E. Stoneman, David Sullivan, Edmund G. Sweet, Joseph L. Talbot, Harry R. Tatman, Charles T. Thompson, John L. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Waterman, George B. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wilson, William H. Wing, Herbert Winslow, Guy M. Wood, Charles J. Youngman, William S. 106 yeas; 164 nays. Therefore the amendment was rejected, committee was then accepted. The report of the Taken from the Table. On motion of Mr. Richardson of Newton the following order was taken from the table: Ordered, (1) That the work of the Massachusetts Constitutional SubmisBion to _. i i n If *'* le P6OP"5 Of Convention shall take the form of a main constitution and or a a constitution series of separate amendments, to be designated by the Conven- 611 tion; (2) That the main constitution shall be based upon the present Constitution and the amendments now in force, which shall be consolidated and arranged, as amended, in proper subdivisions under appropriate titles, omitting all articles, clauses and words 108 JOURNAL OF THE CONVP^NTION, not in force, and making no other changes in the provisions, and no substantive changes in the language thereof; (3) That the main constitution, consolidated and arranged as aforesaid, and the separate amendments shall be submitted to a vote of the people in such form that the main constitution and each of the separate amendments shall be voted upon separately; (4) That, in case the main constitution should not be adopted, those separate amendments that shall be adopted each for itself shall become amendments and parts of the present Constitution. Pending the question on the amendment previously moved by Mr. Horgan of Boston, the order was recommitted to the com- mittee on Amendment and Codification of the Constitution, on further motion of Mr. Richardson. Committee of the Whole, procedure. Procedure in Committee of the Whole. The consideration of the following order, offered by Mr. Quincy of Boston, was postponed until the next session, at the request of Mr. Horgan of Boston: Ordered, That the Convention recognize the Committee of the Whole as a continuing body from sitting to sitting, to the extent of authorizing such committee to assign or postpone for consid- eration at a fixed future time any matter which is before it. Compensation of secretaries and Sergeant- at-Arms. Compensation of Officials and Their Assistants. Mr. Curtis of Revere, for the committee on Contingent Expenses and Pay-Roil, who were instructed to determine and report the compensation to be paid the secretaries and the Sergeant-at-Arms, and such assistants in their respective depart- ments as have been approved by the committee on Rules and Procedure, reported, in part, recommending the adoption of the accompanying order: Ordered, That the compensation to be paid the Secretary of the Constitutional Convention and his assistants, and the Sergeant- at-Arms and his assistants, be as follows: Secretary, Assistant secretary, . Two clerical assistants, One clerical assistant, Sergeant-at-Arms, One first assistant, One secretary, . One document clerk, . Two door keepers, One second clerk, One postmaster, Two assistant door keepers, Twenty-one messengers, Four pages, One assistant postmaster, . One assistant document clerk, One porter, The several sums to be paid per diem paid only in so far as the Secretary and $1,000 00 700 00 4 00 3 00 1,000 00 4 00 3 50 3 50 3 50 3 25 3 25 3 25 3 00 2 50 2 50 3 00 2 00 per diem, per diem. per diem, per diem, per diem, per diem, per diem, per diem, per diem, per diem, per diem, per diem, per diem, per diem. as stated above to be the Sergeant-at-Arms WEDNESDAY, JULY 18, 1917. 109 shall certify that their respective employees were actually in attendance upon the Convention or a committee thereof. The report was read; and the order was placed in the Orders of the Day for the next session. Adjournment and Hour of Meeting. Mr. Buttrick of Lancaster moved that the Convention ad- Next session. journ, to meet to-morrow at two o'clock P.M.; and this motion was adopted. Accordingly, at two minutes after four o'clock, the Convention adjourned. 110 JOURNAL OF THE CONVENTION, THURSDAY, July 19, 1917. Met according to adjournment, at two o'clock P.M. Prayer was offered by Rev. John L. Kilbon of Springfield, a member of the Convention. Nathan P. Avery. Engineers, elevator men, and watchmen, compensa- tion. Mr. Boy den of Deerfield. Public funds, appropria- tions. Leave of Absence. On motion of Mr. Trefry of Marblehead, Ordered, That Mr. Avery of Holyoke be granted leave of absence, under Rule 13, because of duties devolving upon him as a member of a draft-exemption board. Compensation of Various Employees. On motion of Mr. Lyman of Easthampton, Ordered, That the committee on Contingent Expenses and Pay-Roll be authorized to provide for compensation to be paid to certain State House employees upon whom extra duties and labors are imposed by reason of this Convention, namely, members of the engineers' department, elevator men and watch- men, and that such compensation be paid upon a per diem basis. Question of Privilege. Mr. Boyden of Deerfield rose to a question of privilege, and stated that, on the call of the yeas and nays, taken at the last session on the question of substituting the minority report for the report of the committee on Elections, leave to withdraw, on the communication from Patrick H. Jennings of Boston, claiming election as delegate at large and asking for an examination and recount of all ballots cast for delegates at large (Doc. No. 329), he was recorded as voting in the affirmative; but that he voted in the negative. Petitions. Petitions were severally presented as follows : - By Mr. Coleman of Boston, petition of the First Baptist Church of Charlestown; by Mr. Lowe of Fitchburg, petition of the Beth Eden Baptist Church of Fitchburg; by Mr. Luce of Waltham, petition of the Official Board of the Methodist Epis- copal Church of Marlborough; and by Mr. Webster of Haver- hill, petition of the Winter Street Free Baptist Church of Haverhill, severally in aid of the Resolution (Doc. No. 66) to prohibit the support of sectarian institutions from public funds, and protesting against the substitution of any amendment prohibiting appropriations of public money to private institutions. Severally placed on file. THURSDAY, JULY 19, 1917. Ill Change in a Committee Reference. Mr. Parkman of Boston, for the committee on State Finance, Public bans, reported asking to be discharged from the further consideration of ~~ 8tat - so much of the Resolution providing for a state budget, for the veto of items therein and for state financial supervision of public loans (Doc. No. 275) as relates to state financial super- vision of public loans, and recommending that the same be referred to the committees on State Finance and Municipal Government, sitting jointly. The report was read and accepted; and accordingly reference was made as recommended. Procedure in Committee of the Whole. The following order, the consideration of which was postponed from the last session, was referred to the committee on Rules and Procedure, on motion of Mr. Quincy of Boston: Ordered, That the Convention recognize the Committee of the Committee of Whole as a continuing body from sitting to sitting, to the extent p^JJ^J' ~" of authorizing such committee to assign or postpone for consid- eration at a fixed future time any matter which is before it. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The order relative to the compensation to be paid the Secretary Compensation of the Constitutional Convention and his assistants, and the Sergeant-at-Arms and his assistants, was adopted. at-Arms. Committee of the Whole. On motion of Mr. Luce of Waltham the Convention resolved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The President appointed Mr. Luce to take the chair. Subsequently Mr. Luce, for the Committee, reported that the preamble of the Resolution providing for an amendment of the preamble of the Constitutlon - Constitution (Doc. No. 21); The Resolution providing that the rights of individuals shall individual IT , i ., ii' i rights; pubbc not prevent public authorities from controlling business enter- welfare. prises in the interest of public welfare (Doc. No. 22); and The Resolution relative to the free exercise of religion (Doc. Fre e exercise of No. 153), severally ought not to pass; Also that, on the petition of J. M. Foster, accompanied by gwmWeto^the Resolution relative to the preamble to the Constitution (Doc. No. 144); and On the petition of Frank Ernest Woodward and others, accom- Golden Rule, - panied by Resolution providing for the recognition in the Bill of r< Rights of the Golden Rule as an indispensable element of the social and civic welfare of the people (Doc. No. 152), the petitioners severally have leave to withdraw; And the resolutions and petitions were severally placed in the Orders of the Day for the next session. 118 JOl'KNAl, OF TUK CONVENTION, Nextaosskm. reported that the Resolution relative to the support of certain institutions from public funds ^Doc. No. 'UH'^ had boon undor eonsideration, but that no oonolusion WM reached. Adjournment and Hour of Meeting. }i r . K^wii) I". Tunis of Boston niovod that, when tho Con- voution adjourns to-day, it adjourn to moot to-morrow at half- past ton oYlook Mr. Twomoy of Lawrence niovod that, when tho Convent ion adjourns to-day, it adjourn to moot on Tuosday noxt at ono o'olook r.M. Tho question was tirst put on tho motion of Mr. Twomoy. that having precedence undor tl\o rule; and after dobato tho motion was negatived. by a voto of SI to 171. Mr. I'lackmur of Quinoy movoil that, whon tho C'onvontion adjourns to-day, it adjourn to moot on Monday noxt at ono o'clook r.M.; and this motion was nocativod. Tho motion of Mr. Tunis was thon adoptod. At twelve minutes before four o'eloek, on motion of Mr. Morriam of Framingham, tho C'onvontion adjourned, to moot to-morrow at half-past ton o'olook A.M. JOURNAL OF THE COMMITTEE OF TI1K WHOLE. Method of procedure. Praambleof the Constitu- tion. THVKSPAY. July \\\ 1917. ]\Ir. Luce of Waltham in the chair. The Convention having resolved itself into Committee of the 'Whole for the purpose of considering the matters on its Docket. Mr. Quinoy of l>oston moved that the Committee proceed to the calling of the Docket. Mr. Lomasney of Boston moved that the motion of Mr. Quiney be amended by the substitution of the following: That the Docket be called by the Chair, and, on the request of a member, any matter may be passed for further action. After debate the motion of Mr. Lomasney was adopted; and the motion of Mr. Quiney, as thus amended, was adopted. The Resolution providing for an amendment of the preamble of the Constitution ^Doc. No. -O was tirst considered, and I debate the Committee voted that the resolution ought not to pass, as had been recommended by the committee on Bill of Rights. THURSDAY, JULY 1!), 11)17. The Commit tec voted to approve the report of the committee preambled on Bill of Rights, leave to withdraw, on the petition of J. M. Foster, accompanied by R< solution relative to the preamble to the Con stitution (Doc. No. 144). The Committee voted that the Resolution providing that the R rights of individuals shall not prevent public authorities from controlling business enterprisers in the interest of public welfare enterprise*. (Doe. No. 22) ought not to pass, as had been recommended by the committee on Bill of Right . The roimniti.ee voted that the Resolution relative to the free Freewcwe exereise of religion (Doe. No. 153) ought not to pass, as had ofrelij n - Krnest Woodward and others, accompanied by Resolution pro- viding for the recognition in the Bill of Rights of the Golden Rule as an indispensable element of the social and civic welfare of the people (Doc. No. 152). The lie solution relative to the support of certain institutions Sectarian from public funds (Doc. No. 306) was considered. Mr. Anderson of Newton moved that the further consideration of the resolution be postponed until Tuesday, July 24, first in the Docket. Mr. Quincy of Boston raised the point of order that the Com- Point mit tee of the Whole, not being a continuing body, the motion oforclcr to postpone was not in order. The Chair stated that, in the national Senate, if he under- Ruling by the stood correctly, a motion to postpone might be entertained in Chair - Committee of the Whole, but that, in the national House, a motion to postpone might not be considered; and that the Chair was inclined to follow the procedure of the national House, inasmuch as its practice is in most particulars in con- formity with that of the Parliament of Great Britain, whence came most of our parliamentary law. The Chair therefore declared the point of order well taken. Without further action on the resolution Mr. Washburn of Worcester moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. 114 JOURNAL OF THE CONVENTION, FRIDAY, July 20, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Francis E. Webster of Waltham, a member of the Convention. Committee on Social Welfare, Hour of meeting; recess; adjournment from Friday to Tuesday. Public funds, appropria- tions. Biennial elections. Committee Authorized to Sit. On motion of Mr. Brackett of Arlington, Voted, That the committee on Social Welfare have leave to sit during the sessions of the Convention and of the Committee of the Whole. Daily Hour of Meeting. Mr. Luce of Waltham, for the committee on Rules and Pro- cedure, who were authorized to report rules and orders for the government of the Convention, reported recommending the adoption of the following order: Ordered, That, unless it shall be otherwise ordered, the hour of meeting shall be half-past ten o'clock A.M.; that, whenever the Convention is in session at one o'clock P.M., except on Fridays, the President shall declare a recess until two o'clock; and that, whenever the Convention is in session at one o'clock P.M. on Fridays, the President shall declare an adjournment until the following Tuesday. The report was read; and the order was considered forthwith and was adopted. Petitions. Petitions were severally presented as follows: By Mr. Bryant of Milton, petitions of the First Baptist Church of Canton and the Mattapan Baptist Church; by Mr. Day of Winchendon, petition of the First Congregational Church of Royalston; by Mr. Hall of Orange, petition of the First Baptist Church of Orange; by Mr. Harding of Whitman, petitions of the Congregational and Baptist churches of Whitman and the men's classes of the First Baptist Church of Whitman; by Mr. Hibbard of Pittsfield, petition of the First Baptist Church of Pittsfield; by Mr. Lane of Dighton, petition of the Congregational Church of East Taunton; by Mr. Powers of Newton, petition of the Allston Baptist, Methodist and Congregational churches; and by Mr. Stoeber of Adams, petition of the Men's Bible Class of the First Baptist Church of Cheshire, severally in aid of the Resolution (Doc. No. 66) to prohibit the support of sectarian institutions from public funds, and protesting against the substi- tution of any amendment prohibiting appropriations of public money to private institutions. By Mr. Dutch of Winchester, a communication from the select- men of the town of Winchester in favor of biennial elections. Severally placed on file. FRIDAY, JULY 20, 1917. 115 Reports of Committees. By Mr. Good of Cambridge, for the committee on Taxation, Property of that the Resolution providing for compensating cities and towns SStSJSf for loss of taxation on property of educational institutions (Doc. taxation. No. 61) ought to pass [Messrs. Cox of Boston, Trefry of Marble- head, Adams of Concord, Flye of Holbrook, Tilton of Spring- field, Fitz-Randolph of Nantucket and Richardson of Ayer dis- senting], By Mr. Crafts of Whately, for the committees on County and Swn^- District Government and Municipal Government, sitting jointly, of bond* that so much of the Resolution relative to the manner in which the General Court may authorize the issuance of bonds (Doc. No. 279) as relates to authorizing the issuance of bonds by any city, town or other civil division ought not to pass. By Mr. Bangs of Boston, for the committee on Municipal ^wris 51 d Government, that so much of the Resolution relative to granting granting of the credit of the Commonwealth or its sub-divisions (Doc. No. credit ' 278) as relates to cities and towns ought not to pass. The reports were read; and the resolutions were severally referred, under the rule, to the Committee of the Whole. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution providing for an amendment of the preamble of the Constitution (Doc. No. 21); . tion. The Resolution providing that the rights of individuals shall Rights of indi- not prevent public authorities from controlling business enter- welfare.' P prises in the interest of public welfare (Doc. No. 22) ; and The Resolution relative to the free exercise of religion (Doc. Free exercise No. 153); of religion. Were severally considered; and the proposals were severally rejected, as recommended by the Committee of the Whole. The petition of J. M. Foster, accompanied by Resolution rela- Preamble to the tive to the preamble to the Constitution (Doc. No. 144), was Constitution - considered; and the petitioner was given leave to withdraw, as recommended by the Committee of the Whole. The petition of Frank Ernest Woodward and others, accom- Golden Rule, panied by Resolution providing for the recognition in the Bill of Rights of the Golden Rule as an indispensable element of the social and civic welfare of the people (Doc. No. 152), was con- sidered; and after debate the petitioners were given leave to Bthdraw, as recommended by the Committee of the Whole. Committee of the Whole. Mr. Luce of Waltham moved that the Convention resolve itself Committee of into Committee of the Whole, for the purpose of considering the matters on its Docket. 116 Special assignment, capital pun- ishment. Public funds, appropria- tions. JOURNAL OF THE CONVENTION, Pending the question on this motion, Mr. Bodfish of Barnstable offered the following order, there being no objection : Ordered, That, on Thursday, July 26, at two o'clock P.M., the Convention resolve itself into Committee of the Whole, for the pur- pose of considering the report of the committee on the Judiciary on the Resolution relative to capital punishment (Doc. No. 31). After debate the order was referred to the committee on Rules and Procedure, on motion of Mr. Luce. Mr. Sawyer of Ware moved that the motion of Mr. Luce be amended by adding at the end thereof the words "for two hours"; and this motion was negatived. The motion of Mr. Luce was then adopted; and the President appointed Mr. Luce to take the chair. Subsequently Mr. Luce, for the Committee, reported that the Resolution relative to the support of certain institutions from public funds (Doc. No. 306) had been under consideration, but that no conclusion was reached. id. Statement Ordered Printed. On motion of Mr. Pelletier of Boston the statement of the chairman of the committee on Bill of Rights, made in Committee of the Whole on the Resolution relative to the support of certain institutions from public funds (Doc. No. 306), was ordered printed as a Convention document. (Doc. No. 334.) At seven minutes before one o'clock, on motion of Mr. Keliher of Boston, the Convention adjourned, to meet on Tuesday next at half-past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE. Public funds, appropria- tions. FRIDAY, July 20, 1917. Mr. Luce of Waltham in the chair. The Resolution relative to the support of certain institutions from public funds (Doc. No. 306) was considered further. After debate, and without action on the resolution, Mr. Under- bill of Somerville moved that the Committee rise; and this motion, after debate, was adopted. Accordingly the Committee rose. TUESDAY, JULY 24, 1917. 117 TUESDAY, July 24, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rabbi Phineas Israeli of Boston. Leave of Absence. On motion of Mr. Coe of Worcester, Ordered, That Mr. Logan of Worcester be granted leave of James Logan, absence, under Rule 13, until Tuesday, July 31, because of business at Washington in connection with national affairs. Extension of Time for Certain Reports. On motion of Mr. Walsh of Fitchburg, -Ordered, That the committees on Amendment and Codification Reports of of the Constitution, the Executive, Public Affairs, Social Wei- Sto^cmof'"" fare, State Administration, State Administration and the Execu- time, tive (sitting jointly) and State Finance and Municipal Govern- ment (sitting jointly) be granted until Tuesday, July 31, in which to report on the matters remaining before them. Special Assignment Capital Punishment. Mr. Williams of Brookline, for the committee on Rules and Special assign- Procedure, to whom was referred the order That, on Thursday, Sp?taf~ July 26, at two o'clock P.M., the Convention resolve itself into punishment. Committee of the Whole, for the purpose of considering the report of the committee on the Judiciary on the Resolution relative to capital punishment (Doc. No. 31), reported recommending that the order be adopted. The report was read; and the order was placed in the Orders of KDay for the next session. Request for a Hearing in Springfield. A.T. Luce of Waltham, for the committee on Rules and Pro- industrial cedure, to whom was referred the petition of Conrad Reno and others for a hearing in the city of Springfield on the Resolution relative to industrial rights and social justice (Doc. No. 248), reported that it is inadvisable to grant the request. The report was read; and it was placed in the Orders of the Day for the next session. Views on the Initiative and Referendum. The following order, offered by Mr. Parker of Lancaster, was referred, under the provisions of a standing order, to the com- mittee on Rules and Procedure: 118 JOURNAL OF THE CONVENTION, Members of the committee on Initiative and Referen- dum, print- ing of views. "Legislature" for "General Court"; "Supreme Court" for "Supreme Judicial Court". Initiative and referendum. Id. Id. Id. Id. Judicial appointments, confirma- tion. Hours of labor, regulation. I Ordered, That the majority and minority members of the committee on Initiative and Referendum have leave to file with the Secretary of the Convention, on or before August first, and to have printed, statements of the grounds of their support of or dissent from the report of that committee. Subsequently Mr. Parker, for the committee on Rules and Procedure, reported recommending that the order be adopted. The report was read; and the order was considered forthwith and was adopted. (See Doc. No. 343.) Reports of Committees. By Mr. Blackmur of Quincy, for the committee on Form and Phraseology, who were directed under an order adopted July 10 to consider the expediency of substituting for the words " General Court", wherever they occur in the Constitution, the word "Legislature", and for the words "Supreme Judicial Court", wherever they occur therein, the words "Supreme Court", that it is expedient to substitute for the words "General Court" the word " Legislature ", except where the context makes the word "General Court" necessary; and that it is inexpedient to sub- stitute for the words "Supreme Judicial Court" the words "Supreme Court". The report was read; and it was referred, under the rule, to the Committee of the Whole. By Mr. Walker of Brookline, for the committee on Initiative and Referendum, on resolutions Nos. 7, 183, 184 and 187, and on a petition accompanied by resolution No. 186, a Resolution to provide for establishing the initiative and referendum (Doc. No. 335) [Messrs. Choate of Southborough, Parker of Lancaster, Powers of Newton, Lummus of Lynn, Churchill of Amherst, Youngman of Boston and Bailey of Newbury dissenting]. By Mr. Harriman of New Bedford, for the same committee, that the Resolution to provide for establishing the initiative and referendum for cities and towns (Doc. No. 27) ought not to pass. By the same member, for the same committee, that the Reso- lution providing for the referendum by the General Court of acts and resolves and parts thereof (Doc. No. 88) ought not to pass. By the same member, for the same committee, that the Resolution to provide for the direct adoption of constitutional amendments by referendum to the people (Doc. No. 134) ought not to pass. By the same member, for the same committee, tbat the Reso- lution relative to obtaining signatures in connection with the ini- tiative and referendum (Doc. No. 185) ought not to pass. By Mr. McAnarney of Quincy, for the committee on the Judiciary, that the Resolution to provide for the confirmation of judicial appointments by other than a political body (Doc. No. 201) ought not to pass. By Mr. Donovan of Lawrence, for the committee on Labor, on resolutions Nos. 115, 117, 216 and 217, a Resolution authoriz- ing the General Court to pass laws regulating and restricting the hours of labor (Doc. No. 336) [Messrs. Brown of Springfield, Collier of Gardner and Thompson of North Attleborough dissenting], TUESDAY, JULY 24, 1917. 119 By Mr. Boynton of Everett, for the same committee, leave to Safe construc- withdraw, on the petition of the Massachusetts State Branch of tlon> the American Federation of Labor, accompanied by Resolution to insure safe construction in this Commonwealth (Doc. No. 218) [Mr. Donovan of Lawrence dissenting]. Mr. Lowell of Newton, for the committees on Labor and Judi- Labor rights; cial Procedure, sitting jointly, to whom were referred the resolu- iabo?disputes. tions Nos. 30, 146 and 150, and the petitions of the Massachu- setts State Branch of the American Federation of Labor, accom- panied by resolutions Nos. 219 and 220, reported that the resolutions ought not to pass and that the petitioners have leave to withdraw [Messrs. Brown of Brockton, Ross of New Bedford, Donovan of Lawrence, Shea of Cambridge and Skerrett of Worcester dissenting]. [For the views of the majority and of the minority see Doc. No. 337.] By Mr. Flaherty of Boston, for the committee on Social Wei- Advertising in fare, that the Resolution to provide for the regulation of adver- E^S^^S?' tising in public places (Doc. No. 53) ought not to pass [Messrs. Brackett of Arlington, Kelley of Rockland, Kilbon of Springfield and Sweet of Attleboro dissenting]. By the same member, for the same committee, that the Noxious Resolution relative to the power of the General Court to regulate ^"ounds*- smells, sights and sounds and the construction of buildings regulation. ' (Doc. No. 182) ought not to pass [Messrs. Brackett of Arlington, Kelley of Rockland, Kilbon of Springfield and Sweet of Attle- boro dissenting]. By Mr. Brackett of Arlington, for the same committee, that Women before the Resolution relative to the duty of the Commonwealth toward women before and after childbirth (Doc. No. 260) ought not to pass. The reports were read; and the resolutions and petitions were severally referred, under the rule, to the Committee of the Whole. Committee of the Whole. On motion of Mr. Luce of Waltham the Convention resolved ^ >E w s j 1 it i ee of itself into Committee of the Whole, for the purpose of consider- ing the matters on its Docket. The President appointed Mr. Luce to take the chair. Subsequently Mr. Luce, for the Committee, reported that the Public funds, Resolution relative to the support of certain institutions from tion? pr pna " public funds (Doc. No. 306) had been under consideration, but that no conclusion was reached. At six minutes before one o'clock, on motion of Mr. Hall of Recess. Taunton, recess was taken until two o'clock; at which hour the Convention reassembled. On motion of Mr. Luce of Waltham the Convention resolved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The President appointed Mr. Luce to take the chair. 120 JOURNAL OF THE CONVENTION, - U a P pVopri d a-' Subsequently Mr. Luce, for the Committee, reported that the tions. Resolution relative to the support of certain institutions from public funds (Doc. No. 306) had been under consideration, that it had been amended by the substitution of a new draft with the same title (Doc. No. 338), and that the Committee recommended that the resolution, as thus amended, ought to pass. The resolution was read; and it was placed in the Orders of the Day for the next session for a second reading. At ten minutes before five o'clock, on motion of Mr. Montague of Boston, the Convention adjourned, to meet to-morrow at half- past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE. appropna tions. TUESDAY, July 24, 1917. Mr. Luce of Waltham in the chair. Public funds, The Resolution relative to the support of certain institutions from public funds (Doc. No. 306) was considered further. Mr. Edwin U. Curtis of Boston moved that the resolution be amended by the substitution of a resolution with the same title (Doc. No. 338). After debate Mr. Anderson of Newton, there being no ob- jection, withdrew his dissent (see Doc. No. 307). Mr. Washburn of Worcester moved that the amendment be amended by adding at the end thereof the following: "The General Court may make appropriations for scholarships in technical and engineering schools in which state scholarships now exist." After further debate, and without action on the amendments, Mr. Edwin U. Curtis of Boston moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. After the recess the Committee resumed consideration of the above-named resolution, Mr. Luce being in the chair. After debate the amendment previously moved by Mr. Wash- burn was rejected. Mr. Bartlett of Newburyport moved that the amendment previously moved by Mr. Curtis be amended by adding at the end thereof the following: "But nothing herein contained shall prevent any city or town from expending money raised by taxa- tion or otherwise, in the education of its school children in any school approved by the school committee and not under ecclesi- astical or sectarian control." TUESDAY, JULY 24, 1917. The same member then moved that the Committee rise; and this motion, after debate, was negatived. Mr. Bennett of Saugus moved that the amendment previously moved by Mr. Curtis be amended by striking out all after the word "expended", in line 17. After further debate the amendments of Messrs. Bartlett and Bennett were severally rejected. Mr. Adams of Springfield moved that the amendment, previ- ously moved by Mr. Curtis be amended by inserting after the word "libraries", in line 33, the words "and museums connected therewith"; and this amendment, after debate, was rejected. The amendment previously moved by Mr. Curtis was then adopted; and the Committee voted that the resolution, as thus amended, ought to pass. Mr. Edwin U. Curtis of Boston then moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. 121 122 JOURNAL OF THE CONVENTION, State prohibition. Charitable institutions, inspection and support. Definition of labor. Hearing in the city of Springfield, industrial rights and social justice. Special assign- ment, capital pun- ishment. Public funds, appropri- ations. WEDNESDAY, July 25, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Warren P. Landers of Brockton, Secretary of the Massachusetts Total Abstinence Society. Petition. Mr. Kilbon of Springfield presented a communication from the Massachusetts Congregational Conference in favor of pro- hibiting the manufacture and sale of intoxicating liquors as beverages; and the same was placed on file. Documents Ordered Printed. On motion of Mr. George of Haverhill a Resolution relative to the inspection and support of charitable institutions, was ordered printed as a Convention document. (Doc. No. 340.) On motion of Mr. Brown of Brockton certain views and a resolution relative to the definition of labor, were ordered printed as a Convention document. (Doc. No. 342.) Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The report of the committee on Rules and Procedure, to whom was referred the petition of Conrad Reno and others for a hearing in the city of Springfield on the Resolution relative to industrial rights and social justice (Doc. No. 248), that it is inadvisable to grant the request, was accepted. The order That, on Thursday, July 26, at two o'clock P.M., the Convention resolve itself into Committee of the Whole, for the purpose of considering the report of the committee on the Judici- ary on the Resolution relative to capital punishment (Doc. No. 31), was considered. Mr. Bodfish of Barnstable moved that the order be amended by striking out "Thursday, July 26", and inserting in place thereof "Tuesday, July 31 ". After debate the amendment was adopted; and the order, as amended, was adopted. The Resolution relative to the support of certain institutions from public funds (Doc. No. 338) was read a second time. Mr. George of Haverhill moved that the Resolution be amended by the substitution of a Resolution guaranteeing freedom of religious worship and prohibiting religious discrimina- tion and the public support of sectarian institutions (Doc. No. 341). The same member then moved that the further consideration of the resolution be postponed until to-morrow. WEDNESDAY, JULY 25, 1917. 123 Mr. Pillsbury of Wellesley moved that the resolution be laid on the table; and this motion, after debate, was negatived. The motion to postpone was also negatived. Mr. George then withdrew the amendment moved by him, there being no objection. The resolution was then ordered to a third reading. Committee of the Whole. On motion of Mr. Washburn of Worcester the Convention Committee of resolved itself into Committee of the Whole, for the purpose theWilole - of considering the matters on its Docket. The President appointed Mr. Washburn to take the chair. Subsequently Mr. Washburn, for the Committee, reported ^aTe^nd 1 ' that the Resolution relative to appropriations for vocational, textile schools. trade and textile schools (Doc. No. 148); The Resolution providing that all takings of land by eminent Land takings domain shall be deemed a public use (Doc. No. 202); JSrpSS? The Resolution relative to the use of private property for id. public purposes (Doc. No. 142) ; and The Resolution relative to the taking of property for public id. uses (Doc. No. 196), severally ought not to pass; And the resolutions were severally placed in the Orders of the Day for the next session. Mr. Washburn also reported that the Committee recom- Taking of land mended that the Resolution relative to the right of the Com- monwealth to take or to authorize the taking*of land by eminent domain (Doc. No. 94) be recommitted, with a pending amend- ment (see Doc. No. 339), to the committee on the Judiciary; and That the Resolution relative to the public interest in natural Natural resources (Doc. No. 321) be recommitted, with pending amend- public* ments, to the committee on Public Affairs. The questions on these recommendations were put forthwith, and they were severally adopted; and accordingly the resolu- tions were recommitted. At four minutes before one o'clock, on motion of Mr. Washburn Recess, of Middleborough, recess was taken until two o'clock; at which hour the Convention reassembled. On motion of Mr. Washburn of Worcester the Convention Committee of resolved itself into Committee of the Whole, for the purpose of t] considering the matters on its Docket. The President appointed Mr. Washburn to take the chair. Subsequently (Mr. Pillsbury of Wellesley being in the chair) |^~ nd Mr. Washburn, for the Committee, reported that the Resolution equality of to provide for securing freedom and equality of justice in the J ustlce - courts of the Commonwealth to all persons (Doc. No. 8); The Resolution relative to establishing the office of public Public defender (Doc. No. 209); The Resolution relative to the election of a public defender id. (Doc. No. 210); 124 JOURNAL OF THE CONVENTION, Certain defendants, counsel. Acquittals, costs. Law of the land. Accused persons, statements. Accused persons, standing mute. Id. Judge and jurors, Id. Verdicts of juries. The Resolution relative to providing counsel for defendants charged with state prison offences (Doc. No. 211); The Resolution relative to the payment of costs to those acquitted of the charge of crime (Doc. No. 89) ; The Resolution relative to the law of the land (Doc. No. 143) ; The Resolution relative to statements by persons accused of crimes or offences (Doc. No. 90); The Resolution relative to removing privilege of accused to stand mute (Doc. No. 69) ; The Resolution relative to removing privilege of accused to stand mute without comment by court, jury or counsel (Doc. No. 70); The Resolution relative to the challenge of judge and jurors in criminal causes (Doc. No. 29); and The Resolution relative to the challenge of judge and jurors in civil causes (Doc. No. 28), severally ought not to pass; And the resolutions were severally placed in the Orders of the Day for the next session. Mr. Washburn also reported that the Resolution relative to verdicts of juries in civil causes (Doc. No. 49) had been under consideration, but that no conclusion was reached. At five minutes before four o'clock, on motion of Mr. Bigney of Boston (Mr. Pillsbury of Wellesley being in the chair), the Convention adjournjd, to meet to-morrow at half-past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE, Vocational, trade and appropri- ations. Land takings for public purposes. Id. WEDNESDAY, July 25, 1917. Mr. Washburn of Worcester in the chair. The Committee voted that the Resolution relative to appro- priations for vocational, trade and textile schools (Doc. No. 148) ought not to pass, as had been recommended by the committee on Bill of Rights. The Committee voted that the Resolution providing that all takings of land by eminent domain shall be deemed a public use (Doc. No. 202) ought not to pass, as had been recommended by the committee on the Judiciary. The Resolution relative to the right of the Commonwealth to take or to authorize the taking of land by eminent domain (Doc. No. 94) was considered. Mr. Dresser of Worcester moved that the resolution be amended by the substitution of a Resolution extending the right of excess condemnations (Doc. No. 339). WEDNESDAY, JULY 25, 1917. 125 The same member moved that the Committee recommend that the resolution and pending amendment be recommitted to the committee on the Judiciary; and this motion was adopted. The Committee voted that the Resolution relative to the use Land takings of private property for public purposes (Doc. No. 142) ought not to pass, as had been recommended by the committee on Bill of Rights. The Committee voted that the Resolution relative to the id. taking of property for public uses (Doc. No. 196) ought not to pass, as had been recommended by the committee on the Ju- diciary. The Resolution relative to the public interest in natural Natal resources (Doc. No. 321) was considered. Mr. Clapp of Lexington moved that the resolution be amended by striking out, in line 3, the word " agricultural,". The same member moved that the Committee recommend that the Resolution and pending amendment be recommitted to the committee on Public Affairs. Mr. Charbonneau of Lowell moved that the resolution be amended by inserting after the word "taking", in line 6, the words "by such public body as it may designate,". Mr. Pillsbury of Wellesley moved that the resolution be amended by inserting before the word "agricultural", in line 3, the word "undeveloped". Mr. Montague of Boston moved that the resolution be amended by striking out the comma after the word "agricul- tural", in line 3, and inserting in place thereof the words "land and of ". Mr. O'Connell of Boston moved that the resolution be amended by striking out, in lines 3 and 4, the words " agricultural, mineral, forest and water", and inserting in place thereof the words "all the natural". Mr. Dresser of Worcester moved that the resolution be amended by striking out the comma after the word "mineral", in line 4, and inserting in place thereof the word "and"; and by striking out, in line 4, the words "and water", and in line 8 the words "water and". After debate the motion of Mr. Clapp, that the Committee recommend that the resolution and pending amendments be re- committed, was adopted. Mr. Montague of Boston then moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. After the recess the Committee resumed consideration of the matters on its Docket, Mr. Washburn being in the chair. The Committee voted that the Resolution to provide for Courts, securing freedom and equality of justice in the courts of the equality of d Commonwealth to all persons (Doc. No. 8) ought not to pass, justice. 126 JOURNAL OF THE CONVENTION, Public defender. Id. Certain defendants, counsel. Acquittals, payment of costs. Law of the land. Accused persons, statements. Accused persons, standing mute. Id. Judge and jurors, challenge. Id. Verdicts of juries. as had been recommended by the committee on Judicial Pro- cedure. The Resolution relative to the election of a public defender (Doc. No. 209) was considered; and after debate the Committee voted that the resolution ought not to pass, as had been recom- mended by the committee on the Judiciary. The Committee voted that the Resolution relative to the election of a public defender (Doc. No. 210) ought not to pass, as had been recommended by the committee on the Judiciary. The Committee voted that the Resolution relative to providing counsel for defendants charged with state prison offences (Doc. No. 211) ought not to pass, as had been recommended by the committee on the Judiciary. The Committee voted that the Resolution relative to the payment of costs to those acquitted of the charge of crime (Doc. No. 89) ought not to pass, as had been recommended by the committee on the Judiciary. The Resolution relative to the law of the land (Doc. No. 143) was considered; and after debate the Committee voted that the resolution ought not to pass, as had been recommended by the committee on Bill of Rights. The Committee voted that the Resolution relative to state- ments by persons acctised of crimes or offences (Doc. No. 90) ought not to pass, as had been recommended by the committee on Judicial Procedure. The Committee voted that the Resolution relative to removing privilege of accused to stand mute (Doc. No. 69) ought not to pass, as had been recommended by the committee on Bill of Rights. The Resolution relative to removing privilege of accused to stand mute without comment by court, jury or counsel (Doc. No. 70) was considered; and after debate the Committee voted that the resolution ought not to pass, as had been recommended by the committee on Bill of Rights. The Resolution relative to the challenge of judge and jurors in criminal causes (Doc. No. 29) was considered; and after debate the Committee voted, 33 to 130, that the resolution ought not to pass, as had been recommended by the committee on Judicial Procedure. The Committee voted that the Resolution relative to the challenge of judge and jurors in civil causes (Doc. No. 28) ought not to pass, as had been recommended by the committee on Judicial Procedure. The Resolution relative to verdicts of juries in civil causes (Doc. No. 49) was considered. Without, action on the resolution, Mr. Stearns of Cambridge moved the Committee rise; and this motion was adopted. Accordingly the Committee rose. THURSDAY, JULY 26, 1917. 127 THURSDAY, July 26, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Roland D. Sawyer of Ware, a member of the Convention. Petitions. Petitions were severally presented as follows: By Mr. Bartlett of Newburyport, petition of the Methodist Public funds, Episcopal Church of Ipswich; and by Mr. Richardson of Ayer, petition of the Baptist Church of Shirley, severally in aid of the Resolution (Doc. No. 66) to prohibit the support of sectarian institutions from public funds, and protesting against the substi- tution of any amendment prohibiting appropriations of public money to private institutions. Severally placed on file. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. Resolutions Relative to appropriations for vocational, trade and textile vocational Schools (DOC. NO. 148) ;> Schools. Providing that all takings of land by eminent domain shall be Land takings deemed a public use (Doc. No. 202); . f *X Relative to the use of private property for public purposes id (Doc. No. 142); Relative to the taking of property for public uses (Doc. id. No. 196); To provide for securing freedom and equality of justice in the Equality of courts of the Commonwealth to all persons (Doc. No. 8); Relative to establishing the office of public defender (Doc. No. Public 209). defender. Relative to the election of a public defender (Doc. No. 210); Id - Relative to providing counsel for defendants charged with Defendants, state prison offences (Doc. No. 211); -counsel.! Relative to the payment of costs to those acquitted of the Acquittals, charge of crime (Doc. No. 89); Relative to the law of the land (Doc. No. 143); th^fend. Relative to statements by persons accused of crimes or offences Accused (DOC. NO. 90); persons. Relative to removing privilege of accused to stand mute (Doc. id. No. 69) ; Relative to removing privilege of accused to stand mute with- id. out comment by court, jury or counsel (Doc. No. 70); Relative to the challenge of judge and jurors in criminal Jj^JJ^ causes (Doc. No. 29); and challenge. 128 JOURNAL OF THE CONVENTION, Judge and jurors, challenge. Relative to the challenge of judge and jurors in civil causes (Doc. No. 28); Were severally considered; and the proposals were severally rejected, as recommended by the Committee of the Whole. Committee of the Whole. Verdicts of juries. Committee of the Whole. Verdicts of juries. Id. Jury trials. Verdicts of juries. Id. Jury trials. Verdicts of juries. Jury trials. Committee of the Whole. On motion of Mr. Quincy of Boston the Convention resolved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The President appointed Mr. Quincy to take the chair. Subsequently Mr. Quincy, for the Committee, reported that the Resolution relative to verdicts of juries in civil causes (Doc. No. 49) had been under consideration, but that no conclusion was reached. At one o'clock, under the provisions of a standing order, the President declared a recess until two o'clock; at which hour the Convention reassembled. On motion of Mr. Quincy of Boston the Convention resolved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The President appointed Mr. Quincy to take the chair. Subsequently Mr. Quincy, for the Committee, reported that the Resolution relative to verdicts of juries in civil causes (Doc. No. 49); The Resolution to provide that five-sixths of any jury in civil actions may render a valid verdict after twelve hours' delibera- tion (Doc. No. 203); The Resolution relative to the right of trial by jury in all cases at law (Doc. No. 208); The Resolution relative to permitting a verdict in civil actions by less than the whole number of jurors (Doc. No. 204); The Resolution relative to the verdicts of juries and to trial by jury in cases relating to workmen's compensation (Doc. No. 206) ; The Resolution relating to trial by jury in all controversies concerning property (Doc. No. 207); The Resolution relative to verdicts of juries in civil actions (Doc. No. 205); and The Resolution relative to the right to trial by jury (Doc. No. 151), severally ought not to pass; And the resolutions were severally placed in the Orders of the Day for the next session. Adjournment and Hour of Meeting. Next session. M T B urns o f pittsfield moved that, when the Convention adjourns to-day, it adjourn to meet on Tuesday next at half-past ten o'clock A.M.; and this motion, after debate, was negatived, by a vote of 66 to 107. At seven minutes after four o'clock, on motion of Mr. Kenefick of Palmer, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. THURSDAY, JULY 26, 1917. 129 JOURNAL OF THE COMMITTEE OF THE WHOLE. THUESDAY, July 26, 1917. Mr. Quincy of Boston in the chair. The Resolution relative to verdicts of juries in civil causes verdicts of (Doc. No. 49) was considered. i uries - Mr. Dutch of Winchester moved that the resolution be amended id. by inserting at the beginning of line 4 the words "The General Court may provide that "; by striking out, in the same line, the article "a"; and by striking out, in line 5, the word "number" where it first occurs. After debate, and without action on the amendments, Mr. Johnson of Worcester moved the Committee rise; and this motion was adopted. Accordingly the Committee rose. After the recess the Committee resumed consideration of the id. Resolution relative to verdicts of juries in civil causes (Doc. No. 49), Mr. Quincy being in the chair. After debate the amendments previously moved by Mr. Dutch were rejected. The Committee then voted to recommend that the resolution ought not to pass. The Resolution to provide that five-sixths of any jury in civil id. actions may render a valid verdict after twelve hours' delibera- tion (Doc. No. 203) was considered. Mr. Bates of Boston moved that the resolution be amended by the substitution of a resolution with the same title; and this amendment was rejected, by a vote of 30 to 150. The Committee then voted to recommend that the resolution ought not to pass. The Resolution relative to the right of trial by jury in all cases Right to trial at law (Doc. No. 208) was considered; and after debate the by jury. Committee voted to recommend that the resolution ought not to pass. The Resolution relative to permitting a verdict in civil actions verdicts of by less than the whole number of jurors (Doc. No. 204); J uries - The Resolution relative to the verdicts of juries and to trial Verdicts of by jury in cases relating to workmen's compensation (Doc. j No. 206); and 130 JOURNAL OF THE CONVENTION, - trial by jury, Verdicts of juries. ial Resolution relating to trial by jury in all controversies concerning property (Doc. No. 207); Were severally considered; and in each instance the Committee voted to recommend that the resolution ought not to pass. The Resolution relative to verdicts of juries in civil actions (Doc. No. 205) was considered. Mr. Twomey of Lawrence moved that the Committee rise; and this motion was negatived, by a vote of 49 to 110. The Committee then voted to recommend that the resolution ought not to pass. The Resolution relative to the right to trial by jury (Doc. No. 151) was considered; and the Committee voted to recommend that the resolution ought not to pass. Mr. McAnarney of Quincy then moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. FRIDAY, JULY 27, 1917. 131 FRIDAY, July 27, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Philip A. Nordell of Brookline, As- sistant Adjutant-General, Department of Massachusetts, Grand Army of the Republic. Adjournment and Hour of Meeting. Mr. Murphy of Chelsea moved that, when the Convention ad- Next session. journs to-day, it adjourn to meet on Monday next at one o'clock P.M.; and this motion, after debate, was negatived. Payment to the Widow of Walter F. Russell. The consideration of the following order, offered by Mr. Butler of Brockton, was postponed until the next session, at the request of Mr. Williams of Brookline: Ordered, That there be allowed and paid to Abigail A. Russell, wwow of widow of Walter F. Russell of Brockton, the compensation to Russeiiof which he would have been entitled as a member of the Con- Brockton - vention from the Tenth Plymouth Representative District. Report of a Committee. By Mr. Douglass of Boston, for the committees on State Fi- state budget; nance and Municipal Government, sitting jointly, that so much of the Resolution providing for a state budget, for the veto of items therein and for state financial supervision of public loans (Doc. No. 275) as relates to state financial supervision of public loans ought not to pass [Messrs. Parkman of Boston, Lowe of Fitchburg, Codman of Brookline, Dellinger of Wakefield and McCaffrey of Boston, of the committee on State Finance, and Messrs. Bangs of Boston and Charles P. Curtis, Jr., of Boston, of the committee on Municipal Government, dissenting]. The report was read; and the resolution was referred, under the rule, to the Committee of the Whole. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. Resolutions Relative to verdicts of juries in civil causes (Doc. No. 49); Verdicts of To provide that five-sixths of any jury in civil actions may ^ nes ' render a valid verdict after twelve hours' deliberation (Doc. No. 203) ; Relative to the right of trial by jury in all cases at law (Doc. Trial by jury No. 208); Relative to permitting a verdict in civil actions by less than verdicts of the whole number of jurors (Doc. No. 204); Juries - Relative to the verdicts of juries and to trial by jury in cases id. relating to workmen's compensation (Doc. No. 206); and 132 JOURNAL OF THE CONVENTION, Trial by jury. Verdicts of juries. Trial by jury. Relating to trial by jury in all controversies concerning prop- erty (Doc. No. 207); Were severally considered; and the proposals were severally rejected, as recommended by the Committee of the Whole. The Resolution relative to verdicts of juries in civil actions (Doc. No. 205) was considered; and after debate the proposal was rejected, as recommended by the Committee of the Whole. The Resolution relative to the right to trial by jury (Doc. No. 151) was considered; and after debate the proposal was rejected, as recommended by the Committee of the Whole. Committee of the Whole. Liberty of speech and press. Courts, power. Committee of the Whole. On motion of Mr. Williams of Brookline the Convention re- solved itself into Committee of the Whole, for the purpose of con- sidering the matters on its Docket. The President appointed Mr. Williams to take the chair. Subsequently Mr. Williams, for the Committee, reported that the Resolution relative to the liberty of speech and of the press and of all important recognized media of thought transmission utilized to affect public opinion (Doc. No. 149) ought not to pass; and the resolution was placed in the Orders of the Day for the next session. Mr. Williams also reported that the Resolution limiting the power of the courts to declare statutes to be unconstitutional (Doc. No. 47) had been under consideration, but that no con- clusion was reached. At one o'clock, under the provisions of a standing order, the President declared the Convention adjourned, to meet on Tues- day next at half-past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE. Liberty of speech and press. Courts, power. FRIDAY, July 27, 1917. Mr. Williams of Brookline in the chair. The Resolution relative to the liberty of speech and of the press and of all important recognized media of thought trans- mission utilized to affect public opinion (Doc. No. 149) was con- sidered; and the Committee voted to recommend that the reso- lution ought not to pass. The Resolution limiting the power of the courts to declare statutes to be unconstitutional (Doc. No. 47) was considered. After debate, and without action on the resolution, the chair- man declared the meeting at an end, as the hour fixed for the ad- journment of the Convention had arrived. TUESDAY, JULY 31, 1917. 133 TUESDAY, July 31, 1917. Met according to adjournment, at half-past ten o'clock A.M. The Secretary announced the absence of the President, and stated that Mr. Pillsbury of Wellesley had been appointed to perform the duties of the Chair. Prayer was offered by Rev. J. Franklin Knotts of Somerville, a member of the Convention. Extension of Time for Certain Reports. On motion of Mr. Luce of Waltham, Ordered, That the committees on Amendment and Codifica- Reports of tion of the Constitution, County and District Government, the eS2Sio^ es '~ Executive, the Judiciary, Public Affairs, Social Welfare, State of time. Administration, and State Administration and the Executive (sitting jointly) be granted until Tuesday, August 7, in which to report on the matters before them. Leave of Absence. On motion of Mr. Ross of New Bedford, - Ordered, That Mr. Walker of New Bedford be granted leave George of absence, under Rule 13, because of duties devolving upon Walker - him as a member of a draft-exemption board. Mr. Bartlett of Newburyport asked that he be granted leave of ^ r ra , ce I - absence during continuation of the heated term. Mr. Carr of Hopkinton asked that the consideration of the request be postponed until to-morrow. The Chair (Mr. Pillsbury) stated that a request for leave of 5jjjj gbythe absence, presented in person by a member on the floor of the Con- vention, did not fall within the requirement of Rule 37 that " any order or resolution which shall be proposed for adoption shall be postponed until the next session " at the request of a member. The request of Mr. Bartlett was then granted. On motion of Mr. Howard of Reading, Ordered, That Mr. Newhall of Stoneham be granted leave of Arthur N. absence, under Rule 13, because of duties devolving upon him as a member of a draft-exemption board. Change in a Committee Reference. Mr. Gates of Westborough, for the committee on the Exec- District utive, reported asking to be , discharged from the further con- | ttoI 5J2Jent sideration of so much of the Resolution relative to the appoint- ment of the Attorney-General by the Governor and of the district attorneys by the Attorney-General (Doc. No. 161) as relates to the appointment of district attorneys, and recommend- ing that the same be referred to the committee on County and District Government. The report was read and accepted; and accordingly reference was made as recommended. 134 JOURNAL OF THE CONVENTION, Next session. Adjournment and Hour of Meeting. Mr. Powers of Newton moved that, when the Convention adjourns to-day, it adjourn to meet on Tuesday next. After debate the question was put, and 103 members voted in the affirmative and 99 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Creamer of Lynn; and on the roll call 120 members voted in the affirmative and 130 in the negative, as follows: YEAS. , Adams, Brooks Anderson, George W. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barnes, Clarence A. Barnes, George L. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Bergengren, Roy F. Besse, Harold A. Bicknell, Wallace H. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve, Walter L. Boyden, Frank L. Brennan, James J. Broderick, Patrick S. Butler, A. Webster Buttrick, Allan G. CaUahan, Timothy F. Chandler, Leonard B. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coolidge, Louis A. Cooney, Charles P. Costello, Francis M. Cox, Guy W. Crobsy, J. Ho well Cummings, Herbert E. Curtis, Arthur B. Curtis, Charles P., Jr. Curtis, Edwin U. Cusick, John F. Dale, George H. Daly, John W. Davis, William R. Derbyshire, James H. Doe, Orestes T. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Douglass, John J. Dresser, Frank F. Messrs. Driscoll, Timothy J. Ferry, James R. Flaherty, William French, Asa P. Garland, Francis P. Gartland, John J. Giddings, Charles Good, John P. Granfield, WiUiam J. Green, Thomas H. Hale, Edward R. HaU, Frederick S. Harrington, Patrick H. Hibbard, Charles E. Hobbs, Clarence W., Jr. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kelley, George W. Kelly, Luke L. Kenny, Herbert A. Kinney, William S. Knotts, J. Franklin Lane, Daniel W. Luce, Robert Lummus, Henry T. Maguire, James E. McAnarney, John W. Merriam, John M. Merrill, George Frye Moore, Charles D. C. Morton, James M. Murley, Joseph J. Myron, John F. O'Connell, Joseph F. Parker, Herbert Parkman, Henry Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Pillsbury, Albert E. Powers, Samuel L. Ray, Herbert L. Robinson, George H. Shea, John T. Sheehan, Christopher A. Smith, Jerome S. Smith, Rutherford E. Sullivan, Edmund G. Sullivan, Joseph M. Sullivan, William J. TUESDAY, JULY 31, 1917. 135 Messrs. Tatman, Charles T. Theller, Ralph L. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Turner, Joseph Twomey, John C. Walcott, Robert Walsh, David I. Messrs. Washburn, Albert H. Webster, Francis E. Weekes, George LeRoy Wellman, Arthur Holbrook Whipple, Sherman L. Williams, Fred Homer Wilson, William H. Wood, Charles J. Youngman, William S. NAYS. Messrs. Adams, Charles Francis Adams, Smith J. Anderson, Frederick L. Aylward, James F. Bailey, J. Warren Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Bennett, Frank P. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Boyer, Elmer E. Brennan, James H. Brine, Henry C. Brown, E. Gerry Brown, Samuel F. Bruce, Charles Bryant, Lincoln Bullock, William J. Burns, William A. Burrell, Fred J. Carr, Edward Chase, Mial W. Clark, Ezra W. Coleman, George W. Collier, David R. Collins, Samuel I. Coombs, Zelotes W. Corrigan, Robert S. Crafts, Lyman A. Creamer, Walter H. Daley, Peter Davis, Elbridge G. Dean, Robert A. Delaney, Louis F. Delano, Robert T. Donoghue, John A. Driscoll, Dennis D. Dutch, Charles Frederick Ellis, Theodore W. Finn, E. Philip Fitz-Randolph, Reginald T. Flynn, Maurice R. Foss, George H. Fraser, Eugene B. Frost, Archie N. Gates, Joseph S. George, Samuel W. Glazier, Frederick P. Gleason, Nesbit G. Hale, Matthew Hall, Elisha S. Hall, Isaac Freeman Hamilton, Andrew Foster Messrs. Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Hoitt, Augustus J. Howard, Charles P. Hutchings, Henry M. Jones, George R. Kenefick, Thomas W. Kilbon, John L. Lane, Dwight F. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Linke, Fred R. Lomasney, Martin M. Loring, Augustus P. Love, Joseph A. Lowe, Arthur H. Lowell, James A. Lufkin, Willfred W. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Mahoney, John J. Malone, Dana Mansfield, John J. Martin, Daniel A. McCaffrey, George H., Jr. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. Michelman, Joseph Mitchell, Charles Mitchell, John Montague, David T. Moran, William Moriarty, James T. Moynihan, James J. Murphy, John L. Nestor, Patrick F. Newton, H. Huestis Nutting, Edward H. O'Connell, John P. O'Connor, John D. Parker, George S. Quincy, Josiah Quinn, Timothy F. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Rieutord, Louis O. Robbing, Edward J. Ross, Samuel Sawyer, Roland D. 136 JOURNAL OF THE CONVENTION, Messrs. Shea, John M. Sherburne, Nelson Sparrell, Ernest H. Sullivan, Michael A. Sullivan, William H. Sweeney, Edward A. Sweet, Joseph L. Swig, Louis Talbot, Harry R. Thompson, Edward Messrs. Walker, Joseph Washburn, Charles G. Waterman, George B. Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Wing, Herbert Winslow, Guy M. Wonson, Carlton W. 120 yeas; 130 nays. Therefore the motion of Mr. Powers was negatived. Daily roll- call; record of absentees. Daily Roll-Call Record of Absentees. The consideration of the following order, offered by Mr. French of Randolph, was postponed until the next session, at the re- quest of Mr. Lomasney of Boston: Ordered, That, on and after Wednesday, August 1, there shall be a roll-call of the Convention at the beginning of each session, and a record kept of the absentees. Committee on Leave of Absence. Widow of Walter F. Russell of Brockton. Liberty of speech and press. Committee on Leave of Absence. The consideration of the following order, offered by Mr. French of Randolph, was postponed until the next session, at the re- quest of Mr. Malone of Greenfield: Ordered, That a committee of five on Leave of Absence be appointed by the President, to which applications on the part of members for leave of absence shall be referred, considered and reported, with its recommendations, to the Convention; and unless excused by the Convention such applicants shall be required to attend. Payment to the Widow of Walter F. Russell. The following order, the consideration of which was postponed from the last session, was considered: Ordered, That there be allowed and paid to Abigail A. Russell, widow of Walter F. Russell of Brockton, the compensation to which he would have been entitled as a member of the Con- vention from the Tenth Plymouth Representative District. After debate Mr. Williams of Brookline moved that the order be referred to the committee on Contingent Expenses and Pay- Roil; and this motion was adopted. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution relative to the liberty of speech and of the press and of all important recognized media of thought trans- mission utilized to affect public opinion (Doc. No. 149) was considered; and the proposal was rejected, as recommended by the Committee of the Whole. TUESDAY, JULY 31, 1917. 137 Motion to Adjourn. Mr. Sullivan of Salem moved that the Convention adjourn. Adjournment. The question was put, and 110 members voted in the affirmative and 106 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Creamer of Lynn; and on the roll call 116 members voted in the affirmative and 133 in the negative, as follows : YEAS. Messrs. Adams, Brooks Anderson, George W. Aylward, James F. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barrett, James T. Bartlett, Horace I. Batchelder, Albert W. Bates, Sanford Bennett, Frank P. Bergengren, Roy F. Besse, Harold A. Bicknell, Wallace H. Blackmur, Paul R. Bolster, Percy G. Bouve", Walter L. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Butler, A. Webster Callahan, Timothy F. Carr, Edward Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Coclman, James M., Jr. Coleman, George W. Coolidge, Louis A. Cooney, Charles P. Costello, Francis M. Cox, Guy W. Crosby, J. Howell Cummings, Herbert E. Curtis, Arthur B. Curtis, Charles P., Jr. Curtis, Edwin U. Dale, George H. Derbyshire, James H. Doe, Orestes T. Donovan, James A. Donovan, Thomas F. Douglass, John J. Driscoll, Timothy J. Ellis, Theodore W. Finn, E. Philip French, Asa P. Garland, Francis P. Giddings, Charles Messrs. Granfield, William J. Hale, Matthew Hall, Elisha S. Hall, Frederick S. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hibbard, Charles E. Hobbs, Clarence W., Jr. Horgan, Francis J. Johnson, Charles R. Kelley, George W. Kelley, Thomas R. Kenny, Herbert A. Kinney, William S. Knotts, J. Franklin Lane, Daniel W. Lbring, Augustus P. Lowell, James A. Luce, Robert Lufkin, Wfflfred W. Lummus, Henry T. Maguire, James E. Mancovitz, David McAnarney, John W. Merriam, John M. Merrill, George Frye Mitchell, Charles Moore, Charles D. C. Morton, James M. Murley, Joseph J. Myron, John F. O'Connell, Joseph F. Parker, Herbert Parkman, Henry Perry, Augustus W. Pillsbury, Albert E. Quinn, Timothy F. Robbins, Edward J. Shea, John T. Sheehan, Christopher A. Smith, Rutherford E. Sparrell, Ernest H. Sullivan, Edmund G. Sullivan, Joseph M. Sullivan, William J. Swig, Louis Tatman, Charles T. Theller, Ralph L. Thompson, Edward Thompson, Hubert C. Turner, Joseph 138 JOURNAL OF THE CONVENTION, Messrs. Twomey, John C. Walcott, Robert Walsh, David I. Washburn, Albert H. Weekes, George LeRoy Wellman, Arthur Holbrook Messrs. Whipple, Sherman L. Williams, Fred Homer Wilson, William H. Wing, Herbert Wonson, Carlton W. Wood, Charles J. NAYS. Messrs. Adams, Charles Francis Adams, Smith J. Anderson, Frederick L. Bailey, J. Warren Barnes, Clarence A. Bassett, Edmund Bauer, Ralph S. /Bigney, Robert E. tBodfish, John D. W. Bosworth, Henry H. Boucher, Joseph Zoel Boyer, Elmer E. Brennan, James H. Brown, E. Gerry Brown, Samuel F. Bruce, Charles Bryant, Lincoln Bullock, William J. Burns, William A. Burrell, Fred J. Buttrick, Allan G. Chandler, Leonard B. Clark, Chester W. Clark, Ezra W. Collier, David R. Collins, Samuel I. Coombs, Zelotes W. Corrigan, Robert S. Coughlan, William J. Crafts, Lyman A. Creamer, Walter H. Creed, James F. Curtiss, Elmer L. Cusick, John F. Daley, Peter. Davis, Elbridge G. Davis, William R. Dean, Robert A. Delaney, Louis F. Delano, Robert T. Dellinger, Raymond P. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Doran, James P. Dresser, Frank F. Driscoll, Dennis D. Dutch, Charles Frederick Ferry, James R. Fitz-Randolph, Reginald T. Flaherty, William Fly/nn, Maurice R. Fraser, Eugene B. Frost, Archie N. Gartland, John J. Gates, Joseph S. George, Samuel W. . Glazier, Frederick P. Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hamilton, Andrew Foster Harding, Clarence W. Hoitt, Augustus J. Howard, Charles P. Hutchings, Henry M Jones, George R. Kelly, Luke L. Kenefick, Thomas W. Kilbon, John L. Lane, Dwight F. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Linke, Fred R. Lomasney, Martin M. Love, Joseph A. Lowe, Arthur H. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Mahoney, John J. Mansfield, John J. Marshall, Daniel J. McCaffrey, George H., Jr McCarthy, Charles F. McCormack, John W. McKeon, Francis P. Michelman, Joseph Mitchell, John Montague, David T. Moran, William Moriarty, James T. Moynihan, James J. Murphy, John L. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John P. O'Connor, John D. Parker, George S. Quincy, Josiah Ray, Herbert L. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Rieutord, Louis O. Robinson, George H. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shea, John M. TUESDAY, JULY 31, 1917. 139 Messrs. Sherburne, Nelson Messrs. Washburn, Charles G. Smith, Jerome S. Waterman, George B. Sullivan, Michael A. Webster, Francis E. Sullivan, William H. Webster, George P. Sweeney, Edward A. Wheeler, William Sweet, Joseph L. White, John A. Talbot, Harry R. Whittier, Eugene P. Thompson, John L. Willett, George Franklin Trefry, WiUiam D. T. Winslow, Guy M. Walker, Joseph 116 yeas; 133 nays. Therefore the motion of Mr. Sullivan was negatived. Committee of the Whole. On motion of Mr. Jones of Melrose the Convention resolved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The Chair (Mr. Pillsbury of Wellesley) appointed Mr. Jones as chairman of the Committee. Subsequently Mr. Jones, for the Committee, reported that the Courts, T un- Resolution limiting the power of the courts to declare statutes 2jtyo utk to be unconstitutional (Doc. No. 47) had been under considera- statutes. tion, but that no conclusion was reached. At one o'clock, under the provisions of a standing order, the Recess. Chair declared a recess until two o'clock; at which hour the Convention reassembled. On motion of Mr. Jones of Melrose the Convention resolved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The Chair appointed Mr. Jones as chairman of the Com- mittee. Subsequently Mr. Jones, for the Committee, reported that the Capital Resolution relative to capital punishment (Doc. No. 31) oirght punis not to pass. Mr. Jones also reported that the Resolution limiting the power courts, un of the courts to declare statutes to be unconstitutional (Doc. Sg^* 00 " No. 47) had been under consideration, but that no conclusion statutes. was reached. At four minutes after four o'clock, on motion of Mr. Bryant of Milton (Mr. Pillsbury being in the chair), the Convention ad- journed, to meet to-morrow at half-past ten o'clock A.M. 140 JOURNAL OF THE CONVENTION, JOURNAL OF THE COMMITTEE OF THE WHOLE, Courts, unconstitu- tionality of statutes. TUESDAY, July 31, 1917. Mr. Jones of Melrose in the chair. The Resolution limiting the power of the courts to declare statutes to be unconstitutional (Doc. No. 47) was considered. After debate, and without action on the resolution, Mr. Luce of Waltham moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. Quorum. Capital punishment. Courts, unconsti- tutionally of statutes. After the recess the Committee resumed consideration of its Docket, Mr. Jones being in the chair. Mr. Horgan of Boston moved that the Sergeant-at-Arms be requested to secure the presence of a quorum; and this motion was adopted. On the appearance of a quorum the Resolution relative to capital punishment (Doc. No. 31), being a special assignment for two o'clock P.M., was considered; and after debate the Com- mittee voted to recommend that the resolution ought not to pass. The Resolution limiting the power of the courts to declare statutes to be unconstitutional (Doc. No. 47) was then con- sidered further. Mr. Creamer of Lynn moved that the Committee recommend that the resolution be recommitted to the committee on the Judiciary, with instructions to divide the question and report on each paragraph. After debate, and without action on the motion of Mr. Creamer, Mr. Luce of Waltham moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. WEDNESDAY, AUGUST 1, 1917. 141 WEDNESDAY, August 1, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Francis E. Webster of Waltham, a member of the Convention. Daily Roll-Call Record of Absentees. The following order, offered by Mr. French of Randolph, the consideration of which was postponed from the last session, was considered: Ordered, That, on and after Wednesday, August 1, there shall Daily roii- i 11 11 f j.i n ' i * - call; record of be a roll-call or the Convention at the beginning or each session, absentees. and a record kept of the absentees. After debate the order was rejected. Committee on Leave of Absence. The following order, offered by Mr. French of Randolph, the consideration of which was postponed from the last session, was withdrawn by that member, there being no objection: Ordered, That a committee of five on Leave of Absence be committee on appointed by the President, to which applications on the part of members for leave of absence shall be referred, considered and reported, with its recommendations, to the Convention; and unless excused by the Convention such applicants shall be required to attend. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution relative to capital punishment (Doc. No. 31) was considered; and the proposal was rejected, as recommended by the Committee of the Whole. Committee of the Whole. On motion of Mr. Underbill of Somerville the Convention re- committee of solved itself into Committee of the Whole, for the purpose of con- the whole - sidering the matters on its Docket. The President appointed Mr. Underbill to take the chair. Subsequently Mr. Underbill, for the Committee, reported that Courts, the Resolution limiting the power of the courts to declare stat- SoSfty^f utes to be unconstitutional (Doc. No. 47) had been under con- statutes. sideration, but that no conclusion was reached. At six minutes before one o'clock, on motion of Mr. Bailey of Recess. Somerville, recess was taken until two o'clock; at which hour the Convention reassembled. 142 JOURNAL OF THE CONVENTION, Committee of the Whole. Courts, unconstitu- tionality of statutes. Id. Id. Adjournment. On motion of Mr. Underbill of Somerville the Convention resolved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The President appointed Mr. Underbill to take the chair. Subsequently Mr. Underbill, for the Committee, reported that the Resolution limiting the power of the courts to declare statutes to be unconstitutional (Doc. No. 47); The Resolution to prohibit the judiciary from nullifying or suspending laws (Doc. No. 97); and The Resolution enlarging the power of a minority of the Su- preme Judicial Court in construing the constitutionality of law (Doc. No. 212), severally ought not to pass; And the resolutions were severally placed in the Orders of the Day for the next session. Adjournment. Mr. Sullivan of Salem moved that, when the Convention ad- journs to-day, it adjourn to meet on Tuesday next. Mr. Bryant of Milton moved that the Convention adjourn. The question was put on the motion of Mr. Bryant, that motion having precedence; and the same prevailed. Accordingly, at six minutes before four o'clock, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE. Courts, unconstitu- tionally of statutes. WEDNESDAY, August 1, 1917. Mr. Underbill of Somerville in the chair. The Resolution limiting the power of the courts to declare statutes to be unconstitutional (Doc. No. 47) was considered. After debate Mr. Creamer of Lynn withdrew his pending mo- tion (that the committee recommend that the resolution be re- committed to the committee on the Judiciary, with instructions to divide the question and report on each paragraph), there being no objection. Mr. Creamer then moved that the resolution be amended by striking out the article of amendment and inserting in place thereof the following: "No law duly enacted by the General Court shall be nullified as unconstitutional except by the Su- preme Judicial Court with the concurrence of not less than two- thirds of all the justices thereof." After further debate, and without action on the amendment, Mr. Anderson of Brookline moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. WEDNESDAY, AUGUST 1, 1917. 143 After the recess the Committee resumed consideration of its Docket, Mr. Underhill being in the chair. The Resolution limiting the power of the courts to declare Courts, statutes to be unconstitutional (Doc. No. 47) was considered XoSty^ further. statutes. After debate the amendment previously moved by Mr. Creamer was rejected, by a vote of 37 to 137; and the Committee voted to recommend that the resolution ought not to pass. The Resolution to prohibit the judiciary from nullifying or id. suspending laws (Doc. No. 97) was considered; and the Com- mittee voted to recommend that the resolution ought not to pass. The Resolution enlarging the power of a minority of the Su- id. preme Judicial Court in construing the constitutionality of law (Doc. No. 212) was considered; and the Committee voted to recommend that the resolution ought not to pass. Mr. Buttrick of Lancaster then moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. 144 JOURNAL OF THE CONVENTION, THURSDAY, August 2, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. John L. Kilbon of Springfield, a member of the Convention. Public use of life and property, reasonable compensation. Public Use of Life and Property. A communication from Conrad W. Crooker, relative to pro- viding in the Constitution a declaration that, when the public exigencies require the life, liberty or property of an individual to be appropriated to public uses, reasonable compensation shall be given by the public, and for putting that declaration into prac- tice by giving reasonable compensation to the men of Massachu- setts who are to fight to establish a world democracy and to destroy autocracy, was placed on file. District attorneys, appointment. Report of a Committee. By Mr. Mancovitz of Boston, for the committee on County and District Government, that so much of the Resolution rela- tive to the appointment of the Attorney-General by the Governor and of the district attorneys by the Attorney-General (Doc. No. 161) as relates to the appointment of district attorneys ought not to pass. The report was read; and the resolution was referred, under the rule, to the Committee of the Whole. Quorum. Courts, unconstitu- tionally of statutes. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. Mr. Brown of Brockton asked for a count of the Convention to ascertain if a quorum was present. A count showed that 136 members were present. On motion of Mr. Jones of Melrose the Sergeant-at-Arms was instructed to secure the presence of -a quorum. On the appearance of a quorum the Resolution limiting the power of the courts to declare statutes to be unconstitutional (Doc. No. 47) was considered, the question being on its rejection, as recommended by the Committee of the Whole. After debate the sense of the Convention was taken by yeas andjnays, at the request of Mr. Walker of Brookline; and on the roll call 161 members voted in the affirmative and 77 in the negative, as follows: THURSDAY, AUGUST 2, 1917. 145 YEAS. Messrs. Adams, Charles Francis Adams, Smith J. Bailey, Charles O. Bailey, J. Warren Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Bassett, Edmund Bicknell, Wallace H. Bolster, Percy G. Bosworth, Henry H. Boy den, Frank L. Brine, Henry C. Brown, Samuel F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Bullock, William J. Burns, William A. Buttrick, Allan G. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Collier, David R. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Costello, Francis M. Crafts, Lyman A. Craven, John H. Creed, James F. Crosby, J. Ho well Crossley, William Cyril Cummings, Herbert E. Cummings, John W. Curtis, Charles P., Jr. Curtis, Edwin U. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Doe, Orestes T. Doran, James P. Douglass, John J. Dutch, Charles Frederick Farns worth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Finn, E. Philip Fisher, Edward Fitz-Randolph, Reginald T. Flaherty, William Flye, Louis Edwin Foss, George H. French, Asa P. Garland, Francis P. Messrs. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Granfield, WiUiam J. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Isaac Freeman Hamilton, Andrew Foster Hawley, Truman R. Hibbard, Charles E. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Howard, Charles P. Hutchings, Henry M. Jones, George R. Keliher, John A. Kelley, George W. Kelly, Luke L. Kneil, Arthur S. Lane, Daniel W. Lane, D wight F. Langelier, Louis F. R. Leboeuf, Telesphore Leonard, Joseph J. Look, WiUiam J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Lufkin, Willfred W. Lyman, Frank E. Lynch, John C. Maguire, James E. Malone, Dana Mansfield, John J. Martin, Daniel A. McAnarney, John W. McCaffrey, George H., Jr. McCarthy, Charles F. McCormack, John W. Merriam, John M. Michelman, Joseph Mitchell, Charles Montague, David T. Morton, James M. Murley, Joseph J. Nutting, Edward H. Parker, George S. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Rieutprd, Louis O. Robbins, Edward J. Robinson, George H. 146 JOURNAL OF THE CONVENTION, Messrs. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Sheehan, Christopher A. Smith, Jerome S. Smith, Rutherford E. Sparrell, Ernest H. Stoneman, David Silliyan, Edmund G. Sullivan, Michael A. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Messrs. Adams, Brooks Anderson, Frederick L. Anderson, George W. Aylward, James F. Barrett, James T. Batchelder, Albert W. Begley, John S. Bergengren, Roy F. Bodfish, John D. W. Boucher, Joseph Zoel Bouve, Walter L. Boyer, Elmer E. Brennan, James J. Broderick, Patrick S. Brown, E. Gerry Butler, A. Webster Carr, Edward Clark, Ezra W. Coleman, George W. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Curtiss, Elmer L. Daley, Peter Dean, Robert A. Delaney, Louis F. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Driscoll, Dennis D. Driscoll, Timothy J. Flynn, Maurice R. Gallagher, Daniel J. Good, John P. Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Messrs. Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Webster, Francis E. Weekes, George LeRoy Wellman. Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wilson, William H. Wing, Herbert Winslow, Guy M. Wood, Charles J. NAYS. Messrs. Hart, Albert Bushnell Hicks, George H. Kenny, Herbert A. Kilbon, John L. Linke, Fred R. Lomasney, Martin M. Love, Joseph A. MacMaster, Edward A. Mahoney, John J. Marshall, Daniel J. Martin, Martin L. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Mitchell, John Moran, William Moriarty, James T. Moynihan, James J. Myron, John F. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connor, John D. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Shanahan, William J. Shaw, Michael F. Shea, John T. Sherburne, Nelson Stoeber, Charles Sullivan, William H. Sullivan, William J. Theller, Ralph L. Thompson, Edward Walker, Joseph Walsh, David I. W T onson, Carlton W. 161 yeas; 77 nays. Therefore the proposal was rejected. THURSDAY, AUGUST 2, 1917. 147 Resolutions To prohibit the judiciary from nullifying or suspending laws Courts, /TV XT xv O7"* . unconstitu- (Doc. No. 97); and tionaiityof Enlarging the power of a minority of the Supreme Judicial statutes. Court in construing the constitutionality of law (Doc. No. 212); Id * Were severally considered; and the proposals were severally rejected, as recommended by the Committee of the Whole. Committee of the Whole. On motion of Mr. George of Haverhill the Convention re- Committee of solved itself into Committee of the Whole, for the purpose of con- the Whole - sidering the matters on its Docket. The President appointed Mr. George to take the chair. Subsequently Mr. George, for the Committee, reported that, on Judges, the petition of the Massachusetts State Branch of the American electlon - Federation of Labor, accompanied by Resolution providing a method for the election of judges (Doc. No. 199), the petitioner have leave to withdraw; Also that the Resolution relative to the election of judges id. (Doc. No. 95); The Resolution relating to the election and recall of judicial id. officers (Doc. No. 200); and The Resolution relative to authorizing the General Court to id. provide for the election of judges (Doc. No. 198), severally ought not to pass; And the petition and resolutions were severally placed in the Orders of the Day for the next session. Mr. George also reported that the Resolution relative to the election of judges by the people (Doc. No. 197) had been under consideration, but that no conclusion was reached. Mr. Kenny of Boston moved that the Convention adjourn; Adjournment, and this motion was adopted, by a vote of 83 to 54. Accordingly, at five minutes before one o'clock, the Conven- tion adjourned, to meet to-morrow at half-past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE. THURSDAY, August 2, 1917. Mr. George of Haverhill in the chair. The Resolution relative to the election of judges (Doc. No. 95) was considered; and the Committee voted to recommend that the resolution ought not to pass. The petition of the Massachusetts State Branch of the Ameri- I(L can Federation of Labor, accompanied by Resolution providing a 148 JOURNAL OF THE CONVENTION, method for the election of judges (Doc. No. 199), was consid- ered; and the Committee voted to recommend that the petitioner have leave to withdraw. judges, The Resolution relating to the election and recall of judicial officers (Doc. No. 200) was considered; and the Committee voted to recommend that the resolution ought not to pass. id. The Resolution relative to authorizing the General Court to provide for the election of judges (Doc. No. 198) was considered; and the Committee voted to recommend that the resolution ought not to pass. id. The Resolution relative to the election of judges by the people (Doc. No. 197) was considered. After debate, and without action on the resolution, Mr. James H. Brennan of Boston moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. FRIDAY, AUGUST 3, 1917. 149 FRIDAY, August 3, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. John L. Kilbon of Springfield, a member of the Convention. Leave of Absence. On motion of Mr. Logan of Worcester, Ordered, That Mr. Coe of Worcester be granted leave of ab- s. Hamilton sence, under Rule 13, because of illness. Coe - On motion of Mr. Stoneman of Boston, Ordered, That Messrs. Gallagher of Boston, Pelletier of Boston DanieU. and Shanahan of Somerville be granted leave of absence, under Ssepffcf' Rule 13, for the purpose of attending a meeting of the Supreme ^g? tier and Council, Knights of Columbus, to be held in Chicago to arrange Shanahan. for raising a fund for the establishment of recreational centers at cantonments and National Guard camps. Reception of the Belgian Mission. On motion of Mr. Powers of Newton, Ordered, That a committee of eleven members be appointed to wait upon His Excellency the Governor, and upon His Ex- cellency Baron Moncheur and his distinguished colleagues of the Extraordinary Mission of the Belgian Nation, and inform them that the Massachusetts Constitutional Convention is now in session and requests the pleasure and the honor of their presence. The President appointed as the committee Messrs. Powers of Newton, Lowe of Fitchburg, Crosby of Arlington, Fitz-Randolph of Nantucket, Coleman of Boston, Bangs of Boston, Ferrey of Pittsfield, Stoneman of Boston, Wing of Dartmouth, Harrington of Fall River and Lowell of Newton; and they proceeded to the discharge of their duty under escort of the Sergeant-at-Arms. Soon afterwards Mr. Powers, for the committee, reported that they had attended to the duty assigned them, and that His Excellency the Governor had accepted the invitation of the Convention for himself and his guests and' for the Envoys and their guests, and that they would attend upon the Convention forthwith. Thereupon His Excellency the Governor, His Honor the Lieutenant-Governor, His Excellency Baron Moncheur and other members of the Belgian Mission, the Council, and His Honor the Mayor of Boston, accompanied by various civil and military officers, entered the Convention Chamber under escort of the Sergeant-at-Arms. His Excellency Samuel W. McCall, Governor of the Common- wealth, was then presented to the Convention, and spoke as fol- lows: 150 JOURNAL OF THE CONVENTION, Address of His MR. PRESIDENT, YOUR EXCELLENCY: I have the honor to iiixcellency the i & ^ -n i Governor. bring before you, Mr. President, for presentation to the Conven- tion, the special Envoys from the King of Belgium to the United States. At a time when thrones are tumbling and when anarchy and dictatorships are rising upon the ruins of once mighty na- tions, there is one throne in the world that is secure, because its foundations are deeply laid in the hearts of the Belgian people. Attacked by the greatest armed power in the world and dis- possessed of his entire kingdom, excepting only a few square miles of territory, he has maintained upon that narrow domain a greatness of soul and a kingly determination which would do honor to the mightiest of monarchs. As the King, so the people. Inhabiting a strategic land, over which great nations fly at each other's throats and where the destinies of the world have been shaped and settled, so far as they may be settled, for more than once, this people extorted the praise of the greatest captain of ancient times and they have maintained their renown for valor down to this very day. The gross injustice of which Belgium was made the victim has excited the compassion of the whole civilized world. It has called into being a moral force more potent than that found in armies, a force that it is madness ever to invoke and that it is impossible in the long reaches of time successfully to resist. The cause of Belgium has become the cause of all the free and independent nations, and it has profoundly excited the com- passion and tenderness of the people of the United States from one coast to the other. It is an ancient political doctrine of our country that questions relating to the boundaries and to the systems of government of the nations upon this continent are American questions, to be settled by the self-governing peoples of this hemisphere without any influence or control from the nations beyond the seas. A due regard for that doctrine imposes upon us a scrupulous respect for the corresponding right of the nations of Europe to adjust their own frontiers and to exercise that basic and inherent right of all nations to adopt their own form of government. It is for the nations of Europe, for instance, to determine whether those recently lost provinces of France which were hers for generations shall be restored to her again, and whether there shall now be driven forever from the European shores of the Bosphorus that unspeakable power whose dragon form fouls the splendor of the sun. These questions are for the European nations to settle. But whatever may have been our separate and legitimate cause for entering upon this war, and whatever part we may play in adjusting the terms of the treaty of peace which we may hope will come before the plains of Europe become the grave of the white races and the grave also of their civilization yet this war would have a lamentable and a tragic outcome for us if it did not result in the complete restoration of the Belgian kingdom. And if the invader shall have been made too impoverished to repair the destruction wrought by his own vandalism, I believe that the people of America will be proud to do their share in rebuilding a newer and a greater Belgium. FKIDAY, AUGUST 3/1917. 151 Mr. President, it is a profoundly interesting event for this Constitutional Convention to receive the representatives of a great King and of an heroic people. There is no spot upon the globe where they will receive a warmer welcome than upon the soil of Massachusetts, and it is fitting that the chosen representa- tives of the people of the Commonwealth should extend their welcome to the Belgian Envoys. President John L. Bates then spoke as follows: YOUR EXCELLENCY, YOUR HONOR: On behalf of the Conven- Address of tion I thank you both for bringing here the distinguished guests of the state and of the city. It has been a great pleasure, sirs, for us to have the opportunity of meeting them, remembering the nation that they represent and all for which it stands at this hour. Your Excellency, it gives me great pleasure on behalf of these representatives of Massachusetts to join in the welcome that His Excellency the Governor has extended to you. It is a welcome that is a warm welcome because it comes from the very depths of the human heart. You find us here seemingly in peaceful de- liberation over the principles which we regard as fundamentally necessary to maintain and perpetuate the rights and the liberties of men. But, Sir, it has always been true that Massachusetts has been ready to unsheathe the sword for the vindication of those principles in which she believes. And while we here are in peace- ful deliberation over the great principles for which your people have been so gallantly fighting, our boys, too, are girding on the sword and buckling on the armor to the end that they may take their part in this greatest of all causes that the world has ever known. We welcome you, Sir, as friends. We welcome you as allies. We welcome you because you have the same enemy that we have. We have read the distressing story of how that enemy, without warning, without provocation and without excuse, has desolated your fair land and seeks now to divide its green fields and its blue coasts as spoils of war. With you, Sir, we shall seek to circumvent the designs of that enemy. That enemy seeks to establish the idea that the individual exists only for the welfare of the government. We seek to establish throughout the world the idea that governments have no excuse for existence except as they exist for the welfare of the individual. Our common enemy maintains that might makes right, but we have an unfaltering faith that in the end it will appear that right has made might. We recognize that today wrong may be upon the throne and that truth may be upon the scaffold, but there comes another tomorrow and in that tomorrow wrong shall be abased and truth shall be exalted. Your enemy shall stand as a trembling culprit before the bar of nations, but Belgium shall receive a crown of exceeding glory because it had the courage and that high ideal of faith that enabled it to discharge its duty to mankind by opposing its living wall of flesh and its rivers of blood to the onward progress of the vandals that sought the destruction of Christian civilization. We believe, Sir, that even as the story has been told for twenty centuries and more of how the brave Spartans kept the pass at Thermopylae against the hordes that sought to destroy the civilization of that day, so for 152 JOURNAL OF THE CONVENTION. Address of His Excellency Baron Moncheur. twenty centuries and more yet to come it shall be told among men and the praises of the Belgians shall be sung because they too have kept the pass and saved the civilization of the present day. On behalf, then, Sir, of this Convention of Massachusetts, take back this message to your noble King. Tell him that Massa- chusetts, that owes allegiance to no man but to principle ever, holds him in the highest regard and esteem because in the hour of the great crisis he has shown an unquenchable spirit, and a self-sacrifice and devotion in the service of his stricken people that marks him, indeed, a king among men. And take back to your struggling people this message also from Massachusetts. Massachusetts, that is never so happy as when she is seeking to right the wrongs of mankind, is happy today because she is en- gaged in the great conflict shoulder to shoulder with Belgium and with France, with England and Italy and Russia, and we are all facing one way. It has come to pass that our young men are already three thousand miles on the way to Berlin, and we do not propose that they shall stop until it shall appear that the despotism that threatens humanity has been overthrown, that the faith of nations has been justified, that Belgium has been restored to her "place in the sun," and that the great principles for which she has fought and suffered so much have become the controlling principles of all the nations of the earth. Gentlemen of the Convention, it gives me a rare pleasure to present to you the head of the Belgian Envoys, His Excellency Baron Moncheur. Response was made by His Excellency Baron Moncheur, as follows: MR. PRESIDENT, YOUR EXCELLENCY, YOUR HONOR, GENTLE- MEN OF THE CONVENTION: On behalf of my colleagues and myself I thank you not only for your cordial reception and for your hearty words of welcome, but also for the sympathetic thought which has inspired you to invite us to celebrate within your hospitable gates the third anniversary of the commence- ment of the war. May there never be again such an anniversary, and may there never be again such a war. Indeed we feel confident that vic- tory is now in sight and that the world shall again enjoy a long reign of peace. For America has bared her mighty arm and she will not again sheathe the sword until right and justice are vin- dicated and the world made safe for all honest nations. We have a right to celebrate this third anniversary with re- joicing, for the third year of the war is America's year the year in which your great republic has thrown her mighty sword into the scales the year which makes certain the triumph of liberty and of final overthrow of military autocracy. That is an end worth waiting for, worth fighting for, worth all the sacrifices that have been made and that are still to be made. For life is not so dear, nor peace so sweet, as to be purchased at the price of chains and liberty. It is a great privilege to be able to celebrate this anniversary within the borders of your Commonwealth, which is so identified I FRIDAY, AUGUST 3, 1917. 153 with the cause of human freedom, and almost within the shadow of Faneuil Hall, which your great fellow citizen, Webster, has called "The Cradle of American Liberty"! We have come to America at our King's behest to express to the government of the United States, and through it to all the people of your great and noble nation, the gratitude of our sovereign and of every Belgian for all that you have done in the past and for all that you are now doing to alleviate the sufferings of our people, and for all that you are about to do to aid us win back our independence. We count ourselves fortunate to be able to come in person to Boston and to have the opportunity of thanking you with our own lips for your generosity and for your sympathy and help. And it is a special privilege to have the honor of expressing these sentiments to this distinguished Con- vention. Three years ago today, August the third, 1914, my country was free. On the second of August, in the evening, my govern- ment had received a most insulting ultimatum from Germany, demanding unimpeded passage for her troops and offering a bribe to sell our honor and to disregard our plighted word. We were given twelve hours within which to reply. The time was more than enough. Yes, there could be only one answer. The King summoned his cabinet and his ministers of state. They were all of one mind. In fact, there was absolute unanimity of thought in every Belgian mind, and there was not a dissenting voice in the council of the King. Belgium's reply was sent to the German legation by seven o'clock in the morning of August the third. You all know the substance of that reply. One sentence of the document reads: "The Belgian government, if they were to accept the proposals submitted to them, would sacrifice the honor of the nation and betray their duties toward Europe." Neither Belgium's liberty nor her honor were for sale. This day three years ago was an anxious day in Belgium. We asked the diplomatic support of the powers who had guaranteed our neutrality, but we asked their diplomatic support only. A request for military support was, after careful consideration, deliberately deferred until Germany should have consummated her crime by sending troops into our territory. We were careful to give her no pretext whatever for claiming that we had violated our neutral obligations in favor of her enemies until she had actually consummated her threatened crime. The third of August was therefore a day of anxious waiting; but at half-past nine on the morning of the fourth we received a telegram that Belgian territory had been violated by German troops at Gemnenich, a little village close to the frontier and a few miles from Aix-la-Chapelle. The invading forces had been met by Belgian gendarmes on guard at this frontier post. Blood had flowed; the die was cast. You all know what has happened since that fateful day three years ago. My country has been ravaged with fire and sword. Old men, women and children have been deliberately and ruth- lessly massacred. Our raw materials and our crops have been seized without payment, our factories have been destroyed, our 154 JOURNAL OF THE CONVENTION, machinery has been stolen and sent into Germany; and, crown- ing infamy of the centuries, our workmen have been torn from their homes and sent into slavery. The Belgian people still stand caged behind steel bars, formed of German bayonets. Those who have escaped fire and sword and nameless evils are still hungry, famished and enslaved, ground down beneath the heel of the tyrant. But their courage remains unbroken and unbreakable. No true-hearted Belgian regrets the decision which was made three years ago. They are ready to lay down their lives for liberty. They know that in the end justice will triumph. As our King said three years ago, "A country which defends itself commands the respect of all the world and cannot perish!" Through all our trials and sufferings the American nation has been our constant and unfailing friend. You have clothed the naked and fed the hungry. Above all, you have given us your sympathy and your support. And now you are doing still more. You are sending us the flower of your youth to fight shoulder to shoulder with our troops in the great battle for the freedom of the world. You have been our friends. Now you are more than our friends you are our allies and our brothers in arms. Your people are animated by the spirit of the men who fought at Lexington, Concord and Bunker Hill. You are not fighting for aggrandizement nor for gain; you are fighting for our liberty, . for your own liberty, and for the liberty of the world. It must be a fight to the finish, and the finish must be right. Military autocracy must be crushed down crushed that it will never again be able to disturb the peace of the world. May that day soon come when we shall together acclaim the triumph of our common cause. His Excellency, His Honor, Baron Moncheur, the Mayor and other guests then withdrew. The President announced that op- portunity would immediately be given the members to greet in person the distinguished guests in Memorial Hall. On motion of Mr. Powers of Newton the addresses of the Governor, the President and Baron Moncheur were ordered printed as a part of the records of the Convention. Subsequently the Secretary received a communication from His Excellency Baron Moncheur "deeply appreciating the sympa- thetic sentiments displayed by the Constitutional Convention in voting to include my remarks in the records of the Convention". At twenty-seven minutes after eleven o'clock, on motion of Mr. Underbill of Somerville, the Convention adjourned, to meet on Tuesday next at half-past ten o'clock A.M. TUESDAY, AUGUST 7, 1917. 155 TUESDAY, August 7, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Francis E. Webster of Waltham, a member of the Convention. Extension of Time for Certain Reports. On motion of Mr. Luce of Waltham, - Ordered, That the committees on Amendment and Codification Reports of of the Constitution, the Judiciary, Public Affairs, Social Welfare, State Administration, and State Administration and the Execu- time tive (sitting jointly) be granted until Tuesday, August 14, in which to report on matters before them. Leave of Absence. On motion of Mr. Hicks of Fall River, Ordered, That Mr. Whitehead of Fall River be granted leave James of absence, under Rule 13, because of duties devolving upon him Whltehead - as a member of a draft-exemption board. On motion of Mr. Cusick of Boston, Ordered, That Mr. Merriam of Framingham be granted leave johnM. of absence, under Rule 13, because of duties devolving upon him Merriam - as a member of a draft-exemption board. Committee Discharged. Mr. Gates of Westborough, for the committee on the Executive, Attorney- reported asking to be discharged from the further considera- ^"o^mT tion of so much of the .Resolution- relative to the appointment by the GOV of the Attorney-General by the Governor and of the district er attorneys by the Attorney-General (Doc. No. 161) as relates to the appointment of the Attorney-General by the Governor, and recommending that the same be referred to the committees on State Administration and the Executive, sitting jointly. The report was read and accepted; and accordingly reference was made as recommended. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. Resolutions Relative to the election of judges (Doc. No. 95); Relating to the election and recall of judicial officers (Doc. No. id. 200); and 156 JOURNAL OF THE CONVENTION, Judges, - election. Id. Relative to authorizing the General Court to provide for the election of judges (Doc. No. 198); Were severally considered; and the proposals were severally rejected, as recommended by the Committee of the Whole. The petition of the Massachusetts State Branch of the Ameri- can Federation of Labor, accompanied by Resolution providing a method for the election of judges (Doc. No. 199), was considered; and the petitioner was given leave to withdraw, as recommended by the Committee of the Whole. Committee of the Whole. Judges, election. Judges, tenure. Id. Id. Id. Judges, confirmation. Judges, salaries. General Court, powers. Rights of the people. Judges, tenure, etc. Prompt remedy in law. Poor debtors, imprison- ment. State departments, ordinances. Committee of the Whole. On motion of Mr. Edwin U. Curtis of Boston the Convention resolved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The President appointed Mr. Curtis to take the chair. Subsequently Mr. Curtis, for the Committee, reported that the Resolution relative to the election of judges by the people (Doc. No. 197); The Resolution relative to limiting the tenure of judicial officers to ten years (Doc. No. 194); The Resolution providing for the appointment of judges for specific terms (Doc. No. 193); The Resolution relative to the appointment of judicial officers for a term of seven years (Doc. No. 192); The Resolution relative to the tenure of office of the judiciary (Doc. No. 191); The Resolution to provide for the confirmation of judicial ap- pointments by other than a political body (Doc. No. 201); The Resolution relative to the salaries of judicial officers (Doc. No. 91); The Resolution relative to prohibiting the delegation of its powers by the General Court (Doc. No. 171); The Resolution providing that the enumeration of rights shall not impair or deny other rights of the people (Doc. No. 147), severally ought not to pass; Also that the proponent of the Resolution providing for the ap- pointment, removal and retirement of judges and their tenure of office (Doc. No. 96) have leave to withdraw the same; Also that no action is necessary on the order relative to the expediency of so revising the Constitution as to give efficacy to the eleventh article of the Declaration of Rights, granting the subject a certain remedy in law, promptly and without delay; and on The order relative to further protection in the Bill of Rights against unjust and oppressive imprisonment of poor debtors; And the resolutions and orders were severally placed in the Orders of the Day for the next session. Mr. Curtis also reported that the Resolution relative to the issuing of ordinances by departments, commissions, boards and other administrative agencies (Doc. No. 269) had been under consideration, but that no conclusion was reached. TUESDAY, AUGUST 7, 1917. 157 At one o'clock, under the provisions of a standing order, the Recess. President declared a recess until two o'clock; at which hour the Convention reassembled. On motion of Mr. Edwin U. Curtis of Boston the Convention Committee resolved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The President appointed Mr. Curtis to take the chair. Subsequently Mr. Curtis, for the Committee, reported recom- state depart- mending that the Resolution relative to the issuing of ordinances by departments, commissions, boards and other administrative agencies (Doc. No. 269) be committed to the committees on State Administration and the Executive, sitting jointly. The question on this recommendation was put forthwith, and it was adopted; and accordingly the resolution was committed as recommended. Mr. Curtis also reported that the Resolution to provide for the Federal submission to the people of amendment or amendments to the - Constitution of the United States before any action can be taken ments - thereon by the General Court (Doc. No. 93) ought not to pass; and the resolution was placed in the Orders of the Day for the next session. Mr. Curtis also reported that the Resolution to provide for initiative and establishing the initiative and referendum (Doc. No. 335) had re been under consideration, but that no conclusion was reached. At five minutes before four o'clock, on motion of Mr. Dennis D. Driscoll of Boston, the Convention adjourned, to meet to- morrow at half-past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE, TUESDAY, August 7, 1917. Mr. Edwin U. Curtis of Boston in the chair. Resolutions Relative to the election of judges by the people (Doc. No. 197); judges, Relative to limiting the tenure of judicial officers to ten years election - (Doc. No. 194); *- Providing for the appointment of judges for specific terms Id (Doc. No. 193); Relative to the appointment of judicial officers for a term of id. seven years (Doc. No. 192) ; Relative to the tenure of office of the judiciary (Doc. No. 191); Id To provide for the confirmation of judicial appointments by Ju dges, other than a political body (Doc. No. 201); confirmation. 158 JOURNAL OF THE CONVENTION, Judges, salaries. General Court, powers. Rights of the people. Judges, tenure, etc. Prompt remedy in law. Poor debtors, imprisonment. State depart- ments, ordinances. Relative to the salaries of judicial officers (Doc. No. 91); Relative to prohibiting the delegation of its powers by the General Court (Doc. No. 171); Providing that the enumeration of rights shall not impair or deny other rights of the people (Doc. No. 147); Were severally considered; and the Committee voted, in each instance, to recommend that the resolution ought not to pass. The Resolution providing for the appointment, removal and retirement of judges and their tenure of office (Doc. No. 96) was considered; and the Committee voted to recommend that the proponent have leave to withdraw the same. The order relative to the expediency of so revising the Con- stitution as to give efficacy to the eleventh article of the Decla- ration of Rights, granting the subject a certain remedy in law, promptly and without delay; and The order relative to further protection in the Bill of Rights against unjust and oppressive imprisonment of poor debtors; Were severally considered; and the Committee voted, in each instance, to recommend that no action is necessary. The Resolution relative to the issuing of ordinances by depart- ments, commissions, boards and other administrative agencies (Doc. No. 269) was considered. Mr. Luce of Waltham moved that the Committee recommend that the resolution be committed to the committees on State Administration and the Executive, sitting jointly. After debate, and without action on the motion, Mr. Wash- burn of Worcester moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. Quorum. State depart- ments, ordinances. Federal Constitution, amend- ments. After the recess the Committee resumed consideration of its Docket, Mr. Curtis being in the chair. Mr. Brown of Brockton asked for a count of the Committee to ascertain if a quorum was present. A count showed that 78 members were present. On motion of the same member the Sergeant-at-Arms was instructed to secure the presence of a quorum. On the appearance of a quorum the Resolution relative to the issuing of ordinances by departments, commissions, boards and other administrative agencies (Doc. No. 269) was considered further. After debate the foregoing pending motion of Mr. Luce was adopted, by a vote of 131 to 101. The Resolution to provide for the submission to the people of amendment or amendments to the Constitution of the United States before any action can be taken thereon by the General Court (Doc. No. 93) was considered; and the Committee voted to recommend that the resolution ought not to pass. TUESDAY, AUGUST 7, 1917. 159 The Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered. After debate, and without action on the resolution, Mr. Hale of Boston moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. 160 JOURNAL OF THE CONVENTION, WEDNESDAY, August 8, 1917. Met according to adjournment, at half-past ten o'clock A.M. The Secretary announced the temporary absence of the Presi- dent, and stated that Mr. Kenefick of Palmer had been ap- pointed to perform the duties of the Chair. Prayer was offered by Rev. Arcturus Z. Conrad, D.D., of Boston. Petition. Public^ A petition of the Third Baptist Church of Fall River in aid of Appropriations, the Resolution to prohibit the support of sectarian institutions from public funds (Doc. No. 66) and protesting against the sub- stitution of any amendment prohibiting appropriations of public money to private institutions, was placed on file. Leave of Absence. On motion of Mr. Crosby of Arlington, Asa P. French. Ordered, That Mr. French of Randolph be granted leave of absence, under Rule 13, because of duties devolving upon him as a member of a draft-exemption board. On motion of Mr. Harriman of New Bedford, - Ordered, That Mr. O'Connell of Salem be granted leave of absence, under Rule 13, from August 14 to 17, inclusive. On motion of Mr. Bullock of New Bedford, Ordered, That Mr. Doran of New Bedford be granted leave of absence, under Rule 13, because of duties devolving upon him as a member of a district-exemption board. John P. O'Connell. James P. Doran. Initiative and referen- dum, minority views. Natural resources, public interest. Views on the Initiative and Referendum. The following order, offered by Mr. Hale of Boston, was re- ferred, under the provisions of a standing order, to the com- mittee on Rules and Procedure: Ordered, That two thousand additional copies of Convention Document No. 343, being the minority report on the subject of the initiative and referendum, be printed; and that the text of said document be included in the volume of reported Debates of the Convention. Report of a Committee. By Mr. Anderson of Brookline, for the committee on Public Affairs, that the Resolution (recommitted) relative to the public interest in natural resources (Doc. No. 321) ought to pass in a new draft with the same title (Doc. No. 344) [Mr. Clapp of Lexington dissenting]. The report was read; and the resolution was referred, under the rule, to the Committee of the Whole. WEDNESDAY, AUGUST 8, 1917. 161 Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. Resolutions To provide for the confirmation of judicial appointments by Judges, other than a political body (Doc. No. 201); Relative to prohibiting the delegation of its powers by the General General Court (Doc. No. 171); SS&.~~ Providing that the enumeration of rights shall not impair or Rights of the deny other rights of the people (Doc. No. 147); and people. To provide for the submission to the people of amendment or Federal amendments to the Constitution of the United States before any 2? action can be taken thereon by the General Court (Doc. No. 93); Were severally considered; and the proposals were severally rejected, as recommended by the Committee of the Whole. The order relative to the expediency of so revising the Con- Prompt stitution as to give efficacy to the eleventh article of the Decla- faw. edyin ration of Rights, granting the subject a certain remedy in law, promptly and without delay; and The order relative to further protection in the Bill of Rights Poor debtors, against unjust and oppressive imprisonment of poor debtors; Were severally considered; and the recommendations of the Com- mittee of the Whole (no action necessary) were severally accepted. The Resolution relative to the election of judges by the people Judges, (Doc. No. 197) was considered. Mr. James H. Brennan of Boston moved that the resolution be recommitted to the Committee of the Whole. After debate the question was put, and 88 members voted in the affirmative and 89 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Mancovitz of Boston; and on the roll call 131 members voted in the affirmative and 109 in the negative, as follows: YEAS. Messrs. Adams, Brooks Messrs. Butler, A. Webster Anderson, George W. Buttrick, Allan G. Aylward, James F. Callahan, Timothy F. Barrett, James T. Clapp, Robert P. Bartlett, Horace I. Clark, Ezra W. Bates, Sanford Codman, James M., Jr. Bauer, Ralph S. Coleman, George W. Begley, John S. Cooney, Charles P. Bergengren, Roy F. Corrigan, Robert S. Bigney, Robert E. Creamer, Walter H. Bodfish, John D. W. Curtis, Arthur B. Bouve', Walter L. Curtis, Charles P., Jr. Brackett, John Q. A. Daley, Peter Brennan, James H. Delaney, Louis F. Brennan, James J. Delano, Robert T. Broderick, Patrick S. Derbyshire, James H. Brown, E. Gerry Doe, Orestes T. Bullock, William J. Donovan, Daniel R. Burrell, Fred J. Donovan, James A. 162 JOURNAL OF THE CONVENTION, Messrs. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Finn, E. Philip Flynn, Maurice R. Garland, Francis P. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Graumann, John Hale, Edward R. Hale, Matthew Hall, Isaac Freeman Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Hibbard, Charles E. Hoitt, Augustus J. Horgan, Francis J. Keliher, John A. Kelley, George W. KeUey, Thomas R. Kelly, Luke L. Kenefick, Thomas W. Lane, Daniel W. Lane, D wight F. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Lomasney, Martin M. Love, Joseph A. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Marshall, Daniel J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph MitcheU, John Moran, William Moriarty, James T. Messrs. Adams, Smith J. Anderson, Frederick L. Bailey, Charles O. Bailey, J. Warren Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bassett, Edmund Batchelder, Albert W. Bennett, Frank P. Besse, Harold A. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Boucher, Joseph Zoe'l Boyer, Elmer E. Brine, Henry C. Messrs. Moynihan, James J. Murley, Joseph J. Murphy, John L. Myron, John F. Nestor, Patrick F. Newton, H. Huestis O'Connell, John J. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Perry, Augustus W. Peterson, Patrick Pillsbury, Albert E. Powers, Samuel L. Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Richardson, Edward A. Rieutord, Louis O. Robbins, Edward J. Sawyer, Roland D. Scigliano, Alfred P. Shaw, Michael F. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Smith, Jerome S. SparreU, Ernest H. Stoeber, Charles Sullivan, Joseph M. SuUivan, William H. Sullivan, William J. Theller, Ralph L. Thompson, Edward Thompson, John L. Trefry, William D. T. Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Washburn, Charles G. Webster, Francis E. Weekes, George LeRoy Whipple, Sherman L. Whittier, Eugene P. Winslow, Guy M. NAYS. Messrs. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Burns, William A. Chase, Mial W. Choate, Charles F., Jr. Clark, Chester W. Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Rufus H. Coombs, Zelotes W. Costello, Francis M. Crafts, Lyman A. Craven, John H. Creed, James F. Crosby, J. Ho well WEDNESDAY, AUGUST 8, 1917. 163 Messrs. Crossley, William Cyril Cummings, John W. Curtis, Edwin U. Dale, George H. Davis, Elbridge G. Davis, William R. Dean, Robert A. Douglass, John J. Dresser, Frank F. Dutch, Charles Frederick Ellis, Theodore W. Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Gates, Joseph S. Gay lord, Henry E. George, Samuel W. Granfield, William J. Hall, Elisha S. Hall, Frederick S. Harrington, Patrick H. Hicks, George H. Hobbs, Clarence W., Jr. Howard, Charles P. Hutchings, Henry M. Jones, George R. Kilbon, John L. Kinney, William S. Kneil, Arthur S. Knotts, J. Franklin Leonard, Joseph J. Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Messrs. Lyman, Frank E. Malone, Dana Mansfield, John J. McAnarney, John W. McCaffrey, George H., Jr. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Nutting, Edward H. Parker, Herbert Parkman, Henry Richardson, James P. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Talbot, Harry R. Tatman, Charles T. Thompson, Hubert C. Tilton, Rufus H. Turner, Joseph Walcott, Robert Washburn, Albert H. Waterman, George B. Webster, George P. Wellman, Arthur Holbrook Wheeler, William White, John A. Willett, George Franklin Williams, Fred Homer Wilson, William H. Wing, Herbert Wood, Charles J. Youngman, William S. 131 yeas; 109 nays. Therefore the motion of Mr. Brennan was adopted; and, ac- cordingly, the resolution was recommitted to the Committee of the Whole. Resolutions Relative to limiting the tenure of judicial officers to ten years judges, (Doc. No. 194); tenure - Providing for the appointment, removal and retirement of Id - judges and their tenure of office (Doc. No. 96); Providing for the appointment of judges for specific terms id. (Doc. No. 193); Relative to the appointment of judicial officers for a term of w. seven years (Doc. No. 192); Relative to the tenure of office of the judiciary (Doc. No. 191); id. and Relative to the salaries of judicial officers (Doc. No. 91); Judges, Were severally recommitted to the Committee of the Whole, as motions of Mr. Finn of Chelsea. 164 JOURNAL OF THE CONVENTION, Committee of the Whole. Initiative and referendum. Committee of the Whole. Initiative and referendum. Committee of the Whole. On motion of Mr. Bates of Boston the Convention resolved itself into Committee of the Whole, for the purpose of consider- ing the matters on its Docket. The Chair appointed Mr. Bates as chairman of the Committee. Subsequently Mr. Bates, for the Committee, reported that the Resolution to provide for establishing the initiative and refer- endum (Doc. No. 335) had been under consideration, but that no conclusion was reached. At one o'clock, under the provisions of a standing order, the Chair (Mr. Kenefick of Palmer) declared a recess until two o'clock; at which hour the Convention reassembled, with the President in the chair. On motion of Mr. Bates of Boston the Convention resolved itself into Committee of the Whole, for the purpose of consider- ing the matters on its Docket.' The President appointed Mr. Bates to take the chair. Subsequently Mr. Bates, for the Committee, reported that the Resolution to provide for establishing the initiative and refer- endum (Doc. No. 335) had been under consideration, but that no conclusion was reached. At two minutes after four o'clock, on motion of Mr. Coolidge of Milton, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. JOUENAL OF THE COMMITTEE OF THE WHOLE, WEDNESDAY, August 8, 1917. Mr. Bates of Boston in the chair. Jeferend r um nd The Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered further. After debate, and without action on the resolution, Mr. Hale of Boston moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. id. After the recess the Committee resumed consideration of its Docket, Mr. Bates being in the chair. On the appearance of a quorum the Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered further. After debate, and without action on the resolution, Mr. Edwin U. Curtis of Boston moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. THUESDAY, AUGUST 9, 1917. 165 THURSDAY, August 9, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Parris T. Farwell of Newton, Associate Editor of The Congregationalist and Christian World. Proposed Amendments of Rules. The following order, offered by Mr. Bodfish of Barnstable, was referred to the committee on Rules and Procedure, on motion of Mr. Lowe of Fitchburg: Ordered, That Rule 34 be amended so as to read as follows: 34. If the Committee of the Whole reports that a pro- Rule 34, posal to amend the Constitution which has been referred to it amendment, ought not to pass, the question shall be: "Shall the proposal be adopted?" If the Convention votes in favor of adoption, the proposal shall be read and placed in the Orders of the Day for the next session for a second reading. The following order, offered by Mr. Bouve of Hingham, was referred to the committee on Rules and Procedure, on motion of Mr. Lowe of Fitchburg : Ordered, That Rule 32, relative to procedure in Committee of Rule 32, the Whole, be amended by striking out, in lines 8 and 9, the ai words "the yeas and nays shall not be called;". Committee of the Whole. n motion of Mr. Parkman of Boston the Convention resolved Committee of f into Committee of the Whole, for the purpose of considering ti the matters on its Docket. The President appointed Mr. Parkman to take the chair. Subsequently Mr. Parkman, for the Committee, reported that initiative and the Resolution to provide for establishing the initiative and referendum - referendum (Doc. No. 335) had been under consideration, but that no conclusion was reached. t one o'clock, under the provisions of a standing order, the R ec ess. sident declared a recess until two o'clock; at which hour Convention reassembled. )n motion of Mr. Washburn of Worcester the Sergeant-at- Quorum. is was instructed to secure the presence of a quorum. )n the appearance of a quorum the Convention, on motion committee of r. Parkman of Boston, resolved itself into Committee of the the Whole - lole, for the purpose of considering the matters on its Docket. The President appointed Mr. Parkman to take the chair. 166 JOURNAL OF THE CONVENTION, r2erendum nd Subsequently Mr. Parkman, for the Committee, reported that the Resolution to provide for establishing the initiative and referendum (Doc. No. 335) had been under consideration, but that no conclusion was reached. At four minutes before four o'clock, on motion of Mr. Wash- burn of Middleborough, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE. Initiative and referendum. Id. THURSDAY, August 9, 1917. Mr. Parkman of Boston in the chair. The Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered further. After debate, and without action on the resolution, Mr. Churchill of Amherst moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. After the recess the Committee resumed consideration of its Docket, Mr. Parkman being in the chair. The Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered further. After -debate, and without action on the resolution, Mr. Hale of Boston moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. FRIDAY, AUGUST 10, 1917. 167 FRIDAY, August 10, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Robert P. Anderson of Boston, Associate Editor of The Christian Endeavor World. Quorum. Mr. Feiker of Northampton moved that the Sergeant-at-Arms Quroum. be instructed to secure the presence of a quorum; and this motion was adopted. Proposed Amendment of Rule 82. Mr. Underbill of Somerville, for the committee on Rules and Procedure, reported recommending that the following order ought not to be adopted: Ordered, That Rule 32, relative to procedure in Committee of ^j|^~ t the Whole, be amended by striking out, in lines 8 and 9,' the ai words "the yeas and nays shall not be called;". The report was read; and the order was considered forthwith and was rejected. Views on the Initiative and Referendum. Mr. Hall of Taunton, for the committee on Rules and Pro- cedure, reported recommending that the following order ought to be adopted: Ordered, That two thousand additional copies of Convention initiative and Document No. 343, being the minority report on the subject of IffJS^ 1 the initiative and referendum, be printed; and that the text of views. said document be included in the volume of reported Debates of the Convention. The report was read; and the order was considered forthwith and was adopted. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution relative to the support of certain institutions Public funds, from public funds (Doc. No. 338 as corrected by the commit- iJ on ' P ; propria ~ tee on Form and Phraseology see Doc. No. 347, pages 5 and 6) was considered. Mr. Loring of Beverly, for the committee on Form and Phrase- ology, reported recommending that the resolution be amended by the substitution of a resolution with the same title (printed in Doc. No. 347, pages 8 and 9). Mr. Bryant of Milton moved that the further consideration of the resolution be postponed until Tuesday next; and this motion, after debate, was negatived. After further debate Mr. Boyden of Deerfield moved that tEe Mr. Boyden, - resolution be amended by adding at the end thereof the words amendment - 168 JOURNAL OF THE CONVENTION, Mr. Morton, - amendment. Mr. George, - .amendment. Mr. Lomasney, amendment. Mr. Anderson, amendments. Mr. Bates, amendment. Mr. Curtis, - amendment. Mr. Washburn, amendment. Mr. Bryant, amendment. Mr. Richard- son, amend- ment. "But nothing herein contained shall be construed to prevent any town from raising and appropriating money for such academies in the commonwealth wherein no denominational doctrine is inculcated as are open to the public in any town not maintaining a high school or specifically exempted therefrom." Mr. Morton of Fall River moved that the resolution be amended by inserting after the word "town", in line 31 (Doc. No. 347, page 6), the words " , and to carry out legal obligations, if any, already entered into". Mr. George of Haverhill moved that 'the resolution be amended by the substitution of a Resolution guaranteeing freedom of religious worship and prohibiting religious discrimination and the public support of sectarian institutions (Doc. No. 341). Mr. Lomasney of Boston moved that the resolution be amended by inserting before the word "agents", in line 27 (Doc. No. 347, page 6), the word "public". Mr. Anderson of Newton moved that the resolution be amended by inserting after the word "learning", in line 22 (Doc. No. 347, page 6), the words ", whether under public control or other- wise,"; by inserting after the word "school,", in line 24, the words "or any"; and by inserting after the word "not", in line 25, the words "publicly owned and". Mr. Bates of Boston moved that the amendment moved by Mr. Morton of Fall River be amended by striking out the word "legal". Mr. Edwin U. Curtis of Boston moved that the resolution be amended by striking out, in lines 30 and 31 (Doc. No. 347, page 6), the words "libraries open to the public in any city or town", and inserting in place thereof the words "free public libraries". Mr. Washburn of Worcester moved that the resolution be amended by adding at the end thereof the words "Nothing in this amendment shall in any way affect chapter 78 of the acts and resolves of 1911, being a resolve in favor of the Massachu- setts Institute of Technology, and chapter 87 of the acts and resolves of 1912, being a Resolve in favor of the Worcester Polytechnic Institute." Mr. Bryant of Milton moved that the resolution be amended by adding at the end thereof the words "Provided that nothing herein contained shall prevent the appropriation and payment to the Massachusetts Institute of Technology of the sums granted to it under chapter 78 of the resolves of 1911 as amended, or to the appropriation and payment to the Worcester Polytechnic Institute of the sums granted to it under chapter 87 of the re- solves of 1912." Mr. Richardson of Newton moved that the amendment moved by Mr. Boy den be amended by adding after the word "acade- mies" the words "now existing". After further debate, and without action on the pending amendments, At one o'clock, under the provisions of a standing order, the President declared the Convention adjourned, to meet on Tuesday next at half-past ten o'clock A.M. TUESDAY, AUGUST 14, 1917. 169 TUESDAY, August 14, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. John W. Hamilton, D.D., of Wash- ington, Bishop of the Methodist Episcopal Church and Chancellor of the American University at Washington. Death of Honorable Dana Malone. Mr. Parker of Lancaster announced the death, on Monday, Death of August 13, of Honorable Dana Malone of Greenfield, and offered the following resolutions: Whereas, The members of the Massachusetts Constitutional Convention, having learned with profound sorrow of the death, without warning, of their late associate and colleague, the Honorable Dana Malone of Greenfield; now in session assembled be it Resolved, That the members of the Convention recognize and record their grateful appreciation of the valuable and efficient service and of the devoted public spirit of their late colleague in the admirable performance of his duties to this Convention, and to his constituents the people of the Commonwealth; Resolved, That the members of the Convention deplore the loss of his inspiring, helpful companionship, and his wise counsel, upon which they had relied for the further performance of their labors; Resolved, That, in the expression of the respectful sympathy of the members of the Convention, a copy of these resolutions be transmitted to the family of their late colleague and friend; Resolved, That the President of the Convention be respectfully requested to make such order in behalf of the Convention as may be appropriate in this solemn event which has stayed its delibera- tions. And as further mark of respect be it also Resolved, That the Convention do now adjourn for the day. The resolutions were read by Mr. Parker, and they were unanimously adopted by a rising vote. Accordingly, at ten minutes before eleven o'clock, the Presi- dent declared the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. 170 JOURNAL OF THE CONVENTION, WEDNESDAY, August 15, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Francis E. Clark, D.D., of Saga- more, Founder and President of the Young People's Society of Christian Endeavor. Funeral of the late Honorable Dana Malone. Funeral of Honorable Dana Malone. The President announced the appointment of Messrs. Parker of Lancaster, Walsh of Fitchburg, Hibbard of Pittsfield, French of Randolph, Pillsbury of Wellesley, Boynton of Everett, Luce of Waltham, Kenefick of Palmer, Cox of Boston, Hutchings of Dedham, Ferrey of Pittsfield, Clapp of Lexington, Giddings of Great Barrington, Hall of Orange, Feiker of Northampton, Kinney of Boston, Boyden of Deerfield, Gleason of Andover and McLaud of Greenfield to serve with him as a special committee of the Convention to attend the funeral of the late Honorable Dana Malone, to be held in Greenfield, Thursday, August 16. Reports of committees, extension of time. Extension of Time for Certain Reports. On motion of Mr. Hall of Taunton, Ordered, That the committees on Amendment and Codification of the Constitution, the Judiciary, Public Affairs, Social Welfare, State Administration, and State Administration and the Execu- tive (sitting jointly) be granted until Tuesday, August 21, in which to report on matters before them. State insurance funds. state industrial and commercial Remonstrances. A remonstrance of Robert S. Hoffman and others against the passage of any resolution authorizing the General Court to create state insurance funds, was placed on file. A remonstrance of the Baker-Vawter Company of Holyoke against any amendment authorizing the Commonwealth to en- gage in industrial or commercial enterprises in competition with its citizens, as embodied in Convention documents Nos. 319 and 327, was placed on file. Submission of Minor Perfecting Amendments. On motion of Mr. Fitz-Randolph of Nantucket, Constitution, Ordered, That the committee on Amendment and Codification iSg n am?nd! ct " of the Constitution consider the advisability of submitting an ments. amendment to the people containing minor perfecting amend- ments not of a controversial nature. WEDNESDAY, AUGUST 15, 1917 171 Compensation of Secretary's Assistants. Mr. Wonson of Gloucester, for the Committee on Contingent Expenses 'and Pay-Roll, reported (at the request of the Secretary of the Convention) recommending the adoption of the following order: Ordered, That the following additional compensation for the Secretary's clerical assistants in the office of the Secretary of the Convention, from June 6, be approved: Two clerical assistants, $2 per diem; one clerical assistant, $1 per diem. The report was read; and the order was considered forthwith and was adopted. Reports of the Committee of the Whole. Mr. Pillsbury of Wellesley, for the committee on Rules and Rules 33 and Procedure, to whom was referred an order proposing an amend- ment of Rule 34, reported recommending that Rules 33 and 34 be consolidated as Rule 33, as follows: 33. When the Committee of the Whole reports upon a resolution embodying a proposal to amend the Constitution, it shall be read and placed in the Orders of the Day for the next session, and shall then be open to amendment before the question is taken on ordering it to a second reading. The report was read; and, pending the question on its ac- ceptance, the further consideration thereof was postponed until the next session, on motion of Mr. Chandler of Somerville. Report of a Committee. By Mr. McLaud of Greenfield, for the committee on Public casualty Affairs, that the Resolution to empower the General Court to JJJJ^J^ make absolute the liabilities of casualty insurance companies to absolute persons injured by accident (Doc. No. 256) ought not to pass. The report was read; and the resolution was referred, under the rule, to the Committee of the Whole. Adjournment and Hour of Meeting. Mr. Barnes of Mansfield moved that, when the Convention Next session. adjourns to-day, it adjourn to meet on Tuesday next at one o'clock P.M. Mr. Lowell of Newton moved that, when the Convention adjourns to-day, it adjourn to meet on Monday next at one o'clock P.M. After debate the question was put on the motion of Mr. Barnes, that motion having precedence, and the same prevailed. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution relative to the support of certain institutions Public funds, from public funds (Doc. No. 338 as corrected by the commit- T 172 JOURNAL OF THE CONVENTION, Mr. Curtis, - amendment. Mr. Powers, - amendment. Mr. Anderson, amendment. Mr. Blackmur, amendments Limit of debate. Adjournment. tee on Form and Phraseology see Doc. No. 347, pages 5 and 6), being the unfinished business of the last session, was considered further. Mr. Edwin U. Curtis of Boston (Mr. Underhill of Somerville being in the chair) withdrew the amendment previously moved by him, there being no objection. The same member then moved that the resolution be amended by striking out, in lines 30 and 31 (Doc. No. 347, page 6) the words "libraries open to the public", and inserting in place thereof the words " free public libraries ". After debate Mr. Powers of Newton moved that the resolution be amended by inserting after the word "expended", in line 18, (Doc. No. 347, page 5) the words ", or of such state authorities as the legislature may direct". At one o'clock, under the provisions of a standing order, the President declared a recess until two o'clock; at which hour the Convention resumed consideration of the resolution. Mr. Anderson of Newton moved that the resolution be amended by adding at the end thereof (Doc. No. 347, page 7) the following: "SECTION . This amendment shall not take effect until the October first next succeeding its ratification and adoption by the people." After debate Mr. Blackmur of Quincy moved that the resolu- tion be amended by striking out, in line 24 (Doc. No. 347, page 6), the words "infirmary, hospital, institution, or"; by striking out, in line 25, the word "charitable"; by striking out, in lines 29 and 30, the words "the maintenance and support of the Soldiers' Home in Massachusetts and for"; by striking out, in line 39, the words "hospitals, infirmaries, or"; and by strik- ing out, in line 42, the words "hospitals, infirmaries or". After further debate Mr. James H. Brennan of Boston moved that debate be closed at half-past three o'clock, unless a vote be sooner reached; that speeches be limited to ten minutes each; and that the member of the committee in charge of the resolu- tion be allowed the last ten minutes. Mr. Leonard of Boston moved that the motion be amended by striking out the words "half -past three", and inserting in place thereof the words "half -past four". Mr. Sawyer of Ware moved that the motion be amended by striking out the words "ten minutes", and inserting in place thereof the words "five minutes". After debate the amendment moved by Mr. Sawyer was adopted, by a vote of 125 to 114; the amendment moved by Mr. Leonard was rejected, by a vote of 95 to 143; and the motion of Mr. Brennan, as amended, was then negatived, by a vote of 101 to 134. After further debate Mr. Edwin U. Curtis moved that the Convention adjourn; and this motion was adopted, by a vote of 152 to 57. Accordingly, at five minutes past four o'clock, the Convention adjourned, to meet on Tuesday next at one o'clock P.M. WEDNESDAY, AUGUST 15, 1917. 173 Statements Ordered Printed. 1 Mr. Loring of Beverly: Mr. President, as chairman of the Free public committee on Form and Phraseology I wish to say a few words llbranes - relative to the amendments proposed by that committee; and I will say at the outset that it is merely explanation, and not advo- cacy, because this committee sits in a perfectly impartial manner, to see that the form of the proposed amendment is proper. . . . The committee changed the phrase "libraries open to the public" to "free public libraries". It seemed to the committee that there is a distinct difference between the meaning of the two phrases. While they supposed that the committee on Bill of Rights meant "free public libraries", they were not sure of it, and therefore suggested this change as an amendment. A library open to the public is any library into which the public at the present time can go. For instance, the library of the Genealogical Society is a library open to the public. We did not suppose that it was the intention to include a library of that character among libraries which should reap the benefit of state aid. We supposed, however, that it was such a library as, for instance, the library in Springfield, which, although controlled not by state officials or town officials, is held in trust for the public by the officials who control it. That is, the public has a beneficial interest in that library which it could enforce, and therefore we thought it would be amply covered by the phrase "free public libraries", and so suggested that phrase as an amendment. This phrase I understand is agreeable to the com- mittee which reported the bill, and has been moved by the chairman as an amendment to the bill as reported on pages 5 and 6 of the Document No. 347. Mr. Edwin U. Curtis of Boston: Mr. President, I did not id. intend at this time to explain the amendment, but as it is before the Convention now I will read a statement of the committee on Bill of Rights in regard to it. The question is upon the meaning of the words "free public libraries in any city or town". It will be noted that this is one of the exceptions to the operation of the principle of our pro- posal. That principle is, in brief, that no appropriation of public money shall be made to any private institution; and then come the exceptions, first the Soldiers' Home in Massachusetts and then the free public libraries. It is therefore immediately evident that the word "public" in this phrase cannot be used in the sense, publicly owned or publicly controlled, as it is elsewhere in our proposal, for the very fact that it is an exception shows that the libraries in question are wholly or in part under private con- trol. The word "public" in this phrase must then mean founded and primarily intended for the public, open to the public, just as we speak of the public waiting room in a railway station. The See vote passed on August 23. 174 JOURNAL OF THE CONVENTION, very object of the exception is to allow appropriations of public money to libraries which are wholly or in part under private con- trol. The only reason we have for seeking to change the wording at this point is that the phrase " libraries open to the public " would allow appropriations for the library of a theological semi- nary or of a private college, if open to the public, as most of them are. TUESDAY, AUGUST 21, 1917. 175 TUESDAY, August 21, 1917. Met according to adjournment, at one o'clock P.M. Prayer was offered by Rev. John L. Kilbon of Springfield, a member of the Convention. Reception of the Russian Mission. On motion of Mr. Hall of Taunton, Ordered, That a committee of eleven members be appointed to The Russian wait upon His Excellency the Governor, and upon the Honorable MlS Boris A. Bakhmetieff and his distinguished colleagues of the Russian Mission, and inform them that the Massachusetts Con- stitutional Convention is now in session and requests the pleasure and the honor of their presence. The President appointed as the committee Messrs. Hall of Taunton, Thompson of Haverhill, Turner of Fall River, Bailey of Somerville, Tilton of Springfield, Bauer of Lynn, Brown of Brockton, Burns of Pittsfield, Montague of Boston, Swig of Taunton and Donoghue of Boston, and they proceeded to the discharge of their duty under escort of the Sergeant-at-Arms. Soon afterwards Mr. Hall, for the committee, reported that they had attended to the duty assigned them, and that His Excellency the Governor had accepted the invitation of the Convention for himself and his guests and for the visitors and their guests, and that they would attend upon the Convention forthwith. Thereupon His Excellency the Governor, His Honor the Lieu- tenant Governor, the Honorable Boris A. Bakhmetieff, Russian Ambassador, and other members of the Russian Mission, and His Honor the Mayor of Boston, accompanied by various civil and military officers, entered the Convention Chamber under escort of the Sergeant-at-Arms. His Excellency Samuel W. McCall, Governor of the Common- wealth, was then presented to the Convention, and spoke as fol- lows: Mr. PRESIDENT AND GENTLEMEN OF THE CONVENTION: We Address of His are honored to-day by the presence of the special mission from Governor 7 ** the Republic of Russia to the United States. This honor is grateful to us for many reasons. In the first place, we find our- selves side by side with Russia in a war as wicked as it is colossal, which has involved almost every nation on the globe. In that war perhaps Russia has suffered more than any other nation, but she stands to-day unconquered, and I believe unconquerable. There is no nation in the world that has been more steadily the friend of the United States than has the Russian nation. It is now settled history that when in the darkest days of our Civil War the government of Lord John Russell set in motion a project 176 JOURNAL OF THE CONVENTION, to have the Emperor of the French propose to Great Britain and Russia to intervene between the North and the South, it was the firm friendship of Russia in that crisis that put to death that most infamous proposal. Again, in recognition of our primacy upon this continent, in friendship to the Monroe Doctrine and in friendship to us, she conveyed to us for hardly more than a nominal consideration the vast reaches of her territory along Bering Strait and the North Pacific, and it was from her that we received Alaska, with the untold resources of that rich, even if frozen, empire. So that our comradeship to-day with Russia is based upon a century of firm friendship. It does little credit to the justice of the nations which have long directed the diplomacy of the world that a nation having nearly one-sixth of the land area of the globe, and nearly one- tenth of its population, should be denied free access to warm water, and that its commerce should have laid upon it that embargo which is imposed upon ports which are frozen during the greater part of the year. Encompassed as we are upon every side by thousands of miles of free and open sea, we should do our utmost to remedy this injustice and to give that great people free access to the ocean. And then this honor which we have to-day is grateful to us for another reason. Russia has ranged herself side by side with the United States in the sisterhood of republics. Systems of government cannot be settled offhand, I know, by grandilo- quent declamations about liberty and democracy. Systems of government, where they have been oppressive systems that have long been in force over a people, become so interwoven with the thoughts and habits of the people that they cannot at once step into the full sunlight; and, just as a man who has been a long time kept in prison becomes attached to his dungeon and cannot endure the light of day, ady entered into". The amendments previously moved by Messrs. Richardson of lewton, Bartlett of Newburyport and Boyden of Deerfield were jverally rejected. The amendment previously recommended by the committee on and Phraseology, and amendments (substitute resolutions) jviously moved by Messrs. George of Haverhill and Bartlett Newburyport, were severally rejected. On the main question the sense of the Convention was taken yeas and nays, at the request of Mr. Cummings of Fall Liver; and on the roll call 275 members voted in the affirmative id 25 in the negative, as follows : YEAS. [essrs. Adams, Brooks Messrs. Bailey, J. Warren Adams, Charles Francis Balch, Francis N. Adams, Scott Ballantyne, John Adams, Smith J. Bangs, Francis R. Anderson, Frederick L. Barker, Warren S. Aylward, James F. Barnes, George L. Bailey, Charles O. Barrett, James T. 186 JOURNAL OF THE CONVENTION, Messrs. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Bennett, Frank P. Besse, Harold A. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Bolster, Percy G. Bosworth, Henry H. Boucher, Joseph Zoel Bouve, Walter L. Bowen, Patrick Boyden, Frank L. Boyer, Elmer E. Boynton, Thomas J. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brooks, George F. Brown, Samuel F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Bullock, William J. Burns, William A. Burrell, Fred J. Butler, A. Webster Buttrick, Allan G. Callahan, Timothy F. Carr, Edward Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W- Coakley, Daniel H. Codman, James M., Jr. Coe, S. Hamilton Coleman, George W. Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Coolidge, Louis A. Coombs, Zelotes W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Cox, Guy W. Crafts, Lyman A. Craven, John H. Creamer, Walter H. Crosby, J. Ho well Crossley, William Cyril Curtis, Arthur B. Curtis, Charles P., Jr. Curtis, Edwin U. Curtiss, Elmer L. Messrs. Cusick, John F. Dale, George H. Daley, Peter Daly, John W. Davis, Elbridge G. Davis, William R. Delaney, Louis F. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Doe, Orestes T. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Douglass, John J. Dresser, Frank F. Driscoll, Dennis D. Driscoll, Timothy J. Dutch, Charles Frederick Farnsworth, Frank S. Ferrey, Irving D. Ferry, James R. Finn, E. Philip Fisher, Edward Fitz-Randolph, Reginald T. Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Fraser, Eugene B. French, Asa P. Frost, Archie N. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Gates, Joseph S. Gaylord, Henry E. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Granfield, William J. Graumann, John Green, Thomas H. Greenwood, Hamlet S. Haines, Benjamin F. Hale, Edward R. Hale, Matthew Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Hawley, Truman R. Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Howard, Charles P. Johnson, Charles R. , Jones, George R. Keliher, John A. WEDNESDAY, AUGUST 22, 1917. 187 Messrs. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Kinney, William S. Kneil, Arthur S. Knotts, J. Franklin Lane, Daniel W. Lane, Dwight F. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Logan, James Lomasney, Martin M. Look, William J. Loring, Augustus P. Love, Joseph A. Lowe, Arthur H. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Marshall, Daniel J. Martin, Daniel A. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merriam, John M. Merrill, George Frye Michelman, Joseph Mitchell, Charles Mitchell, John Montague, David T. Moore, Charles D. C. Moriarty, James T. Morrill, Charles H. Morton, James M. Moynihan, James J. Murley, Joseph J. Murphy, John L. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, Joseph F. O'Connor, John D. Parker, George S. Parker, Herbert Parkman, Henry Peirce, Albion G. Pellet ier, Joseph C. Perry, Augustus W. Peterson, Patrick Messrs. Powers, Samuel L. Putnam, Harry B. Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Rieutprd, Louis O. Robbins, Edward J. Robinson, George H. Ross, Samuel Saunders, Amos T. Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shattuck, Josiah B. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Stoeber, Charles Sullivan, Edmund G. Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Sweeney, Edward A. Sweet, Joseph L. Swig, Louis Talbot, Harry R. Tatman, Charles T. Theller, Ralph L. Thompson, Edward Thompson, John L. Trefry, William D. T. Turner, Joseph Twomey, John C. Underbill, Charles L. Walcott, Robert Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Washburn, Charles G. Waterman, George B. Webster, Francis E. Webster, George P. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William Whipple, Sherman L. White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wonson, Carlton W. Wood, Charles J. 188 JOURNAL OF THE CONVENTION, NAYS. Church, charitable and educational institutions, exemption from taxation. Messrs. Anderson, George W. Blackmur, Paul R. Brackett, John Q. A. Brown, E. Gerry Cook, Rufus H. Creed, James F. Cummings, Herbert E. Cummings, John W. Dean, Robert A. Donovan, James A. Feiker, William H. George, Samuel W. Harrington, Patrick H. Messrs. Kelley, George W. Kelley, Thomas R. Kenefick, Thomas W. Linke, Fred R. Lyman, Frank E. Mansfield, John J. McCaffrey, George H., Jr. Moran, William Pillsbury, Albert E. Thompson, Hubert C. Tilton, Rufus H. Winslow, Guy M. 275 yeas; 25 nays. Therefore the resolution, as amended (Doc. No. 348), was passed to be engrossed. Statement Ordered Printed. 1 Mr. Edwin U. Curtis of Boston: In answer to inquiries it might be well to say that the taxation of church, charitable and educational property or enterprises is not involved in our pro- posal, and is furthest from the intention of the committee. Special pains have been taken with the wording in order to avoid any disturbance of the status quo on this subject. The gentleman from Fall River (Mr. Cummings) argues that if we take away the power to aid educational institutions by money raised by taxation, we may lose our power to exempt them from taxation. But we now have power to exempt churches from taxation, although we have no power to aid them with money raised by taxation. The first article of amendment to the Constitution of the United States provides in its first two lines: "Congress shall make no law respecting an establishment of religion, or prohibit- ing the free exercise thereof;". This article is the first of twelve submitted by Congress to the states for their ratification, and it was one of ten finally ratified, and thus became incorporated into the Constitution. These amendments were proposed and advocated by James Madison of Virginia, a member of the original Federal Constitutional Convention, through whose efforts, in the main, their passage through Congress was secured [Story on the Constitution, Vol. 1, pp. 218, 219. Sec. 303 and note (a) p. 219]. Afterwards, when Mr. Madison was President of the United States, he was so fearful of violating the spirit of the first amend- ment that he refused his assent to a bill incorporating an Episco- pal Church at Alexandria (Feb. 21, 1811), and also a bill reserv- ing a certain parcel of public land in Mississippi for the use of a Baptist Church (Feb. 28, 1811) [Story on the Constitution, Vol. 2, S. 1879, note p. 634]. 1 See vote passed on August 23. WEDNESDAY, AUGUST 22, 1917. 189 FEBRUARY 21, 1811. To the House of Representatives of the United States. Having examined and considered the bill entitled "An act incorporating the Protestant Episcopal Church in the town of Alexandria, in the District of Columbia," I now return the bill to the House of Representatives, in which it originated, with the following objections: Because the bill exceeds the rightful authority to which govern- ments are limited by the essential distinction between civil and religious functions, and violates in particular the article of the Constitution of the United States which declares that "Congress shall make no law respecting a religious establishment." The bill enacts into and establishes by law sundry rules and proceedings relative purely to the organization and polity of the church incorporated, and comprehending even the election and removal of the minister of the same, so that no change could be made therein by the particular society or by the general church of which it is a member, and whose authority it recognizes. This particular church, therefore, would so far be a religious establish- ment by law, a legal force and sanction being given to certain articles in its constitution and administration. Nor can it be con- sidered that the articles thus established are to be taken as the descriptive criteria only of the corporate identity of the society, inasmuch as this identity must depend on other characteristics, as the regulations established are generally unessential and alterable according to the principles and canons by which churches of that denomination govern themselves, and as the injunctions and prohibitions contained in the regulations would be enforced by the penal consequences applicable to a violation of them according to the local law. Because the bill vests in the said incorporated church an au- thority to provide for the support of the poor and the education of poor children of the same, an authority which, being altogether superfluous if the provision is to be the result of pious charity, rould be a precedent for giving to religious societies as such a jgal agency in carrying into effect a public and civil duty. JAMES MADISON. FEBRUARY 28, 1811. "o-the House of Representatives of the United States. Having examined and considered the bill entitled "An act for e relief of Richard Tervin, William Coleman, Edwin Lewis, muel Minis, Joseph Wilson, and the Baptist Church at Salem eeting House, in the Mississippi Territory," I now return the ame to the House of Representatives, in which it originated, with the following objection: Because the bill in reserving a certain parcel of land of the United States for the use of said Baptist Church comprises a principle and precedent for the appropriation of funds of the United States for the use and support of religious societies, con- 190 JOURNAL OF THE CONVENTION, trary to the article of the Constitution which declares that "Congress shall make no law respecting a religious establish- ment." JAMES MADISON. Messages and Papers of the Presidents, 1789-1897, by James D. Richard- son; Vol. I, pp. 489, 490. Recess. At sixteen minutes before one o'clock, on motion of Mr. Parker of Lancaster, recess was taken until two o'clock; at which hour the Convention reassembled. Committee of the Whole. Initiative and referendum. Committee of the Whole. On motion of Mr. Hibbard of Pittsfield the Convention re- solved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The President appointed Mr. Hibbard to take the chair. Subsequently (Mr. Pillsbury of Wellesley being in the chair) Mr. Hibbard, for the Committee, reported that the Resolution to provide for establishing the initiative and referendum (Doc. No. 335) had been under consideration, but that no conclusion was reached. At seven minutes after four o'clock, on motion of Mr. Dennis D. Driscoll of Boston (Mr. Pillsbury being in the chair), the Con- vention adjourned, to meet to-morrow at half-past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE. Quorum. Initiative and referendum. WEDNESDAY, August 22, 1917. Mr. Hibbard of Pittsfield in the chair. Mr. Trefry of Marblehead moved that the Sergeant-at-Arms be instructed to secure the presence of a quorum; and this mo- tion was adopted. On the appearance of a quorum the Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered further. After debate, and without action on the resolution, Mr. Sulli- van of Salem moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. THURSDAY, AUGUST 23, 1917. 191 THURSDAY, August 23, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. John L. Kilbon of Springfield, a member of the Convention. Honorable Nicholas Murray Butler. The President introduced the Honorable Nicholas Murray President Butler, LL. D., Ph. D., President of Columbia University, who cdSSwL addressed the Convention briefly. University. Leave of Absence. On motion of Mr. Skerrett of Worcester, - Ordered, That Daniel J. Marshall of Worcester be granted leave of absence, in order that he may attend the Reserve Officers' Training Camp at Plattsburg, New York. Payment to the Widow of Walter F. Russell. Mr. Twomey of Lawrence ; for the committee on Contingent widow of Expenses and Pay-Roll, to whom was referred the order relative R^eiuf to allowing to Abigail A. Russell, widow of W T alter F. Russell of Brockton. Brockton, the compensation to which he would have been en- titled as a member of the Convention from the Tenth Plymouth Representative District, reported recommending that the same ought to be adopted. The report was read; and the order was placed in the Orders of the Day for the next session. Statements to be Printed in the Journal. On motion of Mr. Adams of Springfield, Ordered, That the oral statement of the chairman of the com- statements mittee on Form and Phraseology, and the written statement of the chairman of the committee on Bill of Rights, made for their respective committees, on August 15, in reference to free public emptionfrom libraries in connection with the Resolution relative to the sup- JJ^Sn port of certain institutions from public funds (Doc. No. 347), be institutions. printed in the Journal of the Convention; also that the written statement of the chairman of the committee on Bill of Rights, made for his committee, on August 22, upon the question of the exemption from taxation of church, charitable or educational in- stitutions in connection with the same resolution, be so printed. (Committee of the Whole. n motion of Mr. Lowe of Fitchburg the Convention resolved 1 e n whoie e f f into Committee of the Whole, for the purpose of consider- the matters on its Docket, he President appointed Mr. Lowe to take the chair. 192 JOURNAL OF THE CONVENTION, initiative and Subsequently Mr. Lowe, for the Committee, reported that the referendum. T i -IP i T i ,... . .Resolution to provide tor establishing the initiative and referen- dum (Doc. No. 335) had been under consideration, but that no conclusion was reached. Recess. At one o'clock, under the provisions of a standing order, the President declared a recess until two o'clock; at which hour the Convention reassembled. On *ke a PP earance of a quorum the Convention, on motion of Mr. Lowe of Fitchburg, resolved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The President appointed Mr. Lowe to take the chair. Jeferen^um nd Subsequently Mr. Lowe, for the Committee, reported that the Resolution to provide for establishing the initiative and refer- endum (Doc. No. 335) had been under consideration, but that no conclusion was reached. 6 f At eleven minutes before four o'clock, on motion of Mr. Park- man of Boston, the Convention adjourned, to meet tos-morrow at half-past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE. Initiative and referendum. THURSDAY, August 23, 1917. Mr. Lowe of Fitchburg in the chair. The Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered further. After debate, and without action on the resolution, Mr. Sulli- van of Salem moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. id. Quorum. After the recess the Committee resumed consideration of its Docket, Mr. Lowe being in the chair. The Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered further. After debate Mr. McCarthy of Marlborough asked for a count of the Committee to ascertain if a quorum was present. A count showed that 91 members were present. Mr. Pillsbury of Wellesley moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. FRIDAY, AUGUST 24, 1917. 193 FRIDAY, August 24, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Merritt A. Farren of Somerville, Corresponding Secretary of the Boston Seamen's Friend Society. Leave of Absence. On motion of Mr. Buttrick of Lancaster, Ordered, That Charles F. Choate, Jr., of Southborough be Charles F. granted leave of absence for two weeks, beginning August 28, Choate - Jr - to comply with the order of the District Court of the United States requiring his attendance in the cities of Milwaukee and Chicago. Members Absent in Government Service. The consideration of the following order, offered by Mr. ^alker of Brookline, was postponed until the next session, at the request of Mr. Buttrick of Lancaster: Ordered, That members of the Convention who are granted JJ^^J leave of absence on account of military or naval service for the ment service, national government be authorized to arrange to be paired on questions coming before the Convention on which the yeas and nays are ordered. he following resolution, offered by Mr. Parkman of Boston, unanimously adopted by a rising vote: Whereas, Messrs. Theodore W. Ellis of Springfield, Charles P. Id - ward of Reading, George H. McCaffrey, Jr., of Boston, John Murphy of Chelsea, and Daniel J. Marshall of Worcester, embers of the Convention, are about to leave for the Reserve Officers' Training Camp at Plattsburg, New York; be it Resolved, That the members of the Convention extend to their colleagues best wishes for success, with hopes for an early return to their homes after having done their share in making demo- cracy triumphant. Public Support of Agricultural Organizations. A communication from Wilfrid W T heeler, Secretary of the Agricultural State Board of Agriculture, enclosing a copy of a resolution 2I adopted by the executive committee of said board on August 17, support, requesting that agricultural organizations be definitely exempted from the operation of the proposed amendment of the Constitu- tion prohibiting the support of certain institutions from public funds, was placed on file. 194 JOURNAL OF THE CONVENTION, Hour of meeting and adjournment. Id. " Regulation of the Liquor Traffic ". "Regulation of Bill Boards ". Hour of Meeting and Adjournment. Mr. Parker of Lancaster, for the committee on Rules and Procedure, to whom was referred the following order, reported recommending that the same ought not to be adopted: Ordered, That, unless it shall be otherwise ordered, the Con- vention shall meet at 10.30 o'clock A.M.; that, whenever the Convention is in session at one o'clock P.M., except on Fridays, the President shall declare an adjournment until two o'clock P.M.; that, whenever the .Convention is in session at five o'clock P.M., the President shall declare an adjournment until seven o'clock P.M.; that, whenever the Convention is in session at 9.30 o'clock P.M., the President shall declare an adjournment; and that, whenever the Convention is in session at one o'clock P.M. on Fri- days, the President shall declare an adjournment until the fol- lowing Tuesday. This order shall not be dispensed with, altered or repealed except by a two-thirds vote of the members present and voting, to be determined by a call of the yeas and nays. The report was read; and the order was placed in the Orders of the Day for the next session. Mr. Walker of Brookline, for the committee on Rules and Procedure, to whom was referred the following order, reported recommending that the same ought not to be adopted: Ordered, That, unless it shall be otherwise ordered, whenever the Convention is in session at half-past four o'clock P.M., the President shall declare an adjournment; and that, whenever the Convention is in session at one o'clock P.M. on Fridays, the President shall declare an adjournment until the following Mon- day at one o'clock P.M. The report was read; and, pending the question on the adop- tion of the order, it was withdrawn by Mr. Walker, there being no objection. Printing of Bulletins of Information. Mr. Underhill of Somerville, for the committee on Rules and Procedure, to whom was referred the following order, reported recommending that the same ought to be adopted: Ordered, That there be printed five hundred copies of the bulletin on the "Regulation of the Liquor Traffic", prepared by the commission appointed to compile information and data for the Convention. The report was read; and the order was considered forthwith and was adopted. Mr. Boynton of Everett, for the committee on Rules and Pro- cedure, to whom was referred the following order, reported recommending that the same ought to be adopted: Ordered, That there be printed five hundred copies of the bulletin on " Regulation of Bill Boards ", prepared by the commis- sion appointed to compile information and data for the Con- vention. The report was read; and the order was considered forthwith and was adopted. FRIDAY, AUGUST 24, 1917. 195 Mr. Luce of Waltham, for the committee on Rules and Pro- cedure, to whom was referred the following order, reported recommending that the same ought to be adopted: Ordered, That the Secretary of the Convention be authorized Proposals to _, i . 01 amend the to print as a Convention document a brief summary of those Constitution, propositions for amending the Constitution which have been 8X favorably reported by committees, or still remain in their hands for further consideration. The report was read; and the order was considered forthwith and was adopted. (See Doc. No. 349.) Orders of the Day. The Convention then proceeded to the consideration of the rders of the Day. The following order was adopted: Ordered, That there be allowed and paid to Abigail A. Russell, JfcJjJJ? ddow of Walter F. Russell of Brockton, the compensation to RusseUof rhich he would have been entitled as a member of the Conven- Brockton - ion from the Tenth Plymouth Representative District. Committee of the Whole. On motion of Mr. Skerrett of Worcester the Convention re- Committee of >lved itself into Committee of the Whole, for the purpose of the whole - >nsidering the matters on its Docket. The President appointed Mr. Skerrett to take the chair. Subsequently Mr. Skerrett, for the Committee, reported that initiative and the Resolution to provide for establishing the initiative and re jferendum (Doc. No. 335) had been under consideration, but lat no conclusion was reached. At ten minutes before one o'clock, on motion of Mr. Brown )f Brockton, the Convention adjourned, to meet on Tuesday next it half-past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE. FRIDAY, August 24, 1917. Mr. Skerrett of Worcester in the chair. The Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered further. After debate Mr. Richardson of Newton asked for a count of Quorum the Committee to ascertain if a quorum was present. A count showed that 117 members were present. Mr. Youngman of Boston moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. 196 JOURNAL OF THE CONVENTION, TUESDAY, August 28, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Daniel A. Poling of Newton, Asso- ciate President of the United Society of Christian Endeavor. Reports of committees, extension of time. Extension of Time for Certain Reports. On motion of Mr. Edwin U. Curtis of Boston, - Ordered, That the committees on Amendment and Codification of the Constitution, the Judiciary, State Administration, and State Administration and the Executive (sitting jointly) be granted until Tuesday, September 4, in which to report on matters before them. James J. Moynihan. Joseph F. O'Connell. Leave of Absence. On motion of Mr. Buttrick of Lancaster, - Ordered, That James J. Moynihan of Boston be granted leave of absence, under Rule 13, on account of the death of his mother. On motion of Mr. Parker of Lancaster, Ordered, That Mr. O'Connell of Boston be granted leave of absence for one week, under Rule 13, for the purpose of attend- ing, as a commissioner from Massachusetts, the conference, at Saratoga, New York, of commissioners on uniformity of legisla- tion in the United States. Members absent in government service, arrangement of pairs. Rule 32, limit of debate. Members Absent in Government Service. The following order, the consideration of which was postponed from the last session, was referred to the committee on Rules and Procedure, on motion of Mr. Luce of Waltham : Ordered, That members of the Convention who are granted leave of absence on account of military or naval service for the national government be authorized to arrange to be paired on questions coming before the Convention on which the yeas and nays are ordered. Limit of Debate. The following order, offered by Mr. Powers of Newton, was referred to the committee on Rules and Procedure, on motion of the same member: Ordered, That Rule 32 be amended by .adding after the words "*and a member may speak more than once" the words ", but no speech shall exceed forty-five minutes", so that the clause shall read as follows: "and a member may speak more than once, but no speech shall exceed forty-five minutes." TUESDAY, AUGUST 28, 1917. 197 Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The following order (offered by Mr. Finn of Chelsea) was con- sidered; and after debate it was rejected, as recommended by the committee on Rules and Procedure: Ordered, That, unless it shall be otherwise ordered, the Con- Hourofmeet- vention shall meet at 10.30 o'clock A.M.; that, whenever the Convention is in session at one o'clock P.M., except on Fridays, the President shall declare an adjournment until two o'clock P.M.; that, whenever the Convention is in session at five o'clock P.M., the President shall declare an adjournment until seven o'clock P.M.; that, whenever the Convention is in session at 9.30 o'clock P.M., the President shall declare an adjournment; and that, whenever the Convention is in session at one o'clock P.M. on Fridays, the President shall declare an adjournment until the following Tuesday. This order shall not be dispensed with, altered or repealed except by a two-thirds vote of the members present and voting, to be determined by a call of the yeas and nays. Committee of the Whole. On motion of Mr. Boynton of Everett the Convention resolved self into Committee of the Whole, for the purpose of consider- ig the matters on its Docket. The President appointed Mr. Boynton to take the chair. Subsequently Mr. Boynton, for the Committee, reported that initiative and te Resolution to provide for establishing the initiative and ref- re mdum (Doc. No. 335) had been under consideration, but that 10 conclusion was reached. At one o'clock, under the provisions of a standing order, the Recess. resident declared a recess until two o'clock; at which hour the Convention reassembled. On motion of Mr. Boynton of Everett the Convention resolved itself into Committee of the Whole, for the purpose of consider- g the matters on its Docket. The President appointed Mr. Boynton to take the chair. Subsequently Mr. Boynton, for the Committee, reported that initiative and e Resolution to provide for establishing the initiative and ref- refe endum (Doc. No. 335) had been under consideration, but that o conclusion was reached. At one minute after four o'clock, on motion of Mr. Lowe of Fitchburg (Mr. W T ashburn of Worcester being in the chair), the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. II 198 JOURNAL OF THE CONVENTION, JOURNAL OF THE COMMITTEE OF THE WHOLE, Initiative and referendum. Mr. Bellinger, amend- ments. TUESDAY, August 28, 1917. Mr. Boynton of Everett in the chair. The Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered further. Mr. Dellinger of Wakefield moved that the resolution be amended as follows: By striking out, in line 5, the words "and amendments to the constitution "; By striking out lines 13 to 35, inclusive, as follows: - " If an initiative petition for any specific and particular amend- ment to the constitution is introduced into the general court, in the manner hereinafter provided, signed by not less than forty thousand qualified voters of the commonwealth, and the general court into which it is introduced shall fail to agree to such amendment in the manner provided in the ninth article of amend- ment to the constitution, such amendment shall nevertheless be deemed to be referred to the next general court and shall have the same standing therein as if once agreed to; and if such next general court shall fail before the first Wednesday of June to agree to such amendment in the manner provided in such ninth article, and if such initiative petition is completed by filing with the secretary of the commonwealth, not earlier than the first Wednesday of the following July nor later than the first Wednes- day of the following August not less than ten thousand additional signatures of such qualified voters, then the secretary of the com- monwealth shall submit such proposed amendment to the people at the next state election; and if it shall be approved by a majority of the qualified voters voting thereon, such amendment shall become part of the constitution of this commonwealth."; By striking out, in line 56, in lines 62 and 63, and in line 77, the words "constitutional amendment or"; by striking out, in line 65, the words "or an amendment to the constitution"; By striking out, in lines 161 and 162, the words "amendment to the constitution, and each"; and By striking out lines 168, 169 and 170, as follows: "In the case of an amendment to the constitution: Shall an amendment to the constitution [here insert description] be approved?" After debate, and without action on the resolution, Mr. Cole- man of Boston moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. YES. NO. TUESDAY, AUGUST 28, 1917. 199 After the recess the Committee resumed consideration of its Docket, Mr. Boynton being in the chair. On the appearance of a quorum the Resolution to provide for inithtiveand establishing the initiative and referendum (Doc. No. 335) was referendum - considered further. After debate, and without action on the resolution, Mr. Kinney Boston moved that the Committee rise; and this motion was lopted. Accordingly the Committee rose. 200 JOURNAL OF THE CONVENTION, WEDNESDAY, August 29, 1917. Met according to adjournment, at half -past ten o'clock A.M. Prayer was offered by Rev. Charles W. Henry of Andover. Elmer L. Curtiss. Augustus W. Perry. Leave of Absence. On motion of Mr. Kelley of Rockland, Ordered, That Mr. Curtiss of Hingham be granted leave of absence, under Rule 13, from Tuesday, September 11, to Friday, September 14, inclusive, on account of business engagements outside the Commonwealth. On motion of Mr. McCormack of Boston, Ordered, That Mr. Perry of Boston be granted leave of absence, under Rule 13, because of illness. Initiative and referendum. Endorsement of a Resolution. Mr. Harriman of New Bedford presented a communication from Boston Typographical Union No. 13, endorsing the Resolu- tion to provide for establishing the initiative and referendum (Doc. No. 335); and the same was placed on file. Public funds, appropria- tion. Committee of the Whole. Initiative and referendum. Committee of the Whole. Engrossed Resolution. The engrossed Resolution relative to the support of certain institutions from public funds (see Doc. No. 348) was laid before the Convention; and the President stated that it would be placed in the Orders of the Day for the next session. Committee of the Whole. On motion of Mr. Brackett of Arlington the Convention re- solved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The President appointed Mr. Brackett to take the chair. Subsequently Mr. Brackett, for the Committee, reported that the Resolution to provide for establishing the initiative and ref- erendum (Doc. No. 335) had been under consideration, but that no conclusion was reached. At eight minutes before one o'clock, on motion of Mr. Logan of Worcester, recess was taken until two o'clock; at which hour the Convention reassembled. On motion of Mr. Brackett of Arlington the Convention re- solved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The President appointed Mr. Brackett to take the chair. WEDNESDAY, AUGUST 29, 1917. 201 Subsequently Mr. Brackett, for the Committee, reported that initiative and the Resolution to provide for establishing the initiative and ref- referendum - erendum (Doc. No. 335) had been under consideration, but that no conclusion was reached. At one minute before four o'clock, on motion of Mr. Montague of Boston, the Convention adjourned, to meet to-morrow at half- past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE, WEDNESDAY, August 29, 1917. Mr. Brackett of Arlington in the chair. The Resolution to provide for establishing the initiative and initiative and referendum (Doc. No. 335) was considered further. Mr. Thompson of North Attleborough moved that the resolu- Mr. Thomp- tion be amended by adding at the end thereof the following para- meAt7 amend graph: - "Article XLII of the amendments of the Constitution is hereby repealed." After debate, and without action on the resolution, Mr. Powers of Newton moved that the Committee rise; and this motion was lopted. Accordingly the Committee rose. After the recess the Committee resumed consideration of its Docket, Mr. Brackett being in the chair. On motion of Mr. Davis of Cambridge the Sergeant-at-Arms Quorum. was instructed to secure the presence of a quorum. On the appearance of a quorum the Resolution to provide for initiative and establishing the initiative and referendum (Doc. No. 335) was referendum - considered further. t After debate, and without action on the resolution, Mr. Ander- son of Brookline moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. 202 JOURNAL OF THE CONVENTION, Charles P. Curtis, Jr. Daniel A. Martin. Limit of debate. Public funds, appropria- tion. Committee of the Whole. Initiative and referendum. THURSDAY, August 30, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. George H. Spencer of Boston. Leave of Absence. On motion of Mr. Bangs of Boston, Ordered, That Mr. Charles P. Curtis, Jr., of Boston be granted leave of absence, under Rule 13, he having entered the naval service of the United States. On motion of Mr. Avery of Holyoke, Ordered, That Mr. Martin of Holyoke be granted leave of absence, under Rule 13, in order that he may enter the military service of the United States and report for duty at Camp Devens at Ayer. Limit of Debate. The following order, offered by Mr. Swig of Taunton, was referred to the committee on Rules and Procedure, on motion of the same member: Ordered, That, when a proposition shall have been under dis- cussion for three full legislative days in Committee of the Whole, members shall be limited to fifteen minute speeches, and no member shall speak more than once without leave. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The engrossed Resolution relative to the support of certain in- stitutions from public funds (see Doc. No. 348) was considered. Mr. Brackett of Arlington moved that the further considera- tion of the resolution be postponed until Thursday next, first in the Orders of the Day; and this motion, after debate, was nega- tived. After further debate the Convention voted to submit the reso- lution to the people. Committee of the Whole. On motion of Mr. Pelletier of Boston the Convention resolved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The President appointed Mr. Pelletier to take the chair. Subsequently Mr. Pelletier, for the Committee, reported that the Resolution to provide for establishing the initiative and ref- erendum (Doc. No. 335) had been under consideration, but that no conclusion was reached. THURSDAY, AUGUST 30, 1917. 203 At one o'clock, under the provisions of a standing order, the Recess. President declared a recess until two o'clock; at which hour the Convention reassembled. On motion of Mr. Pelletier of Boston the Convention resolved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The President appointed Mr. Pelletier to take the chair. Subsequently (Mr. Pillsbury of Wellesley being in the chair) Mr. Pelletier, for the Committee, reported that the Resolution to provide for establishing the initiative and referendum (Doc. No. 335) had been under consideration, but that no conclusion was reached. At eight minutes before four o'clock, on motion of Mr. George of Haverhill (Mr. Pillsbury being in the chair), the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE, THURSDAY, August 30, 1917. Mr. Pelletier of Boston in the chair. The Resolution to provide for establishing the initiative and initiative and referendum (Doc. No. 335) was considered further. After debate, and without action on the resolution, Mr. Cusick of Boston moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. After the recess the Committee resumed consideration of its Docket, Mr. Pelletier being in the chair. On the appearance of a quorum the Resolution to provide for initiative and establishing the initiative and referendum (Doc. No. 335) was referendum - considered further. (After debate, and without action on the resolution, Mr. Dennis D. Driscoll of Boston moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. 204 JOURNAL OF THE CONVENTION, Herbert E. Cummings. Henry H. Wheelock. Committee of the Whole. FRIDAY, August 31, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Warren P. Landers of Brockton, Secretary of the Massachusetts Total Abstinence Society. Leave of Absence. On motion of Mr. Williams of Brookline, Ordered, That Mr. Cummings of North Brookfield be granted leave of absence, under Rule 13, because of illness. On motion of Mr. Buttrick of Lancaster, Ordered, That Mr. Wheelock of Fitchburg be granted leave of absence, under Rule 13, he having entered the military service of the United States. Committee of the Whole. On motion of Mr. Hall of Taunton the Convention resolved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The President appointed Mr. Hall to take the chair. Subsequently Mr. Hall, for the Committee, reported that the Resolution to provide for establishing the initiative and referen- dum (Doc. No. 335) had been under consideration, but that no conclusion was reached. At two minutes before one o'clock, on motion of Mr. Dennis D. Driscoll of Boston, the Convention adjourned, to meet on Tues- day next at half-past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE, Initiative and referendum. Quorum. FRIDAY, August 31, 1917. Mr. Hall of Taunton in the chair. The Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered further. On motion of Mr. Moriarty of Boston the Sergeant-at-Arms was instructed to secure the presence of a quorum. After debate, and without action on the resolution, Mr. Ayl- ward of Cambridge moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. TUESDAY, SEPTEMBER 4, 1917. 205 TUESDAY, September 4, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Wilson Ezra Vandermark of Cam- bridge. Extension of Time for Certain Reports. On motion of Mr. Dale of Watertown, Ordered, That the committees on Amendment and Codification Reports of the Constitution, the Judiciary, State Administration and committees - State Administration and the Executive (sitting jointly) be SST granted until Tuesday, September 11, in which to report on matters before them. Limit of Debate. The consideration of the following order, offered by Mr. Hart of Cambridge, was postponed until the next session, at the request of Mr. Sullivan of Salem: Ordered, That the committee on Rules and Procedure be re- Limit of quested to report a rule for the limitation of debate on all prop- debate - ositions which may come before the Convention, with suitable exceptions for the introducer and one opponent of a measure, and an allowance for time consumed by questions from other members and by necessary replies thereto. The consideration of the following order, offered by Mr. Dutch of Winchester, was postponed until the next session, at the request of Mr. Sullivan of Salem: Ordered, That the committee on Rules and Procedure be re- id. quested to report to the Convention at its next session, with or without recommendation, (1) the order referred to them on August 28, proposing an amendment of Rule 32, and (2) a draft of a corresponding amendment of Rule 18. The consideration of the following order, offered by Mr. Hobbs of Worcester, was postponed until the next session, at the re- quest of the same member: Ordered, That debate in Committee of the Whole on Docu- initiative and ment No. 335 and amendments thereto be limited to thirty SS?^ unlf "" minutes to each speaker, except that four speakers, two to be debate, chosen by the majority and two by the minority of the com- mittee on the Initiative and Referendum, be allowed one hour each: provided, that the Committee of the Whole may in its discretion extend the time of any speaker. Committee of the Whole. On motion of Mr. Pillsbury of Wellesley the Convention re- Committee of solved itself into Committee of the Whole, for the purpose of the Whole - considering the matters on its Docket. The President appointed Mr. Pillsbury to take the chair. 206 JOURNAL OF THE CONVENTION, Initiative and referendum. Recess. Subsequently Mr. Pillsbury, for the Committee, reported that the Resolution to provide for establishing the initiative and ref- erendum (Doc. No. 335) had been under consideration, but that no conclusion was reached. At four minutes before one o'clock, on motion of Mr. Trefry of Marblehead, recess was taken until two o'clock; at which hour the Convention reassembled. Committee of On motion of Mr. Pillsbury of Wellesley the Convention re- solved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The President appointed Mr. Pillsbury to take the chair. Jeferendum nd Subsequently Mr. Pillsbury, for the Committee, reported that the Resolution to provide for establishing the initiative and ref- erendum (Doc. No. 335) had been under consideration, but that no conclusion was reached. At nine minutes after four o'clock, on motion of Mr. Lowe of Fitchburg, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE. [nitiative and referendum. Quorum. Initiative and referendum. TUESDAY, September 4, 1917. Mr. Pillsbury of Wellesley in the chair. On the appearance of a quorum the Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered further. After debate, and without action on the resolution, Mr. Clark of Brockton moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. After the recess the Committee resumed consideration ol its Docket, Mr. Pillsbury being in the chair. Mr. Washburn of Worcester asked for a count of the Com- mittee to ascertain if a quorum was present. A count showed that 64 members were present. On the appearance of a quorum the Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered further. After debate, and without action on the resolution, Mr. Hart of Cambridge moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. WEDNESDAY, SEPTEMBER 5, 1917. 207 WEDNESDAY, September 5, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. John J. Walker of Newton, Treasu- rer of the Massachusetts Home Missionary Society. Leave of Absence. On motion of Mr. Crosby of Arlington, Ordered, That Mr. French of Randolph be granted leave of Asa P. French, absence, under Rule 13, for such sessions or portions of sessions, during the current week, as may be necessary to enable him to perform his duties as a member of a local exemption board. Limit of Debate. Mr. Underbill of Somerville, for the committee on Rules and Procedure, to whom were referred the order offered by Mr. Powers of Newton on August 28 and the order offered by Mr. Swig of Taunton on August 30, relative to limiting debate in Committee of the Whole, reported recommending the adop- tion of the following order (being identical with the order offered at the last session by Mr. Hobbs of Worcester) : Ordered, That debate in Committee of the Whole on Docu- ment No. 335 and amendments thereto be limited to thirty minutes to each speaker, except that four speakers, two to be chosen by the majority and two by the minority of the com- mittee on the Initiative and Referendum, be allowed one hour each: provided, that the Committee of the Whole may in its discretion extend the time of any speaker. Mr. Collins of Amesbury asked for a count of the Convention, Quorum, to ascertain if a quorum was present. A count showed that 118 members were present. Soon after, Mr. Luce of Waltham moved that the roll of the Convention be called, to ascertain if a quorum was present; and this motion prevailed. The roll was called; and 170 members answered to their names, as follows: Messrs. Adams, Brooks Messrs. Bassett, Edmund Adams, Charles Francis Batchelder, Albert W. I Adams, Scott Bates, John L. Adams, Smith J. Bauer, Ralph S. Anderson, Frederick L. Bennett, Frank P. Anderson, George W. Bergengren, Roy F. Avery, Nathan P. Bodfish, John D. W. Aylward, James F. Bosworth, Henry H. Bailey, Charles O. Boucher, Joseph Zoel Bangs, Francis R. Boyden, Frank L. Bartlett, Horace I. Boyer, Elmer E. 208 JOURNAL OF THE CONVENTION, Messrs. Boynton, Thomas J. Bracket!, John Q. A. Brennan, James J. Brown, E. Gerry Brown, Samuel F. Bruce, Charles Bryant, Lincoln Bullock, William J. Burns, William A. Buttrick, Allan G. Callahan, Timothy F. Chandler, Leonard B. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Collins, Samuel I. Coogan, Clement F. Coombs, Zelotes W. Corrigan, Robert S. Costello, Francis M. Cox, Guy W. Crafts, Lyman A. Creamer, Walter H. Crosby, J. Howell Curtis, Edwin U. Dale, George H. Daley, Peter Davis, Elbridge G. Day, Charles M. Dean, Robert A. Delaney, Louis F. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Donovan, Daniel R. Doran, James P. Dresser, Frank F. Driscoll, Dennis D. Dutch, Charles Frederick Farnsworth, Frank S. Ferrey, Irving D. Ferry, James R. Fisher, Edward Foss, George H. Garland, Francis P. Gartland, John J. Gaylord, Henry E. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Hale, Edward R. Hall, Elisha S. Hall, Isaac Freeman Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Messrs. Jones, George R. Kelley, George W. Kelly, Luke L. Kenefick, Thomas W. Kilbon, John L. Kinney, William S. Kneil, Arthur S. Knotts, J. Franklin Lane, Dwight F. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Lomasney, Martin M. Look, William J. Loring, Augustus P. Love, Joseph A. Lowe, Arthur H. Lowell, James. A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. McAnarney, John W. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, Charles Mitchell, John Moore, Charles D. C. Moran, William Moriarty, James T. Merrill, Charles H. Morton, James M. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. Parker, Herbert Parkman, Henry Peirce, Albion G. Peterson, Patrick Pillsbury, Albert E. Powers, Samuel L. Quinn, Timothy F. Ray, Herbert L. Richardson, Edward A. Richardson, James P. Rieutord, Louis O. Robbins, Edward J. Robinson, George H. Ross, Samuel Shea, John M. Shea, John T. Sherburne, Nelson Smith, Jerome S. Smith, Rutherford E. Stoeber, Charles Sullivan, Edmund G. Sullivan, William J. Sweeney, Edward A. Sweet, Joseph L. Talbot, Harry R. Tatman, Charles T. WEDNESDAY, SEPTEMBER 5, 1917. 209 Messrs. Thompson, Edward Messrs. Weekes, George LeRoy Thompson, John L. Wellman, Arthur Holbrook Trefry, William D. T. White, John A. Turner, Joseph Whittier, Eugene P. Underbill, Charles L. Willett, George Franklin Walker, Joseph Williams, Fred Homer Washburn, Albert H. Wing, Herbert Waterman, George B. Winslow, Guy M. Therefore it appeared that a quorum was then present. After debate the order recommended by the committee on Rules and Procedure was adopted. The following order, offered by Mr. Hart of Cambridge, the consideration of which was postponed from the last session, was referred to the committee on Rules and Procedure, on motion of that member: Ordered, That the committee on Rules and Procedure be re- Limit of quested to report a rule for the limitation of debate on all prop- debate - ositions which may come before the Convention, with suitable exceptions for the introducer and one opponent of a measure, and an allowance for time consumed by questions from other members and by necessary replies thereto. The following order, offered by Mr. Dutch of Winchester, the consideration of which was postponed from the last session, was withdrawn by that member, there being no objection: Ordered, That the committee on Rules and Procedure be re- id. quested to report to the Convention at its next session, with or without recommendation, (1) the order referred to them on August 28, proposing an amendment of Rule 32, and (2) a draft of a corresponding amendment of Rule 18. The order offered by Mr. Hobbs of Worcester, the consideration id. of which was postponed from the last session, was withdrawn by that member, there being no objection. Committee of the Whole. On motion of Mr. Luce of Waltham the Convention resolved itself into Committee of the Whole, for the purpose of consid- ering the matters on its Docket. The President appointed Mr. Morton of Fall River to take the chair, stating that the day marked Judge Morton's eightieth birthday anniversary. The appointment was received with dem- onstrations of approval. Subsequently Mr. Morton, for the Committee, reported that initiative and the Resolution to provide for establishing the initiative and ref- re erendum (Doc. No. 335) had been under consideration, but that no conclusion was reached. At one o'clock, under the provisions of a standing order, the Recess. President declared a recess until two o'clock; at which hour the Convention reassembled. V^Ulli 210 Committee of the Whole. Initiative and referendum. JOURNAL OF THE CONVENTION, On motion of Mr. Morton of Fall River the Convention re- solved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The President appointed Mr. Morton to take the chair. Subsequently Mr. Morton, for the Committee, reported that the Resolution to provide for establishing the initiative and ref- erendum (Doc. No. 335) had been under consideration, but that no conclusion was reached. At one minute after four o'clock, on motion of Mr. Blackmur of Quincy, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. JOUENAL OF THE COMMITTEE OF THE WHOLE. Initiative and referendum. WEDNESDAY, September 5, 1917. Mr. Morton of Fall River in the chair. The Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered further. After debate, and without action on the resolution, Mr. Bates of Boston moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. Quorum. Initiative and referendum. After the recess the Committee* resumed consideration of its Docket, Mr. Morton being in the chair. On motion of Mr. Brown of Brockton the Sergeant-at-Arms was instructed to secure the attendance of a quorum. On the appearance of a quorum the Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered further. After debate, and without action on the resolution, Mr. Newton of Everett moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. THURSDAY, SEPTEMBER G, 1917. 211 THURSDAY, September 6, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. C. Harrison Davis of Winchester. Leave of Absence. On motion of Mr. Blackmur of Quincy, Ordered, That Mr. McAnarney of Quincy be granted leave of absence, under Rule 13, from September 18 to 24, inclusive, in order that he may attend to urgent business affairs in New York. Payment to the Widow of Dana Malone. On motion of Mr. Putnam of Westfield, Ordered, That there be allowed and paid to Margaret B. Malone of Greenfield, widow of Dana Malone, the balance of the compensation to which Mr. Malone would have been en- titled had he lived to complete his service as a member of the Convention. Submission of Amendments to the People. The consideration of the following order, offered by Mr. McCormack of Boston, was postponed until the next session, at the request of Mr. Underbill of Somerville: Ordered, That, in the event of the deliberations of the Con- submission of vention not having been concluded on or before the date wherein ^t^JgJJ* 8 the ballot for the state election for the year 1917 must be pre- state election. pared for printing, the committee on Rules and Procedure con- sider the expediency of the Convention submitting to the people at the coming state election such alterations or amendments of the Constitution as shall be duly authorized and engrossed. Committee of the Whole. n motion of Mr. Harriman of New Bedford the Convention committee of olved itself into Committee of the Whole, for the purpose of theWnole - considering the matters on its Docket. The President appointed Mr. Harriman to take the chair. Subsequently Mr. Harriman, for the Committee, reported that initiative and the Resolution to provide for establishing the initiative and ref- referendum - erendum (Doc. No. 335) had been under consideration, but that no conclusion was reached. At one o'clock, under the provisions of a standing order, the Recess. President declared a recess until two o'clock; at which hour the Convention reassembled. 212 JOURNAL OF THE CONVENTION, Committee of the Whole. Initiative and referendum. On motion of Mr. Harriman of New Bedford the Convention resolved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The President appointed Mr. Harriman to take the chair. Subsequently (Mr. Walker of Brookline being in the chair) Mr. Harriman, for the Committee, reported that the Resolution to provide for establishing the initiative and referendum (Doc. No. 335) had been under consideration, but that no conclusion was reached. At seventeen minutes after four o'clock, on motion of Mr. Sullivan of Salem (Mr. Walker being in the chair), the Conven- tion adjourned, to meet to-morrow at half-past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE, Initiative and referendum. Mr. Loring. amendments. THURSDAY, September 6, 1917. Mr. Harriman of New Bedford in the chair. The Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered further. . After debate Mr. Loring of Beverly moved that the resolution be amended as follows: By striking out, in line 5, the words "and amendments to the constitution"; By striking out lines 13 to 35, inclusive, and inserting in place thereof the following: "If at any time hereafter any specific and particular amend- ment or amendments to the constitution be proposed in the general court, the two houses thereof shall meet together in a joint session and the president of the senate shall preside. If any such amendment shall be agreed to at such joint session by a majority of all the members elected to the general court, it shall be entered upon the journals of the two houses with the yeas and nays thereon, and referred to the general court then next to be chosen, and shall be published; and in the general court next chosen as aforesaid, the two houses thereof shall meet together in a joint session and the president of the senate shall preside. If any such amendment shall again be agreed to by a majority of all the members elected to the general court, it shall then be the duty of the general court to submit such amendment or amendments to the people; and such of them as may be approved and ratified by a majority of the qualified voters voting thereon at an election duly called for that purpose shall become part of the constitution of this commonwealth. If the two houses are unable to agree upon a time for a joint session for voting upon an amendment or amendments to the THURSDAY, SEPTEMBER 6, 1917. 213 constitution, the governor of the commonwealth shall appoint the time for such joint session."; By striking out, in line 56, in lines 62 and 63, and in line 77, the words "constitutional amendment or"; By striking out, in line 65, the words "or an amendment to the constitution"; By striking out, in lines 161 and 162, the words "proposed amendment to the constitution, and each"; By striking out, in line 167, the word "provisions", and in- serting in place thereof the word "provision"; By striking out lines 168, 169 and 170; and By striking out, in line 171, the words "In the case of a Law:". After debate, and without action on the resolution, Mr. Hart of Cambridge moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. After the recess the Committee resumed consideration of its Docket, Mr. Harriman being in the chair. The Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered further. After debate, and without action on the resolution, Mr. Bates of Boston moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. 214 JOURNAL OF THE CONVENTION, FRIDAY, September 7, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Francis E. Webster of Waltham, a member of the Convention. Quorum. Quorum. ]\ r Dutch of Winchester moved that the roll of the Con- vention be called, to ascertain if a quorum was present; and this motion prevailed. The roll was called; and 178 members answered to their names, as follows : Messrs. Adams, Brooks Adams, Charles Francis Anderson, Frederick L. Aylward, James F. Bailey, Charles O. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates, John L. Bates, Sanford Bauer, Ralph S. Bergengren, Roy F. Besse, Harold A. Bigney, Robert E. Blackmur, Paul R. Bodfish, John D. W. Bolster, Percy G. Bosworth, Henry H. Boucher, Joseph Zoel Boyden, Frank L. Boyer, Elmer E. Boynton, Thomas J. Brackett, John Q. A. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brooks, George F. Brown, E. Gerry Bruce, Charles Bryant, Lincoln Buck, Maurice A. Buttrick, Allan G. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Messrs. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Cook, Rufus H. Coombs, Zelotes W. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Crafts, Lyman A. Creamer, Walter H. Creed, James F. Crosby, J. Howell Cummings, John W. Curtis, Arthur B. Curtis, Edwin U. Curtiss, Elmer L. Dale, George H. Daley, Peter Daly, John W. Davis, Elbridge G. Dean, Robert A. Delaney, Louis F. Delano, Robert T. Derbyshire, James H. Doe, Orestes T. Dresser, Frank F. Driscoll, Dennis D. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Finn, E. Philip Fisher, Edward Fitz-Randolph, Reginald T. French, Asa P. Garland, Francis P. Gartland, John J. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Glazier, Frederick P. FRIDAY, SEPTEMBER 7, 1917. 215 Messrs. Gleason, Nesbit G. Good, John P. Hale, Edward R. Hale, Matthew Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Harriman, Arthur N. Hart, Albert Bushnell Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Hutchings, Henry M. Johnson, Charles R. Keliher, John A. Kelly, Luke L. Lane, Daniel W. Lane, Dwight F. Langelier, Louis F. R. Leonard, Joseph J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. MacMaster, Edward A. Mancovitz, David Mansfield, John J. McAnarney, John W. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Morton, James M. IMoynihan, James J. Myron, John F. Newton, H. Huestis Nutting, Edward H. O'Connell, John P. O'Connor, John D. Messrs. Parker, Herbert Parkman, Henry Peterson, Patrick Pillsbury, Albert E. Quincy, Josiah Quinn, Timothy F. Richardson, Edward A. Robbins, Edward J. Shanahan, William J. Shattuck, Josiah B. Shea, John M. Shea, John T. . Sheehan, Christopher A. Sherburne, Nelson Smith, Jerome S. Sparrell, Ernest H. Stoeber, Charles Sullivan, Edmund G. Sullivan, William H. Sullivan, William J. Sweeney, Edward A. Sweet, Joseph L. Talbot, Harry R. Tatman, Charles T. Theller, Ralph L. Thompson, Hubert C. Thompson, John L. Trefry, William D. T. Underbill, Charles L. Walcott, Robert Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Washburn, Charles G. Waterman, George B. Webster, Francis E. Wellman, Arthur Holbrook Wheeler, William White, John A. Whitehead, James Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wilson, William H. Wing, Herbert Winslow, Guy M. Therefore it appeared that a quorum was then present. Limit of Debate. Mr. Coombs of Worcester moved that, unless a vote shall be Limit of sooner reached, debate in Committee of the Whole on the Reso- lution to provide for establishing the initiative and referendum (Doc. No. 335) be closed at half-past two o'clock P.M. on Thurs- ty, September 13. Mr. Luce of Waltham moved that the motion be amended by e substitution of the following: " That the time for debate in Committee of the Whole at the orning session of Wednesday next on the Resolution to provide for establishing the initiative and referendum (Doc. No. 335) be Mr. Luce amendment. 216 JOUKNAL OF 'THE CONVENTION, Mr. Lummus, amend- ment. Mr. Washburn, amend- ment. Amendments adopted. equally divided between two speakers, one representing the minority and one the majority of the committee on Initiative and Referendum, and that the time at the afternoon session of the same day be likewise divided, general debate on the measure to close at four o'clock P.M.; that amendments be taken up Thursday next in the order of the paragraphs to which they relate, each speaker on each amendment to be limited to five minutes, [A] no delegate to speak more than once on any one amendment, the debate on each amendment not to exceed one- half hour, with five minutes additional for a member of the committee, and the vote on the amendments to each paragraph to be taken before proceeding to the next paragraph; that amend- ments offered on or before Wednesday be printed in a special docket; and that the chairman of the Committee of the Whole entertain hereafter no motion to extend the time of any speaker on either the main question now pending or amendments thereto." Mr. Lummus of Lynn moved that the amendment be amended by inserting at "A" the words "except that the proponent of an amendment shall be allowed ten minutes/'. After debate Mr. Washburn of Middleborough moved that the motion and pending amendments be referred to the committee on Rules and Procedure; and this motion, after further debate, was negatived, by a vote of 66 to 101. The amendment moved by Mr. Lummus was then adopted; the amendment moved by Mr. Luce, as amended, was adopted; and the motion of Mr. Coombs, as thus amended, was adopted. 41 Leave to print". Daily Pamphlet of Speeches. Mr. Kenny of Boston offered the following order: Ordered, That the committee on Rules and Procedure con- sider the expediency of printing a daily pamphlet in which speeches of members could be published on motion of "leave to print". After debate the previous question was ordered, on motion of Mr. Hall of North Adams; and the order was rejected. September 11. Proposed Evening Session on September 11. Proposed Mr. Washburn of Middleborough moved that, unless it shall on e Tue g sdaT, lon be otherwise ordered, if the Convention is in session at six o'clock P.M. on Tuesday of next week, the President shall declare a recess until seven o'clock; and that, if the Convention is in session at ten o'clock P.M. on said day, the President shall declare an adjournment. The motion was negatived. Submission of Amendments to the People. The following order, offered by Mr. McCormack of Boston, the consideration of which was postponed from the last session, was referred to the committee on Rules and Procedure, on mo- tion of Mr. Underhill of Somerville: FRIDAY, SEPTEMBER 7, 1917. 217 Ordered, That, in the event of the deliberations of the Con- Submission of vention not having been concluded on or before the date wherein Jj^th^Si?* 8 the ballot for the state election for the year 1917 must be pre- state election, pared for printing, the committee on Rules and Procedure con- sider the expediency of the Convention submitting to the people at the coming state election such alterations or amendments of the Constitution as shall be duly authorized and engrossed. Adjournment and Hour of Meeting. Mr. Hart of Cambridge moved that, when the Convention ad- Proposed after- journs to-day, it adjourn to meet at two o'clock this afternoon; and this motion was negatived. Committee of the Whole. On motion of Mr. Hobbs of Worcester the Convention re- Committee of solved itself into Committee of the Whole, for the purpose of t] considering the matters on its Docket. The President appointed Mr. Hobbs to take the chair. Subsequently Mr. Hobbs, for the Committee, reported that the Resolution to provide for establishing the initiative and ref- erendum (Doc. No. 335) had been under consideration, but that no conclusion was reached. At one o'clock, under the provisions of a standing order, the President declared the Convention adjourned, to meet on Tues- day next at half-past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE. FRIDAY, September 7, 1917. Mr. Hobbs of Worcester in the chair. The Resolution to provide for establishing the initiative and initiative and ,__. .. ... r 101 referendum. referendum (Doc. Iso. 335) was considered further. After debate, and without action on the resolution, the chair- man declared the meeting at an end, the hour fixed for the ad- journment of the Convention having arrived. 218 JOUKNAL OF THE CONVENTION, Reports of committees, extension of time. TUESDAY, September 11, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Warren P. Landers of Brockton, Secretary of the Massachusetts Total Abstinence Society. Extension of Time for Certain Reports. On motion of Mr. Dresser of Worcester, Ordered, That the committees on Amendment and Codification of the Constitution, the Judiciary, State Administration, and State Administration and the Executive (sitting jointly) be granted until Tuesday, September 18, in which to report on matters before them. Initiative and referendum. Submission of amendments at the 1917 state election ; procedure and expedition of business. Printing of a Convention Document. The following order, offered by Mr. Walker of Brookline, was referred, under the provisions of a standing order, to the com- mittee on Rules and Procedure: - Ordered, That there be printed for the use of the members of the Convention five hundred additional copies of the Resolution to provide for establishing the initiative and referendum (Doc. No. 335). Submission of Amendments to the People. On motion of Mr. Adams of Quincy, Ordered, That the committee on Rules and Procedure take under consideration the advisability of submitting to the voters at the coming state election such proposals for amendment as may have been x adopted by October 1, and if that should seem advisable, recommend to the Convention what committee re- ports should be taken up at the conclusion of the matter now pending; and also that said committee take under consideration the best method of expediting and co-ordinating the remainder of the work of the Convention. Absentee voting. Order of Business in Committee of the Whole. The following order, offered by Mr. Newton of Everett, was referred to the committee on Rules and Procedure, on motion of that member: Ordered, That the Resolution to provide for absentee "voting (Doc. No. 58) be assigned for consideration in Committee of the Whole immediately after the disposition of the Resolution to provide for establishing the initiative and referendum. The following order, offered by Mr. Dennis D. Driscoll of Boston, was referred to the committee on Rules and Procedure, on motion of that member: TUESDAY, SEPTEMBER 11, 1917. 219 Ordered, That the Resolution to authorize the enactment of laws governing the acquirement, sale and distribution of the acquiement, necessities of life (Doc. No. 318) be assigned for consideration distribution. in Committee of the Whole immediately after the disposition of the Resolution to provide for establishing the initiative and referendum. The following order, offered by Mr. Pillsbury of Wellesley, was adopted, by a vote of 70 to 11: Ordered, That the committee on Rules and Procedure consider Order of the expediency of discharging the Committee of the Whole from further consideration of any matters standing referred to it upon the Whole disposition of the pending resolution (Doc. No. 335), and also what other changes in procedure or rearrangement of the remain- ing work of the committees and the Convention may be necessary or desirable. Mr. Clark of Wilmington moved that the vote be reconsidered Motion to by which the order was adopted; and this motion, under the rule, " was placed first in the Orders of the Day for the next session. Amendment of Rule 45 Adjournments. The following order, offered by Mr. Sawyer of Ware, was referred to the committee on Rules and Procedure, on motion of that member: Ordered, That the committee on Rules and Procedure consider Amendment the expediency of amending Rule 45 by adding at the end thereof adjournments. the following: provided, however, that, if the Convention shall at any time after September 25 vote to place upon the ballot at the state election to be holden on November 6, 1917, such proposals to amend the Constitution as have been ordered to be engrossed and submitted to the people, the Convention may adjourn to a time not later than the eighth day following said election. Resolution of Sympathy. The following resolution, presented by Mr. Bates of Boston, was unanimously adopted by a rising vote: Resolved, That the members of this Convention extend to Georges. Delegate George S. Parker of Boston their profound and heart- Boston f felt sympathy in his great bereavement, and deplore with him the untimely death of his wife, who departed this life on Sep- tember 10. Members Absent in Government Service. Mr. Glazier of Hudson moved that the committee on Rules and Procedure be instructed to report forthwith on the following order, offered by Mr. W T alker of Brookline, and referred to said committee on August 28: Ordered, That members of the Convention who are granted J^^JJ leave of absence on account of military or naval service for the government national government be authorized to arrange to be paired on Irrlngen^ent questions coming before the Convention on which the yeas and of pairs. nays are ordered. 220 JOURNAL OF THE CONVENTION, Quorum. Committee of the Whole. Initiative and referendum. Recess. Committee of the Whole. Initiative and referendum. After debate Mr. Sawyer of Ware moved that the further con- sideration of the motion be postponed until the next session; and this motion prevailed. Quorum. Mr. Bouve of Hingham asked for a count of the Convention to ascertain if a quorum was present. A count showed that 151 members were present. Committee of the Whole. On the appearance of a quorum the Convention resolved itself into Committee of the Whole, on motion of Mr. Newton of Everett, for the purpose of considering the matters on its Docket. The President appointed Mr. Newton to take the chair. Subsequently IVfr. Newton, for t^e Committee, reported that the Resolution to provide for establishing the initiative and refer- endum (Doc. No. 335) had been under consideration, but that no conclusion was reached. At one o'clock, under the provisions of a standing order, the President declared a recess until two o'clock; at which hour the Convention reassembled. On motion of Mr. Newton of Everett the Convention resolved itself into Committee of the Whole, for the purpose of consider- ing the matters on its Docket. The President appointed Mr. Newton to take the chair. Subsequently (Mr. Luce of Waltham being in the chair) Mr. Newton, for the Committee, reported that the Resolution to provide for establishing the initiative and referendum (Doc. No. 335) had been under consideration, but that no conclusion was reached. At twenty-three minutes before six o'clock, on motion of Mr. Quincy of Boston (Mr. Luce being in the chair), the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE. Initiative and referendum. TUESDAY, September 11, 1917. Mr. Newton of Everett in the chair. The Resolution to provide for establishing the initiative an< referendum (Doc. No. 335) was considered further. After debate, and without action on the resolution, Mr. Lowell of Newton moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. TUESDAY, SEPTEMBER 11, 1917. 221 After the recess the Committee resumed consideration of its Docket, Mr, Newton being in the chair. The Resolution to provide for establishing the initiative and S!SSS " d referendum (Doc. No. 335) was considered further. After debate Mr. Richardson of Newton moved that the reso- Mr. Richard- lution be amended by inserting after line 35 the following para- graph, with the heading "Excluded Matter": "No part of the constitution which provides for the establish- ment of the initiative and referendum shall be the subject of an initiative petition." After further debate Mr. Sullivan of Salem asked for a count Quorum, of the Committee to ascertain if a quorum was present. A count showed that 108 members were present. Mr. Montague of Boston moved that the resolution be amended ?? as follows: merits. By adding after the word "representatives", in line 80, the words " With the exception of the first ten signers of an initiative petition, all petitions brought under this article of the constitu- tion shall be signed in the presence of some city or town official of the city or town in which the signer of the petition is a regis- tered voter."; By inserting after line 157 the following paragraph: " Provision for the designation of the city or town officials in the presence of whom initiative petitions may be signed and for the designation of such place or places in each city and town in the commonwealth where such petitions may be signed, as the con- venience of the voters requires, may be made by law."; and By inserting after line 160 the following paragraph: " Provision may be made by law that voters in towns may at a regular meeting of the voters or at a special meeting called for the purpose consider proposed initiative or referendum petitions, and if a majority of the qualified voters present at such meeting and voting thereon vote in favor of such initiative or referendum petition, the number of those so voting in the affirmative shall be certified by the town clerk to the secretary of the common- wealth, and the number of voters so certified shall be counted as favoring such initiative or referendum petition to the same effec't as if they had signed a petition in the manner herein otherwise provided." Mr. Sawyer of Ware moved that the resolution be amended by Mr. Sawyer, adding at the end thereof the following paragraph: - "The general court shall provide by rule that, on all reports based on initiative petitions, debate at some stage thereof shall, in the case of a proposed law, continue for at least six hours, and, in the case of a proposed amendment of the constitution, for at least ten hours, unless sooner closed by unanimous consent." Mr. Quincy of Boston moved that the resolution be amended as follows: By striking out the semicolon at the end of line 22, and insert- ing in place thereof a period; By striking out, in lines 23, 24 and 25, the words "and if such next general court shall fail before the first Wednesday of June to agree to such amendment in the manner provided in such 222 JOURNAL OF THE CONVENTION, ninth article", and inserting in place thereof the words "A vote shall be taken by yeas and nays in both branches of such next general court before the first Wednesday of June upon agreeing to such amendment in the form in which it stands in such initia- tive petition"; amendments'" By inserting after the word "signers", in line 61, the words ": provided, that no initiative petition shall be so filed until it has been submitted to the attorney-general or to an officer whose duty it is to assist members or committees of the general court in the drafting of bills and the constitutional amendment or law which is the subject of the petition has been certified either by the attorney-general or by such officer to be in proper form for submission to the people"; By inserting after line 80 the following paragraph, with the heading "Legislative Alternative Measure": " If the vote of the general court upon a measure introduced by initiative petition shall not result in the adoption of such measure as herein provided, the general court may thereafter upon its own initiative, by resolve passed by the yeas and nays, provide for the submission to the people at the next state election of an amended or alternative form of such measure, to be designated on the ballot as the legislative form thereof; and in case both the initiative form and the legislative form of such measure are submitted to the people, the same shall be placed together upon the ballot and designated as alternative measures only one of which shall take effect. The ballot shall afford the voter an op- portunity to vote for or against either or both of such alternative measures, but in case both shall receive the affirmative votes of a majority of the voters voting thereon only the measure which receives the larger affirmative vote shall be deemed to be ap- proved."; By inserting after the word "provided,", in line 99, the words " that the governor may, at any time before the election at which it is to be submitted to the people on referendum, declare any law to be an emergency measure hereunder by filing with the secretary of the commonwealth a statement setting forth the facts constituting the emergency, that in his opinion the immediate preservation of the public peace, health, safety or convenience require that such law should go into operation forthwith, then such law, if not previously suspended as hereinafter provided, shall take effect without suspension, or if such law has been so sus- pended such suspension shall thereupon terminate and such law shall thereupon go into effect: and provided, further,"; and By adding at the end of line 157 the words ", and pending the passage of such legislation all provisions of law relating to the identification and certification of signatures to petitions for the nomination of candidates for state offices or to penalties for the forgery of such signatures shall apply to the signatures to the petitions herein referred to". After further debate, and without action on the resolution, Mr. Luce of Waltham moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. WEDNESDAY, SEPTEMBER 12, 1917. 223 WEDNESDAY, September 12, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Clarence F. Swift, D.D., of Fall River. Printing of a Convention Bulletin. The following order, offered by Mr. Anderson of Newton, was referred, under the provisions of a standing order, to the com- mittee on Rules and Procedure: Ordered, That there be printed five hundred additional copies "Appropria- of the bulletin on "Appropriations for Sectarian and Private sectarian and Purposes", prepared by the commission appointed to compile p 1 ^,, information and data for the Convention. Compensation of Various Employees. Mr. Nestor of Lowell, for the committee on Contingent Ex- penses and Pay-Roil, to whom was referred the order authorizing said committee to provide for compensation to be paid to certain State House employees upon whom extra duties and labors are imposed by reason of this Convention, reported recommending the adoption of the following order: Ordered, That there be allowed and paid to such engineers, Engineers, firemen, electricians, helpers, elevator men, oilers and steam fitters as may be employed in the State House during the full term of the Constitutional Convention the sum of one hundred dollars each for additional labor performed and loss of vaca- tions. Such members of the force aforesaid who may not be employed for the full term shall be paid upon the. same basis proportional to their length of service, all as determined and ap- proved by the Sergeant-at-Arms. The report was read.; and the order was placed in the Orders of the Day for the next session. Members Absent in Government Service. Mr. Walker of Brookline, for the committee on Rules and Pro- Members cedure, to whom was referred the order providing that members governme of the Convention who are granted leave of absence on account service, - of military or naval service for the national government be authorized to arrange to be paired on questions coming before the Convention on which the yeas and nays are ordered, reported recommending that the same ought not to be adopted. The report was read; and the order was placed in the Orders of the Day for the next session. 224 JOURNAL OF THE CONVENTION, Absentee voting. Necessities of life, acquirement, sale and distribution-. Debate on initiative and referendum. Order of procedure in Committee of the Whole. Members absent in government service, arrangement of pairs. Order of Business in Committee of the Whole. Mr. Walker of Brookline, for the committee on Rules and Procedure, to whom was referred the order providing that the Resolution to provide for absentee voting (Doc. No. 58) be as- signed for consideration in Committee of the Whole immediately after the disposition of the Resolution of provide for establishing the initiative and referendum, reported recommending that the same ought to be adopted in a new draft, as follows: - Ordered, That the subject of absentee voting be assigned for consideration in Committee of the Whole immediately after dis- position of the subject of initiative and referendum. Mr. Edwin U. Curtis of Boston, for the committee on Rules and Procedure, to whom was referred the order providing that the Resolution to authorize the enactment of laws governing the acquirement, sale and distribution of the necessities of life (Doc. No. 318) be assigned for consideration in Committee of the Whole immediately after the disposition of the Resolution to provide for establishing the initiative and referendum, reported recommending that the same ought to be adopted in a new draft, as follows: Ordered, That the Committee of the Whole consider the pro- posals of amendment to the Constitution relative to the acquire- ment, sale and distribution of the necessities of life immediately after disposition of the subject of absentee voting. The reports were read; and the orders were severally placed in the Orders of the Day for the next session. Mr. Hale of Boston moved that the four members selected to close the debate in Committee of the Wliole on the Resolution to provide for establishing the initiative and referendum (Doc. No. 335) be each allowed one hour and thirty minutes, and that the time for closing debate be extended to six o'clock P.M. After debate the motion was negatived. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The motion of Mr. Clark of Wilmington, that the vote be re- considered by which the Convention, at the last session, adopted the order that the committee on Rules and Procedure consider the expediency of discharging the Committee of the Whole from further consideration of any matters standing referred to it upon disposition of the pending resolution (Doc. No. 335), and also what other changes in procedure or rearrangement of the remaining work of the committees and the Convention may be necessary or desirable, was withdrawn by that member, there being no objection. The motion of Mr. Glazier of Hudson, that the committee on Rules and Procedure be instructed to report forthwith on the order that members of the Convention who are granted leave of absence on account of military or naval service for the national WEDNESDAY, SEPTEMBER 12, 1917. 225 government be authorized to arrange to be paired on questions coming before the Convention on which the yeas and nays are ordered, was withdrawn by that member, there being no objection. Committee of the Whole. On motion of Mr. Wellman of Topsfield the Convention re- Committee of solved itself into Committee of the Whole, for the purpose of the Whole ' considering the matters on its Docket. The President appointed Mr. Wellman to take the chair. Subsequently Mr. Wellman, for the Committee, reported that initiative and the Resolution to provide for establishing the initiative and referendum - referendum (Doc. No. 335) had been under consideration, but that no conclusion was reached. At one o'clock, under the provisions of a standing order, the Recess. President declared a recess until two o'clock; at which hour the Convention reassembled. On motion of Mr. Wellman of Topsfield (Mr. Washburn of Worcester being in the chair) the Convention resolved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The Chair appointed Mr. Wellman as chairman of the Com- mittee. Subsequently Mr. Wellman, for the Committee, reported that initiative and the Resolution to provide for establishing the initiative and referendum - referendum (Doc. No, 335) had been under consideration, but that no conclusion was reached. At five minutes after four o'clock, on motion of Mr. Ayl- ward of Cambridge (Mr. Washburn of Worcester being in the chair), the Convention adjourned, to meet to-morrow at half- past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE. WEDNESDAY, September 12, 1917. Mr. Wellman of Topsfield in the chair. The Resolution to provide for establishing the -initiative and initiative^ 3 referendum (Doc. No. 335) was considered further. Mr. Walker of Brookline moved that the Resolution be Mr. Walker,' amended as follows: amendments. By striking out, in lines 50 and 51, the words " , subject to the provisions of the constitution,"; By adding after the word "law", in line 54, the words ": pro- vided, that the limitations of the legislative power of the general 226 JOURNAL OF THE CONVENTION, Mr. Walker, amendments. Mr. Cummings, amend- ment. Mr. Morrill, - amendment. Mr. Swig, amendment. Mr. Luce, amendments. court in the constitution shall extend to the legislative power of the people as exercised hereunder"; By inserting after line 80 the following paragraph: - "If the general court fails to agree to a proposed constitu- tional amendment or to pass a proposed law before the first Wednesday of June, the first ten signers of the initiative petition therefor, or a majority of them, shall have the right, subject to certification by the attorney-general filed as hereinafter provided, to amend the measure which is the subject of such petition. An amendment so made shall not invalidate any signature attached to the petition. If the measure so amended, signed by such first ten signers or a majority of them, is filed with the secretary of the commonwealth before the first Wednesday of the following July, together with a certificate signed by the attorney-general to the effect that the amendment made by such proposers is in his opinion perfecting in its nature and does not materially change the substance of the measure, then the secretary of the common- wealth shall submit the measure to the people in its amended form; in case of failure to file such amended measure, together with such certificate, he shall submit the measure in its original form."; By striking out, in line 164, the words "secretary of the commonwealth ", and inserting in place thereof the words " attorney-general " ; and By adding at the end of the resolution the following para- graph: - " Subject to the veto power of the governor and to the right of referendum by petition as herein provided, the general court may amend or repeal a law approved by the people." Mr. Cummings of Fall River moved that the resolution be amended by inserting after line 83 the following paragraph : - "No law or amendment to the constitution relating to the appointment, qualification, tenure, or removal or compensation of judges; or relating to the recall of judges or judicial decisions; or relating to the creation or abolition of courts, shall be the subject of such initiative petition." Mr. Morrill of Haverhill moved that the resolution be amended by the substitution of a resolution printed as Doc. No. 352. Mr. Swig of Taunton moved that the resolution be amended by inserting after the word "institutions,", in line 150, the words "and no law relating to religion or religious institutions,". Mr. Luce of Waltham moved that the resolution be amended as follows: By inserting after the word "thereon", in line 50, the words ", and not disapproved by the subsequent general court"; By striking out, in line 52, the words "such state election", and inserting in place thereof the words "the prorogation of such general court"; By striking out, in line 53, the word " election ", and inserting in place thereof the word " prorogation "; By inserting after line 54 the following paragraph: WEDNESDAY, SEPTEMBER 12, 1917. 227 " If proposed laws contain conflicting provisions, the governor Mr. Luce, shall designate one of such laws to be submitted to the voters. amendments - If it is rejected, the governor in office on the first Wednesday of August before the succeeding election may designate another to be put on the ballot, and so on until one has been accepted or all have been rejected."; By inserting after line 54 the following paragraph: "The same measure, either in form or essential substance, shall not be made the subject of an initiative petition (either affirmatively or negatively) oftener than once in three years."; By adding after the word "representatives", in line 80, the words ", where it may be amended in matter of detail without altering its general purpose"; By inserting after line 80 the following paragraph: " If, of the measures introduced into the general court by initia- tive petition in any one year, more than five fail of enactment by the general court, and the petitions relating to more than five are duly completed, the governor shall designate five and no more to be submitted to the people at the next state election. The measures not so designated shall be deemed to be introduced into the next session of the general court and pending in the house of representatives."; By striking out, in lines 81 and 82, the words "No law, the operation of which is restricted to a town, city or other political division of the commonwealth", and inserting in place thereof the words " No law entailing the appropriation of money, and no private, special or local law"; By inserting after line 83 the following paragraph: "No proposed law shall contain more than one subject."; By inserting after line 83 the following paragraph: " A proposed law shall be confined to a specific, concrete propo- sition, unaccompanied by administrative or technical detail, but may direct what agency of government shall administer it."; By striking out, in line 149, the words "of any", and inserting in place thereof the words "for any"; and By striking out lines 154 to 157, inclusive, and inserting in place thereof the following paragraph: "Provision for the proper identification and certification of signatures to the petitions hereinbefore referred to, and for pen- alties for the forgery of or payment for securing signatures thereto, shall be made by law." Mr. Lowell of Newton moved that the resolution be amended by the substitution of a resolution printed as Doc. No. 351. Mr. Underbill of Somerville moved that the resolution be Mr. Underbill, amended by inserting after the word "commonwealth,", in line ~" 82, the words "and no law affecting labor organizations,"; and By inserting after the word "commonwealth,", in line 152, the words "and no law affecting labor organizations,". Mr. Curtis of Revere moved that the resolution be amended by striking out, in line 158, the words "twenty-five per cent", and inserting in place thereof the word "one-eighth". 228 JOURNAL OF THE CONVENTION, Mr. Washburn, amendment. Mr. Washburn of Middleborough moved that the resolution be amended by striking out lines 13 to 35, inclusive, and insert- ing in place thereof the following paragraph: "If an initiative petition for any specific and particular amendment to the constitution is introduced into the general court, in the manner hereinafter provided, signed by not less than eight per centum of the qualified voters of the common- wealth, calculated upon the whole number of votes cast for governor at the last preceding election, and the general court into which it is introduced shall fail to agree to such amend- ment in the manner provided in the ninth article of amendment to the constitution, such amendment shall nevertheless be deemed to be referred to the next general court and shall have the same standing therein as if once agreed to; and if such next general court shall fail before the first Wednesday of June to agree to such amendment or shall propose a substitute form thereof, in the manner provided in such ninth article, and if a supplementary petition for such amendment signed by not less than two per centum of the qualified voters, calculated upon the whole number of votes cast for governor at the last preceding election, in addition to those signing the original petition, shall be filed with the secretary of the commonwealth not earlier than the first Wednesday of the following July nor later than the first Wednesday of the following August, then the secretary of the commonwealth shall submit to the people at the next state election such amendment together with any such sub- stitute form thereof. If such amendment, or such substitute form thereof, shall be approved by a majority of the qualified voters voting thereon, it shall become part of the constitution of this commonwealth on the first day of January next after such approval, provided that for any amendment proposed under this section the affirmative vote shall not be less than one-third of the highest number of votes cast at such state election. If conflicting amendments to the constitution shall be approved at the same election, the one receiving the highest number of affirmative votes shall become part of the constitution of this commonwealth. The legislature shall enact proper laws to carry out the provisions of this section." After debate, and without action on the resolution, the chair- man declared the meeting at an end, the hour fixed for the recess of the Convention having arrived. Quorum. Initiative and referendum. After the recess the Committee resumed consideration of its Docket, Mr. Wellman being in the chair. Mr. Washburn of Worcester doubted the presence of a quorum. The chairman instructed the Sergeant-at-Arms to secure the at- tendance of a quorum. On the appearance of a quorum the Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered further. WEDNESDAY, SEPTEMBER 12, 1917. 229 Mr. Youngman of Boston moved that the resolution be Mr. Young- amended as follows: - By striking out, in lines 50, 121 and 145, the words "voting thereon", and inserting in place thereof, in each instance, the words "who vote at said election"; and By the substitution of a resolution printed as Doc. No. 353. Mr. Morrill of Haverhill moved that the resolution be amended as follows : By striking out, in lines 18 to 30, inclusive, the words "in the manner provided in the ninth article of amendment to the con- stitution, such amendment shall nevertheless be deemed to be referred to the next general court and shall have the same stand- ing therein as if once agreed to; and if such next general court shall fail before the first Wednesday of June to agree to such amendment in the manner provided in such ninth article, and if such initiative petition is completed by filing with the secretary of the commonwealth, not earlier than the first Wednesday of the following July nor later than the first Wednesday of the following August, not less than ten thousand additional signatures of such qualified voters"; By striking out, in lines 85, 105 and 130, the word "sixty", and inserting in place thereof, in each instance, the word "ninety"^ By striking out, in line 93, the comma after the word "health", and inserting in place thereof the word "or"; By striking out, in the same line, the words "or convenience"; By striking out lines 154 to 157, inclusive, and inserting in place thereof the following paragraph: "In carrying out the provisions of this article, the secretary of the commonwealth and all other public officers shall be guided, where other provision is not specified herein, by the laws relating to elections, in so far as applicable, and any initia- tive or referendum petition coming within the provisions hereof shall be signed and certified as to signatures in the manner pro- vided by law relative to nomination papers of candidates for the general court. And the penalties for forgery or fraud provided in the laws relative to elections shall apply with equal force to initiative or referendum petitions herein specified."; and By striking out lines 158, 159 and 160, and inserting in place thereof the following paragraph: "Not more than fifty per centum of the certified signatures on any petition shall be those of registered voters of the city of Boston, or of any one county." Mr. Willett of Norwood moved that the resolution be amended by the substitution of a resolution printed as Doc. No. 354. Mr. Donovan of Springfield moved that the resolution be Mr. Donovan, amended as follows: mente! nd " By striking out, in line 16, the word "forty", and inserting in place thereof the word "twenty-five"; By striking out, in line 29, the word "ten", and inserting in place thereof the word "five"; and 230 JOURNAL OF THE CONVENTION, By striking out, in line 38, the word "twenty", and inserting in place thereof the word "ten". After debate, and without action on the resolution, Mr. Pills- bury of Wellesley moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. THURSDAY, SEPTEMBER 13, 1917. 231 THURSDAY, September 13, 1917. Met according to adjournment, at half-past ten o'clock A.M., with Mr. Washburn of Worcester in the chair. Prayer was offered by Rev. Prancis E. Webster of Waltham, a member of the Convention. Qualification of a Member. Mr. Charles S. Bird, Jr., of Walpole, member-elect from the Qualification Thirteenth Congressional District, being present, the oaths of BiSj5?of ' qualification were administered by the Chair, and were duly Walpole. taken and subscribed by Mr. Bird. Report of a Committee. Mr. Dresser of Worcester, for the committee on the Judiciary, Taking of to whom was recommitted the Resolution relative to the right ^teSt of the Commonwealth to take or to authorize the taking of domain. land by eminent domain (Doc. No. 94), reported that the same ought not to pass. The report was read; and the resolution was referred, under the rule, to the Committee of the Whole. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The following order, reported by the committee on Contingent Expenses and Pay-Roll, was adopted: - Ordered, That there be allowed and paid to such engineers, Engineers, firemen, electricians, helpers, elevator men, oilers and steam ^JJJmen fitters as may be employed in the State House during the full and others, term of the Constitutional Convention the sum of one hundred compen dollars each for additional labor performed and loss of vacations. Such members of the force aforesaid who may not be employed for the full term shall be paid upon the same basis proportional to their length of service, all as determined and approved by the Sergeant-at-Arms. The following order, reported by the committee on Rules and Procedure, was considered: Ordered, That the subject of absentee voting be assigned for Absentee consideration in Committee of the Whole immediately after votin - disposition of the subject of initiative and referendum. Mr. Brown of Brockton asked for a count of the Convention Quorum. to ascertain if a quorum was present. A count showed that 87 members were present. On the appearance of a quorum the order was adopted. 232 JOURNAL OF THE CONVENTION, Necessities of life, acquirement, distribution. Members absent in government service, arrangement of pairs. The following order, reported by the committee on Rules and Procedure, was adopted: Ordered, That the Committee of the Whole consider the pro- posals of amendment to the Constitution relative to the acquire- ment, sale and distribution of the necessities of life immediately after disposition of the subject of absentee voting. The following order was considered: Ordered, That members of the Convention who are granted leave of absence on account of military or naval service for the national government be authorized to arrange to be paired on questions coming before the Convention on which the yeas and nays are ordered. After debate the order was rejected, as recommended by the committee on Rules and Procedure, by a vote of 77 to 93. Committee of the Whole. Initiative and referendum. Recess. Quorum. Committee of the Whole. Initiative and referendum. Committee of the Whole. On motion of Mr. Jones of Melrose the Convention resolved itself into Committee of the Whole, for the purpose of consid- ering the matters on its Docket. The Chair appointed Mr. Jones as chairman of the Committee. Subsequently Mr. Jones, for the Committee, reported that the Resolution to provide for establishing the initiative and referendum (Doc. No. 335) had been under consideration, that action had been taken on certain amendments, but that no conclusion was reached. At one o'clock, under the provisions of a standing order, the Chair declared a recess until two o'clock; at which hour the Convention reassembled. Mr. Feiker of Northampton doubted the presence of a quorum. The Chair (Mr. Washburn of Worcester) requested the Sergeant- at-Arms to secure the attendance of a quorum. On the appearance of a quorum the Convention resolved itself into Committee of the Whole, on motion of Mr. Jones of Mel- rose, for the purpose of considering the matters on its Docket. The Chair appointed Mr. Jones as chairman of the Committee, Subsequently Mr. Jones, for the Committee, reported that the Resolution to provide for establishing the initiative and ref- erendum (Doc. No. 335) had been under consideration, that action had been taken on certain amendments, but that no con- clusion was reached. At six minutes after four o'clock, on motion of Mr. Bryant of Milton (Mr. Washburn being in the chair), the Convention adjourned, to meet to-morrow at. half-past ten o'clock A.M. THURSDAY, SEPTEMBER 13, 1917. 233 JOURNAL OF THE COMMITTEE OF THE WHOLE, THURSDAY, September 13, 1917. Mr. Jones of Melrose in the chair. The Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered further. The amendments previously moved by Mr. Dellinger of Wake- Question of field were first considered; and after the time for debate had pnvllege - expired, in accordance with the provisions of a standing order, Mr. Willett of Norwood rose to a question of personal privilege. Soon afterwards Mr. William H. Sullivan of Boston raised the Point of order, point of order that the member from Norwood was not confining his remarks to a question of privilege. The Chair declared the point of order not well taken. Mr. Sawyer of Ware appealed from the decision of the Chair. The appeal was seconded by Mr. Carr of Hopkinton. After debate the decision of the Chair was sustained by the Committee. Mr. James H. Brennan then moved that the letters read by Mr. Willett be stricken from the records. The question was put, and the chairman stated that the motion appeared to have been negatived. Mr. Luce of Waltham raised the point of order that the Point of order. Committee had no power over the records of the Convention, and that therefore the motion should not have been considered. The Chair declared the point of order well taken. The amendments previously moved by Mr. Dellinger were then rejected, by a vote of 129 to 148. The amendment of lines 13 to 35, inclusive, previously moved by Mr. Loring of Beverly, was then considered. Mr. Quincy of Boston raised the point of order that the Point of order, amendment was foreign to the subject-matter of the resolution. The Chair declared the point of order not well taken, stating that Rule 26 contemplates a wide latitude in matters of this nature. Mr. Morrill of Haverhill moved that the resolution be amended by adding at the end thereof the following paragraph: - "If at any time hereafter any specific and particular amend- ment or amendments to the constitution be proposed in the general court, the two houses thereof shall meet together in a joint session and the president of the senate shall preside. If any such amendment shall be agreed to at such joint session by a majority of all the members elected to the general court, it shall be entered upon the journals of the two houses with the 234 JOURNAL OF THE CONVENTION, yeas and nays thereon, and referred to the general court then next to be chosen, and shall be published; and in the general court next chosen as aforesaid, the two houses thereof shall meet together in a joint session and the president of the senate shall preside. If any such amendment shall again be agreed to by a majority of all the members elected to the general court, it shall then be the duty of the general court to submit such amendment or amendments to the people; and such of them as may be approved and ratified by a majority of the qualified voters voting thereon at an election duly called for that purpose shall become part of the constitution of this commonwealth. If the two houses are unable to agree upon a time for a joint session for voting upon an amendment or amendments to the constitution, the governor of the commonwealth shall appoint the time for such joint session." After further debate Mr. Pillsbury of Wellesley moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. Initiative and referendum. Mr. Quincy, amendment. Id. After the recess the Committee resumed consideration of its Docket, Mr. Jones being in the chair. The Resolution to provide for establishing the initiative and referendum (Doc. No. 335) was considered further. The amendment of lines 13 to 35, inclusive, previously moved by Mr. Loring of Beverly, was rejected. The amendments previously moved by Mr. Donovan of Springfield were rejected. The amendments of lines 22 to 25, inclusive, previously moved by Mr. Quincy of Boston, were considered; and after debate they were withdrawn by that member, there being no objection. Mr. Quincy then moved that the resolution be amended by adding at the end of line 35 the words "A vote shall be taken by yeas and nays in both branches of each general court, before which an amendment introduced by initiative petition is pending, before the first Wednesday of June upon agreeing to such amend- ment in the form in which it stands in such initiative petition." This amendment was adopted. The amendment of lines 18 to 30, inclusive, previously moved by Mr. Morrill of Haverhill, was considered; and after debate it was rejected. The amendment of lines 13 to 35, inclusive, previously moved by Mr. Washburn of Middleborough, was withdrawn by that member, there being no objection. The amendment previously moved by Mr. Richardson of Newton was considered; and after debate it was rejected, by a vote of 106 to 129. Mr. Quincy of Boston moved that the resolution be amended by striking out, in line 39, the word "and", and inserting in place thereof the words "a vote shall be taken by yeas and nays in both branches of such general court before the first Wednesday THURSDAY, SEPTEMBER 13, 1917. 235 of June upon the enactment of such law in the form in which it stands in such initiative petition, and if". After debate this amendment was adopted. The amendments of lines 50, 52 and 53, previously moved by Mr. Luce of Waltham, were considered; and after debate they were withdrawn by that member, there being no objection. The amendments of lines 50, 121 and 145, previously moved by Mr.. Youngman of Boston, were considered. After debate Mr. Curtis of Revere moved that the Committee rise; and this motion was adopted, by a vote of 102 to 96. Accordingly the Committee rose. 236 JOURNAL OF THE CONVENTION, FRIDAY, September 14, 1917. Met according to adjournment, at half-past ten o'clock A.M., with Mr. Washburn of Worcester in the chair. Prayer was offered by Rev. Roland D. Sawyer of Ware, a member of the Convention. Debate on initiative and referendum. Procedure in Committee of the Whole. Mr. Luce of Waltham moved that, in the further consideration of the matter now pending in Committee of the Whole, on each amendment or group of connected amendments a speaker for the minority of the committee on Initiative and Referendum shall have five minutes, to be taken last before the five minutes al- lotted to the majority of the committee, and to be in addition to the time already provided. After debate the motion was adopted. Initiative and referendum. Compensation for porters and watchmen. Debate on initiative and referendum. Printing of a Convention Document. Mr. Edwin U. Curtis of Boston, for the committee on Rules and Procedure, to whom was referred the order providing that there be printed for the use of the members of the Convention five hundred additional copies of the Resolution to provide for establishing the initiative and referendum (Doc. No. 335), re- ported recommending that the same ought to be adopted. The report was read; and the order was considered forthwith and was adopted. Compensation of Certain Employees. Mr. Kenny of Boston offered the following order: Ordered, That the committee on Contingent Expenses and Pay-Roil cqnsider the expediency of including the porters of the State House in the list of employees receiving one hundred dol- lars each for extra work. Mr. Underhill of Somerville moved that the order be amended by inserting after the word "porters" the words "and watch- men". After debate the amendment was adopted; and the order, as amended, was then adopted. Debate on Initiative and Referendum. The consideration of the following order, offered by Mr. Sawyer of Ware, was postponed until the next session, at the request of Mr. Sullivan of Salem: Ordered, That, in debate in Convention on each stage of the Resolution to provide for establishing the initiative and refer- endum (Doc. No. 335), speeches be limited to fifteen minutes FRIDAY, SEPTEMBER 14, 1917. 237 each, with no extension of time, except that a member of the mi- nority and a member of the majority of the committee on Initia- tive and Referendum shall each be allowed one hour at the close of debate on said stages. Proposed Discharge of the Committee of the Whole. Mr. Bennett of Saugus moved that the Committee of the Discharge of Whole be discharged from the further consideration of all mat- \tewl$* ters on its Docket. After debate this motion was negatived. Committee of the Whole. On motion of Mr. Pillsbury of Wellesley the Convention re- Committee of solved itself into Committee of the Whole, for the purpose of tneWhole - considering the matters on its Docket. The Chair appointed Mr. Pillsbury as chairman of the Com- mittee. Subsequently Mr. Pillsbury, for the Committee, reported that initiative and the Resolution to provide for establishing the initiative and refer- referendum - endum (Doc. No. 335) had been under consideration, that action had been taken on certain amendments, but that no conclusion was reached. At ten minutes before one o'clock, on motion of Mr. Park- man of Boston (Mr. Washburn being in the chair), the Con- vention adjourned, to meet on Tuesday next at half-past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE. FRIDAY, September 14, 1917. Mr. Pillsbury of Wellesley in the chair. The Resolution to provide .for establishing the initiative and initiative and referendum (Doc. No. 335, amended) was considered further. The amendments of lines 50, 121 and 145, previously moved by Mr. Youngman of Boston, were withdrawn by that member, there being no objection. Mr. Merriam of Framingham moved that the resolution be Mr. Memam, amended by inserting after line 83 the following paragraph: "No law or amendment to the constitution relating to the declaration of rights shall be the subject of such initiative petition." The amendments of lines 50, 51 and 54, previously moved by Mr. Walker, Mr. Walker of Brookline, were considered; ancj after debate they am( were adopted, as follows: Striking out, in lines 50 and 51, the words ", subject to the provisions of the constitution,"; and 238 JOURNAL OF THE CONVENTION, Mr. Anderson, amendment. Id. Point of order. Adding after the word "law", in line 54, the words ": pro- vided, that the limitations of the legislative power of the general court in the constitution shall extend to the legislative power of the people as exercised hereunder". Mr. Anderson of Newton then moved that the resolution be amended, in lines 30 and 46, by inserting after the word "voters", in each instance, the words "obtained after the first Wednesday of June aforesaid". After debate these amendments were adopted. Mr. Anderson also moved that the resolution be amended by adding at the end of line 35 the words " Provided that, unless at least one-third of the members of the house present and voting and one-quarter of the members of the senate present and voting in both of the annual sessions aforesaid vote to adopt the initia- tive petition for a constitutional amendment, it shall not be sub- mitted to the people." After debate the amendment was adopted, by a vote of 132 to 128. Mr. Lomasney of Boston moved that this vote be reconsidered. After debate the motion to reconsider was adopted, by a vote of 142 to 115. The Chair proceeded to put the recurring question, whereupon Mr. Luce of Waltham raised the point of order that, the vote on the amendment having been reconsidered, the recurring ques- tion was open to debate. The Chair declared the point of order not well taken. Mr. Luce then appealed from the decision of the Chair; and the appeal was seconded by Mr. Richardson of Newton. After debate, pending the question on the appeal, Mr. Lomasney moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. TUESDAY, SEPTEMBER 18, 1917. 239 TUESDAY, September 18, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Arthur D. Stroud of Hudson. Reception of the Japanese War Mission. On motion of Mr. Lummus of Lynn, Ordered, That a committee of eleven members be appointed to wait upon His Excellency the Governor, and upon His Excellency Viscount Ishii and his distinguished colleagues of the Imperial Japanese War Mission, and inform them that the Massachusetts Constitutional Convention is now in session and requests the pleasure and honor of their presence. The President appointed as the committee Messrs. Lummus of Lynn, Boucher of New Bedford, Coombs of Worcester, Wonson of Gloucester, Bailey of Newbury, Good of Cambridge, Smith of Provincetown, Flye of Holbrook, Maguire of Boston, Bryant of Milton and Weekes of Harwich; and they proceeded to the discharge of their duty under escort of the Sergeant-at-Arms. Soon afterwards Mr. Lummus, for the committee, reported that they had attended to the duty assigned them, and that His Excellency the Governor had accepted the invitation of the Convention for himself and his guests and for the Envoys and their guests, and that they would attend upon the Convention forthwith. Thereupon His Excellency the Governor, His Honor the Lieutenant-Governor, His Excellency Viscount Ishii, Ambassador from Japan, and other members of the Japanese Mission, the Council, and His Honor the Mayor of Boston, accompanied by various civil and military officers, entered the Convention Chamber under escort of the Sergeant-at-Arms. His Excellency Samuel W. McCall, Governor of the Common- wealth, was then presented to the Convention, and spoke as fol- lows: Mr. PRESIDENT, YOUR EXCELLENCY: It has been your good TP . . ' . , . . *\ , J His Excellency fortune to receive the special missions or some or the great the Governor. nations who are now our allies in arms, and today you enjoy a like honor when you welcome the envoys from the Flowery Kingdom. Two generations ago an American commodore knocked at the portals of the Orient, and the gates swung open. Our visitors have doubtless heard much of Commodore Perry during their travels through our country, and I will spare them more than an allusion to an event which serves signally to mark the beginning of our friendly relations with the great power beyond the Pacific. But we must not credit that event with certain results which are due to the progressive spirit and the genius for government 240 JOURNAL OF THE CONVENTION, characteristic of the Japanese people. What Washington was to America, what Cavour was to Italy, and Bismarck to Germany, all this the Emperor Mutsuhito was to Japan; and the people proved worthy of their leader. While we in America were struggling to save the Union, Japan was in the throes of a revolution which involved not only the unity of the Empire but the character of her civilization. Under the guidance of her young Mikado, whose brilliant statesmanship was no more precocious than it was sagacious and sound, her feudal system was overthrown and upon its ruins was built the fair and en- during fabric of a mighty and a united people. He established a parliamentary system upon the most advanced principles of constitutional liberty, and the quality of the people of Japan, and the development grafted upon it, have put her in the front rank of the great nations. For many centuries Japan had been a hermit nation, having little intercourse with other powers. Her people had lived in a world of their own, and while to us they appeared to slumber, it was a slumber that was throbbing and vital, and" full of that richness of spirit that will come to a people who give themselves time to grow. It was not all gain when they exchanged their serene isolation for a restless and an almost haggard civilization. The western nations have apparently unleashed forces which they cannot control. Those portents of energy called into being by the inventive genius of man have come to threaten us with 1 mastery and we are in danger of becoming their victims and their slaves. They give us in peace a tense industrial and social order and a life out of which much of repose has gone. They have made war so horrible and deadly that our civilization will be com- pelled to choose between peace and its own suicide. Japan will far more than repay any debt she may owe our western civiliza- tion if she shall impart to it something of her old repose, and help subordinate its mighty engines to the use and not to the destruction of man. She is superbly placed upon the globe to aid in extending the domain of law so that barbaric strength and grossness of spirit may never again overturn the balance of the world. She may greatly help to promote that sanity and judgment in adjusting the controversies between nations that now govern in the settlement of individual disputes. She is by our side in this universal war. Side by side may we be when the glorious victory shall have been won. And side by side may we still stand in winning that greater victory by which mankind shall forever be emancipated from its degrading servi- tude to war. If she shall do that the people of the world will turn their faces to the East and gratefully receive upon their brows the benignant beams of the sun of Nippon. His Honor James M. Curley, Mayor of the City of Boston, was then presented to the Convention, and spoke as follows : - H?f?H?nOT ^ r * P RESIDENT > YOUR EXCELLENCY, DISTINGUISHED AND th^Mayor. HONORED VISITORS, MEMBERS OF THE CONSTITUTIONAL CON- VENTION: This has indeed been a most eventful year in the life of Massachusetts. Within this chamber, dedicated to the making of laws for the promotion of the welfare of the people, it TUESDAY, SEPTEMBER 18, 1917. 241 has been our great privilege to welcome that colossal figure from our sister republic of France, the immortal hero of the Marne, Marshal Joffre. It has been our extreme pleasure to welcome here the representative of the Italian people. It has been our great pleasure to welcome here the representative of that small but mighty host who stood in the pathway of imperial brutality and Prussian militarism and saved democracy, the representative of Belgium. It has been our great privilege as lovers of liberty and advocates of peace and order and justice in the administra- tion of public affairs to welcome with open arms and warm hearts the representative of the new Republic of Russia. There has gradually been unfolded and evolved in the progress that has taken place in this capitol and the other capitols of the United States a new form of diplomacy. There has been an abandonment of the old principle of secret diplomacy, and that abandonment lends color to the belief and strength to the hope that, in the future, nations as individuals will formulate and base opinion on a true perspective rather than a narrow vision. And in this hour of the nation's life, the most crucial and critical, it is our great pleasure as a municipality and as a State to welcome the representatives of the mighty Empire of the East, Japan, to welcome them in a trend of thought and in a spirit and purpose of ideal both new and strange to Japan and America; to welcome them because of the ideals that they today represent in this titanic world struggle; to welcome them in the same spirit that America displays in this world struggle, in the spirit of service to humanity without desire either for indemnity or for annexation of territory; to welcome them in a spirit of true democracy; and to say to them and through them to the people of Japan that, in this struggle for stable govern- ment, in this struggle for permanent world peace, we welcome them as an ally, not to the conclusion of the present war alone but to the end of time. President John L. Bates then spoke as follows : DISTINGUISHED REPRESENTATIVES OF JAPAN: On behalf of this Constitutional Convention I join in the hearty welcome Bates, being extended to you not only by Boston and Massachusetts but also by all America. Massachusetts maintains not only that every individual but that every nation has an equal right to the pursuit of life, liberty and happiness and to establish its own form of government. She is the uncompromising foe of tyranny and oppression. She can not tolerate a diplomacy that makes solemn treaties but scraps of paper or that substitutes might for right in its motive for action. She believes she has added something to the sum total of human liberties through the contribution she has made to the development of the principles of constitutional government, of representative democracy and of the separation of legislative, executive and judicial functions. Not satisfied with what has been attained, she ever looks forward to new ideals and works toward them, and so, while we are in arms fighting the common enemy of mankind, we are here examining anew the fundamental principles of our government to the end that as a State we may 242 JOUENAL OF THE CONVENTION, be most efficient in doing our part in the onward progress of men. Within the memory of men now sitting here, America stretched out her friendly hands to Japan across the sea and invited her to the family circle of nations. Japan accepted the invitation, and since that time has made such marvelous progress as to win the admiration of the world, and has developed an efficiency rarely equalled and seldom, if ever, excelled. Great as has been the change in Japan, equally great has been the change in the world. Then we looked upon you as on the far side of the globe, 10,000 miles across the sea. Now you are our next door neighbor, for within these years the wonderful unfold- ing of the human mind has developed those means of transporta- tion and communication that have knitted the world together, and the mountain ranges are not high enough, nor the wastes of the seas wide enough to be barriers between men. No longer is any place remote. There is neither East nor West, North nor South, but all is here. As neighbors, then, we welcome you, for we have great problems to work out together for our mutual welfare, and trust that your visit will so advance their solution as to tend toward the perpetuation of the friendship and good will that has so long existed between us. We welcome you not only as representatives of a great, re- spected and friendly nation, but also as allies in the greatest war in all history. These are indeed troublous times. A hur- ricane of savagery sweeps the world. From beneath the deep dragons lift their heads and crush the beneficent commerce. From out of the earth they belch forth liquid fire and poisonous vapors. They wing their way to the very heavens and drop death into the blanched faces of men. Yet our courage falters not for, look! amid the tumult and the tempest we see the tricolors of France and Belgium and Russia and Italy, the inter- twined crosses of Saint George, Saint Andrew and Saint Patrick, the Rising Sun of Japan and the Stars and Stripes of America, all waving side by side on the battle line and all advancing to- gether. And we know no enemy can withstand them, and that tyranny and selfishness, bad faith and hatred shall be buried in trenches of their own digging, that out of this shedding of blood there shall come the binding of nations together, that out of this reign of terror there shall come a reign of peace, and that the spirit of righteousness, good will and brotherhood shall spread and be triumphant everywhere. Members of the Convention, I take exceeding great pleasure in presenting to you the Ambassador from Japan, Viscount Ishii. Response was then made by His Excellency Viscount Ishii, Ambassador from Japan, as follows : of d vSSunt YOUE EXCELLENCY THE GOVERNOR, MR. PRESIDENT AND ishii. GENTLEMEN OF THE CONVENTION: I am highly complimented by an invitation to address you in this House, which throughout your history has rung with eloquence unsurpassed in any tongue, with the loftiest appeals to the noblest sentiments of mankind from the lips of patriots whose names are written large on the walls of the corridors of fame. TUESDAY, SEPTEMBER is, 1917. 243 But it would not become me to occupy your time or interrupt momentous discussions which are of vital importance not only to your country but to all the world. Let me say, however, that Massachusetts and New England are very close to Japan. . Many of our leading men owe to these surroundings the im- pressions and the education which has enabled them to take their places in the varying walks of life in their homeland. Next to the land of their birth, dear to them above all else on earth, they recall college friends and the happy days spent in study and at play at Cambridge. These always pay a tribute of affection to their alma mater and take increasing pride in the splendid record she is making in the upbuilding of men and a nation. Massachusetts and New England have wielded a vast in- fluence upon the civilization of our time. In literature, art, science and industry that influence has been felt and is being exercised throughout the world. In all of these there has been no narrow prejudice, for you have gathered from and sent to the furthest corners of the earth the most representative and best. Japan owes much to Massachusetts and to Boston. We have learned from you at home, and your men and women have labored in our midst unselfishly and well to our great advantage. In this connection you will permit me to pay a tribute to the memory of a great New England gentleman whose name is well known to you and who will by all others from New England or elsewhere be ungrudgingly conceded a premier place among those who have worked unselfishly and effectively for the better- ment of mankind. I refer to the late Henry Willard Denison, for over thirty years the guide, the counsellor and the friend of Japan. He was my friend, and I cannot let this opportunity go by to say that I am honored by the memory of that friend- ship. Not only this, but he was the friend of Japan, and all Japan, from His Imperial Majesty, the Emperor, to the least among us, unite in laying tribute at his resting place on the hills above the capital. He was a great American who typified America in all his life and who has done more than all the rest of us to weld the bonds that he knew and I know must bind us. Rugged, strong, brave and independent, Denison lived and died an American and lived and died his faith unfaltering in the future of our relationship. And now, gentlemen of this Convention, in thanking you for your courtesy and your patience, permit me, before leaving you to your deliberations, to quote from an address delivered here in Boston, sixty-nine years ago an address that must deeply impress itself on any reader and on everyone who seeks, as you and I and all of us must, to build our nations to the highest point of national achievement and greatness. It was Charles Sumner who said he may have been speaking from this historic rostrum : "This true grandeur of humanity is in moral elevation, sus- tained and lightened and decorated by the intellect of man. The truest tokens of this grandeur in a State are the diffusion of the greatest happiness among the greatest number and the 244. JOURNAL OF THE CONVENTION, Thanks of Delegate Parker of Boston. James P. Richardson. Reports of committees, extension of time. "Appropria- tions for Sectarian and Private Purposes ", additional copies. passionless justice which controls the relations of the State to other States and to all the people committed to its charge. " Applying this great utterance as a rule for guidance in in- ternational affairs, I can say to you that it fills the ideal of the true spirit of Japan in her dealings with you and with the world. I thank you. His Excellency, His Honor, Viscount Ishii, the Council, the Mayor and other guests then withdrew. The President an- nounced that opportunity would immediately be given the members to greet in person the distinguished guests in Memorial Hall. On motion of Mr. Powers of Newton the addresses of the Governor, the Mayor, the President and Viscount Ishii were ordered printed as a part of the records of the Convention. Thanks of Delegate George S. Parker. A communication from Delegate George S. Parker of Bos- ton, conveying his appreciation of the resolution of sympathy adopted and extended to him recently in the death of his wife, was read and placed on file. Leave of Absence. On motion of Mr. Powers of Newton, Voted, That Mr. Richardson of Newton be granted leave of absence for one week, under Rule 13, in order that he may attend to duties devolving upon him as a member of the faculty of the Law School of Dartmouth College. Extension of Time for Certain Reports. On motion of Mr. Creed of Boston, Ordered, That the committees on Amendment and Codification of the Constitution, State Administration, and State Administra- tion and the Executive (sitting jointly) be granted until Tuesday, September 25, in which to report on matters before them. Printing of a Convention Bulletin. Mr. Edwin U. Curtis of Boston, for the committee on Rules and Procedure, to whom was referred the order providing that there be printed five hundred additional copies of the bulletin on "Appropriations for Sectarian and Private Purposes", pre- pared by the commission appointed to compile information and data for the Convention, reported recommending that the same ought to be adopted. The report was read; and the order was considered forthwith and was adopted. Manual of the Convention. Mr. Williams of Brookline, for the committee on Rules and Procedure, who were authorized and instructed to report rules and orders for the government of the Convention, reported recommending the adoption of the following order: TUESDAY, SEPTEMBER 18, 1917. 245 Ordered, That there be printed one thousand additional copies Manual of the of the Manual of the Constitutional Convention, five hundred SSSSSi to be distributed under the direction of the Committee on Rules copies, and Procedure and five hundred to be offered for sale at cost. The report was read; and, at the request of Mr. Underhill of Somerville, the consideration of the order was postponed until the next session. Amendment of Rules 4&> 15 and 2. Mr. Luce of Waltham, for the committee on Rules and Pro- R U ies 45, 15 cedure, who were authorized and instructed to report rules and orders for the government of the Convention, reported recom- mending that Rule 45 be amended by inserting in line 13, next after the words "suspension of any rule", the words "and upon an appeal from the decision of the Chair", and by adding at the end thereof the words "The statement of any question of per- sonal privilege shall be limited to five minutes."; also that Rule 15 be amended by adding at the end thereof the words " , and upon the taking of any vote the President may require that all members shall resume and remain in their places until final verification of the vote"; also that Rule 2 be amended by striking out the words "in preference to other members". The report was read; and it was considered forthwith and was accepted. Therefore the rules were amended as recom- mended. Debate on the Initiative and Referendum. The following order, offered by Mr. Sawyer of Ware, the con- sideration of which was postponed from the last session, was con- sidered: Ordered, That, in debate in Convention on each stage of the Debate on Resolution to provide for establishing the initiative and refer- endum (Doc. No. 335), speeches be limited to fifteen minutes each, with no extension of time, except that a member of the minority and a member of the majority of the committee on Initiative and Referendum shall each be allowed one hour at the close of debate on said stages. Mr. George of Haverhill moved that the order be amended by Mr. George, - striking out the word "fifteen", and inserting in place thereof amendment, the word "thirty". Mr. Bryant of Milton then moved that the order be referred to the committee on Rules and Procedure; and this motion was adopted. Committee of the Whole. On motion of Mr. Pillsbury of Wellesley the Convention re- Committee of solved itself into Committee of the Whole, for the purpose of the Whole - considering the matters on its Docket. The President appointed Mr. Pillsbury to take the chair. Subsequently Mr. Pillsbury, for the Committee, reported that initiative and the Resolution to provide for establishing the initiative and referendum - referendum (Doc. No. 335) had been under consideration, that 246 JOURNAL OF THE CONVENTION, Recess. Quorum. Submission of amendments at the 1917 state election. Absentee voting. Committee of the Whole. Initiative and referendum. action had been taken on certain amendments, but that no con- clusion was reached. Recess. At twenty-four minutes before two o'clock, on motion of Mr. Edwin U. Curtis of Boston, the Convention took a recess for one hour. Quorum. At the expiration of the recess Mr. Anderson of Newton doubted the presence of a quorum. Submission of Amendments to the People. On the appearance of a quorum the same member moved that the committee on Rules and Procedure be requested to report to the Convention by Wednesday, September 26, either favorably or unfavorably, the following order, offered by Mr. McCormack of Boston, and referred to said committee on September 7:- Ordered, That, in the event of the deliberations of the Con- vention not having been concluded on or before the date wherein the ballot for the state election for the year 1917 must be pre- pared for printing, the committee on Rules and Procedure con- sider the expediency of the Convention submitting to the people at the coming state election such alterations or amendments of the Constitution as shall be duly authorized and engrossed. After debate the motion of Mr. Anderson was adopted. Discharge of the Committee of the Whole. On motion of Mr. Parkman of Boston, Voted, That the Committee of the Whole be discharged from the further consideration of the Resolution to provide for ab- sentee voting (Doc. No. 58), and that it be placed first in the Orders of the Day for the next session. Committee of the Whole. On motion of Mr. Pillsbury of Wellesley the Convention re- solved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The President appointed Mr. Pillsbury to take the chair. Subsequently Mr. Pillsbury, for the Committee, reported that the Resolution to provide for establishing the initiative and referendum (Doc. No. 335) had been under consideration, that action had been taken on certain amendments, but that no conclusion was reached. At seven minutes after four o'clock, on motion of Mr. Bryant of Milton, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. TUESDAY, SEPTEMBER 18, 1917. 247 JOURNAL OF THE COMMITTEE OF THE WHOLE, TUESDAY, September 18, 1917. Mr. Pillsbury of Wellesley in the chair. The Resolution to provide for establishing the initiative and initiative and referendum (Doc. No. 335, amended) was considered further. After debate the pending question "Shall the decision of the Chair stand as the judgment of the Committee?" was decided in the affirmative, by a vote of 134 to 124. On the recurring question the amendment, previously moved ^ by Mr. Anderson of Newton, was adopted, by a vote of 131 to 130, as follows: Adding at the end of line 35 the words " Provided that, unless at least one-third of the members of the house present and voting and one-quarter of the members of the senate present and voting in both of the annual sessions aforesaid vote to adopt the initi- ative petition for a constitutional amendment, it shall not be sub- mitted to the people." Mr. Swig of Taunton withdrew the amendment previously Mr. Swig, moved by him, there being no objection. amendments. The same member then moved that the resolution be amended as follows: By inserting after the word "commonwealth," in line 82, the words "and no law relating to religion, religious practices or religious institutions,"; and By inserting after the word "institutions,", in line 150, the words "and no law relating to religion, religious practices or religious institutions,". Mr. Walcott of Cambridge moved that the resolution be Mr. Waicott, amended by inserting after the word "penalties", in line 156, * in d * i - the words "for the circulation of petitions for hire or reward and". Mr. Washburn of Worcester moved that the resolution be Mr. Washburn, amended by inserting after the word "penalties", in line 156, - amendment - the words "for the signing of any such petition for money or other valuable consideration and". Mr. Bryant of Milton moved that the resolution be amended as follows: By inserting in line 67, after the words "earlier than", the words "the first Wednesday of the August and not later than"; and By inserting after line 80 the following paragraph: "If an initiative petition for a constitutional amendment or for a law, signed by ten qualified voters, shall be filed with the secretary of the commonwealth not later than the first Wednes- day of September as hereinbefore provided, then at any time 248 JOURNAL QF THE CONVENTION, Mr. Balch, amendments. Mr. Anderson, amendment. Mr. Mancovitz, amend- ments. before the first Wednesday of the following October a petition concerning the same general subject, signed by ten qualified voters, may be filed with the secretary of the ccmmonwealth, and if, in the case of a constitutional amendment, the remainder of the forty thousand signatures, and in the case of a law, the remainder of twenty thousand signatures to said petition, shall be filed not later than the first Wednesday of the following December, the secretary of the commonwealth shall transmit such petition to the clerk of the house of representatives, and the proposed constitutional amendment or law which is the subject of such petition shall then be deemed to be introduced into that general court and pending in the house of representatives." Mr. Balch of Boston moved that the resolution be amended by adding at the end of line 163 the words "governor, the attor- ney-general and the"; and by inserting after the word "com- monwealth,", in line 164, the words "or a majority of them,". Mr. Anderson of Newton moved that the resolution be amended by adding at the end of line 54 the words " Provided that, unless at least one-third of the members of the house present and voting and one-quarter of the members of the senate present and voting vote to adopt the initiative petition for a law, it shall not be submitted to the people." Mr. Mancovitz of Boston moved that this amendment moved by Mr. Anderson be amended as follows: By striking out the word "one-third", and inserting in place thereof the word " one-fourth " ; By striking out the word "one-quarter", and inserting in place thereof the word " one-fifth " ; and By inserting after the word "vote" the words "by a call of the yeas and nays in each branch". After debate Mr. Clapp of Lexington moved that the question first be put on the last amendment moved by Mr. Mancovitz; and this motion prevailed. Said amendment was then adopted, by a vote of 234 to 0. At three minutes past one o'clock (the Chairman not having dissolved the meeting) Mr. Mancovitz moved that the Commit- tee rise; and this motion was negatived. The amendment striking out the word "one-third" and in- serting in place thereof the word "one-fourth" was rejected, by a vote of 120 to 131. The amendment striking out the word "one-quarter" and in- serting in place thereof the word "one-fifth" was rejected, by a vote of 129 to 134. At fifteen minutes past one o'clock Mr. Edwin U. Curtis of Boston moved that the Committee rise; and this motion was negatived. After further debate the amendment moved by Mr. Anderson, as amended, was rejected, by a vote of 127 to 134. At twenty-six minutes before two o'clock Mr. Horgan of Boston moved that the Committee rise; and this motion was adopted. Accordingly the Committee rose. TUESDAY, SEPTEMBER 18, 1917. 249 After the recess the Committee resumed consideration of its Docket, Mr. Pillsbury being in the chair. The Resolution to provide for establishing the initiative and initiative and referendum (Doc. No. 335, amended) was considered further. The following amendment, previously moved by Mr. Luce of Mr. Luce, Waltham, was considered: Inserting after line 54 the following amendment - paragraph: "If proposed laws contain conflicting provisions, the governor shall designate one of such laws to be submitted to the voters. If it is rejected, the governor in office on the first Wednesday of August before the succeeding election [A] may designate another to be put on the ballot, and so on until one has been accepted or all have been rejected." Mr. Quincy of Boston moved that this amendment be amended by the substitution of the following paragraphs, with the heading "Conflicting Measures": "All proposed measures to be submitted to the people at any one election shall be submitted by the secretary of the common- wealth to the attorney-general for his inspection, and in case two or more proposed constitutional amendments, or two or more proposed laws, to be submitted to the people at any one election, under the provisions hereof or otherwise, shall appear to the attorney-general to be in substantial conflict with each other, he may order that such conflicting constitutional amend- ments, or such conflicting laws, shall be grouped and designated on the ballot as conflicting measures, only one of which is to be adopted; but in no case shall a proposed constitutional amend- ment and a proposed law be so grouped as in conflict with each other, and the ballot shall afford an opportunity to each voter to vote for or against each of the measures so grouped as con- flicting. In case more than one of the measures so grouped as conflicting shall receive the affirmative vote of a majority of the voters voting thereon, only that one of the same for which the largest affirmative vote was cast shall be deemed to be approved. "In case any provisions of two or more constitu ional amend- ments, or of two or more laws, approved by the people at the same election are in conflict with each other, then the provisions contained in the constitutional amendment, or in the law, as the case may be, which received the largest number of affirmative votes shall be deemed to govern. "Any law approved by the people shall be subject to any amendment to the constitution approved by the people at the same election, in the same manner as if such amendment had been in force prior to the approval of such law." Mr. Shanahan of Somerville moved that the amendment moved by Mr. Luce be amended at "A" by striking out the word "may", and inserting in place thereof the word "shall". After debate the further consideration of the amendments of Messrs. Luce, Quincy and Shanahan was postponed until the next session of the Committee, on motion of Mr. Williams of Brookline. The remaining amendment at line 54, previously moved by 250 JOURNAL OF THE CONVENTION, Mr. Luce, amendment. Mr. Kilbon, amendment. Mr. Luce of Waltham, was considered as changed by that mem- ber, there being no objection, as follows: Inserting after line 54 the following paragraph: " The same measure, either in form or essential substance, shall not be made the subject of an initiative petition (either affirma- tively or negatively) [A] oftener than once in three years. The attorney-general shall certify before an initiative petition is filed that the measure petitioned for is not, either in form or in essen- tial substance, either affirmatively or negatively, the same as any measure which has been submitted to the people within three years of such date." Mr. Kilbon of Springfield moved that this amendment be amended by inserting at the beginning thereof the words "If a measure shall have been accepted or rejected by a majority greater than ten per cent of the votes cast upon it"; and by striking out at "A" the words "oftener than once in three years", and inserting in place thereof the words "until three years shall have elapsed". After debate these amendments were rejected. The amendment moved by Mr. Luce was then adopted, by a vote of 143 to 113. Mr. White of North Brookfield then moved that the Com- mittee rise; and this motion was adopted. Accordingly the Committee rose. WEDNESDAY, SEPTEMBER 19, 1917. 251 WEDNESDAY, September 19, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. J. Franklin Knotts of Somerville, a member of the Convention. Discharge of the Committee of the Whole. Mr. Walker of Brookline moved that the Committee of the initiative and Whole be discharged from the .further consideration of the referendum ' Resolution to provide for establishing the initiative and refer- endum (Doc. No. 335), and that it be placed in the Orders of the Day for the next session. The same member then asked for a count of the Convention, Quorum, to ascertain if a quorum was present. A count showed that 110 members were present. Mr. Brown of Brockton moved that the roll of the Conven- tion be called, to ascertain if a quorum was present; and this motion prevailed. The roll was called; and 227 members answered to their names, as follows: Adams, Brooks Adams, Scott Adams, Smith J. Avery, Nathan P. Aylward, James F. Bailey, Charles O. Barnes, George L. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates, John L. Bates, Sanford Bauer, Ralph S. Bennett, Frank P. Bergengren, Roy F. Besse, Harold A. Blackmur, Paul R. Bodfish, John D. W. Bolster, Percy G. BosVorth, Henry H. Boucher, Joseph Zoel Bouve", Walter L. Boyer, Elmer E. Boynton, Thomas J. Brackett, John Q. A. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Brown, Samuel F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Messrs. Bullock, William J. Burns, William A. Buttrick, Allan G. Carr, Edward Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Churchill, George B. Clark, Chester W. Clark, Ezra W. Coakley, Daniel H. Codman, James M., Jr. Coe, S. Hamilton Coleman, George W. Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Rufus H. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Crafts, Lyman A. Creamer, Walter H. Creed, James F. Crosby, J. Howell Crossley, William Cyril Cummings, John W. Curtis, Arthur B. Curtis, Edwin U. Curtiss, Elmer L. Dale, George H. Daly, John W. Davis, Elbridge G. 252 JOURNAL OF THE CONVENTION, Messrs. Delaney, Louis F. Delano, Robert T. Derbyshire, James H. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Doran, James P. Dresser, Frank F. Driscoll, Dennis D. Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Finn, E. Philip Fisher, Edward Fitz-Randolph, Reginald T. Flaherty, William Flye, Louis Edwin Foss, George H. Fraser, Eugene B. French, Asa P. Gallagher, Daniel J. Garland, Francis P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Graumann, John Green, Thomas H. Hale, Edward R. Hale, Matthew Hall, Elisha S. Hall, Isaac Freeman Hamilton, Andrew Foster Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hawley, Truman R. Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Hutchings, Henry M. Jones, George R. Kelley, George W. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Kinney, William S. Kneil, Arthur S. Knotts, J. Franklin Lane, Daniel W. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Look, William J. Loring, Augustus P. Love, Joseph A. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. McLaud, Abner S. Merriam, John M. Merrill, George Frye Michelman, Joseph Mitchell, Charles Mitchell, John Moore, Charles D. C. Moran, William Moriarty, James T. Morton, James M. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Parker, Herbert Parkman, Henry Peirce, Albion G. Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Richardson, Edward A. Rieutord, Louis O. Robbins, Edward J. Robinson, George H. Ross, Samuel Saunders, Amos T. Sawyer, Roland D. Scigliano, Alfred P. Shattuck, Josiah B. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Smith, Jerome S. Smith, Rutherford E. Sparrell, Ernest H. Stoeber, Charles Sullivan, Edmund G. Sullivan, Michael A. Sullivan, William H. WEDNESDAY, SEPTEMBER 19, 1917. 253 Messrs. Swig, Louis Theller, Ralph L. Thompson, Edward Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Walker, George Walker, Joseph Washburn, Albert H. Washburn, Charles G. Waterman, George B. Messrs. Webster, Francis E. Webster, George P. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William Whipple, Sherman L. White, John A. Willett, George Franklin Williams, Fred Homer Wilson, William H. Wing, Herbert Winslow, Guy M. Wonson, Carlton W. Youngman, William S. Therefore it appeared that a quorum was then present. After debate Mr. Dean of Fall River moved that the motion Mr. Dean, of Mr. Walker be amended by striking out the words "placed in ame the Orders of the Day for the next session", and inserting in place thereof the words "considered immediately after the dis- position of the matter in the Orders of the Day for to-day". After further debate the previous question was ordered, on motion of Mr. Chandler of Cambridge; and the amendment moved by Mr. Dean was rejected, by a vote of 122 to 139. On the main question the sense of the Convention was taken by yeas and nays, at the request of Mr. Lomasney of Boston; and on the roll call 138 members voted in the affirmative and 142 in the negative, as follows: YEAS. Messrs. Adams, Brooks Adams, Smith J. Anderson, George W. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoe'l Bowen, Patrick Boynton, Thomas J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. BurreU, Fred J. Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Craven, John H. Messrs. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Bellinger, Raymond P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Frost, Archie N. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Graumann, John Green, Thomas H. Haines, Benjamin F. Hale, Matthew Harding, Clarence W. 254 JOURNAL OF THE CONVENTION, Messrs. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Langelier, Louis F. R, Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David . McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newton, H. Huestis Nutting, Edward H. Messrs. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Stoeber, Charles Stoneman, David Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Swig, Louis Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Wilson, William H. Winslow, Guy M. NAYS. Messrs. Adams, Charles Francis Adams, Scott Avery, Nathan P. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Besse, Harold A. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brooks, George F. Brown, Samuel F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Messrs. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Rufus H. Coolidge, Louis A. Cox, Guy W. Crafts, Lyman A. Crosby, J. Ho well Crossley, William Cyril Curtis, Arthur B. Curtis, Edwin U. Curtiss, Elmer L. Cusick, John F. WEDNESDAY, SEPTEMBER 19, 1917. 255 Messrs. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Derbyshire, James H. Doe, Orestes T. Dresser, Frank F. . Dutch, Charles Frederick Farns worth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Foss, George H. Fraser, Eugene B. French, Asa P. Gates, Joseph S. Gay lord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kilbon, John L. Kinney, William S. Kneil, Arthur S. Knotts, J. Franklin Lane, Daniel W. Logan, James Look, William J. Loring, Augustus P. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. Mansfield, John J. Messrs. Merriam, John M. Michelman, Joseph Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, George S. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Richardson, Edward A. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Sparrell, Ernest H. Stearns, Harry N. Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Theller, Ralph L. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wonson, Carlton W. Wood, Charles J. Youngman, William S. 138 yeas; 142 nays. Therefore the motion of Mr. Walker, that the Committee of the Whole be discharged, was negatived. Mr. Dennis D. Driscoll of Boston moved that the Committee Necessities of the Whole be discharged from the further consideration of the Resolution to authorize the enactment of laws governing the acquirement, sale and distribution of the necessities of life (Doc. No. 318), and that it be placed next in the Orders of the Day after the Resolution to provide for absentee voting; and this motion prevailed. 256 JOURNAL OF THE CONVENTION, Adjournment over state primary election day. Manual of the Convention, additional copies. Adjournment and Hour of Meeting. On motion of Mr. Boucher of New Bedford, V.oted, That, when the Convention adjourns on Friday next, it adjourn to meet on Wednesday, September 26, at eleven o'clock A.M. Manual of the Convention. The following order, the consideration of which was postponed from the last session, was considered: Ordered, That there be printed one thousand additional copies of the Manual of the Constitutional Convention, five hundred to be distributed under the direction of the Committee on Rules and Procedure and five hundred to be offered for sale at cost. After debate the order was adopted, as recommended by the committee on Rules and Procedure. Voting by absent soldiers and sailors. Absentee voting. Mr. Kenny, amendment. Mr. Finn, amendment. Recess. Quorum. Communication from the Governor. A communication from the Governor, addressed to the Presi- dent of the Convention, recommending that the Convention submit to the people an amendment of the Constitution au- thorizing the General Court to pass a law providing for the voting of soldiers and sailors absent in the national or state service, was read; and the communication was placed on file. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to provide for absentee voting (Doc. No. 58) was read and considered. After debate Mr. Kenny of Boston moved that the resolution be amended by inserting after the word " commonwealth ", in line 4, the words "and for all persons who have taken out their first naturalization papers in time of war". After further debate Mr. Finn of Chelsea moved that the resolution be amended by inserting before the word "elected", in line 7, the words "nominated or". At one o'clock, under the provisions of a standing order, the President declared a recess until two o'clock; at which hour the Convention reassembled. Mr. Coolidge of Milton doubted the presence of a quorum, and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. Soon afterwards Mr. Edwin U. Curtis of Boston moved that the roll of the Convention be called, to ascertain if a quorum was present; and this motion prevailed. The roll was called; and 226 members answered to their names, as follows : Messrs. Adams, Brooks Adams, Charles Francis Adams, Scott Messrs. Adams, Smith J. Anderson, Frederick L. Anderson, George W. WEDNESDAY, SEPTEMBER 19, 1917. 257 Avery, Nathan P. Aylward, James F. Bailey, Charles O. Ballantyne, John Bangs, Francis R. Barnes, George L. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates, John L. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Blackmur, Paul R. Bodfish, John D. W. Bolster, Percy G. Bosworth, Henry H. Boucher, Joseph Zoel Bouv<, Walter L. Bowen, Patrick Boyden, Frank L. Boyer, Elmer E. Boynton, Thomas J. Brackett, John Q. A. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brooks, George F. Brown, E. Gerry Brown, Samuel F. Bryant, Lincoln Buck, Maurice A. Bullock, William J. Burns, William A. Butler, A. Webster Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Coleman, George W. Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Rufus H. Coolidge, Louis A. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Cox, Guy W. Crafts, Lyman A. Craven, John H. Creamer, Walter H. Creed, James F. Crosby, J. Howell Crossley, William Cyril Curtis, Arthur B. Messrs. Curtis, Edwin U. Cusick, John F. Dale, George H. Daly, John W. Davis, Elbridge G. Davis, William R. Dean, Robert A. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Doe, Orestes T. Donnelly, James P. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Dresser, Frank F. Driscoll, Dennis D. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Finn, E. Philip Fisher, Edward Fitz-Randolph, Reginald T. Flaherty, William Foss, George H. Fraser, Eugene B. French, Asa P. Garland, Francis P. Gates, Joseph S. Gay lord, Henry E. George, Samuel W. Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Graumann, John Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Isaac Freeman Hamilton, Andrew Foster Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hawley, Truman R. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Hutchings, Henry M. Johnson, Charles R. Jones, George R. Kefther, John A. Kelley, Thomas R. Kelly, Luke L. Kenefick, Thomas W. Kerr, Alexander Kilbon, John L. Kinney, William S. Kneil, Arthur S. Knotts, J. Franklin Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore 258 JOURNAL OF THE CONVENTION, Messrs. Leonard, Joseph J. Lomasney, Martin M. Look, William J. Loring, Augustus P. Love, Joseph A. Lowell, James A. Lummus, Henry T. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mancovitz, David Mansfield, John J. McCarthy, Charles F. McCormack, John W. McLaud, Abner S. Michelman, Joseph Mitchell, Charles Mitchell, John Moore, Charles D. C. Moran, William Moriarty, James T. Morrill, Charles H. Morton, James M. Moynihan, James J. Murley, Joseph J. Myron, John F. Newton, H. Huestis Nutting, Edward H. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Parkman, Henry Peirce, Albion G. Perry, Augustus W. Peterson, Patrick Pillsbury, Albert E. Putnam, Harry B. Ray, Herbert L. Reidy, Michael J. Richardson, Edward A. Rieutord, Louis O. Robbins, Edward J. Robinson, George H. Messrs. Ross, Samuel Saunders, Amos T. Sawyer, Roland D. Shattuck, Josiah B. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Smith, Jerome S. Smith, Rutherford E. Sparrell, Ernest H. Stoeber, Charles Sullivan, Edmund G. Sullivan, William H. Sweet, Joseph L. Swig, Louis TheUer, Ralph L. Thompson, Edward Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Twomey, John C. Underhill, Charles L. Walker, George Walker, Joseph Washburn, Charles G. Waterman, George B. Webster, George P. Weekes, George LeRoy Wheeler, William Whipple, Sherman L. White, John A. Whitehead, James Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wilson, William H. Wing, Herbert Winslow, Guy M. Wonson, Carlton W. Wood, Charles J. Youngman, William S. Therefore it appeared that a quorum was then present. After debate the amendments moved by Messrs. Kenny and Finn were severally rejected; and the resolution was ordered to a second reading. Mr. Sawyer of Ware moved that the rule be suspended, so that the resolution might take a second reading forthwith; and this motion, after debate, was negatived. The Resolution to authorize the enactment of laws governing the acquirement, sale and distribution of the necessities of life (Doc. No. 318) was read and considered. Mr. Pillsbury of Wellesley moved that the resolution be amended by striking out the article of amendment, and inserting in place thereof the following : - Mr. Pillsbury, " The legislature, when and so far as in its judgment a public 3nt> exigency exists therefor, may provide for the purchase or taking by the commonwealth of foods or foodstuffs, fuel, or ice, for sale Necessities of life, acquirement, sale and distribution. WEDNESDAY, SEPTEMBER 19, 1917. 259 to its inhabitants or to any county, city or town and resale by such county, city or town to its inhabitants." Mr. Adams of Quincy moved that the resolution be amended i i -i i i i < i i i by adding at the end thereof the words And the general court may further authorize the commonwealth, acting either in its corporate capacity, or through the agency of such mu- nicipal or other corporations as it may select or create for the purpose, to organize, conduct or administer such agricultural, commercial, industrial or trading undertakings or enterprises, as the general court shall declare to be conducive to the public welfare." After debate Mr. Balch of Boston moved that the article of amendment be amended as follows: By inserting at the beginning thereof the words "In time of war or general distress"; and By adding at the end thereof the words "Such authorizations shall be for not more than two years at a time but may be repeated from time to time so long as the war or time of gen- eral distress shall last. The general court shall be sole judge of the existence of the conditions justifying such authorizations. Nothing in this article contained shall be construed as permit- ting any taking of property without reasonable compensation therefor." Mr. Clapp of Lexington moved that the resolution be amended Mr - . . '-IP !'! A t i t( i amendments. by inserting before the word ice , in line 4, the word and ; by striking out, in lines 4 and 5, the words "and other neces- saries of life"; by inserting before the word "slaughter", in line 13, the word "and"; and by striking out, in lines 13, 14 and 15, the words "and other like means for producing, selling and distributing the necessaries of life". Mr. Bigney of Boston moved that the resolution be amended by striking out, in line 14, the word "like"; and by inserting after the word "means", in the same line, the words "incidental thereto". Mr. Washburn of Middleborough then moved that the Con- Adjournment, vention adjourn; and this motion prevailed. Accordingly, at eight minutes after four o'clock, the Conven- tion adjourned, to meet to-morrow at half-past ten o'clock A.M. 280 JOURNAL OF THE CONVENTION, THURSDAY, September 20, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. John L. Kilbon of Springfield, a member of the Convention. Committees on Rules and Procedure and Form and Phraseology, filled. Quorum. Necessities of life, acquirement, sale and distribution. Mr. George, amendment. Mr. Brackett, amendment. Recess. Quorum. Limit of debate. Filling of Vacancies in Committees. The President announced the appointment of Mr. George of Haverhill to fill the vacancy in the membership of the committee on Rules and Procedure caused by the death of Mr. Malone of Greenfield; and the appointment of Mr. Hobbs of Worcester to fill the vacancy in the membership of the committee on Form and Phraseology caused by the resignation of Mr. Ellis of Springfield, which had been handed to the President under date of August 22. Quorum. Mr. Clapp of Lexington asked for a count of the Convention to ascertain if a quorum was present. A count showed that 120 members were present. Orders of the Day. On the appearance of a quorum the Convention proceeded to the consideration of the Orders of the Day. The Resolution to authorize the enactment of laws governing the acquirement, sale and distribution of the necessities of life (Doc. No. 318), being the unfinished business of the last session, was considered further, the main question being on ordering it to a second reading. Mr. George of Haverhill moved that the resolution be amended by adding at the end thereof the words "Nothing herein con- tained shall be construed as authorizing or permitting the com- monwealth or any political division thereof to deal in spirituous and intoxicating liquors." After debate Mr. Brackett of Arlington (Mr. Hall of Taunton being in the chair) moved that the resolution be amended by inserting after the word "ice", in line 9, the words " : provided, that a just and reasonable compensation for all property so taken shall be paid to the owners thereof". After further debate (the President having resumed the chair) Mr. Washburn of Worcester moved that the Convention take a recess; and this motion prevailed. Accordingly, at three minutes before one o'clock, recess was taken until two o'clock; at which hour the Convention reassembled. Mr. Clark of Brockton doubted the presence of a quorum, and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. After debate Mr. Creamer of Lynn moved that, unless a vote be sooner reached, debate on the pending resolution be closed THURSDAY, SEPTEMBER 20, 1917. 261 to-morrow at eleven o'clock A.M. On this question 91 members voted in the affirmative and 100 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Dennis D. Driscoll of Boston; and on the roll call 100 members voted in the affirmative and 138 in the negative, as follows: YEAS. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Aylward, James F. Ballantyne, John Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoe'l Boynton, Thomas J. Brackett, John Q. A. Brennan, James H. Brennan, James J. Broderick, Patrick S. Bullock, William J. Carr, Edward Coleman, George W. Corrigan, Robert S. Creamer, Walter H. Creed, James F. Curtis, Arthur B. Bellinger, Raymond P. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Garland, Francis P. Glazier, Frederick P. Good, John P. Granfield, William J. Graumann, John Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Messrs.Adams, Charles Francis Adams, Scott Anderson, George W. Bailey, Charles O. Balch, Francis N. Bangs, Francis R. Messrs. Kelley, Thomas R. Kelly, Luke L. Kilbon, John L. Knotts, J. Franklin Leonard, Joseph J. Lomasney, Martin M. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Nutting, Edward H. O'Connell, John P. O'Connell f Joseph F. O'Connor, John D. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ross, Samuel Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Stearns, Harry N. Stoeber, Charles Sullivan, William H. Talbot, Harry R. Theller, Ralph L. Thompson, Edward Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. NAYS. Messrs. Barker, Warren S. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Besse, Harold A. 262 JOURNAL OF THE CONVENTION, Messrs. Blackmur, Paul R. Bolster, Percy G. Bouve", Walter L. Boyer, Elmer E. Brown, E. Gerry Brown, Samuel F. Bryant, Lincoln Buck, Maurice A. Burns, William A. Butler, A. Webster Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Costello, Francis M. Cox, Guy W. Crafts, Lyman A. Craven, John H. Crosby, J. Ho well Crossley, William Cyril Cummings, John W. Curtis, Edwin U. Curtiss, Elmer L. Cusick. John F. Dale, George H. Daly, John W. Davis, Willfam R. Delano, Robert T. Derbyshire, James H. Doe, Orestes T. Donovan, Thomas F. Dresser, Frank F. Dutch, Charles Frederick Farns worth, Frank S. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Fraser, Eugene B. French, Asa P. Gartland, John J. Gates, Joseph S. Gay lord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Messrs. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Keliher, John A. Kelley, George W. Kenefick, Thomas W. Kneil, Arthur S. Lane, Daniel W. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Love, Joseph A. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Lynch, John C. Mac Master, Edward A. Merriam, John M. Mitchell, Charles Moore, Charles D. C. Morton, James M. Parker, George S. Parkman, Henry Pillsbury, Albert E. Ray, Herbert L. Reidy, Michael J. Richardson, Edward A. Rieutord, Louis O. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Weekes, George LeRoy Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Winslow, Guy M. Wonson, Carlton W. Wood, Charles J. 100 yeas; 138 nays. Therefore the motion to close debate to-morrow was negatived. THURSDAY, SEPTEMBER 20, 1917. 263 Mr. Edwin U. Curtis of Boston then moved that, unless a Limit of vote be sooner reached, debate be closed at half-past three debate - o'clock P.M., Wednesday, September 26; and after debate this motion prevailed. After further debate Mr. Anderson of Brookline moved that Mr. Anderson, the resolution be amended by striking out the article of amend- ~~ amendment - ment, and inserting in place thereof the following: "The commonwealth may by statute duly enacted authorize the taking by purchase or otherwise of foodstuffs, feeds, fuel, ice and other necessaries of life, paying reasonable compensation therefor, and the sale of the same to the inhabitants thereof or to any county, city, town or other municipal corporation therein; and may also authorize municipalities to buy and to sell to their inhabitants such necessaries of life, and to harvest and manu- facture ice. The commonwealth may also by statute duly en- acted authorize the establishment, maintenance and operation by the commonwealth, cities and towns, of markets, docks, fuel and coal yards, elevators, warehouses, canneries, slaughter houses and other like means for producing, selling and distributing the necessaries of life." Mr. Edwin U. Curtis of Boston moved that the resolution be Mr. Curtis, amended by striking out the article of amendment, and inserting a men dments. in place thereof the following : "The general court, when and so far as in its judgment a public exigency exists therefor and while it continues, may au- thorize the commonwealth to provide temporary shelter and to take by eminent domain or purchase foodstuffs, fuel and ice, and feed for animals, and to sell the same to the inhabitants thereof or to any county, city, town or other municipal corporation therein, which may resell the same to their inhabitants ; and in connection therewith may authorize the establishment, main- tenance and operation by the commonwealth, cities and towns of markets, docks, fuel and coal yards, elevators, warehouses, canneries and slaughter houses. When the general court is not in session, the governor, with the approval of the council, may exercise the authority vested in the general court by this section, until the general court reconvenes." Mr. Clapp of Lexington then moved that the Convention Adjournment, adjourn; and this motion prevailed. Accordingly, at five minutes after four o'clock, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. 264 JOURNAL OF THE CONVENTION, Absentee voting. Quorum. Necessities of life, acquirement, distribution. Limit of debate. Mr. Williams, amendments. Mr. Quincy, amendment. FRIDAY, September 21, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Martin D. Kneeland, D.D., of Winchester, Secretary of the Lord's Day League of New England. Discharged from the Orders of the Day. Mr. Buttrick of Lancaster moved that the Resolution to pro- vide for absentee voting (Doc. No. 58) be discharged from the Orders of the Day, under Rule 39. Mr. Williams of Brookline doubted the presence of a quorum; and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. On the appearance of a quorum the motion of Mr. Buttrick was adopted, by a vote of 158 to 0. The resolution was then read a second time, and it was ordered to a third reading. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to authorize the enactment of laws governing the acquirement, sale and distribution of the necessities of life (Doc. No. 318), being the unfinished business of the last session, was considered further, the main question being on ordering it to a second reading. After debate Mr. Luce of Waltham (Mr. Bennett of Saugus being in the chair) moved that speeches be limited to twenty minutes each; and this motion prevailed. After further debate Mr. Williams of Brookline (the President having resumed the chair) moved that the amendment previously moved by Mr. Pillsbury of Wellesley be amended as follows: By striking out the word " legislature ", and inserting in place thereof the words " general court"; and By adding at the end thereof the words "If a public exigency arises when the general court is not in session, the governor, with the approval of the council, may exercise the authority vested in the general court by this section, until the general court reconvenes." Mr. Quincy of Boston moved that the resolution be amended by adding at the end thereof the words "Until otherwise pro- vided by legislation, the governor, with the approval of the council, may take possession of, use and employ any commodity included within the terms of this article in the same manner as authorized by existing law to take possession of, use and employ fuel, and subject to all provisions of existing law relating to the exercise of such authority, and may further enter into any con- tracts in the name of the commonwealth to secure the production, sale, transportation and delivery of any such commodity, whether FRIDAY, SEPTEMBER 21, 1917. 265 within or without the commonwealth, and may further sell and deliver any such commodity to any municipal corporation or county within the commonwealth; and, with the approval of the governor and council, any municipal corporation may enter into a like contract, and may sell and distribute any such com- modity to its inhabitants in such manner as may be authorized by the governor and council." Without action on the amendments, At one o'clock, under the provisions of a standing order, the President declared the Convention adjourned, to meet on Wednes- day next at eleven o'clock A.M. 266 JOURNAL OF THE CONVENTION, Reports of committees, extension of time. WEDNESDAY, September 26, 1917. Met according to adjournment, at eleven o'clock A.M. Prayer was offered by Rev. Arcturus Z. Conrad, D.D., of Boston. Extension of Time for Certain Reports. On motion of Mr. Hart of Cambridge, Ordered, That the committees on Amendment and Codification of the Constitution, State Administration, and State Administra- tion and the Executive (sitting jointly) be granted until Tuesday, October 2, in which to report on matters before them. Submission of amendments at the 1917 state election. Submission of Amendments to the People. Mr. Luce of Waltham, for the committee on Rules and Pro- cedure, to whom was referred the order providing that, in the event of the deliberations of the Convention not having been concluded on or before the date wherein the ballot for the state election for the year 1917 must be prepared for printing, said committee consider the expediency of the Convention submitting to the people at the coming state election such alterations or amendments of the Constitution as shall be duly authorized and engrossed, reported recommending that the same be adopted in a new draft, as follows : Ordered, That only resolutions that have been passed for sub- mission to the people on or before October first next be sub- mitted to the voters at the coming state election. [Messrs. Whipple of Brookline, Walsh of Fitchburg, Walker of Brookline, Boynton of Everett and Quincy of Boston dissent and recommend an amendment striking out the words "October first", and inserting in place thereof the words "October eight- eenth".] The report was read; and the order was placed in the Orders of the Day for the next session. Submission of amendments, absentee voting. Absentee Voting on Amendments to be Submitted. On motion of Mr. Walsh of Fitchburg, Ordered, That the committee on Rules and Procedure be re- quested to report to the Convention as soon as possible, first, whether it is within the power of the Convention to provide for receiving the votes, upon any amendments to the Constitution which may be submitted to the people at the next state election, of any registered voters who are absent upon election day from cities or towns in which they reside on account of being in the military or naval service of the United States; and, second, to WEDNESDAY, SEPTEMBER 26, 1917. 267 ascertain and report, if possible, how many registered voters of the Commonwealth are in military service at the cantonment at Ayer, or in other camps in New England, and as to the feasibility and best method of arranging to receive at said cantonment and camps the votes of all such registered voters upon any such pro- posed amendments. Information for Voters on Amendments to be Submitted. On motion of Mr. Quincy of Boston, Ordered, That, in order to enable the Convention to provide Submission of for mailing seasonably to the voters of the Commonwealth, if ^^oSftn it should decide to do so, copies of any proposed amendments to for voters. the Constitution which the Convention may vote to submit to the people at the coming state election, or information in rela- tion thereto, the Secretary of the Convention be instructed to procure as soon as possible, either directly or through the Sec- retary of the Commonwealth, the latest printed lists of regis- tered voters in all of the cities and towns of the Commonwealth, and also to report to the Convention the shortest period within which it would be possible to secure the printing of 650,000 copies of a document containing about twenty-five hundred words and the mailing of the same to all registered voters, to- gether with an estimate of the probable cost of such printing and mailing. Discharged from the Orders of the Day. On motion of Mr. Buttrick of Lancaster the Resolution to pro- Absentee vide for absentee voting (Doc. No. 58) was discharged from the votm - Orders of the Day, under Rule 39. It was read a third time. Mr. Loring of Beverly, for the committee on Form and Phrase- Committee on ology, reported recommending that the resolution be amended by pSieoiogy, substituting for the article of amendment the following (see Doc. amendment! No. 356): "The general court shall have power to provide by law for voting by qualified voters of the commonwealth who, at the time of an election, are absent from the city or town of which they are inhabitants in the choice of any officer to be elected or upon any question to be voted on at such election." Mr. Pillsbury of Wellesley moved that this amendment be Mr. Piiisbury, amended as follows: -amendments. By striking out, in the last line, the words "to be voted on", and inserting in place thereof the word "submitted"; and By striking out, in the first line, the words "general court", and inserting in place thereof the word "legislature". After debate the first amendment moved by Mr. Pillsbury was adopted; and the second amendment was rejected. The amendment recommended by the committee on Form and Phraseology, as amended, was then adopted. The resolution, as thus amended (Doc. No. 357), was then passed to be engrossed. 268 JOURNAL OF THE CONVENTION, Necessities of life, acquirement, sale and distribution. Mr. Anderson, amendment. Mr. Pillsbury, amendment. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to authorize the enactment of laws governing the acquirement, sale and distribution of the necessities of life (Doc. No. 318), being the unfinished business of the last session, was considered further, the main question being on ordering it to a second reading. Mr. Anderson of Brookline (Mr. Willett of Norwood being in the chair) withdrew the amendment previously moved by him, there being no objection. The same member then moved that the resolution be amended by striking out the article of amendment, and inserting in place thereof the following: "Provision may be made by law to authorize the taking by purchase or otherwise by the commonwealth of foodstuffs, feeds, fuel, ice and other necessaries of life, paying reasonable compensation therefor, and the sale of the same to the in- habitants thereof and to any county, city, town or other mu- nicipal corporation therein; the governor, with the approval of the council, if he deems that a public exigency exists, may, until otherwise provided by law, exercise the powers hereby granted. Provision may be made by law to authorize munici- palities to buy and to sell to their inhabitants the necessaries of life and to harvest and to manufacture ice; and to provide for the establishment, maintenance and operation by the common- wealth and by cities and towns of markets, docks, fuel and coal yards, elevators, warehouses, canneries, slaughter houses, cold storage plants and other like means for collecting and converting, selling and distributing the necessaries of life. The use of uni- form methods of accounting throughout the commonwealth shall be provided for by law for any undertakings under the authority of this article." Mr. Pillsbury of Wellesley withdrew the amendment previously moved by him, there being no objection. The same member then moved that the resolution be amended by striking out the article of amendment, and inserting in place thereof the following: "The legislature, when and so far as in its judgment a public exigency exists therefor, may provide for the purchase or taking by the commonwealth, paying reasonable compensation therefor, of foods or foodstuffs, feeds, fuel or ice, for sale to its inhabitants or to any county, city or town and resale by such county, city or town to its inhabitants, and in connection therewith may provide for the purchase or taking by the commonwealth, paying reasonable compensation therefor, of the right to occupy and use any building or structure with the machinery or fixtures appur- tenant thereto, or any other premises, so far and so long as may be necessary to such purposes. If in the judgment of the governor such public exigency arises when the legislature is not in session, the governor, with the approval of the council, may WEDNESDAY, SEPTEMBER 26, 1917. 269 exercise the authority vested in the legislature by this section until the legislature reconvenes." The same member moved that the amendment previously Mr. pnisbury, moved by Mr. Edwin U. Curtis of Boston be amended by strik- ~~ ame ing out the words "may authorize the establishment, mainte- nance and operation by the commonwealth, cities and towns of markets, docks, fuel and coal yards, elevators, warehouses, canneries and slaughter houses ", and inserting in place thereof the words "may authorize the commonwealth to purchase or take, paying reasonable compensation therefor, the right to oc- cupy and use any building or structure with the machinery or fixtures appurtenant thereto, or any other premises, so far and so long as may be necessary to such purposes". On motion of Mr. Walsh of Fitchburg the foregoing amendments were ordered printed as a supplement to the Calendar for to-day. At two minutes before one o'clock, on motion of Mr. Adams of Recess. Quincy (the President having resumed the chair), recess was taken until two o'clock; at which hour the Convention reassembled. The Secretary announced the temporary absence of the Presi- dent, and stated that Mr. Washburn of Worcester had been ap- pointed to perform the duties of the Chair. Mr. Dutch of Winchester doubted the presence of a quorum. Quorum. The Chair requested the Sergeant-at-Arms to secure the attend- ance of a quorum. On the appearance of a quorum Mr. Quincy of Boston moved that, upon the expiration of the time allotted for debate, the committee on Public Affairs be granted fifteen minutes. After debate this motion was adopted, by a vote of 112 to 54. After further debate (the President having taken the chair) the amendments previously moved by Messrs. Clapp of Lexington, Bigney of Boston, Quincy of Boston, Balch of Boston and George of Haverhill, the second amendment previously moved by Mr. Williams of Brookline, and the amendment previously moved by Mr. Adams of Quincy were severally withdrawn by those mem- bers, there being no objection. The amendment previously moved by Mr. Brackett of Arling- ton was rejected, by a vote of 48 to 169. The amendment previously moved by Mr. Williams of Brook- line was also rejected. The foregoing amendment moved by Mr. Pillsbury of Welles- ley was rejected, by a vote of 96 to 157. On motion of Mr. Clapp of Lexington the following amend- Mr. Curtis, ment, previously moved by Mr. Edwin U. Curtis of Boston, was next considered: Striking out the article of amendment, and inserting in place thereof the following: "The general court, when and so far as in its judgment a public exigency exists therefor and while it continues, may au- thorize the commonwealth to provide temporary shelter and to take by eminent domain or purchase foodstuffs, fuel and ice, and feed for animals, and to sell the same to the inhabitants thereof or to any county, city, town or other municipal corporation 270 JOURNAL OF THE CONVENTION, therein, which may resell the same to their inhabitants; and in connection therewith may authorize the establishment, mainte- nance and operation by the commonwealth, cities and towns of markets, docks, fuel and coal yards, elevators, warehouses, canneries and slaughter houses. When the general court is not in session, the governor, with the approval of the council, may exercise the authority vested in the general court by this section, until the general court reconvenes." The amendment of this amendment, moved by Mr. Pillsbury of Wellesley, was rejected. On the amendment of Mr. Curtis 118 members voted in the affirmative and 143 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Coolidge of Milton; and on the roll call 122 members voted in the affirmative and 156 in the negative, as follows : YEAS. Messrs. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Messrs. Adams, Charles Francis Adams, Scott Anderson, Frederick L. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Batchelder, Albert W. Bergengren, Roy F. Bicknell, Wallace H. Bolster, Percy G. Bosworth, Henry H. Boyer, Elmer E. Brown, Samuel F. Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Cook, Benjamin A. Cook, Rufus H. Coolidge, Louis A. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Howell Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fitz-Randolph, Reginald T. Foss, George H. French, Asa P. Frost, Archie N. Gates, Joseph S. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hibbard, Charles E. Hutchings, Henry M. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Merriam, John M. Montague, David T. Moore, Charles D. C. Morton, James M. Parker, Herbert WEDNESDAY, SEPTEMBER 26, 1917. 271 Messrs. Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Rieutprd, Louis O. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Smith, Rutherford E., Stearns, Harry N. Sullivan, Edmund G. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Messrs. Adams, Brooks Adams, Smith J. Anderson, George W. Avery, Nathan P. Aylward, James F. Barrett, James T. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bigney, Robert E. Blackmur, Paul R. Bodfish, John D. W. Boucher, Joseph Zoel Bouve*, Walter L. Bowen, Patrick Boynton, Thomas J. Brackett, John Q. A. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coleman, George W. Coogan, Clement F. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Craven, John H. Creamer, Walter H. Creed, James F. Crossley, William Cyril Cummings, John W. Daley, Peter Daly, John W. Dean, Robert A. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Messrs. Thompson, John L. Tilton, Rufus H. Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Webster, George P. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Williams, Fred Homer Wilson, William H. Wing, Herbert Wood, Charles J. Youngman, William S. NAYS. Messrs. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Fisher, Edward Flaherty, William Flye, Louis Edwin . Flynn, Maurice R. Fraser, Eugene B. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. Graumann, John Green, Thomas H. Hale, Matthew Hall, Isaac Freeman Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Jones, George R. Keliher, John A. Kelley, Thomas R. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Knotts, J. Franklin Lane, Dwight F. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Luce, Robert Maguire, James E. 272 JOUENAL OF THE CONVENTION, Messrs. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, Charles Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Messrs. Reidy, Michael J. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Smith, Jerome S. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Sweeney, Edward A. Talbot, Harry R. Theller, Ralph L. Thompson, Edward Turner, Joseph Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Whipple, Sherman L. Whitehead, James Willett, George Franklin Winslow, Guy M. Wonson, Carlton W. 122 yeas; 156 nays. Therefore the amendment previously moved by Mr. Curtis was rejected. The foregoing amendment moved by Mr. Anderson of Brook- line was then adopted; and the resolution, as thus amended (Doc. No. 358), was ordered to a second reading. . At twenty-five minutes after four o'clock, on motion of Mr. Youngman of Boston, the Convention adjourned, to meet to- morrow at half-past ten o'clock A.M. THURSDAY, SEPTEMBER 27, 1917. 273 THURSDAY, September 27, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Horace Blake Williams of Lynn. Leave of Absence. On motion of Mr. Coolidge of Milton, Ordered, That Mr. Hale of Boston be granted leave of absence, Matthew Hale, under Rule 13, for the week beginning Tuesday, October 2, on account of business and professional engagements. Engrossed Resolution. The engrossed Resolution to provide for absentee voting Absentee (see Doc. No. 357) was laid before the Convention; and the voting - President stated that it would be placed in the Orders of the Day for the next session. Proposed Adjournment from October 26 to June 11. The consideration of the following order, offered by Mr. Avery of Holyoke, was postponed until the next session, at the request of Mr. Washburn of Middleborough: Ordered, That the Convention continue in session until the Adjourn- fourth Friday of October next, and that it then adjourn until october26 the second Tuesday of June in the year 1918. to June n. Manner of Submitting Amendments. The consideration of the following order, offered by Mr. Washburn of Middleborough, was postponed until the next session, at the request of Mr. Buttrick of Lancaster: Ordered, That the committee on Rules and Procedure and the Manner of committee on Amendment and Codification of the Constitution, l^dmefts sitting jointly, be requested to report an order directing the to the people, manner in which the several proposals to amend the Constitution, duly passed by this Convention, shall be submitted to the people for their ratification and adoption at the regular state election to be held on November 6 next. Procedure in Committee of the Whole. Mr. Walker of Brookline moved that the following program Mr. Walker, for debating and voting upon the Resolution to provide for ^aSn^TnS* establishing the initiative and referendum (Doc. No. 335), voting on the having been agreed upon by a majority and minority of the referendum? committee on the Initiative and Referendum, be approved by the Convention: 274 JOURNAL OF THE CONVENTION, 1. On Thursday, October 4, at 3.30 P.M., the Committee of the Whole shall, without opposition from either side, [A] report the resolution to the Convention as it stands amended at that time. 2. The resolution shall, without amendment or opposition, take its second reading at or before 11 A.M. on Friday, October 5. 3. All amendments shall be proposed on Friday, October 5, and ordered to be printed. 4. Debate upon ordering the resolution to a third reading shall end at 1 P.M. on Tuesday, October 9, and after the recess voting upon amendments shall begin. In case the voting upon amend- ments is not completed Tuesday it shall continue Wednesday, October 10, until the voting upon amendments is completed. The vote upon ordering the resolution to a third reading, as amended, shall be taken on Thursday, October 11, when reached. 5. If the resolution is ordered to a third reading the com- mittee on Form and Phraseology shall be given until Tuesday, October 16, and shall report in print at 10.30 A.M. on that day. 6. On Thursday, October 11, while the resolution is in the hands of the committee on Form and Phraseology, a vote shall be taken, at or before 3 P.M., upon a motion to place the resolution upon the ballot at the election to be held November 6, 1917, if the resolution is finally passed to be submitted to the people. 7. Upon the question of passing the resolution to be engrossed debate shall end at 12 o'clock on Tuesday, October 16, and a vote taken. 8. If the resolution is passed to be engrossed, then, on the question of submitting the resolution to the people, debate shall end at 11.30 A.M. Wednesday, October 17, and a vote taken. This program shall be carried out if possible; but if any change is made by agreement or otherwise, arrangements shall be made so that, in any event, the final vote upon submission to the people shall be taken not later than Thursday, October 18. Point of order. Mr. Washburn of Worcester raised the point of order that the motion of Mr. Walker could not properly be entertained, as it was in conflict with Rule 28 of the Convention. [No ruling. See similar point of order on the next page.] Pending the decision of the President on the point of order Mr. Sawyer of Ware moved that the motion of Mr. Walker be amended by the substitution of the following: "That, on Friday, September 28, at 12.50 o'clock P.M., the Committee of the Whole be discharged from further considera- tion of the Resolution to provide for establishing the initiative and referendum (Doc. No. 335), and that the same be placed first in the Orders of the Day for Tuesday, October 2; that the order of procedure in debate and voting shall be the same as at present ordered in Committee of the Whole, viz.: that the mover of any amendment be allowed ten minutes, with twenty minutes for general debate, and five minutes each be allowed to a member of the minority and a member of the majority of the committee on Initiative and Referendum; and that no amendment not in the hands of the Secretary on Friday, September 28, shall be considered, except by a two-thirds vote of the Convention." Committee of the Whole, discharge. THURSDAY, SEPTEMBER 27, 1917. 275 Mr. Cox of Boston moved that the pending motions be re-Mr. Cox, f erred to the committee on Rules and Procedure; and this motion, committal - after debate, was negatived. Mr. Underbill of Somerville moved that the motion of Mr. Mr. Under- Walker be referred to the committee on Initiative and Refer- Committal, endum, with instructions to report at the opening of the session to-morrow. After debate this motion was negatived, by a vote of 130 to 142. Mr. Saunders of Clinton moved that the motion of Mr. Mr. Saunders, Walker be amended by inserting before the word "report", at amendment - "A", the words "vote upon the question to". Mr. Lummus of Lynn moved that the pending motions be Mr. Lummus, referred to the committee on Initiative and Referendum, with ~" committal - instructions to report at two o'clock P.M. to-day. Mr. Lomasney of Boston raised the point of order that this Point of order, motion was not in order, being substantially the same as a motion already defeated. The President declared the point of order well taken. Mr. Pillsbury of Wellesley raised the point of order that the Point of order, motion of Mr. Walker could not properly be considered, being in conflict with various rules of the Convention. The President declared the point of order well taken; Mr. Sawyer of Ware then renewed, as an original motion, the Committee of motion previously made by him as an amendment of the motion ^charge 5 ' ~~ of M.\ Walker. At thirteen minutes after twelve o'clock Mr. Richardson of Recess - Newton moved that the Convention take a recess until two o'clock. After debate, the previous question having been ordered, on motion of Mr. Hall of North Adams, the question was put on the motion of Mr. Richardson, and 182 members voted in the affirmative and 64 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Lomasney of Boston; and on the roll call 170 members voted in the affirmative and 95 in the negative, as follows: YEAS. Messrs. Adams, Brooks Adams, Scott Adams, Smith J. Anderson, Frederick L. Anderson, George W. Avery, Nathan P. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bauer, Ralph S. Bergengren, Roy F. Messrs. Besse, Harold A. Bicknell, WaUace H. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouv<, Walter L. Boyden, Frank L. Boyer, Elmer E. Boynton, Thomas J. Brackett, John Q. A. Brine, Henry C. Brooks, George F. Brown, Samuel F. Bruce, Charles Buck, Maurice A. Burns, William A. Buttrick, Allan G. 276 JOURNAL OF THE CONVENTION, Messrs. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coolidge, Louis A. Cooney, Charles P. Costello, Francis M. Cox, Guy W. Crafts, Lyman A. Creamer, Walter H. Crosby, J. Howell Crossley, William Cyril Cummings, John W. Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Donovan, James A. Douglass, John J. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Ferrey, Irving D. Ferry, James R. Fisher, Edward Flye, Louis Edwin Flynn, Maurice R. Fraser, Eugene B. French, Asa P. Frost, Archie N. Garland, Francis P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Gleason, Nesbit G. Graumann, John Greenwood, Hamlet S. Hale, Edward R. Hale, Matthew Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Harrington, Patrick H. Hibbard, Charles E. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kerr, Alexander Kilbon, John L. Kinney, William S. Kneil, Arthur S. Messrs. Knotts, J. Franklin Lane, Daniel W. Lane, D wight F. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Love, Joseph A. Lowe, Arthur H. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lynch, John C. McLaud, Abner S. Merriam, John M. Michelman, Joseph Mitchell, Charles Montague, David T. Morton, James M. Myron, John F. Nutting, Edward H. Parker, George S. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Quincy, Josiah Ray, Herbert L. Richardson, Edward A. Richardson, James P. Rieutord, Louis O. Robinson, George H. Ross, Samuel Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Shea, John T. Smith, Jerome S. Smith, Rutherford E. Sparrell, Ernest H. Stearns, Harry N. Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Swig, Louis Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Turner, Joseph Underbill, Charles L. Walcott, Robert Walker, Joseph Walsh, David I. Washburn, Albert H. Washburn, Charles G. Waterman, George B. Webster, Francis E. Wellman, Arthur Holbrook Wheeler, William THURSDAY, SEPTEMBER 27, 1917. 277 Messrs. Whittier, Eugene P. Williams, Fred Homer Wing, Herbert Messrs. Winslow, Guy M. Wood, Charles J. Youngman, William S. NAYS. Messrs. Aylward, James F. Barrett, James T. Begley, John S. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoe'l Bowen, Patrick Brennan, James H. Brennan, James J. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coleman, George W. Collins, Samuel I. Coombs, Zelotes W. Corrigan, Robert S. Coughlan, William J. Creed, James F. Daley, Peter Daly, John W. Delaney, Louis F. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Feiker, William H. Finn, E. Philip Fitz-Randolph, Reginald T. Flaherty, William Foss, George H. Gallagher, Daniel J. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. Green, Thomas H. Harding, Clarence W. Harriman, Arthur N. Hawley, Truman R. Johnson, Charles R. 170 yeas; Messrs. Kelley, Thomas R. Lomasney, Martin M. Lyman, Frank E. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. Merrill, George Frye Mitchell, John Moran, William Moriarty, James T. Merrill, Charles H. Moynihan, James J. Murley, Joseph J. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Pelletier, Joseph C. Peterson, Patrick Quinn, Timothy F. Reidy, Michael J. Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Talbot, Harry R. Theller, Ralph L. Thompson, Edward Twomey, John C. Walker, George Webster, George P. Whitehead, James Wonson, Carlton W. 95 nays. Therefore the motion of Mr. Richardson of Newton prevailed. Accordingly, at four minutes before one o'clock, the President declared a recess until two o'clock; at which hour the Conven- tion reassembled. Mr. Buttrick of Lancaster doubted the presence of a quorum; Quorum. and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. 278 JOURNAL OF THE CONVENTION, Mr. Cummings, On the appearance of a quorum Mr. Cummings of Fall River motion! 1 * 11 moved that the motion of Mr. Sawyer be amended by the sub- stitution of the following: "That the Committee of the Whole be directed to report forthwith to the Convention the Resolution to provide for establishing the initiative and referendum (Doc. No. 335), as amended by -the Committee." After debate, the previous question having been ordered, on motion of Mr. Delaney of Holyoke, the amendment moved by Mr. Cummings was adopted. The motion of Mr. Sawyer, as thus amended, was then adopted. Committee of the Whole. Initiative and referendum. Submission of amendments at the 1917 state election. Necessities of life, acquirement, distribution. Mr. Dutch, amendments. Committee of the Whole. On motion of Mr. Cummings of Fall River the Convention resolved itself into Committee of the Whole, for the purpose of considering the matters on its Docket. The President appointed Mr. Cummings to take the chair. Subsequently Mr. Cummings, for the Committee, reported the Resolution to provide for establishing the initiative and referendum (Doc. No. 335) in its amended form (Doc. No. 359). The resolution was read; and it was placed in the Orders of the Day for the next session, the question being on ordering it to a second reading. Order, 1 ? of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The following order was considered; and it was recommitted to the committee on Rules and Procedure, on motion of Mr. Luce of Waltham : Ordered, That only resolutions that have been passed for sub- mission to the people on or before October first next be sub- mitted to the voters at the coming state election. The Resolution to authorize the enactment of laws governing the acquirement, sale and distribution of the necessities of life (Doc. No. 358) was read a second time. Mr. Dutch of Winchester moved that the resolution be amended as follows: - By inserting at the beginning of the article of amendment the words " When and so far as a public exigency exists therefor and while it continues"; By striking out, in lines 8 to 12, inclusive, the words "the governor, with the approval of the council, if he deems that a public exigency exists, may, until otherwise provided by law, exercise the powers hereby granted. Provision may be made by law", and inserting in place thereof the word "and"; and By inserting after the word "life.", in line 20, the words "When the general court is not in session the governor, with the approval of the council, may, until otherwise provided by law, exercise the powers hereby granted." After debate Mr. Quincy of Boston moved that the resolution be amended as follows: THURSDAY, SEPTEMBER 27, 1917. 279 By striking out, in lines 3 and 4, the words " taking by pur- Mr. Quincy, chase or otherwise by the commonwealth of", and inserting in amendments - place thereof the words "commonwealth to contract for or to take by purchase or otherwise"; By striking out, in line 6, the words "the sale of", and in- serting in place thereof the words "to sell"; By inserting after the word "therein", in line 8, the words ", also to provide temporary shelter"; and By inserting after the word "converting,", in line 19, the words "preserving, storing,". Mr. Richardson of Newton moved that the resolution be Mr. J. p. amended as follows : ^ SSSS^T By striking out, in line 5, the comma after the word "fuel", and inserting in place thereof the word "and"; By striking out, in line 5, the words "and other necessaries of life"; and By striking out, in lines 13 and 14, and in line 20, the words "the necessaries of life", and inserting in place thereof, in each instance, the words "foodstuffs, feeds, fuel and ice". After further debate Mr. Richardson of Newton moved that Adjournment, the Convention adjourn; and this motion prevailed. Accordingly, at five minutes before four o'clock, the Conven- tion adjourned, to meet to-morrow at half-past ten o'clock A.M. JOURNAL OF THE COMMITTEE OF THE WHOLE. THURSDAY, September 27, 1917. Mr. Cummings of Fall River in the chair. The Resolution to provide for establishing the initiative and initiative and referendum (Doc. No. 335, amended) was considered further. Mr. Parker of Lancaster moved that, pursuant to instructions of the Convention, the resolution, as amended, be reported to the Convention; and this motion prevailed. On motion of the same member the Committee then rose. 280 JOURNAL OF THE CONVENTION, FRIDAY, September 28, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Adelbert L. Hudson, D.D., of Quincy. Compensation of Charles S. Bird, Jr. On motion of Mr. Powers of Newton, Charles s. Ordered, That the compensation of Charles S. Bird, Jr., for compensation, attendance be allowed from the beginning of the Convention. Discharge of the Committee of the Whole. Universities, Mr. Edwin U. Curtis of Boston moved that the Committee encouragement of the Whole be discharged from the consideration of the Reso- of literature. lution relative to universities and colleges and to the encourage- ment of literature (Doc. No. 309), and that the same be placed first in the Orders of the Day for Tuesday, October 2. After debate the previous question was ordered, on motion of Mr. Lowe of Fitchburg; and the motion of Mr. Curtis was adopted. The resolution was then read; and it was placed first in the Orders of the Day for Tuesday next. Printing of a Bulletin. The following order, offered by Mr. Quincy of Boston, was referred, under the provisions of a standing order, to the com- mittee on Rules and Procedure: Ordered, That the bulletin on "Statutory Powers and Duties of the Governor and Council", prepared by the commission ap- pointed to compile information and data for the Convention, be printed as a Convention document. Proposed Adjournment from October 26 to June 11. The following order, offered by Mr. Avery of Holyoke, the consideration of which was postponed from the last session, was considered : Ordered, That the Convention continue in session until the fourth Friday of October next, and that it then adjourn until the second Tuesday of June in the year 1918. After debate Mr. Chandler of Somerville moved the previous question. Mr. Sullivan of Salem raised the point of order that the order was in conflict with Rule 45. The President declared the point of order well taken. Mr. Avery of Holyoke moved that Rule 45 be suspended, so that the order might be considered. After debate the rule was suspended, by a vote of 161 to 54. "Statutory Powers and Duties of the Governor and Council ". Adjourn- ment from October 26 to June 11. Point of order. FRIDAY, SEPTEMBER 28, 1917. 281 Mr. Luce of Waltham then moved that the order be referred to the committee on Rules and Procedure. After debate this motion was adopted, by a vote of 162 to 32. Manner of Submitting Amendments. The following order, offered by Mr. Washburn of Middle- borough, the consideration of which was postponed from the last session, was adopted: - Ordered, That the committee on Rules and Procedure and the Manner of committee on Amendment and Codification of the Constitution, JjJeSSents sitting jointly, be requested to report an order directing the to the people. manner in which the several proposals to amend the Constitution, duly passed by this Convention, shall be submitted to the people for their ratification and adoption at the regular state election to be held on November 6 next. Absentee Voting Submission to the People. On motion of Mr. Buttrick of Lancaster the engrossed Resolu- Absentee tion to provide for absentee voting (see Doc. No. 357) was dis- votin s- charged from the Orders of the Day, under Rule 39, and con- sidered. The Convention then voted to submit the resolution to the people. Absentee Voting Placing on the Ballot. Mr. Luce of Waltham, for the committee on Rules and Pro- cedure, to whom was recommitted the order providing that only resolutions that have been passed for submission to the people on or before October first next be submitted to the voters at the coming state election, reported recommending that the same ought to pass in a new draft, as follows: Ordered, That the Secretary of the Convention transmit to the id. Secretary of the Commonwealth the engrossed Resolution rela- tive to absentee voting (see Doc. No. 357), and that the Secretary of the Commonwealth place upon the ballot at the coming state election the question of the adoption of the amendment em- bodied in said resolution. The report was read; and the order was placed in the Orders of the Day for the next session. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to authorize the enactment of laws governing Necessities the acquirement, sale and distribution of the necessities of life acquirement (Doc. No. 358), being the unfinished business of the last session, sale and was considered further, the main question being on ordering it ^ to a third reading. Mr. Richardson of Newton moved that the resolution be Mr. J. P. amended by adding at the end thereof the words " ; and all Richardson .*'.. . . . . 1 , , amendment. offices and positions created in connection with any such under- takings shall be filled in accordance with the laws and regula- 282 JOURNAL OF THE CONVENTION, Mr. E. IT. Curtis, amendment. Adjournment. tions governing the classified civil service of the commonwealth and its municipalities ". Mr. Edwin U. Curtis of Boston moved that the resolution be amended by striking out the article of amendment, and inserting in place thereof the following: "In time of emergencies and distress provision may be made by law, while such emergencies and distress continue, to author- ize the commonwealth to provide temporary shelter and to take by eminent domain, or to purchase in any market foodstuffs, medi- cines, fuel, ice, clothing, boots and shoes, and feed for animals, and to sell the same to the inhabitants thereof, to the inhabit- ants of other states, or to any county, city, town or other mu- nicipal corporation in this commonwealth, which may resell the same to their inhabitants, and in connection therewith may au- thorize the establishment, maintenance and operation by the commonwealth, cities and towns of markets, docks, fuel and coal yards elevators, warehouses, canneries and slaughter houses. When the legislature is not in session, the governor, with the approval of the council, may exercise the authority vested in the legislature by this section until the legislature reconvenes and acts." After debate 1 Mr. Parker of Lancaster moved that the Con- vention adjourn; and this motion prevailed. Accordingly, at three minutes before one o'clock, the Conven- tion adjourned, to meet on Tuesday next at half-past ten o'clock A.M. TUESDAY, OCTOBER 2, 1917. 283 TUESDAY, October 2, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. John L. Kilbon of Springfield, a member of the Convention. Extension of Time for Certain Reports. On motion of Mr. Doran of New Bedford, Ordered, That the committees on Amendment and Codification Reports of of the Constitution, State Administration, and State Administra- SSSoS?f ~~ tion and the Executive (sitting jointly) be granted until Tuesday, time. October 9, in which to report on matters before them. Leave of Absence. On motion of Mr. Boyer of Lynn, Ordered, That Mr. Hall of North Adams be granted leave of Isaac Freeman absence, under Rule 13, for one week from Tuesday, October 2, E for urgent personal reasons. On motion of Mr. Shaw of Revere, Voted, That Mr. Curtis of Revere be granted leave of absence, Arthurs. under Rule 13, because of illness. Curtis - Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to authorize the enactment of laws governing Necessities the acquirement, sale and distribution of the necessities of life ^rirement (Doc. No. 358), being the unfinished business of the last session, STamP 61 was considered further, the main question being on ordering it distribution - to a third reading. Mr. Lomasney of Boston moved that the resolution be Mr. Lomasney, amended by striking out the article of amendment, and insert- amendment! ing in place thereof the following: . "The maintenance, at reasonable rates, of a sufficient supply of food and other common necessaries of life, and of shelter, during times of war, emergency or distress, is a public function, and it shall be the duty of the commonwealth and of the cities and towns therein to take and to provide the same for their in- habitants in such manner as the legislature shall determine." After debate Mr. Cummings of Fall River moved that the Mr. amendment previously moved by Mr. Dutch of Winchester be amended by striking out the words proposed to be inserted at the beginning of the article of amendment, and inserting in place thereof the words "Whenever the public exigencies require". 284 JOURNAL OF THE CONVENTION, Mr. G. W. Anderson, amendment. Mr. Dutch, - postponement. Mr. Kneil, amendment. Mr. Clapp, amendment. Mr. Anderson of Brookline moved that the resolution be amended by striking out the article of amendment, and inserting in place thereof the following: "SECTION 1. Whenever the public exigencies require, provision may be made by law to authorize the commonwealth to con- tract for or to take by purchase or otherwise foodstuffs, feeds, fuel, ice and other necessaries of life, paying reasonable com- pensation therefor, and to sell the same to the inhabitants thereof and to any county, city, town or other municipal corpo- ration therein for resale to the inhabitants thereof, also to pro- vide temporary shelter. The governor, with the approval of the council, if the legislature is not in session, may, until otherwise provided by law, exercise the powers hereby granted. "SECTION 2. Provision may be made by law to authorize munic- ipalities to buy and to sell to their inhabitants the necessaries of life and to harvest, to manufacture and to sell ice; and to provide for the establishment, maintenance and operation by the com- monwealth and by cities and towns of markets, docks, fuel and coal yards, elevators, warehouses, canneries, slaughter houses, cold storage plants and other like means for collecting and con- verting, preserving, storing, selling and distributing the neces- saries of life. The use of uniform methods of accounting throughout the commonwealth shall be provided for by law for any undertakings under the authority of this section; and all offices and positions created in connection with any undertakings under this section shall be filled in accordance with the laws and regulations governing the classified civil service of the common- wealth and its municipalities." Mr. Dutch of Winchester moved that the further consider- ation of the resolution be postponed until to-morrow, and be specially assigned for consideration at 10.30 o'clock A.M. After debate on the motion to postpone, the following amend- ments were received, there being no objection: Mr. Kneil of Westfield moved that the resolution be amended by adding at the end thereof the words "Provision may be made by any such law for the payment of damages to any person owning an established business, whether the same shall be taken or not, for a decrease in value of such business, whether by loss of custom or otherwise, by the carrying out of such law." Mr. Clapp of Lexington moved that the resolution be amended by striking out the article of amendment, and inserting in place thereof the following: "Whenever the public exigencies require, the legislature (1) may authorize the commonwealth to provide shelter and to con- tract for, or to take by purchase or otherwise, paying reasonable compensation therefor, foods, foodstuffs, feeds for animals, fuel and ice, and to sell the same to the inhabitants thereof and to any municipal corporation or political division therein; (2) may authorize municipalities to buy and to sell to their inhabitants said necessaries of life and to harvest and manufacture ice; and to those ends (3) may authorize the commonwealth and cities and towns to establish, maintain and operate all necessary means for collecting, converting, preserving, storing and distributing TUESDAY, OCTOBER 2, 1917. 285 said necessaries of life. When the legislature is not in session, the governor, with the approval of the council, may, until other- wise provided by law, exercise the powers hereby authorized. The use of uniform methods of accounting throughout the com- monwealth shall be provided by law for any undertakings under the authority of this article." Mr. Loring of Beverly moved that the resolution be amended by striking out the article of amendment, and inserting in place thereof the following: "SECTION 1. Provision may be made by law whereby the commonwealth, or any political division thereof, may at any time contract for, or take by purchase or otherwise, upon pay- ment of a reasonable compensation therefor, foodstuffs, feeds, fuel, ice, and in a time of public emergency any other necessary of life, and may sell the same to inhabitants of the common- wealth, or to any county, city, or town, or other municipal corporation therein; and may establish, maintain and operate markets, docks, fuel and coal yards, elevators, warehouses, can- neries, slaughter houses, ice houses, cold storage plants, and other similar means for collecting, preserving, converting, selling or distributing the same. "SECTION 2. The existence of a public emergency within the meaning of this article shall be determined by the general court, or, if it is not in session, by the governor and council. "SECTION 3. Provision shall be made by law for the use throughout the commonwealth of uniform methods of account- ing in the conduct of any undertaking carried on under the authority of this article." Mr. Coolidge of Milton moved that the resolution be amended ?? by striking out, in lines 13 and 14, the words "to buy and to sell to their inhabitants the necessaries of life and". Mr. Lowe of Fitchburg moved that the resolution be amended by inserting before the word "collecting", in line 19, the word "producing,". Mr. Montague of Boston moved that the resolution be Mr. Montague, amended by striking out, in lines 3 and 12, the words "Provision -amendments. may be made by law", and inserting in place thereof, in each instance, the words "The general court may". Mr. Luce of Waltham moved that the resolution be amended by striking out the article of amendment, and inserting in place thereof the following: . " The general court may determine what is a public use." The motion of Mr. Dutch, that the further, consideration of Postponement, the resolution be postponed until to-morrow, and be specially as- signed for consideration at 10.30 o'clock A.M., was then adopted. The Resolution relative to universities and colleges and to the Universities encouragement of literature (Doc. No. 309) was considered, the e^oSa^fment question being on ordering it to a second reading. of literature. After debate (Mr. Coolidge of Milton being in the chair) Mr. Mr. Kenny, Kenny of Boston moved that the resolution be amended, in section ~~ ame 2, by striking out, in line 10, the word "higher", and inserting 286 JOURNAL OF THE CONVENTION, Recess. Quorum. Mr. Mansfield, amendments. Previous question. Mr. Clapp, amendment. Mr. Cummings, amendment. Adjournment. in place thereof the words "all schools and"; and by inserting after the word "towns", in line 12, the words "and cities". After further debate Mr. Blackmur of Quincy moved that the Convention take a recess until two o'clock; and this motion prevailed. Accordingly, at two minutes before one o'clock, recess was declared (Mr. Coolidge being in the chair) until two o'clock; at which hour the Convention reassembled. Mr. O'Connell of Boston doubted the presence of a quorum; and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. On the appearance of a quorum, and after debate, Mr. Mans- field of Boston moved that the resolution be amended as fol- lows : In section 1, by striking out, in lines 1, 2 and 3, the words "our wise and pious ancestors, so early as the year one thousand six hundred and thirty-six, laid the foundation of Harvard Col- lege, and whereas"; by striking out, in line 3, the word "later"; by striking out, in line 5, the word "other"; and by striking out, in lines 14 and 15, the words "the President and Fellows of Harvard College, in their corporate capacity, and"; In section 2, by striking out, in line 2, the word "being", and inserting in place thereof the word "are"; By striking out, in lines 9 and 10, the words " the university at Cambridge,"; By striking out, in line 10, the word "other"; By striking out, in line 11, the word "public", and inserting in place thereof the word "and"; By striking out, in the same line, the words "and grammar schools"; and By inserting before the word "towns", in line 12, the word "cities and". Mr. Bauer of Lynn moved the previous question. Mr. Clapp of Lexington, there being no objection, moved that the resolution be amended, in section 2, by inserting in line 20, after the word "shall", the words ", save as otherwise and else- where provided in the constitution,". After debate the motion of Mr. Bauer was negatived, by a vote of 35 to 139. Mr. Cummings of Fall River moved that the resolution be amended, in section 2, by striking out, in lines 23 to 26, inclusive, the words "insure a complete and efficient system of education which will afford to every one opportunity for full mental, physi- cal, and moral development, and will aid and encourage all to become unselfish and loyal citizens", and inserting in place thereof the words "promote and encourage the principles of humanity, education, general benevolence and public and private charity". After further debate Mr. Winslow of Newton moved th:it the Convention adjourn; and this motion prevailed. Accordingly, at four minutes after four o'clock, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. : _- TT^TT : i-n TIRI 288 JOURNAL OF THE CONVENTION, Necessities of life, acquirement, Bale and distribution. Quorum. 100,000 daily with extra help and overtime work, and that the minimum time for addressing and mailing 650,000 pamphlets, with extra help, working nights and on Sunday, is one week. With all these operations in process at the same time, and allowing the mailing company at least three days to compfete the addressing and mailing, a total of twenty-one days would be required. Special Assignment. At nineteen minutes before eleven o'clock the special assign- ment was considered, being the Resolution to authorize the enact- ment of laws governing the acquirement, sale and distribution of the necessities of life (Doc. No. 358), the main question being on ordering it to a third reading. Mr. Hobbs of Worcester asked for a count of the Convention, to ascertain if a quorum was present. A count showed that 111 members were present. Soon afterwards Mr. Parkman of Boston moved that the roll of the Convention be called, to ascertain if a quorum was present; and this motion prevailed. The roll was called; and 204 members answered to their names, as follows : Adams, Brooks Adams, Smith J. Anderson, Frederick L. Anderson, George W. A very, Nathan P. Aylward, James F. Bailey, Charles O. Bangs, Francis R. Barnes, George L. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates, John L. Bauer, Ralph S. Blackmur, Paul R. Bodfish, John D. W. Bos worth, Henry H. Boucher, Joseph Zoel Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Broderick, Patrick S. Brown, E. Gerry Brown, Samuel F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Bullock, William J. Burns, William A. Burrell, Fred J. Buttrick, Allan G. CaUahan, Timothy F. Chandler, Leonard B. Chase, Mial W. Churchill, George B. Clapp, Robert P. Messrs. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Coleman, George W. Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Coombs, Zelotes W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Crafts, Lyman A. Craven, John H. Creamer, Walter H. Creed, James F. Crosby, J. Ho well Cummings, John W. Curtis, Charles P., Jr. Curtis, Edwin U. Curtiss, Elmer L. Cusick, John F. Dale, George H. Dean, Robert A. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Donnelly, James P. Donovan, Daniel R. Dresser, Frank F. Driscoll, Dennis D. DriscoU, Timothy J. Dutch, Charles Frederick Farnsworth, Frank S. Ferrey, Irving D. Ferry, James R. WEDNESDAY, OCTOBER 3, 1917. 289 Messrs. Finn, E. Philip Fisher, Edward Fitz-Randolph, Reginald T. Flaherty, William Fraser, Eugene B. Frost, Archie N. Garland, Francis P. Gartland, John J. Gates, Joseph S. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Neshit G. Good, John P. Granfield, William J. Green, Thomas H. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hamilton, Andrew Foster Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Hutchings, Henry M. Jones, George R. Keliher, John A. Kelley, George W. Kelly, Luke L. Kenefick, Thomas W. Kenny, Herbert A. Kinney, William S. Kneil, Arthur S. Lane, D wight F. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Linke, Fred R. Logan, James Lomasney, Martin M. Look, William J. Loring, Augustus P. Love, Joseph A. Lowe, Arthur H. Lowell, James A. Luce, Robert Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Mansfield, John J. McAnarney, John W. McCarthy, Charles F. McLaud, Abner S. Merriam, John M. Mitchell, Charles Montague, David T. Moran, William Moriarty, James T. MorriU, Charles H. Messrs. Morton, James M. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'ConneU, John P. O'Connor,. John D. Parker, Herbert Parkman, Henry Peirce, Albion G. Peterson, Patrick Pillsbu^, Albert E. Putnam, Harry B. Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Rieutprd, Louis O. Robbins, Edward J. Ross, Samuel Saunders, Amos T. Sawyer, Roland D. Shattuck, Josiah B. Shaw, Michael F. Shea, John M. Shea, John T. Sherburne, Nelson Smith, Jerome S. Sparrell, Ernest H. Sullivan, Edmund G. Sullivan, William H. Sullivan, William J. Sweeney, Edward A. Sweet, Joseph L. Swig, Louis Tatman, Charles T. Theller, Ralph L. Thompson, Hubert C. Tilton, Rufus H. Turner, Joseph Underbill, Charles L. Walcott, Robert Walker, George Walker, Joseph Washburn, Charles G. Waterman, George B. Webster, Francis E. Webster, George P. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wilson, William H. Wing, Herbert Winslow, Guy M. Wonson, Carltpn W. Youngman, William S. 290 JOURNAL OF THE CONVENTION, Precedence of amendments. Amendments withdrawn. Mr. Tatman, amendment. Previous question. Amendment withdrawn. Amendment adopted. Motion to reconsider. Quorum. Therefore it appeared that a quorum was then present. Mr. Anderson of Brookline moved that the question first be put on the amendment previously moved by Mr. Clapp of Lexington. Mr. Lomasney of Boston moved that the question first be put on the amendment previously moved by him. These motions were severally negatived. After debate the amendments previously moved by Messrs. Dutch of Winchester, Loring of Beverly, Lowe of Fitchburg, Quincy of Boston, Montague of Boston, Richardson of Newton and Edwin U. Curtis of Boston were severally withdrawn by those members, there being no objection, and the amendment previously moved by Mr. Cummings of Fall River was thereby eliminated. After further debate Mr. Tatman of Worcester moved that the amendment previously moved by Mr. Clapp of Lexington be amended by inserting after the word "Whenever", in line 1, the words "during times of war, emergency or distress". Mr. Ross of New Bedford (Mr. Walker of Brookline being in the chair) moved the previous question; and this motion, after debate, was adopted, by a vote of 130 to 85. Mr. Anderson of Brookline (the President having resumed the chair) then withdrew the amendment previously moved by him, there being no objection. The amendments previously moved by Messrs. Coolidge of Milton and Kneil of Westfield were severally rejected; and the amendment previously moved by Mr. Lomasney of Boston was adopted, by a vote of 142 to 85, as follows (thereby eliminating the amendments moved by Messrs. Tatman of Worcester, Clapp of Lexington and Luce of Waltham) : Striking out the article of amendment, and inserting in place thereof the following: "The maintenance, at reasonable rates, of a sufficient supply of food and other common necessaries of life, and of shelter, during times of war, emergency or distress, is a public function, and it shall be the duty of the commonwealth and of the cities and towns therein to take and to provide the same for their in- habitants in such manner as the legislature shall determine." The resolution, as thus amended (Doc. No. 361), was ordered to a third reading. At four minutes before one o'clock, on motion of Mr. Under- bill of Somerville, a recess was taken until two o'clock; at which hour the Convention reassembled. Mr. Avery of Holyoke moved that the vote be reconsidered by which the Resolution to authorize the enactment of laws govern- ing the acquirement, sale and distribution of the necessities of life (Doc. No. 361) was ordered to a third reading; and this mo- tion, under the rule, was placed first in the Orders of the Day for the next session. Mr. Bryant of Milton doubted the presence of a quorum, and the President requested the Sergeant-at-Arms to secure the at- tendance of a quorum. WEDNESDAY, OCTOBER 3, 1917. 291 Orders of the Day. On the appearance of a quorum the Convention proceeded to the consideration of the Orders of the Day. The Resolution relative to universities and colleges and to the Universities encouragement of literature (Doc. No. 309), being the unfinished tScouragfment business of the last session, was considered further, the main of literature, question being on ordering it to a second reading. Mr. Anderson of Newton moved that the resolution be Mr. Anderson, . amendments. amended as follows : In section 1, by inserting in line 21, after trie word "enjoy", the words ", save as otherwise and elsewhere provided in the constitution"; In section 2, by striking out the last sentence, and inserting in place thereof the words "To this end the legislature shall have the power to exempt from taxation property used for charitable, benevolent, literary, educational, scientific and religious pur- poses."; and By striking out the article of amendment, and inserting in place thereof the following: " The legislature shall have the power to exempt from taxation property used for charitable, benevolent, literary, educational, scientific and religious purposes." Mr. Ross of New Bedford moved that, unless a vote be sooner reached, debate be closed at eleven o'clock A.M. to-morrow. Mr. Sawyer of Ware moved that, unless a vote be sooner reached, debate be closed at half -past three o'clock this afternoon. After debate the question was put on the motion of Mr. Ross (that motion taking precedence under the rule), and the same was adopted, by a vote of 108 to 102. After debate Mr. Powers of Newton moved that the resolution Mr. Powers, , i , . r f 11 amendment. be amended, in section 2, as follows: By inserting in line 21, after the word "otherwise," the words ", save as otherwise and elsewhere provided in the constitution,"; and By adding at the end thereof the words "To this end the legislature shall have the power to exempt from taxation prop- erty used for charitable, benevolent, literary, educational, scien- tific and religious purposes." Mr. Stoneman of Boston moved that the resolution be amended, ^ r in section 1, by striking out, in line 12, the words "the Chris- tian", and inserting in place thereof the word "all". After further debate Mr. Linke of West Springfield moved that Adjournment. the Convention adjourn; and this motion prevailed. Accordingly, at twenty-four minutes after four o'clock, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. 292 JOURNAL OF THE CONVENTION, Sherman L. Whipple. Guy W. Cox. Adjournment until October 9. Quorum. Absentee voting. THURSDAY, October 4, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Willis P. Odell, D.D., of Brookline. Leave of Absence. On motion of Mr. Cox of Boston, Ordered, That Mr. Whipple of Brookline be granted leave of absence, under Rule 13, until October 16, because of professional engagements of long standing. On motion of Mr. Edwin U. Curtis of Boston, Ordered, That Mr. Cox of Boston be granted leave of absence, under Rule 13, until October 16, because of professional engage- ments of long standing. Proposed Adjournment to October 9. Mr. Brown of Springfield moved that, when the Convention adjourns to-day, it adjourn to meet on Tuesday, October 9. Mr. Walker of Brookline asked for a count of the Convention to ascertain if a quorum was present. A count showed that 126 members were present. The President requested the Sergeant- at-Arms to secure the attendance of a quorum. On the appearance of a quorum, and after debate, the motion of Mr. Brown was negatived. Absentee Voting Placing on the Ballot. On motion of Mr. Buttrick of Lancaster the following order was discharged from the Orders of the Day, under Rule 39, and considered: Ordered, That the Secretary of the Convention transmit to the Secretary of the Commonwealth the engrossed Resolution rela- tive to absentee voting (see Doc. No. 357), and that the Secre- tary of the Commonwealth place upon the ballot at the coming state election the question of the adoption of the amendment em- bodied in said resolution. The order was then recommitted to the committee on Rules and Procedure, on motion of Mr. Luce of Waltham. Necessities of life, acquirement, sale and distribution. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The motion of Mr. Avery of Holyoke, that the vote be recon- sidered by which, at the last session, the Resolution to authorize the enactment of laws governing the acquirement, sale and dis- THURSDAY, OCTOBER 4, 1917. 293 tribution of the necessities of life (Doc. No. 361) was ordered to a third reading, was considered. After debate the motion to reconsider was negatived, by a vote of 82 to 145. The Resolution relative to universities and colleges and to the Universities encouragement of literature (Doc. No. 309), being the unfinished SwSS^ent business of the last session, was considered further, the main of literature. question being on ordering it to a second reading. At seventeen minutes after eleven o'clock Mr. Lomasney of Boston moved, there being no objection, that the vote be recon- sidered by which the Convention, at the last session, voted to close debate at eleven o'clock A.M. to-day. This motion prevailed. Pending the recurring question Mr. Ross of New Bedford moved that, unless a vote be sooner reached, debate be closed at twelve o'clock noon. Mr. Wellman of Topsfield moved that, unless a vote be sooner reached, debate be closed at three o'clock P.M. Mr. Walker of Brookline moved that the motion of Mr. Ross be amended by adding at the end thereof the words ", and that the member in charge of the resolution then be allowed twenty minutes". After debate Mr. Sawyer of Ware moved that, unless a vote be sooner reached, debate be closed at two o'clock P.M. After further debate the question was put on the motion of Mr. Wellman (that motion taking precedence under the rule), and the same prevailed. The recurring question, as thus amended, was then adopted. At one o'clock, under the provisions of a standing order, the R eC ess. President declared a recess until two o'clock; at which hour the Convention reassembled. Mr. Washburn of Worcester doubted the presence of a quorum. Quorum. The President requested the Sergeant-at-Arms to secure the at- tendance of a quorum. Subsequently a count of the Convention showed that 152 mem- bers were present. On the appearance of a quorum, and after debate, Mr. Clapp Mr. ciapp, of Lexington, there being no objection, modified the amendment amendment. previously moved by him, so as to read as follows: In section 2, by inserting in line 20, after the word "shall", the words ", save as otherwise and elsewhere provided and elsewhere prohibited in the constitution,". Mr. Anderson of Newton, there being no objection, withdrew Mr. Anderson, the second amendment previously moved by him, and modified amendments, his remaining amendments so as to read as follows : In section 1, by inserting in line 21, after the word "enjoy", the words ", save as otherwise and elsewhere provided and else- where prohibited in the constitution"; and By striking out the article of amendment (beginning with line 3), and inserting in place thereof the following: "The legislature shall continue to have the power to exempt from taxation property used for charitable, benevolent, literary, educational, scientific and religious purposes." 294 JOURNAL OF THE CONVENTION, On the amendments previously moved by Mr. Kenny of Boston the sense of the Convention was taken by yeas and nays, at the request of that member; and on the roll call 93 members voted in the affirmative and 165 in the negative, as follows: YEAS. Messrs. Adams, Brooks Aylward, James F. Barrett, James T. Batchelder, Albert W. Begley, John S. Bigney, Robert E. Bowen, Patrick Boy den, Frank L. Brennan, James H. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Brown, Samuel F. Carr, Edward Codman, James M., Jr. Coogan, Clement F. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Craven, John H. Creamer, Walter H. Creed, James F. Cummings, John W. Curtis, Edwin U. Cusick, John F. Daley, Peter Daly, John W. Dean, Robert A. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Dor an, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Feiker, William H. Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Glazier, Frederick P. Good, John P. Granfield, William J. Green, Thomas H. Harriman, Arthur N. Harrington, Patrick H. Messrs. Adams, Charles Francis Adams, Scott Adams, Smith J. Anderson, Frederick L. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Messrs. Horgan, Francis J. Kelley, Thomas R. Kenny, Herbert A. Lane, Daniel W. Leboeuf, Telesphore Leonard, Joseph J. Love, Joseph A. Maguire, James E. Mahoney, John J. Mansfield, John J. MeAnarney, John W. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. Mitchell, John Moran, William Moriarty, James T. Moynihan, James J. Murley, Joseph J. Myron, John F. O'Connell, John J. O'ConneU, John P. O'Connell, Joseph F. O'Connor, John D. Parkman, Henry Pelletier, Joseph C. Putnam, Harry B. Quincy, Josiah Ray, Herbert L. Rieutord, Louis O. Sawyer, Roland D. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Stoneman, David Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Swig, Louis Twomey, John C. Walker, George Walsh, David I. Wilson, William H. NAYS. Messrs. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Bauer, Ralph S. Bergengren, Roy F. Bicknefi, Wallace H. Blackmur, Paul R. THURSDAY, OCTOBER 4, 1917. 295 Messrs. Bodfish, John D. W. Bolster, Percy G. Bosworth, Henry H. Boucher, Joseph Zoel Bouve*, Walter L. Boyer, Elmer E. Boynton, Thomas J. Brackett, John Q. A. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Bullock, William J. Burns, William A. Buttrick, Allan G. CaUahan, Timothy F. Chandler, Leonard B. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Coe, S. Hamilton Coleman, George W. Collier, David R. Collins, Samuel I. Coombs, Zelotes W. Crafts, Lyman A. Crosby, J. Ho well Curtis, Charles P., Jr. Curtiss, Elmer L. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. i Dellinger, Raymond P. Derbyshire, James H. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Ferrey, Irving D. Ferry, James R. Finn, E. Philip Fisher, Edward Fitz-Randolph, Reginald T. Fraser, Eugene B. French, Asa P. Garland, Francis P. Gartland, John J. Gates, Joseph S. Gay lord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Graumann, John Greenwood, Hamlet S. Hale, Edward R. Hall, Frederick S. Hamilton, Andrew Foster Harding, Clarence W. Hawley, Truman R. Hibbard, Charles E. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Hutchings, Henry M. Johnson, Charles R. Jones, George R. Kelley, George W. . Kenefick, Thomas W. Kerr, Alexander Kilbon, John L. Kinney, William S. Knotts, J. Franklin Lane, Dwight F. Langelier, Louis F. R. Larson, Charles G. Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Mancovitz, David McCarthy, Charles F. McLaud, Abner S. Merriam, John M. Merrill, George Frye Michelman, Joseph Mitchell, Charles Montague, David T. Morrill, Charles H. Morton, James M. Nestor, Patrick F. Newton, H. Huestis Nutting, Edward H. Parker, Herbert Peirce, Albion G. Peterson, Patrick Pillsbury, Albert E. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Ross, Samuel Saunders, Amos T. Shattuck, Josiah B. Smith, Jerome S. Sparrell, Ernest H. Stearns, Harry N. Stoeber, Charles Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Talbot, Harry R. Tatman, Charles T. Theller, Ralph L. Thompson, Edward Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Turner, Joseph Underbill, Charles L. Walcott, Robert Walker, Joseph Washburn, Albert H. Washburn, Charles G. Waterman, George B. Webster, Francis E. Webster, George P. 296 JOUENAL OF THE CONVENTION, Amendment adopted. Id. Id. Id. Id. Messrs. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Whitehead, James Whittier, Eugene P. Willett, George Franklin Messrs. Williams, Fred Homer Wing, Herbert Winslow, Guy M. Wonson, Carlton W. Wood, Charles J. Youngman, William S. 93 yeas; 165 nays. Therefore the amendments previously moved by Mr. Kenny were rejected. The amendments previously moved by Mr. Mansfield of Bos- ton were also rejected. The foregoing amendment moved by Mr. Clapp of Lexington was adopted, by a vote of 119 to 92. The amendment previously moved by Mr. Cummings of Fall River was rejected. The foregoing amendment of section 1, moved by Mr. Ander- son of Newton, was adopted, by a vote of 143 to 18. The first amendment previously moved by Mr. Powers of Newton was adopted, by a vote of 125 to 71, as follows: Adding at the end of the resolution the words "To this end the legisla- ture shall have the power to exempt from taxation property used for charitable, benevolent, literary, educational, scientific and religious purposes." The second amendment previously moved by Mr. Powers was rejected. The amendment previously moved by Mr. Stoneman of Bos- ton was adopted, by a vote of 168 to 23, as follows: In section 1, striking out, in line 12, the words "the Christian", and insert- ing in place thereof the word "all". On the second foregoing amendment moved by Mr. Anderson of Newton the sense of the Convention was taken by yeas and nays, at the request of Mr. Edwin U. Curtis of Boston; and on the roll call 192 members voted in the affirmative and 62 in the negative, as follows: YEAS. Messrs. Adams, Charles Francis Adams, Smith J. Anderson, Frederick L. Aylward, James F. Bailey, Charles O. Balch, Francis N. Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Bergengren, Roy F. BickneU, Wallace H. Bigney, Robert E. Bodfish, John D. W. Bolster, Percy G. Messrs. Boucher, Joseph Zoel Bouve, Walter L. Bowen, Patrick Boyer, Elmer E. Boynton, Thomas J. Brennan, James H. Brine, Henry C. Broderick, Patrick S. Brown, Samuel F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Callahan, Timothy F. Carr, Edward Chandler, Leonard B. Clark, Ezra W. Codman, James M., Jr. Coleman, George W. THURSDAY, OCTOBER 4, 1917. 297 Messrs. Collins, Samuel I. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Crafts, Lyman A. Craven, John H. Creamer, Walter H. Creed, James F. Crosby, J. Ho well Curtis, Charles P., Jr. Curtis, Edwin U. Cusick, John F. Daley, Peter Daly, John W. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Doe, Orestes T. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Dutch, Charles Frederick Farns worth, Frank S. Ferrey, Irving D. Ferry, James R. Finn, E. Philip Fisher, Edward Fitz-Randolph, Reginald T. Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Fraser, Eugene B. French, Asa P. Garland, Francis P. Gartland, John J. Gates, Joseph S. Gay lord, Henry E. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Granfield, WiUiam J. Graumann, John Green, Thomas H. Greenwood, Hamlet S. Hale, Edward R. Hall, Frederick S. Hamilton, Andrew Foster Harriman, Arthur N. Hart, Albert Bushnell Hawley, Truman R. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. KeUey, Thomas R. Kerr, Alexander Kinney, William S. Knotts, J. Franklin Lane, Daniel W. Lane, Dwight F.. Messrs. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Logan, James Look, WiUiam J. Love, Joseph A. Lowell, James A. Lufkin, Wfflfred W. Lyman, Frank E. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. Merriam, John M. Merrill, George Frye Michelman, Joseph Mitchell, Charles Mitchell, John Montague, David T. Moriarty, James T. Morton, James M. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Parker, Herbert Parkman, Henry Pelletier, Joseph C. Quincy, Josiah Richardson, Edward A. Richardson, James P. Rieutord, Louis O. Robbins, Edward J. Ross, Samuel Sawyer, Roland D. Shattuck, Josiah B. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Smith, Jerome S. Sparrell, Ernest H. Stearns, Harry N. Stoeber, Charles Stoneman, David Sullivan, Edmund G. Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Sweeney, Edward A. Sweet, Joseph L. Swig, Louis Talbot, Harry R. Thompson, Edward 298 JOURNAL OF THE CONVENTION, Messrs. Turner, Joseph Twomey, John C. Underbill, Charles L. Walcott, Robert Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Waterman, George B. Messrs. Adams, Scott Ballantyne, John Bartlett, Horace I. Bassett, Edmund Blackmur, Paul R. Bosworth, Henry H. Boyden, Frank L. Brackett, John Q. A. Brown, E. Gerry Bullock, William J. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Coe, S. Hamilton Collier, David R. Coogan, Clement F. Coombs, Zelotes W. Cummings, John W. Dale, George H. Dean, Robert A. Dresser, Frank F. Feiker, William H. Foss, George H. George, Samuel W. Harding, Clarence W. Harrington, Patrick H. Hibbard Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Messrs. Webster, Francis E. Webster, George P. Weekes, George LeRoy Whitehead, James Willett, George Franklin Wing, Herbert Wonson, Carlton W. Wood, Charles J. Youngman, William S. NAYS. Messrs. Kelley, George W. Kenefick, Thomas W. Kenny, Herbert A. Kilbon, John L. Linke, Fred R. Loring, Augustus P. Lowe, Arthur H. Luce, Robert Lynch, John C. MacMaster, Edward A. McAnarney, John W. McLaud, Abner S. Moran, William Peirce, Albion G. Pillsbury, Albert E. Putnam, Harry B. Reidy, Michael J. Robinson, George H. Saunders, Amos T. Tatman, Charles T. Theller, Ralph L. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Williams, Fred Homer Wilson, William H. Winslow, Guy M. 192 yeas; 62 nays. Therefore the second foregoing amendment moved by Mr. Anderson was adopted. The resolution, as thus amended (Doc. No. 362), was ordered to a second reading. Adjournment. jy[ r Underbill of Somerville moved that the Convention ad- journ; and this motion was adopted, by a vote of 149 to 39. Accordingly, at one minute before four o'clock, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. FRIDAY, OCTOBER 5, 1917. 299 FRIDAY, October 5, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Charles Tilton of Framingham. Quorum. Mr. Lane of Boston moved that the roll of the Convention be Quorum, called, to ascertain if a quorum was present; and this motion prevailed. The roll was called; and 199 members answered to their names, as follows : Messrs. Anderson, Frederick L. Anderson, George W. Aylward, James F. Bailey, Charles O. Bangs, Francis R. Barnes, George L. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates, John L. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Blackmur, Paul R. Bodfish, John D. W. Bolster, Percy G. Boucher, Joseph Zoel Bouve", Walter L. Boynton, Thomas J. Bracket!, John Q. A. Brennan, James H. Brine, Henry C. Broderick, Patrick S. Brooks, George F. Bryant, Lincoln Buck, Maurice A. Bullock, William J. Burns, William A. Butler, A. Webster Buttrick, Allan G. Callahan, Timothy F. Chandler, Leonard B. Chase, Mial W. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Coombs, Zelotes W. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Crafts, Lyman A. Messrs. Craven, John H. Creamer, Walter H. Crosby, J. Ho well Crossley, William Cyril Curtis, Charles P., Jr. Curtis, Edwin U. Curtiss, Elmer L. Cusick, John F. Dale, George H. Daley, Peter Daly, John W. Davis, Elbridge G. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Derbyshire, James H. Doe, Orestes T. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Doran, James P. Dresser, Frank F. Driscoll, Dennis D. Driscoll, Timothy J. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Finn, E. Philip Fisher, Edward Flaherty, William Flye, Louis Edwin Fraser, Eugene B. French, Asa P. Garland, Francis P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Green, Thomas H. Hale, Edward R. Hall, Frederick S. 300 JOURNAL OF THE CONVENTION, Messrs. Hamilton, Andrew Foster Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hibbard, Charles E. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Hutchings, Henry M. Jones, George R. Kelley, George W. Kelley, Thomas R. Kelly, Luke L. Kenefick, Thomas W. Kenny, Herbert A. Kilbon, John L. Lane, Daniel W. Langelier, Louis F. R. Leonard, Joseph J. Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lyman, Frank E. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Martin, Martin L. McAnarney, John W. McCarthy, Charles F. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, Charles Mitchell, John Montague, David T. Moore, Charles D. C. Moran, William Moriarty, James T. Morton, James M. Murley, Joseph J. Myron, John.F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John P. O'Connor, John D. Parker, Herbert Messrs. Parkman, Henry Pelletier, Joseph C. Peterson, Patrick Pillsbury, Albert E. Powers, Samuel L. Quincy, Josiah Quinn, Timothy F. Richardson, Edward A. Richardson, James P. Rieutprd, Louis O. Robbins, Edward J. Ross, Samuel Saunders, Amos T. Shattuck, Josiah B. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Smith, Jerome S. Smith, Rutherford E. Sparrell, Ernest H. Stoeber, Charles Sullivan, Edmund G. Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Sweet, Joseph L. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Turner, Joseph Twomey, John C. Underbill, Charles L. Walker, Joseph Walsh, David I. Washburn, Albert H. Waterman, George B. Webster, Francis E. Webster, George P. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William Whitehead, James Whittier, Eugene P. Williams, Fred Homer Wing, Herbert Winslow, Guy M. Wonson, Carltpn W. Youngman, William S. Therefore it appeared that a quorum was then present. adjournment Hour of Adjournment. ^ T ' George f Haverhill moved that, if the Convention is in session at quarter-past twelve o'clock P.M. to-day, the President shall declare an adjournment until Tuesday next. After debate, the previous question having been ordered, on FRIDAY, OCTOBER 5, 1917. 301 motion of Mr. Bauer of Lynn, the question was put, and 100 members voted in the affirmative and 105 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. George; and on the roll call 96 members voted in the affirmative and 126 in the negative, as follows: YEAS. Messrs. Adams, Charles Francis Bailey, Charles O. Balch, Francis N. Bangs, Francis R. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Blackmur, Paul R. Bolster, Percy G. Bouve", Walter L. Bowen, Patrick Brackett, John Q. A. Brooks, George F. Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Coombs, Zelotes W. Crafts, Lyman A. Craven, John H. Crosby, J. Howell Crossley, William Cyril Cummings, John W. Curtis, Charles P., Jr. Curtis, Edwin U. Curtiss, Elmer L. Cusick, John F. Dale, George H. Davis, Elbridge G. Doe, Orestes T. Dresser t Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Fisher, Edward Fraser, Eugene B. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Anderson, George W. Ay 1 ward, James F. Barrett, James T. Messrs. French, Asa P. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Frederick S. Hamilton, Andrew Foster Hibbard, Charles E. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Knotts, J. Franklin Lane, Daniel W. Langelier, Louis F. R. Look, William J. Loring, Augustus P. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lyman, Frank E. Montague, David T. Moore, Charles D. C. Morton, James M. Parkman, Henry Pillsbury, Albert E. Richardson, Edward A. Robbins, Edward J. Saunders, Amos T. Shattuck, Josiah B. Smith, Jerome S. Smith, Rutherford E. Sullivan, Edmund G. Sweet, Joseph L. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Turner, Joseph Underbill, Charles L. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Youngman, William S. NAYS. Messrs. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. 302 JOUKNAL OF THE CONVENTION, Messrs. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Boynton, Thomas J. Brennan, James H. Brine, Henry C. Broderick, Patrick S. Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Garland, Francis P. Gates, Joseph S. Gay lord, Henry E. Glazier, Frederick P. Good, John P. Green, Thomas H. Harding, Clarence W. Harriman, Arthur N. Hart, Albert BushneU Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Kelley, Thomas R. Kelly, Luke L. Kenny. Herbert A. Kerr, Alexander Kilbon, John L. Leonard, Joseph J. Lowe, Arthur H. MacMaster, Edward A. Maguire, James E. Messrs. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, Charles Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connor, John D. Parker, Herbert Pelletier, Joseph C. Peterson, Patrick Powers, Samuel L. Quincy, Josiah Quinn, Timothy F. Rieutord, Louis O. Ross, Samuel Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sparrell, Ernest H. Stearns, Harry N. Stoeber, Charles Sullivan, Joseph M. Sullivan, William H. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Twomey, John C. Walker, Joseph Walsh, David I. Washburn, Albert H. Webster, Francis E. Webster, George P. Whitehead, James Winslow, Guy M. Wonson, Carlton W. 96 yeas; 1126 nays. Therefore the motion of Mr. George was negatived. FRIDAY, OCTOBER 5, 1917. 303 Placing of Resolutions on the Ballot. Mr. Anderson of Newton moved that the Secretary of the Public funds Convention be instructed to transmit to the Secretary of the eertffi""* Commonwealth the engrossed Resolution relative to the support institutions. of certain institutions from public funds (Doc. No. 348), and that the Secretary of the Commonwealth be instructed to place upon the ballot at the next ensuing state election the question of the adoption of the amendment to the Constitution embodied in said resolution. The form of the question shall be determined by the committees on Rules and Procedure and on Amendment and Codification of the Constitution, as already voted. After debate Mr. Edwin U. Curtis of Boston moved that the motion be referred to the committees on Rules and Procedure and Amendment and Codification of the Constitution, sitting jointly. After further debate Mr. Creamer of Lynn moved the previous question; and this motion, after debate, was negatived, by a vote of 31 to 138. The motion of Mr. Curtis was then adopted. The consideration of the following order, offered by Mr. Lowe of Fitchburg, was postponed until the next session, at the request of Mr. Creamer of Lynn: Ordered, That the Secretary of the Convention be instructed to Absentee notify the Secretary of the Commonwealth that the only resolu- tions to be put upon the ballot at the coming state election will be the Resolution to provide for absentee voting (Doc. No. 357), and the Resolution to authorize the enactment of laws governing the acquirement, sale and distribution of the necessities of life (Doc. No. 361). Leave of Absence. On motion of Mr. Dresser of Worcester, Voted, That Mr. Hobbs of Worcester be granted leave of absence from to-day's session, in order that he may attend a funeral. Negligence of Spectators. On motion of Mr. Pillsbury of Wellesley, Voted, That the Sergeant-at-Arms take such measures as may Negligence be necessary to protect the personal safety of ^ members of the ofspec Convention against the negligence of spectators in the gallery. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to provide for establishing the initiative and referendum (Doc. No. 359) was considered, the question being on ordering it to a second reading. Mr. Walker of Brookline moved that, unless a vote be sooner Limit of reached, debate be closed at three o'clock P.M. on Wednesday, debate - October 10, and that the member in charge of the measure then be allowed twenty minutes. 304 JOURNAL OF THE CONVENTION, After debate the question was put, and 99 members voted in the affirmative and 115 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker; and on the roll call 108 members voted in the affirmative, and 116 in the negative, as follows: - YEAS. Messrs. Adams, Smith J. Anderson, Frederick L. Anderson, George W. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Bergengren. Roy F. Bigney, Robert E. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brine, Henry C. Broderick, Patrick S. Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Daley, Peter Daly, John W. Day, Charles M. Dean, Robert A. Delaney, Louis F. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Glazier Frederick P. Good, John P. Green, Thomas H. Harding, Clarence W. Harriman, Arthur N. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Messrs. Adams, Brooks Adams, Charles Francis Bailey, Charles O. Messrs. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Leonard, Joseph J. Love, Joseph A. Lynch, John C. Maguire, James E. Mahoney, John J. Mancovitz, David Martin, Martin L. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connor, John D. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ross, Samuel Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Twomey, John C. Walker, Joseph Walsh, David I. Webster, Francis E. Whitehead, James Winslow, Guy M. NAYS. Messrs. Balch, Francis N. Bangs, Francis R. Barnes, Clarence A. FRIDAY, OCTOBER 5, 1917. 305 Messrs. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bennett, Frank P. Blackmur, Paul R. Bolster, Percy G. Bouv<, Walter L. Brackett, John Q. A. Brooks, George F. Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Coombs, Zelotes W. Costello, Francis M. Crafts, Lyman A. Craven, John H. Creed, James F. Crosby, J. Ho well Crossley, William Cyril Cummings, John W. Curtis, Charles P., Jr. Curtis, Edwin U. Curtiss, Elmer L. Cusick. John F. Dale, Ueorge H. Davis, Elbridge G. Davis, William R. Dellinger, Raymond P. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fraser, Eugene B. French, Asa P. Gates, Joseph S. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Messrs. Hall, Frederick S. Hamilton, Andrew Foster Hibbard, Charles E. Hutchings, Henry M. Jones, George R. Kelley, George W. Kelley, Thomas R. Kenefick, Thomas W. Knotts, J. Franklin Lane, Daniel W. Langelier, Louis F. R. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lyman, Frank E. Mansfield, John J. McAnarney, John W. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morrill, Charles H. Morton, James M. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Richardson, Edward A. Rieutprd, Louis O. Robbins, Edward J. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Stearns, Harry N. Sullivan, Edmund G. Sweet, Joseph L. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Turner, Joseph Washburn, Albert H. Waterman, George B. Webster, George P. Wellman, Arthur Holbrook Wheeler, William Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wonson, Carlton W. Wood, Charles J. 108 yeas; 116 nays. Therefore the motion of Mr. Walker was negatived. The same member then moved that the Convention adjourn: Adjournment. and this motion was adopted, by a vote of 129 to 33. Accordingly, at twenty minutes before one o'clock, the Con- vention adjourned, to meet on Tuesday next at half-past ten o'clock A.M. 306 JOURNAL OF THE CONVENTION, Reports of committees, extension of time. John W. Cummings. Henry T. Lummus. Ralph L. Theller. George W. Anderson. Adjournment Thursday to Tuesday. Quorum. TUESDAY, October 9, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Edward Marsh of Boston. Extension of Time for Certain Reports. On motion of Mr. Washburn of Middleborough, Ordered, That the committees on Amendment and Codification of the Constitution, State Administration, and State Administra- tion and the Executive (sitting jointly) be granted until Tuesday, October 16, in which to report on matters before them. Leave of Absence. On motion of Mr. Creed of Boston, Ordered, That Mr. Cummings of Fall River be granted leave of absence, under Rule 13, for the present week, because of the death of a relative. On motion of Mr. Creamer of Lynn, Ordered, That Mr. Lummus of Lynn be granted leave of ab- sence, under Rule 13, on account of illness. On motion of Mr. Harriman of New Bedford, Ordered, That Mr. Theller of New Bedford be granted leave of absence, under Rule 13, for the present wee"k, on account of the death of a relative. On motion of Mr. Powers of Newton, Voted, That Mr. Anderson of Brookline be granted leave of absence for two days, because of duties in connection with busi- ness for the national government. Adjournment Over October 12. On motion of Mr. Boucher of New Bedford, Voted, That, when the Convention adjourns on Thursday October 11, it adjourn to meet on Tuesday, October 16. Quorum. Mr. Collins of Amesbury asked for a count of the Convention, to ascertain if a quorum was present. A count showed that 121 members were present. The President requested the Sergeant- at-Arms to secure the attendance of a quorum. Placing of Resolutions on the Ballot. On the appearance of a quorum the following order, offered by Mr. Lowe of Fitchburg, the consideration of which was postponed from the last session, was considered: TUESDAY, OCTOBER 9, 1917. 307 Ordered, That the Secretary of the Convention be instructed to Absentee notify the Secretary of the Commonwealth that the [A] only JeSties resolutions [B] to be put upon the ballot at the coming state of life. election [C] will be the Resolution to provide for absentee voting, and the Resolution to authorize the enactment of laws gov- erning the acquirement, sale and -distribution of the necessities of life. After debate Mr. Pelletier of Boston moved that the order be Mr. Pelletier, amended by including the Resolution relative to the support of amendments - certain institutions from public funds. After further debate the same member moved that the fore- going amendment be amended by adding the Resolution relative to universities and colleges and to the encouragement of litera- ture. After further debate Mr. Walker of Brookline (Mr. Quincy Mr. Walker, of Boston being in the chair) moved that the order be amended amendments - by striking out, at "A", the word "only", and inserting in place thereof the word "following"; by striking out, at " B ", the word "to", and inserting in place thereof the word "will"; and by striking out, at " C ", the words "will be", and insert- ing in place thereof a colon. After further debate Mr. Delaney of Holyoke (Mr. Charles P. Curtis, Jr., of Boston being in the chair) moved the previous question; and this motion prevailed. The President having resumed the chair the amendments moved by Mr. Walker of Brookline were rejected, by a vote of 91 to 106. The amendment of the amendment moved by Mr. Pelletier was adopted, by a vote of 130 to 60. The amendment, as amended, was then adopted, by a vote of 131 to 71. The order, as amended, was then adopted, as follows: Ordered, That the Secretary of the Convention be instructed to notify the Secretary of the Commonwealth that the only reso- tiesofhfe; lutions to be put upon the ballot at the coming state election will be the Resolution to provide for absentee voting, the Resolu- tion to authorize the enactment of laws governing the acquire- ment, sale and distribution of the necessities of life, the Reso- lution relative to the support of certain institutions from public funds, and the Resolution relative to universities and colleges and to the encouragement of literature. At one o'clock, under the provisions of a standing order, the Recess. President declared a recess until two o'clock; at which hour the Convention reassembled. Mr. Washburn of Worcester doubted the presence of a quorum; Quorum. and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. Placing on the Ballot the Article of Amendment Relative to Ab- sentee Voting. Mr. Washburn of Middleborough, for the committee on Rules and Procedure and the committee on Amendment and Codifica- tion of the Constitution, sitting jointly, who were requested to 308 JOURNAL OF THE CONVENTION, report an order directing the manner in which the several pro- posals to amend the Constitution, duly passed by the Convention, shall be submitted to the people for their ratification and adop- tion at the regular state election to be held on November 6 next, reported, in part, recommending the adoption of the following order: Absentee Ordered, That the following Article of Amendment of the Constitution of the Commonwealth, which has been made and adopted by this Convention, and which shall be numbered one, shall be submitted to the people for their ratification and adoption, by printing the same upon the official ballots, to be prepared and transmitted by the Secretary of the Common- wealth to all polling places established by law within the Com- monwealth for the state election to be held on the sixth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: "To vote on the following, mark a Cross X in the square at the right of Yes or No : Shall the following Article of Amendment relative to absentee voting, submitted by the Constitutional Convention, be approved and ratified? 1 ARTICLE OF AMENDMENT. The general court shall have power to provide by law for voting by qualified voters of the common- wealth who, at the time of an election, are absent from the city or town of which they are inhabitants in the choice of any officer to be elected or upon any question submitted at such election." And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to the votes re- turned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and deposited in the secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. The report was read. The reading of the order was then dis- pensed with, on motion of Mr. Washburn; and it was placed in the Orders of the Day for the next session. TUESDAY, OCTOBER 9, 1917. 309 Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to provide for establishing the initiative and referendum (Doc. No. 359), being the unfinished business of the last session, was considered further, the question being on order- ing it to a second reading. Mr. Loring of Beverly moved that the resolution be amended by striking out lines 13 to 47, inclusive, and inserting in place thereof the following: "If a proposal for a specific amendment of the constitution is introduced into the general court by initiative petition signed by not less than twenty-five thousand qualified voters in the manner herein provided, or by recommendation of the governor by message, or if in case of a proposal for amendment otherwise introduced consideration thereof in joint session is called for by vote of either house, such proposal shall, not later than the second Wednesday in June, be laid before a joint session of the two houses, at which the president of the senate shall preside; and if the two houses fail to agree upon a time for holding any joint session hereby required, or fail to continue the same from time to time until final action has been taken upon all amend- ments pending, the governor shall call such joint session or continuance thereof. Final legislative action upon any amend- ment shall be taken only by call of the yeas and nays, which shall be entered upon the journals of the two houses; and an unfavorable vote at any legislative stage preceding final action shall be verified by call of the yeas and nays, to be entered in like manner. An amendment introduced by initiative petition shall be voted upon in the form in which it was introduced, pro- vided that such amendment may be amended in any manner not inconsistent with its general purpose by vote of three-quarters of the members voting thereon in joint session. An amendment introduced by recommendation of the governor shall be voted upon either in the form in which it was originally recommended or in such amended form as the governor may by message ap- prove or substitute. "An amendment introduced by initiative petition or by the governor shall be designated an initiative amendment, an/1 an amendment otherwise introduced shall be designated a legisla- tive amendment. At such joint session, if a legislative amend- ment shall be agreed to by a majority of all the members elected to the general court, or if an initiative amendment shall receive the affirmative votes of not less than one-quarter of all the members elected to the general court, in either case such amendment shall be deemed to be referred to the next general court. "If any legislative amendment shall again be agreed to by a majority of all the members elected to the next general court, voting in a joint session of the two houses to be held as afore- said, it shall then be submitted by the general court to the 310 JOURNAL OF THE CONVENTION, Limit of debate. Mr. Loring, amendment. Mr. Walker, amendments. people. If any initiative amendment shall again receive in the next general court the affirmative votes of at least one-quarter of all the members elected, such fact shall be certified by the clerk of such joint convention to the secretary of the common- wealth and he shall submit the amendment to the people at the next state election. Any amendment so submitted shall be adopted and become part of the constitution if approved in the case of a legislative amendment by a majority of the voters voting thereon, or if approved in the case of an initiative amend- ment by voters at least equal in number to thirty per cent, of the voters voting at such election and also by a majority of the voters voting on such amendment. "Article IX of the amendments to the constitution is hereby annulled." Mr. Bennett of Saugus moved that, unless a vote be sooner reached, debate be closed at three o'clock P.M. on Tuesday, October 16. After debate this motion was negatived, by a vote of 66 to 97. Mr. Quincy of Boston moved that the amendment moved by Mr. Loring of Beverly be debated and voted upon before the Convention proceeds to the consideration of other amendments; and this motion prevailed. After debate the amendment moved by Mr. Loring was adopted. Mr. Walker of Brookline moved that the resolution be amended as follows : By inserting after the word "law", in line 84, the words ", hereinafter designated as the measure,"; By striking out, in line 89, the word "He", and inserting in place thereof the words "The secretary of the common- wealth"; By striking out, in lines 90 and 91, the words "constitutional amendment or law", and inserting in place thereof the word "measure"; By striking out, in line 93, the words "for a law or an amend- ment to the constitution"; By striking out, in line 106, the words "constitutional amendment or law", and inserting in place thereof the word "measure"; By inserting after the word "division", in line 111, the words "or to particular districts or localities"; By striking out, in line 114, the words "final enactment", and inserting in place thereof the words "it has become a law"; By striking out, in line 134,- the words "its final enact- ment", and inserting in place thereof the words "it has be- come a law"; By inserting after the word "law", in line 139, in both places where it occurs, the words "or part thereof"; By inserting after the word "division", in line 181, the words "or to a particular district or locality"; and By striking out, in line 195, the words "cause each question", TUESDAY, OCTOBER 9, 1917. 311 and inserting in place thereof the words "give each question a number and cause it". After debate the amendments of lines 84, 89, 90 and 91, 93, 106, 111, 114 and 134 were severally adopted. Mr. Bryant of Milton then moved that the resolution be Mr. Bryant, amended as follows : amendments. By striking out, in line 8, the words "or any part thereof,"; By striking out, in lines 141, 146, 148, 149, 150 and 151, 169, 171, 172 and 174, the words "or part thereof"; and By striking out, in line 162, the words "or any part thereof". Mr. Crafts of Whately then moved that the Convention ad- Adjournment, journ; and this motion was adopted, by a vote of 106 to 33. Accordingly, at four o'clock, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. 312 JOURNAL OF THE CONVENTION, WEDNESDAY, October 10, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Francis E. Webster of Waltham, a member of the Convention. James T. Moriarty. Leave of Absence. On motion of Mr. Dennis D. Driscoll of Boston, Ordered, That Mr. Moriarty of Boston be granted leave of absence, under Rule 13, on account of illness. Superior Court, engagement of delegates of the Con- vention. Attendance of Delegates Equivalent to Court Engagements. A communication from John A. Aiken, Chief Justice of the Superior Court, stating that, at a meeting of the Justices of the Superior Court held October 6, it was "Voted that the Resolu- tion of the Constitutional Convention that the courts of the Commonwealth be respectfully requested to make the attendance of delegates of the Convention to be equivalent to a court en- gagement by such delegates be granted in such matters as the Superior Court has jurisdiction", was read; and the com- munication placed on file. Committee on Form and Phraseology Consideration of Amend- ments. On motion of Mr. Parkman of Boston, Ordered, That the committee on Rules and Procedure consider by committee and report some means or rule by which, after a resolution has been reported by the committee on Form and Phraseology and amendments have been adopted to such resolution, the same may again be considered by the committee on Form and Phraseology. Necessities of life, acquirement, sale and distribution. Quorum. Substitute resolution. Discharged from the Orders of the Day. Mr. Dennis D. Driscoll of Boston moved that the Resolution to authorize the enactment of laws governing the acquirement, sale and distribution of the necessities of life (Doc. No. 361) be discharged from the Orders of the Day, under Rule 39. Mr. Washburn of Worcester doubted the presence of a quorum. The President requested the Sergeant-at-Arms to secure the at- tendance of a quorum. On the appearance of a quorum the motion of Mr. Driscoll was adopted; and the resolution was read a third time. Mr. Loring of Beverly, for the committee on Form and Phrase- ology, reported recommending that the resolution be amended by the substitution of a Resolution to authorize the enactment of laws governing the acquirement, sale and distribution of the necessaries of life (Doc. No. 363). WEDNESDAY, OCTOBER 10, 1917. 313 Mr. Driscoll then moved that the further consideration of the resolution be specially assigned for two o'clock P.M. to-day; and this motion prevailed. On motion of Mr. Washburn of Middleborough the following order was discharged from the Orders of the Day, under Rule 39, and considered; and the order was adopted: Absentee Ordered, That the following Article of Amendment of the voting 66 Constitution of the Commonwealth, which has been made and adopted by this Convention, and which shall be numbered one, shall be submitted to the people for their ratification and adoption, by printing the same upon the official ballots, to be prepared and transmitted by the Secretary of the Common- wealth to all polling places established by law within the Com- monwealth for the state election to be held on the sixth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: "To vote on the following, mark a Cross X in the square at the right of Yes or No : Shall the following Article of Amendment relative to absentee voting, submitted by the Constitutional Convention, be approved and ratified? ARTICLE OF AMENDMENT. The general court shall have power to provide by law for voting by qualified voters of the common- wealth who, at the time of an election, are absent from the city or town of which they are inhabitants in the choice of any officer to be elected or upon any question submitted at such election." And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to the votes re- turned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and deposited in the secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. 314 JOURNAL OF THE CONVENTION, Initiative and referendum. Universities and colleges; encouragement of literature. Mr. Wellman, amendment. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to provide for establishing the initiative and referendum (Doc. No. 359, amended), being the unfinished busi- ness of the last session, was considered further, the main question being on ordering it to a second reading. On motion of Mr. Luce of Waltham the resolution was laid on the table. The Resolution relative to universities and colleges and to the encouragement of literature (Doc. No. 362) was read a second time and considered. Mr. Wellman of Topsfield moved that the resolution be amended by inserting before the article of amendment the fol- lowing: "Instead of Chapter V of Part the Second of the Consti- tution, the following modification and amendment thereof is substituted. CHAPTER V. THE UNIVERSITIES AND COLLEGES, AND THE ENCOURAGEMENT OF LITERATURE. Section 1. The Universities and Colleges. " Whereas our wise and pious ancestors, so early as the year one thousand six hundred and thirty-six, laid the foundation of Harvard College, and whereas at various later times to the present day by the generosity of benefactors and the encouragement of the general court other institutions of higher learning have been established in the commonwealth, in which universities and colleges many persons of great eminence have, by the blessing of God, been initiated in those arts and sciences, which qualified them for public em- ployments, both in church and state: and whereas the en- couragement of arts and sciences, and all good literature, tends to the honor of God, the advantage of all religion, and the great benefit of this and the other United States of America, it is declared, that the President and Fellows of Harvard College, in their corporate capacity, and the trustees and govern- ing bodies of all the universities, colleges and institutions of higher learning, their successors, their officers and servants, shall have, hold, use, exercise and enjoy, all the powers, authorities, rights, liberties, privileges, immunities and franchises, which they now have, or are entitled to have, hold, use, exercise and enjoy, save as otherwise and elsewhere provided and elsewhere prohibited in the constitution: and the same are hereby ratified and confirmed unto them forever. WEDNESDAY, OCTOBER 10, 1917. 315 Section 2. The Encouragement of Literature, etc. " Wisdom and knowledge, as well as virtue, diffused generally Mr. among the body of the people, being necessary for the preserva- ~ amendment. tion of their rights and liberties; and as these depend on spread- ing the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, it shall be the duty of legislature and magistrates, in all future periods of this commonwealth, to cherish the interests of literature and the sciences and all seminaries of them; especially the university at Cambridge, all other universities, colleges, and higher institutions of learning, public schools and common schools in the towns; to encourage private societies and public institutions, rewards and immunities, for the promotion of agri- culture, arts, sciences, commerce, trades, manufactures, and a natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and pri- vate charity, industry and frugality, honesty and punctuality in their dealings; sincerity, good humor, and all social affections, and generous sentiments, among the people. To this end the legislature shall, save as otherwise and elsewhere provided and elsewhere prohibited in the constitution, have power to make such provision by taxation or otherwise as will in conjunction with the local agencies and institutions above enumerated, insure a complete and efficient system of education which will afford to every one opportunity for full mental, physical, and moral de- velopment, and will aid and encourage all to become unselfish and loyal citizens. "No public money shall be appropriated under the above provisions to any school or institution not under public control." After debate Mr. Kenny of Boston moved that the foregoing Mr. Kenny, amendment be amended by striking out the last paragraph. amendment. Mr. Powers of Newton moved that the resolution be amended by adding at the end thereof the words "The legislature shall have power to pass laws promoting the sound development of the public school system of the state, and to raise money there- for by taxation. No public money, however, shall be appropria- ted under the above provision to any school or institution not under public control." After debate the previous question was ordered, on motion of Mr. White of North Brookfield. The amendment moved by Mr. Kenny was then rejected. The amendment moved by Mr. Wellman was rejected, by a vote of 41 to 138. The amendment moved by Mr. Powers was rejected, by a vote of 66 to 133. The resolution was then ordered to a third reading. Placing on the Ballot the Article of Amendment Relative to the Support of Certain Institutions from Public Funds. Mr. Washburn of Middleborough, for the committee on Rules and Procedure and the committee on Amendment and Codifica- 316 JOURNAL OF THE CONVENTION, tion of the Constitution, sitting jointly, who were requested to report an order directing the manner in which the several pro- posals to amend the Constitution, duly passed by the Convention, shall be submitted to the people for their ratification and adop- tion at the regular state election to be held on November 6 next, reported, in part, recommending the adoption of the following order: Public funds, Ordered, That the following Article of Amendment of the ofcertap Constitution of the Commonwealth, which has been made and institutions. adopted by this Convention, and which shall be numbered two, shall be submitted to the people for their ratification and adoption, by printing the same upon the official ballots, to be prepared and transmitted by the Secretary of the Common- wealth to all polling places established by law within the Com- monwealth for the state election to be held on the sixth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: "To vote on the following, mark a Cross X in the square at the right of Yes or No: - In 'place of Article 18 of the Articles of Amendment of the Constitution, shall the following Article of Amendment relative to appropriations for educational and benevolent purposes, sub- mitted by the Constitutional Convention, be approved and ratified? 2 ARTICLE OF AMENDMENT. ARTICLE XVIII. SECTION 1. No law shall be passed prohibiting the free exercise of religion. SECTION 2. All moneys raised by taxation in the towns and cities for the support of public schools, and all moneys which may be appropriated by the commonwealth for the support of common schools shall be applied to, and expended in, no other schools than those which are conducted according to law, under the order and superintendence of the authorities of the town or city in which the money is expended; and no grant, appropria- tion or use of public money or property or loan of public credit shall be made or authorized by the commonwealth or any political division thereof for the purpose of founding, main- taining or aiding any school or institution of learning, whether under public control or otherwise, wherein any denominational doctrine is inculcated, or any other school, or any college, infirmary, hospital, institution, or educational, charitable or religious undertaking which is not publicly owned and under the exclusive control, order and superintendence of public officers or public agents authorized by the commonwealth or federal authority or both, except that appropriations may be made for the maintenance and support of the Soldiers' Home in Massachusetts and for free public libraries in any city or town, and to carry out legal obligations, if any, already entered WEDNESDAY, OCTOBER 10, 1917. 317 into; and no such grant, appropriation or use of public money or property or loan of public credit shall be made or authorized for the purpose of founding, maintaining or aiding any church, religious denomination or society. SECTION 3. Nothing herein contained shall be construed to prevent the commonwealth, or any political division thereof, from paying to privately controlled hospitals, infirmaries, or in- stitutions for the deaf, dumb or blind not more than the ordinary and reasonable compensation for care or support actually ren- dered or furnished by such hospitals, infirmaries or institutions to such persons as may be in whole or in part unable to support or care for themselves. SECTION 4. Nothing herein contained shall be construed to deprive any inmate of a publicly controlled reformatory, penal or charitable institution of the opportunity of religious exercises therein of his own faith; but no inmate of such institution shall be compelled to attend religious services or receive religious in- struction against his will, or, if a minor, without the consent of his parent or guardian. SECTION 5. This amendment shall not take effect until the October first next succeeding its ratification and adoption by the people." And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to the votes re- turned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and deposited in the secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. The report and the order were read. Pending the question on the adoption of the order Mr. Creed of Boston moved that the Convention take a recess until two o'clock; and this motion pre- vailed. Accordingly, at three minutes before one o'clock, a recess was Recess, taken until two o'clock; at which hour the Convention re- assembled. Mr. Washburn of Middleborough doubted the presence of a Quorum, quorum; and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. 318 JOURNAL OF THE CONVENTION, Necessities of life, acquirement, sale and distribution. Mr. Pillsbury, amendment. Mr. E. W. Clark, amendment. Mr. Cusick, - amendment. Mr. Carr, - amendment. Mr. Dutch, amendment. Mr. Luce, amendment. Mr. Lowe, amendment. Special Assignment. On the appearance of a quorum the special assignment was considered, being the Resolution to authorize the enactment of laws governing the acquirement, sale and distribution of the necessities of life (Doc. No. 361), the main question being on passing it to be engrossed. Mr. Pillsbury of Wellesley moved that the amendment pre- viously recommended by the committee on Form and Phraseology (Doc. No. 363) be amended by striking out the article of amendment, and inserting in place thereof the following: - "The maintenance and distribution at reasonable rates, during time of war, public exigency, emergency or distress, of a sufficient supply of food for man and animals, fuel and ice, and the pro- viding of shelter, are public functions, and the commonwealth and the cities and towns therein may, under such conditions, take and provide the same for their inhabitants in such manner as the general court shall determine." Mr. Clark of Brockton moved that the amendment recom- mended by the committee on Form and Phraseology be amended by adding at the end thereof the words "The legislature may, during times of war, emergency, distress or public exigency, pro- vide for control and regulation of the distribution, storage and sale of food and other common necessaries of life." Mr. Cusick of Boston moved that the amendment recom- mended by the committee on Form and Phraseology be amended by striking out the article of amendment, and inserting in place thereof the following: "During times of war, public emergency or public distress the commonwealth and the cities and towns therein shall have power to take by right of eminent domain or purchase, and to sell and distribute food and the common necessaries of life and provide shelter for their inhabitants in such manner as the general court shall determine." Mr. Carr of Hopkinton moved that the amendment recom- mended by the committee on Form and Phraseology be amended by striking out, in lines 4 and 5, the words ", during time of war, public exigency, emergency or distress,". Mr. Dutch of Winchester moved that the amendment rec- ommended by the committee on Form and Phraseology be amended by striking out, in line 4, the word "exigency,". Mr. Luce of Waltham moved that the amendment recom- mended by the committee on Form and Phraseology be amended by striking out the article of amendment, and inserting in place thereof the following: "The general court may determine what is a public use." Mr. Lowe of Fitchburg moved that the amendment recom- mended by the committee on Form and Phraseology be amended by inserting in line 3, after the word "maintenance", the word ", production". -WEDNESDAY, OCTOBER 10, 1917. 319 Mr. Willett of Norwood moved that the amendment recom- Mr. wniett, mended by the committee on Form and Phraseology be amended amendment - by inserting in line 3, at the beginning of the article of amend- ment, the words "The material welfare of the people depends upon the encouragement of individual initiative in developing the economic resources of the commonwealth and upon fostering the industries and enterprises of the people." After further debate Mr. Sawyer of Ware moved the previous Previous question. question - Pending the question on the motion of Mr. Sawyer the follow- ing amendments were received, there being no objection: Mr. O'Connell of Boston moved that the amendment recom- Mr. O'Conneii, mended by the committee on Form and Phraseology be amended ~ * d * ia - as follows: By inserting in line 5, after the word " distress ", the words ", to be determined by the legislature"; and By striking out, in lines 6 and 7, the words "are public func- tions", and inserting in place thereof the words "may be con- sidered to be public functions when so determined by the legis- lature". Mr. McLaud of Greenfield moved that the amendment rec- Mr. McLaud, ommended by the committee on Form and Phraseology be ~~ amendments - amended as follows : By striking out, in line 3, the words "at reasonable rates"; and By inserting in line 8, after the word "take", the words ", paying reasonable compensation therefor,". Mr. Blackmur of Quincy moved that the amendment rec- Mr. Biackmur, ommended by the committee on Form and Phraseology be ~~ amendment - amended by inserting in line 3, after the word "maintenance", the word ", preservation". Mr. Balch of Boston moved that the amendment recommended by the committee on Form and Phraseology be amended as follows : By striking out, in line 4, the comma after the word "war", and inserting in place thereof the word "or"; By striking out, in the same line, the word "exigency,"; By striking out, in lines 4 and 5, the words "or distress"; and By adding at the end thereof the words ", during such time as the general court may adjudge that war or public emergency exists". Mr. French of Randolph then moved that the Convention Adjournment. adjourn; and this motion was adopted, by a vote of 108 to 53. Accordingly, at two minutes after four o'clock, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. 320 . JOURNAL OF THE CONVENTION, Referendum on discharging the Conven- tion. Reports of the committee on Form and Phraseology, details. Submission of amendments at a special election. Quorum. THURSDAY, October 11, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Earl M. Wilbur, D.D., President of the Pacific Unitarian School for the Ministry, Berkeley, Cailfornia. Discharge of the Convention Referendum. Mr. George of Haverhill moved that the Secretary of the Commonwealth be directed to place on the ballot at the coming state election, Tuesday, November 6, the following question: "Shall the Constitutional Convention be discharged from the further consideration of amending the Constitution?" On further motion of the same member the consideration of the motion was postponed until Tuesday next, first in the Orders of the Day. Committee on Form and Phraseology Form of Reports. The consideration of the following order, offered by Mr. Wash- burn of Middleborough, was postponed until the next session, at the request of that member: Ordered, That the committee on Form and Phraseology be re- quested, in reporting upon proposals to amend the Constitution referred to it, to report in detail any and all alterations in punc- tuation and phraseology which have to do only with the question of form; and, further, to report separately and in detail any and all amendments making any change in the sense or legal effect or any material change in the construction of such proposals. Submission of Amendments at a Special Election. Mr. Brackett of Arlington offered the following order: - Ordered, That all proposals to amend the Constitution which the Convention has voted or may hereafter, prior to January 1, 1918, vote to submit to the people be submitted at a special election to be held in April, 1918. The same member moved that the order be referred to the committee on Rules and Procedure. Mr. Collins of Amesbury doubted the presence of a quorum, and moved that the roll be called to ascertain if a quorum was present. This motion was negatived. A count of the Convention then showed that 151 members were present. The President requested the Sergeant-at-Arms to secure the attendance of a quorum. On the appearance of a quorum the motion of Mr. Brackett was adopted; and accordingly the order was referred to said com- mittee. THURSDAY, OCTOBER 11, 1917. 321 Information for the Voters. Mr. Garland of Somerville, for the committee on Amendment and Codification of the Constitution, who were directed, by an order offered by Mr. Garland and adopted on June 20, to con- sider the advisability of causing to be prepared, printed and mailed to the voters of the Commonwealth before the state election information relative to proposed amendments to, and codification of, the Constitution, reported, in part, that it is in- expedient to take any such action with respect to the amend- ments which are to be placed on the ballot for the state election in the present year. The report was read; and after debate it was accepted. Orders of the Day. The Contention then proceeded to the consideration of the Orders of the Day. The Resolution to authorize the enactment of laws governing Necessities the acquirement, sale and distribution of the necessities of life acqufrement, (Doc. No. 361), being the unfinished business of the last session, 5* 1 !*""*. j j j.i- i- * distribution. was considered lurtner, the mam question being on passing it to be engrossed. After debate the pending motion for the previous question was negatived, by a vote of 73 to 100. After further debate Mr. Sawyer of Ware moved that the Postponement. further consideration of the resolution be postponed until after the disposition of the succeeding matter in the Orders of the Day. After debate the question was put on the motion of Mr. Sawyer, and 101 members voted in the affirmative and 64 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Thompson of Haverhill; and on the roll call 147 members voted in the affirmative and 82 in the negative, as follows : YEAS. Messrs. Adams, Brooks Adams, Scott Anderson, Frederick L. Anderson, George W. Avery, Nathan P. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barnes, George L. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates, Sanford Begley, John S. Besse, Harold A. Bicknell, Wallace H. Bodfish, John D. W. Bolster, Percy G. Bouve", Walter L. Bowen, Patrick Messrs. Boyer, Elmer E. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Bruce, Charles Buck, Maurice A. Bullock, William J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Clapp, Robert P. Clark, Ezra W. Coleman, George W. Coughlan, William J. Creamer, Walter H. Crosby, J. Howell Crossley, William Cyril Curtis, Edwin U. 322 JOURNAL OF THE CONVENTION, Messrs. Curtiss, Elmer L. Cusick, John F. Daley, Peter Daly, John W. Davis, Elbridge G. Davis, William R. Day, Charles M. Dean, Robert A. Derbyshire, James H. Doe, Orestes T. Donovan, Daniel R. Donovan, Thomas F. Dresser, Frank F. Driscoll, Dennis D. Driscoll, Timothy J. Ferrey, Irving D. Fisher, Edward Flaherty, William Fraser, Eugene B. French, Asa P. Garland, Francis P. Gartland, John J. Gates, Joseph S. Gaylord, Henry E. Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Green, Thomas H. Greenwood, Hamlet S. Hale, Edward R. Hale, Matthew Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Kilbon, John L. Kinney, William S. Lane, Daniel W. Langelier, Louis F. R. Lomasney, Martin M. Loring, Augustus P. Luce, Robert Lufkin, Willfred W. Lyman, Frank E. Lynch, John C. Maguire, James E. Mahoney, John J. Mancovitz, David McCormack, John W. Messrs. Aylward, James F. Bailey, Charles O. Bennett, Frank P. Bigney, Robert E. Blackmur, Paul R. Boucher, Joseph Zoel Brackett, John Q. A. Brooks, George F. Brown, E. Gerry Brown, Samuel F. Bryant, Lincoln Burns, William A. Messrs. McLaud, Abner S. Merriam, John M. Merrill, George Frye Michelman, Joseph Montague, David T. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Parker, Herbert Parkman, Henry Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Richardson, Edward A. Richardson, James P. Rieutprd, Louis O. Robbins, Edward J. Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John M. Sheehan, Christopher A. Sherburne, Nelson Smith, Jerome S. Sparrell, Ernest H. Stoeber, Charles Sullivan, William J. Sweeney, Edward A. Sweet, Joseph L. Walcott, Robert Walker, Joseph Washburn, Albert H. Washburn, Charles G. Webster, Francis E. Webster, George P. Weekes, George LeRoy Whitehead, James Willett, George Franklin Wilson, William H. Wing, Herbert Wonson, Carlton W. Wood, Charles J. NAYS. Messrs. Buttrick, Allan G. Churchill, George B. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collins, Samuel I. Cook, Rufus H. Coombs, Zelotes W. Costello, Francis M. Crafts, Lyman A. Craven, John H. Creed, James F. THURSDAY, OCTOBER 11, 1917. 323 Messrs. Dale, George H. Messrs. Love, Joseph A. Delaney, Louis F. Lowe, Arthur H. Delano, Robert T. Lowell, James A. Dellinger, Raymond P. MacMaster, Edward A. Donoghue, John A. Mansfield, John J. Farnsworth, Frank S. McAnarney, John W. Feiker, William H. Moran, William Ferry, James R. Morton, James M. Finn, E. Philip Pillsbury, Albert E. Fitz-Randolph, Reginald T. Putnam, Harry B. Foss, George H. Ray, Herbert L. Frost, Archie N. Ross, Samuel George, Samuel W. Saunders, Amos T. Giddings, Charles Shattuck, Josiah B. Granfield, William J. Shea, John T. Hall, Elisha S. Sullivan, Edmund G. Harding, Clarence W. Tatman, Charles T. Harriman, Arthur N. Thompson, Hubert C. Harrington, Patrick H. Thompson, John L. Hibbard, Charles E. Tilton, Rufus H. Horgan, Francis J. Turner, Joseph Jones, George R. Underbill, Charles L. Kelley, George W. Walker, George Kelley, Thomas R. Wellman, Arthur Holbrook Kelly, Luke L. White, John A. Kenefick, Thomas W. Whittier, Eugene P. Leboeuf, Telesphore Williams, Fred Homer Leonard, Joseph J. Winslow, Guy M. Look, William J. Youngman, William S. 147 yeas; 82 nays. Therefore the motion for postponement was adopted. The following order was then considered : Ordered, That the following Article of Amendment of the Con- Public funds, stitution of the Commonwealth, which has been made and app r p ri a tions - adopted by this Convention, and which shall be numbered two, shall be submitted to the people for their ratification and adop- tion, by printing the same upon the official ballots, to be prepared and transmitted by the Secretary of the Commonwealth to all polling places established by law within the Commonwealth for the state election to be held on the sixth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: "To vote on the following, mark a Cross X in the square at the right of Yes or No : In place of Article 18 of the Articles of Amendment of the Constitution, shall the following Article of Amendment relative to appropriations for educational and benevolent purposes, sub- mitted by the Constitutional Convention, be approved and ratified? 2 ARTICLE OF AMENDMENT. ARTICLE XVIII. SECTION 1. No law shall be passed prohibiting the free exercise of religion. SECTION 2. All moneys raised by taxation in the towns and cities for the support of public schools, and all moneys which 324 JOURNAL OF THE CONVENTION, may be appropriated by the Commonwealth for the support of common schools shall be applied to, and expended in, no other schools than those which are conducted according to law, under the order and superintendence of the authorities of the town or city in which the money is expended; and no grant, appropria- tion or use of public money or property or loan of public credit shall be made or authorized by the Commonwealth or any polit- ical division thereof for the purpose of founding, maintaining or aiding any school or institution of learning, whether under public control or otherwise, wherein any denominational doctrine is inculcated, or any other school, or any college, infirmary, hos- pital, institution, or educational, charitable or religious under- taking which is not publicly owned and under the exclusive control, order and superintendence of public officers or public agents authorized by the commonwealth or federal authority or both, except that appropriations may be made for the main- tenance and support of the Soldiers' Home in Massachusetts and for ; free public libraries in any city or town, and to carry out legal obligations, if any, already entered into; and no such grant, appropriation or use of public money or property or loan of public credit shall be made or authorized for the purpose of founding, maintaining or aiding any church, religious denomina- tion or society. SECTION 3. Nothing herein contained shall be construed to prevent the Commonwealth, or any political division thereof, from paying to privately controlled hospitals, infirmaries, or institutions for the deaf, dumb or blind not more than the ordi- nary and reasonable compensation for care or support actually rendered or furnished by such hospitals, infirmaries or institu- tions to such persons as may be in whole or in part unable to support or care for themselves. SECTION 4. Nothing herein contained shall be construed to deprive any inmate of a publicly controlled reformatory, penal or charitable institution of the opportunity of religious exercises therein of his own faith; but no inmate of such institution shall be compelled to attend religious services or receive religious in- struction against his will, or, if a minor, without the consent of his parent or guardian. SECTION 5. This amendment shall not take effect until the October first next succeeding its ratification and adoption by the people." And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to the votes re- turned, examined and tabulated, as herein provided, it .shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and deposited in the THURSDAY, OCTOBER 11, 1917. 325 secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. Mr. Anderson of Newton moved that, unless a vote be sooner Closing of reached, debate be closed at 12.45 o'clock, and that speeches be debate> limited to five minutes each. After debate this motion was adopted, by a vote of 138 to 33. Mr. Washburn of Worcester moved that the order be amended by striking out the paragraph preceding the article of amend- ment, and inserting in place thereof the following: "In place of Article 18 of the Articles of Amendment of the Constitution shall the following Article of Amendment, forbid- ding appropriations for denominational and other educational and benevolent purposes, submitted by the Constitutional Conven- tion, be approved and ratified?" Mr. Clapp of Lexington moved that the amendment moved Mr - ciapp, by Mr. Washburn be amended by striking out the words " de- al nominational and other educational and benevolent purposes", and inserting in place thereof the words "privately controlled educational and other institutions". After debate Mr. Bartlett of Newburyport moved that the Mr. Bartlett, order be amended by inserting in the paragraph preceding the amendment - article of amendment, after the word "Convention", the words "being the so-called Anti-Aid and Anti-Sectarian Amendment". Mr. Costello of Boston moved that the order be amended by Mr. Costello, transposing the square containing the words "Yes" and "No" amendment - and spaces for voting from the place where it now appears, op- posite section 1 of the article of amendment, to a place at the end of section 5 of the article of amendment. After further debate Mr. Brown of Brockton moved that the vote be reconsidered by which the Convention voted to close debate at 12.45 o'clock; and this motion was negatived. Mr. Bates of Boston moved that the amendment moved by Mr. Bates, Mr. Bartlett be amended by striking out the words "and Anti- amendment - Sectarian". Mr. Edwin U. Curtis of Boston moved that the amendment Mr. Curtis, moved by Mr. Costello be amended by striking out the words amendment - "at the end of section 5 of the article of amendment", and in- serting in place thereof the words "opposite the paragraph next preceding". Mr. Anderson of Newton moved that the order be amended by Mr. Anderson, striking out the paragraph preceding the article of amendment, ~~ amendment - and inserting in place thereof the following: " Shall the following Article of Amendment, preventing the use of public funds for any but publicly controlled schools and in- stitutions, submitted by the Constitutional Convention, be ap- proved and ratified?" The time for debate having expired, the amendments moved Amendments by Messrs. Bates and Bartlett were rejected. 326 JOURNAL OF THE CONVENTION, Amendments adopted. Recess. Quorum. Motion to reconsider. Amendments The amendment moved by Mr. Clapp was rejected, by a vote of 70 to 104. The amendment moved by Mr. Washburn was rejected, by a vote of 53 to 156. The amendment moved by Mr. Anderson was rejected, by a vote of 67 to 114. The amendment moved by Mr. Curtis was adopted; and the amendment moved by Mr. Costello, as amended, was adopted. Mr. Aylward of Cambridge then moved that the Convention adjourn; and this motion was negatived. Mr. McAnarney of Quincy moved that the Convention take a recess until two o'clock; and this motion was negatived. The order, as amended, was then adopted. At one o'clock, under the provisions of a standing order, the President declared a recess until two o'clock; at which hour the Convention reassembled. The Secretary announced the temporary absence of the Pres- ident, and stated that Mr. Luce of Waltham had been appointed to perform the duties of the Chair. Mr. Hobbs of Worcester doubted the presence of a quorum, and moved that the Sergeant-at-Arms be instructed to secure the attendance of a quorum; and this motion prevailed. On the appearance of a quorum Mr. Mansfield of Boston gave notice that, on Tuesday next, he would move to reconsider the vote by which the Convention adopted the foregoing order. Thereupon Mr. Mancovitz of Boston moved that the vote be reconsidered by which said order was adopted; and this motion, under the rule, was placed first in the Orders of the Day for the next session. The same member moved that Rule 48 be suspended, that the motion to reconsider might be entertained forthwith. Objection was made. Mr. Pelletier of Boston moved that, when the Convention ad- journs to-day, it adjourn to meet on Saturday next at half-past ten o'clock A.M. Mr. Edwin U. Curtis of Boston moved that, if the Convention is in session at four o'clock P.M. to-day, the President declare an adjournment until 4.15 o'clock, and that the subsequent session be considered a legislative day. After debate the same member moved the previous question. Mr. Brackett of Arlington raised the point of order that the motion for an additional legislative day could not properly be entertained, being a violation of Rule 48. The Chair (Mr. Luce of Waltham) stated that legislative prec- edents in the matter of establishing legislative days should pre- vail, and declared the point of order not well taken. The previous question was then ordered, and the motion of Mr. Curtis was adopted. The Resolution to authorize the enactment of laws governing ment, sale 'and the acquirement, sale and distribution of the necessities of life distribution. (DQC NQ 361) wag then considered further. Adjournment until 4.15 o'clock. Point of order. Necessities of life, acquire- THURSDAY, OCTOBER 11, 1917. 327 Mr. Hobbs of Worcester moved that the resolution be amended by striking out the article of amendment, and inserting in place thereof the following: "SECTION 1. Whenever the public exigencies require, pro- vision may be made by law to authorize the commonwealth to contract for or to take by purchase or otherwise foodstuffs, feeds, fuel, ice and other necessaries of life, paying reasonable compensation therefor, and to sell the same to the inhabitants thereof and to any county, city, town or other municipal cor- poration therein for resale to the inhabitants thereof, also to provide temporary shelter. The governor, with the approval of the council, if the legislature is not in session, may, until otherwise provided by law, exercise the powers hereby granted. SECTION 2. Provision may be made by law to authorize mu- nicipalities to harvest, to manufacture and to sell ice; and to provide for the establishment, maintenance and operation by the commonwealth and by cities and towns of markets, docks, fuel and coal yards, elevators, warehouses, canneries, slaughter houses, cold storage plants and other like means for collecting and converting, preserving, storing, selling and distributing the necessaries of life. The use of uniform methods of accounting throughout the commonwealth shall be provided for by law for any undertakings under the authority of this section." After debate Mr. Hobbs doubted the presence of a quorum. Quorum. A count of the Convention showed that 107 members were present. On motion of the same member the Sergeant-at-Arms was instructed to secure the attendance of a quorum. Mr. Quinn of Sharon then moved that the roll be called, to as- certain if a quorum was present; and this motion was negatived, by a vote of 42 to 79. Mr. Saunders of Clinton moved that the Convention adjourn; and this motion was negatived. On the appearance of a quorum (the President having taken the chair) Mr. Dutch of Winchester moved the previous ques- tion. After further debate Mr. Clark of Brockton, there being no Mr. ciark, objection, modified the amendment previously moved by him amendment - so as to read as follows: That the amendment recommended by the committee on Form and Phraseology be amended by adding at the end thereof the words "The legislature may, during times of war, emergency, distress or public exigency, provide* for control and regulation of the distribution, storage and sale of food and other common necessaries of life. The legislature shall have the sole and full power to determine when a state of war and emer- gency, a condition of distress or exigency, as contemplated in this article of amendment, exists." After further debate the previous question was ordered, by a previous VOte Of 112 tO 53. question. The amendments previously moved by Messrs. Willett of Norwood, Lowe of Fitchburg and Blackmur of Quincy were severally rejected. The amendment previously moved by Mr. Dutch of Winches- ter was rejected, by a vote of 83 to 104. JOURNAL OF THE CONVENTION, The amendment previously moved by Mr. Carr of Hopkinton was withdrawn by him, there being no objection. The amendments previously moved by Mr. Balch of Boston were rejected. The amendments previously moved by Mr. O'Connell of Bos- ton were rejected, by a vote of 63 to 98. The amendments previously moved by Mr. McLaud of Green- field, the amendment moved by Mr. Clark of Brockton, and the amendments previously moved by Messrs. Pillsbury of Wellesley, Cusick of Boston and Luce of Waltham were severally rejected. The question was put on the amendment moved by Mr. Hobbs of Worcester, and 81 members voted in the affirmative and 108 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Anderson of Brookline; and on the roll call 92 members voted in the affirmative and 132 in the negative, as follows : YEAS. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bigney, Robert E. Blackmur, Paul R. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Boyer, Elmer E. Boynton, Thomas J. Brackett, John Q. A. Brine, Henry C. Brown, E. Gerry Butler, A. Webster CaUahan, Timothy F. Carr, Edward Clark, Ezra W. Coleman, George W. Coughlan, William J. Creamer, Walter H. Daly, John W. Dean, Robert A. Delaney, Louis F. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Driscoll, Dennis D. Driscoll, Timothy J. Fitz-Randolph, Reginald T. Frost, Archie N. Good, John P. Hale, Edward R. Hale, Matthew Hall, Isaac Freeman Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Messrs. Hart, Albert Bushnell Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Johnson, Charles R. Kelley, Thomas R. Kenny, Herbert A. Lane, Dwight F. Leonard, Joseph J. Love, Joseph A. Luce, Robert Lynch, John C. McCormack, John W. McLaud, Abner S. Merrill, George Frye Moran, William Merrill, Charles H. Moynihan, James J. Myron, John F. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Ross, Samuel Sawyer, Roland D. Shaw, Michael F. Shea, John T. Sherburne, Nelson Skerrett, Mark N. Stoeber, Charles Sullivan, William J. Swig, Louis Talbot, Harry R. Turner, Joseph Twomey, John C. Walker, George Walker, Joseph THURSDAY, OCTOBER 11, 1917. 329 Messrs. Walsh, David I. Webster, George P. Whitehead, James Messrs. Adams, Charles Francis Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barnes, George L. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Bergengren, Roy F. Besse, Harold A. Bicknell, Wallace H. Bolster, Percy G. Bos worth. Henry H. Bouve", Walter L. Brennan, James H. Broderick, Patrick S. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Bullock, William J. Burrell, Fred J. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collins, Samuel I. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Crafts, Lyman A. Crossley, William Cyril Curtis, Edwin U. Cusick, John F. Dale, George H. Daley, Peter Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Doran, James P. Dresser, Frank F. Dutch, Charles Frederick Ferrey, Irving D. Ferry, James R. Finn, E. Philip Fisher, Edward Flaherty, William Flynn, Maurice R. Fraser, Eugene B. , French, Asa P. Garland, Francis P. Gartland, John J. Messrs. Willett, George Franklin Winslow, Guy M. Wonson, Carlton W. NAYS. Messrs. Gates, Joseph S. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Granfield, William J. Green, Thomas H. Greenwood, Hamlet S. Hall, Elisha S. Hall, Frederick S. Hawley, Truman R. Hibbard, Charles E. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kerr, Alexander Lane, Daniel W. Leboeuf, Telesphore Lomasney, Martin M. Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Lufkin, Willfred W. Lyman, Frank E. Maguire, James E. Mahoney, John J. Mancovitz, David McAnarney, John W. Merriam, John M. Michelman, Joseph Mitchell, John Montague, David T. Morton, James M. Murley, Joseph J. Nestor, Patrick F. Newhall, Arthur N. Nutting, Edward H. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Richardson, Edward A. Richardson, James P. Rieutprd, Louis O. Robbins, Edward J. Saunders, Amos T. Scigliano, Alfred P. Shanahan, William J. Shattuck, Josiah B. Shea, John M. Sheehan, Christopher A. Smith, Jerome S. Sparrell, Ernest H. Sullivan, Edmund G. Sullivan, William H. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. 330 JOURNAL OF THE CONVENTION, Substitute resolution. Messrs. Underbill, Charles L. Messrs. Whittier, Eugene P. Walcott, Robert Williams, Fred Homer Washburn, Albert H. Wilson, William H. Wellman, Arthur Holbrook Wing, Herbert White, John A. Wood, Charles J. 92 yeas; 132 nays. Therefore the amendment of Mr. Hobbs was also rejected. The amendment previously recommended by the committee on Form and Phraseology (see Doc. No. 363) was then adopted, by a vote of 138 to 47. The resolution, as thus amended, was then passed to be en- grossed. At twenty-seven minutes after four o'clock the President de- clared the Convention adjourned, to meet again at once, as pro- vided in a foregoing motion. Committee Necessaries of life, acquirement, sale and distribution. Herbert E. Cummings, expression of sympathy. George W. Coleman. Joseph L. Sweet. SECOND SESSION. Met according to adjournment. Committees Authorized to Sit. Mr. Luce of Waltham moved that Rule 30 be suspended, that the committee on Rules and Procedure and the committee on Amendment and Codification of the Constitution, sitting jointly, might meet immediately; and this motion prevailed. Motion to Reconsider. Mr. Lomasney of Boston moved that the vote be reconsidered by which the Convention, at the previous session, passed to be engrossed the Resolution to authorize the enactment of laws governing the acquirement, sale and distribution of the necessa- ries of life (Dec. No. 363); and this motion was negatived. Expression of Sympathy to Delegate Herbert E. Cummings. The following resolution, presented by Mr. Hale of Boston, was unanimously adopted : - Resolved, That the Convention hereby extends its sympathy to Delegate Herbert E. Cummings of North Brookfield in his con- tinued illness, and expresses the hope that he will be able again to attend the sessions of this body. Leave of Absence. On motion of Mr. Dean of Fall River, Ordered, That Mr. Coleman of Boston be granted leave of absence, under Rule 13, for one week beginning October 15, to fulfill engagements in the West in connection with war work. On motion of Mr. Sweeney of Attleboro, Ordered, That Mr. Sweet of Attleboro be granted leave of absence, under Rule 13, from October 16 to October 19, in- clusive, on account of important duties as a trustee. THURSDAY, OCTOBER 11, 1917. 331 On motion of Mr. Skerrett of Worcester, Ordered, That Mr. Larson of Worcester be granted leave of absence, under Rule 13, for two weeks, on account of important business engagements. Committee on Form and Phraseology Form of Reports. The order offered at the previous session by Mr. Washburn of Middleborough, requesting the committee on Form and Phrase- Form and ology to report in detail upon proposals to amend the Constitu- ^etaib. 55 '' tion referred to it, the consideration of which was postponed from the last session, was considered. On motion of Mr. Washburn the further consideration of the order was postponed until Tuesday next. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The motion of Mr. Mancovitz of Boston, that the vote be re- Public funds, considered by which the Convention, at the preceding session, ti" ns pr pna " adopted the order relative to the form in which the Resolution rela- tive to the support of certain institutions from public funds should be placed on the ballot at the coming state election, was negatived. The Resolution relative to universities and colleges and to the Universities encouragement of literature (Doc. No. 362) was read a third S^SlJSSSnt time and considered. of literature. Mr. Loring of Beverly, for the committee on Form and Phrase- Committee on ology, reported recommending that the resolution be amended pjSjyjJoey by striking out the article of amendment, and inserting in place amendment.' thereof the following: " The general court shall continue to have the power to exempt from taxation property used for charitable, benevolent, literary, educational, scientific or religious purposes." After debate the amendment was rejected; and the Conven- tion then refused to pass the resolution to be engrossed. Recess. At twelve minutes before five o'clock, on motign of Mr. Luce Recess, of Waltham, a recess was taken until half-past five o'clock; at which hour the Convention reassembled. Engrossed Resolution. The engrossed Resolution to authorize the enactment of laws Necessaries governing the acquirement, sale and distribution of the necessa- acquirement ries of life (see Doc. No. 363) was laid before the Convention, the s ,aieand i i .... ,1 ,! distribution. question being on submitting the same to the people. Mr. Dresser of Worcester moved that Rule 53 be^uspended, that Rule 53 the resolution might be amended; and this motion prevailed. suspended. The same member moved that the resolution be amended as Mr. Dresser, follows : amendments. By striking out, in line 7 (as printed), the words "it shall be the duty of"; JOURNAL OF THE CONVENTION, Mr. Dresser, amendments. By striking out, in line 8, the word "of"; and By striking out, in the same line, the word "to", in both places where it occurs, and inserting in place thereof, in each in- stance, the word "may". After debate the amendments were adopted, by a vote of 104 to 28. After further debate the Convention voted to submit the resolution, as amended, to the people. Placing on the Ballot the Article of Amendment Relative to the Necessaries of Life. Mr. Washburn of Middleborough, for the committee on Rules and Procedure and the committee on Amendment and Codifica- tion of the Constitution, sitting jointly, who were requested to report an order directing the manner in which the several pro- posals to amend the Constitution, duly passed by the Conven- tion, shall be submitted to the people for their ratification and adoption at the regular state election to be held on November 6 next, reported, in part, recommending the adoption of the following order: Ordered, That the following Article of Amendment of the Constitution of the Commonwealth, which has been made and adopted by this Convention, and which shall be numbered three, shall be submitted to the people for their ratification and adop- tion, by printing the same upon the official ballots, to be pre- pared and transmitted by the Secretary of the Commonwealth to all polling places established by law within the Common- wealth for the state election to be held on the sixth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: "To vote on the following, mark a Cross X in the square at the right of Yes or No : Shall the following Article of Amendment rela- tive to the taking and distribution by the Common- wealth and its municipalities of the common neces- saries of life/ submitted by the Constitutional Convention, be approved and ratified? ARTICLE OF AMENDMENT. The maintenance and distribution at reasonable rates, during time of war, public exigency, emergency or distress, of a suffi- cient supply of food and other common necessaries of life and the providing of shelter, are public functions, and the Common- wealth and the cities and towns therein may take and may provide the safne for their inhabitants in such manner as the general court shall determine. And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as YES. NO. THURSDAY, OCTOBER 11, 1917. 333 amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to the votes re- turned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and deposited in the secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. The report and the order were read. The order was consid- ered forthwith, and was adopted. Sense of the Convention on the Resolution Relative to the Necessaries of Life. Mr. Balch of Boston presented the following resolution: Resolved, That it is the sense of this Convention that the Necessaries article of amendment authorizing the enactment of laws govern- acquirement, ing the acquirement, sale and distribution of the necessaries of S* 1 * 1 .. ,., e ^ i i < i i distribution. lire, was intended tor emergency use only, to wit, in abnormal times or circumstances; and that it was intended the Legis- lature should be the sole judge of the existence of such times or circumstances. After debate Mr. Lomasney of Boston moved that the resolu- tion be laid upon the table; and this motion prevailed. At two minutes before six o'clock, on motion of Mr. Wash- burn of Middleborough, the Convention adjourned, to meet on Tuesday next at half-past ten o'clock A.M. 334 JOURNAL OF THE CONVENTION, TUESDAY, October 16, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Francis E. Webster of Waltham, a member of the Convention. Charles S. Bird, Jr. Committee Vacancy Filled. The President announced the appointment of Mr. Bird of Walpole to fill the vacancy in the membership of the committee on Contingent Expenses and Pay-Roll. Reports of committees, extension of time. Extension of Time for Certain Reports. On motion of Mr. Doran of New Bedford, Ordered, That the committees on Amendment and Codification of the Constitution, State Administration, and State Administra- tion and the Executive (sitting jointly) be granted until Tuesday, October 23, in which to report on matters before them. John L. Kilbon. Adjournment after final action on the initiative and referendum. Leave of Absence. On motion of Mr. White of North Brookfield, - Voted, That Mr. Kilbon of Springfield be granted leave of absence, under Rule 13, on account of urgent professional en- gagements. Adjournment until June, 1918. The consideration of the following order, offered by Mr. Besse of Newburyport, was postponed until the next session, at the request of Mr. Washburn of Middleborough: Ordered, That, after the final disposition of the amendments that are to go on the ballot this year, nothing be considered but the initiative and referendum; and that, after this amendment has been finally acted upon, the Convention adjourn until the first Tuesday of June, 1918. "Statutory Powers and Duties of the Governor and Council." Printing of a Bulletin. Mr. Quincy of Boston, for the committee on Rules and Pro- cedure, to whom was referred the order providing that the bulletin on "Statutory Powers and Duties of the Governor and Council", prepared by the commission appointed to compile information and data 'for the Convention, be printed as a Con- vention document, reported recommending that said order be adopted. The report was read; and the order was considered forthwith and was adopted. (For bulletin see Doc. No. 365.) TUESDAY, OCTOBER 16, 1917. 335 Further Compensation of Members and Employees. The consideration of the following order, offered by Mr. Members and Quincy of Boston, was postponed until the next session, at the SJfenwntio request of that member: tT nS? eilsa " Whereas, Under the orders heretofore passed by the Conven- November. tion, the final payment of salary to its members will be made at the end of the month of October, leaving no provision for pay- ment of any further salary thereafter; and Whereas, It appears impossible for the Convention to take action before the first day of November upon the 170 reports of its committees which still await consideration, 23 of such reports recommending the adoption of amendments to the Constitution, many of which are of great public importance; and Whereas, It is claimed that many members of the Convention will be financially unable to continue their attendance after the close of the month of October, unless provision is made for a continuance of the salaries of members at the rate of one hundred and fifty dollars a month heretofore paid, and all members of the Convention are fairly entitled to continue to receive such salary during such reasonable time as may be necessary to enable the Convention to finish its business; and Whereas, It is against the public interest that the Convention should be led to adjourn, without reaching most of the matters before it, through the financial inability of many of its members to continue their attendance, and it is also undesirable that the Convention should be obliged to continue its work with many of its members necessarily absent; therefore, it is hereby Ordered, (1) That members of the Convention shall be entitled to be paid for their services during the month of November, if the session of the Convention shall extend into said month, at the rate of one hundred and fifty dollars for the whole of said month; (2) That the committee on Contingent Expenses and Pay-Roll be instructed to make up and certify to the Auditor of the Commonwealth, prior to the end of the month of November, or at such earlier date in said month as the Convention may adjourn, a pay-roll covering the amounts payable to the members of the Convention under this order; (3) That, in case the Treasurer and Receiver-General shall deem that he has no sufficient authority of law to apply any money in the treasury to the meeting of such pay-roll, then the President of the Convention be requested to petition the next General Court, on behalf of the Convention, to make such appro- priation as may be necessary for the meeting of such pay-roll; and be it further Ordered, That all officers and employees of the Convention shall be entitled to be paid for their services for the month of November, or for such portion of said month as the Convention may remain in session, compensation on the per diem basis heretofore fixed, in the case of those paid per diem, or, in the case of officers or employees paid a fixed sum, at the rate of one- fifth of such sum for the whole month of November, or a pro 336 JOURNAL OF THE CONVENTION, rata amount for any portion of said month during which the Convention may remain in session; that the said committee make up and certify in like manner a pay-roll covering such pay- ments; and that, if such pay-roll is not met by the Treasurer and Receiver-General, the President of the Convention be requested to petition the next General Court in like manner to make such appropriation as may be necessary for meeting such pay-roll; and be it further Ordered, That the Convention, in the exercise of the powers vested in it, hereby declares that the Commonwealth is legally liable for the payment of the amounts which may become due in accordance with the foregoing orders and with the pay-rolls made up in accordance therewith. Public funds, appropria- tions. Printing of a Convention Document. The following order, offered by Mr. Edwin U. Curtis of Boston, was referred, under the provisions of a standing order, to the committee on Rules and Procedure: Ordered, That the report of the committee on Rules and Pro- cedure and the committee on Amendment and Codification of the Constitution, sitting jointly, providing for placing on the ballot at the coming state election the Article of Amendment contained in the Resolution relative to the support of certain institutions from public funds (Doc. No. 348), be printed as a Convention document. Referendum on discharging the Conven- tion. Reports of the committee on Form and Phraseology, details. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The following motion of Mr. George of Haverhill was con- sidered; and after debate it was negatived: - That the Secretary of the Commonwealth be directed to place on the ballot at the coming state election, Tuesday, November 6, the following question : "Shall the Constitutional Convention be discharged from the further consideration of amending the Constitution?" The following order (offered by Mr. Washburn of Middlebor- ough) was considered; and after debate it was adopted: Ordered, That the committee on Form and Phraseology be re- quested, in reporting upon proposals to amend the Constitution referred to it, to report in detail any and all alterations in punc- tuation and phraseology which have to do only with the question of form; and, further, to report separately and in detail any and all amendments making any change in the sense or legal effect or any material change in the construction of such proposals. Initiative and referendum. Taken from the Table. On motion of Mr. Walker of Brookline the Resolution to provide for establishing the initiative and referendum (Doc. No. 359, amended) was taken from the table and considered, the main question being on ordering it to a second reading. TUESDAY, OCTOBER 16, 1917. 337 The amendments of line 139, previously moved by Mr. Walker Mr. Walker, of Brookline, were adopted, as follows: Inserting in line 139, al after the word "law", in both places where it occurs, the words "or part thereof". Mr. Luce of Waltham then moved that each amendment be Limit of debated and acted upon separately; that general debate on each d< amendment be limited to thirty minutes, and that speeches be limited to five minutes each, except that ten minutes be allowed to the mover of the amendment; and that five minutes then be allowed to a member of the minority of the committee on Initiative and Referendum and five minutes to a member of the majority of said committee. After debate this motion was adopted. After further debate the amendments previously moved by Mr. Mr. Bryant, Bryant of Milton were adopted, by a vote of 86 to 66, as fol- a mendments - lows: Striking out, in line 8, the words "or any part thereof,"; Striking out, in lines 141, 146, 148, 149, 150 and 151, 169, 171, 172 and 174, the words "or part thereof"; and Striking out, in line 162, the words "or any part thereof". Mr. Luce then moved that the vote be reconsidered by which Reconsidera- the foregoing amendments of line 139, previously moved by Mr. tlon * Walker of Brookline, were adopted. This motion prevailed; and, on the recurring question, the amendments were rejected. Mr. Walker, there being no objection, modified the remaining Mr. Walker, amendments previously moved by him, so as to read as follows : amendments. Inserting after the word "division", in line 181, the words "or to particular districts or localities"; and Striking out, in line 195, the words "cause each question", and inserting in place thereof the words "give each question a number and cause such question". After debate these amendments were adopted. Mr. Walker then moved that the resolution be amended by id. inserting before the word "town", in line 110 and in line 180, the word "particular"; and these amendments were adopted. Mr. Richardson of Newton moved that the resolution be Mr. Richardson, amended by inserting, after lines 13 to 47, as amended, the -amendment, following paragraph, with the heading " Excluded Matter": "No part of the constitution which provides for the establish- ment of the popular initiative and referendum shall be the subject of an initiative petition." After debate the question was put on this amendment, and 100 members voted in the affirmative and 103 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Churchill of Amherst; and on the roll call 107 members voted in the affirmative and 119 in the negative, as follows: YEAS. Messrs. Adams, Scott Messrs. Bangs, Francis R. Anderson, Frederick L. Barker, Warren S. Avery, Nathan P. Barnes, Clarence A. Bailey, Charles O. Bartlett, Horace I. Balch, Francis N. Bassett, Edmund Ballantyne, John Besse, Harold A. 338 JOURNAL OF THE CONVENTION, Messrs. Bolster, Percy G. Bouve", Walter L. Boyer, Elmer E. Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Rufus H. Coombs, Zelotes W. Crafts, Lyman A. Crosby, J. Ho well Crossley, William Cyril Curtis, Edwin U. Davis, Elbridge G. Delano, Robert T. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Gates, Joseph S. George, Samuel W. Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kinney, William S. Kneil, Arthur S. Messrs. Adams, Brooks Adams, Smith J. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bennett, Frank P. Bergengren, Roy F. BickneU, WaUace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James J. Brine, Henry C. Messrs. Lane, Daniel W. Logan, James Lowe, Arthur H. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lyman, Frank E. Merriam, John M. Michelman, Joseph Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, Herbert Parkman, Henry Peirce, Albion G. Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Sullivan, Edmund G. Sweeney, Edward A. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wood, Charles J. Youngman, William S. NAYS. Messrs. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Craven, John H. Creamer, Walter H. Creed, James F. Cummings, John W. TUESDAY, OCTOBER 16, 1917. 339 Messrs. Cusick, John F. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Derbyshire, James H. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. ' Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flynn, Maurice R. Frost, Archie N. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hawley, Truman R. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kelly, Luke L. Kenny, Herbert A. Lane, Dwight F. Langelier, Louis F. R. Leonard, Joseph J. Lomasney, Martin M. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. 107 yeas; Messrs. Mancovitz, David Mansfield, John J. McAnarney, John W. McCarthy, Charles F. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Mitchell, John Moran, William Moriarty, James T. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Reidy, Michael J. Ross, Samuel Scigliano, Alfred P. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Talbot, Harry R. Theller, Ralph L. Thompson, Edward Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Whitehead, James Wonson, Carlton W. 119 nays. Therefore the amendment moved by Mr. Richardson was rejected. At one o'clock, under the provisions of a standing order, the Beceas. President declared a recess until two o'clock; at which hour the Convention reassembled. Mr. Washburn of Middleborough doubted the presence of a Quorum, quorum; and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. On the appearance of a quorum Mr. Washburn moved that Mr. Washburn, the resolution be amended as follows: By striking out, in lines 50 and 51, the words "twenty thou- sand qualified voters of the commonwealth", and inserting in place thereof the words "four per cent of the qualified voters of the commonwealth, calculated upon the whole number of votes cast for governor at the last preceding election"; and amendment. 340 JOURNAL OF THE CONVENTION, Mr. Washburn, amendment. By striking out, in lines 61 and 62, the words "five thousand additional signatures of such qualified voters", and inserting in place thereof the words "one per cent of such qualified voters, calculated upon the whole number of votes cast for governor at the last preceding election, in addition to those signing such initiative petition,". After debate the question was put on these amendments, and 98 members voted in the affirmative and 84 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 113 members voted in the affirmative and 112 in the negative, as follows : YEAS. Messrs. Adams, Charles Francis Adams, Scott Avery, Nathan P. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Bartlett, Horace I. Bassett, Edmund Bates, John L. Bates, Sanford Bolster, Percy G. Bouve", Walter L. Boyer, Elmer E. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Costello, Francis M. Crafts, Lyman A. Craven, John H. Crosby, J. Ho well Crossley, William Cyril Curtis, Edwin U. Curtiss, Elmer L. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Dresser, Frank F. Farnsworth, Frank S. Feiker, William H. Messrs. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Fraser, Eugene B. French, Asa P. Frost, Archie N. Gates, Joseph S. George, Samuel W. Gleason, Nesbit G. Greenwood, Hamlet S. Hall, Elisha S. Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kneil, Arthur S. Langelier, Louis F. R. Leonard, Joseph J. Logan, James Lor ing, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lyman, Frank E. Merriam, John M. Mitchell, Charles Morton, James M. Parker, Herbert Parkman, Henry PiUsbury, Albert E. Putnam, Harry B. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Sullivan, Edmund G. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. TUESDAY, OCTOBER 16, 1917. 341 Messrs. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Weekes, George LeRoy Wellman, Arthur Holbrook Messrs. Wheeler, William White, John A. Whittier, Eugene P. Williams, Fred Homer Wood, Charles J. Youngman, William S. NAYS. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Butler, A. Webster Carr. Edward Clark, Ezra W. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Derbyshire, James H. Donnelly, James P. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. Green, Thomas H. Hale, Edward R. Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hawley, Truman R. Hoitt, Augustus J. Johnson, Charles R. Keliher, John A. Messrs. Kelley, Thomas R. Lane, Dwight F. Leboeuf, Telesphore Lomasney, Martin M. Love, Joseph A. Lynch, John C. Maguire, James E. Mahoney, John J. Mansfield, John J. McAnarney, John W. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Moran, William Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ross, Samuel Sawyer, Roland D. Shanahan, William J. Shaw, Michael F. Shea, John T. Sherburne, Nelson Skerrett, Mark N. SparreU, Ernest H. Sullivan, William H. Sullivan, William J. Sweeney, Edward A. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Whitehead, James Winslow, Guy M. Wonson, Carlton W. 113 yeas; 112 nays. 342 JOURNAL OF THE CONVENTION, Mr. Quincy, amendments. Mr. Sawyer, amendment. Mr. Bartlett, amendment. Mr. Bryant, - amendment. Mr. Walker, - amendment. Id. Therefore the amendments moved by Mr. Washburn were adopted. Mr. Quincy of Boston moved that the resolution be amended as follows: By inserting after the word "commonwealth", in line 51 (as printed), the words ", or if a proposed law is introduced into the general court by recommendation of the governor by mes- sage"; By inserting after the word "petition", in line 55, the words ", or in the form in which it was originally recommended by the governor or in such amended form as the governor may by message approve or substitute, as the case may be"; By inserting after the word "if", in line 57, the words ", in the case of a law proposed by initiative petition,"; and By inserting after the word "aforesaid", in line 63, the words ", or if, in the case of a law recommended by the governor, a certificate is filed by the governor with the secretary of the com- monwealth not later than said first Wednesday of August calling for such submission". After debate Mr. Buttrick of Lancaster moved that the further consideration of these amendments be postponed until the next session. This motion was put, there being no objection; and the same prevailed. Mr. Sawyer of Ware moved that the resolution be amended by adding at the end thereof the following paragraph: - "The general court shall provide by rule that, on all reports based on initiative petitions, debate at some stage thereof [A] shall, in the case of a proposed law, continue for at least six hours, and, in the case of a proposed amendment of the consti- tution, for at least ten hours, unless sooner closed by unanimous consent." Mr. Bartlett of Newburyport moved that the amendment moved by Mr. Sawyer be amended by striking out, at "A", the word "shall", and inserting in place thereof the word "may". Mr. Bryant of Milton moved that the amendment moved by Mr. Sawyer be amended by striking out, at the end thereof, the words ", unless sooner closed by unanimous consent". After debate these amendments were severally rejected; and the amendment moved by Mr. Sawyer was also rejected. Mr. Walker of Brookline moved that the resolution be amended by adding at the end thereof the following paragraph: - "Subject to the veto power of the governor and to the right of referendum by petition as herein provided, the general court may amend or repeal a law approved by the people." This amendment was adopted. The same member moved that the resolution be amended by adding at the end thereof the following paragraph: " This article of amendment to the constitution is self executing but legislation not inconsistent with anything herein contained may be enacted to facilitate the operation of its provisions". After debate this amendment was adopted. TUESDAY, OCTOBER 16, 1917. 343 The same member moved that the resolution be amended by Mr. Walker, striking out, in line 193, the words "secretary of the common- ai wealth", and inserting in place thereof the word "attorney- general". After debate this amendment was adopted. Mr. Luce of Waltham moved that the resolution be amended by inserting after the word "commonwealth", in line 111, the words ", and no private or special law and no law entailing the appropriation of money". After debate the same member moved that the further con- sideration of this amendment be postponed until the next session. The question on postponement was put, there being no objection; and the motion prevailed. Mr. Washburn of Worcester moved that the resolution be Mr. washbum, amended by inserting after the word "penalties", in line 185, the - amendment - words "for the signing of any such petition for money or other valuable consideration and". This amendment was adopted. Mr. Quincy of Boston moved that the resolution be amended by inserting after the word "signers", in line 89, the words " : provided, that no initiative petition shall be so filed until it has been submitted to the attorney-general [A] or to [D] an officer whose duty it is to assist members or committees of the general court in the drafting of bills and the constitutional amendment or law which is the subject of the petition has been certified [B] either by the attorney-general [C] or by such officer [E] to be in proper form for submission to the people". Mr. Churchill of Amherst moved that the amendment moved Mr. Churchill, by Mr. Quincy be amended as follows: By striking out, at "A", the words "or to an officer whose duty it is to assist members or committees of the general court in the drafting of bills"; By striking out, at "B", the word "either"; and By striking out, at "C", the words "or by such officer". Mr. Clapp of Lexington moved that the amendment moved by Mr. ciapp, Mr. Quincy be amended as follows: - amendments. By striking out, at "D", the words "an officer whose duty it is to assist members or committees of the general court in the drafting of bills", and inserting in place thereof the words "such other officer or board as the legislature may designate or provide for the purpose"; and By inserting, at "E", the words "or board". After debate Mr. Lummus of Lynn moved that the Convention Adjournment. adjourn; and this motion prevailed. Accordingly, at ten minutes after four o'clock, the Conven- tion adjourned, to meet to-morrow at half-past ten o'clock A.M. 344 JOURNAL OF THE CONVENTION, WEDNESDAY, October 17, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Ernest S. Meredith of Watertown. Frank L. JBoyden. Augustus W. Perry. Leave of Absence. On motion of Mr. Hale of Boston, Ordered, That Mr. Boyden of Deerfield be granted leave of absence, under Rule 13, on account of illness. On motion of Mr. McCormack of Boston, Ordered, That Mr. Perry of Boston be granted leave of absence, under Rule 13, on account of illness. Second Liberty Loan, addresses by the Governor and others. Addresses on the Second Liberty Loan. The following order, offered by Mr. Washburn of Worcester, was adopted: Recognizing the paramount importance to the cause of civili- zation of an adequate response to the call of the government of the United States for a loan from the people, known as the Second Liberty Loan, to the end that the great war may be prosecuted to a successful and speedy termination, and desiring that meantime our kinsmen on the field of battle may gain in- spiration from our sympathy and support, and desiring, as far as may be within our power, to aid in impressing upon the citi- zens of our Commonwealth the supreme importance of the present emergency, Ordered, That His Excellency the Governor, the Treasurer and Receiver-General of the Commonwealth and the Governor of the Federal Reserve Bank be invited to address the Convention at eleven o'clock A.M. on Thursday, October 18. Public funds, appropria- tions. Printing of a Convention Document. Mr. Edwin U. Curtis of Boston, for the committee on Rules and Procedure, to whom was referred the order providing that the report of the committee on Rules and Procedure and the committee on Amendment and Codification of the Constitution, sitting jointly, providing for placing on the ballot at the coming state election the Article of Amendment contained in the Reso- lution relative to the support of certain institutions from public funds (Doc. No. 348), be printed as a Convention document, reported recommending that the same be adopted. The report was read; and the order was considered forthwith and was adopted. (See Doc. No. 364.) WEDNESDAY, OCTOBER 17, 1917. 345 Adjournment until June, 1918. The following order, offered by Mr. Besse of Newburyport, the consideration of which was postponed from the last session, was considered: Ordered, That, after the final disposition of the amendments Adjournment that are to go on the ballot this year, nothing be considered but acttoifo^the the initiative and referendum; and that, after this amendment initiative and has been finally acted upon, the Convention adjourn until the re first Tuesday of June, 1918. Mr. Avery of Holyoke moved that the order be referred to the committee on Rules and Procedure. After debate Mr. McLaud of Greenfield moved that the motion Mr. be amended by adding at the end thereof the words ", with in- - structions to report at the next session on this order, and on the order previously offered by Mr. Avery of Holyoke and referred to said committee on September 28 ". After debate the amendment was adopted; and the motion, as amended, was adopted. Therefore the order stood committed to the committee on Rules and Procedure. The order offered by Mr. Quincy of Boston, relative to pro- Members and viding compensation for members, officers and employees of the o m the yees Convention for the month of November, or a part thereof, the Convention, consideration of which was postponed from the last session, was ?NovSnber. considered. Mr. Avery of Holyoke moved that the order be referred to the committee on Rules and Procedure and the committee on Con- tingent Expenses and Pay-Roll, sitting jointly; and after debate this motion was adopted. The following order, offered by Mr. Sawyer of Ware, was referred to the committee on Rules and Procedure and the com- mittee on Contingent Expenses and Pay-Roil, sitting jointly, on motion of the same member: Whereas, Under the orders heretofore passed by the Conven- id. tion, the final payment of salary to its members will be made at the end of the month of October, leaving no provision for payment of any further compensation thereafter; and Whereas, It appears impossible for the Convention to take action before the first day of November upon the 170 reports of its committees which still await consideration, 23 of such reports recommending the adoption of amendments to the Con- stitution, many of which are of great public importance; and Whereas, It is claimed that many members of the Convention will be financially unable to continue their attendance after the close of the month of October, unless provision is made for a continuance of the compensation of members at the rate of one hundred and fifty dollars a month heretofore paid, and all mem- bers of the Convention are fairly entitled to continue to receive such compensation during such reasonable time as may be necessary to enable the Convention to finish its business; and JOURNAL OF THE CONVENTION, Whereas, It is against the public interest that the Convention should be led to adjourn, without reaching most of the matters before it, through the financial inability of many of its members to continue their attendance, and it is also undesirable that the Convention should be obliged to continue its work with many of its members necessarily absent; therefore, it is hereby Ordered, (1) That members of the Convention shall be entitled to be paid additional compensation for their services during the month of November and the month of December, if the session of the Convention shall extend into said months, at the rate of one hundred and fifty dollars a month; provided, that final adjourn- ment of the Convention shall be not later than December 15; (2) That the committee on Contingent Expenses and Pay- Roil be instructed to make up and certify to the Auditor of the Commonwealth, prior to November 30 and December 15, or at such earlier date as the Convention may adjourn, a pay-roll cover- ing the amounts payable to the members of the Convention under this order; (3) That, in case the Treasurer and Receiver-General shall deem that he has no sufficient authority of law to apply any money in the treasury to the meeting of such pay-roll, then the President of the Convention be requested to petition the next General Court, on behalf of the Convention, to make such appropriation as may be necessary for the meeting of such pay-roll; and be it further Ordered, That all officers and employees of the Convention shall be entitled to be paid for their services during November and December, or for such portion of said months as the Convention may remain in session, compensation on the per diem basis here- tofore fixed, in the case of those paid per diem, or, in the case of officers or employees paid a fixed sum, at the rate of one-fifth of such sum for the whole month of November, or a pro rata amount for any portion of said month or the month of December during which the Convention may remain in session; that the said com- mittee make up and certify in like manner a pay-roll covering such payments; and that, if such pay-roll is not met by the Treasurer and Receiver-General, the President of the Convention be re- quested to petition the next General Court in like manner to make such appropriation as may be necessary for meeting such pay-roll; and be it further Ordered, That the Convention, in the exercise of the powers vested in it, hereby declares that the Commonwealth is legally liable for the payment of the amounts which may become due in accordance with the foregoing orders and with the pay-rolls made up in accordance therewith. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. R es l ut i n to provide for establishing the initiative and referendum (Doc. No. 359, amended), being the unfinished WEDNESDAY, OCTOBER 17, 1917. 347 business of the last session, was considered further, the main question being on ordering it to a second reading. The question was first put on the amendment of line 89, Mr.Qumcy, previously moved by Mr., Quincy of Boston. There being al no objection Mr. Quincy accepted, as a part of his amend- ment, the amendments thereof previously moved by Mr. Clapp of Lexington. The amendment, as thus modified, was as fol- lows : Inserting after the word "signers", in line 89, the words " : provided, that no initiative petition shall be so filed until it has been submitted to the attorney-general [A] or to such other officer or board as the legislature may designate or provide for the purpose and the constitutional amendment or law which is the subject of the petition has been certified [B] either by the attorney-general [C] or by such officer or board to be in proper form for submission to the people ". There being no objection Mr. Churchill of Amherst modified his pending amendments of the amendment moved by Mr. Quincy, so as to read as follows: Striking out, at "A", the words "or to such other officer or board as the legislature may designate or provide for the pur- pose"; Striking out, at "B", the word "either"; and Striking out, at "C", the words "or by such officer or board". After debate Mr. Quincy, there being no objection, accepted, as a part of his amendment, the amendments moved by Mr. Churchill; and the amendment, as thus modified, was adopted, as follows : Inserting after the word "signers", in line 89, the words " : provided, That no initiative petition shall be so filed until it has been submitted to the attorney-general and the constitutional amendment or law which is the subject of the petition has been certified by the attorney-general to be in proper form for sub- mission to the people ". There being no objection Mr. Quincy then withdrew his pend- ing amendments of lines 51, 55, 57 and 63. There being no objection Mr. Luce of Waltham modified his Mr. Luce, pending amendment, so as to read as follows: Adding at the end of line 111, as amended, the words, "or to an individual, association or corporation". After debate Mr. Walker of Brookline, there being no objec- tion, moved that the further consideration of this amendment be postponed until after the consideration of other amendments; and this motion prevailed. Mr. Kinney of Boston then moved that the resolution be Mr. Kinney, amended by inserting, after lines 13 to 47 (as amended), the al following paragraph: - "No amendment shall be made as herein provided to part the first of the constitution, or in abrogation, annulment or repeal of any of the provisions therein set forth." 348 JOURNAL OF THE CONVENTION, Mr. Kinney, amendment. Mr. Churchill, amendment. Amendments adopted. After debate (Mr. Washburn of Worcester being in the chair) Mr. Kinney modified his amendment, there being no objection, so as to read as follows: Inserting, after lines 13 to 47 (as amended), the following paragraph : "No law or amendment to the constitution relating to the declaration of rights shall be the subject of such initiative petition." Mr. Churchill of Amherst moved that this amendment be amended by striking out the words proposed to be inserted, and inserting in place thereof the following: - " Provided, however, that no amendment annulling, abrogating or repealing the provisions of the declaration of rights shall be the subject of an initiative or executive petition." After debate the amendment moved by Mr. Churchill was adopted, by a vote of 128 to 87. The question was then put on the amendment moved by Mr. Kinney, as thus amended, and 127 members voted in the affirm- ative and 100 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 127 members voted in the affirmative and 126 in the negative, as follows : YEAS. Messrs. Adams, Charles Francis Adams, Scott Bailey, Charles O. / Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Bartlett, Horace I. Bassett, Edmund Besse, Harold A. Bicknell, Wallace H. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve 1 , Walter L. Boyer, Elmer E. Brooks, George F. Brown, Samuel F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Messrs. Cook, Rufus H. Coombs, Zelotes W. Crafts, Lyman A. Crosby, J. Ho well Crossley, William Cyril Curtis, Edwin U. Curtiss, Elmer L. Cusick, John F. Dale, George H. Davis, Elbridge G. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Foss, George H. Fraser, Eugene B. French, Asa P. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. WEDNESDAY, OCTOBER 17, 1917. 349 Messrs. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Knotts, J. Franklin Lane, Daniel W. Linke, Fred R. Look, William J. Loring, Augustus P. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. Merriam, John M. Michelman, Joseph Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Putnam, Harry B. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Messrs. Adams, Brooks Anderson, Frederick L. Avery, Nathan P. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Craven, John H. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter Daly, John W. Day, Charles M. Dean, Robert A. Messrs. Robbins, Edward J. Robinson, George H. Saunders, Amps T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Stearns, Harry N. Sullivan, Edmund G. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Charles G. Webster, George P. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wood, Charles J. Youngman, William S. NATS. Messrs. Delaney, Louis F. Derbyshire, James H. Donnelly, James P. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flynn, Maurice R. Frost, Archie N. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Good, John P. Granfield, William J. Graumann, John Green, Thomas H. Haines, Benjamin F. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Hawley, Truman R. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kenny, Herbert A. Kilbon, John L. Lane, D wight F. Langelier, Louis F. R. Leonard, Joseph J. Lomasney, Martin M. 350 JOURNAL OF THE CONVENTION, Messrs. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. McAnarney, John W. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Mitchell, John Moran, William Moriarty, James T. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Messrs. Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Swig, Louis Talbot, Harry R. Thompson, Edward Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Webster, Francis E. Whitehead, James Wilson, William H. Winslow, Guy M. Wonson, Carlton W. 127 yeas; 126 nays. Amendment adopted! Motion to reconsider. Therefore the amendment moved by Mr. Kinney, as amended, was adopted, as follows: Inserting, after lines 13 to 47 (as amended), the following paragraph: "Provided, however, that no amendment annulling, abrogating or repealing the provisions of the declaration of rights shall be the subject of an initiative or executive petition." The President having resumed the chair, Mr. Walker of Brook- line moved that the foregoing vote be reconsidered. After debate the question was put, and 92 members voted in the affirmative and 118 in the negative. The 'sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker; and on the roll call 117 members voted in the affirmative and 124 in the negative, as follows: YEAS. Messrs. Adams, Brooks Anderson, Frederick L. Avery, Nathan P. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Boynton, Thomas J. Broderick, Patrick S. Messrs. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Clark, Ezra W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Craven, John H. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter WEDNESDAY, OCTOBER 17, 1917. 351 Messrs. Daly, John W. Day, Charles M. Dean, Robert A. Delaney, Louis F. Derbyshire, James H. Donnelly, James P. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flynn, Maurice R. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Granfield, William J. Graumann, John Green, Thomas H. Haines, Benjamin F. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Hawley, Truman R. Johnson, Charles R. Keliher, John A. Kenny, Herbert A. Knotts, J. Franklin Lane, Dwight F. Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. McAnarney, John W. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. Messrs. Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Besse, Harold A. Bicknell, Wallace H. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyer, Elmer E. Brooks, George F. Brown, Samuel F. Bruce, Charles Bryant, Lincoln Messrs. McLaud, Abner S. Merrill, George Frye Mitchell, John Moran, William Moriarty, James T. Moynihan, James J. Murley, Joseph J. Myron, John F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Swig, Louis Talbot, Harry R. Thompson, Edward Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Webster, Francis E. Whitehead, James Winslow, Guy M. Wonson, Carlton W. NAYS. Messrs. Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. "Coogan, Clement F. Cook, Benjamin A. * Cook, Rufus H. Coombs, Zelotes W. Crafts, Lyman A. Crosby, J. Ho well Crossley, William Cyril Curtis, Edwin U. Cusick, John F. 352 JOURNAL OF THE CONVENTION, Messrs. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Foss, George H. Fraser, Eugene B. French, Asa P. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hall, Elisha S. Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Linke, Fred R. Look, William J. Loring, Augustus P. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. Merriam, John M. Mr. Washburn, amendment. Quorum. Messrs. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Rieutord, Louis O. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Sullivan, Edmund G. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Charles G. Webster, George P. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wood, Charles J. Youngman, William S. 117 yeas; 124 nays. Therefore the motion to reconsider was negatived. At ten minutes after one o'clock, there being no objection, Mr. Youngman of Boston moved that recess be taken until quarter- past two o'clock; and this motion prevailed. P" On the reassembling of the Convention Mr. Washburn of Mid- dleborough moved that the resolution be amended by inserting after the word "thereon", in line 67, the words ", provided that, for any law proposed under this section, the affirmative vote shall not be less than thirty per cent of the highest number of votes cast at such state election". Mr. Walker of Brookline doubted the presence of a quorum; and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. On the appearance of a quorum, and after debate, the question was put on the amendment, and 111 members voted in the affirmative and 96 in the negative. WEDNESDAY, OCTOBER 17, 1917. 353 The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker; and on the roll call 131 members voted in the affirmative and 117 in the negative, as follows : YEAS. Messrs. Adams, Charles Francis Adams, Scott Avery, Nathan P. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Besse, Harold A. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve 1 , Walter L. Boyer, Elmer E. Brooks, George F. Brown, Samuel F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Costello, Francis M. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Foss, George H. Messrs. Fraser, Eugene B. French, Asa P. Frost, Archie N. Gay lord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Knotts, J. Franklin Lane, Daniel W. Langelier, Louis F. R. Linke, Fred R. Look, William J. Loring, Augustus P. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. McAnarney, John W. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Nutting, Edward H. Parker, Herbert Parkman, Henry Peirce, Albion G. Pillsbury, Albert E. Putnam, Harry B. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Stearns, Harry N. Sullivan, Edmund G. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. 354 JOURNAL OF THE CONVENTION, Messrs. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Messrs. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wood, Charles J. Youngman, William S. NAYS. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoe'l Bowen, Patrick Brennan, James H. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Corrigan, Robert S. Coughlan, William J. Craven, John H. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Derbyshire, James H. Donnelly, James P. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Dor an, James P. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flynn, Maurice R. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Good, John P. Granfield, William J. Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Hawley, Truihan R. Hoitt, Augustus J. Messrs. Horgan, Francis J. Keliher, John A. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Leonard, Joseph J. Lomasney, Martin M. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCormack, John W. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shaw, Michael F. Shea, John T. Sherburne, Nelson Skerrett, Mark N. Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Talbot, Harry R. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. WEDNESDAY, OCTOBER 17, 1917. 355 Messrs. Webster, George P. Messrs. Winslow, Guy M. Whitehead, James Wonson. Carlton W. Wilson, William H. 131 yeas; 117 nays. Therefore the foregoing amendment moved by Mr. Washburn of Middleborough was adopted. Mr. Montague of Boston then moved that the resolution be Mr. Montague, amended as follows: -amendments. By adding after the word " representatives/', in line 109, the words " With the exception of the first ten signers of an initiative petition, all petitions brought under this article of the constitution shall be signed in the presence of some city or town official of the city or town in which the signer of the petition is a registered voter."; and By inserting after line 186 the following paragraph: "Provision for the designation of the city or town officials in the presence of whom initiative petitions may be signed and for the designation of such place or places in each city and town in the commonwealth where such petitions may be signed, as the convenience of the voters requires, may be made by law." After debate these amendments were rejected, by a vote of 98 to 129. Mr. Creamer of Lynn moved that this vote be reconsidered. Motion to Mr. Underhill of Somerville then moved that the Convention re adjourn; and this motion was negatived, by a vote of 112 to 113. Mr. Buttrick of Lancaster moved that the further considera- tion of the- motion to reconsider be postponed until the next session. The President entertained the motion; and after debate it was negatived. The motion to reconsider was then negatived. Mr. Sullivan of Salem then moved that the Convention Adjournment, adjourn; and this motion prevailed. Accordingly, at twenty-two minutes after four o'clock, the Con- vention adjourned, to meet to-morrow at half -past ten o'clock A.M. 356 JOURNAL OF THE CONVENTION, THURSDAY, October 18, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Roland D. Sawyer of Ware, a member of the Convention. Asa P. French. Quorum. Adjourn- ment from October 26 to June 11. Mr. Avery, amendments. Second Liberty Loan, addresses by His Excellency Leave of Absence. On motion of Mr. Richardson of Newton, Ordered, That Mr. French of Randolph be granted leave of absence from to-day's session, in order that he may attend a funeral. Quorum. Mr. Delaney of Holyoke doubted the presence of a quorum; and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. Proposed Adjournment from October 26 to June 11. On the appearance of a quorum (Mr. Underhill of Somerville being in the chair) Mr. Luce of Waltham, for the committee on Rules and Procedure, to whom was referred the order offered by Mr. Avery of Holyoke, providing that the Convention continue in session until the fourth Friday of October next, and that it then adjourn until the second Tuesday of June in the year 1918, reported recommending that the same ought not to be adopted. The report was read; and the order was considered forthwith. Mr. Avery of Holyoke moved that the order be amended by striking out the words "the fourth Friday of October next", and inserting in place thereof the words "final action has been taken on the Resolution to provide for establishing the initiative and referendum"; and by striking out the words "until the second Tuesday of June in the year 1918", and inserting in place thereof the words "[A] subject to the call of the President or Secretary of the Convention to meet within one week after the prorogation of the General Court of 1918". After debate Mr. Sawyer of Ware moved that the further con- sideration of the order be postponed until Tuesday next, first in the Orders of the Day. Pending the question on this motion (the President having resumed the chair) the order was laid on the table, on motion of Mr. Luce of Waltham. Addresses on the Second Liberty Loan. On motion of Mr. Merriam of Framingham, Ordered, That a committee of eleven members be appointed to wait upon His Excellency the Governor of the Commonwealth and the Governor of the Federal Reserve Bank and inform them THURSDAY, OCTOBER 18, 1917. 357 that the Convention is now in session and invites them to the Governor address its members with reference to the " Second Liberty Lo an " . Federal Reserve The President appointed as the committee Messrs. Merriam of Framingham, Adams of Springfield, Aylward of Cambridge, Boyer of Lynn, Lane of Boston, Whittier of Winthrop, Shea of Dalton, Walker of New Bedford, Look of Tisbury, Michelman of Boston and John W. Daly of Lowell, and they proceeded to the discharge of their duty under escort of the Sergeant-at-Arms. Soon afterwards Mr. Merriam, for the committee, reported that they had attended to the duty assigned them, and that His Excellency the Governor had accepted the invitation of the Con- vention for himself and Governor Aiken of the Federal Reserve Bank, and that they would attend upon the Convention forthwith. Thereupon His Excellency Samuel W. McCall, Governor of the Commonwealth, and Honorable Alfred L. Aiken, Governor of the Federal Reserve Bank, entered the Convention Chamber under escort of the Sergeant-at-Arms. The President of the Convention, His Excellency the Governor of the Commonwealth, and Governor Aiken of the Federal Re- serve Bank then addressed the members; after which the distin- guished guests withdrew. Attendance of Delegates Equivalent to Court Engagements. A communication from Arthur P. Rugg, Chief Justice of the Supreme Supreme Judicial Court, stating that "The resolution of the Constitutional Convention requesting that engagements of its f members in the performance of their duties be treated as equiv- Convention. alent to engagements in court will be respectfully heeded by the justices of the Supreme Judicial Court", was read; and the communication was placed on file. Taken from the Table. On motion of Mr. White of North Brookfield the following order (offered by Mr. Avery of Holyoke) was taken from the table : Ordered, That the Convention continue in session until the Adjoum- fourth Friday of October next, and that it then adjourn until october26 the second Tuesday of June in the year 1918. to June n. After debate (Mr. Underhill of Somerville being in the chair) the pending motion of Mr. Sawyer of Ware (that the further consideration of the order be postponed until Tuesday next) was negatived. After further debate Mr. Edwin U. Curtis of Boston moved that, unless a vote be sooner reached, debate be closed at 3.30 o'clock; and this motion prevailed. At one o'clock, under the provisions of a standing order, the Recess. Chair (Mr. Underhill) declared a recess until two o'clock; at which hour the Convention reassembled. Mr. Sawyer of Ware doubted the presence of a quorum; and Quorum. the Chair (Mr. Underhill) requested the Sergeant-at-Arms to secure the attendance of a quorum. 358 JOURNAL OF THE CONVENTION, Mr. Hale, amendment. On the appearance of a quorum, and after debate, Mr. Hale of Boston moved that the foregoing amendment moved by Mr. Avery of Holyoke be amended by striking out, at "A", the words "subject to the call of", and inserting in place thereof the words "and shall be called by". After debate Mr. Avery, there being no objection, accepted, as a part of his amendments, the amendment moved by Mr. Hale. The amendments, as thus amended, were then adopted. On the question on the adoption of the order, as amended, the sense of the Convention was taken by yeas and nays, at the request of Mr. Newton of Everett; and on the roll call 143 members voted in the affirmative and 134 in the negative, as follows : Messrs. Adams, Charles Francis Adams, Scott Adams, Smith J. Avery, Nathan P. Bailey, Charles O. Balch, Francis N. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bauer, Ralph S. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Boyer, Elmer E. Brennan, James J. Broderick, Patrick S. Brown, E. Gerry Brown, Samuel F. Bullock, William J. Burns, William A. Buttrick, Allan G. Callahan, Timothy F. Carr, Edward Choate, Charles F., Jr. Churchill, George B. Clark, Chester W. Coakley, Daniel H. Coogan, Clement F. Cook, Rufus H. Corrigan, Robert S. Costello, Francis M. Coughlan, William- J. Crafts, Lyman A. Craven, John H. Crosby, J. Howell Crossley, William Cyril Cummings, John W. Curtiss, Elmer L. Daley, Peter Daly, John W. Davis, William R. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. YEAS. Messrs. Doe, Orestes T. Donnelly, James P. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Flaherty, William Flynn, Maurice R. Foss, George H. Gartland, John J. Gaylord, Henry E. Giddings, Charles Glazier, Frederick P. Good, John P. Green, Thomas H. Greenwood, Hamlet S. Haines, Benjamin F. Hale, Edward R. Hale, Matthew Hall, Elisha S. Hall, Isaac Freeman Hamilton, Andrew Foster Harriman, Arthur N. Harrington, Patrick H. Hicks, George H. Johnson, Charles R. Jones, George R. Keliher, John A. Kelley, Thomas R. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Knotts, J. Franklin Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Linke, Fred R. Lomasney, Martin M. Love, Joseph A. Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. THURSDAY, OCTOBER 18, 1917. 359 Messrs. Maguire, James E. Mahoney, John J. Mancovitz, David Martin, Martin L. Merrill, George Frye Michelman, Joseph Mitchell, Charles Mitchell, John Moore, Charles D. C. Myron, John F. O'Connell, John J. O'Connell, John P. Peirce, Albion G. Powers, Samuel L. Rieutord, Louis O. Bobbins, Edward J. Ross, Samuel Saunders, Amos T. Scigliano, Alfred P. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Messrs. Adams, Brooks Ay 1 ward, James F. Ballantyne, John Bangs, Francis R. Bates, John L. Bates, Sanford Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve*, Walter L. Brackett, John Q. A. Brennan, James H. Brooks, George F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Butler, A. Webster . Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Clapp, Robert P. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Cook, Benjamin A. Coombs, Zelotes W. Creamer, Walter H. Creed, James F. Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, Elbridge G. Delano, Robert T. Messrs. Skerrett, Mark N. Smith, Jerome S. Stoeber, Charles Sullivan, Edmund G. Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William J. Sweeney, Edward A. Tatman, Charles T. Theller, Ralph L. Thompson, Edward Thompson, Hubert C. Turner, Joseph Underbill, Charles L. Walker, George Waterman, George B. Webster, Francis E. Webster, George P. Weekes, George LeRoy Williams, Fred Homer Wonson, Carlton W. Wood, Charles J. Youngman, William S. NAYS. Messrs. Derbyshire, James H. Donovan, James A. Douglass, John J. Dresser, Frank F. Dutch, Charles Frederick Farns worth, Frank S. Feiker, William H. Finn, E. Philip Flye, Louis Edwin Fraser, Eugene B. French, Asa P. Frost, Archie N. Gallagher, Daniel J. Gates, Joseph S. George, Samuel W. Gleason, Nesbit G. Graumann, John Hall, Frederick S. Harding, Clarence W. Hart, Albert Bushnell Hawley, Truman R. Hibbard, Charles E. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Hutchings, Henry M. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Lane, Dwight F. Logan, James Look, William J. Loring, Augustus P. Lowell, James A. Luce, Robert Lynch, John C. MacMaster, Edward A. Mansfield, John J. 360 JOURNAL OF THE CONVENTION, Adjourn- ment to 1918. Motion to reconsider. Adjournment after final action on the initiative and referendum. Messrs. McAnarney, John W. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. Merriam, John M. Montague, David T. Moran, William Moriarty, James T. Morrill, Charles H. Morton, James M. Moynihan, James J. Murley, Joseph J. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, Joseph F. O'Connor, John D. Parker, George S. Parker, Herbert Parkman, Henry Pelletier, Joseph C. Peterson, Patrick Pillsbury, Albert E. Putnam, Harry B. Quinn, Timothy F. Messrs. Ray, Herbert L. Richardson, Edward A. Richardson, James P. Sawyer, Roland D. Shattuck, Josiah B. Sparrell, Ernest H. Stearns, Harry N. Sullivan, William H. Swig, Louis Talbot, Harry R. Thompson, John L. Trefry, William D. T. Twomey, John C. Walcott, Robert Walker, Joseph Walsh, David I. Washburn, Albert H. Washburn, Charles G. Wellman, Arthur Holbrook Wheeler, William White, John A. Whitehead, James Whittier, Eugene P. Willett, George Franklin Wilson, William H. Wing, Herbert Winslow, Guy M. 143 yeas; 134 nays. Therefore the order was adopted, as follows: - "Ordered, That the Convention continue in session until final action has been taken on the Resolution to provide for estab- lishing the initiative and referendum, and that it then adjourn, and shall be called by the President or Secretary of the Con- vention to meet within one week after the prorogation of the General Court of 1918." Mr. Feiker of Northampton gave notice that, at the next ses- sion, he would move to reconsider the vote by which the Conven- tion adopted the foregoing order. Mr. Carr of Hopkinton then moved to reconsider the vote by which the order was adopted; and this motion, under the rule, was placed first in the Orders of the Day for the next session. Proposed Adjournment Until June, 1918. Mr. Luce of Waltham, for the committee on Rules and Proce- dure, to whom was referred the order offered by Mr. Besse of Newburyport, providing that, after the final disposition of the amendments that are to go on the ballot this year, nothing be considered but the initiative and referendum; and that, after this amendment has been finally acted upon, the Convention ad- journ until the first Tuesday of June, 1918, reported recom- mending that the same ought not to be adopted. The report was read; and, on motion of Mr. Bullock of New Bedford, the order was placed in the Orders of the Day for the next session. At five minutes before four o'clock, on motion of Mr. Luce of Waltham (Mr. Underbill of Somerville being in the chair), the Con- vention adjourned, to meet to-morrow at half-past ten o'clock A.M FRIDAY, OCTOBER 19, 1917. 361 FRIDAY, October 19, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Patrick Bowen Murphy of Boston. Orders of the Day. The Convention proceeded to the consideration of the Orders of the Day. The motion of Mr. Can* of Hopkinton, that the vote be re- considered by which the Convention, at the last session, adopted the following order, was considered : Ordered, That the Convention continue in session until final Adjournment action has been taken on the Resolution to provide for estab- lishing the initiative and referendum, and that it then adjourn, and^fe and shall be called by the President or Secretary of the Con- endum. vention to meet within one week after the prorogation of the General Court of 1918. After debate the question was put, and 110 members voted in the affirmative and 100 in the negative. tion - The sense of the Convention was then taken by yeas and nays, at the request of Mr. Saunders of Clinton; and on the roll call 136 members voted in the affirmative and 114 in the negative, as follows: YEAS. Messrs. Adams, Charles Francis Adams, Scott Avery, Nathan P. Aylward, James F. Ballantyne, John Bates, Sanford Begley, John S. Bennett, Frank P. Bigney, Robert E. Bodfish, John D. W. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boynton, Thomas J. Brackett, John Q. A. Brennan, James H. Brooks, George F. Brown, E. Gerry Bruce, Charles Bryant, Lincoln Buck, Maurice A. Burns, William A. Butler, A. Webster Chandler, Leonard B. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Ezra W. Messrs. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Coogan, Clement F. Cook, Benjamin A. Coombs, Zelotes W. Crafts, Lyman A. Creed, James F. Curtis, Edwin U. Curtiss, Elmer L. Cusick, John F. Dale, George H. Davis, Elbridge G. Delano, Robert T. Doran, James P. Douglass, John J. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Finn, E. Philip Flye, Louis Edwin Gates, Joseph S. George, Samuel W. Giddings, Charles Gleason, Nesbit G. 362 JOURNAL OF THE CONVENTION, Messrs. Graumann, John Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Harding, Clarence W. Hart, Albert Bushnell Hawley, Truman R. Hibbard, Charles E. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kilbon, John L. Lane, Daniel W. Lane, Dwight F. Langelier, Louis F. R. Logan, James Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Mansfield, John J. McAnarney, John W. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. Merriam, John M. Moran, William Moriarty, James T. Morrill, Charles H. Morton, James M. Moynihan, James J. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Bailey, Charles O. Balch, Francis N. Barker, Warren S. Barnes, George L. Barrett, James T. Bartlett, Horace I. Batchelder, Albert W. Bauer, Ralph S. Boucher, Joseph Zoel Boyer, Elmer E. Brennan, James J. Broderick, Patrick S. Burrell, Fred J. Buttrick, Allan G. Callahan, Timothy F. Choate, Charles F., Jr. Clark, Chester W. Coakley, Daniel H. Collins, Samuel I. Cooney, Charles P. Corrigan, Robert S. Messrs. Murley, Joseph J. Newton, H. Huestis Nutting, Edward H. O'Connell, Joseph F. O'Connor, John D. Parker, George S. Parker, Herbert Parkman, Henry Pelletier, Joseph C. Pillsbury, Albert E. Powers, Samuel L. Quincy, Josiah Quinn, Timothy F. Richardson, Edward A. Richardson, James P. Ross, Samuel Shattuck, Josiah B. Shea, John M. Sherburne, Nelson Sparrell, Ernest H. Stearns, Harry N. Sullivan, William H. Swig, Louis Thompson, John L. Twomey, John C. Underbill, Charles L. Walcott, Robert Walker, Joseph Walsh, David I. Washburn, Albert H. Washburn, Charles G. Wellman, Arthur Holbrook Wheeler, William White, John A. Whitehead, James Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Winslow, Guy M. NAYS. Messrs. Costello, Francis M. Coughlan, William J. Craven, John H. Creamer, Walter H. Crosby, J. Howell Crossley, William Cyril Daley, Peter Daly, John W. Davis, William R. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Doe, Orestes T. Donnelly, James P. Donovan, Daniel R. Driscoll, Dennis D. Driscoll, Timothy J. Fisher, Edward Flaherty, William Flynn, Maurice R. Eraser, Eugene B. Gartland, John J. Gay lord, Henry E. Glazier, Frederick P. FRIDAY, OCTOBER 19, 1917. 363 Messrs. Good, John P. Green, Thomas H. Greenwood, Hamlet S. Haines, Benjamin F. Hale, Edward R. Hale, Matthew Hamilton, Andrew Foster Harriman, Arthur N. Harrington, Patrick H. Hicks, George H. Johnson, Charles R. Keliher, John A. Kelley, Thomas R. Kelly, Luke L. Kenny, Herbert A. Kinney, William S. Knotts, J. Franklin Larson. Charles G. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Look, William J. Love, Joseph A. Lufkin, Wfflfred W. Maguire, James E. Mahoney, John J. Mancovitz, David Merrill, George Frye Michelman, Joseph Mitchell, Charles Mitchell, John Moore, Charles D. C. Myron, John F. Messrs. Nestor, Patrick F. Newhall, Arthur N. O'Connell, John J. O'Connell, John P. Peirce, Albion G. Peterson, Patrick Ray, Herbert L. Rieutord, Louis O. Robbins, Edward J. Saunders, Amos T. Scigliano, Alfred P. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Skerrett, Mark N. Smith, Jerome S. Smith, Rutherford E. Stoeber, Charles Sullivan, Edmund G. Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William J. Sweeney, Edward A. Tatman, Charles T. Theller, Ralph L. Thompson, Edward Thompson, Hubert C. Turner, Joseph Waterman, George B. Webster, Francis E. Webster, George P. Wonson, Carltpn W. Youngman, William S. 136 yeas; 114 nays. Therefore the vote was reconsidered by which the order was adopted. Pending the recurring question Mr. Avery of Holyoke moved Mr.Avery, that the order be amended by the substitution of the following: ai Ordered, That the sessions of the Convention continue until Wednesday, November 28, and that, if all its business be not then disposed of, it adjourn until called by the President or Secretary to meet not later than within ten days after the pro- rogation of the General Court of 1918; and until the time of such adjournment on November 28 the Resolution to provide for establishing the initiative and referendum shall, whenever upon the Calendar, take precedence over all other matters in the Orders of the Day, except motions to reconsider; and provided that, in case final action has not been taken on the said resolution on or be- fore the said 28th day of November, the sessions of the Con- vention shall continue until such final action has been taken, and upon the taking of such final action the Convention shall adjourn subject to call by the President or Secretary as aforesaid. After debate Mr. Walker of Brookline (Mr. Underhill of Som- Amendment erville being in the chair) moved that Rule 38 be suspended; ri and this motion, after debate, was negatived. Therefore the Chair (Mr. Underhill) declared that the amendment was im- properly before the Convention. 364 JOURNAL OF THE CONVENTION, Adjournment after final action on the initiative and referendum. Initiative and referendum. Mr. Anderson, amendment. Mr - Bates of Brookline then moved that the order be amended by the substitution of the following: Ordered, That the sessions of the Convention continue until Wednesday, November 28, and that, if all its business be not then disposed of, it adjourn until called by the President or Sec- retary to meet not later than within ten days after the proroga- tion of the General Court of 1918; and until the time of such adjournment on November 28 the Resolution to provide for estab- lishing the initiative and referendum shall, whenever upon the Calendar, take precedence over all other matters in the Orders of the Day, except as otherwise provided by the rules of the Conven- tion; and provided that, in case final action has not been taken on the said resolution on or before the said 28th day of November, the sessions of the Convention shall continue until such final action has been taken, and upon the taking of such final action the Convention shall adjourn subject to call by the President or Secretary as aforesaid. Mr. Lomasney of Boston moved that the order be laid on the table; and this motion, after debate, was adopted. The President having resumed the chair the following order (offered by Mr. Besse of Newburyport) was considered: - Ordered, That, after the final disposition of the amendments that are to go on the ballot this year, nothing be considered but the initiative and referendum; and that, after this amendment has been finally acted upon, the Convention adjourn until the first Tuesday of June, 1918. Mr. Buttrick of Lancaster moved that the order be laid on the table; and this motion prevailed. The Resolution to provide for establishing the initiative and referendum (Doc. No. 359, amended) was considered further, the main question being on ordering it to a second reading. Mr. Anderson of Newton moved that the resolution be amended by striking out lines 48 to 69, inclusive, and the word "law", in line 70, and inserting in place thereof the following: - "If an initiative petition for a law is introduced into the general court in the manner hereinafter provided, signed by not less than twenty thousand qualified voters, [A] or if a pro- posed law is introduced into the general court by recommenda- tion of the governor by message, such proposed law shall, not later than the second Wednesday in June, be laid before a joint session of the two houses, at which the president of the senate shall preside; and if the two houses fail to agree upon a time for holding any joint session hereby required, or fail to continue the same from time to time until final action has been taken upon all such proposed laws pending before it, the governor shall call such joint session or continuance thereof. The final legislative action in such joint session upon any such proposed law shall be taken only by call of the yeas and nays, which shall be entered upon the journals of the two houses; and an unfavorable vote at any legislative stage preceding final action shall be verified by FRIDAY, OCTOBER 19, 1917. 365 call of the yeas and nays, to be entered in like manner. A pro- posed law introduced by initiative petition shall be voted upon in the form in which it was introduced, provided that it may be amended by vote of three-fourths of the members present and voting thereon in joint session, and any such vote shall be verified by call of the yeas and nays if called for by not less, than forty members. [B] A proposed law introduced by recommendation of the governor shall be voted upon either in the form in which it was originally recommended or in such amended form as the governor may by message approve or substitute. "If any such proposed law shall receive in such joint session Mr. Anderson, the affirmative votes of at least one-fourth of all the mem- amendment. bers present and voting thereon, such fact shall be certified by the clerk of such joint convention to the secretary of the commonwealth, and said secretary shall submit such proposed law to the people at the next state election [C], provided that in the case of a law recommended by the governor a certificate shall be filed by the governor with the secretary of the common- wealth not later than said first Wednesday in August calling for such submission; and if such proposed law shall be approved by voters voting thereon at least equal in number to thirty per cent of the voters voting at such election, and also by a majority of the voters voting on such proposed law, then such proposed law shall become law, and shall take effect in thirty days after such state election, or at such time after such election as may be pro- vided in such law." Mr. Loring of Beverly moved that the amendment moved by Mr. Loring, Mr. Anderson be amended by the substitution of the following : That the resolution be amended by striking out, in lines 55 to 57, the words "and if the general court into which it is intro- duced fails to enact such law", and inserting in place thereof the words "or as amended by a vote of three-quarters of the members present and voting in each branch. If of the members present and voting one-third of the house and one-fourth of the senate vote for such enactment, but enactment fails". Mr. Youngman of Boston moved that the amendment moved ^ by Mr. Anderson be amended as follows : By striking out, at "A", the words "or if a proposed law is introduced into the general court by recommendation of the governor by message,"; By striking out, at " B ", the words " A proposed law intro- duced by recommendation of the governor shall be voted upon either in the form in which it was originally recommended or in such amended form as the governor may by message approve or substitute."; and By striking out, at "C", the words ", provided that in the case of a law recommended by the governor a certificate shall be filed by the governor with the secretary of the commonwealth not later than said first Wednesday in August calling for such submission". After debate the amendments moved by Mr. Youngman were adopted, by a vote of 129 to 80. 366 JOURNAL OF THE CONVENTION, Adjournment. ]y[ r Mancovitz of Boston then moved that the Convention adjourn; and this motion prevailed. Accordingly, at three minutes after one o'clock, the Conven- tion adjourned, to meet on Tuesday next at half-past ten o'clock A.M. TUESDAY, OCTOBER 23, 1917. 367 TUESDAY, October 23, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. John L. Kilbon of Springfield, a member of the Convention. Extension of Time for Certain Reports. On motion of Mr. Thompson of Haverhill, Ordered, That the committees on Amendment and Codification Reports of of the Constitution, State Administration, and State Administra- SSST3 ~" tion and the Executive (sitting jointly) be granted until Tuesday, time - October 30, in which to report on matters before them. Leave of Absence. On motion of Mr. Washburn of Worcester, Voted, That Mr. Hart of Cambridge be granted leave of ab- Albert Bushneii sence, under Rule 13, for two weeks, on account of illness in his Hart - family. Communication from Delegate Herbert E. Cummings. A communication from Delegate Herbert E. Cummings of Herbert E. North Brookfield, addressed to the President, conveying to the members of the Convention sincere thanks for their kind expres- sion of sympathy, and stating that Mr. Cummings was con- valescing and hoped soon to be able to attend the sessions of the Convention, was read; and the communication was placed on file. Support of the Second Liberty Loan. The following order, offered by Mr. Michelman of Boston, second Liberty was considered: - ISSmtom* Whereas, The President of the United States by proclamation over has set aside the twenty-fourth day of October as Liberty Day; and Whereas, In accordance with said Proclamation His Excel- lency the Governor of this Commonwealth has set aside the same day for the purpose of allowing the citizens of this Common- wealth to advance the success of the Second Liberty Loan; and Whereas, By said proclamation His Excellency the Governor has suggested that the people of this Commonwealth, in so far as possible, desist from their regular employment and aid the gov- ernment in its need; therefore be it Resolved, That the delegates of this Convention, in accordance with said proclamations of the President and of His Excellency the Governor, devote the said twenty-fourth day of October to arousing the people of this Commonwealth to respond to the call 368 JOURNAL OF THE CONVENTION, Quorum. Mr. Parkman, amendments. of our country in subscribing for the Second Liberty Loan; and it is hereby Ordered, That, when the Convention adjourns to-day, it ad- journ to meet on Thursday, October 25. Mr. Glazier of Hudson doubted the presence of a quorum; and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. On the appearance of a quorum Mr. Parkman of Boston moved that the order be amended by striking out the last two paragraphs thereof, and inserting in place thereof the following: Resolved, That the delegates of this Convention, in accordance with said proclamations of the President and of His Excellency the Governor, adjourn and devote themselves to arousing the people of this Commonwealth to respond to the call of our country in subscribing for the Second Liberty Loan; and it is hereby Ordered, That, if the Convention is in session at one o'clock P.M. on Wednesday, October 24, the President shall declare an adjournment until Thursday, October 25. There being no objection Mr. Michelman accepted, as a part of his order, the amendments moved by Mr. Parkman. After debate the order, as thus modified, was rejected. " Biennial Elections and Sessions of the Legislature". Adjournment, after final action on the initiative and referendum, until 1918. President Bates, amendment. Printing of a Bulletin. Mr. Hall of Taunton being in the chair, the following order, offered by Mr. Newton of Everett, was referred, under the pro- visions of a standing order, to the committee on Rules and Procedure: Ordered, That the Secretary of the Convention be instructed to replace, for the members of the Convention and for the public, Bulletin No. 9, on "Biennial Elections and Sessions of the Legis- lature", with a new edition under the same title, to include the present edition and the material printed as Convention Docu- ment No. 355, and also a bibliography of the subject in the legis- lative reference library. Taken from the Table. On motion of Mr. Bates of Brookline the following order was taken from the table : Ordered, That the Convention continue in session until final action has been taken on the Resolution to provide for establish- ing the initiative and referendum, and that it then adjourn, and shall be called by the President or Secretary of the Conven- tion to meet within one week after the prorogation of the General Court of 1918. Pending the recurring question on the adoption of the order Mr. Bates modified his pending amendment, there being no objection, so as to read as follows: " Whereas, A majority of the members of the Convention have indicated their belief that the remaining business before them cannot be satisfactorily completed during the present calendar year; and TUESDAY, OCTOBER 23, 1917. 369 Whereas, The Convention has now been in continuous session for a length of time exceeding that anticipated by any of its members, many of whom find it necessary to devote themselves for a period to their business [A] and professional duties; and Whereas, There is no measure undisposed of that may properly be termed an emergency measure; and Whereas, It will now be impossible to place upon the ballot at the November election any other resolutions of amendment than those already favorably acted upon; and Whereas, The Convention has the unquestioned power to ad- journ from time to time at its pleasure, as recognized in the Convention Act; now, therefore, be it Ordered, That the sessions of the Convention continue until Friday, November 23, and that, if all its business be not then disposed of, it adjourn until called by the President or Secretary to meet not later than within ten days after the prorogation of the General Court of 1918; and until the time of such adjourn- ment on November 23 the Resolution to provide for establishing the initiative and referendum shall, whenever upon the Calendar, take precedence over all other matters in the Orders of the Day, except as otherwise provided in the rules of the Convention; and provided that, in case final action has not been taken on the said resolution on or before the said 23rd day of November, the ses- sions of the Convention shall continue until such final action has been taken, and upon the taking of such final action the Conven- tion shall adjourn subject to call by the President or Secretary as aforesaid. After debate Mr. Fisher of Westford moved that the amend- ment be amended, in the second paragraph thereof, by striking out, at "A", the words "and professional", and inserting in place thereof the words ", professional, public and patriotic". There being no objection Mr. Bates accepted, as a part of his amendment, the amendment moved by Mr. Fisher. After further debate the amendment moved by Mr. Bates, as thus modified, was adopted; and the order, as thus amended, was adopted. On motion of Mr. Buttrick of Lancaster the following order (offered by Mr. Besse of Newburyport) was taken from the table: Ordered, That, after the final disposition of the amendments Adjournment that are to go on the ballot this year, nothing be considered but the initiative and referendum; and that, after this amendment has been finally acted upon, the Convention adjourn until the first Tuesday of June, 1918. The order was then rejected. Special Committee to Consider Changes Wrought by the War. The consideration of the following order, offered by Mr. Adams of Quincy, was postponed until the next session, on motion of that member: Ordered, That, this Convention having voted to adjourn until next spring, previous to its adjournment the President shall ap- hanges' point a committee of not more than 15 nor less than 12 members, JJe WM* by 370 JOURNAL OF THE CONVENTION, Committee on Rules and Procedure, revision of rules during Initiative and referendum. Amendments rejected. Mr. Quincy, amendment. who shall proceed during the recess to consider, so far as time will permit, 1. The economic, social and legal changes which have been already wrought in our domestic and foreign relations by the present war, together with those of the greatest importance which seem likely soon to supervene; 2. If, by their labors, the committee shall reach the conclusion that, by some comprehensive treatment of the whole of our con- stitutional law, not only that which is contained in the Consti- tution itself, but also that which is to be drawn from the judicial interpretation which the same has received, it may be possible for said committee to develop some cohesive plan by which the people of this Commonwealth shall be placed in a position to deal more effectively with the increasingly strenuous pressure of mod- ern competition than they otherwise could, then the committee shall report the same to this Convention so soon as it shall re- convene, and the Convention shall forthwith proceed to deliberate upon the same; 3. The committee shall be empowered to ask from the General Court an appropriation sufficient to pay for the necessary ex- pense which the committee shall incur in the performance of its functions. Revision of the Rules of the Convention. The consideration of the following order, offered by Mr. Besse of Newburyport, was postponed until the next session, at the request of Mr. Jones of Melrose: Ordered, That the committee on Rules and Procedure be instructed to improve, revise, amend or form new rules that will tend to expedite the proceedings of this Convention, said com- mittee to meet during the term of adjournment and to report immediately upon the reconvening of the Convention and this committee be and hereby is instructed to embody in their new set of rules the abolishment of the Committee of the Whole. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to provide for establishing the initiative and referendum (Doc. No. 359, amended), being the unfinished busi- ness of the last session, was considered further, the main question being on ordering it to a second reading. The amendment previously moved by Mr. Loring of Beverly to the amendment previously moved by Mr. Anderson of New- ton was rejected, by a vote of 70 to 100. The amendment previously moved by Mr. Anderson was also rejected. Mr. Quincy of Boston moved that the resolution be amended by inserting, after line 82, the following paragraph, with the heading "Conflicting and Alternative Measures": "The general court by resolve passed by yea and nay vote either by the two houses sitting separately, or by a majority TUESDAY, OCTOBER 23, 1917. 371 of those present and voting thereon in joint convention held as herein provided, may provide for grouping and designating upon the ballot either as conflicting measures or as alternative meas- ures, only one of which is to be adopted, any two or more proposed constitutional amendments, or any two or more proposed laws, which have been or may be passed or qualified for submission to the people at any one election, under the provisions of this amendment or otherwise; but a proposed con- stitutional amendment and a proposed law shall not in any case be so grouped. " The general court may by resolve passed as aforesaid provide Mr. Quincy, for the submission to the people of a substitute for any measure amendment - introduced by initiative petition which has been or may be passed or qualified for submission to the people as herein pro- vided, the same to be designated on the ballot as the legislative substitute for such an initiative measure and to be grouped with the same as an alternative therefor. "The ballot shall afford an opportunity to the voter to vote for or against each of the measures so grouped as conflicting or as alternatives. In case more than one of the measures so grouped shall receive the vote required for its approval as herein provided, only that one of the same for which the largest affirma- tive vote was cast shall be deemed to be approved. In the case of two measures so grouped as alternatives if neither shall re- ceive such required vote but the aggregate affirmative vote cast for both of the same shall exceed the vote cast against either of the same, then that one of such measures for which the higher affirmative vote was cast shall again be placed upon the ballot at the coming state election, without being grouped with any other measure, and if approved by the voters by the vote herein required for the approval of a constitutional amendment or of a law, as the case may be, shall be adopted and take effect as herein provided. "In case in any judicial proceeding any provisions of two or more constitutional amendments, or of two or more laws, approved by the people at the same election are held to be in conflict with each other, then the provisions contained in the constitutional amendment, or in the law, as the case may be, which received the largest number of affirmative votes at such election shall be deemed to govern." After debate Mr. Churchill of Amherst, there being no objec- tion, moved that the further consideration of this amendment be postponed until after the consideration of other amendments; and this motion prevailed. Mr. Swig of Taunton moved that the resolution be amended by inserting after the word "commonwealth", in line 111, the words "i and no law relating to religion, religious practices or religious institutions". After debate this amendment was adopted. Mr. Walker of Brookline moved that the resolution be amended J^endment by inserting, after line 109, the following paragraph: - "If the general court fails to agree to pass a proposed law before the first Wednesday of June, the first ten signers of the 372 JOURNAL OF THE CONVENTION, Mr. Kilbon, amendment. Mr. Swig, - amendment. Mr. Luce, - amendment. Second Liberty Loan, adjournment >ver Recess. Quorum. initiative petition therefor, or a majority of them, shall have the right, subject to certification by the attorney-general filed as hereinafter provided, to amend the measure which is the subject of such petition. An amendment so made shall not invalidate any signature attached to the petition. If the measure so amended, signed by such first ten signers or a majority of them, is filed with the secretary of the commonwealth before the first Wednesday of the following July, together with a certificate signed by the attorney-general to the effect that the amendment made by such proposers is in his opinion perfecting in its nature and does not materially change the [A] substance of the measure, then the secretary of the commonwealth shall submit the measure to the people in its amended form; in case of failure to file such amended measure, together with such certificate, he shall submit the measure in its original form." After debate Mr. Kilbon of Springfield moved that this amend- ment be amended by striking out, at "A", the word "substance", and inserting in place thereof the words "purpose and scope". After further debate the amendment moved by Mr. Kilbon was rejected; and the amendment moved by Mr. Walker was adopted, by a vote of 98 to 60. Mr. Swig of Taunton moved that the resolution be amended by inserting after the word "institutions," in line 179, the words ", and no law relating to religion, religious practices or religious institutions". This amendment was adopted. Mr. Luce of Waltham moved that the resolution be amended by striking out, in line 178, the words "of any", and inserting in place thereof the words "for any". After debate, the President having resumed the chair, Mr. Powers of Newton moved that the resolution be laid on the table; and this motion prevailed. Support of the Second Liberty Loan. The following motion, offered by Mr. Powers of Newton, was considered : Whereas, Wednesday, October 24, is officially proclaimed by the President of the United States and by the Governor of this Commonwealth as set apart for all patriotic citizens to devote their time and energies to the promotion of the Second Liberty Loan; therefore, it is hereby Moved, That, when this Convention adjourns to-day, it ad- journ to meet on Thursday next. After debate the motion was adopted. Recess. At two minutes before one o'clock, on motion of Mr. Brown of Brockton, a recess was taken until two o'clock; at which hour the Convention reassembled. Quorum. The President requested the Sergeant-at-Arms to secure the attendance of a quorum. TUESDAY, OCTOBER 23, 1917. 373 Taken from the Table. On the appearance of a quorum the Resolution to provide initiative and for establishing the initiative and referendum (Doc. No. 359, referendum - amended) was taken from the table, on motion of Mr. Davis of Cambridge, and considered, the main question being on ordering it to a second reading. After debate the pending amendment moved by Mr. Luce of Waltham was adopted, by a vote of 92 to 85, as follows: Striking out, in line 178, the words "of any", and inserting in place thereof the words "for any". Mr. Quincy of Boston moved that the resolution be amended by inserting after the word "provided,", in line 128, the words "that the governor may, at any time before the election at which it is to be submitted to the people on referendum, declare any law to be an emergency measure hereunder by filing with the secretary of the commonwealth a statement setting forth the facts constituting the emergency, and that in his opinion the immediate preservation of the public peace, health, safety or convenience require that such law should go into operation forthwith, then such law, if not previously suspended as herein- after provided, shall take effect without suspension, or if such law has been so suspended such suspension shall thereupon terminate and such law shall thereupon* go into effect: and provided, further,". After debate this amendment was rejected, by a vote of 84 to 91. Mr. William H. Sullivan of Boston moved that the resolution Mr. Sullivan, be amended by adding at the end thereof the following: amendment. "The power of initiative and referendum may be exercised as hereinafter provided: " Amendments to the Constitution. If an initiative petition for any specific and particular amendment to the constitution is in- troduced into the general court in the manner hereinafter pro- vided, signed by not less than ten state senators or ex-senators and fifty representatives or ex-representatives of the common- wealth, and the general court into which it is introduced shall fail to agree to such amendment in the manner provided in the ninth article of amendment to the contitution, such amendment shall nevertheless be deemed to be referred to the next general court and shall have the same standing therein as if once agreed to; and if such next general court shall fail before the first Wednesday of June to agree to such amendment in the manner provided in such ninth article, and if such initiative petition is completed by filing with the secretary of the commonwealth, not earlier than the first Wednesday of the following July nor later than the first Wednesday of the following August, not less than two additional signatures of such senators or ex-senators and ten representatives or ex-representatives, then the secretary of the commonwealth shall submit such proposed amendment to the people at the next state election; and if it shall be approved by a majority of the qualified voters voting thereon, such 374 JOURNAL OF THE CONVENTION, amendment shall become part of the constitution of this corn- Mr Sullivan - monwea l tn ' amendment.' " Laws. If an initiative petition for a law is introduced into the general court in the manner hereinafter provided, signed by not less than five state senators or ex-senators and twenty-five representatives or ex-representatives of the commonwealth, and the general court into which it is introduced fails to enact such law before the first Wednesday of June; and if such initiative petition is completed by filing with the secretary of the common- wealth, not earlier than the first Wednesday of the following July nor later than the first Wednesday of the following August, not less than two additional signatures of such senators or ex-senators and five representatives or ex-representatives, then the secretary of the commonwealth shall submit such proposed law to the people at the next state election; and if it shall be approved by a majority of the qualified voters voting thereon, such proposed law shall, subject to the provisions of the con- stitution, become law, and shall take effect in thirty days after such state election or at such time after such election as may be provided in such law." After debate this amendment was rejected. r ameSmenf 8> Mr. Cummings of Fall River moved that the resolution be amended by inserting, after line 112, the following paragraph: "No law or amendment to the constitution relating to the appointment, qualification, tenure, or removal or compensation of judges; or relating to the recall of judges or judicial decisions; or relating to the [A] creation or abolition of courts, shall be the subject of such initiative petition." After debate Mr. Dutch of Winchester moved that the amend- ment be amended by inserting, at "A", the word "powers,". After further debate Mr. Cummings, there being no objection, accepted, as part of his amendment, the amendment moved by Mr. Dutch. The question was then put on the amendment, as thus modi- fied, and 135 members voted in the affirmative and 99 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 142 members voted in the affirmative and 111 in the negative, as follows : . YEAS. Messrs. Adams, Charles Francis Messrs. Boyer, Elmer E. Adams, Scott Brackett, John Q. A. Bailey, Charles O. Brine, Henry C. Balch, Francis N. Brown, Samuel F. Ballantyne, John Bruce, Charles Bangs, Francis R. Bryant, Lincoln Barnes, George L. Burns, William A. Bassett, Edmund Buttrick, Allan G. Besse, Harold A. Chandler, Leonard B. Bicknell, Wallace H. Chase, Mial W. Blackmur, Paul R. Choate, Charles F., Jr. Bodfish, John D. W. Churchill, George B. Boucher, Joseph Zoe'l Clapp, Robert P. Bouv6, Walter L. Clark, Chester W. Boy den, Frank L. Codman, James M., Jr. TUESDAY, OCTOBER 23, 1917. 375 Messrs. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Coombs, Zelotes W. Costello, Francis M. Crafts, Lyman A. Crossley, William Cyril Cummings. John W. Curtis, Edwin U. Dale, George H. Daly, John W. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Fraser, Eugene B. French, Asa P. Frost, Archie N. Gates, Joseph S. Gay lord, Hemy E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Granfield, William J. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Harrington, Patrick H. Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kneil, Arthur S. Lane, Daniel W. Langelier, Louis F. R. Leboeuf, Telesphore Leonard, Joseph J. Logan, James Look, William J. Messrs. Loring, Augustus P. Love, Joseph A. Lowe, Arthur H. Lowell, James A. Luce, Robert Lufkin, Will:red W. Lummus, Henry T. Lynch, John C. MacMaster, Edward A. McAnarney, John W. McLaud, Abner S. Merriam, John M. Michelman, Joseph Mitchell, Charles Montague, David T. Morton, James M. Nutting, Edward H. Parker, Herbert Parkman, Henry Peirce, Albion G. Pillsbury, Albert E. Putnam, Harry B. Quinn, Timothy F. Reidy, Michael J. Richardson, Edward A. Rieutord, Louis O. Robbins, Edward J. Saunders, Amos T. Shea, John M. Smith, Jerome . Sparrell, Ernest H. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweet, Joseph L. Talbot, Harry R. Tatman, Charles T. Thompson, Hubert 'C. Thompson, John L. Tilton, Rufus H. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Winslow, Guy M. Wood, Charles J. Youngman, William S. NAYS. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Avery, Nathan P. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Messrs. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bigney, Robert E. Bolster, Percy G. Bowen, Patrick Brennan, James H. Brennan, James J. 376 JOURNAL OF THE CONVENTION, Messrs. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Crosby, J. Howell Daley, Peter Dean, Robert A. Delaney, Louis F. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kenny, Herbert A. Kilbon, John L. Lane, Dwight F. Lomasney, Martin M. Maguire, James E. Mahoney, John J. Mancovitz, David 142 yeas; Messrs. Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. Merrill, George Frye Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Ray, Herbert L. Ross, Samuel Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Stoeber, Charles Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Swig, Louis Theller, Ralph L. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Whitehead, James 111 nays. Mr. Cummings, Therefore the amendment moved by Mr. Cummings was 3nt ' adopted, as follows: Inserting, after line 112, the following para- graph: "No law or amendment to the constitution relating to the appointment, qualification, tenure, or removal or compensation of judges; or relating to the recall of judges or judicial decisions; or relating to the powers, creation or abolition of courts, shall be the subject of such initiative petition." Adjournment. Mr. Youngman of Boston then moved that the Convention adjourn; and this motion prevailed. Accordingly, at eleven minutes after four o'clock, the Con- vention adjourned, to meet on Thursday next at half-past ten o'clock A.M. THURSDAY, OCTOBER 25, 1917. 377 THURSDAY, October 25, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Harry Lutz of Newton. Leave of Absence. On motion of Mr. Flynn of Maiden, Ordered, That Mr. Hawley of Maiden be granted leave of absence, under Rule 13, from October 23 to November 9, in- clusive, in order that he may attend to duties in connection with the War Camp Community Recreation Bureau. On motion of Mr. McAnarney of Quincy, Ordered, That Mr. Langelier of Quincy be granted leave of absence on October 25 and 26, in order that he may attend the Rhode Island State Teachers' Convention, and on November 1 and 2, in order that he may attend the Worcester County Teachers' Convention. Publication of an Address to the People. Mr. Luce of Waltham, for the committee on Rules and Pro- Address to cedure (sitting jointly with the committee on Amendment and JJjatLvJto Codification of the Constitution), who were authorized to report amendment as to the best method of proceeding to revise, alter or amend the Constitution, reported recommending the following address to the people and the adoption of the following order: To the People of Massachusetts: The Constitutional Convention assembled by your direction and composed of your delegates has adopted three amendments to the Constitution for sub- mission to you at the coming state election. These amendments have received careful and deliberate consideration; we believe them to be wise and salutary, and we recommend them for your approval. The first amendment would authorize the Legislature to provide that citi- zens absent from home on election day might nevertheless exercise the right of suffrage. It is estimated that 20,000 railway men, traveling men, and others now lose their votes through inability to go to the polls. Furthermore, many thousands of young men will be deprived of the ballot while in the military or naval service of their country, unless the Legislature is enabled by this amendment to provide for receiving their votes. The second amendment guarantees the free exercise of religion; one section especially protects those who may be inmates of penal or charitable institu- tions. It prevents the appropriation of public money in aid of religious, chari- table, benevolent, educational, or other institutions not wholly under public control, but it permits the continuance of payments from the public treasury for the support in private institutions of persons who are public charges, and also allows appropriations for the maintenance of free public libraries and of the Soldiers' Home. Neither in purpose nor in effect is it hostile to religion, education, or philanthropy. In framing this amendment we have merely car- ried principles that have been developing through our entire history to the point of a broad general policy, that public money shall be used only for 378 JOURNAL OF THE CONVENTION, Committee on Rules and Procedure, revision of rules during the recess. Mr. Bennett, amendment. public purposes, for the support of public institutions and no others. We be- lieve this policy to be sound in itself; we know that it is satisfactory to men of very diverse views. The large majority by which the Convention approved this amendment, 275 to 25, and the mutual understanding and good-will developed during its consideration, warrant our confidence that its ratification at the polls will tend to the highest good of the Commonwealth. The third amendment is meant to remove the restrictions that have stood in the way of using the powers of State and municipality, in a time of emergency like the present, to secure to the people at reasonable cost food and other neces- saries of life, or to provide shelter if required by such a calamity as a conflagra- tion. As the new powers thus allowed to the Legislature can be used only under the exceptional conditions of urgent necessity or serious distress, their grant to the representatives of the people threatens no permanent invasion of the field of private enterprise, but promises certain forms of temporary relief hitherto precluded. Before our labors are ended, we undoubtedly shall submit for your approval other important proposals, now maturing; we are confident you will wish us to use all necessary time and care in perfecting them. These three amend- ments we submit at once, partly because of their pressing nature or other weighty considerations, partly as an earnest of our zeal in the performance of the duty you have imposed on us. We indulge the hope that your approval of these measures and of others to come from us will result in making our Com- monwealth still more conspicuous as an example of prudent progress in the development of institutions to promote the safety, happiness, and advance- ment of mankind, thus setting an example that may encourage and help the peoples now struggling to achieve the ordered liberty we have found so precious. Ordered, That the Secretary of the Commonwealth be directed to publish the accompanying address to the people at the same time and in such manner as is provided by section 269 of Chapter 835 of the Acts of 1913 for publishing the question of the ap- proval and ratification of proposed amendments to the Consti- tution. The reading of the report (Doc. No. 366) was dispensed with, on motion of Mr. Parkman of Boston; and it was considered forthwith. Mr. Brown of Brockton then moved that the further considera- tion of the report be postponed until the next session; and after debate this motion was adopted. Revision of the Rules of the Convention. The following order, offered by Mr. Besse of Newburyport, the consideration of which was postponed from the last session, was considered. Ordered, That the committee on Rules and Procedure be in- structed to improve, revise, amend or form new rules that will tend to expedite the proceedings of this Convention, said com- mittee to meet during the term of adjournment and to report immediately upon the reconvening of the Convention and this committee be and hereby is instructed to embody in their new set of rules the abolishment of the Committee of the Whole. Mr. Bennett of Saugus moved that the order be amended by striking out, at the end thereof, the words "and this committee be and hereby is instructed to embody in their new set of rules the abolishment of the Committee of the Whole". After debate Mr. Besse, there being no objection, accepted this amendment of his order. The order, as thus modified, was then adopted. THURSDAY, OCTOBER 25, 1917. 379 Special Committee to Consider Changes Wrought by the War. The following order, offered by Mr. Adams of Quincy, the consideration of which was postponed from the last session, was considered: Ordered, That, this Convention having voted to adjourn until next spring, previous to its adjournment the President shall ap- changes point a committee of not more than 15 nor less than 12 members, the ^* bs who shall proceed during the recess to consider, so far as time will permit, 1. The economic, social and legal changes which have been already wrought in our domestic and foreign relations by the present war, together with those of the greatest importance which seem likely soon to supervene; 2. If, by their labors, the committee shall reach the conclusion that, by some comprehensive treatment of the whole of our con- stitutional law, not only that which is contained in the Consti- tution itself, but also that which is to be drawn from the judicial interpretation which the same has received, it may be possible for said committee to develop some cohesive plan by which the people of this Commonwealth shall be placed in a position to deal more effectively with the increasingly strenuous pressure of mod- ern competition than they otherwise could, then the committee shall report the same to this Convention so soon as it shall re- convene, and the Convention shall forthwith proceed to deliberate upon the same; 3. The committee shall be empowered to ask from the General Court an appropriation sufficient to pay for the necessary ex- pense which the committee shall incur in the performance of its functions. After debate Mr. Washburn of Middleborough moved that the order be referred to the committee on Rules and Procedure; and this motion, after debate, was negatived, by a vote of 70 to 93. Mr. Pillsbury of Wellesley moved that the order be amended by striking out the last paragraph thereof. After debate this amendment was adopted. The question was then put on the adoption of the order, as amended, and 83 members voted in the affirmative and 85 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. White of North Brookfield; and on the roll call 111 members voted in the affirmative and 131 in the negative as follows: YEAS. Messrs. Adams, Brooks Messrs. Bigney, Robert E. Adams, Charles Francis Bolster, Percy G. Adams, Smith J. Bouve", Walter L. Aylward, James F. Boyden, Frank L. Balch, Francis N. Brackett, John Q. A. Barrett, James T. Brooks, George F. Bauer, Ralph S. Brown, E. Gerry Bicknell, Wallace H. Buck, Maurice A. 380 ^ JOURNAL OF THE CONVENTION, Messrs. Bullock, William J. Burrell, Fred J. Clapp, Robert P. Codman, James M., Jr. Coleman, George W. Coogan, Clement F. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Crossley, William Cyril Dale, George H. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Derbyshire, James H. Donovan, Daniel R. Doran, James P. Dresser, Frank F. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flye, Louis Edwin Gallagher, Daniel J. Good, John P. Green, Thomas H. Hale, Matthew Hall, Frederick S. Hall, Isaac Freeman Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Hutchings, Henry M. Johnson, Charles R. Jones, George R. Keliher, John A. Kelley, George W. Kelly, Luke L. Kenny, Herbert A. Kilbon, John L. Loring, Augustus P. Love, Joseph A. Luce, Robert Messrs. Bailey, Charles O. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates, Sanford Begley, John S. Bennett, Frank P. Besse, Harold A. Bodfish, John D. W. Bosworth, Henry H. Boucher, Joseph Zoe'l Messrs. MacMaster, Edward A. Maguire, James E. Mancovitz, David McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Mitchell, Charles Moriarty, James T. Moynihan, James J. Myron, John F. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Pillsbury, Albert E. Powers, Samuel L. Quincy, Josiah Quinn, Timothy F. Ross, Samuel Scigliano, Alfred P. Shaw, Michael F. Shea, John T. Sherburne, Nelson Sparrell, Ernest H. Sullivan, William J. Sweet, Joseph L. Talbot, Harry R. Thompson, Hubert C. Trefry, William D. T. Underbill, Charles L. Walcott, Robert Walker, Joseph Washburn, Albert H. Webster, Francis E. Webster, George P. Weekes, George LeRoy Wellman, Arthur Holbrook White, John A. Whitehead, James Whittier, Eugene P. Willett, George Franklin Wing, Herbert NAYS. Messrs. Boyer, Elmer E. Brennan, James J. Broderick, Patrick S. Brown, Samuel F. Bruce, Charles Bryant, Lincoln Burns, William A. Butler, A. Webster Buttrick, Allan G. Callahan, Timothy F, Chandler, Leonard B. Chase, Mial W. Churchill, George B. Clark, Chester W. Clark Ezra W. Coe, S. Hamilton THURSDAY, OCTOBER 25, 1917. 381 Collier, David R. Collins, Samuel I. Cook, Benjamin A. Coombs, Zelotes W. Costello, Francis M. Crafts, Lyman A. Craven, John H. Creed, James F. Crosby, J. Ho well Curtis, Edwin U. Cusick, John F. Davis, Elbridge G. Delano, Robert T. Donoghue, John A. Dutch, Charles Frederick Farns worth, Frank S. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Flaherty, William Fraser, Eugene B. Garland, Francis P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Graumann, John Haines, Benjamin F. Hale, Edward R. Hall, Elisha S. Hibbard, Charles E. Horgan, Francis J. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Lane, Dwight F. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Lowe, Arthur H. Lowell, James A. Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. Lynch, John C. . Mahoney, John J. Mansfield, John J. McAnarney, John W. McCarthy, Charles F. Merriam, John M. Michelman, Joseph Mitchell, John Montague, David T. Moore, Charles D. C. Moran, William Morton, James M. Murley, Joseph J. Nestor, Patrick F. Newton, H. Huestis Nutting, Edward H. Parker, Herbert Parkman, Henry Putnam, Harry B. Ray, Herbert L. Reidy, Michael J. Richardson, Edward A Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shanahan, William J. Shattuck, Josiah B. Shea, John M. Sheehan, Christopher A. Smith, Jerome S. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sullivan, Michael A. Sullivan, William H. Tatman, Charles T. Theller, Ralph L. Thompson, Edward Thompson, John L. Tilton, Rufus H. Turner, Joseph Walker, George Washburn, Charles G. Waterman, George B. Wheeler, William Williams, Fred Homer Winslow, Guy M. Wood, Charles J. Youngman, William S. Ill yeas; 131 nays. Therefore the order, as amended, was rejected. Orders of the Day. The Convention then proceeded to* the consideration of the Orders of the Day, Mr. French of Randolph being in the chair. The Resolution to provide for establishing the initiative and initiative and referendum (Doc. No. 359, amended), being the unfinished busi- re ness of the last session, was considered further, the main question being on ordering it to a second reading. 382 JOURNAL OF THE CONVENTION, Quorum. Mr. Balch,- amendment. ^ r - Harriman of New Bedford moved that the vote be recon- sidered by which the Convention, at the last session, adopted the amendment inserting, after line 112, the following paragraph: - "No law or amendment to the constitution relating to the appointment, qualification, tenure, or removal or compensation of judges; or relating to the recall of judges or judicial decisions; or relating to the powers, creation or abolition of courts, shall be the subject of such initiative petition." After debate Mr. Pillsbury of Wellesley moved, there being no objection, that the consideration of the motion to reconsider be postponed temporarily; .and this motion prevailed. After further debate Mr. Washburn of Middleborough moved that the amendment previously moved by Mr. Quincy of Boston be amended, in the third paragraph thereof, by inserting after the word "for", in line 2, the words "each of the measures or for only one of the measures, as may be provided by law,". Mr. Mahoney of Boston doubted the presence of a quorum; and the Chair (Mr. French) requested the Sergeant-at-Arms to secure the attendance of a quorum. On the appearance of a quorum, and after debate, Mr. Quincy, there being no objection, moved that the further consideration of his pending amendment be postponed until after the considera- tion of other amendments; and this motion prevailed. Mr. Balch of Boston then moved that the resolution be amended by adding at the end thereof the following paragraph, with the heading " Referendum Board ": 1. A referendum board is hereby established to consist of as many members as there may from time to time be congressional districts in the commonwealth, one member to be elected from each such district in such manner, and for such term of years not less than ten, as the legislature may from time to time determine, provided that nominations shall be without political designation. 2. No measure, whether originating in an initiative petition or in the legislature, shall be submitted to the people for direct popular vote unless it shall first have been submitted to the said board in such manner and at such time as the legislature may from time to time determine, and unless at least three- quarters of said board shall first have certified in writing sub- stantially as follows: " We, the undersigned members of the referendum board, certify that we have personally examined carefully and fully into the matter of a measure entitled (here giving the title of the meas- ure) submitted to us as the proposed subject of a popular vote, and without regard to our individual political, racial, religious or economic views or affiKations we express our opinion as fol- lows : 1. It contains no self -contradictory or inconsistent provi- sions. 2. It contains nothing contradictory of, or inconsistent with, existing laws which does not clearly appear on its face. 3. It is not contradictory of, or inconsistent with, any other THUKSDAY, OCTOBER 25, 1917. 383 measure which has been submitted to us to be voted on at the same election; or if so contradictory or inconsistent then is ca- pable of being arranged as an alternative measure in the manner hereafter pointed out. 4. It is as clearly and briefly expressed as is reasonably practicable. 5. It is not misleading in its title or phraseology. 6. It and its title are so expressed as not to give unfair ad- vantage to either the affirmative or the negative. 7. It touches only one subject; or subjects so related as not fairly to require separation. 8. It touches a matter which has been publicly discussed, whether in the press or elsewhere, to such an extent, or for such a time, that a popular vote upon it is likely to be reasonably well-informed. 9. It touches a matter of such large and general public interest as renders it probable that not less than two-thirds of the regis- tered voters will act upon it. 10. It contains nothing which requires a special technical edu- cation, as distinguished from a good general education, for its understanding; and contains nothing which requires the sifting of bulky and conflicting evidence of technical facts for its decision. 11. (Here the board may, if it sees fit, give brief reasons for any adverse decisions, with or without suggestions for possible improvement or for the arrangement of conflicting measures as alternatives, and the like; the minority of the board, if any, hav- ing a like privilege). At three minutes before one o'clock, on motion of Mr. George Recess, of Haverhill, a recess was taken until two o'clock; at which hour the Convention reassembled. The President requested the Sergeant-at-Arms to secure the Quorum, attendance of a quorum. Soon afterward Mr. Hall of Taunton moved that the roll be called, to ascertain if a quorum was present; and this motion prevailed. The roll was then called; and 185 members answered to their names, as follows: Messrs. Adams, Brooks Messrs. Bicknell, Wallace H. Adams, Charles Francis Bodfish, John D. W. Adams, Smith J. Bolster, Percy G. Anderson, Frederick L. Bosworth, Henry H. Aylward, James F. Boucher, Joseph Zoe'l Bailey, Charles O. Bouve", Walter L. Balch, Francis N. Boyden, Frank L. Ballantyne, John Boyer, Elmer E. Bangs, Francis R. Brackett, John Q. A. Barnes, George L. Brennan, James J. Barrett, James T. Brine, Henry C. Bartlett, Horace I. Broderick, Patrick S. Bassett, Edmund Brooks, George F. Batchelder, Albert W. Brown, E. Gerry Bates, John L. Brown, Samuel F. Bennett, Frank P. Bruce, Charles Bergengren, Roy F. Bryant, Lincoln Besse, Harold A. Bullock, William J. 384 JOURNAL OF THE CONVENTION, Messrs. Burns, William A. Butler, A. Webster Buttrick, Allan G. Callahan, Timothy F. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Coleman, George W. Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Coombs, Zelotes W. Corrigan, Robert S. Costello, Francis M. Crafts, Lyman A. Craven, John H. Creamer, Walter H. Creed, James F. Crosby, J. Howell Crossley, William Cyril Cummings, John W. Curtis, Edwin U. Dale, George H. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Delano, Robert T. Derbyshire, James H. Donovan, Daniel R. Doran, James P. Dresser, Frank F. Driscoll, Dennis D. Driscoll, Timothy J. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fitz-Randolph, Reginald T. Fraser, Eugene B. French, Asa P. Garland, Francis P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddmgs, Charles Glazier, Frederick P. Good, John P. Granfield, William J. Graumann, John Hale, Matthew Hall, Elisha S. Hall, Frederick S. Harding, Clarence W. Harriman, Arthur N. Hibbard, Charles E. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Hutchings, Henry M. Johnson, Charles R. Jones, George R. Messrs. Kelley, George W. Kenefick, Thomas W. Kenny, Herbert A. Kilbon, John L. Kinney, William S. Lane, Daniel W. Lane, Dwight F. Larson, Charles G. Leonard, Joseph J. Logan, James Lomasney, Martin M. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lyman, Frank E. Lynch, John C. Mac Master, Edward A. Mahoney, John J. McAnarney, John W. McCormack, John W. McLaud, Abner S. Merrill, George Frye Mitchell, John Moore, Charles D. C. . Moran, William Moriarty, James T. Morton, James M. Moynihan, James J. Myron, John F. Nestor, Patrick F. Newton, H. Huestis O'Connell, John J. O'Connell, Joseph F. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Pillsbury, Albert E. Putnam, Harry B. Quincy, Josiah Ray, Herbert L. Richardson, Edward A. Richardson, James P. Rieutord, Louis O. Robinson, George H. Ross, Samuel Saunders, Amos T. Shanahan, William J. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Smith, Jerome S. Sparrell, Ernest H. Sullivan, Edmund G. Sullivan, William H. Sweet, Joseph L. Thompson, Edward Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Turner, Joseph Twomey, John C. Underbill, Charles L. Walcott, Robert THURSDAY, OCTOBER 25, 1917. 385 Messrs. Walker, George Walker, Joseph Washburn, Albert H. Waterman, George B. Webster, Francis E. Webster, George P. Wheeler, William White, John A. Whitehead, James Messrs. Whittier, Eugene P. Williams, Fred Homer Wilson, William H. Wing, Herbert Winslow, Guy M. Wonson, Carlton W. Wood, Charles J. Youngman, William S. Therefore it appeared that a quorum was then present. The pending amendment, moved by Mr. Balch of Boston, was Mr. Balch, ,, . amendment. then rejected. Mr. Churchill of Amherst moved that the resolution be amended by striking out, in lines 164 and 165, the words "or part thereof". After debate this amendment was adopted. The amendment previously moved by Mr. Luce of Waltham, Mr. Luce, that the resolution be amended by adding at the end of line 111, w as amended, the words "or to an individual, association, or corporation", was considered. At the request of Mr. Youngman of Boston, there being no Motion to objection, the pending motion of Mr. Harriman of New Bedford r was first considered, being the motion that the vote be recon- sidered by which the Convention, at the last session, adopted the amendment inserting, after line 112, the following paragraph: "No law or amendment to the constitution relating to the appointment, qualification, tenure, or removal or compensation of judges; or relating to the recall of judges or judicial decisions; or relating to the powers, creation or abolition of courts, shall be the subject of such initiative petition." After debate the motion to reconsider was negatived, by a vote of 72 to 121. After debate on the foregoing amendment moved by Mr. Luce Mr. Luce, the question was put, and 110 members voted in the affirmative w and 104 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Creamer of Lynn; and on the roll call 123 members voted in the affirmative and 132 in the negative, as follows: YEAS. Messrs. Adams, Charles Francis Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Besse, Harold A. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Messrs. Bouve*, Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brooks, George F. Brown, Samuel F. Bryant, Lincoln Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. JOURNAL OF THE CON MM ION, M, Coll C C C Cr Codman. James M., Jr. Coo. S. Hamilton Collier, David R. Samuel L Clement F. enjamin A. , /olotw W. .vman A. Crosby. J. llowcll Orossley. William Cyril Curtis. KdwinV. Curtiss, Elmer L. JohnF. Dale. Cuvnse II. Davis. Davis, William R. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Fertvy. Irving D. Ferry. James R. Fisher, Edward FiU-Randolph, Reginald T. Fraser, Eugene B. French. Asa P. Gates. Jos, ' - Gaylord, Henry E. Georso. Samuel \V. Giddings, Charles Gleason. Nesbit C,. Hale, Edward R. Hall. F.Hsha S. Hall. Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutching. Henry M. Jones. George R." Kelley. Cuvrco W. Kenefick, Thomas W. Kilbon, John L. Kinney, William S. Lane, Daniel W. Logan, James I-orinj:. August us P. Lowe, Arthur H. Messrs. Unveil, .lames A. l.uee. Robert l.ufkin. \\illfrea W. Lnmmus, Henry T. 1 .yinan. Frank K. ^icAna^u\v. John W. Morriam. John M. Montague. Pavid T. Moore.' Charles D. C. Morton. James M. Parker. Cuvr^o S. Parker. Herbert Parkman. Henry Pillsbury. Albert K. Powers. Samuel 1.. Putnam, Harry \\. Ueidy. Michael J. Ixiehardson, Fihvard A. Uichardson. James P. Saunders. Amos V. Shattuek. Josiah B. Smith, Jerome S. Steams. Harry N. Stoncman. Havid SiUlivau, Edmund G. S'Wiv ' ,1 o-s 1 Tatman. Charles T. Thompson. Hubert C. Thompson. John L. Tilton. Rufus H. Trefry, William D. T. Turner, Joseph Underbill. Charles L. Walcott, Robert Washburn, Albert H. Waterman, George B. Weekes, George Lelloy Wellman, Arthur Holl Wheeler. William White. John A. Whitticr. Fucene P. Willett, George Franklin Williams, Fred Homer Wood, Charle Youngman, William S. NATS. Messrs. Adams, Brooks Adams, Smith J. Ayiwarxi. James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Borcencren. Kov F. BicknelL Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Boynton, Thomas J. Brennan, James H. James J. Brine, Henry C. Messrs. Broderick, Patrick S. Brown, E. Gerry Bruce, Charles Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Clark, Ezra W. Coakley, Daniel H. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. CosteUo, Francis M. Coughlan, Wilh'am J. Craven, John H. Creamer, Walter H. Creed, James F. THURSDAY, OCTOBER 25, 1917. was rejected. Mr. O'Connefl of Boston being in the chair, Mr. moved that the resolution be amended by uddf^g at fine 111, as amended, the words ", and no law catting for priation of money from the Ueasaii of the cept for purposes incidental to the After debate the sense of die Convention was taken by and nays, at the request of Mr. Creamer of Lynn; and oa the rofl call 115 members voted in the affirmative and 130 in the negative, as follows: 388 JOUKNAL OF THE CONVENTION, YEAS. Messrs. Adams, Charles Francis Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Besse, Harold A. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve*, Walter L. Boyer, Elmer E. Brackett, John Q. A. Brown, Samuel F. Bryant, Lincoln Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Coombs, Zelotes W. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Dellinger, Raymond P. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Fraser, Eugene B. Gates, Joseph S. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Messrs. Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Lane, Daniel W. Logan, James Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. Merriam, John M. Montague, David T. Moore, Charles D. C. Morton, James M. Parker, George S. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweet, Joseph L. Tatman, Charles T. Theller, Ralph L. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underhill, Charles L. Walcott, Robert Washburn, Charles G. Waterman, George B. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wood, Charles J. Youngman, William S. NAYS. Messrs. Adams, Smith J. Anderson, Frederick L. Aylward, James F. Messrs. Barrett, James T. Batchelder, Albert W. Bates, Sanford THURSDAY, OCTOBER 25, 1917. 389 Messrs. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Boynton, Thomas J. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bruce, Charles Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Clark, Ezra W. Coakley, Daniel H. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Delano, Robert T. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. Graumann, John Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Hoitt, Augustus J. Horgan, Francis J. Jones, George R. Keliher, John A. Kerr, Alexander Lane, Dwight F. Larson, Charles G. Messrs. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCormack, John W. Mclsaac, t>aniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Moran, William Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Sparrell, Ernest H. Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Talbot, Harry R. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Webster, Francis E. Whitehead, James Winslow, Guy M. Wonson, Carlton W. 115 yeas; 130 nays. Therefore the amendment was rejected. 390 JOURNAL OF THE CONVENTION, Motion to reconsider. Adjournment. Mr. Creamer of Lynn moved that the vote be reconsidered. Pending the question on this motion, Mr. Underbill of Somerville moved that the Convention ad- journ; and this motion prevailed. Accordingly, at twenty-one minutes after four o'clock (Mr. O'Connell of Boston being in the chair), the Convention ad- journed, to meet to-morrow at half-past ten o'clock A.M. FRIDAY, OCTOBER 26, 1917. 391 FRIDAY, October 26, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Roland D. Sawyer of Ware, a member of the Convention. Quorum. Mr. Lowe of Fitchburg moved that the roll be called, to ascer- Quorum, tain if a quorum was present; and this motion prevailed. The roll was called; and 187 members answered to their names, as follows : Messrs. Adams, Brooks Anderson, Frederick L. Aylward, James F. Bailey, Charles O. Bangs, Francis R. Barker, Warren S. Barnes, George L. Barrett, James T. Bassett, Edmund Batchelder, Albert W. Bates, John L. Bates, Sanford Bennett, Frank P. Bodfish, John D. W. Bolster, Percy G. Boucher, Joseph Zoel Boyer, Elmer E. Brackett, John Q. A. Broderick, Patrick S. Brooks, George F. Brown, E. Gerry Bryant, Lincoln Buck, Maurice A. Burns, William A. Burrell, Fred J. Butler, A. Webster Buttrick, Allan G. Callahan, Timothy F. Carr, Edward Chandler, Leonard B. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Coleman, George W. Collier, David R. Collins, Samuel I. Coogan, Clement F. Coombs, Zelotes W. Cooney, Charles P. Messrs. Corrigan, Robert S. Costello, Francis M. Crafts, Lyman A. Creamer, Walter H. Creed, James F. Crosby, J. Howell Crossley, William Cyril Cummings, John W. Curtis, Edwin U. Curtiss, Elmer L. Dale, George H. Daly, John W. Davis, Elbridge G. Day, Charles M. Dean, Robert A. Delaney, Louis F. Delano, Robert T. Derbyshire, James H. Doe, Orestes T. Donovan, James A. Doran, James P. Dresser, Frank F. Driscoll, Dennis D. Driscoll, Timothy J. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Flye, Louis Edwin Fraser, Eugene B. French, Asa P. Garland, Francis P. Gates, Joseph S. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Green, Thomas H. Hall, Elisha S. 392 JOURNAL OF THE CONVENTION, Messrs. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Hutchings, Henry M. Jones, George R. Keliher, John A. Kelley, George W. Kelley, Thomas R. Kelly, Luke L. Kenefick, Thomas W. Kenny, Herbert A. Kinney, William S. Lane, Dwight F. Leonard, Joseph J. Logan, James Lomasney, Martin M. Loring, Augustus P. Love, Joseph A. Lowe, Arthur H. Lowell, James A. Luce, Robert Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Mahoney, John J. Mansfield, John J. McAnarney, John W. McCarthy, Charles F. McKeon, Francis P. Merriam, John M. Merrill, George Frye Michelman, Joseph Mitchell, Charles Moran, William Moriarty, James T. Morrill, Charles H. Morton, James M. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newton, H. Huestis Nutting, Edward H. Messrs. O'Connell, John P. O'Connor, John D. Parker, Herbert Parkman, Henry Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Pillsbury, Albert E. Quincy, Josiah Quinn, Timothy F. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Ross, Samuel Saunders, Amos T. Sawyer, Roland D. Shattuck, Josiah B. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Smith, Jerome S. Smith, Rutherford E. Sparrell, Ernest H. Sullivan, Edmund G. Sweet, Joseph L. Tatman, Charles T. Theller, Ralph L. Thompson, Edward Thompson, Hubert C. Thompson, John L. Turner, Joseph Underbill, Charles L. Walcott, Robert Walker, George Walker, Joseph Washburn, Albert H. Washburn, Charles G. Webster, Francis E. Webster, George P. Weekes, George LeRoy Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Wing, Herbert Winslow, Guy M. Wonson, Carlton W. Therefore it appeared that a quorum was then present. Edward A. Sweeney. Fred Homer Williams. Leave of Absence. On motion of Mr. Sweet of Attleboro, Voted, That Mr. Sweeney of Attleboro be granted leave oi absence, under Rule 13, on account of illness. On motion of Mr. Codman of Brookline, Ordered, That Mr. Williams of Brookline be granted leave of absence, under Rule 13, for one week, on account of important business engagements in the West. FRIDAY, OCTOBER 26, 1917. 393 Reprinting of a Document. Mr. Day of Winchendon moved that Document No. 364 be Public funds, reprinted, being a report of the committee on Rules and Pro- ^ cXin* cedure and the committee on Amendment and Codification of institutions. the Constitution, sitting jointly, recommending the adoption of an order providing for placing on the ballot at the coming state election the article of amendment contained in the Resolu- tion relative to the support of certain institutions from public funds; and this motion was referred, under the provisions of a standing order, to the committee on Rules and Procedure. Vacancy in the Tenth Plymouth Representative District. The consideration of the following order, offered by Mr. Brown of Brockton, was postponed until the next session, at the re- quest of Mr. Parkman of Boston: Ordered, That the committee on Elections consider and report vacancy in on the question of recommending that William C. Drohan of p}^outh Brockton, who received the third highest number of votes cast Representative in the primary and at the election of delegates to this Conven- wuiiam'c. tion from the Tenth Plymouth Representative District, be seated in this Convention to fill the vacancy now existing in said dis- trict, provided that the said Drohan does not receive any com- pensation other than mileage, and such compensation, if any, as may be voted in addition to the salary already paid out on account of the vacant membership in said district. Motion to Discharge from the Orders of the Day. Mr. Luce of Waltham moved that the report of the committee Address to on Rules and Procedure (sitting jointly with the committee on J^^to Amendment and Codification of the Constitution), recommending amendments an address to the people with reference to the amendments to be submitted at the 1917 state election, and the adoption of an order relative to the publication thereof (see Doc. No. 366), be discharged from the Orders of the Day, under Rule 39, and considered. After debate, the previous question having been ordered, on motion of Mr. Washburn of Worcester, the motion of Mr. Luce was negatived. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to provide for establishing the initiative and referendum (Doc. No. 359, amended), being the unfinished busi- ness of the last session, was considered further, the main question being on ordering it to a second reading. Mr. Creamer of Lynn asked unanimous consent to withdraw Motion to his pending motion that the vote be reconsidered by which the reconsider - Convention, at the last session, rejected the amendment (moved by Mr. Luce of Waltham) adding at the end of line 111, as amended, the words ", and no law calling for an appropriation of money 394 JOURNAL OF THE CONVENTION, Motion to reconsider. from the treasury of the commonwealth, except for purposes in- cidental to the administration thereof,". Objection was made by several members. After debate the question was put on the motion to recon- sider, and 108 members voted in the affirmative and 77 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 120 members voted in the affirmative and 115 in the negative, as follows : Messrs. Adams, Brooks Adams, Charles Francis Bailey, Charles O. Balch, Francis N. Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyer, Elmer E. Brackett, John Q. A. Brooks, George F. Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward YEAS. Messrs. Fitz-Randolph, Reginald T. Fraser, Eugene B. French, Asa P. Gates, Joseph S. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. , Lane, Daniel W. Logan, James Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. McAnarney, John W. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Nutting, Edward H. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Quincy, Josiah Richardson, Edward A. Robbins, Edward J. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweet, Joseph L. Swig, Louis Tatman, Charles T. FRIDAY, OCTOBER 26, 1917. 395 Messrs. Thompson, Hubert C. Thompson, John L. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Weekes, George LeRoy Messrs. Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bennett, Frank P. Bodfish, John D. W. Boucher, Joseph Zoel Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coakley, Daniel H. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Derbyshire, James H. Donoghue, John A. Donovan, James A. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Gallagher, Daniel J. Gartland, John J. Glazier, Frederick P. Good, John P. Green, Thomas H. Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Keliher, John A. Kelley, Thomas R. Messrs. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wood, Charles J. Youngman, William S. NAYS. Messrs. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Lane, Dwight F. Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. PeUetier, Joseph C. Peterson, Patrick guinn, Timothy F. eidy, Michael J. Ross, Samuel Sawyer, Roland D. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sparrell, Ernest H. Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Theller, Ralph L. Thompson, Edward Walker, George Walker, Joseph Walsh, David I. 396 JOURNAL OF THE CONVENTION, Messrs. Webster, Francis E. Webster, George P. Whitehead, James Messrs. Winslow, Guy M. Wonson, Carlton W. 120 yeas; 115 nays. Motion to postpone. Mr. McAnar- ney, amendment. Mr. Clapp, amendment. Mr. Luce, amendment. Therefore the motion to reconsider prevailed. Pending the recurring question on the adoption of the amend- ment, Mr. Luce of Waltham asked unanimous consent to be allowed to move that the further consideration of the amend- ment be postponed until after the consideration of other amend- ments. Objection was made by Mr. Walker of Brookline. Mr. McAnarney of Quincy moved that the amendment be amended by striking out the words "calling for an appropria- tion", and inserting in place thereof the words "appropriating a specific sum ". After debate Mr. Clapp of Lexington moved that the amend- ment be amended by striking out the words proposed to be added, and inserting in place thereof the words ", and no law making a specific appropriation of money from the treasury of the commonwealth ". After further debate the amendments moved by Messrs. McAnarney and Clapp were severally adopted. The question was then put on the adoption of the amendment, as thus amended, and 108 members voted in the affirmative and 65 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 117 members voted in the affirmative and 109 in the negative, as follows : YEAS. Messsr. Adams, Charles Francis Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Brackett, John Q. A. Brooks, George F. Bryant, Lincoln Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Choate, Charles F., Jf. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Messrs. Collier, David R. Collins, Samuel I. Coogan, Clement F. Coombs, Zelotes W. Costello, Francis M. Cox, Guy W. Crafts, Lyman A. Crosby, J. Ho well Crossley, William Cyril Curtis, Edwin U. Curtiss, Elmer L. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Fraser, Eugene B. FRIDAY, OCTOBER 26, 1917. 397 Messrs. French, Asa P. Gates, Joseph S. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Lane, Daniel W. Logan, James Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. McAnarney, John W. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Nutting, Edward H. Parker, Herbert Messrs. Adams, Brooks Adams, Smith J. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Bennett, Frank P. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Brennan, James H. Brennan, James J. Broderick, Patrick S. Brown, E. Gerry Burrell, Fred J. Butler, A. Webster Carr, Edward Clark, Ezra W. Coakley, Daniel H. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Daly, John W. Dean, Robert A. Delaney, Louis F. Derbyshire, James H. Donoghue, John A. Donovan, James A. Messrs. Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Reidy, Michael J. Richardson, Edward A. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Trefry, William D. T. Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Webster, George P. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wood, Charles J. NAYS. Messrs. Doran, James P. Driscoll, Dennis D. Finn, E. Philip Flye, Louis Edwin Gallagher, Daniel J. Gartland, John J. Glazier, Frederick P. Good, John P. Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hicks, George H. Horgan, Francis J. Keliher, John A. Kelley, Thomas R. Kenny, Herbert A. Kerr, Alexander Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. 398 JOUENAL OF THE CONVENTION, Messrs. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick incy, Josiah inn, Timothy F. ss, Samuel Sawyer, Roland D. Messrs. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Span-ell, Ernest H. Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Swig, Louis Theller, Ralph L. Thompson, Edward Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Whipple, Sherman L. Whitehead, James Winslow, Guy M. Wonson, Carlton W. Mr. Luce, amendment. Adjournment. 117 yeas; 109 nays. Therefore the amendment, as amended, was adopted, as fol- lows: Adding at the end of line 111, as amended, the words ", and no law making a specific appropriation of money from the treas- ury of the commonwealth ". Mr. Parkman of Boston then moved that the Convention ad- journ; and this motion was adopted, by a vote of 98 to 66. Accordingly, at nineteen minutes before one o'clock, the Con- vention adjourned, to meet on Tuesday next at half-past ten o'clock A.M. TUESDAY, OCTOBER 30, 1917. 399 TUESDAY, October 30, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. William Bernard Geoghegan of New Bedford. Quorum. Mr. Lowe of Fitchburg moved that the roll be called, to ascer- Quorum, tain if a quorum was present; and this motion prevailed. The roll was called; and 165 members answered to their names, as follows : Messrs. Aylward, James F. Bailey, Charles O. Barker, Warren S. Barnes, George L. Barrett, James T. Bassett, Edmund Batchelder, Albert W. Bates, John L. Bauer, Ralph S. Bennett, Frank P. Besse, Harold A. Bolster, Percy G. Bosworth, Henry H. Boucher, Joseph Zoel Bowen, Patrick Boyer, Elmer E. Brackett, John Q. A. Brine, Henry C. Broderick, Patrick S. Brooks, George F. Brown, E. Gerry Bruce, Charles Bryant, Lincoln Bullock, William J. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Coleman, George W. Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Coombs, Zelotes W. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Crosby, J. Howell Crossley, William Cyril Curtis, Edwin U. Messrs. Dale, George H. Daly, John W. Dean, Robert A. Derbyshire, James H. Doran, James P. Dresser, Frank F. Driscoll, Dennis D. Driscoll, Timothy J. Dutch, Charles Frederick Farnsworth, Frank S. Ferrey, Irving D. Ferry, James R. Fisher, Edward Flaherty, William Flynn, Maurice R. Fraser, Eugene B. Gallagher, Daniel J. Garland, Francis P. Gates, Joseph S. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Harding, Clarence W. Harriman, Arthur N. Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kilbon, John L. Kneil, Arthur S. Lane, Daniel W. Lane, Dwight F. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Loring, Augustus P. 400 JOURNAL OF THE CONVENTION, Messrs. Love, Joseph A. Lowe, Arthur H. Luce, Robert Lynch, John C. MacMaster, Edward A. Mahoney, John J. Mansfield, John J. McAnarney, John W. McCarthy, Charles F. McKeon, Francis P. Merriam, John M. Michelman, Joseph Mitchell, Charles Montague, David T. Moore, Charles D. C. Moran, William Morrill, Charles H. Morton, James M. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Nutting, Edward H. O'Connell, John P. Parker, George S. Parker, Herbert Parkman, Henry Peirce, Albion G. Pelletier, Joseph C. < Peterson, Patrick Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Messrs. Richardson, Edward A. Richardson, James P. Rieutord, Louis O. Robbins, Edward J. Robinson, George H. Ross, Samuel Shanahan, William J. Shattuck, Josiah B. Shaw, Michael F. Shea, John M. Shea, John T. Sherburne, Nelson Smith, Jerome S. Sullivan, Edmund G. Sweet, Joseph L. Swig, Louis Tatman, Charles T. Theller, Ralph L. Thompson, Edward Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph UnderhiU, Charles L. Walcott, Robert Walker, George Walker, Joseph Washburn, Albert H. Washburn, Charles G. Wheeler, William White, John A. Whitehead, James Wing, Herbert Winslow, Guy M. Wood, Charles J. Therefore it appeared that a quorum was then present. Reports of committees, extension of time. Extension of Time for Certain Reports. On motion of Mr. Granfield of Springfield, Ordered, That the committees on Amendment and Codification of the Constitution, State Administration, and State Administra- tion and the Executive (sitting jointly) be granted until Tuesday, November 6, in which to report on matters before them. Municipal Court of the City of Boston, engagements of delegates of the Convention. Attendance of Delegates Equivalent to Court Engagements. A communication from Wilfred Bolster, Chief Justice of the Municipal Court of the City of Boston, stating that, in response to the resolution of the Constitutional Convention concerning court engagements of delegates of the Convention, " ... at their meeting, on October 8, 1917, the justices of this court voted that the attendance of delegates at the Constitutional Convention should be treated as equivalent to court engagements of such delegates. Such has since that date been the practice of this court", was read; and the communication was placed on file. TUESDAY, OCTOBER 30, 1917. 401 Vacancy in the Tenth Plymouth Representative District. The following order, offered by Mr. Brown of Brockton, the consideration of which was postponed from the last session, was considered: Ordered, That the committee on Elections consider and report Vacancy in on the question of recommending that William C. Drohan of Plymouth Brockton, who received the third highest number of votes cast i s p t ^t n tive in the primary and at the election of delegates to this Conven- wmiam'c. tion from the Tenth Plymouth Representative District, be seated Brockton? in this Convention to fill the vacancy now existing in said dis- trict, provided that the said Drohan does not receive any com- pensation other than mileage, and such compensation, if any, as may be voted in addition to the salary already paid out on account of the vacant membership in said district. After debate Mr. Sullivan of Salem moved that the order be Mr. Sullivan, amended by the substitution of the following: amendment. " Ordered, That the General Court of 1918 be requested to take such action as may be necessary to fill, by special election, any vacancies that may exist in the membership of this Convention on March 15, 1918." After further debate, the previous question having been or- dered, on motion of Mr. Chandler of Somerville, the amendment was rejected. The order was then rejected. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to provide for establishing the initiative and referendum (Doc. No. 359, amended), being the unfinished busi- ness of the last session, was considered further, the main question being on ordering it to a second reading. Mr. Ross of New Bedford moved that, unless a vote be sooner Limit of reached, debate be closed at eleven o'clock A.M. on Thursday, debate - November 1, and that a member of the minority and a member of the majority of the committee on Initiative and Referendum each be allowed fifteen minutes at the close. After debate this motion was negatived, by a vote of 65 to 100. Mr. Quincy of Boston withdrew the amendment previously moved by him, there being no objection. Mr. Luce of Waltham moved that the resolution be amended by inserting, after line 109, the following paragraph: - "If, of the measures introduced into the general court by initiative petition in any one year, more than five fail of enact- ment by the general court, and the petitions relating to more than five are duly completed, the five that received the larger votes of the senate and house of representatives combined, and no more, shall be submitted to the people at the next state election. The measures not so submitted shall be deemed to be 402 JOURNAL OF THE CONVENTION, Mr. Luce, amendment. introduced into the next session of the general court and pending in the house of representatives." After debate the question was put on the adoption of the amendment, and 99 members voted in the affirmative and 85 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 109 members voted in the affirmative and 138 in the negative, as follows : YEAS. Messrs. Adams, Charles Francis Anderson, Frederick L. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Besse, Harold A. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H/ Bouve", Walter L. Boyer, Elmer E. Brackett, John Q. A. Brooks, George F. Bryant, Lincoln Buck, Maurice A. Burns, William A. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Churchill, George B. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Curtis, Edwin U. Dale, George H. Davis, Elbridge G. Delano, Robert T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fraser, Eugene B. French, Asa P. Gates, Joseph S. Giddings, Charles Gleason, Nesbit G. Messrs. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hibbard, Charles E. Hobbs, Clarence W., Jr. Jones, George R. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Look, William J Loring, Augustus P Lowe, Arthur H. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, George S. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Sullivan, Edmund G. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Charles G. Wellman, Arthur Holbrook Wheeler, William White, John A. TUESDAY, OCTOBER 30, 1917. 403 Messrs. Whittier, Eugene P. Willett, George Franklin Wing, Herbert Messrs. Adams, Brooks Adams, Smith J. Avery, Nathan P. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Callahan, Timothy F. Carr, Edward Clapp, Robert P. Clark, Ezra W. Coleman, George W. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Curtiss, Elmer L. Daley, Peter Daly, John W. Dean, Robert A. Dellinger, Raymond P. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Frost, Archie N. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. George, Samuel W. Glazier, Frederick P. Good, John P. Granfield, William J. Graumann, John Green, Thomas H. Haines, Benjamin F. Harding, Clarence W. Messrs. Wood, Charles J. Youngman, William S. NAYS. Messrs. Harriman, Arthur N. Harrington, Patrick H. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kelley, George W. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. Michelman, Joseph Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Rieutord, Louis O. Ross, Samuel Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. 404 JOURNAL OF THE CONVENTION, Messrs. Sparrell, Ernest H. Sullivan, Joseph M. Sullivan, Wi Ham H. Sullivan, William J. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Messrs. Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Whitehead, James Wilson, William H. Winslow, Guy M. Mr. Bosworth, amendment. YES. NO. YES. NO. Mr. Bryant, amendments. 109 yeas; 138 nays. Therefore the amendment was rejected. On motion of Mr. Bosworth of Springfield the resolution was then amended by striking out* lines 197 to 201, inclusive, and inserting in place thereof the following: "In the case of an amendment to the constitution: Shall an amendment to the constitution (here insert de- scription, and state, in distinctive type, whether approved or disapproved by the general court, and by what vote thereon) be approved? "In the case of a law: Shall a law (here insert description, and state, in distinctive type, whether approved or disapproved by the general court, and by what vote thereon) be approved?" Mr. Bryant of Milton moved that the resolution be amended as follows: By inserting after the words "not earlier than", in line 95, the words "the first Wednesday of the August and not later than"; and By inserting, after line 109, the following paragraph: - "If an initiative petition for a constitutional amendment or for a law, signed by ten qualified voters, shall be filed with the secretary of the commonwealth not later than the first Wednes- day of September as hereinbefore provided, then at any time before the first Wednesday of the following October a petition concerning the same general subject, signed by ten qualified voters, may be filed with the secretary of the commonwealth, and if signatures as hereinbefore required for an original petition shall be filed not later than the first Wednesday of the following December, the secretary of the commonwealth shall transmit any such petition to the clerk of the house of representatives, and the proposed constitutional amendment or law which is the subject of such petition shall then be deemed to be introduced into that general court and pending in the house of representa- tives. The secretary of the commonwealth shall give public notice in such manner as the general court shall provide of all petitions filed as hereinbefore provided." After debate these amendments were rejected, by a vote of 75 to 94. amemiment' ~~ ^ r ' Q umcv f Boston moved that the resolution be amended by inserting, after line 82, the following paragraphs, with the head- ing "Conflicting and Alternative Measures": "The general court may by resolve passed by yea and nay vote, either by the two houses sitting separately, or in the case of a constitutional amendment by a majority of those TUESDAY, OCTOBER 30, 1917. 405 present and voting thereon in joint convention held as herein provided, provide for the submission to the people of a sub- stitute for any measure introduced by initiative petition which has been or may be passed or qualified for submission to the people as herein provided, the same to be designated on the ballot as the legislative substitute for such an initiative measure and to be grouped with the same as an alternative therefor; provided, that any such legislative substitute for a constitutional amendment shall be passed as above provided in each of the years in which such constitutional amendment is passed. " In case in any judicial proceeding any provisions of two or Mr. Quincy, more constitutional amendments, or of two or more laws, ap- amendment - proved by the people at the same election, are held to be in conflict with each other, then the provisions contained in the constitutional amendment, or in the law, as the case may be, which received the largest number of affirmative votes at such election shall be deemed to govern." After debate this amendment was adopted. Mr. Buttrick of Lancaster moved that the resolution be Mr. Buttrick, amended by inserting after the word "signers", in line 92, the ~~ amendment - words "A filing fee shall be required by law." After debate, at one o'clock, under the provisions of a standing Recess, order, the President declared a recess until two o'clock; at which hour the Convention reassembled. The President requested the Sergeant-at-Arms to secure the Quorum, attendance of a quorum. On the appearance of a quorum Mr. Lummus of Lynn moved Mr. Lummus, that the amendment moved by Mr. Buttrick be amended by w striking out the words proposed to be inserted, and inserting in place thereof the words "A filing fee not exceeding one hundred dollars may be required by law." Mr. Churchill of Amherst moved that the amendment moved J^cjmrchffl, by Mr. Lummus be amended by inserting after the word "dollars" the words ", which shall be returned if and when the petition is completed,". There being no objection, Mr. Lummus accepted, as a part of his amendment, the amendment moved by Mr. Churchill. After further debate the amendment moved by Mr. Lummus, as thus modified, was adopted, by a vote of 93 to 73; and the amendment moved by Mr. Buttrick, as thus amended, was adopted, by a vote of 104 to 62. Mr. Underbill of Somerville moved that the resolution be Mr. Underbill, amended by adding at the end of line 111, as amended, the -amendment, words ", and no law affecting labor organizations". After debate (Mr. Glazier of Hudson being in the chair) this amendment was rejected. Mr. Luce of Waltham moved that the resolution be amended by inserting, after the paragraph previously inserted after line 112, the following paragraph: " No proposed law shall contain unrelated subjects." After debate this amendment was adopted. 406 JOURNAL OF THE CONVENTION, Mr. Luce, amendment. Mr. Luce then moved that the resolution be amended by in- serting after the foregoing amendment the following paragraph: "A proposed law shall be confined to a specific, concrete proposition, unaccompanied by administrative or technical de- tail, but may direct what agency of government shall administer it." After debate the question was put on the adoption of this amendment, and 101 members voted in the affirmative and 100 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 114 members voted in the affirmative and 126 in the negative, as follows : YEAS. Messrs. Adams, Charles Francis Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Besse, Harold A. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyer, Elmer E. Brackett, John Q. A. Brooks, George F. Bryant, Lincoln Burns, William A. Chandler, Leonard B. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M ., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Howell Curtis, Edwin U. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Messrs. Fitz-Randolph, Reginald Fraser, Eugene B. French, Asa P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Lane, Daniel W. Langelier, Louis F. R. Look, William J. Loring, Augustus P. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, George S. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. T. TUESDAY, OCTOBER 30, 1917. 407 Messrs. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Messrs. Adams, Smith J. Avery, Nathan P. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Brennan, James H. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Callahan, Timothy F. Carr, Edward Clark, Ezra W- ' Coakley, Daniel H. Coleman, George W. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter Daly, John W. Dean, Robert A. Dellinger, Raymond P. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Flaherty, William Flye, Louis Edwin Frost, Archie N. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. Green, Thomas H. Hall, Frederick S. Harding, Clarence W. Messrs. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Wing, Herbert Wood, Charles J. Youngman, William S. NAYS. Messrs. Harriman, Arthur N. Harrington, Patrick H. Hicks, George H. Hoitt, Augustus J. Johnson, Charles R. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lowe, Arthur H. Maguire, James E. Mahoney, John J. Mansfield, John J. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. Michelman, Joseph Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Ross, Samuel Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Sparrell, Ernest H. Stoeber, Charles 408 JOURNAL OF THE CONVENTION, Messrs. Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Twomey, John C. Messrs. Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Whitehead, James Wilson, William H. Winslow, Guy M. Wonson, Carlton W. Limit of debate. Motion to adjourn. 114 yeas; 126 nays. Therefore the amendment was rejected. Mr. Walker of Brookline then moved that, unless a vote be sooner reached, debate be closed at half-past eleven o'clock A.M. on Thursday, November 1, and that a member of the minority and a member of the majority of the committee on Initiative and Referendum each be allowed fifteen minutes at the close. After debate Mr. Creamer of Lynn moved the previous question. Mr. Lane of Boston then moved that the Convention adjourn; and on this motion 91 members voted in the affirmative and 84 in the negative. The sense of the Convention was taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 82 members voted in the affirmative and 117 in the negative, as follows: YEAS. Messrs. Balch, Francis N. Bangs, Francis R. Barker, Warren S. Barnes, George L. Barrett, James T. Bartlett, Horace I. Besse, Harold A. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyer, Elmer E. Brackett, John Q. A. Bryant, Lincoln Burns, William A. Buttrick, Allan G. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Costello, Francis M. Cox, Guy W. Crafts, Lyman A. Dale, George H. Delano, Robert T. Doe, Orestes T. Dresser, Frank F. Messrs. Farnsworth, Frank S. Ferrey, Irving D. Ferry, James R. Fitz-Randolph, Reginald T Fraser, Eugene B. Gartland, John J. Gaylord, Henry E. Giddings, Charles Greenwood, Hamlet S. Hall, Elisha S. Hall, Frederick S. Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Lane, Daniel W. Loring, Augustus P. Lowell, James A. Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. Michelman, Joseph Mitchell, Charles Moore, Charles D. C. Parker, Herbert Pillsbury, Albert E. Putnam, Harry B. Richardson, Edward A. Robbins, Edward J. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. TUESDAY, OCTOBER 30, 1917. 409 Messrs. Smith, Jerome S. Smith, Rutherford E. Sullivan, Edmund G. Sweet, Joseph L. Theller, Ralph L. Thompson, Hubert C. Thompson, John L. Messrs. Adams, Scott Adams, Smith J. Avery, Nathan P. Aylward, James F. ' Bailey, Charles O. Bassett, Edmund Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Bowen, Patrick Brennan, James H. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Callahan, Timothy F. Carr, Edward Chandler, Leonard B. Coleman, George W. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Crosby, J. Howell Cummings, John W. Curtis, Edwin U. Daley, Peter Daly, John W. Davis, William R. Dean, Robert A. Dellinger, Raymond P. Derbyshire, James H. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Dutch, Charles Frederick Feiker, William H. Garland, Francis P. Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Granfield, William J. Green, Thomas H. Harding, Clarence W. Harriman, Arthur N. Hoitt, Augustus J. Kerr, Alexander Messrs. Tilton, Rufus H. Washburn, Albert H. Wellman, Arthur Holbrook Wheeler, William Willett, George Franklin Wood, Charles J. Youngman, William S. NAYS. Messrs. Kilbon, John L. Kinney, William S. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Look, William J. Love, Joseph A. Lowe, Arthur H. Luce, Robert Maguire, James E. Mahoney, John J. Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. Montague, David T. Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Reidy, Michael J. Richardson, James P. Scigliano, Alfred P. Shanahan, William J. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Stearns, Harry N. Stoeber, Charles Sullivan, William H. Sullivan, William J. Swig, Louis Talbot, Harry R. Tatman, Charles T. Thompson, Edward Trefry, William D. T. Twomey, John C. Walker, Joseph Walsh, David I. 410 JOURNAL OF THE CONVENTION, Messrs. White, John A. Whitehead, James Whittier, Eugene P. Messrs. Winslow, Guy M. Wonson, Carlton W. 82 yeas; 117 nays. Motion to adjourn. Limit of debate. Therefore the motion to adjourn was negatived. Mr. Creamer of Lynn (the President having resumed the chair) withdrew his motion for the previous question, there being no objection. Mr. Kinney of Boston then moved that the Convention ad- journ; and this motion was negatived, by a vote of 84 to 85. The question was then put on the motion of Mr. Walker (that debate be closed at half-past eleven o'clock on Thursday next), and 81 members voted in the affirmative and 91 in the negative. The sense of the Convention was taken by yeas and nays, at the request of Mr. Walker; and on the roll call 98 members voted in the affirmative and 100 in the negative, as follows: YEAS. Messrs. Adams, Smith J. Aylward, James F. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Besse, Harold A. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Bowen, Patrick Brennan, James H. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Callahan, Timothy F. Carr, Edward Coleman, George W. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Daley, Peter Daly, John W. Dean, Robert A. Dellinger, Raymond P. Derbyshire, James H. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Fraser, Eugene B. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. Green, Thomas H. Messrs. Harding, Clarence W. .Harriman, Arthur N. Hoitt, Augustus J. Jones, George R. Kerr, Alexander Leboeuf, Telesphore Leonard, Joseph J. Lomasney, . Martin M. Love, Joseph A. Maguire, James E. Mahoney, John J. Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. Mitchell, Charles Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Reidy, Michael J. Scigliano, Alfred P. Shanahan, William J. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Stoeber, Charles TUESDAY, OCTOBER 30, 1917. 411 Messrs. Sullivan, William H. Sullivan, William J. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Messrs. Adams, Scott Avery, Nathan P. Bailey, Charles O. Balch, Francis N. Bangs, Francis R. Barker, Warren S. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyer, Elmer E. Brackett, John Q. A. Bryant, Lincoln Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Costello, Francis M. Cox, Guy W. Crafts, Lyman A. Crosby, J. Ho well Curtis, Edwin U. Dale, George H. Davis, William R. Delano, Robert T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fitz-Randolph, Reginald T. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Messrs. Twomey, John C. Walker, Joseph Walsh, David I. Whitehead, James Winslow, Guy M. Wonson, Carlton W. NAYS. Messrs. Hall, Elisha S. Hall, Frederick S. Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. KeUey, George W. Kenefick, Thomas W. Kilbon, John L. Kinney, William S. Lane, Daniel W. Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. McAnarney, John W. Michelman, Joseph Montague, David T. Moore, Charles D. C. Parker, Herbert Pillsbury, Albert E. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Sullivan, Edmund G. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Til ton, Rufus S. Trefry, William D. T. Underbill, Charles L. Walcott, Robert Washburn, Albert H. Wellman Arthur Holbrook Wheeler William White, John A. Whittier, Eugene P. Willett, George Franklin Wood, Charles J. Youngman, William S. 98 yeas; 100 nays. Therefore the motion to close debate was negatived. Mr. Churchill of Amherst then moved that the Convention Adjournment, adjourn; and this motion prevailed. Accordingly, at twenty minutes before five o'clock, the Con- vention adjourned,^ to meet to-morrow at half-past ten o'clock A.M. 412 JOURNAL OF THE CONVENTION, WEDNESDAY, October 31, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Harry P. Rankin of Boston. Quorum. Quorum. ]y[ r Richardson of Newton moved that the roll of the Con- vention be called, to ascertain if a quorum was present; and this motion prevailed. The roll was called; and 200 members answered to their names, as follows : Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Avery, Nathan P. Aylward, James F. Bailey, Charles O. Ballantyne, John Bangs, Francis R. Barnes, George L. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates, John L. Bates, Sanford Besee, Harold A. Bicknell, Wallace H. Bodfish, John D. W. Bolster, Percy G. Bosworth, Henry H. Boucher, Joseph Zoe'l Boyer, Elmer E. Brackett, John Q. A. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Brown, Samuel F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Bullock, William J. Burns> William A. Butler, A. Webster Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Coleman, George W. Collier, David R. Collins, Samuel I. Messrs. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Cox, Guy W. Crafts, Lyman A. Creamer, Walter H. Creed, James F. Crosby, J. Howell Crossley, William Cyril Curtis, Edwin U. Curtiss, Elmer L. Cusick, John F. Dale, George H. Daley, Peter Daly, John W. Davis, Elbridge G. Davis, William R. Dean, Robert A. Delano, Robert T. Derbyshire, James H. Doe, Orestes T. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Doran, James P. Dresser, Frank F. Driscoll, Dennis D. Driscoll, Timothy J. Dutch, CHarles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Finn, E. Philip Fisher, Edward Fitz-Randolph, Reginald T. Fraser, Eugene B. Garland, Francis P. Gates, Joseph S. Gay lord, Henry E. WEDNESDAY, OCTOBER 31, 1917. 413 Messrs. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Granfield, William J. Hale, Edward R. Hale, Matthew Hall, Elisha S. Hall, Frederick S. Hamilton, Andrew Foster Harding, Clarence W. Harriman, Arthur N. Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Horgan, Francis J. Jones, George R. Keliher, John A. Kelley, George W. Kelly, Luke L. Kenefick, Thomas W. Kilbon, John L. Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Lane, Dwight F. Linke, Fred R. Lomasney, Martin M. Look, William J. Loring, Augustus P. Lowe, Arthur H. Luce, Robert Lummus, Henry T. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Mahoney, John J. Mansfield, John J. McAnarney, John W. McCarthy, Charles F. Merriam, John M. Michelman, Joseph Mitchell, Charles Mitchell, John Moore, Charles D. C. Moran, William Moriarty, James T. Morton, James M. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newton, H. Huestis O'Connell, John J. Messrs. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Parker, Herbert Parkman, Henry Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Ross, Samuel Saunders, Amos T. Sawyer, Roland D. Shattuck, Josiah B. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Smith, Jerome S. Stoeber, Charles Sullivan, Edmund G. Sullivan, William H. Sweet, Joseph L. Swig, Louis Tatman, Charles T. Theller, Ralph L. Thompson, Edward Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Washburn, Charles G. Webster, Francis E. Wellman, Arthur Holbrook Wheeler, William White, John A. Whitehead, James Wing, Herbert Winslow, Guy M. Wood, Charles J. Therefore it appeared that a quorum was then present. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to provide for establishing the initiative and referendum (Doc. No. 359, amended), being the unfinished busi- 414 JOURNAL OF THE CONVENTION, Mr. Kilbon, amendment. ness of the last session, was considered further, the main question being on ordering it to a second reading. Mr. Kilbon of Springfield moved that the resolution be amended by striking out, in line 187, the words "twenty-five per cent", and inserting in place thereof the word "one-eighth". After debate the question was put on the adoption of this amendment, and 101 members voted in the affirmative and 70 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 122 members voted in the affirmative and 105 in the negative, as follows: YEAS. Messrs. Adams, Scott A very, Nathan P. Bailey, Charles O. Ballantyne, John Bangs, Francis R. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Besse, Harold A. Bicknell, Wallace H. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouv6, Walter L. Boyer, Elmer E. Brackett, John Q. A. Brown, Samuel F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Costello, Francis M. Cox, Guy W. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Messrs. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Fraser, Eugene B. French, Asa P. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hamilton, Andrew Foster Hibbard, Charleg E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kilbon, John L. Kinney, William S. Lane, Daniel W. Linke, Fred R. Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Merriam, John M. Michelman, Joseph Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Nutting, Edward H. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Richardson, Edward A. WEDNESDAY, OCTOBER 31, 1917. 415 Messrs. Richardson, James P. Robbins, Edward J. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Sullivan, Edmund G. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Messrs. Adams, Brooks Adams, Smith J. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Bergengren, Roy F. Bigney, Robert E. Bodfish, John D, W. Boucher, Joseph Zoel Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Butler, A. Webster Carr, Edward Clark, Ezra W. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Daley, Peter Daly, John W. Dean, Robert A. Derbyshire, James H. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Garland, Francis P. Gates, Joseph S. Glazier, Frederick P. Good, John P. Granfield, William J. Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Hicks, George H. Hoitt, Augustus J. Messrs. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Willett, George Franklin Wing, Herbert Wood, Charles J. NAYS. Messrs. Horgan, Francis J. Keliher, John A. Kelly, Luke L. Lane, Dwight F. Leonard, Joseph J. Lomasney, Martin M. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mansfield, John J. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. Mitchell, John Moran, William Moriarty, James T. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Ross, Samuel Sawyer, Roland D. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Swig, Louis Theller, Ralph L. 416 JOURNAL OF THE CONVENTION, Messrs. Thompson, Edward Walker, George Walker, Joseph Walsh, David I. Messrs. Webster, Francis E. Whitehead, James Winslow, Guy M. 122 yeas; 105 nays. Mr. Fitz- Randolph, amendment. Mr. Washburn, amendment. Mr. Kilbon, - amendment. Mr. Quincy, amendment. Mr. Washburn, amendment. Therefore the amendment was adopted. Mr. Fitz-Randolph of Nantucket moved that the resolution be amended by adding after the word "county", in line 189, the words ", and there shall be the signatures of at least four per cent of the registered voters of every county". After debate this amendment was rejected, by a vote of 56 to 95. Mr. Washburn of Middleborough moved that the resolution be amended by striking out, in lines 136 and 137, the words "fifteen thousand qualified voters of the commonwealth", and inserting in place thereof the words "five per cent of such qualified voters of the commonwealth, calculated upon the whole number of votes cast for governor at the last preceding election". After debate Mr. Kilbon of Springfield moved that the amend- ment moved by Mr. Washburn be amended by striking out the word "five", and inserting in place thereof the word "four". After further debate Mr. Quincy of Boston moved that the amendment moved by Mr. Washburn be amended by striking out the words proposed to be inserted, and inserting in place thereof the words "qualified voters of the commonwealth equal in number to four per cent of the whole number of votes cast for governor at the last preceding election". The amendments moved by Messrs. Kilbon and Quincy were severally rejected. The question was then put on fhe adoption of the amendment moved by Mr. Washburn, and 119 members voted in the affirm- ative and 93 in the negative. The sense of the convention was taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 123 members voted in the affirmative and 121 in the negative, as follows: YEAS. Messrs. Adams, Scott Avery, Nathan P. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Besse, Harold A. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyer, Elmer E. Brackett, John Q. A. Messrs. Brooks, George F. Brown, Samuel F. Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Coogan, Clement F. Cook, Benjamin A. WEDNESDAY, OCTOBER 31, 1917. 417 Messrs. Cook, Rufus H. Coombs, Zelotes W. Costello, Francis M. Cox, Guy W. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Curtis, Edwin U. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Fraser, Eugene B. French, Asa P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Hale, Edward R. Hall, Elisha S. Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Langelier, Louis F. R. Linke, Fred R. Logan, James Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Messrs. Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. MacMaster, Edward A. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Saunders, Amos T. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underhill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Wing, Herbert Wood, Charles J. Youngman, William S. NAYS. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoe'l Bowen, Patrick Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Messrs. Burrell, Fred J. Butler, A. Webster Carr, Edward Clark, Ezra W. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Daley, Peter Daly, John W. Dean, Robert A. Dellinger, Raymond P. Derbyshire, James H. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. 418 JOURNAL OF THE CONVENTION, Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Flye, Louis Edwin Frost, Archie N. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kenny, Herbert A. Kilbon, John L. Lane, D wight F. Leonard, Joseph J. Lomasney, Martin M. Look, William J. Love, Joesph A. Lynch, John C. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Messrs. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Ross, Samuel Sawyer, Roland D. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Whitehead, James Winslow, Guy M. 123 yeas; 121 nays. Mr. Walcott, amendment. Quorum. Therefore the amendment was adopted. Mr. Walcott of Cambridge moved that the resolution be amended by striking out lines 183 to 186, inclusive (as amended), and inserting in place thereof the following paragraph : - "Provision for the proper identification and certification of signatures to the petitions hereinbefore referred to, and for pen- alties for the circulation of petitions for hire or reward, for the signing [A] of any such petition for money or other valuable consideration and for the forgery of signatures thereto shall be made by law." After debate, at one o'clock, under the provisions of a standing order, the President declared a recess until two o'clock; at which hour the Convention reassembled. Mr. Washburn of Worcester doubted the presence of a quorum; and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. .WEDNESDAY, OCTOBER 31, 1917. 419 On the appearance of a quorum Mr. Quincy of Boston moved Mr. Quincy, that the amendment moved by Mr. Walcott be amended by ai adding at the end thereof the words " ; provided that, after the enactment of any law providing penalties for the circulation of petitions for hire or reward, the number of signatures required by this article of amendment shall be reduced by one-half". Mr. Theller of New Bedford moved that the amendment Mr. Theiier, - moved by Mr. Walcott be amended by striking out, at "A", the &mendllieni - word "of", and inserting in place thereof the words "or refusing to sign". After debate the amendment moved by Mr. Quincy was re- jected, by a vote of 67 to 109; and the amendment moved by Mr. Theller was adopted, by a vote of 130 to 16. The question was then put on the adoption of the amendment Mr. Walcott, moved by Mr. Walcott, as amended, and 111 members voted amendment - in the affirmative and 90 in the negative. The sense of the Convention was taken by yeas and nays, at the request of Mr. Hale of Boston; and on the roll call 123 members voted in the affirmative and 117 in the negative, as follows : YEAS. Messrs. Adams, Scott Bailey, Charles O. Balch, Francis N. Bangs, Francis R. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyer, Elmer E. Brackett, John Q. A. Brooks, George F. Brown, Samuel F. Bruce, Charles Bryant, Lincoln Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Curtis, Edwin U. Curtiss, Elmer L. Messrs. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Fraser, Eugene B. French, Asa P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kilbon, John L. Kinney, William S. Kneil, Arthur S. Langelier, Louis F. R. Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. 420 JOUKNAL OF THE CONVENTION, Messrs. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Avery, Nathan P. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Daley, Peter Daly, John W. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Messrs. Stearns, Harry N. Sullivan, Edmund G. Sullivan, Michael A. Sweet, Joseph L. Tatman, Charles T. TheUer, Ralph L. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Charles G. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Wing, Herbert Wood, Charles J. Youngman, William S. NAYS. Messrs. Finn, E. Philip Flaherty, William Flye, Louis Edwin Frost, Archie N. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. Green, Thomas H. Haines, Benjamin F. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Lane, Dwight F. Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. Merrill, George Frye Michelman, Joaeph Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. WEDNESDAY, OCTOBER 31, 1917. 421 Messrs. Murley, Joseph J. Messrs. Scigliano, Alfred P. Myron, John F. Shaw, Michael F. Nestor, Patrick F. Shea, John T. Newhall, Arthur N. Sheehan, Christopher A. Newton, H. Huestis Sherburne, Nelson Nutting, Edward H. Skerrett, Mark N. O'Connell, John J. Stoeber, Charles O'Connell, John P. Sullivan, William H. O'Connell, Joseph F. Swig, Louis O'Connor, John D. Thompson, Edward Peirce, Albion G. Twomey, John C. Pelletier, Joseph C. Walker, George Peterson, Patrick Walker, Joseph Quincy, Josiah Walsh, David I. Quinn, Timothy F. Whitehead, James Ray, Herbert L. Winslow, Guy M. Reidy, Michael J. Wonson, Carlton W. Ross, Samuel 123 yeas; 117 nays. Therefore the amendment, as amended, was adopted, as fol- lows : Striking out lines 183 to 186, inclusive (as amended), and in- Mr. Waicott, serting in place thereof the following paragraph: amendment. "Provision for the proper identification and certification of signatures to the petitions hereinbefore referred to, and for pen- alties for the circulation of petitions for hire or reward, for the signing or refusing to sign any such petition for money or other valuable consideration and for the forgery of signatures thereto shall be made by law." Mr. Thompson of North Attleborough moved that the resolu- Mr. Thompson, tion be amended by adding at the end thereof the following amendment, paragraph : - "Article XLII of the amendments of the constitution is hereby repealed." After debate this amendment was adopted, by a vote of 95 to 72. Mr. Churchill of Amherst moved that the resolution be Mr. Churchill, amended by adding after the word "void", in line 155, the amendment, words " : provided, that no such law shall be held to be disap- proved if the negative vote is less than thirty per cent of the highest number of votes cast at such state election". After debate this amendment was adopted. Mr. George of Haverhill moved that the resolution be amended Mr. George, by inserting, before line 183, the following paragraph: "If a measure made subject to the referendum, by the filing of an initiative and referendum petition, is introduced in the general court, the same shall be referred to a committee thereof, and the petitioners and all parties in interest shall be duly heard and the measure shall be duly considered and reported upon to the general court with their reasons therefor in writing. Both the majority and minority reports, if there be such, shall be signed by the majority and minority members of said committee respectively [A]; and the general court shall consider such re- ports and act upon the proposed measure on its merits, with a 422 Mr. Kinney, amendment. Adjournment. JOURNAL OF THE CONVENTION, due regard for the public welfare and the rights of all citizens involved in accordance with their oath of office." After debate Mr. Kinney of Boston moved that the amend- ment moved by Mr. George be amended by striking out all after the word "respectively", at "A". Mr. Mahoney of Boston then moved that the Convention adjourn; and this motion prevailed. Accordingly, at eight minutes after four o'clock, the Conven- tion adjourned, to meet to-morrow at half-past ten o'clock A.M. THURSDAY, NOVEMBER 1, 1917. 423 THURSDAY, November 1, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. William M. Gilbert of Boston. Absence of Members Without Leave. The consideration of the following order, offered by Mr. Absentees Feiker of Northampton, was postponed until the next session, at make redt the request of that member: satisfaction. Ordered, That any member of the Convention who absents himself for more than two days without leave as provided in. Rule 13 be required to make satisfaction therefor as provided in Rule 20. Printing of a Bulletin. The following order, offered by Mr. Walker of Brookline, was Bulletin on referred, under the provisions of a standing order, to the commit- iiv^and^ 81 " tee on Rules and Procedure: Referendum". Ordered, That there be printed five hundred additional copies f of the bulletin on "The Initiative and Referendum", prepared by the commission appointed to compile information and data for the Convention. Filling of Vacancies in the Membership of the Convention. Mr. Harriman of New Bedford offered the following order: Membership of Ordered, That the committees on Elections and Rules and ^ eCon e n - TV . . , . , tion, filling .Procedure, sitting jointly, are hereby requested to consider, and of vacancies. report before the proposed recess until next year, as to the advisability of making provision for filling vacancies in the mem- bership of the Convention, caused either by death or resignation, now existing or which may occur before the Convention recon- venes in 1918. Mr. Boucher of New Bedford doubted the presence of a Quorum, quorum; and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. On the appearance of a quorum the order was adopted. Compensation of Certain Employees. Mr. Wonson of Gloucester, for the committee on Contingent Compensation Expenses and Pay-Roil, who were instructed to consider the expediency of including the porters and watchmen of the State House in the list of employees receiving one hundred dollars each for extra work, reported, in part, recommending the adop- tion of the following order: Ordered, That such porters as the Sergeant-at-Arms shall certify have been in attendance in the employ of the Common- 424 JOURNAL OF THE CONVENTION, Mr. Underbill, amendment. wealth in and about the rooms and corridors occupied by the Convention and its committees, or members thereof, since the Convention has been in session, be paid the sum of fifty dollars each as extra compensation by reason of the holding of said Convention. The report was read; and the order was considered forthwith. Mr. Underhill of Somerville moved that the order be amended by inserting after the word "porters" the words "and watch- men". After debate Mr. Mahoney of Boston moved that the further consideration of the order be postponed until the next session; and this motion prevailed. Protection from certain newspaper attacks. Initiative and referendum. Mr. George, amendment. Protection from Certain Newspaper Attacks. Mr. Sullivan of Salem moved that the committee on Rules and Procedure be requested to take such steps as may be necessary to protect the members of this Convention from the scandalous attacks which have appeared from time to time in the " Boston American", particularly in the issue of November 1, 1917, an article on page 9 of which bears the title "Slackers Give Foes Chance to Hit I. and R". After debate Mr. Glazier of Hudson moved that the motion be laid on the table; and this motion was negatived, by a vote of 55 to 102. After further debate Mr. Lomasney of Boston moved that the motion of Mr. Sullivan be indefinitely postponed. After further debate Mr. White of North Brookfield moved the previous question; and this motion, after debate, was negatived. The motion of Mr. Lomasney was then adopted. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to provide for establishing the initiative and referendum (Doc. No. 359, amended), being the unfinished busi- ness of the last session, was considered further, the main question being on ordering it to a second reading. There being no objection Mr. George of Haverhill modified the amendment previously moved by him, so as to read as follows: Inserting, before line 183, the following paragraph: "If a measure is introduced in the general court by initiative petition, the same shall be referred to a committee thereof, and the petitioner and all parties in interest shall be duly heard, and the measure shall be duly considered and reported upon to the general court with the committee's recommendations in writing. The majority and minority reports, if there be such, shall be signed by the majority and minority members of said committee, respectively, and the final action of the general court upon any such measure shall be taken by a yea and nay vote." After debate this amendment was adopted. THURSDAY, NOVEMBER 1, 1917. 425 Mr. George then moved that the resolution be amended by Mr. George, striking out [A] lines 202 to 208, inclusive, and inserting in place w thereof the following paragraph: "The secretary of the commonwealth shall cause to be printed and sent to each registered voter in the commonwealth the full text of every measure to be submitted to the people, together with a copy of the legislative committee's majority and minority reports, if there be such, with the names of the majority and minority members thereon, a statement of the votes of the general court on the measure, and a description of the measure as it will appear on the ballot." Mr. Churchill of Amherst moved that this motion be amended 5?. Churchm, by striking out, at "A", the words "lines 202 to 208, inclusive, and inserting in place thereof the following paragraph", and in- serting in place thereof the words ", in lines 202 to 205, inclusive, the words 'The secretary of the commonwealth shall cause to be printed and sent to each voter the full text of every measure to be submitted to the people, together with the description thereof as it will appear on the ballot', and inserting in place thereof the words". After debate the amendment moved by Mr. Churchill was adopted; and the amendment moved by Mr. George, as thus amended, was adopted. On motion of Mr. Churchill of Amherst the resolution was Mr. Churchm, then amended by striking out, in lines 137 and 138, the words "or any part thereof"; and in line 154 the words "or part thereof". On motion of Mr. Walker of Brookline the resolution was Mr. Walker, amended by inserting before the word "initiative", in the title and in line 3, the word "popular"; and by inserting before the word "referendum", in line 7, the word "popular". Mr. Quincy of Boston moved that the resolution be amended Mr. Quincy, by striking out lines 132 to 135, inclusive (as amended), and w inserting in place thereof the following : "A referendum petition may ask for a referendum to the people upon any law enacted by the general court which is not an emergency measure as above defined. Such petition shall first be signed by ten qualified voters of the common- wealth, and shall then be filed with the secretary of the com- monwealth not later than thirty days after the law which is the subject of the petition has become law and the secre- tary of the commonwealth shall provide blanks for the use of subsequent signers. He shall print at the top of each blank a description of the proposed law as it will appear on the ballot and the names and residences of the first ten signers. If such petition filed as aforesaid is completed by filing with the secretary of the commonwealth not later than sixty days after the law which is the subject of the petition has become law the signatures to such petition of not". After debate the amendment was adopted. The same member then moved that the resolution be amended Id - by adding at the end of the words previously inserted in place of 426 JOURNAL OF THE CONVENTION, Mr. Morrill, amend- ments. Reprinting of the resolution. Adjournment from Novem- ber 1 to 7. lines 183 to 186, inclusive, the words ", and pending the passage of such legislation all provisions of law relating to the identifica- tion and certification of signatures to petitions for the nomina- tion of candidates for state offices or to penalties for the forgery of such signatures shall apply to the signatures to the petitions herein referred to". After debate this amendment was adopted. Mr. Morrill of Haverhill moved that the resolution be amended by striking out, in lines 114, 134 and 159, the word "sixty", and inserting in place thereof, in each instance, the word "ninety". After debate Mr. Underbill of Somerville moved the previous question; and the motion prevailed. Mr. Morrill then withdrew the foregoing amendments, there being no objection. The resolution, as amended (Doc. No. 367), was then ordered to a second reading. Subsequently, there being no objection, Mr. Sawyer of Ware moved that the resolution as reported by the committee on Initiative and Referendum be printed in a form setting forth in italics the provisions inserted by amendment in Committee of the Whole and by the Convention, and enclosing in brackets provisions eliminated in like manner. After debate this motion was adopted. (See Doc. No. 368.) On motion of Mr. Underbill of Somerville the Secretary of the Convention was authorized to have printed in the Calendar for Wednesday next such notices of further amendment as may be filed in his office. Adjournment and Hour of Meeting. Mr. Underbill then moved that the Convention adjourn, to meet on Wednesday, November 7, at one o'clock P.M.; and this motion, after debate, was adopted. Accordingly, at ten minutes before one o'clock, the Conven- tion adjourned. WEDNESDAY, NOVEMBER 7, 1917. 427 WEDNESDAY, November 7, 1917. Met according to adjournment, at one o'clock P.M. Prayer was offered by Rev. Francis E. Webster of Waltham, a member of the Convention. Extension of Time for Certain Reports. On motion of Mr. Whitehead of Fall River, Ordered, That the committees on Amendment and Codification Reports of of the Constitution, State Administration, and State Administra- SteSkSTS" tion and the Executive (sitting jointly) be granted until Tuesday, time. November 13, in which to report on matters before them. Compensation for the State House Matron. On motion of Mr. George of Haverhill, - Ordered, That the committee on Contingent Expenses and Pay- Matron of Roll consider the expediency of providing compensation for the Houl? matron of the State House, upon whom extra duties and labor compensation. have been imposed by reason of this Convention. Printing of Bulletins. Mr. Quincy of Boston, for the committee on Rules and Pro- Bulletin cedure, to whom was referred the order relative to reprinting the bulletin on "Biennial Elections and Sessions of the Legislature", . reported recommending that the same be adopted in a new fature draft, as follows : Ordered, That the commission appointed to compile information and data for the Convention be authorized to prepare a revised edition of Bulletin No. 9 on "Biennial Legislative Elections and Sessions", and to incorporate in it the material in Convention document No. 355, and that 500 copies of the revised bulletin be printed. The report was read ; and the order was considered forthwith and was adopted. Mr. Parker of Lancaster, for the committee on Rules and *ffi Procedure, to whom was referred the order providing that there initiative be printed five hundred additional copies of the bulletin on " The Initiative and Referendum", prepared by the commission ap- pointed to compile information and data for the Convention, reported recommending that the same be adopted. The report was read; and the order was considered forthwith and was adopted. 428 JOURNAL OF THE CONVENTION, Committee on Form and Phraseology Consideration of Amend- ments. of Wellesley, for the committee on Rules and bycommittee Procedure, who were requested, under an order adopted on October 10, to consider and report some means or rule by which, after a resolution has been reported by the committee on Form and Phraseology and amendments have been adopted to such resolution, the same may again be considered by the committee on Form and Phraseology, reported recommending that Rule 28 be amended by inserting therein, next after the words "third reading", the words ", or after material amendment in any later stage,". The report was read; and it was considered forthwith and was accepted. Therefore the rule was amended as recommended. Absentees required to make satisfaction. Initiative and referendum. Limit of debate. Id. Absence of Members Without Leave. The following order, offered by Mr. Feiker of Northampton, the consideration of which was postponed from the last session, was considered: Ordered, That any member of the Convention who absents himself for more than two days without leave as provided in Rule 13 be required to make satisfaction therefor as provided in Rule 20. After debate Mr. Mahoney of Boston moved that the order be laid on the table; and this motion was adopted, by a vote of 99 to 35. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to provide for establishing the popular initia- tive and referendum (Doc. No. 367) was read a second time. Mr. Underhill of Somerville moved that each amendment be debated and acted upon separately; that general debate on each amendment be limited to thirty minutes, and that speeches be limited to five minutes each, except that ten minutes be allowed to the mover of the amendment; and that five minutes then be allowed to a member of the minority of the committee on Initiative and Referendum and five minutes to a member of the majority of said committee. Mr. Ross of New Bedford moved that this motion be amended by the substitution of the following: That, on the pending matter, speeches be limited to five minutes each; that general debate be closed at eleven o'clock A.M. on Friday next; and that fifteen minutes then be allowed to a member of the minority of the committee on Initiative and Referendum and fifteen minutes to a member of the majority of said committee. After debate the question was put on the adoption of the amendment moved by Mr. Ross, and 92 members voted in the affirmative and 105 in the negative. WEDNESDAY, NOVEMBER 7, 1917. 429 The sense of the Convention was then taken by yeas and nays, at the request of Mr. Ross; and on the roll call 134 members voted in the affirmative and 112 in the negative, as follows: YEAS. Adams, Brooks Adams, Smith J. Anderson, Frederick L. A very, Nathan P. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Blackmur, Paul R. Boucher, Joseph Zoel Bowen, Patrick Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Creamer, Walter H. Creed, James F. Cummings, John W. Curtis, Arthur B. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Feiker, William H. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Fraser, Eugene B. Frost, Archie N. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Graumann, John Green, Thomas H. Messrs. Haines, Benjamin F. Hale, Matthew . Hall, Frederick S. Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Keliher, Johti A. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Knotts, J. Franklin Lane, Dwight F. Larson, Charles G. Leonard, Joseph J. Lomasney, Martin M. Look, William J. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. McLaud, Abner S. Merrill, George Frye Mitchell, Charles MitcheU, John Moran, William Moriarty, James T. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newton, H. Huestis Nutting, Edward H. O'Connell, John P. O'Connell, Joseph F. Peirce, Albion G. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Sullivan, Joseph M. 430 JOURNAL OF THE CONVENTION, Messrs. Sullivan, William H. Sullivan, William J. Swig, Louis Theller, Ralph L. Thompson, Edward Twomey, John C. Walker, George Messrs. Walker, Joseph Walsh, David I. Webster, George P. Whipple, Sherman L. Whitehead, James Wilson, William H. Winslow, Guy M. NAYS. Messrs. Adams, Charles Francis Bailey, Charles O. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Besse, Harold A. Bolster, Percy G. Bouve 1 , Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brooks, George F. Brown, Samuel F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Curtis, Edwin U. Curtiss, Elmer L. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Ferrey, Irving D. Ferry, James R. French, Asa P. Gates, Joseph S. 134 yeas; Messrs. George, Samuel W. Gleason, Nesbit G. Greenwood, Hamlet S. Hall, Elisha S. Hall, Isaac Freeman Hibbard, Charles E. Hobbs, Clarence W., Jr. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Langelier, Louis F. R. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. McAnarney, John W. Merriam, John M. Michelman, Joseph Montague, David T. Moore, Charles D. C. Morrill, Charles H. Morton, James M. Newhall, Arthur N. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Shattuck, Josiah B. Smith, Jerome S. Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William Williams, Fred Homer Wing, Herbert Wood, Charles J. Youngman, William S. 112 nays. Therefore the amendment was adopted. WEDNESDAY, NOVEMBER 7, 1917. 431 Mr. Underbill of Somerville moved that the vote be recon- Motion to sidered. After debate the question was put, and 102 members reconsider - voted in the affirmative and 94 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Ross of New Bedford; and on the roll call 123 members voted in the affirmative and 132 in the negative, as follows : YEAS. Messrs. Adams, Charles Francis Bailey, Charles O. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Besse, Harold A. Blackmur, Paul R. Bolster, Percy G. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brooks, George F. Brown, Samuel F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, j. Howell Crossley, William Cyril Curtis, Edwin U. Curtiss, Elmer L. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Ferrey, Irving D. Ferry, James R. Fraser, Eugene B. French, Asa P. Messrs. Gates, Joseph S. George, Samuel W. Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Isaac Freeman Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Knotts, J. Franklin Lane, Daniel W. Langelier, Louis F. R. Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. McAnarney, John W. Merriam, John M. Michelman, Joseph Mitchell, Charles Montague, David T. Moore, Charles D. C. Morrill, Charles H. Morton, James M. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Shattuck, Josiah B. Smith, Jerome S. Smith, Rutherford E. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Swig, Louis Tatman, Charles T. Theller, Ralph L. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Turner, Joseph Underhill, Charles L. Walcott, Robert 432 JOURNAL OF THE CONVENTION, Messrs. Washburn, Albert H. Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William Messrs. Williams, Fred Homer Wing, Herbert Wood, Charles J. Yoimgman, William S. NAYS. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Avery, Nathan P. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Boucher, Joseph Zoel Bowen, Patrick Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Curtis, Arthur B. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. ' Donovan, James A. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Feiker, William H. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Graumann, John Green, Thomas H. Haines, Benjamin F. Messrs. Hale, Matthew Hall, Frederick S. Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kenny. Herbert A. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Larson, Charles G. Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch. John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Mitchell, John Moran, William Moriarty, James T. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John P. O'Connell, Joseph F. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Sparrell, Ernest H. WEDNESDAY, NOVEMBER 7, 1917. 433 Messrs. Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Talbot, Harry R. Thompson, Edward Twomey, John C. Walker, George Messrs. Walker, Joseph Walsh, David I. Webster, George P. Whipple, Sherman L. Whitehead, James Wilson, William H. Winslow, Guy M. debate. 123 yeas; 132 nays. Therefore the motion to reconsider was negatived. The question was then put on the motion of Mr. Underbill, as Limit of amended, and 99 members voted in the affirmative and 104 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Ross of New Bedford; and on the roll call 133 members voted in the affirmative and 129 in the negative, as follows : YEAS. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Avery, Nathan P. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Boucher, Joseph Zoe'l Bowen. Patrick Boynton, Thomas J. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr. Edward Clark, Ezra W. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Curtis, Arthur B. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Messrs. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Feiker, William H. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Graumann, John Green, Thomas H. Haines, Benjamin F. Hale, Matthew Hall, Frederick S. Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Larson, Charles G. Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. 434 JOURNAL OF THE CONVENTION, Messrs. McLaud, Abner S. Merrill, George Frye Mitchell, John Moran, William Moriarty, James T. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John P. O'Connell, Joseph F. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Messrs. Adams, Charles Francis Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Besse, Harold A. Blackmur. Paul R. Bolster, Percy G. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brooks, George F. Brown, Samuel F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman. James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Messrs. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Sparrell, Ernest H. Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Talbot, Harry R. Theller, Ralph L. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, George P. Whipple, Sherman L. Whitehead, James Wilson, William H. Winslow, Guy M. NAYS. Messrs. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Ferrey, Irving D. Ferry, James R. Fraser, Eugene B. French, Asa P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Isaac Freeman Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Knotts, J. Franklin Lane, Daniel W. Langelier, Louis F. R. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. WEDNESDAY, NOVEMBER 7, 1917. 435 Messrs. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. McAnarney, John W. Merriam, John M. Michelman, Joseph Mitchell, Charles Montague, David T. Moore, Charles D. C. Morrill, Charles H. Morton, James M. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Putnam, Harry B. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Shattuck, Josiah B. Smith, Jerome S. Smith, Rutherford E. Messrs. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Swig, Louis Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underhill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William Willett, George Franklin Williams, Fred Homer Wing, Herbert Wood, Charles J. Youngman, William S. 133 yeas; 129 nays. Therefore the motion, as amended, was adopted, as follows: Limit of "That, on the pending matter, speeches be limited to five debate - minutes each; that general debate be closed at eleven o'clock A.M. on Friday next; and that fifteen minutes then be allowed to a member of the minority of the committee on Initiative and Referendum and fifteen minutes to a member of the majority of said committee." Mr. Luce of Waltham moved that the resolution be amended Mr. Luce, - ., amendments. as follows: By inserting after line 111 the following paragraph: "A proposed law shall delegate to an agency therein specified the power of enacting provisions to effect the purpose of such law."; By inserting after line 120 the following paragraph: "If of the measures introduced into the general court by initiative petition in any one year, more than five fail of enact- ment by the general court, and the petitions relating to more than five are duly completed, the five that received the larger votes of the senate and house of representatives combined, and no more, shall be submitted to the people at the next state election. The measures not so submitted shall be deemed to be introduced into the next session of the general court and pending in the house of representatives."; By inserting after line 143 the following paragraph: "If proposed laws contain conflicting provisions, in the opinion of the attorney-general, only that law which receives the largest vote of the senate and house of representatives combined shall be submitted to the voters. If it is rejected, the law that re- ceived the second largest number of votes shall be put on the ballot at the succeeding election, and so on until one has been accepted or all have been rejected: provided, however, that the 436 JOURNAL OF THE CONVENTION, initiative petition for each law shall be completed as herein pro- vided."; and By inserting after the word "commonwealth", in line 198, the words ", or to an individual, association, or corporation". ^ r< Walker of Brookline moved that the resolution be amended as follows : By striking out lines 75 to 78, inclusive; By striking out, in line 81, the words "four per cent of the", and inserting in place thereof the words "twenty thousand"; by striking out, in lines 82, 83 and 84, the words "calculated upon the whole number of votes cast for governor at the last preceding election,"; by striking out, in line 94, the words "one per cent", and inserting in place thereof the words "five thou- sand signatures"; and by striking out, in lines 95 and 96, the words "calculated upon the whole number of votes cast for governor at the last preceding election,"; By adding after the word "petition", in line 202, the words " : provided, that, if a law approved by the people is not re- pealed, the general court shall raise by taxation or otherwise and shall appropriate such money as may be necessary to carry such law into effect"; By striking out, in lines 211, 243 and 271, the word "sixty", and inserting in place thereof, in each instance, the word "ninety"; By inserting after the word "provided", in line 225, the words ", that the governor may, at any time before the election at which it is to be submitted to the people on referendum, declare any law to be an emergency measure hereunder by filing with the secretary of the commonwealth a statement setting forth the facts constituting the emergency, and that in his opinion the immediate preservation of the public peace, health, safety or convenience require that such law should go into operation forth- with, then such law, if not previously suspended as hereinafter provided, shall take effect without suspension, or if such law has been so suspended such suspension shall thereupon terminate and such law shall thereupon go into effect: and provided, further"; By striking out, in lines 309 and 310, the words "and for penalties for the circulation of petitions for hire or reward,"; and by adding after the word "to", in line 318, the words "The general court may provide by law that no copartnership or cor- poration shall circulate petitions for hire or reward, may require individuals to be licensed and may make other reasonable regula- tions to prevent abuses arising from the circulation of petitions for hire or reward."; and By striking out, in line 319, the word "one-eighth", and inserting in place thereof the word "one-fourth". Mr. Putnam,- After debate Mr. Putnam of Westfield moved that the resolu- amendments. ,. , , , .. tion be amended as follows: By striking out, in lines 16 and 17, the words "or by recom- mendation of the governor by message,"; By striking out, in lines 39 to 43, inclusive, the words "An amendment introduced by recommendation of the governor shall WEDNESDAY, NOVEMBER 7, 1917. 437 be voted upon either in the form in which it was originally recom- mended or in such amended form as the governor may by mes- sage approve or substitute."; and By striking out, in lines 44 and 45, the words "or by the gov- ernor". Mr. Loring of Beverly moved that the resolution be amended by striking out, in lines 87, 88 and 89, the words "and if the general court into which it is introduced fails to enact such law", and inserting in place thereof the words "or as amended by a vote of three-fourths of the members present and voting in each branch. If the combined vote cast in the two houses in favor of such law shall be equivalent to at least one-third of the total number of members elected to the general court but enact- ment fails". Mr. Churchill of Amherst moved that the resolution be Mr. Churchill, amended as follows : By striking out, in line 18, the word "otherwise"; and by inserting after the word "introduced", in the same line, the words "into the general court without such initiative petition, authority for which mode of introduction is hereby specifically granted and continued,"; and By striking out, in lines 51 and 61, the word "one-quarter", and inserting in place thereof, in each instance, the word "one- third". Mr. Blackmur of Quincy moved that the resolution be amended H by striking out, in lines 15 and 16, the words "twenty-five thousand qualified voters", and inserting in place thereof the words " five per cent of the qualified voters of the commonwealth, calculated upon the whole number of votes cast for governor at the last preceding election,". Mr. Hibbard of Pittsfield moved that the resolution be amended as follows: By striking out, in lines 5 and 6, the words "and amendments to the constitution"; and By striking out lines 13 to 78, inclusive. Mr. Bailey of Newbury moved that the resolution be amended by striking out, in line 273, the words "ten thousand", and in- serting in place thereof the words "five per cent of"; and by inserting in line 274, after the word "commonwealth", the words ", calculated upon the whole number of votes cast for governor at the last preceding election". Mr. Pillsbury of Wellesley moved that the resolution be Mr. pnisbury, amended as follows I ~ amendments. By striking out, in lines 5 and 6, the words "and amendments to the constitution"; By striking out lines 13 to 74, inclusive; By inserting after the word "rights", in line 77, the words ", or inconsistent therewith,"; By striking out, in line 122, the word "either"; By striking out, in lines 122 to 125, inclusive, the words "or in the case of a constitutional amendment by a majority of those 438 JOURNAL OF THE CONVENTION, present and voting thereon in joint convention held as herein provided,"; By striking out lines 132 to 135, inclusive; By striking out, in line 137, the words "two or more constitu- tional amendments, or of"; By striking out, in lines 140 and 141, the words "in the con- stitutional amendment, or"; By striking out, in line 141, the words ", as the case may be,"; By striking out, in lines 145 and 153, the words "constitu- tional amendment or"; By striking out, in line 322, the words "proposed amendment to the constitution, and each"; By striking out lines 330 to 335, inclusive; and By striking out, in line 336, the words "In the case of a law:". Mr. Wellman of Topsfield moved that the resolution be amended by inserting after line 295 the following paragraph: - "No law relating to the appointment, qualification, tenure or removal or compensation of judges, or relating to the powers, creation or abolition of courts, shall be the subject of such refer- endum petition." Mr :_ Pa ^ m ^i Mr. Parkman of Boston moved that the resolution be amended by striking out, in lines 87 and 88, the words "and if", and in- serting in place thereof the words "or as amended by a vote of three-quarters of the members present and voting in each branch, and if of the members present and voting one-third of the house and one-fourth of the senate vote for such enactment, but". r ame^dmeSs ^- r ' Washburn of Middleborough moved that the resolution be amended as follows: By striking out, in lines 17 and 18, the words "or if in case of a proposal for amendment otherwise introduced"; By striking out, in lines 46 and 47, the words ", and an amendment otherwise introduced shall be designated a legisla- tive amendment"; By striking out, in lines 48, 49 and 50, the words "if a legisla- tive amendment shall be agreed to by a majority of all the members elected to the general court, or"; By striking out, in line 52, the words "in either case"; By striking out, in lines 55 to 59, inclusive, the words "If any legislative amendment shall again be agreed to by a majority of all the members elected to the next general court, voting in a joint session of the two houses to be held as aforesaid, it shall then be submitted by the general court to the people."; By striking out, in lines 67 and. 68, the words "if approved in the case of a legislative amendment by a majority of the voters voting thereon, or"; and By striking out, in lines 73 and 74, the paragraph "Article IX of the amendments to the constitution is hereby annulled." Mr. Richard- ]\j; r Richardson of Newton moved that the resolution be amendments, amended as follows : By inserting after line 78 the following paragraph : "No part of the constitution which provides for the establish- ment of the popular initiative and referendum shall be the sub- ject of an initiative petition."; and WEDNESDAY, NOVEMBER 7, 1917. 439 By inserting after line 78 the following paragraph : "No part of the constitution specifically excluding any matter from the operation of the popular initiative and referendum shall be the subject of an initiative petition." Mr. Burns of Pittsfield moved that the resolution be amended by adding after the word "repealed", in line 286, the words " : provided, that no such law shall be held to be disapproved if the negative vote is less than thirty per cent of the highest number of votes cast at such state election". Mr. Swig of Taunton moved that the resolution be amended by inserting after line 74 the following paragraph: "Provided, however, that no amendment to the constitution re- lating to religion, religious practices or religious institutions shall be the subject of an initiative petition." Mr. George of Haverhill moved that the resolution be amended Mr - George, amendments. as follows: By striking out lines 75 to 78, inclusive, lines 196 to 209, inclusive, and lines 287 to 295, inclusive; and by inserting before line 296 the following paragraph : "No measure annulling, abrogating or repealing the provisions of the declaration of rights, or inconsistent therewith, and no measure relating to or affecting the judiciary; and no measure protecting the public health and public safety; and no law making a specific appropriation of money from the treasury of the commonwealth, and no law appropriating money for the current or ordinary expenses of the commonwealth, or any of its- departments, boards, commissions or institutions; and no law the operation of which is restricted to a distinct section of the commonwealth, unless such law involve financial obligations on the part of the commonwealth; and no law containing unrelated subjects, shall be the subject of an initiative and referendum petition as herein provided."; By inserting after the word "recommendations", in line 301, the words ", with the reason therefor,"; and By inserting after the word "Provision", in line 307, the words "for carrying the intiative and referendum into effect, and". Mr. William H. Sullivan of Boston moved that the resolution Mr. Sullivan, be amended by striking out, in line 206, the word "powers,". amendment. Mr. Kinney of Boston then moved that the Convention ad- Adjournment, journ; and this motion prevailed. Accordingly, at twenty-five minutes before four o'clock, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. '110 JOUKNAL OF TIIK OONVKNTION, THURSDAY, November s, H)17. Met. according In adjournment, ul, half-past ten o'clock A.M. Prayer \\asollVivd l.v Uev. Ceor^e Krnesl Merriam of Leave of Absence. On motion of Mr. McCormaek of lloslon, tuW. Onlrn-tl, That Mr. Perry of Hoslon he granted leave of ahsence, Ulldcr Rule 13, because of his enlistment m MM military service of the national Qiiiiruin. Conunilti-r .lullioricil In N/V Durinii Nr.v.v/o;/.v of thr On motion of Mr. Lorintf of Beverly, Onfi-n-il. Th:i( Ihr coinniillrr on P'onn and Phraseology he granted Irjive lo si I dnrin:'; the sessions of th<' Convention. Quorum. Mr. (ilcason of Andover l.hcn moved lliat tin* roll of (.he ( \>n- veiilion l>e ealh-d, (o ,'iseerliiin if a (inonim \vas presi-nl ; and this iinlioii prevailed. The roll \vas called; and L'LM) niemliers answered to their naim as follows: Messrs. Anderson, Frederick L. A very, Nathan IV Aylward, James K. Hailey, Charles ( ). Halch, I'Van -is N. Haiif.s, I'Vai Hiirne ;, ( Ie. Hjirret t , Jai Hartlell, II. race I. H.T.'.el I . 1,1 ill!], I Hatchelder, Albert \V. Hates, John L. , Kiilpli S. Hedev, Join II. HiRuey, |{ Hlackmur, I aul \\ . Hodlish, John l>. \\ . Holster, Percy Q. Hosuorth. Henry II. Houcher. Jos.ph' /oel Houve, \\ niter L. HO\VMI. Patrick Hoyden, 1-Yunk L. Hover, I'lmer 10. Ko\ nton. r riu)in:lM .T. Braokett, John Q. A, Messrs. Hroderiek, Patric.k S. Hrooks, (leoi^e !'. Hrowu. Iv < ierrv Hrowu, Samuel 1ert, P. irk, Chester W. iliiian, James M., Jr. c. S. Hamilton It-mau. (;e,)iy, YY. Mul.s. /elotes W. Corrii!;an. Ivohert S. CouKhlan, \\illiamJ. TIU'K'SDAY, NOYKMUKi; s, 11)17. Messrs. Crafts, Lvni.m A ( ImuiKU-, \\:ill.rr II. ( Ytu-d, James I' 1 . < 'lo:,l>\ , .1. llowrll Cummmgs, John \\. ( 'url is, Kdwm I '. Klmer L. ( 'nsiek. John I''. I >:ile, ( ;.-.)ifc || Dlllrv, IVIrr Daly, John \v. I >:i\ i.;, Klln-idgc (1. I >e:m, L'oheM \ I >e|;me\ , LOUJ I )rl:illo, L'olirrl, T. I >ellm?',er, L':i\ iiiond T. I >erl>y; Jure. JjiinrM 1 1.. I >onnell\ , .IM.IIHV; I'. I >ono\:m, I >:mie| L'. Dor.'lll, .l.-i.iiir:; I'. I >resser, I'l.-mk I' 1 . I Ml. ..Mill. I )rnni,< I). I >illcli, ( 'h:n Ic :; I'Yrdrnrk I ':ini .\\orlh, I'Y.-i.nk S. Feiker, w.ii..-.,,. n. Lenvy, Irving I >. l ( 'rrry, .hum- 1 1. FUherty. NViiiiuin I'lyiiii, iM:i.unc<- I;. IMISS, ( ii-oi re 1 1 I i.i lor, I ur.rii'' i:. I'Vciicli, \ I'Vo::!.. An-liir N. ( ;;ul:ui(l, l'V:iiK i I' < i.'llr;;, .l.i.;c|i[| S l-inl, Ili-iirv Is. ( ;.!(.., S:I.IIIIH-| \\ . ( Jiddin^s, ( 'liarlcM < il:i,/irr, I'Vcdi-i'irk P. Nesbit G. < iivcn, 'riiciin.-i.:; I I ( ircciiwood, ll:i,iiilot S. Male, I'ldu.'iid It. ll.'llr, ,M;i! | ||r\v llnll, Frederick s. Null, IHIUK: |''|"'IMII:I.II ii:iiiiiii.n, ,\Miir-\v Foiter ll:irdiii!',, ( l.-i.r.-ncr W. I l:u 1 1111:111, Arl.lnir N. I lilihn.rd. < 'li:ii !< ; Is. I lohhs, < 'liuciicc \\ 7 ., Jr. I loil.l,, .\lif.n ;l u : .1 llul.rlimj'S, llrniy M. .li)liiisnn, ( !lmrlt!H It. JoiK'S, < icol !( I,' . Krlilu-r, John \ Ki-lli-y. < Jfdi-j-.i- \\'. Krlly, l/llkr I ,. Kciiclick, 'riiiilll.M.S \V. Kenny, I Irrl .<-H. A. Kilhon, Jolin L. KiiiiH-v, \\ illiiun S. Kn.-il, A.M. iir S. Messrs. Knoll ;, J. l''i .-iiiklin Liuio, I )uniel \V . L.'inr, I )\\i!-.!il I-'. L:injj;elier, Louis F. 11. l>ur,soii, Cliurlrs (i. Lel>oeilf, 'I'elesplioro Lroii.'il.l, .Iii:ii-|)|| J. Link.-, Kn-d |{. l.oinjiHiioy, Martin M. Look, \\I||I:LI,, .1. Lonnjr, AuKUHl.iiM T. Love, Jo:;'|,|i A. Lowe. Allhlll- II. Lowell, .1 Lllee, |;,,|,rrl. Lnniiiiiis, lleni-y T. l.\ Ml.-l.ll. I'l-.-IIlk I'l. LyiK'li, John ( !. M:ie,M;i:;trr, Ldu.ild A. M:ih.niry. John J. M.'inslirld, John J. McAiuirnry, John \\'. McCarthy, Cvlnuirs i- 1 . MoCormaok, John \v. MrKi-Mii, I'Vnneis I'. MrL.-iud, Ahner S. Mrrn.-i.iii, John M. MOM ill, ( leor^e Frye Miehelni.'in, Jo ,c ( >h Mit('lirll, ( 'h.'irle.s .Mitchell, John Montague i >M\ id T. i\ioi an, vv inuun Mori ill, ( 'h:ii|e; I I. Morion, .l:inie , M. Mo\ nih.-in, J:iiiie:; J. Mill-ley, Joseph J. M\ ion, John I 1 '. Nestor, I'M I nek F. Nrwlon, ||. lluesl.is \iillii.M, l-Mwjinl II. < >'< 'oiinrll. J () !,n J OVonnell, John I'. Parker, George 8. I'.'l.lker, ||i-llir| I. 'arkmun, Henry Vln ,,n, I'.-ihn-k 'illsliury, Alherl 10. Sainuol L. , Unify II. Jo:.i:ih nn, TnnoUi v I 1 '. v, llrrlirrl. L. dv, Mieh:iel J. h:ud;on, I'ldu.-inl A. uine.s I 1 . l.ins, Mdw.'ird J. .in ion, < leoiye II. Sli ili:ili:i.n, \\ illi.'iin J . Sh I.I I lirl, , Jo;,i:ih I',. Shaw, Mich.'iel |i\ John T. 442 JOURNAL OF THE CONVENTION, Messrs. Sherburne, Nelson Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Sullivan, Edmund G. Sullivan, Michael A. Sullivan, William H. Sweeney, Edward A. Sweet, Joseph L. Swig, Louis Talbot, Harry R. Tatman, Charles T. Thompson, Edward Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Twomey, John C. Underbill, Charles L. Walcott, Robert Messrs. Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Washburn, Charles G. Waterman, George B. Webster, Francis E. Weekes, George LeRoy Wellman. Arthur Holbrook Wheeler, William Whipple, Sherman L. White, John A. Whitehead, James Whittier, Eugene P. Williams, Fred Homer Wilson, William H. Wing, Herbert Winslow, Guy M. Wonson, Carlton W. Wood, Charles J. Therefore it appeared that a quorum was then present. Initiative and referendum. Order of considering amendments. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to provide for establishing the popular initia- tive and referendum (Doc. No. 367), being the unfinished busi- ness of the last session, was considered further, the main question being on ordering it to a third reading. Mr. Churchill of Amherst moved that, until the time is reached for closing debate upon the question of ordering to a third read- ing the pending resolution, all proposed amendments be discussed in the order in which they were moved; that twenty minutes be allowed for general debate on each amendment, the speakers to be allowed five minutes each; that at the close of general debate a member of the minority and a member of the majority of the committee shall be allowed five minutes each; and thereupon a vote shall be taken upon the amendment. After debate the question was put, and 122 members voted in the affirmative and 91 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Ross of New Bedford; and on the roll call 141 members voted in the affirmative and 118 in the negative, as follows : YEAS. Messrs. Adams, Charles Francis Adams, Scott Anderson, Frederick L. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Messrs. Bates, Sanford Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouv<, Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brooks, George F. Brown, Samuel F. Bruce, Charles THURSDAY, NOVEMBER 8, 1917. 443 Messrs. Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Coombs, Zelotes W. Costello, Francis M. Cox, Guy W. Crafts, Lyman A. Crosby, J. Howell Curtis, Edwin U. Curtiss, Elmer L. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Doe, Orestes T. Dresser, Frank F. Driscoll, Dennis D. Dutch, Charles Frederick Farnsworth, Frank S. Ferrey, Irving D. Ferry, James R. Fisher, Edward Foss, George H. Fraser, Eugene B. French, Asa P. Frost, Archie N. Gates, Joseph S. Gay lord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hale, Matthew Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M, Jones, George R. Kelley, George W. Kenefick, Thomas W. Kilbon, John L. Kinney, William S. Kneil, Arthur S. Messrs. Adams, Brooks Avery, Nathan P. Aylward, James F. Barrett, James T. Messrs. Knotts, J. Franklin Leonard, Joseph J. Linke, Fred R. Look, William J. Loring, Augustus P. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. McAnarney, John W. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, George S. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Quincy, Josiah Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Sullivan, Edmund G. Sullivan, Michael A. Sweeney, Edward A. Sweet, Joseph L. Swig, Louis Tatman, Charles T. Theller, Ralph L. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Webster, Francis E. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wood, Charles J. NAYS. Messrs. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. 44'4 JOURNAL OF THE CONVENTION, Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James H. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coakley, Daniel H. Coleman, George W. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Doran, James P. Driscoll, Timothy J. Feiker, William H. Flaherty, William Flynn, Maurice R. Gallagher, Daniel J. Garland, Francis P. Glazier, Frederick P. Good, John P. Graumann, John Green, Thomas H. Hall, Frederick S. Harding, Clarence W. Harriman, Arthur N. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Lane, Dwight F. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Lomasney, Martin M. Messrs. Love, Joseph A. Lynch, John C. Mac Master, Edward A. Maguire, James E. Mahoney, John J. Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, Joseph F. Pelletier, Joseph C. Peterson, Patrick Quinn, Timothy F. Ray, Herbert L. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sparrell, Ernest H. Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Talbot, Harry R. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, George P. Whipple, Sherman L. Whitehead, James Wilson, William H. Winslow, Guy M. Wonson, Carlton W. Mr. Luce, amendment. 141 yeas; 118 nays. Therefore the motion of Mr. Churchill was adopted. The question first came on the pending amendment, moved by Mr. Luce of Waltham, inserting after line 111 a new para- graph. After debate Mr. Luce, there being no objection, modified the paragraph so as to read as follows: "A proposed law shall delegate to an agency therein specified THURSDAY, NOVEMBER 8, 1917. 445 the power and duty of enacting provisions to effect the purpose of such law." After debate the question was put, and 68 members voted in Mr. Luce, the affirmative and 78 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Luce; and on the roll call 84 members voted in the affirmative and 169 in the negative, as follows: amendment. YEAS. Messrs. Adams, Scott Bailey, Charles O. Bangs, Francis R. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Bennett, Frank P. Benton, Everett C. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Boyer, Elmer E. Brackett, John Q. A. Brown, Samuel F. Bryant, Lincoln Buck, Maurice A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark Chester W. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Coombs, Zelotes W. Crafts, Lyman A. Cusick, John F. Dale, George H. Delano, Robert T. Doe, Orestes T. Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Foss, George H. Gates, Joseph S. Gaylord, Henry E. Greenwood, Hamlet S. Messrs. Adams, Brooks Adams, Charles Francis Anderson, Frederick L. Avery, Nathan P. Aylward, James F. Balch, Francis N. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bergengren, Roy F. Messrs. Hale, Edward R. Hall, Frederick S. Hibbard, Charles E. Jones, George R. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Linke, Fred R. Look, William J. Loring, Augustus P. Luce, Robert Lynch, John C. Mitchell, Charles Montague, David T. Morton, James M. Parker, George S. Parker, Herbert Pillsbury, Albert E. Powers, Samuel L. Richardson, Edward A. Shattuck, Josiah B. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Swig, Louis Thompson, Hubert C. Trefry, William D. T. Underbill, Charles L. Washburn, Albert H. Waterman, George B. Webster, George P. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Youngman, William S. NAYS. Messrs. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bouve", Walter L. Bowen, Patrick Brennan, James H. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bruce, Charles 446 JOURNAL OF THE CONVENTION, Messrs. Bullock, William J. Burns, William A. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coakley, Daniel H. Codman, James M., Jr. Coleman, George W. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Crosby, J. Howell Cummings, John W. Curtis, Edwin U. Curtiss, Elmer L. Daly, John W. Davis, William R. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, James A. Donovan, Thomas F. Doran, James P. Dresser, Frank F. Driscoll, Dennis D. Driscoll, Timothy J. Dutch, Charles Frederick Ferry, James R. Flaherty, William Flynn, Maurice R. Fraser, Eugene B. French, Asa P. Frost, Archie N. Gallagher, Daniel J. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Graumann, John Green, Thomas H. Haines, Benjamin F. Hale, Matthew Hall, Isaac Freeman Hamilton, Andrew Foster Harding, Clarence W. Harriman, Arthur N. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Hutchings, Henry M. Johnson, Charles R. Keliher, John A. Kelley, George W. Kelly, Luke L. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Langelier, Louis F. R. Messrs. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lowell, James A. Lyman, Frank E. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. McLaud, Abner S. Merriam, John M. Merrill, George Frye Michelman, Joseph Mitchell, John Moore, Charles D. C. Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. Parkman, Henry Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Putnam, Harry B. Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Richardson, James P. Rieutprd, Louis O. Robbins, Edward J. Ross, Samuel Saunders, Amos T. Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sparrell, Ernest H. Stoneman, David Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Tatman, Charles T. Theller, Ralph L. Thompson, Edward Thompson, John L. THUKSDAY, NOVEMBER 8, 1917. 447 Messrs. Tilton, Rufus H. Messrs. Webster, Francis E. Turner, Joseph Whipple, Sherman L. Twomey, John C. Whitehead, James Walcott, Robert Wilson, William H. Walker, George Winslow, Guy M. Walker, Joseph Wonson, Carlton W. Walsh, David I. Wood, Charles J. Washburn, Charles G. 84 yeas; 169 nays. Therefore the amendment was rejected. Mr. McAnarney of Quincy being in the chair, the question Mr. Luce, then came on the pending amendment, moved by Mr. Luce of a 6 ^ 01611 *- Waltham, inserting after line 120 the following paragraph: "If of the measures introduced into the general court by initiative petition in any one year, more than five fail of enact- ment by the general court, and the petitions relating to more than five are duly completed, the five [A] that received the larger votes of the senate and house of representatives combined, and no more, shall be submitted to the people at the next state elec- tion. The measures not so submitted shall be deemed to be introduced into the next session of the general court and pending in the house of representatives." After debate Mr. Bates of Boston moved that the amendment Mr. Bates, be amended by striking out, at "A", the words "that received amendment - the larger votes of the senate and house of representatives com- bined", and inserting in place thereof the words "on the peti- tions accompanying which appear the larger number of signatures of registered voters". After further debate the amendment moved by Mr. Bates was rejected; and the amendment moved by Mr. Luce was rejected, by a vote of 76 to 100. At one o'clock, under the provisions of a standing order, the Recess. Chair (Mr. McAnarney) declared a recess until two o'clock; at which hour the Convention reassembled. Mr. Sawyer of Ware moved that, if the convention is in session Proposed at five o'clock P.M., the President shall declare a recess until seven o'clock this evening; and that, if the Convention is in session at nine o'clock P.M., the President shall declare adjourn- ment. The same member doubted the presence of a quorum; and the Quorum. Chair (Mr. McAnarney) requested the Sergeant-at-Arms to se- cure the attendance of a quorum. Soon afterwards Mr. Edwin U. Curtis of Boston moved that the roll of the Convention be called, to ascertain if a quorum was present; and this motion prevailed. The roll was called; and 230 members answered to their names, as follows: Messrs. Adams, Brooks Messrs. Avery, Nathan P. Adams, Charles Francis Aylward, James F. Adams, Scott Bailey, Charles O. Adams, Smith J. Ballantyne, John Anderson, Frederick L. Bangs, Francis R. 448 JOURNAL OF THE CONVENTION, Messrs. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Besse, Harold A. Bicknell, Wallace H. Bigney, Robert E. Blackmur, Paul R. Bodfish, John D. W. Bosworth, Henry H. Boucher, Joseph Zoel Bowen, Patrick Boy den, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brennan, James H. Broderick, Patrick S. Brown, E. Gerry Brown, Samuel F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Bullock, William J. Burns, William A. Butler, A. Webster Buttrick, Allan G. Callahan, Timothy F. Carr, Edward Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Coleman, George W. Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Corrigan, Robert S. Costello, Francis M, Coughlan, William J. Crafts, Lyman A. Creamer, Walter H. Creed, James F. Crosby, J. Ho well Cummings, John W. Curtis, Edwin U. Cusick, John F. Dale, George H. Daley, Peter Daly, John W. Davis, Elbridge G. Davis, William R. Dean, Robert A. Delaney, Louis F. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Messrs. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Dresser, Frank F. Driscoll, Dennis D. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Finn, E. Philip Flaherty, William Flynn, Maurice R. Foss, George H. Fraser, Eugene B. French, Asa P. Frost, Archie N. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Graumann, John Green, Thomas H. Greenwood, Hamlet S. Hale, Matthew Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Harding, Clarence W. Harriman, Arthur N. Hibbard, Charles E. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Hutchings, Henry M. Johnson, Charles R. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kerr, Alexander Kilbon, John L. Kinney, William S. Kneil, Arthur S. Lane, Dwight F. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Linke, Fred R. Lomasney, Martin M. Look, William J. Loring, Augustus P. Love, Joseph A. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Lynch, John C. THURSDAY, NOVEMBER 8, 1917. 449 Messrs. Maguire, James E. Mahoney, John J. Mansfield, John J. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. McLaud, Abner S. Merriam, John M. Merrill, George Frye Mitchell, Charles Montague, David T. Moore, Charles D. C. Moran, William Morrill, Charles H. Morton, James M. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. Parker, George S. Parker, Herbert Parkman, Henry Peirce, Albion G. Peterson, Patrick Pillsbury, Albert E. Powers, Samuel L. Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Richardson, Edward A. Richardson, James P. Rieutprd, Louis O. Robbins, Edward J. Ross, Samuel Saunders, Amos T. Sawyer, Roland D. Messrs. Scigliano, Alfred P. Shanahan, William J. Shattuck, Josiah B. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Smith, Jerome S. Sparrell, Ernest H. Stearns, Harry N. Sullivan, Edmund "G. Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sweeney, Edward A. Sweet, Joseph L. Swig, Louis Tatman, Charles T. Thompson, Edward Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Turner, Joseph Underbill, Charles L. Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Washburn, Charles G. Waterman, George B. Webster, Francis E. Webster, George P. Wellman, Arthur Holbrook Wheeler, William Whipple, Sherman L. White, John A. Whitehead, James Whittier, Eugene P. Williams, Fred Homer Wilson, William H. Wing, Herbert Winslow, Guy M. Wonson, Carl ton W. Wood, Charles J. Therefore it appeared that a quorum was then present. After debate the motion for an evening session was negatived. The question next came on the pending amendment, moved by Mr. Luce, Mr. Luce of Waltham, inserting after line 143 a new paragraph. After debate Mr. Quincy of Boston moved that the amendment be amended by substituting, for the words proposed to be in- serted, the following paragraphs: "The provisions of a constitutional amendment approved at any election shall apply to any law approved at the same election in the same manner as if such amendment had been in force prior to such election. "The general court by resolve passed as aforesaid may provide for grouping and designating upon the ballot either as conflicting measures or as alternative measures, only one of which is to be adopted, any two or more proposed constitutional amendments, or any two or more proposed laws, which have been or may be 450 JOURNAL OF THE CONVENTION, Mr. Luce, amendment. Mr. Driscoll, amendments. Mr. Luce, amendment. passed or qualified for submission to the people at any one election, under the provisions of this amendment or otherwise: provided, that a proposed constitutional amendment and a pro- posed law shall not in any case be so grouped, and that the ballot shall afford an opportunity to the voter to vote for each of the measures or for only one of the measures, as may be pro- vided in said resolve, or against each of the measures so grouped as conflicting or as alternatives. In case more than one of the measures So grouped shall receive the vote required for its ap- proval as herein provided, only that one of the same for which the largest affirmative vote was cast shall be deemed to be ap- proved." After further debate the amendment moved by Mr. Quincy was adopted, by a vote of 106 to 64; and the amendment of Mr. Luce, as thus amended, was adopted. Mr. Dennis D. Driscoll of Boston then moved that the reso- lution be amended by striking out, in lines 199 and 200, and in lines 289, 290 and 291, the words "and no law relating to religion, religious practices or religious institutions,". The question next came on the pending amendment, moved by Mr. Luce of Waltham, inserting after the word "commonwealth", in line 198, the words ", or to an individual, association, or corporation". After debate the question was put, and 112 members voted in the affirmative and 99 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 124 members voted in the affirmative and 132 in the negative, as follows : YEAS. Messrs. Adams, Brooks Adams, Charles Francis Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Besse, Harold A. Bicknell, Wallace H. Blackmur, Paul R. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brown, Samuel F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Messrs. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Crafts, Lyman A. Crosby, J. Howell Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Dellinger, Raymond P. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farns worth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Foss, George H. Fraser, Eugene B. French, Asa P. Gates, Joseph S. THUKSDAY, NOVEMBER 8, 1917. 451 Messrs. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Graumann, John Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Linke, Fred R. Look, William J. Loring, Augustus P. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, George S. Parker, Herbert Parkman, Henry Messrs. Adams, Smith J. Avery, Nathan P. Ay 1 ward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoe'l Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coleman, George W. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Messrs. Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Saunders, Amos T. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Charles G. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wilson, William H. Wing, Herbert Wood, Charles J. NAYS. Messrs. Creed, James F. Cummings, John W. Daly, John W. Dean, Robert A. Delaney, Louis F. Delano, Robert T. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flynn, Maurice R. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Green, Thomas H. Hale, Matthew Hall, Frederick S. Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Hoitt, Augustus J. Horgan, Francis J. 452 JOUENAL OF THE CONVENTION, Mr. O'Connell, amendment. Motion to reconsider. Adjournment. Messrs. Jones, George R. Keliher, John A. Kenny, Herbert A. Kerr, Alexander Lane, Dwight F. Langelier, Louis F. R. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. Messrs. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Perry, Augustus W. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sparrell, Ernest H. Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Swig, Louis Talbot, Harry R. TheUer, Ralph L. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Webster, George P. Whipple, Sherman L. Whitehead, James Winslow, Guy M. Wonson, Carlton W. 124 yeas; 132 nays. Therefore the amendment was rejected. Mr. O'Connell of Boston moved that the resolution be amended by striking out, in lines 203 to 208, inclusive, the following paragraph : "No law or amendment to the constitution relating to the appointment, qualification, tenure, or removal or compensa- tion of judges; or relating to the recall of judges or judicial decisions; or relating to the powers, creation or abolition of courts, shall be the subject of such initiative petition." Mr. Bennett of Saugus then moved that the vote be recon- sidered by which the foregoing amendment of line 198, moved by Mr. Luce, was rejected. Mr. Underhill of Somerville moved that the Convention ad- journ; and this motion was adopted, by a vote of 104 to 68. Accordingly, at two minutes before four o'clock (Mr. Mc- Anarney of Quincy being in the chair), the Convention ad- journed, to meet to-morrow at half-past ten o'clock A.M. FRIDAY, NOVEMBER 9, 1917. 453 FRIDAY, November 9, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. John L. Kilbon of Springfield, a member of the Convention. Leave of Absence. On motion of Mr. Buttrick of Lancaster, Voted, That Mr. Besse of Newburyport be granted leave of absence, under Rule 13, on account of illness. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to provide for establishing the popular initia- initiative and tive and referendum (Doc. No. 367, amended), being the un- referendum - finished business of the last session, was considered further, the main question being on ordering it to a third reading. Mr. Bennett of Saugus asked unanimous consent to withdraw Motion to his pending motion that the vote be reconsidered by which the reconsider Convention, at the last session, rejected the amendment inserting after the word "commonwealth", in line 198, the words ", or to an individual, association, or corporation". Objection was made by Mr. Luce of Waltham. Mr. Bennett then asked for a count of the Convention, to Quorum, ascertain if a quorum was present. A count showed that 161 members were present. After debate the question was put on the motion to reconsider, Motion to and 110 members voted in the affirmative and 99 in the negative. reconsider - The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 124 members voted in the affirmative and 148 in the negative, as follows : YEAS. Messrs. Adams, Charles Francis Messrs. Bruce, Charles Bailey, Charles O. Buck, Maurice A. Balch, Francis N. Burns, William A. Ballantyne, John Buttrick, Allan G. Bangs, Francis R. Chandler, Leonard B. Barker, Warren S. Charbonneau, Henry V. Bartlett, Horace I. Chase, Mial W. Bassett, Edmund Choate, Charles F., Jr. Blackmur, Paul R. Churchill, George B. Bolster, Percy G. Clapp, Robert P. Bouve", Walter L. Clark, Chester W. Boyer, Elmer E. Codman, James M., Jr. Brackett, John Q. A. Coe, S. Hamilton Brooks, George F. Collier, David R. Brown, Samuel F. Collins, Samuel I. 454 JOURNAL OF THE CONVENTION, Messrs. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Ho well Crossley, William Cyril Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fraser, Eugene B. French, Asa P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Graumann, John Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Linke, Fred R. Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Anderson, George W. A very, Nathan P. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Messrs. Luce, Robert Lummus, Henry T. Lyman, Frank E. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Charles G. Waterman, George B. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wilson, William H. Wing, Herbert Wood, Charles J. Youngman, William S. NAYS. Messrs. Boynton, Thomas J. Brennan, James H. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Butler, A. Webster Callahan, Timothy F Carr, Edward Clark, Ezra W. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. FRIDAY, NOVEMBER 9, 1917. 455 Messrs. Curtis, Arthur B. Curtiss, Elmer L. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Dor an, James P. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Frost, Archie N. Gallagher, Daniel J. Garland, Francis P. Glazier, Frederick P. Good, John P. Green, Thomas H. Haines, Benjamin F. Hale, Matthew Hall, Frederick S. Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hicks, George H. Hoitt, Augustus J. Johnson, Charles R. Jones, George R. Keliher, John A. Kelley, Thomas R. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. > Mahoney, John J. Mancovitz, David Mansfield, John J. Messrs. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sherburne, Nelson Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Winslow, Guy M. Wonson, Carlton W. 124 yeas; 148 nays. Therefore the motion to reconsider was negatived. On the question on the adoption of the pending amendment Mr. Walker, of lines 75 to 78, inclusive, moved by Mr. Walker of Brookline, " the sense of the Convention was taken by yeas and nays, at the 456 JOURNAL OF THE CONVENTION, request of that member; and on the roll call 147 members voted in the affirmative and 137 in the negative, as follows: Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Anderson, George W. Avery, Nathan P. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoe'l Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bruce, Charles Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Frost, Archie N. Gallagher, Daniel J. Garland, Francis P. Glazier, Frederick P. Good, John P. Graumann, John Green, Thomas H. YEAS. Messrs. Haines, Benjamin F. Hale, Matthew Harcling, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hicks, George H. Hoitt, Augustus J. Johnson, Charles R. Keliher, John A. Kelley, Thomas R. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. FRIDAY, NOVEMBER 9, 1917. 457 Messrs. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Swig, Louis Talbot, Harry R. Theller, Ralph L. Messrs. Adams, Charles Francis Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis -R. Barker, Warren S. Barnes, Clarence A. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Bieknell, Wallace H. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouv<, Walter L. Boyer, Elmer E. Brackett, John Q. A. Brooks, George F. Brown, Samuel F. Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Charbonneau. Henry V. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. PP; rk, Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Curtis, Arthur B. Curtis, Edwin U. Curtiss, Elmer L. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Messrs. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Winslow, Guy M. Wonson, Carlton W. NAYS. Messrs. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Foss, George H. Fraser, Eugene B. French, Asa P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, WiUiam S. Kneil, Arthur S. Lane, Daniel W. Linke, Fred R. Look, WiUiam J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Merriam, John M. Michelman, Joseph Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, George S. Parker, Herbert Parkman, Henry PUlsbury, Albert E. Powers, Samuel L. Putnam, Harry B. 458 JOURNAL OF THE CONVENTION, Messrs. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Messrs. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Charles G. Waterman, George B. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wilson, William H. Wing, Herbert Wood, Charles J. Youngman, William S. Mr. Walker, amendment. Id. 147 yeas; 137 nays. Therefore the amendment was adopted, as follows : - Striking out, in lines 75 to 78, inclusive, the words "Provided, however, that no amendment annulling, abrogating or repealing the provisions of the declaration of rights shall be the subject of an initiative or executive petition." On the question on the adoption of the pending amendments of lines 81, 82, 83, 84, 94, 95 and 96, moved by Mr. Walker of Brookline, the sense of the Convention was taken by yeas and nays, at the request of that member; and on the roll call 144 members voted in the affirmative and 138 in the negative, as follows : YEAS. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Anderson, George W. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoe'l Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coleman, George W. Messrs. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Curtis, Arthur B. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Gallagher, Daniel J. Garland, Francis P. Glazier, Frederick P. Good, John P. FRIDAY, NOVEMBER 9, 1917. 459 Messrs. Graumann, John Green, Thomas H. Haines, Benjamin F. Hale, Edward R. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hicks, George H. Hoitt, Augustus J. Johnson, Charles R. Keliher, John A. Kelley, Thomas R. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Merrill, Charles H. Moynihan, James J. Murley, Joseph J. Messrs. Adams, Charles Francis Adams, Scott Avery, Nathan P. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyer, Elmer E. Brackett, John Q. A. Brooks, George F. Brown, Samuel F. Bruce, Charles Messrs. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Wilson, William H. Winslow, Guy M. Wonson, Carlton W. NAYS. Messrs. Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Howell 460 JOUKNAL OF THE CONVENTION, Messrs. Crossley, William Cyril Curtis, Edwin U. Curtiss, Elmer L. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Foss, George H. Fraser, Eugene B. French, Asa P. Frost, Archie N. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Hart, Albert BushneU Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Langelier, Louis F. R. Linke, Fred R. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Messrs. Lyman, Frank E. McAnarney, John W. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, George S. Parker, Herbert Parkman, Henry Peirce, Albion G. Pillsbury Albert E. Powers, Samuel L. Putnam, Harry B. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wood, Charles J. 144 yeas; 138 nays. Mr. Walker, amendments. Therefore the amendments were adopted, as follows : Striking out, in line 81, the words "four per cent of the", and inserting in place thereof the words "twenty thousand"; strik- ing out, in lines 82, 83 and 84, the words "calculated upon the whole number of votes cast for governor at the last preceding election,"; striking out, in line 94, the words "one per cent", and inserting in place thereof the words "five thousand signa- tures"; and striking out, in lines 95 and 96, the words "cal- culated upon the whole number of votes cast for governor at the last preceding election,". FRIDAY, NOVEMBER 9, 1917. 461 The following amendment, previously moved by Mr. Walker Mr. Walker, of Brookline, was then adopted: Adding after the word "petition", in line 202, the words " : provided, that, if a law approved by the people is not re- pealed, the general court shall raise by taxation or otherwise and shall appropriate such money as may be necessary to carry such law into effect". The following amendments, previously moved by Mr. Walker, Id. were adopted, by a vote of 144 to 93 : Striking out, in lines 211, 243 and 271, the word "sixty", and inserting in place thereof, in each instance, the word "ninety". The following amendment, previously moved by Mr. Walker, id. was adopted, as follows: Inserting after the word "provided", in line 225, the words ", that the governor may, at any time before the election at which it is to be submitted to the people on referendum, declare any law to be an emergency measure hereunder by filing with the secretary of the commonwealth a statement setting forth the facts constituting the emergency, and that in his opinion the immediate preservation of the public peace, health, safety or convenience require that such law should go into operation forth- with, then such law, if not previously suspended as hereinafter provided, shall take effect without suspension, or if such law has been so suspended such suspension shall thereupon terminate and such law shall thereupon go into effect: and provided, further". The question was next put on the adoption of the pending id. amendments of lines 309, 310 and 318, moved by Mr. Walker, and 142 members voted in the affirmative and 107 in the nega- tive. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Churchill of Amherst; and on the roll call 163 members voted in the affirmative and 119 in the negative, as follows : YEAS. Messrs. Adams, Brooks Messrs. Brine, Henry C. Adams, Smith J. Broderick, Patrick S. Anderson, Frederick L. Brown, E. Gerry Anderson, George W. Bullock, William J. Avery, Nathan P. Burrell, Fred J. Aylward, James F. Butler, A. Webster Barrett, James T. Callahan, Timothy F. Bassett, Edmund Carr, Edward Batchelder, Albert W. Clark, Ezra W. Bates, Sanford Codman, James M., Jr. Bauer, Ralph S. Coleman, George W. Begley, John S. Cook, Benjamin A. Bennett, Frank P. Cooney, Charles P. Bergengren, Roy F. Corrigan, Robert S. Bigney, Robert E. Coughlan, William J. Bodfish, John D. W. Creamer, Walter H. Boucher, Joseph Zoe'l Creed, James F. Bowen, Patrick Cummings, John W. Boynton, Thomas J. Curtis, Arthur B. Brennan, James H. Curtiss, Elmer L. Brennan, James J. Daley, Peter 462 JOURNAL OF THE CONVENTION, Messrs. Daly, John W. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Ferrey, Irving D. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Gallagher, Daniel J. Garland, Francis P. Gates, Joseph S. Glazier, Frederick P. Good, John P. Graumann, John Green, Thomas H. Haines, Benjamin F. Hale, Edward R. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Jones, George R. Keliher, John A. Kelley, Thomas R. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. Messrs. Adams, Charles Francis Adams, Scott Bailey, Charles O. Messrs. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Powers, Samuel L. Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Stoneman, David Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Sweeney, Edward A. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Trefry, William D. T. Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Wilson, William H. Winslow, Guy M. Wonson, Carlton W. NAYS. Messrs. Balch, Francis N. Ballantyne, John Bangs, Francis R. FRIDAY, NOVEMBER 9, 1917. 463 Messrs. Barker, Warren S. Barnes, Clarence A. Bartlett, Horace I. Bicknell, Wallace H. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyer, Elmer E. Brackett, John Q. A. Brooks, George F. Brown, Samuel F. Bruce, Charles Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Rufus H. Cox, Guy W. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferry, James R. Fisher, Edward Foss, George H. Fraser, Eugene B. French, Asa P. Frost, Archie N. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Messrs. Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Linke, Fred R. Look, William J. Loring, Augustus P. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. McAnarney, John W. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, George S. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Sullivan, Edmund G. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Charles G. Waterman, George B. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wood, Charles J. 163 yeas; 119 nays. Therefore the amendments were adopted, as follows : Striking out, in lines 309 and 310, the words "and for pen- Mr.Waiker, alties for the circulation of petitions for hire or reward,"; and -amendments. adding after the word "to", in line 318, the words "The general court may provide by law that no copartnership or corporation 464 JOURNAL OF THE CONVENTION, shall circulate petitions for hire or reward, may require indi- viduals to be licensed and may make other reasonable regulations to prevent abuses arising from the circulation of petitions for hire or reward." Adjournment. At four minutes before one o'clock Mr. Underbill of Somer- ville moved that the Convention adjourn; and on this question 118 members voted in the affirmative and 121 in the negative. The same member requested that the sense of the Convention be taken by yeas and nays, and more than forty members joined in the request. Mr. Walker of Brookline then asked unanimous consent that it might be considered that the yeas and nays had not been ordered. No objection was made. The hour of one o'clock having arrived, the President, under the provisions of a standing order, declared the Convention ad- journed, to meet on Tuesday next at half-past ten o'clock A.M. TUESDAY, NOVEMBER 13, 1917. 465 TUESDAY, November 13, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Howard A. Bridgman, D.D., of Brookline, Editor-in-Chief of The Congregationalist and Christian World. Extension of Time for Certain Reports. On motion of Mr. Boyer of Lynn, Ordered, That the committees on Amendment and Codification Reports of of the Constitution, State Administration, and State Administra- tion and the Executive (sitting jointly) be granted until Tuesday, time - November 20, in which to report on matters before them. Leave of Absence. On motion of Mr. Merrill of Gloucester, Ordered, That Mr. Wonson of Gloucester be granted leave of absence, under Rule 13, until November 16, for urgent personal reasons. Additional Appropriation from the General Court. Mr. Sullivan of Salem moved that the committee on Rules and Procedure and the committee on Contingent Expenses and Pay- additional ai>- Roll, sitting jointly, be instructed to take necessary steps to Frm r the n secure from the General Court of 1918 a sufficient appropriation General Court, to cover the deficits already accrued at this session, and the esti- mated expenses of the session of the Convention to be held in 1918, the appropriation also to include a sufficient sum to be paid as compensation to the delegates at the rate of $150 per month during 1918, and also including compensation to be paid the delegates for November, 1917, at the same rate of $150 per month, together with the proper travelling or mileage expenses for the 1918 session; but the total of the monthly compensation not to exceed $750 to each delegate for ordinary services rendered after November 1, 1917. Mr. Pillsbury of Wellesley moved that the further consideration of the motion be postponed until the next session; and after de- bate the motion to postpone prevailed. Japanese Parliamentary Mission. There being no objection, at twelve minutes past twelve o'clock the President introduced His Honor James M. Curley, Mayor of the City of Boston, who called- attention to the pres- ence in the Convention Chamber of the Japanese Parliamentary Mission to the United States, and extended greetings to the dis- tinguished guests. The President then introduced Hon. Kotaro Mochizuki, M. P., the head of the Mission, who addressed the members of the Convention. 466 JOURNAL OF THE CONVENTION, Initiative and referendum. Quorum. Mr. Walker, - amendment. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to provide for establishing the popular initia- tive and referendum (Doc. No. 367, amended), being the un- finished business of the last session, was considered further, the main question being on ordering it to a third reading. Mr. Walker of Brookline asked for a count of the Convention, to ascertain if a quorum was present. A count showed that 170 members were present. The question first came on the adoption of the pending amend- ment of line 319, moved by Mr. Walker of Brookline, and 81 members voted in the affirmative and 97 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker; and on the roll call 140 members voted in the affirmative and 128 in the negative, as follows: YEAS. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bicknell, WaUace H. Bigney, Robert E. Boucher, Joseph Zoe'l Boynton, Thomas J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W- Coakley, Daniel H. Coleman, George W. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Craven, John H. Creamer, Walter H. Creed, James F. Cummings, John W. Curtiss, Elmer L. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Messrs. Donovan, James A. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Graumann, John Green, Thomas H. Greenwood, Hamlet S. Haines, Benjamin F. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert BushneU Hawley, Truman R. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kelley, Thomas R. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Lane, Dwight F. Larson, Charles G. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A Maguire, James E. TUESDAY, NOVEMBER 13, 1917. 467 Messrs. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. Merrill, George Frye Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Messrs. Adams, Charles Francis Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Besse, Harold A. Bolster, Percy G. Bosworth, Henry H. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brooks, George F. Brown, Samuel F. Bruce, Charles Bryant, Lincoln Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Messrs. Reidy, Michael J. Rieutord, Louis O. Ross, Samuel Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Swig, Louis Talbot, Harry R. TheUer, Ralph L. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Wilson, William H. Winslow, Guy M. NATS. Messrs. Coolidge, Louis A. Coombs, Zelotes W. Cox, Guy W. Crosby, J. Howell Crossley, William Cyril Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fraser, Eugene B. French, Asa P. Frost, Archie N. Gates, Joseph S. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hutchings, Henry M. 468 JOURNAL OF THE CONVENTION, Jones, George R. Kelley, George W. Kenefick, Thomas W. Kilbon, John L. Kinney, William S. Kneil, Arthur S. Langelier, Louis F. R. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. McLaud, Abner S. Merriam, John M. Michelman, Joseph Mitchell, Charles Moore, Charles D. C. Morton, James M. Nutting, Edward H. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Messrs. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wood, Charles J. Youngman, William S. 140 yeas; 128 nays. amemimrat~~ Therefore the amendment was adopted, as follows: Striking out, in line 319, the word " one-eighth ", and inserting in place thereof the word "one-fourth". Mr. Putnam, amendments. The question next came on the adoption of the pending amendments moved by Mr. Putnam of Westfield, and 107 mem- bers voted in the affirmative and 101 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 147 members voted in the affirmative and 132 in the negative, as follows: YEAS. Messrs. Adams, Charles Francis Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Benton, Everett C. Besse, Harold A. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve", W T alter L. Boyden, Frank L. Messrs. Brackett, John Q. A. Brooks, George F. Brown, E. Gerry Brown, Samuel F. Bruce, Charles Bryant, Lincoln Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. TUESDAY, NOVEMBER 13, 1917. 469 Messrs. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coolidge, Louis A. Coombs, Zelotes W. Costello, Francis M. Cox, Guy W. Crafts, Lyman A. Craven, John H. Creed, James F. Crosby, J. Howell Crossley, William Cyril Curtis, Edwin U. Curtiss, Elmer L. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Doe, Orestes T. Douglass, John J. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Flaherty, William Fraser, Eugene B. French, Asa P. Gallagher, Daniel J. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Granfield, William J. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Horgan, Francis J. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kilbon, John L. Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Langelier, Louis F. R. Logan, James Messrs. Adams, Brooks fa Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Messrs. Lomasney, Martin M. Look, William J. Lowe, Arthur H. Lowell, James A. Lummus, Henry T. Lyman, Frank E. Mahoney, John J. Mancovitz, David Martin, Martin L. Merriam, John M. Mitchell, John Montague, David T. Moore, Charles D. C. Morton, James M. Nutting, Edward H. Parker, George S. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Sawyer, Roland D. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Sullivan, Edmund G. Sullivan, William H. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wood, Charles J. Youngman, William S. NAYS. Messrs. Bicknell, Wallace H. Bigney, Robert E. Boucher, Joseph Zoel Bowen, Patrick Boyer, Elmer E. Boynton, Thomas J. Brine, Henry C. Broderick, Patrick S. BuUock, William J. 470 JOl'KNAL OK TIIK (X)NVENTION, MOHHI-H. lliirrcll, I'Yed .1. r,iil,l.-r, A. \\ek.lrr Callal.an, 'I'..,,., I l.y F. ( ';i,rr, I'idu.-ud Clark, Iv/.. a VV. < loakley, i >ani<-i n. < '. i< -i i i:i.u, George W. Con i".iii, K.obert, S. Coiif/Man, William J. Creamer, Waller II, < uinmingi, John W. Daley, I'el.er Daly, John W. I)e:,i,, L',,!M-I| \ Louis !'. l>erl>ysliire, James If. I )oiiii.-||y, J.-IIIH I'. DonojrliiKi, .lolin A. I )oiiu\aii, I ):i,mrl \L Doiiuvjiii, James A. Doran. James P. I >ii.,eol|, I >< inn :; I >. l>n::eoll, Timolhv -I. 1'inn, I-;. I'liilip l'l\e, I. .nil :: Kduill Mvmi, M:nmre I.' I'l..; I, Archie N. < i.'iihiii.l, l-'ranris I'. (i:irl.l:uul, John .1. Gates, Joseph 8. Glu/l.T, I'mlr.lrk P. (Jood, John I'. Craumaim, John (in-cn, ThotiKis II. II: ..... , Benjamin I'. Halo. Matthrw Harding, < 'l.nvi,,-,- W. M:UTIIM:III, Arlhur N. UMIIIH. 'I, ,n, I'atriok II. Marl. A||MT| Itu.-.l.ii.-ll Hawloy, Truman R. Micks, Crurj-.i II. I loll, I., Aiii'.ustu.s .1. .lolmsoii, ( Iharlcs \l. Kdilicr, John A. i,.,mas R. K. : |lv, LuU L. Knmy, HrrlM-rl, A. K:rr, Alc\!i,ii(lcr Lane, DwiRlil. I' 1 . ( !. , Lcon.-ird, .lo^-pli .1. Loiinc;, Aiij-ii .,lus T. Love, Joseph A. Lttot. Robert Lynch, John C. Messrs. Mju-.\l:i.:.l..-r, I'idward A. MaRiinc, .l:iiii. I Mftnsfield, John J. Mc.( ':u !h\ , < 'h:illr.S l<\ Mc( lormaok, John \v. Mrl:.:i:n-, I ':iiil(;l V. McKeon, 1'Vanc.in I'. McLaud, Aim- Merrill, C i -i 1 1 Mioheunan, Joseph Mllrhell, ( 'I, :ulc. Mor:m, \\illiMin Moiiiirl.v, .l.-uii- Morrill, Charles n I\Io\ nili.'iii, Jam.- .1. Mlirley, Jo:.e|ih J. Myron, John I' 1 . Nestor, r.-i.lne.k I 1 '. N;\\ Ion, II. lliieHtis O'Connell, John J. ()'(! ,.!!, John I'. <)'< '..nnell, JoHOph I 1 '. < )'( 'onnor, John I ). I'eiree, All. ion < J. I'ellel ler, Jo; eph ( '. I ' li'i ,; l in. I'.'illlrk < Mlinc\', Jo:;i:ih < v iiiinn, 'riinol.liy I 1 '- Ray, llerherl, L. i;ieul...rd, Loin.: ( >. llOHN, Samuel Slianalian, \\ illi:i,in J. Shaw, Mleh:iel |<'. Sli(!a. John T. Sliee|i:i.n, ( 'hir.lopher A. Sherluirne, Nel on SkcrrrM, Mark N. Sparrell, I'irne; I, I!. Sloel.rr, ( 'h:i,rles Slonein:i.n, I );i.\ id SlllllV.-lll, Joi.eph M. Sulliv:i.li, Mirli:ie| A. Siillix .-in, \\ ilhiini J. Sui", Linn Tall..,!., Harry It. Tl.rllrr, Italph L. 'rhoinpson, l'l( l\\ :i i < 1 Twoniey, John < ), Walker, Qeoi \\.-dker, Joseph \\:,l h, D:i.vi.l I. \\'l.slcr, l-'nuiris M. Wel.ster, (l.-.M-r I'. \\ hippie, SherniMii L. \\ luiehe.'id, Jamei Wilson, \\.ll.am II. , < !uy M. 147 yoas; 132 nays. Therefore the amend mm is were adopted, as foil" MI . I'uinnm, Striking mil, in lines 16 and 17, the words "or by recom- inmdnlion of I lie governor by im'ssii^r,"; Striking out, in lines 39 to 4.'J, inclusive, the \\onls "An amendment introduced by recommendation f (he ^ovn-nor shall TUESDAY, NOVKMIiKU i:{, 1 Constitution), recommending an address to the people with refer- ence to the amendments to be submitted at the 1917 state election, and the adoption of an order relative to the publication thereof (see Doc. No. 366), was then considered; and it was rejected. The following order was then considered: Ordered, That such porters [A] as the Sergeant-at-Arms shall certify have been in attendance in the employ of the Common- wealth in and about the rooms and corridors occupied by the Convention and its committees, or members thereof, since the Convention has been in session, be paid the sum of fifty dollars each as extra compensation by reason of the holding of said Convention. Pending the question on the adoption of the amendment pre- Mr. Twomey, viously moved by Mr. Underbill of Somerville (inserting after the -amendment, word "porters", at "A", the words "and watchmen"), Mr. Twomey of Lawrence moved that the order be amended by also inserting, at "A", the words "and scrubwomen". After debate Mr. Besse of Newburyport moved the previous question; and this motion, after further debate, was negatived. Mr. Curtis of Revere then moved that the order and pending amendments be recommitted to the committee on Contingent Expenses and Pay-Roll; and this motion prevailed. Taken from the Table. On motion of Mr. Balch of Boston the following resolution, Necessaries of presented by him on October 11, was taken from the table: S&wnent, Resolved, That it is the sense of this Convention that the g| le and article of amendment authorizing the enactment of laws govern- ing the acquirement, sale and distribution of the necessaries of life, was intended for emergency use only, to wit, in abnormal times or circumstances; and that it was intended the Legislature should be the sole judge of the existence of such times or cir- cumstances. Mr. Balch then withdrew the resolution, there being no objection. Reduction in Fares to Camp Devens. Mr. Coughlan of Boston presented the following resolution: Reduction of Whereas, A movement has been instituted for the purpose of Devensat amp securing a reduction in the train fare for the men detailed at Ayer. Camp Devens; and 502 Proposed ses- sion of the Committee of the Whole. Adjournment. JOURNAL OF THE CONVENTION, Whereas, The opportunities of the men of the national army at Ayer of visiting their families and friends are very much limited by reason of the train fare being entirely out of propor- tion to their financial means; and Whereas, The affording of an opportunity for the men at Camp Devens, under reasonable conditions, to visit their homes is a public duty which "public utilities" should recognize; and Whereas, Such an opportunity operates as an incentive for strict adherence to military duties; now therefore be it Resolved, That the Constitutional Convention of The Com- monwealth of Massachusetts hereby places itself on record in favor of a reasonable reduction in the rate of fare on the Boston and Maine Railroad for the trip to and from Camp Devens on Saturdays, Sundays and holidays for the benefit of the soldiers* their families and the general public. The same member moved a suspension of Rule 36, that the resolution might be considered; and this motion was negatived. Committee of the Whole Adjournment. Mr. Sawyer of Ware moved that the Convention resolve itself into Committee of the Whole, for the purpose of considering such matters on its Docket as have been given unanimous ad- verse reports by the committees to which they were referred. Mr. Edwin U. Curtis of Boston then moved that the Con- vention adjourn, to meet on Tuesday next at one o'clock P.M. The question first came on the motion of Mr. Curtis; and after debate the previous question was ordered, on motion of Mr. Collins of Amesbury. The motion of Mr. Curtis was then adopted, by a vote of 147 to 75. Accordingly, at twenty minutes before one o'clock, the Con- vention adjourned, to meet on Tuesday next at one o'clock P.M. TUESDAY, NOVEMBER 20, 1917. 503 TUESDAY, November 20, 1917. Met according to adjournment, at one o'clock P.M. Prayer was offered by Rev. Roland D. Sawyer of Ware, a member of the Convention. Extension of Time for Certain Reports. On motion of Mr. Rieutord of Southbridge, Ordered, That the committees on Amendment and Codification Reports of of the Constitution, State Administration, and State Administra- tion and the Executive (sitting jointly) be granted further time time. in which to report on matters before them. Committee on Form and Phraseology Report on the Initiative and Referendum. Mr. Hobbs of Worcester offered the following order: Ordered, That the committee on Form and Phraseology be ex- Committee on cused from reporting in detail all alterations in punctuation and phrSSfogy, phraseology, which have to do only with questions of form, in [^Stive anS the Resolution to provide for establishing the popular initiative referendum. and referendum (Doc. No. 369). After debate the order was adopted. Convention Procedure. The following order, offered by Mr. Kilbon of Springfield, the consideration of which was postponed from the last session, was rejected, by a vote of 30 to 53: Ordered, That, after completion of the votes now pending on Method of the passage to a third reading of the Resolution to provide for P rocedure - establishing the popular initiative and referendum, the Conven- tion go into Committee of the Whole for the consideration of such matters upon its Docket as are the subject of unanimous adverse reports from the committees to which they were re- ferred: provided, that, whenever the committee on Form and Phraseology shall report to the Convention the Resolution to provide for establishing the popular initiative and referendum, the question on passing that resolution to be engrossed shall have precedence over all other questions in regular order, so far as not inconsistent with the rules of the Convention. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The motion of Mr. Sawyer of Ware, that the Convention re- proposed ses - solve itself into Committee of the Whole for the purpose of con- committee of the Whole. 504 Proposed ses- sion of the Committee of the Whole. Quorum. Adjournment. JOURNAL OF THE CONVENTION, sidering such matters on its Docket as have been given unani- mous adverse reports by the committees to which they were referred, being the unfinished business of the last session, was negatived, by a vote of 38 to 77. Proposed Session of the Committee of the Whole. Mr. Luce of Waltham moved that the Convention resolve it- self into Committee of the Whole, for the purpose of considering the resolutions relative to the election and term of office of judges; and on this motion 58 members voted in the affirmative and 65 in the negative. Mr. Luce raised the point of order that a quorum was not present. A count of the Convention showed that 158 members were present. On the appearance of a quorum, and after debate on the mo- tion of Mr. Luce, Mr. Parkman of Boston moved that the Con- vention adjourn; and this motion prevailed. Accordingly, at twenty-seven minutes after one o'clock, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. WEDNESDAY, NOVEMBER 21, 1917. 505 WEDNESDAY, November 21, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Willard T. Perrin, D.D., of Newton. Leave of Absence. On motion of Mr. Bullock of New Bedford, ' Ordered, That Mr. Theller of New Bedford be granted leave Ralph L. of absence, under Rule 13, until Friday next, on account of pro- Theller - fessional engagements. Filling of Vacancies in the Membership of the Convention. Mr. George of Haverhill, for the committees on Elections and Rules and Procedure, sitting jointly, who -were requested (by an tion, order offered by Mr. Harriman of New Bedford and adopted on ofvacancies November 1) to consider the advisability of making provision for filling vacancies in the membership of the Convention, reported recommending that it is inadvisable at the present time for the Convention to take action in this matter [Mr. Dean of Fall River, of the committee on Elections, and Messrs. Luce of Waltham and Powers of Newton, of the committee on Rules and Procedure, dissenting]. The report was read; and it was placed in the Orders of the Day for the next session. Additional Appropriation from the General Court. Mr. Underhill of Somerville, for the committee on Rules and Procedure and the committee on Contingent Expenses and Pay- Roll, acting jointly, who were requested (by a motion of Mr. Sullivan of Salem, amended and adopted on November 14) to General Court. inquire into the matter of securing from the General Court of 1918 a sufficient appropriation to cover the deficits already accrued at this session, and the estimated expenses of the sessions of the Convention to be held in 1918, reported that it is in- advisable at the present time for the Convention to take action in this matter. The report was read; and it was placed in the Orders of the Day for the next session. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The motion of Mr. Luce of Waltham, that the Convention proposed ses - resolve itself into Committee of the Whole for the purpose of committee of considering the resolutions relative to the election and term of the Whole, office of judges, being the unfinished business of the last session, was negatived. The Resolution to provide for establishing the popular initia- initiative and tive and referendum (Doc. No. 369) was read a third time. referendum. 506 JOURNAL OF THE CONVENTION, Committee on Form and Phraseology, report. Mr. Pillsbury, amendment. Mr. Walker, amendments. Limit of debate. Mr. Loring of Beverly, for the committee on Form and Phraseology, reported recommending that the resolution be amended by the substitution of a Resolution to provide for estab- lishing the popular initiative and referendum, and of legislative initiative of specific amendments of the Constitution (printed in Doc. No. 370, changed by inserting after the word "amend- ments", in line 4, the words "and laws"). Mr. Pillsbury of Wellesley moved that the resolution recom- mended as a substitute by the committee on Form and Phrase- ology be amended by the substitution of the following: " Resolution to provide for establishing the popular initiative and referendum. "The legislature shall provide for the enactment and repeal of statutes by the method known as the popular initiative and referendum, under such conditions and forms of procedure as it may prescribe." Mr. Walker of Brookline moved that the resolution recom- mended as a substitute by the committee on Form and Phrase- ology be amended by striking out, in line 277, the words "five per cent of the ", and inserting in place thereof the words " fifteen thousand", and by striking out, in lines 278 and 279, the words "calculated upon the whole number of votes cast for governor at the last preceding election,". The same member moved that, on the pending matter, speeches be limited to five minutes each; that general debate be closed at eleven o'clock A.M. on Thursday, November 22; and that fifteen minutes then be allowed to a member of the minority of the committee on Initiative and Referendum and fifteen minutes to a member of the majority of said committee. After debate on this motion the sense of the Convention was taken by yeas and nays, at the request of Mr. Walker; and on the roll call 126 members voted in the affirmative and 155 in the negative, as follows : YEAS. Messrs. Adams, Brooks Adams, Smith J. < Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Besse, Harold A. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brine, Henry C. Broderick, Patrick S. Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Messrs. Carr, Edward Coakley, Daniel H. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Daley, Peter Dean, Robert A. Delaney, Louis F. Donnelly, James P. Donoghue, John A. Donovan, James A. Donovan, Thomas F. Doran, James P. Driscoll, Timothy J. Finn, E. Philip Fitz-Randolph, Reginald T Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Foss, George H. Gallagher, Daniel J. WEDNESDAY, NOVEMBER 21, 1917. 507 Messrs. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. Green, Thomas H. Haines, Benjamin F. Hall, Frederick S. Harriman, Arthur N. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Jones, George R. Keliher, John A. Kelley, Thomas R. Kenny, Herbert A. Kerr, Alexander Lane, Dwight F. Larson, Charles G. Leboeuf , Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. Maguire, James E. Mahoney, John J. Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Mitchell, John Moran, William Moriarty, James T. Messrs. Adams, Charles Francis Adams, Scott Avery, Nathan P. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Benton, Everett C. Bergengren, Roy F. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, Jofrn Q. A. Brooks, George F. Brown, EJ Gerry Bruce, Charles Messrs. Moynihan, James J. Murley, Joseph J. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Ross, Samuel Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Talbot, Harry R. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Winslow, Guy M. NAYS. Messrs. Bryant, Lincoln Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. . Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Costello, Francis M. Cox, Guy W. Crafts, Lyman A. Crosby, J. Howell Cummings, John W. Curtis, Arthur B. JOURNAL OF THE CONVENTION, Messrs. Curtis, Edwin U. Cusick, John F. Dale, George H. Daly, John W. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Doe, Orestes T. Douglass, John J. Dresser, Frank F. Driscoll, Dennis D. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fraser, Eugene B. French, Asa P. Frost, Archie N. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Graumann, John Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Isaac Freeman Hamilton, Andrew Foster Harding, Clarence W. Harrington, Patrick H. Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Kelley, George W. Kenefick, Thomas W. Kilbon, John L. Kinney, William S. Kneil, Arthur S. Knotts, J. Franklin Langelier, Louis F. R. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. Messrs. MacMaster, Edward A. McAnarney, John W. Merriam, John M. Michelman, Joseph Mitchell, Charles Montague, David T. Moore, Charles D. C. Morrill, Charles H. Morton, James M. Myron, John F. O'Connell, Joseph F. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Rieutprd, Louis O. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Sawyer, Roland D. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wonson, Carlton W. Wood, Charles J. Youngman, William S. 126 yeas; 155 nays. Mr. Richard- son, amendments. Therefore the motion to limit debate was negatived. Mr. Richardson of Newton moved that the resolution recom- mended as a substitute by the committee on Form and Phrase- ology be amended as follows: By striking out lines 28, 29 and 30, and inserting in place thereof the following paragraph: " No part of the constitution which provides for the establish- WEDNESDAY, NOVEMBER 21, 1917. 509 ment of a popular initiative and referendum, including this sentence, shall be the subject of an initiative petition."; and By adding after the word "petition", in line 30, the words "; nor shall this section be the subject of such a petition". Mr. Brown of Brockton moved that the resolution recommended Mr - Brown, as a substitute by the committee on Form and Phraseology be ai amended by the substitution of the following: " Resolution to pro- vide for establishing the popular initiative and referendum. "The legislature shall, by statute law, at the session following the acceptance of this amendment, and thereafter as occasion may require, make provisions whereby the people may exercise the rights reserved to and by and for the people in the bill of rights, especially articles V, VII, VIII and XIX, including the right to initiate and control legislation as hereinafter required, and to revise, amend or otherwise alter the acts of its servants committed or to be committed in the exercise of the functions or powers heretofore delegated or that may hereafter be dele- gated by the people. Such statute shall also make provision as to the number of signatures required, the form and conditions under which they shall be obtained and presented for a demand for legislative action upon any proposal thus submitted; and provision by law shall also be made whereby legislative acts may be submitted for review by the people by direct action at the polls, exercising their powers herein and otherwise reserved." At one o'clock, under the provisions of a standing order, the Recess. President declared a recess until two o'clock; at which hour the Convention reassembled. Mr. O'Connell of Boston doubted the presence of a quorum; Quorum, and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. On the appearance of a quorum Mr. Curtis of Revere moved that the resolution recommended as a substitute by the com- mittee on Form and Phraseology be amended by striking out, in line 350, the word "one-fourth", and inserting in place thereof the word "one-eighth". Mr. Lowe of Fitchburg moved that the resolution recom- Mr. Lowe, mended as a substitute by the committee on Form and Phrase- amendment - ology be amended by the substitution of a resolution printed as Doc. No. 372. Mr. George of Haverhill moved that the resolution recom- Mr. George, mended as a substitute by the committee on Form and Phrase- amendments - ology be amended by striking out, in lines 55 and 56, the words "first Wednesday of the September", and inserting in place thereof the words "second Wednesday of the November"; and by striking out, in line 59, the word "first", and inserting in place thereof the word "last". After debate, Mr. Swig of Taunton being in the chair, Mr. Mr. Washbum, Washburn of Middleborough moved that the resolution recom- " mended as a substitute by the committee on Form and Phrase- ology be amended as follows: By inserting in line 89, after the word "introduced", the words "as herein provided"; 510 JOURNAL OF THE CONVENTION, Mr. Washburn, amendments. Mr. Clapp, amendment. Mr. O'Connell, amendments. By striking out, in line 90, the words "or a legislative amend- ment"; By striking out, in lines 94 and 95, the words "for amend- ment", and inserting in place thereof the words "of a legislative substitute"; By striking out, in line 97, the words "and continued"; By striking out, in lines 121 and 122, and in line 128, the word "amendment", and inserting in place thereof, in each instance, the word "substitute"; By striking out, in line 134, the words "the amendment", and inserting in place thereof the words "such substitute or amendment"; By striking out, in line 135, the word "amendment", and inserting in place thereof the words "legislative substitute or initiative amendment"; By striking out, in lines 136 to 139, inclusive, the words ", in the case of a legislative amendment, by a majority of the voters voting thereon, or in the case of an initiative amendment or a legislative substitute, if approved"; By inserting in line 142, after the word "such", the words "substitute or"; By striking out, in line 393, the words "Article IX and"; By striking out, in line 394, the word "are", and inserting in place thereof the word "is"; By striking out, in lines 93 and 94, the words "twenty-five thousand qualified voters", and inserting in place thereof the words "five per cent of the qualified voters, calculated upon the whole number of votes cast for governor at the last preceding election"; By striking out, in line 146, the words "twenty thousand qualified voters", and inserting in place thereof the words "four per cent of the qualified voters, calculated upon the whole num- ber of votes cast for governor at the last preceding election"; By striking out, in lines 155 and 156, the words "five thousand signatures of qualified voters", and inserting in place thereof the words "one per cent of the qualified voters, calculated upon the whole number of votes cast for governor at the last preceding election"; By striking out, in line 317, the words "ten thousand qualified voters of the commonwealth", and inserting in place thereof the words " two per cent of the qualified voters of the commonwealth, calculated upon the whole number of votes cast for governor at the last preceding election,"; By inserting, at the beginning of line 360, the words "Except as otherwise herein provided,"; and By inserting, at the beginning of line 366, the words "Except as otherwise herein provided,". Mr. Clapp of Lexington moved that the resolution recom- mended as a substitute by the committee on Form and Phrase- ology be amended by the substitution of a resolution printed as Doc. No. 371. Mr. O'Connell of Boston moved that the resolution recom- mended as a substitute by the committee on Form and Phrase- ology be amended as follows : WEDNESDAY, NOVEMBER 21, 1917. 511 By striking out, in lines 15 to 18, inclusive, the words " or to the appointment, qualification, tenure, removal, recall or com- pensation of judges; or to the reversal of a judicial decision; or to the powers, creation or abolition of courts;"; and By striking out, in lines 251 to 254, inclusive, the words " or to the appointment, qualification, tenure, removal or compensa- tion of judges; or to the powers, creation or abolition of courts,". Mr. Harriman of New Bedford moved that the resolution Mr. Hamman, recommended as a substitute by the committee on Form and ~ amen n Phraseology be amended as follows: By striking out lines 28, 29 and 30; By striking out lines 383 to 388, inclusive, and inserting in place thereof the following paragraph: "The veto power of the governor shall not extend to measures voted on by the people under the provisions of this article; and no constitutional amendment or law which is adopted by the exercise of the initiative or referendum shall be altered, amended or repealed except by the exercise of the initiative and referen- dum in the same manner as the law or constitutional amendment in question shall have been adopted."; By striking out, in line 393, the words "and Article XLII"; and By striking out, in line 394, the word "are", and inserting in place thereof the word "is". The President having resumed the chair, Mr. Edwin U. Curtis Mr. E.U. Curtis, of Boston moved that the resolution recommended as a substitute " by the committee on Form and Phraseology be amended by in- serting, after line 30, the following paragraph: - "The eighteenth amendment of the constitution, as approved and ratified to take effect the first day of October in the year nineteen hundred and eighteen, shall not be the subject of an ini- tiative amendment." Mr. Morton of Fall River moved that the resolution recom- Mr. Morton, mended as a substitute by the committee on Form and Phrase- ai ology be amended by adding, at the end of line 143, the words, " : provided, that nothing herein contained shall be deemed to impair or to authorize the impairment of the right of the subject to life, liberty, security, property and character, the liberty of the press, and the freedom of debate in each house of the legis- lature, as declared in the bill of rights". Mr. Cummings of Fall River moved that the resolution recom- Mr. Cummings, mended as a substitute by the committee on Form and Phrase- ~ ame ology be amended by striking out, in line 17, the word "powers,", and inserting in place thereof the words "power of the court to decide a law unconstitutional, or to the". Mr. Lowell of Newton moved that the resolution recommended as a substitute by the committee on Form and Phraseology be amended by striking out, in lines 28 and 29, the words "specifi- cally excluding any matter from the operation", and inserting in place thereof the words "providing for the establishment". Mr. Bartlett of Newburyport moved that the resolution Mr. Bartiett, recommended as a substitute by the committee on Form and amendment - Phraseology be amended by inserting after the word "subjects", in line 43, the words "not excluded from the popular initiative and". 512 JOURNAL OF THE CONVENTION, amradmeits -^ r ' Churchill of Amherst moved that the resolution recom- mended as a substitute by the committee on Form and Phrase- ology be amended as follows: By inserting, after line 27, the following paragraph: " No amendment of the constitution annulling, abrogating or re- pealing any of the provisions of the declaration of rights, or incon- sistent therewith, shall be proposed by an initiative petition."; By striking out, in line 124, the word "one-fourth", and inserting in place thereof the word "one-third"; and By striking out, in line 317, the words "ten thousand", and inserting in place thereof the words "five per cent of the"; and by inserting after the word "commonwealth", in the same line, the words " , calculated upon the whole number of votes cast for governor at the last preceding election,". amendment*' ~~~ ^ r< Merriam of Framingham moved that the resolution recommended as a substitute by the committee on Form and Phraseology be amended by inserting, after line 30, the following paragraph: "No proposition inconsistent with any one of the following rights of the individual, as at present declared in the declaration of rights, shall be the subject of an initiative or referendum petition: The right to receive compensation for private property appropriated to public use; the right of access to and protection in courts of justice; the right of trial by jury; protection from unreasonable search, unreasonable bail and the law martial; freedom of the press; freedom of speech; freedom of elections; and the right of peaceable assembly." ^ r * Knotts of Somerville moved that the resolution recom- mended as a substitute by the committee on Form and Phrase- ology be amended as follows : By inserting, after line 59, the following paragraphs : " With the exception of the first ten signatures, every signature to an initiative petition shall be affixed in the presence of the clerk of the city or town in which the signer is a registered voter, or one of his assistants, or in the presence of such other city or town official as may be designated by law; except as herein other- wise provided. "Any such voter may, by a paper in his own handwriting, signed by him, and attested by a witness, express his desire to become a signer of such petition, and such paper, when received by such clerk or official, shall amount to a signature to such petition. Such clerk or official shall put the name of such voter upon such petition, and shall transmit such paper with the pe- tition as hereinafter provided. "The petition or part thereof, with signatures thereon, shall remain in the custody of such clerk or official until the time for signing, for the purpose of causing the transmission of the petition to the general court or the submission of the measure to the people, as the case may be, shall expire; and at such expiration such clerk or official shall transmit it to the secretary of the commonwealth."; and By inserting, after line 249, the following paragraphs: - "Every signature to a referendum petition shall be affixed in the presence of the clerk of the city or town in which the signer WEDNESDAY, NOVEMBER 21, 1917. 513 is a registered voter, or one of his assistants, or in the presence of such other city or town official as may be designated by law, except as herein otherwise provided. "Any such voter may, by a paper in his own handwriting, Mr.Knotts,- signed by him, and attested by a witness, express his desire to amendments - become a signer of such petition, and such paper, when received by such clerk or official, shall amount to a signature to such petition. Such clerk or official shall put the name of such voter upon such petition, and shall transmit such paper with the petition as hereinafter provided. "The petition or part thereof, with signatures thereon, shall remain in the custody of such clerk or official until the time for signing shall expire; and at such expiration such clerk or official shall transmit it to the secretary of the commonwealth." Mr. Quincy of Boston moved that the resolution recommended as a substitute by the Committee on Form and Phraseology be amended as follows: By inserting in line 48, after the word "shall", the words "give the petition a number and shall"; By striking out, in lines 60, 61 and 62, the words "If an initiative petition, signed by the required number of qualified voters, has been filed as aforesaid", and inserting in place thereof the words " If the required number of signatures to an initiative petition has been filed with the secretary of the commonwealth as herein provided"; and By inserting, after line 59, the following paragraphs: "The signatures to initiative petitions hereby required, with the exception of the first ten signers, shall be made and filed as follows: The secretary of the commonwealth shall print individual signature cards upon which any registered voter receiving the same as herein provided may make his signature, followed by his address as it appears, upon the voting list, in favor of any initiative petition which he desires to support. Each such card shall identify by number or otherwise the initia- tive petition for which the signature is to be given, shall bear the seal of the commonwealth printed thereon, or other identify- ing mark, and shall be used only for official transmission by mail as herein provided. Any registered voter may sign one such signature card in favor of each initiative petition which he desires to support, but each signature card shall only be signed by one voter and for one petition. "The secretary of the commonwealth shall procure and keep on file the latest printed copies of the voting lists of all cities and towns, and he shall, at the request of any original signer of an initiative petition duly filed, cause one of such signature cards to be mailed to any list or lists of voters which may from time to time be specified or furnished by any such signer, provided that all expenses connected with such mailing, other than the expense of printing such signature cards, shall be deposited in advance. A copy of the full text of such initiative measure shall be printed by the secretary of the commonwealth and enclosed with each signature card, together with ariy printed argument in support of the same, and any addressed return envelopes which 514 JOURNAL OF THE CONVENTION, may be furnished him for mailing therewith. Provision may be made by law to regulate the length of any such argument and for allowing opponents of such initiative measure an opportunity by depositing one-half of the expense of mailing as aforesaid, to have printed arguments in opposition to such measure enclosed with such signature cards. Instead of mailing such cards the secretary of the commonwealth shall, at the request of any such original signer, furnish and send to any clerk of a city or town a sufficient number of signature cards for the registered voters of such city or town, and such clerk shall thereupon have the same duty in respect to the mailing of such signature cards and other printed matter as herein provided in respect to said secretary. " ^ s an additional method of giving his signature and support to any initiative petition, any registered voter may express in his own handwriting upon an individual paper or printed card signed by him, and witnessed, with his address as aforesaid, his desire to sign in favor of any one initiative petition designated therein by number or other sufficient description, and such paper or card when received by the clerk of the city or town in which such voter is registered as a voter shall constitute a signature to such petition; and any such voter may sign one such in- dividual paper or card in favor of each initiative petition which he desires to support. "In addition to the two methods of signing initiative petitions above provided, any registered voter may give his signature therefor in the presence of the clerk of the city or town in which he is a registered voter, or of any assistant in his office, and the secretary of the commonwealth shall furnish to every city or town clerk an official blank for such signatures. "Any such official signature card or unofficial paper or card when executed as herein provided may be delivered by mail or otherwise either to the secretary of the commonwealth or to the clerk of the city or town *in which the signer of the same is a registered voter, and when so received shall be open for public inspection. If the name and residence signed to any such card or paper corresponds to the name and residence of a registered voter, and if such card or paper appears to be executed as herein required, the same shall be placed on file, otherwise it shall be rejected. If the officer with whom such card or paper is filed believes, from evidence offered to him, that there is sub- stantial reason to doubt the genuineness of the signature to any such card or paper, he may reject the same unless satisfactory evidence to establish such genuineness is furnished. The name of each signer of any such card or paper or blank shall be checked on the voting list so that the same voter shall not be counted more than once in support of any one petition. "On the first Wednesday of December each city or town clerk with whom any such official signature cards or any such un- official papers or cards have been filed, or who has in his office any of the petition blanks furnished as aforesaid with signatures of voters thereon, shall transmit all of the same to the secretary of the commonwealth,- who shall proceed to examine the same and count all signatures which appear to be in conformity herewith, and if the number of such signatures to any petition, WEDNESDAY, NOVEMBER 21, 1917. 515 together with the number of signatures thereto filed directly with the secretary of the commonwealth, equals the number of signatures required to complete such petition as herein provided, then such petition shall be transmitted to the general court as hereinafter provided. "Until otherwise provided by law all provisions of existing Mr. Quincy, law relating to the signatures to nomination papers for the an:e nomination of candidates for state officers shall apply so far as applicable to the forgery of signatures to the official signature cards and to the unofficial papers or cards herein referred to." Mr. Lummus of Lynn moved that the resolution recommended as a substitute by the committee on Form and Phraseology be amended as follows: By adding after the word "petition", in line 30, the words " ; nor shall this provision be the subject of an initiative peti- tion"; and By striking out, in line 93, the word "twenty-five", and insert- ing in place thereof the word "forty". Mr. Morrill of Haverhill moved that the resolution recom- Mr. Momii, mended as a substitute by the committee on Form and Phrase- amendment3 - ology be amended as follows: By striking out, in line 277, the words "five per cent", and inserting in place thereof the words "twelve thousand"; By striking out, in lines 278 and 279, the words "calculated upon the whole number of votes cast for governor at the last preceding election,"; By striking out lines 350, 351 and 352, and inserting in place thereof the following paragraph: - "Not more than fifty per cent of the certified signatures on any petition shall be those of registered voters of the city of Boston or of any one county."; By striking out lines 385 to 388, inclusive, and inserting in place thereof the following paragraph: "The general court may amend or repeal a law approved by the voters: provided, that such amendment or repeal shall be submitted by the secretary of the commonwealth to the voters and shall not go into effect until and unless approved by a majority of the voters voting thereon."; and By the substitution of a resolution printed as Doc. No. 352. Mr. Brown of Brockton moved that the resolution recom- Mr. Brown, mended as a substitute by the committee on Form and Phrase- amendment - ology be amended by inserting after the word "house", in line 99, the words ", or if neither house shall call for such joint session". Mr. Bates of Boston moved that the resolution recommended as a substitute by the committee on Form and Phraseology be amended by inserting, after line 85, the following paragraph: - "If, of the measures introduced into the general court by initiative petition in any one year, more than five fail of enact- ment by the general court, and the petitions relating to more than five are duly completed, the five on the petitions accom- panying which appear the largest number of signatures of regis- tered voters, and no more, shall be submitted to the people at 516 JOURNAL OF THE CONVENTION, Mr. Luce, amendment. Mr. Adams, amendments. Mr. Ross, amendment. Mr. W. H. Sullivan, amendments. Mr. Bosworth, amendments, Mr. Quincy, amendments. the next state election. The measures not so submitted shall be deemed to be introduced into the next session of the general court and pending in the house of representatives." Mr. Luce of Waltham moved that the resolution recommended as a substitute by the committee on Form and Phraseology be amended by inserting, after line 12, the' following paragraph: "The measure may delegate to an agency of government existing or to be created, as may therein be specified, the power of making provisions to effect the purpose of such measure; and, before certifying that such law is in proper form for submission to the people, the attorney-general may require that the power of making such provisions shall be so delegated therein." Mr. Adams of Springfield moved that the resolution recom- mended as a substitute by the committee on Form and Phrase- ology be amended by striking out, in line 4 (as changed) the words "constitutional amendments and"; and by striking out all of the resolution after the word "rejection", in line 8, and inserting in place thereof the following paragraph: "The initiative and referendum shall be exercised as the gen- eral court may determine." Mr. Ross of New Bedford moved that the resolution recom- mended as a substitute by the committee on Form and Phrase- ology be amended by striking out lines 333 to 349, inclusive, and inserting in place thereof the following paragraph: - "In carrying out the provisions of this article the secretary of the commonwealth and all other public officers shall be guided, where other provision is not specified herein, by the laws relating to elections, in so far as applicable, and any initiative or referen- dum petition coming within the provisions hereof shall be signed and certified as to signatures in the manner provided by law relative to nomination papers of candidates for the general court. And the penalties for forgery or fraud provided in the laws relative to elections shall apply with equal force to initiative or referendum petitions herein specified." Mr. William H. Sullivan of Boston moved that the resolution recommended as a substitute by the committee on Form and Phraseology be amended by striking out, in lines 17 and 253, the word "powers,". Mr. Bosworth of Springfield moved that the resolution recom- mended as a substitute by the committee on Form and Phrase- ology be amended by striking out, in lines 140, 162, 295 and 331, the word "thirty", and inserting in place thereof, in each in- stance, the word "forty-five". Mr. Quincy of Boston moved that the resolution recommended as a substitute by the committee on Form and Phraseology be amended as follows: By striking out, in line 112, 113 and 114, the words "in any manner not inconsistent with its general purpose by vote of three-fourths of the members voting thereon in joint session", and inserting in place thereof the words "by vote of three- fourths of the members voting thereon in joint session, which shall be taken by yeas and nays unless dispensed with by unanimous consent"; and WEDNESDAY, NOVEMBER 21, 1917. 517 By striking out lines 168 to 192, inclusive, and inserting in Mr. Quincy, place thereof the following paragraph:- "The general court may, upon petition signed by a majority of the first ten signers of an initiative petition for a law, make any amendment or amendments therein by vote taken by the yeas and nays, which are specifically asked for in such petition, and such proposed law shall then be voted upon by the general court, and submitted to the people, if qualified for submission as herein provided, in such amended form." Mr. Lyman of Easthampton moved that the resolution recom- Mr. Lyman, mended as a substitute by the committee on Form and Phrase- amendments, ology be amended by striking out, in line 365, and in lines 369 and 370, the word "approved", and inserting in place thereof, in each instance, the word "rejected". Mr. Sawyer of Ware moved that the resolution recommended Mr. Sawyer, as a substitute by the committee on Form and Phraseology be amendments - amended as follows: By striking out, in line 13, the word "measure", and insert- ing in place thereof the word "law"; By striking out lines 28, 29 and 30, and inserting in place thereof the following paragraph: "An initiative petition to repeal, alter or amend any of the specific exemptions from the operation of the constitutional initiative in the foregoing paragraph, shall not be deemed re- ferred to the next general court unless it shall be agreed to by a majority of those present and voting in joint session, nor shall it be deemed referred to the people by a second general court unless it be agreed to by a majority of those present and voting in joint session. Nor shall anything in the foregoing sentence be the subject of an initiative petition."; and By striking out, in line 155, the word "August", and inserting in place thereof the word " September ". Mr. Sullivan of Lawrence moved that the resolution recom- Mr. M. A. mended as a substitute by the committee on Form and Phrase- fmradment. ology be amended by striking out, in lines 94 to 99, inclusive, the words " or if in case of a proposal for amendment introduced into the general court without such initiative petition, authority for which mode of introduction is hereby specifically confirmed and continued, consideration thereof in joint session is called for by vote of either house", and inserting in place thereof the words "or if such a proposal is introduced into the general court by a member thereof". At eight minutes after four o'clock Mr. Sawyer of Ware Limit of moved that general debate be closed at twenty-six minutes after debate - ur o'clock, and the vote be taken upon the amendments in e order in which they affect the resolution; provided, however, at no vote on any amendment be taken until the mover thereof given five minutes for discussion and a member of the ma- rity and a member of the minority of the committee on Initia- ve and Referendum each be given the same length of time. Mr. Hale of Boston moved that this motion be amended by Mr. Hale, I ding at the end thereof the words "; and that the Convention Amendment, during the following hours, namely: On Thursday, Novem- 518 JOURNAL OF THE CONVENTION, Mr. Morrill, amendment. Mr. Kinney, - amendments. Order of amendments. Quorum. Adjournment. ber 22, from 10.30 A.M. to 5 P.M.; on Friday, November 23, from 10.30 A.M. to 4 P.M.; on Monday, November 26, from 1 P.M: to 5 P.M.; on Tuesday, November 27, and Wednesday, November 28, from 10.30 A.M. to 5 P.M.; and that on each of these days, except Monday, there shall be a recess from 1 P.M. to 2 P.M." After debate Mr. Chandler of Somerville moved that the Con- vention adjourn; and this motion was negatived. Mr. Morrill of Haverhill moved that the motion of Mr. Sawyer be amended by inserting after the word "discussion" the words ", except that the mover of a substitute bill be allowed one-half hour in which to debate on said substitute,". Mr. Kinney of Boston moved that the motion of Mr. Sawyer be amended by striking out the word "general"; and by insert- ing after the word "discussion" the words ", and ten minutes be allowed for general debate on each amendment,". After further debate the amendment moved by Mr. Morrill was rejected; the amendments moved by Mr. Kinney were re- jected, by a vote of 49 to 99; and the amendment moved by Mr. Hale was adopted, by a vote of 96 to 62. The motion of Mr. Sawyer, as amended, was then adopted, by a vote of 85 to 68. Mr. Thompson of Haverhill moved that motions to amend the pending resolution by the substitution of new resolutions be acted upon before particular amendments. After debate on this motion the question was put, and 58 members voted in the affirmative and 90 in the negative. Mr. Moore of Swampscott raised the point of order that a quorum was not present. A count of the Convention showed that 158 members were present. Mr. Chandler of Somerville moved that the Convention ad- journ; and this motion prevailed. Accordingly, at five o'clock, the Convention adjourned,, to meet to-morrow at half-past ten o'clock A.M. THURSDAY, NOVEMBER 22, 1917. 519 THURSDAY, November 22, 1917. Met according to adjournment, at half-past ten o'clock A.M. The Secretary announced the temporary absence of the President, and stated that Mr. Luce of Waltham had been appointed to perform the duties of the Chair. Prayer was offered by Rev. John L. Kilbon of Springfield, a member of the Convention. Special Committee to Consider Economic, Industrial and Military Problems. The consideration of the following order, offered by Mr. Special recess Adams of Quincy, was postponed until the next session, at the SSSSiJf 6 01 request of that member: and U SmtLy Ordered, That this Convention appoint its President to serve problems. during the approaching recess as chairman of a committee whose duty it shall be to consider, and to report upon to this Con- vention when it shall reconvene, those economic, industrial and military problems which are being evolved here and elsewhere by the present war, and problems which, in their judgment, directly concern the future development of this country and this .Commonwealth; and be it further Ordered, That the chairman thereof shall appoint the other members of said committee, who shall not exceed fifteen in number, and who shall serve without pay. Proposed Adjournment from November 23 to December 4- The consideration of the following order, offered by Mr. Adjournment Feiker of Northampton, was postponed until the next session, "23^0^ at the request of that member: December 4. Ordered, That, when the Convention adjourns on Friday, November 23, it adjourn to meet on Tuesday, December 4, at one o'clock P.M.; and that, if the Convention is in session at one o'clock P.M. on said November 23, the President shall declare an adjournment. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to provide for establishing the popular initia- initiative and tive and referendum (Doc. No. 369), being the unfinished busi- referendum - ness of the last session, was considered further, the main question being on passing it to be engrossed. The pending motion of Mr. Thompson of Haverhill, that Order of motions to amend by the substitution of new resolutions be acted ame upon before particular amendments, was withdrawn by that member, there being no objection. 520 JOUKNAL OF THE CONVENTION, Mr. Adams, amendments. Point of order. Quorum. Mr. Adams, amendments. The question first came on the following pending amendments, moved by Mr. Adams of Springfield: That the resolution recom- mended as a substitute by the committee 'on Form and Phrase- ology (printed in Doc. No. 370) be amended by striking out, in line 4 (as changed), the words "constitutional amendments and"; and by striking out all of the resolution after the word "rejec- tion", in line 8, and inserting in place^ thereof the following paragraph: - "The initiative and referendum shall be exercised as the general court may determine." Mr. Adams moved that the second amendment be amended by adding at the end thereof the following additional paragraphs: " If at any time hereafter any specific and particular amendment or amendments to the constitution be proposed in the general court and agreed to by a majority of the senators and representatives, such proposed amendment or amendments shall be entered on the journals of the two houses, with the yeas and nays taken thereon, and shall be published; then it shall be the duty of the general court to submit such proposed amendment or amendments to the people; and if they shall be approved and ratified by a ma- jority of the qualified voters voting at meetings legally warned and holden for that purpose, they shall become part of the constitution of this commonwealth. "The ninth article of amendment to the constitution is hereby repealed." Mr. Walker of Brookline raised the point of order that, debate having been closed by vote of the Convention, the additional amendment could not properly be entertained. The Chair (Mr. Luce of Waltham) declared the point of order not well taken. After debate Mr. Pillsbury of Wellesley moved that Mr. Adams be granted an additional five minutes for debate; and this motion was adopted, by a vote of 79 to 66. Mr. Batchelder of Salem asked for a count of the Convention to ascertain if a quorum was present. A count showed that 181 members were present. After debate the amendment of the amendment, moved by Mr. Adams, was adopted, by a vote of 108 to 101. The question then came on the adoption of the amendments moved by Mr. Adams, as amended, and 114 members voted in the affirmative and 112 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 125 members voted in the affirmative and 153 in the negative, as follows: YEAS. Messrs. Adams, Charles Francis Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Messrs. Bartlett, Horace I. Besse, Harold A. Bicknell, Wallace H. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve, Walter L. Boyden, Frank L. Boyer, Elmer E. THURSDAY, NOVEMBER 22, 1917. 521 Messrs. Bracket!, John Q. A. Brooks, George F. Bruce, Charles Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Howell Curtis, Arthur B. Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Foss, George H. Fraser, Eugene B. French, Asa P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. HaJe, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Messrs. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Linke, Fred R. Logan, James Lowe, Arthur H. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. " Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Williams, Fred Homer Wing, Herbert Wood, Charles J. Youngman, William S. NAYS. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. 'Avery, Nathan P. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Messrs. Bennett, Frank P. Bergengren, Roy F. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry 522 JOURNAL OF THE CONVENTION, Messrs. Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Crossley, William Cyril Cummings, John W. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Frost, Archie N. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. Graumann, John Green, Thomas H. Haines, Benjamin F. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Jones, George R. Keliher, John A. Kelley, Thomas R. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Langelier, Louis F. R. Leboeuf, Telesphore Leonard, Joseph J. Messrs. Lomasney, Martin M. Look, William J. Loring, Augustus P. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mansfield, John J. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'ConneU, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A Sherburne, Nelson Skerrett, Mark N. Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Swig, Louis Thompson, Edward Trefry, William D. T. Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Webster, Francis E. Webster, George P. THURSDAY, NOVEMBER 22, 1917. 523 Messrs. Whipple, Sherman L. Messrs. Winslow, Guy M. Whitehead, James Wonson, Carlton W. Willett, George Franklin 125 yeas; 153 nays. Therefore the amendments, as amended, were rejected. Mr. Walker of Brookline moved that additional amendments Order of be not entertained after the time allotted for debate to the pr mover of an amendment has expired. Mr. Pillsburyof Wellesley moved that this motion be amended by the substitution of the following: "That the motion adopted yesterday, closing general debate and limiting speeches to five minutes, be rescinded/' After debate the amendment moved by Mr. Pillsbury was rejected; and the motion of Mr. Walker was adopted. The President having taken the chair, the question then Mr. Luce, came on the following pending amendment, moved by Mr. Luce ai of Waltham: That the resolution recommended as a substitute by the committee on Form and Phraseology be amended by inserting, after line 12, the following paragraph :- "The measure may delegate to an agency of government existing or to be created, as may therein be specified, the power of making provisions to effect the purpose of such measure; and, before certifying that such law is in proper form for sub- mission to the people, the attorney-general may require that the power of making such provisions shall be so delegated therein. " After debate the amendment was rejected, by a vote of 94 to 106. The following pending amendment, moved by Mr. Sawyer of Mr - Sawyer, TTT i mi i / 111 amendment. Ware, was rejected: That the resolution recommended as a sub- stitute by the committee on Form and Phraseology be amended by striking out, in line 13, the word "measure", and inserting in place thereof the word "law". The question then came on the following pending amendment, Mr. Cummings, moved by Mr. Cummings of Fall River: That the resolution " recommended as a substitute by the committee on Form and Phraseology be amended by striking out, in line 17, the word "powers,", and inserting in place thereof the words "power of the court to decide a law unconstitutional, or to the". After debate the question was put on the adoption of the amendment, and 87 members voted in the affirmative and 126 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Cummings; and 123 members voted in the affirmative and 155 in the negative, as follows: YEAS. Messrs. Adams, Brooks Messrs. Batchelder, Albert W. Adams, Smith J. Bauer, Ralph S. Aylward, James F. Begley, John S. Barrett, James T. Bergengren, Roy F. 524 JOURNAL OF THE CONVENTION, Messrs. Bigney, Robert E. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James J. Broderick, Patrick S. Brown, E. Gerry BuUock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Dor an, James P. Driscoll, Dennis D. Driscoll, Timothy J. Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Gallagher, Daniel J. Gartland, John J. Glazier, Frederick P*. Good, John P. Granfield, William J. Green, Thomas H. Haines, Benjamin F. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kelley, Thomas R. Kelly, Luke L. Kenny, Herbert A. Kilbon, John L. Lane, Dwight F. , Leonard, Joseph J. Lomasney, Martin M. Messrs. Adams, Charles Francis Adams, Scott Anderson, Frederick L. Avery, Nathan P. Bailey, Charles O. Balch, Francis N. Messrs. Lynch, John C. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Mitchell, Charles Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A, Sherburne, Nelson Skerrett, Mark N. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Winslow, Guy M. Wonson, Carlton W. NAYS. Messrs. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. THURSDAY, NOVEMBER 22, 1917. 525 Messrs. Bassett, Edmund Bates, Sanford Bennett, Frank P. Besse, Harold A. Bicknell, Wallace H. Blackmur, Paul R. Bodfish, John D. W. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brine, Henry C. Brooks, George F. Bruce, Charles Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Crafts, Lyman A. Crosby, J. Ho well Crossley, William Cyril Curtis, Arthur B. Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Derbyshire, Ja.mes H. Doe, Orestes T. Douglass, John J. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Finn, E. Philip Fisher, Edward Fitz-Randolph, Reginald T. Foss, George H. Fraser, Eugene B. French, Asa P. Frost, Archie N. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Graumann, John Greenwood, Hamlet S. Hale, Edward R. > Messrs. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Hawley, Truman R. Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Langelier, Louis F. R. Leboeuf, Telesphore Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Love, Joseph A. Lowe, Arthur H. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. MacMaster, Edward A. McAnarney, John W. Merriam, John M. Michelman, Joseph Montague, David T. Moore, Charles D. C. Morton, James M. Myron, John F. Nutting, Edward H. Parker, Herbert Parkman, Henry PiUsbury, Albert E. Putnam, Harry B. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Rieutprd, Louis O. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Stoneman, David Sullivan, Edmund G Sweeney, Edward A. Sweet, Joseph L. Talbot, Harry R. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. 526 JOUENAL OF THE CONVENTION, Mr. W. H. Sullivan, amendments. Recess. Quorum. Mr. Churchill, amendment. Messrs. Washburn, Charles G. Waterman, George B. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Messrs. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wood, Charles J. 123 yeas; 155 nays. Therefore the amendment was rejected. The question next came on the following pending amendments, moved by Mr. William H. Sullivan of Boston: That the resolution recommended as a substitute by the committee on Form and Phraseology be amended by striking out, in lines 17 and 253, the word "powers/ 5 . After debate these amendments were rejected, by a vote of 69 to 114. Mr. Lane of Boston then moved that the Convention take a recess until two o'clock; and this motion prevailed. Accordingly, at five minutes before one o'clock, recess was taken until two o'clock; at which hour the Convention reas- sembled. Mr. Harriman of New Bedford doubted the presence of a quorum; and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. On the appearance of a quorum the question came on the following pending amendment, moved by Mr. Churchill of Amherst: That the resolution recommended as a substitute by the committee on Form and Phraseology be amended by inserting, after line 27, the following paragraph: " No amendment of the constitution annulling, abrogating or repealing any of the provisions of the declaration of rights, or inconsistent therewith, shall be proposed by an initiative peti- tion." After debate the question was put on the adoption of this amendment, and 113 members voted in the affirmative and 106 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 129 members voted in the affirmative and 150 in the negative, as follows : YEAS. Messrs. Adams, Charles Francis Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Besse, Harold A. Bicknell, WaUace H. Blackmur, Paul R. Messrs. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brooks, George F. Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr Churchill, George B. THURSDAY, NOVEMBER 22, 1917. 527 Messrs. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes-W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Ho well Crossley, William Cyril Curtis, Arthur B. Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fitz-Randolph, Reginald T. Foss, George H. Fraser, Eugene B. French, Asa P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood', Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles . Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Avery, Nathan P. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bigney, Robert E. Messrs. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Merriam, John M. Michelman, Joseph Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Putnam, Harry B. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wood, Charles J. NAYS. Messrs. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J.. Butler, A. Webster Callahan, Timothy F. 528 JOURNAL OF THE CONVENTION, Messrs. Carr, Edward Clark, Ezra W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Frost, Archie N. Gallagher, Daniel J. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. Graumann, John Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kelley, Thomas R. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Knotts, J. Franklin Lane, Dwight F. Langelier, Louis F. R. Leboeuf, Telesphore Leonard, Joseph J. Linke, Fred R. Lomasney, Martin M. Love, Joseph A. Lynch, John C. Maguire, James E. Mahoney, John J. Messrs. Mancovitz, David Mansfield, John J. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan. William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A Sherburne, Nelson Skerrett, Mark N. Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Swig, Louis Talbot, Harry R. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Webster, Francis E. Webster, George P. Whipple, Sherman L. White, John A. Whitehead, James Winslow, Guy M. Wonson, Carlton W. 129 yeas; 150 nays. Therefore the amendment was rejected. THURSDAY, NOVEMBER 22, 1917. 529 Mr. Lowell of Newton then withdrew the pending amendment Mr - Lowell, i i i i , amendment. moved by mm, there being no objection. The question then came on the following pending amendment, moved by Mr. Edwin U. Curtis of Boston: That the resolution recommended as a substitute by the committee on Form and Phraseology be amended by inserting, after line 30, the following paragraph : - "The eighteenth amendment of the constitution, as approved and ratified to take effect the first day of October in the year nineteen hundred and eighteen, shall not be the subject of an initiative amendment." Mr. French of Randolph moved that the amendment be Mr. French, amended by striking out the paragraph proposed to be inserted, al and inserting in place thereof the following: "Neither the eighteenth amendment of the constitution, as approved and ratified to take effect on the first day of October in the year nineteen hundred and eighteen, nor this provision for its protection, shall be the subject of an initiative amend- ment." After debate Mr. Curtis accepted this amendment as a part of his amendment, there being no objection. The question was then put on the adoption of the amendment moved by Mr. Curtis, as thus modified, and 129 members voted in the affirmative and 74 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Dennis D. Driscoll of Boston; and on the roll call 175 members voted in the affirmative and 106 in the negative, as follows : YEAS. Messrs. Adams, Charles Francis Messrs. Burns, William A. Adams, Scott Butler, A. Webster Adams, Smith J. Buttrick, Allan G. Anderson, Frederick L. Callahan, Timothy F. Bailey, Charles O. Carr, Edward Balch, Francis N. Chandler, Leonard B. Ballantyne, John Chase, Mial W. Bangs, Francis R. Choate, Charles F., Jr. Barker, Warren S. Churchill, George B. Barnes, Clarence A. Clapp, Robert P. Barnes, George L. Clark, Chester W. Barrett, James T. Clark, Ezra W. Bartlett, Horace I. Coe, S. Hamilton Bassett, Edmund Collier, David R. Batchelder, Albert W. Collins, Samuel I. Bates, Sanford Coogan, Clement F. Begley, John S. Cook, Benjamin A. Bergengren, Roy F. Coughlan, William J. Besse, Harold A. Cox, Guy W. Bicknell, Wallace H. Crafts, Lyman A. Bodfish, John D. W. Crossley, William Cyril Bouve", Walter L. Curtis, Arthur B. Boyer, Elmer E. Curtis, Edwin U. Brackett, John Q. A. Dale, George H. Brennan, James H. Daley, Peter Brennan, James J. Davis, Elbridge G. Broderick, Patrick S. Davis, William R. Brooks, George F. Delaney, Louis F. I Buck, Maurice A. Delano, Robert T. Bullock, William J. Dellinger, Raymond P. 530 JOURNAL OF THE CONVENTION, Messrs. Derbyshire, James H. Donovan, Thomas F. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Finn, E. Philip Fisher, Edward Flaherty, William Fraser, Eugene B. French, Asa P. Frost, Archie N. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Gates, Joseph S. Gaytord, Henry E. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Granfield, William J. Graumann, John Green, Thomas H. Greenwood, Hamlet S. Hale, Edward R. Hale, Matthew Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Harding, Clarence W. Hawley, Truman R. Hoitt, Augustus J. Jones, George R. Keliher, John A. Kerr, Alexander Kinney, William S. Knotts, J. Franklin Lane, Daniel W. Lane, Dwight F. Langelier, Louis F. R. Leonard, Joseph J. Logan, James Lomasney, Martin M. Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Maguire, James E. Mahoney, John J. Mancovitz, David Mclsaac, Daniel V. McLaud, Abner S. Merriam, John M. Messrs. Adams, Brooks Avery, Nathan P. Aylward, James F. Bauer, Ralph S. Bennett, Frank P. Bigney, Robert E. Blackmur, Paul R. Messrs. Merrill, George Frye Michelman, Joseph Montague, David T. Moore, Charles D. C. Morton, James M. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. Parker, Herbert Parkman, Henry Pelletier, Joseph C. Peterson, Patrick Pillsbury, Albert E. Putnam, Harry B. Quincy, Josiah Reidy, Michael J. Richardson, Edward A. Richardson, James P. Rieutprd, Louis O. Robbins, Edward J. Robinson, George H. Scigliano, Alfred P. Shanahan, William J. Shattuck, Josiah B. Shaw, Michael F. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Sparrell, Ernest H. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sullivan, Joseph M. Sweeney, Edward A. Sweet, Joseph L. Swig, Louis Talbot, Harry R. Tatman, Charles T. Thompson, John L. Trefry, William D. T. Turner, Joseph Walcott, Robert Walker, George Washburn, Albert H. Waterman, George B. Webster, Francis E. Webster, George P. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Willett, George Franklin Wing, Herbert . Wonson, Carlton W. Wood, Charles J. NAYS. Messrs. Bolster, Percy G. Bosworth, Henry H. Boucher, Joseph Zoe'l Bowen, Patrick Boynton, Thomas J. Brine, Henry C. Brown, E. Gerry THURSDAY, NOVEMBER 22, 1917. 531 Messrs. Burrell, Fred J. Codman, James M., Jr. Cook, Rufus H. Coombs, Zelotes W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Creamer, Walter H. Creed, James F. Crosby, J. Ho well Cummings, John W. Cusick, John F. Daly, John W. Dean, Robert A. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Fitz-Randolph, Reginald T. Flye, Louis Edwin Flynn, Maurice R. Foss, George H. George, Samuel W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Horgan, Francis J. Hutchings, Henry M. Johnson, Charles R. Kelley, George W. Kelley, Thomas R. Kelly, Luke L. Kenefick, Thomas W. Kenny, Herbert A. Kilbon, John L. Kneil, Arthur S. Linke, Fred R. Love, Joseph A . Lummus, Henry T. Messrs. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Mansfield, John J. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. Mitchell, Charles Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Quinn, Timothy F. Ray, Herbert L. Ross, Samuel Saunders, Amos T. Sawyer, Roland D. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Thompson, Edward Thompson, Hubert C. Tilton, Rufus H. Twomey, John C. Underhill, Charles L. Walker, Joseph Walsh, David I. Washburn, Charles G. Whipple, Sherman L. Whitehead, James Whittier, Eugene P. Williams, Fred Homer Winslow, Guy M. 175 yeas; 106 nays. Therefore the amendment was adopted. The question then came on the following pending amendment, Mr. Richard- moved by Mr. Richardson of Newton: That the resolution rec- ommended as a substitute by the committee on Form and Phrase- ology be amended by adding after the word "petition", in line 30, the words " ; nor shall this section be the subject of such a petition". After debate the question was put, and 108 members voted in the affirmative and 81 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 142 members voted in the affirmative and 139 in the negative, as follows: 532 JOURNAL OF THE CONVENTION, Messrs. Adams, Charles Francis Adams, Scott Anderson, Frederick L. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates, Sanford Besse, Harold A. Bodfish, John D. W. Bosworth, Henry H. Bouve 1 , Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brooks, George F. Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crossley, William Cyril Curtis, Arthur B. Curtis, Edwin U. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Foss, George H. Fraser, Eugene B. French, Asa P. YEAS. Messrs. Frost, Archie N. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchmgs, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Langelier, Louis F. R. Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. MacMaster, Edward A. Merriam, John M. Michelman, Joseph Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Nutting, Edward H. Parker, Herbert Parkman, Henry Peirce, Albion G. Pillsbury, Albert E. Putnam^ Harry B. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Swig, Louis Talbot, Harry R. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. THURSDAY, NOVEMBER 22, 1917. 533 Messrs. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Weekes, George LeRoy Messrs. Adams, Brooks Adams, Smith J. Avery, Nathan P. Aylward, James F. Barrett, James T. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Blackmur, Paul R. Bolster, Percy G. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Crosby, J. Howell Cummings, John W. Cusick, John F. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Gallagher, Daniel J. Gartland, John J. Glazier, Frederick P. Good, John P. Messrs. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wood, Charles J. NAYS. Messrs. Granfield, William J. Graumann, John Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kelley, Thomas R. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Knotts, J. Franklin Lane, Dwight F. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. 534 JOURNAL OF THE CONVENTION, Mr. Merriam, amendment. Mr. Lummus, amendment. Point of order. Mr. Richard- son, amendment. Messrs. Ray, 'Herbert L. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Messrs. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, George P. Whipple, Sherman L. Whitehead, James Winslow, Guy M. Wonson, Carlton W. 142 yeas; 139 nays. Therefore the amendment was adopted. The question then came on the following pending amendment, moved by Mr. Merriam of Framingham: That the resolution recommended as a substitute by the committee on Form and Phraseology be amended by inserting, after line 30, the following paragraph: "No proposition inconsistent with any one of the following rights of the individual, as at present declared in the decla- ration of rights, shall be the subject of an initiative or refer- endum petition: The right to receive compensation for pri- vate property appropriated to public use; the right of access to and protection in courts of justice; the right of trial by jury; protection from unreasonable search, unreasonable bail and the law martial; freedom of the press; freedom of speech; freedom of elections; and the right of peaceable assembly." After debate this amendment was adopted, by a vote of 107 to 66. The question then came on the following pending amendment, moved by Mr. Lummus of Lynn: That the resolution recom- mended as a substitute by the committee on Form and Phraseol- ogy be amended by adding after the word "petition", in line 30, the words " ; nor shall this provision be the subject of an initiative petition". Mr. Richardson of Newton raised the point of order that the amendment was not properly before the Convention, being essen- tially the same as an amendment previously adopted. The President declared the point of order well taken. The question then came on the following pending amendment, moved by Mr. Richardson of Newton: That the resolution recom- mended as a substitute by the committee on Form and Phraseology be amended by striking out lines 28, 29 and 30 (as amended), and inserting in place thereof the following. paragraph: "No part of the constitution which provides for the estab- lishment of a popular initiative and referendum, including this sentence, shall be the subject of an initiative petition." After debate the question was put, and 106 members voted in the affirmative and 91 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 123 members voted in the affirmative and 141 in the negative, as follows : THURSDAY, NOVEMBER 22, 1917. 535 YEAS. Messrs. Adams, Charles Francis Adams, Scott Anderson, Frederick L. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Besse, Harold A. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Howell Curtis, Arthur B. Curtis, Edwin U. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T.. Dellinger, Raymond P. Doe, Orestes T. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Foss, George H. Fraser, Eugene B. French, Asa P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Messrs. Hall, Elisha S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Merriam, John M. Michelman, Joseph Montague, David T. Moore, Charles D. C. Morton, James M. Parker, Herbert Parkman, Henry Peirce, Albion G. Pillsbury, Albert E. Putnam, Harry B. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robinson, George H. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wood, Charles J. 536 JOURNAL OF THE CONVENTION, NAYS. Messrs. Adams, Smith J. A very, Nathan P. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Codman, James M., Jr. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Douglass, John J. Dresser, Frank F. Driscoll, Dennis D. Driscoll, Timothy J. Flaherty, William Flye, Louis Edwin Flynn, Maurice R. GaUagher, Daniel J. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. Graumann, John Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Messrs. Hawley, Truman R. Hoitt, Augustus J. Horgan, Francis J. Keliher, John A. Kelley, George W. Kelley, Thomas R. Kelly, Luke L. Kerr, Alexander Kilbon, John L. Knotts, J. Franklin Lane, Dwight F. Langelier, Louis F. R. Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Mitchell, Charles Mitchell, John Moran, William Moriarty, James T. Morrffl, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, William H. THURSDAY, NOVEMBER 22, 1917. 537 Messrs. Sullivan, William J. Messrs. Walsh, David I. Swig, Louis Webster, George P. Talbot, Harry R. Whipple, Sherman L. Thompson, Edward Whitehead, James Twomey, John C. Winslow, Guy M. Walker, George Wonson, Carlton W. Walker, Joseph 123 yeas; 141 nays. Therefore the amendment was rejected. Mr. Bennett of Saugus moved that the Convention adjourn; and this motion was negatived, by a vote of 73 to 82. The question then came on the following pending amend- ^ ment, moved by Mr. Harriman of New Bedford: That the resolution recommended as a substitute by the committee on Form and Phraseology be amended by striking out lines 28, 29 and 30 (as amended). After debate, and without action on the amendment, Mr. Adjournment. O'Connell of Boston moved that the Convention adjourn; and this motion prevailed. Accordingly, at six minutes before five o'clock, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. 538 JOURNAL OF THE CONVENTION, Delegate George W. Anderson of Brookline, special communi- cation. Samuel F. Brown. FRIDAY, November 23, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Archey D. Ball of Maiden. Special Communication. A communication from Delegate George W. Anderson of Brookline, addressed to the President of the Convention and dated November 21, was read, as follows: "It seems to me fitting that I should ask that the records of the Convention show that my absence from roll calls for the past six weeks has not been from inattention to public duty. As you know, I was, contrary to my own desire, appointed upon the Interstate Commerce Commission and had to assume the duties of that office on October 15th. It is also known to you that matters of vital importance due to war conditions were pending before that Commission, calling for immediate and absorbing attention. It seemed to me a matter of plain public duty to accept this appointment, and also to devote myself to matters then pending. My absence has therefore been com- pulsory. " But while unable to listen to or participate in the discussions, I have arranged to offset my vote with delegates holding different views who are also constrained to be absent in the performance of other public duties. "I ask that this letter may be either inserted in the records or that you will take such other course as seems to you proper under the circumstances." The communication was placed on file. Leave of Absence. On motion of Mr. Adams of Springfield, - Ordered, That Mr. Brown of Springfield be granted leave of absence for the current week, under Rule 13, because of illness. Special recess committee on economic, industrial and military problems. Special Committee to Consider Economic, Industrial and Military Problems. The following order, offered by Mr. Adams of Quincy, the consideration of which was postponed from the last session, was laid on the table, on motion of that member: - Ordered, That this Convention appoint its President to serve during the approaching recess as chairman of a committee whose duty it shall be to consider, and to report upon to this Con- vention when it shall reconvene, those economic, industrial and military problems which are being evolved here and elsewhere by the present war, and problems which, in their judgment, FRIDAY, NOVEMBER 23, 1917. 539 directly concern the future development of this country and this Commonwealth; and be it further Ordered, That the chairman thereof shall appoint the other members of said committee, who shall not exceed fifteen in number, and who shall serve without pay. Proposed Adjournment from November 23 to December 4- The following order, offered by Mr. Feiker of Northampton, Adjournment the consideration of which was postponed from the last session, b'S- 1 23 I to Vem ~ was considered : December 4. Ordered, That, when the Convention adjourns on Friday, November 23, it adjourn to meet on Tuesday, December 4, at one o'clock P.M.; and that, if the Convention is in session at one o'clock P.M. on said November 23, the President shall declare an adjournment. Mr. Feiker of Northampton moved that Rule 45 (which pro- vides that "no motion to adjourn for more than seven days at a time shall be entertained") be suspended, so that the order might be entertained; and after debate this motion was negatived. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to provide for establishing the popular initia- initiative and tive and referendum (Doc. No. 369), being the unfinished busi- referendum, ness of the last session, was considered further, the main question being on passing it to be engrossed. The question first came on the pending amendment, moved Mr. Hamman, TT . -r, ,. i ^ ,-, ,1 i ,. amendment. by Mr. Harnman of iNew Bedford, that the resolution recom- mended as a substitute by the committee on Form and Phrase- ology (printed in Doc. No. 370) be amended by striking out lines 28, 29 and 30 (as amended). After debate Mr. Richardson of Newton raised the point of Point of order that the amendment could not properly be entertained, for 01 the reason that, if adopted, it would reverse action taken by the Convention at the last session in amending the same lines of the resolution. The President stated that, if the amendment contemplated striking out only the words which were inserted at the last session, a point of order would hold; but that words previously inserted might be stricken out in connection with other words. He therefore declared the point of order not well taken. The amendment was then rejected, by a vote of 68 to 135. The question then came on the following pending amendment, Mr. Sawyer, - moved by Mr. Sawyer of Ware: That the resolution recom- amendment. mended as a substitute by the committee on Form and Phrase- ology be amended by striking out lines 28, 29 and 30 (as amended), and inserting in place thereof the following para- graph : - "An initiative petition to repeal, alter or amend any of the specific exemptions from the operation of the constitutional 540 JOURNAL OF THE CONVENTION, Mr. Bartlett, amendment. Mr. George, amendments. initiative in the foregoing paragraph, shall not be deemed re- ferred to the next general court unless it shall be agreed to by a majority of those present and voting in joint session, nor shall it be deemed referred to the people by a second general court unless it be agreed to by a majority of those present and voting in joint session. Nor shall anything in the fore- going sentence be the subject of an initiative petition." After debate the amendment was rejected, by a vote of 34 to 126. The following pending amendment, moved by Mr. Bartlett of Newburyport was adopted: That the resolution recommended as a substitute by the committee on Form and Phraseology be amended by inserting after the word "subjects", in line 43, the words "not excluded from the popular initiative and". The question then came on the following pending amendments, moved by Mr. George of Haverhill: That the resolution recom- mended as a substitute by the committee on Form and Phrase- ology be amended by striking out, in lines 55 and 56, the words "first Wednesday of the September", and inserting in place thereof the words "second Wednesday of the November"; and by striking out* in line 59, the word "first", and inserting in place thereof the word "last". After debate the question was divided, at the request of Mr. Morrill of Haverhill; and, on the amendment of lines 55 and 56, 101 members voted in the affirmative and 67 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 140 members voted in the affirmative and 140 in the negative, as follows : YEAS. Messrs. Adams, Charles Francis Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Benton, Everett C. Besse, Harold A. BickneU, Wallace H. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Bruce, Charles Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Messrs. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coolidge, Louis A. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Curtis, Arthur B. Curtis, Edwin U. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Derbyshire, James H. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. FRIDAY, NOVEMBER 23, 1917. 541 Messrs. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Foss, George H. Fraser, Eugene B. French, Asa P. Frost, Archie N. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Langelier, Louis F. R. Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. McAnarney, John W. Merriam, John M. Mitchell, Charles Montague, David T. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Brennan, James H. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Butler, A. Webster Messrs. Moore, Charles D. C. Morton, James M. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wonson, Carlton W. Wood, Charles J. Youngman, William S. NATS. Messrs. Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coakley, Daniel H. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Curtiss, Elmer L. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Donnelly, James P. Donoghue, John A. Donovan, Thomas F. Doran, James P. Douglass, John J. 542 JOURNAL OF THE CONVENTION, Messrs. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Gallagher, Daniel J. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. Graumann, John Green, Thomas H. Haines, Benjamin F. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kelley, Thomas R. Kelly, Luke L. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Larson, Charles G. Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph MitcheU, John Messrs. Moran, William Moriarty, James T. Morrill, "Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quihcy, Josiah Quinn, Timothy F. Ray, Herbert L. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Sparrell, Ernest H. Stoeber, Charles Stoneman, David Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Swig, Louis Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Winslow, Guy M. 140 yeas; 140 nays. Mr. George, amendment. Mr. Moriarty, amendment. Therefore the amendment was rejected. . The pending amendment of line 59, moved by Mr. George, was then rejected, by a vote of 37 to 83. There being no objection, Mr. Moriarty of Boston moved that the resolution recommended as a substitute by the committee on Form and Phraseology be amended by striking out, in lines 45, 46 and 47, the words " A filing fee not exceeding one hundred dollars, which shall be returned if and when the petition is completed, may be required by law." After debate the question was put, and 92 members voted in the affirmative and 104 in the negative. FRIDAY, NOVEMBER 23, 1917. 543 The sense of the Convention was then taken by yeas and nays, at the request of Mr. Moriarty; and on the roll call 142 members voted in the affirmative and 134 in the negative, as follows: YEAS. Adams, Smith J. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W.. Boucher, Joseph Zoe'l Bowen, Patrick Brennan, James H. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coakley, Daniel H. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Crosby, J. Howell Cummings, John W. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flynn, Maurice R. Frost, Archie N. Gallagher,. Daniel J. Gartland, John J. Gates, Joseph S. Glazier, Frederick P. Good, John P. Granfield, William J. Green, Thomas H. Greenwood, Hamlet S. Hale, Matthew Harding, Clarence W. Messrs. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Jones, George R. Keliher, John A. Kelley, George W. Kelley, Thomas R. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Larson, Charles G. Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, Charles Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. 544 JOURNAL OF THE CONVENTION, Messrs. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Sweeney, Edward A. Messrs. Adams, Brooks Adams, Charles Francis Adams, Scott Anderson, Frederick L. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Benton, Everett C. Besse, Harold A. Bolster, Percy G. Bosworth, Henry H. Bouve*, Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Bruce, Charles Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coolidge, Louis A. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crossley, William Cyril Curtis, Arthur B. Curtis, Edwin U. Curtiss, Elmer L. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Doe, Orestes T. Dresser, Frank F. Messrs. Thompson, Edward Thompson, John L. Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Webster, Francis E. Whipple, Sherman L. White, John A. Whitehead, James Winslow, Guy M. NAYS. Messrs. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Flye, Louis Edwin Foss, George H. Fraser, Eugene B. French, Asa P. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Graumann, John Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Langelier, Louis F. R. Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. McAnarney, John W. Merriam, John M. Montague, David T. Moore, Charles D. C. Morton, James M. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Ray, Herbert L. Reidy, Michael J. Richardson, Edward A. Richardson, James P. FRIDAY, NOVEMBER 23, 1917. 545 Messrs. Rieutord, Louis O. Messrs. Tilton, Rufus H. Robbins, Edward J. Trefry, William D. T. Robinson, George H. Turner, Joseph Saunders, Amos T. Underbill, Charles L. Shattuck, Josiah B. Walcott, Robert Shea, John M. Washburn, Charles G. Smith, Jerome S. Waterman, George B. Smith, Rutherford E. Wellman, Arthur Holbrook Stearns, Harry N. Wheeler, William Stoneman, David Whittier, Eugene P. Sullivan, Edmund G. Willett, George Franklin Sweet, Joseph L. Williams, Fred Homer Swig, Louis Wing, Herbert Tatman, Charles T. Wonson, Carlton W. Thompson, Hubert C. Wood, Charles J. 142 yeas; 134 nays. Therefore the amendment was adopted. The first pending amendment moved by Mr. Knotts of Somer- Mr. Knotts, ville (that the resolution recommended as a substitute by the amendment - committee on Form and Phraseology be amended by insert- ing, after line 59, certain paragraphs) was withdrawn by that member, there being no objection. The question then came on certain pending amendments Mr. Quincy, moved by Mr. Quincy of Boston. The same member moved amendments - certain amendments of the amendments. After debate Mr. O'Connell of Boston moved that the Con- Recess. vention take a recess until two o'clock; and this motion was adopted, by a vote of 141 to 37. Accordingly, at five minutes before one o'clock, a recess was taken until two o'clock; at which hour the Convention reas- sembled. Mr. Quincy of Boston doubted the presence of a quorum; Quorum. and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. On the appearance of a quorum Mr. Quincy asked unanimous consent that the time for debate on his pending amendments be extended fifteen minutes. Objection was made by Mr. Reidy of Boston. Mr. Quincy was then given unanimous consent to modify his Mr. Quincy, pending amendments, so as to read as follows: That the resolu- amendments - tion recommended as a substitute by the committee on Form and Phraseology be amended as follows: By inserting in line 48, after the word "shall", the words "give the petition a number and shall"; By striking out, in lines 60, 61 and 62, the words "If an initia- tive petition, signed by the required number of qualified voters, has been filed as aforesaid", and inserting in place thereof the words "If the required number of signatures to an initiative pe- tition has been filed with the secretary of the commonwealth as herein provided"; By inserting after line 59 the following paragraphs: "The signatures to initiative petitions hereby required, with the exception of the first ten signers, shall be made and filed as follows: The secretary of the commonwealth shall print in- 546 JOURNAL OF THE CONVENTION, dividual signature cards upon which any registered voter receiv- ing the same as herein provided may personally make his signature, followed by his address as it appears upon the voting list, in favor of any initiative petition which he desires to support. Each such card shall identify by number or otherwise the in- itiative petition for which the signature is to be given, shall bear the seal of the commonwealth printed thereon, or other identify- ing mark, and shall be used only for official transmission by mail as herein provided. Any registered voter may sign one such signature card in favor of each initiative petition which he desires to support, but each signature card shall only be signed by one voter and for one petition. Amendment's" "The secretary of the commonwealth shall procure 'and keep on file the latest printed copies of the voting lists of all cities and towns, and he shall, at the request of any original signer of an initiative petition duly filed, cause one of such signature cards to be mailed to any list or lists of voters which may from time to time be specified or furnished by any such signer, provided that all expenses connected with such mailing, other than the expense of printing such signature cards and such initiative measure, shall be deposited in advance. A copy of the full text of such initiative measure shall be printed by the secretary of the com- monwealth and enclosed with each signature card, together with any printed argument in support of the same, and any addressed return envelopes which may be furnished him for mailing there- with. Provision shall be made by law to regulate the length of any such argument and for allowing opponents of such initia- tive measure an opportunity, by depositing one-half of the ex- pense of mailing as aforesaid, exclusive of the expense of furnish- ing such addressed return envelopes, to have printed arguments in opposition to such measure enclosed with such signature cards. Instead of mailing such cards the secretary of the common- wealth shall, at the request of any such original signer, furnish and send to any clerk of a city or town a sufficient number of signature cards for the registered voters of such city or town, and such clerk shall, upon the deposit of the expenses aforesaid, thereupon have the same duty -in respect to the mailing of such signature cards and other printed matter as herein provided in respect to said secretary. "As an additional method of giving his signature and support to any initiative petition, any registered voter may express in his own handwriting upon a paper or card personally signed by him, with his address as aforesaid and bearing the signature and address of a witness, his desire to sign in favor of any one in- itiative petition designated therein by number or other sufficient description, and such paper or card when received by the clerk of the city or town in which such voter is registered as a voter shall constitute a signature to such petition; and any such voter may sign one such paper or card in favor of each initiative petition which he desires to support. "In addition to the two methods of signing initiative peti- tions above provided, any registered voter may give his signature therefor in the presence of the clerk of the city or town in which FRIDAY, NOVEMBER 23, 1917. 547 he is a registered voter, or of any assistant in his office, and the secretary of the commonwealth shall furnish to every city or town clerk an official blank for such signatures. "Any such official signature card or unofficial paper or card when executed as herein provided may be delivered by mail or otherwise either to the secretary of the commonwealth or to the clerk of the city or town in which the signer of the same is a registered voter, and when so received shall be open for public inspection. If the name and residence signed to any such card or paper corresponds to the name and residence of a registered voter, and if such card or paper appears to be executed as herein required, the same shall be placed on file, otherwise it shall be rejected. If the officer with whom such card or paper is filed believes, from evidence offered to him, that there is substantial reason to doubt the genuineness of the signature to any such card or paper, he may reject the same, unless satisfactory evi- dence to establish such genuineness is furnished. The name of each signer of any such card or paper or blank shall be checked on the voting list, so that the same voter shall not be counted more than once in support of any one petition. "When the time for filing signatures as fixed herein shall ex- pire, each city or town clerk with whom any such official signa- ture cards or any such unofficial papers or cards have been filed, or who has in his office any of the petition blanks furnished as aforesaid with signatures of voters thereon, shall transmit all of the same to the secretary of the commonwealth, who shall pro- ceed to examine the same and count all signatures which appear to be in conformity herewith, and if the number of such signatures to any petition, together with the number of signatures thereto filed directly with the secretary of the commonwealth, equals the number of signatures required to complete such petition as herein provided, then such petition shall be transmitted to the general court or submitted to the people, as the case may be, as herein- after provided."; By striking out, in lines 112, 113 and 114, the words "in any manner not inconsistent with its general purpose by vote of three-fourths of the members voting thereon in joint session", and inserting in place thereof the words "by vote of three- fourths of the members voting thereon in joint session, which shall be taken by yeas and nays unless dispensed with by unani- mous consent"; By striking out lines 152 to 158, inclusive, and inserting in place thereof the words "is completed by filing after the first Wednesday in June aforesaid, and before the first Wednesday of the following August, not less than five thousand signatures of qualified voters, in addition to those filed before the intro- duction of such initiative petition, which signatures must have been obtained after the first Wednesday of June aforesaid, then"; By striking out lines 184 to 190, inclusive, and inserting in place thereof the words "by filing after the first Wednesday in June aforesaid, and before the first Wednesday of the following August, not less than five thousand signatures of qualified voters, in addition to those filed before the introduction of such initiative 548 JOURNAL OF THE CONVENTION, Mr. Quincy, amendments. Point of order. Mr. Bates, amendment. petition, which signatures must have been obtained after the first Wednesday of June aforesaid, then the"; and By striking out lines 168 to 192, inclusive, and inserting in place thereof the following paragraph: "The general court may, upon petition signed by a majority of the first ten signers of an initiative petition for a law, make any amendment or amendments therein, by vote taken by the yeas and nays, which are specifically asked for in such petition, and such proposed law shall then be voted upon by the general court, and submitted to the people if qualified for submission as herein provided, in such amended form." Mr. Quincy then moved that the further consideration of his amendments, except the amendment of lines 112, 113 and 114, be postponed until action had been taken on all other amendments, except amendments proposing substitute resolutions. Mr. Sawyer of Ware raised the point of order that the motion to postpone could not properly be entertained, for the reason that it is not in order to postpone the consideration of a sub- sidiary question. The President stated that, if the motion to postpone had been to a day certain, or had otherwise separated the subsidiary question from the main question, it would not have been in order; but that the motion only contemplated changing the order for the consideration of amendments. He therefore de- clared the point of order not well taken. After debate the motion to postpone was adopted, by a vote of 127 to 57. The question then came on the following pending amendment, moved by Mr. Bates of Boston: That the resolution recom- mended as a substitute by the committee on Form and Phrase- ology be amended by inserting, after line 85, the following paragraph: "If, of the measures introduced into the general court by initiative petition in any one year, more than five fail of enact- ment by the general court, and the petitions relating to more than five are duly completed, the five on the petitions accom- panying which appear the largest number of signatures of regis- tered voters, and no more, shall be submitted to the people at the next state election. The measures not so submitted shall be deemed to be introduced into the next session of the general court and pending in the house of representatives." After debate the question was put, and 97 members voted in the affirmative and 97 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Luce of Waltham; and on the roll call 106 members voted in the affirmative and 153 in the negative, as follows : YEAS. Messrs. Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Messrs. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Benton, Everett C. Besse, Harold A. FRIDAY, NOVEMBER 23, 1917. 549 Messrs. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crosby, J. Howell Crossley, William Cyril Curtis, Arthur B. Dale, George H. Davis, Elbridge G. Davis, William R. . Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Foss, George H. Fraser, Eugene B. French, Asa P. Frost, Archie N. Gaylord, Henry E. Giddings, Charles Gleason, Nesbit G. Hall, Elisha S. Hall, Frederick S. Messrs. Hall, Isaac Freeman Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kenefick, Thomas W. Kinney, William S. Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Merriam, John M. Michelman, Joseph Montague, David T. Moore, Charles D. C. Morton, James M. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Richardson, Edward A. Richardson, James P. Rieutprd, Louis O. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Thompson, Hubert C. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. Wing, Herbert Wood, Charles J. NAYS. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoe'l Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brennan, James J. Messrs. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bruce, Charles Buck, Maurice A. Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clapp, Robert P. Clark, Ezra W- Coakley, Daniel H. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. 550 JOURNAL OF THE CONVENTION, Messrs. Crafts, Lyman A. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Farns worth, Frank S. Flaherty, William Flynn, Maurice R. Gallagher, Daniel J. Gartland, John J. Gates, Joseph S. George, Samuel W. Glazier, Frederick P. Good, John P. Graumann, John Green, Thomas H. Greenwood, Hamlet S. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kelley, George W. Kelley, Thomas R. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Langelier, Louis F. R. Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lowe, Arthur H. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. Messrs. McLaud, Abner S. Merrill, George Frye Mitchell, Charles Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Powers, Samuel L. Putnam, Harry B. Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shattuck, Josiah B. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Swig, Louis Thompson, Edward Thompson, John L. Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Webster, Francis E. Webster, George P. Whitehead, James Willett, George Franklin Williams, Fred Homer Winslow, Guy M. Wonson, Carlton W. 106 yeas; 153 nays. Therefore the amendment was rejected. FRIDAY, NOVEMBER 23, 1917. 551 Mr. George of Haverhill then moved that the vote be re- Motion to considered by which the Convention, previous to the recess, reconsider - rejected the following amendment: That the resolution recom- mended as a substitute by the committee on Form and Phrase- ology be amended by striking out, in lines 55 and 56, the words "first Wednesday of the September", and inserting in place thereof the words "second Wednesday of the November". Mr. Walker of Brookline raised the point of order, that the Point of motion to reconsider could not properly be entertained, for the order ' reason that business had intervened since the rejection of the amendment. The President stated that a motion to reconsider a vote on a subsidiary question was in order at any time when the main ques- tion was before the Convention; and therefore declared the point of order not well taken. Mr. George proceeded to debate the motion to reconsider, Point of whereupon Mr. William H. Sullivan of Boston raised the point OI of order that, general debate having been closed by vote of the Convention, the motion to reconsider was not debatable. The President referred to Rule 48, which provided that "on a motion to reconsider a vote upon any collateral matter debate shall be limited to ten minutes", and declared the point of order not well taken. After debate on the motion to reconsider, the question was put, and 94 members voted in the affirmative and 109 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. George; and on the roll call 121 members voted in the affirmative and 142 in the negative, as follows: Messrs. Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Benton, Everett C. Besse, Harold A. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Bruce, Charles Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. YEAS. Messrs. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Curtis, Arthur B. Dale, George H. Davis, William R. Delano, Robert T. Derbyshire, James H. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Foss, George H. Fraser, Eugene B. 552 JOURNAL OF THE CONVENTION, Messrs. French, Asa P. Frost, Archie N. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Isaac Freeman Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Lane, Daniel W. Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. McAnarney, John W. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Messrs. Adams, Brooks Adams, Smith J. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brooks, George F. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Messrs. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Williams, Fred Homer Wing, Herbert Wood, Charles J. NAYS. Messrs. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Curtiss, Elmer L. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Flaherty, William Flynn, Maurice R. Gallagher, Daniel J. Gartland, John J. Glazier, Frederick P. Good, John P. Graumann, John Green, Thomas H. Hale, Matthew Hall, Frederick S. Harding, Clarence W. Harriman, Arthur N. FRIDAY, NOVEMBER 23, 1917. 553 Messrs. Harrington, Patrick H. Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles II . Keliher, John A. Kelley, Thomas R. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Knotts, J. Franklin Lane, Dwight F. Langelier, Louis F. R. Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Messrs. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Swig, Louis Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Winslow, Guy M. Wonson, Carlton W. 121 yeas; 142 nays. Therefore the Convention refused to reconsider. The question then came on the following pending amendments, Mr. Washbum, moved by Mr. Washbum of Middleborough: That the resolution -amendments. recommended as a substitute by the committee on Form and Phraseology be amended as follows: By inserting in line 89, after the word "introduced", the words "as herein provided"; By striking out, in line 90, the words "or a legislative amend- ment"; By striking out, in lines 94 and 95, the words "for amend- ment", and inserting in place thereof the words "of a legislative substitute"; By striking out, in line 97, the words "and continued"; By striking out, in lines 121 and 122, and in line 128, the word "amendment", and inserting in place thereof, in each in- stance, the word "substitute"; By striking out, in line 134, the words "the amendment", 554 JOURNAL OF THE CONVENTION, Mr. Washburn, amendments. and inserting in place thereof the words "such substitute or amendment"; By striking out, in line 135, the word "amendment", and inserting in place thereof the words "legislative substitute or initiative amendment"; By striking out, in lines 136 to 139, inclusive, the words ", in the case of a legislative amendment, by a majority of the voters voting thereon, or in the case of an initiative amendment or a legislative substitute, if approved"; By inserting in line 142, after the word "such", the words "substitute or"; By striking out, in line 393, the words "Article IX and"; and By striking out, in line 394, the word "are", and inserting in place thereof the word "is". After debate the question was put, and 100 members voted in the affirmative and 101 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Washburn; and on the roll call 107 mem- bers voted in the affirmative and 127 in the negative, as follows: Messrs. Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Benton, Everett C. Besse, Harold A. Bolster, Percy G. Bosworth, Henry H. Bouve*, Walter L. Boyer, Elmer E. Brackett, John Q. A. Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coolidge, Louis A. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Creed, James F. Crosby, J. Ho well Curtis, Arthur B. YEAS. Messrs. Dale, George H. Davis, William R. Delano, Robert T. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Foss, George H. Fraser, Eugene B. French, Asa P. Gates, Joseph S. George, Samuel W. Gleason, Nesbit G. Greenwood, Hamlet S. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Lane, Daniel W. Linke, Fred R. Logan, James Look, William J. Lowell, James A. Lummus, Henry T. Lyman, Frank E. MacMaster, Edward A. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. FRIDAY, NOVEMBER 23, 1917. 555 Messrs. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Richardson, Edward A. Richardson, James P. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Stearns, Harry N. Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Thompson, Hubert C. Thompson, John L. Messrs. Adams, Brooks Adams, Smith J. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Cummings, John W. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Flaherty, William Flynn, Maurice R. Gallagher, Daniel J. Gartland, John J. Glazier, Frederick P. Good, John P. Messrs. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underhill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Williams, Fred Homer Wood, Charles J. NAYS. Messrs. Graumann, John Green, Thomas H. Hale, Matthew Harriman, Arthur N. Hart, Albert Bushnell Hawley, Truman R. Hoitt, Augustus J. Horgan, Francis J. Jones, George R. Keliher, John A. Kelley, Thomas R. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Knotts, J. Franklin Lane, Dwight F. Langelier, Louis F. R. Leonard, Joseph J. Lomasney, Martin M. Loring, Augustus P. Love, Joseph A. Luce, Robert Lynch, John C. Maguire, James E. Mahoney, John J. Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John P. O'Connell, Joseph F. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. 556 JOURNAL OF THE CONVENTION, Messrs. Ray, Herbert L. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Messrs. Sullivan, William J. Swig, Louis Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Willett, George Franklin Winslow, Guy M. Wonson, Carlton W. 107 yeas; 127 nays. Therefore the amendments were rejected. At eleven minutes after four o'clock the Chair (Mr. Washburn of Worcester) declared the Convention adjourned, to meet on Monday next at one o'clock P.M. MONDAY, NOVEMBER 26, 1917. 557 MONDAY, November 26, 1917. Met according to adjournment, at one o'clock P.M. Prayer was offered by Rev. John L. Kilbon of Springfield, a member of the Convention. Leave of Absence. On motion of Mr. Hale of Haverhill, Ordered, That Mr. Lufkin of Essex be granted leave of absence, wiiifredw. under Rule 13, on account of duties which devolve upon him Lufkin - as a member-elect of the Congress of the United States. Mr. Richardson of Newton was excused, at his own request, James P. from to-day's session, so that he might attend the funeral of a R deceased partner. Quorum. Mr. Boucher of New Bedford doubted the presence of a Quorum, quorum; and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. Adjournment and Hour of Meeting. On the appearance of a quorum Mr. Sawyer of Ware moved ^? n sed that, if the Convention is in session at five o'clock P.M., the season 8 President declare a recess until seven o'clock P.M. After debate Mr. Brackett of Arlington moved that the mo- tion be amended by the substitution of the following: That, when the Convention adjourns to-day, it adjourn to meet to- morrow at ten o'clock A.M. The amendment was adopted; and the motion of Mr. Sawyer, as thus amended, was adopted. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to provide for establishing the popular initia- initiative and tive and referendum (Doc. No. 369), being the unfinished busi- ref erendum. ness of the last session, was considered further, the main question being on passing it to be engrossed. The question first came on the following pending amendment, Mr. Washbum, moved by Mr. Washburn of Middleborough: That the resolu- ~ amendment - tion recommended as a substitute by the committee on Form and Phraseology (printed in Doc. No. 370) be amended by striking out, in lines 93 and 94, the words "twenty-five thousand quali- fied voters", and inserting in place thereof the words "five per cent of the qualified voters, calculated upon the whole number of votes cast for governor at the last preceding election". After debate, Mr. Webster of Waltham being in the chair, the sense of the Convention was taken by yeas and nays, at the request of Mr. Hale of Boston; and on the roll call 109 members voted in the affirmative and 136 in the negative, as follows: 558 JOURNAL OF THE CONVENTION, YEAS. Messrs. Adams, Brooks Adams, Charles Francis Adams, Scott Bailey, Charles O. Ballantyne, John Bangs, Francis R. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Besse, Harold A. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Costello, Francis M. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Curtis, Edwin U. Curtiss, Elmer L. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Feiker, William H. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Gates, Joseph S. Gaylord, Henry E. Giddings, Charles Gleason, Nesbit G. Messrs. Greenwood, Hamlet S. Hall, Elisha S. Hall, Isaac Freeman Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Kelley, George W. Kinney, William S. Lane, Daniel W. Langelier, Louis F. R. Logan, James Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. MacMaster, Edward A. McAnarney, John W. Merriam, John M. Mitchell, Charles Montague, David T. Morton, James M. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Putnam, Harry B. Richardson, Edward A. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Williams, Fred Homer Wing, Herbert Wood, Charles J. NAYS. Messrs. Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Messrs. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. MONDAY, NOVEMBER 26, 1917. 559 Boucher, Joseph Zoe'l Bowen, Patrick Boynton, Thomas J. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bruce, Charles Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Curtis, Arthur B. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Graumann, John Green, Thomas H. Haines, Benjamin F. Hale, Edward R. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Hawley, Truman R. Hoitt, Augustus J. Horgan, Francis J. Jones, George R. Keliher, John A. Kelley, Thomas R. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Leonard, Joseph J. Lomasney, Martin M. Messrs. Loring, Augustus P. Love, Joseph A. Lynch, John C. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Talbot, Harry R. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Winslow, Guy M. Wonson, Carlton W. 109 yeas; 136 nays. Therefore the amendment was rejected. 560 JOURNAL OF THE CONVENTION, Mr. Lummus, amendment. Quorum. The question then came on the following pending amendment, moved by Mr. Lummus of Lynn: That the resolution recom- mended as a substitute by the committee on Form and Phrase- ology be amended by striking out, in line 93, the word "twenty- five", and inserting in place thereof the word "forty". After debate the question was put, and 72 members voted in the affirmative and 84 in the negative. Mr. White of North Brookfield raised the point of order that a quorum was not present. A count of the Convention showed that 174 members were present. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Williams of Brookline; and on the roll call (the President having resumed the chair) 106 members voted in the affirmative and 141 in the negative, as follows: YEAS. Messrs. Adams, Scott Bailey, Charles O. Ballantyne, John Bangs, Francis R. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Besse, Harold A. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Bruce, Charles Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Crafts, Lyman A. Crosby, j. Howell Crossley, William Cyril Curtiss, Elmer L. Dale, George H. Delano, Robert T. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Feiker, William H. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Gates, Joseph S. Messrs. Gaylord, Henry E. Giddings, Charles Gleason, Nesbit G. Hale, Edward R. Hall, Elisha S. Hall, Isaac Freeman Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Lane, Daniel W. Logan, James Lowe, Arthur H. Lowell, James A. Lummus, Henry T. Lyman, Frank E. McLaud, Abner S. Merriam, John M. Michelman, Joseph Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, Herbert Parkman, Henry Peirce, Albion G. Pillsbury, Albert E. Putnam, Harry B. Richardson, Edward A. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. MONDAY, NOVEMBER 26, 1917. 561 Messrs. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Ay 1 ward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Curtis, Arthur B. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Messrs. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Williams, Fred Homer Wing, Herbert Wood, Charles J. NAYS. Messrs. Graumann, John Green, Thomas H. Greenwood, Hamlet S. Haines, Benjamin F. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Keliher, John A. Kelley, Thomas R. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Langelier, Louis F. R. Leonard, Joseph J. Lomasney, Martin M. Loring, Augustus P. Love, Joseph A. Luce, Robert Lynch, John C. Mac Master, Edward A. Maguire, James E. Mahoney, John J. Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. Merrill, George Frye Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Parker, George S. Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. 562 JOURNAL OF THE CONVENTION, Messrs. Rieutord, Louis O. Messrs. Sullivan, William H. Ross, Samuel Sullivan, William J. Sawyer, Roland D. Talbot, Harry R. Scigliano, Alfred P. Thompson, Edward Shanahan, William J. Twomey, John C. Shaw, Michael F. Walker, George Shea, John T. Walker, Joseph Sheehan, Christopher A. Walsh, David I. Sherburne, Nelson Webster, George P. Skerrett, Mark N. Whipple, Sherman L. Sparrell, Ernest H. Whitehead, James Stoeber, Charles Winslow, Guy M. Sullivan, Joseph M. Wonson, Carlton W. Sullivan, Michael A. 106 yeas; 141 nays. Therefore the amendment was rejected. The question then came on the following pending amendment, moved by Mr. Brown of Brockton: That the resolution recom- mended as a substitute by the committee on Form and Phrase- ology be amended by inserting after the word "house", in line 99, the words ", or if neither house shall call for such joint session". After debate Mr. Brown asked unanimous consent to with- draw the amendment. Objection was made. The amendment was then rejected. Mr. Sullivan, The question then came on the following pending amendment, moved by Mr. Sullivan of Lawrence: That the resolution recom- mended as a substitute by the committee on Form and Phrase- ology be amended by striking out, in lines 94 to 99, inclusive, the words "or if in case of a proposal for amendment introduced into the general court without such initiative petition, authority for which mode of introduction is hereby specifically confirmed and continued, consideration thereof in joint session is called for by vote of either house", and inserting in place thereof the words "or if such a proposal is introduced into the general court by a member thereof". There being no objection Mr. Sullivan modified his amend- ment so as to read as follows: That the resolution recommended as a substitute by the committee on Form and Phraseology be amended as follows: By inserting in line 87, after the word "introduced", the words "into the general court"; By striking out, in line 89, the word "otherwise"; By inserting in line 89, after the word "introduced", the words "by a member of either house"; and By striking out, in lines 95, 96 and 97, the words "without such initiative petition, authority for which mode of introduction is hereby specifically confirmed and continued,", and inserting in place thereof the words "by a member of either house". After debate these amendments were adopted. ^ e ( l uest ^ on tnen cam e on the following pending amendment, moved by Mr. Quincy of Boston: That the resolution recom- mended as a substitute by the committee on Form and Phrase- ology be amended by striking out, in lines 112, 113 and 114,. the MONDAY, NOVEMBER 26, 1917. 563 words "in any manner not inconsistent with its general purpose by vote of three-fourths of the members voting thereon in joint session", and inserting in place thereof the words "by vote of three-fourths of the members voting thereon in joint session, which shall be taken by yeas and nays unless dispensed with by unanimous consent". There being no' objection Mr. Quincy modified his amendment, Mr. so as to read as follows: That the resolution recommended as a substitute by the committee on Form and Phraseology be amended by striking out, in lines 111 to 114, inclusive, the words "but such amendment may be amended in any manner not in- consistent with its general purpose by vote of three-fourths of the members voting thereon in joint session", and inserting in place thereof the words "unless such amendment is amended by vote of three-fourths of the members voting thereon in joint session, which vote shall be taken by call of the yeas and nays if called for by any member". After debate this amendment was adopted. The question then came on the following pending amendment, Mr. Churchm, moved by Mr. Churchill of Amherst: That the resolution recom- ~ mended as a substitute by the committee on Form and Phrase- ology be amended by striking out, in line 124, the word "one- fourth", and inserting in place thereof the word "one-third". After debate the question was put, and 82 members voted in the affirmative and 73 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 115 members voted in the affirmative and 134 in the negative, as follows: YEAS. Messrs. Adams, Charles Francis Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Besse, Harold A. Bicknell, Wallace H. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Bruce, Charles Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Messrs. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Cook, Benjamin A. Cook, Rufus H. Coolidge, Louis A. Coombs, Zelotes W. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Curtis, Edwin U. Curtiss, Elmer L. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Feiker, William H. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Gates, Joseph S. Gay lord, Henry E. George, Samuel W. 564 JOURNAL OF THE CONVENTION, Messrs. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Isaac Freeman Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kilbon, John L. Kinney, William S. Lane, Daniel W. Langelier, Louis F. R. Logan, James Lowe, Arthur H. Lowell, James A. Lummus, Henry T. Lyman, Frank E. McAnarney, John W. McLaud, Abner S. Merriam, John M. Michelman, Joseph Mitchell, Charles Moore, Charles D. C. Morton, James M. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Messrs. Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoe'l Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Colemari, George W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Curtis, Arthur B. Messrs. Putnam, Harry B. Richardson, Edward A. Robbins, Edward J. 'Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. Williams, Fred Homer Wing, Herbert Wood, Charles J. Youngman, William S. NAYS. Messrs. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Graumann, John Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Keliher, John A. Kelley, Thomas R. MONDAY, NOVEMBER 26, 1917. 565 Messrs. Kenny, Herbert A. Kerr, Alexander Lane, Dwight F. Leonard, Joseph J. Lomasney, Martin M. Loring, Augustus P. Love, Joseph A. Luce, Robert Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. Merrill, George Frye Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Messrs. Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Talbot, Harry R. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Winslow, Guy M. Wonson, Carlton W. 115 yeas; 134 nays. Therefore the amendment was rejected. Mr. Bangs of Boston being in the chair, the question came on Mr. Bosworth, the following pending amendments, moved by Mr. Bosworth of amendments. Springfield: That the resolution recommended as a substitute by the committee on Form and Phraseology be amended by striking out, in lines 140, 162, 295 and 331, the word "thirty", and in- serting in place thereof, in each instance, the word "forty-five". Mr. McCarthy of Marlborough moved the previous question, previous After debate the question was put on the motion of Mr. question. McCarthy, and 102 members voted in the affirmative and 98 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Bates of Boston; and on the roll call (the President having resumed the chair) 139 members voted in the affirmative and 110 in the negative, as follows: YEAS. [essrs. Adams, Smith J. ' Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Messrs. Besse, Harold A. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoe'l Bowen, Patrick Boynton, Thomas J. Brennan, James H. 566 JOURNAL OF THE CONVENTION, Messrs. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Chandler, Leonard B. Chase, Mial W. Coleman, George W. Collins, Samuel I. Cook, Benjamin A. Coolidge, Louis A. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter Daly, John W. Davis, William R. Delaney, Louis F. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Feiker, William H. Finn, E. Philip Fitz-Randolph, Reginald Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Gaylord, Henry E. Glazier, Frederick P. Good, John P. Graumann, John Green, Thomas H. Hall, Isaac Freeman Harriman, Arthur N. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Keliher, John A. Kelley, Thomas R. Kerr, Alexander Lane, Dwight F. Leonard, Joseph J. Lomasney, Martin M. Loring, Augustus P. Love, Joseph A. Lynch, John C. Messrs. Adams, Scott Anderson, Frederick L. Bailey, Charles O. T. Messrs. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Moynihan, James J. Murley, Joseph J. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connor, John D. Parker, Herbert Peirce, Albion G. Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Rieutord, Louis O. Robinson, George H. Ross, Samuel Saunders, Amos T. Scigliano, Alfred P. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Smith, Jerome S. Smith, Rutherford E. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sweeney, Edward A. Sweet, Joseph L. Talbot, Harry R. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Waterman, George B. Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Wonson, Carlton W. NAYS. Messrs. Balch, Francis N. Ballantyne, John Bangs, Francis R. MONDAY, NOVEMBER 26, 1917. 567 Messrs. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Bolster, Percy G. Bos worth, Henry H. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brown, E. Gerry Bruce, Charles Buck, Maurice A. Burns, William A. . Buttrick, Allan G. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Cook, Rufus H. Coombs, Zelotes W. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Curtis, Arthur B. Curtis, Edwin U. Curtiss, Elmer L. Dale, George H. Dean, Robert A. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Ferry, James R. Fisher, Edward Gates, Joseph S. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hale, Matthew Hall, Elisha S. Harding, Clarence W. Hart, Albert Bushnell Hawley, Truman R. Messrs. Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenny, Herbert A. Kilbon, John L. Kinney, William S. Lane, Daniel W. Langelier, Louis F. R. Logan, James Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. McAnarney, John W. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morrill, Charles H. Morton, James M. Myron, John F. Parkman, Henry Pillsbury, Albert E. Putnam, Harry B. Quincy, Josiah Richardson, Edward A. Robbins, Edward J. Sawyer, Roland D. Shattuck, Josiah B. Shea, John M. Sparrell, Ernest H. Stearns, Harry N. Sullivan, Edmund G. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Walcott, Robert Washburn, Charles G. Wellman, Arthur Holbrook Wheeler, William White, John A. Williams, Fred Homer Wing, Herbert Winslow, Guy M. Wood, Charles J. Youngman, William S. 139 yeas; 110 nays. Therefore the previous question was ordered. Mr. Kinney of Boston then moved that the Convention ad- Proposed journ; and this motion was negatived. The foregoing amendments, previously moved by Mr. Bos- Mr. Bosworth, rth, were then rejected, by a vote of 78 to 114. -amendments. The question then came on the following pending amendment, Mr. Morton, moved by Mr. Morton of Fall River: That the resolution amendment, mmended as a substitute by the committeejon Form and j " mo " 568 JOURNAL OF THE CONVENTION, Mr. Morton, amendment. Phraseology be amended by adding, at the end of line 143, the words " : provided, that nothing herein contained shall be deemed to impair or to authorize the impairment of the right of the subject to life, liberty, security, property and character, the liberty of the press, and the freedom of debate in each house of the legislature, as declared in the bill of rights". The sense of the Convention was taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 113 members voted in the affirmative and 134 in the negative, as follows : YEAS. Messrs. Adams, Charles Francis Bailey, Charles O. Balch, Francis N. Bangs, Francis R. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Besse, Harold A. Bicknell, Wallace H. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Bruce, Charles Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collins, Samuel I. Cook, Benjamin A. Cook, Rufus H. Coolidge, Louis A. Coombs, Zelotes W. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Curtis, Arthur B. Curtis, Edwin U. Curtiss, Elmer L. Dale, George H. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Feiker, William H. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Messrs. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hall, Elisha S. Hall, Isaac Freeman Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Lane, Daniel W. Langelier, Louis F. R. Logan, James Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. McAnarney, John W. Merriam, John M. Michelman, Joseph Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parkman, Henry Pillsbury, Albert E. Putnam, Harry B. Richardson, Edward A. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Walcott, Robert MONDAY, NOVEMBER 26, 1917. 569 Messrs. Washburn, Albert H. Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William Messrs. Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coakley, Daniel H. Coleman, George W. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Graumann, John Green, Thomas H. Hale, Matthew Harding, Clarence W. Messrs. White, John A. Williams, Fred Homer Wing, Herbert Wood, Charles J. NAYS. Messrs. Harriman, Arthur N. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Keliher, John A. Kelley, Thomas R. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Sparrell, Ernest H. Stoeber, Charles 570 JOUKNAL OF THE CONVENTION, Messrs. Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Talbot, Harry R. Thompson, Edward Twomey, John C. Walker, George Messrs. Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Winslow, Guy M. Wonson, Carlton W. 113 yeas; 134 nays. Mr. Washburn, amendment. Therefore the amendment was rejected. The question then came on the following pending amendment, moved by Mr. Washburn of Middleborough : That the resolution recommended as a substitute by the committee on Form and Phraseology be amended by striking out, in line 146, the words "twenty thousand qualified voters", and inserting in place thereof the words "four per cent of the qualified voters, calculated upon the whole number of votes cast for governor at the last preceding election", and 89 members voted in the affirmative and 103 in the negative. The sense of the convention was then taken by yeas and nays, at the request of Mr. Churchill of Amherst; and on the roll call 101 members voted in the affirmative and 138 in the negative, as follows : YEAS. Messrs. Adams, Charles Francis Adams, Scott Bailey, Charles O. Balch, Francis N. Bangs, Francis R. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Besse, Harold A. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collins, Samuel I. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Curtiss, Elmer L. Messrs. Dale, George H. Davis, William R. Delano, Robert T. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Feiker, William H. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hall, Elisha S. Hall, Isaac Freeman Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Kelley, George W. Kenefick, Thomas W. Lane, Daniel W. Langelier, Louis F. R. Loruig, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. McAnarney, John W. Merriam, John M. MitcheU, Charles Montague, David T. Moore, Charles D. C. MONDAY, NOVEMBER 26, 1917. 571 Messrs. Morton, James M. Parkman, Henry Pillsbury, Albert E. Putnam, Harry B. Richardson, Edward A. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Messrs. Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. ' Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoe'l Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bruce, Charles Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coakley, Daniel H. Coleman, George W. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Curtis, Arthur B. Daley, Peter Daly, John W. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Messrs. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. ' Williams, Fred Homer Wing, Herbert Wood, Charles J. NAYS. Messrs. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Gates, Joseph S. Glazier, Frederick P. Good, John P. Graumann, John Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Keliher, John A. Kelley, Thomas R. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. 572 JOURNAL OF THE CONVENTION, Messrs. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shaw, Michael F. Messrs. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Talbot, Harry R. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, George P. Whipple, Sherman L. Whitehead, James Winslow, Guy M. Wonson, Carlton W. Mr. Washburn, amendment. 101 yeas; 138 nays. Therefore the amendment was rejected. The question then came on the following pending amendment, moved by Mr. Washburn of Middleborough: That the resolu- tion recommended as a substitute by the committee on Form and Phraseology be amended by striking out, in lines 155 and 156, the words "five thousand signatures of qualified voters", and inserting in place thereof the words " one per cent of the qualified voters, calculated upon the whole number of votes cast for governor at the last preceding election", and 86 members voted in the affirmative and 114 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Lummus of Lynn; and on the roll call 95 members voted in the affirmative and 135 in the negative, as follows : YEAS. Messrs. Adams, Charles Francis Adams, Scott Bailey, Charles O. Balch, Francis N. Bangs, Francis R. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Besse, Harold A. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Messrs. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Collins, Samuel I. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Crafts, Lyman A. Crosby, J. Ho well Crossley, William Cyril Curtis, Edwin U. Dale, George H. Davis, William R. Delano, Robert T. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Feiker, William H. Ferry, James R. Fitz-Randolph, Reginald T. Gay lord, Henry E. George, Samuel W. Giddings, Charles MONDAY, NOVEMBER 26, 1917. 573 Messrs. Gleason, Nesbit G. Greenwood, Hamlet S. Hall, Elisha S. Hall, Isaac Freeman Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Lane, Daniel W. Langelier, Louis F. R. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parkman, Henry Pillsbury, Albert E. Messrs. Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bruce, Charles Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coakley, Daniel H. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Curtis, Arthur B. Daley, Peter Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Messrs. Putnam, Harry B. Richardson, Edward A. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William Williams, Fred Homer Wing, Herbert Wood, Charles J. Youngman, William S. NAYS. Messrs. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Gates, Joseph S. Glazier, Frederick P. Good, John P. Graumann, John Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Jones, George R. Keliher, John A. Kelley, Thomas R. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. 574 JOURNAL OF THE CONVENTION, MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Merrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. PeUetier, Joseph C. Messrs. Perry, Augustus W. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Reidy, Michael J. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, George P. Whipple, Sherman L. Whitehead, James Winslow, Guy M. 95 yeas; 135 nays. Therefore the amendment was rejected. Adjournment. Mr. Loring of Beverly then moved that the Convention ad- journ; and this motion prevailed. Accordingly, at three minutes before five o'clock, the Conven- tion adjourned, to meet to-morrow at ten o'clock A.M. TUESDAY, NOVEMBER 27, 1917. 575 TUESDAY, November 27, 1917. Met according to adjournment, at ten o'clock A.M. Prayer was offered by Rev. Louis A. Walker of Middleborough. Leave of Absence. On motion of Mr. Crosby of Arlington, Ordered, That Mr. French of Randolph be excused for his Asa P. French. absence from the session of Monday, November 26, because of an important business engagement outside the Commonwealth. On motion of Mr. Curtis of Revere, Ordered, That Mr. Hall of North Adams be granted leave of gf Freeman absence, under Rule 13, because of illness in his family. Care of Property of the Delegates. The consideration of the following order, offered by Mr. Ser g eant-at- Leonard of Boston, was postponed until the next session, at the cVreof" request of that member: the P ddn ortS?ofSie ^ T ' Wonson of Gloucester, for the committee on Contingent state House. Expenses and Pay-Roll, to whom was recommitted (on Novem- ber 14) the order providing extra compensation for porters of the State House, with certain proposed amendments relative to compensation for the watchmen and scrubwomen, reported recommending the adoption of the following order: Ordered, That the sum of fifty dollars be paid to each porter that the Sergeant-at-Arms shall certify has been in attendance in and about the chamber, rooms and corridors occupied by the members of the Convention and in the employ of the Common- wealth, as extra compensation for additional work performed. The report was read; and the order was considered forthwith. Mr. Underhill of Somerville moved that the order be amended by inserting after the word " porter" the words " and each watchman". Mr. Twomey of Lawrence moved that the amendment be amended by adding after the word "watchman" the words "and each scrubwoman". Mr. George of Haverhill moved that further consideration of the order be postponed until the next session; and this motion prevailed. Compensation for the State House Matron. Mr. Wonson of Gloucester, for the committee on Contingent Expenses and Pay-Roll, who were instructed (by an order offered by Mr. George of Haverhill and adopted on November 7) to consider the expedience of providing compensation for the matron of the State House, reported that no action is necessary at this time. The report was read; and it was considered forthwith. Mr. George of Haverhill then moved that the further con- sideration of the report be postponed until the next session; and this motion prevailed. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to provide for establishing the popular initia- tive and referendum (Doc. No. 369), being the unfinished busi- ness of the last session, was considered further, the main question being on passing it to be engrossed. The question first came on the following pending amendment, moved by Mr. Sawyer of Ware: That the resolution recom- mended as a substitute by the committee on Form and Phrase- ology (printed in Doc. No. 370) be amended by striking out, in line 155, the word "August", and inserting in place thereof the word "September". compensation. Initiative and referendum. Mr. Sawyer, amendment. TUESDAY, NOVEMBER 27, 1917. 577 Mr. Sawyer asked unanimous consent to modify the amend- ment by including a like amendment in line 187. Objection was made. The amendment was then rejected. The question then came on the following pending amendment. Mr. Knotts, i i/r -T7- n MI rrn i amendment. moved by Mr. .Knotts or bomerville: Inat the resolution' recom- mended as a substitute by the committee on Form and Phrase- ology be amended by adding, after line 249, the following paragraphs: "Every signature to a referendum petition shall be affixed in the presence of the clerk of the city or town in which the signer is a registered voter, or one of his assistants, or in the presence of such other city or town official as may be designated by law, except as herein otherwise provided. " Any such voter may, by a paper in his own handwriting, signed by him, and attested by a witness, express his desire to become a signer of such petition, and such paper, when received by such clerk or official, shall amount to a signature to such petition. Such clerk or official shall put the name of such voter upon such petition, and shall transmit such paper with the petition as hereinafter provided. "The petition or part thereof, with signatures thereon, shall remain in the custody of such clerk or official until the time for signing shall expire; and at such expiration such clerk or official shall transmit it to the secretary of the commonwealth." Mr. Lummus of Lynn asked unanimous consent to move an amendment of the amendment. Objection was made. The amendment was then rejected, by a vote of 51 to 97. The question then came on the following pending amend- Mr. O'Conneii, ments, moved by Mr. O'Conneii of Boston: That the resolution ~ recommended as a substitute by the committee on Form and Phraseology be amended by striking out, in lines 15 to 18, inclusive, the words "or to the appointment, qualification, tenure, removal, recall or compensation of judges; or to the reversal of a judicial decision; or to the powers, creation or abolition of courts;"; and by striking out, in lines 251 to 254, inclusive, the words "or to the appointment, qualification, tenure, removal or compensation of judges; or to the powers, creation or abolition of courts,". The sense of the Convention was taken by yeas and nays, at the request of Mr. O'Conneii; and on the roll call 98 members voted in the affirmative and 159 in the negative, as follows: YEAS. Messrs. Adams, Smith J. Messrs. Brennan, James H. Aylward, James F. Brennan, James J. I Barrett, James T. Broderick, Patrick S. Batchelder, Albert W. Brown, E L Gerry -Batchelder, Albert W . .Brown, &. uerry Bauer, Ralph S. Bullock, William J. Bigney, Robert E. Burrell, Fred J. Bolster, Percy G. Butler, A. Webster Boucher, Joseph Zoel Callahan, Timothy F. Bowen, Patrick Carr, Edward Boynton, Thomas J. Coleman, George W. 5.78 JOURNAL OF THE CONVENTION, Messrs. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Crosby, J. Howell Daley, Peter Dean, Robert A. Delaney, Louis F. Doe, Orestes T. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flynn, Maurice R. George, Samuel W. Good, John P. Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kelley, Thomas R. Kilbon, John L. Lane, Dwight F. Lomasney, Martin M. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Messrs. Adams, Charles Francis Adams, Scott Anderson, Frederick L. Avery, Nathan P. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Begley, John S. Bennett, Frank P. Besse, Harold A. Blackmur, Paul R. Bodfish, John D. W. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brine, Henry C. Messrs. McKeon, Francis P. Merrill, George Frye Mitchell, John Moran, William Moriarty, James T. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Ray, Herbert L. Ross, Samuel Sawyer, Roland D. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Stoeber, Charles Sullivan, William H. Swig, Louis Theller, Ralph L. Thompson, Edward Twomey, John C. Underbill, Charles L. Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Whitehead, James Whittier, Eugene P. Winslow, Guy M. NAYS. Messrs. Brown, Samuel F. Bruce, Charles Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crossley, William Cyril Cummings, John W. Curtis, Arthur B. Curtis, Edwin U. TUESDAY, NOVEMBER 27, 1917. 579 Messrs. Dale, George H. Daly, John W. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Douglass, John J. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fitz-Randolph, Reginald T. Flye, Louis Edwin Fraser, Eugene B. French, Asa P. Garland, Francis P. Gates, Joseph S. Gay lord, Henry E. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Granfield, William J. Graumann, John Greenwood, Hamlet S. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Harrington, Patrick H. Hawley, Truman R. Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Hutchings, Henry M. Kelley, George W. Kelly, Luke. L. Kinney, William S. Lane, Daniel W. Langelier, Louis F. R. Leboeuf, Telesphore Leonard, Joseph J. Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Love, Joseph A. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Messrs. Lynch, John C. MacMaster, Edward A. McAnarney, John W. McLaud, Abner S. Merriam, John M. Michelman, Joseph Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Newhall, Arthur N. Nutting, Edward H. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Quinn, Timothy F. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Rieutord, Louis O. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Sparrell, Ernest H. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Talbot, Harry R. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. WilliamS, Fred Homer , Wilson, William H. Wing, Herbert Wonson, Carlton W. Wood, Charles J. Youngman, William S. 98 yeas; 159 nays. Therefore the amendments were rejected. The following pending amendments, moved by Mr. Morrill of Haverhill, were rejected: That the resolution recommended as a substitute by the committee on Form and Phraseology be amended by striking out, in line 277, the words "five per cent", and inserting in place thereof the words "twelve thousand"; 580 JOURNAL OF THE CONVENTION, Mr. Walker, amendments. and by striking out, in lines 278 and 279, the words "calculated upon the whole number of votes cast for governor at the last preceding election,". The question then came on the following pending amendments, moved by Mr. Walker of Brookline: That the resolution rec- ommended as a substitute by the committee on Form and Phrase- ology be amended by striking out, in line 277, the words "five per cent of the", and inserting in place thereof the words "fifteen thousand"; and by striking out, in lines 278 and 279, the words "calculated upon the whole number of votes cast for governor at the last preceding election,". The sense of the Convention was taken by yeas and nays, at the request of Mr. Walker; and on the roll call 137 members voted in the affirmative and 128 in the negative, as follows: - Messrs. Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coakley, Daniel H. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter Daly, John W. Day, Charles M. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. YEAS. Messrs. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. Graumann, John Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kelley, Thomas R. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. TUESDAY, NOVEMBER 27, 1917. 581 Messrs. McLaud, Abner S. Mitchell, John Moran, William Moriarty, James T. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Messrs. Adams, Charles Francis A very, Nathan P. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Besse, Harold A. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouv6, Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brown, Samuel F. Bruce, Charles Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Crafts, Lyman A. Crosby, J. Ho well Messrs. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Talbot, Harry R. Theller, Ralph L. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Whipple, Sherman L. Whitehead, James Wilson, William H. Winslow, Guy M. Wonson, Carlton W. NAYS. Messrs. Crossley, William Cyril Curtis, Arthur B. Curtis, Edwin U. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dresser, Frank F. Dutch, Charles Frederick Farns worth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fitz-Randolph, Reginald T. Fraser, Eugene B. French, Asa P. Gates, Joseph S. Gay lord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Kelley, George W. Kenefick, Thomas W. Lane, Daniel W. Langelier, Louis F. R. Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert 582 JOURNAL OF THE CONVENTION, Messrs. Lummus, Henry T. Lyman, Frank E. Merriam, John M. Michelman, Joseph Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, George S. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Messrs. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Swig, Louis Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Williams, Fred Homer Wing, Herbert Wood, Charles J. 137 yeas; 128 nays. Mr. Churchill, amendments. Therefore the amendments were adopted. The question then came on the following pending amend- ments, moved by Mr. Churchill of Amherst: That the resolu- tion recommended as a substitute by the committee on Form and Phraseology be amended by striking out, in line 317, the words "ten thousand ", and inserting in place thereof the words "five per cent of the"; and by inserting after the word "com- monwealth", in the same line, the words ", calculated upon the whole number of votes cast for governor at the last preceding election,", and 100 members voted in the affirmative and 89 in the negative. The sense of the Convention was then taken by yeas and nays, at the request if Mr. Walker of Brookline; and on the roll call 125 members voted in the affirmative and 143 in the negative, as follows: YEAS. Adams, Charles Francis Avery, Nathan P. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bates, Sanford Besse, Harold A. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve', Walter L. Boyden, Frank L. Messrs. Boyer, Elmer E. Brackett, John Q. A. Brown, Samuel F. Bruce, Charles Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Jr. TUESDAY, NOVEMBER 27, 1917. 583 Messrs. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Ho well Crossley, William Cyril Curtis, Arthur B. Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferry, James R. . Fitz-Randolph, Reginald T. Fraser, Eugene B. French, Asa P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Kelley, George W. Lane, Daniel W. Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Messrs. McAnarney, John W. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, George S. Parker, Herbert Parkman, Henry . Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Williams, Fred Homer Wing, Herbert Wood, Charles J. NAYS. Messrs. Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoe'l Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. . Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coakley, Daniel H. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter Daly, John W. Day, Charles M. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. 584 JOURNAL OF THE (CONVENTION, Messrs. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. Graumann, John Green, Thomas H. Hale, Edward R. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kelley, Thomas R. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Langelier, Louis F. R. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. . Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. Messrs. McLaud, Abner S. Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Wilson, William H. Winslow, Guy M. Wonson, Carlton W. 125 yeas; 143 nays. Therefore the amendments were rejected. Mr. washbum, The following pending amendment, moved by Mr. Washburn amendment. . WVl , , i i r i x- of Middleborough, was rejected: That the resolution recom- mended as a substitute by the committee on Form and Phraseol- ogy be amended by striking out, in line 317, the words "ten thousand qualified voters of the commonwealth", and inserting in place thereof the words "two per cent of the qualified voters of the commonwealth, calculated upon the whole number of votes cast for governor at the last preceding election,". TUESDAY/NOVEMBER 27, 1917. 585 The following pending amendment, moved by Mr. Ross of New Bedford, was rejected, by a vote of 44 to 99: That the resolution recommended as a substitute by the committee on Form and Phraseology be amended by striking out lines 333 to 349, inclusive, and inserting in place thereof the following para- graph: "In carrying out the provisions of this article the secretary of the commonwealth and all other public officers shall be guided, where other provision is not specified herein, by the laws relat- ing to elections, in so far as applicable, and any initiative or referendum petition coming within the provisions hereof shall be signed and certified as to signatures in the manner provided by law relative to nomination papers of candidates for the general court. And the penalties for forgery or fraud provided in the laws relative to elections shall apply with equal force to initia- tive or referendum petitions herein specified." The question then came on the following pending amendment, Mr. Curtis, moved by Mr. Curtis of Revere: That the resolution recom- a] mended as a substitute by the committee on Form and Phrase- ology be amended by striking out, in line 350, the word "one- fourth", and inserting in place thereof the word "one-eighth", and 105 members voted in the affirmative and 102 in the nega- tive. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 132 members voted in the affirmative and 140 in the negative, as follows: YEAS. Messrs. Adams, Brooks Adams, Charles Francis Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bennett, Frank P. Benton, Everett C. Besse, Harold A. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brown, Samuel F. Bruce, Charles Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. . Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Curtis, Arthur B. Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Douglass, John J. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fitz-Randolph, Reginald T. 586 JOURNAL OF THE CONVENTION, Messrs. Fraser, Eugene B. French, Asa P. Gates, Joseph S. Gay lord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hutchings, Henry M. Kelley, George W. Kilbon, John L. Lane, Daniel W. Langelier, Louis F. R. Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Merriam, John M. Michelman, Joseph Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Messrs. Adams, Smith J. Anderson, Frederick L. A very, Nathan P. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Bergengren, Roy F. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry BuUock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coakley, Daniel H. Coleman, George W. Messrs. Parker, George S. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Turner, Joseph Underfill!, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Wheeler, William - White, John A. Whittier, Eugene P. Williams, Fred Homer Whig, Herbert Wonson, Carlton W. Wood, Charles J. Youngman, William S. NAYS. Messrs. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter Daly, John W. Day, Charles M. Dean, Robert A. Delaney, Louis F. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Garland, Francis P. Gartland, John J. Glazier, Frederick P. Good, John P. Granfield, William J. TUESDAY, NOVEMBER 27, 1917. Messrs. Graumann, John . Green, Thomas H. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hawley, Truman R. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kelley, Thomas R. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Lane, D wight F. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abher S. Merrill, George Fry e Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Messrs. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Wilson, William H. Winslbw, Guy M. 132 yeas; 140 nays. amendment. Therefore the amendment was rejected. The following pending amendment, moved by Mr. Morrill of Mr- Haverhill, was rejected, by a vote of 18 to 80: That the resolu- tion recommended as a substitute by the committee on Form and Phraseology be amended by striking out lines 350, 351 and 352, and inserting in place thereof the following paragraph: " Not more than fifty per cent of the certified signatures on any petition shall be those of registered voters of the city of Boston or of any one county." The following pending amendments, moved by Mr. Washburn Mr.Washbum, of Middleborough, were adopted, by a vote of 131 to 3: That -amendments, the resolution recommended as a substitute by the committee on Form and Phraseology be amended by inserting, at the beginning of line 360, the words "Except as otherwise herein provided,"; and by inserting, at the beginning of line 366, the words "Ex- cept as otherwise herein provided,". 588 JOURNAL OF THE CONVENTION, pending amendments, moved by Mr. Lyman of Easthampton, were rejected, by a vote of 73 to 89: That the resolution recommended as a substitute by the committee on Form and Phraseology be amended by striking out, in line 365, and in lines 369 and 370, the word "approved", and inserting in place thereof, in each instance, the word "rejected". There being no objection Mr. Harriman of New Bedford with- drew his pending amendment of lines 383 to 388, inclusive. The following pending amendment, moved by Mr. Morrill of Haverhill, was then rejected: That the resolution recommended as a substitute by the committee on Form and Phraseology be amended by striking out lines 385 to 388, inclusive, and inserting in place thereof the following paragraph: - "The general court may amend or repeal a law approved by the voters: provided, that such amendment or repeal shall be sub- mitted by the secretary of the commonwealth to the voters and shall not go into effect until and unless approved by a majority of the voters voting thereon." Mr. Harriman, The following pending amendments, moved by Mr. Harriman amendments. & f f * of New Bedford, were rejected: That the resolution recom- mended as a substitute by the committee on Form and Phraseol- ogy be amended by striking out, in line 393, the words "and Article XLII"; and by striking out, in line 394, the word "are", and inserting in place thereof the word "is". Mr. Quincy, The question then came on the following pending amend- amendments. . , _ _ _ . _, .^ , , . ments, moved by Mr. Quincy of Boston: That the resolution proposed as a substitute by the committee on Form and Phraseol- ogy be amended as follows: By inserting after line 59 the following paragraphs : - "The signatures to initiative petitions hereby required, with the exception of the first ten signers, shall be made and filed as follows: The secretary of the commonwealth shall print in- dividual signature cards upon which any registered voter re- ceiving the same as herein provided may personally make his signature, followed by his address as it appears upon the voting list, in favor of any initiative petition which he desires to sup- port. Each such card shall identify by number or otherwise the initiative petition for which the signature is to be given, shall bear the seal of the commonwealth printed thereon, or other identifying mark, and shall be used only for official transmission by mail as herein provided. Any registered voter may sign one such signature card in favor of each initiative petition which he desires to support, but each signature card shall only be signed by one voter and for one petition. "The secretary of the commonwealth shall procure and keep on file the latest printed copies of the voting lists of all cities and towns, and he shall, at the request of any original signer of an initiative petition duly filed, cause one of such signature cards to be mailed to any list or lists of voters which may from time to time be specified or furnished by any such signer, provided that all expenses connected with such mailing, other than the expense of printing such signature cards and such initiative measure, shall be deposited in advance. A copy of the full text I TUESDAY, NOVEMBER 27, 1917. 589 of such initiative measure shall be printed by the secretary of the commonwealth and enclosed with each signature card, together with any printed argument in support of the same, and any addressed return envelopes which may be furnished him for mailing therewith. Provision shall be made by law to regulate the length of any such argument and for allowing opponents of such initiative measure an opportunity, by depositing one- half of the expense of mailing as aforesaid, exclusive of the expense of furnishing such addressed return envelopes, to have printed arguments in opposition to such measure enclosed with such signature cards. Instead of mailing such cards the secretary of the commonwealth shall, at the request of any such original signer, furnish and send to any clerk of a city or town a suffi- cient number of signature cards for the registered voters of such city or town, and such clerk shall, upon the deposit of the ex- penses aforesaid, thereupon have the same duty in respect to the mailing of such signature cards and other printed matter as herein provided in respect to said secretary. "As an additional method of giving his signature and support Mr. Quincy, to any initiative petition, any registered voter may express in his own handwriting upon a paper or card personally signed by him, with his address as aforesaid, and bearing the signature and address of a witness, his desire to sign in favor of any one initia- tive petition designated therein by number or other sufficient description, and such paper or card when received by the clerk of the city or town in which such voter is registered as a voter' shall constitute a signature to such petition; and any such voter may sign one such paper or card in favor of each initiative peti- tion which he desires to support. "In addition to the two methods of signing initiative petitions above provided, any registered voter may give his signature therefor in the presence of the clerk of the city or town in which he is a registered voter, or of any assistant in his office, and the secretary of the commonwealth shall furnish to every city or town clerk an official blank for such signatures. "Any such official signature card or unofficial paper or card when executed as herein provided may be delivered by mail or otherwise either to the secretary of the commonwealth or to the clerk of the city or town in which the signer of the same is a registered voter, and when so received shall be open for public inspection. If the name and residence signed to any such card or paper corresponds to the name and residence of a registered voter, and if such card or paper appears to be executed as herein required, the same shall be placed on file, otherwise it shall be rejected. If the officer with whom such card or paper is filed believes, from evidence offered to him, that there is substantial reason to doubt the genuineness of the signature to any such card or paper he may reject the same, unless satisfac- tory evidence to establish such genuineness is furnished. The name of each signer of any such card or paper or blank shall be checked on the voting list, so that the same voter shall not be counted more than once in support of any one petition. " When the time for filing signatures as fixed herein shall expire ch city or town clerk with whom any such official signature 590 JOURNAL OF THE CONVENTION, cards or any such unofficial papers or cards have been filed, or who has in his office any of the petition blanks furnished as aforesaid with signatures of voters thereon, shall transmit all of the same to the 'secretary of the commonwealth, who shall pro- ceed to examine the same and count all signatures which appear to be in conformity herewith, and if the number of such signa- tures to any petition, together with the number of signatures thereto filed directly with the secretary of the commonwealth, equals the number of signatures required to complete such peti- tion as herein provided, then such petition shall be transmitted to the general court or submitted to the people, as the case may be, as hereinafter provided."; Mr. Quincy, By inserting in line 48, after the word "shall", the words amendments. (( , i .... , . 1 n ,, give the petition a number and shall ; "By striking out, in lines 60, 61 and 62, the words "If an ini- tiative petition, signed by the required number of qualified voters, has been filed as aforesaid", and inserting in place thereof the words "If the required number of signatures to an initiative petition has been filed with the secretary of the commonwealth as herein provided"; By striking out lines 152 to 158, inclusive, and inserting in place thereof the words "is completed by filing after the first Wednesday in June aforesaid, and before the first Wednesday of the following August, not less than five thousand signatures of qualified voters, in addition to those filed before the introduc- tion of such initiative petition, which signatures must have been obtained after the first* Wednesday of June aforesaid, then"; and By striking out lines 184 to 190, inclusive, and inserting in place thereof the words "by filing after the first Wednesday in June aforesaid, and before the first Wednesday of the fol- lowing August, not less than five thousand signatures of quali- fied voters, in addition to those filed before the introduction of such initiative petition, which signatures must have been obtained after the first Wednesday of June aforesaid, then the ". Mr. Churchill of Amherst asked unanimous consent to move to amend the amendments by striking out the words "paper or" and "or paper ", wherever they occur. Objection was made. Mr. Richardson of Newton moved that the amendment be divided, so that the third paragraph of the first amendment might be put separately; and this motion was negatived, by a vote of 66 to 103. Mr. Quincy then asked unanimous consent to move to amend the amendment by striking out the words "paper or" and "or paper", wherever they occur. Objection was made. The question was then put on the adoption of the amendments, and 80 members voted in the affirmative and 118 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Hale of Boston; and on the roll call 76 members voted in the affirmative and 196 in the negative, as follows : TUESDAY, NOVEMBER 27, 1917. 591 YEAS. Messrs. Anderson, Frederick L. Avery, Nathan P. Barrett, James T. Bates, Sanford Bauer, Ralph S. Bergengren, Roy F. Boucher, Joseph Zoel Boynton, Thomas J. Brine, Henry C. Brown, E. Gerry Clark, Ezra W. Coughlan, William J. Creamer, Walter H. Cummings, John W. Daley, Peter Daly, John W. Delaney, Louis F. Dellinger, Raymond P. Donnelly, James P. Donoghue, John A. Dresser, Frank F. Driscoll, Dennis D. Flye, Louis Edwin Fraser, Eugene B. Garland, Francis P. Gates, Joseph S. Glazier, Frederick P. Good, John P. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Hoitt, Augustus J. Johnson, Charles R. Kenny, Herbert A. Kilbon, John L. Lowell, James A. Luce, Robert Lummus, Henry T. Messrs. MacMaster, Edward A. Mansfield, John J. McCarthy, Charles F. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merriam, John M. Merrill, George Frye Moran, William Moriarty, James T. Merrill, Charles H. Moynihan, James J. Newton, H. Huestis O'Connor, John D. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Rieutord, Louis O. Ross, Samuel Shanahan, William J. Shaw, Michael F. Shea, John T. Sherburne, Nelson Smith, Rutherford E. Sullivan, William H. Swig, Louis TheUer, Ralph L. Thompson, Edward Twomey, John C. Walcott, Robert Walker, George Walker, Joseph Washburn, Albert H. Webster, Francis E. Whitehead, James Willett, George Franklin Winslow, Guy M. NAYS. Messrs Adams, Brooks Adams, Charles Francis Adams, Scott Adams, Smith J. Aylward, James F. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Begley, John S. Bennett, Frank P. Benton, Everett C. Besse, Harold A. Bigney, Robert E. Blackmur, Paul R. Bodfish, John D. W. Bolster, Percy G. Bouve, Walter L. Messrs. Bowen, Patrick Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brennan, James H. Brennan, James J. Broderick, Patrick S. Brown, Samuel F. Bruce, Charles Buck, Maurice A. Bullock, William J. Burns, William A. Burrell, Fred J. Butler, A. Webster Buttrick, Allan G. Callahan, Timothy F. Carr, Edward Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. 592 JOURNAL OF THE CONVENTION, Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Coleman, George W. Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Cox, Guy W. Crafts, Lyman A. Creed, James F. Crosby, J. Howell Crossley, William Cyril Curtis, Arthur B. Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, William R. Day, Charles M. Dean, Robert A. Delano, Robert T. Derbyshire, James H. Doe, Orestes T. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Timothy J. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Finn, E. Philip Fisher, Edward Fitz-Randolph, Reginald T. Flaherty, William Flynn, Maurice R. French, Asa P. Frost, Archie N. Gartland, John J. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Granfield, William J. Graumann, John Green, Thomas H. Greenwood, Hamlet S. Haines, Benjamin F. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hamilton, Andrew Foster Harrington, Patrick H. Hawley, Truman R. Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Horgan, Francis J. Hutchings, Henry M. Keliher, John A. Messrs. Kelley, George W. Kelley, Thomas R. Kelly, Luke L. . Kerr, Alexander Lane, Daniel W. Lane, Dwight F. Langelier, Louis F. R. Leboeuf, Telesphore Leonard, Joseph J. Linke, Fred R. Logan, James Lomasney, Martin M. Look, William J. Loring, Augustus P. Love, Joseph A. Lowe, Arthur H. Lyman, Frank E. Lynch, John C. Maguire, James E. Mahoney, John J. Mancovitz, David Martin, Martin L. McAnarney, John W. McCormack, John W. Michelman, Joseph Mitchell, Charles Mitchell, John Montague, David T. Morton, James M. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. Parker, George S. Parker, Herbert Parkman, Henry Peirce, Albion G. Pillsbury, Albert E. Putnam, Harry B. Ray, Herbert L. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Sawyer, Roland D. Scigliano, Alfred P. Shattuck, Josiah B. Shea, John M. Sheehan, Christopher A. Smith, Jerome S. Sparrell, Ernest H. Stearns, Harry N. Stoeber, Charles Sullivan, Edmund G. Sullivan, Joseph M. Sullivan, William J. Sweeney, Edward A. Sweet, Joseph L. Talbot, Harry R. Tatman, Charles T. TUESDAY, NOVEMBER 27, 1917. 593 Messrs. Thompson, Hubert C. Thompson, John L. Trefry, William D. T. Turner, Joseph Underhill, Charles L. Washburn, Charles G. Waterman, George B. Webster, George P. Wellman, Arthur Holbrook Messrs. Wheeler, William Whipple, Sherman L. Whittier, Eugene P. Williams, Fred Homer Wilson, William H. Wing, Herbert Wonson, Carlton W. Wood, Charles J. Youngman, William S. 76 yeas; 196 nays. Therefore the amendments were rejected. There being no objection Mr. Quincy then withdrew his pend- ing amendment of lines 168 to 192, inclusive. The question then came on the following pending amendment, moved by Mr. Pillsbury of Wellesley: That the resolution rec- ommended as a substitute by the committee on Form and Phrase- ology be amended by the substitution of the following: "Resolu- tion to provide for establishing the popular initiative and refer- endum. "The legislature shall provide for the enactment and repeal of statutes by the method known as the popular initiative and refer- endum, under such conditions and forms of procedure as it may prescribe." And 106 members voted in the affirmative and 123 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Churchill of Amherst; and on the roll call 123 members voted in the affirmative and 156 in the negative, as follows: YEAS. Messrs. Adams, Charles Francis Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Benton, Everett C. Besse, Harold A. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve', Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brown, Samuel F. Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Messrs. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Curtis, Arthur B. Curtis, Edwin U. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward 594 JOURNAL OF THE CONVENTION, Messrs. Fitz-Randolph, Reginald T. Fraser, Eugene B. French, Asa P. Gay lord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Howard, Charles P. Hutchings, Henry M. Kelley, George W. Lane, Daniel W. Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, George S. Parker, Herbert Parkman, Henry Messrs. Adams, Brooks Adams, Smith J. ^ Anderson, Frederick L. Avery, Nathan P. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoe'l Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coakley, Daniel H. Coleman, George W. . Pillsbury, Albert E. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wing, Herbert Wood, Charles J. NAYS. Messrs. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Daley, Peter Daly, John W. Day, Charles M. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P, Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Frost, Archie N. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Gates, Joseph S. TUESDAY, NOVEMBER 27, 1917. 595 Messrs. Glazier, Frederick P. Good, John P. Granfield, William J. Graumann, John Green, Thomas H. Haines, Benjamin F. Hale. Matthew Hall, Frederick S. Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Jones, George R. Keliher, John A. Kelley, Thomas R. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Lane, Dwight F. Langelier, Louis F. R. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. Mac Master, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Messrs. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, William H. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Wilson, William H. Winslow, Guy M. Wonson, Carlton W. 123 yeas; 156 nays. Therefore the amendment was rejected. Mr. Hale of Boston then moved that the Convention continue Proposed in session until the remaining substitutes for the resolution rec- reces3> ommended by the committee on Form and Phraseology, and said resolution, are voted on, and then take a recess, pending the report of said committee, until half-past three o'clock; and this motion, after debate, was adopted, by a vote of 176 to 20. The question then came on the following pending amendment, Mr. Brown, moved by Mr. Brown of Brockton: That the resolution recom- amendment - mended as a substitute by the committee on Form and Phrase- logy be amended by the substitution of the following: "Reso- 596 JOURNAL OF THE CONVENTION, Mr. Brown, amendment. lution to provide for establishing the popular initiative and refer- endum. "The legislature shall, by statute law, at the session follow- ing the acceptance of this amendment, and thereafter as occa- sion may require, make provisions whereby the people may exercise the rights reserved to and by and for the people in the bill of rights, especially articles V, VII, VIII and XIX, including the right to initiate and control legislation as hereinafter re- quired, and to revise, amend or otherwise alter the acts of its servants committed or to be committed iri the exercise of the functions or powers heretofore delegated or that may hereafter be delegated by the people. Such statute shall also make pro- vision as to the number of signatures required, the form and conditions under which they shall be obtained and presented for a demand for legislative action upon any proposal thus sub- mitted; and provision by law shall also be made whereby legis- lative acts may be submitted for review by the people by direct action at the polls, exercising their powers herein and otherwise reserved." And 111 members voted in the affirmative and 120 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Buttrick of Lancaster; and on the roll call 113 members voted in the affirmative and 149 in the negative, as follows : YEAS. Messrs. Adams, Charles Francis Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, George L. Bartlett, Horace I. Benton, Everett C. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brown, E. Gerry Brown, Samuel F. Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Messrs. Coogan, Clement F. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Ho well Crossley, William Cyril Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Doe, Orestes T. Dresser, Frank F. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Fraser, Eugene B. French, Asa P. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hall, Elisha S. Hall, Frederick S. Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Howard, Charles P. TUESDAY, NOVEMBER 27, 1917. 597 Messrs. Hutchings, Henry M. Kelley, George W. Kinney, William S. Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Merriam, John M. Mitchell, Charles Montague, David T. Morrill, Charles H. Morton, James M. Parker, George S. Parkman, Henry Pillsbury, Albert E. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Messrs. Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brine, Henry C. Broderick, Patrick S. Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Choate, Charles F., Jr. Coakley, Daniel H. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Curtis, Arthur B. Daley, Peter Daly, John W. Day, Charles M. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Derbyshire, James H. Donnelly, James P. Messrs. Robinson, George H. Shattuck, Josiah B. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William Willett, George Franklin Williams, Fred Homer Wilson, William H. Wing, Herbert Wood, Charles J. NAYS. Messrs. Donoghue, John A. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Dutch, Charles Frederick Farnsworth, Frank S. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Frost. Archie N. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Gates, Joseph S. Glazier, Frederick P. Good, John P. Granfield, William J. Graumann, John Green, Thomas H. Haines, Benjamin F. Hale, Matthew Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Jones, George R. Keliher, John A. Kelley, Thomas R. Kelly, Luke L. Kenny. Herbert A. Kerr, Alexander Kilbon, John L. 598 JOURNAL OF THE CONVENTION, Mr. Clapp, amendment. Mr. Lowe, amendment. Mr. Morrill, - amendment. Messrs. Lane, D wight F. Langelier, Louis F. R. Leboeuf , Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Messrs. Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, William H. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Twomey, John C. Walcott, Robert Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Winslow, Guy M. Wonson, Carlton W. 113 yeas; 149 nays. Therefore the amendment was rejected. The following pending amendment, moved by Mr. Clapp of Lexington, was rejected, by a vote of 71 to 111: That the resolu- tion recommended as a substitute by the committee on Form and Phraseology be amended by the substitution of a Resolution to provide for establishing the popular initiative and referendum (Doc. No. 371). The question then came on the following pending amendment, moved by Mr. Lowe of Fitchburg: That the resolution recom- mended as a substitute by the committee on Form and Phrase- ology be amended by the substitution of a Resolution to provide for establishing the popular initiative and referendum (Doc. No. 372). The same member then asked unanimous consent to move to amend his amendment by adding thereto all amendments which have been adopted by the Convention. Objection was made. The amendment was then rejected, by a vote of 76 to 126. The following pending amendment, moved by Mr. Morrill of Haverhill, was rejected, by a vote of 17 to 95: That the resolu- tion recommended as a substitute by the committee on Form and Phraseology be amended by the substitution of a Resolution to provide for establishing the initiative and referendum (Doc. No. 352). TUESDAY, NOVEMBER 27, 1917. 599 The pending amendment, recommended by the committee on Substitute Form and Phraseology, that the resolution be amended by the re substitution of a Resolution to provide for establishing the popular initiative and referendum, and of legislative initiative of specific amendments of the Constitution (printed in Doc. No. 370, changed) was adopted, as amended; and, under Rule 28 (as amended), it was referred to the committee on Form and Phraseology. At twenty-four minutes after one o'clock, in accordance with Recess, the vote previously adopted, the President declared a recess until half-past three o'clock; at which hour the Convention reassembled. Mr. Loring of Beverly, for the committee on Form and Phrase- Committee on ology, reported that, with the following changes, the resolution phraseology, would be correctly drawn : report. Striking out in the title, before the word "legislative", the word "of", and inserting in place thereof the word "the"; Inserting after the title the following paragraph: "Resolved, That it is expedient to amend the Constitution by the adoption of the sub-joined Article of Amendment. " ; Transposing the position of the paragraphs inserted by amend- ment after line 30, so that they will appear after line 27; Striking out, in lines 77, 200 and 211, the word "resolve", and inserting in place thereof, in each instance, the word "resolu- tion"; Inserting in line 130, after the word "amendment", the words "or a legislative substitute"; Inserting in line 138, after the word "or", the words "if ap- proved,"; Striking out, in line 139, the words "if approved"; Inserting in line 196, after the word "provisions", the words "contained in the measure"; Striking out, in line 206, the word "provided", and inserting in place thereof the word "provided"; Striking out the comma after the word "courts", in line 254, and after the word "commonwealth", in line 257, and inserting in place thereof, in each instance, a semicolon. Inserting in line 359, before the word "to", the words ", ex- cept as otherwise authorized herein,"; and Striking out, in lines 360 and 366, as amended, the words "Except as otherwise herein provided,". Mr. McCormack of Boston, of the same committee, submitted an additional report, and recommended a further amendment of the resolution (see Doc. No. 373) which he asked unanimous con- sent to move. Objection was made. The question then came on passing the resolution, as amended, to be engrossed, and 128 members voted in the affirmative and 112 in the negative. The sense of the Convention was then taken by yeas and nays, at the request if Mr. Walsh of Fitchburg; and on the roll call 163 members voted in the affirmative and 125 in the nega- tive, as follows: 600 JOUKNAL OF THE CONVENTION, YEAS. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Avery, Nathan P. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Begley, John S. Bennett, Frank P. Bergengren, Roy F. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bowen, Patrick Boynton, Thomas J. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bruce, Charles Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coakley, Daniel H. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Curtis, Arthur B. Daley, Peter Daly, John W. Day, Charles M. Dean, Robert A. Delaney, Louis F. Dellinger, Raymond P. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Frost, Archie N. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Gates, Joseph S. Glazier, Frederick P. Messrs. Good, John P. Granfield, William J. Graumann, John Green, Thomas H. Hale, Matthew Hamilton, Andrew Foster Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Jones, George R. Keliher, John A. Kelley, Thomas R. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Knotts, J. Franklin Lane, Dwight F. Langelier, Louis F. R. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Marshall, Daniel J. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P.' McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick TUESDAY, NOVEMBER 27, 1917. 601 Messrs. Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Messrs. Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Benton, Everett C. Besse, Harold A. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Bouve*, Walter L. Boyden, Frank L. Boyer, Elmer E. Brackett, John Q. A. Brooks, George F. Brown, Samuel F. Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Ho well Crossley, William Cyril Curtis, Edwin U. Cusick, John F. Dale, George H. Messrs. Sullivan, William J. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Twomey, John C. Walker, George Walker, Joseph Walsh, David I. Washburn, Albert H. Webster, Francis E. Webster, George P. Whipple, Sherman L. Whitehead, James Willett, George Franklin Wilson, William H. Winslow, Guy M. Wonson, Carlton W. NAYS. . Davis, Elbridge G. Davis, William R. Delano, Robert T. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Fraser, Eugene B. French, Asa P. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hibbard, Charles E. Hobbs, Clarence W., Jr. Howard, Charles P. Hutchings, Henry M. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Linke, Fred R. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Merriam, John M. Mitchell, Charles Montague, David T. Moore, Charles D. C. Morton, James M. Parker, Herbert Parkman, Henry 602 JOURNAL OF THE CONVENTION, Messrs. Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Messrs. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Williams, Fred Homer Wing, Herbert Wood, Charles J. Youngman, William S. 163 yeas; 125 nays. Therefore the resolution, as amended (see Doc. No. 373), was passed to be engrossed. Mr. Walker of Brookline moved that the Orders of the Day be laid on the table; and this motion prevailed. Manner of placing the resolution on the ballot. Filling of vacancies in the member- ship of the Convention. Mr. Dean, - amendment. Initiative and Referendum Placing on the Ballot. Mr. Walker then moved that the committee on Rules and Pro- cedure and the committee on Amendment and Codification of the Constitution, sitting jointly, be requested to report, as soon as possible, an order directing the manner in which the proposal for establishing the initiative and referendum shall be submitted to the people for their ratification and adoption at the state election in the year 1918; and this motion prevailed. Orders of the Day. On further motion of Mr. Walker the Orders of the Day were taken from the table. The report of the committees on Elections and Rules and Procedure, sitting jointly, who were requested (by an order offered by Mr. Harriman of New Bedford and adopted on November 1) to consider the advisability of making provision for the filling of vacancies in the membership of the Convention, that it is inadvisable at the present time for the Convention to take action in this matter, was considered. Mr. Dean of Fall River moved that the report be amended by the substitution of the following order: Ordered, That vacancies in the Convention, caused by the res- ignation or death of any of its members, shall be filled as fol- lows: (a) If such vacancy shall be of a member elected at large, the remaining members elected at large shall select a person to fill such vacancy. (b) If such vacancy shall be of a member elected from a con- gressional district, the remaining members from the congressional district shall select a person to fill such vacancy. TUESDAY, NOVEMBER 27, 1917. 603 (c) If such vacancy shall be of a member elected from a legis- lative district, the remaining members elected from legislative districts in the same county shall select a person to fill such vacancy; provided, however, that the member chosen shall be resident of the legislative district in which the vacancy occurs. In filling such vacancies the counties of Dukes County, Nan- tucket and Barnstable shall be treated as one county. The appointment to fill a vacancy shall be made by the mem- bers of the respective groups, or by a majority of them, and shall be in writing. Such written appointments shall become a part of the records of the Convention. Mr. George of Haverhill moved that the further consideration of the report be postponed until the next session; and this motion prevailed. The report of the committee on Rules and Procedure and the Appropriation committee on Contingent Expenses and Pay-Roll, acting jointly, Generafcourt who were requested (by a motion of Mr. Sullivan of Salem, of 1918 - amended and adopted on November 14) to inquire into the matter of securing from the General Court of 1918 a sufficient appropriation to cover the deficits already accrued at this session, and the estimated expenses of the sessions of the Convention to be held in 1918, that it is inadvisable at the present time for the Convention to take action in this matter, was considered; and after debate the report was accepted. At sixteen minutes after four o'clock, on motion of Mr. Thomp- Adjournment, son of Haverhill, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. JOURNAL OF THE CONVENTION, WEDNESDAY, November 28, 1917. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Fletcher D. Parker of New Bed- ford. President to Serve on Committees Appointed During the Recess. Mr. Brackett of Arlington offered the following order: Ordered, That the President of the Convention serve as a member and chairman of all committees appointed by him dur- ing the recess. After debate the order was adopted. Compensation of the Secretaries. On motion of Mr. Williams of Brookline, Ordered, That the Secretary and Assistant Secretary of the Convention be allowed additional compensation in the amount of fifty per cent of the sum originally provided, in considera- tion of the length of the session just closing and of the clerical work remaining to be done. Recognition of Loyalty of Citizens under Arms. The following resolutions, presented by Mr. Bailey of Newbury, were unanimously adopted : Resolved, That, as the members of the Convention now dis- charged of the labors here incumbent upon them are about to depart to their homes, they record their grateful recognition of the devoted and courageous loyalty of those of their fellow citi- zens who are under arms in the service of their country for the defense and preservation of the institutions of human liberty upon which the Constitution of our Commonwealth is founded; and be it further Resolved, That the members of the Convention pledge anew their unfaltering support in sacrifice or service to the just cause of humanity in which our nation has enlisted, and for which the gallant sons of Massachusetts have offered their lives. Care of Property of the Delegates. The following order (offered by Mr. Leonard of Boston), the consideration of which was postponed from the last session, was considered: Ordered, That the Sergeant-at-Arms be instructed to impound the manuscripts, pamphlets and other articles of personal prop- erty of the delegates, found in their desks and lockers at the close WEDNESDAY, NOVEMBER 28, 1917. 605 of the sitting of the Convention for the current year, and pre- serve the same until the reconvening of the Convention. Mr. Luce of Waltham moved that the order be amended by Mr. Luce, the substitution of the following order: Ordered, That the Sergeant-at-Arms be instructed to forward to such addresses as may be furnished by members, the manu- scripts, pamphlets and other articles of personal property of the delegates found in their desks and lockers at the close of the sitting of the Convention for the current year, or if such for- warding is not directed, to impound and preserve the same until the reconvening of the Convention. After debate Mr. Leonard accepted the amendment, there being no objection; and the order, as thus modified, was adopted. Committee on Rules and Procedure Expenses. The following order (offered by Mr. Luce of Waltham), the consideration of which was postponed from the last session, was considered: Ordered, That the committee on Rules and Procedure be Committee on authorized, during the recess of the Convention, to incur such Procedure, expenses as it may deem necessary for printing, mailing, clerical expenses. ' assistance, or other purposes connected with the work of the Convention. After debate the order was adopted. Special Committee to Consider Economic, Industrial and Military Problems. On motion of Mr. Adams of Quincy the following order (offered by that member on November 22) was taken from the table: Ordered, That this Convention appoint its President to serve Special recess during the approaching recess as chairman of a committee whose duty it shall be to consider, and to report upon to this Conven- j tion when it shall reconvene, those economic, industrial and mili- problems. tary problems which are being evolved here and elsewhere by the present war, and problems which, in their judgment, directly concern the future development of this country and this Com- monwealth; and be it further Ordered, That the chairman thereof shall appoint the othe members of said committee, who shall not exceed fifteen in number, and who shall serve without pay. After debate the order was rejected, by a vote of 58 to 122. Absence of Members Without Leave. On motion of Mr. Feiker of Northampton the following order (offered by that member on November 1) was taken from the table: Ordered, That any member of the Convention who absents Absentees himself for more than two days without leave as provided in satisfaction. 606 JOURNAL OF THE CONVENTION, Rule 13 be required to make satisfaction therefor as provided in Rule 20. There being no objection Mr. Feiker then withdrew the order. Initiative and referendum, submission to the people. Initiative and referendum, printing in final form. Initiative and Referendum Submitted to the People. The President stated that, under the vote of the Convention on October 23, providing that until adjournment the Resolution to provide for establishing the initiative and referendum shall, whenever upon the Calendar, take precedence over all other matters in the Orders of the Day, he would forthwith lay before the Convention the engrossed Resolution to provide for estab- lishing the popular initiative and referendum, and the legislative initiative of specific amendments of the Constitution (see Doc. No. 373). The Convention then voted to submit the resolution to the people. Initiative and Referendum Ordered Printed. Mr. Walker of Brookline moved that there be printed 5,000 copies of the Resolution to provide for establishing the popular initiative and referendum, and the legislative initiative of specific amendments of the Constitution (see Doc. No. 373), as passed to be submitted to the people. On motion of the same member the provisions of the order adopted on June 21, providing that all motions for printing shall be referred to the committee on Rules and Procedure, were sus- pended; and the motion to print the resolution was then adopted. (See Doc. No. 375.) Manner of placing the resolution on the ballot. Placing on the Ballot the Resolution to Provide for Establishing the Initiative and Referendum. Mr. Washburn of Middleborough, for the committee on Rules and Procedure and the committee on Amendment and Codifica- tion of the Constitution, sitting jointly, who were requested (by a vote of the Convention at the preceding session) to report an order directing the manner in which the proposal for establishing the initiative and referendum shall be submitted to the people for their ratification and adoption at the state election in the year 1918, reported recommending the adoption of the follow- ing order (see Doc. No. 374) : Ordered, That the following Article of Amendment of the Constitution of the Commonwealth, which has been made and adopted by this Convention, and which shall be numbered one, shall be submitted to the people for their ratification and adop- tion by printing the same upon the official ballots to be prepared and transmitted by the Secretary of the Commonwealth to all polling places established by law within the Commonwealth for the state election to be held on the fifth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: i WEDNESDAY, NOVEMBER 28, 1917. 607 "To vote on the following, mark a Cross X in the square at the right of Yes or No: Shall the Article of Amendment relative to the establishment of the popular initiative and referendum and the legislative initiative of specific amendments of the Constitution, submitted by the Constitutional Con- vention, be approved and ratified? " And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to' the votes returned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and deposited in the secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. Pending the question on the adoption of the order it was laid on the table, on motion of Mr. Washburn. Subsequently the order was taken from the table, on motion of the same member, and was considered further. Mr. Walker of Brookline moved that the order be amended Mr. Walker, as follows (see Doc. No. 374): By striking out, in line 1, the word "following"; By inserting after the word "Commonwealth", in line 2, the words ", to provide for establishing the popular initiative and referendum, and the legislative initiative of specific amendments of the Constitution"; and By striking out, in line 5, the word "same", and inserting in place thereof the words "following question". Mr. Underhill of Somerville moved that the order be amended Mr. Underbill, by inserting, after line 21, the full text of the Resolution to pro- ~ vide for establishing the popular initiative and referendum, and the legislative initiative of specific amendments of the Constitu- tion (printed in Doc. No. 373). After debate Mr. Balch of Boston moved that the order be Mr. Baich, amended as follows: amendments. By striking out, in line 17, the words "the popular", and in- serting in place thereof the word "an"; By inserting in line 18, after the word "referendum", the word "system"; and By striking out, in lines 18 and 19, the words "and the legis- lative initiative of specific amendments of the Constitution". After further debate the previous question was ordered, on Previous motion of Mr. Horgan of Boston. 608 JOURNAL OF THE CONVENTION, The amendments moved by Mr. Walker were then adopted; the amendments moved by Mr. Balch were rejected; and the amendment moved by Mr. Underbill was rejected, by a vote of 30 to 128. The order, as amended, was then adopted, as follows: Ordered, That the Article of Amendment of the Constitution of the Commonwealth, to provide for establishing the popular initiative and referendum, and the legislative initiative of specific amendments of the Constitution, which has been made and adopted by this Convention, and which shall be numbered one, shall be submitted to the people for their ratification and adop- tion by printing the following question upon the official ballots to be prepared and transmitted by the Secretary of the Com- monwealth to all polling places established by law within the Commonwealth for the state election to be held on the fifth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: "To vote on the following, mark a Cross X in the square at the right of Yes or No: Shall the Article of Amendment relative to the establishment of the popular initiative and referendum and the leg- islative initiative of specific amendments of the Con- stitution, submitted by the Constitutional Conven- tion, be approved and ratified? " And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to the votes re- turned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and deposited in the secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The re P or t of the committees on Elections and Rules and tion, filling Procedure, sitting jointly, who were requested (by an order offered by Mr. Harriman of New Bedford and adopted on No- vember 1) to consider the advisability of making provision for the filling of vacancies in the membership of the Convention, WEDNESDAY, NOVEMBER 28, 1917. 609 that it is inadvisable at the present time for the Convention to take action in this matter, was considered. The question first came on the following pending amendment, Mr. Dean, moved by Mr. Dean of Fall River: That the report be amended ai by the substitution of the following order: Ordered/ That vacancies in the Convention, caused by the resignation or death of any of its members, shall be filled as follows: (a) If such vacancy shall be of a member elected at large, the remaining members elected at large shall select a person to fill such vacancy. (b) If such vacancy shall be of a member elected from a con- gressional district, the remaining members from the congres- sional district shall select a person to fill such vacancy. (c) If such vacancy shall be of a member elected from a legis- lative district, the remaining members elected from legislative districts in the same county shall select a person to fill such vacancy; provided, however, that the member chosen shall be resident of the legislative district in which the vacancy occurs. In filling such vacancies the counties of Dukes County, Nan- tucket and Barnstable shall be treated as one county. The appointment to fill a vacancy shall be made by the mem- bers of the respective groups, or by a majority of them, and shall be in writing. Such written appointments shall become a part of the records of the Convention. After debate Mr. Underhill of Somerville moved the previous Pre^us question; and this motion, after further debate, was adopted. The amendment moved by Mr. Dean was then rejected; and the report was accepted. The order providing that the sum of fifty dollars be paid to Compensation each porter that the Sergeant-at-Arms shall certify has been in watchmen and attendance in and about the chamber, rooms and corridors oc- scrubwomen, cupied by the members of the Convention and in the employ of the Commonwealth, as extra compensation for additional work performed, was then considered. The pending amendment, moved by Mr. Twomey of Lawrence (that the pending amendment moved by Mr. Underhill of Somer- ville be amended by adding after the word "watchman" the words "and each scrubwoman") was adopted, by a vote of 98 to 59. The pending amendment, moved by Mr. Underhill of Somer- ville (that the order be amended by adding after the word "porter" the words "and each watchman") was adopted, as amended. The order, as amended, was then adopted as follows: Ordered, That the sum of fifty dollars be paid to each porter and each watchman and each scrubwoman that the Sergeant- at-Arms shall certify has been in attendance in and about the chamber, rooms and corridors occupied by the members of the Convention and in the employ of the Commonwealth, as extra compensation for additional work performed. The report of the committee on Contingent Expenses and Pay- Matron of the Roll, who were instructed (by an order offered by Mr. George of 610 JOURNAL OF THE CONVENTION, Mr. George, amendment. Haverhill and adopted on November 7) to consider the expedi- ency of providing compensation for the matron of the State House, that no action is necessary at this time, was con- sidered. Mr. George of Haverhill moved that the report be amended by striking out the words "no action is necessary at this time", and inserting in place thereof the words "the matron of the State House be allowed one hundred dollars for extra services on ac- count of the present session of the Convention". After debate the amendment was rejected, by a vote of 51 to 81. Mr. Mahoney of Boston then moved that the report be amended by striking out the words "no action is necessary at this time", and inserting in place thereof the words "the matron of the State House be allowed fifty dollars for extra services on account of the present session of the Convention". After debate this amendment was adopted, by a vote of 99 to 19; and the report, as amended, was accepted. Compensation of Porters, Watchmen and Scrubwomen. Mr. Wonson of Gloucester moved that the foregoing vote be reconsidered by which the Convention adopted the following order: Ordered, That the sum of fifty dollars be paid to each porter watchmen and and each watchman and each scrubwoman that the Sergeant-at- Arms shall certify has been in attendance in and about the chamber, rooms and corridors occupied by the members of the Convention and in the employ of the Commonwealth, as extra compensation for additional work performed. The same member moved that Rule 48 be suspended, in order that the motion to reconsider might be considered forthwith; and this motion was negatived. Accordingly, under the rule, the motion to reconsider was placed first in the Orders of the Day for the next session. scrubwomen. Second legislative Second Legislative Session. Mr. Lomasney of Boston moved that the Convention adjourn, to reassemble immediately for another legislative session; and this motion was adopted, by a vote of 124 to 45. Accordingly, at nine minutes after one o'clock, the Convention adjourned, to meet again immediately. Motion to adjourn. SECOND SESSION. Met according to adjournment. Proposed Adjournment. Mr. Parkman of Boston moved that the Convention adjourn, subject to the call of the President, as provided in the order adopted on October 23; and this motion was negatived, by a vote of 88 to 114. WEDNESDAY, NOVEMBER 28, 1917. 611 Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The motion of Mr. Wonson of Gloucester, that the vote be re- Compensation considered by which the Convention, at the preceding session, Watchmen and adopted the order providing that the sum of fifty dollars be paid scrubwomen. to each porter, watchman and scrubwoman that the Sergeant-at- Arms shall certify [A] has been in attendance in and about the chamber, rooms and corridors occupied by the members of the Convention and in the employ of the Commonwealth, as extra compensation for additional work performed, was considered; and after debate the motion to reconsider was adopted, by a vote of 112 to 68. After debate on the recurring question, Mr. Lomasney of Boston Mr. Lomasney, moved that the order be amended by striking out, at "A", the -amendment, word "has", and inserting in place thereof the words "as having performed extra service and as having". Mr. Sullivan of Salem moved that the order be amended by the Mr. Sullivan, substitution of the following order: amendment. Ordered, That the sum of fifty dollars be paid to such porters, watchmen and scrubwomen as the Sergeant-at-Arms shall certify to having performed extra and regular service, and as having been in attendance in and about the chamber, rooms and cor- ridors occupied by the members of the Convention, and in the employ of the Commonwealth, as compensation for additional work performed. After further debate the previous question was ordered, on motion of Mr. Chandler of Somerville. Mr. Lomasney then withdrew his pending amendment, there being no objection. The amendment moved by Mr. Sullivan was then adopted; and the order, as thus amended, was adopted. Adjournment Until 1918. Mr. Luce of Waltham moved that, under the provisions of the Adjournment order adopted on October 23, the Convention adjourn until called until 1918 - by the President or Secretary to meet not later than within ten days after the prorogation of the General Court of 1918; and this motion prevailed. Accordingly, at four minutes before two o'clock P.M., the Con- vention adjourned. SESSION OF 1918 JOURNAL OF THE CONVENTION. I WEDNESDAY, June 12, 1918. Pursuant to a call issued by the President of the Convention, under authority of an order adopted on October 23, 1917, the members of the Convention reassembled in the chamber of the House of Representatives, and were called to order at four minutes past one o'clock P.M. by the President. Prayer was offered by Rev. Francis E. Webster of Waltham, a member of the Convention. Remarks by the President. Gentlemen of the Convention: As I have to report to you on Remarks by the discharge of one or two official duties during the interim, it the Presldent - may not be inappropriate for me to do so now. In accordance with the authority conferred upon me I have called you to- gether at this time to continue the discharge of the high duties laid upon you by the people of the Commonwealth. It gives me great pleasure to meet with you again; and in making this statement I am confident I but voice the expression to which you would all give utterance, each to the other, if opportunity were offered. Our nearly six months' previous as- sociation together left no resultant ill-feeling from the heat of debate, but on the contrary bound us together with a cement of friendship that persists and will persist to the end of life. We do not gather with unbroken ranks, for two of our mem- bers, Walter F. Russell of Brockton and Dana Malone of Green- field, passed beyond the Great Divide during the previous ses- sion of the Convention; and during the interim they have been followed by J. Warren Bailey of Somerville and John Q. A. Brackett of Arlington, men known and honored in this Com- monwealth, and in respect to whose memory you will take appro- priate action. We shall also miss ten other men who are di- rectly engaged in the great war, either in the army or in the navy, in defence of their country and its principles, namely: Charles S. Bird, Jr., of Walpole, Charles P. Curtis, Jr., of oston, Theodore W. Ellis of Springfield, Charles P. Howard of ding, Daniel J. Marshall of Worcester, Daniel A. Martin of olyoke, George H. McCaffrey, Jr., of Boston, John L. Murphy of Chelsea, Augustus W. Perry of Boston, and Henry H. Wheelock of Fitchburg. There remain, therefore, but 306 active members of the Convention. Acting under your authority I appointed during the interim a special recess committee charged with the duty of making certain that the world war had revealed no constitutional problems for the consideration of our Convention that were not already before it. This committee consisted of Brooks Adams of Quincy, Robert Luce of Waltham, Albert E. Pillsbury of Wellesley, James M. Morton of Fall River, Josiah Quincy of Boston, 616 JOURNAL OF THE CONVENTION, George F. Willett of Norwood, Martin M. Lomasney of Boston, George B. Churchill of Amherst, Arthur N. Harriman of New Bedford, Albert H. Washburn of Middleborough, Robert A. Dean of Fall River, Edwin U. Curtis of Boston, and the Presi- dent of the Convention. ^ e comim ' ttee on Rules and Procedure has conferred with the chairmen of the various committees, and in accordance with an order adopted by the Convention will present to you recom- mendations for changes in the Convention rules, the adoption of which it believes will greatly facilitate the more rapid trans- action of business and thereby shorten materially the length of the session. The people through the Legislature have indicated the ex- pectation that this Convention will continue its work and promptly complete it. In our former sessions there were sub- mitted for our action a total of 308 measures. Forty-six of these have already been rejected by the Convention. Four amend- ments, involving 26 original proposals, have been passed by the Convention for submission to the people, namely: The so-called absent-voting amendment, the anti-aid amendment, the public trading amendment, and the initiative and referendum amend- ment. The first three were adopted by the people at the polls at the last state election by overwhelming votes. The last is to be submitted to the people for approval or rejection at the next state election. Out of 308 original proposals for amend- ment there have, therefore, been acted upon by the Convention a total of 72, leaving 236 matters still awaiting final action. These 236 matters are covered by 169 reports of committees now pend- ing on our docket and 22 matters remaining unreported by committees. It is believed that the most difficult portion of your labors are in the past, and that the work remaining to be done can be accomplished efficiently and quickly. There are still matters of high importance to come before you. Nothing should be done in haste, but all after mature deliberation. Nevertheless you will pardon me for venturing the suggestion that while the utmost freedom of debate should be allowed within reasonable limits, the Convention is not justified in continuing the session merely to gratify the wishes of individuals, and that alleged courtesy which would permit the debate to be continued after a full and fair discussion merely because some member or members still desired to be further heard may very easily become discourtesy to the Convention itself. I cannot agree with the statement so often made as to the right of members to be heard on any matter irrespective of the length of time that the matter has been under consideration. When it is apparent that debate has completely covered the subject and that nothing new is being added by its continuance, the Convention may well insist that a vote be taken, and not permit the valuable time of the great majority to be sacrificed to the vociferous loquacity of the few. The great war overshadows all else. Principles of govern- ment are being examined and tested as never before. The contest wages between the American idea of democracy and the WEDNESDAY, JUNE 12, 1918. 617 European idea of autocracy. It is the Twentieth Century v. the Dark Ages. Hardly a home is here represented that has not some loved one daring and offering all for his country. Our deliberations will be sobered by these conditions and their importance intensified. Massachusetts has been a discoverer and exponent of many of the so-called American ideas of govern- ment. As the result of your action may she continue to take a fit part, and when the war is over may it still be found that the principles of government that she has championed have been strong enough to weather the storm and that the rule of the people, bulwarked by constitutional limitations, advanced by a representative legislative body and enforced by a responsible executive, has not passed away but continues its beneficent influence throughout the world. Leave of Absence. On motion of Mr. Pillsbury of Wellesley, Voted, That Herbert Parker of Lancaster be granted leave of Herbert absence, under Rule 13, during the continuance of important Lancaster. court proceedings in which he is now engaged. On motion of Mr. Coombs of Worcester, Ordered, That S. Hamilton Coe of Worcester be granted leave s. Hamilton of absence, under Rule 13, until June 24, on account of recent worciter. illness. Amendment of Rules of the Convention. Mr. Pillsbury of Wellesley, for the committee on Rules and Rules of the ^ Procedure, who were instructed (by an order adopted on October amendmen^r 25, 1917) to meet during the term of adjournment to improve, revise, amend or form new rules that will tend to expedite the proceedings of the Convention, and to report immediately upon the reconvening of the Convention, reported (in print) recommend- ing that the rules of the Convention be amended as follows: By striking out Rule 18 and substituting therefor the following: Rule is. " 18. No member shall speak more than once to the prevention of others who have not spoken; nor shall any member speak on any question more than thirty minutes in all, unless the Con- vention votes an extension of his time, which shall not exceed thirty minutes." In Rule 19, by inserting after the word "Convention", the RuleiQ. words ", except, after recognition by the Chair, for the pur- pose of speaking therefrom", so as to read as follows: "19. No member shall be permitted to stand, to the interruption of another, while any member is speaking, nor to pass unnecessarily between the President and the member speaking, nor shall any member be permitted to stand in the aisles or the area in front of the President's desk during the session of the Convention, except, after recognition by the Chair, for the purpose of speak- ing therefrom, nor to stand at the Secretary's desk during a roll call." By striking out Rule 27 and substituting therefor the following: Rule 27. "27. Reports of committees, except as provided in Rule 33, shall be acted upon when received, or placed in the Orders of I 618 JOURNAL OF THE CONVENTION, the Day for the next session, at the discretion of the Chair. Upon the adoption of this rule the Committee of the Whole shall stand discharged of all matters pending on its docket, and such matters, in the same order, shall be placed in the Orders of the Day for the next session of the Convention." Rule 32. In Rule 32, by striking out the words "for the previous ques- tion or", so as to read as follows: "32. The rules of the Convention so far as applicable shall be observed in Committee of the Whole, except that one hundred members shall constitute a quorum; it cannot refer a matter to any other committee; it cannot adjourn; a motion for indefinite postponement shall not be in order; the yeas and nays shall not be called; and a mem- ber may speak more than once. The committee shall have the same powers as the Convention to enforce the attendance of members; and the Secretary and the Sergeant-at-Arms shall be the secretary and sergeant-at-arms, respectively, of the Com- mittee of the Whole." Rule 33. By substituting for Rule 33, as heretofore amended, the following: "33. If a committee reports favorably on a pro- posal to amend the Constitution, and if the proposal has been read but once, it shall go to a second reading without question; otherwise it shall be placed in the Orders of the Day for the next session, pending the question on ordering to a third reading." Rule 34. B V substituting for the heretofore superseded Rule 34 the following: "34. If a committee reports that a proposal to amend the Constitution ought not to pass, it shall be placed in the Orders of the Day for the next session, and shall then be open to amendment, pending the question on rejection. If rejection is negatived, the proposal, if it has been read but once, shall go to a second reading without question; otherwise it shall be placed in the Orders of the Day for the next session, pending the question on ordering to a third reading." Rule 37. j n R u i e 37^ by i nser ting after the word "adoption" the words ", or any motion which in the opinion of the Chair should not be considered without further notice,", so as to read as follows: "37. If any member of the Convention shall so request, any order or resolution which shall be proposed for adoption, or any motion which in the opinion of the Chair should not be considered without further notice, shall be post- poned until the next session without question." Rule 45. j n R u i e 45> by striking out the words [A] "After July 16, 191 7, until all amendments to the Constitution have been finally adopted for submission by the Convention to the people, no motion to adjourn for more than seven days at a time shall be entertained."; [B] and by inserting after the word "postpone" the words "or adjourn", so as to read as follows: "45. A motion to adjourn shall always be in order; and that motion, or a request for the yeas and nays, shall be decided without debate. On motions to lay on the table, to take from the table, to close debate at a specified time, to postpone or adjourn to a day cer- tain, to commit or recommit, and for suspension of any rule, and upon an appeal from the decision of the Chair, debate shall be limited to ten minutes, and no member shall speak more than WEDNESDAY, JUNE 12, 1918. 619 three minutes. The statement of any question of personal privilege shall be limited to five minutes." By substituting for Rules 46 and 47 the following: "46. The Rule 46. previous question shall be put in the following form: ' Shall the main question be now put?' Debate upon the main question shall be suspended until the previous question is decided. On the previous question debate shall be limited to ten minutes, and no member shall speak more than three minutes, nor more than once without leave; and all incidental questions of order, arising after a motion is made for the previous question, shall be decided without debate, except on appeal, duly seconded, and on such appeal no member shall be allowed to speak more than once without leave. If the previous question is ordered, twenty minutes shall be allowed for general debate, no member to speak more than five minutes, after which the member in charge of the measure shall have not exceeding ten minutes, and the vote shall be taken forthwith upon amendments reported by a com- mittee, upon other pending amendments, and then upon the main question." By inserting a new rule, as follows: "47. A member may Rule 47. move that the question be now put upon the pending amend- ment next in order, and if such motion prevails the member offering the amendment and the member in charge of the meas- ure shall each have not exceeding five minutes, and thereupon the vote shall be taken on the adoption of such amendment and amendments pending thereto/' By adding at the end of Rule 56 the words " ; and Rule 35 Rule 56 - shall not be suspended until the motion to suspend has been referred to and reported upon by the committee on Rules and Procedure", so as to read as follows: "56. No rule or standing order of the Convention shall be dispensed with, altered or repealed, except by vote of two-thirds of the members present; but this rule, and Rules 22, 28, 37, 42 and 48, shall not be dispensed with except by unanimous consent; and Rule 35 shall not be suspended until the motion to suspend has been referred to and reported upon by the committee on Rules and Procedure." At the request of Mr. Pillsbury the recommendations (see Doc. No. 376) were considered separately. After debate the proposed amendments of Rules 18, 19, 27, 32, 33, 34 and 37 were severally approved. Mr. Sawyer of Ware then moved that the report be amended, in the paragraph relating to Rule 45, by striking out at "A" the words "After July 16, 1917, until all amendments to the Con- stitution have been finally adopted for submission by the Con- vention to the people, no motion to adjourn for more than seven days at a time shall be entertained.", and inserting in place thereof the words "' seven days', and inserting in place thereof the words ' thirty-five days'". Mr. Pillsbury moved that the amendment be amended by strik- , ing out the word "thirty-five", and inserting in place thereof the amendment, word "forty". 620 JOUKNAL OF THE CONVENTION, Rule 45. There being no objection, Mr. Sawyer accepted this amendment as a part of his amendment. After debate the amendment moved by Mr. Sawyer, as modi- fied, was rejected, by a vote of 63 to 126. The question was then put on approving the first proposed amendment of Rule 45, and 102 members voted in the affirma- tive and 99 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Creamer of Lynn; and on the roll call 130 members voted in the affirmative and 123 in the negative, as follows: YEAS. Messrs. Adams, Brooks Adams, Charles Francis Adams, Scott Avery, Nathan P. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bartlett, Horace I. Bauer, Ralph S. Begley, John S. Bennett, Frank P. Benton, Everett C. Bergengren, Roy F. Besse, Harold A. Bicknell, Wallace H. Blackmur, Paul R. Bolster, Percy G. Bosworth, Henry H. Boyer, Elmer E. Brine, Henry C. Brooks, George F. Brown, Samuel F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Burns, William A. Burrell, Fred J. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Rufus H. Coolidge, Louis A. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Cummings, Herbert E. Cummings, John W. Curtis, Arthur B. Curtis, Edwin U. Curtiss, Elmer L. Cusick, John F. Dean, Robert A. Dellinger, Raymond P. Messrs. Doe, Orestes T. Donnelly, James P. Dresser, Frank F. Farnsworth, Frank S. Ferry, James R. Finn, E. Philip Flye, Louis Edwin Fraser, Eugene B. French, Asa P. Frost, Archie N. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Graumann, John Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Harrington, Patrick H. Hart, Albert Bushnell Hibbard, Charles E. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Hutchings, Henry M. Johnson, Charles R. Jones, George R. Kelley, George W. Kelly, Luke L. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Logan, James Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. McAnarney, John W. Merriam, John M. Michelman, Joseph Mitchell, Charles Morton, James M. Myron, John F. Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Quincy, Josiah Quinn, Timothy F. Richardson, Edward A. WEDNESDAY, JUNE 12, 1918. 621 Messrs. Robinson, George H. Smith, Jerome S. Smith, Rutherford E. Sparrell, Ernest H. Stearns, Harry N. Sullivan, Edmund G. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Trefry, William D. T. Turner, Joseph Twomey, John C. Underbill, Charles L. Messrs. Walker, Joseph Washburn, Albert H. Washburn, Charles G. Waterman, George B. Webster, Francis E. Wellman, Arthur Holbrook Wheeler, William Whitehead, James Whittier, Eugene P. Williams, Fred Homer Wilson, William H. Wing, Herbert Wood, Charles J. Youngman, William S. NAYS. Messrs. Adams, Smith J. < Anderson, Frederick L. Aylward, James F. Barker, Warren S. Barnes, Clarence A. Barrett, James T. Bassett, Edmund Batchelder, Albert W. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoe'l Bouve", Walter L. Brennan, James H. Brennan, James J. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Butler, A. Webster Carr, Edward Clark, Ezra W. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Craven, John H. Creamer, Walter H. Creed, James F. Daley, Peter Daly, John W. Davis, Elbridge G. Davis, William R. Delano, Robert T. Derbyshire, James H. Donoghue, John A. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Dutch, Charles Frederick Fitz-Randolph, Reginald T. Flynn, Maurice R. Foss, George H. Gartland, John J. Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Messrs. Green, Thomas H. Greenwood, Hamlet S. Harding, Clarence W. Harriman, Arthur N. Hawley, Truman R. Hicks, George H. Horgan, Francis J. Kenny, Herbert A. Kerr, Alexander Knotts, J. Franklin Lane, Dwight F. Langelier, Louis F. R. Leonard, Joseph J. Lomasney, Martin M. Look, William J. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Marshall, Daniel J. McCarthy, Charles F. McCormack, John W. McLaud, Abner S. Merrill, George Frye Mitchell, John Moore, Charles D. C. , Moran, William Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Pelletier, Joseph C. Perry, Augustus W. Peterson, Patrick Putnam, Harry B. Ray, Herbert L. Reidy, Michael J. Richardson, James P. Rieutord, Louis O. 622 JOURNAL OF THE CONVENTION, Mr. F. L. Anderson, amendment. Rule 45, motion to reconsider. Messrs. Robbing, Edward J. Saunders, Amos T. Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Stoeber, Charles Sullivan, Michael A. Messrs. Sullivan, William H. Sweeney, Edward A. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Walcott, Robert Walker, George Webster, George P. White, John A. Winslow, Guy M. 130 yeas; 123 nays. Therefore the first proposed amendment of Rule 45 was ap- proved. Mr. Anderson of Newton then moved that the report be amended, in the paragraph relating to Rule 45, by inserting at "B" the words "by adding at the end of the first sentence of said rule the words ', but a motion to adjourn to an indefinite date or sine die shall be debatable' ". After debate Mr. Underhill of Somerville moved that debate be now closed on this amendment; and this motion prevailed. The amendment moved by Mr. Anderson was then rejected; and the remaining proposed amendment of Rule 45 was ap- proved. After further debate the proposed amendments of Rules 46, 47 and 56 were severally approved. Mr. Creamer of Lynn then moved that the further considera- tion of the report be postponed until the next session; and this motion was negatived. The same member then moved that the vote be reconsidered by which the Convention approved the first proposed amendment of Rule 45, as follows: Striking out the words "After July 16, 1917, until all amendments to the Constitution have been finally adopted for submission by the Convention to the people, no motion to adjourn for more than seven days at a time shall be entertained. ' ' After debate the question was put, and 92 members voted in the affirmative and 109 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Creamer; and on the roll call 116 members voted in the affirmative and 127 in the negative, as follows :- YEAS. Messrs. Adams, Smith J. _ Anderson, Frederick L. Aylward, James F. Barrett, James T. Bassett, Edmund Batchelder, Albert W. Bauer, Ralph S. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Brennan, James H. Brennan, James J. Messrs. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Brown, Samuel F. Bullock, William J. Burrell, Fred J. Butler, A. Webster Carr, Edward Clark, Ezra W. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. WEDNESDAY, JUNE 12, 1918. 623 Messrs. Costello, Francis M. Coughlan, William J. Craven, John H. Creamer, Walter H. Creed, James F. Daley, Peter Daly, John W. Davis, Elbridge G. Davis, William R. Delano, Robert T. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, James A. Donovan, Thomas F. 'Doran, James P. Douglass, John J. Driscoll, Dennis D. Driscoll, Timothy J. Dutch, Charles Frederick Fitz-Randolph, Reginald T. Flynn, Maurice R. Foss, George H. Fraser, Eugene B. Gartland, John J. Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Green, Thomas H. Greenwood, Hamlet S. Harding, Clarence W. Harriman, Arthur N. Hawley, Truman R. Hicks, George H. Horgan, Francis J. Kerr, Alexander Knotts, J. Franklin Lane, Dwight F. Langelier, Louis F. R. Leonard, Joseph J. Lomasney, Martin M. Lyman, Frank E. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Messrs. Adams, Brooks Adams, Charles Francis Adams, Scott Avery, Nathan P. Bailey, Charles O. Balch, Francis N. Ballantyne, John Barker, Warren S. Barnes, Clarence A. Bartlett, Horace I. Bates, Sanford Begley, John S. Benton, Everett C. Bergengren, Roy F. Besse, Harold A. Bicknell, Wallace H. Blackmur, Paul R. Bolster, Percy G. Messrs. Mansfield, John J. Marshall, Daniel J. Martin, Martin L. McCormack, John W. McLaud, Abner S. Merrill, George Frye Mitchell, John Moore, Charles D. C. Moran, William Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Peterson, Patrick Putnam, Harry B. Ray, Herbert L. Richardson, James P. Rieutord, Louis O. Robbins, Edward J. Saunders, Amos T. Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Stoeber, Charles Sullivan, Michael A. Sullivan, William H. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Walker, George Webster, George P. Wonson, Carlton W. NAYS. . Bosworth, Henry H. Boyer, Elmer E. Boynton, Thomas J. Brooks, George F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Rufus H. 624 JOURNAL OF THE CONVENTION, Messrs. Coolidge, Louis A. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crosby, J. Howell Crossley, William Cyril Cummings, Herbert E. Cummings, John W. Curtis, Arthur B. Curtis, Edwin U. Dean, Robert A. Bellinger, Raymond P. Doe, Orestes T. Donovan, Daniel R. Dresser, Frank F. Farnsworth, Frank S. Ferry, James R. Finn, E. Philip Flye, Louis Edwin French, Asa P. Frost, Archie N. Gates, Joseph S. Gay lord, Henry E. George, Samuel W. Giddings, Charles Graumann, John Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Harrington, Patrick H. Hart, Albert Bushnell Hibbard, Charles E. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Logan, James Look, William J. Loring, Augustus P. Lowe, Arthur H. 116 yeas; Messrs. Lowell, James A. Luce, Robert Lummus, Henry T. McAnarney, John W. Merriam, John M. Michelman, Joseph Mitchell, Charles Morton, James M. Myron, John F. Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Quincy, Josiah Quinn, Timothy F. Reidy, Michael J. Richardson, Edward A. Robinson, George H. Smith, Jerome S. Smith, Rutherford E. Stoneman, David Sullivan, Edmund G. Sweet, Joseph L. Tatman, Charles T. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Twomey, John C. Underhill, Charles L. Walker, Joseph Washburn, Albert H. Washburn, Charles G. Waterman, George B. Webster, Francis E. Wellman, Arthur Holbrook Wheeler, William White, John A. Whitehead, James Whittier, Eugene P. Williams, Fred Homer Wilson, William H. Wing, Herbert Winslow, Guy M. Wood, Charles J. 127 nays. Rules and committees, revision and printing. Therefore the motion to reconsider was negatived. The report was then accepted, and thereby the amendments recommended by the committee were adopted. (See Doc. No. 377 for the Convention rules, as amended.) Reprinting of Rules and Committees. The following order, offered by Mr. Luce of Waltham, was referred, under the provisions of a standing order, to the com- mittee on Rules and Procedure: Ordered, That the Secretary of the Convention provide for the use of the Convention five hundred copies of the pamphlet containing the rules of the Convention together with a list of committees and an alphabetical list of members with committees of which each is a member, said pamphlet to be revised to date. WEDNESDAY, JUNE 12, 1918. 625 Hours of Meeting and Adjourning. Mr. Luce of Waltham, for the committee on Rules and Pro- cedure, who were authorized and instructed to report rules and orders for the government of the Convention, reported recom- mending that the following order be adopted: - Ordered, That, unless it shall be otherwise ordered, the hour Hours of of meeting, except on Monday [A] and Saturday, be 10.30 o'clock A.M.; that, whenever the Convention is in session at one o'clock P.M., the President shall declare a recess until two o'clock P.M.; [B] and that, whenever the Convention is in ses- sion at 4.30 o'clock P.M., the President shall declare an adjourn- ment. Mr. Sawyer of Ware moved that the order be amended by inserting at "A" the word ", Tuesday"; and by inserting at "B" the words "that on Tuesday the hour of meeting be 12.30 o'clock P.M.;". Mr. Adams of Springfield moved that the order be amended by the substitution of the following: "Ordered, That, unless it shall be otherwise ordered, the Con- vention shall sit hereafter on Monday to Friday, inclusive, of each week, and that the hours of its sittings shall be from 10.30 o'clock A.M. to one o'clock P.M., and from two o'clock P.M. to five o'clock P.M. of each of such days." After debate the amendments were severally rejected; and the >rder recommended by the committee was adopted. Resolutions on the Death of J. Warren Bailey. Mr. Underbill of Somerville presented the following resolu- tions : Whereas, J. Warren Bailey, a delegate to this Constitutional gefegate* J. Convention from the Twenty-fourth Middlesex Representative Warren Bailey T\* , . j TI -irinio j of Somerville. District, passed away on Jbebruary 15, 1918; and Whereas, Of his seventy-two years of life twenty-five were spent in the service of The Commonwealth of Massachusetts, two as a member of the General Court, twenty-two as a member or secretary of the Board of Prison Commissioners and one as a member of this Convention; and Whereas, In all his public service he displayed an earnest devotion to the Commonwealth, a spotless character, ability and fidelity of the first order mellowed by a genial and kindly tem- perament, attending faithfully to all his duties as long as his health permitted; therefore, be it Resolved, That the delegates to this Constitutional Convention o hereby express their appreciation of his staunch and splendid ice and of the great loss the Convention and the people of the Commonwealth have sustained in his death; and be it further Resolved, That these resolutions be entered upon the records of this Convention, and a copy be sent to the bereaved family. 626 JOURNAL OF THE CONVENTION, After remarks by Mr. Underbill and by Messrs. Knotts of Somerville and Parkman of Boston, the resolutions were unani- mously adopted by a rising vote. Resolutions on the Death of Honorable John Q. A. Brackett. Mr. Crosby of Arlington presented the following resolutions: Whereas, In the death of John Quincy Adams Brackett, which Q- A?Brackett occurred on the sixth day of April last, the Constitutional Con- vention has lost one of its wisest and most beloved members; therefore, be it Resolved, That the members of the Convention hereby record their appreciation of the character and service of one whose long life was a benefaction not only to his family, his friends, his neighbors, and his clients, but also to the community and the Commonwealth. As Speaker of the House of Representatives, as Lieutenant Governor, as Governor, and as a trusted legal adviser, his talents were conspicuous and his reputation without the shadow of a stain. The kindness of his nature endeared him to all with whom he came in contact. His intellect was the servant, not the master, of his heart, and he never shrank from espousing an unpopular cause which appealed to his sense of justice or mercy. Resolved, That an engrossed copy of these resolutions be sent to the family of the deceased. After remarks by Mr. Crosby, and by Messrs. Luce of Wal- tham, Benton of Belmont and Pillsbury of Wellesley, the resolu- tions were unanimously adopted by a rising vote. Mr. Luce of Waltham then moved that, as a further mark of respect to the deceased members, the Convention adjourn; and this motion prevailed. Accordingly, at nineteen minutes past four o'clock, the Con- vention adjourned, to meet to-morrow at half-past ten o'clock A.M. THURSDAY, JUNE 13, 1918. 627 THURSDAY, June 13, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Orrin P. Gifford, D.D., of Brookline. Reception of the Chasseurs-a-Pied, the so-called "Blue Devils" of France. At five minutes past eleven o'clock the Sergeant-at-Arms The "Blue escorted into the chamber nearly one hundred of the Chasseurs- France " f a-Pied, the so-called "Blue Devils" of France, accompanied by an escorting committee of citizens. President John L. Bates addressed the distinguished guests as follows: Fighting Men of France: The story of your heroic deeds and your desperate struggles has preceded you. "Blue Devils," the Germans call you. Men who have received such a title, from such a source, need no other credential in Massachusetts. Like the Lacedaemonians of old, you have not asked "How many are the enemy?" but "Where are they?" and you have gone forth and answered your own question. ^Admiration for your courage, and gratitude for your service to umanity fill our hearts. Young in years you are old in deeds. e welcome you, battle-scarred and tempest-riven veterans in e greatest conflict of any age. You bear proudly the honors conferred upon you by your nation, but your greatest distinction is worn not as a chevron on the sleeve but is to be found in the esteem entertained for you in the hearts of every lover of liberty. Our tongues may not speak the same language, but our hearts do, and we understand each other. We go the same way, we fight the same enemy, we make the same fight, and we are now in France by your side 700,000 strong. And 700,000 more are on the way, and there shall follow seven times 700,000 if need be. Nor will we falter in the struggle until, in the Providence of God, the fields of the land of Lafayette shall again burst into beauteous bloom, and the vanquished Hun shall rise from his trenches and with uplifted hand cry, not "Blue Devils" but "Vive La France, Vive La France!" And in that glad day all the world shall join in one grand acclaim to you and your allied comrades: "Hail, hail, saviors of liberty, benefactors of man- kind." Lieutenant Albert Le Moal, who I understand is the command- ing officer of the "Blue Devils", will now say a few words to you. Lieutenant Le Moal then responded as follows: Mr. President and Gentlemen: I am not a speaker, but I want to say how much we are glad to be in Boston. We know Le Moal. that America loves France, but I am sure you do not love France 628 JOURNAL OF THE CONVENTION, Printing of more than France loves America. A hundred and fifty years ago Lafayette came over here with French soldiers to fight for your freedom and liberty, and now your boys and men, and our boys, are fighting in France again for civilization and the world. We know that America is doing its best, and we will wait for you. Your boys are not going forth to be killed, they are going forth to kill Germans. We do not care about the end of the war. The end of the war will happen when Germany will be on her knee, and say "I am through, I am done." At that time your boys and ours will come again to their homes, and they do not expect to come home until they come home vic- torious. The visitors and their escorts then retired. On motion of Mr. Boucher of New Bedford the addresses of the President and Lieutenant Le Moal were ordered printed in the Journal of the Convention. Edward Fisher and J. Howell Crosby. Charles M. Day. J. Franklin Knotts. Leave of Absence. On motion of Mr. Bolster of Boston, Ordered, That Edward Fisher of Westford and J. Howell Crosby of Arlington be granted leave of absence from time to time on account of duties in connection with the United States Food Administration. On motion of Mr. Richardson of Ayer, Ordered, That Charles M. Day of Winchendon be granted leave of absence, under Rule 13, on account of illness. On motion of Mr. Bullock of New Bedford, Ordered, That J. Franklin Knotts of Somerville be granted leave of absence, under Rule 13, from June 18 to June 25. Compensation of members. Compensation of Members. On motion of Mr. Curtis of Revere, Ordered, That the committee on Contingent Expenses and Pay- Roll determine and report the manner in which compensation shall be paid to members of the Convention for the 1918 session. Daily newspapers. Daily Newspapers. Mr. Sawyer of Ware offered the following order : - Ordered, That the Sergeant-at-Arms be authorized and directed to procure, for the use of the members of the Convention, two copies of each of the daily papers published in the cities of Boston, Worcester and Springfield, and one copy of each of the other daily papers published within the Commonwealth. The same member moved a suspension of the provisions of the standing order requiring the matter to be referred to the committee on Rules and Procedure; and this motion prevailed. The order was then considered; and it was adopted. 1 THURSDAY, JUNE 13, 1918. 629 Proposed Amendment of Rule 49- Mr. Underbill of Somerville moved that Rule 49 be amended by Proposed striking out the word "forty", and inserting in place thereof the J word "fifty", so as to read as follows: "49. On all questions the sense of the Convention shall be taken by yeas and nays, provided fifty members so require. No member shall be allowed to vote who enters the Convention after the vote is declared. The names of the members shall be called in alphabetical order." Mr. Sawyer of Ware moved that the motion to amend be re- ferred to the committee on Rules and Procedure; and this motion, after debate, was adopted. Proposal to Amend the Constitution. Mr. Sawyer of Ware presented a Resolution giving the General Court power to enact legislation to require that persons, firms, associations or corporations dealing in milk or cream shall give a bond for prompt payments for milk and cream to the producer thereof. The same member moved that Rule 35 be suspended; and this motion was referred, under Rule 56, to the committee on Rules and Procedure. Orders of the Day. Mr. Underbill of Somerville moved that, when the Orders of Ordersofthe the Day are reached each day, the President shall call the matters in numerical order; and that matters not giving rise to a motion or debate shall first be disposed of in the order in which they stand in the Calendar, after which matters that may have been passed by members shall be considered in like order and disposed of. This motion was adopted. The Convention then proceeded to the consideration of the Orders of the Day. Resolutions To provide for establishing the initiative and referendum for initiative Cities and towns (DOC. No. 27); referendum. Providing for the referendum by the General Court of acts id. and resolves and parts thereof (Doc. No. 88); To provide for the direct adoption of constitutional amend- Id> ments by referendum to the people (Doc. No. 134); and Relative to obtaining signatures in connection with the initia- Id tive and referendum (Doc. No. 185); Were severally considered; and the proposals were severally rejected, as recommended by the committee on Initiative and Referendum. The Resolution (recommitted) relative to the right of the Taking of Commonwealth to take or to authorize the taking of land by land * eminent domain (Doc. No. 94) was considered; and the proposal was rejected, as recommended by the committee on the Judi- ciary. 630 JOURNAL OF THE CONVENTION, Charitable institutions, inspection. Government of cities. Municipal home rule. Public employees, bonuses. Poll taxes. State and municipal finances. Legislative bills, scrutiny. General Court, adjournment . Voters, qualification. Id. Id. Counting of ballots. Governor, - veto power. Natural resources. Postponement refused. The Resolution relative to the inspection of certain public and private institutions (Doc. No. 263) (accompanying the petition of Susan E. Stevens) was considered. The committee on State Administration having reported recom- mending that the petitioner have leave to withdraw, the report was accepted; and the proposal was rejected. Resolutions Relative to the authority of the General Court in the govern- ment of cities (Doc. No. 229); To provide for home rule in municipalities in all matters not within general laws (Doc. No. 227); and To authorize the payment of bonuses to deserving public em- ployees (Doc. No. 230); Were severally considered; and the proposals were severally rejected, as recommended by the committee on Municipal Government. Resolutions Relative to the levying of poll taxes (Doc. No. 62); and Providing for the complete separation of the revenues and expenditures of the Commonwealth from those of the cities and towns (Doc. No. 132); Were severally considered; and the proposals were severally rejected, as recommended by the committee on Taxation. Resolutions To provide for the scrutiny of legislative bills by the Attorney- General (Doc. No. 175); and Vesting in the Governor the right to adjourn or prorogue the General Court (Doc. No. 86); Were severally considered; and the proposals were severally re- jected, as recommended by the committee on The General Court. Resolutions Reducing the length of time required as a qualification for registration and voting (Doc. No. 127); Making aliens who have declared their intention of becoming citizens qualified to vote (Doc. No. 128); To enable persons who have declared their intentions to become citizens of the United States to vote in city and town elections (Doc. No. 287); and Relative to the counting of ballots cast at elections (Doc. No. 281); Were severally considered; and the proposals were severally rejected, as recommended by the committee on Suffrage. The Resolution relative to abolishing the veto power of the Governor (Doc. No. 159) was considered; and the proposal was rejected, as recommended by the committee on the Executive. The Resolution (recommitted) relative to the public interest in natural resources (Doc. No. 344) was read a second time. Mr. Butler of Brockton moved that the further consideration of the resolution be postponed until Thursday next, first in the orders of the day; and this motion, after debate, was negatived. THURSDAY, JUNE 13, 1918. 631 Mr. Clapp of Lexington then moved that the resolution be Mr. ciapp, - amended by striking out, in line 3, the word "agricultural,"; amendment. and by adding at the end thereof the following paragraph: "The conservation, development and use for agricultural pur- poses, of low, swampy, waste or otherwise undeveloped lands are public uses for which the legislature may take, or authorize to be taken, by purchase or otherwise, lands or easements and interests therein." At one o'clock, under the provisions of a standing order, the Recess. President declared a recess until two o'clock; at which hour the Convention reassembled. Mr. Hobbs of Worcester doubted the presence of a quorum. Mr. Sullivan of Salem moved that the roll of the Convention Quorum. be called, to ascertain if a quorum was present; and this motion was adopted, by a vote of 28 to 14. The roll was called; and (Mr. Hall of Taunton being in the chair) 166 members answered to their names, as follows: Messrs. Adams, Brooks Adams, Charles Francis Adams, Smith J. Anderson, Frederick L. Aylward, James F. Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates, John L. Bauer, Ralph S. Blackmur, Paul R. Bodfish, John D. W. Bolster, Percy G. Boucher, Joseph Zoel Boyer, Elmer E. Brown, E. Gerry Brown, Samuel F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Burns, William A. Butler, A. Webster Buttrick, Allan G. Carr, Edward Chandler, Leonard B. Chase, Mial W. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Coleman, George W. Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Rufus H. Coolidge, Louis A. Coombs, Zelotes W. Cooney, Charles P. Messrs. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Crafts, Lyman A. Creamer, Walter H. Creed, James F. Crossley, William Cyril Cummings, Herbert E. Curtis, Arthur B. Curtis, Edwin U. Dale, George H. Daley, Peter Daly, John W. Davis, Elbridge G. Davis, William R. Dean, Robert A. Delano, Robert T. Derbyshire, James H. Doe, Orestes T. Donovan, Daniel R. Driscoll, Dennis D. Dutch, Charles Frederick Farnsworth, Frank S. Ferry, James R. Fitz-Randolph, Reginald T. Flynn, Maurice R. Fraser, Eugene B. Frost, Archie N. Gay lord, Henry E. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Greenwood, Hamlet S. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Harding, Clarence W. Hibbard, Charles E. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Hutchings, Henry M. 632 JOURNAL OF THE CONVENTION, Messrs. Jones, George R. Kelley, George W. Kilbon, John L. Kneil, Arthur S. Lane, Daniel W. Lane, Dwight F. Langelier, Louis F. R. Leonard, Joseph J. Linke, Fred R. Lomasney, Martin M. Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mansfield, John J. McAnarney, John W. McLaud, Abner S. Merriam, John M. Merrill, George Frye Mitchell, Charles Moore, Charles D. C. Moran, William MorriU, Charles H. Morton, James M. Moynihan, James J. Murley, Joseph J. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. . O'Connell, John P. O'Connor, John D. Peterson, Patrick Putnam, Harry B. Messrs. Quincy, Josiah Ray, Herbert L. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Saunders, Amos T. Sawyer, Roland D. Shattuck, Josiah B. Sheehan, Christopher A. Sherburne, Nelson Smith, Jerome S. Stoeber, Charles Sullivan, Edmund G. Sullivan, William H. Sweet, Joseph L. Talbot, Harry R. Theller, Ralph L. Thompson, Edward Thompson, Hubert C. Thompson, John L. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Walker, George Walker, Joseph Washburn, Albert H. Washburn, Charles G. Waterman, George B. Webster, Francis E. Webster, George P. Wheeler, William White, John A. Willett, George Franklin Williams, Fred Homer Wilson, William H. Wing, Herbert Winslow, Guy M. Wonson, Carlton W. Wood, Charles J. Mr. Lyman, amendment. Previous question. Election of judges. Postponement refused. Quorum. Therefore it appeared that a quorum was then present. Mr. Lyman of Easthampton then moved that the resolution be amended by striking out, in line 3, the word " agricultural,". After debate the previous question was ordered, on motion of Mr. Chandler of Somerville. The amendment moved by Mr. Lyman was then rejected; and the amendments moved by Mr. Clapp were rejected, by a vote of 31 to 90. The resolution was then ordered to a third reading. The Resolution (recommitted) relative to the election of judges by the people (Doc. No. 197) was considered. Pending the question on the rejection of the proposal, as recommended by the committee on the Judiciary, Mr. Morton of Fall River moved that the further consideration of the resolution be postponed until Tuesday next, first in the Orders of the Day; and this motion, after debate, was negatived, by a vote of 65 to 84. After further debate Mr. Carr of Hopkinton asked for a count of the Convention, to ascertain if a quorum was present. A count showed that 96 members were present. THURSDAY, JUNE 13, 1918. 633 The same member then moved that the Convention adjourn; and this motion was negatived. Mr. Walker of Brookline moved that the roll of the Con- Quorum, vention be called, to ascertain if a quorum was present; and this motion prevailed. The roll was then called; and 150 members answered to their names, as follows: Messrs. Adams, Smith J. Anderson, Frederick L. Aylward, James F. Ballantyne, John Bangs, Francis R. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bauer, Ralph S. Benton, Everett C. Bodfish, John D. W. Bolster, Percy G. Bosworth, Henry H. Bouve*, Walter L. Boyer, Elmer E. Brennan, James H. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bryant, Lincoln Buck, Maurice A. Burns, William A. Burrell, Fred J. Butler, A. Webster Buttrick, Allan G. Carr, Edward Chandler, Leonard B. Chase, Mial W. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Collins, Samuel I. Cook, Rufus H. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Crafts, Lyman A. Craven, John H. Creamer, Walter H. Creed, James F. Crosby, J. Howell Cummings, Herbert E. Curtis, Arthur B. Curtis, Edwin U. Cusick, John F. Davis, Elbridge G. Dean, Robert A. Dellinger, Raymond P. Derbyshire, James H. Donoghue, John A. Donovan, Thomas F. Driscoll, Dennis D. Driscoll, Timothy J. Dutch, Charles Frederick Messrs. Farnsworth, Frank S. Flye, Louis Edwin Flynn, Maurice R. Fraser, Eugene B. Frost, Archie N. Gartland, John J. Giddings, Charles Glazier, Frederick P. Green, Thomas H. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Harding, Clarence W. Harriman, Arthur N. Hawley, Truman R. Hibbard, Charles E. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Jones, George R. Kelley, George W. Kelly, Luke L. Kilbon, John L. Knotts, J. Franklin Lane, Daniel W. Lane, Dwight F. Langelier, Louis F. R. Leonard, Joseph J. Logan, James Lomasney, Martin M. Look, William J. Loring, Augustus P. Lowe, Arthur H. Lowell, James A. Luce, Robert Lyman, Frank E. MacM aster, Edward A. Maguire, James E. Mahoney, John J. Mansfield, John J. McAnarney, John W. McCormack, John W. McLaud, Abner S. Merriam, John M. Merrill, George Frye Michelman, Joseph Mitchell, Charles Montague, David T. Moore, Charles D. C. Moran, William Morton, James M. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. 634 JOUKNAL OF THE CONVENTION, Quorum. Adjournment. Messrs. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connor, John D. Parkman, Henry Peterson, Patrick Pillsbury, Albert E. Ray, Herbert L. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Saunders, Amos T. Sawyer, Roland D. Scigliano, Alfred P. Shattuck, Josiah B. Sheehan, Christopher A. Sherburne, Nelson Smith, Jerome S. Stoeber, Charles Messrs. Sullivan, Edmund G. Sullivan, William H. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, John L. Trefry, William D. T. Underbill, Charles L. Walcott, Robert Walker, George Walker, Joseph Waterman, George B. Webster, Francis E. Wellman, Arthur Holbrook Wheeler, William Whittier, Eugene P. Williams, Fred Homer Whig, Herbert Wood, Charles J. Therefore it appeared that a quorum was not present. Mr. Butler of Brockton moved that the Convention adjourn; and this motion was negatived, by a vote of 52 to 72. Mr. Luce of Waltham moved that the Sergeant-at-Arms be in- structed to secure the attendance of a quorum; and this motion prevailed. Mr. Brown of Brockton moved that the vote be reconsidered; and this motion was negatived, by a vote of to 57. Subsequently the Chair (Mr. Hall of Taunton) stated that the Sergeant-at-Arms had reported that no more members were in the building. Mr. Mahoney of Boston then moved that the Convention adjourn; and this motion was adopted, by a vote of 76 to 54. Accordingly, at nineteen minutes past four o'clock (Mr. Hall being in the chair), the Convention adjourned, to meet to- morrow at half-past ten o'clock A.M. FRIDAY, JUNE 14, 1918. 635 FRIDAY, June 14, 1918. Met according to adjournment, at half-past ten o'clock A.M., with Mr. Walker of Brookline in the chair. Prayer was offered by Rev. John L. Kilbon of Springfield, a member of the Convention. Leave of Absence. On motion of Mr. Newton of Everett, Ordered, That Charles Bruce of Everett be granted leave of Charles Bruce. absence from time to time, on account of public duties as an assessor of the city of Everett. On motion of Mr. Boucher of New Bedford, Ordered, That James Whitehead of Fall River be granted leave j ames of absence, under Rule 13, until June 25, because of absence from wwtehead. the Commonwealth. On motion of Mr. Lyman of Easthampton, Ordered, That William J. Look of Tisbury be granted leave of wmiamJ. absence from time to time, on account of duties in connection with the United States Food Administration. On motion of Mr. Hobbs of Worcester, Ordered, That James Logan of Worcester be granted leave of James Logan, absence, under Rule 13, until June 24, because of absence from the Commonwealth in connection with business of the national government. On motion of Mr. Dennis D. Driscoll of Boston, Ordered, That James T. Moriarty of Boston be granted leave j ames T. of absence, under Rule 13, until June 25, on account of duties as a delegate to the convention, at St. Paul, Minnesota, of the American Federation of Labor. On motion of Mr. Buttrick of Lancaster, Ordered, That Arthur H. Lowe of Fitchburg be granted leave Arthur H. of absence, under Rule 13, in order that he may serve with the Lowe - Textile War-Service Committee in New York City, and fill other engagements. On motion of Mr. Harriman of New Bedford, Voted, That Samuel Ross of New Bedford be granted leave of Samuel ROSS. absence, under Rule 13, until June 25, on account of duties as a delegate to the convention, at St. Paul, Minnesota, of the American Federation of Labor. Compensation of Members. Mr. Wonson of Gloucester, for the committee on Contingent Compensa- Expenses and Pay-Roll, who were instructed (by an order members, adopted at the preceding session) to determine the manner in manner of 636 JOURNAL OF THE CONVENTION, Compensa- tion of members. Pay-roll, compensa- tion for travelling expenses. which compensation shall be paid to members of the Convention for the 1918 session, reported recommending that the following order be adopted: Ordered, That the delegates to the Constitutional Convention be paid $150 for the month of June, $150 for the month of July, and $200 at the close of the session. The order was considered forthwith; and it was adopted. On motion of Mr. Curtis of Revere, Ordered, That the committee on Contingent Expenses and Pay- Roil make up the pay-roll for the travelling expenses of members of the Convention for the 1918 session, at the rate of two dollars and fifty cents per mile, the travel to be computed according to the table of distances established by an order of the House of Representatives adopted June 1, 1892. Rules and committees, revision and printing. Reprinting of Rules and Committees. Mr. Luce of Waltham, for the committee on Rules and Pro- cedure, to whom was referred the following order (offered by Mr. Luce on June 12), reported recommending that the same be adopted : Ordered, That the Secretary of the Convention provide for the use of the Convention five hundred copies of the pamphlet containing the rules of the Convention together with a list of committees and an alphabetical list of members with committees of which each is a member, said pamphlet to be revised to date. The order was considered forthwith; and it was adopted. "State Budget Systems in the United States." Printing of a Bulletin. Mr. Parkman of Boston offered the following order: Ordered, That there be printed five hundred additional copies of the bulletin on "State Budget Systems in the United States", prepared by the commission appointed to compile information and data for the Convention. The same member moved a suspension of the provisions of the standing order requiring the matter to be referred to the com- mittee on Rules and Procedure; and this motion prevailed. The order was then considered; and it was adopted. Acts and resolves, referendum. Motion to Reconsider. Mr. Bartlett of Newburyport moved that the vote be recon- sidered by which the Convention, at the preceding session, re- jected the proposal contained in the Resolution providing for the referendum by the General Court of acts and resolves and parts thereof (Doc. No. 88). The same member then moved that the motion to reconsider be laid on the table; and this motion, after debate, was nega- tived. After further debate the motion to reconsider was negatived. FRIDAY, JUNE 14, 1918. 637 Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Chair (Mr. Walker of Brookline) proceeded to the calling Orders of the of the Calendar, in accordance with the vote passed at the pre- Se y caFendl f ceding session; whereupon Mr. Richardson of Newton moved that the calling of the Calendar be dispensed with, and that the Convention proceed to the consideration of the Orders of the Day in order; and this motion, after debate, was negatived. The Resolution relative to extending the application of the Supreme decisions of the Supreme Judicial Court as to the police power, c so-called (Doc. No. 3), was considered. The committee on the Executive having reported without i>wer. recommendation, the report of the committee was accepted; and the resolution was placed on file. Resolutions Providing for granting a greater measure of home rule to Municipal cities and towns (Doc. No. 226); home rule. Relative to home rule for cities (Doc. No. 34); w. Providing for home rule for cities and towns (Doc. No. 99, id. so much thereof as does not relate to the power of municipalities to "classify property for taxation at various rates," or to "ex- empt any class of property from taxation"); and To provide for a larger measure of home rule for cities and w. towns (Doc. No. 100, so much thereof as does not relate to the power of municipalities "to exempt classes of property from taxation " or " to acquire land for homes for its citizens, and to hold, improve, subdivide, sell, lease, rent, or build upon the same, to maintain a sufficient supply of food, shelter and other necessi- ties of life at reasonable cost, or do any lawful act intended ultimately to promote the general welfare notwithstanding that the primary effect of such act may benefit individuals"); Were severally considered; and the proposals were severally rejected, as recommended by the committee on Municipal Government. Resolutions To provide for a larger measure of home rule for cities and JJ^^J? 1 towns (Doc. No. 100, so much thereof as relates to the power of taxation. municipalities "to exempt classes of property from taxation"); Relative to the exemption from taxation of certain real estate Homesteads, held and used for homestead purposes (Doc. No. 16); To provide a limit to tax exemptions (Doc. No. 292) ; and Exemptions Granting power to the General Court to levy taxes on persons Aliens, nS and property of alien residents (Doc. No. 299); taxation. Were severally considered; and the proposals were severally rejected, as recommended by the committee on Taxation. 638 JOURNAL OF THE CONVENTION, Public utilities, public ownership. Id. Single legislative body. Senate, abolition. Senate, presidency. State administrative departments. County officials. County commissioner, abolition. Id. Militia. Supreme Ju- dicial Court, opinions. Administrators and executors. Election of judges. Quorum. Resolutions To provide for public ownership of all public utilities and for the conservation of the water powers of the Commonwealth (Doc. No. 242); and To authorize the taking of public utilities or any part or parts thereof (Doc. No. 244); Were severally considered; and the proposals were severally rejected, as recommended by the committee on Public Affairs. Resolutions To provide for a Legislature of a single chamber of twenty- five members (Doc. No. 168); Relative to the abolition of the Senate (Doc. No. 174); and Relative to the Presidency of the Senate (Doc. No. 25); Were severally considered; and the proposals were severally rejected, as recommended by the committee on The General Court. The Resolution to provide against too frequent changes in the form of administrative departments of the Commonwealth (Doc. No. 268) was considered; and the proposal was rejected, as rec- ommended by the committee on State Administration. Resolutions Relative to appointment by the Governor of certain county officials (Doc. No. 154); Relative to the abolition of the office of county commissioner (Doc. No. 156); and Relative to giving the Council the powers and duties of county commissioners (Doc. No. 23); Were severally considered; and the proposals were severally rejected, as recommended by the committee on County and District Government. The Resolution relative to the militia of the Commonwealth (Doc. No. 223) was considered; and the proposal was rejected, as recommended by the committee on Military Affairs. Resolutions Relative to the authority of the Governor, Council and General Court to request opinions of the Supreme Judicial Court (Doc. No. 213); and Providing for a supervisor or commissioner of administrators and executors (Doc. No. 195); Were severally considered; and the proposals were severally rejected, as recommended by the committee on the Judiciary. The Resolution (recommitted) relative to the election of judges by the people (Doc. No. 197), being the unfinished business of the preceding session, was considered further, the question being on the rejection of the proposal, as recommended by the commit- tee on the Judiciary. After debate Mr. Luce of Waltham moved the previous ques- tion. Subsequently Mr. Carr of Hopkinton asked for a count of the Convention, to ascertain if a quorum was present. A count showed that 157 members were present. FRIDAY, JUNE 14, 1918. 639 On motion of Mr. Underbill of Somerville the Sergeant-at- Quorum. Arms was instructed to secure the attendance of a quorum. On the appearance of a quorum the previous question was ordered, by a vote of 106 to 45. After further debate the proposal was rejected, by a vote of 125 to 32. The Resolution (recommitted) relative to limiting the tenure Tenure of judicial officers to ten years (Doc. No. 194) was considered, the question being on the rejection of the proposal, as recom- mended by the committee on the Judiciary. After debate Mr. William H. Sullivan of Boston moved that Mr. Sullivan, the resolution be amended by the substitution of a Resolution amendment - providing for the appointment of judges for specific terms (Doc. No. 345). At eight minutes before one o'clock Mr. Mancovitz of Boston moved that the Convention take a recess until two o'clock P.M.; and this motion was negatived. At one o'clock, under the provisions of a standing order, the Recess. Chair (Mr. Walker of Brookline) declared a recess until two o'clock; at which hour the Convention reassembled. Mr. Mancovitz of Boston asked for a count of the Convention Quorum. to ascertain if a quorum was present. A count showed that 66 members were present. On motion of the same member the Sergeant-at-Arms was instructed to secure the attendance of a quorum. Subsequently the Chair (Mr. Walker of Brookline) stated that the Sergeant-at-Arms had reported that only 139 members were then' in the building. Mr. Luce of Waltham moved that the Sergeant-at-Arms be id. instructed to go outside of the State House to secure the attend- ance of a quorum. After debate Mr. Webster of Haverhill moved that the roll of the Convention be called; and this motion prevailed. The roll was then called; and 165 members answered to their names, as follows : Adams, Brooks Messrs. Brown, E. Gerry Adams, Smith J. Bryant, Lincoln Anderson, Frederick L. Buck, Maurice A. Aylward, James F. Burns, William A. Bailey, Charles O. Buttrick, Allan G. Ballantyne, John Carr, Edward Bangs, Francis R. Chase, Mial W. Barrett, James T. Clapp, Robert P. Bartlett, Horace I. Clark, Chester W. Bassett, Edmund Clark, Ezra W. Batchelder, Albert W. Codman, James M., Jr. Benton, Everett C. Collins, Samuel I. Bicknell, Wallace H. Cook, Rufus H. Bigney, Robert E. Cooney, Charles P. Blackmur, Paul R. Corrigan, Robert S. Boucher, Joseph Zoel Costello, Francis M. Bouve", Walter L. Coughlan, William J. Boyer, Elmer E. Cox, Guy W. Brine, Henry C. Craven, John H. Broderick, Patrick S. Creamer, Walter H. 640 JOURNAL OF THE CONVENTION, Messrs. Crossley, William Cyril Cummings, John W. Curtis, Arthur B. Curtis, Edwin U. Curtiss, Elmer L. Daley, Peter Davis, Elbridge G. Davis, William R. Dean, Robert A. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Donovan, James A. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Dutch, Charles Frederick Farnsworth, Frank S. Ferry, James R. Flynn, Maurice R. Fraser, Eugene B. Frost, Archie N. Gates, Joseph S. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Green, Thomas H. Greenwood, Hamlet S. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Harding, Clarence W. Harriman, Arthur N. Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Hutchings, Henry M. Kelley, George W. Kelly, Luke L. Kilbon, John L. Knotts, J. Franklin Lane, Daniel W. Lane, Dwight F. Langelier, Louis F. R. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Loring, Augustus P. Love, Joseph A. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Messrs. McAnarney, John W. McCormack, John W. McLaud, Abner S. Merriam, John M. Merrill, George Frye Michelman, Joseph Mitchell, Charles Montague, David T. Moore, Charles D. C. Moran, William Merrill, Charles H. Morton, James M. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connor, John D. Parkman, Henry Peterson, Patrick Pillsbury, Albert E. Powers, Samuel L. Quincy, Josiah Quinn, Timothy F. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Shanahan, William J. Shattuck, Josiah B. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Smith, Jerome S. Smith, Rutherford E. Stoeber, Charles Sullivan, Edmund G. Sullivan, William H. Sweeney, Edward A. Sweet, Joseph L. Swig, Louis Talbot, Harry R. Theller, Ralph L. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Walker, George Walker, Joseph Washburn, Albert H. Waterman, George B. Webster, George P. Wellman, Arthur Holbrook White, John A. Williams, Fred Homer Wilson, William H. Wing, Herbert Winslow, Guy M. Wonson, Carlton W. Wood, Charles J. Therefore it appeared that a quorum was then present. The amendment moved by Mr. Sullivan was then rejected, by a vote of 53 to 79; and the proposal was also rejected. FRIDAY, JUNE 14, 1918. 641 The Resolution (recommitted) providing for the appointment, removal and retirement of judges and their tenure of office (Doc. and tenure. No. 96) was considered. The committee on the Judiciary having reported recommending that the resolution be withdrawn at the request of the proponent, the report of the committee was accepted; and the resolution was placed on file. The Resolution (recommitted) providing for the appointment of judges for specific terms (Doc. No. 193) was considered, the question being on the rejection of the proposal, as recommended by the committee on the Judiciary. Mr. Mancovitz of Boston moved that the resolution be amended by the substitution of a Resolution providing for the appointment of judges for specific terms (Doc. No. 345). After debate Mr. Aylward of Cambridge moved that the Con- Adjournment. vention adjourn; and this motion was adopted, by a vote of 98 to 29. Accordingly, at seventeen minutes past four o'clock (Mr. Walker of Brookline being in the chair), the Convention ad- journed, to meet on Tuesday next at half-past ten o'clock A.M. 642 JOURNAL OF THE CONVENTION, TUESDAY, June 18, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Francis E. Webster of Waltham, a member of the Convention. Reginald T. Fitz- Randolph. Charles T. Tatman. Joseph J. Leonard. Nathan P. Avery. Willfred W. Lufkin. Leave of Absence. On motion of Mr. Buttrick of Lancaster, Ordered, That Mr. Fitz-Randolph of Nantucket be granted leave of absence, under Rule 13, for the present week, because of engagements of urgent importance. On motion of Mr. Washburn of Worcester, - Ordered, That Mr. Tatman of Worcester be granted leave of absence from June 18 to 28, inclusive, because of duties placed upon him by the Superior Court. On motion of Mr. Horgan of Boston, Ordered, That Mr. Leonard of Boston be granted leave of absence, under Rule 13, for the current week, because of special legal engagements outside the Commonwealth. On motion of Mr. Coolidge of Milton, Ordered, That Mr. Avery of Holyoke be granted leave of absence, under Rule 13, for the current week, because of duties devolving upon him as a member of a draft-exemption board. On motion of Mr. Hale of Haverhill, Ordered, That Mr. Lufkin of Essex be granted leave of absence, under Rule 13, because of duties devolving upon him as a mem- ber of Congress. Pay-roll, compensation for travelling expenses. Id. Compensation of Members for Travelling Expenses. Mr. Curtis of Revere, for the committee on Contingent Expenses and Pay-Roil, who were instructed (by an order adopted at the preceding session) to make up the pay-roll for the travelling expenses of members of the Convention for the 1918 session, reported recommending that the following order, with the accom- panying schedule, be adopted:- Ordered, That the accompanying schedule, showing that the sum of $27,812.50 is due the members of the Constitutional Convention for compensation for travelling expenses, is approved, and that the same be sent to the Governor and Council. The order was considered forthwith, and was adopted; and the schedule was signed by the President. TUESDAY, JUNE 18, 1918. 643 Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. Resolutions Relative to prohibiting the granting of franchises for longer Granting of terms than fifty years (Doc. No. 249); franchises. To provide for the ownership, purchase and operation of public utilities (Doc. No. 243); and To empower the General Court to make absolute the liabilities Liability of casualty insurance companies to persons injured by accident fns^m!^ (DOC. No. 256); companies. Were severally considered; and the proposals were severally rejected, as recommended by the committee on Public Affairs. The Resolution providing for state, county and municipal ownership of public utilities (Doc. No. 245) (accompanying the petition of the Massachusetts State Branch of the American ownershl P- Federation of Labor) was considered. The committee on Public Affairs having reported recom- mending that the petitioner have leave to withdraw, the report was accepted; and the proposal was rejected. The Resolution relative to the duty of the Commonwealth toward women before and after childbirth (Doc. No. 260) was considered; and the proposal was rejected, as recommended by the committee on Social Welfare. Resolutions Relative to uniformity in real estate assessments for taxation Real estate, (Doc. No. 291); Relative to taxation of real estate (Doc. No. 298) ; and Slati?n ate> ~~ Relative to the taxation of agricultural or farming lands and Agricultural products (DOC. No. 300); landsjmd Were severally considered; and the proposals were severally p rejected, as recommended by the committee on Taxation. The Resolution relative to the manner in which the General issuance of Court may authorize the issuance of bonds (Doc. No. 279, Municipalities. so much thereof as relates to the issuance of bonds by any city or town or other civil division) was considered; and the pro- posal was rejected, as recommended by the committees on County and District Government and Municipal Government, sitting jointly. Resolutions To limit the volume of business before the General Court and g^[ a !_ to fix individual responsibility for legislative action (Doc. No. volume of 172); and business. Relative to the establishment of districts for the election of gjj; a L Representatives to the General Court (Doc. No. 81); representative Were severally considered; and the proposals were severally districts. rejected, as recommended by the committee on The General Court. 644 JOURNAL OF THE CONVENTION, Municipal officers, election. Office of county com- missioner, - abolition. Incompati- bility of offices. Appointment of judges. Mr. Anderson, amendment. Mr. Blackmur, amendment. Mr. E.U.Curtis, amendment. Quorum. Previous question. The Resolution relative to applying all laws and legal pro- visions governing the election of state officers to the election of all municipal officers (Doc. No. 283) was considered; and the proposal was rejected, as recommended by the committee on Suffrage. The Resolution relative to abolishing the office of county commissioner (Doc. No. 155) was considered; and the proposal was rejected, as recommended by the committee on County and District Government. The Resolution relative to the incompatibility of offices (Doc. No. 119) was considered; and the proposal was rejected, as recommended by the committee on State Administration. The Resolution (recommitted) providing for the appointment of judges for specific terms (Doc. No. 193), being the unfinished business of the preceding session, was considered further, the main question being on the rejection of the proposal, as recom- mended by the committee on the Judiciary. After debate Mr. Anderson of Newton moved that the amend- ment previously moved by Mr. Mancovitz of Boston (that the resolution be amended by the substitution of a Resolution pro- viding for the appointment of judges for specific terms, Doc. No. 345) be amended by striking out lines 3 to 28, inclusive, and inserting in place thereof the following paragraph : "The legislature shall have the power to establish an age for the compulsory retirement of judges." Mr. Blackmur of Quincy moved that the amendment pre- viously moved by Mr. Mancovitz be amended by striking out lines 3 to 28, inclusive, and inserting in place thereof the follow- ing paragraph : "The governor, by and with the consent of the council, may retire any judicial officer because of advanced age, mental or physical incapacity." After further debate (Mr. Cox of Boston being in the chair) Mr. Edwin U. Curtis of Boston moved that the amendment moved by Mr. Blackmur be amended by adding at the end thereof the words ", and the general court may provide pensions for judges so retired". There being no objection Mr. Blackmur accepted, as a part of his amendment, the amendment moyed by Mr. Curtis. At one o'clock, under the provisions of a standing order, the Chair (Mr. Cox of Boston) declared a recess until two o'clock; at which hour the Convention reassembled, with the President in the chair. Mr. Barrett of Cambridge moved that the Sergeant-at-Arms be instructed to secure the attendance of a quorum; and this motion prevailed. On the appearance of a quorum (Mr. Gleason of Andover being in the chair) and after debate (the President having returned to the chair) the previous question was ordered, on motion of Mr. Chandler of Somerville. TUESDAY, JUNE 18, 1918. 645 The amendment moved by Mr. Anderson was then rejected; amendments the amendment moved by Mr. Blackmur (as modified) was adopted, by a vote of 107 to 69; and the amendment previously moved by Mr. Mancovitz, as thus amended, was adopted. The rejection of the proposal was then negatived, by a vote of 66 to 128; and the resolution, as amended (Doc. No. 380), was placed in the Orders of the Day for the next session for a second read- ing. The Resolution (recommitted) relative to the appointment of _ judicial officers for a term of seven years (Doc. No. 192) was seven-year considered, the question being on the rejection of the proposal, as term> recommended by the committee on the Judiciary. Mr. Aylward of Cambridge moved that the resolution be Mr. Ayiward, amended by striking out lines 3 to 12, inclusive, and inserting in . place thereof the following paragraph : "All judges of police, district and municipal courts, duly ap- pointed, commissioned and sworn, shall hold office for the term of seven years, and upon the expiration of such term they may be reappointed. The present judges of said courts shall hold their offices for the term of seven years from the date of the adoption of this amendment by the people." After debate the amendment was rejected, by a vote of 53 to 79. Mr. Lomasney of Boston raised the point of order that a Quorum. quorum was not present. A count of the Convention showed that 174 members were present. The proposal was then rejected. The Resolution (recommitted) relative to the tenure of office Judicial of the judiciary (Doc. No. 191) was considered, the question tenS? being on the rejection of the proposal, as recommended by the committee on the Judiciary. Mr. Mancovitz of Boston moved that the resolution be Mr.Manco- amended by the substitution of a Resolution providing for the amendment. appointment of judges for specific terms (Doc. No. 345). Mr. Luce of Waltham moved the previous question; and this Previous motion, after debate, was adopted. On the question on the adoption of the amendment, 61 mem- bers voted in the affirmative and 108 in the negative. The sense of the Convention was then taken by yeas and nays, Amendment at the request of Mr. Mancovitz; and on the roll call 61 mem- re J ected - bers voted in the affirmative and 142 in the negative, as fol- lows : YEAS. Messrs. Adams, Smith J. Messrs. Corrigan, Robert S. Aylward, James F. Coughlan, William J. Bicknell, Wallace H. Creamer, Walter H. Brennan, James H. Daley, Peter Broderick, Patrick S. Derbyshire, James H. Burrell, Fred J. Donoghue, John A. Callahan, Timothy F. Donovan, Daniel R. Carr, Edward Donovan, Thomas F. Clark, Ezra W. Driscoll, Dennis D. 646 JOURNAL OF THE CONVENTION, Messrs. Driscoll, Timothy J. Flynn, Maurice R. Green, Thomas H. Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Kilbon, John L. Lomasney, Martin M. Maguire, James E. Mahoney, John J. Mancovitz, David Marshall, Daniel J. Martin, Martin L. McCormack, John W. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Moran, William Merrill, Charles H. Moynihan, James J. Myron, John F. Nestor, Patrick F. Messrs. Adams, Charles Francis Adams, Scott Anderson, Frederick L. Bailey, Charles O. Balch, Francjs N. Ballantyne, John Bangs, Francis R. Bartlett, Horace I. Bassett, Edmund Bennett, Frank P. Besse, Harold A. Bigney, Robert E. Blackmur, Paul R. Bodfish, John D. W. Bosworth, Henry H. Boucher, Joseph Zoel Bouve", Walter L. Boyer, Elmer E. Brine, Henry C. Bryant, Lincoln Buck, Maurice A. Bullock, William J. Burns, William A. Butler, A. Webster Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Collins, Samuel I. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Costello, Francis M. Cox, Guy W. Crafts, Lyman A. Craven, John H. Creed, James F. Crosby, J. Howell Messrs. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peterson, Patrick Quincy, Josiah Ray, Herbert L. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Smith, Rutherford E. Stoeber, Charles Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Swig, Louis Theller, Ralph L. Walker, George Webster, George P. NAYS. Messrs. Curtis, Arthur B. Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Dean, Robert A. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Doran, James P. Douglass, John J. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferry, James R. Flaherty, William Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Glazier, Frederick P. Gleason, Nesbit G. Granfield, William J. Graumann, John Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Isaac Freeman Hamilton, Andrew Foster Hawley, Truman R. Hibbard, Charles E. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Hutchings, Henry M. Jones, George R. Kelley, George W. Kelly, Luke L. Kenefick, Thomas W. Kerr, Alexander Lane, Daniel W. Lane, Dwight F. TUESDAY, JUNE 18, 1918. 647 Messrs. Langelier, Louis F. R. Larson, Charles G. Leboeuf, Telesphore Look, William J. Loring, Augustus P. Love, Joseph A. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Mansfield, John J. McAnarney, John W. Merriam, John M. Mitchell, Charles Moore, Charles D. C. Morton, James M. Murley, Joseph J. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. Parkman, Henry Pillsbury, Albert E. Putnam, Harry B. Quinn, Timothy F. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Messrs. Sawyer, Roland D. Shattuck, Josiah B. Sherburne, Nelson Smith, Jerome S. Sparrell, Ernest H. . Stearns, Harry N. Sullivan, Edmund G. Sweet, Joseph L. Talbot, Harry R. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Walker, Joseph Washburn, Albert H. Washburn, Charles G. Waterman, George B. Webster, Francis E. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Williams, Fred Homer Wilson, William H. Wing, Herbert Winslow, Guy M. Wood, Charles J. 61 yeas; 142 nays. Therefore the amendment moved by Mr. Mancovitz was rejected. Pending the question on the rejection of the proposal, At twenty-two minutes before five o'clock, under the pro- Adjournment. visions of a standing order requiring adjournment at half-past four o'clock, the President declared the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. 648 JOUKNAL OF THE CONVENTION, WEDNESDAY, June 19, 1918. Met according to adjournment, at half-past ten o'clock A.M. The Secretary announced the absence of the President, and stated that Mr. Pillsbury of Wellesley had been appointed to perform the duties of the Chair. Prayer was offered by Rev. John L. Kilbon of Springfield, a member of the Convention. Hubert C. Thompson. David I. Walsh. Leave of Absence. On motion of Mr. Dutch of Winchester, Ordered, That Mr. Thompson of Haverhill be granted leave of absence, under Rule 13, at such times as his services may be required in the United States Merchant Marine. On motion of Mr. Quincy of Boston, Ordered, That Mr. Walsh of Fitchburg be granted leave of absence, under Rule 13, on account of illness. Stenographic reports of certain debates, printing. Printing Reports of Certain Debates. The following order, offered by Mr. Bosworth of Springfield, was referred, under the provisions of a standing order, to the committee on Rules and Procedure: Ordered, That the stenographic report of future debates upon all matters favorably acted upon, be printed for the use of the delegates, if possible before the next reading; and that mem- bers desiring to revise their remarks be required to return the copies thereof promptly to the doorkeeper. Judicial officers, salaries. Judicial officers, tenure. Question of procedure. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution (recommitted) relative to the salaries of judicial officers (Doc. No. 91) was considered; and the pro- posal was rejected, as recommended by the committee on the Judiciary. The Resolution (recommitted) relative to the tenure of office of the judiciary (Doc. No. 191), being the unfinished business of the preceding session, was considered further, the question being on the rejection of the proposal, as recommended by the committee on the Judiciary. Mr. O'Connell of Boston rose to debate the proposition; whereupon the Chair (Mr. Pillsbury) stated that, the main ques- tion having been ordered and the time for debate having ex- pired, no further debate was in order. WEDNESDAY, JUNE 19, 1918. 649 Mr. O'Connell then asked unanimous consent to make a state- ment. Objection was made by Mr. Underbill of Somerville. The proposal was then rejected. The Resolution providing for home rule for cities and towns Municipal (Doc. No. 99, so much thereof as relates to the power of taxation - municipalities to "classify property for taxation at varying rates" and to "exempt any class of property from taxation") was considered; and the proposal was rejected, as recommended by the committee on Taxation. Resolutions To provide for local self-government by muncipalities (Doc. Municipal NO. 228); and home rule. Relative to granting power to cities and towns to authorize Lord's Day, athletic contests on the Lord's Day (Doc. No. 225) ; ^ 8 etic con ' Were severally considered; and the proposals were severally rejected, as recommended by the committee on Municipal Gov- ernment. The Resolution relative to prohibiting the granting of special Special privileges to individuals, corporations or associations (Doc. No. pnvileges> 105) was considered; and the proposal was rejected, as recom- mended by the committee on Public Affairs. The Resolution relative to the revocation or alteration of Franchises, grants, franchises, privileges or immunities (Doc. No. 103) was revocation. considered, the question being on the rejection of the proposal, as recommended by the committee on Public Affairs. After debate Mr. Creamer of Lynn moved that the resolution Mr. Creamer, be amended by striking out lines 4, 5 and 6, and inserting in -amendment. place thereof the following paragraph: "Every act of incorporation, charter or franchise shall forever remain subject to revocation and amendment." Mr. Clapp of Lexington moved that the amendment be Mr. ciapp, amended by adding at the end thereof the words "by the amendment. general court". After debate the previous question was ordered, on motion Previous of Mr. Chandler of Somerville. question ' After further debate the amendment moved by Mr. Clapp was rejected, by a vote of 77 to 88; and the amendment moved by Mr. Creamer was adopted. The rejection of the proposal was negatived; and the resolu- Rejection tion, as amended, was placed in the Orders of the Day for the "P*"* 1 ** 1 next session for a second reading. Resolutions Relative to limiting the granting of franchises to terms of Granting of twenty-five years (Doc. No. 250); Relative to empowering cities and towns to acquire, own and operate public utilities (Doc. No. 101); Relative to the public ownership and operation of street rail- ways (Doc. No. 246); and 650 JOURNAL OF THE CONVENTION, Gas and electric plants. Homes for citizens. Mr. Quincy, - amendments. Similar resolution. Recess. Quorum. Mr. Ferry, amendment. Motion to commit. Mr. Kilbon, amendment. Previous question. Mr. Quincy, - amendments rejected. To provide for municipal ownership of plants for the manu- facture, use and sale of gas and electricity (Doc. No. 241); Were severally considered; and the proposals were severally rejected, as recommended by the committee on Public Affairs. The Resolution to extend the power of the Commonwealth to provide homes for citizens (Doc. No. 320) was read a second time. Mr. Quincy of Boston moved that the resolution be amended by striking out, in line 4, the words "general court shall have power to authorize the"; and by inserting after the word "thereof", in line 5, the words "may be authorized by law". At the request of Mr. Mahoney of Boston, there being no objection, the Resolution empowering the General Court to authorize cities and towns to take land for providing homes for citizens (Doc. No. 324) was placed next in order for considera- tion, because of similarity of subject-matter. At two minutes before one o'clock, on motion of Mr. Kilbon of Springfield, a recess was taken until two o'clock; at which hour the Convention reassembled, with Mr. Pillsbury in the chair. The Chair requested the Sergeant-at-Arms to secure the attend- ance of a quorum. On the appearance of a quorum, and after debate, Mr. Ferry of Northbridge moved that the resolution be amended by strik- ing out, in line 6, the word " , lease". After further debate Mr. Johnson of Worcester moved that the resolution be referred to the committees on Public Affairs and Social Welfare, sitting jointly; and this motion, after debate, was negatived. Mr. Kilbon of Springfield moved that the resolution be amended by the substitution of the provisions of a Resolution empowering the General Court to authorize cities and towns to take land for providing homes for citizens (printed as Doc. No. 324). After further debate the previous question was ordered, on motion of Mr. Benton of Belmont. On the question on the amendments moved by Mr. Quincy 56 members voted in the affirmative and 85 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Walker of Brookline; and on the roll call 85 members voted in the affirmative and 108 in the negative, as follows: YEAS. Messrs. Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bergengren, Roy F. Bigney, Robert E. , Bodfish, John D. W. Boucher, Joseph Zoel Messrs. Brennan, James H. Callahan, Timothy F. Coleman, George W. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Cummings, John W. Daly, John W. Dean, Robert A. WEDNESDAY, JUNE 19, 1918. 651 Messrs. Dellinger, Raymond P. Derbyshire, James H. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. Glazier, Frederick P. Green, Thomas H. Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Kelly, Luke L. Kilbon, John L. Lane, Dwight F. Leboeuf , Telesphore Love, Joseph A. Lowell, James A. Lynch, John C. Maguire, James E. Mahoney, John J. Mansfield, John J. Marshall, Daniel J. Messrs. Balch, Francis N. Ballantyne, John Bartlett, Horace I. Bassett, Edmund Bennett, Frank P. Benton, Everett C. Besse, Harold A. Bicknell, Wallace H. Blackmur, Paul R. Bols.ter, Percy G. Bouve", Walter L. Boyer, Elmer E. Broderick, Patrick S. Brown, E. Gerry Bryant, Lincoln Bullock, William J. Burns, William A. Burrell, Fred J. Butler, A. Webster Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Clapp, Robert P. Clark, Ezra W. Codman, James M., Jr. Collier, David R. Collins, Samuel I. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Messrs. Martin, Martin L. McAnarney, John W. McCarthy, Charles F. McKeon, Francis P. Merrill, George Frye Moran, William Merrill, Charles H. Moynihan, James J. Murley, Joseph J. Nestor, Patrick F. Newton, H. Huestis O'Connell, Joseph F. O'Connor, John D. Peterson, Patrick Quincy, Josiah Ray, Herbert L. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Talbot, Harry R. TheUer, Ralph L. Thompson, Edward Walker, George Walker, Joseph Webster, Francis E. Webster, George P. Wonson, Carlton W. NAYS. Messrs. Crafts, Lyman A. Creed, James F. Crossley, William Cyril Curtis, Arthur B. Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, Elbridge G. Davis, William R. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farns worth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fraser, Eugene B. Frost, Archie N. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Greenwood, Hamlet S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. 652 JOURNAL OF THE CONVENTION, Adjournment. Messrs. Kerr, Alexander Kinney, William S. Lane, Daniel W. Langelier, Louis F. R. Larson, Charles G. Lomasney, Martin M. Look, William J. Loring, Augustus P. Luce, Robert Lyman, Frank E. MacMaster, Edward A. Mancovitz, David McLaud, Abner S. Merriam, John M. Montague, David T. Moore, Charles D. C. Newhall, Arthur N. Nutting, Edward H. Parkman, Henry Pillsbury, Albert E. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Messrs. Robbins, Edward J. Saunders, Amos T. Scigliano, Alfred P. Shanahan, William J. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Sullivan, Edmund G. Sweet, Joseph L. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Williams, Fred Homer Winslow, Guy M. Wood, Charles J. 85 yeas; 108 nays. Therefore the amendments moved by Mr. Quincy were rejected. Pending the question on the amendment moved by Mr. Ferry, At twenty-four minutes before five o'clock, under the provi- sions of a standing order requiring adjournment at half-past four o'clock, the Chair (Mr. Pillsbury of Wellesley) declared the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. THURSDAY, JUNE 20, 1918. 653 THURSDAY, June 20, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. John L. Kilbon of Springfield, a member of the Convention. Form of Proposed Amendments of the Constitution. The consideration of the following order, offered by Mr. Quincy of Boston, was postponed until the next session, at the request of that member: Ordered, That the committee on Form and Phraseology be Proposed requested to report any proposed amendments to the Constitu- tion referred to it in such form as will not be inconsistent with with the the provisions of the Article of Amendment relative to the Initiative and popular initiative and referendum, as finally passed by the referendum - Convention for submission to the people, in respect to the classes of measures which are included within, and the classes of measures which are excluded from, the operation of the said amendment. , Discharged from the Orders of the Day. The Convention having proceeded to the consideration of the Advertising Orders of the Day, Mr. Richardson of Newton moved, there being no objection, that the Resolution to provide for the regu- lation of advertising in public places (Doc. No. 53) be discharged therefrom; and this motion prevailed. Pending the question on the rejection of the proposal, as recommended by the committee on Social Welfare, the further consideration of the resolution was postponed until to-morrow, first in the Orders of the Day, on further motion of the same member. Orders of the Day. The Resolution to provide for true, complete and accurate Taxation, returns of all personal properties which may be subject to taxa- tion (Doc. No. 295) was considered; and the proposal was re- jected, as recommended by the committee on Taxation. The Resolution relative to the arrangement of districts for the Senatorial election of members of the Senate (Doc. No. 170) was consid- districts - ered; and the proposal was rejected, as recommended by the committee on The General Court. Resolutions Relative to ascertaining the qualifications of candidates for Candidate offices to be voted for by the people (Doc. No. 129); and 654 JOURNAL OF THE CONVENTION, State election, date. County officials, manner of choice. Elected officers, removal. State and county officers, recall. Relative to the date for holding the annual state election (Doc. No. 14); Were severally considered; and the proposals were severally rejected, as recommended by the committee on Suffrage. The Resolution relative to the manner of choice of district attorneys, clerks of courts, registers of probate and sheriffs (Doc. No. 71) was considered; and the proposal was rejected, as rec- ommended by the committee on County and District Govern- ment. The Resolution relative to the removal of certain elected offi- cers (Doc. No. 167) was considered; and the proposal was re- jected, as recommended by the committee on the Executive. The Resolution authorizing the General Court to pass laws providing for the recall of state and county officers (Doc. No. 121) was considered; and the proposal was rejected, as recom- mended by the committee on State Administration. Homes for citizens. Voting on amendments. Homes for citizens. Quorum. Mr. Bennett, amendment. Previous question. The Resolution to extend the power of the Commonwealth to provide homes for citizens (Doc. No. 320), being the un- finished business of the preceding session, was considered fur- ther, the main question being on ordering it to a third reading. The amendment previously moved by Mr. Ferry of North- bridge was rejected; and the amendment previously moved by Mr. Kilbon of Springfield (that the resolution be amended by the substitution of the provisions of a Resolution empowering the General Court to authorize cities and towns to take land for pro- viding homes for citizens, printed as Doc. No. 324) was adopted, by a vote of 52 to 48. The resolution, as thus amended, was then ordered to a third reading, by a vote of 60 to 51. The Resolution empowering the General Court to authorize cities and towns to take land for providing homes for citizens (Doc. No. 324) was read a second time. After debate Mr. Brown of Brockton asked for a count of the Convention, to ascertain if a quorum was present. A count showed that 144 members were present; and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. Mr. Sullivan of Salem moved that the roll of the Convention be called; and this motion was negatived. On the appearance of a quorum Mr. Bennett of Saugus moved that the resolution be amended by striking out, in lines 6, 7 and 8, the words ", and, under such provisions and regulations as the general court may establish or approve, to lease or rent". After further debate the previous question was ordered, on motion of Mr. Underhill of Somerville. The amendment was then rejected, by a vote of 27 to 82; and the proposal was rejected. THURSDAY, JUNE 20, 1918. 655 The Resolution requiring publicity as to food kept in cold Food, cold storage (Doc. No. 106) was considered; and the proposal was storage - rejected, as recommended by the committee on Public Affairs. The Resolution relative to industrial rights and social justice industrial (Doc. No. 248) (accompanying the petition of Conrad Reno) was IJffi justice considered. The committee on Public Affairs having reported recommend- ing that the petitioner have leave to withdraw, the report was accepted; and the proposal was rejected. I The Resolution to prevent the granting of special privileges Special and creating class distinction among the people of this Common- anJcfas? wealth (Doc. No. 308) was read a second time. distinctions. Mr. George of Haverhill moved that the resolution be amended Mr. George, by striking out lines 4 to 17, inclusive, and inserting in place ai thereof the following paragraph: " In order to prevent those who are vested with authority from becoming oppressors, the people have a right, at such periods and in such manner as they shall establish by their frame of government, to cause their public officers to return to private life; and to fill up vacant places by certain and regular elections and appointments; and no public official or public employee upon retirement, excepting soldiers and sailors and those receiving in- juries resulting from dangerous and hazardous employments, shall receive any pension, gratuity or annuity for services already rendered, unless and until a system of civil pensions has been approved by a majority of the voters of the commonwealth voting thereon at a regular state election." After debate Mr. Kinney of Boston moved that the resolution Mr. Kinney, be amended by striking out, in lines 4 to 10, inclusive, the words amendment - "In order to prevent those who are vested with authority from becoming oppressors, the people have a right, at such periods and in such manner as they shall establish by their frame of government, to cause their public officers to return to private life; and to fill up vacant places by certain and regular elections and appointments; and". Mr. Underbill of Somerville moved that the resolution be Mr. Underbill, amended by striking out, in lines 13 and 14, the words "one -amendment, thousand", and inserting in place thereof the words "six hun- dred". Mr. Washburn of Middleborough moved that the resolution be Motion to recommitted to the committee on Bill of Rights; and this recommit - motion, after debate, was negatived. Mr. Sullivan of Salem moved that the resolution be amended gJjj^^L. .- by inserting after the word "town", in line 12, the words "or amendment, any other political subdivision of the commonwealth". At one o'clock, under the provisions of a standing order, the Recess. President declared a recess until two o'clock; at which hour the Convention reassembled. Mr. Dutch of Winchester doubted the presence of a quorum; Quorum. and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. 656 JOURNAL OF THE CONVENTION, Mr. Glazier, - amendments. Mr. Dutch, amendment. Mr. Bouv6, amendments. Mr. E. G. Sullivan, amendment. Previous question. Amendments rejected. Social insurance. On the appearance of a quorum, and after debate, Mr. Glazier of Hudson moved that the resolution be amended by striking out, in lines 13 and 14, the words "in amount exceeding the rate of one thousand dollars per annum", and inserting in place thereof the words ", except as may be provided by a contributory system established by the general court"; by inserting before the word "veterans", in line 15, the words "nor to"; and by strik- ing out, in lines 15, 16 and 17, the words "nor to pensions for which such person has contributed according to law". Mr. Dutch of Winchester moved that the resolution be amended by striking out lines 4 to 17, inclusive, and inserting in place thereof the following paragraph : "In order to prevent the granting of special privileges and the creation of class distinctions, pensions or other like emoluments shall be granted to those who have served the commonwealth or any political division thereof only by general law, and, except in case of persons who have contributed toward said pensions or who have been permanently injured in dangerous or hazardous occupations, only when and to the extent that they may be dependent thereon." Mr. Bouve* of Hingham moved that the resolution be amended by inserting before the words "war pensions", in line 15, the word "existing"; and by striking out, in the same line, the words "veterans of the civil war", and inserting in place thereof the words "to war pensions hereafter granted by the general court". Mr. Sullivan of Salem moved that the resolution be amended by striking out, in lines 14 to 17, inclusive, the words "This amendment shall not apply to war pensions, veterans of the civil war nor to pensions for which such person has contributed according to law ", and inserting in place thereof the words "This amendment shall not apply to those who have actively and honorably served in the army or navy of the United States in time of war, nor to pensions for which applicants have con- tributed according to law ". After further debate Mr. Chandler of Somerville moved the previous question. Mr. Creamer of Lynn then moved that the resolution be laid on the table; and this motion, after debate, was negatived. The main question was then ordered. Messrs. Bouve, Underbill and George withdrew the amend- ments moved by them, there being no objection. The amendment moved by Mr. Kinney was then rejected, by a vote of 59 to 85; the amendment of line 12, moved by Mr. Sul- livan of Salem, and the amendments moved by Mr. Glazier were severally rejected; the remaining amendment moved by Mr. Sullivan was rejected, by a vote of 49 to 88; and the amendment moved by Mr. Dutch was rejected. The resolution was then ordered to a third reading, by a vote of 135 to 12. The report of the committee on Social Insurance, submitting certain conclusions and resolutions (Doc. No. 327), was con- sidered. THURSDAY, JUNE 20, 1918. 657 Mr. Washburn of Worcester moved that the report be amended ^ gn ^ u ? n _ (in part) by the substitution of a Resolution relative to the amendment. establishment of systems of social insurance (Doc. No. 382). After debate (Mr. Creed of Boston being in the chair) Mr. Gleason of Andover moved that the Convention adjourn; and this motion prevailed. Accordingly, at twenty-three minutes past four o'clock (Mr. Adjournment. Creed being in the chair) the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. 658 JOURNAL OF THE CONVENTION, FRIDAY, June 21, 1918, Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. John L. Kilbon of Springfield, a member of the Convention. Privileges of the club house of the Boston City Club. Invitation of the Boston City Club. A communication, signed by the secretary of the Executive Committee of the Boston City Club, renewing its invitation to the members of the Convention to avail themselves of the priv- ileges of the club house during the term of the Convention session, was read; and it was placed on file. On motion of Mr. Bryant of Milton, Voted, That the thanks of the Convention be extended to the officials of the Boston City Club for their courtesy. Louis A. Coolidge. Stenographic 1 reports of f'l certain debates, printing. Proposed amendment of Rule 49. Leave of Absence. On motion of Mr. Edwin U. Curtis of Boston, Ordered, That Mr. Coolidge of Milton be granted leave of absence, under Rule 13, until Thursday, June 27, on account of duties at Washington, D. C., in connection with the ship-building labor adjustment board. Printing of Reports of Certain Debates. Mr. Hall of Taunton, for the committee on Rules and Pro- cedure, to whom was referred the following order (offered by Mr. Bosworth of Springfield on June 19), reported recommending that the same be not adopted: Ordered, That the stenographic report of future debates upon all matters favorably acted upon, be printed for the use of the delegates, if possible before the next reading; and that members desiring to revise their remarks be required to return the copies thereof promptly to the doorkeeper. The order was considered forthwith; and it was rejected, as recommended by the committee. Proposed Amendment of Rule 49. Mr. Underhill of Somerville, for the committee on Rules and Procedure, to whom was referred the following motion (made by Mr. Underhill on June 13), reported recommending that the same be not adopted: That Rule 49 be amended by striking out the word "forty", and inserting in place thereof the word "fifty", so as to read as follows: "49. On all questions the sense of the Convention FRIDAY, JUNE 21, 1918. 659 shall be taken by yeas and nays, provided fifty members so require. No member shall be allowed to vote who enters the Convention after the vote is declared. The names of the mem- bers shall be called in alphabetical order." The motion was considered forthwith; and it was rejected, as recommended by the committee. Proposal to Amend the Constitution. Mr. Powers of Newton, for the committee on Rules and Pro- Milk dealers, cedure, to whom was referred the motion (made by Mr. Sawyer of Ware on June 13) to suspend Rule 35 on the Resolution giving the General Court power to enact legislation to require that per- sons, firms, associations or corporations dealing in milk or cream shall give a bond for prompt payments for milk and cream to the producer thereof, reported recommending that said rule be not suspended. The motion was considered forthwith; the Convention refused to suspend Rule 35; and the resolution was placed on file. Report of a Special Committee. Mr. Churchill of Amherst, for the special committee appointed Public during the recess (under authority given the President by an uniform order adopted on November 27, 1917) "charged with the duty of making certain that the world war had revealed no consti- tutional problems for the consideration of our Convention that were not already before it," reported, under Rule 25, a Reso- lution relative to uniform standards of instruction for public education (Doc. No. 385) [Messrs. Morton of Fall River, Lomasney of Boston and Edwin U. Curtis of Boston dis- senting.] The resolution was read; and it was placed in the Orders of the Day for the next session for a second reading. Form of Proposed Amendments of the Constitution. The following order, offered by Mr. Quincy of Boston, the consideration of which was postponed from the preceding session, was considered : Ordered, That the committee on Form and Phraseology be proposed requested to report any proposed amendments to the Constitu- tion referred to it in such form as will not be inconsistent with with the the provisions of the Article of Amendment relative to the f^tiative and popular initiative and referendum, as finally passed by the referendum. Convention for submission to the people, in respect to the classes of measures which are included within, and the classes of measures which are excluded from, the operation of the said amendment. Mr. Quincy moved that the order be referred to the com- mittee on Rules and Procedure; and this motion prevailed. 660 JOURNAL OF THE CONVENTION, Orders of the Day, calling of the Calendar. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The President proceeded to the calling of the Calendar, in accordance with a vote previously passed; whereupon Mr. Anderson of Newton moved that the calling of the Cal- endar be dispensed with, and that the Convention proceed to the consideration of the Orders of the Day in order; and this motion, after debate, was negatived. Representative districts. Clerks of courts. Resolution relative to prohibiting the manufacture and sale of intoxicating liquors containing more than twenty-five per cent of alcohol (Doc. No. 221) was considered; and the proposal was rejected, as recommended by the committee on the Liquor Traffic. The Resolution relative to the method of apportionment of Representatives to the General Court (Doc. No. 181) (accom- panying the petition of Martin Hays) was considered. The committee on The General Court having reported recom- mending that the petitioner have leave to withdraw, the report was accepted; and the proposal was rejected. The Resolution relative to the selection of clerks of courts by the justices thereof (Doc. No. 215) was considered; and the pro- posal was rejected, as recommended by the committee on the Judiciary. Discrimination phe Resolution to prohibit discrimination on account of sex on account . . i i i i> /~r\ -VT /->o\ of sex. in connection with business and professions (Doc. No. 68) was considered; and the proposal was rejected, as recommended by the committee on Bill of Rights. The report of the committee on Social Insurance, submitting certain conclusions and resolutions (Doc. No. 327), being the unfinished business of the preceding session, was considered further. Mr. Bodfish of Barnstable moved that the report be amended (in part) by the substitution of a Resolution to empower the General Court to establish systems of pensions, compensation or insurance (Doc. No. 378), which was read. After debate Mr. O'Connell of Boston asked for a count of the Convention, to ascertain if a quorum was present. A count showed that 121 members were present; and the President re- quested the Sergeant-at-Arms to secure the attendance of a quorum. On the appearance of a quorum, and after debate (Mr. Newton of Everett being in the chair), Mr. Dresser of Worcester moved that the report be amended (in part) by the substitution of a Resolution to establish systems of social insurance (Doc. No. 383), which was read. After further debate Mr. Brown of Brockton moved that the amendment previously moved by Mr. Washburn of Worcester Social insurance. Mr. Bodfish, amendment. Quorum. Mr. Dresser, amendment. Mr. Brown, - amendment. FRIDAY, JUNE 21, 1918. 661 (that the report be amended, in part, by the substitution of a Resolution relative to the establishment of systems of social insurance, Doc. No. 382) be amended by striking out, in line 4, the words "social insurance, including". Mr. Brown also moved that the amendment moved by Mr. Mr. Brown, Dresser be amended by striking out in lines 12 to 18, inclusive, ai the words ", payable from or provided by a fund or funds or system or systems of insurance created and administered by public or by private agencies, and consisting of contributions or premiums paid by the commonwealth, by any civil division thereof, by employers, by the persons to be benefited or insured, or by any combination thereof." At one o'clock, under the provisions of a standing order, the Recess. Chair (Mr. Newton) declared a recess until two o'clock; at which hour the Convention reassembled, with the President in the chair. Mr. Boucher of New Bedford doubted the presence of a quo- Quorum. rum; and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. Mr. Bodfish of Barnstable moved that the Convention resolve Committee of itself into Committee of the Whole, for the purpose of considering tl the pending matter; and this motion was negatived. Mr. Gleason of Andover moved that the roll of the Convention be called; and this motion prevailed. The roll was then called; and 165 members answered to their names, as follows : Messrs. Adams, Brooks Adams, Scott Adams, Smith J. Anderson, Frederick L. Aylward, James F. Ballantyne, John Bangs, Francis R. Barnes, Clarence A. Bartlett, Horace I. Bassett, Edmund Bates, John L. Bauer, Ralph S. Besse, Harold A. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoe'l Bouve*, Walter L. Boyer, Elmer E. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bryant, Lincoln Buck, Maurice A. Bullock, William J. Burrell, Fred J. Butler, A. Webster Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Messrs. Clapp, Robert P. Clark, Ezra W. Codman, James M., Jr. Coleman, George W. Collins, Samuel I. Coombs, Zelotes W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Craven, John H. Creamer, Walter H. Creed, James F. Cummings, John W. Curtis, Edwin U. Curtiss, Elmer L. Daley, Peter Daly, John W. Dean, Robert A. Delano, Robert T. Derbyshire, James H. Doe, Orestes T. Donnelly, James P. Donovan, Daniel R. Donovan, James A. Donovan, Thomas F. Doran, James P. Dresser, Frank F. Driscoll, Dennis D. Driscoll, Timothy J. Dutch, Charles Frederick Farnsworth, Frank S. 662 JOUBNAL OF THE CONVENTION, Messrs. Ferry, James R. Flaherty, William Fraser, Eugene B. Gartland, John J. Gates, Joseph S. George, Samuel W. Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Green, Thomas H. Hale, Edward R. Hall, Frederick S. Hall, Isaac Freeman Harding, Clarence W. Harriman, Arthur N. Hart, Albert BushneU Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Kelley, George W. Kelly, Luke L. Kenefick, Thomas W. Kilbon, John L. Lane, Dwight F. Langelier, Louis F. R. Larson, Charles G. Leonard, Joseph J. Lomasney, Martin M. Loring, Augustus P. Lowell, James A. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mansfield, John J. Marshall, Daniel J. McAnarney, John W. McCormack, John W. McKeon, Francis P. McLaud, Abner S. Merrill, George Frye Michelman, Joseph MitcheU, Charles Moore, Charles D. C. Moran, William Morrill, Charles H. Morton, James M. Moynihan, James J. Murley, Joseph J. Messrs. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'ConneU, John P. O'Connell, Joseph F. Parker, Herbert Parkman, Henry Peterson, Patrick PiUsbury, Albert E. Powers, Samuel L. Quinn, Timothy F. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Saunders, Amos T. Sawyer, Roland D. Shanahan, William J. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Smith, Jerome S. Sparrell, Ernest H. Stoneman, David Sullivan, Edmund G. Sullivan, William H. Sullivan, William J. Sweet, Joseph L. Talbot, Harry R. TheUer, Ralph L. Thompson, Edward Thompson, John L. Tilton, Rufus H. Turner, Joseph Underhill, Charles L. Walker, George Walker, Joseph Washburn, Albert H. Washburn, Charles G. Waterman, George B. White, John A. Whittier, Eugene P. Willett, George Franklin Williams, Fred Homer Wilson, William H. Wing, Herbert Winslow, Guy M. Wonson, Carlton W. Wood, Charles J. Mr. W. H. Sullivan, amendment. Previous question. Quorum. Therefore it appeared that a quorum was then present. After debate Mr. William H. Sullivan of Boston moved that the amendment moved by Mr. Dresser be amended by striking out, in line 8, the word "and", and inserting in place thereof the word "or". After further debate Mr. Sawyer of Ware moved the previous question; and this motion, after debate, was adopted. The first amendment move by Mr. Brown of Brockton was then rejected. Mr. John W. Daly of Lowell doubted the presence of a quo- rum. A count of the Convention showed that 165 members were present. FRIDAY, JUNE 21, 1918. 663 The amendment previously moved by Mr. Washburn of Resolution Worcester was then adopted, by a vote of 98 to 41 ; and the Sl resolution (Doc. No. 382) was read, and it was placed in the Orders of the Day for the next session for a second reading. The amendment moved by Mr. Bodfish was rejected, by a vote of 42 to 100. Mr. Brown then withdrew the remaining amendment moved by him, there being no objection. The amendment moved by Mr. Sullivan was rejected, by a vote of 51 to 74; and the amendment moved by Mr. Dresser was rejected. The Resolution to provide for the regulation of advertising Advertising in in public places (Doc. No. 53) was considered, the question being public places - on the rejection of the proposal, as recommended by the com- mittee on Social Welfare. Mr. Kelley of Rockland moved that the resolution be amended Mr. G. w. by striking out lines 1 to 6, inclusive, and inserting in place SSlnlnt. thereof the following: "Resolved, That it is expedient to amend the Constitution by the adoption of the subjoined article of amendment: Full power and authority are hereby given and granted to the general court to enact laws regulating and restricting advertising on public highways, in public places, and on private property within public view." Mr. Dutch of Winchester moved that the resolution be Mr. Dutch, amended by the substitution of a Resolution to provide for the amendmen t- regulation of advertising in public places (Doc. No. 381), which was read. After debate Mr. White of North Brookfield moved that the Convention adjourn; and this motion prevailed. Accordingly, at twenty-seven minutes past four o'clock, the Adjournment. Convention adjourned, to meet on Tuesday next at half-past ten o'clock A.M. 664 JOURNAL OF THE CONVENTION, TUESDAY, June 25, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Francis E. Webster of Waltham, a member of the Convention. Louis Edwin Flye. James P. Richardson. John W. McCormack. William Cyril Crossley. James Logan. Eugene B. Fraser. John M. Merriam. S. Hamilton Coe. Leave of Absence. On motion of Mr. Cox of Boston, Ordered, That Mr. Flye of Holbrook be granted leave of ab- sence, under Rule 13, for the present week, because of engage- ments of urgent importance outside the Commonwealth. On motion of Mr. Winslow of Newton, Ordered, That Mr. Richardson of Newton be granted leave of absence, under Rule 13, until July 3, on account of urgent engagements outside the Commonwealth. On motion of Mr. Moynihan of Boston, Ordered, That Mr. McCormack of Boston be granted leave of absence, under Rule 13, he having entered the military service of the United States. On motion of Mr. Barker of Fall River, Ordered, That Mr. Crossley of Fall River be granted leave of absence, under Rule 13, for the current week, because of business in Washington. On motion of Mr. Hobbs of Worcester, Ordered, That Mr. Logan of Worcester be granted leave of absence, under Rule 13, until July 1, because of absence from the Commonwealth in connection with business of the national government. On motion of Mr. Moore of Swampscott, Ordered, That Mr. Fraser of Lynn be granted leave of absence, under Rule 13, during such part of the present week as his duties as chairman of the Lynn War Savings Stamp Drive may require. On motion of Mr. Corrigan of Natick, Ordered, That Mr. Merriam of Framingham be granted leave of absence, under Rule 13, from time to time, on account of duties in connection with a local draft-exemption board. On motion of Mr. Coombs of Worcester, Ordered, That Mr. Coe of Worcester be granted leave of absence, under Rule 13, to and including Wednesday, July 3, because of illness. TUESDAY, JUNE 25, 1918. 665 Printing of Certain Bulletins. The following order, offered by Mr. Luce of Waltham, was referred, under the provisions of a standing order, to the com- mittee on Rules and Procedure: Ordered, That there be printed five hundred copies of the Bulletins of bulletins on "Special Legislation", "The Amendment of State i^ Constitutions", and " The Removal of Judges in Massachusetts", prepared by the commission appointed to compile information and data for the Convention. Request to Take a Resolution from the Files. Mr. Harriman of New Bedford asked unanimous consent that Supreme the Resolution relative to extending the application of the de- cisions of the Supreme Judicial Court as to the police power, so-called (Doc. No. 3) (the committee on the Executive having P ower reported the same without recommendation, which report was accepted on June 14), be taken from the files and placed in the Orders of the Day. Objection was made by Mr. Pillsbury of Wellesley. Discharged from the Orders of the Day. On motion of Mr. Newton of Everett the Resolution providing Equal for equal suffrage for men and women (Doc. No. 130) was dis- suffrage - charged from the Orders of the Day, under Rule 39, and con- sidered; and the proposal was rejected, as recommended by the committee on Suffrage. On further motion of Mr. Newton the Resolution to provide id. for equal rights of suffrage for all citizens regardless of sex (Doc. No. 284) was discharged from the Orders of the Day, under Rule 39, and considered; and the proposal was rejected, as recom- mended by the committee on Suffrage. On motion of Mr. Underbill of Somerville the Resolution intoxicating relative to the prohibition of the manufacture, sale, keeping for state'" sale, importation, transportation and exportation of intoxicating prohibition. liquors (Doc. No. 98) was discharged from the Orders of the Day, under Rule 39. The resolution was read a second time; and the Convention refused to order it to a third reading. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. Resolutions For a special tax to provide pensions for the aged and ne'edy Pensions, (Doc. No. 52); speci!ilto - To provide for the single tax upon land values (Doc. No. 293); Land values, and -single tax. Relative to taxation of real estate and incomes (Doc. No. Real estate and incomes. Were severally considered; and the proposals were severally rejected, as recommended by the committee on Taxation. 666 JOURNAL OF THE CONVENTION, Voters, qualifications. School teachers, leave of absence with pay. Advertising in public places. Previous question. Action on amendments. State insurance. Safe construction of buildings, etc. Hours of labor. Mr. Joseph Walker, amendment. Mr. Balch, amendment. The Resolution relative to the qualifications of voters (Doc. No. 286) was considered; and the proposal was rejected, as recommended by the committee on Suffrage. The Resolution relative to leave of absence with pay for teachers in the public schools (Doc. No. 72) was considered; and the proposal was rejected, as recommended by the committee on Education. The Resolution to provide for the regulation of advertising in public places (Doc. No. 53), being the unfinished business of the preceding session, was considered further, the main question being on the rejection of the proposal, as recommended by the committee on Social Welfare. After debate, at one o'clock, under the provisions of a standing order, the Chair (Mr. Stoneman of Boston) declared a recess until two o'clock; at which hour the Convention reassembled, with the President in the chair. After debate the previous question was ordered, on motion of Mr. Bauer of Lynn. Mr. Kelley of Rockland then withdrew the amendment pre- viously moved by him, there being no objection; and the amendment previously moved by Mr. Dutch of Winchester (that the resolution be amended by the substitution of a Resolu- tion to provide for the regulation of advertising in public places, Doc. No. 381) was adopted. Rejection of the proposal was then negatived; and the sub- stituted resolution was placed in the Orders of the Day for the next session for a second reading. The Resolution to provide for state insurance (Doc. No. 319) was read a second time; and after debate the proposal was rejected, by a vote of 36 to 82. Mr. Brown of Brockton moved that the vote be reconsidered; and this motion, under the rule, was placed first in the Orders of the Day for the next session. The Resolution to insure safe construction in this Common- wealth (Doc. No. 218) (accompanying the petition of the Massa- chusetts State Branch of the American Federation of Labor) was considered. The committee on Labor having reported recommending that the petitioner have leave to withdraw, the report was accepted; and the proposal was rejected. The Resolution authorizing the General Court to pass laws regulating and restricting the hours of labor (Doc. No. 336) was read a second time. Mr. Walker of Brookline moved that the resolution be amended by adding at the end thereof the words "and estab- lishing a minimum wage". After debate (Mr. White of North Brookfield being in the chair) Mr. Balch of Boston moved that the resolution be amended by striking out, in lines 3 and 4, the words "regulating and restricting the hours of labor", and inserting in place thereof the words "establishing a minimum wage". TUESDAY, JUNE 25, 1918. 667 The President having returned to the chair, the question was put on the amendment moved by Mr. Walker; and 68 members voted in the affirmative and 42 in the negative. Mr. Cox of Boston raised the point of order that a quorum was Quorum, not present. A count of the Convention showed that 129 mem- bers were present. Mr. Cox then moved that the Convention adjourn; and pend- ing the question on this motion, there being no objection Mr. Luce of Waltham offered the following resolutions, which were read: Victory of the Italian Army. Whereas, We learn with keenest joy of the glorious victory Victory of the achieved by the Italian army over our common foe; be it Resolved, That we felicitate our fellow-citizens of Italian birth upon the valor of their brothers, and that we congratulate the people of Italy upon the prospect of driving the invader not only from the soil he has of late usurped but also from every inch that ought to be under Italian sway; and be it further Resolved, That we express our profound gratitude for this omen of speedy and complete triumph for the cause that has allied the oldest and the youngest of the nations of the earth against the powers of autocracy and barbarism. After remarks by Mr. Luce the resolutions were unanimously adopted. At twenty-eight minutes before five o'clock, under the pro- Adjournment, visions of a standing order requiring adjournment at half-past four o'clock, the President declared the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. 668 JOURNAL OF THE CONVENTION, WEDNESDAY, June 26, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Roland D. Sawyer of Ware, a member of the Convention. Joseph C. Pelletier. Leave of Absence. On motion of Mr. Stoneman of Boston, Ordered, That Mr. Pelletier of Boston be granted leave of absence, under Rule 13, until July 2, because of illness. Session on Monday, July 1; adjournment July 3 to 9. Schedule of Sessions for Next Week. The consideration of the following order, offered by Mr. Luce of Waltham, was postponed until the next session, at the request of that member: Ordered, That, when the Convention adjourns on Friday, June 28, it shall be to meet at 10.30 o'clock Monday, July 1; and that when it adjourns on Wednesday, July 3, it shall be to meet Tuesday^ July 9, at 10.30 o'clock A.M. Certain committees, sittings. Sittings of Certain Committees. Mr. Quincy of Boston offered the following order: Ordered, That the committees on State Administration and the Executive (sitting jointly) be authorized to sit during the sessions of the Convention. After debate the order was adopted. Proposals to amend the Constitution, printing of text. Supreme Judicial Court, decisions as to the police power. Printing of Text of Pending Amendments. The following order, offered by Mr. Hart of Cambridge, was referred to the committee on Rules and Procedure, on motion of Mr. Sawyer of Ware : Ordered, That the text of pending amendments to the Con- stitution and of amendments proposed thereto be printed in the Calendar from day to day for convenient consultation. Request to Take a Resolution from the Files. Mr. Adams of Quincy asked unanimous consent that the Res- olution relative to extending the application of the decisions of the Supreme Judicial Court as to the police power, so-called (Doc. No. 3) (the committee on the Executive having reported the same without recommendation, which report was accepted on June 14), be taken from the files and placed in the Orders of the Day. Objection was made by Mr. Horgan of Boston. WEDNESDAY, JUNE 26, 1918. 669 Application of Certain Court Decisions. Mr. Sawyer of Ware presented a Resolution relative to the Supreme application of the decisions of the Supreme Judicial Court as to decisions 1 "*' the police power, so-called. The same member moved that p 8 {* h ower Rule 35 be suspended; and this motion was referred, under P * Rule 56, to the committee on Rules and Procedure. Motion to Reconsider. Mr. Sawyer of Ware moved that the vote be reconsidered by Equal which the Convention, at the preceding session, rejected the pro- suffrage. posal embodied in the Resolution providing for equal suffrage for men and women (Doc. No. 130). The same member then moved that the further consideration of the motion to reconsider be postponed until Friday next; and this motion, after debate, was negatived, by a vote of 32 to 74. The motion to reconsider was also negatived. . Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution relative to prohibiting the use of party desig- primaries and nations in certain primaries and elections (Doc. No. 288) was ^^ w> ~ considered; and the proposal was rejected, as recommended by designations. the committee on Suffrage. The Resolution providing for the election of the members of Public Service the Public Service Commission (Doc. No. 271) was considered; ?Sfot n ' and the proposal was rejected, as recommended by the com- mittee on State Administration. The motion of Mr. Brown of Brockton, that the vote be re- state considered by which the Convention, at the preceding session, insurance - refused to order to a third reading the Resolution to provide for state insurance (Doc. No. 319), was withdrawn by that member, there being no objection. The Resolution authorizing the General Court to pass laws Hours of regulating and restricting the hours of labor (Doc. No. 336), labor> being the unfinished business of the preceding session, was con- sidered further, the main question being on ordering it to a third reading. On the question on the adoption of the amendment previously moved by Mr. Walker of Brookline 56 members voted in the affirmative and 52 in the negative. Mr. Williams of Brookline raised the point of order that a Quorum. quorum was not present. A count of the Convention showed that 131 members were present; and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. On the appearance of a quorum, and after debate, the pre- Previous vious question was ordered, on motion of Mr. Chandler of ( * uestl D Somerville. 670 JOURNAL OF THE CONVENTION, Action on amendments. Employees, one day's rest in seven. Motion to postpone. Natural resources. Historical and antiquarian property. Mr. Clapp, amendment. Previous question. Taking of land. Regulation of nuisances; construction of buildings. Mr. Clapp, amendment. The amendment previously moved by Mr. Walker of Brook- line (adding at the end of the resolution the words "and estab- lishing a minimum wage") was then adopted, by a vote of 103 to 56; and the amendment previously moved by Mr. Balch of Boston was rejected, by a vote of 37 to 107. The resolution, as amended, was then ordered to a third reading, by a vote of 112 to 47. The Resolution authorizing the General Court to enact laws establishing one day's rest in seven for employees (Doc. No. 323) was read a second time. Pending the question on ordering the resolution to a third reading Mr. Mahoney of Boston moved that the further con- sideration thereof be postponed until the next session, first in the Orders of the Day; and this motion, after debate, was negatived. The Convention then refused to order the resolution to a third reading. The Resolution relative to legislative regulation of natural resources (Doc. No. 123) was considered; and the proposal was rejected, as recommended by the committee on State Adminis- tration. The Resolution relative to the preservation and maintenance of property of historical and antiquarian interest (Doc. No. 322) was read a second time. Mr. Clapp of Lexington moved that the resolution be amended by striking out, in lines 5 and 6, the words "general court may authorize the commonwealth or any city or town to take", and inserting in place thereof the words "commonwealth may take or authorize the taking of". After debate the previous question was ordered, on motion of Mr. Bauer of Lynn. The amendment was then rejected; and the resolution was ordered to a third reading. The Resolution extending the purposes for which the Com- monwealth may take land (Doc. No. 116) was considered; and the proposal was rejected, as recommended by the committee on Social Welfare. The Resolution relative to the power of the General Court to regulate smells, sights and sounds and the construction of buildings (Doc. No. 182) was considered, the question being on the rejection of the proposal, as recommended by the committee on Social Welfare. After debate (Mr. Williams of Brookline being in the chair) Mr. Clapp of Lexington moved that the resolution be amended by the substitution of a Resolution relative to the power of the General Court to limit buildings according to their use or con- struction to specified districts of cities and towns (Doc. No. 386), which was read. After further debate Mr. Mahoney of Boston moved that a recess be taken until two o'clock; and this motion prevailed. WEDNESDAY, JUNE 26, 1918. 671 Accordingly, at two minutes before one o'clock, a recess was Recess. taken until two o'clock; at which hour the Convention reas- sembled, with the President in the chair. The amendment moved by Mr. Clapp was then adopted; re- Substitute jection of the proposal was negatived; and the substituted res- resolut ion. olution (Doc. No. 386) was placed in the Orders of the Day for the next session for a second reading. The Resolution relative to the power of the General Court Levying of to impose and levy taxes (Doc. No. 332) was read a second ts time. Mr. Williams of Brookline doubted the presence of a quorum; Quorum, and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. Subsequently Mr. Trefry of Marblehead moved that the roll be called; and this motion prevailed. The roll was then called; and 142 members answered to their names, as follows : Messis. Adams, Brooks Adams, Smith J. Avery, Nathan P. Aylward, Jamete F. Ballantyne, John Barnes, Clarence A. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates, John L. Bauer, Ralph S. Bennett, Frank P. Bicknell, Wallace H. Bigney, Robert E. Bolster, Percy G. Bosworth, Henry H. Boucher, Joseph Zoel Boyer, Elmer E. Broderick, Patrick S. Brooks, George F. Brown, E. Gerry Buck, Maurice A. Burns, William A. Butler, A. Webster Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Clapp, Robert P. Clark, Ezra W. Codman, James M., Jr. Coleman, George W. Collier, David R. Coogan, Clement F. Cook, Rufus H. Coombs, Zelotes W. Corrigan, Robert S. Costello, Francis M. Cox, Guy W. Crafts, Lyman A. Craven, John H. Creamer, Walter H. Creed, James F. Crosby, J. Howell Messrs. Cummings, John W. Curtis, Arthur B. Curtis, Edwin U. Dale, George H. Daley, Peter Davis, William R. Dean, Robert A. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Donovan, Daniel R. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Fitz-Randolph, Reginald T. Flynn, Maurice R. Gartland, John J. Gates, Joseph S. Gay lord, Henry E. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Granfield, William J. Graumann, John Green, Thomas H. Hale, Edward R. Hall, Frederick S. Hamilton, Andrew Foster Hicks, George H. Horgan, Francis J. Johnson, Charles R. Jones, George R. Kelley, George W. Kelly, Luke L. Kenefick, Thomas W. Kilbon, John L. Lane, D wight F. 672 JOURNAL OF THE CONVENTION, Mr. Kinney, amendment. Messrs. Langelier, Louis F. R. Larson, Charles G. Leboeuf , Telesphore Lomasney, Martin M. Love, Joseph A. Lowell, James A. Luce, Robert Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mansfield, John J. McAnarney, John W. McCarthy, Charles F. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, John Moore, Charles D. C. Moran, William Morrill, Charles H. Morton, James M. Moynihan, James J. Nestor, Patrick F. Nutting, Edward H. O'Connell, John J. O'Connor, John D. Messrs. Parkman, Henry Peterson, Patrick Pillsbury, Albert E. Richardson, Edward A Ross, Samuel Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Smith, Jerome S. Stearns, Harry N. Stoeber, Charles Sullivan, Edmund G. Sullivan, William H. Theller, Ralph L. Thompson, John L. Trefry, William D. T. Underbill, Charles L. Walcott, Robert Walker, George Walker, Joseph Washburn, Albert H. White, John A. Whittier, Eugene P. Williams, Fred Homer Wing, Herbert Winslow, Guy M. Adjournment. Therefore it appeared that a quorum was not present. Subsequently the President stated that a quorum was then found to be present. After debate (Mr. Dutch of Winchester being in the chair) Mr. Kinney of Boston moved that the resolution be amended by striking out lines 3 to 12, inclusive, and inserting in place thereof the following: "Full power and authority are hereby given and granted to the general court to impose and levy proportional and reasonable assessments, rates and taxes upon all the inhabitants of, and persons resident and real estate lying within, the said common- wealth; and to impose and levy reasonable taxes upon personal property or upon the income derived therefrom as well as upon incomes derived from professions, trades and employments, which shall be proportional upon property or incomes of the same class, provided that personal property the income from which is taxed may be exempt from other taxes, as well as from duties and excises other than those imposed on licenses, trans- fers, legacies and successions; and in taxing personal property or incomes the general court may grant reasonable exemptions and abatements, may classify personal property and incomes in a reasonable manner, may classify machinery as personal property, and may tax the interest of both owner and mortgagee in mortgaged real estate as real estate either separately or to the owner." After further debate, at half-past four o'clock, under the provisions of a standing order, the Chair (Mr. Dutch of Win- chester) declared the Convention adjourned, to meet to-morrow at half -past ten o'clock A.M. THURSDAY, JUNE 27, 1918. 673 THURSDAY, June 27, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. William P. Burnell of Mansfield. Leave of Absence. Qn motion of Mr. Flaherty of Boston, Ordered, That Mr. Parker of Lancaster be granted leave of absence, under Rule 13, until Tuesday, July 2, on account of important legal engagements. Parker. Reports of Debates for Newspapers. On motion of Mr. Luce of Waltham, Ordered, That the committee on Rules and Procedure be Reports of authorized to furnish a copy of the reports of the debates to newspapers. such daily newspapers printed in the Commonwealth as may apply for the same. Compensation of Members. On motion of Mr. Curtis of Revere, Ordered, That the compensation of the members of the Con- Compensation vention for attendance during the current month be payable f^J^J^J' on Friday, June 28. for June. Compensation of Officials and their Assistants. On motion of Mr. Curtis of Revere, Ordered, That the committee on Contingent Expenses and Secretaries, Pay-Roll determine, and report to the Convention for its action, the compensation for the 1918 session to be paid the Secretaries and Sergeant-at-Arms of the Convention, and such assistants in their respective departments as have been approved by the committee on Rules and Procedure. Proposal to Amend the Constitution. Mr. Adams of Quincy presented a Resolution declaring the Limits of the determination of the limits of the police power, so-called, to be p Uce P wer - a legislative function. The same member moved 'that Rule 35 be suspended; and this motion was referred, under Rule 56, to the committee on Rules and Procedure. Schedule of Sessions for Next Week. The following order, offered by Mr. Luce of Waltham, the consideration of which was postponed from the preceding ses- sion, was considered : 674 JOURNAL OF THE CONVENTION, Session on Monday, July 1; adjournment July 3 to 9. Mr. Brown, amendment. Adjournment June 28 to July 9. Ordered, That, when the Convention adjourns on Friday, June 28, it shall be to meet at 10.30 o'clock, Monday, July 1; and that when it adjourns on Wednesday, July 3, it shall be to meet Tuesday, July 9, at 10.30 o'clock A.M. After debate Mr. Brown of Brockton moved that the order be amended by striking out the words "at 10.30 o'clock, Mon- day, July 1; and that when it adjourns on Wednesday, July 3, it shall be to meet". After further debate the amendment was adopted; and the order, as amended, was adopted, as follows: Ordered, That, when the Convention adjourns on Friday, June 28, it shall be to meet Tuesday, July 9, at 10.30 o'clock A.M. Single tax. Poll taxes at varying rates. State officers, four-year term. Justice of the peace. Notary public. Levying of Amendment withdrawn. Previous question. Recess. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. Resolutions Relative to authorizing the single tax (Doc. No. 294); and To authorize the imposition and collection of poll taxes at varying rates for the purpose of inducing the full exercise of voting rights (Doc. No. 290); Were severally considered; and the proposals were severally rejected, as recommended by the committee on Taxation. The Resolution providing for a four-year term for elective state officers, including a recall provision in the case of Gov- ernor (Doc. No. 270) was considered; and the proposal was re- jected, as recommended by the committee on State Adminis- tration. Resolutions To abolish the office of justice of the peace as an office under the Constitution (Doc. No. 33); and To abolish the office of notary public as an office under the Constitution (Doc. No. 32); Were severally considered; and the proposals were severally rejected, as recommended by the committee on the Judiciary. The Resolution relative to the power of the General Court to impose and levy taxes (Doc. No. 332), being the unfinished business of the preceding session, was considered further, the main question being on ordering it to a third reading. Mr. Kinney of Boston withdrew the amendment previously moved by him, there being no objection. After debate Mr. Benton of Belmont moved the previous question. At one o'clock, under the provisions of a standing order, the President declared a recess until two o'clock; at which hour the Convention reassembled. After debate the question was put on ordering the main ques- tion; and the President declared the vote to be in the affirma- tive. THURSDAY, JUNE 27, 1918. 675 Mr. Jones of Melrose raised the point of order that a quorum Quorum. was not present. The President declared the point of order well taken; and requested the Sergeant-at-Arms to secure the attend- ance of a quorum. On the appearance of a quorum the main question was ordered. J^Jon. On the question on ordering the resolution to a third read- ing, the sense of the Convention was taken by yeas and nays, at the request of Mr. Lomasney of Boston; and on the roll call 129 members voted in the affirmative and 87 in the negative, as follows: YEAS. Messrs. Adams, Smith J. Anderson, Frederick L. Avery, Nathan P. Aylward, James F. Barker, Warren S. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bouve", Walter L. Boyer, Elmer E. Brown, E. Geary Bryant, Lincoln Burrell, Fred J. Carr, Edward Chase, Mial W. Clark, Ezra W. Coleman, George W. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Coombs, Zelotes W. Cooney, Charles P. Corrigan, Robert S. Creamer, Walter H. Creed, James F. Cummings, John W. Curtiss, Elmer L. Cusick, John F. Daley, Peter Daly, John W. Dean, Robert A. Dellinger, Raymond P. Donnelly, James P. Donoghue, John A. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Fitz-Randolpb, Reginald T. Flynn, Maurice R. Frost, Archie N. Gates, Joseph S. Gaylord, Henry E. Giddings, Charles Messrs. Glazier, Frederick P. Good, John P. Greenwood, Hamlet S. Hall, Isaac Freeman Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Hawley, Truman R. Hoitt, Augustus J. Johnson, Charles R. Jones, George R. Kelley, George W. Kelly, Luke L. Kenefick, Thomas W. Kilbon, John L. Knotts, J. Franklin Langelier, Louis F. R. Larson, Charles G. Leboeuf , Telesphore Linke, Fred R. Loring, Augustus P. Love, Joseph A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mansfield, John J. McLaud, Abner S. Merrill, George Frye Mitchell, Charles Moore, Charles D. C. Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Richardson, Edward A. Ross, Samuel 676 JOURNAL OF THE CONVENTION, Messrs. Shanahan, William J. Shaw, Michael F. Shea, John T. Sherburne, Nelson Skerrett, Mark N. Stoeber, Charles Sullivan, William H. Sweet, Joseph L. TheUer, Ralph L. Thompson, Edward Thompson, John L. Trefry, William D. T. Walcott, Robert Messrs. Adams, Brooks Adams, Charles Francis Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Bennett, Frank P. Benton, Everett C. Bergengren, Roy F. Besse, Harold A. Bosworth, Henry H. Boyden, Frank L. Brennan, James H. Brine, HSnry C. Broderick, Patrick S. Bruce, Charles Buck, Maurice A. Burns, William A. Buttrick, Allan G. Callahan, Timothy F. Chandler, Leonard B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Cook, Rufus H. Coolidge, Louis A. Costello, Francis M. Coughlan, William J. Cox, Guy W. Crafts, Lyman A. Craven, John H. Cummings, Herbert E. Curtis, Arthur B. Curtis, Edwin U. Dale, George H. Davis, William R. Derbyshire, James H. Doe, Orestes T. Donovan, Thomas F. Ferry, James R. Finn, E. Philip Messrs. Walker, George Walker, Joseph Washburn, Charles G. Webster, Francis E. Webster, George P. White, John A. Whitehead, James Whittier, Eugene P. Wilson, William H. Wing, Herbert Winslow, Guy M. Wonson, Carlton W. NAYS. Messrs. Flaherty, William George, Samuel W. Gleason, Nesbit G. Granfield, William J. Green, Thomas H. HaU, Elisha S. Hamilton, Andrew Foster Hobbs, Clarence W., Jr. Hutchings, Henry M. Kelley, Thomas R. Kinney, William S. Lane, Dwight F. Leonard, Joseph J. Lomasney, Martin M. Look, William J. Lowell, James A. Mahoney, John J. Mancovitz, David MoAnarney, John W. Mitchell, John Morton, James M. Murley, Joseph J. Parker, George S. Parkman, Henry Pillsbury, Albert E. Reidy, Michael J. Scigliano, Alfred P. Shattuck, Josiah B. Shea, John M. Shea, Christopher A. Smith, Jerome S. Smith, Rutherford E. Stoneman, David Sullivan, Edmund G. Turner, Joseph Underbill, Charles L. Washburn, Albert H. Waterman, George B. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William Williams, Fred Homer Wood, Charles J. 129 yeas; 87 nays. Loss of taxes on educational institutions. Therefore the resolution was ordered to a third reading. The Resolution providing for compensating cities and towns for loss of taxation on property of educational institutions (Doc. No. 61) was read a second time. THURSDAY, JUNE 27, 1918. 677 After debate (Mr. Buttrick of Lancaster being in the chair) Mr. Waterman, Mr. Waterman of Williamstown moved that the resolution be -amendments. amended by striking out, in line 4, and in lines 7 and 8, the words "and personal property"; by striking out, in lines 11 and 12, the words "real estate and personal property", and inserting in place thereof the word "land"; and by striking out, in line 12, the words "bear to the total", and inserting in place thereof the words "bears to the total land". After further debate the previous question was ordered, on Previous motion of Mr. Chandler of Somerville. question. Mr. Underbill of Somerville then moved that the Convention adjourn; and this motion prevailed. Accordingly, at twenty-five minutes past four o'clock (Mr. Adjournment. Buttrick being in the chair), the Convention adjourned, to meet to-morrow at half -past ten o'clock A.M. H78 JOURNAL OF THE CONVENTION, FRIDAY, June 28, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. John L. Kilbon of Springfield, a member of the Convention. Daniel H. Coakley. Matthew Hale. William J. Bullock. Leave of Absence. On motion of Mr. William J. Sullivan of Boston, - Ordered, That Mr. Coakley of Boston be granted leave of absence, under Rule 13, on account of important business en- gagements outside the Commonwealth. On motion of Mr. Walker of Brookline, Ordered, That Mr. Hale of Boston be granted leave of absence, under Rule 13, because of his permanent engagement in war work. On motion of Mr. Walker of New Bedford, - Ordered, That Mr. Bullock of New Bedford be granted leave of absence, under Rule 13, on account of illness. Bulletins of information, printing. Proposals to amend the Constitution, printing of text. Limits of the police power. Printing of Certain Bulletins. Mr. Williams of Brookline, for the committee on Rules and Procedure, to whom was referred the following order (offered by Mr. Luce of Waltham on June 25), reported recommending that the same be adopted : Ordered, That there be printed five hundred copies of the bulletins on "Special Legislation", "The Amendment of State Constitutions", and "The Removal of Judges in Massachusetts", prepared by the commission appointed to compile information and data for the Convention. The order was considered forthwith; and it was adopted. Printing of Text of Pending Amendments. Mr. Underbill of Somerville, for the committee on Rules and Procedure, to whom was referred the following order (offered by Mr. Hart of Cambridge on June 26), reported recommending that the same be not adopted : Ordered, That the text of pending amendments to the Con- stitution and of amendments proposed thereto be printed in the Calendar from day to day for convenient consultation. The order was considered forthwith; and after debate it was rejected. Proposal to Amend the Constitution. Mr. Luce of Waltham, for the committee on Rules and Pro- cedure, to whom was referred the motion (made by Mr. Adams of Quincy on June 27) that Rule 35 be suspended on the Resolution FRIDAY, JUNE 28, 1918. 679 declaring the determination of the limits of the police power, so-called, to be a legislative function, reported recommending that said rule be suspended [Messrs. Underhill of Somerville and George of Haverhill dissenting]. The question was considered forthwith. After debate Mr. Sawyer of Ware moved that the further consideration thereof be postponed until the next session, first in the Orders of the Day; and this motion was negatived. The Convention then refused to suspend Rule 35; and the resolution was placed on file. Application of Certain Court Decisions. Mr. Luce of Waltham, for the committee on Rules and Pro- Supreme cedure, to whom was referred the motion (made by Mr. Sawyer ^ of Ware on June 26) that Rule 35 be suspended on the Resolu- tion relative to the application of the decisions of the Supreme Judicial Court as to the police power, so-called, reported recom- mending that said rule be not suspended. The question was considered forthwith. The Convention re- fused to suspend Rule 35; and the resolution was placed on file. Proposed Amendment of the Rules. Mr. O'Connell of Boston offered the following order: Ordered, That the committee on Rules and Procedure consider Previous the expediency of so amending the rules as to provide that, whenever the previous question is moved, the presiding officer shall not put the question to a vote until every member of the iS committee which has reported the measure under discussion shall have had an opportunity of speaking on the subject under discussion. After debate Mr. Underhill of Somerville moved that the order be referred to the committee on Rules and Procedure; and this motion was negatived. The order was then rejected. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution providing for limited sessions of the General Biennial Court and biennial elections of members thereof (Doc. No. 87, mtmbersof so much thereof as relates to biennial elections of members of the General Court) was considered; and the proposal was re- jected, as recommended by the committee on Suffrage. Resolutions Relative to the method of selecting and promoting officers in Military the militia (Doc. No. 224); and officers - Relating to the appointment of military officers, the numbers Military and organization of military forces and civil penalties to be in- affairs - flicted by courts martial (Doc. No. 222); Were severally considered; and the proposals were severally rejected, as recommended by the committee on Military Affairs. 680 JOURNAL OF THE CONVENTION, Loss of taxes on educational institutions. Amendments rejected. Quorum. Business cor- porations, taxation. Uniform taxation. ments, publicity. Credit of the Common- wealth; state debt . Public credit. General Court, ad- journments. Biennial legislative sessions. Limited legislative sessions. Negative of Senate on House. Legislative recess com- mittees and commissions. The Resolution providing for compensating cities and towns for loss of taxation on property of educational institutions (Doc. No. 61), being the unfinished business of the preceding session, was considered further, the main question being on ordering it to a third reading. After debate the amendments previously moved by Mr. Water- man of Williamstown were rejected, by a vote of 53 to 65. Mr. Feiker of Northampton raised the point of order that a quorum was not present. A count of the Convention showed that 171 members were present; and the President declared the point of order not well taken. The Convention then refused, by a vote of 45 to 101, to order the resolution to a third reading. Resolutions Requiring proportional taxation of the franchise value of business corporations (Doc. No. 59) ; Relative to making uniform the application of all statutes relating to the taxation of property (Doc. No. 296) ; and To provide for full publicity of tax assessments (Doc. No. 297) ; Were severally considered; and the proposals were severally rejected, as recommended by the committee on Taxation. The Resolution relative to loaning the credit of the Common- wealth and the contracting of state debt (Doc. No. 326) was read a second time. Mr. Edwin U. Curtis of Boston being in the chair, Mr. Park- man of Boston moved that the resolution be recommitted to the committee on State Finance; and this motion, after debate, was adopted. The Resolution relative to granting the credit of the Common- wealth or its sub-divisions (Doc. No. 278, so much thereof as relates to cities and towns) was considered; and the proposal was rejected, as recommended by the committee on Municipal Government. The Resolution relative to adjournments of the General Court (Doc. No. 312) was read a second time; and after debate the resolution was ordered to a third reading. Resolutions Relating to biennial sessions of the General Court (Doc. No. 26); and Providing for limited sessions of the General Court and bien- nial elections of members thereof (Doc. No. 87, so much thereof as relates to limited sessions of the General Court) ; Were severally considered; and the proposals were severally rejected, as recommended by the committee on The General Court. The Resolution relative to the negative of the Senate on the House of Representatives (Doc. No. 173) was considered; and after debate the proposal was rejected, as recommended by the committee on The General Court. The Resolution relative to service on certain legislative recess committees and commissions (Doc. No. 5) was considered, the FRIDAY, JUNE 28, 1918. 681 question being on the rejection of the proposal, as recommended by the committee on The General Court. Mr. Leonard of Boston moved that the resolution be amended by the substitution of a resolution with the same title, which was read, as follows: "Resolved, That it is expedient to amend the Constitution by the adoption of the subjoined article of amendment: "No person hereafter elected to the legislative department of the government shall receive salary or compensation for service on any recess or ad interim committee, commission or other office created in whole or in part by action of either branch of such department." After debate, at one o'clock, under the provisions of a standing Recess. order, the Chair (Mr. Curtis) declared a recess until two o'clock; at which hour the Convention reassembled, with the President in the chair. Mr. Glazier of Hudson moved that the roll of the Convention Quorum be called, to ascertain if a quorum was present; and this motion prevailed. The roll was called; and 163 members answered to their names, as follows: Messrs. Adams, Brooks Adams, Charles Francis Adams, Smith J. Anderson, Frederick L. Aylward, James F. Bailey, Charles O. Barker, Warren S. Barnes, Clarence A. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates, John L. Bauer, Ralph S. Bennett, Frank P. Besse, Harold A. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Bolster, Percy G, Boucher, Joseph Zoel Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brooks, George F. Brown, E. Gerry Bruce, Charles Bryant, Lincoln Buck, Maurice A. Burns, William A. Burrell, Fred J. Buttrick, Allan G. Carr, Edward Chandler, Leonard B. Chase, Mial W. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Messrs. Codman, James M., Jr. Collins, Samuel I. Coombs, Zelotes W. Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Craven, John H. Creamer, Walter H. Creed, James F. Cummings, Herbert E. Cummings, John W. Curtis, Arthur B. Curtis, Edwin U. Curtiss, Elmer L. Dale, George H. Daley, Peter Davis, WiUiam R. Dean, Robert A. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Doe, Orestes T. Donovan, Daniel R. Doran, James P. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferry, James R. Finn, E. Philip Flaherty, William Garland, Francis P. Gaylord, Henry E. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Graumann, John Greenwood, Hamlet S. Hale, Edward R. 682 JOURNAL OF THE CONVENTION, Messrs. Hall, Frederick S. Harriman, Arthur N. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Jones, George R. Kelley, George W. Kelly, Luke L. Kenefick, Thomas W. Kinney, William S. Lane, Dwight F. Langelier, Louis F. R. Leboeuf, Telesphore Leonard, Joseph J. Lomasney, Martin M. Look, William J. Loring, Augustus P. Love, Joseph A. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Lynch, John C. Mahoney, John J. Mansfield, John J. McAnarney, John W. McCarthy, Charles F. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, Charles Mitchell, John Moran, William Morrill, Charles H. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connor, John D. Messrs. Parkman, Henry Peterson, Patrick Pillsbury, Albert E. Quinn, Timothy F. Ray, Herbert L. Reidy, Michael J. Richardson, Edward A. Rieutord, Louis O. Robbins, Edward J. Ross, Samuel Saunders, Amos T. Sawyer, Roland D. Scigliano, Alfred P. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Smith, Jerome S. Sparrell, Ernest H. Stoeber, Charles Sullivan, Edmund G. Sullivan, William H. Sweet, Joseph L. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Thompson, John L. Turner, Joseph Underbill, Charles L. Walker, George Walker, Joseph Washburn, Albert H. Webster, George P. Wellman, Arthur Holbrook White, John A. Wing, Herbert Winslow, Guy M. Wonson, Carlton W. Wood, Charles J. Previous question. Amendment adopted. Therefore it appeared that a quorum was then present. After debate the previous question was ordered, on motion of Mr. Chandler of Somerville. On the question on the adoption of the amendment moved by Mr. Leonard the sense of the Convention was taken by yeas and nays, at the request of Mr. Luce of Waltham; and on the roll call 141 members voted in the affirmative and 68 in the negative, as follows: YEAS. Messrs. Adams, Brooks Adams, Charles Francis Anderson, Frederick L. Aylward, James F. Bangs, Francis R. Barnes, Clarence A. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bauer, Ralph S. Messrs. Bennett, Frank P. Bergengren, Roy F. Besse, Harold A. Bicknell, Wallace H. Bigney, Robert E. Boucher, Joseph Zoel Bouve", Walter L. Boyden, Frank L. Brennan, James H. Brennan, James J. Brine, Henry C. FRIDAY, JUNE 28, 1918. 683 Messrs. Broderick, Patrick S. Brown, E. Gerry Bruce, Charles Carr, Edward Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Coombs, Zelotes W. Coughlan, William J. Creamer, Walter H. Curtis, Arthur B. Curtiss, Elmer L. Daley, Peter Davis, Elbridge G. Davis, William R. Dean, Robert A. Dellinger, Raymond P. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Driscoll, Dennis D. Driscoll, Timothy J. Ferry, James R. Finn, E. Philip Flaherty, William Flynn, Maurice R. Gallagher, Daniel J. Garland, Francis P. George, Samuel W. Glazier, Frederick P. Gleason, Nesbit G. Graumann, John Green, Thomas H. Greenwood, Hamlet S. Hall, Frederick S. Harding, Clarence W. Harrirnan, Arthur N. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Horgan, Francis J. Hutchings, Henry M. Johnson, Charles R. Jones, George R. Kelley, George W. Kelly, Luke L. Kenny, Herbert A. Kilbon, John L. Knotts, J. Franklin Lane, Daniel W. Langelier, Louis F. R. Leboeuf , Telesphore Leonard, Joseph J. Lomasney, Martin M. Loring, Augustus P. Love, Joseph A. Lummus, Henry T. Lynch, John C. Messrs. Adams, Smith J. Bailey, Charles O. Balch, Francis N. Barnes, George L. Messrs. Maguire, James E. Mahoney, John J. Mancovitz, David Marshall, Daniel J. Martin, Martin L. McAnarney, John W. McKeon, Francis P. McLaud, Abner S. Merriam, John M. Merrill, George Frye Michelman, Joseph Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connor, John D. Peterson, Patrick PiUsbury, Albert E. Ray, Herbert L. Rieutord, Louis O. Robbins, Edward J. Ross, Samuel Saunders, Amos T. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sparrell, Ernest H. Stoeber, Charles Stoneman, David Sullivan, William H. Sullivan, William J. Swig, Louis TheUer, Ralph L. Thompson, Edward Thompson, John L. Turner, Joseph Twomey, John C. Underhill, Charles L. Walcott, Robert Walker, George Walker, Joseph Washburn, Albert H. Webster, George P. White, John A. Wing, Herbert Winslow, Guy M. Wonson, Carlton W. Wood, Charles J. NATS. Messrs. Bates, Sanford Benton, Everett C. Blackmur, Paul R. Bodfish, John D. W. 684 JOURNAL OF THE CONVENTION, Messrs. Bolster, Percy G. Brooks, George F. Bryant, Lincoln Buck, Maurice A. Burns, William A. Burrell, Fred J. Buttrick, Allan G. Callahan, Timothy F. Chandler, Leonard B. Chase, Mial W. Clapp, Robert P. Collins, Samuel I. Cooney, Charles P. Corrigan, Robert S. Craven, John H. Creed, James F. Cummings, Herbert E. Cummings, John W. Curtis, Edwin U. Delano, Robert T. Derbyshire, James H. Doe, Orestes T. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Gartland, John J. Gates, Joseph S. Gaylord, Henry E. Giddings, Charles Hale, Edward R. Messrs. Hall, Isaac Freeman Hobbs, Clarence W., Jr. Kelley, Thomas R. Kenefick, Thomas W. Kinney, William S. Lane, Dwight F. Logan, James Look, William J. Lowell, James A. Luce, Robert Lyman, Frank E. Mansfield, John J. Mitchell, Charles Mitchell, John Montague, David T. Newhall, Arthur N. O'Connell, Joseph F. Parkmanj Henry Quinn, Timothy F. Reidy, Michael J. Richardson, Edward A. Sawyer, Roland D. Sullivan, Edmund G. Sullivan, Joseph M. Talbot, Harry R. Trefry, William D. T. Wellman, Arthur Holbrook Wheeler, William Whittier, Eugene P. Williams, Fred Homer 141 yeas; 68 nays. Substitute resolution. General Court, organization. Senate of six- teen members. Single legis- lative body. Motion to adjourn. Quorum. Therefore the amendment was adopted. Rejection of the proposal was then negatived; and the sub- stituted resolution (Doc. No. 389) was placed in the Orders of the Day for the next session for a second reading. Resolutions Relative to the organization of the General Court (Doc. No. 178); and Providing that the Senate shall consist of sixteen members elected from Congressional districts (Doc. No. 177); Were severally considered; and the proposals were severally rejected, as recommended by the committee on The General Court. The Resolution relative to abolishing the Senate and to estab- lishing a single legislative body (Doc. No. 176) was considered, the question being on the rejection of the proposal, as recom- mended by the committee on The General Court. Mr. Johnson of Worcester moved that the Convention ad- journ; and this motion was negatived. Mr. Mahoney of Boston then moved that the roll be called, to ascertain if a quorum was present; and this motion was adopted, by a vote of 45 to 23. Mr. Sawyer of Ware moved that the vote be reconsidered; and this motion was negatived, by a vote of 39 to 47. The roll was then called; and 163 members answered to their names, as follows: FRIDAY, JUNE 28, 1918. 685 Messrs. Adams, Charles Francis Adams, Smith J. Anderson, Frederick L. Balch, Francis N. Bangs, Francis R. Barnes, Clarence A. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates, John L. Bates, Sanford Bennett, Frank P. Bergengren, Roy F. Besse, Harold A. Bicknell, Wallace H. Bigney, Robert E. Blackmur, Paul R. Bodfish, John D. W. Bolster, Percy G. Boucher, Joseph Zoe'l Bouve", Walter L. Boyden, Frank L. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bryant, Lincoln Buck, Maurice A. Burrell, Fred J. Buttrick, Allan G. Callahan, Timothy F. Carr, Edward Chandler, Leonard B. Chase, Mial W. Clark, Chester W. Codman, James M., Jr. Collins, Samuel I. Coombs, Zelotes W. Corrigan, Robert S. Coughlan, William J. Creamer, Walter H. Creed, James F. Curtis, Arthur B. Curtis, Edwin U. Davis, Elbridge G. Davis, William R. Dean, Robert A. Dellinger, Raymond P. Derbyshire, James H. Donovan, Daniel R. Donovan, Thomas F. Dresser, Frank F. DriscolJ, Dennis D. Driscoll, Timothy J. Dutch, Charles Frederick Farnsworth, Frank S. Ferry, James R. Flaherty, William Flynn, Maurice R. Gates, Joseph S. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Graumann, John Messrs. Green, Thomas H. Hale, Edward R. Hall, Frederick S. Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hoitt, Augustus J. Hutchings, Henry M. Johnson, Charles R. Jones, George R. Kelley, George W. Kelley, Thomas R. Kelly, Luke L. Kenefick, Thomas W. Kenny, Herbert A. Kilbon, John L. Knotts, J. Franklin Lane, Daniel W. Lane, Dwight F. Langelier, Louis F. R. Leonard, Joseph J. Lomasney, Martin M. Loring, Augustus P. Love, Joseph A. Lowell, James A. Luce, Robert Lummus, Henry T. Lynch, John C. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Marshall, Daniel J. Martin, Martin L. McAnarney, John W. McLaud, Abner S. Merrill, George Frye Michelman, Joseph Mitchell, Charles Montague, David T. Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Parkman, Henry Pillsbury, Albert E. Quinn, Timothy F. Reidy, Michael J. Richardson, Edward A. Rieutord, Louis O. Robbins, Edward J. Ross, Samuel Saunders, Amos T. Sawyer, Roland D. Shanahan, William J. Shaw, Michael F. 686 JOURNAL OF THE CONVENTION, Messrs. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sparrell, Ernest H. Stoeber, Charles Sullivan, Edmund G. Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Thompson, John L. Trefry, William D. T. Messrs. Turner, Joseph Underhill, Charles L. Walker, George Walker, Joseph Washburn, Albert H. Webster, George P. Wellman, Arthur Holbrook Wheeler, William White. John A. Whittier, Eugene P. Williams, Fred Homer Wing, Herbert Winslow, Guy M. Wonson, Carlton W. Wood, Charles J. Adjournment. Therefore it appeared that a quorum was then present. Mr. Curtis of Revere then moved that the Convention ad- journ; and this motion prevailed. Accordingly, at five minutes past four o'clock, the Convention adjourned, to meet on Tuesday, July 9, at half-past ten o'clock A.M. TUESDAY, JULY 9, 1918. 687 TUESDAY, July 9, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Edward Marsh of Boston. Leave of Absence. On motion of Mr. Thompson of North Attleborough, Ordered, That Mr. Coleman of Boston be granted leave of George w. absence, under Rule 13, for such periods of time as duty may Coleman - require his presence in Washington as Director of Information in the Bureau of Labor. On motion of Mr. Murley of Boston, Ordered, That Mr. Thomas R. Kelley of Boston be granted Thomas R. leave of absence, under Rule 13, until July 16, because of absence from the Commonwealth. On motion of Mr. Costello of Boston, - Ordered, That Mr. Timothy J. Driscoll of Boston be granted Timothy j. leave of absence, under Rule 13, until July 23, because of engage- ment in government work. Motions to Reconsider. Mr. Anderson of Newton moved that the vote be reconsidered Members of by which the Convention, at the preceding session, rejected the proposal embodied in the Resolution providing for limited ses- sions of the General Court and biennial elections of members thereof (Doc. No. 87, so much thereof as relates to biennial elections of members of the General Court). After debate the motion to reconsider was negatived. Mr. Shaw of Revere moved that the vote be reconsidered by Taxation, which the Convention, at the preceding session, rejected the ^SSi proposal embodied in the Resolution relative to making uniform of statutes. the application of all statutes relating to the taxation of prop- erty (Doc. No. 296). After debate the motion to reconsider was negatived. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution relative to corrupt practices in elections (Doc. Corrupt No. 285) was considered; and the proposal was rejected, as recommended by the committee on Suffrage. The Resolution relative to abolishing the Senate and to es- Singly tablishing a single legislative body (Doc. No. 176), being the 688 JOURNAL OF THE CONVENTION, Previous question. Presidency of the Senate. General Court, ap- portionment of members. Quorum. Previous question. Adjournment postponed, Quorum. Proposal rejected. unfinished business of the preceding session, was considered further, the question being on the rejection of the proposal, as recommended by the committee on The General Court. After debate (Mr. Adams of Concord having been in the chair) the previous question was ordered, on motion of Mr. Chand- ler of Somerville. The proposal was then rejected. The Resolution providing that the Lieutenant-Go vernor shall preside over the Senate (Doc. No. 84) was considered; and the proposal was rejected, as recommended by the committee on The General Court. The Resolution relative to the apportionment of members of the General Court (Doc. No. 85) was considered, the question being on the rejection of the proposal, as recommended by the committee on The General Court. Mr. James H. Brennan of Boston moved that a recess be taken until two o'clock; and this motion prevailed. Accordingly, at four minutes before one o'clock, the President declared a recess until two o'clock; at which hour the Convention reassembled. Mr. Brennan then moved that a recess be taken for ten min- utes; and this motion was negatived. The President then requested the Sergeant-at-Arms to secure the attendance of a quorum. On the appearance of a quorum and after debate (Mr. Avery of Holyoke being in the chair) Mr. Underhill of Somerville moved the previous question. The President having returned to the chair, the previous question was ordered. On motion of Mr. Luce of Waltham the provisions of the standing order requiring the President to declare adjournment at half-past four o'clock were suspended. After debate the question was put on the rejection of the proposal; and 102 members voted in the affirmative and 56 in the negative. Mr. Luce raised the point of order that a quorum was not present. A count of the Convention showed that 175 members were present. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Brennan; and on the roll call 117 members voted in the affirmative and 64 in the negative, as follows : - Messrs. Adams, Scott Avery, Nathan P. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Benton, Everett C. Bergengren, Roy F. Besse, Harold A. YEAS. Messrs. Bicknell, Wallace H. Blackmur, Paul R. Bouve", Walter L. Boyer, Elmer E. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Bullock, William J. Burns, William A. Burrell, Fred J. Buttrick, Allan G. Chandler, Leonard B. TUESDAY, JULY 9, 1918. 689 Messrs. Chase, Mial W. Churchill, George B. Clark, Chester W. Clark, Ezra W. Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Rufus H. Coombs, Zelotes W. Crafts, Lyman A. Cummings, Herbert E. Curtis, Edwin U. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Ferrey, Irving D. Ferry, James R. Fitz-Randolph, Reginald T. Fraser, Eugene B. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Greenwood, Hamlet S. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Harding, Clarence W.* Hawley. Truman R. Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hatchings, Henry M. Jones, George R. Kelley, George W. Kerr, Alexander Kinney, William S. Lane, Daniel W. Langelier, Louis F. R. Messrs. Adams, Smith J. Aylward, James F. Barrett, James T. Bennett, Frank P. Bigney, Robert E. Boucher, Joseph Zoe'l Brennan, James H. Brennan, James J. Broderick, Patrick S. Callahan, Timothy F. Carr, Edward Corrigan, Robert S. Costello, Francis M. Creamer, Walter H. Creed, James F. Daley, Peter Delaney, Louis F. Messrs. Look, William J. Loring, Augustus P. Lowe, Arthur H. Luce, Robert Lummus, Henry T. Mansfield, John J. Marshall, Daniel J. Michelman, Joseph Moore, Charles D. C. Newhall, Arthur N. Nutting, Edward H. Parkman, Henry Pillsbury, Albert E. Putnam, Harry B. Quinn, Timothy F. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Shea, John M. Smith, Jerome S. Sparrell, Ernest H. Sullivan, Edmund G. Sweet, Joseph L. Talbot, Harry R. Tatman, Charles T. TheUer, Ralph L. Thompson, Edward Thompson, John L. Trefry, William D. T. Underbill, Charles L. Washburn, Albert H. Waterman, George B. Webster, Francis E. Webster, George P. Wheeler, William White, John A. Whitehead, James Whittier, Eugene P. Williams, Fred Homer Wilson, William H. Winslow, Guy M. Wonson, Carlton W. Wood, Charles J. NAYS. Messrs. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Flynn, Maurice R. Garland, Francis P. Green, Thomas H. Harrington, Patrick H. Horgan, Francis J. Kelly, Luke L. Kenefick, Thomas W. Leboeuf , Telesphore Leonard, Joseph J. Lomasney, Martin M. 690 JOURNAL OF THE CONVENTION, Messrs. Love, Joseph A. Messrs. Nestor, Patrick F. Lynch, John C. O'Connell, John J. Maguire, James E. O'Connell, John P. Mahoney, John J. O'Connor, John D. Mancovitz, David Ray, Herbert L. Martin, Martin L. Sawyer, Roland D. McCarthy, Charles F. Scigliano, Alfred P. McKeon, Francis P. Shanahan, William J. Merrill, George Frye Shea, John T. Mitchell, John Sheehan, Christopher A. Moran, William Skerrett, Mark- N. Merrill, Charles H. Stoeber, Charles Moynihan, James J. Sullivan, Michael A. Murley, Joseph J. Sullivan, William H. Myron, John F. Walker, Joseph 117 yeas; 64 nays. Therefore the proposal was rejected. At sixteen minutes before five o'clock, under the provisions of a standing order requiring adjournment at half-past four o'clock, the President declared the Convention adjourned, to meet to- morrow at half-past ten o'clock A.M. WEDNESDAY, JULY 10, 1918. 691 WEDNESDAY, July 10, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Warren P. Landers of Brockton, Secretary of the Massachusetts Total Abstinence Society. Leave of Absence. On motion of Mr. Good of Cambridge, Ordered, That Mr. Coughlan of Boston be granted leave of absence, under Rule 13, until July 16, on account of necessary absence from the Commonwealth. On motion of Mr. Boucher of New Bedford, Ordered, That Mr. Harriman of New Bedford be granted leave Arthur N. of absence, under Rule 13, on account of illness. Report of a Committee. Mr. Mahoney of Boston, for the committee on State Adminis- Decennial tration, reported that the Resolution relative to the taking of C( the decennial census of the Commonwealth (Doc. No. 262) ought not to pass. The resolution was placed in the Orders of the Day for the next session, the question being on the rejection of the proposal. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. Resolutions To provide that the apportionment of Senators be based upon General population (Doc. No. 80); SSSbewhip To provide that the apportionment of Representatives be id. based upon population (Doc. No. 79); Relative to the apportionment of members of the General id. Court (Doc. No. 6); Relative to the apportionment of members of the General Id - Court (Doc. No. 169); To provide for a more equitable method of establishing the Representative districts for the election of Representatives to the General di Court (Doc. No. 179); Providing for the election of members of the House of Rep- i^. resentatives by a list system of proportional representation foe. No. 44); To provide for a more equitable and proportional representa- u. n in the House of Representatives (Doc. No. 180); and 692 JOURNAL OF THE CONVENTION, ei ro^rtionai 1 ^ or P r P rt i na l representation in the General Court (Doc. representation. No. 45); Were severally considered; and the proposals were severally rejected, as recommended by the committee on The General Court. General Court, power and authority. Mr. Brooks Adams, amendment. Previous question. The Resolution defining the power and authority of the General Court (Doc. No. 82) was considered, the question being on the rejection of the proposal, as recommended by the com- mittee on The General Court. Mr. Adams of Quincy moved that the resolution be amended by striking out lines 3 to 251, inclusive, and inserting in place thereof the following : "Power and authority are hereby given and granted to the said general court, from time to time, to make, ordain and establish, all manner of wholesome and reasonable orders, laws, statutes and ordinances, directions and instructions, including the determination of the scope of the police power, either with penalties or without, so as the same be not repugnant or con- trary to this constitution, as they shall judge to be for the good and welfare of this commonwealth, and for the government and ordering thereof, and of the subjects of the same, and for the necessary support and defence of the government thereof." After debate Mr. Linke of West Springfield moved the pre- vious question; and this motion was adopted, by a vote of 103 to 21. The amendment was then rejected; and the proposal was also rejected. Resolutions Providing that all persons qualified to become legal voters shall register and vote at elections (Doc. No. 41); and Relative to compulsory voting at elections (Doc. No. 282); Were severally considered; and the proposals were severally rejected, as recommended by the committee on Suffrage. app5nt l me 8 ntby The Resolution relative to the appointment of Councillors by the Governor, the Governor (Doc. No. 4) was considered; and the proposal was rejected, as recommended by the committee on the Exec- utive. The Resolution relative to the pardoning power (Doc. No. 310) was read a second time; and it was ordered to a third reading. Tne Resolution providing for a state budget and the veto by the Governor of items or parts of items in appropriation bills (Doc. No. 325) was read a second time. After debate Mr. O'Connell of Boston moved that the Con- vention resolve itself into Committee of the Whole, for the purpose of considering the pending resolution; and this motion, after debate, was negatived. Mr. Dellinger of Wakefield moved that the resolution be amended by striking out, in line 16, the word "increase," and the word ", add". Compulsory voting. Id. tion bills. Committee of the Whole. Mr. Dellinger, amendments. WEDNESDAY, JULY 10, 1918. 693 The same member then moved that a recess be taken until two o'clock; and this motion prevailed. Accordingly, at two minutes before one o'clock, the President Recess. declared a recess until two o'clock; at which hour the Con- vention reassembled. After debate Mr. Parkman of Boston moved that the resolu- Mr. Parkman, tion be amended by striking out, in line 10, the word "ensuing", -amendments. and inserting in place thereof the words "current fiscal"; and by inserting after the word "bill", in line 27, the words ", except upon recommendation of the governor". After further debate (Mr. Kelley of Rockland being in the Mr. Hobbs, chair) Mr. Hobbs of Worcester moved that the resolution be ai amended by striking out, in line 7, the words "unless specifically authorized by the general court", and inserting in place thereof the words "except under authority of law"; by inserting after the word "bill", in line 27, the words ", except bills carrying appropriations for the salaries and other expenditures of the general court"; and by inserting after the word "court", in line 30, the word "present and voting thereon". Mr. O'Connell of Boston moved that the resolution be Mr. J. F. amended by striking out, in line 8, the words " Within three amendment? weeks", and inserting in place thereof the words "Not later than two months". Mr. Avery of Holyoke moved that the resolution be amended by inserting after the word "bill", in line 27, the words ": pro- vided, however, that, after the expiration of the fiscal year and until the passage of the general appropriation bill, liabilities payable out of a regular appropriation to be contained therein may be incurred to an amount not exceeding one-third of the total of such appropriation for the preceding year". After debate Mr. Chandler of Somerville moved the previous Previous question. question ' Mr. Williams of Brookline then moved that the Convention adjourn; and this motion was adopted, by a vote of 66 to 41. Accordingly, at ten minutes past four o'clock (Mr. Kelley Adjournment. being in the chair), the Convention .adjourned, to meet to- morrow at half-past ten o'clock A.M. 694 JOURNAL OF THE CONVENTION, THURSDAY, July 11, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Harry P. Rankin of Boston. James Logan, RoyF. Bergengren. George W. Anderson. Charles P. Howard. Leave of Absence. On motion of Mr. Hobbs of Worcester, Ordered, That Mr. Logan of Worcester be granted leave of absence, under Rule 13, until July 19, on account of engage- ments outside the Commonwealth in connection with the na- tional government. On motion of Mr. Hoitt of Lynn, Ordered, That Mr. Bergengren of Lynn be granted leave of absence, under Rule 13, on account of having entered the war service of the United States. On motion of Mr. Walker of Brookline, Ordered, That Mr. Anderson of Brookline be granted leave of absence, under Rule 13, so far as his duties as Interstate Com- merce Commissioner prevent his attendance. On motion of Mr. Newhall of Stoneham, Ordered, That Mr. Howard of Reading be granted leave of absence, under Rule 13, because of duties devolving upon him as lieutenant in the 53d Pioneer Infantry, United States Army. General Court, membership. Motion to postpone. Elections, compulsory voting. Reconsidera- tion prevails. Motions to Reconsider. Mr. Broderick of Waltham moved that the vote be reconsid- ered by which the Convention, at the preceding session, rejected the proposal embodied in the Resolution relative to the appor- tionment of members of the General Court (Doc. No. 169). After debate Mr. Sawyer of Ware moved that the further con- sideration of the motion to reconsider be postponed until Tuesday next; and this motion, after debate, was negatived, by a vote of 38 to 80. The motion to reconsider was then negatived, by a vote of 54 to 78. Mr. Smith of Provincetown moved that the vote be recon- sidered by which the Convention, at the preceding session, rejected the proposal embodied in the Resolution relative to compulsory voting at elections (Doc. No. 282). After debate the question was put; and 76 members voted in the affirmative and 74 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Benton of Belmont; and on the roll call 114 members voted in the affirmative and 83 in the negative, as follows: THURSDAY, JULY 11, 1918. 695 YEAS. Messrs. Adams, Smith J. Anderson, Frederick L. Bangs, Francis R. Barnes, George L. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Besse, Harold A. Bigney, Robert E. Bodfish, John D. W. Bouve", Walter L. Boy den, Frank L. Boyer, Elmer E. Brennan, James H. Brooks, George F. Brown, E. Gerry Buck, Maurice A. Bullock, William J. Butler, A. Webster Buttrick, Allan G. Clapp, Robert P. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Coogan, Clement F. Cook, Rufus H. Cox, Guy W. Crafts, Lyman A. Creamer, Walter H. Cummings, Herbert E. Curtis, Edwin U. Curtiss, Elmer L. Cusick, John F. Dale, George H. Daly, John W. Davis, William R. Dean, Robert A. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Donnelly, James P. Donovan, Daniel R. Doran, James P. Driscoll, Dennis D. Dutch, Charles Frederick Ferrey, Irving D. Ferry, James R. Frost, Archie N. Gartland, John J. George, Samuel W. Glazier, Frederick P. Good, John P. Green, Thomas H. Hawley, Truman R. Hicks, George H. Hobbs, Clarence W., Jr. Messrs. Adams, Brooks IAvery, Nathan P. Aylward, James F. Barker, Warren S. Messrs. Hutchings, Henry M. Keliher, John A. Kelley, George W. Kenny, Herbert A. Kerr, Alexander Knotts, J. Franklin Lane, Daniel W. Lane, Dwight F. Langelier, Louis F. R. Leonard, Joseph J. Lomasney, Martin M. Lowe, Arthur H. Lyman, Frank E. Lynch, John C. Maguire, James E. Mancovitz, David McCarthy, Charles F. Merrill, George Frye Mitchell, Charles Montague, David T. Moore, Charles D. C. Merrill, Charles H. Morton, James M. Moynihan, James J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Nutting, Edward H. O'ConneU, John P. O'Connell, Joseph F. Parkman, Henry Peirce, Albion G. Peterson, Patrick Pillsbury, Albert E. Quincy, Josiah Ray, Herbert L. Saunders, Amos T. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Smith, Jerome S. Sullivan, Edmund G. Sullivan, William H. Sweet, Joseph L. Theller, Ralph L. Thompson, John L. Trefry, William D. T. Walcott, Robert Washburn, Albert H. Webster, Francis E. Wellman, Arthur Holbrook White, John A. Whittier, Eugene P. Williams, Fred Homer Winslow, Guy M. NAYS. Messrs. Batchelder, Albert W. Bennett, Frank P. Benton, Everett C. Bicknell, WaUace H. 696 JOURNAL OF THE CONVENTION, Messrs. Boucher, Joseph Zoe'l Messrs. Kelly, Luke L. Brine, Henry C. Kenefick, Thomas W. Broderick, Patrick S. Kilbon, John L. Bryant, Lincoln Kinney, William S. Burns, William A. Larson, Charles G. Burrell, Fred J. Linke, Fred R. Chandler, Leonard B. Look, William J. Charbonneau, Henry V. Loring, Augustus P. Chase, Mial W. Lowell, James A. Churchill, George B. Luce, Robert Cook, Benjamin A. Mahoney, John J. Coombs, Zelotes W. Mansfield, John J. Cooney, Charles P. Michelman, Joseph Costello, Francis M. Mitchell, John Creed, James F. Moran, William Curtis, Arthur B. Newton, H. Huestis Daley, Peter O'Connell, John J. Delaney, Louis F. Richardson, Edward A. Donoghue, John A. Richardson, James P. Douglass, John J. Robbins, Edward J. Farnsworth, Frank S. Sawyer, Roland D. Feiker, William H. Stoeber, Charles Finn, E. Philip Sullivan, Michael A. Fitz-Randolph, Reginald T. Talbot, Harry R. Flynn, Maurice R. Tatman, Charles T. Gaylord, Henry E. Thompson, Edward Giddings, Charles Turner, Joseph Gleason, Nesbit G. Walker, George Graumann, John Walker, Joseph Greenwood, Hamlet S. Washburn, Charles G. Hall, Elisha S. Waterman, George B. Hall, Isaac Freeman Webster, George P. Harding, Clarence W. Wheeler, William Harriman, Arthur N. Whitehead, James Harrington, Patrick H. Wilson, William H. Hoitt, Augustus J. Wonson, Carlton W. Horgan, Francis J. Wood, Charles J. Jones, George R. 114 yeas; 83 nays. Therefore the motion to reconsider prevailed. refSd nement Pending the recurring question on the rejection of the proposal, as recommended by the committee on Suffrage, Mr. Barrett of Cambridge moved that the further consideration of the resolu- tion be postponed until Tuesday next, first in the Orders of the Day; and this motion, after debate, was negatived, by a vote of 39 to 96. ^ r - Linke of West Springfield then moved the previous ques- tion; and this motion, after debate, was negatived. After further debate Mr. Sawyer of Ware moved the previous question. Recess. At one o'clock, under the provisions of a standing order, the President declared a recess until two o'clcock; at which hour the Convention reassembled. After debate the previous question was ordered. ^6 j. question. Mr. Youngman of Boston. The amendments were then rejected, by a vote of 25 to 70; Proposal NO. 5 and the Convention refused, by a vote of 25 to 99, to order rejecte proposal No. 5 to a third reading. Proposal No. 3 was then considered, the same providing for a Governor and two-year term for Governor and Lieutenant-Governor. Governor? Mr. Creed of Boston moved that a recess be taken until two two-year term. o'clock; and this motion prevailed. Accordingly, at four minutes before one o'clock, the President Recess. declared a recess until two o'clock; at which hour the Conven- tion reassembled. Mr. Gates of Westborough then moved that the proposal be laid on the table; and this motion, after debate, was negatived. Mr. Brown of Brockton moved that the further consideration Postpone- of the proposal be postponed until after the disposition of the ment< remaining matters in the Orders of the Day; and this motion prevailed. 716 JOURNAL OF THE CONVENTION, Women as notaries public. Mr. Morton, amendment. Judicial power, distribution and exercise. Id. Labor rights and disputes. Right to labor. Labor rights. Adjournment. The Resolution providing that women shall be eligible to appointment as notaries public (Doc. No. 315) was read a second time. Mr. Morton of Fall River moved that the resolution be amended by adding at the end of the article of amendment the words "; provided that change of name shall render the com- mission void, but shall not prevent reappointment under the new name". After debate the amendment was adopted; and the resolution, as amended, was ordered to a third reading. The Resolution relative to the distribution and exercise of the judicial power (Doc. No. 313) was read a second time; and after debate the Convention refused to order the resolution to a third reading. The Resolution relative to the distribution and exercise of the judicial power (Doc. No. 314) was read a second time; and the Convention refused to order the resolution to a third reading. Resolutions That labor be held to be a personal and not a property right and that the issue of injunctions be limited in labor disputes (Doc. No. 30); and Relative to the right to labor and to enjoy the fruits thereof (Doc. No. 146); Were severally considered; and the proposals were severally rejected, as recommended by the committees on Labor and Judicial Procedure, sitting jointly. The Resolution providing for a clearer declaration of certain rights of working men and women (Doc. No. 150) was considered, the question being on the rejection of the proposal, as recom- mended by the committees on Labor and Judicial Procedure, sitting jointly. After debate (Mr. Benton of Belmont having been in the chair) and without action on the resolution, At half-past four o'clock, under the provisions of a standing order, the President declared the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. FRIDAY, JULY 19, 1918. 717 FRIDAY, July 19, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. John L. Keedy of North Andover. The Secretary announced the temporary absence of the Presi- dent, and stated that Mr. Underhill of Somerville had been ap- pointed to perform the duties of the Chair. Leave of Absence. On motion of Mr. Nestor of Lowell, Ordered, That Mr. Adams of Lowell be granted leave of ab- Smith j. sence, on account of a death in his family. Adams. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution providing for a clearer declaration of certain Labor rights, rights of working men and women (Doc. No. 150), being the unfinished business of the preceding session, was considered fur- ther, the question being on the rejection of the proposal, as recommended by the committees on Labor and Judicial Pro- cedure, sitting jointly. After debate Mr. Brown of Brockton moved that the resolu- Mr. E.G. tion be amended by striking out lines 3 to 15, inclusive, and ^endment inserting in place thereof the following: " The labor of a human being shall not be deemed to be a com- modity or article of commerce. And the legislature shall not pass a law nor the courts construe any laws of the commonwealth con- trary to this declaration." After further debate Mr. Luce of Waltham, there being no ob- Allied victory jection, made announcement of the latest reports from the war front, to the effect that the allied armies had just won a signifi- cant victory along the Marne in France; and moved that, as a slight share in the general demonstration of joy, the Convention take a recess until two o'clock. The motion prevailed. Accordingly, at two minutes before one o'clock, the Chair Recess. (Mr. Underhill) declared a recess until two o'clock; at which hour the Convention reassembled, with the President in the chair. Mr. Dennis D. Driscoll of Boston moved that the Convention adjourn; and this motion was negatived, by a vote of 26 to 48. Mr. Edwin U. Curtis of Boston then moved that the roll of Q u m. the Convention be called, to ascertain if a quorum was present; and this motion prevailed. The roll was then called; and 162 members answered to their names, as follows: 718 JOURNAL OF THE CONVENTION, Messrs. Adams, Brooks Adams, Charles Francis Adams, Scott Anderson, Frederick L. Bailey, Charles O. Bangs, Francis R. Barker, Warren S. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates, John L. Bauer, Ralph S. Bennett, Frank P. Benton, Everett C. Bergengren, Roy F. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Bolster, Percy G. Boucher, Joseph Zoel Bouve", Walter L. Bowen, Patrick Boyden, Frank L. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bruce, Charles Buck, Maurice A. Bullock, William J. Buttrick, Allan G. Callahan, Timothy F. Carr, Edward Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Collins, Samuel I. Cook, Benjamin A. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Craven, John H. Creamer, Walter H. Creed, James F. Crossley, William Cyril Cummings, John W. Curtis, Edwin U. Davis, Elbridge G. Dean, Robert A. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Doe, Orestes T. Donnelly, James P. Donovan, Daniel R. Doran, James P. Driscoll, Dennis D. Dutch, Charles Frederick Messrs. Farnsworth, Frank S. Feiker, William H. Ferry, James R. Flaherty, William Fraser, Eugene B. Frost, Archie N. Gates, Joseph S. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Greenwood, Hamlet S. Hall, Elisha S. Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hawley, Truman R. Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Hutchings, Henry M. Kelley, Thomas R. Kenefick, Thomas W. Kilbon, John L. Lane, Dwight F. Leboeuf , Telesphore Leonard, Joseph J. Linke, Fred R. Lomasney, Martin M. Love, Joseph A. Lowe, Arthur H. Lowell, James A. Luce, Robert Lyman, Frank E. MacMaster, Edward A. Mansfield, John J. Marshall, Daniel J. McAnarney, John W. McKeon, Francis P. McLaud, Abner S. Merriam, John M. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Morton, James M. Myron, John F. Nestor, Patrick F. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. Parkman, Henry Peterson, Patrick PiUsbury, Albert E. Powers, Samuel L. Quinn, Timothy F. Richardson, James P. Robbins, Edward J. Ross, Samuel Saunders, Amos T. Shanahan, William J. Shaw, Michael F. Shea, John T. FRIDAY, JULY 19, 1918. 719 Messrs. Sheehan, Christopher A. Messrs. Walker, Joseph Sparrell, Ernest H. Washburn, Albert H. Sullivan, Edmund G. Washburn, Charles G. Sullivan, William H. Webster, Francis E. Sullivan, William J. Webster, George P. Sweet, Joseph L. Wellman, Arthur Holbrook Talbot, Harry R. Whipple, Sherman L. Theller, Ralph L. White, John A. Thompson, Edward WMtehead, James Trefry, William D. T. Whittier, Eugene P. Turner, Joseph Williams, Fred Homer Underhill, Charles L. Wilson, William H. Walcott, Robert Wing, Herbert Walker, George Wood, Charles J. Therefore it appeared that a quorum was then present. After debate the previous question was ordered, on motion of Previous Mr. Underhill of Somerville. After further debate (Mr. Luce of Waltham being in the chair) Proposal the amendment moved by Mr. Brown was rejected; and the re ^ ected - proposal was also rejected. The Resolution regulating the issue of injunctions in labor dis- Labor dis- putes (Doc. No. 219) (accompanying the petition of the Massa- SsuefpHn- chusetts State Branch of the American Federation of Labor) junctions, was considered. After debate the report of the committees on Labor and Judi- cial Procedure, sitting jointly (that the petitioner have leave to withdraw), was accepted; and the proposal was rejected. The Resolution relative to regulating the issue of injunctions id. in labor disputes (Doc. No. 220) (accompanying the petition of the Massachusetts State Branch of the American Federation of Labor) (the committees on Labor and Judicial Procedure, sitting jointly, having reported recommending that the petitioner have leave to withdraw) was considered, the question being on the re- jection of the proposal. After debate Mr. Benton of Belmont moved that the Conven- tion adjourn; and this motion prevailed. Accordingly, at twenty-seven minutes past four o'clock (Mr. Adjourn- Luce being in the chair), the Convention adjourned, to meet on m Tuesday next at half-past ten o'clock A.M. 720 JOURNAL OF THE CONVENTION, TUESDAY, July 23, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. John J. Walker of Newton, Secre- tary of the Massachusetts Home Missionary Society. Resolutions on the victory of the Italian army. Everett C. Benton. Francis E. Webster. Truman R. Hawley. John P. O'Connell. James Logan. Public education, uniform standards of instruction. Acknowledgment of Resolutions. A communication from the local Consul of His Majesty the King of Italy, acknowledging receipt of a copy of the resolutions adopted by the Convention on June 25, on the occasion of the victory of the Italian Army, was read; and the same was placed on file. Leave of Absence. On motion of Mr. Edwin U. Curtis of Boston, Ordered, That Mr. Benton of Belmont be granted leave of absence, under Rule 13, from July 30 to August 10, on account of duties in connection with government work. On motion of Mr. White of North Brookfield, - Voted, That Mr. Webster of Waltham be granted leave of absence, under Rule 13, for three days. On motion of Mr. Flynn of Maiden, Ordered, That Mr. Hawley of Maiden be granted leave of absence, under Rule 13, for the present week, on account of duties in connection with the State Guard. On motion of Mr. Sullivan of Lawrence, - Ordered, That Mr. O'Connell of Salem be granted leave of absence, under Rule 13, at such times as his duties in con- nection with government work prevent his attendance. On motion of Mr. Hobbs of Worcester, Ordered, That Mr. Logan of Worcester be granted leave of absence, under Rule 13, until July 30, on account of necessary absence from the Commonwealth in connection with government work. Withdrawal of a Resolution. Mr. Churchill of Amherst asked unanimous consent that the Resolution relative to uniform standards of instruction for public education (Doc. No. 385) (the same having been reported by him, on July 21, for the special committee appointed during the recess, under authority given the President by an order adopted on November 27, 1917) be withdrawn from the Orders of the Day. There was no objection, and the resolution was withdrawn and placed on file. TUESDAY, JULY 23, 1918. 721 Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution relative to regulating the issue of injunctions Labor in labor disputes (Doc. No. 220) (accompanying the petition of ^ the Massachusetts State Branch of the American Federation of injunctions. Labor), being the unfinished business of the preceding session, was considered further, the question being on the rejection of the proposal. Mr. Bodfish of Barnstable moved that the resolution be Mr. Bodfish, amended by striking out sections 1, 2 and 3, and inserting in amendment - place thereof the following: "Full power and authority are hereby vested in the general court to provide for the adjudication of any controversies between employers and employees and to provide against lock-outs, strikes or any other cause of involuntary or unnecessary unem- ployment and to fix penalties and make any other reasonable or necessary provisions to carry out the purpose of this amend- ment." After debate, at one o'clock, under the provisions of a stand- Recess, ing order, the Chair (Mr. Washburn of Middleborough) de- clared a recess until two o'clock; at which hour the Convention reassembled, with the President in the chair. Mr. Lomasney of Boston asked for a count of the Convention, Quorum. to ascertain if a quorum was present. A count showed that 57 members were present. After debate (Mr. Creamer of Lynn being in the chair), the Previpus previous question was ordered, on motion of Mr. Luce of Wai- que tham. After further debate Mr. Harriman of New Bedford raised Point of order, the point of order that the amendment moved by Mr. Bodfish was not germane to the resolution under consideration. The Chair (Mr. Creamer) declared the point of order not well taken. On the question on the adoption of the amendment, 86 members voted in the affirmative and 81 in the negative. The sense of the Convention was then taken by yeas and nays, Amendment at the request of Mr. Dennis D. Driscoll of Boston; and on the rejec roll call 97 members voted in the affirmative and 112 in the Jgative, as follows: YEAS. Adams, Scott Messrs. Bouve*, Walter L. Balch, Francis N. Boyden, Frank L. Bangs, Francis R. Brine, Henry C. Barker, Warren S. Brooks, George F. Bartlett, Horace I. Bruce, Charles Batchelder, Albert W. . Bryant, Lincoln Bates, Sanford Buck, Maurice A. Bennett, Frank P. Burns, William A. Bicknell, Wallace H. Burrell, Fred J. Blackmur, Paul R. Buttrick, Allan G. Bodfish, John D. W. Chandler, Leonard B. Bolster, Percy G. Chase, Mial W. Bosworth, Henry H. Choate, Charles F., Jr. 722 JOURNAL OF THE CONVENTION, Messrs. Churchill, George B. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Cook, Benjamin A. Cook, Rufus H. Coolidge, Louis A. Coombs, Zelotes W. Crafts, Lyman A. Crossley, William Cyril Cummings, Herbert E. Curtis, Arthur B. Curtis, Edwin U. Cusick, John F Dale, George H. Davis, Elbridge G. Dean, Robert A. Delano, Robert T. Derbyshire, James H. Doe, Orestes T. Dutch, Charles Frederick Farnsworth, Frank S. Ferry, James R. Fraser, Eugene B. Gates, Joseph S. George, Samuel W. Hall, Elisha S. Hall, Isaac Freeman Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Hutchings, Henry M. Jones, George R. Kenefick, Thomas W. Messrs. Adams, Smith J. Avery, Nathan P. Aylward, James F. Barrett, James T. Bassett, Edmund Bergengren, Roy F. Besse, Harold A. Bigney, Robert E. Boucher, Joseph Zoel Brennan, James H. Brennan, James J. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Charbonneau, Henry V. Clapp, Robert P. Clark, Ezra W. Coogan, Clement F. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Cox, Guy W. Creamer, Walter H. Creed, James F. Messrs. Kneil, Arthur S. Lane, Daniel W. Lane, Dwight F. Look, William J. Loring, Augustus P. Lowe, Arthur H. Luce, Robert MacMaster, Edward A. Merrill, George Frye Newton, H. Huestis Nutting, Edward H. Parker, Herbert Pillsbury, Albert E. Powers, Samuel L. Ray, Herbert L. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Saunders, Amos T. Smith, Jerome S. Sullivan, Edmund G. Sweet, Joseph L. Turner, Joseph UnderhiU, Charles L. Walcott, Robert Washburn, Albert H. Washburn, Charles G. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Williams, Fred Homer Winslow, Guy M. Wood, Charles J. NAYS. Messrs. Cummings, John W. Daley, Peter Davis, William R. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Dresser, Frank F. Driscoll, Dennis D. Flaherty, William Flynn, Maurice R. Frost, Archie N. Garland, Francis P. Gartland, John J. Gleason, Nesbit G. Green, Thomas H. Greenwood, Hamlet S. Hale, Edward R. Hall, Frederick S. Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kelley, George W. Kelley, Thomas R. TUESDAY, JULY 23, 1918. 723 Kelly, Luke L. Kenny, Herbert A. Leonard, Joseph J. Lomasney, Martin M. Love, Joseph A. Lowell, James A. Lummus, Henry T. Maguire, James E. Mahoney, John J. Mansfield, John J. Marshall, Daniel J. Martin, Martin L. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. Michelman, Joseph Mitchell, Charles Moore, Charles D. C. Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Myron, John F. Nestor, Patrick F. NewhaU, Arthur N. O'Connell, John J. O'ConneU, John P. O'Connell, Joseph F. Messrs. O'Connor, John D. Peterson, Patrick Quinn, Timothy F. Rieutord, Louis O. Ross, Samuel Sawyer, Roland D. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Smith, Rutherford E. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Talbot, Harry R. Theller, Ralph L. Thompson, Edward Thompson, John L. Walker, George Walker, Joseph Webster, George P. Whipple, Sherman L. Whitehead, James Whig, Herbert Wonson, Carlton W. 97 yeas; 112 nays. Therefore the amendment moved by Mr. Bodfish was rejected. On the question on the rejection of the proposal, 107 members voted in the affirmative and 48 in the negative. The sense of the Convention was then taken by yeas and nays, Proposal at the request of Mr. Donovan of Springfield; and on the roll re J ected - call 126 members voted in the affirmative and 79 in the negative, as follows: Messrs. Adams, Scott Avery, Nathan P. Balch, Francis N. Bangs, Francis R. Barker, Warren S. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates, Sanford Bergengren, Roy F. Besse, Harold A. Bicknell, Wallace H. Blackmur, Paul R. Bodfish, John D. W. Bolster, Percy G. Bosworth, Henry H. Bouve*, Walter L. Boyden, Frank L. Brine, Henry C. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Burns, William A. Bun-ell, Fred J. YEAS. Messrs. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Coogan, Clement F. Cook, Benjamin A. Coolidge, Louis A. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Crossley, William Cyril Cummings, Herbert E. Curtis, Arthur B. Curtis, Edwin U. Cusick, John F. Dale, George H. Davis, Elbridge G. 724 JOURNAL OF THE CONVENTION, Messrs. Davis, William R. Dean, Robert A. Delano, Robert T. Derbyshire, James H. Doe, Orestes T. Doran, James P. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Ferrey, Irving D. Ferry, James R. Fraser, Eugene B. Frost, Archie N. Garland, Francis P. Gates, Joseph S. George, Samuel W. Gleason, Nesbit G. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Harrington, Patrick H. Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kneil, Arthur S. Lane, Daniel W. Lane, Dwight F. Look, William J. Loring, Augustus P. Love, Joseph A. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Messrs. Adams, Smith J. Aylward, James F. Barrett, James T. Bennett, Frank P. Bigney, Robert E. Boucher, Joseph Zoel Brennan, James H. Brennan, James J. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Creamer, Walter H. Creed, James F. Cummings, John W. Dellinger, Raymond P. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Messrs. MacMaster, Edward A. Merrill, George Frye Michelman, Joseph Mitchell, Charles Moore, Charles D. C. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. Parker, Herbert Pillsbury, Albert E. Putnam, Harry B. Ray, Herbert L. Richardson, Edward A. Richardson, James P. Rieutord, Louis O. Robbins, Edward J. Saunders, Amos T. Shea, John M. Smith, Jerome S. Smith, Rutherford E. Sullivan, Edmund G. Sweet, Joseph L. Talbot, Harry R. Theller, Ralph L. Thompson, John L. Turner, Joseph Underbill, Charles L. Walcott, Robert Walker, Joseph Washburn, Albert H. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Williams, Fred Homer Wing, Herbert Winslow, Guy M. Wood, Charles J. NAYS. Messrs. Donovan, Thomas F. Driscoll, Dennis D. Flaherty, William Flynn, Maurice R. Gartland, John J. Green, Thomas H. Greenwood, Hamlet S. Harding, Clarence W. Harriman, Arthur N. Horgan, Francis J. Keliher, John A. Kelley, Thomas R. Kelly, Luke L. Kenny, Herbert A. Leonard, Joseph J. Lomasney, Martin M. Maguire, James E. Mahoney, John J. Mansfield, John J. Marshall, Daniel J. Martin, Martin L. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. Moran, William . TUESDAY, JULY 23, 1918. 725 Messrs. Moriarty, James T. Messrs. Shea, John T. Morrill, Charles H. Sheehan, Christopher A. Moynihan, James J. Sherburne, Nelson Myron, John F. Stoeber, Charles Nestor, Patrick F. Sullivan, Joseph M. O'Connell, John J. Sullivan, Michael A. O'Connell, John P. Sullivan, William H. O'Connell, Joseph F. Sullivan, William J. O'Connor, John D. Thompson, Edward Peterson, Patrick Walker, George Quinn, Timothy F. Webster, George P. Reidy, Michael J. Whipple, Sherman L. Ross, Samuel Whitehead, James Sawyer, Roland D. Wonson, Carlton W. Shaw, Michael F. 126 yeas; 79 nays. Therefore the proposal was rejected. Resolutions Relating to the rules of evidence in the trial of causes in the Rules of courts of the Commonwealth (Doc. No. 189); and evidence. To provide for the framing and submission by the court to Equity the jury of issues of fact in equity proceedings when requested Jjf by either party thereto (Doc. No. 190); fact. Were severally considered; and the proposals were severally re- jected, as recommended by the committee on Judicial Procedure. The Resolution to provide for the proposal of future amend- constitution, ments to the Constitution by the General Court (Doc. No. 305), future was read a second time; and after debate the Convention re- w fused to order the resolution to a third reading. The Resolution to provide for the calling and holding of Future con- future constitutional conventions (Doc. No. 304) was read a Conventions. second time. After debate (the President having returned to the chair) Mr LuC6t _ Mr. Luce of Waltham moved that the resolution be amended amendments. by striking out, in lines 18 to 22, inclusive, the words " : provided, however, that the number of delegates shall not be less than the number of representatives in the general court, as then organized, nor more than the number of members in both branches thereof"; and by striking out, in lines 23 to 25, inclusive, the words "The delegates so elected shall meet within three months after their election at a time and place to be fixed by the general court." Mr. Balch of Boston moved that the resolution be amended Mr. Baich, by adding at the end of line 53 the words ", unless some other amendment, time is specifically provided". Mr. Washburn of Middleborough moved that the resolution be Mr A ' H amended by striking out, in lines 4 to 7, inclusive, the words ^^mentT "the first general election for state officers to be held after the year nineteen hundred and thirty-six, and every twentieth year after said election, and also at"; and by striking out, in line 7, the word "other". Pending action on the amendments, At half-past four o'clock, under the provisions of a standing Adjournment. order, the President declared the Convention adjourned, to meet -morrow at half-past ten o'clock A.M. 726 JOURNAL OF THE CONVENTION, WEDNESDAY, July 24, 1918. Met according to adjournment, at half -past ten o'clock A.M. Prayer was offered by Rev. Roland D. Sawyer of Ware, a member of the Convention. Edward J. Robbins. Timothy J. Driscoll. Compensation of members, payment for July. Certain committees directed to report. Credit of the Common- wealth; state debt. Labor disputes, issue of injunctions. Leave of Absence. On motion of Mr. Hutchings of Dedham, - Ordered, That Mr. Robbins of Chelmsford be granted leave of absence, for July 25 and 26, on account of duties in con- nection with the State Guard at Framingham. On motion of Mr. Costello of Boston, Ordered, That Mr. Timothy J. Driscoll of Boston be granted leave of absence, under Rule 13, until August 6, because of engagement in government work. Compensation of Members. On motion of Mr. Curtis of Revere, Ordered, That the compensation of the members of the Con- vention for attendance during the current month be payable on Friday, July 26. Certain Committees Directed to Report. On motion of Mr. Buttrick of Lancaster, Ordered, That all committees of the Convention, except the committee on Amendment and Codification of the Constitution, be directed to report upon all matters before them on or before Tuesday, July 30. Report of a Committee. Mr. Parkman of Boston, for the committee on State Finance, reported recommending that the Resolution (recommitted) relative to loaning the credit of the Commonwealth and the contracting of state debt (Doc. No. 326) ought to pass with an amendment, adding at the end of section 1 the words "privately owned and managed". The resolution was placed in the Orders of the Day for the next session, the main question being on ordering it to a third reading. Motion to Reconsider. Mr. Jones of Melrose moved that the vote be reconsidered by which the Convention, at the preceding session, rejected the proposal embodied in the Resolution relative to regulating the issue of injunctions in labor disputes (Doc. No. 220) (accompany- ing the petition of the Massachusetts State Branch of the American Federation of Labor). After debate the motion to reconsider was negatived. WEDNESDAY, JULY 24, 1918. 727 Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to provide for the calling and holding of Future future constitutional conventions (Doc. No. 304), being the un- conventions? finished business of the preceding session, was considered further, the main question being on ordering it to a third reading. Mr. Richardson of Newton moved that the resolution be Mr. j. p. amended as follows^- By striking out, in lines 41 to 43, inclusive, the words "the same compensation and the same mileage as shall then be annu- ally payable to the members of the general court", and inserting in place thereof the words "such compensation and such allow- ance for mileage as the convention may determine"; By inserting after section 3 the following: "SECTION 4. The general court shall raise by taxation or otherwise and shall appropriate and place at the disposal of the convention such money as it determines to be adequate to meet the expenses of the convention. The convention may obligate the commonwealth for such further sum as may be necessary to meet its expenses and the general court shall provide for the payment of any deficit so caused by the convention."; and By adding at the end of the resolution the following: "SECTION 6. The convention shall have power to codify the constitution and amendments which have been approved and ratified by the people and may direct its president to promulgate such codification without submission to the people. Upon such promulgation by the president of the convention such codifica- tion shall be the constitution of the commonwealth." After debate (Mr. Washburn of Worcester being in the chair) Previous e previous question was ordered, on motion of Mr. Chandler ( * uestlon - f Somerville. After further debate the amendments previously moved by Amendments Mr. Washburn of Middleborough were rejected, by a vote of re J ected - 45 to 67. The amendment of lines 18 to 22, inclusive, previously moved Amendment by Mr. Luce of Waltham, was adopted, by a vote of 66 to 37, a< follows : Striking out the words " : provided, however, that e number of delegates shall not be less than the number of representatives in the general court, as then organized, nor more than the number of members in both branches thereof". The amendment of lines 23 to 25, inclusive, previously moved w. by Mr. Luce, was adopted, as follows: Striking out the words "The delegates so elected shall meet within three months after their election at a time and place to be fixed by the general court". The amendment of lines 41 to 43, inclusive, moved by Mr. id. Richardson of Newton, was adopted, by a vote of 88 to 2; and the remaining amendments moved by Mr. Richardson were sev- erally adopted. 728 JOURNAL OF THE CONVENTION, Amendment adopted. Resolution rejected. The amendment previously moved by Mr. Balch of Boston was adopted, as follows: Adding at the end of line 53 the words ", unless some other time is specifically provided". On the question on ordering the resolution, as amended, to a third reading, 61 members voted in the affirmative and 75 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Washburn of Middleborough; and on the roll call 84 members voted in the affirmative and 109 in the nega- tive, as follows : YEAS. Messrs. Anderson, Frederick L. Avery, Nathan P. Bailey, Charles O. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Bergengren, Roy F. Besse, Harold A. Bouve", Walter L. Boyden, Frank L. Buck, Maurice A. Burrell, Fred J. Churchill, George B. Clapp, Robert P. Clark, Ezra W. Collier, David R. Cook, Rufus H. Creamer, Walter H. Crossley, William Cyril Cusick, John F. Dale, George H. Daly, John W. Davis, Elbridge G. Dean, Robert A. Delano, Robert T. Doran, James P. Driscoll, Timothy J. Dutch, Charles Frederick Ferrey, Irving D. Gates, Joseph S. Graumann, John Hall, Isaac Freeman Harriman, Arthur N. Hart, Albert Bushnell Hoitt, Augustus J. Kenny, Herbert A. Kilbon, John L. Knotts, J. Franklin Leonard, Joseph J. Lomasney, Martin M. Loring, Augustus P. Lowell, James A. Messrs/Adams, Brooks Adams, Scott Adams, Smith J. Ay 1 ward, James F. Bangs, Francis R. Batchelder, Albert W. Benton, Everett C. Messrs. Luce, Robert Lummus, Henry T. Mancovitz, David Mansfield, John J. Merrill, George Frye Michelman, Joseph Mitchell, John Moran, William Morrill, Charles H. Nutting, Edward H. O'Connor, John D. Peirce, Albion G. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Richardson, Edward A. Richardson, James P. Sawyer, Roland D. Scigliano, Alfred P. Shaw, Michael F. Smith, Jerome S. Smith, Rutherford E. Sparrell, Ernest H. Stoeber, Charles Sullivan, Joseph M. Sweeney, Edward A. Sweet, Joseph L. TheUer, Ralph L. Thompson, Edward Thompson, John L. Trefry, William D. T. Walcott, Robert Walker, George Walker, Joseph Washburn, Albert H. Webster, Francis E. Webster, George P. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Winslow, Guy M. NAYS. Messrs. Bicknell, Wallace H. Bigney, Robert E. Blackmur, Paul R. Bodfish, John D. W. Bosworth, Henry H. Boucher, Joseph Zoe'l Brennan, James H. WEDNESDAY, JULY 24, 1918. 729 Messrs. Brine, Henry C. Brooks, George F. Brown, E. Gerry Bryant, Lincoln Burns, William A. Butler, A. Webster Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Coogan, Clement F. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Cox, Guy W. Crafts, Lyman A. Creed, James F. Cummings, Herbert E. Curtis, Edwin U. Daley, Peter Davis, William R. Derbyshire, James H. Donnelly, James P. Donovan, Daniel R. Dresser, Frank F. Driscoll, Dennis D. Farns worth, Frank S. Feiker, William H. Ferry, James R. Flaherty, William Gaylord, Henry E. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Harding, Clarence W. Harrington, Patrick H. Hibbard, Charles E. Hobbs, Clarence W., Jr. Horgan, Francis J. Hutchings, Henry M. Keliher, John A. Kelley, George W. Messrs. Kelly, Luke L. Kenefick, Thomas W. Kerr, Alexander Kinney, William S. Kneil, Arthur S. Lane, Daniel W. Lane, Dwight F. Linke, Fred R. Look, William J. Lowe, Arthur H. Lyman, Frank E. MacMaster, Edward A. Maguire, James E. Mahoney, John J. McAnarney, John W. McCarthy, Charles F. McCormack, John W. Montague, David T. Moynihan, James J. Myron, John F. Nestor, Patrick F. Newton, H. Huestis O'Connell, John J. O'Connell, John P. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Putnam, Harry B. Robbins, Edward J. Shea, John M. Sheehan, Christopher A. Sherburne, Nelson Sullivan, Edmund G. Sullivan, William H. SuUivan, William J. Talbot, Harry R. Tatman, Charles T. Turner, Joseph Underbill, Charles L. Washburn, Charles G. Waterman, George B. Whipple, Sherman L. Whitehead, James Williams, Fred Homer Wilson, William H. Wing, Herbert Wood, Charles J. 84 yeas; 109 nays. Therefore the Convention refused to order the resolution, as amended, to a third reading. The report of the committee on Form and Phraseology, who "Legislature" rere directed (under an order adopted July 10, 1917) to con- courvT 6 1 ider the expediency of substituting for the words "General " Su P r ,f. me mrt", wherever they occur in the Constitution, the word "Su 1 'Legislature", and for the words "Supreme Judicial Court", wherever they occur therein, the words "Supreme Court", - it it is expedient to substitute for the words "General Court" j word "Legislature", except where the context makes the rords "General Court" necessary, and that it is inexpedient 730 JOURNAL OF THE CONVENTION, Mr. Pillsbury, amendment. Decennial census. Mr. Avery, - amendment. Natural resources , public interest. Mr. Clapp, amendments. Mr. Loring, amendments. Mr. Kinney, amendment. to substitute for the words "Supreme Judicial Court " the words "Supreme Court", was considered. Mr. Pillsbury of Wellesley moved that the report be amended by the substitution of a Resolution to make the designation of the Legislature uniform throughout the Constitution, as fol- lows: Resolved, That it is expedient to amend the constitution by the adoption of the subjoined article of amendment: - Wherever the words "general court" or "said court" are used in the constitution or articles of amendment thereof as desig- nating the legislature of the commonwealth, the word "legis- lature" shall be substituted therefor. After debate the amendment was rejected; and the recommen- dations of the committee were also rejected. The Resolution relative to the taking of the decennial census of the Commonwealth (Doc. No. 262) was considered, the ques- tion being on the rejection of the proposal, as recommended by the committee on State Administration. After debate, at one o'clock, under the provisions of a standing order, the Chair (Mr. Washburn of Worcester) declared a recess until two o'clock; at which hour the Convention reassembled, with the President in the chair. Mr. Avery of Holyoke moved that the resolution be amended by striking out, in lines 7 to 9, inclusive, the words "and no other census of the inhabitants shall be taken under the authority of the commonwealth", and inserting in place thereof the words " which enumeration shall determine the apportionment of representatives for the period between the taking of the census. The general court shall have authority to take a census of the inhabitants of the commonwealth". After debate the amendment was adopted, by a vote of 72 to 26; and the proposal, as amended, was rejected. The Resolution relative to the public interest in natural resources (Doc. No. 344, as changed by the committee on Form and Phraseology see Doc. No. 379) was read a third time. After debate (Mr. McCormack of Boston being in the chair) Mr. Clapp of Lexington moved that the resolution (see Doc. No. 379) be amended by striking out, in line 3, the words ", develop- ment and utilization", and inserting in place thereof the words "and development"; and by striking out, in lines 9 and 10, the words ", development, utilization and control", and inserting in place thereof the words "and development". Mr. Loring of Beverly moved that the resolution (see Doc. No. 379) be amended by striking out, in line 4, the words "and water resources", and inserting in place thereof the words ", water and other natural resources"; and by striking out, in lines 6 and 7, the words '"by purchase or otherwise", and insert- ing in place thereof the words "upon payment of just compensa- tion therefor". Mr. Kinney of Boston moved that the resolution (see Doc. No. 379) be amended by striking out, in line 9, the word "proper". WEDNESDAY, JULY 24, 1918. 731 Mr. Mancovitz of Boston moved that the resolution (see Doc. Mr. Mancovitz, No. 379) be amended by inserting after the word "taking", in ~ line 6, the words "by the commonwealth". After further debate (the President having returned to the Mr. j. p. chair), Mr. Richardson of Newton moved that the resolution (see Doc. No. 379) be amended by striking out, in lines 6 and 7, the words "taking, by purchase or otherwise", and inserting in place thereof the words "purchase, or taking by eminent do- main". Mr. Creed of Boston then moved the previous question; and this motion, after debate, was negatived. refused. Mr. Mancovitz of Boston then moved that the Convention adjourn; and this motion prevailed. Accordingly, at twenty-seven minutes past four o'clock, the Adjournment. Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. 732 JOURNAL OF THE CONVENTION, THURSDAY, July 25, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Francis E. Webster of Waltham, a member of the Convention. Compensation of Secretaries, Sergeant-at- Arms, certain assistants and elevator men. Compensation of Officials and Others. Mr. Wonson of Gloucester, for the committee on Contingent Expenses and Pay-Roll, who were authorized (by an order adopted on June 27) to determine and report the compensation for the 1918 session to be paid the Secretaries and Sergeant-at- Arms of the Convention and such assistants in their respective departments as have been approved by the committee on Rules and Procedure, and who were directed (by an order adopted on July 17) to consider what compensation shall be paid to the elevator men in the State House for extra work performed by reason of the 1918 session, reported (in part on the former order) recommending that the Secretary, Assistant Secretary, Serge an t- at-Arms and three assistants in the office of the Sergeant-at-Arms be allowed the same compensation as was allowed for the 1917 session, and that the elevator men be allowed $75 each, as follows : Attorney- General, appointment. Abolition of the Council. Id. Secretary, Assistant Secretary, Sergeant-at-Arms, . One first assistant, per diem, One secretary, per diem, One second clerk, per diem, Elevator men, each, $1,500 00 1,050 00 1,000 00 4 00 3 50 3 25 75 00 The report was. placed in the Orders of the Day for the next ssion. session. Reports of Committees. Mr. Gates of Westborough, for the committees on State Administration and the Executive, sitting jointly, reported that the following resolutions severally ought not to pass: Resolution relative to the appointment of the Attorney-General by the Governor and of the district attorneys by the Attorney- General (Doc. No. 161, so much thereof as relates to the appointment of the Attorney-General by the Governor); Resolution providing for the abolition of the Council (Doc. No. 162); Resolution providing for the abolition of the Council and the transfer of its powers and duties to the Senate (Doc. No. 163); and THURSDAY, JULY 25, 1918. 733 Resolution to provide for the abolition of the Council (Doc. Abolition of NO. 164). the Council. The resolutions were severally placed in the Orders of the Day for the next session, the question, in each instance, being on the rejection of the proposal. Motions to Reconsider. Mr. Richardson of Newton moved that the vote be recon- Future constitu conventions. sidered by which the Convention, at the preceding session, constitutional refused to order to a third reading the Resolution to provide for the calling and holding of future constitutional conventions (Doc. No. 304, amended). After debate the motion to reconsider was negatived. Mr. Bartlett of Newburyport moved that the vote be recon- Decennial sidered by which the Convention, at the preceding session, census - rejected the proposal embodied in the Resolution relative to the taking of the decennial census of the Commonwealth (Doc. No. 262, amended). After debate the motion to reconsider was negatived. Discharged from the Orders of the Day. Mr. Luce of Waltham moved that the Resolution to prevent Special the granting of special privileges and creating class distinction 3^22? among the people of this Commonwealth (Doc. No. 308, as distinction, changed by the committee on Form and Phraseology see Doc. No. 392) be discharged from the Orders of the Day, under Rule 39; and this motion prevailed. The resolution was read a third time; and, pending the ques- tion on passing it to be engrossed, it was recommitted to the ommittee on Bill of Rights, on further motion of Mr. Luce. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution relative to the public interest in natural resources (Doc. No. 344, as changed by the committee on public interest. Form and Phraseology see Doc. No. 379), being the unfinished usiness of the preceding session, was considered further, the ain question being on passing it to be engrossed. After debate (Mr. Powers of Newton being in the chair) Mr. ^' roderick of Waltham moved that the resolution be amended y adding at the end thereof the words ", and the standard by which the value of water rights and water privileges shall be termined shall be the volume of power utilized by the owner owners or lessees thereof". After further debate the previous question was ordered, on Previous motion of Mr. Chandler of Somerville. On the question on the adoption of the amendments pre- I'ously moved by Mr. Clapp of Lexington, 70 members voted the affirmative and 74 in the negative. 734 JOURNAL OF THE CONVENTION, The sense of the Convention was then taken by yeas and nays, at the request of Mr. Clapp; and on the roll call 79 members voted in the affirmative and 106 in the negative, as follows: - YEAS. Messrs. Adams, Scott Bailey, Charles O. Balch, Francis N. Ballantyne, John Bangs, Francis R. Bartlett, Horace I. Bassett. Edmund Bicknell, Wallace H. Bolster, Percy G. Bosworth, Henry H. Boyden, Frank L. Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Charbonneau, Henry V. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Curtis, Arthur B. Curtis, Edwin U. Dale, George H. Davis, Elbridge G. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Fraser, Eugene B. Frost, Archie N. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Avery, Nathan P. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Bigney, Robert E. Blackmur, Paul R. Bodfish, John D. W. Bouve", Walter L. Brennan, James H. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Messrs. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Glazier, Frederick P. Hall, Elisha S. Hamilton, Andrew Foster Hibbard, Charles E. Hoitt, Augustus J. Hutchings, Henry M. Kelley, George W. Kenefick, Thomas W. Kneil, Arthur S. Lane, Daniel W. Lummus, Henry T. Lyman, Frank E. MacMaster, Edward A. Merriam, John M. Montague, David T. Newton, H. Huestis Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Richardson, Edward A. Richardson, James P. Robinson, George H. Shaw, Michael F. Sullivan, Edmund G. Thompson, John L. Trefry, William D. T. Underhill, Charles L. Walcott, Robert Waterman, George B. Wellman, Arthur Holbrook White, John A. Whittier, Eugene P. Williams, Fred Homer Wing, Herbert Wood, Charles J. NAYS. Messrs. Butler, A. Webster Callahan, Timothy F. Carr, Edward Chandler, Leonard B. Clark, Ezra W. Costello, Francis M. Creed, James F. Crossley, William Cyril Cummings, Herbert E. Dean, Robert A. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Doran, James P. Driscoll, Dennis D. Flaherty, William THURSDAY, JULY 25, 1918. 735 Messrs. Flynn, Maurice R. Gleason, Nesbit G. Hale, Edward R. Hall, Frederick S. Hall, Isaac Freeman Harding, Clarence W. Harriman, Arthur N. Hobbs, Clarence W., Jr. Horgan, Francis J. Johnson, Charles R. Jones, George R. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Kinney, William S. Knotts, J. Franklin Lane, Dwight F. Langelier, Louis F. R. Linke, Fred R. Lomasney, Martin M. Loring, Augustus P. Lowell, James A. Luce, Robert Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Marshall, Daniel J. McAnarney, John W. Merrill, George Frye Mitchell, Charles Moran, William Moriarty, James T. Morrill, Charles H. Morton, James M. Moynihan, James J. Messrs. Murley, Joseph J. Myron, John F. Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Parker, Herbert Peterson, Patrick Quincy, Josiah Ray, Herbert L. Shea, John M. Shea, John T. Sheehan, Christopher A. Smith, Jerome S. Stoeber, Charles Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Sweet, Joseph L. Talbot, Harry R. Tatman, Charles T. Theller, Ralph L. Thompson, Edward Turner, Joseph Walker, Joseph Washburn, Albert H. Washburn, Charles G. Webster, Francis E. Webster, George P. Wheeler, William Whipple, Sherman L. Whitehead, James Winslow, Guy M. Wonson, Carlton W. I 79'yeas; 106 nays. Therefore the amendments moved by Mr. Clapp were re- jected. At five minutes past one o'clock, under the provisions of the standing order requiring a recess to be taken at one o'clock, the Chair (Mr. Powers of Newton) declared a recess until two o'clock; at which hour the Convention reassembled, with the President in the chair. The amendment of line 4, previously moved by Mr. Loring of Beverly, was adopted, as follows: Striking out the words "and water resources", and inserting in place thereof the words , water and other natural resources". The amendment previously moved by Mr. Mancovitz of Boston was rejected. The amendment of lines 6 and 7, previously moved by Mr. Loring, was adopted, as follows: Striking out the words "by purchase or otherwise", and inserting in place thereof the words "upon payment of just compensation therefor". There being no objection, Mr. Richardson of Newton then withdrew the amendment previously moved by him. On the question on the adoption of the amendment previously moved by Mr. Kinney of Boston, 10 members voted in the affirmative and 50 in the negative. Recess. Amendment adopted. Amendment rejected. Amendment adopted. Amendment withdrawn. Amendment rejected. 736. Quorum. JOURNAL OF THE CONVENTION, Mr. Williams of Brookline raised the point of order that a quorum was not present. The President declared the point of order well taken. Subsequently Mr. Williams moved that the roll of the Con- vention be called; and this motion was adopted, by a vote of 51 to 43. The roll was then called; and 189 members answered to their names, as follows: Messrs. Adams, Brooks Adams, Charles Francis Adams, Scott Adams, Smith J. Anderson, Frederick L. Avery, Nathan P. Aylward, James F. Ballantyne, John Bangs, Francis R. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates, John L. Bauer, Ralph S. Besse, Harold A. Bicknell, Wallace H. Bigney, Robert E. Blackmur, Paul R. Bodfish, John D. W. Bolster, Percy G. Bosworth, Henry H. Boucher, Joseph Zoe'l Bouve", Walter L. Boyden, Frank L. Broderick, Patrick S. Brown, E. Gerry Bryant, Lincoln Buck, Maurice A. Bullock, William J. Burns, William A. Butler, A. Webster Buttrick, Allan G. Callahan, Timothy F. Carr, Edward Charbonneau, Henry V. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Coombs, Zelotes W. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Cox, Guy W. Crafts, Lyman A. Creed, James F. Messrs. Crossley, William Cyril Cummings, Herbert E. Cummings, John W. Curtis, Arthur B. Curtis, Edwin U. Dale, George H. Daley, Peter Dean, Robert A. Delano, Robert T. Derbyshire, James H. Donnelly, James P. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Dresser, Frank F. Driscoll, Dennis D. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Flynn, Maurice R. Fraser, Eugene B. Frost, Archie N. Gartland, John J. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Gleason, Nesbit G. Graumann, John Green, Thomas H. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Hibbard, Charles E. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Hutchings, Henry M. Jones, George R. Kelley, George W. Kelly, Luke L. Kenefick, Thomas W. Kerr, Alexander Kilbon, John L. Kneil, Arthur S. Knotts, J. Franklin Lane, Dwight F. Langelier, Louis F. R. Linke, Fred R. THURSDAY, JULY 25, 1918. 737 Lomasney, Martin M. Look, William J. Loring, Augustus P. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Mahoney, John J. Mancovitz, David Mansfield, John J. Marshall, Daniel J. McAnarney, John W. Merrill, George Frye Michelman, Joseph Mitchell, Charles Moran, William Morrill, Charles H. Morton, James M. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Parker, Herbert Peterson, Patrick Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Quincy, Josiah Quinn, Timothy F. Richardson, Edward A. Richardson, James P. Messrs. Robinson, George H. Saunders, Amos T. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Skerrett, Mark N. Smith, Jerome S. Stoeber, Charles Sullivan, Edmund G. Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Sweet, Joseph L. Tatman, Charles T. Theller, Ralph L. Thompson, Edward Thompson, John L. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Walker, George Walker, Joseph Washburn, Albert H. Webster, Francis E. Webster, George P. Wellman, Arthur Holbrook Wheeler, William Whipple, Sherman L. White, John A. Whitehead, James Whittier, Eugene P. Williams, Fred Homer Wing, Herbert Winslow, Guy M. Wonson, Carlton W. Wood, Charles J. Therefore it appeared that a quorum was then present. The amendment previously moved by Mr. Kinney of Boston Amendments was then rejected; and the amendment moved by Mr. Broderick re ^ ecte of Waltham was also rejected. On the question on passing the resolution, as amended, to be Resolution engrossed, 94 members voted in the affirmative and 68 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Williams of Brookline; and on the roll call 127 members voted in the affirmative and 74 in the negative, as follows : YEAS. [essrs. Adams, Brooks Anderson, Frederick L. Avery, Nathan P. Aylward, James F. Barrett, James T. Batche.lder, Albert W. Bauer, Ralph S. Bigney, Robert E. Blackmur, Paul R. Messrs. Bodfish, John D. W. Bolster, Percy G. Boucher, Joseph Zoel Bouve", Walter L. Broderick, Patrick S. Brown, E. Gerry Bullock, William J. Butler, A. Webster Carr, Edward 738 JOURNAL OF THE CONVENTION, Messrs. Clark, Ezra W. Cooney, Charles P. Costello, Francis M. Coughlan, William J. Craven, John H. Creed, James F. Crossley, William Cyril Cummings, John W. Curtis, Arthur B. Curtiss, Elmer L. Daley, Peter Dean, Robert A. Delano, Robert T. Derbyshire, James H. Donnelly, James P. Donovan, Daniel R. Donovan, Thomas F. Doran, James P. Driscoll, Dennis D. Ferrey, Irving D. Flynn, Maurice R. Fraser, Eugene B. Frost, Archie N. Gartland, John J. Glazier, Frederick P. Gleason, Nesbit G. Green, Thomas H. Hall, Isaac Freeman Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Jones, George R. Kelly, Luke L. Kerr, Alexander Kilbon, John L. Knotts, J. Franklin Lane, Dwight F. Langelier, Louis F. R. Leonard, Joseph J. Linke, Fred R. Lomasney, Martin M. Look, William J. Loring, Augustus P. Lowell, James A. Luce, Robert Lummus, Henry T. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Messrs. Adams, Charles Francis Adams, Scott Adams, Smith J. Balch, Francis N. Ballantyne, John Bangs, Francis R. Bartlett, Horace I. Bassett, Edmund Besse, Harold A. Messrs. Mansfield, John J. Marshall, Daniel J. McAnarney, John W. Merrill, George Frye Michelman, Joseph MitcheU, Charles Montague, David T. Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Saunders, Amos T. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Skerrett, Mark N. Smith, Jerome S. Stoeber, Charles Sullivan, Edmund G. Sullivan, Joseph M. Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Sweet, Joseph L. Talbot, Harry R. Tatman, Charles T. TheUer, Ralph L. Thompson, Edward Thompson, John L. Turner, Joseph Walcott, Robert Walker, George Walker, Joseph Washburn, Albert H. Webster, Francis E. Webster, George P. Wheeler, William Whipple, Sherman L. Whitehead, James Winslow, Guy M. Wonson, Carlton W. NAYS. Messrs. Bicknell, Wallace H. Bosworth, Henry H. Boyden, Frank L. Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. THUESDAY, JULY 25, 1918. 739 Messrs. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Collins, Samuel I. Coogan, Clement F. Cook, Benjamin A. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Cummings, Herbert E. Curtis, Edwin U. Dale, George H. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferry, James R. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Graumann, John Hall, Elisha S. Hall, Frederick S. Messrs. Hamilton, Andrew Foster Hibbard, Charles E. Hutchings, Henry M. Kelley, George W. Kenefick, Thomas W. Kneil, Arthur S. Lyman, Frank E. Merriam, John M. Morton, James M. Nestor, Patrick F. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Ray, Herbert L. Richardson, Edward A. Richardson, James P. Robinson, George H. Trefry, William D. T. Underbill, Charles L. Waterman, George B. Wellman, Arthur Holbrook White, John A. Whittier, Eugene P. Williams, Fred Homer Wing, Herbert Wood, Charles J. 127 yeas; 74 nays. Therefore the resolution, as amended, was passed to be en- grossed, as follows: "Resolved, That it is expedient to amend the Constitution by the adoption of the subjoined article of amendment: "The conservation, development and utilization of the agri- cultural, mineral, forest, water and other natural resources of the commonwealth are public uses, and the general court shall have power to provide for the taking, upon payment of just compensation therefor, of lands and easements or interests therein, including water and mineral rights, for the purpose of securing and promoting the proper conservation, development, tilization and control thereof and to enact legislation necessary expedient therefor. " The Resolution providing for the appointment of judges for Judges, specific terms (Doc. No. 380) was read a second time. Mr. Blackmur of Quincy moved that the resolution be amended Mr. Biackmur, by the substitution of a Resolution relative to the retirement of - amendment - Kdicial officers, as follows: "Resolved, That it is expedient to amend the constitution by e adoption of the subjoined article of amendment: "Article I of chapter III of part II of the constitution is reby amended by the addition of the following words: and provided also that the governor, with the consent of the council, ,y after due notice and hearing retire them because of advanced ;e or mental or physical disability. The general court may provide pensions for judges so retired." Mr. Mancovitz of Boston moved that the resolution be Mr. Mancovitz, . ended by inserting after the word "council,", in line 3, the amendment. 740 JOURNAL OF THE CONVENTION, Mr. J. F. O'Connell, amendments. Mr. Williams, amendment. Mr. George, amendments. Previous question. Amendment adopted. Amendment rejected. words "shall appoint all justices of the police, district and municipal courts, or such other courts as the legislature may establish in their place, for a term of seven years, and". Mr. O'Connell of Boston moved that the resolution be amended by inserting after the word "age", in line 4, the word " unfitness," ; and by striking out lines 3 to 6, inclusive, and inserting in place thereof the following: "All judicial officers shall be nominated and appointed by the governor, by or with the consent of the council for a term of ten years; and they may be reappointed at the expiration of such term." After debate Mr. Williams of Brookline moved that the res- olution be amended by inserting after the word "may", in line 4, the words ", on due notice and hearing,". Mr. George of Haverhill moved that the amendment moved by Mr. Blackmur be amended by striking out, at the end thereof, the words "The general court may provide pensions for judges so retired."; and by adding after the word " disability " the words " upon the terms and conditions that may be provided by law for the voluntary retirement of judicial officers". The previous question was then ordered, on motion of Mr. Underhill of Somervilte. After further debate the amendment moved by Mr. Mancovitz was rejected, by a vote of 42 to 99; and the amendment moved by Mr. Williams was adopted. On the question on the adoption of the amendment of line 4, moved by Mr. O'Connell of Boston, 76 members voted in the affirmative and 82 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. O'Connell; and on the roll call 94 members voted in the affirmative and 96 in the negative, as follows : YEAS. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bigney, Robert E. Bodfish, John D. W. Boucher, Joseph Zoel Bouve", Walter L. Boyden, Frank L. Brennan, James H. Brine, Henry C. Broderick, Patrick S. Buck, Maurice A. Butler, A. Webster Callahan, Timothy F. Carr, Edward Cooney, Charles P. Corrigan, Robert S. Coughlan, William J. Curtis, Arthur B. Dean, Robert A. Derbyshire, James H. Donnelly, James P. Messrs. Donoghue, John A. Donovan, Thomas F. Driscoll, Dennis D. Flynn, Maurice R. Fraser, Eugene B. Gates, Joseph S. George, Samuel W. Green, Thomas H. Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Hoitt, Augustus J. Horgan, Francis J. Johnson, Charles R. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Knotts, J. Franklin Leonard, Joseph J. Lomasney, Martin M. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Marshall, Daniel J. Martin, Martin L. THURSDAY, JULY 25, 1918. 741 Messrs. Merrill, George Frye Montague, David T. Moore, Charles D. C. Moran, William Moriarty, James T. Merrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Peterson, Patrick Quincy, Josiah Ray, Herbert L. Robinson, George H. Scigliano, Alfred P. Messrs. Adams, Scott Balch, Francis N. Ballantyne, John Bangs, Francis R. Bassett, Edmund Bicknell, Wallace H. Blackmur, Paul R. Bolster, Percy G. Bos worth, Henry H. Bryant, Lincoln Burns, William A. Burrell, Fred J. Buttrick, Allan G. Chandler, Leonard B. Charbonneau, Henry V. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Collier, David R. Coogan, Clement F. Cook, Benjamin A. Coombs, Zelotes W. Costello, Francis M. Crafts, Lyman A. Creed, James F. Crossley, William Cyril Cummings, Herbert E. Cummings, John W. Curtis, Edwin U. Dale, George H. Delano, Robert T. Doran, James P. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Giddings, Charles Glazier, Frederick P. Messrs. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Stoeber, Charles Sullivan, Michael A. Sullivan, William H. Talbot, Harry R. Theller, Ralph L. Thompson, Edward Trefry, William D. T. Underbill, Charles L. Walker, George Webster, Francis E. Webster, George P. Wellman, Arthur Holbrook Whipple, Sherman L. Whitehead, James Winslow, Guy M. Wonson, Carlton W. NAYS. Messrs. Gleason, Nesbit G. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kilbon, John L. Lane, Daniel W. Lane, Dwight F. Langelier, Louis F. R. Linke, Fred R. Loring, Augustus P. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. McAnarney, John W. Merriam, John M. Michelman, Joseph Mitchell, Charles Morton, James M. Nutting, Edward H. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Quinn, Timothy F. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Saunders, Amos T. Shea, John M. Smith, Jerome S. Sullivan, Edmund G. Sweet, Joseph L. Tatman, Charles T. Thompson, John L. 742 JOURNAL OF THE CONVENTION, Grants, franchises, privileges, immunities. Adjournment. Messrs. Turner, Joseph Walker, Joseph Washburn, Albert H. Washburn, Charles G. Waterman, George B. Messrs. Wheeler, William White, John A. Whittier, Eugene P. Williams, Fred Homer Wood, Charles J. 94 yeas; 96 nays. Therefore the amendment of line 4, moved by Mr. O'Connell, was rejected. The amendment of lines 3 to 6, inclusive, moved by Mr. O'Con- nell, was then rejected, by a vote of 38 to 104. The amendment moved by Mr. George was adopted, by a vote of 71 to 58; and the amendment moved by Mr. Blackmur, as thus amended, was adopted. The resolution, as amended (Doc. No. 405), was then ordered to a third reading. The Resolution relative to the revocation or alteration of grants, franchises, privileges or immunities (Doc. No. 103, amended) was read a second time. Mr. Richardson of Newton moved that the Convention ad- journ; and this motion prevailed. Accordingly, at twenty-four minutes past four o'clock, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. FRIDAY, JULY 26, 1918. 743 FRIDAY, July 26, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Francis L. Beal, D.D., of Cam- bridge. Leave of Absence. On motion of Mr. Harriman of New Bedford, Ordered, That Mr. Mitchell of New Bedford be granted leave Charles of absence until July 30, on account of .necessary absence from Mitche11 - the Commonwealth. Engrossed Resolution. The engrossed Resolution relative to the public interest in Natural natural resources (see Doc. No. 379, amended) was laid before the JJJbii?i5iterest. Convention; and the President stated that it would be placed in the Orders of the Day for the next session. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution relative to the revocation or alteration of grants, franchises, privileges or immunities (Doc. No. 103, amended), being the unfinished business of the preceding session, immumties - was ordered to a third reading. The report of the committee on Contingent Expenses and Compensation Pay-Roll, recommending that the Secretary, Assistant Secretary, Sergeant-at-Arms and three [A] assistants in the office of the Sergeant-at-Arms be allowed the same compensation as was eTevatormen. allowed for the 1917 session, and that the elevator men be allowed $75 each, was considered. tMr. Curtis of Revere moved that the report be amended, t "A", by inserting the words "per diem". The amendment was adopted; and the report, as amended, ./as accepted. The Resolution to extend the power of the Commonwealth to Homes for provide homes for citizens (Doc. No. 320, amended, as ws: YEAS. [essrs. Adams, Brooks Messrs. Creamer, Walter H. Adams, Smith J. Dean, Robert A. Anderson, Frederick L. Derbyshire, James H. Aylward, James F. Donoghue, John A. Barrett, James T. Donovan, Daniel R. Batchelder, Albert W. Donovan, Thomas F. Bauer, Ralph S. Driscoll, Dennis D. Bigney, Robert E. Flynn, Maurice R. . Bodfish, John D. W. Gates, Joseph S. Brennan, James H. George, Samuel W. Broderick, Patrick S. Green, Thomas H. Buck, Maurice A. Harding, Clarence W. Bullock, William J. Hart, Albert Bushnell Butler, A. Webster Horgan, Francis J. Callahan, Timothy F. Johnson, Charles R. Carr, Edward Keliher, John A. Corrigan, Robert S. Kelley, Thomas R. 770 JOURNAL OF THE c6NVENTIOX, Messrs. Kelly, Luke L. Kenny, Herbert A. Kilbon, John L. Leonard, Joseph J. Lomasney, Martin M. Look, William J. Love, Joseph A. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Marshall, Daniel J. Martin, Martin L. Mclsaac, Daniel V. McLaud, Abner S. Moran, William Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F Nestor, Patrick F. Newton, H. Huestis Messrs. Adams, Charles Francis Adams, Scott A very, Nathan P. Balch, Francis N. Bangs, Francis R. Bassett, Edmund Bates, Sanford Bennett, Frank P. Bicknell, Wallace H. Blackmur, Paul R. Bosworth, Henry H. Bouve, Walter L. Boyden, Frank L. Brine, Henry C. Bruce, Charles Bryant, Lincoln Burrell, Fred J. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Coolidge, Louis A. Coombs, Zelotes W. Costello, Francis M. Crafts, Lyman A. Creed, James F. Cummings, Herbert E. Curtis, Arthur B. Curtis, Edwin U. Dale, George H. Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Doran, James P. Dresser, Frank F. Messrs. O'Connell, Joseph F. O'Connor, John D. Peterson, Patrick Quincy, Josiah Ray, Herbert L. Rieutord, Louis 0. Robinson, George H. Sawyer, Roland D. Scigliano, Alfred P. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Skerrett, Mark N. Stoeber, Charles Sullivan, William H. Sullivan, William J. Swig, Louis Talbot, Harry R. Thompson, Edward Underbill, Charles L. Walker, George Walsh, David I. Whipple, Sherman L. NAYS. Messrs. Dutch, Charles Frederick Farns worth, Frank S. Ferrey, Irving D. Ferry, James R. Flaherty, William Foss, George H. Fraser, Eugene B. Garland, Francis P. Gaylord, Henry E. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hawley, Truman R. Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kinney, William S. Lane, Daniel W. Lane, D wight F. Langelier, Louis F. R. Linke, Fred R. Loring, Augustus P. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. Lynch, John C. McAnarney, John W. Merriam, John M. Michelman, Joseph Montague, David T. TUESDAY, AUGUST 6, 1918. 771 Messrs. Morton, James M. Newhall, Arthur N. Nutting, Edward H. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Putnam, Harry B. Reidy, Michael J. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Sherburne, Nelson Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Sullivan, Edmund G. Messrs. Sweet, Joseph L. Theller, Ralph L. Thompson, John L. Trefry, William D. T. Turner, Joseph Walcott, Robert Walker, Joseph Washburn, Albert H. Waterman, George B. Webster, Francis E. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Williams, Fred Homer Wilson, William H. Winslow, Guy M. Wood, Charles J. 80 yeas; 119 nays. Therefore the amendment moved by Mr. O'Connell was re- jected. The first amendment moved by Mr. Maguire was then re- Amendments jected, by a vote of 26 to 103; and the second amendment rejed moved by the same member was also rejected. The resolution (see Doc. No. 413) was then passed to be engrossed. Mr. Edwin U. Curtis of Boston then moved that the Conven- Adjournment, tion adjourn; and this motion prevailed. Accordingly, at twenty-eight minutes before five o'clock, the Chair (Mr. Bullock of New Bedford) declared the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. 772 JOURNAL OF THE CONVENTION, WEDNESDAY, August 7, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Newton W. Bates of Fairport Harbor, Ohio. Manner of submitting amendments Submission of Amendments to the People. On motion of Mr. Washburn of Middleborough, - Ordered, That the committee on Rules and Procedure and the committee on Amendment and Codification of the Constitution, sitting jointly, report from time to time orders directing the manner in which the several proposals to amend the Constitu- tion, which may be duly passed by the Convention, shall be submitted to the people for their ratification and adoption at the state election to be held on November 5 next. Homes for citizens. Quorum. Roll call. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to extend the power of the Commonwealth to provide homes for citizens (Doc. No. 406, as changed by the committee on Form and Phraseology see Doc. No. 417) was considered, the question being on passing it to be engrossed. The question was put, and 38 members having voted in the affirmative and 38 in the negative the President declared the resolution rejected. Mr. Creed of Boston raised the point of order that a quorum was not present. A count of the Convention showed that 88 members were present; and the President requested the Sergeant- at-Arms to secure the attendance of a quorum. Subsequently Mr. Gleason of Andover moved that the roll of the Convention be called; and this motion prevailed. The roll was then called; and 161 members answered to their names, as follows : Messrs. Adams, Brooks Anderson, Frederick L. Aylward, James F. Bailey, Charles O. Bangs, Francis R. Barker, Warren S. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Messrs. Bates, John L. Bauer, Ralph S. Bennett, Frank P. Bicknell, Wallace H. Bosworth, Henry H. Bouve, Walter L. Boyden, Frank L. Brine, Henry C. Brown, E. Gerry Bruce, Charles WEDNESDAY, AUGUST 7, 1918. 773 Messrs. Bryant, Lincoln Buck, Maurice A. Bullock, William J. Burns, William A.. Butler, A. Webster Buttrick, Allan G. Callahan, Timothy F. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cooney, Charles P. Crafts, Lyman A. Craven, John H. Creamer, Walter H. Creed, James F. Crossley, William Cyril Cummings, Herbert E. Curtis, Arthur B. Curtis, Edwin U. Curtiss, Elmer L. Dale, George H. Daley, Peter Dean, Robert A. Dellinger, Raymond P. Derbyshire, James H. Donovan, Daniel R. Doran, James P. Dresser, Frank F. Driscoll, Dennis D. Dutch, Charles Frederick Farns worth, Frank S. Ferrey, Irving D. Ferry, James R. Finn, E. Philip Flaherty, William Flye, Louis Edwin Flynn, Maurice R. French, Asa P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Harding, Clarence W. Harriman, Arthur N. Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Messrs. Hutchings, Henry M. Jones, George R. Kelley, George W. Kelly, Luke L. Kenefick, Thomas W. Kilbon, John L.' Knotts, J. Franklin Lane, Daniel W. Lane, Dwight F. Langelier, Louis F. R. Leboeuf, Telesphore Linke, Fred R. Lomasney, Martin M. Look, William J. Loring, Augustus P. Love, Joseph A. Lowell, James A. Luce, Robert Lummus, Henry T. Lynch, John C. MacMaster, Edward A. Mahoney, John J. Marshall, Daniel J. McAnarney, John W. McLaud, Abner S. Merriam, John M. Moore, Charles D. C. Moran, William Morton, James M. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. Parker, Herbert Parkman, Henry Peirce, Albion G. Peterson, Patrick Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Shaw, Michael F. Shea, John M. Sheehan, Christopher A. Sherburne, Nelson Smith, Jerome S. Stoeber, Charles Sullivan, Edmund G. Sweet, Joseph L. Swig, Louis Tatman, Charles T. Theller, Ralph L. Thompson, John L. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Walker, Joseph Washburn, Albert H. 774 JOUENAL OF THE CONVENTION, Messrs. Waterman, George B. Webster, Francis E. Wellman, Arthur Holbrook Wheeler, William White, John A. Messrs. Whitehead, James Wing, Herbert Winslow, Guy M. Wood, Charles J. Resolution rejected. Therefore it appeared that a quorum was then present. The question was again put on passing the resolution to be engrossed; and 69 members voted in the affirmative and 79 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Dennis D. Driscoll of Boston; and on the roll call 90 members voted in the affirmative and 94 in the nega- tive, as follows : YEAS. Messrs. Adams, Brooks Anderson, Frederick L. Aylward, James F. Barrett, James T. Batchelder, Albert W. Bauer, Ralph S. Bennett, Frank P. Brown, E. Gerry Bullock, William J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Coombs, Zelotes W. Cooney, Charles P. Costello, Francis M. Craven, John H. Creamer, Walter H. Creed, James F. Curtis, Arthur B. Daley, Peter Dellinger, Raymond P. Derbyshire, James H. Donoghue, John A. Donovan, Daniel R. Doran, James P. Driscoll, Dennis D. Finn, E. Philip Flaherty, William Flynn, Maurice R. Foss, George H. Frost, Archie N. Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Green, Thomas H. Hale, Edward R. Hall, Isaac Freeman Harding, Clarence W. Harriman, Arthur N. Hicks, George H. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Kelley, George W. Messrs. Kelly, Luke L. Kilbon, John L. Knotts, J. Franklin Langelier, Louis F. R. Linke, Fred R. Lomasney, Martin M. Love, Joseph A. Lowell, James A. Mahoney, John J. Mansfield, John J. McAnarney, John W. McLaud, Abner S. Mitchell, John Moore, Charles D. C. Moran, William Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. Peirce, Albion G. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Robbins, Edward J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Stoeber, Charles Sullivan, William H. Sweet, Joseph L. Swig, Louis Tatman, Charles T. Theller, Ralph L. Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Whitehead, James Whittier, Eugene P. Winslow, Guy M. WEDNESDAY, AUGUST 7, 1918. 775 NAYS. Messrs. Bailey, Charles O. Ballantyne, John Bangs, Francis R. Barker, Warren S. Bartlett, Horace I. Bassett, Edmund Bicknell, Wallace H. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Brine, Henry C. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Cook, Benjamin A. Cook, Rufus H. Crafts, Lyman A. Crossley, William Cyril Cummings, Herbert E. Curtis, Edwin U. Curtiss, Elmer L. Dale, George H. Davis, William R. Dean, Robert A. Delano, Robert T. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farns worth, Frank S. Ferrey, Irving D. Ferry, James R. Flye, Louis Edwin French, Asa P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Messrs. Giddings, Charles Graumann, John Greenwood, Hamlet S. Hall, Elisha S. Hall, Frederick S. Hawley, Truman R. Hibbard, Charles E. Hutchings, Henry M. Jones, George R. Kenefick, Thomas W. Kinney, William S. Lane, Daniel W. Lane, Dwight F. Leboeuf, Telesphore Look, William J. Loring, Augustus P. Luce, Robert Lummus, Henry T. Lynch, John C. MacMaster, Edward A. Merriam, John M. Morton, James M. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Richardson, Edward A. Richardson, James P. Shea, John M. Smith, Jerome S. Sparrell, Ernest H. Stoneman, David Sullivan, Edmund G. Thompson, John L. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. Williams, Fred Homer Wing, Herbert Wood, Charles J. 90 yeas; 94 nays. I Therefore the Convention refused to pass the resolution to be engrossed. The Resolution relative to the revocation or alteration of Grants, grants, franchises, privileges or immunities (Doc. No. 103, pririieges,' amended, as changed by the committee on Form and Phrase- immunities - ology see Doc. No. 414) was read a third time; and it was passed to be engrossed. The engrossed Resolution relative to the public interest in Natural natural resources (see Doc. No. 379, amended) was considered, ^S^' the question being on submitting the proposal to the people. interest. 776 JOURNAL OF THE CONVENTION, Mr. Dresser, amendment. Rule 53 not suspended. After debate Mr. Dresser moved that Rule 53 be suspended, that he might move that the resolution be amended by striking out all after the title, and inserting in place thereof the fol- lowing: Section II of Chapter V of Part the Second of the constitu- tion is hereby amended by inserting before the words "to countenance and inculcate the principles of humanity" the words "to foster the development and use of the waste or undeveloped natural resources of the commonwealth;". On the question on suspending the rule, 94 members voted in the affirmative and 42 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Hobbs of Worcester; and on the roll call 114 members voted in the affirmative and 91 in the negative, as follows : YEAS. Messrs. Adams, Smith J. Bailey, Charles O. Ballantyne, John Bangs, Francis R. Barker, Warren S. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Bennett, Frank P. Bicknell, Wallace H. Bolster, Percy G. Bosworth, Henry H. Bouv6, Walter L. Boyden, Frank L. Brooks, George F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Burns, William A. Burrell, Fred J. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Crafts, Lyman A. Cummings, Herbert E. Curtis, Edwin U. Curtiss, Elmer L. Dale, George H. Davis, Elbridge G. Delano, Robert T. Derbyshire, James H. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Messrs. Ferrey, Irving D. Ferry, James R. Flaherty, William Flye, Louis Edwin French, Asa P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Graumann, John Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hibbard, Charles E. Hoitt, Augustus J. Hutchings, Henry M. Johnson, Charles R. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kerr, Alexander Lane, Daniel W. Langelier, Louis F. R. Leboeuf, Telesphore Love, Joseph A. Lowell, James A. Lummus, Henry T. Lynch, John C. Marshall, Daniel J. McAnarney, John W. Merriam, John M. Montague, David T. Morton, James M. Newhall, Arthur N. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Ray, Herbert L. Richardson, Edward A. Richardson, James P. WEDNESDAY, AUGUST 7, 1918. 777 Messrs. Robbins, Edward J. Shattuck, Josiah B. Shea, John M. Smith, Jerome S. Sparrell, Ernest H. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, John L. Trefry, William D. T. Messrs. Adams, Brooks Anderson, Frederick L. Aylward, James F. Batchelder, Albert W. Bauer, Ralph S. Bigney, Robert E. Brown, E. Gerry Bullock, William J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Cooney, Charles P. Costello, Francis M. Craven, John H. Creamer, Walter H. Creed, James F. Crossley, William Cyril Curtis, Arthur B. Daley, Peter Dean, Robert A. Donoghue, John A. Donovan, Daniel R. Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flynn, Maurice R. Foss, George H. Fraser, Eugene B. Frost, Archie N. Gartland, John J. Good, John P. Green, Thomas H. Greenwood, Hamlet S. Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hobbs, Clarence W., Jr. Horgan, Francis J. Keliher, John A. Kelly, Luke L. Kenny, Herbert A. Kilbon, John L. 114 Messrs. Turner, Joseph Underbill, Charles L. Walcott, Robert Washburn, Albert H. Waterman, George B. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Williams, Fred Homer Wing, Herbert Wood, Charles J. NATS. Messrs. Kinney, William S. Knotts, J. Franklin Lane, Dwight F. Linke, Fred R. Lomasney, Martin M. Loring, Augustus P. Luce, Robert MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mansfield, John J. McCarthy, Charles F. McLaud, Abner S. Michelman, Joseph Mitchell, John Moore, Charles D. C. Moran, William Moynihan, James J. Murley, Joseph J. Nestor, Patrick F. Newton, H. Huestis O'Connell, John J. O'Connor, John D. Peirce, Albion G. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Stearns, Harry N. Stoeber, Charles Sullivan, Joseph M. Sullivan, William H. Swig, Louis Talbot, Harry R. Theller, Ralph L. Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Whitehead, James Winslow, Guy M. yeas; 91 nays. I Therefore the Convention refused to suspend Rule 53, less than two-thirds of the members present having voted in the affirmative. 778 JOURNAL OF THE CONVENTION, - r ameid b iSs. Mr - Pillsbury of Wellesley then moved that Rule 53 be sus- ' pended, that he might move that the resolution be amended by striking out, in line 3, the words ", development and utiliza- tion", and inserting in place thereof the words "and develop- ment"; and by striking out, in lines 9 and 10, the words ", devel- opment, utilization and control", and inserting in place thereof the words "and development". After debate the Convention refused to suspend said rule. After further debate the previous question was ordered, on motion of Mr. Chandler of Somerville. At one o'clock, under the provisions of a standing order, the President declared a recess until two o'clock; at which hour the Convention reassembled. After debate the question was put on the question on sub- mitting the proposal to the people, and 99 members voted in the affirmative and 71 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Dresser of Worcester; and on the roll call 136 members voted in the affirmative and 86 in the negative, as follows : Previous question. Recess. Proposal submitted to the people. YEAS. Messrs. Adams, Brooks Anderson, Frederick L. Ay 1 ward, James F. Bailey, Charles O. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bauer, Ralph S. Bennett, Frank P. Bigney, Robert E. Bouv6, Walter L. Boynton, Thomas J. Brennan, James H. Brennan, James J. Brown, E. Gerry Bullock, William J. Burrell, Fred J. Butler, A. Webster Callahan, Timothy F. Carr, Edward Clark, Ezra W. Cooney, Charles P. Costello, Francis M. Craven, John H. Creamer, Walter H. Creed, James F. Crossley, William Cyril Cummings, John W. Curtis, Arthur B. Curtiss, Elmer L. Daley, Peter Davis, William R. Dean, Robert A. Dellinger, Raymond P. Derbyshire, James H. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Donovan, Thomas F. Messrs .Doran, James P. Driscoll, Dennis D. Driscoll, Timothy J. Finn, E. Philip Flaherty, William Flynn, Maurice R. Fraser, Eugene B. Frost, Archie N. Gartland, John J. Gates, Joseph S. Glazier, Frederick P. Gleason, Nesbit G. Granfield, William J. Green, Thomas H. Greenwood, Hamlet S. Hall, Isaac Freeman Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hawley, Truman R. Hicks, George H. Hobbs, Clarence W., Jr Hoitt, Augustus J. Horgan, Francis J. Jones, George R. Keliher, John A. Kelly, Luke L. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Kinney, William S. Knotts, J. Franklin Lane, Dwight F. Langelier, Louis F. R. Leonard, Joseph J. Linke, Fred R. Lomasney, Martin M. Look, William J. WEDNESDAY, AUGUST 7, 1918. 779 Messrs. Loring, Augustus P. Lowell, James A. Luce, Robert MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Marshall, Daniel J. McCarthy, Charles F. McLaud, Abner S. Michelman, Joseph Mitchell, Charles Mitchell, John Moore, Charles D. C. Moran, William Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. O'Connell, Joseph F. O'Connor, John D. Peirce, Albion G. Peterson, Patrick Quincy, Josiah Messrs. Adams, Scott Adams, Smith J. Balch, Francis N. Ballantyne, John Bangs, Francis R. Barker, Warren S. Bartlett, Horace I. Bassett, Edmund Bicknell, Wallace H. Bolster, Percy G. Bos worth, Henry H. Boy den, Frank L. Brooks, George F. Bruce, Charles Bryant, Lincoln Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Cook, Benjamin A. Cook, Rufus H. Coolidge, Louis A. Coombs, Zelotes W. Crafts, Lyman A. Cummings, Herbert E. Curtis, Edwin U. Dale, George H. Davis, Elbridge G. Messrs. Quinn, Timothy F. Loss, Samuel Scigliano, Alfred P. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Skerrett, Mark N. Smith, Jerome S. Sparrell, Ernest H. Stearns, Harry N. Stoeber, Charles Sullivan, William H. Sweet, Joseph L. Swig, Louis Talbot, Harry R. Tatman, Charles T. Theller, Ralph L. Walcott, Robert Walker, George Walker, Joseph Walsh, David I. Webster, Francis E. Webster, George P. Wheeler, William White, John A. Whitehead, James Whittier, Eugene P. Winslow, Guy M. NAYS. Messrs. Delano, Robert T. Doe, Orestes T. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Ferrey, Irving D. Ferry, James R. Flye, Louis Edwin Foss, George H. French, Asa P. Gaylord, Henry E. George, Samuel W. Giddings, Charles Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hibbard, Charles E. Hutchings, Henry M. Kelley, George W. Kenefick, Thomas W. Lane, Daniel W. Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. Lynch, John C. McAnarney, John W. Merriam, John M. Montague, David T. Morton, James M. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Ray, Herbert L. 780 JOURNAL OF THE CONVENTION, Messrs. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Shattuck, Josiah B. Shea, John M. Stoneman, David Sullivan, Edmund G. Thompson, John L. Messrs. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Waterman, George B. Wellman, Arthur Holbrook Williams, Fred Homer Wing, Herbert Wood, Charles J. 136 yeas; 86 nays. Administra- tion of state business. Mr. B. Adams, amendment. Mr. J. P. Richardson, - amendments. Adjournment. Therefore the Convention voted to submit the proposal to the people. The Resolution to provide for the more efficient administra- tion of the business of the Commonwealth (Doc. No. 407) was read a second time. After debate Mr. Adams of Quincy moved that the resolution be amended by striking out, in line 23, the words ", board or commission". After further debate Mr. Richardson of Newton moved that the resolution be amended by inserting after the word "appointed", in line 26, the words "and may be removed"; and by striking out, in lines 27 and 28, the words ", and shall be removable in such manner as may be provided by law". Mr. White of North Brookfield then moved that the Con- vention adjourn; and this motion prevailed. Accordingly, at twenty-nine minutes past four o'clock, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. THURSDAY, AUGUST 8, 1918. 781 THURSDAY, August 8, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Horace A. Roberts of Block Island, Rhode Island. Admission to the Floor Corporal Slater Washburn. On motion of Mr. Parker of Lancaster, Voted, That admission to the floor be granted to Corporal Corporal Slater Washburn of Battery C, 101st Regiment of Field Artillery, Washburn, - 26th Division of the United States Army, son of Delegate Charles G. Washburn of Worcester, Corporal Washburn having recently returned from active service in France to be assigned for duty in this country. Waiving of Salaries by Absent Members. Mr. Curtis of Revere offered the following order, and the President stated that the consideration thereof would be post- poned until the next session: Ordered, That the Treasurer and Receiver-General may accept Waiving of the waiver of the salary, or any part thereof, of any member of by^lTent the Convention who has been absent from its sessions, and may members, thereupon dispose of the sums so waived as though the same had not been appropriated to salaries by the Convention, unless the waiver requests the payment thereof to the work of the Red Cross, in which event it shall be so disposed of. The Secretary of the Convention is hereby directed to notify each delegate of the adoption of this order. Engrossed Resolutions. Engrossed resolutions Relative to the selection of officers of the militia (see Doc. No. Militia. 399); Relative to the powers of the Commander-in-Chief and of the id. General Court in matters concerning the militia (see Doc. No. 400); Relative to succession to the offices of Governor and Lieu- Governor and tenant-Governor in cases of vacancies in those offices (see Doc: Governor 1 !* No. 401); succession. Relative to the return by the Governor, with recommenda- Legislative tions for amendments, of bills passed by the General Court (see bllls> ~~ return - . No. 402); Providing that women shall be eligible to appointment as Notaries IT/ T-i XT *r*A\ publlC, aries public (see Doc. No. 404); women. Relative to the retirement of judicial officers (see Doc. No. Judicial o \ , omcers, 6) ; and retirement. 782 JOURNAL OF THE CONVENTION, Grants, franchises, privileges, immunities. Relative to the revocation or alteration of grants, franchises, privileges or immunities (see Doc. No. 414); Were severally laid before the Convention; and the President stated that the resolutions would be placed in the Orders of the Day for the next session. Administra- tion of state business. Mr. Underbill, amendments, Mr. Newton, amendment. Mr. J. Walker, amendment. Recess. Quorum. Mr. S. Bates, amendment. Previous question. Amendments rejected. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution to provide for the more efficient administra- tion of the business of the Commonwealth (Doc. No. 407), being the unfinished business of the preceding session, was considered further, the main question being on ordering it to a third reading. After debate (Mr. Hibbard of Pittsfield being in the chair) Mr. Underhill of Somerville moved that the resolution be amended by striking out, in lines 5, 6 and 7, the words "The appointment of executive or administrative officers shall be classed as an executive function."; and by striking out lines 38 to 44, inclusive. Mr. Newton of Everett moved that the resolution be amended by striking out, in lines 31 to 36, inclusive, the words " : pro- vided, that if the general court fails to pass such a law at its first session after the adoption of this amendment an organization in conformity herewith shall be established by an order passed by the governor and council, which shall have the effect of law". After further debate Mr. Walker of Brookline moved that the resolution be amended by striking out, in lines 27 and 28, the words "and shall be removable in such manner as may be pro- vided by law", and inserting in place thereof the words "for such term as may be provided by law but shall be removable at any time by the governor". At one o'clock, under the provisions of a standing order, the Chair (Mr. Hibbard) declared a recess until two o'clock; at which hour the Convention reassembled, with the President in the chair. Mr. Sullivan of Salem moved that the roll of the Convention be called, to ascertain if a quorum was present; and this motion was negatived. After debate Mr. Bates of Boston moved that the resolution be amended by striking out lines 16 to 44, inclusive. The previous question was then ordered, on motion of Mr. Chandler of Somerville. After debate the first amendment moved by Mr. Underhill was rejected; the amendment previously moved by Mr. Adams of Quincy was rejected; the amendments previously moved by Mr. Richardson of Newton were rejected; the amendment moved by Mr. Walker was rejected, by a vote of 27 to 128; the amend- ment moved by Mr. Newton was rejected; the amendment moved by Mr. Bates was rejected, by a vote of 83 to 88; and the second amendment moved by Mr. Underhill was rejected. On the question on ordering the resolution to a third reading, 82 members voted in the affirmative and 101 in the negative. THURSDAY, AUGUST 8, 1918. 782 The sense of the Convention was then taken by yeas and nays, at the request of Mr. Kilbon of Springfield ; and on the roll call 96 members voted in the affirmative and 109 in the negative, as follows: YEAS. Messrs. Adams, Scott Anderson, Frederick L. Aylward, James F. Balch, Francis N. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bennett, Frank P. Blackmur, Paul R. Bodfish, John D. W. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Boynton, Thomas J. Brine, Henry C. Burns, William A.' Burrell, Fred J. Carr, Edward Churchill, George B. Clapp, Robert P. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Coombs, Zelotes W. Coughlan, William J. Crafts, Lyman A. Creamer, Walter H. Curtiss, Elmer L. Dale, George H. Daley, Peter Dean, Robert A. Dellinger, Raymond P. Donoghue, John A. Driscoll, Timothy J. Dutch, Charles Frederick Flynn, Maurice R. Gates, Joseph S. Glazier, Frederick P. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hart, Albert Bushnell Hibbard, Charles E. Hoitt, Augustus J. Hutchings, Henry M. Johnson, Charles R. Kelley, George W. Adams, Charles Francis Adams, Smith J. Avery, Nathan P. Bailey, Charles O. Ballantyne, John Bangs, Francis R. Barker, Warren S. Bartlett, Horace I. Bassett, Edmund Messrs. Kenefick, Thomas W. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Langelier, Louis F. R. Leonard, Joseph J. Linke, Fred R. Loring, Augustus P. Lowell, James A. Luce, Robert Lummus, Henry T. Mansfield, John J. Marshall, Daniel J. McAnarney, John W. McLaud, Abner S. Mitchell, Charles Nutting, Edward H. O'Connell, Joseph F. Peirce, Albion G. Pillsbury, Albert E. Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Richardson, Edward A. Richardson, James P. Robbins, Edward J. Shea, John M. Skerrett, Mark N. Smith, Rutherford E. Stearns, Harry N. Sullivan, Edmund G. Sullivan, William H. Sweet, Joseph L. Talbot, Harry R. Theller, Ralph L. Thompson, Edward Thompson, John L. Underbill, Charles L. Walker, Joseph Walsh, David I. Washburn, Albert H. Wellman, Arthur Holbrook W T hite, John A. Whitehead, James Whittier, Eugene P. Wilson, William H. Wing, Herbert Winslow, Guy M. NAYS. Messrs. Besse, Harold A. Bicknell, Wallace H. Bigney, Robert E. Bolster, Percy G. Boucher, Joseph Zoel Brennan, James H. Broderick, Patrick S. Brown, E. Gerry Bryant, Lincoln 784 JOURNAL OF THE CONVENTION, Buck, Maurice A. Bullock, William J. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Clark, Chester W. Coolidge, Louis A. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Craven, John H. Creed, James F. Cummings, Herbert E. Curtis, Arthur B. Curtis, Edwin U. Davis, Elbridge G. Davis, William R. Delano, Robert T. Derbyshire, James H. Doe, Orestes T. Donovan, Daniel R. Donovan, Thomas F. Dresser, Frank F. Driscoll, Dennis D. Farnsworth, Frank S. Feiker, WiUiam H. Ferry, James R. Flaherty, William Foss, George H. Frost, Archie N. Gaylord, Henry E. George, Samuel W. Gleason, Nesbit G. Granfield, William J. Green, Thomas H. Hall, Isaac Freeman Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hobbs, Clarence W., Jr. Horgan, Francis J. Jones, George R. Kinney, William S. Lane, Dwight F. Lomasney, Martin M. Look, William J. Messrs. Lowe, Arthur H. Lyman, Frank E. Maguire, James E. Mahoney, John J. Mancovitz, David Martin, Martin L. Merriam, John M. Michelman, Joseph Mitchell, John Montague, David T. Moran, William Morrill, Charles H. Morton, James M. Moynihan, James J. Murley, Joseph J. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. Parker, Herbert Parkman, Henry Peterson, Patrick Reidy, Michael J. Ross, Samuel Saunders, Amos T. Sawyer, Roland D. Scigliano, Alfred P. Shattuck, Josiah B. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Smith, Jerome S. Stoeber, Charles Sullivan, Joseph M. Sullivan, William J. Tatman, Charles T. Turner, Joseph Walcott, Robert Walker, George Waterman, George B. Webster, George P. Wheeler, William Williams, Fred Homer Wonson, Carlton W. Wood, Charles J. 96 yeas; 109 nays. Public employees, selection. Adjournment. Therefore the Convention refused to order the resolution to a third reading. The Resolution relative to the selection of employees for public service (Doc. No. 408) was read a second time. Mr. Flynn of Maiden then moved that the Convention adjourn; and this motion prevailed. Accordingly, at twenty-one minutes past four o'clock, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. FRIDAY, AUGUST 9, 1918. 785 FRIDAY, August 9, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. J. Franklin Knotts of Somerville, a member of the Convention. Admission to the Floor Lieutenant Walter L. Bouve, Jr. On motion of Mr. Curtiss of Hingham, Voted, That admission to the floor be granted to Lieutenant Admission Walter L. Bouve, Jr., of Company C, 807th Regiment of In- fantry, United States Army, son of Delegate Walter L. Bouve of Hingham. Report of a Committee. Mr. William H. Sullivan of Boston, for the committee on Bill of Rights, to whom was recommitted (on July 25) the Resolution and class to prevent the granting of special privileges and creating class distinction among the people of this Commonwealth (Doc. No. 308, as changed by the committee on Form and Phraseology see Doc. No. 392) reported that the same ought not to pass. The resolution was placed in the Orders of the Day for the next session, the question being on the rejection of the proposal. Reconsideration. Mr. Sullivan of Salem moved that the vote be reconsidered by Administration which the Convention, at the preceding session, refused to order business, to a third reading the Resolution to provide for the more efficient administration of the business of the Commonwealth (Doc. No. 407). After debate the question was put, and 80 members voted in the affirmative and 61 in the negative. Mr. Feiker of Northampton raised the point of order that a Quorum, quorum was not present. A count of the Convention showed that 147 members were present; and the President requested the Sergeant-at-Arms to secure the attendance of a quorum. On the appearance of a quorum the question was again put on the motion to reconsider, and 83 members voted in the affirma- tive and 72 in the negative. The sense of the Convention was then taken by yeas and nays, Motion to at the request of Mr. Feiker; and on the roll call 90 members tted in the affirmative and 87 in the negative, as follows: I YEAS. . Adams, Brooks Messrs. Bates, Sanford Anderson, Frederick L. Bennett, Frank P. Aylward, James F. Bodfish, John D. W. Balch, Francis N. Bolster, Percy G. Barrett, James T. Bosworth, Henry H. Batchelder, Albert W. Bouve", Walter L. 786 JOURNAL OF THE CONVENTION, Messrs. Boyden, Frank L. Brine, Henry C. Brooks, George F. Bryant, Lincoln Burrell, Fred J. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Coogan, Clement F. Cook, Benjamin A. Coombs, Zelotes W. Creamer, Walter H. Curtis, Arthur B. Curtiss, Elmer L. Dale, George H. Dellinger, Raymond P. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Doran, James P. Dutch, Charles Frederick Ferrey, Irving D. Flynn, Maurice R. Gates, Joseph S. Glazier, Frederick P. Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Isaac Freeman Harding, Clarence W. Hibbard, Charles E. Hicks, George H. Hoitt, Augustus J. Messrs. Hutchings, Henry M. Kelley, George W. Kenefick, Thomas W. Knotts, J. Franklin Lane, Dwight F. Langelier, Louis F. R. Lowell, James A. Luce, Robert Lummus, Henry T. Lyman, Frank E. Lynch, John C. McLaud, Abner S. Mitchell, Charles Myron, John F. Nutting, Edward H. O'Connell, Joseph F. Peirce, Albion G. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Richardson, James P. Smith, Jerome S. Sparrell, Ernest H. Stoeber, Charles Sullivan, Edmund G. Theller, Ralph L. Trefry, William D. T. Walcott, Robert Walker, Joseph Walsh, David I. Washburn, Albert H. Wellman, Arthur Holbrook White, John A. Whitehead, James Whittier, Eugene P. Wilson, William H. Winslow, Guy M. Wood, Charles J. NAYS. Messrs. Adams, Smith J. Bailey, Charles O. Bangs, Francis R. Bartlett, Horace I. Bassett, Edmund Bigney, Robert E. Boucher, Joseph Zoel Brennan, James H. Broderick, Patrick S. Brown, E. Gerry Bruce, Charles Buck, Maurice A. Bullock, William J. Burns, William A. Buttrick, Allan G. Carr, Edward Chandler, Leonard B. Coolidge, Louis A. Costello, Francis M. Crafts, Lyman A. Craven, John H. Creed, James F. Crossley, William Cyril Cummings, Herbert E. Messrs. Curtis, Edwin U. Daley, Peter Davis, Elbridge G. Davis, William R. Dean, Robert A. Delano, Robert T. Derbyshire, James H. Donovan, Thomas F. Driscoll, Dennis D. Farnsworth, Frank S. Feiker, William H. Ferry, James R. Flaherty, William Flye, Louis Edwin Gaylord, Henry E. George, Samuel W. Good, John P. Green, Thomas H. Hall, Frederick S. Harriman, Arthur N. Harrington, Patrick H. Hobbs, Clarence W., Jr. Horgan, Francis J. Jones, George R. FKIDAY, AUGUST 9, 1918. 787 Messrs. Keliher, John A. Kinney, William S. Leonard, Joseph J. Lomasney, Martin M. Look, William J. Loring, Augustus P. Lowe, Arthur H. ' Mahoney, John J. Mancovitz, David Merriam, John M. Montague, David T. Moran, William Moynihan, James J. Murley, Joseph J. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. Parkman, Henry PUlsbury, Albert E. Messrs. Richardson, Edward A. Robbins, Edward J. Saunders, Amos T. Scigliano, Alfred P. Shea, John M. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sullivan, William H. Sullivan, William J. Swig, Louis Talbot, Harry R. Tatman, Charles T. Thompson, Edward Waterman, George B. Webster, George P. Wheeler, William Wing, Herbert Wonson, Carlton W. 90 yeas; 87 nays. Therefore the motion to reconsider prevailed. On the recurring question on ordering the resolution to a third reading, 79 members voted in the affirmative and 79 in the negative. The sense of the Convention was then taken by yeas and nays, Resolution at the request of Mr. Sullivan of Salem; and on the roll call 106 members voted in the affirmative and 87 in the negative, as fol- lows: YEAS. Messrs. Adams, Brooks Anderson, Frederick L. Aylward, James F. Balch, Francis N. Barrett, James T. Batchelder, Albert W. Bates, Sanford Bennett, Frank P. Blackmur, Paul R. Bodfish, John D. W. Bolster, Percy G. Bosworth, Henry H. Boyden, Frank L. Brine, Henry C. Brooks, George F. Burns, William A. Burrell, Fred J. Carr, Edward Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Coogan, Clement F. Cook, Benjamin A. Coombs, Zelotes W. Coughlan, William J. Crafts, Lyman A. Messrs. Creamer, Walter H. Curtiss, Elmer L. Dale, George H. Dean, Robert A. Dellinger, Raymond P. Donnelly, James P. Donoghue, John A. Donovan, Daniel R. Doran, James P. Driscoll, Timothy J. Dutch, Charles Frederick Ferrey, Irving D. Flye, Louis Edwin Flynn, Maurice R. Fraser, Eugene B. Gates, Joseph S. Glazier, Frederick P. Gleason, Nesbit G. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Isaac Freeman Harriman, Arthur N. Hart, Albert Bushnell Hibbard, Charles E. Hicks, George H. Hoitt, Augustus J. Hutchings, Henry M. Kelley, George W. Kenefick, Thomas W. Kilbon, John L. 788 JOURNAL OF THE CONVENTION, Messrs. Knotts, J. Franklin Lane, Dwight F. Langelier, Louis F. R. Leonard, Joseph J. Lowell, James A. Luce, Robert Lummus, Henry T. Lynch, John C. Mansfield, John J. Marshall, Daniel J. McLaud, Abner S. Merrill, George Frye Mitchell, Charles Nutting, Edward H. O'Connell, Joseph F. Peirce, Albion G. Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Ray, Herbert L. Richardson, Edward A. Richardson, James P. Messrs. Adams, Charles Francis Adams, Smith J. Bailey, Charles O. Ballantyne, John Bangs, Francis R. Bartlett, Horace I. Bassett, Edmund Bigney, Robert E. Boucher, Joseph Zoel Brennan, James H. Broderick, Patrick S. Brown, E. Gerry Bruce, Charles Bryant, Lincoln Buck, Maurice A. Bullock, William J. Buttrick, Allan G. Chandler, Leonard B. Coolidge, Louis A. Costello, Francis M. Craven, John H. Creed, James F. Crossley, William Cyril Cummings, Herbert E. Curtis, Arthur B. Curtis, Edwin U. Daley, Peter Davis, Elbridge G. Davis, William R. Delano, Robert T. Derbyshire, James H. Donovan, Thomas F. Driscoll, Dennis D. Farnsworth, Frank S. Feiker, William H. Ferry, James R. Flaherty, William Gaylord, Henry E. George, Samuel W. Good, John P. Messrs. Robbins, Edward J. Shea, John M. Smith, Jerome S. Sparrell, Ernest H. Stoeber, Charles Sullivan, Edmund G. Sullivan, William H. Theller, Ralph L. Thompson, Edward Trefry, William D. T. Underbill, Charles L. Walcott, Robert Walker, Joseph Walsh, David I. Washburn, Albert H. Wellman, Arthur Holbrook White, John A. Whitehead, James Whittier, Eugene P. Wilson, William H. Wing, Herbert Winslow, Guy M. NAYS. Messrs. Green, Thomas H. Hall, Frederick S. Harding, Clarence W. Harrington, Patrick H. Hobbs, Clarence W., Jr. Horgan, Francis J. Jones, George R. Keliher, John A. Kelley, Thomas R. Kinney, William S. Lane, Daniel W. Lomasney, Martin M. Look, William J. Loring, Augustus P. Lowe, Arthur H. Lyman, Frank E. Maguire, James E. Mahoney, John J. Mancovitz, David Merriam, John M. Montague, David T. Moran, William Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. Parkman, Henry Pillsbury, Albert E. Saunders, Amos T. Scigliano, Alfred P. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sherburne, Nelson Sullivan, William J. Swig, Louis Talbot, Harry R. I FRIDAY, AUGUST 9, 1918. 789 Messrs. Tatman, Charles T. Messrs. Williams, Fred Homer Waterman, George B. Wonson, Carlton W. Webster, George P. Wood, Charles J. Wheeler, William 106 yeas; 87 nays. Therefore the resolution was ordered to a third reading. Discharged from the Orders of the Day. On motion of Mr. Pillsbury of Wellesley the following order (offered by Mr. Curtis of Revere on August 8) was discharged from the Orders of the Day, under Rule 39; and, pending the question on the adoption of the order, the further consideration thereof was postponed, on motion of the same member, until Tuesday next, first in the Orders of the Day: Ordered, That the Treasurer and Receiver-General may accept Waiving of the waiver of the salary, or any part thereof, of any member of ^absent the Convention who has been absent from its sessions, and may members. thereupon dispose of the sums so waived as though the same had not been appropriated to salaries by the Convention, unless the waiver requests the payment thereof to the work of the Red Cross, in which event it shall be so disposed of. The Secretary of the Convention is hereby directed to notify each delegate of the adoption of this order. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The Resolution relative to the selection of employees for Public public service (Doc. No. 408), being the unfinished business of the preceding session, was considered further, the question being on ordering it to a third reading. After debate (Mr. Doe of Franklin being in the chair) Mr. Mr.Curtiss, Curtiss of Hingham moved that the resolution be amended by amendment - inserting before the word "provided", in line 13, the words "provided that the civil service commission shall allow by way of preference to all applicants honorably discharged from the military or naval service of the United States who are citizens of the United States and of this commonwealth such number of marks as it may deem consistent with maintaining the efficiency of the public service, and that in certifying names for appoint- ment such honorably discharged applicants shall be given the preference over all other applicants who have received equal number of marks, and". Mr. Brown of Brockton then moved that the provisions of the standing order requiring the President to declare a recess at one o'clock be suspended. After debate, at one o'clock, under the provisions of said order, Recess, the Chair (Mr. Doe) declared a recess until two o'clock; at which our the Convention reassembled. 790 JOURNAL OF THE CONVENTION, Quorum. Mr. Leonard, amendment. Mr. B. Adams, amendments. Mr. Pillsbury, amendment. Previous question. Amendments rejected. Resolution rejected. Mr. Clark of Brockton doubted the presence of a quorum; and the Chair (Mr. Doe) requested the Sergeant-at-Arms to secure the attendance of a quorum. After debate (the President having returned to the chair) Mr. Leonard of Boston moved that the resolution be amended by striking out lines 4 to 35, inclusive, and inserting in place thereof the following : "The general court may determine by law the basis upon which those foreign born male persons who did not render military or naval service, and who, being eligible to naturaliza- tion, did not become citizens of the United States before any specified date in the period of the present war, may hereafter enter the public service or of any civil division thereof." Mr. Adams of Quincy moved that the resolution be amended by striking out, in lines 7 and 8, the words ", and not responsible for the formation of policies,"; and by striking out, in lines 17 and 18, the words "The general court may determine what public servants are responsible for the formation of policies." Mr. Shaw of Revere then moved the previous question. There being no objection, Mr. Pillsbury of Wellesley then moved that the resolution be amended by striking out lines 4 to 35, in- clusive, and inserting in place thereof the following: - "Appointments and promotions in the civil service of the com- monwealth and of all political divisions thereof shall be made according to merit and fitness, to be ascertained, so far as practi- cable, by examinations, which, so far as practicable, shall be competitive." The previous question was then ordered. After debate the amendments moved by Messrs. Curtiss and Adams were severally rejected; the amendment moved by Mr. Leonard was rejected, by a vote of 36 to 72; and the amend- ment moved by Mr. Pillsbury was rejected, by a vote of 45 to 76. The Convention then refused, by a vote of 36 to 98, to order the resolution to a third reading. Adjournment. ]y[ r Gleason of Andover then moved that the Convention adjourn; and this motion prevailed. Accordingly, at one minute before four o'clock, the Conven- tion adjourned, to meet on Tuesday next at half-past ten o'clock A.M. TUESDAY, AUGUST 13, 1918. 791 TUESDAY, August 13, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Paul Harris Drake of Boston. Leave of Absence. On motion of Mr. Barker of Fall River, Ordered, That Mr. Turner of Fall River be granted leave of Joseph Turner, absence, under Rule 13, on account of illness in his family. On motion of Mr. Rieutord of Southbridge, Ordered, That Mr. Leboeuf of Webster be granted leave of absence, under Rule 13, for one week, on account of duties in connection with war work. On motion of Mr. Robinson of Sturbridge, Ordered, That Mr. Love of Webster be granted leave of absence, Joseph A. under Rule 13, for one week, on account of duties in connection Love * with war work. Memorial in Support of Biennial Elections. The President presented a memorial of the Massachusetts Biennial Real Estate Exchange in support of the Resolution to provide el for biennial elections of state officers, councillors and members of the General Court (Doc. No. 126) ; and the same was placed on file. Compensation of Certain State House Employees. On motion of Mr. Harriman of New Bedford, Ordered, That the committee on Contingent Expenses and Engineer's Pay-Roll consider the advisability of providing for compensating comp r eSltfon~ employees in the engineer's department of the State House, on of employees. account of increased duties in connection with the Convention. Proposed Amendment of Rule 18. The following order was offered by Mr. Williams of Brookline, and the President stated that it would be placed in the Orders of the Day for the next session: Ordered, That Rule 18 be amended by adding at the end Rule is, thereof the words ": provided, however, that, in debate on the debate! 01 questions on passing a resolution to be engrossed and on sub- mitting a proposal to the people, members shall be limited to re minutes each". 792 JOURNAL OF THE CONVENTION, Waiving of salaries by absent members. Mr. Creed, - amendment. Council, statutory orders. Mr. Wellman, amendment. Mr. Hart, amendment. Previous question. postponed. Amendments rejected. Resolution rejected. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The following order (offered by Mr. Curtis of Revere on August 8) was considered : Ordered, That the Treasurer and Receiver-General may ac- cept the waiver of the salary, or any part thereof, of any member of the Convention who has been absent from its sessions, and may thereupon dispose of the sums so waived as though the same had not been appropriated to salaries by the Convention, unless the waiver requests the payment thereof to the work of the Red Cross, in which event it shall be so disposed of. The Secretary of the Convention is hereby directed to notify each delegate of the adoption of this order. Mr. Creed of Boston moved that the order be amended by inserting after the words "Red Cross " the words ", the Young Men's Christian Association, the Knights of Columbus, the Sal- vation Army or the Jewish War Relief ". There being no objection Mr. Curtis accepted the amendment as a part of the order. The order, as thus modified, was then adopted. The Resolution relative to the passing by the Council of stat- utory orders relating to local, special or private matters (Doc. No. 409) was read a second time. After debate (Mr. Good of Cambridge being in the chair) Mr. Wellman of Topsfield moved that the resolution be amended by striking out lines 3 to 53, inclusive, and inserting in place thereof the following: "The general court may delegate to the council the power to pass, with the approval of the governor, and under such rules and limitations as the general court shall prescribe, acts and resolves of a local, special or private nature, and orders for the carrying out of provisions of existing law, but all such acts, resolves and orders shall be subject to alteration, amendment or repeal by the general court." After further debate Mr. Hart of Cambridge moved that the amendment be amended by striking out the word ", special". The previous question was then ordered, on motion of Mr. Chandler of Somerville. On motion of Mr. Pillsbury of Wellesley the provisions of the standing order requiring the Chair to declare a recess at one o'clock were suspended. The amendment moved by Mr. Hart was then rejected; and the amendment moved by Mr. Wellman was rejected, by a vote of 30 to 103. The Convention then refused, by a vote of 55 to 94, to order the resolution to a third reading. Mr. Pillsbury then moved that a recess be taken until two o'clock; and this motion prevailed. TUESDAY, AUGUST 13, 1918. 793 Accordingly, at one o'clock, the Chair (Mr. Good) declared a Recess, recess until two o'clock; at which hour the Convention re- assembled, with the President in the chair. The Resolution relative to procedure in petitioning the Gen- General eral Court for legislation relating to local, special or private ^J^~ matters (Doc. No. 410) was read a second time; and after de- for special bate the Convention refused, by a vote of 44 to 56, to order glsls the resolution to a third reading. The Resolution to provide for the regulation of advertising Advertising in in public places (Doc. No. 381) was read a third time; and it public places. was passed to be engrossed. The motion that Rule 35 be suspended on the Resolution rela- use of natural tive to the use of natural resources (Doc. No. 412) (made by Mr. resources. Balch of Boston on July 17) was considered. The Convention refused, as recommended by the committee on Rules and Procedure, to suspend said rule; and the resolution was placed on file. The Resolution relative to the power of the General Court to construction limit buildings according to their use or construction to specified of districts of cities and towns (Doc. No. 386, as changed by the committee on Form and Phraseology see Doc. No. 415) was read a third time; and it was passed to be engrossed. The following order was rejected, as recommended by the committee on Amendment and Codification of the Constitu- tion: Ordered, (1) That the work of the Massachusetts Constitu- submission tional Convention shall take the form of a main constitution and * * h ^ people of a series of separate amendments, to be designated by the stitutkmand Convention. amendments. (2) That the main constitution shall be based upon the present Constitution and the amendments now in force, which shall be consolidated and arranged, as amended, in proper subdivisions under appropriate titles, omitting all articles, clauses and words not in force, and making no other changes in the provisions, and no substantive changes in the language thereof. (3) That the main constitution, consolidated and arranged as aforesaid, and the separate amendments shall be submitted to a vote of the people in such form that the main constitu- tion and each of the separate amendments shall be voted upon separately. (4) That, in case the main constitution should not be adopted, those separate amendments that shall be adopted each for itself shall become amendments and parts of the present Constitution. The Resolution relative to service on certain legislative recess Legislative committees and commissions (Doc. No. 389, amended, as J^^ ^ changed by the committee on Form and Phraseology see Doc. commissions. No. 418) was read a third time. Mr. Pillsbury of Wellesley moved that the resolution be Mr. Piiisbury, amended by striking out lines 3 to 10, inclusive, and inserting in place thereof the following: 794 JOURNAL OF THE CONVENTION, Mr. Harriman, amendment. Mr. Hobbs, amendments. Mr. E. W. Clark, - amendment. Previous question. Amendment adopted. Compulsory voting. Previous question. Resolution ordered engrossed. "No person elected to the general court shall during the term for which he was elected be appointed to any office created or the emoluments whereof are increased during such term, nor receive additional salary or compensation for service upon any recess committee or commission except a committee appointed to examine a general revision of the statutes of the common- wealth when submitted to the general court for adoption." Mr. Harriman of New Bedford moved that the resolution be amended by striking out lines 3 to 10, inclusive, and inserting in place thereof the following: - "No person elected to either branch of the legislature shall be appointed to any office created during the term for which he is elected. No recess or ad interim committee shall be authorized by the general court or by either branch thereof, except by a two-thirds vote taken by the call of the yeas and nays." After debate Mr. Buttrick of Lancaster moved the previous question. There being no objection Mr. Hobbs of Worcester then moved that the amendment moved by Mr. Harriman be amended by inserting before the words "be appointed to any office", the words ", during the term for which he is elected,"; and by striking out the words "the term for which he is elected", and inserting in place thereof the words "such term". There being no objection Mr. Clark of Brockton moved that the amendment moved by Mr. Harriman be amended by adding at the end thereof the words ", and in no one year shall a sum exceeding twenty thousand dollars be paid as salaries and ex- penses of recess committees". The previous question was then ordered. After debate the amendment moved by Mr. Pillsbury was adopted, by a vote of 97 to 50; and the putting of the questions on the remaining amendments was thereby precluded. Pending the question on passing the resolution, as thus amended (Doc. No. 422), to be engrossed, it was placed in the Orders of the Day for the next session, and was referred, under Rule 28, to the committee on Form and Phraseology. The Resolution relative to compulsory voting at elections (Doc. No. 282, amended) was read a third time. After debate the previous question was ordered, on motion of Mr. Fitz-Randolph of Nantucket. After further debate the question was put on passing the resolution to be engrossed, and 80 members voted in the affirma- tive and 80 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Knotts of Somerville; and on the roll call 96 members voted in the affirmative and 90 in the negative, as follows: YEAS. Messrs. Anderson, Frederick L. Balch, Francis N. Bangs, Francis R. Messrs. Barker, Warren S. Barnes, Clarence A. Barrett, James T. TUESDAY, AUGUST 13, 1918. 795 Messrs. Bartlett, Horace I. Batchelder, Albert W. Bennett, Frank P. Blackmur, Paul R. Bodfish, John D. W. Bouve", Walter L. Boyden, Frank L. Brine, Henry C. Burrell, Fred J. Butler, A. Webster Buttrick, Allan G. Carr, Edward Chandler, Leonard B. Clark, Chester W. Clark, Ezra W. Coe, S. Hamilton Collier, David R. Coogan, Clement F. Coombs, Zelotes W. Cox, Guy W. Creamer, Walter H. Crossley, William Cyril Curtis, Edwin U. Dale, George H. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Doe, Orestes T. Doran, James P. Driscoll, Dennis D. Dutch, Charles Frederick Farnsworth, Frank S. Ferrey, Irving D. Ferry, James R. Flye, Louis Edwin Gates, Joseph S. Gay lord, Henry E. Hall, Isaac Freeman Hibbard, Charles E. Hicks, George H. Hutchings, Henry M. Kelley, George W. Kenefick, Thomas W. Kerr, Alexander Knotts, J. Franklin Messrs. Adams, Smith J. Aylward, James F. Bassett, Edmund Bates, Sanford Benton, Everett C. Bicknell, Wallace H. Bigney, Robert E. Bolster, Percy G. Bosworth, Henry H. Boucher, Joseph Zoe'l Brennan, James H. Broderick, Patrick S. Brown, E. Gerry Bruce, Charles Bryant, Lincoln Burns, William A. Chase, Mial W. Churchill, George B. Codman, James M., Jr. Messrs. Lane, Daniel W. Lane, Dwight F. Langelier, Louis F. R. Loring, Augustus P. Lowell, James A. Lynch, John C. Marshall, Daniel J. McCarthy, Charles F. McKeon, Francis P. Montague, David T. Nutting, Edward H. O'Connell, Joseph F. O'Connor, John D. Parker, Herbert Parkman, Henry Peirce, Albion G. Pillsbury, Albert E. Quincy, Josiah Ray, Herbert L. Rieutord, Louis O. Robbins, Edward J. Robinson, George H. Shattuck, Josiah B. Shea, John M. Sherburne, Nelson Skerrett, Mark N. Smith, Jerome S. Smith, Rutherford E. Stearns, Harry N. Stoeber, Charles Sullivan, Edmund G. Sullivan, William H. Sweet, Joseph L. Tatman, Charles T. Trefry, William D. T. Walcott, Robert Walker, Joseph ' Washburn, Albert H. Webster, Francis E. Wellman, Arthur Holbrook White, John A. Whittier, Eugene P. Williams, Fred Homer Winslow, Guy M. Wood, Charles J. NAYS. Messrs. Cook, Benjamin A. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Crafts, Lyman A. Craven, John H. Creed, James F. Cummings, .Herbert E. Cummings, John W. Curtis, Arthur B. Davis, Elbridge G. Dean, Robert A. Donovan, Daniel R. Douglass, John J. Fitz-Randolph, Reginald T. Flaherty, William Flynn, Maurice R. Fraser, Eugene B. Gartland, John J. 796 JOURNAL OF THE CONVENTION, Messrs. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Graumann, John Hall, Elisha S. Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hoitt, Augustus J. Horgan, Francis J. Jones, George R. Kilbon, John L. Kinney, William S. Linke, Fred R. Lomasney, Martin M. Lummus, Henry T. Lyman, Frank E. Maguire, James E. Mahoney, John J. Mansfield, John J. Martin, Martin L. Mitchell, Charles Moran, William Moriarty, James T. Morrill, Charles H. Messrs. Morton, James M. Murley, Joseph J. Myron, John F. Newhall, Arthur N. Newton, H. Huestis Peterson, Patrick Putnam, Harry B. Quinn, Timothy F. Reidy, Michael J. Richardson, Edward A. Ross, Samuel Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Talbot, Harry R. Theller, Ralph L. Thompson, Edward Walker, George Waterman, George B. Webster, George P. Whitehead, James Wilson, William H. Wing, Herbert Wonson, Carlton W. 96 yeas; 90 nays. Conditions and hours of labor; minimum wage. Adjournment. Therefore the resolution was passed to be engrossed. The engrossed Resolution authorizing the General Court to pass laws regulating and restricting the hours of labor (see Doc. No. 390) was considered, the question being on submitting the proposal to the people. Mr. Loring of Beverly asked unanimous consent that the title be changed by inserting after the word "regulating" the words " the conditions ", and by adding at the end thereof the words "and establishing a minimum wage". There was no objection. After debate, at half-past four o'clock, under the provisions of a standing order, the President declared the Convention ad- journed, to meet to-morrow at half-past ten o'clock A.M. WEDNESDAY, AUGUST 14, 1918. 797 WEDNESDAY, August 14, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Frederick A. Wilson of Andover. Leave of Absence. On motion of Mr. Hobbs of Worcester, Ordered, That Mr. Logan of Worcester be granted leave of James Logan, absence, under Rule 13, for one week, on account of necessary absence from the Commonwealth in connection with government work. On motion of Mr. Wonson of Gloucester, - Ordered, That Mr. Merrill of Gloucester be granted leave of George Frye absence, under Rule 13, for one week, on account of duties in connection with war work. Presentation of a Soldier. The President introduced Mr. Charles Buckley 6f Billerica, Charles member of Company G, 104th Regiment of Infantry, United States Army, who had served nearly a year at the front, losing his left arm, and was about to return to France. Engrossed Resolutions. Engrossed resolutions Relative to compulsory voting at elections (see Doc. No. 282, Compulsory jx ' voting. amended); To provide for the regulation of advertising in public places Advertising in (see Doc. No. 381); and public places. Relative to the power of the General Court to limit buildings Construction according to their use or construction to specified districts of restriction! 3 ' ~" cities and towns (see Doc. No. 415); Were severally laid before the Convention; and the President stated that they would be placed in the Orders of the Day for the next session. Proposal to Amend the Constitution. Mr. Pillsbury of Wellesley, for the committee on Rules and oid-age Procedure, to whom was referred the motion (made by Mr. Harri- pen man of New Bedford on July 31) that Rule 35 be suspended on the Resolution providing for old-age pensions (Doc. No. 423), reported recommending that said rule be not suspended [Mr. Ross of New Bedford dissenting]. Placed in the Orders of the Day for the next session, the uestion being on the suspension of said rule. 798 JOUKNAL OF THE CONVENTION, Amendments of the Con- stitution, identification. State depart- ments, co-ordination. State com- missions, supervising secretary. State de- partments, reorganization. Certain state officers, appointment by the Gov- ernor. Departments of govern- ment, separation. Certain state officers, appointment by the Gov- ernor. Certain state officers, manner of choice. Reports of Committees. By Mr. Hart of Cambridge, for the committee on Amendment and Codification of the Constitution, on resolutions Nos. 136 and 137, a Resolution providing for identifying amendments to the Constitution and incorporating them in the text thereof (Doc. No. 425). The resolution was read, and it was placed in the Orders of the Day for the next session for a second reading. By Mr. Dutch of Winchester, for the committee on State Administration, that the Resolution to provide for efficient govern- ment through co-ordination of the various departments (Doc. No. 120) ought not to pass. By the same member, for the same committee, that the Resolution providing for a supervising secretary of all state com- missions, to be appointed by the Governor (Doc. No. 122) ought not to pass. By the same member, for the same committee, that the Resolution to provide for the future reorganization of the business and public service departments (Doc. No. 274) ought not to pass. By Mr. Robbins of Chelmsford, for the same committee, that the Resolution relative to the appointment of certain officers by the Governor (Doc. No. 272) ought not to pass. By the same member, for the same committee, that the Resolu- tion relative to the separation of the departments of government (Doc. No. 273) ought not to pass. By Mr. Whitehead of Fall River, for the same committee, that the Resolution providing that the Secretary of the Common- wealth, Treasurer and Receiver-General, Auditor of the Common- wealth and Attorney-General be appointed by the Governor (Doc. No. 56) ought not to pass. By the same member, for the same committee, that the Res- olution relative to the manner of choice of Secretary of the Com- monwealth, Treasurer and Receiver-General, Auditor of the Commonwealth and Attorney-General (Doc. No. 118) ought not to pass. The resolutions were severally placed in the Orders of the Day for the next session, the question, in each instance, being on the rejection of the proposal. Conditions and hours of labor; minimum wage. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The engrossed Resolution authorizing the General Court to pass laws regulating the conditions and restricting the hours of labor and establishing a minimum wage (see Doc. No. 390, its title having been changed), being the unfinished business of the preceding session, was considered further, the question being on submitting the proposal to the people. WEDNESDAY, AUGUST 14, 1918. 799 After debate the previous question was ordered, on motion of Mr. Chase of Lynn. On the question on submitting the proposal to the people, 62 members voted in the affirmative and 76 in the negative. The sense of the Convention was then taken by yeas and nays, Proposal at the request of Mr. Lowell of Newton; and on the roll call reject 68 members voted in the affirmative and 120 in the negative, as follows: YEAS. Adams, Brooks Anderson, Frederick L. Aylward, James F. Batchelder, Albert W. Blackmur, Paul R. Boucher, Joseph Zoel Brown, E. Gerry Bullock, William J. Butler, A. Webster Clark, Ezra W. Coombs, Zelotes W. Creed, James F. Crossley, William Cyril Curtis, Arthur B. Dean, Robert A. Donovan, Daniel R. Dutch, Charles Frederick Flye, Louis Edwin Flynn, Maurice R. Gates, Joseph S. Giddings, Charles Glazier, Frederick P. Greenwood, Hamlet S. Hall, Isaac Freeman Harding, Clarence W. Harriman, Arthur N. Harrington, Patrick H. Hicks, George H. Hoitt, Augustus J. Kelley, George W. Kilbon, John L. Knotts, J. Franklin Linke, Fred R. Lowell, James A. Messrs. Adams, Charles Francis Adams, Smith J. Bailey, Charles O. Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barrett, James T. Bartlett, Horace I. Bassett, Edmund Bauer, Ralph S. Benton, Everett C. Bicknell, Wallace H. Bigney, Robert E. Bodfish, John D. W. Bosworth, Henry H. Bouve, Walter L. Boyden, Frank L. Brine, Henry C. Messrs. Luce, Robert Lummus, Henry T. MacMaster, Edward A. Moran, William Newhall, Arthur N. Nutting, Edward H. Parkman, Henry Peirce, Albion G. Putnam, Harry B. Quincy, Josiah Ray, Herbert L. Richardson, Edward A. Richardson, James P. Ross, Samuel Saunders, Amos T. Sawyer, Roland D. Shea, John T. Smith, Jerome S. Stoeber, Charles Sullivan, William J. Sweet, Joseph L. Theller, Ralph L. Thompson, Edward Underbill, Charles L. Walker, George Walker, Joseph Washburn, Albert H. Webster, Francis E. White, John A. Whitehead, James Whittier, Eugene P. Winslow, Guy M. Wonson, Carlton W. Wood, Charles J. NAYS. Messrs. Broderick, Patrick S. Bruce, Charles Buck, Maurice A. Burns, William A. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Collier, David R. Cook, Benjamin A. Coolidge, Louis A. Costello, Francis M. Coughlan, William J. Cox, Guy W. Crafts, Lyman A. 800 JOURNAL OF THE CONVENTION, Messrs. Creamer, Walter H. Cummings, Herbert E. Curtis, Edwin U. Curtiss, Elmer L. Dale, George H. Daley, Peter Davis, Elbridge G. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Driscoll, Dennis D. Farnsworth, Frank S. Ferrey, Irving D. Ferry, James R. Finn, E. Philip Fitz-Randolph, Reginald T. Flaherty, William French, Asa P. Frost, Archie N. Gartland, John J. Gaylord, Henry E. George, Samuel W. Gleason, Nesbit G. Good, John P. Granfield, William J. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hamilton, Andrew Foster Hibbard, Charles E. Hobbs, Clarence W., Jr. Horgan, Francis J. Hutchings, Henry M. Jones, George R. Kelley, Thomas R. Kelly, Luke L. Kinney, William S. Lane, Dwight F. Langelier, Louis F. R. Leonard, Joseph J. Lomasney, Martin M. Messrs. Look, William J. Loring, Augustus P. Lowe, Arthur H Lyman, Frank E. Lynch, John C. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Martin, Martin L. McAnarney, John W. Merriam, John M. Moore, Charles D. C. Moriarty, James T. Morton, James M. Murley, Joseph J. Nestor, Patrick F. Newton, H. Huestis O'Connor, John D. Peterson, Patrick Pillsbury, Albert E. Powers, Samuel L. Quinn, Timothy F. Robbins, Edward J. Shaw, Michael F. Shea, John M. Sheehan, Christopher A. Sherburne, Nelson Sparrell, Ernest H. Sullivan, Edmund G. Sullivan, Joseph M. Sullivan, William H. Tatman, Charles T. Thompson, John L. Walsh, David I. Washburn, Charles G. Waterman, George B. Webster, George P. Wellman, Arthur Holbrook Wheeler, William Williams, Fred Homer Wing, Herbert 68 yeas; 120 nays. Therefore the Convention refused to submit the proposal to the people. The following order (offered by Mr. Williams of Brookline at the preceding session) was adopted; and Rule 18 was thereby amended accordingly: Ordered, That Rule 18 be amended by adding at the end thereof the words " : provided, however, that, in debate on the questions on passing a resolution to be engrossed and on sub- mitting a proposal to the people, members shall be limited to five minutes each ". ?eto e of Sims 5 Tne Resolution providing for a state budget and the veto by the Governor of items or parts of items in appropriation bills (Doc. No. 416, as changed by the committee on Form and Phraseology see Doc. No. 420) was passed to be engrossed. Rule 18 amended, debate limited further. ation bills. WEDNESDAY, AUGUST 14, 1918. 801 The Resolution to provide for biennial elections of state officers, councillors and members of the General Court (Doc. No. 126, amended, as changed by the committee on Form and Phrase- ology see Doc. No. 421) was read a third time. After debate (Mr. Cox of Boston being in the chair) Mr. Wash- burn of Middleborough moved that the resolution be amended by the substitution of a Resolution to provide for biennial elections of state officers. After further debate the previous question was ordered, on motion of Mr. Glazier of Hudson. The amendment was then rejected. On the question on passing the resolution to be engrossed the sense of the Convention was taken by yeas and nays, at the request of Mr. Mahoney of Boston; and on the roll call (the President having returned to the chair) 116 members voted in the affirmative and 108 in the negative, as follows: Biennial elections. Mr. A. H. Washburn, amendment. Previous question. Resolution passed to be engrossed. YEAS. Messrs. Adams, Brooks Adams, Charles Francis Anderson, Frederick L. Anderson, George W. Balch, Francis N. Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates. Sanford Benton, Everett C. Bicknell, Wallace H. Blackmur, Paul R. Bodfish, John D. W. Bosworth, Henry H. Bouve", Walter L. Boyden, Frank L. Brooks, George F. Bryant, Lincoln Buck, Maurice A. Burns, William A. Chandler, Leonard B. Chase, Mial W. Churchill, George B. Clapp, Robert P. Clark, Chester W. Collier, David R. Cook, Benjamin A. Coolidge, Louis A. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Creamer, Walter H. Crossley, William Cyril Curtis, Arthur B. Dale, George H. Dean, Robert A. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Dresser, Frank F. Messrs. Dutch, Charles Frederick Farns worth, Frank S. Ferrey, Irving D. Ferry, James R. Flye, Louis Edwin Foss, George H. French, Asa P. Frost, Archie N. Gallagher, Daniel J. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Glazier, Frederick P. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Harrington, Patrick H. Hibbard, Charles E. Hicks, George H. Hobbs, Clarence W., Jr. Hutchings, Henry M. Johnson, Charles R. Kelley, George W. Knotts, J. Franklin Lane, Dwight F. Langelier, Louis F. R. Leonard, Joseph J. Linke, Fred R. Loring, Augustus P. Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. MacMaster, Edward A. Montague, David T. Moore, Charles D. C. Nutting, Edward H. Parker, George S. Parkman, Henry Peirce, Albion G. Pillsbury, Albert E. 802 JOURNAL OF THE CONVENTION, Messrs. Powers, Samuel L. Putnam, Harry B. Ray, Herbert L. Richardson, James P. Robbins, Edward J. Saunders, Amos T. Shattuck, Josiah B. Sherburne, Nelson Smith, Jerome S. Smith, Rutherford E. Sparrell, Ernest H. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweet, Joseph L. Messrs. Talbot, Harry R. Tatman, Charles T. Theller, Ralph L. Thompson, John L. Underbill, Charles L. Walcott, Robert Washburn, Albert H. Webster, Francis E. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Williams, Fred Homer Winslow, Guy M. Wonson, Carlton W. NAYS. Messrs. Adams, Scott Adams, Smith J. Aylward, James F. Bailey, Charles O. Barrett,- James T. Bauer, Ralph S. Bennett, Frank P. Bigney, Robert E. Bolster, Percy G. Boucher, Joseph Zoel Brennan, James H. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bruce, Charles Bullock, William J. Butler, A. Webster Buttrick, Allan G. Callahan, Timothy F. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Cooney, Charles P. Costello, Francis M. Coughlan, William J. Craven, John H. Creed, James F. Cummings, Herbert E. Curtis, Edwin U. Daley, Peter Davis, Elbridge G. Davis, William R. Donovan, Daniel R. Driscoll, Dennis D. Driscoll, Timothy J. Fitz-Randolph, Reginald T. Flaherty, William Flynn, Maurice R. Gartland, John J. Gleason, Nesbit G. Good, John P. Granfield, William J. Green, Thomas H. Greenwood, Hamlet S. Harding, Clarence W. Harriman, Arthur N. Hoitt, Augustus J. Horgan, Francis J. Jones, George R. Messrs. Kelley, Thomas R. Kelly, Luke L. Kenny, Herbert A. Kilbon, John L. Kinney, William S. Lomasney, Martin M. Look, William J. Lowe, Arthur H. Lowell, James A. Luce, Robert Lynch, John C. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Marshall, Daniel J. McAnarney, John W. McCarthy, Charles F. McCormack, John W. McKeon, Francis P. Merriam, John M. Mitchell, John Moran, William Moriarty, James T. Morton, James M. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connor, John D. Parker, Herbert Peterson, Patrick Quincy, Josiah Quinn, Timothy F. Richardson, Edward A. Ross, Samuel Sawyer, Roland D. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Stoeber, Charles Sullivan, Joseph M. Sullivan, William H. Sullivan, William J. Thompson, Edward Trefry, William D. T. Walker, George WEDNESDAY, AUGUST 14, 1918. 803 Messrs. Walker, Joseph Messrs. Whipple, Sherman L. Walsh, David I. Whitehead, James Washburn, Charles G. Whittier, Eugene P. Waterman, George B. Wing, Herbert Webster, George P. Wood, Charles J. 116 yeas; 108 nays. Therefore the resolution was passed to be engrossed. The Resolution relative to the powers and responsibilities of Governor and the office of Governor (Doc. No. 311) was considered, the re- Govern*" maining question, under the vote of July 16, being on ordering t^o-year term, proposal No. 3 to a third reading, the same providing for a two- year term for Governor and Lieutenant-Go vernor; and the Con- vention refused to order the proposal to a third reading. The Resolution relative to loaning the credit of the Common- Credit of wealth and the contracting of state debt (Doc. No. 326, amended, *Z$^*' as changed by the committee on Form and Phraseology see state debt. Doc. No. 419) was read a third time; and after debate it was passed to be engrossed. The Resolution (recommitted) to prevent the granting of Special special privileges and creating class distinction among the people SJJPcfSf of this Commonwealth (Doc. No. 308, as changed by the com- distinction. mittee on Form and Phraseology see Doc. No. 392) was con- sidered, the main question being on the rejection of the proposal, as recommended by the committee on Bill of Rights. Mr. Underbill of Somerville moved that the resolution be Mr. Underbill, amended by striking out, in line 14, the words "one thousand", ~ and inserting in place thereof the words "seven hundred and fifty". After debate Mr. Richardson of Newton moved that a recess Recess. be taken until two o'clock; and this motion prevailed. Accordingly, at two minutes before one o'clock, the President declared a recess until two o'clock; at which hour the Convention reassembled. After debate (Mr. Begley of Holyoke being in the chair) Mr. Mr. Lomasney, Lomasney of Boston moved that the resolution be amended by -amendment, striking out, in lines 10 and 11, the words "upon his retirement from public office, position or employment", and inserting in place thereof the words ", who shall hereafter be elected or appointed to public office, position or employment, upon his retirement therefrom". Mr. Pillsbury of Wellesley moved that the resolution be Mr. pnisbury, amended by striking out, in lines 13 and 14, the words "in -amendment. amount exceeding the rate of one thousand dollars per annum". Mr. Walcott of Cambridge moved that the resolution be Mr. Waicott, amended by striking out lines 4 to 19, inclusive, and inserting in amendment. place thereof the following: " Except to soldiers and sailors honorably discharged from active service in the army and navy in the time of war, and to their dependents, to those persons now in receipt of pensions and those persons holding offices for which pensions are provided, no pension or gratuity shall be granted to any employee or official of I 804 JOURNAL OF THE CONVENTION, Mr. Boucher, amendment. Previous question. Vote on amendments. the commonwealth or any political division thereof except by general law upon a contributory basis." After further debate Mr. Curtis of Revere moved the previous question. There being no objection Mr. Boucher of New Bedford then moved that the resolution be amended by striking out, in line 14, the words "one thousand", and inserting in place thereof the words "fifteen hundred". After further debate (the President having returned to the chair) the previous question was ordered. Mr. Pillsbury of Wellesley then asked unanimous consent to withdraw his amendment. Objection was made by Mr. Edwin U. Curtis of Boston. The amendment moved by Mr.. Lomasney was adopted, by a vote of 100 to 26; and the amendment moved by Mr. Boucher (striking out the words "one thousand", and inserting in place thereof the words "fifteen hundred") was rejected. The question was then put on allowing the words "one thou- sand" to remain in the resolution; and the Convention voted in the negative. The amendment moved by Mr. Underhill (striking out the words "one thousand", and inserting in place thereof the words "seven hundred and fifty") was then rejected; the amendment moved by Mr. Pillsbury was rejected; and the amendment moved by Mr. Walcott was adopted, by a vote of 97 to 55. The proposal embodied in the resolution, as thus amended, was then rejected, by a vote of 99 to 67. Previously to the taking of the votes Mr. Morton of Fall River had requested to be excused from voting; and the request was granted. The Resolution to provide for the more efficient administration of the business of the Commonwealth (Doc. No. 407) was read a third time. Mr. Bates of Boston moved that the resolution be amended by striking out lines 3 to 44, inclusive, and inserting in place thereof the following: " On or before January first, nineteen hundred and twenty-one, the executive and administrative work of the commonwealth shall be organized in not more than twenty departments, under such supervision and regulation as the general court may from time to time make by law. Every executive and administrative office, board and commission now or hereafter established to do such work, excepting offices coming directly under the governor or the council, shall be placed in one of such departments." After debate the amendment was adopted. Pending the question on passing the resolution, as amended (Doc. No. 424), to be engrossed, it was placed in the Orders of the Day for the next session, and was referred, under Rule 28, to the committee on Form and Phraseology. of e te General The Resolution relative to appointment of members of the Court, General Court to offices, commissions and recess committees appointments. title having been changed by the committee Proposal rejected. Mr. Morton excused from voting. Administra- tion of state business. Mr. S. Bates, amendment. WEDNESDAY, AUGUST 14, 1918. 805 on Form and Phraseology) was considered, the question being on passing it to be engrossed. Mr. Harriman of New Bedford moved that the resolution be amended by striking out lines 3 to 10, inclusive, and inserting in place thereof the following: "No person elected to either branch of the legislature shall, during the term for which he is elected, be appointed to any office created during such term. No recess or ad interim com- mittee shall be authorized by the general court or by either branch thereof, except by a two-thirds vote taken by the call of the yeas and nays." After debate Mr, Richardson of Newton moved that the Con- vention adjourn; and this motion was negatived. Mr. Clark of Brockton moved that the amendment moved by Mr. Harriman be amended by adding at the end thereof the amendment, words ", and in no one year shall a sum exceeding twenty thousand dollars be paid as salaries and expenses of recess committees". Mr. Pillsbury of Wellesley moved that the provisions of the order requiring the President to declare adjournment at half- past four o'clock be suspended; and this motion was adopted, by a vote of 71 to 43. Mr. Luce of Waltham raised the point of order that a quorum Quorum, was not present. A count of the Convention showed that 136 members were present. Mr. Creed of Boston moved that the Sergeant-at-Arms be re- quested to secure the attendance of a quorum; and this motion prevailed. Mr. Gaylord of South Hadley then moved that the Conven- Adjournment, tion adjourn; and this motion prevailed. Accordingly, at twenty-nine minutes past four o'clock, the Convention adjourned, to meet to-morrow at half -past ten o'clock .M. 806 JOURNAL OF THE CONVENTION, Truman R. Hawley. THURSDAY, August 15, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. William J. Martin, D.D., of Fall River. Leave of Absence. On motion of Mr. Flynn of Maiden, Ordered, That Mr. Hawley of Maiden be granted leave of absence, under Rule 13, from and after August 13, he having entered the war service of the national government. Captain Roy A. Daniels, admission to the floor. Admission to the Floor Captain Roy A. Daniels. On motion of Mr. Frost of Lawrence, Voted, That admission to the floor be granted to Captain Roy A. Daniels of Lawrence, of Battery C, 102nd Regiment of Field Artillery, 26th Division of the United States Army, Captain Daniels having seen active service on the Mexican border, and having recently returned from active service in France to be assigned temporarily as instructor at Camp Meade, Maryland. Captain Daniels was escorted to the platform by Mr. Gleason of Andover, was introduced by the President, and then addressed the Convention. Biennial elections. State House carpenters, additional compensation. State House scrubwomen, - additional compensation. Remonstrance Against Biennial Elections. The President presented a communication from the chairman of the Legislative Committee of the Massachusetts State Branch of the American Federation of Labor and the Secretary of the Massachusetts Civic Alliance remonstrating against submitting to the people the proposal embodied in the Resolution to provide for biennial elections of state officers, councillors and members of the General Court (see Doc. No. 421); and the same was placed on file. Compensation of Certain State House Employees. On motion of Mr. Richardson of Newton, Ordered, That the committee on Contingent Expenses and Pay-Roll consider the propriety of compensating the carpenters employed in the State House, on account of extra work made necessary by the holding of this Convention; such carpenters not having been included in the compensation voted by the Convention to State House employees in the session of 1917. On motion of Mr. James H. Brennan of Boston, Ordered, That the committee on Contingent Expenses and Pay-Roil consider the advisability of providing such additional THURSDAY, AUGUST 15, 1918. 807 compensation as they may deem sufficient for the scrubwomen employed in the department of the Sergeant-at-Arms on account of increased duties in connection with the Convention. Proposal to Amend the Constitution. Mr. Adams of Springfield presented a Resolution (accompany- Connecticut ing the petition of Allen Webster and others) to authorize the expenditure of public funds for the improvement of the Con- necticut river in the State of Connecticut. The same member moved that Rule 35 be suspended; and this motion was referred, under Rule 56, to the committee on Rules and Procedure. Report of a Committee. Mr. Washburn of Middleborough, for the committee on Rearrange- Amendment and Codification of the Constitution, on resolutions Nos. 18 and 19, and on an order (offered by Mr. Fitz-Randolph of Nan tucket and adopted on August 15, 1917) directing the com- mittee to consider the advisability of submitting an amendment mittee - to the people containing minor perfecting amendments not of a controversial nature, reported recommending the adoption of the following order: Ordered, That a special committee on Rearrangement of the Constitution, to consist of the President and eighteen other members of the Convention to be appointed by the President, shall, after the submission to the people of all the amendments proposed by the Convention, arrange the Constitution, as amended, under appropriate titles and in proper parts, chapters, sections and articles, omitting all sections, articles, clauses and words not in force, and making no substantive change in the provisions thereof. And printed copies of the report of such committee, containing the draft and arrangement so made as aforesaid, and showing in detail any and all omissions and any and all alterations in punctuation and phraseology, shall be mailed to each delegate of the Convention; and Ordered, further, That, when the Convention closes its present Adjournment session, it shall adjourn, subject to call by the President or Secre- to 1919> tary, to meet not later than within twenty days after the proroga- tion of the General Court of 1919, for the purpose of taking action upon such report. Any rearrangement of the Constitution with its amendments, made and adopted by the Convention, shall be submitted to the people for their ratification and adoption in such manner as the Convention shall direct. The order was placed in the Orders of the Day for the next session. Motions to Reconsider. Mr. Sawyer of Ware moved that the vote be reconsidered by Biennial which the Convention, at the preceding session, passed to be el engrossed the Resolution to provide for biennial elections of state officers, councillors and members of the General Court (see Doc. No. 421). After debate the motion to reconsider was negatived, by a vote of 24 to 100. I 808 JOURNAL OF THE CONVENTION, Special privileges and class distinction. Mr. Walcott of Cambridge moved that the vote be recon- sidered by which the Convention, at the preceding session, rejected the proposal embodied in the Resolution to prevent the granting of special privileges and creating class distinction among the people of this Commonwealth (see Doc. No. 392, amended). After debate the motion to reconsider was negatived. State credit and debt. State budget; veto of items. Biennial elections. Certain state officers, appointment. Id. Certain state officers, manner of choice. State de- partments, co-ordination. State com- missions, secretary. Depart- ments of government. State de- partments, reorganization . Historical and antiquarian property. General Court, adjournments. Military affairs. Engrossed Resolutions. Engrossed resolutions Relative to loaning the credit of the Commonwealth and the contracting of state debt (see Doc. No. 419); Providing for a state budget and the veto by the Governor of items or parts of items in appropriation bills (see Doc. No. 420); and To provide for biennial elections of state officers, councillors and members of the General Court (see Doc. No. 421); Were severally laid before the Convention, and the President stated that they would be placed in the Orders of the Day for the next session. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. Resolutions Providing that the Secretary of the Commonwealth, Treasurer and Receiver-General, Auditor of the Commonwealth and At- torney-General be appointed by the Governor (Doc. No. 56); Relative to the appointment of certain officers by the Gov- ernor (Doc. No. 272); Relative to the manner of choice of Secretary of the Common- wealth, Treasurer and Receiver-General, Auditor of the Com- monwealth and Attorney-General (Doc. No. 118); To provide for efficient government through co-ordination of the various departments (Doc. No. 120); Providing for a supervising secretary of all state commissions, to be appointed by the Governor (Doc. No. 122); Relative to the separation of the departments of government (Dec. No. 273); and To provide for the future reorganization of the business and public service departments (Doc* No. 274); Were severally considered; and the proposals were severally rejected, as recommended by the committee on State Adminis- tration. Engrossed resolutions Relative to the preservation and maintenance of property of historical and antiquarian interest (see Doc. No. 393); Relative to adjournments of the General Court (see Doc. No. 394); Relative to the powers of the Commander-in-Chief and of the General Court in matters concerning the militia (see Doc. No. 400); THURSDAY, AUGUST 15, 1918. 809 Relative to succession to the offices of Governor and Lieu- Governor and tenant-Governor in cases of vacancies in those offices (see Doc. GjSS*l. No. 401); succession. Providing that women shall be eligible to appointment as notaries public (see Doc. No. 404); and Relative to the retirement of judicial officers (see Doc. No. Judicial AIO\ officers, Ttlo^, retirement. Were severally considered; and the Convention voted, in each instance, to submit the proposal to the people. The Resolution relative to appointment of members of the General Court to offices, commissions and recess committees c^urt? f ap- (Doc. No. 422, its title having been changed), being the un- P ointments - finished business of the preceding session, was considered further, the main Question being on passing it to be engrossed. Mr. Clapp of Lexington moved that the resolution be amended by striking out, in lines 6 to 10, inclusive, the words ", nor receive additional salary or compensation for service upon any recess committee or commission except a committee appointed to examine a general revision of the statutes of the common- wealth when submitted to the general court for adoption ", and inserting in place thereof the words ". No recess or ad interim committee shall be authorized by the general court or by either branch thereof, except by a two-thirds vote taken by call of the yeas and nays". There being no objection Mr. Harriman of New Bedford with- Amendments drew the amendment previously moved by him, thus nullifying mth the amendment previously moved by Mr. Clark of Brockton. After debate Mr. Foss of Springfield moved that the resolution Mr. FOSS, be amended by adding at the end thereof the words ", except ame that, if his excellency the governor, the president of the senate and the speaker of the house of representatives shall deem a proposition to be one of public necessity, there may be appointed one recess committee the members of which shall not be subject to the foregoing restrictions". After further debate the previous question was ordered, on Previous motion of Mr. Chandler of Somerville. The amendment moved by Mr. Foss was then rejected. On the question on the adoption of the amendment moved by Mr. Clapp, 81 members voted in the affirmative and 69 in the negative. The sense of the Convention was then taken by yeas and nays, id. at the request of Mr. Leonard of Boston; and on the roll call 90 members voted in the affirmative and 101 in the negative as follows: YEAS. [essrs. Adams, Scott Messrs. Bodfish, John D. W. Anderson, George W. Boyden, Frank L. Avery, Nathan P. Boyer, Elmer E. Bailey, Charles O. Brine, Henry C. Bangs, Francis R. Brown, E. Gerry Bassett, Edmund Buck, Maurice A. Bates, Sanford Bullock, William J. Benton, Everett C. Burns, William A. 810 JOURNAL OF THE CONVENTION, Messrs. Burrell, Fred J. Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Clapp, Robert P. Codman, James M., Jr. Coe, S. Hamilton Collier, David R. Cox, Guy W. Creed, James F. Curtis, Edwin U. Dale, George H. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Donnelly, James P. Doran, James P. Dutch, Charles Frederick Fitz-Randolph, Reginald T. Frost, Archie N. Gaylord, Henry E. Giddings, Charles Hale, Edward R. Hall, Elisha S. Hall, Isaac Freeman Hamilton, Andrew Foster Harriman, Arthur N. Hart, Albert Bushnell Hibbard, Charles E. Hobbs, Clarence W., Jr. Hutchings, Henry M. Jones, George R. Kelley, George W. Kelley, Thomas R. Kilbon, John L. Kinney, William S. Lane, Dwight F. Messrs. Langelier, Louis F. R. Look, William J. Loring, Augustus P. Lowell, James A. Luce, Robert Lyman, Frank E. Mansfield, John J. Mitchell, Charles Mitchell, John Merrill, Charles H. Newhall, Arthur N. Parker, Herbert Parkman, Henry Quincy, Josiah Ray, Herbert L. Richardson, Edward A. Ross, Samuel Sawyer, Roland D. Stoeber, Charles Sullivan, Edmund G. Talbot, Harry R. Tatman, Charles T. Walker, George Walker, Joseph Washburn, Albert H. Washburn, Charles G. Waterman, George B. Webster, Francis E. Webster, George P. Weekes, George LeRoy Wellman, Arthur Holbrook Wheeler, William White, John A. Whitehead, James Whittier, Eugene P. Williams, Fred Homer Wilson, William H. NAYS. Messrs. Adams, Brooks Adams, Charles Francis Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barker, Warren S. Bartlett, Horace I. Batchelder, Albert W. Besse, Harold A. Bicknell, Wallace H. Bigney, Robert E. Bosworth, Henry H. Boucher, Joseph Zoel Bouv6, Walter L. Brennan, James H. Brennan, James J. Broderick, Patrick S. Brooks, George F. Bryant, Lincoln Butler, A. Webster Carr, Edward Churchill, George B. Clark, Ezra W. Cooney, Charles P. Corrigan, Robert S. Crafts, Lyman A. Craven, John H. Messrs. Creamer, Walter H. Crossley, William Cyril Curtis, Arthur B. Davis, Elbridge G. Dean, Robert A. Driscoll, Timothy J. Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Finn, E. Philip Foss, George H. Fraser, Eugene B. Gartland, John J. Gates, Joseph S. George, Samuel W. Glazier, Frederick P. Gleason, Nesbit G. Graumann, John Greenwood, Hamlet S. Hall, Frederick S. Harding, Clarence W. Hicks, George H. Horgan, Francis J. Johnson, Charles R. Keliher, John A. Kelly, Luke L. THURSDAY, AUGUST 15, 1918. 811 Messrs. Kenefick, Thomas W. Messrs. Robbins, Edward J. Knotts, J. Franklin Saunders, Amos T. Leonard, Joseph J. Scigliano, Alfred P. Linke, Fred R. Shanahan, William J. Lomasney, Martin M. Shaw, Michael F. Maguire, James E. Shea. John T. Mahoney, John J. Sheehan, Christopher A. Marshall, Daniel J. Sherburne, Nelson McKeon, Francis P. Smith, Jerome S. Michelman, Joseph Sparrell, Ernest H. Moore, Charles D. C. Sullivan, Joseph M. Moran, William Sullivan, William H. Moriarty, James T. Sullivan, William J. Moynihan, James J. Sweeney, Edward A. Myron, John F. Sweet, Joseph L. Nestor, Patrick F. Swig, Louis Newton, H. Huestis Theller, Ralph L. O'Connell, John J. Thompson, Edward O'Connell, Joseph F. Thompson, John L. O'Connor, John D. Walcott, Robert Pelletier, Joseph C. Walsh, David I. Peterson, Patrick Wonson, Carl ton W. Pillsbury, Albert E. Wood, Charles J. Quinn, Timothy F. 90 yeas; 101 nays. Therefore the amendment moved by Mr. Clapp was rejected. Mr. Gleason of Andover moved a suspension of the provisions Recess of the standing order requiring the President to declare a recess P st P ned - at one o'clock; and this motion prevailed. On the question on passing the resolution to be engrossed, 77 members voted in the affirmative and 57 in the negative. Mr. Feiker of Northampton raised the point of order that a Quorum. quorum was not present. A count of the Convention showed that 142 members were present. Mr. Sullivan of Salem then moved that a recess be taken until Recess. quarter-past two o'clock; and this motion prevailed. Accordingly, at twelve minutes past one o'clock, the President declared a recess until quarter-past two o'clock; at which hour the Convention reassembled. The resolution was then passed to be engrossed. The motion that Rule 35 be suspended on the Resolution pro- oid-age viding for old-age pensions (Doc. No. 423) (made by Mr. Harri- ^ nsioils ' man of New Bedford on July 31) was considered. The Conven- tion refused, as recommended by the committee on Rules and Procedure, to suspend said rule; and the resolution was placed on file. The Resolution providing for identifying amendments to the Amendments Constitution and incorporating them in the text thereof (Doc. j*uSon?-. No. 425) was read a second time; and after debate the resolution identification. was ordered to a third reading. The engrossed Resolution relative to the pardoning power (see Pardoning Doc. No. 395) was considered, the question being on submitting P wer - the proposal to the people. Mr. Loring of Beverly moved that Rule 53 be suspended, that Mr. Loring, he might move that the resolution be amended by striking out amendment - 812 JOURNAL OF THE CONVENTION, Proposal rejected. Militia officers. Legislative bills, return. Grants, franchises, etc. Advertis- ing in public places. Building con- struction, restrictions. Compulsory voting. Proposal rejected. the words ", subject to the restrictions contained in Article VIII of Section I of Chapter II of the constitution/'. After debate the motion to suspend the rule was negatived; and after further debate the Convention refused to submit the proposal to the people. Engrossed resolutions Relative to the selection of officers of the militia (see Doc. No. 399); Relative to the return by the Governor, with recommendations for amendments, of bills passed by the General Court (see Doc. No. 402); Relative to the revocation or alteration of grants, franchises, privileges or immunities (see Doc. No. 414); To provide for the regulation of advertising in public places (see Doc. No. 381); and Relative to the power of the General Court to limit buildings according to their use or construction to specified districts of cities and towns (see Doc. No. 415); Were severally considered; and the Convention voted, in each instance, to submit the proposal to the people. The engrossed Resolution relative to compulsory voting at elections (see Doc. No. 282, amended) was considered, the ques- tion being on submitting the proposal to the people. The question was put, and 89 members voted in the affirma- tive and 76 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Creed of Boston; and on the roll call 104 members voted in the affirmative and 106 in the negative as follows : YEAS. Adams, Charles Francis Anderson, Frederick L. Anderson, George W. Avery, Nathan P. Bailey, Charles O. Balch, Francis N. Bangs, Francis R. Barker, Warren S. Bartlett, Horace I. Batchelder, Albert W. Besse, Harold A. Blackmur, Paul R. Bodfish, John D. W. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Brooks, George F. Bruce, Charles Buck, Maurice A. Burrell, Fred J. Butler, A. Webster Buttrick, Allan G. Carr, Edward Chandler, Leonard B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Messrs. Coe, S. Hamilton Collier, David R. Coolidge, Louis A. Cox, Guy W. Creamer, Walter H. Crossley, William Cyril Cummings, Herbert E. Curtis, Edwin U. Dale, George H. Davis, William R. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Doran, James P. Driscoll, Dennis D. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Flye, Louis Edwin Foss, George H. Frost, Archie N. Gates, Joseph S. Gaylord, Henry E. Hall, Frederick S. Hall, Isaac Freeman THURSDAY, AUGUST 15, 1918. 813 Messrs. Hamilton, Andrew Foster Hibbard, Charles E. Hacks, George H. Hutchings, Henry M. Johnson, Charles R. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kerr, Alexander Lane, Dwight F. Loring, Augustus P. Lowell, James A. Lynch, John C. MacMaster, Edward A. McAnarney, John W. McKeon, Francis P. Moore, Charles D. C. O'Connell, Joseph F. O'Connor, John D. Parker, Herbert Parkman, Henry Pillsbury, Albert E. Powers, Samuel L. Quincy, Josiah Ray, Herbert L. Messrs. Richardson, James P. Robbins, Edward J. Saunders, Amos T. Shea, John M. Sherburne, Nelson Skerrett, Mark N. Smith, Jerome S. Sparrell, Ernest H. Sullivan, Edmund G. Sullivan, William H. Sweeney, Edward A. Sweet, Joseph L. Thompson, John L. Underbill, Charles L. Walcott, Robert Walker, Joseph Walsh, David I. Washburn, Albert H. Webster, Francis E. Wellman, Arthur Holbrook White, John A. Whittier, Eugene P. Williams, Fred Homer Winslow, Guy M. Wood, Charles J. NAYS. Messrs. Adams, Brooks Adams, Scott Adams, Smith J. Aylward, James F. Bassett, Edmund Bates, Sanford Benton, Everett C. Bicknell, Wallace H. Bigney, Robert E. Bolster, Percy G. Boucher, Joseph Zoel Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Bryant, Lincoln Bullock, William J. Burns, William A. Chase, Mial W. Churchill, George B. Codman, James M., Jr. Cook, Benjamin A. Cooney, Charles P. Crafts, Lyman A. Craven, John H. Creed, James F. Cummings, John W. Curtis, Arthur B. Daley, Peter Davis, Elbridge G. Dean, Robert A. Donnelly, James P. Donovan, Thomas F. Douglass, John J. Driscoll, Timothy J. Finn, E. Philip Fitz-Randolph, Reginald T. Flaherty, William Messrs. Flynn, Maurice R. Fraser, Eugene B. Gallagher, Daniel J. Gartland, John J. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Green, Thomas H. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Kilbon, John L. Linke, Fred R. Lomasney, Martin M. Look, William J. Lummus, Henry T. Lyman, Frank E. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Michelman, Joseph Mitchell, Charles Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. 814 JOURNAL OF THE CONVENTION, Messrs. Newhall, Arthur N. Newton, H. Huestis O'Connell, John J. Pelletier, Joseph C. Peterson, Patrick Quinn, Timothy F. Richardson, Edward A. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Messrs. Stoeber, Charles Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Walker, George Washburn, Charles G. Waterman, George B. Webster, George P. Wheeler, William Whitehead, James Wilson, William H. Wing, Herbert Wonson, Carlton W. Adjourn- ment to August 20. 104 yeas; 106 nays. Therefore the Convention refused to submit the proposal to the people. Adjournment to August 20. Mr. Washburn of Worcester moved that, when the Convention adjourns to-day, it adjourn to meet on Tuesday next at half- past ten o'clock A.M.; and this motion prevailed. Subsequently Mr. Lomasney of Boston moved that the Con- vention adjourn; and this motion prevailed. Accordingly, at thirteen minutes past three o'clock, the Conven- tion adjourned, to meet on Tuesday next at half-past ten o'clock A'.M. TUESDAY, AUGUST 20, 1918. 815 TUESDAY, August 20, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Francis E. Webster of Waltham, a member of the Convention. Leave of Absence. On motion of Mr. Adams of Springfield, Ordered, That the absence of Mr. Bosworth of Springfield, made Henry H. necessary by the death of an intimate friend, be excused, under Bosworth - Rule 13. Communication from the Governor. A communication from His Excellency the Governor, trans- Report of the mitting a report of the commission appointed, under chapter 28 appSSSito of the general acts of the year 1917, to compile information and compile in- _, , ^ J J . formation and data for the use ot the Convention, was read. data for the On motion of Mr. Luce of Waltham the communication and Conventlon - report were referred to a special committee of three members, to be appointed by the President. Convention Publications for the University of Louvain. On motion of Mr. Anderson of Newton, Ordered, That a complete set of the Convention's publications Convention be deposited with the State Librarian for presentation at the jSh?^!* conclusion of the war to the library of the University of Louvain, University^ as a contribution from the Convention to the restoration of that historic institution. Compensation of Certain State House Employees. On motion of Mr. Lyman of Easthampton, Ordered, That the committee on Contingent Expenses and ^"J^*^ Pay-Roll consider the advisability of providing for compensat- police officers, ing the special state police officers assigned for duty in the cor- ridors of the State House, on account of increased duties in connection with the Convention. Mr. Curtis of Revere, for the committee on Contingent Expenses and Pay-Roll, to whom were referred the orders (offered by Mr. Harriman of New Bedford on August 13 and by Mr. Richardson of Newton and by Mr. James H. Brennan of Boston on August 15) relative to compensating certain employees of the State House for additional services, reported recommending the adoption of the following order: Ordered, That the matron and the forewoman of the State Compensation House, the scrubwomen, engineers, firemen, steamfitters, elec- stateSuse tricians, oilers, watchmen and porters who shall be certified by employees. 816 JOURNAL OF THE CONVENTION, the Sergeant-at-Arms as having performed additional work in connection with the present session of the Convention, shall be allowed one-half the amount allowed such employees for the session of 1917; and that the two carpenters (who did not receive compensation in 1917) shall each be allowed $25 for addi- tional duties because of the session of 1918. The order was considered forthwith; and it was adopted. Connecticut river, im- provement. Proposal to Amend the Constitution. Mr. Pillsbury of Wellesley, for the committee on Rules and Procedure, to whom was referred the motion (made by Mr. Adams of Springfield on August 15) that Rule 35 be suspended on the Resolution (accompanying the petition of Allen Webster and others) to authorize the expenditure of public funds for the improvement of the Connecticut river in the State of Connecticut (Doc. No. 427), reported recommending that said rule be not suspended, understanding that the only purpose of the proposed resolution is to empower the Legislature to appropriate money to be expended beyond the limits of the Commonwealth, and knowing of no limitation upon the power of the Legislature which would prevent such appropriation if approved by it. Placed in the Orders of the Day for the next session, the question being on the suspension of said rule. Records of the Convention, preparation, publication, distribution and sale. Voters, in- formation rela- tive to proposed amendments. Publication and Distribution of Records of the Convention. The following order was offered by Mr. Williams of Brookline; and the President stated that it would be placed in the Orders of the Day for the next session: Ordered, That the ranking member of the committee on Rules and Procedure, Mr. Luce of Waltham, be requested and em- powered to supervise and direct the further preparation, publica- tion, distribution and sale of the records of the Convention, and be authorized to approve vouchers for the expense thereof; Ordered, That he be further empowered, with the approval of the President of the Convention, to make such modifications of the order adopted June 21, 1917, relating to the distribution and sale of the volumes containing these records, as may prove to be desirable; Ordered, That, if for any reason the President of the Con- vention or the ranking member of the committee on Rules and Procedure cannot exercise the powers herein delegated, the Governor and Council be requested and authorized to exercise them. Information for the Voters. Mr. George of Haverhill, for the committee on Amendment and Codification of the Constitution, who were directed (by an order offered by Mr. Garland of Somerville and adopted on June 20, 1917) to consider the advisability of causing to be prepared, printed and mailed to the voters of the Commonwealth before the state election information relative to proposed amendments to, and codification of, the Constitution (having considered the TUESDAY, AUGUST 20, 1918. 817 same sitting jointly with the committee on Rules and Proce- dure), reported, in part, recommending the adoption of the fol- lowing order: Ordered, That 700,000 copies of the pamphlet containing the full text of the several amendments of the Constitution sub- mitted by this Convention to the people for their ratification and adoption at the state election to be held November 5 next, shall be printed and shall be transmitted, with the ballots to be used at the state primaries on September 24 next, by the Secretary of the Commonwealth to the city and town clerks, and in Bos- ton to the board of election commissioners, equal in number to the total registered voters in each city and town; and Ordered, further, That the city and town clerks, and in Boston the board of election commissioners, are respectfully directed to mail forthwith such pamphlets to the registered voters; and the Secretary of the Convention is directed to transmit a copy of this order to the city and town clerks, and to the board of election commissioners in Boston. The order was placed in the Orders of the Day for the next session. Motion to Reconsider. Mr. Barrett of Cambridge moved that the vote be recon- Compulsory sidered by which the Convention, at the preceding session, refused to submit to the people the proposal embodied in the engrossed Resolution relative to compulsory voting at elections (see Doc. No. 282, amended). After debate the motion to reconsider was adopted, by a vote of 127 to 67. The President having stated the recurring question on referring the proposal to the people, Mr. Webster of Haverhill requested that, on the foregoing vote, the sense of the Convention be taken by yeas and nays. Mr. Langelier of Quincy raised the point of order that the Point of order. request of the member from Haverhill had been made too late. The President declared the point of order well taken. After deba'te on the recurring question the previous question Previous was ordered, on motion of Mr. Buttrick of Lancaster. On the question on submitting the proposal to the people, 126 members voted in the affirmative and 71 in the negative. The sense of the Convention was then taken by yeas and nays, Proposal sub- at the request of Mr. Webster of Haverhill; and on the roll call 148 members voted in the affirmative and 96 in the negative, as follows: YEAS. Messrs. Adams, Smith J. Messrs. Batchelder, Albert W. Anderson, Frederick L. Bauer, Ralph S. Anderson, George W. Bennett, Frank P. Bailey, Charles O. Benton, Everett C. Bangs, Francis R. Besse, Harold A. Barker, Warren S. Blackmur, Paul R. Barnes, Clarence A. Bodfish, John D. W. Barnes, George L. Bouve", Walter L. Barrett, James T. Boyden, Frank L. Bartlett, Horace I. Boynton, Thomas J. 818 JOUKNAL OF THE CONVENTION, Brooks, George F. Brown, Samuel F. Bruce, Charles Buck, Maurice A. Burrell, Fred J. Butler, A. Webster Buttrick, Allan G. Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Clark, Ezra W. Coe, S. Hamilton Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coolidge, Louis A. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Creamer, Walter H. Crossley, William Cyril Cummings, Herbert E. Curtis, Edwin U. Cusick, John F. Dale, George H. Daly, John W. Davis, William R. Day, Charles M. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Doe, Orestes T. Doran, James P. Driscoll, Dennis D. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Flye, Louis Edwin Foss, George H. French, Asa P. Frost, Archie N. Garland, Francis P. Gates, Joseph S. Gaylord, Henry E. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Hamilton, Andrew Foster Hibbard, Charles E. Hicks, George H. Hoitt, Augustus J. Hutchings, Henry M. Johnson, Charles R. Jones, George R. Keliher, John A. Kelley, George W. Kelley, Thomas R. Kenefick, Thomas W. Kinney, William S. Messrs. Kneil, Arthur S. Knotts, J. Franklin Lane, Daniel W. Lane, Dwight F. Langelier, Louis F. R. Leboeuf , Telesphore Leonard, Joseph J. Linke, Fred R. Loring, Augustus P. Love, Joseph A. Lowe, Arthur H. Lowell, James A. Luce, Robert Lummus, Henry T. Lynch, John C. Mac Master, Edward A. Marshall, Daniel J. McAnarney, John W. McCarthy, Charles F. McKeon, Francis P. Merriam, John M. Merrill, George Frye Montague, David T. Moore, Charles D. C. O'Connell, Joseph F. Parker, Herbert Parkman, Henry Peirce, Albion G. Pillsbury, Albert E. Powers, Samuel L. Quincy, Josiah Ray, Herbert L. Richardson, James P. Rieutprd, Louis O. Robbins, Edward J. Saunders, Amos T. Shattuck, Josiah B. Shea, John M. Sherburne, Nelson Skerrett, Mark N. Smith, Jerome S. Sparrell, Ernest H. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sullivan, William H. Sweeney, Edward A. Sweet, Joseph L. Tatman, Charles T. Thompson, John L. Tilton, Rufus H. Turner, Joseph Underhill, Charles L. Walcott, Robert Walker, Joseph Walsh, David I. Washburn, Albert H. Webster, Francis E. Wellman, Arthur Holbrook White, John A. Whittier, Eugene P. Williams, Fred Homer Winslow, Guy M. Wood, Charles J. TUESDAY, AUGUST 20, 1918. 819 NAYS. Messrs. Adams, Brooks Adams, Scott Aylward, James F. Ballantyne, John Bassett, Edmund Bicknell, Wallace H. Bigney, Robert E. Bolster, Percy G. Boucher, Joseph Zoe'l Brennan, James H. Brennan, James J. Broderick, Patrick S. Brown, E. Gerry Bryant, Lincoln Bullock, William J. Burns, William A. Charbonneau, Henry V. Codman, James M., Jr. Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Craven, John H. Creed, James F. Daley, Peter Davis, Elbridge G. Dean, Robert A. Donovan, Thomas F. Dresser, Frank F. Fitz-Randolph, Reginald T. Flaherty, William Flynn, Maurice R. Gartland, John J. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Graumann, John Green, Thomas H. Greenwood, Hamlet S. Hale, Edward R. Harding, Clarence W. Harriman, Arthur N. Hart, Albert Bushnell Hobbs, Clarence W., Jr. Horgan, Francis J. Kelly, Luke L. Kilbon, John L. Messrs. Lomasney, Martin M. Look, William J. Lufkin, Willfred W. Maguire, James E. Mancovitz, David Mansfield, John J. McCormack, John W. Mclsaac, Daniel V. McLaud, Abner S. Michelman, Joseph Mitchell, Charles Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Morton, James M. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John P. Pelletier, Joseph C. Peterson, Patrick Putnam, Harry B. Quinn, Timothy F. Richardson, Edward A. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John T. Sheehan, Christopher A. Sullivan, Joseph M. Swig, Louis Talbot, Harry R. Theller, Ralph L. Thompson, Edward Walker, George Washburn, Charles G. Waterman, George B. Webster, George P. Wheeler, William Whitehead, James Wilson, William H. Wonson, Carlton W. 148>eas; 96 nays. Therefore the Convention voted to submit the proposal to the >ple. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The engrossed Resolution providing for a state budget and the veto by the Governor of items or parts of items in appro- inappropria- priation bills (see Doc. No. 420) was considered; and the Con- tr vention voted to submit the proposal to the people. I 820 JOURNAL OF THE CONVENTION, Amendments to the Con- stitution, identification. ication of the Const! tution, special committee. The Resolution to provide for the more efficient administra- tion of the business of the Commonwealth (see Doc. No. 424, as changed by the committee on Form and Phraseology see Doc. No. 426) was considered; and after debate it was passed to be engrossed. The Resolution providing for identifying amendments to the Constitution and incorporating them in the text thereof (Doc. No. 425) was read a third time. After debate (Mr. Sullivan of Salem being in the chair) the Convention refused to pass the resolution to be engrossed. The following order (reported by the committee on Amend- ment and Codification of the Constitution) was considered: Rearrangement Ordered. That a special committee on Rearrangement of the aoid codification -, ... ? r . . ,, -n - j i i Constitution, to consist of the President and eighteen other members of the Convention to be appointed by the President, shall, after the submission to the people of all the amendments proposed by the Convention, arrange the Constitution, as amended, under appropriate titles and in proper parts, chapters, sections and articles, omitting all sections, articles, clauses and words not in force, and making no substantive change in the provisions thereof. And printed copies of the report of such committee, containing the draft and arrangement so made as aforesaid, and showing in detail any and all omissions and any and all alterations in punctuation and phraseology, shall be mailed to each delegate of the Convention; and Ordered, further, That, when the Convention closes its present session, it shall adjourn, subject to call by the President or Secretary, to meet not later than within twenty days after the prorogation of the General Court of 1919, for the purpose of taking action upon such report. Any rearrangement of the Constitution with its amendments, made and adopted by the Convention, shall be submitted to the people for their ratifica- tion and adoption in such manner as the Convention shall direct. After debate the order was adopted. andBtate d debt ^ e en g rosse( ^ Resolution relative to loaning the credit of the Commonwealth and the contracting of state debt (see Doc. No. 419) was considered; and the Convention voted to submit the proposal to the people. The engrossed Resolution to provide for biennial elections of state officers, councillors and members of the General Court (see Doc. No. 421) was considered; and on the question on submitting the proposal to the people 93 members voted in the affirmative and 67 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Dennis D. Driscoll of Boston; and on the roll call 132 members voted in the affirmative and 104 in the negative, as follows: YEAS. Biennial elections. Id. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Anderson, George W. Messrs. Balch, Francis N. Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. TUESDAY, AUGUST 20, 1918. 821 Messrs. Barnes, George L. Bartlett, Horace T. Bassett, Edmund Batchelder, Albert W. Bates, Sanford Benton, Everett C. Besse, Harold A. BickneU, Wallace H. Blackmur, Paul R. Bodfish, John D. W. Bouve", Walter L. Boyden, Frank L. Boynton, Thomas J. Brooks, George F. Brown, Samuel F. Bryant, Lincoln Buck, Maurice A. Burns, William A. Burrell, Fred J. Butler, A. Webster Chandler, Leonard B. Chase, Mial W. Choate, Charles F., Jr. Churchill, George B. Clapp, Robert P. Clark, Chester W. Coogan, Clement F. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Creamer, Walter H. Crossley, William Cyril Curtis, Arthur B. Cusick, John F. Dale, George H. Daly, John W. Dean, Robert A. Delano, Robert T. Dellinger, Raymond P. Doe, Orestes T. Doran, James P. Dresser, Frank F. Dutch, Charles Frederick Farnsworth, Frank S. Feiker, William H. Ferrey, Irving D. Ferry, James R. Flye, Louis Edwin Foss, George H. Fraser, Eugene B. Frost, Archie N. Garland, Francis P. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Glazier, Frederick P. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Messrs. Hall, Isaac Freeman Hamilton, Andrew Foster Hart, Albert Bushnell Hibbard, Charles E. Hicks, George H. Hutchings, Henry M. Johnson, Charles R. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kneil, Arthur S. Knotts, J. Franklin Lane, Daniel W. Lane, Dwight F. Langelier, Louis F. R. Leboeuf, Telesphore Linke, Fred R. Loring, Augustus P. Love, Joseph A. Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. MacMaster, Edward A. McLaud, Abner S. Merrill, George Frye Montague, David T. Moore, Charles D. C. Parkman, Henry Peirce, Albion G. Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Ray, Herbert L. Richardson, James P. Rieutord, Louis O. Robbins, Edward J. Saunders, Amos T. Shattuck, Josiah B. Sherburne, Nelson Smith, Jerome S. Stearns, Harry N. Stoneman, David Sullivan, Edmund G. Sweeney, Edward A. Sweet, Joseph L. Talbot, Harry R. Tatman, Charles T. Theller, Ralph L. Thompson, John L. Tilton, Rufus H. Underbill, Charles L. Walcott, Robert Washburn, Albert H. Webster, Francis E. Wellman, Arthur Holbrook Wheeler, William White, John A. Whittier, Eugene P. Williams, Fred Homer Wilson, William H. Winslow, Guy M. Wonson, Carlton W. 822 JOURNAL OF THE CONVENTION, NAYS. Messrs. Adams, Scott Avery, Nathan P. Aylward, James F. Ballantyne, John Barrett, James T. Bauer, Ralph S. Bigney, Robert E. Bolster, Percy G. Boucher, Joseph Zoel Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brown, E. Gerry Callahan, Timothy F. Charbonneau, Henry V. Clark, Ezra W. Codman, James M., Jr. Coe, S. Hamilton Cooney, Charles P. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Craven, John H. Creed, James F. Cummings, Herbert E. Daley, Peter Davis, Elbridge G. Davis, William R. Day, Charles M. Donnelly, James P. Donovan, Thomas F. Driscoll, Dennis D. Fitz-Randolph, Reginald T. Flynn, Maurice R. Gartland, John J. Gleason, Nesbit G. Graumann, John Green, Thomas H. Greenwood, Hamlet S. Harding, Clarence W. Harriman, Arthur N. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Horgan, Francis J. Kelly, Luke L. Kerr, Alexander Kilbon, John L. Lomasney, Martin M. Lowe, Arthur H. Lowell, James A. Luce, Robert Messrs. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Marshall, Daniel J. McCarthy, Charles F. McCormack, John W. Mclsaac, Daniel V. McKeon, Francis P. Merriam, John M. Michelman, Joseph Mitchell, Charles Mitchell, John Moran, William Moriarty, James T. Morrill, Charles H. Morto.n, James M. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Parker, Herbert Pelletier, Joseph C. Peterson, Patrick Quinn, Timothy F. Richardson, Edward A. Ross, Samuel Sawyer, Roland D. Scigliano, Alfred P. Shanahan, William J* Shaw, Michael F. Shea, 'John T. Sheehan, Christopher A. Skerrett, Mark N. Sullivan, Joseph M. Sullivan, William H. Swig, Louis Thompson, Edward Turner, Joseph Walker, George Walker, Joseph Walsh, David I. Washburn, Charles G. Waterman, George B. Webster, George P. Whitehead, James Wood, Charles J. Submission of amendments to the people. 132 yeas; 104 nays. Therefore the Convention voted to submit the proposal to the people. Manner of Submitting Amendments to the People. The following reports were received from the committee on Rules and Procedure and the committee on Amendment and Codification of the Constitution, sitting jointly, who were re- I TUESDAY, AUGUST 20, 1918. 823 quested (by an order offered by Mr. Washburn of Middle- borough and adopted on August 7) to report orders directing the manner in which the several proposals to amend the Constitu- tion shall be submitted to the people for their ratification and adoption at the next state election: By Mr. Mclsaac of Boston, recommending the adoption of the following order: Ordered, That the following Article of Amendment of the Con- stitution of the Commonwealth, which has been made and adopted by this Convention, and which shall be numbered two, shall be submitted to the people for their ratification and adop- tion, by printing the same upon the official ballots, to be pre- pared and transmitted by the Secretary of the Commonwealth to all polling places established by law within the Common- wealth for the state election to be held on the fifth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: "To vote on the following, mark a Cross X in the square at the right of Yes or No: Shall the following Article of Amendment Rela- 2 Public interest tive to the Public Interest in Natural Resources, YES. resources. submitted by the Constitutional Convention, be approved and ratified? ARTICLE OF AMENDMENT. The conservation, development and utilization of the agri- cultural, mineral, forest, water and other natural resources of the commonwealth are public uses, and the general court shall have power to provide for the taking, upon payment of just compensation therefor, of lands and easements or interests therein, including water and mineral rights, for the purpose of securing and promoting the proper conservation, development, utilization and control thereof and to enact legislation necessary or expedient therefor." And ordered further, That the method prescribed by the provi- sions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to the votes returned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and de- posited in the Secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. 824 JOURNAL OF THE CONVENTION, By Mr. Richarclson of Newton, recommending the adoption of the following order: Ordered, That the following Article of Amendment of the Con- stitution of the Commonwealth, which has been made and adopted by this Convention, and which shall be numbered three, shall be submitted to the people for their ratification and adop- tion, by printing the same upon the official ballots, to be pre- pared and transmitted by the Secretary of the Commonwealth to all polling places established by law within the Common- wealth for the state election to be held on the fifth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: "To vote on the following, mark a Cross X in the square at the right of Yes or No : - Sha11 the following Article of Amendment to Pro- . 3_ places. vide for the Regulation of Advertising in Public Places, submitted by the Constitutional Conven- tion, be approved and ratified? ARTICLE OF AMENDMENT. Advertising on public ways, in public places and on private property within public view may be regulated and restricted by law." And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to the votes returned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and de- posited in the Secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. By Mr. Coughlan of Boston, recommending the adoption of the following order: - Ordered, That the following Article of Amendment of the Con- stitution of the Commonwealth, which has been made and adopted by this Convention, and which shall be numbered four, shall be submitted to the people for their ratification and adop- tion, by printing the same upon the official ballots, to be pre- ' pared and transmitted by the Secretary of the Commonwealth TUESDAY, AUGUST 20, 1918. 825 to all polling places established by law within the Common- wealth for the state election to be held on the fifth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: "To vote on the following, mark a Cross X in the square at the right of Yes or No: Shall the following Article of Amendment relative 4 Historical and to the Preservation and Maintenance of Property of YES. SSSSy^r Historical and Antiquarian Interest, submitted by ' P reservation - the Constitutional Convention, be approved and ^ ratified? ARTICLE OF AMENDMENT. The preservation and maintenance of ancient landmarks and other property of historical or antiquarian interest is a public use, and the commonwealth and the cities and towns therein may, upon payment of just compensation, take such property or any interest therein under such regulations as the general court may prescribe." And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to the votes returned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and de- posited in the Secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. By Mr. Creed of Boston, recommending the adoption of the following order: Ordered, That the following Article of Amendment of the Constitution of the Commonwealth, which has been made and adopted by this Convention, and which shall be numbered five, shall be submitted to the people for their ratification and adop- tion, by printing the same upon the official ballots, to be pre- pared and transmitted by the Secretary of the Commonwealth to all polling places established by law within the Common- wealth for the state election to be held on the fifth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: 826 JOURNAL OF THE CONVENTION, Militia, selection of officers. YES. NO. "To vote on the following, mark a Cross X in the square at the right of Yes or No : Court?- Shall the following Article of Amendment rela- 5 adjournments, tive to Adjournments of the General Court, sub- mitted by the Constitutional Convention, be ap- proved and ratified? ARTICLE OF AMENDMENT. The general court, by concurrent vote of the two houses, may take a recess or recesses amounting to not more than thirty days; but no such recess shall extend beyond the six- tieth day from the date of their first assembling." And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amend- ment. If such Article of Amendment shall appear to be ap- proved by a majority of the qualified voters voting thereon, according to the votes returned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and deposited in the Secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. By Mr. Washburn of Middleborough, recommending the adoption of the following order: Ordered, That the Article of Amendment of the Constitution of the Commonwealth, authorizing the General Court to pre- scribe, subject to certain restrictions, the manner of the appoint- ment and removal of military and naval officers to be commis- sioned by the Governor, which has been made and adopted by this Convention, and which shall be numbered six, shall be sub- mitted to the people for their ratification and adoption by print- ing the following question upon the official ballots to be pre- pared and transmitted by the Secretary of the Commonwealth to all polling places established by law within the Commonwealth for the state election to be held on the fifth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: "To vote on the following, mark a Cross X in the square at the right of Yes or No : Shall the Article of Amendment authorizing the General Court to prescribe, subject to certain restric- tions, the manner of the appointment and removal of military and naval officers to be commissioned by the Governor, submitted by the Constitutional Convention, be approved and ratified?" 6 YES. NO. I TUESDAY, AUGUST 20, 1918. 827 And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to the votes returned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and deposited in the Secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. By Mr. Washburn of Middleborough, recommending the adoption of the following order: Ordered, That the Article of Amendment of the Constitution of the Commonwealth, defining the powers and duties of the General Court relative to the military and naval forces, and of the Governor as Commander-in-Chief thereof, which has been made and adopted by this Convention, and which shall be numbered seven, shall be submitted to the people for their rati- fication and adoption by printing the following question upon the official ballots to be prepared and transmitted by the Secretary of the Commonwealth to all polling places established by law within the Commonwealth for the state election to be held on the fifth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: "To vote on the following, mark a Cross X in the square at the right of Yes or No: Shall the Article of Amendment defining the 7 Military forces, ii- (.!/->( i ,<"< i authority of powers and duties of the General Court relative to YES. the General the military and naval forces, and of the Governor as Commander-in-Chief thereof, be approved and ratified?" And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to the votes returned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and de- 828 JOURNAL OF THE CONVENTION, Governor and Lieutenant- Governor, succession to office. posited in the Secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. By ^ Mr. Washburn of Middleborough, recommending the adoption of the following order: Ordered, That the Article of Amendment of the Constitution of the Commonwealth, providing for the succession, in cases of vacancies in the offices of Governor and Lieutenant-Governor, by the secretary, attorney-general, treasurer and receiver- general, and auditor, in the order named, which has been made and adopted by this Convention, and which shall be numbered eight, shall be submitted to the people for their ratification and adoption by printing the following question upon the official ballots to be prepared and transmitted by the Secretary of the Commonwealth to all polling places established by law within the Commonwealth for the state election to be held on the fifth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: "To vote on the following, make a Cross X in the square at the right of Yes or No: Shall the Article of Amendment providing for the g succession, in cases of vacancies in the offices of Governor and Lieutenant-Governor, by the secre- tary, attorney-general, treasurer and receiver-gen- eral, and auditor, in the order named, be approved and ratified?" And ordered further, That the method prescribed by the provi- sions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a ma- jority of the qualified voters voting thereon, according to the votes returned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and de- posited in the Secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. By Mr. Washburn of Middleborough, recommending the adoption of the following order: Ordered, That the Article of Amendment of the Constitution of the Commonwealth, authorizing the Governor to return to YES. NO. I TUESDAY, AUGUST 20, 1918. 829 the General Court with a recommendation for amendment bills and resolves which have been laid before him, which has been made and adopted by this Convention, and which shall be num- bered nine, shall be submitted to the people for their ratification and adoption by printing the following question upon the official ballots to be prepared and transmitted by the Secretary of the Commonwealth to all polling places established by law within the Commonwealth for the state election to be held on the fifth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: "To vote on the following, mark a Cross X in the square at the right of Yes or No: Shall the Article of Amendment authorizing the 9 Legislative Governor to return to the General Court with a I YES. 1 by^ecS? recommendation for amendment bills and resolves ommendationa which have been laid before him, be approved and | ''_ ratified?" And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to the votes returned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and de- posited in the Secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public* proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. By Mr. Crossley of Fall River, recommending the adoption of the following order: Ordered, That the following Article of Amendment of the Con- stitution of the Commonwealth, which has been made and adopted by this Convention, and which shall be numbered ten, shall be submitted to the people for their ratification and adop- tion, by printing the same upon the official ballots, to be pre- pared and transmitted by the Secretary of the Commonwealth to all polling places established by law within the Common- wealth for the state election to be held on the fifth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: 830 JOURNAL OF THE CONVENTION, Notaries public, women. Judicial officers, retirement. YES. NO. "To vote on the following, mark a Cross X in the square at the right of Yes or No: Shall the following Article of Amendment provid- ing that Women shall be Eligible to Appointment as Notaries Public, submitted by the Constitutional Convention, be approved and ratified? ARTICLE OF AMENDMENT. Article IV of the articles of amendment of the constitution of the commonwealth is hereby amended by adding thereto the following words: Women shall be eligible to appointment as notaries public. Change of name shall render the commission void, but shall not prevent reappointment under the new name." And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to the votes returned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and de- posited in the Secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. By Mr. Doran of New Bedford, recommending the adoption of the following order: Ordered, That the following Article of Amendment of the Con- stitution of the Commonwealth, which has been made and adopted by this Convention, and which shall be numbered eleven, shall be submitted to the people for their ratification and adoption, by printing the same upon the official ballots, to be prepared and transmitted by the Secretary of the Common- wealth to all polling places established by law within the Com- monwealth for the state election to be held on the fifth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: "To vote on the following, mark a Cross X in the square at the right of Yes or No: Shall the following Article of Amendment relative to the Retirement of Judicial Officers, submitted by the Constitutional Convention, be approved and ratified? ARTICLE OF AMENDMENT. Article I of Chapter III of Part the Second of the constitution is hereby amended by the addition of the following words : and I TUESDAY, AUGUST 20, 1918. 831 provided also that the governor, with the consent of the council, may after due notice and hearing retire them because of ad- vanced age or mental or physical disability. Such retirement shall be subject to any provisions made by law as to pensions or allowances payable to such officers upon their voluntary retire- ment." And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to the votes re- turned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and deposited in the Secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. By Mr. Garland of Somerville, recommending the adoption of the following order: Ordered, That the following Article of Amendment of the Con- stitution of the Commonwealth, which has been made and adopted by this Convention, and which shall be numbered twelve, shall be submitted to the people for their ratification and adoption, by printing the same upon the official ballots, to be prepared and transmitted by the Secretary of the Commonwealth to all polling places established by law within the Common- wealth for the state election to be held on the fifth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit:- "To vote on the following, mark a Cross X in the square at the right of Yes or No : Shall the following Article of Amendment relative 12 charters, to the Revocation or Alteration of Grants, Fran- I YES. 1 ^u and chises, Privileges or Immunities, submitted by the - " corporation, -, . , NO. revocation. Constitutional Convention, be approved and ran- I fied? ARTICLE OF AMENDMENT. Every charter, franchise or act of incorporation shall forever remain subject to revocation and amendment." And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply 832 JOURNAL OF THE CONVENTION, to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to the votes returned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and de- posited in the Secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. By Mr. Bolster of Boston, recommending the adoption of the following order: Ordered, That the following Article of Amendment of the Con- stitution of the Commonwealth, which has been made and adopted by this Convention, and which shall be numbered thir- teen, shall be submitted to the people for their ratification and adoption, by printing the same upon the official ballots, to be prepared and transmitted by the Secretary of the Commonwealth to all polling places established by law within the Commonwealth for the state election to be held on the fifth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: "To vote on the following, mark a Cross X in the square at the right of Yes or No : strSn,- n " Shall the following Article of Amendment relative restrictions. to the Power of the General Court to Limit Build- ings according to their Use or Construction to Specified Districts of Cities and Towns, submitted by the Constitutional Convention, be approved and ratified? ARTICLE OF AMENDMENT. The general court shall have power to limit buildings accord- ing to their use or construction to specified districts of cities and towns." And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amend- ment. If such Article of Amendment shall appear to be ap- proved by a majority of the qualified voters voting thereon, according to the votes returned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parch- ment and deposited in the Secretary's office, and shall become part of the Constitution of this Commonwealth. TUESDAY, AUGUST 20, 1918. 833 And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. By Mr. Williams of Brookline, recommending the adoption of the following order: Ordered, That the following Article of Amendment of the Constitution of the Commonwealth, which has been made and adopted by this Convention, and which shall be numbered four- teen, shall be submitted to the people for their ratification and adoption, by printing the same upon the official ballots, to be prepared and transmitted by the Secretary of the Common- wealth to all polling places established by law within the Com- monwealth for the state election to be held on the fifth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: "To vote on the following, mark a Cross X in the square at the right of Yes or No: Shall the following Article of Amendment relative to Compulsory Voting at Elections, submitted by the Constitutional Convention, be approved and rati- fied? ARTICLE OF AMENDMENT. The general court shall have authority to provide for com- pulsory voting at elections, but the right of secret voting shall be preserved." And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to the votes returned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and de- posited in the Secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. By Mr. Walker of Brookline, recommending the adoption of the following order: Ordered, That the Article of Amendment of the Constitution of the Commonwealth, limiting the power of the General Court to lend the credit of the Commonwealth and to contract loans, which has been made and adopted by this Convention, and which shall be numbered fifteen, shall be submitted to the 834 JOURNAL OF THE CONVENTION, State credit and state debt. State budget; veto of items in appro- * -] priation bills. people for their ratification and adoption by printing the follow- ing question upon the official ballots to be prepared and trans- mitted by the Secretary of the Commonwealth to all polling places established by law within the Commonwealth for the state election to be held on the fifth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: "To vote on the following, mark a Cross X in the square at the right of Yes or No: - Shall the amendment of the Constitution limiting the power of the General Court to lend the credit of the Commonwealth and to contract loans, be ap- proved and ratified? " And ordered further, Tha.t the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a ma- jority of the qualified voters voting thereon, according to the votes returned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and de- posited in the Secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. By Mr. Horgan of Boston, recommending the adoption of the following order: Ordered, That the Article of Amendment of the Constitution of the Commonwealth, providing for a state budget and the veto by the Governor of items or parts of items in appropriation bills, which has been made and adopted by this Convention, and which shall be numbered sixteen, shall be submitted to the people for their ratification and adoption by printing the follow- ing question upon the official ballots to be prepared and trans- mitted by the Secretary of the Commonwealth to all polling places established by law within the Commonwealth for the state election to be held on the fifth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit : - "To vote on the following, mark a Cross X in the square at the right of Yes or No: * Shall the amendment of the Constitution provid- ing for a state budget and the veto by the Governor of items or parts of items in appropriation bills be approved and ratified?" YES. NO. I TUESDAY, AUGUST 20, 1918. 835 And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article qf Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to the votes returned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and de- posited in the Secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. By Mr. Williams of Brookline, recommending the adoption of the following order: Ordered, That the Article of Amendment of the Constitution of the Commonwealth, providing for biennial elections of state officers, councillors and members of the General Court, which has been made and adopted by this Convention, and which shall be numbered seventeen, shall be submitted to the people for their ratification and adoption by printing the following question upon the official ballots to be prepared and transmitted by the Secre- tary of the Commonwealth to all polling places established by law within the Commonwealth for the state election to be held on the fifth day of November next, at which said places all per- sons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: "To vote on the following, mark a Cross X in the square at the right of Yes or No: - 17 Bienn}al Shall the amendment of the Constitution providing , , elections. for biennial elections of state officers, councillors and members of the General Court, be approved and ratified?" And ordered further, That the method prescribed by the provi- sions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to the votes returned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and deposited in the Secretary's office, and shall become part of the Constitution of this Commonwealth. YES. NO. 836 JOURNAL OF THE CONVENTION, Members of the General Court, appointments . Administration of state business. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. The orders were severally placed in the Orders of the Day for the next session. Engrossed Resolutions. Engrossed resolutions Relative to appointment of members of the General Court to offices, commissions and recess committees (see Doc. No. 422); and To provide for the more efficient administration of the business of the Commonwealth (see Doc. No. 426); Were severally laid before the Convention; ajnd the President stated that the resolutions would be placed in the Orders of the Day for the next session. Adjournment. M r> Wellman of Topsfield then moved that the Convention adjourn; and this motion prevailed. Accordingly, at four minutes before one o'clock, the Convention adjourned, to meet to-morrow at half-past ten o'clock A.M. WEDNESDAY, AUGUST 21, 1918. 837 WEDNESDAY, August 21, 1918. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Paul Revere Frothingham, D.D., of Boston. Reunion Dinner in 1919. On motion of Mr. Anderson of Newton, Ordered, That the President appoint a special committee of Reunion dinner five, with power to arrange for a reunion dinner at the expense 1E of the members of the Convention in connection with its ad- journed session of next year. Subsequently the President appointed as the committee Mr. special Anderson and Messrs. Powers of Newton, Sullivan of Salem, committee - Bassett of Taunton and Tilton of Springfield. His Excellency the Governor Addresses the Convention. On motion of Mr. Edwin U. Curtis of Boston, Ordered, That His Excellency, Samuel W. McCall, Governor of Governor the Commonwealth, and the Honorable Council be invited to alidresLs the attend the Convention before its adjournment, and that a com- Convention, mittee of eleven be appointed to ascertain their pleasure. The President appointed as the committee Mr. Curtis and Messrs. Bangs of Boston, Coombs of Worcester, Cook of Fitch- burg, Walker of New Bedford, Turner of Fall River, Wheeler of Concord, Look of Tisbury, Brooks of Worcester, Dale of Water- town and Shea of Dalton; and the committee proceeded to the discharge of its duty. Subsequently Mr. Curtis, for the committee, reported that they had extended the invitation of the Convention, and that His Excellency had accepted the invitation for himself and the Council, and had stated that they would attend upon the Con- vention immediately. Soon afterwards His Excellency the Governor and the Hon- orable Council came in, escorted by the Sergeant-at-Arms. The President then introduced His Excellency, who addressed the Convention and congratulated the members upon the com- pletion of their labors. The President then appointed Messrs. Good of Cambridge, Bergengren of Lynn and Begley of Holyoke (members in military uniform) as a special committee to escort His Excellency on his return to the executive chamber. Report of the Commission Appointed to Compile Information for the Convention. The President appointed Messrs. Luce of Waltham, Sherburne special of West Springfield and Kerr of Maiden the special committee committee - of three members to consider the communication from His Ex- I 838 JOURNAL OF THE CONVENTION, Report of the commission appointed to compile infor- mation and data for the Convention. cellency the Governor transmitting a report of the commission appointed, under chapter 28 of the general acts of the year 1917, to compile information and data for the use of the Convention. Subsequently (Mr. Kinney of Boston being in the chair) Mr. Luce of Waltham, for the special committee, reported recom- mending the adoption of the following order: Whereas, The work of the commission appointed to compile information and data for the use of the Convention not only has been of material help to the Convention, but also, in our judg- ment, is a valuable contribution to the literature of political science; therefore be it Ordered, That a record be made of our appreciation of the worth of this work, as well as of the assiduous labors of the members of the commission, William B. Munro, Lawrence B, Evans and Roger Sherman Hoar; and Ordered, That the report of the commission and the message of the Governor transmitting i to the Convention be published as the final number of the commission's bulletins, and that five hundred copies be printed for the use of the Convention. On motion of Mr. Luce the provisions of the standing order requiring the order to be referred to the committee on Rules and Procedure were suspended; and the order was adopted. Rearrangement of the Consti- tution, ex- penses of the special com- mittee. Expense of Rearranging the Constitution. On motion of Mr. Walker of Brookline, Ordered, That the Secretary of the Convention, with the ap- proval of the President, be authorized to incur such expense as may be necessary in connection with the work of the special committee on Rearrangement of the Constitution. Constitution, codification after amend- ment. Report of a Committee. By Mr. Garland of Somerville, for the committee on Amend- ment and Codification of the Constitution, that the Resolution to provide for the codification of the Constitution after amend- ment (Doc. No. 17) ought not to pass. The resolution was considered forthwith, under a suspension of the rule, on motion of the same member; and the proposal was rejected, as recommended by the committee. Compensation of special state police officers. Compensation of Certain State House Employees. Mr. Curtis of Revere, for the committee on Contingent Ex- penses and Pay-Roll, who were requested (by an order offered by Mr. Lyman of Easthampton and adopted at the preceding ses- sion) to consider the advisability of providing for compensating the special state police officers assigned for duty in the corridors of the State House, on account of increased duties in connec- tion with the Convention, reported that it was inexpedient to compensate said officers, for the reason that no funds were avail- able. The report was considered forthwith; and it was accepted. WEDNESDAY, AUGUST 21, 1918. 839 Publication of a Convention Souvenir. The following order was offered by Mr. Curtis of Revere: Ordered, That the committee on Rules and Procedure be au- Souvenir thorized to prepare and publish a suitable souvenir volume of the Convention, making use therefor, as far as possible, of material gathered and prepared by Mr. Arthur M. Bridgman; also to carry out any contracts for such a souvenir already made by said Bridgman; also to furnish copies of said souvenir to mem- bers who have not already made contracts with said Bridgman on the same terms as those already made by him; and to fur- nish a copy of said souvenir to each free public library in the Commonwelth at a price not exceeding $ per volume; and in any other way it may deem advisable to assist in the prepa- ration of such a volume, in order that there may be preserved a suitable collection for historical purposes of the pictures and brief biographies of the members of the Convention and of those directly connected with its sessions. After debate Mr. Curtis moved that the order be amended by adding at the end thereof the words " ; provided, however, that this order shall not take effect except in case of the death or disability of the author of said volume ". After further debate Mr. Underbill of Somerville moved that the amendment be amended by adding at the end thereof the words ", and that no public funds shall be used for this purpose". The amendments were severally adopted; and the order, as amended, was adopted, as follows: Ordered, That the committee on Rules and Procedure be au- id. thorized to prepare and publish a suitable souvenir volume of the Convention, making use therefor, as far as possible, of material gathered and prepared by Mr. Arthur M. Bridgman; also to carry out any contracts for such a souvenir already made by said Bridgman; also to furnish copies of said souvenir to mem- bers who have not already made contracts with said Bridgman on the same terms as those already made by him; and to furnish a copy of said souvenir to each free public library in the Com- monwealth at a price not exceeding $ per volume; and in any other way it may deem advisable to assist in the prepara- tion of such a volume, in order that there may be preserved a suitable collection for historical purposes of the pictures and brief biographies of the members of the Convention and of those directly connected with its sessions; provided, however, that this order shall not take effect except in case of the death or dis- ability of the author of said volume, and that no public funds shall be used for this purpose. Orders of the Day. The Convention then proceeded to the consideration of the Orders of the Day. The engrossed Resolution relative to appointment of members Members of of the General Court to offices, commissions and recess commit- c^? ral appointments. 840 JOURNAL OF THE CONVENTION, Previous question. Administration of state business. Previous question. Connecticut river, improvement. Records of the Convention, preparation, publication, distribution and sale. Appreciation of the work of Robert Luce. tees (see Doc. No. 422) was considered, the question being on submitting the proposal to the people. After debate the previous question was ordered, on motion of Mr. Buttrick of Lancaster. After further debate the Convention voted, 112 to 50, to sub- mit the proposal to the people. The engrossed Resolution to provide for the more efficient administration of the business of the Commonwealth (see Doc. No. 426) was considered, the question being on submitting the proposal to the people. After debate the previous question was ordered, on motion of Mr. Clapp of Lexington. The Convention then voted, 124 to 56, to submit the proposal to the people. The motion that Rule 35 be suspended on the Resolution to authorize the expenditure of public funds for the improvement of the Connecticut river in the State of Connecticut (Doc. No. 427) was considered. The Convention refused, as recommended by the committee on Rules and Procedure, to suspend said rule; and the resolution was placed on file. The following order (offered by Mr. Williams of Brookline at the preceding session) was adopted: Ordered, That the ranking member of the committee on Rules and Procedure, Mr. Luce of Waltham, be requested and em- powered to supervise and direct the further preparation, publica- tion, distribution and sale of the records of the Convention, and be authorized to approve vouchers for the expense thereof; Ordered, That he be further empowered, with the approval of the President of the Convention, to make such modifications of the order adopted June 21, 1917, relating to the distribution and sale of the volumes containing these records, as may prove to be desirable; Ordered, That, if for any reason the President of the Con- vention or the ranking member of the committee on Rules and Procedure cannot exercise the powers herein delegated, the Governor and Council be requested and authorized to exercise them. There being no objection Mr. Williams of Brookline then pre- sented the following resolution: - Whereas, The committee on Rules and Procedure of the Massa- chusetts Constitutional Convention for 1917 and 1918 was au- thorized to arrange for editing and preparing for publication the proceedings and debates of the Convention, and, after careful consideration and inquiry, decided that there was no man in the Commonwealth better qualified to supervise the editing thereof, as regards literary ability and knowledge of political and consti- tutional history, than our fellow delegate, Robert Luce of Waltham; and Whereas, Upon its request he undertook the work as a matter of duty without any reward save that of the satisfaction which I WEDNESDAY, AUGUST 21, 1918. 841 comes from duty conscientiously and efficiently discharged, and has brought to bear in its discharge those high talents which have characterized his entire work in this Convention; therefore be it Resolved, That the Convention hereby expresses to him its high appreciation of the generous devotion, effort and sacrifice of time in the highly important work which he has already rendered and will continue to render to the members of the Convention and which will accrue to the benefit of all who hereafter may find the reports of the debates in this Convention matters of historical interest and value, and hereby thanks him most heartily therefor. After remarks by Mr. Williams and by Mr. Pillsbury of Welles- ley, the resolution was unanimously adopted by a rising vote. The following order, reported by the committee on Amendment and Codification of the Constitution and the committee on Rules and Procedure, sitting jointly, was adopted: - Ordered, That 700,000 copies of the pamphlet containing the voters, in- full text of the several amendments of the Constitution sub- JeiSi^to mitted by this Convention to the people for their ratification and proposed adoption at the state election to be held November 5 next, shall ai be printed and shall be transmitted, with the ballots to be used at the state primaries on September 24 next, by the Secretary of the Commonwealth to the city and town clerks, and in Bos- ton to the board of election commissioners, equal in number to the total registered voters in each city and town; and Ordered, further, That the city and town clerks, and in Boston the board of election commissioners, are respectfully directed to mail forthwith such pamphlets to the registered voters; and the Secretary of the Convention is directed to transmit a copy of this order to the city and town clerks, and to the board of election commissioners in Boston. The orders (reported at the preceding session by the committee Manner of on Rules and Procedure and the committee on Amendment and ^o^aj^fo Codification of the Constitution, sitting jointly) providing for the the people, manner in which proposals numbered 2 to 17, inclusive, shall be submitted to the people, were severally adopted. Manner of Submitting Amendments to the People. The following reports were received from the committee on Id Rules and Procedure and the committee on Amendment and Codification of the Constitution, sitting jointly, who were re- quested (by an order offered by Mr. Washburn of Middle- borough and adopted on August 7) to report orders directing the manner in which the several proposals to amend the Constitu- tion shall be submitted to the people for their ratification and adoption at the next state election: By Mr. Hart of Cambridge, recommending the adoption of the following order: Ordered, That the following Article of Amendment of the Con- stitution of the Commonwealth, which has been made and adopted by this Convention, and which shall be numbered eighteen, shall be submitted to the people for their ratification 842 JOURNAL OF THE CONVENTION, Members of the General Court, appointments. YES. NO. and adoption, by printing the same upon the official ballots, to be prepared and transmitted by the Secretary of the Common- wealth to all polling places established by law within the Com- monwealth for the state election to be held on the fifth day of November next, at which said places all persons qualified to vote for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: "To vote on the following, mark a Cross X in the square at the right of Yes or No: Shall the following Article of Amendment relative to Service on Certain Legislative Recess Committees and Commissions, submitted by the Constitutional Convention, be approved and ratified? ARTICLE OF AMENDMENT. No person elected to the general court shall during the term for which he was elected be appointed to any office created or the emoluments whereof are increased during such term, nor receive additional salary or compensation for service upon any recess committee or commission except a committee appointed to examine a general revision of the statutes of the common- wealth when submitted to the general court for adoption." And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be approved by a majority of the qualified voters voting thereon, according to the votes returned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and de- posited in the Secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. By Mr. Cook of Northampton (the President having returned to the chair), recommending the adoption of the following order : Ordered, That the following Article of Amendment of the Constitution of the Commonwealth, which has been made and adopted by this Convention, and which shall be numbered nineteen, shall be submitted to the people for their ratification and adoption, by printing the same upon the official ballots, to be prepared and transmitted by the Secretary of the Common- wealth to all polling places established by law within the Com- monwealth for the state election to be held on the fifth day of November next, at which said places all persons qualified to vote WEDNESDAY, AUGUST 21, 1918. 843 for state officers may give in their vote by ballot for or against said Article of Amendment in the following form, to wit: " To vote on the following, mark a Cross X in the square at the right of Yes or No: Shall the following Article of Amendment to pro- vide for the more efficient administration of the business of the Commonwealth, submitted by the Constitutional Convention, be approved and rati- fied? ARTICLE OF AMENDMENT. On or before January first, nineteen hundred twenty-one, the executive and administrative work of the commonwealth shall be organized in not more than twenty departments, in one of which every executive and administrative office, board and commission, except those officers serving directly under the governor or the council, shall be placed. Such departments shall be under such supervision and regulation as the general court may from time to time prescribe by law." And ordered further, That the method prescribed by the pro- visions of Chapter eight hundred and thirty-five, Acts, 1913, as amended by Chapter one hundred and nine, General Acts, 1917, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute, shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such Article of Amendment. If such Article of Amendment shall appear to be 'approved by a majority of the qualified voters voting thereon, according to the votes returned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people, and the same shall be enrolled on parchment and de- posited in the Secretary's office, and shall become part of the Constitution of this Commonwealth. And ordered further, That His Excellency the Governor shall thereupon cause public proclamation to be made, announcing that such Article of Amendment has been duly ratified and adopted by the people of the Commonwealth. The orders were severally considered forthwith; and they were severally adopted. Recess. Mr. Bailey of Newbury then moved that a recess be taken Recess, until two o'clock; and this motion prevailed. Accordingly, at twenty-three minutes before one o'clock, the President declared a recess until two o'clock; at which hour the Convention reassembled. Resolutions of Appreciation of Those in Military and Naval Service. Mr. Quincy of Boston presented the following resolutions : Resolved, That, before adjourning, the members of this Con- France. stitutional Convention desire to express, and to place upon their records, their deep appreciation of the services which members of this Convention, their sons and relatives, with a great and hon- 844 JOURNAL OF THE CONVENTION, orable company of other citizens of this Commonwealth, are rendering in the military and naval service of our country. The presence as guests of this Convention of many distinguished rep- resentatives of other nations fighting side by side with us to establish world civilization upon a secure basis of justice and right, has kept vividly before our minds the great crisis through which the whole world is passing, and the glorious part which it has now become the lot of America to play in securing for others the freedom based upon democracy through which she herself has so prospered. Resolved, That we .now record the deep and special sense of pride which we feel in the part which Massachusetts officers and soldiers, many of them trained in the militia of this Common- wealth, have been privileged to play during this historic summer upon the battle fields of France. We are proud of the spirit, worthy of the great traditions of this ancient Commonwealth, in which they have met every danger and trial, advancing to face death, in the words of their commanding French general, "As if going to a feast". We offer our respectful sympathy to the families of all those patriotic men of Massachusetts who have sacrificed their lives in upholding on foreign soil the high ideals for which America stands. Resolved, That, in this hour of thankfulness for the successful progress of the allied arms upon the Western front, giving full warrant for our unshakeable confidence in the full triumph of the great cause of which America has now become the strongest support, we tender to the heroic people of France, upon whose soil our sons are fighting, and to our other allies, our heartfelt congratulations that the hour of imminent peril is passing by. We express to our brothers in war and in peace our fraternal gratification that under the leadership of a great French general, Marshal Foch, and with the help in men and resources which America has so freely and gladly placed under his command, the soil of France is now in process of being set free from the foot of the ruthless invader. After remarks by Mr. Quincy the resolutions were unanimously adopted. Resolutions of Appreciation of Convention Officials. Mr. Lowe of Fitchburg being in the chair, Mr. Walsh of Fitchburg presented the following resolution: - President Resolved. That the Constitutional Convention of Massachu- Jonn L. Bates. . , , , -, i i j setts of nineteen hundred seventeen and nineteen hundred eighteen hereby tenders to the Honorable John L. Bates the assurance of its appreciation of the distinguished services which he has given to The Commonwealth of Massachusetts in the office of President of this Convention; and, further, the delegates of this Convention desire to publicly record their recognition of the ability, dignity and efficiency with which he has discharged the duties imposed upon him, and to thank him for the impar- tiality of his rulings and the uniform courtesy he has shown in his official and personal relations with all the members of this Convention. WEDNESDAY, AUGUST 21, 1918. 845 After remarks by Mr. Walsh and by Messrs. Parker of Lan- caster, Walker of Brookline, Luce of Waltham and Cummings of Fall River the resolution was unanimously adopted by a rising vote. The Chair (Mr. Lowe) appointed Messrs. Dutch of Winchester and Montague of Boston a committee to escort the President to the chair. Mr. Lowe then presented to the President a gold watch and chain, the gift of the members of the Convention; and the President responded in a short address. The President being in the chair, Mr. McAnarney of Quincy presented the following resolutions: Resolved, That the delegates to the Massachusetts Constitu- Secretary tional Convention assembled at Boston, on this twenty-first day of August, 1918, do hereby tender to James W. Kimball, Esq., their sincere and grateful appreciation of the ability, fidelity and uniform courtesy with which he has so efficiently discharged the duties of Secretary of the Convention; and be it further Resolved, That these resolutions be entered upon the record of the Convention and an engrossed copy thereof be presented to him. After remarks by Mr. McAnarney and by Mr. Quincy of Boston the resolutions were unanimously adopted; and the Sec- retary responded briefly. Mr. Bailey of Newbury presented the following resolutions : Resolved, That the Massachusetts Constitutional Convention Sergeant-at- as it is about to conclude its labors records its appreciation of the thoroughly efficient manner in which Thomas F. Pedrick, aided by his assistants, has discharged his duties as Sergeant-at-Arms of this Convention. By his genial and manly character and sterling worth he has gained the sincere and warm friendship of all the members of the Convention. Resolved, That this resolution be spread on the records of the Convention and that the Secretary of the Convention be directed to transmit a copy to Mr. Pedrick. After remarks by Mr. Bailey and by Mr. Aylward of Cam- bridge the resolution was unanimously adopted; and the Ser- geant-at-Arms responded briefly. i Special Committee on Rearrangement of the Constitution. The President appointed to serve with him as the special com- Special com- mittee on Rearrangement of the Constitution (under the provi- sions of an order adopted at the preceding session), Messrs. Morton of Fall River, Pillsbury of Wellesley, Walker of Brook- line, Loring of Beverly, Parker of Lancaster, Hart of Cambridge, Washburn of Middleborough, Cummings of Fall River, French of Randolph, Hibbard of Pittsfield, Bolster of Boston, Creed of Boston, Jones of Melrose, Swig of Taunton, Dresser of Worcester, Richardson of Newton, Frost of Lawrence and Garland of Somer- ville. I 846 JOURNAL OF THE CONVENTION, Closing Remarks by the President. do s e i^ resident ' 8 GENTLEMEN OF THE CONVENTION: Before we separate it is remarks. perhaps well that I should briefly state the work which has been accomplished by the Convention. No constitutional convention had met in this State for a period of sixty-four years prior to our coming together. To us there were submitted more than three hundred matters, involving all the principles of democratic gov- ernment and in many different phases. All have been most carefully considered. Only twenty-two have met with your ap- proval. The rest have been rejected. Last November we submitted to the people three proposals of amendment, namely: 1. Absentee voting. 2. Authorizing the Commonwealth and cities and towns to supply the necessaries of life in times of war and public exigency. 3. The so-called anti-aid amendment. The ratification of these three by substantial majorities, not only in the State at large but also in every county in the State, shows how well they expressed the prevailing sentiments of the voters. The "absentee voting" amendment cured a long-standing in- justice and at the same time dignified the right and duty to vote by making it no longer depend upon the incidental circumstance of presence at home on the day of an election. The amendment enabling the government of the Common- wealth to supply necessaries of life in cases of public emergency was born of the demand of the times, and gives promise of affording relief in times of misfortune and stress. The "anti-aid amendment" closely binds the Convention of 1917-18 with the Convention of 1853. Had that body solved the question of the relation of the State to sectarian institutions, we should have been spared the long controversy which has dis- turbed the General Court through so many sessions and which has arrayed various groups of the population in hostility to each other and threatened the peace of the State. Happily the way is now open to complete harmony, and every religious body may now pursue its work with the strength born of the confidence that each of them receives every privilege under the law which any of them receive, and that there are special favors for none. The opinion has been quite commonly stated in the press that if this Convention had done nothing but settle this question it would have been sufficient to have justified its existence. In addition to these amendments already accepted by the people, the Convention has passed for submission at the next election nineteen others, which will appear on the ballot in the following order, namely : 1. Amendment to provide for establishing the popular initiative and refer- endum, and the legislative initiative of specific amendments of the Constitution. One of the longest debates in American political history took place in this Convention over this measure. It may well be WEDNESDAY, AUGUST 21, 1918. 847 doubted if the principles of the measure were ever before so thoroughly discussed by any body of men. I refrain from com- menting on it. The fires may smoulder but they still burn, and I think it wise not to risk the stirring of the embers of twelve weeks of discussion. If adopted by the people, may its results justify the fond hopes of its advocates. If rejected, may the future history of our representative form of government show that its adoption was not necessary for the people's protection. 2. Amendment relative to the public interest in natural resources. This amendment makes possible the taking by right of eminent domain, and the conservation, development, utilization and con- trol of the agricultural, mineral, forest, water and other natural re- sources of the State under such legislation as the General Court may enact. There has .been a wide difference of opinion as to the wisdom of this resolution. Its adoption by the people is pregnant with great possibilities and may result in its recog- nition hereafter as by far the most important amendment sub- mitted by this Convention to the people. They will give it most careful consideration. 3. Amendment to provide for the regulation of advertising in public places. This amendment, adopted by a large majority in the Convention, is indicative of the change of public opinion as to the extent to which, in the interest of the general welfare, it is proper for the State to interfere with the use of private property. The adoption of this amendment will make possible the passage of laws to prevent the disfiguring of boulevards, parks and beautiful land- scapes by unsightly advertising. 4. Amendment relative to the preservation and maintenance of property of historical and antiquarian interest. This amendment may be of a minor character, but is of much interest. Its adoption will enable the State and cities and towns, through the exercise of the right of eminent domain, to preserve and maintain ancient landmarks and historical property. Our re- spect for the noble past of Massachusetts will cause this amend- ment to be adopted, to the end that those things of priceless worth associated with our honored history may be preserved to tell their inspiring story to the generations that follow us. 5. Amendment relative to adjournments of the General Court. The present provision of the Constitution which prevents the adjournment of the General Court for more than two days at a time tends to retard its progress at the beginning of its annual session by preventing the committees from holding continued and all-day hearings. This amendment will enable it during the first sixty days of any session to take a recess or recesses amounting to not more than thirty days, so as to give committees oppor- tunity for work. There would seem to be no valid objection to the adoption of this amendment, and its adoption will tend to expedite the business of the Legislature. I 848 JOURNAL OF THE CONVENTION, 6. Amendment relative to the selection of officers of the militia. 7. Amendment relative to the powers of the Commander-in-Chief and of the General Court in matters concerning the militia. The sections of the Constitution dealing with the militia were formulated before the adoption of the federal constitution, and the situation to which they applied no longer exists. These two amendments are intended to adapt our militia system to the rela- tions which now obtain between the state and federal, govern- ments. There should be no substantial opposition to them. 8. Amendment relative to succession to the offices of Governor and Lieu- tenant-Go vernor in cases of vacancies in those offices. This amendment provides for the order of succession in case the offices of Governor and Lieutenant-Governor should become vacant at the same time. The present provision of the Consti- tution, that in such a contingency the office of Governor shall devolve upon the Council, is cumbersome and unworkable. The amendment which we recommend provides that the office shall devolve upon the Secretary, Attorney-General, Treasurer and Re- ceiver-General, and Auditor, in the order named. If the unanim- ity of the Convention on this matter correctly represents the views of the people, this amendment will be very nearly unani- mously adopted. 9. Amendment relative to the return by the Governor, with recommenda- tions for amendment, of bills passed by the General Court. The Convention believes it to be wise, as provided by this resolution, to allow the Governor to return to the General Court any bill which he is unwilling to sign, with a statement of changes which would remove his objections. This has in rare instances been done by governors, but there being no authority for such action in the Constitution, legislators have sometimes re- sented it as an unwarranted interference with the General Court. It seems to the Convention, however, that such communications from the Governor might facilitate legislation, and that he ought to be vested with definite authority to pursue such a course. 10. Amendment providing that women shall be eligible to appointment as notaries public. There is nothing in the duties of a notary public that cannot be discharged by women equally as well as by men. In these days when women are so rapidly assuming the duties and doing the work of men in all the varied callings of life no further ex- planation of this amendment is necessary. No reason has been presented to the Convention why this resolution should not be submitted to the people, and it will undoubtedly meet with their approval. 11. Amendment relative to the retirement of judicial officers. Long discussions in the Convention and in the press have failed to disclose any widespread need for a radical revision of our judiciary system. The only change that the Convention has WEDNESDAY, AUGUST 21, 1918. 849 thought it desirable to recommend is this provision whereby the Governor and Council may, after due notice and hearing, retire any judge because of advanced age or mental or physical dis- ability. 12. Amendment relative to the revocation or alteration of grants, franchises, privileges or immunities. This amendment makes certain that the people shall retain the right to revoke or alter the privileges granted to private cor- porations. The bare statement of this amendment carries with it its own justification, and it will be approved by all who be- lieve that it is unwise for the State ever to grant to private cor- porations privileges that cannot be revoked when the public good requires it. 13. Amendment relative to the power of the General Court to limit build- ings according to their use or construction to specified districts of cities and towns. The adoption of this amendment will make it possible to divide cities and towns into building zones, and to limit the use and con- struction of buildings therein, and thereby protect residential dis- tricts from invasions by manufacturing and mercantile business. 14. Amendment relative to compulsory voting at elections. This amendment empowers, but does not require, the General Court to pass legislation to compel voters to exercise the right of franchise. 15. Amendment relative to lending the credit of the Commonwealth and the contracting of loans. This amendment is intended to prevent the lending of the credit of the State to private enterprises, and imposes wholesome safe- guards on the contracting of loans. In view of the vast ex- penditure entailed by the war, it is believed that the adoption of this measure will be a timely means of protecting the public credit. 16. Amendment providing for a state budget and the veto by the Governor of items or parts of items in appropriation bills. At the last session of the General Court an excellent statute was enacted providing for a state budget system. The Con- vention, however, has deemed it wise to recommend a constitu- tional provision on the subject because certain essential features of a satisfactory budget system are not at present within the power of the General Court to provide. Such a system should require that the executive, who is responsible for carrying on the business of the State, should ascertain the needs of the state de- partments, should learn what revenues are available and should recommend to the General Court a systematic plan covering both the revenue and the expenditures of the ensuing year. The budget bill enacted by the Legislature last April makes adequate provision for these features, but since the General Court, after I 850 JOURNAL OF THE CONVENTION, considering the recommendations of the Governor, may enact a general appropriation bill widely different from that recom- mended by the Governor, he should be empowered to act in- dependently upon each item of the bill and not be compelled to accept or reject the measure as a whole. The veto power of the Governor as now limited in the Constitution does not permit this, and hence the Convention recommends the adoption of this amendment setting forth the outlines of a budget system and authorizing the Governor to act on each item in an appropriation bill as if it were a separate measure. This plan will commend itself to the sound business sense of the people. 17. Amendment to provide for biennial elections of state officers, councillors and members of the General Court. Massachusetts has long had the lonely distinction of .being the only State in the Union which thought it wise to choose its officers for a term of but a single year, and there are only two other states which elect a House of Representatives annually. The general abandonment of annual elections throughout the country and the satisfactory results thought to be obtained from longer terms of office are advanced as an argument in favor of the change which this Convention recommends. It is also urged by those who favor this amendment that elections cost the State and campaign committees a large sum annually, which might be saved in alternate years, with the added advantage of free- dom of business from political turmoil and greater efficiency of public servants. It is unfortunate that in discussions of the subject it is generally assumed that biennial elections and bien- nial sessions of the Legislature go together. There is no neces- sary connection between the two, and they rest upon entirely different considerations. The Convention's resolution providing for biennial elections expressly provides that the General Court shall assemble annually. 18. Amendment relative to appointment to office and service on certain legislative recess committees and commissions. Obviously, new offices must from time to time be created, and the amendment which we submit imposes no restriction upon the judgment of the General Court as to the necessity for them or for recess committees. By providing, however, as this amendment does, that no member of the General Court shall, during the term for which he was elected, be appointed to any office created dur- ing such term, or receive additional compensation for service upon any recess committee, except on occasion of the periodical revision of the general statutes, we remove an obvious temptation to the creation of offices or committees which are unnecessary. 19. Amendment to provide for the more efficient administration of the business of the Commonwealth. The reorganization of the executive branch of the government has received long consideration. The multitude of independent boards and commissions not directly responsible to the Governor WEDNESDAY, AUGUST 21, 1918. 851 has been often criticised as not ideal in theory and as likely to pro- duce unsatisfactory results in practice. This amendment provides for the organization of all the executive and administrative work of the State in not more than twenty departments, within one of which every executive board, commission and officer shall be placed. Of the nineteen resolutions thus to be submitted at the state election in November, it may safely be said that the final large vote by which, after careful consideration, fifteen of them were adopted in the Convention justifies the belief that these at least will be accepted by the voters. The attitude of the public in regard to the remaining four, namely, the first, second, fourteenth and seventeenth, being the resolutions in regard to the initia- tive and referendum, natural resources, compulsory voting, and biennial elections, may not be so clear. They had not that unan- imity of final approval in the Convention that would indicate their certain acceptance by the people. Nevertheless, it is just and fair for me to state that every amendment goes to the people with the recommendation of a working majority of this Con- vention. If we compare the work of this Convention with that of the conventions of 1820 and of 1853, one striking contrast is at once apparent. The Convention of 1820 submitted fourteen amend- ments to the people, only one of which purported to confer any additional power upon the General Court. The Convention of 1853 submitted seven amendments, besides the numerous changes embodied in a revised draft of the Constitution. Not one of these propositions involved the conferring of any additional power upon the General Court. If we turn to the resolutions which this Convention has recommended, it will be noticed that a number of them enlarge the power of the General Court, while only a few of them impose restrictions. The outlook upon gov- ernment has changed. The Constitution of 1780 was framed upon the assumption that officials might abuse any authority with which vested. Therefore an elaborate series of checks and balances was arranged for the protection of the public. Experience has shown, however, that such fear of abuse of au- thority was not well founded, and at the same time there has been a growing conviction that the field of governmental activity should be expanded and within that field the organs of govern- ment should be allowed large freedom of action. These changes in public sentiment are reflected in the work of this Convention, which, if ratified by the people, will remove many restrictions that now attach to official action. It has seemed to the Convention that its work could not be complete until it had submitted to the people a revised draft of the Constitution that should incorporate therein all the amend- ments, nearly fifty in number, adopted since the original Consti- tution of 1780. It is obvious that such a revision would be of slight value if it did not also include such amendments now submitted as the people may adopt at the coming election. The Convention has therefore provided for a special committee to I 852 JOURNAL OF THE CONVENTION, meet after the results of the voting in November are known. This committee is to prepare a draft of a revised Constitution, incorporating therein all the amendments that shall have then been adopted, and this draft is to be submitted to the Conven- tion next summer. It is believed that the Convention can then pass upon it without delay and provide for its submission to the people at the following election, and having so done the Convention will adjourn sine die, satisfied that it has, to the best of its ability, faithfully and completely discharged the great trust reposed in it. While our labors are not therefore over, they are ended for the present, and our future assembling will be for but a brief period and for a specific object. We have met under most unusual conditions. This Convention was determined upon before our country was involved in the great struggle, but we did not meet until the war was upon us. There was some question as to whether a Convention could do wise work under such conditions, but as the days went by it has abundantly appeared that the conflict of nations has but served to intensify the interest of this Convention in the fundamental principles of government, for more and more it appears that the principles on which Massachusetts has founded its government for a hundred and well-nigh two score years are the principles to which the world looks for deliverance from autocracy and tyranny. As we have toiled here in modest and quiet fashion, occasionally there have come to us vivid glimpses of the world struggle. Our soldiers have come back and told us their story. Members of this Convention have put on the uniform and gone forth proudly to do their part "over there". High commissions from France, Belgium, Italy and Japan have looked in upon us, and on this day one year ago the Russian Ambassador from the new Republic, soon to be so cruelly wronged, brought us greetings of his great people. W T e have heard the distant thunders and the crashing lightnings, the diapason of the open cannon's mouth, and the alarum of the drums from East to West, and from Pole to Pole, calling men to service amid the carnage where once grew the fair lilies of France. Pardoned may we be if occasionally our minds have followed our hearts and wandered across the seas while our bodies still kept their accustomed places in this chamber. The wander- ing was not for long, but back here have come the mind and heart as vassals of duty to do their work. Though all the world blazed in the glory of arms and sacrifice, it has not been for us thus to serve, but in a plain and inconspicuous manner here to endeavor to protect and advance those ideas for which our sons fight " in the heavens above, in the earth beneath and in the waters under the earth ", and, when the record is finally written, may it be said of this Convention that, called to peaceful deliberation when all nations were at war, it found its duties not unimportant, but discharged them with such honesty of purpose and such clear- ness of vision as to receive the "W T ell done" of the people of Massachusetts. WEDNESDAY, AUGUST 21, 1918. 853 Mr. Walker of Brookline then moved that 700,000 copies of the closing remarks of the President be printed, and distributed remarks. to the voters of the Commonwealth with and in the manner provided (in an order previously adopted) for the distribution of the pamphlet containing the full text of the several amendments of the Constitution submitted by this Convention. Adjournment until 1919. Mr. Luce of Waltham then moved that, subject to the pro- Adjournment visions of the order adopted at the preceding session, the Con- until 1919. vention do now adjourn; and this motion prevailed. Accordingly, at five minutes past four o'clock, the President declared the Convention adjourned, to meet, subject to call by the President or Secretary, not later than within twenty days after the prorogation of the General Court of 1919, for the pur- pose of taking action on the report of the special committee on Rearrangement of the Constitution. , SESSION OF 1919 JOURNAL OF THE CONVENTION. TUESDAY, August 12, 1919. Pursuant to a call issued by the President of the Convention, under authority of an order adopted on August 20, 1918, the members of the Convention reassembled in the chamber of the House of Representatives, and were called to order at ten minutes past one o'clock P.M. by the President. Prayer was offered by Rev. Warren P. Landers of Brockton. The aforesaid order, and the call of the President, were then read by the Secretary. Quorum. The roll was then called, to ascertain if a quorum was present; Quorum, and 220 members answered to their names, as follows: Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Anderson, George W. Avery, Nathan P. Aylward, James F. Bailey, Charles O. Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Barnes, George L. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates, John L. Bauer, Ralph S. Bennett, Frank P. Benton, Everett C. Bigney, Robert E. Blackmur, Paul R. Bodfish, John D. W. Bolster, Percy G. Boucher, Joseph Zoe'l Bouve, Walter L. Bowen, Patrick Boyden, Frank L. Boyer, Elmer E. Brennan, James H. Brennan, James J. Brine, Henry C. Broderick, Patrick S. Brooks, George F. Brown, Samuel F. Bryant, Lincoln Buck, Maurice A. Bullock, William J. Burns, William A. Butler, A. Webster Buttrick, Allan G. Carr, Edward Chandler, Leonard B. Messrs. Charbonneau, Henry V. Chase, Mial W. Clapp, Robert P. Clark, Chester W. Codman, James M., Jr. Coe, S. Hamilton Coleman, George W. Collier, David R. Coogan, Clement F. Cook, Benjamin A. Coolidge, Louis A. Coombs, Zelotes W. Cooney, Charles P. Costello, Francis M. Coughlan, William J. Cox, Guy W. Crafts, Lyman A. Craven, John H. Creamer, Walter H. Creed, James F. Crosby, J. Howell Cummings, Herbert E. Cummings, John W. Curtis, Arthur B. Curtis, Charles P., Jr. Curtis, Edwin U. Curtiss, Elmer L. Dale, George H. Davis, Elbridge G. Davis, William R. Dean, Robert A. Delano, Robert T. Dellinger, Raymond P. Derbyshire, James H. Doe, Orestes T. Donnelly, James P. Donovan, James A. Doran, James P. Dresser, Frank F. Driscoll, Dennis D. Farnsworth, Frank S. 858 JOURNAL OF THE CONVENTION, Messrs. Ferry, James R. Finn, E. Philip Fisher, Edward Flaherty, William Fraser, Eugene B. French, Asa P. Frost, Archie N. Gallagher, Daniel J. Garland, Francis P. Gartland, John J. Gates, Joseph S. Gaylord, Henry E. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Good, John P. Granfield, William J. Green, Thomas H. Greenwood, Hamlet S. Hale, Edward R. Hall, Elisha S. Hall, Frederick S. Hall, Isaac Freeman Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Hibbard, Charles E. Hoitt, Augustus J. Horgan, Francis J. Hutchings, Henry M. Johnson, Charles R. Jones, George R. Kelley, George W. Kelley, Thomas R. Kelly, Luke L. Kenefick, Thomas W. Kenny, Herbert A. Kerr, Alexander Kilbon, John L. Kirmey, William S. Knotts, J. Franklin Lane, Daniel W. Langelier, Louis F. R. Leboeuf , Telesphore Linke, Fred R. Logan, James Lomasney, Martin M. Look, WiUiam J. Loring, Augustus P. Love, Joseph A. Lowell, James A. Luce, Robert Lufkin, Willfred W. Lummus, Henry T. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. Maguire, James E. Mahoney, John J. Mansfield, John J. McCormack, John W. Merriam, John M. Merrill, George Frye Michelman, Joseph Messrs. Mitchell, Charles Mitchell, John Montague, David T. Moran, William Merrill, Charles H. Morton, James M. Moynihan, James J. Murley, Joseph J. Murphy, John L. Nestor, Patrick F. Newhall, Arthur N. Newton, H. Huestis Nutting, Edward H. O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Parker, Herbert Parkman, Henry Peirce, Albion G. Pelletier, Joseph C. Peterson, Patrick Pillsbury, Albert E. Powers, Samuel L. Putnam, Harry B. Quinn, Timothy F. Ray, Herbert L. Richardson, James P. Rieutprd, Louis O. Robbins, Edward J. Robinson, George H. Saunders, Amos T. Sawyer, Roland D. Shanahan, William J. Shea, John T. Sheehan, Christopher A. Skerrett, Mark N. Smith, Jerome S. Smith, Rutherford E. Stoeber, Charles Stoneman, David Sullivan, Michael A. Sullivan, William H. Sullivan, William J. Sweeney, Edward A. Sweet, Joseph L. Talbot, Harry R. Tatman, Charles T. Theller, Ralph L. Thompson, Edward Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Twomey, John C. Underbill, Charles L. Walcott, Robert Walker, Joseph Washburn, Albert H. Washburn, Charles G. Webster, Francis E. Webster, George P. Wellman, Arthur Holbrook Wheeler, William Wheelock, Henry H. TUESDAY, AUGUST 12, 1919. 850 Messrs. Whipple, Sherman L. Messrs. Wilson, William H. White, John A. Wing, Herbert Whittier, Eugene P. Wonson, Carlton W. Williams, Fred Homer Wood, Charles J. Therefore it appeared that a quorum was present. Leave of Absence. On motion of Mr. Crosby of Arlington, Ordered, That Mr. Youngman of Boston be granted leave of wuiiam s. absence, under Rule 13, on account of illness in his family. Report of a Committee. Mr. Morton of Fall River, for the special committee on Re- arrangement of the Constitution, reported as follows : - The special committee appointed pursuant to the order of the special convention of August 20, 1918, to "arrange the Constitution, as amended", has performed the duty assigned to it, and submits ofe the following report, with a copy of the proposed rearrangement of the constitution and amendments accompanying the same as Committee Document No. 2, July, 1919, as a part thereof. The order under which the committee was appointed provides that the committee shall "arrange the Constitution, as amended, under appropriate titles and in proper parts, chapters, sections and articles, omitting all sections, articles, clauses and words not in force, and making no substantive change in the provisions, thereof". It also provides that "printed copies of the report of such committee, containing the draft and arrangement so made as aforesaid, and showing in detail any and all omissions and any and all alterations in punctuation and phraseology, shall be mailed to each delegate of the Convention", which has been done. Committee Document No. 1 accompanying this report is a reprint of the Constitution, with all amendments made only for the convenience of the committee and the Convention. Committee Document No. 3 shows the omissions and trans- positions as required by the order of the Convention. The object of the order was, as the committee understands it, to have the existing Constitution and its amendments, sixty-six in all, brought together in one body, "omitting all sections, articles, clauses and words" which by the lapse of time, or by repeal, or annulment, or otherwise have ceased to be in force, and making such rearrangement, with the changes in phraseology and punctuation necessarily involved, as would form a consistent and connected whole. The committee are of opinion that it mani- festly was not intended that they should draft a new Constitution embodying the existing Constitution and amendments, and they have not attempted to do so. They have considered that their duty in that regard was confined to one of rearrangement. The committee have construed the order to mean that it was the will and purpose of the Convention that no change in the existing Constitution and its amendments should be made by the com- mittee which would or might in any way affect their meaning or 860 JOURNAL OF THE CONVENTION, present construction, or the construction which has heretofore been given to the provisions thereof, and they have carefully refrained from making any change which, it seemed to them, would or might have that effect. Where there was an obvious omission, or a manifest ambiguity, as there seems to have been in a few cases, or where a change in phraseology or punctuation was rendered necessary by the re- arrangement, or by the omission of words, phrases or articles, and when it was clear that another word or phrase should be substituted for the one used, to secure consistency, or uni- formity in language, the committee deemed that it came within the scope of their duty to supply such omissions or remove such ambiguity or make such changes, and they have done so. The textual changes so made have been comparatively few. The committee have transposed articles and provisions where such transposition seemed to them to effect a better and more logical arrangement. In no instance was any change of meaning or substance intended by, nor has any as the committee believe resulted from, such transposition. Changes in phraseology are shown or intended to be shown in the rearrangement by italics. The omissions and transpositions appear, as already observed, in Committee Document No. 3, accompanying this report. It has been impossible to indicate the changes in punctuation other- wise than by a comparison of the text of the proposed rearrange- ment with the original text of the existing Constitution and amendments. In the main the committee have followed the general arrange- ment of subjects in the existing Constitution, putting the various amendments now in force in the respective places where they appear to belong. They have deemed it wisest that the textual and other changes above referred to should be as few as possible consistently with the rearrangement intended. Except in the cases referred to above, and the cases where articles or clauses have been omitted as no longer in force, the present text of the Constitution and amendments has been strictly adhered to. The division heretofore existing into Part the First and Part the Second, each being further sub-divided into chapters, sections and articles, has been abandoned as confusing and inconvenient, and instead thereof the proposed draft, after the Preamble, is arranged in articles consecutively numbered from beginning to end. Related articles have been grouped to- gether under captions or headings descriptive of the subjects to which they belong, following here also in the main the arrange- ment heretofore existing. The committee have construed so much of the order as provides for an arrangement with " appro- priate titles and in proper parts, chapters, sections and articles" as directory rather than restrictive, and have felt at liberty to adopt such method of arrangement as seemed to them on the whole the simplest and most convenient. The amendments relating to the Initiative and Referendum, to the Budget, and to Lending the Credit of the Commonwealth, the two latter being grouped together under one caption or head- ing, have been included in the Legislative Department. For pur- I TUESDAY, AUGUST 12, 1919. 861 poses of convenience, some new divisions and titles have been introduced, but without, as the committee believe and intend, affecting the construction. The title of Receiver-General, used in connection with that of Treasurer, has been omitted as no longer of any significance. While the report is substantially unanimous, it is proper to say that some differences of opinion exist in the committee. It should be noted, however, that in only one instance is there any difference of opinion as to what has been omitted as no longer in force. Such other differences as there are relate mainly to matters of arrangement. The report was considered under a suspension of the rule, on motion of Mr. Luce of Waltham. Mr. Loring of Beverly moved that the rearrangement of the Constitution, as shown in Committee Document No. 2, be adopted by the Convention and submitted to the people for their ratification. Mr. Pillsbury of Wellesley moved that the motion be amended by adding at the end thereof the words ", in the same manner as the amendments heretofore adopted by the Convention have been submitted, without printing on the ballot the full text thereof". Mr. Morton of Fall River moved that Document No. 2 be amended by inserting after Article 142 the following: "ART. 143. All causes of marriage, divorce, and alimony, and all appeals from the judges of probate, shall be heard and determined by the governor and council, until the legislature shall, by law, make other provision." Mr. Luce of Waltham raised the point of order that the amend- point of order, ment contemplated a substantive change in the Constitution, and that therefore it was not germane to the subject under considera- tion, which was a rearrangement of the Constitution. The President stated that the amendment proposed to insert subject-matter which had been omitted from the revision as un- necessary, in the opinion of a majority of the committee; and he declared the point of order not well taken. After debate the amendment moved by Mr. Morton was adopted. There being no objection Mr. Pillsbury then withdrew his amendment; and after further debate the motion of Mr. Loring was adopted. Manner of Submitting the Codification to the People. On motion of Mr. Washburn of Middleborough, Ordered, That the committee on Rules and Procedure and the Codification committee on Amendment and Codification of the Constitution, constitution, sitting jointly, report to the Convention an order directing the submission J manner in which the proposed rearrangement of the Constitution as duly adopted by the Convention shall be submitted to the people for their ratification and adoption at the state election to be held on November 4 next. 862 JOURNAL OF THE CONVENTION, Labor disputes, settlement. General Court, biennial Public moneys, expenditure. Resolutions. Mr. Bodfish of Barnstable presented a Resolution relative to the settlement of labor disputes (Doc. No. 428). The same member moved that Rule 35 be suspended, and this motion was referred, under Rule 56, to the committee on Rules and Procedure. Mr. George of Haverhill presented a Resolution relative to biennial sessions of the General Court (Doc. No. 429). The same member moved that Rule 35 be suspended, and this motion was referred, under Rule 56, to the Committee on Rules and Procedure. Mr. James H. Brennan of Boston presented a Resolution relative to the expenditure of public moneys (Doc. No. 430). The same member moved that Rule 35 be suspended, and this motion was referred, under Rule 56, to the committee on Rules and Procedure. Mileage and compensation of members, employees. Compensation of Members and Employees. On motion of Mr. Curtis of Revere, Ordered, That the committee on Contingent Expenses and Pay- Roll consider and report to the Convention what sum per mile shall be allowed for the travelling expenses of members of the Convention for the 1919 session. Also that said committee report what compensation shall be allowed to the members, and also the compensation for the 1919 session to be paid the Secre- taries and Sergeant-at-Arms of the Convention, and such as- sistants in their respective departments as may be approved by the committee on Rules and Procedure. Death of Edward A. Richardson of Ayer. Death of Edward A. Richardson of Ayer. Mr. Glazier of Hudson announced the death, on January 4, 1919, of Edward A. Richardson of Ayer, member of the Con- vention from the Twelfth Middlesex Representative District; and moved that the Convention adjourn as a mark of respect. The motion was unanimously adopted by a rising vote. Accordingly, at ten minutes past three o'clock, the Con- vention adjourned, to meet to-morrow at half-past ten o'clock A.M. WEDNESDAY, AUGUST 13, 1919. 863 WEDNESDAY, August 13, 1919. Met according to adjournment, at half-past ten o'clock A.M. Prayer was offered by Rev. Francis E. Webster of Waltham, a n. ember of the Convention. Recognition of Members in War Service. On motion of Mr. Quinn of Sharon, Ordered, That the Secretary of the Convention, in an appendix Members who to be attached to the Journal of the Convention, make suitable wa7 e with the record of such members of the Convention as served in the war Germany, with Germany, such record to cover date of enlistment, company Sl and regiment, promotions and date of discharge, to the end that there be distinct recognition of such service in the official records of the Convention. Proposals to Amend the Constitution. Mr. Sullivan of Salem presented a Resolution relative to the Elective terms of office of elective officers (Doc. No. 431). The same member moved that Rule 35 be suspended. On motion of Mr. Luce of Waltham, there being no objection, the provisions of Rule 56, requiring the motion of Mr. Sullivan to be referred to the committee on Rules and Procedure, were suspended; and after debate the Convention refused to suspend Rule 35. Mr. Sullivan of Salem also presented a Resolution relative to General recess committees of the General Court (Doc. No. 432). The i2'~~ same member moved that Rule 35 be suspended. committees. On motion of Mr. Luce of Waltham, there being no objection, the provisions of Rule 56, requiring the motion of Mr. Sullivan to be referred to the committee on Rules and Procedure, were sus- pended; and after debate the Convention refused, by a vote of 14 to 147, to suspend Rule 35. Mr. Washburn of Worcester, for the committee on Rules and gJJ[ a L Procedure, reported recommending that Rule 35 be not suspended biennial on the Resolution relative to biennial sessions of the General Court sessions - (Doc. No. 429). The question on the suspension of Rule 35 was considered forthwith; and after debate the Convention refused to suspend the rule. The same member, for the same committee, reported recom- p u bii c mending that Rule 35 be not suspended on the Resolution relative to the expenditure of public moneys (Doc. No. 430). The question on the suspension of Rule 35 was considered forthwith; and the Convention refused to suspend the rule. 864 JOURNAL OF THE CONVENTION, Labor disputes, settlement. Public service, interruption or impair- ment. Rule 35 not suspended. The same member, for the same committee, reported recom- mending that Rule 35 be not suspended on the Resolution relative to the settlement of labor disputes (Doc. No. 428). The question on the suspension of Rule 35 was considered forthwith; and after debate the Convention refused to suspend the rule. Mr. Pillsbury of Wellesley then presented a Resolution relative to the interruption or impairment of any public service (Doc. No. 433). The same member moved that Rule 35 be suspended. On further motion of the same member, there being no objection, the provisions of Rule 56, requiring the former motion to be referred to the committee on Rules, were suspended. After debate the question was put on the suspension of Rule 35, and 104 members voted in the affirmative and 81 in the negative. The sense of the Convention was then taken by yeas and nays, at the request of Mr. Brown of Brockton; and on the roll call 120 members voted in the affirmative and 105 in the negative, as follows : YEAS. Messrs. Adams, Scott Anderson, George W. Bailey, Charles 0. Balch, Francis N. Bangs, Francis R. Barker, Warren S. Barnes, Clarence A. Bartlett, Horace I. Bassett, Edmund Batchelder, Albert W. Bates, Sanford Benton, Everett C. Besse, Harold A. Bicknell, Wallace H. Blackmur, Paul R. Bodfish, John D. W. Bolster, Percy G. Bouve", Walter L. Boyden, Frank L. Boyer, Elmer E. Boynton, Thomas J. Brine, Henry C. Brooks, George F. Brown, E. Gerry Bryant, Lincoln Buck, Maurice A. Bun-ell, Fred J. Butler, A. Webster Buttrick, Allan G. Carr, Edward Chandler, Leonard B. Chase, Mial W. Clark, Chester W. Codman, James M., Jr. Cook, Benjamin A. Cook, Rufus H. Coombs, Zelotes W. Cox, Guy W. Crafts, Lyman A. Creamer, Walter H. Crossley, William Cyril Messrs. Cummings, Herbert E. Curtis, Arthur B. Curtis, Charles P., Jr. Curtis, Edwin U. Cusick, John F. Dale, George H. Dean, Robert A. Delano, Robert T. Derbyshire, James H. Doe, Orestes T. Doran, James P. Dresser, Frank F. Ellis, Theodore W. Feiker, William H. Ferry, James R. Fisher, Edward Fitz-Randolph, Reginald T. Flye, Louis Edwin Foss, George H. Fraser, Eugene B. George, Samuel W. Giddings, Charles Glazier, Frederick P. Gleason, Nesbit G. Hale, Edward R. Hall, Elisha S. Hall, Isaac Freeman Hibbard, Charles E. Hobbs, Clarence W., Jr. Hoitt, Augustus J. Hutchings, Henry M. Johnson, Charles R. Jones, George R. Kelley, George W. Kenefick, Thomas W. Kerr, Alexander Knotts, J. Franklin Lane, Daniel W. Logan, James Look, William J. Loring, Augustus P. WEDNESDAY, AUGUST 13, 1919. 865 Messrs. Lummus, Henry T. Lyman, Frank E. Lynch, John C. MacMaster, Edward A. McCaffrey, George H., Jr. McLaud, Abner S. Merriam, John M. Merrill, George Frye Montague, David T. Moran, William Newhall, Arthur N. Parkman, Henry Peirce, Albion G. Pillsbury, Albert E. Ray, Herbert L. Rieutord, Louis O. Robbing, Edward J. Robinson, George H. Smith, Jerome S. Messrs. Adams, Brooks Adams, Smith J. Anderson, Frederick L. Aylward, James F. Barrett, James T. Bauer, Ralph S. Bennett, Frank P. Bigney, Robert E. Boucher, Joseph Zoel Brennan, James H. Brennan, James J. Broderick, Patrick S. Bullock, William J. Burns, William A. Coe, S. Hamilton Coleman, George W. Coogan, Clement F. Corrigan, Robert S. Costello, Francis M. Coughlan, William J. Craven, John H. Creed, James F. Crosby, J. Ho well Davis, Elbridge G. Davis, William R. Dellinger, Raymond P. Donnelly, James P. Donoghue, John A. Donovan, James A. Douglass, John J. Driscoll, Dennis D. Farnsworth, Frank S. French, Asa P. Frost, Archie N. Garland, Francis P. Gartland, John J. Gaylord, Henry E. Granfield, William J. Greenwood, Hamlet S. Hall, Frederick S. Harriman, Arthur N. Harrington, Patrick H. Hart, Albert Bushnell Horgan, Francis J. Keliher, John A. Kelley, Thomas R. Messrs. Sullivan, Edmund G. Sweeney, Edward A. Theller, Ralph L. Thompson, Hubert C. Thompson, John L. Tilton, Rufus H. Trefry, William D. T. Turner, Joseph Underbill, Charles L. Walker, George Washburn, Albert H. Webster, Francis E. Wellman, Arthur Holbrook Wheeler, William Wheelock, Henry H. White, John A. Whittier, Eugene P. Williams, Fred Homer Winslow, Guy M. NAYS. Messrs. Kelly, Luke L. Kenny, Herbert A. Lane, Dwight F. Leboeuf, Telesphore Love, Joseph A. Lowell, James A. Luce, Robert Lufkin, Willfred W. Maguire, James E. Mahoney, John J. Mancovitz, David Mansfield, John J. Marshall, Daniel J. Martin, Daniel A. McAnarney, John W. McCormack, John W. Michelman, Joseph Mitchell, Charles Mitchell, John Moore, Charles D. C. Moriarty, James T. Morrill, Charles H. Morton, James M. Moynihan, James J. Murley, Joseph J. Myron, John F. Nestor, Patrick F. Newton, H. Huestis O'Connell, John J. O'Connell, John P. O'Connell, Joseph F. O'Connor, John D. Parker, Herbert Peterson, Patrick Quinn, Timothy F. Richardson, James P. Saunders, Amos T. Scigliano, Alfred P. Shanahan, William J. Shaw, Michael F. Shea, John M. Shea, John T. Sheehan, Christopher A. Skerrett, Mark N. Stoeber, Charles Sullivan, Michael A. 866 JOURNAL OF THE CONVENTION, Messrs. Sullivan, William H. Messrs. Washburn, Charles G. Sweet, Joseph L. Webster, George P. Swig, Louis Weekes, George LeRov Talbot, Harry R. Wilson, William H. Thompson, Edward Wing, Herbert Twomey, John C. Wood, Charles J. Walker, Joseph 120 yeas; 105 nays. Therefore the Convention refused to suspend Rule 35, less than two-thirds of the members present having voted in the affirmative. Manner of Submitting the Rearrangement to the People. Mr - Washburn of Middleborough, for the committee on Rules ' ~~ anc ^ P roce dure an d the committee on Amendment and Codifica- to tep>pie. tion of the Constitution, sitting jointly, who were directed to report to the Convention an order directing the manner in which the proposed rearrangement of the Constitution as duly adopted by the Convention shall be submitted to the people for their ratification and adoption at the state election to be held on November 4 next, reported that the following order ought to be adopted: - Ordered, That the Rearrangement of the Constitution of the Commonwealth, which has been made and adopted by this Con- vention, shall be submitted to the people for their ratification and adoption by printing the question hereinafter stated upon the official ballots to be prepared and transmitted by the Secre- tary of the Commonwealth to all polling places established by law within the Commonwealth for the state election to be held on the fourth day of November next, at which places all persons qualified to vote for state officers may give in their vote by ballot for or against such rearrangement in the following form, to wit : "To vote on the following, mark a cross X in the square at the right of Yes or No:** Shall the Rearrangement of the Constitution of the YES. NO. Commonwealth, submitted by the Constitutional Con- vention, be approved and ratified?" And Ordered, further, That the method prescribed by the pro- visions of Chapter 835, Acts, 1913, as amended by Chapter 109, General Acts, 1917, and by Chapter 364, General Acts, 1919, for the transmission, examination and tabulation of the returns of votes cast on any question submitted by statute shall apply to the transmission, examination and tabulation of the returns of votes cast for and against such rearrangement. If such rearrange- ment shall appear to be approved by a majority of the qualified voters voting thereon according to the votes returned, examined and tabulated, as herein provided, it shall be deemed and taken to be ratified and adopted by the people. The order was considered forthwith; and it was adopted. WEDNESDAY, AUGUST 13, 1919. 867 Compensation of Members and Employees. Mr. Curtis of Revere, for the committee on Contingent Ex- penses and Pay-Roil, who were directed to report to the Con- vention what sum per mile shall be allowed for the travelling expenses of members of the Convention for the 1919 session, also what compensation shall be allowed to the members, and also the compensation for the 1919 session to be paid the Secre- taries and Sergeant-at-Arms of the Convention, and such assistants, in their respective departments as may be approved by the committee on Rules and Procedure, reported recom- mending the adoption of the following schedule: - Mileage (11,090 miles at 12 cents per mile), $1,330 80 Compensation, 315 members at $50 each, 15,750 00 James W. Kimball, Secretary, . . 200 00 Frank E. Bridgman, Assistant Secretary, 100 00 F. Allen Burt, Clerical assistant, . 50 00 Thomas F. Pedrick, Sergeant-at-Arms, 150 00 14 messengers, per day, ... 3 00 3 pages, per day, .... 2 50 1 clerk, document room, per day, . 3 50 1 assistant clerk, document room, per day, 3 00 Postmaster, per day, ... 3 25 Assistant postmaster, per day, . 2 50 Doorkeeper, per day, ... 3 50 Assistant doorkeeper, per day, . 3 25 Sergeant-at-Arms' department, additional (first assistant secretary and other clerks, carpenter and assistant carpenter, engineers, elevator men, electricians, etc., matron, assistant matron, scrub- women, porter, watchman and assistant watchmen), . . . 570 00 The report was considered forthwith. Mr. Lyman of Easthampton moved that the report be amended by adding at the end thereof the words "No member who is not recorded on either day of the Convention shall be entitled to mileage or compensation." Mr. Underhill of Somerville moved that the report be amended, in the second line of the schedule, by striking out "$50", and inserting in place thereof "$30"; and by striking out "$15,750.00", and inserting in place thereof "$9,450.00." Mr. Richardson of Newton moved that the report be amended by striking out the second line of the schedule, as follows : "Compensation, 315 members at $50 each, $15,750.00". After debate the previous question was ordered, on motion of Mr. Benton of Belmont. The amendment moved by Mr. Lyman was then adopted, by a vote of 123 to 36; the amendment moved by Mr. Underhill was rejected, by a vote of 29 to 141; and the amendment moved by Mr. Richardson was rejected. The report and schedule, as amended, were then adopted. On motion of Mr. Washburn of Worcester the provisions of the standing order requiring the President to declare a recess at one o'clock were suspended. 868 JOURNAL OF THE CONVENTION, Certain unrecorded members, compensation. Mr. Bergengren of Lynn. Mr. McCarthy of Marlborough. Amended order. Henry H. Bosworth. Irving D. Ferrey. Augustus W. Perry. Mr. Curtis of Revere offered the following order: Ordered, That members of the Convention who were not re- corded on the 1919 roll calls be entitled to receive compensation for mileage and attendance, provided they report in person to the Secretary of the Convention previously to the hour of final adjournment. Mr. Twomey of Lawrence moved that the order be amended by adding at the end thereof the words " ; and that members of the Convention who are in the military or naval service of the United States shall also be entitled to compensation and mileage". Mr. Martin of Holyoke moved that the amendment be amended by inserting, after the words "naval service", the words "or who are engaged in any war-work activity". This amendment was rejected. After debate the amendment moved by Mr. Twomey was adopted. Mr. Glazier of Hudson moved that the order, as amended, be amended by striking out the words "previously to the hour of final adjournment". This amendment was rejected. Mr. Creamer of Lynn called attention to the fact that Mr. Bergengren of Lynn was detained by a fatal accident to a mem- ber of his family, and moved that the order, as amended, be further amended by inserting, before the word "members" (in the words inserted by amendment), the words "Mr. Bergengren of Lynn and". This amendment was adopted. Mr. Glazier of Hudson moved that the order, as amended, be further amended by inserting the words "Mr. McCarthy of Marlborough and" (Mr. McCarthy having been present yester- day). This amendment was adopted. The order, as amended, was then adopted, as follows: - "Ordered, That members of the Convention who were not recorded on the 1919 roll calls be entitled to receive compensation for mileage and attendance, provided they report in person to the Secretary of the Convention previously to the hour of final adjournment; and that Mr. Bergengren of Lynn and Mr. Mc- Carthy of .Marlborough and members of the Convention who are in the military or naval service of the United States shall also be entitled to compensation and mileage." Leaves of Absence. On motion of Mr. Adams of Springfield, Ordered, That Mr. Bosworth of Springfield be excused from attendance upon the 1919 sessions of the Convention, because of illness. On motion of Mr. Burns of Pittsfield, Ordered, That Mr. Ferrey of Pittsfield be excused from the 1919 session of the Convention, because of illness. On motion of Mr. McCormack of Boston, Ordered, That Mr. Perry of Boston be excused from attendance upon the 1919 session of the Convention, because of sickness; and that he be entitled to receive the compensation and mileage determined upon by the Convention. WEDNESDAY, AUGUST 13, 1919. 869 Motion to Reconsider. Mr. James H. Brennan of Boston then moved that the vote Public be reconsidered by which the Convention had refused, earlier in the session, to suspend Rule 35 on the Resolution relative to the expenditure of public moneys (Doc. No. 430). The same member moved a suspension of the provision of Rule 48 which requires a motion to reconsider to be placed in the Orders of the Day for the next session. Objection was made by Mr. Loring of Beverly. Mr. William H. Sullivan of Boston moved that the Conven- tion adjourn; and this motion was negatived. Mr. Brennan then moved that, when the Convention adjourns, it adjourn to meet in five minutes; and that the subsequent session be considered a legislative day. This motion was negatived. Rearrangement of the Constitution. Mr. Hart of Cambridge, a member of the special committee on Judge Morton, Rearrangement of the Constitution, called attention to the ^arrangement. painstaking work of Mr. Morton of Fall River, of that com- mittee, to whom he gave credit for the greater part of the work of rearrangement. The Convention expressed its appreciation; and Judge Morton responded briefly. On motion of Mr. Luce of Waltham, Ordered, That the sub-committee appointed by the chairman of Rearrange- the special committee on Rearrangement of the Constitution, Constitution, - namely, James M. Morton of Fall River, Albert E. Pillsbury of gfig" Wellesley, Augustus P. Loring of Beverly, Herbert Parker of Lancaster and Albert Bushnell Hart of Cambridge, be and hereby is empowered to correct clerical and typographical errors and establish the text of the rearrangement of the Constitution to be submitted to the people, in conformity with that adopted by the Convention. Plan for Reunion Dinners. Mr. Anderson of Newton, for the special committee appointed Special j. ri -irno -^ v committee on on August 21, 1918, with power to arrange tor a reunion dinner reunion in connection with the 1919 session of the Convention, re- report?' ~~ ported that they found a dinner at this time not feasible, but recommended that a dinner and reunion be held during the coming winter, on which occasion a plan for a permanent organi- zation, with annual dinners, would be proposed. The report was considered forthwith; and, on motion of Mr. Johnson of Worcester, it was accepted, the recommendation was endorsed, and the committee was continued in power. I Remarks by the President. President John L. Bates then addressed the members of the onvention as follows: 870 JOURNAL OF THE CONVENTION, Gentlemen of the Convention: Our work as a Convention is President. ended, and I desire to be the first to congratulate you upon your completed work. Since we came together, something over two years ago, three hundred and nineteen resolutions proposing specific amendments to the Constitution have been introduced and carefully considered. On one hundred and one of these resolutions you based twenty- two amendments and submitted them to the people. The re- maining two hundred and eighteen resolutions you rejected. No one can understandingly pass judgment upon your work without giving as careful consideration to what you discarded as to what you endorsed. What you favored, the people have accepted; and, if one may judge from the absence of any public protest, you have been equally fortunate in having the public approval in what you have rejected. You have been in session a total of one hundred and nineteen days. That total does not, however, include the many days that your committees have been in session when there was no session of the Convention. The amendments that you have submitted to the people were all adopted, some, as in the case of the compulsory voting amend- ment and the initiative and referendum amendment, by a very slight majority, the favoring vote being about fifty-one per cent of the total vote cast. Most of the amendments were, however, adopted by a substantial majority, the favoring vote in the case of the amendment enabling the Commonwealth and its munici- palities to take and distribute the necessities of life being eighty- five per cent of the total. The adopted amendments cover a large field. They relate to absentee voting, to appropriations for educational and benevolent purposes, to the taking and distribution by the Commonwealth and municipalities of the common necessities of life, the initi- ative and referendum, natural resources, the regulation of adver- tising in public places, the preservation of property of histori- cal interest, adjournment of the General Court, the selection of officers of the militia, the powers of the Commander-in-Chief, the succession to the offices of Governor and Lieutenant-Governor, the return by the Governor with his recommendations of bills passed by the General Court, making women eligible to appoint- ment as notaries public, the retirement of judicial officers, the revocation and alteration of grants, franchises, etc., the power of the General Court to limit buildings in districts according to their use or construction, compulsory voting, lending the credit of the Commonwealth, a state budget and the veto of items, biennial elections, recess committees of the Legislature, and a more effi- cient administration of the business of the Commonwealth. We assembled at this session of 1919 for one distinct purpose. It was that we might submit to the people for their adoption a rearranged Constitution containing within its text all that is not at present obsolete of our original Constitution and of the sixty-six amendments that have been passed since 1780. Owing to the efficient and faithful manner in which the special committee on Rearrangement, headed by Mr. Morton of Fall River, and to WEDNESDAY, AUGUST 13, 1919. 871 whom you have just paid such well deserved tribute, has dis- charged its work, there has been nothing left for you to do but to adopt it practically as it came from the committee and to submit it to the people. This you have done, and in so doing you have rounded out and completed your work. Since we last met, nearly a year ago, the great war has come to an end. Constitutional government and arbitrary rule have clashed in one final struggle, and constitutional government has won. Turmoil and agitation, the necessary followers of such a struggle, have appeared and are prominent throughout the world. Nations whose rulers have been overthrown and whose form of government has been changed, and other nations long since dead but now resurrected by the trumpet blasts of the armies of liberty, are seeking to secure their future through the adoption of constitutional safeguards. All civilization is studying the funda- mental principles of government and seeking to construct for the future that which shall best preserve the liberties attained. It is highly significant that at such a time, when the attention of all statesmen is devoted to these problems, no one comes forward with any suggestion for a fundamental change in the Constitution of Massachusetts. This is indicative of a profound conviction on the part of the people of this old Commonwealth that the principles of her Constitution have stood the test. In those principles lies the hope of humanity. They have been adequate for the development of men and the protection of their liberties. We rise from our labors with renewed respect for the Constitution of Massachusetts and a deeper realization of its relation to human welfare. May its principles never want for able defenders, and palsied ever be the hand that would substitute a government of men for a government of laws, anarchy for order, license for liberty! Accept my sincere thanks for the thousand and one courtesies that, as a body and as individuals, you have extended to me; and now, as we go hence, our duty done, may it be your lot, as it is mine, to take away with you nothing but the most precious recollections of our association together in the service . of the Commonwealth. Adjournment Sine Die. Mr. Luce of Waltham then moved that the Convention ad- Final journ sine die; and this motion was adopted by a rising vote. Adjournment. Accordingly, at ten minutes before two o'clock, the President declared the Convention adjourned sine die. APPENDIX LIST OF MEMBERS OF THE CONSTITUTIONAL CONVENTION, WITH RESIDENCES, DISTRICTS REPRESENTED, AND COMMITTEES. NAME. Residence. District. Committees. Adams, Brooks, Quincy, 3d Norfolk, . . . Executive. Adams, Charles Francis, Concord, At large, . . . Taxation. Adams, Scott, . . . Springfield, . . 2d Congressional, Judicial Procedure. Adams, Smith J., . . Lowell, .... 15th Middlesex, . . Military Affairs. Anderson, Frederick L., Newton, 13th Congressional, . Bill of Rights. Anderson, George W., . Brookline, . At large, . . . Public Affairs (chairman). Avery, Nathan P., . . Holyoke, 1st Congressional, . Social Insurance. Aylward, James F., Cambridge, 2d Middlesex, . . Suffrage. Bailey, Charles O., . . Newbury, . 6th Congressional, . Initiative and Referendum. Bailey, J. Warren, 1 . Somerville, . 24th Middlesex, State Administration. Balch, Francis N., . Ballantyne, John, . Bangs, Francis R. f . Boston (Jamaica Plain). Boston (Roxbury), . Boston, . . . 22d Suffolk, . . 16th Suffolk, . . llth Congressional, . State Administration. County and District Govern- ment. Municipal Government. Barker, Warren S., . Fall River, . . . llth Bristol, . . Liquor Traffic. Barnes, Clarence A., Mansfield, . 2d Bristol, . . . Suffrage. Barnes, George L., . Wey mouth, 14th Congressional, . Bill of Rights (clerk). Barrett, James T., . . Cambridge, 1st Middlesex, . . Municipal Government. Bartlett, Horace L, Newburyport, . 23d Essex, . . . Form and Phraseology. Bassett, Edmund, . Taunton, 4th Bristol, . . . Judicial Procedure. Batchelder, Albert W., . Salem, .... 17th Essex, . . . Military Affairs. Bates, John L., President, Bates, Sanford, . . . Brookline, . Boston (Dorchester), At large, . . . 19th Suffolk, . . Rules and Procedure (chair- man). Liquor Traffic. Bauer, Ralph S., Lynn 7th Congressional, . Municipal Government. Begley, John S., Holyoke, . . . 9th Hampden, . Military Affairs. Bennett, Frank P., . . Saugus, 13th Essex, . . . Suffrage. Benton, Everett C., Belmont, 8th Congressional, . Executive. Bergengren, Roy F., Lynn, .... 14th Essex, . Liquor Traffic. Besse, Harold A., . Newburyport, . 24th Essex, . . . Municipal Government. Bicknell, Wallace H., . Weymouth, 5th Norfolk, . . Liquor Traffic. Bigney, Robert E., . Bird, Charles S., Jr., . Blackmur, Paul R., Boston (South Bos- ton). Walpole, . . . Quincy, 10th Suffolk, . . 13th Congressional, . 3d Norfolk, . . . Social Insurance (clerk). Contingent Expenses and Pay- Roll. Form and Phraseology. Mr. Bailey died February 15, 1918. 876 APPENDIX. List of Members of the Constitutional Convention, etc. Con. NAME. Residence. District. Committees. Bodfish, John D. W., . Bolster, Percy G., . . Bosworth, Henry H., . Barnstable (Hyan- nis). Boston (Dorchester), Springfield, . . 1st Barnstable, . 24th Suffolk, . . 2d Congressional, Social Insurance. Amendment and Codification of the Constitution. State Administration. Boucher, Joseph Zoel, . New Bedford, . . 7th Bristol, . . . Social Insurance. Bouve, Walter L., . . Hingham, 3d Plymouth, . Military Affairs (chairman). Bowen, Patrick, Boy den, Frank L., . Boston (South Bos- ton). Deerfield, . 12th Congressional, . 3d Franklin, County and District Govern- ment. Education. Boyer, Elmer E., . Lynn, .... 13th Essex, . . . Executive. Boynton, Thomas J., Everett, . . . 20th Middlesex, . . Rules and Procedure, Labor. Brackett, John Q. A., 1 . Arlington, . 8th Congressional, . Social W'elfare (chairman). Brennan, James H., Brennan, James J., . Brine, Henry C., Boston (Charles- town). Boston (Charles- town). Somerville, . 10th Congressional, . 3d Suffolk, . . . 23d Middlesex, . . Liquor Traffic (clerk). Public Affairs. Municipal Government. Broderick, Patrick S., . Waltham, . . . 5th Middlesex, . . Military Affairs. Brooks, George F., . Worcester, . . . 21st Worcester, . Public Affairs. Brown, E. Gerry, . Brockton, . 10th Plymouth, Labor. Brown, Samuel F., . Bruce, Charles, . Springfield (Indian Orchard). Everett, 7th Hampden, . 9th Congressional, . Labor. Municipal Government. Bryant, Lincoln, Buck, Maurice A., . Milton, . Billerica, . .,,.. 4th Norfolk, . . 17th Middlesex, Military Affairs, Municipal Government. Social Welfare. Bullock, William J., New Bedford, . 8th Bristol, . . . Social Welfare. Burns, William A., . Pittsfield, . . . 4th Berkshire, . Judiciary. Burrell, Fred J., Medford, . * 26th Middlesex, Executive. Butler, A. Webster, Brockton, . . * llth Plymouth, Public Affairs. Buttrick, Allan G., . . Lancaster, . . * 10th Worcester, . Suffrage. Callahan, Timothy F., . Boston, . .' . 6th Suffolk, . . . Bill of Rights. Carr, Edward, . . . Hopkinton, . .. 8th Middlesex, . . Social Insurance. Chandler, Leonard B., . Somerville, . . . 23d Middlesex, . . Bill of Rights. Charbonneau, Henry V., Lowell, ... ; . 15th Middlesex, Labor. Chase, Mial W., . . Lynn 12th Essex, . . . - Education. Choate, tCharles F., Jr., Southborough, . At large, . . . Initiative and Referendum. Churchill, George B., . Amherst, 2d Congressional, . Initiative and Referendum. Clapp, Robert P., . . Lexington, . 28th Middlesex, Public Affairs. Clark, Chester W., . . Wilmington, 5th Congressional, . Judicial Procedure. Clark, Ezra W., . . Brockton, . 14th Congressional, . Liquor Traffic. Coakley, Daniel H., . Boston (Brighton), . 26th Suffolk, . . Judicial Procedure. Codman, James M., Jr., Brookline, . 2d Norfolk, . . . State Finance. Coe. S. Hamilton, . Worcester, . 19th Worcester, . . Municipal Government. Mr. Brackett died April 6, 1918. APPENDIX. 877 List of Members of the Constitutional Convention, etc. Con. NAME. Residence. District. Committees. Coleman, George W., . Boston, At large, . . . [nitiative and Referendum. Collier, David R., . . Gardner, . . . 2d Worcester, . . Labor. Collins, Samuel I., . Amesbury, . 1st Essex, . . . State Finance. Coogan, Clement F., Pittsfield, . . . 4th Berkshire, . . Public Affairs. Cook, Benjamin A., Fitchburg, . 12th Worcester, . . Municipal Government. Cook, Rufus H., Coolidge, Louis A., . Northampton, . Milton 1st Hampshire, . 4t large, Amendment and Codification of the Constitution. Bill of Rights. Coombs, Zelotes W., Worcester, . . . 4th Congressional, . Education (clerk). Cooney, Charles P., Peabody, llth Essex, . . . Suffrage. Corrigan, Robert S., Natick, . . . 6th Middlesex, . . Suffrage. Costello, Francis M., Boston (Roxbury), . 14th Suffolk, . . Judiciary. Coughlan, William J., . Cox, Guy W., . . . B'oston (Dorchester), Boston, . . . 17th Suffolk, . . 7th Suffolk, . . Amendment and Codification of the Constitution. Taxation (chairman). Crafts, Lyman A., . Craven, John H., . Whately, . . . Boston (Roxbury), . 1st Franklin, 13th Suffolk, . . County and District Govern- ment. State Administration. Creamer, Walter H., Lynn, .... 7th Congressional, . Taxation. Creed, James F., . . Crosby, J. Howell, . Boston (Dorchester), Arlington, . 12th Congressional, . 27th Middlesex, Amendment and Codification of the Constitution. The General Court. Crossley, William Cyril, Cummings, Herbert E., Fall River, . . . North Brookfield, . llth Bristol, 3d Congressional, Amendment and Codification of the Constitution. Education. Cummings, John W., Curtis, Arthur B., . Curtis, Charles P., Jr., . Curtis, Edwin U., . . Curtiss, Elmer L., . Fall River, . . . Revere, ... Boston, Boston, Hingham, . At large, . . . 9th Congressional, . 8th Suffolk, . . . At large, . . . 16th Congressional, . Initiative and Referendum (chairman). Contingent Expenses and Pay- Roll (chairman). Municipal Government (clerk). Rules and Procedure, Bill of Rights (chairman). State Administration. Cusick, John F., . . Boston (Dorchester), 19th Suffolk, . . Judiciary. Dale, George H., Watertown, . 29th Middlesex, . . Executive. Daley, Peter, . . . Lowell, .... 14th Middlesex, Social Welfare. Daly, John W Lowell 5th Congressional, . Education. Davis, Elbridge G. f Maiden, . . . 9th Congressional, . Judiciary. Davis, William R., . . Day, Charles M., . Cambridge, Winchendon, 2d Middlesex, . . 2d Worcester, . . County and District Govern- ment. Social Welfare. Dean, Robert A., . Fall River, . llth Bristol, . . Elections (clerk). Delaney, Louis F. f . Holyoke, 10th Hampden, Social Welfare. Delano, Robert T., . . Dellinger, Raymond P., Wareham, . . . Wakefield, . . . 6th Plymouth, . 19th Middlesex, . . County and District Govern- ment. State Finance. Derbyshire, James H., . Lawrence, . 7th Essex, . . . County and District Govern- ment. 878 APPENDIX. List of Members of the Constitutional Convention, etc. Con. NAME. Residence. District. Committees. Doe, Orestes T., . . Franklin, . 10th Norfolk, . . Bill of Rights. Donnelly, James P., Lawrence, . 8th Essex, . . . Education. Donoghue, John A., Boston, . . . 6th Suffolk, . . . Taxation. Donovan, Daniel R., Springfield, . . At large, . . . Social Insurance. Donovan, James A., Lawrence, . 7th Congressional, . Labor. Donovan, Thomas F., . Boston, .... 10th Congressional, . Military Affairs. Doran, James P., Douglass, John J., . Dresser, Frank F., . New Bedford, . . Boston (East Bos- ton). Worcester, . 8th Bristol, . . . 2d Suffolk, . . . 22d Worcester, . Amendment and Codification of the Constitution. State Finance. Judiciary. Driscoll, Dennis D., Boston (Dorchester), 17th Suffolk, . . Initiative and Referendum. Driscoll, Timothy J., . Boston (Roxbury), . 13th Suffolk, . . Elections. Dutch, CharlesFrederick, Winchester, . . 25th Middlesex, State Administration. Ellis, Theodore W M . . Springfield, . . 4th Hampden, . Form and Phraseology. Farnsworth, Frank S., . Leominster, llth Worcester, . Social Insurance. Feiker, William H., Northampton, . 2d Congressional, Taxation. Ferrey, Irving D., . Pittsfield, . . . 4th Berkshire, . State Finance. Ferry, James R., Northbridge, 8th Worcester, . Suffrage. Finn, E. Philip, . . Chelsea, _^ . . 20th Suffolk, . . State Finance. Fisher, Edward, Westford, . . . ,.: 5th Congressional, . The General Court. Fitz-Randolph, R e g i - nald T. Flaherty, William, . Flye, Louis Edwin, Nantucket, . . . Boston (South Bos- ton). Holbrook, . 1st Nantucket, . 9th Suffolk, . . 6th Norfolk, . . Taxation. Social Welfare. Taxation. Flynn, Maurice R., Maiden, . . . 21st Middlesex, . Executive. Foss, George H., Springfield, 4th Hampden, . Education. Fraser, Eugene B., . Lynn, . . 14th Essex, . . . Public Affairs. French, Asa P., . . Randolph, . . . 14th Congressional, . Judicial Procedure. Frost, Archie N., . . Lawrence, . . 5th Essex, . Public Affairs. Gallagher, Daniel J., Garland, Francis P., Gartland, John J., . Boston (South Bos- ton). Somerville, . ... Boston, . , V 12th Congressional, . 23d Middlesex, . . 6th Suffolk, . . . Suffrage. Amendment and Codification of the Constitution. The General Court. Gates, Joseph S., Westborough, 9th Worcester, . . Executive (clerk). Gaylord, Henry E., South Hadley, . 3d Hampshire, . The General Court. George, Samuel W., Giddings, Charles, . . Haverhill, . . . Great Barrington, . 6th Congressional, . 6th Berkshire, . . Rules and Procedure, Elec- tions (chairman). The General Court (clerk). Glazier, Frederick P., . Hudson, 10th Middlesex, Social Welfare. Gleason, Nesbit G., Andover, 9th Essex, . . . Social Insurance. Good, John P., . . . Cambridge, 3d Middlesex, . . Taxation. i APPENDIX. 879 List of Members of the Constitutional Convention, etc. Con. NAME. Residence. District. Committees. Granfield, William J., . Springfield, 3d Hampden, . Executive. Graumann, John, Boston (Roslindale), 22d Suffolk, . . State Finance. Green, Thomas H., Greenwood, Hamlet S., Boston (Charles- town). Lowell 3d Suffolk, . . . 5th Congressional, . Elections. State Administration. Haines, Benjamin F., Medford, . . . 26th Middlesex, Municipal Government. Hale, Edward R., . . Hale, Matthew, . . Hall, Elisha S., Haverhill, . . . Boston, Orange, 2d Essex, . . . At large, . . . 4th Franklin, . County and District Govern- ment. Initiative and Referendum (clerk). Liquor Traffic. Hall, Frederick S., . . Hall, Isaac Freeman, Taunton, North Adams, . 15th Congressional, . 1st Berkshire, . . Rules and Procedure, Munic- ipal Government (chair- man). Education. Hamilton, Andrew Fos- ter. Harding, Clarence W., . Athol Whitman, . . . 1st Worcester, 5th Plymouth, . Judicial Procedure. Liquor Traffic. Harriman, Arthur N., . New Bedford, . . 16th Congressional, . Initiative and Referendum. Harrington, Patrick H., Hart, Albert Bushnell, . Hawley, Truman R., Fall River, . . . Cambridge, Maiden, . . . 10th Bristol, . . 8th Congressional, . 21st Middlesex, . . County and District Govern- ment. Amendment and Codification of the Constitution (chair- man). Suffrage (clerk). Hibbard, Charles E., . Hicks, George H., . Pittsfield, . Fall River, . . . 1st Congressional, . 9th Bristol, . . . Rules and Procedure, Judicial Procedure. Municipal Government. Hobbs, Clarence W., Jr., Hoitt, Augustus J., Worcester, . Lynn, .... 13th Worcester, . 12th Essex, . . . Form and Phraseology, Pub- lic Affairs (clerk). State Finance. Horgan, Francis J., Howard, Charles P., Hutchings, Henry M., . Boston (Jamaica Plain). Reading, Dedham, . . . llth Congressional, . 18th Middlesex, 1st Norfolk, . . Amendment and Codification of the Constitution (clerk). County and District Govern- ment. Judicial Procedure. Johnson, Charles R., Wprcester, . 20th Worcester, . Judicial Procedure. Jones, George R. f . Melrose, . . . 22d Middlesex, . . County and District Govern- ment (chairman). Keliher, John A., . . Kelley, George W., . . Boston, Rockland, . . . llth Congressional, . 4th Plymouth, . County and District Govern- ment. Social Welfare. Kelley, Thomas R., Kelly, Luke L., . . Kenefick, Thomas W., . Boston (East Bos- ton). Boston (Jamaica Plain). Palmer, . . . 1st Suffolk, . . . 15th Suffolk, . . 1st Hampden, . County and District Govern- ment. Education. Judicial Procedure. Kenny, Herbert A., Boston (Roxbury), . 12th Suffolk, . . Military Affairs. Kerr, Alexander, Maiden, . . . 21st Middlesex, . . Liquor Traffic. Kilbon, John L., Springfield, 6th Hampden, . Social Welfare. Kinney, William S., Boston, 7th Suffolk, . . The General Court. Kneil, Arthur S., . . Westfield, . . . 12th Hampden, Suffrage. Knotts, J. Franklin, Somerville, . 24th Middlesex, Liquor Traffic. 880 APPENDIX. List of Members of the Constitutional Convention, etc. Con. NAME. Residence. District. Committees. Lane, Daniel W., Boston, llth Congressional, . Liquor Traffic. Lane, Dwight F., . Langelier, Louis F. R., . Dighton, Quincy, 5th Bristol, . . . 14th Congressional, . County and District Govern- ment. State Administration (clerk). Larson, Charles G., Worcester, . 18th Worcester, . Social Welfare. Leboeuf, Telesphore, Webster, . . . 3d Congressional, Military Affairs. Leonard, Joseph J., Linke, Fred R., . . Boston (Jamaica Plain). West Springfield, . 22d Suffolk, . . 2d Hampden, State Finance. Education. Logan, James, . Worcester, . 4th Congressional, . Municipal Government. Lomasney, Martin M., . Boston, 5th Suffolk, . . . Bill of Rights. Look, William J., . . Tisbury, 1st Dukes, . Public Affairs. Loring, Augustus P., Love, Joseph A., Beverly, Webster, . . . 20th Essex, . . . 6th Worcester, . Form and Phraseology (chair- man). Executive. Lowe, Arthur H., Fitchburg, . 3d Congressional, State Finance. Lowell, James A., Newton, 4th Middlesex, . . Labor (chairman). Luce, Robert, . Lufkin, Willfred W., Waltham, . . . Essex, .... 13th Congressional, . 6th Congressional, . Rules and Procedure, The General Court. Executive. Lummus, Henry T., Lynn, .... 14th Essex, . . . Initiative and Referendum. Lyman, Frank E., . Lynch, John C., Easthampton, . Milford, . . . 2d Hampshire, . 9th Worcester, . County and District Govern- ment. Taxation. MacMaster, Edward A., . Bridgewater, 8th Plymouth, . Judicial Procedure. Maguire, James E. f . Mahoney, John J., . Malone, Dana, 1 Mancovitz, David, . Mansfield, John J., . Boston (East Bos- ton). Boston (Charles- town). Greenfield, . Boston, . . . Boston (Roxbury), . 10th Congressional, . 4th Suffolk, . . 1st Congressional, . 5th Suffolk, . . 12th Suffolk, . . Judiciary. State Administration. Rules and Procedure, The General Court (chairman). County and District Govern- ment (clerk). Executive. Marshall, Daniel J., Worcester, . .. . 15th Worcester, . ." Military Affairs (clerk). Martin, Daniel A., . Holyoke, . . . llth Hampden, Suffrage. Martin, Martin L. f . . , McAnarney, John W., . Boston (South Bos- ton). Quincy, 9th Suffolk, . . . 3d Norfolk, . . . Municipal Government. Judiciary. McCaffrey, George H., Jr. McCarthy, Charles F., . Boston (Roxbury), . Maryborough, 15th Suffolk, . . 9th Middlesex, . . State Finance (clerk). Military Affairs. McCormack, John W., . Boston (Dorchester), llth Suffolk, . . Form and Phraseology. Mclsaac, Daniel V., McKeon, Francis P., Boston (South Bos- ton). Worcester, . . . 10th Suffolk, . . 17th Worcester, . . Amendment and Codification of the Constitution. Executive. McLaud, Abner S., . Greenfield, . 2d Franklin, Public Affairs. Merriam, John M., . Framingham, . 7th Middlesex, . . Judiciary. Merrill, George Frye, . Gloucester, . 21st Essex, . Bill of Rights. Mr. Malone died August 13, 1917. APPENDIX. 881 List of Members of the Constitutional Convention, etc. Con. NAME. Residence. District. Committees. Michelman, Joseph, Boston (Dorchester), 19th Suffolk, . . Public Affairs. Mitchell, Charles, . . New Bedford, . . 16th Congressional, . Judicial Procedure. Mitchell, John, . . . Springfield, 3d Hampden, Liquor Traffic. Montague, David T., . Boston, 7th Suffolk, . . Judiciary. Moore, Charles D. C., . Swampscott, 15th Essex, . . . Elections. Moran, William, Fall River, . 10th Bristol, . . The General Court. Moriarty, James T., Morrill, Charles H., Boston (South Bos- ton). Haverhill, . . . At large, 4th Essex, . . . Liquor Traffic. The General Court. Morton, James M., . Fall River, . 15th Congressional, . Judiciary (chairman). Moynihan, James J., Boston (Dorchester), 18th Suffolk, . . The General Court. Murley, Joseph J., . Murphy, John L., . Boston (East Bos- ton), Chelsea, . . . 10th Congressional, . 23d Suffolk, . . Judicial Procedure. Social Welfare. Myron, John F., Boston (Dorchester), 18th Suffolk, . . Social Insurance. Nestor, Patrick F., . . Newhall, Arthur N., . Lowell Stoneham, . 14th Middlesex, . . 18th Middlesex, . . Contingent Expenses and Pay- Roll. Military Affairs. Newton, H. Huestis, Everett, . . . 20th Middlesex, . . Suffrage (chairman). Nutting, Edward H., . Leominster, llth Worcester, . Executive. O'Connell, John J., Lowell 16th Middlesex, . . State Finance. O'Connell, John P., Salem, .... 18th Essex, . . . Social Insurance. O'Connell, Joseph F., . Boston (Dorchester), 12th Congressional, . Taxation. O'Connor, John D., Chicopee, . 8th Hampden, . Amendment and Codification of the Constitution. Parker, George S., . . Boston (Dorchester), 24th Suffolk, Public Affairs. Parker, Herbert, Parkman, Henry, . Lancaster, . Boston, 3d Congressional, 8th Suffolk, . . . Rules and Procedure, Initia- tive and Referendum. State Finance (chairman). Peirce, Albion G., . . Methuen, 5th Essex, . . . Education. Pelletier, Joseph C., Perry, Augustus W., Boston, . . . Boston (Dorchester), At large, . . . 24th Suffolk, . . Rules and Procedure, Bill of Rights. Elections. Peterson, Patrick, . Brockton, . 9th Plymouth, . Elections. PiUsbury, Albert E., , Powers, Samuel L., Putnam, Harry B., Wellesley, . . . Newton, Westfield, . . . 9th Norfolk, . . 13th Congressional, . 1st Congressional, . Rules and Procedure, Judicial Procedure (chairman). Rules and Procedure, Initia- tive and Referendum. State Finance. Quincy, Josiah, Quinn, Timothy F., Boston, Sharon, At large, . . . 7th Norfolk, . . Rules and Procedure, Execu- tive (chairman). The General Court. Ray, Herbert L., . . Sutton 7th Worcester, . Elections. Reidy, Michael J., . . Boston (Dorchester), llth Suffolk, . . The General Court. 882 APPENDIX. List of Members of the Constitutional Convention, etc. Con. NAME. Residence. District. Committees. Richardson, Edward A., ! Ayer, .... 12th Middlesex, . . Taxation. Richardson, James P., . Rieutord, Louis O., Newton, Southbridge, 4th Middlesex, . . 5th Worcester, . Amendment and Codification of the Constitution. Executive. Robbins, Edward J., Chelmsford, llth Middlesex, . State Administration. Robinson, George H., . Sturbridge, . . 4th Worcester, . Public Affairs. Ross, Samuel, . New Bedford, . . 16th Congressional, . Rules and Procedure, Labor. Russell, Walter F., 2 Brockton, . . . 10th Plymouth, - Saunders, Amos T., Clinton, . . . 10th Worcester, . Social Insurance. Sawyer, Roland D., Ware 4th Hampshire, . Suffrage. Scigliano, Alfred P., Boston, 5th Suffolk, Labor. Shanahan, William J., . Somerville, . 24th Middlesex, Taxation. Shattuck, Josiah B., Worcester, . 14th Worcester, . Labor. Shaw, Michael F., . . Revere, 27th Suffolk, . . Taxation. Shea, John M., . . . Dalton, 5th Berkshire, . Judiciary. Shea, John T Cambridge, 3d Middlesex, . . Labor. Sheehan, Christopher A., Sherburne, Nelson, . Boston (East Bos- ton). West Springfield, . 1st Suffolk, . 2d Hampden, . Military Affairs. Initiative and Referendum. Skerrett, Mark N., . . Worcester, . 16th Worcester, . Labor. Smith, Jerome S. t . Provincetown, . 3d Barnstable, . The General Court. Smith, Rutherford E., . Lynnfield, . 13th Essex, . Judicial Procedure (clerk). Sparrell, Ernest H., Norwell, . . . 2d Plymouth, . Social Welfare. Stearns, Harry N., . Cambridge, . 7 8th Congressional, . State Administration. Stoeber, Charles, . Adams, 3d Berkshire, Bill of Rights. Stoneman, David, . Boston (Roxbury), . 16th Suffolk, . . Judiciary (clerk). Sullivan, Edmund G., . Salem, .... 6th Congressional, . Judiciary. Sullivan, Joseph M., 3 . Sullivan, Michael A., . Sullivan, William H., . Boston (Charles- town). Lawrence, . Boston (Roxbury), . 4th Suffolk, . . 7th Congressional, . 14th Suffolk, Liquor Traffic. Amendment and Codificatio of the Constitution. Bill of Rights. Sullivan, William J., Sweeney, Edward A., Boston (East Bos- ton). Attleboro, . 2d Suffolk, . . . 1st Bristol, . . . Labor. Social Insurance. Sweet, Joseph L., . Attleboro, . . ~. 15th Congressional, . Social Welfare. Swig, Louis, Taunton, 3d Bristol, . . . Bill of Rights. Talbot, Harry R., . Plymouth, . 1st Plymouth, . Labor (clerk). Tatman, Charles T., Worcester, . 4th Congressional, . The General Court. Theller, Ralph L., . . New Bedford, . 8th Bristol, . . . State Finance. Thompson, Edward, Beverly, 19th Essex, . Social Insurance. 1 Mr. Richardson died January 4, 1919. 2 Mr. Russell died June 22, 1917, and never qualified as a member. Mr. Sullivan was not seated until July 10, 1917. APPENDIX. 88 List of Members of the Constitutional Convention, etc. Con. NAME. Residence. District. Committees. Thompson, Hubert C., . Thompson, John L., Haverhill, . . . North Attleborough, 3d Essex, . . . 1st Bristol, . . . Amendment and Codification of the Constitution. Labor. Tilton, Rufus H., . Springfield, . . 5th Hampden, . Taxation (clerk). Trefry, William D. T., . Marblehead, . . 16th Essex, . . . Taxation. Turner, Joseph, Fall River, . . . loth Congressional, . Public Affairs. Twomey, John C., . Lawrence, . 6th Essex, . . . Contingent Expenses and Pay- Roll. Underfill!, Charles L., . Somerville, . 9th Congressional, . Rules and Procedure, Liquor Traffic (chairman). Walcott, Robert, Cambridge, 3d Middlesex, . . Bill of Rights. Walker, George, New Bedford, . 7th Bristol, . Military Affairs. Walker, Joseph, . . Walsh, David I., . . Washburn, Albert H., . Washburn, Charles G., . Waterman, George B., . Brookline, . Fitchburg, . . . Middleborough, . Worcester, . Williamstown, . At large, . . . At large, . . . 7th Plymouth, . 4th Congressional, . 2d Berkshire, . . Rules and Procedure, Initia- tive and Referendum. Rules and Procedure, State Administration (chairman). Amendment and Codification of the Constitution. Rules and Procedure, Social Insurance (chairman). State Administration. Webster, Francis E., Waltham, . . . 5th Middlesex, . . BUI of Rights. Webster, George P., Haverhill, . 4th Essex, . Suffrage. Weekes, George LeRoy, . Harwich, 2d Barnstable, . Social Welfare (clerk). Wellman, Arthur Hoi- brook. Wheeler, William, . Topsfield, . . . Concord, 10th Essex, . . . 13th Middlesex, . Education (chairman). Education. Wheelock, Henry H., . Fitchburg, . 12th Worcester, . . Military Affairs. Whipple, Sherman L., . White, John A., . . Brookline, . North Brookfield, . At large, . . . 3d Worcester, . Rules and Procedure, Initia- tive and Referendum. Elections. Whitehead, James, . . Fall River, . . . 9th Bristol, . State Administration. Whittier, Eugene P., Winthrop, . 21st Suffolk, . . Education. Willett, George Franklin, Norwood, 8th Norfolk, . . State Administration. Williams, Fred Homer, . Wilson, William H., Brookline, . Lowell, .... 2d Norfolk, . . . 15th Middlesex, Rules and Procedure, Judi- ciary. Judiciary. Wing, Herbert, . Dartmouth, 6th Bristol, . . . Suffrage. Winslow, Guy M. f . Newton, 4th Middlesex, . . Education. Wonson, Carlton W., Wood, Charles J., . . Gloucester, . Cambridge, . 22d Essex, . . . 2d Middlesex, . . Contingent Expenses and Pay- Roll (clerk). Social Insurance. Youngman, William S., . Boston (Allston), 25th Suffolk, . . Initiative and Referendum. 884 APPENDIX. OFFICERS OF THE CONVENTION. JOHN LEWIS BATES, President, Brookline. JAMES W. KIMBALL, Secretary, . . Swampscott. FRANK E. BRIDGMAN, Assistant Secretary, .... Boston. THOMAS F. PEDRICK, Sergeant-at-Arms, .... Lynn. APPENDIX. 885 RECORD OF MEMBERS OF THE CONVENTION WHO SERVED IN THE WAR WITH GER- MANY. [See Order adopted on August 13, 1919.] Begley, John S., of Holyoke. Bergengren, Roy F., of Lynn. Bird, Charles S., Jr., of Walpole. Coughlan, William J., of Boston. Curtis, Charles P., Jr. of Boston. Enlisted December 12, 1917; in Naval Reserve Flying Corps, stationed at Naval Air Station, Pensacola, Fla., until March 15, 1918; then sent to aviation ground school at M. I. T., Cam- bridge, Mass.; promoted to rank of ensign July 15, 1918; in- structor of aerial gunnery and bombing at Naval Aviation Detachment, M. I. T. ; transferred to inactive duty December 9, 1918. Commissioned captain of ordnance, U. S. A., July 7, 1918; assistant ordnance finance manager, Boston district, ordnance office, July 24, 1918, to February 20} 1919; ordnance finance manager February 20, 1919, to July 1, 1919; member Ordnance District Claims Board, adjusting munitions contracts, as an of- ficer, February 20, 1919, to July 1, 1919. Civilian member, same, July 1 to November 1, 1919; applied for service overseas August 20, 1918, but had not received appointment prior to armistice; agent disbursing officer, Boston, August, 1918, to July 1, 1919. Enlisted directly after war was declared, having previously taken some months of army training at "Western Plattsburg" Officers' Training Camp, Camp Sheridan, Chicago; was in Europe during season of first Plattsburg; went with first con- tingent to Plattsburg, May, 1917; trained in heavy artillery and was made captain; at Camp Devens, 76th Division, 303d Field Artillery, captain, supply company; left for France July 15, 1918; was at front ten days, when armistice was declared; dis- charged in April, 1919. Enlisted Naval Aviation Corps June 17, 1918; detailed to School for Pilots at M. I. T., Cambridge, Mass.; given rating of chief quartermaster; November 4, 1918, detailed to patrol station at Chatham, Mass., patrols extending from Gloucester to Nan- tucket; placed on inactive duty December 31, 1918; given pro- visional rating of ensign. Joined naval reserve in March, 1917; entered active service August, 1917; made ensign of U. S. N. R. F. September, 1917; went to naval academy at Annapolis February 1, 1918; received temporary commission as ensign in U. S. N. ; ordered to destroyer "Duncan" in Queenstown, Ire., serving until Octo- ber, 1918; promoted to lieutenant, junior grade, July 1, 1918; 886 APPENDIX. Donovan, James A., of Lawrence. Ellis, Theo- dore W., of Springfield. October 1, 1918, ordered to destroyer "Buchanan," building at Bath, Me., and served on her until March, 1919, when ordered home; discharged March 31, 1919. Enlisted and called to active duty July 5, 1918, at Boston; course at M. I. T. Aviation School; commissioned ensign in U. S. Naval Flying Corps at Pensacola, Fla., October 28, 1918; placed on inactive duty there January 8, 1919. Enlisted August 27, 1917, Officers' Training Camp, Platts- burg Barracks, New York; assigned to Coast Artillery Officers' Training Camp, Fort Monroe, Va., September 27, 1917; com- missioned captain in same November 27, 1917; assigned as instructor to Coast Artillery School, Fort Monroe, Va. ; trans- ferred to coast defences of Chesapeake Bay March 1, 1918; assigned to command Coast Artillery Company and Battery Eustis, a 10-inch gun battery; assigned to command Battery A, 4th Trench Mortar Battalion, A. E. F., at Camp Eustis, Virginia, June 25, 1918; went overseas September, 1918; remained in or near Vitrey, France, until the armistice; returned to the United States, and was discharged February 7, 1919. Enlisted in United States navy in June, 1918, as dental sur- geon in the medical corps, receiving the rank of lieutenant, junior grade; assigned to Harvard Radio School, then to Bumkin Island Training School; promoted December 26, 1918, to rank of full grade lieutenant; placed on inactive list at his own request in May, 1919. Enlisted Massachusetts State Guard March, 1917; sergeant, May 15, 1917; commissioned captain and adjutant 12th Regiment In- fantry, M. S. G., July 27, 1917; organized and administered regi- mental headquarters until August, 1918; commissioned major, judge advocate, U. S. A., August 9, 1918; detailed to office of Judge Advocate General of the army at Washington, D. C.; appointed officer in charge of War Laws and Librarian Division September, 1918 [in which capacity he was still serving at the time this page went to press]; commissioned lieutenant colonel, judge advocate, September 8, 1919. Enlisted in second Plattsburg August, 1917; graduated there November 21, 1917, with rank of 2d lieutenant; promoted to 1st lieutenant in July, 1918; November 4, 1918, promoted to captain while in the Argonne, France; with Co. F, 53d Pioneer Infantry, at Camp Wadsworth, from January, 1918, until sailing overseas, August 1, 1918, and until the regiment sailed for home in April, 1919; at Camp Wadsworth was assistant judge advocate, later assistant director of "Officers' Schools," and assistant adjutant; in France, assistant adjutant, then adjutant; transferred to United States Liquidation Commission the day before his regi- ment sailed for home. K f e B y 't ukeL " Enlisted September 3, 1918; sent to Central Officers' Training School, Camp Taylor, Louisville, Ky.; member, 24th Training Battery; discharged Nov. 28, 1918, before completing the course. Good, John P., of Cambridge. Hawley, Truman R., of Maiden. Howard, Charles P., of Reading. APPENDIX. 887 Marshall, Daniel J., of Worcester. Martin, Daniel A., of Holyoke. McCaffrey, George H., Jr. of Boston. McCormack, John W., of Boston. Murphy, John L., of Chelsea. Perry, Augustus W., of Boston. Twomey, John C., of Lawrence. Wheel ock, Henry H., of Fitchburg. I Enlisted November 27, 1917; commissioned 1st lieutenant, Field Artillery, Officers' Reserve Corps; assigned Camp Zachary Taylor, Kentucky; discharged December 11, 1918. Enlisted as private September 5, 1917; sailed for France September 23, 1917, with Battery D, 102d Division; served with same until April, 1918, through the Soissons defensive; later with army artillery, serving in St. Mihiel September 12 to 18, 1918, and first Argonne offensive September 21 to No- vember 11, 1918, when armistice was declared; sailed for the United States May 6, 1919, after being twenty-one months in service of A. E. F.; discharged as sergeant May 21, 1919. Enlisted in second Officers' Training Camp at Plattsburg Barracks, New York, August 25, 1917; commissioned 1st lieutenant of infantry November 26, 1917, and assigned to Camp Dix, New Jersey; assistant to division adjutant, 78th Division, from December, 1917, to April, 1918; assigned to Co. B, 310th Infantry, April, 1918, and went overseas With it in May, 1918; assistant and understudy to chief of Operations Section, General Staff, 78th Division Headquarters, in June, 1918; served in St. Mihiel and Argonne campaigns; promoted to captain of infantry March, 1919; ordered to Poland with convoys of Polish troops, passing through Germany in April, 1919, remaining on that duty to July, 1919; landed in the United States July 18, 1919; dis- charged at Camp Devens August 5, 1919. Enlisted June 22, 1918, at Camp Devens; private, corporal, sergeant of 14th Company, 151st Depot Brigade; transferred October 10, 1918, to Infantry Replacement, Camp Lee, Virginia; discharged November 23, 1918, as officers' candidate in Central Officers' Training School, Camp Lee. Enlisted Plattsburg Training Camp August 27; there until November 27, 1917, when commissioned 2d lieutenant, infantry; attached to Co. I., 313th Infantry, Camp Meade, Maryland; promoted to 1st lieutenant May 16, 1918; transferred to Camp Lee, Virginia, as judge advocate of special court martial, serving until discharged, April 22, 1919. Enlisted in United States navy October 18, 1917; rated yeoman, first-class; discharged for disability, Naval Hospital, Chelsea, Mass., July 13, 1918. Enlisted July 11, 1918, in U. S. N. R. F.; discharged Decem- ber 10, 1918; on inactive duty; rated yeoman, first class, at all times. Enlisted July 13, 1909, Co. I, 6th Infantry; 2d lieutenant, battalion quartermaster and commissary, June 14, 1910; captain of supply company Dec. 3, 1912; ordered out with his regiment April 27, 1917, on war with Germany; transferred from 6th Division September 6, 1917, to 26th Division; left for France with that division; served in France nineteen months; Septem- ber 18, 1918, transferred to command 101st supply train; pro- moted to major, Q. M. C., October 16, 1918; returned to the United States with 26th Division, commanding 101st supply 888 APPENDIX. train; discharged at Camp Devens May 3, 1919; cited by General Pershing for "exceptionally meritorious and conspicuous service as representative of the, Q. M. C. with the 26th Division, A. E. F." wmSnTs 11 ' Assistant director United States Shipping Board Emergency of Boston.' Fleet Corporation, in charge of section at Philadelphia, Pa., in- cluding Secret Service and Plant Protection; commissioned, 1918, captain, Q. M. C., U. S. A.; appointed assistant to zone supply officer, Atlanta, Ga. APPENDIX. 889 FINAL RULES OF THE CONVENTION. [See original set of rules on pages 35-42.) THE PRESIDENT. 1. The President shall take the chair at the hour to which the Convention is adjourned; shall call the members to order; and on the appearance of a quorum shall proceed to business. 2. He shall preserve order; may speak to points of order; and shall decide all questions of order, subject to an appeal to the Convention, if seconded, and no other business shall be in order until the question on the appeal shall have been decided. [Amended September 18, 1917, see page 245.] 3. He shall declare all votes; but if any member doubts a vote he shall order a return of the number voting in the affirmative and in the negative, without further debate. When a vote is doubted, the members for or against the question, when called by the President, shall rise and stand until counted. 4. He shall rise to put a question, or to address the Conven- tion, but may read sitting. In all cases he may vote. 5. He may require any motion to be reduced to writing. 6. When two or more members rise at once he shall name the member who is to speak first. 7. He may name a member to perform the duties of the Chair, but such substitution shall not extend beyond three days. 8. If the President or the member appointed to the chair shal be absent at the hour to which the Convention is adjourned, the Secretary shall call the Convention to order and shall preside until a President pro tempore is elected, which shall be the first business. 9. The President shall have the general control of the Con- vention Chamber and galleries and the rooms adjoining. No person, excepting members, officers and attendants of the Con- vention, and such persons as may be invited by the Convention or by the President, shall be admitted within the bar. The chair- man of the Committee of the Whole, during the sitting of such committee, shall have like powers. MONITORS. tlO. The President shall appoint two monitors for each division, ivhose duty it shall be to see that the rules and orders are duly observed, and, on demand of the President, to return the number of votes or members in their respective divisions. 890 APPENDIX. SECRETARY. 11. The Secretary shall enter in the Journal of the Convention a record of its proceedings, and shall prepare a Calendar of matters in order for consideration, matters lying on the table, and such other memoranda as the Convention or the President may direct, each to be printed daily. 12. Every question of order shall be noted by the Secretary, with the decision thereon, and shall be entered at large in the Journal. MEMBERS. 13. No member shall be absent more than two days without leave of the Convention, nor absent himself from the Convention without leave unless there be a quorum without his presence. When it appears to the President that the presence of a quorum is endangered, he shall order the doors closed until the Convention takes action thereon. 14. Every member present in the Convention when a question is put shall give his vote, unless the Convention for special reasons shall excuse him. A member desiring to be excused shall make application therefor, with a brief statement of his reasons, before a division or before the calling of the yeas and nays, and the same shall be decided without debate. The pairing of members shall not be recognized. 15. Every member, when about to speak, shall rise and address the President, shall confine himself to the question under debate, and avoid personalities. No member shall speak out of his place without leave of the President, and upon the taking of any vote the President may require that all members shall resume and remain in their places until final verification of the vote. [Amended September 18, 1917, see page 245.] 16. No member speaking shall be interrupted by another but by rising to call to order. 17. No member shall mention in debate another member by his name, but may describe him by such designation as may be intelligible and respectful. 18. No member shall speak more than once to the prevention of others who have not spoken; nor shall any member speak on any question more than thirty minutes in all, unless the Conven- tion votes an extension of his time, which shall not exceed thirty minutes: provided, however, that, in debate on the questions on passing a resolution to be engrossed and on submitting a pro- posal to the people, members shall be limited to five minutes each. [Amended June 12 and August 14, 1918, see pages 617 and 800.] 19. No member shall be permitted to stand, to the interruption of another, while any member is speaking, nor to pass unneces- sarily between the President and the member speaking, nor shall any member be permitted to stand in the aisles or the area in front of the President's desk during the session of the Convention, APPENDIX. 891 except, after recognition by the Chair, for the purpose of speaking therefrom, nor to stand at the Secretary's desk during a roll call. [Amended June 12, 1918, see page 617.] 20. When any member shall be guilty of a breach of any rule or order of the Convention, he may be required, on motion, to make satisfaction therefor, and shall not be allowed to vote or speak, except by way of excuse, until he has so done. 21. All papers belonging to the Convention, in the possession of a member obtaining leave of absence, shall be left by him with the Secretary. QUOKUM. 22. One hundred and sixty-one members present in the Con- vention Chamber shall constitute a quorum for the transaction of business, but a motion to go into Committee of the Whole may be entertained whenever one hundred members are present. COMMITTEES. 23. Standing committees shall be appointed as follows: A committee on Rules and Procedure, to consist of the Presi- dent, who shall be chairman of the committee, and eighteen other members. A committee on Bill of Rights; A committee on The General Court; A committee on Initiative and Referendum; A committee on Suffrage; A committee on State Finance; A committee on Taxation; A committee on Public Affairs; A committee on Social Welfare; A committee on Labor; A committee on the Liquor Traffic; A committee on Social Insurance; A committee on the Executive; A committee on State Administration; A committee on Municipal Government; A committee on County and District Government; A committee on Military Affairs; A committee on the Judiciary; A committee on Judicial Procedure; A committee on Education; A committee on Amendment and Codification of the Consti- tution; Each to consist of fifteen members. A committee on Elections, to consist of nine members. A committee on Contingent Expenses and Pay-Roil; A committee on Form and Phraseology; Each to consist of five members. 24. All committees shall be appointed by the President, unless otherwise ordered by the Convention, and the member first named shall be chairman. 892 APPENDIX. 25. With the approval of the committee on Rules and Pro- cedure a committee may originate, without specific reference, any proposal for amendment of the Constitution which falls within the proper province of such committee. 26. A proposal for amendment of the Constitution reported by a committee, based on a specific reference or references, shall not be open to the point of order that it contains matter not within the scope of the reference. 27. Reports of committees, except as provided in Rule 33, shall be acted upon when received, or placed in the Orders of the Day for the next session, at the discretion of the Chair. Upon the adoption of this rule the Committee of the Whole shall stand dis- charged of all matters pending on its docket, and such matters, in the same order, shall be placed in the Orders of the Day for the next session of the Convention. [Amended June 12, 1918, seepage 617.] 28. Proposals to amend the Constitution in their third reading, or after material amendment in any later stage, shall be referred to the committee on Form and Phraseology for examination, correction and report. When a proposal has been so referred it shall not be acted upon by the Convention until report thereon has been made by the committee. The President may at any time direct the committee to report forthwith. [Amended November 7, 1917, see page 428.] 29. The committee on Form and Phraseology shall examine and correct the proposals to amend the Constitution which are referred to it, for the purpose of avoiding repetitions, insuring accuracy in the text, and consistency: provided, that any change in the sense or legal effect or any material change in the con- struction shall be reported to the Convention as an amendment. 30. No committee, except the committee on Rules and Pro- cedure, shall sit during the sessions of the Convention or of the Committee of the Whole, except by leave of the Convention. COMMITTEE OF THE WHOLE. 31. When the Convention determines to go into Committee of the Whole, the President shall appoint the member who shall take the chair. 32. The rules of the Convention so far as applicable shall be observed in Committee of the Whole, except that one hundred members shall constitute a quorum; it cannot refer a matter to any other committee; it cannot adjourn; a motion for indefinite postponement shall not be in order; the yeas and nays shall not be called; and a member may speak more than once. The com- mittee shall have the same powers as the Convention to enforce the attendance of members; and the Secretary and the Sergeant- at-Arms shall be the secretary and sergeant-at-arms, respectively, of the Committee of the Whole. [Amended June 12, 1918, see page 618.] APPENDIX. 893 PROCEDURE. 33. If a committee reports favorably on a proposal to amend the Constitution, and if the proposal has been read but once, it shall go to a second reading without question; otherwise it shall be placed in the Orders of the Day for the next session, pending the question on ordering to a third reading. [Amended August 21, 1917, and June 12, 1918, see pages 182 and 618.] 34. If a committee reports that a proposal to amend the Constitution ought not to pass, it shall be placed in the Orders of the Day for the next session, and shall then be open to amend- ment, pending the question on rejection. If rejection is negatived, the proposal, if it has been read but once, shall go to a second reading without question; otherwise it shall be placed in the Orders of the Day for the next session, pending the question on ordering to a third reading. [Amended August 21, 1917, and June 12, 1918, see pages 182 and 618.] 35. All proposals to amend the Constitution shall embody a draft of the proposed amendment, and each proposal shall be filed by a member of the Convention with the Secretary before five o'clock P.M., June 25, 1917, and by him be submitted to the President, who shall read the proposals and, with the consent of the Convention, refer them to the appropriate committees, or to the Committee of the Whole. 36. No proposition shall be introduced or brought before the Convention unless it relates directly to its business. This rule shall not be suspended except by vote of four-fifths of the mem- bers present and voting. 37. If any member of the Convention shall so request, any order or resolution which shall be proposed for adoption, or any motion which in the opinion of the Chair should not be con- sidered without further notice, shall be postponed until the next session without question. [Amended June 12, 1918, see page 618.] 38. The unfinished business in which the Convention was en- gaged at the time of the last adjournment shall have precedence in the Orders of the Day, after motions to reconsider. 39. No matter which has been duly placed in the Orders of the Day shall be discharged therefrom, or considered out of the regular course, except by vote of four-fifths of the members present and voting. PRECEDENCE OF MOTIONS. 40. When a question is under debate, no motion shall be enter- tained but to adjourn, to lay on the table, for the previous ques- tion, to close debate at a specified time, to postpone to a day certain, to commit or recommit, to amend, or to postpone in- definitely; which several motions shall have precedence in this order. 41. All questions shall be put in the order in which they are moved, unless the subsequent motion be previous in its nature; 894 APPENDIX. except that in naming sums and fixing times the largest sum and the longest time shall be put first. 42. No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. 43. Any member may call for the division of a question which is in its nature divisible. A motion to strike out and insert shall be deemed indivisible; but a motion to strike out. being lost, shall neither preclude amendment nor a motion to strike out and insert. 44. After a motion is stated by the President, it shall be in possession of the Convention, and shall be disposed of by its vote; but the mover may withdraw it, unless objection is made, at any time before a decision or amendment, except a motion to recon- sider, which shall not be withdrawn' after the time has elapsed within which it originally could be made. 45. A motion to adjourn shall always be in order; and that motion, or a request for the yeas and nays, shall be decided with- out debate. On motions to lay on the table, to take from the table, to close debate at a specified time, to postpone or adjourn to a day certain, to commit or recommit, and for suspension of any rule, and upon an appeal from the decision of the Chair, de- bate shall be limited to ten minutes, and no member shall speak more than three minutes. The statement of any question of personal privilege shall be limited to five minutes. [Amended September 18, 1917, and June 12, 1918, see pages 245 and 618.] PREVIOUS QUESTION. 46. The previous question shall be put in the following form: "Shall the main question be now put?" Debate upon the main question shall be suspended until the previous question is de- cided. On the previous question debate shall be limited to ten minutes, and no member shall speak more than three minutes, nor more than once without leave; and all incidental questions of order, arising after a motion is made for the previous question, shall be decided without debate, except on appeal, duly seconded, and on such appeal no member shall be allowed to speak more than once without leave. If the previous question is ordered, twenty minutes shall be allowed for general debate, no member to speak more than five minutes, after which the member in charge of the measure shall have not exceeding ten minutes, and the vote shall be taken forthwith upon amendments reported by a committee, upon other pending amendments, and then upon the main question. [Amended June 12, 1918, see page 619.] 47. A member may move that the question be now put upon the pending amendment next in order, and if such motion pre- vails the member offering the amendment and the member in charge of the measure shall each have not exceeding five minutes, and thereupon the vote shall be taken on the adoption of such amendment and amendments pending thereto. [Adopted June 12, 1918, see page 619.] APPENDIX. 895 RECONSIDERATION. 48. When a vote has passed, it shall be in order for any mem- ber to move a reconsideration thereof on the same or the succeed- ing day, and such motion, if made on the same day, shall be placed first in the Orders of the Day succeeding, and if made on the succeeding day it shall be made before the Orders of the Day are taken up. A motion to reconsider being rejected, shall not be renewed, nor shall any subject be a second time reconsidered: provided, that a motion to reconsider a vote upon a collateral matter, shall not remove the main subject under consideration from before the Convention, but shall be considered when made. Debate on motions to reconsider shall be limited to thirty minutes, and no member shall speak more than five minutes; but on a motion to reconsider a vote upon any collateral matter de- bate shall be limited to ten minutes, and no member shall speak more than three minutes. YEAS AND NAYS. 49. On all questions the sense of the Convention shall be taken by yeas and nays, provided forty members so require. No member shall be allowed to vote who enters the Convention after the vote is declared. The names of the members shall be called in alphabetical order. READINGS AND ENGROSSMENT. 50. Every proposal to amend the Constitution shall be read in Convention on three several days and be referred to and reported upon by the committee on Form and Phraseology before it is engrossed. 51. Proposals to amend the Constitution shall be read by their titles only, unless the full reading is requested. 52. Proposals to amend the Constitution shall be engrossed under the direction of the President. 53. After a proposal to amend the Constitution has been en- grossed it shall not be amended. The question shall be on sub- mitting the same to the people. ELECTIONS. 54. In all elections a time shall be designated therefor at least one day previous thereto, except in cases arising under Rule 8. COUNSEL AND AGENTS. 55. The provisions of Chapter 3 of the Revised Laws, and acts in amendment thereof, relating to legislative counsel and agents, shall apply to counsel and agents in all matters con- nected with the Convention. The Sergeant-at-Arms shall have charge of the enforcement of this rule, under the direction of the President. 896 APPENDIX. SUSPENSION, AMENDMENT AND REPEAL. 56. No rule or standing order of the Convention shall be dis- pensed with, altered or repealed, except by vote of two-thirds of the members present; but this rule, and Rules 22, 28, 37, 42 and 48, shall not be dispensed with except by unanimous consent; and Rule 35 shall not be suspended until the motion to suspend has been referred to and reported upon by the committee on Rules and Procedure. [Amended June 12, 1918, see page 619.] APPENDIX. 897 FINAL LIST OF COMMITTEES AND MONITORS OF THE CONVENTION. COMMITTEES OF THE CONVENTION. On Rules and Procedure. THE PRESIDENT. Messrs. LUCE, . WHIPPLE, . PARKER, WALSH, PlLLSBURY, . CURTIS, EDWIN U., MALONE, 1 . WALKER, POWERS, BOYNTON, . WILLIAMS, . HALL, . QUINCY, UNDERBILL, Ross, . WASHBURN, PELLETIER, . HlBBARD, GEORGE, 2 . of Waltham. of Brookline. of Lancaster, of Fitchburg. of WeUesley. of Boston, of Greenfield, of Brookline. of Newton, of Everett, of Brookline. of Taunton. of Boston, of Somerville. of New Bedford, of Worcester, of Boston, of Pittsfield. of Haverhill. On Contingent Expenses and Pay-Roll. Messrs. CURTIS, . of Revere. WONSON,* . of Gloucester. TWOMEY, . of Lawrence. NESTOR, . of Lowell. BIRD, 3 . . of Walpole. Messrs. LORING, BLACKMUR, . BARTLETT, . ELLIS, 4 McCORMACK, HOBBS, 2 On Form and Phraseology. of Beverly, of Quincy. of Newburyport. of Springfield, of Boston, of Worcester. * Clerk. i Died August 13, 1917. * Appointed September 20, 1917. 3 Appointed October 16, 1917. 4 Resigned from committee August 22, 1917. 898 APPENDIX. On Amendment and Codification of the Constitution. Messrs. HART, of Cambridge. WASHBURN, of Middleborough. RICHARDSON, of Newton. BOLSTER, of Boston. SULLIVAN, .of Lawrence. THOMPSON, of Haverhill. MclsAAC, . .of Boston. COOK, of Northampton. HORGAN,* of Boston. GARLAND, of Somerville. DORAN, of New Bedford. CROSSLEY, . . of Fall River. COUGHLAN, ....... of Boston. O'CONNOR, of Chicopee. CREED, . . of Boston. On Bill of Rights. Messrs. CURTIS, EDWIN U., of Boston. COOLIDGE, of Milton. LOMASNEY, of Boston. BARNES,* of Weymouth. ANDERSON, of Newton. PELLETIER, of Boston. DOE, . of Franklin. SULLIVAN, WILLIAM H., . . . .of Boston. SWIG, of Taunton. WALCOTT, . of Cambridge. STOEBER, of Adams. CHANDLER, of Somerville. WEBSTER, of Waltham. CALLAHAN, of Boston. MERRILL, . . . . . . .of Gloucester. On County and District Government. Messrs. JONES, of Melrose. KELIHER, . . . . . . .of Boston. HALE, of Haverhill. BALLANTYNE, of Boston. DERBYSHIRE, of Lawrence. LYMAN, of Easthampton. MANCOVITZ,* . . . . . .of Boston. DELANO, of Wareham. BOWEN, of Boston. DAVIS, . . . . . . . .of Cambridge. HOWARD, of Reading. CRAFTS, of Whately. HARRINGTON, of Fall River. LANE, of Dighton. KELLEY, THOMAS R., . . . .of Boston. * Clerk. APPENDIX. On Education. Messrs. WELLMAN, . WHEELER, . COOMBS,* WINSLOW, . BOYDEN, CUMMINGS, . LlNKE, . HALL, . Foss, . WHITTIER, . DONNELLY, . CHASE, . KELLY, LUKE L., PEIRCE, DALY, JOHN W., of Topsfield. of Concord. of Worcester. of Newton. of Deerfield. of North Brookfield. of West Springfield. of North Adams. of Springfield. of Winthrop. of Lawrence. of Lynn. of Boston. of Methuen. of Lowell. On Elections. Messrs. GEORGE, DEAN,* MOORE, PERRY, ...... WHITE, GREEN, RAY, . . ... DRISCOLL, TIMOTHY J., . PETERSON, of Haverhill. of Fall River. of Swampscott. of Boston. of North Brookfield. of Boston. of Sutton. of Boston. of Brockton. On the Executive. Messrs. QUINCY, ADAMS, BENTON, LUFKIN, DALE, . BOYER, FLYNN, MANSFIELD, GRANFIELD, RIEUTORD, BURRELL, GATES,* NUTTING, McKEON, LOVE, . of Boston, of Quincy. of Belmont. of Essex. of Watertown. of Lynn, of Maiden, of Boston, of Springfield, of Southbridge. of Medford. of Westborough. of Leominster. of Worcester, of Webster. Messrs. MALONE, ' LUCE, . CROSBY, GIDDINGS,* On the General Court. of Greenfield. of Waltham. of Arlington. of Great Barrington. * Clerk. i Died August 13, 1917. 900 APPENDIX. Messrs. KINNEY, TATMAN, GAYLORD, REIDY, . MORAN, MORRILL, FISHER, GARTLAND, QUINN, . SMITH, . MOYNIHAN, of Boston, of Worcester, of South Hadley. of Boston, of Fall River, of Haverhill. of Westford. of Boston, of Sharon, of Provincetown. of Boston. On Initiative and Referendum. CUMMINGS, . WALKER, . . . CHOATE, WHIPPLE, PARKER, . . POWERS, . . HALE,*. DRISCOLL, DENNIS D., LUMMUS, COLEMAN, . . I CHURCHILL, . . . YOUNGMAN, SHERBURNE, HARRIMAN, . BAILEY, On Judicial Procedure. of Fall River. of Brookline. of Southborough. of Brookline. of Lancaster. of Newton. of Boston. of Boston. of Lynn. of Boston. of Amherst. of Boston. of West Springfield. of New Bedford. of Newbury. Messrs. PILLSBURY, . HlBBARD, FRENCH, KENEFICK, . JOHNSON, ADAMS, COAKLEY, . HUTCHINGS, CLARK, HAMILTON, . MITCHELL, . BASSETT, MACMASTER, SMITH,* MURLEY, On the Judiciary. MORTON, WILLIAMS, . BURNS, MONTAGUE, DRESSER, . McANARNEY, MERRIAM, . CUSICK, of Wellesley. of Pittsfield. of Randolph, of Palmer, of Worcester, of Springfield, of Boston, of Dedham. of Wilmington, of Athol. of New Bedford, of Taunton. of Bridgewater. of Lynnfield. of Boston. of Fall River, of Brookline. of Pittsfield. of Boston, of Worcester, of Quincy. of Framingham. of Boston. Clerk. APPENDIX. 901 Messrs. WILSON, of Lowell. SULLIVAN, of Salem. STONEMAN,* of Boston. DAVIS, of Maiden. MAGUIKE, of Boston. SHEA, of Dalton. COSTELLO, . of Boston. On Labor. Messrs. LOWELL, of Newton. BOYNTON, of Everett. BROWN, of Brockton. SULLIVAN, WILLIAM J., . . . .of Boston. Ross, of New Bedford. SHATTUCK, of Worcester. BROWN, of Springfield. DONOVAN, of Lawrence. SHEA, of Cambridge. COLLIER, of Gardner. SKERRETT, . . of Worcester. TALBOT,* of Plymouth. SCIGLIANO, of Boston. THOMPSON, of North Attleborough. CHARBONNEAU, of Lowell. On the Liquor Traffic. Messrs. UNDERBILL, of Somerville. CLARK, .of Brockton. LANE, of Boston. HALL, of Orange. KNOTTS, of Somerville. BATES, of Boston. BARKER, of Fall River. KERR, of Maiden. BICKNELL, ofWeymouth. MORIARTY, of Boston. BERGENGREN, of Lynn. HARDING, of Whitman. MITCHELL, of Springfield. BRENNAN, JAMES H.,* . . . .of Boston. SULLIVAN, JOSEPH M., ' . . . .of Boston. On Military Affairs. BOUVE, ofHingham. MCCARTHY, of Marlborough. WHEELOCK, of Fitchburg. SHEEHAN, of Boston. MARSHALL,* of Worcester. WALKER, of New Bedford. BATCHELDER, of Salem. ADAMS, of Lowell. NEWHALL, of Stoneham. BRYANT, of Milton. BRODERICK, of Waltham. * Clerk. i Appointed July 10, 1917. 902 APPENDIX. Messrs. BEGLEY, of Holyoke. KENNY, of Boston. LEBOEUF, of Webster. DONOVAN, of Boston. On Municipal Government. Messrs. HALL, . .of Taunton. BANGS, ... . . ' . . .of Boston. LOGAN, of Worcester. BRYANT, of Milton. HAINES, of Medford. BRUCE, . . . . . . .of Everett. COOK, . of Fitchburg. COE, of Worcester. BAUER, of Lynn. BRINE, of Somerville. BARRETT, of Cambridge. BESSE, of Newburyport. CURTIS, CHARLES P., Jr.,* ... of Boston. HICKS, . of Fall River. MARTIN, of Boston. On Public Affairs. Messrs. ANDERSON, of Brookline. HOBBS,* . . . . . . .of Worcester. CLAPP, of Lexington. FROST, .of Lawrence. COOGAN, of Pittsfield. PARKER, of Boston. TURNER, of Fall River. MlCHELMAN, Of Boston. FRASER, . . . . . . .of Lynn. LOOK, . of Tisbury. BROOKS, . . . . . . .of Worcester. BRENNAN, JAMES J., . . . . . of Boston. BUTLER, . of Brockton. ROBINSON, of Sturbridge. McLAUD, . . . . . . .of Greenfield. On Social Insurance. WASHBURN, of Worcester AVERY, . . . . . . .of Holyoke. GLEASON, of Andover. BODFISH, of Barnstable. SAUNDERS, . of Clinton. O'CoNNELL, , of Salem. CARR, of Hopkinton. WOOD, of Cambridge. FARNSWORTH, .of Leominster. MYRON, of Boston. SWEENEY, . . . . . . . ofAttleboro. BIGNEY,* of Boston. THOMPSON, . .of Beverly. DONOVAN, of Springfield. BOUCHER, . . ... . . . of New Bedford. * Clerk. APPENDIX. 903 On Social Welfare. Messrs. BRACKETT, l KELLEY, BULLOCK, KILBON, GLAZIER, FLAHERTY, . WEEKES,* . DELANEY, . LARSON, SWEET, . SPARRELL, . BUCK, . DAY, . MURPHY, DALEY, PETER, of Arlington, of Rockland. of New Bedford, of Springfield, of Hudson, of Boston, of Harwich, of Holyoke. of Worcester, of Attleboro. of Norwell. of Billerica. of Winchendon. of Chelsea, of Lowell. On State Administration. Messrs. WALSH, CURTISS, BALCH, . BAILEY, 2 BOSWORTH, . WlLLETT, WATERMAN, DUTCH, WHITEHEAD, LANGELIER,* ROBBINS, STEARNS, CRAVEN, GREENWOOD, MAHONEY of Fitchburg. of Hingham. of Boston, of Somerville. of Springfield, of Norwood, of Williamstown. of Winchester, of Fall River, of Quincy. of Chelmsford. of Cambridge, of Boston, of Lowell, of Boston. On State Finance. Messrs. PARKMAN, . FERREY, LOWE, . CODMAN, COLLINS, DELLINGER, DOUGLASS, . THELLER, MCCAFFREY,* LEONARD, O'CONNELL, HOITT, . GRAUMANN, PUTNAM, FINN, . of Boston, of Pittsfield. of Fitchburg. of Brookline. of Amesbury. of Wakefield. of Boston, of New Bedford, of Boston, of Boston, of Lowell, of Lynn, of Boston, of Westfield. of Chelsea. * Clerk. i Died April 6, 1918. Died February 15, 1918. 904 APPENDIX. On Suffrage. Messrs. NEWTON, of Everett. KNEIL, of Westfield. BENNETT, of Saugus. BUTTRICK, . of Lancaster. BARNES, of Mansfield. WEBSTER, . . . . . . .of Haverhill. SAWYER, of Ware. AYLWARD, . of Cambridge. FERRY, of Northbridge. COONEY, of Peabody. MARTIN, of Holyoke. CORRIGAN, of Natick. HAWLEY,* of Maiden. GALLAGHER, of Boston. WING, of Dartmouth. On Taxation. Messrs. Cox, ........ of Boston. TREFRY, . of Marblehead. ADAMS, . . . . . . . of Concord. FEIKER, of Northampton. O'CoNNELL, of Boston. LYNCH, of Milford. CREAMER, .of Lynn. GOOD, of Cambridge. FLYE, of Holbrook. TILTON,* of Springfield. FITZ-RANDOLPH, of Nantucket. SHANAHAN, ....... of Somerville. DONOGHUE, of Boston. SHAW, of Revere. RICHARDSON, l . . . . . . of Ayer. MONITORS. First Division. Messrs. JOHNSON, of Worcester. CREED, .' of Boston. Second Division. Messrs. BAILEY, of Newbury. MORAN, of Fall River. Third Division. Messrs. YOUNGMAN, of Boston. MCANARNEY, of Quincy. Fourth Division. Messrs. LOWE, . . . . . . . .of Fitchburg. COLEMAN, . . of Boston. * Clerk. i Died January 4, 1919. APPENDIX. SPECIAL COMMITTEES. To wait upon the Italian War Mission (June 25, 1917). Messrs. WASHBUKN, of Worcester. MORTON, of Fall River. WHITE, of North Brookfield. SCIGLIANO, of Boston. CURTIS, of Revere. MlCHELMAN, Of Boston. BOSWORTH, of Springfield. LUFKIN, of Essex. CHANDLER, of Someryille. SHEA, of Cambridge. WASHBURN, of Middleborough. 905 To wait upon the Extraordinary Mission of the Belgian Nation (August 3, 1917). Messrs. POWERS, LOWE, . CROSBY, FITZ-RANDOLPH, COLEMAN, . BANGS, . FERREY, STONEMAN, . WING, . HARRINGTON, LOWELL, of Newton, of Fitchburg. of Arlington, of Nantucket. of Boston, of Boston, of Pittsfield. of Boston, of Dartmouth, of Fall River, of Newton. To attend the Funeral of the Late Honorable Dana Malone of Greenfield (August 15, 1917). Messrs. PARKER, WALSH, HlBBARD, FRENCH, PlLLSBURY, . BOYNTON, . LUCE, . KENEFICK, . Cox, . HUTCHINGS, FERREY, CLAPP, . GIDDINGS, . HALL, . FEIKER, KINNEY, BOYDEN, GLEASON, McLAUD, THE PRESIDENT. of Lancaster. of Fitchburg. of Pittsfield. of Randolph. of Wellesley. of Everett. of Waltham. of Palmer. of Boston. of Dedham. of Pittsfield. of Lexington. of Great Barrington. of Orange. of Northampton. of Boston. of Deerfield. of Andover. of Greenfield. 906 APPENDIX. To wait upon the Russian Mission (August 21, 1917). Messrs. HALL, of Taimton. THOMPSON, . of Haverhill. TURNER, BAILEY, TILTON, BAUER, BROWN, BURNS, MONTAGUE, SWIG, . DONOGHUE, of Fall River, of Somerville. of Springfield, of Lynn, of Brockton, of Pittsfield. of Boston, of Taunton. of Boston. To wait upon the Imperial Japanese War Mission (September 18, 1917). Messrs. LUMMUS, BOUCHER, COOMBS, WONSON, BAILEY, GOOD, . SMITH, . FLYE, . MAGUIRE, BRYANT, WEEKES, of Lynn, of New Bedford, of Worcester, of Gloucester, of Newbury. of Cambridge, of Provincetown. of Holbrook. of Boston, of Milton, of Harwich. To invite the Governor of the Commonwealth and the Governor of the Federal Reserve Bank to address the Convention with Reference to the Second Liberty Loan (October 18, 1917). Messrs. MERRIAM, . ADAMS, AYLWARD, . BOYER, LANE, . WHITTIER, . SHEA, . WALKER, LOOK, . MlCHELMAN, DALY, JOHN W., of Framingham. of Springfield, of Cambridge, of Lynn. of Boston, of Winthrop. of Dalton. of New Bedford, of Tisbury. of Boston, of Lowell. Recess Committee charged with the Duty of making Certain that the World War had revealed no Constitutional Problems not already before the Convention (June 12, 1918). THE PRESIDENT. Messrs. ADAMS, LUCE, . PlLLSBURY 5 . MORTON, of Quincy. of Waltham. of Wellesley. of Fall River. APPENDIX. 907 Messrs. QUINCY, of Boston. WILLETT, of Norwood. LOMASNEY, of Boston. CHURCHILL, of Amherst. HARRIMAN, of New Bedford. WASHBURN, of Middleborough. DEAN, of Fall River. CURTIS, EDWIN U., of Boston. To draft a Resolution of Sympathy with Colonel and Mrs. The- odore Roosevelt in the Death of their Son, Lieutenant Quentin Roosevelt (July 18, 1918). Messrs. WASHBURN, of Worcester. PARKER, of Lancaster. QUINCY, of Boston. ADAMS, of Quincy. HART, of Cambridge. To arrange for Reunions of Members of the Convention (August 21, 1918, and August 13, 1919). Messrs. ANDERSON, . . . . . . .of Newton. POWERS, of Newton. SULLIVAN, of Salem. BASSETT, of Taunton. TILTON, of Springfield. To invite His Excellency Samuel W. McCall and the Honorable Council to attend the Convention before its Adjournment (August 21, 1918). Messrs. CURTIS, EDWIN U., . . . . .of Boston. BANGS, of Boston. COOMBS, COOK, . WALKER, TURNER, WHEELER, LOOK, . BROOKS, DALE, . SHEA, . of Worcester. of Fitchburg. of New Bedford, of Fall River, of Concord, of Tisbury. of Worcester, of Watertown. of Dalton. To consider the Communication from the Governor transmitting a Report of the Commission appointed to compile Information and Data for the Use of the Convention (August 21, 1918). Messrs. LUCE, of Waltham. SHERBURNE, of West Springfield. KERR, of Maiden. 908 APPENDIX. On Rearrangement of the Constitution (August 21, 1918). MORTON, PlLLSBURY, . WALKER, LORING, PARKER, HART, . WASHBURN, CUMMINGS, . FRENCH, HlBBARD, BOLSTER, CREED, JONES, . SWIG, . DRESSER, . RICHARDSON, FROST, . GARLAND, . THE PRESIDENT. of Fall River, of Wellesley. of Brookline. of Beverly, of Lancaster, of Cambridge, of Middleborough. of Fall River, of Randolph, of Pittsfield. of Boston, of Boston, of Melrose. of Taunton. of Worcester, of Newton, of Lawrence, of Somerville. Subcommittee of the Committee on Rearrangement of the Con- stitution to correct Clerical and Typographical Errors and establish the Text of the Rearrangement of the Constitution (August 13, 1919). MORTON, PlLLSBURY, . LORING, PARKER, HART, . of Fall River, of Wellesley. of Beverly, of Lancaster, of Cambridge. INDEX. INDEX. [Names of members of the Convention are in capitals.] A. Absence, leave of. See "Leave of Absence, Committee on." For school teachers. See "Public Schools." Of members of the Convention, 87, 110, 117, 133 (3), 149 (4), 155 (2), 160 (3), 181 (4), 191, 193, 196 (2), 200 (2), 202 (2), 204 (2), 207, 211, 244, 273, 283 (2), 287, 292 (2), 303, 306 (4), 312, 330 (3), 334, 344 (2), 356, 367, 377 (2), 392 (2), 440, 453, 465, 494 (2), 505, 538 (special communication from Mr. Anderson of Brookline), 557 (2), 575 (2), 617 (2), 628 (4), 635 (7), 642 (5), 648 (2), 658, 664 (8), 668, 673, 678 (3), 687 (3), 691 (2), 694 (4), 700, 705 (3), 708 (2), 713 (4), 717, 720 (5), 726 (2), 743, 749 (2), 760, 764 (3), 791 (3), 797 (2), 806, 815, 859, 868 (3). Order (Walker of Brookline) providing that members absent in military or naval service be authorized to arrange to be paired on yea and nay votes, 193; committed, 196, 219; reported adversely, 223, 224; rejected, 232. Resolution (Parkman of Boston) extending best wishes to members leaving for the reserve officers' training camp (adopted), 193. Order (Feiker of Northampton) that members absenting themselves without, be required to make satisfaction therefor, 423, 428; withdrawn, 605. Absentee voting. See "Voters." Accident insurance. See "Insurance Companies;" "Pensions." Accused persons, removal of privilege of, to stand mute; statements by. See "Ju- dicial Procedure." Actions at law. See "Judicial Procedure." Acts and Resolves of the General Court. See "General Court;" "Governor." ADAMS, BROOKS (of Quincy). Vote received by, for President, 19; committees, 44, 615, 713; resolutions, 47, 53, 70, 673; motions, 218, 269, 369, 379, 519, 538, 605, 668, 673, 678; amendments, 259, 269, 692, 780, 782, 790 (2). ADAMS, CHARLES FRANCIS (of Concord). Committee, 44; report, 100; dissents, 104, 115; presides, 688. ADAMS, SCOTT (of Springfield). Committees, 45, 357; resolution, 807; motions, 191, 538, 807, 815, 816, 868; amendments, 121, 516, 520 (2), 625. ADAMS, SMITH J. (of Lowell). Committee, 45; motion, 764; leave of absence, 717. Address to the people (reported by the committee on Rules and Procedure) rela- tive to the three amendments to be submitted at the 1917 state election, 377, 393; rejected, 501. Administrators and executors. Resolution providing for a supervisor or commis- sioner of, 71; reported adversely, 97; rejected, 638. Advertisements. Resolution to provide for the regulation of, in public places, 54; reported adversely, 119, 653, 663; rejection negatived, 666, 747 (second reading), 793 (third reading), 797; submitted to the people, 812, 824, 847. Aged and needy persons. See "Pensions;" "Taxation." Agricultural development. See "Land, Taking of;" "Taxation." 912 INDEX. Agricultural organizations. Petition of the State Board of Agriculture requesting that, be exempted from the amendment of the Constitution prohibiting the support of certain institutions from public funds (placed on file), 193. Alcoholic liquors. See "Intoxicating Liquors." Alien residents. See "Taxation;" "Voters." Amendment and Codification of the Constitution, committee on. Authorized, 25; appointed, 45; references, 28, 48, 49, 50, 58, 68, 108, 170, 273, 281, 303, 602, 726, 772, 861; sittings, 330; time extended, 87, 117, 133, 155, 170, 181, 196, 205, 218, 244, 266, 283, 306, 334, 367, 400, 427, 465, 503; reports, 81, 83, 89 (4), 307, 315, 321, 332, 336, 344, 377, 393 (2), 501, 606, 755, 798, 807, 816, 822 (16), 838, 841 (3), 866. Amendments of the Constitution. See "Constitution, Amendments of the." ANDERSON, FREDERICK L. (of Newton). Committees, 43, 837; resolution, 58; petitions, 58, 68; reports, 91, 869; dissents, 89 (2), 92; motions, 89, 120, 223, 246, 303, 325, 660, 687, 747, 815, 837; amendments, 168, 172, 185, 238 (2), 247, 248 (2), 291, 293, 296 (2), 325, 326, 364, 370, 622, 644. ANDERSON, GEORGE W. (of Brookline). Committee, 44; petition, 103; reports, 90 (5), 142, 160; dissents, 84; motions, 26, 113, 184, 201, 290, 328; amend- ments, 263, 268, 272, 284, 290; leave of absence, 306, 538 (special com- munication), 694. "Anti-aid" amendment. See "Public Funds." Antiquarian interest, taking of property of. See "Landmarks." Appropriation bills, vetoing of items in. See "Governor;" "State Finances." Appropriation of public money. See "Public Funds." Assessments, rates and taxes. See "Taxation." Associations and corporations. See "Milk Dealers;" "Privileges." Athletic contests. See "Lord's Day." Attorney-General. Appointment of district attorneys by the. See "District At- torneys." Proposed appointment of the. See "Governor;" "State Officers." Scrutiny of legislative bills by the. See "General Court." So much of the Resolution relative to the appointment of the, by the Governor and of the district attorneys by the (see "District Attorneys"), as relates to the appointment of the, 69, 127, 155; reported adversely, 732; re- jected, 768. Attorneys. See "County Officers;" "District Attorneys." Auditor of the Commonwealth, proposed appointment of. See "Council;" "State Administration;" "State Officers." AVERT, NATHAN P. (of Holyoke). Committee, 44; resolutions, 51 (3); report, 88; motions, 202, 273, 280 (2), 290, 292, 345 (2), 357, 761; amendments, 356, 358, 363, 693, 699, 730, 760, 761, 762, 764; presides, 688; leave of absence, 110, 642. AYLWARD, JAMES F. (of Cambridge). Committees, 43, 357; report, 85; motions, etc., 102, 204, 225, 326, 484, 641, 700, 845; amendment, 645. B. BAILEY, CHARLES O. (of Newbury). Monitor, 24; committees, 13, 26, 43, 239; resolutions, 61, 70, 71, 604, 845; dissents, US; motions, 843, 845; amend- ments, 437, 481; leave of absence, 708. BAILEY, J. WARREN (of Somerville). Committees, 44, 175; resolution, 51; petition, 103; report, 98; motion, 141; announcement of the death of, 615; resolu- tions adopted, 625. INDEX. 913 BALCH, FRANCIS N. (of Boston). Committee, 44; resolution, 708; motions, 31, 333, 501 (2), 708, 749, 793; amendments, 248, 259, 269, 319, 328, 382, 385, 607, 608, 666, 670, 725, 728, 745, 747, 748, 750. BALLANTYNE, JOHN (of Boston). Committee, 45; report, 93. Ballots, counting of. See "Elections." BANGS, FRANCIS R. (of Boston). Committees, 45, 149, 837; report, 115; dissents, 131; motion, 202; presides, 565. BARKER, WARREN S. (of Fall River). Committee, 44; motions, 664, 791. BARNES, CLARENCE A. (of Mansfield). Committee, 43; resolution, 50; dissents, 99 (2); motions, 7, 171. BARNES, GEORGE L. (of Weymouth). Committee, 43; reports, 88, 92; dissents, 89; motion, 181; leave of absence, 705. BARRETT, JAMES T. (of Cambridge). Committee, 45; resolutions, 70, 76 (2); motions, 644, 696, 817. BARTLETT, HORACE I. (of Newburyport). Committee, 46; resolutions, 58, 59, 61, 75; petitions, 103, 127; motions, 121, 636 (2), 733; amendments, 120, 121, 183 (2), 185 (2), 325 (2), 342, 511, 540; leave of absence, 133. BASSETT, EDMUND (of Taunton), Committees, 45, 837; resolution, 53; report, 82. BATCHELDER, ALBERT W. (of Salem). Committee, 45; motion, 520. BATES, JOHN L. (of Brookline). Elected President, 13 (yea and nay), 16 (roll call); addresses the Convention, 19, 57, 151, 177, 241, 357, 615, 627, 797, 806, 837, 845, 846, 870; committees, 21, 616, 845; resolutions, etc., 53, 54, 75, 791, 806; motion, 368; amendments, 364, 368, 369; appreciation, 844. BATES, SANFORD (of Boston). Committee, 44; resolutions, 72, 219; reports, 164 (2); motions, 26, 164 (2), 210, 213, 565; amendments, 129, 168, 185, 325 (2), 447, 513, 548, 782 (2), 804; presides, 164 (2). BAUER, RALPH S. (of Lynn). Committees, 45, 175; resolutions, 75, 77; motions, 286, 301, 666, 670. Beaches. See "Natural Resources." BEGLEY, JOHN S. (of Holyoke). Committees, 45, 837; resolution, 73; presides, 803. Belgian (War) Mission, reception of the, 149, 852. BENNETT, FRANK P. (of Saugus). Committee, 43; motions, 21, 25, 29, 80, 236, 310, 452, 453 (2), 537; amendments, 121, 378, 654; presides, 264. BENTON, EVERETT C. (of Belmont). Committee, 44; motions, 626, 650, 674, 694, 719, 867; leave of absence, 87, 720; presides, 716. BERGENGREN, ROY F. (of Lynn). Committees, 44, 837; resolution, 54; report, 97; leave of absence, 694; compensation, 868. BESSE, HAROLD A. (of Newburyport). Committee, 45; petition, 103; resolution, 746; report, 98; motions, 334, 345, 360, 364, 369, 370, 378, 501; leave of absence, 453. BICKNELL, WALLACE H. (of Weymouth). Committee, 44; resolutions, 68, 70. Biennial elections. Bulletin (ordered printed) on the history of the movement for, in Massachusetts, 79. Bulletin (ordered printed) relative to, and sessions of the Legislature, 368, 427. Resolution to provide for, of state officers, councillors and members of the General Court, 61; petitions in aid, 114, 791; reported adversely, 99, 699; rejection negatived, 700 (yea and nay), 765 (point of order), 766 (yea and nay on ordering to a third reading), 801 (third reading) (yea and nay on passing to be engrossed), 806 (remonstrance), 807, 808; submitted to the people, 820 (yea and nay), 835, 850. Resolution providing for, of state officers, councillors and members of the General Court, and for biennial sessions of the General Court, 51; reported adversely, 99; rejected, 702. 914 INDEX. Biennial elections Concluded. So much of the Resolution providing for limited sessions of the General Court and, of members thereof as relates to, 59; reported adversely, 99; rejected, 679, 687. See "General Court." Biennial sessions. See "General Court." BIGNEY, ROBERT E. (of Boston). Committee, 44; resolution, 47; motion, 124; amendments, 259, 269. Bill boards. See "Advertisements." Order (Codman of Brookline) providing for printing a bulletin on the regula- tion of, 182; adopted, 194. Bill of Rights, committee on. Authorized, 24; appointed, 43; references, 47, 50, 53, 58, 69, 77, 733; reports, 83 (5), 84, 88, 91 (2), 92 (7), 785; statements of the chairman of the, ordered printed, 116, 191. BIRD, CHARLES S., Jr. (of Walpole). Qualified, 231; compensation, 280; commit- tee, 334; war service, 615. Birds and flowers. See "Natural Resources." BLACKMUR, PAUL R. (of Quincy). Committee, 46; report, 118; motions, 27, 63, 66, 112, 210, 211, 286, 644; amendments, 172, 185, 319, 327, 437, 476, 644, 739, 740, 742. Boards and commissions. See "Governor;" "State Administration." BODFISH, JOHN D. W. (of Barnstable). Special seat, 26; committee, 44; resolu- tions, 51 (3), 862; dissents, 91; motions, 91, 116, 122, 165, 661, 862; amend- ments, 660, 663, 721, 744, 747, 748, 750. BOLSTER, PERCY G. (of Boston). Committees, 45, 845; resolution, 50; dissents, 89 (2); report, 832; motion, 628. Bonds, issuing of. See "Loans;" "Milk Dealers;" "State Finances." Bonuses for deserving public employees. See "Public Employees." Boston and Maine Railroad rates to Camp Devens. See "Camp Devens." Boston City Club. Officials of the, extend to members of the Convention the privi- leges of their club house, 33, 658. BOSWORTH, HENRY H. (of Springfield). Committees, 44, 57; reports, 98 (2), 746 (2); motions, 648, 658; amendments, 404, 516, 565, 567; leave of absence, 815, 868. BOUCHER, JOSEPH ZOEL (of New Bedford). Committees, 44, 239; resolution, 60; motions, 181, 256, 306, 423, 557, 628, 635, 661, 691; amendment, 804 (2). BOUVE, WALTER L. (of Hingham). Committee, 45; reports, 90, 97 (3); motions, 165, 220, 702; amendments, 656 (2); presides, 702. Bouve, Lieutenant Walter L., Jr. (son of Delegate Bouve" of Hingham), granted admission to the floor of the Convention, 785. BOWEN, PATRICK (of Boston). Committee, 45. BOYDEN, FRANK L. (of Deerfield). Committees, 45, 170; question of privilege, 110; amendments, 167, 185; leave of absence, 344. BOYER, ELMER E. (of Lynn). Committees, 44, 357; report, 93; motions, 283, 465. BOYNTON, THOMAS J. (of Everett). Committees, 21, 43, 44, 170; resolutions, 47, 71; reports, 119, 194, 197 (2); dissents, 266; motions, 23, 197 (2); pre- sides, 197 (2), 747. BRACKETT, JOHN Q. A. (of Arlington). Special seat, 26; committees, 19, 44; resolu- tions, 54, 58, 59; reports, 91 (2), 119, 200, 201; dissents, 119 (2); motions, 114, 200 (2), 202, 320 (2), 326, 604; amendments, 260, 269, 557; presides, 200 (2); announcement of the death of, 615; resolutions adopted, 626. BRENNAN, JAMES H. (of Boston). Committee, 44; resolutions, 59 (2), 862; dissents, 90; motions, 148, 161, 172, 233, 688 (3), 762 (2), 806, 815, 862, 869 (3). BRENNAN, JAMES J. (of Boston). Committee, 44. Bridges, safe construction of. See "Labor." INDEX. 915 Bridgman, Frank E. (of Boston). Appointment of, as assistant secretary, 22, 28; compensation of, 108, 604, 732, 867. BRINE, HENRY C. (of Somerville). Committee, 45. BRODERICK, PATRICK S. (of Waltham). Committee, 45; motion, 694; amendment, 733, 737. BROOKS, GEORGE F. (of Worcester). Committees, 44, 837; petition, 103. BROWN, E. GERRY (of Brockton). Committees, 44, 175; resolutions, 69 (2), 72, 73, 77; dissents, 119; motions, etc., 25, 26, 31 (2), 66, 78, 86, 122, 144, 158, 195, 210, 231, 251, 325, 372, 378, 393, 401, 495, 562, 634, 654, 666, 669, 715, 789, 864; amendments, 509, 513, 562, 595, 660, 661, 662, 663, 674, 717, 719. BROWN, SAMUEL F. (of Springfield). Committee, 44; dissents, 118; motion, 292; leave of absence, 538. BRUCE, CHARLES (of Everett). Committee, 45; petition, 103; leave of absence, 635. Bryan, Hon. William Jennings. See "Initiative and Referendum." BRYANT, LINCOLN (of Milton). Committees, 45, 78, 239; resolution, 73; petitions, 103, 114; report, 84; motions, 139, 142, 167, 232, 245, 246, 290, 658, 757; amendments, 168, 183, 185, 247, 311, 337, 342, 404, 744, 751, 754. BUCK, MAURICE A. (of Billerica). Committee, 44. Buckley, Charles (of Billerica), introduced to the Convention, 797. Budget, executive. See "State Finances." Buildings. See "Labor." Resolution relative to the power of the General Court to regulate smells, sights and sounds and the construction of, 71; 81; reported adversely, 119; Resolution (substituted) relative to the power of the General Court to limit, according to their use or construction to specified districts of cities and towns, 670, 750 (second reading), 793 (third reading), 797; submitted to the people, 812, 832, 849. Bulletins of information, printing of, 46, 62, 79, 100, 182, 194, 223, 244, 280, 423, 427 (2), 636, 678. BULLOCK, WILLIAM J. (of New Bedford). Committee, 44; motions, 26, 48, 160, 360, 505, 628; leave of absence, 678; presides, 769-771. BURNS, WILLIAM A. (of Pittsfield). Committees, 45, 175; resolution, 68; reports, 84 (2), 95, 96; motions, 128, 868; amendment, 439, 495. BURRELL, FRED J. (of Medford). Committee, 44. Business and professions. See "Women." Business corporations. See "Taxation." Business enterprises by public authorities. See "Necessities of Life;" "Rights." BUTLER, A. WEBSTER (of Brockton). Committee, 44; resolution, 74; motions, 131, 630, 634. Butler, Hon. Nicholas Murray, President of Columbia University, addresses the Convention, 191. BUTTRICK, ALLAN G. (of Lancaster). Committee, 43; resolution, 59; reports, 85, 91; dissents, 99; motions, etc., 29, 56, 109, 143, 193 (2), 196, 204, 264, 267, 273, 275, 281, 292, 342, 355, 364, 369, 453, 596, 635, 642, 699, 713, 726, 794, 817, 840; amendments, 405, 757; presides, 677. C. CALLAHAN, TIMOTHY F. (of Boston). Committee, 43. Camp Devens. Resolution (Coughlan of Boston) favoring a reduction in the rate of fare on the Boston and Maine Railroad to and from (refused considera- tion), 501. 916 INDEX. Cancer, dependents of persons suffering from. See "Pensions." Candidates. Resolution relative to ascertaining the qualifications of, for offices to be voted for by the people [Governor to appoint a board of qualifications], 61; reported adversely, 85; rejected, 653. Capital punishment. Resolution relative to, 51; reported adversely, 84, 139, 140; rejected, 141. Order (Bodfish of Barnstable) providing for a special assignment of the fore- going resolution, 116, 117; amended and adopted, 122. Carey, James F., formerly of Haverhill. See "Initiative and Referendum." CARE, EDWARD (of Hopkinton). Committee, 44; resolutions, 48 (2), 70, 75 (2), 77; motions, 133, 233, 360, 361, 632, 633, 638, 744 (2); amendment, 318, 328. Casualty insurance companies, liability of. See "Insurance Companies." Causes, trial of. See "Judicial Procedure." Census. Resolution relative to the taking of the decennial, of the Commonwealth, 75; reported adversely, 691; rejected, 730, 733. Challenge of judge and jurors. See "Judicial Procedure." CHANDLER, LEONARD B. (of Somerville). Committees, 43, 57; petition, 103; motions, 33, 171, 253, 280, 401, 518 (2), 611, 632, 644, 649, 656, 669, 677, 682, 688, 693, 706, 710, 714, 727, 733, 744, 747, 751, 757, 778, 782, 792, 809; pre- sides, 751. Chaplains. Rev. Edward A. Horton (Chaplain of the Massachusetts Senate) and Rev. Daniel W. Waldron (Chaplain of the Massachusetts House of Repre- sentatives) nominated for the office of Chaplain of the Convention, 21. President authorized to invite to serve as, such persons as he may from time to time select, 21: Anderson, Robert P., of Boston, 167. Ball, Archey D., of Maiden, 538. Bates, Newton W., of Fairport Harbor, Ohio, 772. Beal, Francis L., of Cambridge, 743. Bridgman, Howard A., of Brookline, 465. Burnell, William P., of Mansfield, 673. Carroll, Marcus H., of Hanover, 700. Carter, Charles Francis, of Hartford, Conn., 713. Clark, Francis E., of Sagamore, 170. Conrad, Arcturus Z., of Boston, 160, 266. Davis, C. Harrison, of Winchester, 211. Drake, Paul Harris, of Boston, 791. Emrich, Frederick E., of Boston, 749. Farren, Merritt A., of Somerville, 193. Farwell, Parris T., of Newton, 165. Fraser, David, of Somerville, 87. Frothingham, Paul Revere, of Boston, 837. Geoghegan, William Bernard, of New Bedford, 399. Gifford, Orrin P., of Brookline, 627. Gilbert, William M., of Boston, 423. Hamilton, John W., of Washington, D. C., 169. Henry, Charles W., of Andover, 200. Howe, George M., of Groton, 705. Hudson, Adelbert L., of Quincy, 280. Hughes, Edwin H., of Boston, 53. Israeli, Phineas, of Boston, 117. Keedy, John L., of North Andover, 717. INDEX. 917 Kilbon, John L., of Springfield (member of the Convention), 33, 49, 110, 144, 149, 175, 191, 260, 283, 367, 453, 494, 519, 557, 635, 648, 653, 658, 678, 746. Kneeland, Martin D., of Winchester, 264. Knotts, J. Franklin, of Somerville (member of the Convention), 23, 133, 251, 785. Landers, Warren P., of Brockton, 122, 204, 218, 691, 857. Lawrence, William, of Boston, 7. Lutz, Harry, of Newton, 377. Marsh, Edward, of Boston, 306, 687. Martin, William J., of Fall River, 806. Meredith, Ernest S., of Watertown, 344. Merriam, George Ernest, of Fitchburg, 440. Murphy, Patrick Bowen, of Boston, 361. Nazarian, Arekel H., of Boston, 708. Nordell, Phillip A., of Brookline, 131. Odell, Willis P., of Brookline, 292. Parker, Fletcher D., of New Bedford, 604. Perrin, Willard T., of Newton, 505. Poling, Daniel A., of Newton, 196. Rankin, Harry P., of Boston, 412, 694. Roberts, Horace A., of Block Island, R. I., 781. Sawyer, Roland D., of Ware (member of the Convention), 28, 43, 127, 236, 356, 391, 503, 668, 726. Seaboyer, Benjamin G., of Chelsea, 184. Sherman, Walter J., of Winthrop, 755. Spencer, George H., of Boston, 202. Splaine, Michael J., of Boston, 287. Stroud, Arthur D., of Hudson, 239. Swift, Clarence F., of Fall River, 223. Tilton, Charles, of Framingham, 299. Vandermark, Wilson Ezra, of Cambridge, 205. Waldron, Daniel W., of Boston, 57. Walker, John J., of Newton, 207, 720. Walker, Louis A., of Middleborough, 575. Webster, Francis E., of Waltham (member of the Convention), 30, 67, 79, 103, 114, 141, 155, 214, 231, 312, 334, 427, 615, 642, 664, 732, 760, 764, 815, 863. Wilbur, Earl M., of Berkeley, Cal., 320. Williams, Horace Balke, of Lynn, 273. Wilson, Frederick A., of Andover, 797. CHARBONNEAU, HENRY V. (of Lowell). Committee, 44; amendment, 125. Charitable institutions. Petition of Susan E. Stevens accompanied by Resolution relative to the inspection of certain public and private, 75; report (leave to withdraw), 92; accepted, 630. Resolution (ordered printed) relative to the inspection and support of, 122. CHASE, MIAL W. (of Lynn). Committee, 45; motions, 67, 765, 799. Chasseurs-a-Pied ("Blue Devils") of France, reception of the, 627. CHOATE, CHARLES F., Jr. (of Southborough). Committee, 43; dissents, 118; leave of absence, 193. CHURCHILL, GEORGE B. (of Amherst). Committees, 43, 616; resolution, 61; re- port, 659; dissents, 118; motions, 166, 337, 371, 411, 442, 461, 478, 570, 593, 720; amendments, 343, 347, 348, 385, 405, 421, 425 (2), 437, 473 (2), 512, 526, 563, 582, 590, 759, 761 (2). Cities and towns, government of. See " Municipalities." Citizens. See "Homesteads;" "Voters." 918 INDEX. Citizenship, duties of. See "Education." Civil causes. See "Judicial Procedure." Civil service. See "State Administration." Resolution providing that appointments and promotions in the, shall be made because of merit and fitness ascertained through open competition, 75, 104; Resolution (reported) relative to the selection of employees for public service, 746, 784 (second reading) ; rejected, 789. CLAPP, ROBERT P. (of Lexington). Committees, 44, 170; dissents, 160; motions, 35, 125, 248, 260, 263, 269, 734, 840; amendments, 125, 259, 269, 284, 286, 290, 293, 296, 325, 326, 343, 347, 396, 510, 598, 631, 632, 649, 670 (2), 730, 733, 809 (2). CLARK, CHESTER W. (of Wilmington). Committee, 45; petition, 68; motions, 219, 224. CLARK, EZRA W. (of Brockton). Committee, 44; resolutions, 71, 72; petition, 103; motions, 206, 260, 790; amendments, 318, 327, 328, 757, 765 (2), 794, 805, 809. Class distinctions, abolition of. See "Public Officers." Clerks of courts. See "County Officers." COAKLEY, DANIEL H. (of Boston). Committee, 45; leave of absence, 678. Coal and wood, sale of, by municipalities. See "Necessities of Life." Codification of the Constitution. See "Constitution, Amendments of the." CODMAN, JAMES M., Jr. (of Brookline). Committee, 43; resolutions, 69 (2), 76; dissents, 131; motions, 182, 392. COE, S. HAMILTON (of Worcester). Committee, 45; petition, 103; reports, 97 (4), 98 (3); motion, 117; leave of absence, 149, 617, 664. Cold storage warehouses. See "Food;" "Necessities of Life." COLEMAN, GEORGE W. (of Boston). Monitor, 24; committees, 26, 43, 149; petition, 110; motions, 26, 198; leave of absence, 330, 687. Colleges and universities. See "Education." COLLIER, DAVID R. (of Gardner). Committee, 44; dissents, 118. COLLINS, SAMUEL I. (of Amesbury). Committee, 43; motions, 26, 207, 306, 320, 502; resolutions of sympathy, 746. Commissions and boards. See "Governor;" "State Administration." Commissions and committees (recess). See "General Court." Committee hearings. Bulletin and daily list of, 46; advertisement of, 49. Committees. See "Whole, Committee of the." Service on recess. See "General Court." Standing, authorized, 24; manner of appointing, 25; appointed, 43. Filling vacancies on, 66, 79, 260, 334. Proposed committee on, 25. Record of action of, 46; list of, 46, 624, 636. Extension of time for reports of, 87, 117, 170, 181, 196, 205, 218, 244, 266, 283, 306, 334, 367, 400, 427, 465, 503, 726. Avoidance of conflicting references to, 67. Reading of certain reports of, dispensed with, 89. Authorized to sit during sessions of the Convention, 114, 330, 440. Special, 13, 19, 26, 57, 149, 170, 175, 239, 357, 615, 713, 837 (3), 845 (2), 869. Order (Pillsbury of Wellesley) that the committee on Rules and Procedure consider the expediency of discharging the Committee of the Whole and of rearranging the remaining work of (adopted), 219, 224. President authorized to appoint such special, as may be necessary during the recess of the Convention, 575; and to serve as chairman of all such, 604. INDEX. 919 Report of the President on appointment of a committee "charged with the duty of making certain that the world war had revealed no constitutional prob- lems" not already before the Convention, 615; report of the committee, 659. See " Education." Commodities and merchandise. See "Necessities of Life." Compensation of members, officers and attendants. See "Constitutional Conven- tion." Compulsory insurance of employees. See "Pensions." Compulsory voting. See "Voters." Conduits, safe construction of. See "Labor." Conflicting committee references. See "Committees." Connecticut river. Resolution (accompanying the petition of Allen Webster and others) to authorize the expenditure of public funds for the improvement of the, in the State of Connecticut, 807, 816; placed on file, 840. Connolly, Timothy L. Communication from, requesting the appointment of a committee on Credentials and opportunity to protest against the holding of seats by certain members of the Convention, 53; report (no action neces- sary), 82; accepted, 102. nstitution. Printing of an adjusted text of the, 49. Codification of the. See "Constitution, Amendments of the." Constitution, amendments of the. See "Initiative and Referendum;" "State Constitutions;" "Supreme Judicial Court." Order (Brown of Brockton) providing for the separate submission to the people of, 25, 26, 28; amended (Quincy of Boston) and adopted, 29. Order (Hart of Cambridge) providing for the submission of a main constitution and separate, 42, 48, 83 (new draft), 101, 107 (recommitted), 755 (reported), 793 (rejected). Resolution relative to the method of amending the Constitution [majority vote in the House of Representatives], 57; Resolution relative to 'the future amendment and revision of the Constitution (in part), 58; Reso- lution relating to specific, 68; Resolution relative to, passed by the Gen- eral Court, 68; Resolution (reported) to provide for the proposal of future, by the General Court, 89; rejected, 725. Resolution relative to the form of, 68; Resolution relative to the form of, 68; Resolution (reported) providing for identifying, and inporporating them in the text thereof, 798, 811 (second reading); rejected, 820. Order (Hart of Cambridge) providing for printing a summary of proposed, which have been favorably reported by committees, 182; adopted, 195. Order (McCormack of Boston) relative to submitting to the people at the 1917 state election such, as shall be duly authorized, 211; committed, 217, 246; new draft reported (proposing the submission of amendments passed on or before October 1), 266; recommitted, 278; new draft (relating to absentee voting) reported, 281; recommitted, 292. [No report.] Order (Adams of Quincy) requesting the committee on Rules and Procedure to consider the advisability of submitting to the voters proposals adopted by October 1 and of determining the best method of expediting the remainder of the work of the Convention, 218. [No report.] Order (Garland of Somerville) relative to sending to voters information con- cerning proposed, 49: Report (inexpedient with respect to, for the 1917 election) accepted, 321. Order (reported) providing that a pamphlet containing the full text of the several, be mailed to each registered voter, 816; adopted, 841, 853 (Presi- dent's closing remarks). 920 INDEX. Constitution, amendments of the Concluded. Resolution to provide for the codification [by a commission appointed by the Governor] of the Constitution after amendment, 50; reported adversely and rejected, 838. Resolution relative to reconvening the Constitutional Convention for the purpose of codifying the Constitution, 50; Resolution relative to rearrange- ment [by the Chief Justice of the Supreme Judicial Court] of the Constitu- tion after the submission of proposed amendments to the people, 50; order relative to submitting to the people an amendment containing minor perfecting amendments not of a controversial nature, 170; order (re- ported) providing for a special committee on Rearrangement of the Consti- tution after submission to the people of proposed amendments, and pro- viding for a session of the Convention in 1919 to act on the report of said committee and to submit a rearranged constitution to the people, 807; adopted, 820. Resolution providing for future constitutional conventions, 57; Resolution relative to the future amendment and revision of the Constitution (in part), 58; Resolution to provide for future revisions and, 68; Resolution relative to the calling and holding of future constitutional conventions, 68; Resolution providing for the holding of a constitutional convention in the year 1942, 68; Resolution (reported) to provide for the calling and holding of future constitutional conventions, 89, 725 (second reading); rejected, 727 (yea and nay), 733. Communication from the Governor recommending an, providing for voting by absent soldiers and sailors (placed on file), 256. Order (Walsh of Fitchburg) relative to receiving on, the votes of those absent at Ayer and elsewhere in military or naval service, 266. [No report.] Order (Quincy of Boston) instructing the Secretary of the Convention to obtain lists of registered voters from the several cities and towns and to report the time necessary and the cost of printing and mailing information rela- tive to proposed, 267; report committed, 287. [No report.] Order (Washburn of Middleborough) relative to the manner in which proposals for, shall be submitted to the people at the 1917 state election, 273; adopted, 281: Order (reported) relative to the, providing for absentee voting, 308; adopted, 313. Order (reported) relative to the, prohibiting the appropriation of public funds for private educational and benevolent purposes, 316; amended and adopted, 323-326; printed, 336, 344, 393. Order (reported) relative to the, providing for the taking and distribution by the Commonwealth and its municipalities of the necessaries of life, 332; adopted, 333. Motion (Anderson of Newton) relative to placing on the ballot for the 1917 state election the, embodied in the Resolution relative to the support of certain institutions from public funds (committed), 303. [No report.] Order (Lowe of Fitchburg) providing for notifying the Secretary of the Com- monwealth as to the, to be put upon the ballot at the 1917 state election, 303, 306; amended and adopted, 307. Order (Brackett of Arlington) that all, be submitted to the people at a special election in April, 1918 (committed), 320. [No report.] Address to the people (reported by the committee on Rules and Procedure) relative to the, to be submitted at the 1917 state election, 377, 393; re- jected, 501. INDEX. 921 Motion (Walker of Brookline) relative to the manner in which the proposal for establishing the initiative and referendum shall be submitted to the people at the 1918 state election, 602; order reported, 606; amended and adopted, 608. Order (Quincy of Boston) requesting the committee on Form and Phraseology to report proposed, in such form as will not be inconsistent with certain provisions of the proposed, relative to the popular initiative and referendum, 653; committed, 659. [No report.] Order (Hart of Cambridge) providing for printing in the Calendar the text of pending, 668; rejected, 678. Order (Washburn of Middleborough) relative to the manner in which proposals for, shall be submitted to the people at the 1918 state election, 772 (adopted); orders (reported) providing for placing on the official ballot the following proposals : Relative to the public interest in natural resources, 823; adopted, 841. Relative to the regulation of advertising in public places, 824; adopted, 841. Relative to the preservation and maintenance of property of historical and antiquarian interest, 825; adopted, 841. Relative to adjournments of the General Court, 826; adopted, 841. Authorizing the General Court to prescribe the manner of the appointment and removal of military and naval officers, 826; adopted, 841. Defining the powers and duties of the General Court relative to the military and naval forces, 827; adopted, 841. Relative to succession in cases of vacancies in the offices of Governor and Lieutenant-Go vernor, 828; adopted, 841. Authorizing the Governor to return bills and resolves to the General Court with recommendations for amendment, 829; adopted, 841. Providing that women shall be eligible to appointment as notaries public, 830; adopted, 841. Relative to the retirement of judicial officers, 830; adopted, 841. Relative to the revocation or alteration of grants, franchises, privileges or immunities, 831; adopted, 841. Relative to the power of the General Court to limit buildings according to their use or construction to specified districts of cities and towns, 832; adopted, 841. Relative to compulsory voting at elections, 833; adopted, 841. Limiting the power of the General Court to lend the credit of the Common- wealth and to contract loans, 834; adopted, 841. Relative to a state budget and the veto by the Governor of items or parts of items in appropriation bills, 834; adopted, 841. Relative to biennial elections of state officers, councillors and members of the General Court, 835; adopted, 841. Relative to service on certain legislative recess committees and commissions (adopted), 842. Relative to the more efficient administration of the business of the Common- wealth (adopted), 843. Constitution, preamble of the. Resolution providing for an amendment of the, 50; reported adversely, 83, 111,112; rejected, 115. Petition of J. M. Foster accompanied by Resolution relative to the, 68; report (leave to withdraw), 83, 111, 113; accepted, 115. Constitution, rearrangement of the. See "Rearrangement of the Constitution, Special Committee on." 922 INDEX. Constitution, rearrangement of the Concluded. Rearrangement reported, 859; amended and adopted, 861; submitted to the people, 861, 866; correction of errors and establishment of text, 869. Constitution of the United States, amendment of the. Resolution to provide for the submission to the people of any, before action can be taken thereon by the General Court, 59; reported adversely, 96, 157, 158; rejected, 161. Constitutional Convention. See "Absence, Leave of;" "Boston City Club;" "Chaplains;" "Committees;" "Liberty Loan Bonds;" "Massachusetts Historical Society;" "Rules;" "Social Law Library." Contested claims for seats in the. See "Jennings, Patrick H.;" "Johnson, Jasper N.;" "Sullivan, Joseph M.". Roll calls of the. See "Quorum;" "Yeas and Nays." Act of the General Court authorizing the, 3. Called to order by the Governor, 7; roll-call of the, 7; members of the, qualified, 7, 23, 79, 231; list of qualified members of the, 8, 46. Election of a Secretary of the, 13. Election of a President of the, 13 (yeas and nays); remarks of the President of the, 19, 615, 846, 870. Reconvening of the, 615, 857. See "Constitution, Amendments of the." President authorized to appoint chaplains for the, 21. Election of a Sergeant-at-Arms of the, 21. See "Sergeant-at-Arms." Daily papers for the use of the, 22, 628. Assistant Secretary of the, appointed, 22, 28. Journal of the, ordered printed, 23. Clerical assistance for members of the, 23. Printing of the, 23, 34, 51, 55, 816, 840. Monitors of the, appointed, 24. Committees of the, appointed, 21, 24, 25, 43. See " Committees." Rules of the, 21, 24, 28, 31, 34-42 (adopted); amendments, 165 (2), 167, 171, 182, 196, 245, 428, 617-624, 629, 658, 679, 791, 800. Attendance of delegates of the, to be equivalent to court engagements. See "Courts." Freedom of the floor of the, granted to surviving members of the Convention of 1853, 23. Assignment of seats to members of the, 26. Suggested postponement (by Congressman Samuel E. Winslow) of the, 28. Stenographic reports of proceedings of the, 30, 494 (approval of bills), 648, 658, 673 (copies for newspapers). Ventilation of the chamber of the, 34. Bulletin and daily list of hearings before committees of the, 46. Pamphlet containing list of members, committees and rules of the, 46, 624, 636. Diagram of seats in the, 46. Advertisement of hearings by committees of the, 49. Documents ordered printed by the, 33, 46 (3), 62, 79 (2), 80, 100, 116, 118, 122, 160, 167, 182 (3), 195, 236, 334, 336, 344, 393, 426, 624, 636 (2), 665, 678, 815, 837, 839 (souvenir), 853 (President's closing remarks). Death of a member-elect of the, 66, 615. See "Russell, Walter F." Death of Delegate Dana Malone of Greenfield, 169, 615; resolutions adopted, 169; committee to attend the funeral, 170; communication from Mrs. Malone, 181; payment to the widow, 211. Death of Delegate J. Warren Bailey of Somerville, 615; resolutions adopted, 625. INDEX. 923 Death of Delegate John Q. A. Brackett of Arlington, 615; resolutions adopted, 626. Death of Delegate Edward A. Richardson of Ayer, 862; adjournment as a mark of respect, 862. Resolution of sympathy to Delegate George S. Parker, 219, 244. Resolution of sympathy to Delegate Herbert E. Cummings, 330, 367. Resolutions of sympathy to Delegate Samuel I. Collins, 746. Admission to the floor of the, granted to Corporal Slater Washburn, son of Delegate Washburn of Worcester, 781; to Lieutenant Walter L. Bouve*, Jr., son of Delegate Bouve* of Hingham, 785; to Captain Roy A. Daniels of Lawrence, 806. Mr. Charles Buckley of Billerica introduced to the, 797. Order (Good of Cambridge) relative to typewriting facilities for members of the, 67. [No report.l Order (reported by the committee on Rules and Procedure) providing for one thousand additional copies of the Manual for the, 245; adopted, 256. Order (Pillsbury of Wellesley) relative to protection of members of the, against negligence of spectators in the gallery (dropping of articles), 303 (adopted). Motion (Sullivan of Salem) that the committee on Rules take steps to protect the members of the, from such scandalous attacks as have appeared in the "Boston American" (indefinitely postponed), 424. Order (Leonard of Boston) instructing the Sergeant-at-Arms to impound the documents and other property of delegates during the recess of the, 575; amended and adopted, 604. Hour of meeting of the: eleven o'clock A.M., 7; ten o'clock A.M., 57; half-past ten o'clock A.M., 114; one o'clock P.M., 87; two o'clock .P.M., 23, 28, 30, 33, 49, 53, 67, 79, 103, 110; daily at half-past ten o'clock A.M., with recess from one to two, and adjournment from one o'clock on Fridays to Tuesday morning, 114; daily (except Monday and Saturday) at half -past ten o'clock A.M., with recess from one to two, and adjournment at half-past four o'clock, 625. Special votes on adjournment of the, 27, 29, 32, 52, 66, 87, 109, 112, 128, 131, 134 (yea and nay), 137 (yea and nay), 142, 147, 171, 172, 217, 219, 292, 298, 300 (yea and nay), 305, 311, 319, 326, 355, 368, 372, 452, 464, 502, 537, 557, 567, 610 (2), 626, 634 (2), 641, 693. Motions proposing evening sessions of the, 181, 184, 194, 197, 216, 447, 557. Order (Walker of Brookline) proposing daily adjournment at half -past four o'clock and Monday afternoon sessions, 181; committed, 184; reported adversely and withdrawn, 194. Order* (Finn of Chelsea) proposing morning, afternoon and evening sessions- daily, with adjournment from Friday noon to Tuesday, 181; committed > 184; reported adversely, 194; rejected, 197. Order (Avery of Holyoke) proposing adjournment of the, from October 26 (1917) to June 11 (1918), 273; committed, 280, 345; reported adversely, 356; amended and adopted (providing for adjournment after final action on the initiative and referendum), 357 (yea and nay), 360; reconsidered, 361 (yea and nay), 363, 368; amended (adjournment on November 23 or on such later date as final action shall be taken on the initiative and referendum) and adopted, 369. Order (Besse of Newburyport) providing for adjournment of the, until June, 1918, after final action on the initiative and referendum, 334; committed, 345; reported adversely, 360, 364; rejected, 369. 924 INDEX. Constitutional Convention Continued. Order (Feiker of Northampton) providing for adjournment from November 23 (1917) to December 4, 519; refused consideration, 539. Order (reported see "Constitution, Amendments of the") providing for the adjournment of the, to meet within twenty days after the prorogation of the General Court of 1919, 807; adopted, 820, 853. Adjournment of the, from June 6 to 11 (1917), 22; from June 14 to 19, 34; from June 21 to 25, 56; from June 26 to July 10, 67; from July 10 to 17, 85; from September 21 to 26, 256; from October 11 to 16, 306; from November 1 to 7, 426; on November 28 [to June 12, 1918], 611; from June 28 to July 9, 668, 674; from August 15 to 20, 814; on August 21 [to August 12, 1919], 853; sine die, 871. Recesses and proposed recesses of the, 114, 119, 123, 128, 139, 141, 157, 164, 165, 172, 180, 190, 192, 197, 200, 203, 206, 209, 211, 220, 225, 232, 246, 256, 260, 269, 277, 286, 290, 293, 307, 317, 326, 331, 339, 352, 357, 372, 383, 405, 418, 447, 478, 481, 509, 526, 545, 595, 599, 631, 639, 644, 650, 655, 661, 666, 670, 674, 681, 688, 693, 696, 702, 707, 715, 717 (allied victory along the Marne), 721, 730, 735, 744, 747, 751, 757, 761, 762, 768, 778, 782, 789, 793, 803, 811, 843. Method of procedure in the, 218, 629, 637, 648, 660, 706. See "Committees." Order (French of Randolph) providing for a daily roll-call of the, and a record of absentees, 136; rejected, 141. Order (Hart of Cambridge) requesting the committee on Rules and Procedure to report a rule limiting debate on all propositions, 205; committed, 209. [No report.] Order (Kenny of Boston) requesting the committee on Rules and Procedure to consider the expediency of printing a daily pamphlet of speeches (rejected), 216. Order (Sawyer of Ware) relative to limiting debate on each stage of the initiative and referendum, 236; committed, 245. [No report.] Motion (George of Haverhill) relative to placing on the ballot at the 1917 elec- tion the question of discharging the, from further duties, 320; negatived, 336. Order (Bosworth of Springfield) relative to the prompt printing of reports of debates on matters receiving favorable action, 648; rejected, 658. Order (Brown of Brockton) relative to filling the vacancy in the membership of the, from the Tenth Plymouth Representative District, 393; rejected, 401. Order (Harriman of New Bedford) that the committees on Elections and Rules and Procedure report as to the advisability of making provision for filling vacancies in the membership of the, 423; report (inadvisable)', 505, 602; accepted, 609. Recognition of members of the, in war service, 615, 843, 852. Resolution (Bailey of Newbury) recording the grateful recognition of the mem- bers of the, of the courageous loyalty of their fellow citizens under arms, and pledging anew unfaltering support to the just cause in which the nation has enlisted, 604. Order (adopted) directing the Secretary to make suitable record in the Journal of the Convention of members who served in the war with Germany, 863. Order (Curtis of Revere) providing for a souvenir of the, to be prepared from material gathered by Arthur M. Bridgman (amended and adopted), 839. Order (Anderson of Newton) for a special committee to arrange a reunion din- ner in 1919 (adopted), 837; committee appointed, 837; report accepted, 869. INDEX. 925 Order (Williams of Brookline) authorizing Delegate Luce of Waltham of the committee on Rules and Procedure to supervise the publication and dis- tribution of the records of the, 816; adopted, 840. Delegate Luce of Waltham authorized to supervise the publication and dis- tribution of the records of the, 840. Resolution (adopted) expressing the appreciation of the, for the highly impor- tant work done by Delegate Luce of Waltham editing the debates of the, 840. Resolutions (adopted) of appreciation of the services of the President of the, 844; of the Secretary, 845; of the Sergeant-at-Arms, 845. Adjournment of the, sine die, 871. Compensation of members and others: Order (adopted) fixing the compensation of members of the, 30. See "Treas- urer and Receiver-General." Order relative to the travelling expenses of members of the, 33. Order providing for a report relative to the manner in which compensation shall be paid to members of the, 49; report, 62; accepted, 77; supplementary report accepted, 87. Order (adopted) relative to the compensation of Delegate Charles S. Bird, Jr., 280. Order providing compensation for members and employees of the, for November, 1917, 335; committed, 345. [No report.] Order providing compensation for members and employees of the, for November, 1917, and a part of December (committed), 345. [No report.] Motion (Sullivan of Salem) instructing the committees on Rules and Procedure and Contingent Expenses and Pay-Roll to take steps to secure from the next General Court an additional appropriation for the expenses of the, 465; amended (providing for an inquiry and report) and adopted, 495; report (inadvisable), 505; accepted, 603. Orders (adopted) relative to the manner in which compensation shall be paid to members of the, for 1918, 628, 636, 673, 726. Orders (adopted) providing for the pay-roll of travelling expenses of members of the, for 1918, 636, 642. Order requesting the Treasurer and Receiver-General to accept waivers of salaries of absent members of the, and to dispose of sums so waived to the Red Cross or other designated charity, 781, 789; amended and adopted, 792. Order (adopted) relative to the compensation of members of the, for travelling expenses and attendance for the 1919 session, 862; report amended and accepted, 867. Orders (adopted) relative to granting compensation to certain absent members 868 (2). Order (adopted) instructing the committee on Contingent Expenses and Pay- Roll to determine the compensation of the secretaries and Sergeant-at- Arms and their assistants, 62; orders (reported and adopted) establishing compensations, 108, 111, 171. Order (adopted) allowing the Secretary and Assistant Secretary additional com- pensation, 604. Order (adopted) directing the committee on Contingent Expenses and Pay- Roil to determine the compensation of the secretaries and Sergeant-at- Arms and their assistants for 1918, 673; reports accepted, 705, 732, 743. Similar order for the session of 1919, 862; report amended and accepted, 867. 926 INDEX. Constitutional Convention Concluded. Compensation of members and others Concluded. Order (adopted) authorizing the committee on Contingent Expenses and Pay- Roll to provide for compensation for State House employees upon whom extra duties are imposed, 110; report (engineers, firemen, electricians, helpers, elevator men, oilers and steam fitters), 223; adopted, 231. Order (adopted) relative to compensating the State House porters and watch- men for extra services, 236; report (porters), 423; recommitted, 501; re- ported, 576; amended (including watchmen and scrubwomen) and adopted, 609; reconsidered, amended and adopted, 610, 611. Order (adopted) relative to granting the matron of the State House additional compensation, 427; report (no action necessary), 576; amended (granting $50 to the matron) and accepted, 610. Order (adopted) relative to compensating the elevator men in the State House for extra work in 1918, 708; report, 732; accepted, 743. Orders (adopted) relative to compensating employees in the engineer's depart- ment of the State House, 791; the carpenters and scrubwomen, 806; report accepted, 815. Order (adopted) relative to compensating the special state police officers assigned for duty in the State House, 815; report (inexpedient) accepted, 838. Constitutional Convention, commission appointed to compile information and data for the use of the. Communication from the Governor transmitting a summary of the work of the, 42. Publications of the, for other states, 46. Bulletins of the, 62, 79 (2), 182 (2), 194 (2), 223, 244, 280, 423, 427 (2), 636, 665, 837. Communication from the Governor transmitting final report of the, 815 (com- mitted) ; order of appreciation reported and adopted, 838. Constitutional conventions (future). See "Constitution, Amendments of the." Constitutionality of statutes. See "Courts." Construction of buildings, subways, tunnels, conduits, dams, bridges, etc. See "Buildings;" "Labor." Contempt cases. See "Judicial Procedure." Contested election cases, 12, 46, 47, 53. See "Connolly, Timothy L.;" "Jennings, Patrick H.;" "Johnson, Jasper N.;" "Sullivan, Joseph M." Contingent Expenses and Pay-Roll, committee on. Authorized, 25; appointed, 46, 334; references, 30, 49, 62, 67, 110, 136, 236, 335, 345 (2), 427, 465, 495, 501, 628, 636, 673, 708, 791, 806 (2), 815, 862; reports, 62, 77, 87, 108, 171, 191, 223, 423, 505, 576 (2), 603, 609, 635, 642, 732, 743, 815, 838, 867. Control, board of. See "State Administration." Convention of 1853. Surviving members of the, granted the privilege of the floor, 23. COOGAN, CLEMENT F. (of Pittsfield). Committee, 44. COOK, BENJAMIN A. (of Fitchburg). Committees, 45, 837; motion, 760. COOK, RUFUS H. (of Northampton). Committee, 45; report, 842; motion, 495. Coolidge, His Honor Calvin, 7. See "Lieutenant-Governor." COOLIDGE, Louis A. (of Milton). Committee, 43; dissents, 89; motions, 164, 182, 256, 270, 273, 642; amendments, 285, 290; leave of absence, 287, 658; presides, 285. COOMBS, ZELOTES W. (of Worcester). Committees, 45, 239, 837; reports, 89, 93; motions, 215, 617, 664. COONEY, CHARLES P. (of Peabody). Committee, 43; report, 85. Corporations. See "Milk Dealers;" "Privileges;" "Taxation." INDEX. 927 CORRIGAN, ROBERT S. (of Natick). Committee, 43; report, 85; dissents, 98, 99; motion, 664. Corrupt practices in elections. See "Elections." COSTELLO, FRANCIS M. (of Boston). Committee, 45; reports, 95, 96; motions, 687, 726; amendment, 325, 326. Costs, payment of. See "Judicial Procedure." COUGHLAN, WILLIAM J. (of Boston). Committee, 45; resolution, 501; report, 824; motion, 502; leave of absence, 691. Council (Executive), 7. See "Biennial Elections;" "General Court;" ."Governor;" "Pardons;" "Supreme Judicial Court." Resolution relative to the appointment of Councillors by the Governor, 47; reported adversely, 93; rejected, 692. Resolution relative to giving the, the powers and duties of county commis- sioners, 50; reported adversely, 92; rejected, 638. Resolution to provide for efficient government through co-ordination of the various departments [in a, to consist of the .Lieutenant-Governor, Treas- urer and Receiver-General, Secretary of the Commonwealth, Auditor of the Commonwealth and heads of departments], 61; reported adversely, 798; rejected, 808. Resolution providing for the abolition of the, 70, 88; reported adversely, 732; rejected, 768. Resolution providing for the abolition of the, and the transfer of its powers and duties to the Senate, 70, 88; reported adversely, 732; rejected, 768. Resolution to provide for the abolition of the, 70, 88; reported adversely, 733; rejected, 768. Resolution relative to the passing by the, of statutory orders relating to local, special or private matters, 746; rejected, 792. See "State Administra- tion." Counsel for certain defendants. See "Public Defender." County and District Government, committee on. Authorized, 24; appointed, 45; references, 50, 58, 68, 69, 89, 133; time extended, 87, 133; reports, 92 (2), 93 (4), 115, 144. County commissioners. Duties of. See "Council." Resolution relative to abolishing the office of, 69; reported adversely, 93; rejected, 644. Resolution relative to the abolition of the office of, 69; reported adversely, 93; accepted, 638. County officers. See "Public Officers." Resolution relative to the manner of choice [appointment by the Governor] of district attorneys, clerks of courts, registers of probate and sheriffs, 58; reported adversely, 93; rejected, 654. Resolution relative to appointment by the Governor of certain, 69; reported adversely, 93; rejected, 638. County ownership of public utilities. See "Public Ownership." Courts. See "Judicial Procedure; " "Police Power." Resolution limiting the power of the, to declare statutes to be unconstitutional, 53; reported adversely, 84, 132 (2), 139 (2), 140 (2), 141, 142 (2), 143; rejected, 144 (yea and nay). Resolution to prohibit the judiciary from nullifying or suspending laws, 60; reported adversely, 96, 142, 143; rejected, 147. Resolution enlarging the power of a minority of the Supreme Judicial Court in construing the constitutionality of law, 72; reported adversely, 96, 142, 143; rejected, 147. 928 INDEX. Courts Concluded. Order (Kenny of Boston) requesting the, to make the attendance of delegates at the Convention equivalent to a court engagement (adopted), 287; favor- able responses, 312 (Superior Court), 357 (Supreme Judicial Court), 400 (Municipal Court of the City of Boston). Courts, clerks of. Appointment of. See "County Officers." Resolution relative to the selection of, by the justices thereof, 72; reported adversely, 96; rejected, 660. Courts martial. See "Military Affairs." Cox, GUY W. (of Boston). Committees, 44, 170; reports, 100, 104; dissents, 104, 115; motions, 275, 292, 664, 667 (2); leave of absence, 292; presides, 644, 801. CRAFTS, LYMAN A. (of Whately). Committee, 45; report, 115; motion, 311. CRAVEN, JOHN H. (of Boston). Committee, 45; resolution, 72. Cream and milk, prompt payments to producers of. See "Milk Dealers." CREAMER, WALTER H. (of Lynn). Committees, 13, 44; resolutions, 53, 54 (2), 60 (2), 62, 77; reports, 99, 104; dissents, 100; motions, 7, 35, 134, 137, 140, 142, 260, 303 (2), 306, 355, 385, 387, 390, 393, 408, 410, 620, 622 (3), 656, 752, 754, 755, 868; amendments, 142, 143, 649, 750, 751 (2), 752; presides, 721-725. Credentials, (proposed) committee on. See "Connolly, Timothy L." Credit (public). See "Loans;" "State Finances." CREED, JAMES F. (of Boston). Monitor, 24; committees, 26, 45, 845; resolution, 76; dissents, 83, 89; report, 825; motions, 244, 306, 317, 494, 715, 731, 745, 749, 766, 772, 805, 812; amendment, 792; presides, 657. Criminal causes. See "Judicial Procedure." CROSBY, J. Ho WELL (of Arlington). Committees, 43, 149; resolution, 626; reports, 84, 93 (2); motions, 160, 207, 575, 626, 859; leave of absence, 628. CROSSLEF, WILLIAM CYRIL (of Fall River). Committee, 45; report, 829; leave of absence, 664. CUMMINGS, HERBERT E. (of North Brookfield). Committee, 45; leave of absence, 204; resolution of sympathy for, 330, 367. CUMMINGS, JOHN W. (of Fall River). Votes received by, for President, 19; com- mittees, 43, 845; report, 278; motions, etc., 181, 185, 278, 523, 845; amend- ments, 226, 278, 283, 286, 290, 296, 374, 376, 511, 523; leave of absence, 306; presides, 278. CURTIS, ARTHUR B. (of Revere). Committees, 46, 57; petition, 103; reports, 62, 87, 108, 642, 705, 815, 838, 867; motions, 49, 62, 67, 87, 235, 501, 575, 628, 636, 673 (2), 686, 726, 768, 781, 789, 792 (2), 804, 839, 862, 868; amend- ments, 227, 509, 585, 743, 839; leave of absence, 283; presides, 710-712. CURTIS, CHARLES P., Jr. (of Boston). Committee, 45; resolution, 71; reports, 81, 82; dissents, 131; leave of absence, 202; presides, 307; war service, 615. CURTIS, EDWIN U. (of Boston). Committees, 21, 43 (2), 616, 837; resolution, 68; reports, 89, 156 (2), 157 (3), 224, 236, 244, 344, 837; dissents, 89, 659; motions, 21, 32, 42, 49, 78, 80, 112, 120, 121, 156, 157, 164, 172, 196, 246, 248, 256, 263, 280, 292, 296, 303, 326 (2), 336, 357, 447, 502, 575, 658, 705, 709 (2), 717, 720, 771, 804, 837; amendments, 120, 121, 168, 172, 185, 263, 269 (2), 270, 282, 290, 325, 326, 511, 529 (2), 644; statements ordered printed,. 173, 188; presides, 156, 157, 680. CURTISS, ELMER L. (of Hingham). Committee, 44; resolution, 75; report, 746; motion, 785; amendment, 789, 790; leave of absence, 200. CUSICK, JOHN F. (of Boston). Committee, 45; reports, 95, 96 (3); motions, 155, 203; amendment, 318, 328. INDEX. 929 D. DALE, GEORGE H. (of Watertown). Committees, 44, 837; report, 93; motion, 205. DALEY, PETER (of Lowell). Committee, 44. DALY, JOHN W. (of Lowell). Committees, 45, 357; motion, 662; leave of absence, 764. Dams, safe construction of. See "Labor." Daniels, Captain Roy A., of Lawrence, granted admission to the floor of the Con- vention, 806. DAVIS, ELBRIDGE G. (of Maiden). Committee, 45; motion, 26; reports, 95, 97. DAVIS, WILLIAM R. (of Cambridge). Committee, 45; motions, 181, 201, 373. DAY, CHARLES M. (of Winchendon). Committee, 44; resolution, 59; petition, 114; motion, 393; leave of absence, 628. DEAN, ROBERT A. (of Fall River). Committees, 45, 616; resolution, 68; reports, 63, 88; dissents, 505; motion, 330; amendments, 253, 602, 609. Death benefits. "Pensions;" "Russell, Walter F." Debate, limit of, 29, 172, 183, 202, 205 (3), 224, 236, 260, 263, 264, 269, 273, 291, 303, 310, 325 (2), 337, 357, 401, 408, 410, 428, 435, 442, 506, 517, 523. See "Rules." Debates of the Convention, relative to printing and distributing the, 52, 160, 167, 648, 658, 673, 816, 840. Debt of the Commonwealth. See "State Finances." Debtors, imprisonment of. See "Poor Debtors." Decennial census, taking of. See "Census." Defendants, counsel for certain. See "Public. Defender." DELANEY, Louis F. (of Holyoke). Committee, 44; resolutions, 60 (2), 69, 72, 76, 77; dissents, 182; motions, 278, 307, 356, 495. DELANO, ROBERT T. (of Wareham). Special seat, 26; committee, 45. Delegates to the Convention (see "Constitutional Convention"): At large, 8. See "Jennings, Patrick H." From Congressional districts, 8. From Representative districts, 9-12. DELLINGER, RAYMOND P. (of Wakefield). Committee, 43; resolution, 76; report, 88; dissents, 91, 131; motion, 693; amendments, 198, 233 (2), 692, 699, 759, 761, 765 (2); leave of absence, 749. Denominational institutions, support of: See "Public Funds." Departments of the Commoriwealth. See "State Boards and Commissions." Issuing of ordinances by. See " State Administration." Dependents, assistance for certain. See "Pensions." DERBYSHIRE, JAMES H. (of Lawrence). Committee, 45; petition, 103. Discriminations. See "Public Officers;" "Voters;" "Women." District attorneys. See "County Officers." Resolution providing for the appointment of [by the Attorney-General], 54, 68; reported adversely, 92; rejected, 704. So much of the Resolution relative to the appointment of the Attorney-General by the Governor and of the, by the Attorney-General as relates to the appointment of, 69, 133; reported adversely, 144; rejected, 702 (quorum roll-call). See "Attorney-General." DOE, ORESTES T. (of Franklin). Committee, 43; petition, 103; report, 83; pre- sides, 789. DONNELLY, JAMES P. (of Lawrence). Committee, 45; resolutions, 68, 69, 72 (2), 74, 75 (2). 930 INDEX. DONOGHUE, JOHN A. (of Boston). Committees, 44, 175; resolutions, 53, 54, 70, 74 (2); report, 100; dissents, 100, 104. DONOVAN, DANIEL R. (of Springfield). Committee, 44; resolutions, 59 (2), 60, 73 (2); motions, 723; amendments, 229, 234. DONOVAN, JAMES A. (of Lawrence). Committee, 44; resolution, 50; report, 118; dissents, 119 (2); motions, 50, 56, 63, 66. DONOVAN, THOMAS F. (of Boston). Committee, 45; resolution, 69. DORAN, JAMES P. (of New Bedford). Committee, 45; resolution, 50; report, 830; motions, 283, 334; leave of absence, 160. DOUGLASS, JOHN J. (of Boston). Committee, 43; report, 131; leave of absence, 713. DRESSER, FRANK F. (of Worcester). Committees, 45, 845; reports, 96 (2), 97, 231; motions, 125, 218, 303, 331, 778; amendments, 124, 125, 331, 660, 661, 662, 663, 776. DRISCOLL, DENNIS D. (of Boston). Committee, 43; resolutions, 74, 75; motions, 88, 157, 190, 203, 204, 218, 255, 261, 312 (2), 313, 496, 529, 635, 708, 717, 721, 774, 820; amendments, 450, 498. DRISCOLL, TIMOTHY J. (of Boston). Committee, 45; dissents, 88; motion, 105; leave of absence, 687, 726. DUTCH, CHARLES FREDERICK (of Winchester). Committees, 45, 66, 845; petitions, 103, 114; reports, 92, 746, 798 (3); motions, 53, 205, 209, 214, 269, 284, 285, 327, 498, 648, 655; amendments, 129, 278, 283, 290, 318, 327, 374, 656 (2), 663, 666; presides, 672. E. Education. See "Public Funds." Resolution to establish all universities in the Commonwealth on an equal basis, 50; Resolution relative to the encouragement of literature and learning and physical, 58; Resolution relative to the organization and support of the system of public schools, 69; petition of George Hale Nutting and others accompanied by Resolution providing for training in the duties of citizen- ship in all public schools and defining the duties of citizenship, 69; Reso- lution (reported) relative to universities and colleges and to the encourage- ment of literature, 89, 280 (first reading), 285, 291, 293, 294 (yea and nay on amendments), 296 (amended) (yea and nay), 307, 314 (second reading); rejected, 331. Resolution (reported by a special recess committee) relative to uniform standards of instruction for public, 659; withdrawn, 720. Education, committee on. Authorized, 25; appointed, 45; references, 50, 58, 69; reports, 89, 93. Educational institutions. See "Taxation." Effective administration, commission on. See "State Administration." Elected officials, removal of, by the Governor, and terms of. See "Public Officers." Election laws. Resolution relative to applying all laws and legal provisions governing the election of state officers to the election of all municipal officers, 76; reported adversely, 85; rejected, 644. Elections. See "Biennial Elections;" "Judges;" "Public Defender;" "Public Service Commission;" "State Election;" "Voters." Resolution relative to the counting of ballots cast at, 76; reported adversely, 85; rejected, 630. Resolution relative to corrupt practices in, 76; reported adversely, 85; rejected, 687. Resolution relative to prohibiting the use of party designations in certain [municipal] primaries and, 77; reported adversely, 85; rejected, 669. INDEX. 931 Elections, committee on. Authorized, 25; appointed, 45; references, 46, 47 (2), 53, 393, 401, 423; reports, 63, 78, 82, 88 (2), 505, 602, 608. Electricity. See "Necessities of Life;" "Public Ownership." ELLIS, THEODORE W. (of Springfield). Committee, 46, 260 (resignation); leave of absence, 181, 193; war service, 615. Eminent domain. See "Land, Taking of." Employees, insurance of, and welfare of. See "Civil Service;" "Labor;" "Pen- sions;" "Public Employees." Equal suffrage. See "Voters." Equity proceedings. See "Judicial Procedure." Evidence, rules of. See "Judicial Procedure." Executive, committee on the. Authorized, 24; appointed, 44; references, 47, 58, 88, 104, 155, 157; time extended, 87, 117, 133, 155, 170, 181, 196, 205, 218, 244, 266, 283, 306, 334, 367, 400, 427, 465, 503; sittings, 668; reports, 88, 89 (3), 93 (4), 133, 155, 732 (4), 746 (4). Executive budget. See "State Finances." Executive Council. See "Council." Executors, supervisor of. See "Administrators and Executors." Exemptions from taxation. See "Taxation." F. Fact, issues of. See "Judicial Procedure." Farming lands and products, taxation of. See "Taxation." FARNSWORTH, FRANK S. (of Leominster). Committee, 44. FEIKER, WILLIAM H. (of Northampton). Committees, 44, 170; report, 100; motions, etc., 167, 232, 360, 423, 428, 494, 519 (2), 539, 605, 606, 680, 785 (2), 811. FERRET, IRVING D. (of Pittsfield). Committees, 43, 149, 170; dissents, 91; leave of absence, 868. FERRY, JAMES R. (of Northbridge). Committee, 43; report, 85; dissents, 99; amendment, 650, 654. FINN, E. PHILIP (of Chelsea). Committee, 44; resolutions, 50, 60, 61; report, 88; dissents, 91; motions, 163, 181, 184, 197, 575; amendment, 256, 258. Fire insurance (state). See "Insurance Fund." Firms, giving of bonds by certain, and others. See "Milk Dealers." Fish and game. See "Natural Resources." FISHER, EDWARD (of Westford). Committee, 43; reports, 93, 94 (2); amendment, 369; leave of absence, 628. FITZ-RANDOLPH, REGINALD T. (of Nantucket). Committees, 44, 149; resolutions, 61, 73; reports, 99, 100; dissents, 115; motions, 170, 794, 807; amend- ment, 416; leave of absence, 642. FLAHERTY, WILLIAM (of Boston). Committee, 44; reports, 119 (2); dissents, 91; motion, 673. * Flowers and birds. See "Natural Resources." FLYE, Louis EDWIN (of Holbrook). Committees, 44, 239; report, 104; dissents, 115; leave of absence, 664. FLYNN, MAURICE R. (of Maiden). Committee, 44; motions, 377, 720, 784, 806. Food. Resolution requiring publicity as to, kept in cold storage, 60; reported adversely, 84; rejected, 655. Foodstuffs, sale of, by municipalities. See "Necessities of Life." Foreign states, entertaining hereditary representatives of. See "Public Funds." Forests. See "Natural Resources." 932 INDEX. Form and Phraseology, committee on. Authorized, 25; appointed, 46, 260; ref- erences, 80, 494, 653, 659; time extended, 87; sittings, 440; reports, 118, 167, 185, 267, 312, 331, 506, 599; statement of the chairman of the (ordered printed), 191. Order (Parkman of Boston) relative to referring amended resolutions to the (adopted), 312; report (recommending an amendment of Rule 28) accepted, 428. Order (Washburn of Middleborough) requesting the, to report in detail all changes made or recommended in matters referred to it, 320, 331; adopted, 336; exception, 503. Foss, GEORGE H. (of Springfield). Committee, 45; petition, 103; amendment, 809. France. Reception of the "Blue Devils" of, 627, 852. Allied victory along the Marne in, 717. Franchises. See "Privileges;" "Taxation." Resolution relative to prohibiting the granting of, for longer terms than fifty years, 74; reported adversely, 85; rejected, 643. Resolution relative to limiting the granting of, to terms of twenty-five years, 74; reported adversely, 85; rejected, 649. FRASER, EUGENE B. (of Lynn). Committee, 44; leave of absence, 664. Free public libraries. Statements relative to the definition of (ordered printed), 173, 191. FRENCH, ASA P. (of Randolph). Committees, 45, 170, 845; petition, 103; reports, 95 (2); motions, 136 (2), 141 (2), 319; amendment, 529; leave of absence, 160, 207, 356, 575; presides, 381, 382. FROST, ARCHIE N. (of Lawrence). Committees, 44, 845; resolution, 74; motion, 806. Fuel yards. See "Necessities of Life." G. GALLAGHER, DANIEL J. (of Boston). Committee, 43; reports, 99 (3); dissents, 99; leave of absence, 149. Game. See "Natural Resources." GARLAND, FRANCIS P. (of Somerville). Committees, 45, 845; reports, 321, 831, 838; motions, 49, 816, 838. GARTLAND, JOHN J. (of Boston). Committee, 43; reports, 93 (2), 94. Gas and electricity, manufacture and sale of, by public authorities. See "Necessities of Life;" "Public Ownership." GATES, JOSEPH S. (of Westborough). Committee, 44; reports, 89, 133, 155, 732 (4); motions, 710, 715; amendments, 765 (2). GAYLORD, HENRY E. (of South Hadley). Committee, 43; report, 94; motions, 749, 805. General Court. See "Biennial Elections;" "-Buildings;" "Constitution, Amend- ments of the;" "Constitution of the United States, Amendment of the;" "Governor;" "Initiative and Referendum;" "Legislature;" "Milk Dealers;" "Necessities of Life;" "Police Power;" "Supreme Judicial Court;" "Taxation." Act of the, authorizing the Constitutional Convention, 3. Resolution relative to service [without compensation] on certain legislative recess committees and commissions, 47; reported adversely, 84, 680 (quorum roll-call), 682 (yea and nay on amendment), 684 (rejection negatived), 756 (second reading), 793 (third reading), 804, 809 (yea and nay on amendment), 836; submitted to the people, 839, 842, 850. INDEX. 933 Resolution relative to recess committees of the [amendment of the preceding proposition], 863 (refused consideration). Resolution relative to adjournments of the [for not more than thirty days], 59; new draft reported, 90, 680 (second reading), 756 (third reading), 764; sub- mitted to the people, 808, 826, 847. Resolution relative to the apportionment of members of the, 47; reported ad- versely, 93; rejected, 691. Resolution providing for the election of members of the House of Representatives by a list system of proportional representation, 53; reported adversely, 93; rejected, 691. Resolution for proportional representation in the, 53; reported adversely, 93; rejected, 692. Resolution to provide that the apportionment of Representatives be based upon population, 59; reported adversely, 84; rejected, 691. Resolution to provide that the apportionment of Senators be based upon popula- tion, 59; reported adversely, 84; rejected, 691. Resolution relative to the establishment of districts for the election of Represent- atives to the, 59; reported adversely, 93; rejected, 643. Resolution relative to the apportionment of members of the, 59; reported ad- versely, 84; rejected, 688 (yea and nay). Resolution relative to the apportionment of members of the, 70; reported ad- versely, 93; rejected, 691, 694. Resolution relative to the arrangement of districts [in Suffolk, Middlesex and Worcester counties] for the election of members of the Senate, 70; reported adversely, 84; rejected, 653. Resolution to provide for a more equitable method of establishing the districts for the election of Representatives to the, 70; reported adversely, 93; re- jected, 691. Resolution to provide for a more equitable and proportional representation in the House of Representatives, 70; reported adversely, 94; rejected, 691, 698. Petition of Martin Hays accompanied by Resolution relative to the method of apportionment of Representatives to the, 71; report (leave to withdraw), 104; accepted, 660. Resolution defining the power and authority of the, 59; reported adversely, 94; rejected, 692. Resolution relative to prohibiting the delegation of its powers by the, 70; re- ported adversely, 94, 156, 158; rejected, 161. Resolution relative to the Presidency of the Senate [Lieutenant-Governor to preside], 50; reported adversely, 94; rejected, 638. Resolution providing that the Lieutenant-Governor shall preside over the Senate, 59; reported adversely, 94; rejected, 688. Resolution relative to the abolition of the Senate, 70; reported adversely, 94; rejected, 638. Resolution relative to abolishing the Senate and to establishing a single legisla- tive body, 70; reported adversely, 94, 684 (quorum roll-call); rejected, 687. Resolution providing that the Senate shall consist of sixteen members elected from Congressional districts, 70; reported adversely, 94; rejected, 684. Resolution relating to biennial sessions of the [and a 100-day session], 50; re- ported adversely, 94; rejected, 680. See "Biennial Elections." Resolution relative to biennial sessions of the, 862; refused consideration, 863. So much of the Resolution providing for limited sessions of the, and biennial elections of members thereof as relates to limited sessions [one hundred days] of the, 59; reported adversely, 94; rejected, 680. See "Biennial Elections." 934 INDEX. General Court Concluded. Resolution to provide for a Legislature of a single chamber of twenty-five mem- bers, 70; reported adversely, 94; rejected, 638. Resolution to limit the volume of business before the, and to fix individual re- sponsibility for legislative action, 70; reported adversely, 94; rejected, 643. Resolution relative to the negative of the Senate on the House of Representatives, 70; reported adversely, 94; rejected, 680. Resolution to provide for the scrutiny of legislative bills by the Attorney- General, 70; reported adversely, 95; rejected, 630. Resolution relative to the organization of the, 70; reported adversely, 95; re- jected, 684. Resolution relative to procedure in petitioning the, for legislation relating to local, special or private matters, 746; rejected, 793. See "State Adminis- tration." Resolution vesting in the Governor the right to adjourn or prorogue the [without the Council], 59; reported adversely, 94; rejected, 630. General Court, The, committee on. Authorized, 24; appointed, 43; references, 47, 50, 53, 59, 71; time extended, 87; reports, 81, 84 (5), 90, 93 (6), 94 (13), 95 (2), 104. GEORGE, SAMUEL W. (of Haverhill). Committees, 45, 260; resolutions, 50, 54, 58, 59, 71, 76, 862; reports, 88, 147 (2), 505, 816; dissents, 679; motions, 22, 57, 122 (2), 147, 203, 300, 301, 320 (2), 336, 383, 427, 478, 551 (2), 576 (3), 603, 609, 862; amendments, 122, 123, 168, 185, 245, 260, 269, 421, 424, 425, 439, 498 (2), 509, 540, 542, 610, 655, 656, 704, 740, 742; presides, 147. GIDDINGS, CHARLES (of Great Barrington). Committees, 43, 170; reports, 94 (2). GLAZIER, FREDERICK P. (of Hudson). Committee, 44; resolution, 69; motions, 219, 224, 368, 424, 681, 801, 862, 868 (2); amendments, 656 (2); presides, 405. GLEASON, NESBIT G. (of Andover). Question of privilege, 33; committees, 44, 170; motions, etc., 440, 481, 657, 661, 772, 790, 806, 811; presides, 644. Golden Rule. Petition of Frank Ernest Woodward and others accompanied by Resolution providing for the recognition in the Bill of Rights of the, as an indispensable element of the social and civic welfare of the people, 69; report (leave to withdraw), 91, 111, 113; accepted, 115. GOOD, JOHN P. (of Cambridge). Committees, 44, 239. 837; resolution, 55; reports, 100 (2), 115; dissents, 100, 104; motions, 67, 691; presides, 792. Governor. See "Liberty Loan Bonds;" "State Finances;" "State Officers." Convention called to order by His Excellency Samuel W. McCall, 7; oaths of qualification administered by the, 7 (members), 13 (Secretary); withdraws after the election of a President, 20; addresses of the, 7, 57, 150, 175, 239, 357, 837. Appointments by the. See "Attorney-General;" "Candidates;" "Council;" "County Officers;" "State Administration;" "State Boards and Com- missions;" "State Officers;" "Women." Power of removal by the. See "Public Officers." Sole pardoning power to be vested in the. See "Pardons." Authority of the, to prorogue the General Court. See "General Court." Authority of the, to request opinions. See "Supreme Judicial Court." Transmits a telegram from Congressman Samuel E. Winslow urging a postpone- ment of the Convention (placed on file), 28. Communication from the, relative to voting by absent soldiers and sailors (placed on file), 256. . Transmits reports of the commission appointed to compile information and data for the Convention, 42, 815. INDEX. 935 Resolution to provide for the exercise of the powers of the [by the President of the Senate or the Speaker of the House of Representatives], in case that office and the office of Lieutenant-Governor shall both become vacant, 58; Resolution relative to empowering the, to veto items in appropriation bills, 58; Resolution to provide for the concentration of the powers and respon- sibilities of the executive in the supreme executive magistrate [appointment of a Council by the, to consist of the Attorney-General and Secretary of the Commonwealth and various commissioners to have control of the state boards and commissions], 58; Resolution providing for giving the, power to recommend amendments of bills and resolves passed by the General Court, 70; Resolution relative to enlarging the powers and responsibilities of the office of, 70; Resolution (reported) relative to the powers and respon- sibilities of the office of, 89, 706 (second reading) : Relative to succession to the offices of, and Lieutenant-Governor in cases of vacancies in those offices, 706, 767 (third reading), 781; submitted to the people, 809, 828, 848. Relative to granting the, and executive and administrative officers the right to sit and speak in either branch of the General Court, 706 (rejected). Relative to the authority of the, to return bills to the General Court with recommendations for amendment, 708, 767 (third reading), 781; submitted to the people, 812, 829, 848. Relative to the scope of the executive department and to the authority of the, 709 (quorum roll-call); rejected, 710 (yea and nay). Relative to the authority of the, to remove executive appointees, 712 (with- drawn). Relative to the authority of the, to make recommendations for legislation, 712; rejected, 714. Relative to giving the, authority to refer to the voters certain proposed legis- lative measures, 715 (rejected). Providing for a two-year term for, and Lieutenant-Governor, 715, 768; re- jected, 803. Resolution relative to abolishing the veto power of the, 69; reported adversely, 93; rejected, 630. Order (Quincy of Boston) providing for printing a bulletin on the statutory powers and duties of the, and Council, 280; adopted, 334. Graduated income tax. See "Taxation." GRANFIELD, WILLIAM J. (of Springfield). Committee, 44; motion, 400. Grants, franchises and immunities. See "Privileges." GRAUMANN, JOHN (of Boston). Committee, 44. GREEN, THOMAS H. (of Boston). Committee, 45; dissents, 88. GREENWOOD, HAMLET S. (of Lowell). Committee, 45. H. HAINES, BENJAMIN F. (of Medford). Committee, 45; report, 98; motions, 30, 34. HALE, EDWARD R. (of Haverhill). Committee, 45; motions, 557, 642. HALE, MATTHEW (of Boston). Committee, 43; resolutions, 70, 74; motions, 159, 160, 164, 166, 224, 330, 344, 419, 486, 517, 557, 590, 595; amendment, 358; leave of absence, 273, 678. HALL, ELISHA S. (of Orange). Committees, 44, 170; petition, 114. HALL, FREDERICK S. (of Taunton). Committees, 21, 43, 45, 175; reports, 167, 175, 204, 658; motions, 119, 170, 175, 204, 383, 708; presides, 204, 260, 368, 631-634, 707. 936 INDEX. HALL, ISAAC FREEMAN (of North Adams). Committee, 45; resolution, 69; motions, 216, 275; leave of absence, 283, 575. HAMILTON, ANDREW FOSTER (of Athol). Committee, 45; petition, 103. HARDING, CLARENCE W. (of Whitman). Committee, 44; petition, 114. HARRIMAN, ARTHUR N. (of New Bedford). Committees, 43, 616; resolutions, 60, 61 (3), 69, 71, 73, 749; petition, 200; reports, 118 (4), 211, 212; motions, etc., 78, 79 (2), 160, 211, 212, 306, 382, 385, 423, 505, 526, 602, 608, 635, 665, 702, 721, 743, 749, 791, 797, 811, 815; amendments, 511, 537, 539, 588 (2), 794 (3), 805 (2), 809; presides, 211, 212; leave of absence, 691. HARRINGTON, PATRICK H. (of Fall River). Committees, 45, 149. HART, ALBERT BUSHNELL (of Cambridge). Committees, 45, 713, 845, 869; resolu- tions, 68, 71, 75; reports, 83, 798, 841; motions, etc., 13, 23, 42, 48, 182, 205, 206, 209, 213, 217, 266, 668, 678, 869; amendments, 756, 792 (2); leave of absence, 367. HAWLEY, TRUMAN R. (of Maiden). Committee, 43; dissents, 99; leave of absence, 377, 720, 806. Health insurance. See "Pensions." HIBBARD, CHARLES E. (of Pittsfield). Committees, 21, 43, 45, 170, 845; resolu- tions, 54; petition, 114; reports, 95, 190; motions, 66, 67, 181, 190; amend- ments, 437, 478; presides, 190, 782. HICKS, GEORGE H. (of Fall River). Committee, 45; motion, 155. Historical interest, taking of property of. See "Landmarks." HOBBS, CLARENCE W., Jr. (of Worcester). Committees, 44, 260; resolution, 58; reports, 83, 84 (5), 85 (6), 92, 217; motions, etc., 30 (2), 205, 207, 209, 217, 288, 326, 327, 503, 631, 635, 664, 694, 699, 720, 776, 797; amendments, 327, 328, 693, 708, 761 (2), 768, 794; presides, 217; leave of absence, 303. HOITT, AUGUSTUS J. (of Lynn). Committee, 44; motion, 694. Home rule. See "Municipalities." Homesteads. See "Taxation." So much of the Resolution to provide for a larger measure of home rule for cities and towns as relates to the power of municipalities to acquire land for homes for its citizens and to maintain a sufficient supply of the necessities of life, 82; Resolution providing for the maintenance of a sufficient supply of the common necessities of life, 74; petition of the Massachusetts State Branch of the American Federation of Labor accompanied by Resolution relative to granting authority to deal in the necessaries of life, 74; Resolu- tion (reported) to extend the power of the Commonwealth to provide homes for citizens, 90, 650 (second reading) (yea and nay on amend- ments), 654, 743 (third reading), 764, 772 (quorum roll-call); rejected, 774 (yea and nay). Resolution authorizing cities and towns to take land for providing homes for citizens, 61; Resolution (reported) empowering the General Court to authorize cities and towns to take land for providing homes for citizens, 91, 650; rejected, 654. HORGAN, FRANCIS J. (of Boston). Committee, 45; resolutions, 68, 73 (2), 74 (4), 77; reports, 755, 834; dissents, 83, 89, 668; motions, 25 (2), 49, 101, 102, 108, 140, 248, 607, 642; amendment, 744. Hours and conditions of labor. See "Labor." House of Representatives. Representation in the. See "Constitution, Amend- ments of the;" "General Court." Authority of the Speaker of the, in case of vacancies in the offices of Governor, Lieutenant-Governor and President of the Senate. See "Governor." INDEX. 937 HOWAKD, CHARLES P. (of Reading). Committee, 45; resolutions, 69 (2), 70, 71, 75, 76; dissents, 92; motion, 133; leave of absence, 181, 193, 694; war service, 615. HUTCHINGS, HENRY M. (of Dedham). Committees, 45, 170; resolutions, 71, 73, 74; report, 95; motion, 726. i. Ice, sale of, by municipalities. See "Necessities of Life." Immunities, grants and franchises. See "Privileges." Incomes, taxation of. See "Taxation." Incompatibility of offices. See "Public Officers." Individuals, rights of. See "Labor;" "Privileges;" "Rights." Industrial rights and social justice. See "Rights." Initiative and referendum. Resolution to provide for establishing the, 47; Resolu- tion relative to the General Court and to the, 71; Resolution relative to the, 71; petition of the Massachusetts State Branch of the American Federation of Labor accompanied by Resolution to provide for establish- ing the, 71; Resolution relative to requiring initiative measures to be approved by the people at two successive elections before becoming a part of the laws of the State, 71; Resolution (reported) to provide for establishing the, 118, 157, 159, 164 (4), 165, 166 (3), 190 (2), 192 (4), 195 (2), 197 (2), 198, 199, 200 (resolution of endorsement), 200, 201 (3), 202, 203 (3), 204 (2), 205, 206 (4), 209, 210 (3), 211, 212 (2), 213, 215, 217 (2), 220 (3), 221, 224, 225 (3), 228, 232 (2), 233, 234, 236 (3), 237 (2), 245 (2), 246, 247, 249, 251, 255 (yea and nay on discharging Committee of the Whole), 273, 275 (yea and nay on taking a recess), 278 (first reading), 279, 303 (yea and nay on limiting debate), 309, 314, 336, 337 (yea and nay on amendment), 340 (yea and nay on amendment), 346, 348 (yea and nay on amendment), 350 (yea and nay on reconsideration), 353 (yea and nay on amendment), 364, 370, 373, 374 (yea and nay on amendment), 381, 385 (yea and nay on amendment), 387 (yea and nay on amendment), 393 (yea and nay on reconsideration), 396 (yea and nay on amendment), 401 (yea and nay on amendment), 406 (yea and nay on amendment), 408 (yea and nay on adjournment), 410 (yea and nay on closing debate), 413, 414 (yea and nay on amendment), 416 (yea and nay on amendment), 419 (yea and nay on amendment), 424, 426 (reprint), 428 (second read- ing), 429 (yea and nay on limiting debate), 431 (yea and nay on recon- sideration), 433 (yea and nay on limiting debate), 442 (yea and nay on limiting debate), 445 (yea and nay on amendment), 447 (quorum roll-call), 450 (yea and nay on amendment), 453 (yea and nay on reconsideration), 456 (yea and nay on amendment), 458 (yea and nay on amendment), 461 (yea and nay on amendment), 466 (yea and nay on amendment), 468 (yea and nay on amendment), 471 (yea and nay on amendment), 473 (yea and nay on amendment), 476 (yea and nay on amendment), 478 (yea and nay on amendment), 481 (yea and nay on amendment), 484 (yea and nay on amendment), 486 (yea and nay on amendment), 489 (yea and nay on amendment), 491 (yea and nay on amendment), 494, 495 (yea and nay on amendment), 498 (yea and nay on ordering to a third reading), 503, 505 (third reading), 506 (yea and nay on limiting debate), 508-518, 519, 520 (point of order) (yea and nay on amendment), 523 (yea and nay on amendment), 526 (yea and nay on amendment), 529 (yea and nay on amendment), 531 (yea and nay on amendment), 534 (point of order) (yea and nay on amendment), 539 (point of order), 540 (yea and nay on 938 INDEX. Initiative and referendum Concluded. amendment), 543 (yea and nay on amendment), 545, 548 (point of order) (yea and nay on amendment), 551 (points of order) (yea and nay on reconsideration), 554 (yea and nay on amendment), 557 (yea and nay on amendment), 560 (yea and nay on amendment), 563 (yea and nay on amendment), 565 (yea and nay on ordering the main question), 568 (yea and nay on amendment), 570 (yea and nay on amendment), 572 (yea and nay on amendment), 576, 577 (yea and nay on amendment), 580 (yea and nay on amendment), 582 (yea and nay on amendment), 585 (yea and nay on amendment), 587, 591 (yea and nay on amendment), 593 (yea and nay on amendment), 596 (yea and nay on amendment), 599 (yea and nay on passing to be engrossed), 602 (placing on the ballot), 606 (submitted to the people), 606 (ordered reprinted), 606 (placing on the ballot), 616, 846; place of the, in rearranged Constitution, 860. Majority and minority views relative to the (ordered printed), 118, 160, 167. Order (Shaw of Revere) requesting President A. Lawrence Lowell of Harvard University and Hon. William Jennings Bryan [James F. Carey of Haverhill proposed in an amendment] to address the Convention on the (indefinitely postponed), 79. Order (Walker of Brookline) providing for printing 500 additional copies of the resolution establishing the, 218; adopted, 236. Resolution to provide for establishing the, for cities and towns, 50; reported adversely, 118; rejected, 629. Resolution providing for the referendum by the General Court of acts and resolves and parts thereof, 59; reported adversely, 118; rejected, 629, 636. Resolution to provide for the direct adoption of constitutional amendments by referendum to the people, 68, 81; reported adversely, 118; rejected, 629. Resolution relative to obtaining signatures in connection with the, 71; reported adversely, 118; rejected, 629. Order (Walker of Brookline) providing for printing additional copies of the bulletin on the, 423; adopted, 427. Order (Quincy of Boston) requesting the committee on Form and Phraseology to report proposed amendments of the Constitution in such form as will not be inconsistent with certain provisions of the, 653; committed, 659. [No report.] Initiative and Referendum, committee on. Authorized, 24; appointed, 43; refer- ences, 47, 50, 59, 71, 81, 426; time extended, 87; reports, 118 (5); views of members of the (ordered printed), 118, 160, 167. Injunctions, issuing of. See "Judicial Procedure;" "Labor." Injured employees, insurance of. See "Pensions." Inspection of public and private institutions. See "Charitable Institutions." Institutions. Support of certain, from public funds. See "Public Funds." Inspection of certain. See "Charitable Institutions." Insurance (health, unemployment, accident, sickness, invalid, state, social). See "Pensions." Insurance companies. Resolution to empower the General Court to make absolute the liabilities of casualty, to persons injured by accident, 75, 88; reported adversely, 171; rejected, 643. Insurance fund. Resolution relative to creating a state fire, 60, 82; Resolution (reported) to provide for state insurance, 90, 170 (remonstrances); rejected, 666, 669. Intoxicating liquors. See "Liquor Traffic." INDEX. 939 Resolution relative to the prohibition of the manufacture, importation, sale and distribution of spirituous and, within the Commonwealth of Massa- chusetts, 53, 54; Resolution relative to the prohibition of the manufacture, sale, keeping for sale, importation, transportation and exportation of, 60; petitions in aid, 62, 122; latter resolution reported, 90; rejected, 665. Resolution relative to prohibiting the manufacture and sale of, containing more than twenty-five per cent of alcohol, 73; reported adversely, 97; rejected, 660. Invalid insurance. See "Pensions." Issues of fact. See "Judicial Procedure." Italy. Reception of the Italian War Mission, 57, 852. Resolutions (Luce of Waltham) on the victory of the Italian army (adopted), 667; acknowledgment from the Italian Consul, 720. J. Japan. Reception of the Japanese War Mission, 239, 852. Presence of the Japanese Parliamentary Mission, 465. Jennings, Patrick H. (of Boston). Communication from, claiming election to the Convention as a delegate at large, 12, 47; report (leave to withdraw), 88, 105 (yea and nay on substituting a minority report); accepted, 107; ques- tion of privilege, 110. JOHNSON, CHAELES R. (of Worcester). Monitor, 24; committee, 45; resolution, 54; motions, 129, 650, 684, 869. Johnson, Jasper N. Communication from (of Medford), claiming a seat in the Con- vention, 46; report (no action necessary), 88; accepted, 105. JONES, GEORGE R. (of Melrose). Committees, 45, 845; reports, 92, 93 (2), 139 (3), 232 (2); motions, 29, 33, 68, 139 (2), 144, 232 (2), 370, 675, 726; presides, 139 (2), 232 (2). Journal of the Convention. Daily reading of the, dispensed with, 23; ordered printed, 23, 51; addresses and other matter ordered printed in the, 628, 863. Judges. See "Courts;" "Courts, Clerks of;" "Judicial Officers;" "Judicial Procedure." Resolution providing for the appointment of, for specific terms, 71; reported adversely, 96, 156, 157; recommitted, 163; 641, 644; rejection negatived, 645, 739 (second reading), 740 (yea and nay on amendment), 742 (amended relative to the retirement of judicial officers), 769 (third reading) (yea and nay on amendment), 781; submitted to the people, 809, 830, 848. Resolution relative to the election of, 59; reported adversely, 97, 147 (2); re- jected, 155. Resolution relative to the election of, by the people, 71 ; reported adversely, 97, 147, 148, 156, 157; recommitted, 161 (yea and nay); 632 (quorum roll-call); rejected, 638. Resolution relative to authorizing the General Court to provide for the election of, 72; reported adversely, 97, 147,' 148; rejected, 156. Petition of the Massachusetts State Branch of the American Federation of Labor accompanied by Resolution providing a method for the election of, 72; report (leave to withdraw), 92, 147 (2); accepted, 156. Resolution relative to the election and recall of judicial officers, 72; reported adversely, 97, 147, 148; rejected, 155. Resolution providing for the appointment, removal and retirement of, and their tenure of office, 60; reported (withdrawn at the request of the pro- ponent), 91, 156, 158; recommitted, 163; report accepted, 641. 940 INDEX. Judges Concluded. Resolution relative to the tenure of office of the judiciary, 71 ; reported adversely, 96, 156, 157; recommitted, 163; 645 (yea and nay on amendment); re- jected, 648. Resolution relative to the appointment of judicial officers for a term of seven years, 71; reported adversely, 96, 156, 157; recommitted, 163; rejected, 645. Resolution limiting the tenure of judicial officers to ten years, 71 ; reported ad- versely, 97, 156, 157; recommitted, 163; 639 (quorum roll-call); rejected, 640. Motion (Luce of Waltham) that the Convention resolve itself into Committee of the Whole for the purpose of considering the various resolutions relative to the election and term of office of, 504; negatived, 505. Resolution to provide for the confirmation of judicial appointments by other than a political body, 72; reported adversely, 118, 156, 157; rejected, 161. Judges in Massachusetts, removal of, printing of a bulletin on the, 665, 678. Judicial officers. Resolution relative to the salaries of, 59; reported adversely, 95, 156, 158; recommitted, 163; rejected, 648. Judicial procedure. See "Capital Punishment." Resolution to provide for securing freedom and equality of justice in the courts of the Commonwealth to all persons [justices of the Supreme Judicial Court authorized to make rules of court], 47; reported adversely, 95, 123, 125; rejected, 127. Resolution relative to the challenge of judge and jurors in civil causes, 50; re- ported adversely, 95, 124, 126; rejected, 128. Resolution relative to the challenge of judge and jurors in criminal causes, 50; reported adversely, 95, 124, 126; rejected, 127. Resolution for the regulation of trial by jury, 53; report (inexpedient to take action) accepted, 82. Order (Kenny of Boston) relative to giving efficacy to the eleventh article of the Declaration of Rights granting the subject a certain remedy in law promptly and without delay, 55; report (inexpedient to amend said article), 91, 156 (no action necessary), 158; accepted, 161. Resolution relative to removing privilege of accused to stand mute, 58; reported adversely, 92, 124, 126; rejected, 127. Resolution relative to removing privilege of accused to stand mute without com- ment by court, jury or counsel, 58; reported adversely, 92, 124, 126; re- jected, 127. Resolution relative to the payment of costs to those acquitted of the charge of crime, 59; reported adversely, 95, 124, 126; rejected, 127. Resolution relative to statements by persons accused of crimes or offences, 59; reported adversely, 95, 124, 126; rejected, 127. Resolution relating to the right to trial by jury, 69; reported adversely, 92, 128, 130; rejected, 132. Resolution relating to trial by jury in all controversies concerning property, 72; reported adversely, 96, 128, 130; rejected, 132. Resolution relative to the right of trial by jury in all cases at law, 72; reported adversely, 96, 128, 129; rejected, 131. Resolution relative to the authority of the Supreme Judicial Court to prescribe method of procedure, 71; Resolution (new draft reported) relative to the distribution and exercise of the judicial power, 90; rejected, 716. Resolution (reported under Rule 25) relating to the distribution and exercise of the judicial power, 90; rejected, 716. INDEX. 941 Resolution relating to the rules of evidence in the trial of causes in the courts of the Commonwealth, 71; reported adversely, 95; rejected, 725. Resolution to provide for the framing and submission by the court to the jury of issues of fact in equity proceedings when requested by either party thereto, 71; reported adversely, 95; rejected, 725. Resolution relative to verdicts of juries in civil causes, 54; reported adversely, 95, 124, 126, 128 (2), 129 (2); rejected, 131. Resolution to provide that five-sixths of any jury in civil actions may render a valid verdict after twelve hours' deliberation, 72; reported adversely, 95, 128, 129; rejected, 131. Resolution relative to permitting a verdict in civil actions by less than the whole number [three-fourths] of jurors, 72; reported adversely, 95, 128, 129; re- jected, 131. Resolution relative to verdicts of juries in civil actions, 72; reported adversely, 95, 128, 130; rejected, 132. Resolution relative to the verdicts of juries and to trial by jury in cases relating to workmen's compensation, 72; reported adversely, 95, 128, 129; rejected, 131. Bulletin (ordered printed) relative to jury trials in injunction contempt cases, 79, 100. Judicial Procedure, committee on. Authorized, 25; appointed, 45; references, 47, 50, 53, 56, 59, 63, 66, 71, 73, 88; time extended, 87; reports, 82, 90 (2), 95 (7), 119. Judiciary, committee on the. Authorized, 25; appointed, 45; references, 51, 54, 55, 59, 60, 71, 72; tune extended, 87, 133, 155, 170, 181, 196, 205, 218; reports, 68, 84 (4), 90, 91 (2), 92, 95 (6), 96 (15), 97 (7), 118, 231. Juries. See "Pardons." Verdicts of. See "Judicial Procedure." Jurors, challenge of. See "Judicial Procedure." Jury, trial by. See "Judicial Procedure." Justice, freedom and equality of. See "Judicial Procedure." Justice of the peace. See "Women." Resolution to abolish the office of, as an office under the Constitution, 51; re- ported adversely, 84; rejected, 674. K. KELIHER, JOHN A. (of Boston). Committee, 45; motions, 46, 116. KELLEY, GEORGE W. (of Rockland). Committee, 44; resolutions, 71, 72, 77; dis- sents, 119 (2), 182; motion, 200; amendment, 663, 666; presides, 693. KELLEY, THOMAS R. (of Boston). Committee, 45; leave of absence, 687. KELLY, LUKE L. (of Boston). Committee, 45. KENEFICK, THOMAS W. (of Palmer). Committees, 45, 170; report, 95; motion, 128; presides, 160, 164, 760-763. KENNY, HERBERT A. (of Boston). Committee, 45; resolutions, 58, 73, 77; motions, 55, 147, 216, 236, 287, 294, 707; amendments, 256, 258, 285, 294, 314. KERR, ALEXANDER (of Maiden). Special seat, 26; committees, 44, 837; resolution, 77. KILBON, JOHN L. (of Springfield). Chaplain, 33, 49, 110, 144, 149, 175, 191, 260, 283, 367, 453, 494, 519, 557, 635, 648, 653, 658, 678, 746; committee, 44; pe- tition, 122; dissents, 119 (2); motions, 494, 503, 650, 783; amendments, 250, 372, 414, 416, 650, 654; leave of absence, 334. Kimball, James W. See "Secretary of the Convention." 942 INDEX. KINNEY, WILLIAM S. (of Boston). Committees, 43, 170; reports, 84, 94 (2); dissents, 95; motions, 199, 410, 439, 493, 567; amendments, 347, 348, 350, 422, 518, 655, 656, 672, 674, 730, 735, 737, 751, 754; presides, 838-842. KNEIL, ARTHUR S. (of Westfield). Committee, 43; reports, 98 (3); dissents, 99; amendment, 284, 290; leave of absence, 764. KNOTTS, J. FRANKLIN (of Somerville). Chaplain, 23, 133, 251, 785; committee, 44; motions, 626, 794; amendments, 512, 545, 577; leave of absence, 628. L. Labor. See "Pensions;" "Public Employees;" "Public Service;" "Women." Resolution that, be held to be a personal and not a property right and that the issue of injunctions be limited in, disputes, 50, 56, 63 (yea and nay on reference); reported adversely, 119; rejected, 716. Resolution relative to the protection and welfare of employees [hours of, mini- mum wage, etc.], 61, 82; Resolution authorizing the General Court to enact laws to promote the health, safety, morals or welfare of the people, 61, 82; Resolution empowering the General Court to provide for the regu- lation or restriction of the hours and conditions of, 72; Resolution relative to maximum hours of, 72; Resolution (reported) authorizing the General Court to pass laws regulating and restricting the hours of, 118, 666 (second reading), 669, 747 (third reading), 749, 760, 796; rejected, 798 (yea and nay). Resolution relative to the right to, and to enjoy the fruits thereof, 69, 88; re- ported adversely, 119; rejected, 716. Resolution providing for a clearer declaration of certain rights of working men and women, 69, 88; reported adversely, 119, 716, 717 (quorum roll-call); rejected, 719. Petition of the Massachusetts State Branch of the American Federation of Labor accompanied by Resolution to insure safe construction [employ- ment of practical mechanics on buildings, subways, tunnels, conduits, dams, bridges, etc.] in this Commonwealth, 73; report (leave to with- draw), 119; accepted, 666. Petition of the Massachusetts State Branch of the American Federation of Labor accompanied by Resolution regulating the issue of injunctions in, disputes, 73; report (leave to withdraw), 119; accepted, 719. Petition of the Massachusetts State Branch of the American Federation of Labor accompanied by Resolution relative to regulating the issue of in- junctions in, disputes, 73; report (leave to withdraw), 119, 717, 721 (point of order) (yea and nay on amendment); proposal rejected, 723 (yea and nay), 726. Petition of the Massachusetts State Branch of the American Federation of Labor accompanied by Resolution establishing one day's rest in seven for employees, 75; Resolution (reported) authorizing the General Court to enact laws establishing one day's rest in seven for employees, 91; rejected, 670. Certain views (Brown of Brockton) and a Resolution relative to the definition of (ordered printed), 122. Resolution relative to the settlement of, disputes, 862; refused consideration, 864. Labor, committee on. Authorized, 24; appointed, 44; references, 50, 56, 63, 66, 73, 82, 88; time extended, 87; reports, 118, 119 (2). Land, law of the. See "Rights." INDEX. 943 Land, single tax on value of. See "Taxation." Land, taking of. See "Homesteads;" "Rights." Resolution relative to the right of the Commonwealth to take or to authorize the, by eminent domain, 59; reported adversely, 96; recommitted, 123, 124; reported adversely, 231; rejected, 629. Resolution extending the purposes [agricultural] for which the Commonwealth may take land, 61; reported adversely, 182; rejected, 670. Resolution relative to the taking of property for public uses, 71; reported adversely, 97, 123, 125; rejected, 127. Resolution providing that all, by eminent domain shall be deemed a public use, 72; reported adversely, 96, 123, 124; rejected, 127. Landmarks. Resolution relative to preserving property of historical or antiquarian interest, 74; Resolution (reported) relative to the preservation and main- tenance of property of historical and antiquarian interest, 90, 670 (second reading), 750 (third reading), 760; submitted to the people, 808, 825, 847. LANE, DANIEL W. (of Boston). Committee, 44; dissents, 90; motions, 21, 78, 299, 408, 526. LANE, D WIGHT F. (of Dighton). Committees, 45, 357; resolution, 73; petition, 114. LANGELIER, Louis F. R. (of Quincy). Committee, 44; reports, 98, 104; point of order, 817; leave of absence, 377, 713. Langtry, Hon. Albert P., 7. See "Secretary of the Commonwealth." LARSON, CHARLES G. (of Worcester). Committee, 44; leave of absence, 331. Law of the land. See "Rights." Learning and literature, encouragement of. See "Education." Leave of absence. See "Absence, Leave of." For school teachers. See "Public Schools." Leave of Absence, (proposed) committee on. Order (French of Randolph) pro- viding for a, 136; withdrawn, 141. LEBOEUF, TELESPHORE (of Webster). Committee, 45; leave of absence, 791. Legislature. See "General Court;" "Supreme Judicial Court." Order (Pillsbury of Wellesley) relative to the expediency of substituting the word, for the words "General Court" wherever they occur in the Consti- tution, 80; report (expedient), 118; rejected, 729. LEONARD, JOSEPH J. (of Boston). Committee, 44; resolutions, 47, 75, 77; motions, 30, 34, 172, 575, 604, 605, 681, 682, 809; amendments. 756, 790; leave of absence, 642. Liability. See "Insurance Companies." Liberty Loan bonds. See "Treasurer and Receiver-General." Order (Washburn of Worcester) inviting the Governor, the Treasurer and Receiver-General and the Governor of the Federal Reserve Bank to address the Convention (adopted), 344; President Bates, Governor McCall and Governor Aiken address the Convention, 356. Order (Michelman of Boston) providing for adjournment for the purpose of promoting the sale of, 367; amended and rejected, 368. Motion (Powers of Newton) that the Convention adjourn over one day for the purpose of promoting the sale of (adopted), 372. Liberty of speech; of the press; of the individual. See "Rights." Lieutenant-Go vernor. See "Council;" "General Court;" "Governor." Present at the convening of the Convention, 7, 20. Life, liberty or property of the individual, reasonable compensation for the public use of. See "Rights." Limited legislative sessions [one hundred days]. See "General Court." 944 INDEX. LINKE, FRED R. (of West Springfield). Committee, 45; motions, 291, 692, 696. Liquors, spirituous and intoxicating. See "Intoxicating Liquors." Liquor traffic. See "Intoxicating Liquors." Order (Coolidge of Milton) providing for printing a bulletin on the regulation of the, 182; adopted, 194. Liquor Traffic, committee on the. Authorized, 24; appointed, 44, 79; references, 53, 54, 60, 62, 73; reports, 90, 97. Literature and learning, encouragement of. See "Education." Loans. So much of the Resolution providing for a state budget, for the veto of items therein and for state financial supervision of public, as relates to state financial supervision of public (see "State Finances"), 76, 111; reported adversely, 131 ; rejected, 699. So much of the Resolution relative to granting the credit of the Commonwealth or its subdivisions as relates to cities and towns (see "State Finances"), 76, 88; reported adversely, 115; rejected, 680. So much of the Resolution relative to the manner in which the General Court may authorize the issuance of bonds as relates to the issuance of bonds by any city, town or other civil division (see "State Finances"), 76, 88; reported adversely, 115; rejected, 643. Local, special and private matters, orders and petitions relating to. See "Council;" "General Court." Local self-government. See "Municipalities." LOGAN, JAMES (of Worcester). Committee, 45; motions, 149, 200; leave of absence, 117, 635, 664, 694, 720, 797. LOMASNEY, MARTIN M. (of Boston). Vote received by, for President, 19; special seat, 26; committees, 43, 616; resolution, 47; reports, 92 (2); dissents, 659; motions, etc., 35, 112, 136, 183, 238 (2), 253, 275 (2), 290, 293, 330, 333, 364, 424, 610, 645, 675, 721, 751, 754, 814; amendments, 168, 185, 283, 290, 611, 759, 761, 803, 804. LOOK, WILLIAM J. (of Tisbury). Committees, 44, 357, 837; leave of absence, 635. Lord's Day. See "Labor." Resolution relative to granting power to cities and towns to authorize athletic contests on the, 73; reported adversely, 84; rejected, 649. LORING, AUGUSTUS P. (of Beverly). Committees, 46, 845, 869; resolution, 47: reports, 167, 267, 312, 331, 506, 599; motions, 440, 574. 861, 869; amend- ments, 212, 233, 234, 285, 290, 309, 310, 365, 370, 437, 471, 730, 735 (2), 743, 744 (4),747, 796, 811; statement ordered printed, 173; presides, 759, Louvain, University of. See "State Librarian." LOVE, JOSEPH A. (of Webster). Committee, 44; resolutions, 70, 72 (2); report, 93; leave of absence, 791. LOWE, ARTHUR H. (of Fitchburg). Monitor, 24; committees, 43, 149; petition, 110; reports, 192 (2); dissents, 91, 131; motions, etc., 165 (2), 191, 192, 197, 206, 280, 303, 306, 391, 399, 845; amendments, 285, 290, 318, 327, 509, 598 (2); presides, 191, 192, 747, 844; leave of absence, 635, 760. Lowell, A. Lawrence, President of Harvard University. See "Initiative and Ref- erendum." LOWELL, JAMES A. (of Newton). Committees, 44, 149; report, 119; motions, 63, 171, 220, 799; amendments, 227, 511, 529. LUCE, ROBERT (of Waltham). Committees, 21, 43 (2), 170, 615, 837; resolutions and petition, 50, 59, 70 (2), 76, 110, 575, 667; reports, 24, 25, 28, 51, 90, 111, 112, 114, 116, 117, 119, 120, 195, 245, 266, 281, 356, 360, 377, 625, 636, 678, 679, 749, 838; dissents, 95, 505; motions, etc., 21, 25, 26, 28, 31, 35, 46 (2;, 56, 67, 80, 85, 87, 89, 111, 115, 116, 119 (2), 133, 140 (2), INDEX. 945 155, 158, 196, 207, 209, 215, 222, 233, 236, 238 (2), 264, 278, 281, 292, 314, 328, 330, 331, 337 (2), 343, 356, 360, 393, 396, 445, 494, 504 (2), 505, 548, 575, 605, 611, 624, 626 (2), 634, 636, 638, 639, 645, 665, 668, 673 (2), 678, 682, 688 (2), 717, 721, 733 (2), 747, 754, 760, 765, 769, 805, 815, 838, 845, 853, 861 (2), 863 (2), 869, 871; amendments, 226, 235, 249 (2), 250 (2), 285, 318, 343, 347, 372, 373, 385, 387, 393, 401, 405, 406, 435, 444, 447, 449, 450, 452, 453, 516, 523, 605, 725, 727 (2); presides, 49, 111, 116, 119- (2), 220, 326 (2), 519-523 (ruling), 719; special mention, 816, 840 (2). LUFKIN, WILLFRED W. (of Essex). Committees, 44, 57; resolution, 59; report,, 89; leave of absence, 557, 642. LUMMUS, HENRY T. (of Lynn). Committees, 43, 239; report, 239; dissents, 118; motions, 34, 216, 239, 275, 343, 572, 754 (2); amendments, 405, 515, 534, 560, 577; leave of absence, 306. LYMAN, FRANK E. (of Easthampton) . Committee, 45; resolution, 59; reports,. 93; motions, 110, 635, 815, 838, 867; amendments, 517, 588, 632, 759,. 761. LYNCH, JOHN C. (of Milford). Committee, 44; resolution, 69; report, 99. M. MACMASTER, EDWARD A. (of Bridgewater). Committee, 45; report, 95. MAGUIRE, JAMES E. (of Boston). Special seat, 26; committees, 45, 239; resolu- tions, 58 (2), 61, 71; report, 95; dissents, 96, 97 (2); motions, 48, 706; amendments, 769 (2), 771. MAHONEY, JOHN J. (of Boston). Committee, 45; reports, 98, 691; dissents, 98 (2), 746 (2); motions, 382, 422, 424, 428, 634, 650, 670 (2), 684, 700, 801; amendment, 610. MALONE, DANA (of Greenfield). Committees, 21, 43 (2); report, 95; motions,, 24, 136; presides, 34, 49; announcement of the death of, 169; resolu- tions adopted, 169; committee to attend funeral, 170; communication from Mrs. Malone, 181; balance of compensation, 211. See also 615. MANCOVITZ, DAVID (of Boston). Committee, 45; resolutions, 59, 70, 71, 72, 74,. 76 (2), 77; reports, 92, 136, 144; motions, 150, 248, 326 (2), 331, 366, 639 (3), 645, 731; amendments, 248, 641, 644, 645, 731, 735, 739, 740. MANSFIELD, JOHN J. (of Boston). Committee, 44; amendments, 286, 296; motion, 326; dissents, 746 (2). Manual for the Convention. Additional copies of the, 245,, 256. Resolution (Luce of Waltham) recording the appreciation of the Convention of the thoughtful generosity of Delegate William Wheeler of Concord in supplying for insertion in the, a facsimile reproduction of a resolution of the town of Concord (October 21, 1776) setting forth the distinction be- tween a legislative body and a constitutional convention (adopted), 575. Market places (public). See "Necessities of Life." Marne. Recognition of the allied victory along the, in France, 717. MARSHALL, DANIEL J. (of Worcester). Qualified, 23; committee, 45; leave of ab- sence, 191, 193; war service, 615. MARTIN, DANIEL A. (of Holyoke). Committee, 43; resolutions, 59, 73; motion,. 868; leave of absence, 202; war service, 615. MARTIN, MARTIN L. (of Boston). Committee, 45; resolution, 73. Massachusetts Historical Society. Privileges of the library of the, extended to the members of the Convention, 62. Matron of the State House, extra compensation for the. See "Constitutional Con- vention." 946 INDEX. McANAKNEY, JOHN W. (of Quincy). Monitor, 24; committee, 45; resolutions, 51, 71, 845; reports, 97, 118; motions, etc., 130, 326, 377, 713, 845; amend- ment, 396; leave of absence, 211, 700; presides, 443, 452. McCAFFKEY, GEORGE H., Jr. (of Boston). Committee, 44; resolution, 58; dis- sents, 131; leave of absence, 181, 193; war service, 615. McCall, His Excellency Samuel W., calls the Convention to order, 7. See "Gov- ernor." MCCARTHY, CHARLES F. (of Marlborough). Committee, 45; motions, 192, 565; compensation, 868. McCoRMACK, JOHN W. (of Boston). Committee, 46; resolution, 68; reports, 599; motions, 200, 211, 216, 246, 344, 440, 868; leave of absence, 664; pre- sides, 730. MclsAAC, DANIEL V. (of Boston). Committee, 45; report, 823. McKEON, FRANCIS P. (of Worcester). Committee, 44; resolutions, 69, 70; peti- tion, 103. McLAUD, ABNER S. (of Greenfield). Committees, 44, 170; report, 171; amend- ments, 319, 328, 345. Mechanics, employment of, on construction work. See "Labor." Merchandise and commodities. See "Necessities of Life." MERRIAM, JOHN M. (of Framingham). Committees, 45, 357; resolution, 60; re- ports, 91 (2), 96, 357; motions, 112, 356; amendments, 237, 512, 534; leave of absence, 155, 664. MERRILL, GEORGE FRYE (of Gloucester). Committee, 43; petition, 103; reports, 83, 92; dissents, 92; motions, 465, 705; leave of absence, 749, 764, 797. MICHELMAN, JOSEPH (of Boston). Committees, 44, 57, 357; resolutions, 50 (2), 51 (2), 60; motions, 367, 368. Middlesex County senatorial districts. See "General Court." Military affairs. Resolution (reported under Rule 25) relative to the selection of officers of the militia, 90; 704 (second reading), 706, 767 (third reading), 781; submitted to the people, 812, 826, 848. Resolution (reported under Rule 25) relative to the powers of the Commander- in-Chief and of the General Court in matters concerning the militia, 90; 706 (second reading), 767 (third reading), 781; submitted to the people, 808, 827, 848. Resolution relating to the appointment of military officers, the numbers and organization of military forces and civil penalties to be inflicted by courts martial, 73; reported adversely, 97; rejected, 679. Resolution relative to the militia of the Commonwealth, 73; reported ad- versely, 97; rejected, 638. Resolution relative to the method of selecting and promoting officers in the militia, 73; reported adversely, 97; rejected, 679. Military Affairs, committee on. Authorized, 25; appointed, 45; references, 73; reports, 90 (2), 97 (3). Milk dealers. Resolution giving the General Court power to enact legislation to require that persons, firms, associations or corporations dealing in milk or cream shall give bond for prompt payments to producers, 629; placed on file, 659. Minimum wage. See "Labor." MITCHELL, CHARLES (of New Bedford). Committee, 45; report, 95; leave of absence, 743. MITCHELL, JOHN (of Springfield). Committee, 44; dissents, 90. Monitors of the Convention. Authorized, 24; appointed, 24. INDEX. 947 MONTAGUE, DAVID T. (of Boston). Committees, 45, 175, 845; reports, 84, 96; motions, 120, 125, 201; amendments, 125, 221, 285, 290, 355. MOORE, CHARLES D. C. (of Swampscott). Committee, 45; motions, 518, 664. MORAN, WILLIAM (of Fall River). Monitor, 24; committee, 43; reports, 84, 104. MORIARTY, JAMES T. (of Boston). Special communication, 12; committee, 44; resolutions, 72, 73; dissents, 90; motions, 46, 105, 204, 543; amendment, 542; leave of absence, 312, 635. MORRILL, CHARLES H. (of Haverhill). Committee, 43; resolutions, 61, 70 (2), 75, 76; report, 94; dissents, 93 (3), 94 (8); motions, 31, 35, 540, 696; amendments, 226, 229, 233, 234, 426, 513, 518, 579, 587, 588, 598. MORTON, JAMES M. (of Fall River). Special seat, 26; committees, 45, 57, 615, 845, 869; reports, 90, 92, 96, 209, 210, 859; dissents, 659; motions, 42, 210, 632, 804, 861; amendments, 168, 185, 511, 567, 716; presides, 27, 209, 210; special mention, 209, 869, 870. MOYNIHAN, JAMES J. (of Boston). Committee, 43; report, 94; motion, 664; leave of absence, 196. Mullen, James J., Jr. Order (Quincy of Boston) relative to giving to Joseph M. Sullivan and (of Boston), seats in the Convention with one-half vote each, 47; resolution reported (declaring Joseph M. Sullivan duly elected), 63; adopted, 78. Municipal elections. See "Election Laws;" "Elections." Municipal finances, separation of, from state revenues and expenditures, etc. See "Loans;" "Taxation." Municipal fuel yards and markets. See "Necessities of Life." Municipal Government, committee on. Authorized, 24; appointed, 45, 66, 78; references, 51, 60, 73, 88, 89, 111; time extended, 87, 117; reports, 81, 82, 84, 97 (4), 98 (4), 115 (2), 131. Municipalities. See "Homesteads," "Lord's Day;" "Necessities of Life;" "Public Ownership." Resolution relative to home rule for cities, 51; reported adversely, 97; re- jected, 637. Resolution providing for home rule for cities and towns (see "Taxation"), 60, 81; reported adversely, 97; rejected, 637. Resolution to provide for a larger measure of home rule for (see "Homesteads;" "Taxation"), 60, 81, 82; reported adversely, 97; rejected, 637. Resolution providing for granting a greater measure of home rule to cities and towns, 73; reported adversely, 97; rejected, 637. Resolution to provide for home rule in, in all matters not within general laws, 73; reported adversely, 98; rejected, 630. Resolution to provide for local self-government by municipalities, 73; reported adversely, 98; rejected, 649. Resolution relative to the authority of the General Court in the government of cities, 73; reported adversely, 98; rejected, 630. Municipal officers, election of. See "Election Laws." Municipal ownership of public utilities. See "Public Ownership." MURLEY, JOSEPH J. (of Boston). Committee, 45; resolutions, 58, 59; motion, 687; leave of absence, 713. MURPHY, JOHN L. (of Chelsea). Committee, 44; resolution, 70; motion, 131; leave of absence, 181, 193; war service, 615. MYRON, JOHN F. (of Boston). Committee, 44. 948 INDEX. N: Natural resources. Resolution defining private property title to, 73; Resolution (reported) relative to the public interest in, 90; recommitted, 123, 125; new draft reported, 160, 630 (second reading), 631 (quorum roll-call), 730 (third reading), 733 (yea and nay on amendments), 736 (quorum roll- call), 737 (yea and nay on passing to be engrossed), 743, 775 (yea and nay on suspending Rule 53 to permit an amendment); submitted to the people, 778 (yea and nay), 823, 847. Resolution relative to legislative regulation of [fish and game, birds and flowers, forests and waters, beaches, reservoirs and watersheds], 61; reported adversely, 98; rejected, 670. Resolution relative to the use of, 708, 749; placed on file, 793. Necessities of life. See "Food;" "Homesteads." Resolution relative to authorizing the General Court to enact laws granting cities and towns authority to purchase and sell the [coal, wood, fuel, ice, foodstuffs], 47; Resolution relative to the buying and selling of merchan- dise and commodities by the Commonwealth and by cities and towns, 47; Resolution relative to authorizing the General Court to enact laws granting authority to state and municipal officers to seize and sell food supplies, 47; Resolution relative to empowering the General Court to authorize the taking of foodstuffs, fuel and other, for sale to the inhabitants of the Commonwealth, and to the towns and cities thereof, and to authorize towns and cities to buy such, for sale to their inhabitants, 54; Resolu- tion empowering cities and towns to establish and maintain slaughter- houses and cold-storage warehouses, 60; Resolution relative to the pro- duction, manufacture or purchase and sale of fuel and ice, 60; Resolution relative to the right of the Commonwealth, counties, cities and towns to engage in business undertakings, 73; Resolution relative to the establish- ment of public markets and the sale of food stuffs, 74; Resolution relative to the maintenance of municipal fuel and coal yards and market places, 74; Resolution granting further powers to cities and towns in relation to the, 74; Resolution to authorize the enactment of laws governing the purchase, sale and distribution of the, 74; Resolution to enable the Com- monwealth and municipalities to manufacture, purchase and sell the, and to manufacture and sell gas and electricity, 74; Resolution relative to giving to the Commonwealth and to cities and towns the right to seize, sto/e, sell and distribute food and fuel, 74; Resolution (reported) to au- thorize the enactment of laws governing the acquirement, sale and dis- tribution of the, 90, 219, 224, 232, 255, 258 (first reading), 260 (yea and nay on closing debate), 264, 268, 270 (yea and nay on amendment), 278 (second reading), 281, 283, 288, 290 (amended), 292, 307, 312 (third read- ing), 318, 321 (yea and nay on postponement), 326, 328 (yea and nay on amendment), 330 (new draft), 330, 331 (amended); submitted to the people, 332, 333; report of adoption, 616, 846. Order (Dennis D. Driscoll of Boston) providing for the consideration of the public acquirement and sale of the, immediately after the disposition of the initiative and referendum, 219; new draft reported, 224; adopted, 232. Resolution (Balch of Boston) expressing the sense of the Convention as to the intention of the article of amendment relative to the acquirement and sale of the, 333; withdrawn, 501. INDEX. 949 Needy and aged persons. See "Pensions;" "Taxation." NESTOR, PATRICK F. (of Lowell). Committee, 46; report, 223; motion, 717. NEWHALL, ARTHUR N. (of Stoneham). Committee, 45; dissents, 90 (2); motion, 694; amendment, 704, 706; leave of absence, 133. Newspapers. For the use of members of the Convention, 22, 628. Furnishing reports of debates to certain, 673. NEWTON, H. HUESTIS (of Everett). Committee, 43; resolutions, 58, 60, 62, 72, 76; petition, 103; reports, 220 (2); dissents, 98, 99; motions, 62, 79 (2), 210, 218, 220 (2), 358, 368, 635, 665 (2); amendment, 782 (2); presides, 220 (2), 660. Non-contributory insurance and old-age pensions. See "Pensions." Notary public. See "Public Officers;" "Women." Resolution to abolish the office of, as an office under the Constitution, 51; reported adversely, 84; rejected, 674. Nuisances, regulation of. See " Buildings." NUTTING, EDWARD H. (of Leominster). Committee, 44; report, 93; dissents, 746. o. Oaths of qualification, 7, 13 (Secretary), 23, 79. O'CONNELL, JOHN J. (of Lowell). Committee, 44. O'CoNNELL, JOHN P. (of Salem). Committee, 44; leave of absence, 160, 720. O'CoNNELL, JOSEPH F. (of Boston). Committee, 43; report, 100; motions, 25, 286, 498, 509, 537, 545, 577, 649, 660, 679, 692, 740, 769; amendments, 125, 319, 328, 452, 498, 510, 577, 693, 699, 740, 742, 769; leave of absence, 196; presides, 387, 390. O'CONNOR, JOHN D. (of Chicopee). Committee, 45; resolutions, 74, 77. Old-age pensions. See "Pensions;" "Taxation." One day's rest in seven. See "Labor." Order, questions of, 113, 133, 233 (3), 238, 274, 275 (2), 280, 326, 363, 483, 486, 520, 534, 539, 548, 551 (2), 721, 817, 861. Ordinances, issuing of, by departments of the Commonwealth. See "State Ad- ministration." Out-door advertising. See "Advertisements." p. Pairing on yea and nay votes. See "Absence, Leave of." Pardons. Resolution vesting the pardoning power in the Governor [without the Council], 58; Resolution to provide for a pardon board and pardon juries, 69; Resolution (reported) relative to the pardoning power, 89, 692 (second reading), 756 (third reading), 764; rejected, 811. PARKER, GEORGE S. (of Boston). Committee, 44; vote of sympathy for, 219, 244. PARKER, HERBERT (of Lancaster). Committees, 21, 43 (2), 170, 713, 845, 869; resolution, 54; reports, 118, 194, 427; dissents, 118; motions, etc., 22, 117, 169, 190, 196, 279, 282, 781, 845; leave of absence, 617, 673. PARKMAN, HENRY (of Boston). Committee, 43; resolutions, 55, 61, 193; reports, 91 (2), 111, 165, 166, 726; dissents, 131; motions, 165 (2), 192, 237, 246, 288, 312, 378, 393, 398, 610, 626, 636 (2), 680, 705; amendments, 368, 438, 486, 693, 699 (2), 759 (6), 760, 761 (5), 763; presides, 165 (2). Party designations. See "Elections." Pay-roll. See "Constitutional Convention;" "Contingent Expenses and Pay- Roil, Committee on." 950 INDEX. Peace, justice of the. See "Justice of the Peace." Pedrick, Thomas F. See "Sergeant-at-Arms." PEIRCE, ALBION G. (of Methuen). Committee, 45. PELLETIER, JOSEPH C. (of Boston). Committees, 21, 43 (2); reports, 91, 202, 203; dissents, 89; motions, 21, 34, 116, 202, 203, 326; amendment, 307; leave of absence, 149, 668; presides, 202, 203. Pensions. See "Taxation." Resolution relative to the providing of non-contributory health insurance, 48; Resolution relative to the providing of non-contributory old-age, 48; Resolution relative to providing for contributory old-age insurance, 51; Resolution relative to providing for contributory unemployment insurance, 51; Resolution relative to providing for non-contributory accident, sick- ness and invalid insurance, 51; Resolution relative to state, 51; Resolu- tion authorizing the Commonwealth to insure persons or property, 51; Resolution providing for a state fund for workmen's compensation, 54, 82; Resolution to provide for social insurance by the Commonwealth, 60; Resolution authorizing compulsory insurance of employees, 60; Resolution authorizing state insurance of workers against accidents, sickness, invalid- ity, old age and unemployment, 60; Resolution providing for compulsory death benefits for dependents of persons engaged in the public service in times of war and national and state emergency and of persons engaged in hazardous employments at all times, 60; Resolution giving the General Court power to enact laws for the protection of the lives, health or safety of workers, 60; Resolution relative to creating a state fund for workmen's compensation insurance, 61; Resolution relative to the establishment of a system of non-contributory health insurance, 75; Resolution relative to the establishment of health insurance for working men, 75; Resolution relative to establishing a system of non-contributory old-age, 75; Resolu- tion relative to the establishment of a system of old-age, 75; petition of the Massachusetts State Branch of the American Federation of Labor accompanied by Resolution providing for the establishment and mainte- nance of a system of old-age, 75; Resolution relative to, to dependents of those suffering from cancer or tuberculosis, 75; petition of the Massa- chusetts State Branch of the American Federation of Labor accompanied by Resolution providing that employers shall insure in a public fund for the benefit of injured employees, 75; Resolution relative to the establish- ment of a state fund for workmen's compensation, 75; report (submitting certain conclusions and resolutions), 91, 170 (remonstrance), 656, 660, 661 (quorum roll-call); Resolution (substituted) relative to the establish- ment of systems of social insurance, 663, 744 (second reading); rejected, 747. Resolution providing for old-age, 749, 797; placed on file, 811. PERRY, AUGUSTUS W. (of Boston). Committee, 45; dissents, 88; leave of absence, 200, 344, 440, 868; war service, 615. Personal property, taxation of. See "Taxation." PETERSON, PATRICK (of Brockton). Committee, 45; dissents, 88. Petitioning for legislation, procedure in. See "General Court." Physical education, encouragement of. See "Education." PILLSBURY, ALBERT E. (of Wellesley). Committees, 21, 43, 45, 170, 615, 845, 869; resolution, 864; reports, 90 (2), 171, 206 (2), 237, 245, 246, 428, 617, 797, 816; presides, 123, 124, 133 (ruling), 139 (2), 190 (2), 203 (2), 205, 206, 237, 245, 246, 648-652, 765; motions, etc., 62, 79, 80, 123, 192, 205, 206, 219, 230, 234, 237, 245, 246, 275, 303, 382, 465, 520, 617, 619, 626, 665, INDEX. 951 789 (2), 792 (2), 805, 841, 861 (2), 864 (2); amendments, 125, 258, 264, 267, 268, 269 (2), 270, 318, 328, 379, 437, 483 (2), 506, 523, 593, 619, 730, 778, 790 (2), 793, 794, 803, 804 (2). Police power. Resolution relative to extending the application ["stress of modern warfare"] of the decisions of the Supreme Judicial Court as to the, so called, 47; reported without recommendation, 89; report accepted, 637; requests to take same from the files (denied), 665, 668. Resolution relative to the application of the decisions of the Supreme Judicial Court as to the, so called, 669; placed on file, 679. Resolution declaring the determination of the limits of the, so called, to be a legislative function, 673; placed on file, 678. Poll taxes. See "Taxation." Poor debtors. Order (Brown of Brockton) providing for a report on further pro- tection against unjust and oppressive imprisonment of, 77; report (no action necessary), 91, 156, 158; accepted, 161. Porters of the State House, extra compensation for the. See "Constitutional Con- vention." POWERS, SAMUEL L. (of Newton). Committees, 21, 43 (2), 149, 837; resolutions, 69 (2); petition, 114; reports, 30, 149, 659; dissents, 118, 505; motions, 30, 134, 149, 154, 196, 201, 207, 244 (2), 280, 306, 372 (2); amendments, 172, 185, 291, 296 (2), 315; presides, 733-735. Practical mechanics, employment of, on construction work. See "Labor." Preamble, amendment of the. See "Constitution, Preamble of the." President of the Convention. Election of a, 13 (yeas and nays on method of pro- cedure), 16 (nominating speeches), 16 (roll-call). Hon. John L. Bates declared elected as, 19; election of, made unanimous, 19; remarks of the, 19, 57, 151, 177, 241, 357, 615, 627, 797, 806, 837, 845, 846, 853, 870. Committees appointed by the, 21, 43, 837 (2). Authorized to select chaplains, 21. Monitors appointed by the, 24. Special seats assigned by the, 26. Approval by the, of the printing of certain documents, 33. Authorized to appoint special committees during the recess of the Convention, 575; and directed to serve as chairman of all such committees, 604. Resolution (adopted) of appreciation of the services of the, 844. Press, liberty of the. See "Rights." Primary elections. See "Elections." Printing. Secretary authorized to employ the legislative printers, 23, 51, 55. Private institutions, inspection of. See "Charitable Institutions." Private property, compensation for the taking of. See "Rights." Private, special and local matters, orders and petitions relating to. See "Council;" " General Court."- Privilege, questions of: Mr. Wonson of Gloucester, 33; Mr. Gleason of Andover, 33; Mr. Chase of Lynn, 67; Mr. Boyden of Deerfield, 110; Mr. Willett of Norwood, 233; Mr. White of North Brookfield, 764. Limited to five minutes (Rule 45), 245. Privileges. Resolution relative to the revocation or alteration of grants, franchises, or immunities, 60; reported adversely, 84; rejection negatived, 649, 742 (second reading), 743, 775 (.third reading), 782; submitted to the people, 812, 831, 849. See "Public Officers." Resolution relative to prohibiting the granting of special, to individuals, cor- porations or associations, 60; . reported adversely, 84; rejected, 649. 952 INDEX. Probate, registers of, appointment of. See "County Officers." Problems caused by the war, proposed special recess committee to consider. See "War, Changes Caused by." Professions and business. See "Women." Prohibition, state-wide. See "Intoxicating Liquors." Property, taking of, for public uses. See "Land, Taking of;" "Landmarks." Property rights. See "Judicial Procedure;" "Labor;" "Natural Resources;" "Rights;" "Taxation." Proportional representation. See "General Court." Proportional taxation. See "Taxation." Public Affairs, committee on. Authorized, 24; appointed, 44; references, 48, 54, 60, 73, 74, 82, 88; time extended, 87, 117, 133, 155, 170; reports, 83, 84 (5), 85 (6), 90 (5), 92, 160, 171. Public defender. Resolution relative to establishing the office of, 72; reported adversely, 96, 123, 126; rejected, 127. Resolution relative to the election of a, 72; reported adversely, 96, 123, 126; rejected, 127. Resolution relative to the providing of counsel for defendants charged with state prison offences, 72; reported adversely, 96, 124, 126; rejected, 127. Public education . See ' ' Education . ' ' Public employees. See "Civil Service." Resolution to authorize the payment of bonuses to deserving, 73; reported adversely, 98; rejected, 630. Public funds. Resolution to prohibit the support of institutions from, 47; remon- strances, 69, 81, 104, 110, 114, 127, 160; Resolution to establish religious freedom and to prevent appropriations of public moneys for the support of denominational institutions, 50; Resolution to prohibit the support of sectarian institutions from, 53, 58; petitions in aid, 58, 68, 81, 103, 104, 110, 114, 127, 160; Resolution relative to appropriations for sectarian purposes, 69; Resolution (reported) relative to the support of certain institutions from, 89, 112, 113, 116 (2), 116 (statement ordered printed), 119, 120 (new draft), 120 (2), 122, 167 (amendments), 171 (amendments), 173 (statements ordered printed), 183 (amendments), 184 (amendments), 185 (yea and nay on passing to be engrossed), 188 (statement ordered printed), 193 (remonstrance of the State Board of Agriculture), 200; sub- mitted to the people, 202, 307, 316, 323, 331, 336, 344; report of adoption, 616, 846. Order (Edwin U. Curtis of Boston) providing for printing the report of the committees on Rules and Procedure and Amendment and Codification of the Constitution relative to placing on the ballot the article of amendment contained in the Resolution relative to the support of certain institutions from public funds, 336; adopted, 344; report reprinted, 393. Resolution relative to appropriations for vocational, trade and textile schools, 69; reported adversely, 84, 123, 124; rejected, 127. Resolution relative to the expenditure of public moneys [entertaining hereditary representatives of foreign states], 862; refused consideration, 863, 869 (motion to reconsider). Public institutions, inspection of. See "Charitable Institutions." Public loans, state supervision of. See "Loans." Public markets. See "Necessities of Life." Public officers. See "Candidates;" "Judicial Officers;" "Rights;" "State Officers." INDEX. 953 Resolution relative to the appointment of certain, to public office while holding positions in the public service, 54; reported adversely, 98; rejected, 704. Resolution to prevent the granting of special privileges and creating class dis- tinction among the people of this Commonwealth [by return of, to private life], 58; new draft reported, 89; 655 (second reading); recommitted, 733; reported adversely, 785; rejected, 803, 808. Resolution relative to empowering the Governor to remove from office certain officials elected by the people, 58; reported adversely, 93; rejected, 704, 706. Resolution relative to the incompatibility of offices [notaries public], 61; re- ported adversely, 98; rejected, 644. Resolution authorizing the General Court to pass laws providing for the recall of state and county officers, 61; reported adversely, 98; rejected, 654. Resolution relative to the removal [by the Governor] of certain elected officers, 70; reported adversely, 93; rejected, 654. Resolution relative to the terms of office [not more than three] of elective officers (refused consideration), 863. Public ownership. See " Landmarks;" "Necessities of Life." Resolution relative to empowering cities and towns to acquire, own and operate public utilities, 60; reported adversely, 84; rejected, 649. Resolution to provide for municipal ownership of plants for the manufacture, use and sale of gas and electricity, 74; reported adversely, 84; rejected, 650. Resolution to provide for, of all public utilities and for the conservation of the water powers of the Commonwealth, 74; reported adversely, 85; rejected, 638. Resolution to provide for the ownership, purchase and operation of public utilities, 74; reported adversely, 85; rejected, 643. Resolution to authorize the taking of public utilities or any part or parts thereof, 74; reported adversely, 85; rejected, 638. Petition of the Massachusetts State Branch of the American Federation of Labor accompanied by Resolution providing for state, county and mu- nicipal ownership of public utilities, 74; report (leave to withdraw), 83; accepted, 643. Resolution relative to the, and operation of street railways, 74; reported ad- versely, 85; rejected, 649. Public schools. See "Education." Resolution relative to leave of absence with pay for teachers in the, 58; re- ported adversely, 93; rejected, 666. Public service. Resolution relative to the interruption or impairment of any [or the operation of any public utility] (refused consideration), 864 (yea and nay). Public Service Commission. Resolution providing for the election of the members of the, 76; reported adversely, 98; rejected, 669. Public utilities. See "Public Ownership;" "Public Service." Public welfare. See "Rights." PUTNAM, HARRY B. (of Westfield). Committee, 44; motions, 211, 764; amend- ments, 436, 468, 470. 954 INDEX. Q. Qualifications of candidates. See "Candidates." Qualifications of voters. See "Voters." QUINCY, JOSIAH (of Boston). Committees, 21, 43, 44, 615, 713; resolutions, 70, 843; reports, 88, 89, 128 (2), 334, 427; dissents, 266; presides, 128 (2), 307; motions, etc., 13, 23, 29, 35, 46, 47 (2), 67, 108, 111, 112, 113, 128 (2), 233, 267, 269, 280, 310, 335, 345, 382, 545 (2), 548, 648, 653, 659 (2), 668, 705, 706, 712 (2), 768, 844, 845; amendments, 221, 234 (3), 249, 264, 269, 278, 290, 342, 343, 347 (3), 370, 373, 382, 401, 404, 416, 419, 425 (2), 449, 513, 516, 545 -(2), 546, 547, 548, 562, 563, 588, 589, 590 (2), 593, 650, 710. QUINN, TIMOTHY F. (of Sharon). Committee, 43; reports, 84, 94 (2); motions, 327, 863. Quorum [of the Convention and Committee of the Whole], 7, 140, 144, 158, 165, 167, 190, 192, 195, 201, 204, 206, 207 (roll-call), 210, 214 (roll-call), 220, 221, 228, 231, 232, 246, 251 (roll-call), 256 (roll-call), 260 (2), 264, 269, 277, 286, 288 (roll-call), 290, 292, 293, 299 (roll-call), 306, 307, 312, 317, 320, 326, 327, 339, 352, 356, 357, 368, 372, 382, 383 (roll-call), 391 (roll- call), 399 (roll-call), 405, 412 (roll-call), 418, 423, 440 (roll-call), 447 (roll- call), 453, 466, 481, 504, 509, 518, 520, 526, 545, 557, 560, 631 (roll-call), 633 (roU-caU), 634, 638, 639 (roll-call), 644, 645, 650, 654, 655, 660, 661 (roll-call), 662, 667, 669, 671 (roll-call), 675, 680, 681 (roll-call), 684 (roll- call), 688 (2), 702 (roll-call), 709 (roll-call), 710, 717 (roll-call), 721, 736 (roll-call), 744 (2), 751, 761, 772 (roll-call), 782, 785, 790, 805, 811, 857 (roll-call). R. Rates, assessments and taxes. See "Taxation." RAY, HERBERT L. (of Sutton). Committee, 45. Real estate, assessment of. See "Taxation." Rearrangement of the Constitution, special committee on. Order (reported) pro- viding for a, to rearrange the Constitution after submission to the people of the proposed amendments, 807, 820 (adopted), 838 (expenses); com- mittee appointed, 845; reported, 859; expression of appreciation, 869. Order (adopted) authorizing a sub-committee of the, to correct errors and establish the text of the rearrangement, 869. Recall of certain officials. See "Judges;" "Public Officers;" "State Officers." Recess committees and commissions. See "Committees;" "General Court." Referendum. See "Constitution of the United States, Amendment of the;" "Initia- tive and Referendum." Registers of probate, appointment of. See "County Officers." Registration of voters. See "Voters." REIDY, MICHAEL J. (of Boston). Committee, 43; reports, 81, 93, 94; motion, 545. Religion. Resolution relative to the free exercise of, 69; reported adversely, 92, 111, 113; rejected, 115. Religious freedom. See "Public Funds." Removal from office. See "Public Officers." Reservoirs. See "Natural Resources." RICHARDSON, EDWARD A. (of Ayer). Committee, 44; petition, 127; report, 100; dissents, 115; motion, 628; announcement of the death of, 862; adjourn- ment as a mark of respect, 862. INDEX. 955 RICHARDSON, JAMES P. (of Newton). Committees, 45, 845; resolutions, 54, 57; reports, 81, 89, 824; motions, etc., 107, 108, 195, 238, 275, 279, 356, 412, 534, 539, 590, 637, 653 (2), 733, 742, 769, 803, 805, 806, 815, 867; amend- ments, 168, 185, 221, 234, 279, 281, 290, 337, 438, 489, 491, 493, 508, 531, 534, 727 (2), 731, 735, 780, 782; leave of absence, 244, 557, 664. RIEUTORD, Louis O. (of Southbridge) . Committee, 44; motions, 503, 791. Rights. See "Judicial Procedure;" "Labor;" "Natural Resources;" "Religion;" "Taxation;" "Voters." Resolution providing that the, of individuals shall not prevent public authorities from controlling business enterprises in the interest of public welfare, 50; reported adversely, 83, 111, 113; rejected, 115. Resolution relative to the use of private property for public purposes, 68; re- ported adversely, 83, 123, 125; rejected, 127. Resolution relative to the law of the land, 68; reported adversely, 92, 124, 126; rejected, 127. Resolution providing that the enumeration of, shall not impair or deny other, of the people, 69; reported adversely, 92, 156, 158; rejected, 161. Resolution relative to the liberty of speech and of the press and of all important recognized media of thought transmission utilized to affect public opinion, 69; reported adversely, 92, 132 (2); rejected, 136. Petition of Conrad Reno accompanied by Resolution relative to industrial, and social justice, 74; report (leave to withdraw), 92; accepted, 655. Petition for a hearing (on the preceding resolution) in the city of Spring- field, 103; report (inadvisable), 117; accepted, 122. Communication relative to providing reasonable compensation when the public exigencies require life, liberty or property to be appropriated to public uses (placed on file), 144. ROBBINS, EDWARD J. (of Chelmsford). Committee, 45; reports, 98, 798 (2); leave of absence, 726. ROBINSON, GEORGE H. (of Sturbridge). Committee, 44; motion, 791. Roll-calls. See "Quorum;" "Yeas and Nays." Roosevelt, Lieutenant Quentin. Order (Washburn of Worcester) for a special com- mittee to draft resolutions of sympathy with Colonel and Mrs. Theodore Roosevelt in the death of their son, 713; committee appointed, 713; resolu- tions reported and adopted, 713; acknowledgment, 755. Ross, SAMUEL (of New Bedford). Committees, 21, 43, 44; resolutions, 57, 61; motions, 133, 290, 291, 293, 401, 428, 429, 431, 433, 442; amendments, 516, 585; dissents, 119, 797; leave of absence, 635. Rules. See "Whole, Committee of the." Of the House of Representatives adopted as temporary, of the Convention, 21. Permanent, adopted, 35-42, 182, 245, 428, 617-624, 800. Pamphlet containing the, 46, 624, 636. Order (Bouve* of Hingham) proposing an amendment of Rule 32 (relative to procedure in Committee of the Whole), 165; rejected, 167. Order (Bodfish of Barnstable) proposing an amendment of Rule 34 (relative to reports of the Committee of the Whole), 165; report (consolidating Rules 33 and 34), 171; adopted, 182. Order (Dutch of Winchester) requesting the committee on Rules and Procedure to report amendments of Rules 32 and 18 relative to limiting debate, 205; withdrawn, 209. Order (Sawyer of Ware) proposing an amendment of Rule 45 relative to ad- journment for more than seven days (committed), 219. [No report.] 956 INDEX. Rules Concluded. Order (reported by the committee on Rules and Procedure) recommending amendments of Rules 45, 15 and 2 (adopted), 245. Rule 28 (relative to the duties of the committee on Form and Phraseology) amended (on recommendation of the committee on Rules and Procedure), 312, 428. Order (Besse of Newburyport) instructing the committee on Rules and Pro- cedure to sit during the recess and to report new, that will tend to expedite the business of the Convention, 370; amended and adopted, 378; report (recommending amendments of Rules 18, 19, 27, 32, 33, 34, 37, 45, 46, 47, 56), 617, 620 (yea and nay), 622 (yea and nay); accepted, 624. Motion (Underbill of Somerville) proposing an amendment of Rule 49 (relative to calling the yeas and nays), 629; rejected, 658. Order (O'Connell of Boston) relative to the expediency of amending the, so as to give every member of a committee reporting a measure an opportunity for speaking thereon (rejected), 679. Order (Williams of Brookline) proposing an amendment of Rule 18 further limiting debate, 791; adopted, 800. Rules and Procedure, committee on. See "Constitutional Convention." Authorized, 21, 24; appointed, 21, 43, 260; assistants, 23. Secretary's and Sergeant-at- Arms' assistants to be approved by the, 22, 673, 862. Authorized to have printed a bulletin of committee hearings and a daily list of committee hearings, 46. Authorized to sit during a session of the Convention, 330. Authorized to designate some member to approve bills during the recess, 494. Authorized to incur expenses during the recess of the Convention for printing, mailing, clerical assistance and other purposes, 575, 605. References, 30, 34, 42, 49, 52, 62, 67 (2), 103, 111, 116, 117, 160, 165 (2), 182 (3), 184 (2), 196 (2), 202, 205 (2), 209, 211, 216 (2), 218 (4), 219 (2), 223, 245, 246, 266, 273, 278, 280, 281 (2), 287, 292, 303, 312, 320, 336, 345 (3), 368, 370, 378, 393, 423 (2), 424, 465, 495, 602, 616, 624, 629 (2), 648, 659, 665, 668, 669, 673 (2), 679, 708, 749, 772, 807, 816, 839, 840 (2), 861, 862 (3). Reports, 24, 25, 28, 30, 31, 33, 34, 51, 67, 114, 117 (2), 118, 167 (2), 171, 194, (4), 195, 207, 223, 224 (2), 236, 244 (2), 245, 266, 281, 307, 315, 332, 334, 336, 344, 356, 360, 377, 393 (2), 427 (2), 428, 501, 505 (2), 602, 603, 606, 608, 617, 625, 636, 658 (2), 659, 678 (3), 679, 749, 797, 816, 817, 822 (16), 841 (3), 863 (2), 864, 866. RUSSELL, WALTER F. (of Brockton). Announcement of the death of, a member- elect from the Tenth Plymouth Representative District, 66; adjournment as a mark of respect, 66. Also see 615. Order providing for a payment to the widow of, 131; committed, 136; reported, 191; adopted, 195. Russian (War) Mission, reception of the, 175-181, 852. s. Salaries. See "Judicial Officers." SAUNDERS, AMOS T. (of Clinton). Committee, 44; motions, 275, 327, 361, 762. SAWYER, ROLAND D. (of Ware). Chaplain, 28, 43, 127, 236, 356, 391, 503, 668, 726; committee, 43; resolutions, 47 (2), 48 (3), 51, 629, 669; reports, 99 (3); dissents, 98, 99; motions, etc., 22, 26, 116, 172, 183, 219, 220, 233, 236, 245, 258, 275, 291, 293, 319, 321, 345, 356, 357 (2), 426, 447 (2), 502, 503, 517, 518, 548, 557, 628 (2), 629 (2), 659, 662, 668, 669 (3), 679 (2), 684, 694, 696, 807; amendments, 221, 274, 342, 517, 523, 539, 576, 577, 619, 620, 625, 748, 750. INDEX. 957 Schools, appropriations for. See "Public Funds." School teachers, leave of absence (with pay) for. See "Public Schools." SCIGLIANO, ALFRED P. (of Boston). Committees, 44, 57; resolution, 76. Scrubwomen of the State House, extra compensation for the. See "Constitutional Convention." Seats, assignment of, 26, 46. Secretary of the Commonwealth. See "Constitution, Amendments of the;" "Council." Calls the roll of persons whose certificates of election had been returned to his office as the duly elected delegates to the Convention, 7. Official copy of the Journal of the Convention ordered to be deposited with the, 23. Proposed appointment of. See "Governor;" "State Officers." Secretary of the Convention. See "Constitutional Convention." James W. Kimball of Swampscott elected as, 13; qualified, 13; compensation, 62, 108, 111, 604, 673, 732, 743, 862, 867. Authorized to appoint an assistant secretary and other assistants, 22, 28, 171, 705, 862, 867. Authorized to print the Journal daily, 23. Authorized to contract for the printing of the Convention, 23, 51. Authorized to provide for stenographic reports of proceedings, 30. Instructed to make up the pay-roll of travelling expenses, 33. Instructed to have printed such reports and other papers as may be approved by the President, 33; a diagram showing the arrangement of seats, 46; a docket for the Committee of the Whole, 80; a summary of propositions favorably reported, 195. Instructed to obtain voting lists and to report the cost of printing and mailing certain information, 267, 287. Authorized to incur expense in connection with the rearrangement of the Consti- tution, 838. Resolution (adopted) of appreciation of the services of the, 845. Directed to make suitable record in the Journal of those members of the Con- vention who served in the war with Germany, 863. Sectarian appropriations. See "Public Funds." Order (Anderson of Newton) providing for printing additional copies of the bulletin on appropriations for sectarian and private purposes, 223; adopted, 244. Sectarian institutions, support of. See "Public Funds." Senate. Authority of the President of the, in case of vacancies in the offices of Governor and Lieutenant-Governor. See "Governor." Representation in the; abolition of the; Lieutenant-Governor as President of the. See "General Court." Separation of state and municipal revenues and expenditures. See "Taxation." Sergeant-at- Arms . See ' ' Constitutional Convention . ' ' Election of Thomas F. Pedrick of Lynn as, 21; communication from the, stating that the legislative rooms were ready for the use of delegates, 21; com- pensation of the, 62, 108, 673, 705, 732, 743, 862, 867. Serves as escort for guests of the Convention, 7, 20, 627, 837. Instructed to furnish daily papers for the delegates, 22, 628. Authorized to employ assistants, 22. Authorized to secure expert advice as to ventilating the Convention Chamber, 34. Instructed to provide for the protection of members of the Convention against the dropping of articles from the gallery, 303. 958 INDEX. Sergeant-at-Arms Concluded. Instructed to impound the documents and other property of delegates during the recess of the Convention, 575, 604. Resolution (adopted) of appreciation of the services of the, 845. Sex discrimination. See "Women." SHANAHAN, WILLIAM J. (of Somerville). Committee, 44; report, 104; leave of absence, 149; amendment, 249. SHATTUCK, JOSIAH B. (of Worcester). Committee, 44. SHAW, MICHAEL F. (of Revere). Committee, 44; resolutions, 76, 77; motions, 79, 105, 283, 687, 790; dissents, 104. SHEA, JOHN M. (of Dalton). Committees, 45, 357, 837; reports, 95, 96. SHEA, JOHN T. (of Cambridge). Committees, 44, 57; resolution, 47; dissents, 119; presides, 751. SHEEHAN, CHRISTOPHER A. (of Boston). Committee, 45; resolutions, 59, 60; motion, 713. SHERBURNE, NELSON (of West Springfield). Committees, 43, 837; motion, 78. Sheriffs, appointment of. See "County Officers." Sickness, insurance against. See "Pensions." Sights, smells and sounds, regulation of. See "Buildings." Signatures, obtaining of. See "Initiative and Referendum." Single tax on land values. See "Taxation." SKERRETT, MARK N. (of Worcester). Committee, 44; resolution, 74; report, 195; dissents, 119; motions, 191, 195, 331; presides, 195. Slaughter houses. See "Necessities of Life." Smells, sights and sounds, regulation of. See "Buildings." SMITH, JEROME S. (of Provincetown). Special seat, 26; committees, 43, 239; re- port, 95; motions, 694, 757. SMITH, RUTHERFORD E. (of Lynnfield). Committee, 45. Social insurance. See " Pensions." Social Insurance, committee on. Authorized, 24; appointed, 44; references, 48, 51, 54, 60, 61, 75, 82; reports, 82, 88, 91. Social justice and industrial rights. See " Rights." Social Law Library. Trustees of the, extend to members of the Convention the privileges of the library, 53. Social Welfare, committee on. Authorized, 24; appointed, 44; references, 54, 61, 75, 81; sittings, 114; time extended, 87, 117, 133, 155, 170; reports, 82, 91 (2), 119 (3), 182. Soldiers and sailors. Voting by absent. See "Constitution, Amendments of the." Record of members of the Convention who served in the war with Germany, 863; compensation, 868. Sounds, sights and smells, regulation of. See "Buildings." Souvenir of the Convention, 839. SPARRELL, ERNEST H. (of Norwell). Committee, 44. Special legislation, printing of a bulletin on, 665, 678. Special, local and private matters, orders and petitions relating to. See "Council;" "General Court." Special privileges, abolition of. See "Privileges;" "Public Officers." Speech, liberty of. See "Rights." Spirituous liquors. See "Intoxicating Liquors." State administration. See "Council." Resolution providing for a state board of control [appointed by the Governor] to replace existing commissions, boards and commissioners, 75, 104; Resolution to establish a commission on effective administration, 75, 104; INDEX. 959 Resolution for systematizing the, and providing for a state civil service commission and the appointment of the state auditor, 75, 104; Resolu- tion (reported) to provide for the more efficient administration of the business of the Commonwealth, 746, 780 (second reading); rejected, 783 (yea and nay); reconsidered, 785 (yea and nay), 787 (yea and nay), 804 (third reading), 820, 836; submitted to the people, 840, 843, 850. Resolution to provide against too frequent changes in the form of adminis- trative departments of the Commonwealth, 76; reported adversely, 98; rejected, 638. Resolution relative to the issuing of ordinances by departments, commissions, boards and other administrative agencies, 76; reported adversely, 98, 156; committed, 157, 158 (2). For two resolutions reported see "Council;" "General Court." Resolution relative to the separation of the departments of government, 76; reported adversely, 798; rejected, 808. Resolution to provide for the future reorganization of the business and public service departments, 76; reported adversely, 798; rejected, 808. State Administration, committee on. Authorized, 24; appointed, 44, 66; references, 54, 61, 75, 76, 88, 104, 155, 157; time extended, 87, 117, 133, 155, 170, 181, 196, 205, 218, 244, 266, 283, 306, 334, 367, 400, 427, 465, 503; reports, 92, 98 (8), 104, 691, 732 (4), 746 (4), 798 (7); sittings, 668. State boards and commissions. See "Governor;" "State Administration." Resolution providing for a supervising secretary of all state commissions to be appointed by the Governor, 61; reported adversely, 798; rejected, 808. State budget. See "State Finances." Bulletin (ordered printed) on, systems in the United States, 636. State constitutions, amendment of, printing of a bulletin on, 665, 678. State departments. See "Council;" "State Administration." State election. Resolution relative to the date for holding the annual, 48; reported adversely, 98; rejected, 654. State Finance, committee on. Authorized, 24; appointed, 43; references, 54, 61, 76, 111, 680; time extended, 87, 117; reports, 88 (2), 91 (2), 111, 131; sittings, 705. State finances. See "Taxation." Resolution providing for an executive budget, 54; Resolution providing for a state budget, for the veto of items therein and for state financial super- vision of public loans (see "Loans"), 76, 111; Resolution to provide for establishing a state budget system, 76; Resolution relative to providing for the submission by the Governor of an executive budget, 76; Resolution to provide for the extension of the veto power of the Governor to separate items of appropriation bills, 76; Resolution (reported) providing for a state budget and the veto by the Governor of items or parts of items in appropriation bills, 91, 692 (second reading), 699, 759 (third reading), 760, 762 (yea and nay on amendment), 764 (question of privilege), 800, 808; sub- mitted to the people, 819, 834, 849; placed in rearranged Constitution, 860. Resolution relative to establishing a restriction of state debt, 61; Resolution relative to granting the credit of the Commonwealth or its subdivisions (see "Loans"), 76; Resolution relative to the manner in which the General Court may authorize the issuance of bonds (see "Loans"), 76; Resolution (reported) relative to loaning the credit of the Commonwealth and the contracting of state debt, 91; recommitted (second reading), 680; reported, 726, 768, 803 (third reading), 808; submitted to the people, 820, 834, 849; placed in rearranged Constitution, 860. 960 INDEX. State House employees, compensation of, for extra services performed. See "Con- stitutional Convention." State insurance. See "Insurance Fund;" "Pensions." State Librarian. Order (Anderson of Newton) providing for depositing with the, a complete set of the Convention's publications for presentation after the war to the library of the University of Louvain (adopted), 815. Statements by accused persons. See "Judicial Procedure." State officers. See "Biennial Elections;" "Election Laws;" "Public Officers." Resolution providing that the Secretary of the Commonwealth, Treasurer and Receiver-General, Auditor of the Commonwealth and Attorney-General be appointed by the Governor, 54; reported adversely, 798; rejected, 808. Resolution relative to the manner of choice [joint legislative ballot] of Secretary of the Commonwealth, Treasurer and Receiver-General, Auditor of the Commonwealth and Attorney -General, 61; reported adversely, 798; re- jected, 808. Resolution providing for a four-year term for elective, including a recall pro- vision in the case of Governor, 76; reported adversely, 98; rejected, 674. Resolution relative to the appointment of certain [state] officers by the Gov- ernor, 76; reported adversely, 798; rejected, 808. State ownership of public utilities. See "Public Ownership." State printers. Secretary authorized to contract with the, for the Convention printing, 23, 51. Authorized to furnish publications for other states, 46. Statutes, constitutionality of. See "Courts." Statutory orders, passing of. See "Council." STEARNS, HARRY N. (of Cambridge). Committee, 45; resolution, 69; motions, 30, 87, 126. Stenographic reports of proceedings of the Convention, 30, 494, 648, 658. STOEBER, CHARLES (of Adams). Committee, 43; resolution, 60; petition, 114; report, 92. STONEMAN, DAVID (of Boston). Committees, 45, 149; resolution, 54; reports, 96, 97; motions, 149, 668; amendment, 291, 296; presides, 666. Storage warehouses. See "Food;" "Necessities of Life." Street railways, public ownership of. See "Public Ownership." Subways and tunnels, construction of. See "Labor." Suffolk County senatorial districts. See "General Court." Suffrage, right of. See "Voters." Suffrage, committee on. Authorized, 24; appointed, 43; references, 48, 51, 54, 59, 61, 62, 77; reports, 85 (6), 91, 98 (3), 99 (8). SULLIVAN, EDMUND G. (of Salem). Committees, 45, 837; resolutions, 863 (2); reports, 96, 97; motions, etc., 137, 142, 190, 192, 205 (2), 212, 221, 236, 280, 355, 424, 485, 495 (2), 505, 603, 611, 631, 654, 706, 707, 782, 785, 787, 811, 863 (2); amendments, 401, 655, 656 (3), 751, 752; presides, 820. SULLIVAN, JOSEPH M. (of Boston). Order (Quincy of Boston) providing for giving James J. Mullen, Jr., and (of Boston), seats in the Convention with one- half vote each, 47; resolution reported (giving seat to), 63; adopted, 78; qualified, 79; committee, 79; compensation, 87; dissents, 90. SULLIVAN, MICHAEL A. (of Lawrence). Committee, 45; resolutions, 68 (2), 72; motions, 85, 486, 720; amendments, 517, 562 (2); leave of absence, 494. SULLIVAN, WILLIAM H. (of Boston). Committee, 43; resolutions, 54, 59, 60, 71, 74; reports, 84, 89, 92, 785; motions, 16, 233, 551, 869; amendments, 373, 439, 498, 516, 526, 639, 640, 662, 663. SULLIVAN, WILLIAM J. (of Boston). Committee, 44; motion, 678. INDEX. 961 Superior Court. See "Courts." Supervising secretary. See "State Boards and Commissions." Support of certain institutions. See "Public Funds." Supreme Judicial Court. See "Constitution, Amendments of the;" "Judicial Pro- cedure;" "Police Power." Authority of the, in construing the constitutionality of law. See "Courts." Resolution relative to the authority of the Governor, Council and General Court to request opinions of the, 72; reported adversely, 96; rejected, 638. Order (Pillsbury of Wellesley) relative to the expediency of substituting the words "Supreme Court" for the words, wherever they occur in the Consti- tution, 80; report (inexpedient), 118; rejected, 729. See "Legislature." Order (Bennett of Saugus) requesting the justices of the, to answer certain questions relating to the Constitution of the Commonwealth and to the method and right of amending the same, 80; rejected, 100. Surtax (graduated) on large incomes. See "Taxation." SWEENEY, EDWARD A. (of Attleboro). Committee, 44; motion, 330; leave of absence, 392. SWEET, JOSEPH L. (of Attleboro). Committee, 44; motion, 392; dissents, 119 (2); leave of absence, 330. SWIG, Louis (of Taunton). Committees, 43, 175, 845; resolutions, 50 (3), 51; report, 83; dissents, 92; motions, 202, 207; amendments, 226, 247, 371, 372, 439, 495, 496; presides, 509; leave of absence, 708. T. TALBOT, HARRY R. (of Plymouth). Committee, 44. TATMAN, CHARLES T. (of Worcester). Committee, 43; reports, 84, 94; amend- ment, 290; leave of absence, 642; motion, 708. Taxation. See "Pensions." Resolution relative to the levying of a graduated income tax, 48; Resolution relative to authorizing the Legislature to levy a graduated surtax on large incomes, 51; Resolution providing for striking out the requirement that all assessments, rates and taxes be proportional, 54; Resolution to remove restrictions upon the taxing power of the General Court, 62; Resolution (reported) relative to the power of the General Court to impose and levy taxes, 104, 671 (second reading) (quorum roll-call), 674 (yea and nay), 750 (third reading), 752 (yea and nay on amendment); rejected, 754, 755. Resolution relative to the exemption from taxation of certain real estate held and used for homestead purposes, 48; reported adversely, 99; rejected, 637. Resolution for a special tax to provide pensions for the aged and needy, 54, 82; reported adversely, 104; rejected, 665. Resolution requiring proportional, of the franchise value of business corpora- tions, 54; reported adversely, 104; rejected, 680. Resolution providing for compensating cities and towns for loss of, on property of educational institutions, 55; reported, 115, 676 (second reading); re- jected, 680. Resolution relative to the levying of poll taxes [ten cents on each dollar of the tax rate], 55; reported adversely, 99; rejected, 630. Resolution providing for the complete separation of the revenues and expendi- tures of the Commonwealth from those of the cities and towns, 62; re- ported adversely, 100; rejected, 630. 962 INDEX. Taxation Concluded. Resolution to authorize the imposition and collection of poll taxes at varying rates for the purpose of inducing the full exercise of voting rights, 77; re- ported adversely, 99; rejected, 674. Resolution relative to uniformity in real estate assessments for, 77; reported adversely, 100; rejected, 643. Resolution to provide a limit to tax exemptions, 77; reported adversely, 100; rejected, 637. Resolution to provide for the single tax upon land values, 77; reported ad- versely, 100; rejected, 665. Resolution relative to authorizing the single tax, 77; reported adversely, 100; rejected, 674. Resolution to provide for true, complete and accurate returns of all personal properties which may be subject to, 77; reported adversely, 100; rejected, 653. Resolution relative to making uniform the application of all statutes relating to the, of property, 77; reported adversely, 104; rejected, 680, 687. Resolution to provide for full publicity of tax assessments, 77; reported ad- versely, 100; rejected, 680. Resolution relative to, of real estate, 77; reported adversely, 100; rejected, 643. Resolution granting power to the General Court to levy taxes on persons and property of alien residents, 77; reported adversely, 100; rejected, 637. Resolution relative to the, of agricultural or farming lands and products, 77; reported adversely, 100; rejected, 643. Resolution relative to, of real estate and incomes, 77; reported adversely, 100; rejected, 665. So much of the Resolution providing for home rule for cities and towns as relates to the power of municipalities to "classify property for, at varying rates" and to "exempt any class of property from", 81; reported ad- versely, 99; rejected, 649. So much of the Resolution to provide for a larger measure of home rule for cities and towns as relates to the power of municipalities "to exempt classes of property from", 81; reported adversely, 99; rejected, 637. Statements (ordered printed) relative to the, of church, charitable and educa- tional institutions, 188, 191. Taxation, committee on. Authorized, 24; appointed, 44; references, 48, 51, 55, 62, 77, 81, 82; time extended, 87; reports, 99 (5), 100 (11), 104 (4), 115. Teachers, leave of absence (with pay) for. See "Public Schools." Tenth Plymouth Representative District. Filling the vacancy in the membership of the Convention from the. See "Constitutional Convention;" "Russell, Walter F." Textile schools, appropriations for. See "Public Funds." THELLER, RALPH L. (of New Bedford). Committee, 43; resolutions, 50 (2), 54; dissents, 91; leave of absence, 306, 505; amendments, 419, 714, 747; motion, 759. THOMPSON, EDWARD (of Beverly). Committee, 44; resolutions, 74 (2), 75. THOMPSON, HUBERT C. (of Haverhill). Committees, 45, 175; dissents, 83, 89; motions, 321, 367, 518, 519, 603; leave of absence, 648. THOMPSON, JOHN L. (of North Attleborough). Committee, 44; dissents, 118; amendments, 201, 421; motion, 687. TILTON, RUFUS H. (of Springfield). Committees, 44, 175, 837; resolution, 70; reports, 99 (2); dissents, 115. Trade schools, appropriations for. See "Public Funds." INDEX. 963 Treasurer and Receiver-General. See "Council;" "Liberty Loan Bonds." Proposed appointment of the. See "State Officers." Proposed subscription by the, for Liberty Loan bonds for members of the Con- vention, 30. Requested to accept waivers of salaries of absent members of the Convention and to dispose of sums so waived to the Red Cross or other designated charity, 781, 789, 792. Change of name of the, 861. TREFRY, WILLIAM D. T. (of Marblehead). Committee, 44; reports, 100 (2); dis- sents, 115; motions, 52, 110, 190, 206, 671. Trial by jury. See "Judicial Procedure." Tuberculosis, dependents of persons suffering from. See "Pensions." Tunnels and subways, construction of. See "Labor." TURNER, JOSEPH (of Fall River). Committees, 44, 175, 837; leave of absence, 791. TWOMEY, JOHN C. (of Lawrence). Committee, 46; resolutions, 68, 72 (4), 75; report, 191; motions, 112, 130, 494, 868; amendments, 501, 576, 609. Typewriting facilities for members. See "Constitutional Convention." u. UNDERBILL, CHARLES L. (of Somerville). Committees, 13, 21, 43, 44; resolution, 625; presides, 141, 142, 172, 356-360, 363, 717; reports, 90, 141, 142, 167, 194, 207, 505, 658, 678; dissents, 51, 679; motions, etc., 13, 26 (2), 28 (2), 34, 49, 80, 116, 141, 142, 154, 211, 216, 245, 275, 290, 298, 355, 390, 426, 428, 431, 433, 452, 464 (2), 609, 622, 626, 629 (2), 639, 649, 654, 658, 665, 677, 679, 688, 700, 702, 719, 740, 756, 761 (2), 762 (2), 763, 867; amendments, 227, 236, 405, 424, 501, 576, 607, 608, 609, 655, 656, 759, 761, 782 (3), 803, 804, 839. Unemployment insurance. See "Pensions." Universities. See "Education." v. Vacancies, filling of. See "Constitutional Convention;" "Governor." Ventilation of the Convention Chamber, 34. Verdicts of juries. See "Judicial Procedure." Veto of items in appropriation bills. See "Governor;" "State Finances." Vocational schools, appropriations for. See "Public Funds." Voters. See "Taxation." Resolutions to provide for absentee voting, 51, 54; Resolution empowering the General Court to provide by law for absent voting, 61; Resolution to provide for voting by persons unable for valid reasons to attend the polls, 77; Resolution (reported) to provide for absentee voting, 91, 218, 224, 231, 246, 256 (first reading), 264 (second reading), 267 (third reading), 273; submitted to the people, 281, 307, 308, 313; report of adoption, 616, 846. Order (Newton of Everett) providing for the consideration of absentee voting immediately after the disposition of the initiative and referendum, 218; new draft reported, 224; adopted, 231, 246. Resolution relative to compulsory voting at elections, 76; reported adversely, 99; rejected, 692; reconsidered, 694 (yea and nay); rejection negatived, 696 (yea and nay), 756 (second reading), 757 (yea and nay on ordering to a third reading), 794 (third reading) (yea and nay), 797; rejected, 812 (yea and nay); reconsidered and submitted to the people, 817 (yea and nay), 833, 849. 964 INDEX. Voters Concluded. Resolution providing that all persons qualified to become legal, shall register and vote at elections, 51; reported adversely, 99; rejected, 692. Resolution reducing the length of time required as a qualification for registra- tion and voting, 61; reported adversely, 85; rejected, 630. Resolution making aliens who have declared their intention of becoming citizens qualified to vote, 61; reported adversely, 99; rejected, 630. Resolution to provide for equal rights of, for all citizens regardless of sex, 76; reported adversely, 98; rejected, 665. Resolution relative to the qualifications of, 76; reported adversely, 99; re- jected, 666. Resolution to enable persons who have declared their intentions to become citizens of the United States to vote in city and town elections, 76; re- ported adversely, 99; rejected, 630. Resolution providing for equal suffrage for men and women, 62; reported adversely, 98; rejected, 665, 669. Order providing for printing bulletins on compulsory voting and absentee voting, 62; new draft adopted, 67. Communication from the Governor recommending an amendment providing for voting by absent soldiers and sailors (placed on file), 256. w. WALCOTT, ROBERT (of Cambridge). Committee, 43; resolutions, 58 (2), 71, 76 (2); report, 92; dissents, 89, 92 (2); motions, 92, 808; amendments, 247, 418, 419, 421, 744, 751, 752, 803, 804. WALKER, GEORGE (of New Bedford). Committees, 45, 357, 837; resolution, 75; report, 90; motion, 678; leave of absence, 133. WALKER, JOSEPH (of Brookline). Committees, 21, 43 (2), 845; resolutions, 47, 61; reports, 118, 194, 223, 224, 833; dissents, 266, 396; presides, 101, 212, 290, 635-641; motions, etc., 31 (2), 34, 144, 181, 184, 193, 194, 218, 251, 273, 292, 293, 303, 304, 305, 336, 340, 347, 348, 350 (2), 352, 353, 363, 374, 394, 396, 402, 406, 408 (2), 410, 414, 416, 423, 450, 453, 464, 466 (2), 468, 471, 473, 476, 481, 483, 489, 491, 498, 506 (2), 520 (2), 523, 526, 531, 534, 540, 551, 563, 568, 580, 582, 585, 602 (3), 606 (2), 633, 650, 678, 694, 710, 750, 838, 845, 853; amendments, 225, 237, 307, 310, 337 (3), 342 (2), 343, 371, 372, 425, 436, 455, 458, 460, 461 (4), 463, 466, 468, 506, 580, 607, 608, 666, 669, 670, 715, 751, 752, 782 (2). WALSH, DAVID I. (of Fitchburg). Special seat, 26; committees, 19, 21, 43, 44, 170; resolutions, 51, 70, 72, 76, 77 (2), 844; motions, etc., 117, 266, 269, 599, 845; dissents, 266; leave of absence, 648, 705. War, changes caused by. Special recess committee on problems relating to the, 615. Order (Adams of Quincy) for a special recess committee to consider economic, social and legal, 370; amended and rejected, 379 (yea and nay). Order (Adams of Quincy) for a special recess committee to consider economic, industrial and military, 519, 538; rejected, 605. Warehouses. See "Necessities of Life." WASHBURN, ALBERT H. (of Middleborough). Committees, 45, 57, 616, 845; resolu- tion, 58; reports, 89, 307, 315, 332, 606, 826, 827, 828 (2), 866; motions, etc., 29, 56, 123, 166, 216 (2), 259, 273 (2), 281, 306, 308, 313, 317, 320, 331, 333, 334, 336, 337, 379, 554, 607 (2), 655, 728, 772, 823, 841, 861; amendments, 228, 234, 337, 352, 382, 416, 438, 488, 509, 553, 554, 557, 570, 572, 584, 587, 725, 727, 757, 801; presides, 721; leave of absence, 494. INDEX. 965 WASHBURN, CHARLES G. (of Worcester). Committees, 21, 43, 44, 57, 713; resolu- tion and petition, 62, 103; reports, 57, 82, 91, 123 (3), 124, 713, 807, 863 (2), 864; motions, etc., 27, 57, 113, 123 (2), 158, 165, 206, 228, 260, 274, 287 (2), 293, 307, 312, 344, 367, 393, 418, 642, 713, 714, 814, 867; amend- ments, 120 (2), 168, 185, 247, 325, 326, 343, 657, 660, 663, 714, 747; pre- sides, 123 (2), 197, 225, 231, 232, 236, 237, 269, 348, 556, 699, 727-730. Washburn, Corporal Slater (son of Delegate Washburn of Worcester), granted ad- mission to the floor of the Convention, 781. Watchmen of the State House, extra compensation for the. See "Constitutional Convention." WATERMAN, GEORGE B. (of Williamstown). Committee, 44; resolution, 61; peti- tion, 104; report, 98; amendments, 677, 680; dissents, 746 (4). Water powers, public ownership of. See "Public Ownership." Waters and watersheds. See "Natural Resources." WEBSTER, FRANCIS E. (of Waltham). Chaplain, 30, 67, 79, 103, 114, 141, 155, 214, 231, 312, 334, 427, 615, 642, 664, 732, 760, 764, 815, 863; committee, 43; report, 83; presides, 557-560; leave of absence, 720. WEBSTER, GEORGE P. (of Haverhill). Committee, 43; petition, 110; reports, 99 (2); dissents, 98, 99; motions, 639, 696, 817 (2). WEEKES, GEORGE LEROY (of Harwich). Committees, 44, 239; reports, 82, 182. WELLMAN, ARTHUR HOLBROOK (of Topsfield). Committee, 45; petition, 104; reports, 225 (2); motions, 225 (2), 293, 836; amendments, 314, 315, 438, 484, 486, 792 (2); presides, 225 (2). WHEELER, WILLIAM (of Concord). Committees, 45, 837; resolution of apprecia- tion, 575. WHEELOCK, HENRY H. (of Fitchburg). Committee, 45; leave of absence, 204; war service, 615. WHIPPLB, SHERMAN L. (of Brookline). Votes received by, for President, 17-19; committees, 19, 21, 43 (2); motions, 19, 87; dissents, 266; leave of ab- sence, 292. WHITE, JOHN A. (of North Brookfield). Committees, 45, 57; report, 82; motions, etc., 250, 315, 334, 357, 379, 424, 560, 663, 720, 764, 780; presides, 666. WHTTEHEAD, JAMES (of Fall River). Committee, 44; dissents, 98; reports, 798 (2); motion, 427; leave of absence, 155, 635. WHTTTIER, EUGENE P. (of Winthrop). Committees, 45, 357. Whole, Committee of the. See "Committees;" "Quorum." Stenographic reports of proceedings in the, 30. Bulletin containing the record of the action of the, 46. Debates in the, ordered printed, 52. Docket for the, authorized, 80. Order (Quincy of Boston) relative to recognizing the, as a continuing body with power to assign or postpone matters before it, 108; committed, 111. [No report.] Method of procedure in the, 112, 165 (2), 167, 171, 182. Order of procedure in the, 218, 219 (2), 224, 231, 232, 236, 273. Limiting debate in the, 202, 205, 209, 215, 274. References, 83, 85, 100, 104, 115, 118, 119, 131, 144, 160, 161, 163, 171, 182, 231, 426, 494. Sessions, 111, 115, 119 (2), 123 (2), 128 (2), 132, 139 (2), 141, 142, 147, 156, 157, 164 (2), 165 (2), 190, 191, 192, 195, 197 (2), 200 (2), 202, 203, 204, 205, 206, 209, 210, 211, 212, 217, 220 (2), 225 (2), 232 (2), 237, 245, 246, 278. 966 INDEX. Whole, Committee of the Concluded. Reports, 111, 116, 119, 120, 123 (3), 128 (2), 139 (2), 141, 142, 147, 156, 157, 164 (2), 165, 166, 192 (2), 195, 197 (2), 200, 201, 202, 203, 204, 206 (2), 209, 211, 212, 217, 220 (2), 225 (2), 232 (2), 237, 245, 246, 278. Journal of the, 112, 116, 120, 124, 129, 132, 140, 142, 147, 157, 164, 166, 190, 192, 195, 198, 201, 203, 204, 206, 210, 212, 217, 220, 225, 233, 237, 247, 279. Motions to discharge the, 237, 246, 251, 253 (yea and nay), 255, 274, 275, 278, 280, 370, 378. Amendment of Rule 27 discharging the, from all the matters on its docket, 617. Order (Powers of Newton) proposing an amendment of Rule 32 so as to limit the length of speeches, 196, 205; order (Swig of Taunton) providing for limiting debate in the, 202; order (reported and adopted) limiting debate in the, on the proposal to establish the initiative and referendum, 207. Order (Kilbon of Springfield) that the Convention go into, for the considera- tion of such matters as are the subject of unanimous adverse reports, 494; rejected, 503. Motion (Sawyer of Ware) that the Convention resolve itself into, for the con- sideration of such matters as have been given unanimous adverse reports, 502; negatived, 503. Motion (Luce of Waltham) that the Convention resolve itself into, for the purpose of considering resolutions relative to the election and term of office of judges, 504; negatived, 505. Motion (Bodfish of Barnstable) that the Convention resolve itself into, for the purpose of considering social insurance matters (negatived), 661. Motion (O'Connell of Boston) that the Convention resolve itself into, for the purpose of considering the Resolution providing for a state budget and the veto by the Governor of items or parts of items in appropriation bills (negatived), 692. WILLETT, GEORGE FRANKLIN (of Norwood). Committees, 44, 616; question of privilege, 233; resolutions, 71, 76 (2); motion, 31; amendments, 229, 319, 327; presides, 268. WILLIAMS, FRED HOMER (of Brookline). Committees, 21, 43, 45; resolution, 840; reports, 33, 84, 96, 97, 117, 132 (2), 244, 678, 833, 835; motions, etc., 13, 33, 131, 132, 136, 204, 249, 264, 560, 604, 669, 671, 693, 736 (2), 737, 791, 800, 816, 840, 841; amendments, 264, 269 (2), 740; presides, 132, 670, 756; leave of absence, 392. WILSON, WILLIAM H. (of Lowell). Committee, 45; reports, 96, 97. WING, HERBERT (of Dartmouth). Committees, 43, 149; report, 85. Winslow, Congressman Samuel E. (of Worcester). Telegram from, urging post- ponement of the Convention (placed on file), 28. WINSLOW, GUY M. (of Newton). Committee, 45; motions, 286, 664. Women. See "Voters." Resolution authorizing the appointment [by the Governor] of, to the offices of justice of the peace and notary public, 59; Resolution providing that, shall be eligible to appointment as notaries public, 72; resolution reported [notaries public], 90, 716 (second reading), 768 (third reading), 781; sub- mitted to the people, 809, 830, 848. Resolution to prohibit discrimination on account of sex in connection with business and profession, 58; reported adversely, 83; rejected, 660. Resolution relative to the duty of the Commonwealth toward [working], before and after childbirth, 75; reported adversely, 119; rejected, 643. INDEX. 967 WONSON, CARLTON W. (of Gloucester). Question of privilege, 33; committees, 46, 239; resolutions, 60 (3), 61 (3); reports, 171, 423, 576 (2), 635, 732; motions etc., 610 (2), 611, 749, 764, 797; leave of absence, 465, 705. WOOD, CHARLES J. (of Cambridge). Committee, 44; petition, 104. Wood and coal, sale by municipalities. See "Necessities of Life." Worcester County senatorial districts. See "General Court." Working men and women, rights of. See "Labor;" "Pensions." Workmen's compensation. State fund for. See "^Pensions." Verdicts in trials relating to. See "Judicial Procedure." Y. YEAS AND NAYS (see "Absence, Leave of"): On the method of procedure for the election of a President, 13. On committee reference of the Resolution that labor be held to be a personal and not a property right and that the issue of injunctions be limited in labor disputes, 64. On amending the report of the committee on Elections (leave to withdraw) on the communication from Patrick H. Jennings of Boston claiming election as a delegate at large and asking for a recount, 105. On a motion to adjourn from July 31 to August 7 (1917), 134. On a motion to adjourn on July 31 (1917), 137. On a motion to adjourn on October 5 (1917), 300. On the rejection of the Resolution limiting the power of the courts to declare statutes to be unconstitutional, 145. On recommitting to the Committee of the Whole the Resolution relative to the election of judges by the people, 161. On passing to be engrossed the Resolution relative to the support of certain institutions from public funds, 185. Resolution to authorize the enactment of laws governing the acquirement, sale and distribution of the necessities of life : On closing debate, 261. On an amendment by Mr. Edwin U. Curtis of Boston, 270. On postponing consideration, 321. On an amendment by Mr. Hobbs of Worcester, 328. Resolution to provide for establishing the initiative and referendum : On discharging the Committee of the Whole, 253. On taking a recess, 275. On a motion (Mr. Walker of Brookline) to limit debate, 304. On an amendment by Mr. Richardson of Newton, 337. On amendments by Mr. Washburn of Middleborough, 340. On an amendment by Mr. Kinney of Boston, 348; 350 (reconsideration re- fused). On an amendment by Mr. Cummings of Fall River, 374. On amendments by Mr. Luce of Waltham, 385; 388; 394 (reconsideration); 396; 402; 406. On a motion (Mr. Lane of Boston) to adjourn, 408. On a motion (Mr. Walker of Brookline) to close debate, 410. On an amendment by Mr. Kilbon of Springfield, 414. On an amendment by Mr. Washburn of Middleborough, 416. On an amendment by Mr. Walcott of Cambridge, 419. On limiting debate on the second reading, 429; 431 (reconsideration); 433; 442. 968 INDEX. YEAS AND NAYS Continued. Resolution to provide for establishing the initiative and referendum Concluded. On amendments by Mr. Luce of Waltham, 445; 450; 453 (reconsideration refused). On amendments by Mr. Walker of Brookline, 456; 458; 461; 466. On amendments by Mr. Putnam of Westfield, 468. On an amendment by Mr. Loring of Beverly, 470. On amendments by Mr. Churchill of Amherst, 473. On an amendment by Mr. Blackmur of Quincy, 476. On amendments by Mr. Hibbard of Pittsfield, 479. On amendments by Mr. Bailey of Newbury, 481. On an amendment by Mr. Wellman of Topsfield, 484. On an amendment by Mr. Parkman of Boston, 486. On amendments by Mr. Richardson of Newton, 489; 491. On an amendment by Mr. Swig of Taunton, 496. On ordering the resolution to a third reading, 498. On a motion (Mr. Walker of Brookline) to limit debate, 506. On amendments by Mr. Adams of Springfield, 520. On an amendment by Mr. Cummings of Fall River, 523. On an amendment by Mr. Churchill of Amherst, 526. On an amendment by Mr. Edwin U. Curtis of Boston, 529. On amendments by Mr. Richardson of Newton, 532; 535. On an amendment by Mr. George of Haverhill, 540; 551 (reconsideration refused). On an amendment by Mr. Moriarty of Boston, 542. On an amendment by Mr. Bates of Boston, 548. On amendments by Mr. Washburn of Middleborough, 554; 558. On an amendment by Mr. Lummus of Lynn, 560. On an amendment by Mr. Churchill of Amherst, 563. On a motion (Mr. McCarthy of Marlborough) for the previous question, 565. On an amendment by Mr. Morton of Fall River, 568. On amendments by Mr. Washburn of Middleborough, 570; 572. On amendments by Mr. O'Connell of Boston, 577. On amendments by Mr. Walker of Brookline, 580. On amendments by Mr. Churchill of Amherst, 582. On an amendment by Mr. Curtis of Revere, 585. On amendments by Mr. Quincy of Boston, 591. On an amendment by Mr. Pillsbury of Wellesley, 593. On an amendment by Mr. Brown of Brockton, 596. On passing the resolution (as amended) to be engrossed, 600. Order (Mr. Avery of Holyoke) providing that after final action on the initiative and referendum the Convention adjourn to meet within one week after the prorogation of the General Court of 1918: On adopting the order, 358. On reconsideration, 361. Resolution relative to universities and colleges and to the encouragement of literature : On amendments by Mr. Kenny of Boston, 294. On an amendment by Mr. Anderson of Newton, 296. On the adoption of an amended order (Mr. Adams of Quincy) providing for a recess committee to consider the economic, social and legal changes wrought by the war, 379. INDEX. 969 On approving an amendment of Rule 45 relative to adjournments for more than seven days, 620. On reconsideration, 622. On an amendment (Mr. Mancovitz of Boston) of the Resolution relative to the tenure of office of the judiciary, 645. On amendments (Mr. Quincy of Boston) of the Resolution to extend the power of the Commonwealth to provide homes for citizens, 650. Resolution relative to the power of the General Court to impose and levy taxes: On ordering the resolution to a third reading, 675. On an amendment by Mr. Creamer of Lynn, 752. Resolution relative to service on certain legislative recess committees and com- missions : On an amendment by Mr. Leonard of Boston, 682. On an amendment by Mr. Clapp of Lexington, 809. On rejecting the proposal embodied in the Resolution relative to the appor- tionment of members of the General Court, 688. Resolution relative to compulsory voting at elections: On reconsidering the rejection of the proposal, 695. On rejecting the proposal, 697. On ordering the resolution to a third reading, 757. On passing it to be engrossed, 794. On submitting the proposal to the people, 812; 817. Resolution to provide for biennial elections of state officers, councillors and members of the General Court: On rejecting the proposal, 700. On ordering the resolution to a third reading, 766. On passing it to be engrossed, 801. On submitting the proposal to the people, 820. On ordering to a third reading the proposal relative to the scope of the executive department and to the authority of the Governor, 710. On an amendment (Mr. Bodfish of Barnstable) of the Resolution relative to regulating the issue of injunctions in labor disputes, 721. On rejecting the proposal embodied in the resolution, 723. On ordering to a third reading the Resolution to provide for the calling and holding of future constitutional conventions, 728. Resolution relative to the public interest in natural resources: On amendments by Mr. Clapp of Lexington, 734. On passing the resolution to be engrossed, 737. On suspending the rule and permitting an amendment (Mr. Dresser of Worcester), 776. On submitting the proposal to the people, 778. On an amendment (Mr. O'Connell of Boston) of the Resolution providing for the appointment of judges for specific terms, 740; 769. On an amendment (Mr. Avery of Holyoke) of an amendment (Mr. Parkman of Boston) of the Resolution providing for a state budget and the veto by the Governor of items or parts of items in appropriation bills, 762, 764 (question of privilege). On passing to be engrossed the Resolution to extend the power of the Common- wealth to provide homes for citizens, 774. Resolution to provide for the more efficient administration of the business of the Commonwealth: On ordering the resolution to a third reading, 783. On reconsidering the rejection of the resolution, 785. On ordering the resolution to a third reading, 787. 970 INDEX. YEAS AND NAYS Concluded. On submitting to the people the proposal embodied in the Resolution authorizing the General Court to pass laws regulating the conditions and restricting the hours of labor and establishing a minimum wage, 799. On suspending Rule 35 with reference to the Resolution relative to the inter- ruption or impairment of any public service, 864. YOUNGMAN, WILLIAM S. (of Boston). Monitor, 24; committee, 43; resolutions, 71, 72; dissents, 118; motions, etc., 195, 272, 352, 376, 385, 715; amend- ments, 229, 235, 237, 365; leave of absence, 713, 859. 14 DAY USE RETURN TO DESK FROM WHICH BORROWED DOCUMENTS DEPT. This book is due on the last date stamped below, or on the date to which renewed. Renewed books are subject to immediate recall. 642-2569 *6CD IN DOCS DEPT. SEP 2 5 979 JAN 2 1991 REC'D OCT 01 '90 LD 21-20m-8,'61 (01795810)476 General Library University of California Berkeley VC 36183