.A ' LIBRARY ^ ONIVFRSITY 6f CItLIFORNIA SAN DIEGO V WALDO P. JOHNSON. Si. Oi 3 C. N. NOI.AN, Sctreu 4 J. B. ADAMS, '^^ (Cauatttuttimal (Unuunitton iHtiisourt isrs 2 NATHANIEL ». »AIK1NS. Stoii. Vitc s H. E, MOORE. Dooc Kcpc, ^^"•"XsA!,,^!: /^/55 oft-i , 6', )»/. JOURNAL MISSOURI CONSTITUTIONAL CONVENTION OF 1875 VOLUME I WITH AN HISTORICAL INTRODUCTION ON CONSTITUTIONS AND CONSTITUTIONAL CONVENTIONS IN MISSOURI By ISIDOR LOEB, PH. D., LL. B- AND A BIOGRAPHICAL ACCOUNT OF THE PERSONNEL OF THE CONVENTION By FLOYD C. SHOEMAKER, A. M. Editors. A Missouri Centennial Publication By The State Historical Society of Missouri COLUMBIA, 1920 Jefferson Citt TuE Hugh Stephens Co. Printers PREFACE For forty-five years Missouri has been governed by the constitution framed in 1875. It is, therefore, surprising that the official journal of the convention that drafted this document has been practically inaccessible until now, owing to its having been preserved only in its original manuscript form. The journal is only less important than the con- stitution itself. To insure the safety of this record from possible destruction of the original and to make it accessible to the citizens of the State, the Fiftieth General Assembly of Missouri appropriated funds for its publication by The State Historical Society of Missouri. The plan of publication adhered to in this work was to reproduce as nearly as possible the exact wording of the original. In cases of ambiguity of language, no changes have been made except where the intended meaning was obvious. Incorrect spelling, capitalization, and punctua- tion, where obviously erroneous, have been corrected. The changes in style are due to the different copyists employed by the convention. The editors did not undertake to obtain uniformity in such cases. For better understanding both the Missouri constitution and the journal of 1875, two introductory chapters have been included in this work. The article on "Constitutions and Constitutional Conventions in Missouri" is an account of constitutional development with particular reference to the conditions which influenced the action of the convention of 1875. The article on "Personnel of the Convention" is a resume of the salient facts in the lives of the delegates. The biographical sketches of the delegates were compiled by Miss Buel Leopard, who is document clerk in The State Historical Society of Missouri. (3) 4 PREFACE For the many courtesies and favors shown by interested citizens of the State, the compilers are under obligation. Without the assistance of Missouri editors, lawyers, judges, and public officials, many facts relating to the delegates could not have been obtained. The valued assistance of Mr. \Vm. Clark Breckenridge, Mr. Walter B. Stevens, and Judge Walter B. Douglas, of St. Louis, and of Hon. Perry S. Rader, of JefTerson City, should be especially mentioned; also the courtesy of Hon. John L. Sullivan, of JefTerson City, in lending the original journal for copying. It is appropriate that this work should have been com- pleted in July, 1920. One hundred years ago on July 19, 1820, forty-one delegates framed and adopted Missouri's first constitution. The State Historical Society of Missouri is glad of the opportunity to issue this publication as a con- tribution to the observance of the centennial of this State. The Editors. CONTENTS Page Constitutions and Constitutional Con- ventions in Missouri, by Isidor Loeb 7 Personnel of the Convention, by Floyd C. Shoemaker 57 Biographical Sketches of the Delegates, by Buel Leopard 72 Journal of the Constitutional Conven- tion of 1875 of the State of Mis- souri 113 Appendix 891 Index 905 (5) CONSTITUTIONS AND CONSTITUTIONAL CONVENTIONS IN MISSOURI BY ISIDOR LOEB. Missouri has had five Constitutional Conventions but only three Constitutions have existed in the history of the State. The first of these was adopted by the Convention of 1820 and continued to operate until 1865. In 1845 a Constitutional Convention submitted a Constitution which was rejected by the voters. In 1861 a Convention was called for the primary purpose of determining the attitude of Missouri regarding the Union. After deciding by a practically unanimous vote against secession, the Convention adjourned instead of disbanding. It held four other sessions during 1861 and the two succeeding years and practically carried on a provisional government. While it adopted a number of constitutional amendments, the Convention did not undertake to make any general revision of the funda- mental law of the State. In 1864 the voters approved the plan of calling a Constitutional Convention, which met in 1865 and drafted a Constitution which was adopted by the voters. This Constitution remained in effect until it was superseded by the present Constitution which was adopted in 1875. While this article is primarily concerned with the Con- stitutional Convention of 1875 and the conditions which influenced its action, it will be desirable to consider briefly the preceding Constitutional Conventions which drafted Constitutions and to point out some of the more important features of these instruments. Many provisions of the existing Constitution had their origin in the earlier docu- ments. Constitutional Convention of 1820. Missouri's admission into the Union was delayed by the contest over the question of slavery extension, but finally an (7) 8 JOURNAL OF THE MISSOURI Act of Congress approved March 6, 1820, authorized a Con- vention for the purpose of forming a Constitution and State government. This Convention, which consisted of forty- one delegates chosen from the fifteen counties in accordance with the apportionment prescribed in the congressional act, met in St. Louis on June 12, 1820, and completed its work in a little more than five weeks, adjourning on July 19th. The Constitution was adopted by a vote of forty to one. The Act of Congress did not require the submission of the Con- stitution to the voters and the Convention assumed that its adoption of the Constitution marked the establishment of the new State. ^ It made provision for an election for State officers to be held on August 28, 1820, and for the inaugura- tion of the new government on September 18, 1820.^ While the machinery of State government was put into operation as provided by the Constitution, the State's Senators and Representative in Congress were not permit- ted to take their seats because of objection to a clause of the twenty-sixth section of the third article which required the Legislature to pass laws to prevent free negroes from coming into the State. After a contest extending over a period of three months, the controversy was settled by the Second Missouri Compromise on March 2, 1821. This resolution of Congress required the passage of a "solemn public act" by the Missouri Legislature agreeing that the clause in dis- pute should never be made the basis of any law by which any citizen of any state shall be excluded from any privileges to which he is entitled under the Constitution of the United States. The General Assembly of Missouri passed this act which was approved by the Governor on June 26, 1821. A copy of the act was sent to President Monroe and thereupon in pursuance of the congressional resolution the latter on August 10, 1821, issued his proclamation setting forth the facts and stating that "the admission of the said State of Missouri into this Union is declared to be complete." 'Constitution. 1820, Schedule, Sec. 1. •Ibid.. Sec. 9. 10. CONSTITUTIONAL CONVENTION, 1875 9 The ConsUtution of 1820 consisted of thirleen articles dealing with the boundaries, distribution of powers, legis- lative power, executive power, judicial power, education, internal improvement, banks, militia, miscellaneous provi- sions, permanent seat of government, mode of amending the Constitution and declaration of rights, in addition to a schedule containing temporary provisions for facilitating the transfer from Territorial to State government. The articles relating to education and internal improvement were brief and largely confined to a mandate for the encouragement of such matters by the Legislature. The article dealing with banks restricted the Legislature to the incorporation of one bank with not exceeding five branches and a maximum capital stock of five millions of dollars of which at least one- half must be reserved for the State. The militia article was likewise brief, providing merely the manner of choosing officers, while the provisions regarding the permanent seat of government left the General Assembly chief power of determining this question. The legislative article was largely confined to provisions regulating composition, organization and procedure. The bicameral system was established and the principle of apportionment according to free white male population was adopted for each house, except that each county was to have at least one member in the House of Representatives. The membership of this House was not to exceed one hundred while that of the Senate was not to be less than fourteen nor more than thirty-three. Only a few sections contained positive restrictions upon legislative power and these related almost exclusively to some feature of the institution of slavery.3 While the declaration of rights contained the usual limitations upon civil and criminal procedure, the Constitution did not contain the numerous restrictions upon legislative power which have appeared in the later docu- ments. As a result the Constitution of 1820 was a relatively brief instrument, containing not exceeding 10,000 words. ^Constitution 1820, Art. Ill, Sec. 26-28. 10 JOURNAL OF THE MISSOURI In addition to the Legislature the Constitution pro- vided for the Executive and Judicial Departments which, in accordance with the principle of distribution of powers set forth in Article II, were to be distinct from and independent of each other as well as of the Legislative Department. The Constitution was one of the earliest to provide a four-year term for the Governor, who, however, was made ineligible to succeed himself. The Governor and Lieutenant-Gover- nor were the only executive officials chosen by popular election. All of the other ofTicials of the Executive Depart- ment provided for by the Constitution were appointed by the Governor except the treasurer who was chosen by a joint session of the two houses of the Legislature.^ The Governor likewise appointed all judges, who held office dur- ing good behavior, but his appointment of these and of the principal executive officers required the consent of the Sen- ate.^ The Governor was also given a limited veto power but this could be overcome by an absolute majority in each house of the General Assembly.^ SufYrage and elections were not as yet considered of sufficient importance to deserve a separate article. Uni- versal suffrage was provided for all free white adult male citizens of the United States, except members of the regular army or navy of the United States,^ but occasion for the exercise of this suffrage was limited. The only elective State officials were members of the Legislature and the Governor and Lieutenant-Governor. The whole field of local govern- ment was left to legislative regulation, except that the Constitution provided for a sheriff and coroner in each county and these were to be chosen by popular election until otherwise provided by the General Assembly.^ Even in the matter of amending the Constitution there was no provision for popular referendum, amendments ♦Constitution. 1820, Art. Ill, Sec. .31; Art. IV, Sec. 12, 21; Art. V., Sec. 18; Art. IX. .Sec. 3. 'Coastitution, 1820, Art. V. Sec. 1.'}. •Constitution, 1820. Art. IV, Sec. 10, 11. 'Constitution, 1820, Art. III. Sec. 10. 'Constitution. 1820. Art. IV, Sec. 23. CONSTITUTIONAL CONVENTION, 1875 11 being proposed by a two-thirds vote of each house of the Legislature and requiring for ratification a similar vote at the first session of the next succeeding General Assembly. No provision was made for a general revision of the Consti- tution.^ The Constitution of 1820 was typical of the period of its creation, occupying a somewhat advanced position in the matter of long terms for members of the Legislature (two and four years) and executive officials (four years, except Treasurer, two years) and of biennial instead of annual elections and sessions of the Legislature. The democratic movement had barely commenced and it did not appreciably afTect the Constitution. The chief influence came, naturally from existing state constitutions and of these the most influential were those of Alabama (1819), Illinois (1818), Kentucky (1799), and Maine (1819), all of these except one falling in the group of most recently adopted constitutions. i" Constitutional Convention of 1845. Before the meeting of the Constitutional Convention of 1845, two series of amendments to the Constitution of 1820 had been adopted by the Legislature. The first group originally included ten sections proposed in less than one year after the adoption of the Constitution and seven of the sec- tions were ratified in 1822.^^ Most of the amendments were intended to change those sections of the Constitution which provided a minimum salary of $2,000 for the Gover- nor, Chancellor and Judges of the Supreme and circuit courts. These sections had been the subject of repeated opposition in the Constitutional Convention. ^^ \^ amended the Legislature was left free to fix the compensation of these officials. Other amendments abolished the office of Chan- cellor but left the General Assembly power to establish a court or courts of chancery. United States officials who •Constitution, 1820, Art. XII. loShoemaker, Missouri's Struggle for Statehood, p. 250. "Revised Statutes, 1825, Vol. I, pp. 65-67. '^Journal, Convention 1820, pp. 20. 21, 23, 24, 40. 12 JOURNAL OF THE MISSOURI were already ineligible to election as members of the General Assembly^^ were by one of these amendments disqualified to hold any office of profit under the State of Missouri. The amendments as originally proposed by the Legisla- ture in 1821 included sections transferring the power of appointing judges and the Auditor, Secretary of State and Attorney-General from the Governor to houses of the Legislature in joint session, ^^ but these failed of ratification by the subsequent General Assembly. Notwithstanding this fact, one of the amendments proposed in 1821, which provided that the offices of the judges of the Supreme and circuit courts should expire at the end of the first session of the next General Assembly or as soon as their successors should be elected and qualified, was ratified in 1822. The second group of amendments as proposed in 1833 was chiefly concerned with changes in the tenure and terms of judges and clerks of courts. ^^ It was proposed to take the power of appointment from the Governor and, in the case of the clerks, from the courts, and to abolish the prov i sion under which all of such officials held office during good behavior. The Supreme Court Judges were to be elected by a joint session of the General Assembly while the cir- cuit judges and the clerks of the county and circuit courts were to be elected by the voters of the circuits and counties respectively. All of these officials were to hold office for terms of six years. The offices of existing judges and clerks were to be vacated and provision was made for the electio of their successors. When these amendments were sub- mitted to the Eighth General Assembly, all were rejected except those relating to clerks of the county and circuit courts and the vacation of the offices of existing circuit judges. "5 It was contended by a circuit judge that inasmuch as the section for vacating the offices of circuit judges had "Constitution, 1820, Art. Ill, Sec. II. "Laws, 1821, p. .38. "Laws of Missouri, 18.32-33, pp. 3, 4. "Kcviscd .statuU's, 183.5, Vol. I, pp. 34, 35. Amendments which had been pro- posed In 1833 for chanKcs in the northwestern and northeastern boundaries of the State were ratified in 1834. CONSTITUTIONAL CONVENTION, 1875 13 been proposed in connection with the one providing a dif- ferent term for circuit judges, the failure of the Legislature to ratify the latter made the former of no effect, notwith- standing its ratification. The Supreme Court held however the section providing for the vacation of the offices of cir- cuit judges was an independent amendment and could stand alone. ^^ The failure of the attempt to introduce the elective principle and the limited term in the cases of judicial officers was partly responsible for the movement for a constitutional revision which commenced about this time. The popula- tion of the State which was only 66,586 in 1820 had increased to 383,702 in 1840 and by 1845 probably amounted to 500,000. It was naturally felt that the quarter century had introduced changes which made a revision desirable. The campaign received legislative approval in 1843.^^ In default of any definite provision in the Constitution of 1820 regarding general revision, the Legislature, in accordance with the prevailing constitutional principle, provided for a Constitutional Convention subject to the approval of the voters. This approval was given in 1844 by an overwhelm- ing majority. ^3 The act of 1843 provided that the Conven- tion should consist of delegates chosen from the senatorial districts, each district electing twice as many delegates as the number of senators to which it was entitled. In August, 1845, sixty-six delegates were elected from the twenty-eight districts and the Convention met in JefTerson City on November 17, 1845. ^^ The Convention was in session for nearly two months, adjourning on January 14, 1846. In contrast with the practical unanimity with which the Constitution of 1820 was adopted, the vote in the Con- vention of 1845 was forty-nine to thirteen. The negative vote foreshadowed opposition when, as provided in the Con- stitution, it was submitted to the voters in August, 1846. I'State V. McBride, 4 Mo. 303. "Laws. 1842-3, pp. 26-28. "Revised Statutes, 1845, p. 54 note. In 1835 a similar proposition had been re- jected. Ter. Laws, Vol. II, pp. 433-435. "Official Manual, 1915-16, p. 164. 14 JOURNAL OF THE MISSOURI The Constitution was rejected by a majority of over 9,000 in a total vote of 60,000.-^ Notwithstanding the defeat of the Constitution it will be desirable in this sketch of cons- titutional evolution to consider some of the more important features which distinguished it from the Constitution of 1820. \\hilc the new document was somewhat larger in size, there did not yet appear those numerous provisions regulat- ing and restricting the Legislature in detail. Significant, however, were the provisions restricting legislative power in incurring State debts, creating banks, lotteries and other corporations, granting divorces, regulating duels and passing private and local bills.-- The growing lack of confidence in the Legislature is also manifested in the provision that no session shall continue longer than sixty days," and in the requirement of a popular referendum upon constitutional amendments which could be proposed every four years by an absolute majority in each house of the Legislature.^^ The most important changes proposed, however, were those regarding the basis of representation in the House of Re- presentatives and the tenure and term of judges. It will be recalled that under the Constitution of 1820 each county was entitled to at least one Representative and the total number of Representatives could not exceed one hundred. -5 In 1815 there were ninety-six counties in Mis- souri and it was quite clear that additional counties would be created in the near future. Under these conditions, it was evident that the rule of apportionment according to white male population could not be carried out and that the counties with large population would have no more representation than the smallest counties. On the other hand after the number of counties reached one hundred, no new counties could be created without violating the above constitutional rule. In the Convention there was a contest "Ibid. "ConsUtution. 184.5, Art. III. Sues. 31, 32, 34, 38, 39; Art. VIII. -Ibid., Art. III. SciC. 24. "Ibid.. Art. X.g « "Constitution, 1820. Art. Ill, Sec. 2. CONSTITUTIONAL CONVENTION, 1875 15 between those who favored the plan of giving each county at least one Representative and those who advocated the estab- lishment of a ratio and the refusal of representation to counties having less than this ratio. A compromise was effected and a ratio secured by dividing the total number of free white inhabitants by one hundred. Counties were given representatives according to their ratios as follows: For three-fifths ratio, one representative; for one and two-thirds ratios, two representatives; for two and two- thirds ratios, three representatives; for four ratios, four representatives and so on above that number giving one additional member for each additional ratio. Counties con- taining less than three-fifths ratio which were contiguous to each other were to be joined into districts containing two- thirds ratio and given one member, but a county having less than three-fifths ratio which was not contiguous to another similar county was to be given one member.-'' While this provision did not go into effect, it was of some influence in determining the basis of representation adopted by consti- tutional amendment in 1849.^^ On the question of the tenure and term of judges a compromise was also made. Supreme Court Judges con- tinued to be appointed by the Governor while circuit judges were to be elected by the voters of the circuit. The terms of office were twelve and six years respectively. Constitutional Amendments, 1849-1865. The rejection of the draft Constitution in August, 1846, was followed by numerous proposals for the amendment of the Constitution. As it required the joint action of two Legislatures to ratify, the first actual changes in the Con- stitution were not made until the session of 1848-49. Each succeeding General Assembly down to the Civil War ratified one or more constitutional amendments. The two most important changes proposed by the Constitution of 1845 were 2«Constitutloii, 1845, Art. Ill, Sec. 2. 2'Laws, 1848-49, p. 6. 16 JOURNAL OF THE MISSOURI carried into effect in modified form by amendments ratified in 1849. As regards the judiciary, the appointive principle was retained for circuit as well as Supreme judges but the terms were changed to eight and twelve years respectively. ^^ At the same session, however an amendment was proposed which being ratified by the Legislature at its session in 1850- 51, established the elective principle for both sets of judges and a uniform term of six years. ^^ At the same time amend- ments were ratified which, by introducing elective tenure in the offices of Secretary of State, Attorney-General, Auditor, Treasurer and Registrar of Lands, led to the introducton of the long ballot in Missouri State elections.^" The contest over the basis of representation in the House of Representatives was also settled by an amendment adopted in 1849. ^^ AVhile the plan of establishing a ratio introduced in the Constitution of 1845, was adopted, the divisor used in determining the ratio was one hundred and forty instead of one hundred. The smaller counties achieved a victory in the provision that a county with less than the ratio was nevertheless entitled to one Representative. Finally, there was now evidenced the desire to discriminate against the more populous counties by increasing progres- sively the number of ratios required for each additional Representative above two. Thus, for example, while a county with one and three-fourth ratios was entitled to two Representatives it was necessary to have three ratios for three Representatives; four and one-half for four Representatives; thirteen for eight Representatives, and twenty-four for twelve Representatives. The plan adopted, it is true, gave the more populous counties more representa- tion than the previously existing system which, under the constitutional provision restricting the number of Repre- sentatives to one hundred, practically ga\e each county only one Representative. It was, however, much less in "Laws, 1848-49, p. 8. "Laws, 1850-51, pp. 45, 50. »»Ibid.. pp. 47. 48. •'Laws, 1848-49, p. 6. CONSTITUTIONAL CONVENTION, 1875 17 accord with the principle of popular representation than the provision of the constitution of 1845 and it foreshadowed further discrimination in the future against the large centers of population. The same amendment which fixed the basis of represen- tation restricted the Legislature's power to reduce the size of existing counties or to create new counties with less than five hundred square miles or to give separate representation to any new county unless the latter contained, when estab- lished, free white inhabitants equal to three-fourths of the ratio of representation. It also settled the question of limiting the legislative session by fixing the existing com- pensation of members of three dollars a day as the maximum for sixty days after which time they were to receive not exceeding one dollar per day except at a revising session when the higher amount could be received for one hundred days. While this provision was abolished by subsequent amendment in 1857, ^^ it furnished the model upon which similar provisions in the Constitution of 1875 were based. The limitation upon legislative power to grant divorces which had been incorporated in the Constitution of 1845, ^^ was finally secured through the ratification of an amend- ment in 1853.^* In 1857 the article on banks was changed so as to give the Legislature power to charter not exceeding ten banks with an aggregate capital not in excess of twenty millions of dollars.''^ Two years later, the Legislature was forbidden to incur any State debt or liability in excess of thirty millions of dollars, except in case of war.^^ The Consti- tution of 1845 contained a provision prohibiting the Legis- lature from creating any State debt to exceed at any time twenty-five thousand dollars, without the consent of a majority of the voters." In support of this provision the president of the Constitutional Convention of 1845 pointed "Laws, 1856-57, p. 5. "Art. Ill, Sec. 32. "Laws, 1852-53, p. 3. "Laws, 1856-57, p. 6. "Laws, 1858-59, p. 3. 3'Art. Ill, Sec. 31. 18 JOURNAL OF THE MISSOURI out the danger that the Legislature, if not restricted, would incur huge debts to aid in the building of railroads.''* His words were prophetic as in 1859, when the above amendment was passed, the amount of State credit loaned to railroads aggregated approximately twenty-five million dollars. ^^ The last amendment to the Constitution of 1820, adopted by the Legislature in 1861,^" like one adopted in 1855,^^ was intended to validate the creation of a county smaller in area or population than permitted by the amend- ment dealing with the basis of representation which was adopted in 1819. ^^ Convention of 1861-63. It has been pointed out" that the Convention called in 1861 was not chosen for the purpose of modifying the Con- stitution of the State. In its second and subsequent sessions, however, this Convention found it necessary at times to carry on a provisional government and it assumed the authority to amend the Constitution from time to time. An ordinance of July 30, 1861, vacated the offices of the Governor, Lieutenant-Governor, Secretary of State and members of the Legislature and provided for the choice of their successors.^"* On October 12, 1861, the Convention provided for the abolition of certain offices, the reduction of salaries of others and a test oath for all civil officials. ^^ This was followed in June, 1862, by an ordinance prescribing test oaths for all voters, officials, jurymen, attorneys, teach- ers, preachers, and officials of corporations.'*^ At the same session it changed the constitutional date for general elec- •«R. W. Wells. A Review of the New Constitution of the State of Missouri, p. 9. Pamphlet bound with Journal of Constitution Convention of 1845, in Library of State Historical Society of Missouri. "Report of Auditor of Public Accounts Appendix, Journals of the twentieth General Assembly, pp. .52, .53. "Laws, 1860-61, p. 4. "Laws, 18.54-55, p. 4. «>Law8, 1848-49, p. 6. ♦•Ante, p. 7. ♦♦Appendix, Journal of Convention, June, 1862, p. 3. ♦'Ibid., p. .5. ♦♦Ibid., p. 13. CONSTITUTIONAL CONVENTION, 1875 19 tions from August to November,^^ and at its last session in 1863 passed a similar ordinance regarding the date for electing judges. ^^ Finally, at its last session, the Convention passed an ordinance abolishing those provisions of the Con- stitution which restricted the Legislature's power over slavery and providing a plan for the gradual emancipation of slaves in Missouri.'*^ Constitutional Convention of 1865. Gradual emancipation was no longer acceptable and the demand arose for a new Constitutional Convention. This resulted in 1864 in the passage of an act providing for the submission of the question to the voters at the November election,^" when the proposition carried by a large majority. As was true of the Convention of 1845, each senatorial dis- trict was entitled to twice as many delegates as it had sena- tors. At this time there were twenty-nine districts each electing two delegates except the twenty-ninth (St. Louis county) which elected ten delegates. In accordance with the act of 1864, the delegates were chosen at the November election, when the question was submitted to the voters, and the Convention met at St. Louis on January 6, 1865.''^ The Convention was in session three months, adjourning on April 10, 1865. The Constitution was adopted by a vote of thirty-eight to thirteen and ratified on June 6, 1865, by the small majority of 1,862 in a total vote of 85, 478. ''^ The Constitutional Convention act provided that the Convention should consider first, amendments necessary for the emancipation of slaves and, second, those necessary to restrict suffrage to loyal citizens and such other amend- ments essential to the public good.^^ I'Ibid., p. 21. •'AppendLx, Journal of Convention, June, 1863, p. 3. «'Ibid., p. 4. "Laws, 1863-64, pp. 24-26. "Ibid. "Joiu-nal, Convention, 1865, p. 280. "Laws, 1863-4, p. 25. 20 JOURNAL OF THE MISSOURI While the Convention decided to make a general revi- sion of the Constitution, its decisions on the two enumerated matters were of greatest importance. The question of slavery was disposed of on the fifth day when an ordinance decreeing immediate and unconditional emancipation was passed by a vote of sixty to four.'^^ The substance of this ordinance became section two of Article I of the new Con- stitution. The suffrage question was of so much importance that the entire Article II was devoted to it. The general quali- fications were substantially the same as in the Constitution of 1820 with two exceptions. An alien who had declared his intention to become a citizen of the United States not less than one year nor more than five years and who was otherwise qualified, could vote.^^ After January 1, 1876, all persons not qualified voters before that date must be able to read and write in order to vote, unless the inability was the result of physical disability.^^ Negro suffrage was not established by the Constitution but in 1867 the Legis- lature submitted an amendment for this purpose," which was rejected by the voters in 1868. Two years later a simi- lar provision was combined with an abrogation of the "iron- clad oath" and other objectionable sections of the Constitu- tion of 1865^^ and ratified later in the year by the voters. ^^ In the matter of disqualifications for voting, however, important changes were introduced. These made the Con- stitution of 1865 notorious and unpopular, and were the chief factors contributing to its revision. The disqualifica- tions for voting, office holding and the practice of professions which had been introduced by the Convention during the war were continued and made much harsher and more sweeping, with the effect that practically all who had in any "Journal. ConvonUon of 1865, pp. 25-27. "ConsUtutlon. 1865, Art. 11. Sec. 18. "Ibid., Sec. 19. "Laws, 1867, p. 12. "Laws, 1870, p. 503. "See below, p. 21. CONSTITUTIONAL CONVENTION, 1875 21 way sympathized with the South were disqualified.^" In order to enforce these restrictions, all persons affected were required to take an oath whose character is shown in the name "iron-clad oath" which came to be applied to it.^^ As regards the suffrage the restrictions were made more severe by the requirement for the registration of all voters under which the taking of the oath was a prerequisite to registration and voting, but not conclusive of the right to be registered or to vote which was finally passed upon by officials of registration."- The great opposition to these provisions is shown by the fact that though the Convention provided''^ that no one should vote on the ratification of the Constitution without taking the test oath there was only a very small majority in its favor. ''^ The opposition continued and increased after the Constitution went into effect. The Legislature by an absolute majority in each house could suspend or repeal the disqualification of voters after January 1, 1871, and the disqualifications in other cases after January 1, 1875.''^ Public opinion, however, was not willing to wait. In 1866 the United States Supreme Court "declared the disqualifications for the practice of professions unconsti- tutional,*'" and in 1870 the Legislature proposed a series of amendments abrogating the remaining disqualifications and the test oath." These were ratified at the November elec- tion by an overwhelming majority. Finally, an amend- ment proposed in 1873"^ and ratified the following year, abolished the section requiring general registration of voters, and substituted a provision giving the Legislature authority to provide for registration in cities with more than ten thousand inhabitants. The Constitution of 1865 omitted the articles in the eoConstitution, 1865, Art. II, Sec. 3. «'Ibid., Sees. 5-14. 62lbid., Sec. 5. "Constitution, 1865, Art. XIII, Sec. 6 "Ante, p. 19. isConstitution, 1865, Art, 11, Sec. 25. «»Cummings v. Missouri, 4 Wall. 277. «'Laws, 1870, pp. 502-504. "Laws, 1873, p. 401. 22 JOURNAL OF THE MISSOURI Constitution of 1820 dealing with boundaries, internal im- provement and permanent seat of government but added separate articles dealing with suffrage and impeachments. While it had one less article it had increased in size about fifty per cent and contained a total of about 15,000 words. About one-half of this increase was due to the suffrage article. The articles dealing with declaration of rights, banks and corporations, education, miscellaneous provisions and mode of amending the Constitution were also somewhat expanded, the latter article now including specific provision for a Constitutional Convention" and changing the process of amendment to the popular referendum proposed by the Constitution of 1845^" except that the Legislature was un- restricted as to time in the proposal of amendments, and ratification now required only a majority of the votes cast on the amendments instead of a majority of the votes at the election. ^^ This was an early recognition of one of the chief defects of popular referendum — the failure of the voters to cast a vote either yes or no on the proposition. While the expansion of the Constitution was not as yet due to the inclusion of numerous positive restrictions upon the Legislature, some of these appear at this time. The power of special legislation had been abused" and the Legislature was expressly forbidden to enact special laws in thirteen classes of cases." Moreover, it was not to pass any special law for any case in which a general law could be made applicable.''' However, as the Supreme Court held that the question of applicability was left to the decision of the Legislature'^ the latter did not constitute an effective limitation. While the provision limiting the amount of the State debt which was adopted in 1859'^ was not included, "ConsUtution, 1865, Art. XII. Sec. 3. "Ante, p. 14. "Constitution, 18G5. Art. XII, Sec. 2. "See table in Harper. Local and Special Legislation in Missouri, Manuscript in Library of University of Missouri. "Constitution of 1865, Art. IV, Sec. 27, Art. VIII. Sees. 4, 5. "Ibid. "Henderson v. County Court of Boone County, 50 Mo. 317. '•Ante, p. 17. CONSTITUTIONAL CONVENTION, 1875 23 it was provided that the credit of the State should not be given or loaned in aid of any person or corporation and that this should not be done in the case of any county or local subdivision without the consent of two-thirds of the voters of such subdivision.^'^ There was also apparent a tendency to introduce additional restrictions upon legislative proced- ure and at this time was established the provision that for the passage of bills an absolute majority with the yeas and nays entered upon the journal should be required. ^^ In the House of Representatives the basis of representa- tion was determined according to the general plan adopted in 1849.''^ The divisor, however, was two hundred instead of one hundred and forty, resulting in a relatively smaller ratio and a larger House. ^^ While this was advantageous to the larger counties it was offset by an increase in the num- ber of ratios required for additional Representatives. While each county with one ratio or less was to have one Represen- tative, it took two additional ratios to secure a second Representative and for each additional Representative three ratios were required. This plan discriminated in favor of the smallest counties but operated proportionally among the larger counties, differing in this regard from the provisions of 1849 and the plan adopted in the Constitution of 1875. The single ticket plan of representation was introduced at this time, the county court being required to divide the county into as many compact and convenient districts as the number of representatives to which it is entitled, the dis- tricts to be as nearly as may be of equal population. ^^ The same principle also was now established for the Senate which was to consist of thirty-four members each chosen for a separate district. The districts were to be fixed by the Legislature, except in counties entitled to more than one "Constitution, 1865, Art. XI, Sees. 13, 14. "Constitution, 1865, Art. IV, Sec. 24. "Ante, p. 16. soConstitution, 1865, Art. IV, Sec. 2. silbid. 24 JOURNAL OF THE MISSOURI Senator, where they were to be determined by the county court as in the case of Representatives. ^^ The principle of popular election as it had been extended in 1851 was retained for officials of the Executive and Judi- cial Departments except that the ofTice of Registrar of Lands was no longer mentioned. ^^ The terms of the executive ofTicials except the Superintendent of Schools were reduced from four to two years. ^^ Provision was made for divid- ing the State outside of the county of St. Louis into not less than five districts, each to embrace at least three judicial circuits. The circuit judges in each district were to con- stitute a district court which was to be an intermediate court of appeal between the circuit and Supreme Court. ^'^ The judges of the circuit court of St. Louis county sitting as a court in banc constituted a similar court. ^"^ In 1870, however, the Legislature proposed an amendment abolish- ing the district courts" and this was ratified by the voters. Two years later an amendment^^ was ratified which increased the number of Supreme Court Judges to five and their terms to ten years. Leaving aside sections such as sufTrage and slavery, which were the direct outgrowth of the war, the Constitution of 1865 did not constitute any radical departure from its predecessor, as the latter had been modified by amendments adopted from time to time as indicated above. While pro- visions were incorporated for the purpose of checking or preventing certain evils which had arisen there is not mani- fest any striking tendency to place undue restrictions upon the Legislature. "ConBtitution. 1865, Art. IV, Sees. 4-6. "Constitution, 1865. Art. V, Sec. 16; Art. VI, Sees. 7, 14. ««Ibid., Art. V, Sees. 3, 12. 16; Art. IX, Sec. 3. The treasurer had a two-year term under the Constitution of 1820, Art. Ill, Sec 31. "ibid.. Art. VI, Sec. 12. ••Ibid.. Art. VI, Sec. 15. •'Laws, 1870, p. 500. ••Laws, 1871-72, Resolutions, p. 3. CONSTITUTIONAL CONVENTION, 1875 25 Constitutional Convention of 1875. While there is evidence that after the elimination of the "iron-clad oath" and its accompanying sections the people were fairly well satisfied with the Constitution of 1865, the overthrow of the radical Republicans in the election of 1870 made it inevitable that their chief work should be subjected to attack. In his inaugural message in 1871, Governor B. Gratz Brown advised the Legislature to consider the ques- tion of a Constitutional Convention. ^^ Two years later, at the conclusion of his term, he renewed his recommenda- tion in stronger words. ^° At the same time, the new Gover- nor, Silas Woodson, a moderate Democrat who had been chosen as a compromise candidate, in his inaugural address, spoke at length upon the subject. ^^ While recognizing that the Constitution still contained some objectionable provi- sions, he was unwilling to recommend a convention because of the expense and the danger that it would be a partisan body. He stated that both branches of the Republicans were opposed to revision and while some Democrats agreed with them he believed that Democrats only favored the proposition. Moreover, he believed that defects in the Constitution could be remedied by amendments proposed by the Legislature. Governor Woodson evidently became con- verted to the prevailing sentiment of his party as on March 25, 1874, he approved the "Act to authorize a vote of the people to be taken upon the question whether a convention shall be held for the purpose of revising and amending the Constitution of this State. "^" That he was right in his estimate of the opposition to the measure is shown by the fact that at the election the following November the prop- osition carried by a majority of only 283 in a total vote of 222,315.93 "Senate Journal, 26th General Assembly, p. 33. '"Senate Journal, 27th General Assembly, p. 20. "Ibid., pp. 64-66. »2Laws, 1874, p. 57. '^Encyclopedia of the History of Missouri, Vol. II, p. 113. 26 JOURNAL OF THE MISSOURI Under the provisions of the Constitution,^^ the Gover- nor ordered an election to be held on January 26, 1875, at which two delegates were elected from each of the thirty- four senatorial districts. In accordance with the act of 1874,9^ the Convention met in the Capitol at JelTerson City on May 5, 1875. It was in session about one week less than the Convention of 1865, adjourning on August 2, 1875. The Coilstitution was adopted by the unanimous vote of the sixty members present and was later signed by all sixty-eight members. It was ratified at a special election on October 30, 1875, by the large majority of 76,688.^^ The total vote, 91,205, was only forty-one per cent of the vote cast the preceding November on the question of holding a Convention. The fact that the vote on the question of ratification was cast at a special election is probably the chief cause for the decrease. The large increase in the majority was doubtless due to popular approval of some of the changes proposed by the Constitutional Convention. Before adjourning the Convention unanimously adopted an address to the people containing a "brief statement of the more important changes proposed, with some of the advan- tages supposed to result from these changes."" While some of the benefits anticipated have not been realized, the statement is of much value as an expression of the opinion of those who were instrumental in drafting the new provi- sions. The most obvious difference between the new Constitu- tion and its predecessors is in its size, which showed an increase of nearly 200 per cent over the Constitution of 1820 and of 100 per cent over that of 1865. In seeking an explanation for this increase it is first to be noted that the Constitution of 1875 consisted of fifteen articles and a sche- dule. A brief article dealing with boundaries was restored and two new articles devoted to counties, cities and towns and "Constitution of 1865. Art. XII, Sec. 3. "Laws, 1874, p. .57. •"Encyclopedia of History of Missouri, Vol. 11, p. 114. •'See below, p. 876. CONSTITUTIONAL CONVENTION, 1875 27 to revenue and taxation were now added. These two articles account for about one-third of the increase over the Constitution of 1865. There was a considerable decrease in the size of the article dealing with suffrage and elections which was more than offset by increases in the articles deal- ing with the judiciary, education, corporations and militia. The greatest increase, however, is found in the article on the Legislative Department, which expanded more than 200 per cent. As the provisions in the articles on counties, cities and towns, revenue and taxation, and the other articles indicated above are in effect almost entirely limitations upon legislative power it may be concluded that the expan- sion in the size of the Constitution was due to a growing lack of confidence in the Legislature and to the desire of the people to regulate matters for themselves. Each of these causes would lead to the placing of restrictions upon the Legislature, the former in a positive form while the latter would result in placing in the Constitution regulations in detail which would constitute a check upon legislative action regarding such matters. There is plenty of evidence that there had developed a lack of confidence in the Legislature. This was mani- fested by provisions in the Constitution of 1865 and con- stitutional amendments adopted from time to time as well as in messages of Governors McClurg, Brown, Woodson and Hardin. ^^ Among the most important causes for this popular distrust was the abuse of the power of special legis- lation and the policy of authorizing State and local aid for railroads. As a result of the latter the State as well as counties, townships, cities, and other local subdivisions had incurred large debts with resulting increase of taxes. The Civil War and later the panic of 1873 had increased the difficulties of the situation and had caused serious embar- rassment in State and local finances. ^^ The members of the Constitutional Convention had personal experience with •'Senate Journals; 1871, pp. 19, 20; 1873, p. 27; 1874, p. 17; 1875, pp. 27, 40. ••Million, State Aid to Railways in Missouri. 28 JOURNAL OF THE MISSOURI these conditions and their constituents were demanding relief and safeguards for the future. As a result the Con- stitution of 1875 was distinguished for possessing greater restrictions upon legislative power than any of its con- temporaries in other states and today there are few state constitutions which can compare with the strictness of its provisions.^'*" Some members of the Convention wished to change the prevailing rule of interpretation of the powers of the Legisla- ture by providing that the General Assembly should have only such powers as are granted to it.^"^ While this extreme position was not adopted, the prevailing tendency is shown by the fact that in drafting the article on the Legislature the Convention set off sections 43 to 56 inclusive under the specific title, "Limitation of Legislative Power." As pre- viously indicated, however, important limitations upon legislative power are contained in other articles. In considering the restrictions upon the Legislature introduced by the Constitution of 1875, it is natural to begin with financial limitations as these were the most striking and of greatest significance. In the endeavor to prevent the impairment of public credit through the creation of large debts, the Convention did not follow the policy adopted in 1859^"^ of fixing a maximum but returned to the plan pro- posed in the Constitution of 1845,'*'^ increasing the amount of debt which could be incurred from the $25,000 proposed in 1845 to |250,000, but requiring for any debt in excess of this amount the consent of two-thirds of the voters instead of a mere majority as under the earlier plan.^°* The same general plan was followed as regards counties, cities, school ""ODry, The Article on the Legislature in the Missouri Constitution of 1875. Manu- script in Library of University of Missouri. This graduate dissertation is a study of the evolution of the Article on the Legislature in the Constitutional Convention of 1875, and includes a comparison of its provisions with those of similar articles in the Constitutions of 1820 and 1865 and in contemporary constitutions in other American states. lO'Ibid.. pp. 121-123; see below, p. 175. '«Ante, p. 17. ■"'Ante, p. 17. ^Constitution, 1875, Art. IV. Sec. 44. CONSTITUTIONAL CONVENTION, 1875 29 districts and other subdivisions. No debt could be in- curred in any year in excess of the revenue for such year with- out the consent of two-thirds of the voters, but there was the further important restriction that even with suth con- sent the total debt of any such locality should not exceed five per cent of the value of the taxable property of such district, except for the erection of a court house or jail.^'^'' It was also required that in all such cases provision must be made for a tax sufficient to pay the interest and to retire the principal within thirteen years in the case of the State and within twenty years in other cases. There was also retained the provision of the Constitution of ISeS^*^^ prohibiting the giving, loaning, or pledging of the credit of the State in aid of any person or corporation^"^ and counties and other local subdivisions were now subject to a similar requirement,^"^ instead of being permitted to do this with the consent of the voters as in 1865.^"^ The power of raising revenue by taxation was also seriously restricted. The Constitution of 1865 provided that no property should be exempt from taxation except that used exclusively for public schools, and that belonging to the United States, the State and local subdivisions.^^" Aside from this provision the Constitutions of 1820 and 1865 left the Legislature entirely free in establishing the system of taxation. While the Constitution of 1875 modified the above restriction by permitting the Legislature to enact general laws exempting a limited amount of property from taxation when used exclusively for educational, religious or charitable purposes, ^^^ it went much further in the other direction and imposed restrictions upon the power of the Legislature to determine the kind and rate of taxation and its method of assessment and apportionment for State and i»6Ibid., Art. X, Sec. 12. iD'Ante, p. 23. lo'Constitution, 1875, Art. IV, Sec. 45. i»sibid.. Sec. 47. i»9Ante, p. 23. ""Constitution, 1865, Art. XI, Sec. 16. J'lConstitution, 1875, Art. X, Sec. 6. 30 JOURNAL OF THE MISSOURI local purposes. The general property tax system had been established for many years as a result of legislative enactment, but the provisions of Article X of the Constitution of 1875 made this system compulsory upon the Legislature. As the evil results of uncontrolled local assessments had made them- selves manifest, the Constitution provided for a State Board of Equalization. ^^2 Unfortunately, however, by providing that this board should consist of the Governor, State Auditor, Treasurer, Secretary of State and Attorney-General, the Constitution prevented the Legislature from establishing an efficient central control over the local assessing officials. A low maximum tax rate was fixed for State purposes,*^^ and local authorities in counties, cities and towns and schools were limited by the establishment of similar maxi- mum rates. ^^^ The latter rates could be increased for the purpose of erecting public buildings when approved by two- thirds of the voters and for general school purposes a higher rate, not exceeding a second maximum, could be voted by a majority of the taxpaying voters. ^^^ As these maximum rates were not established on any logical basis, serious in- convenience and hardship have resulted from their operation. T lus, for example, the maximum rate for State purposes was fixed at twenty cents on the hundred dollars valuation of property but it was provided that when the taxable property of the State amounted to nine hundred million dollars the rate should not exceed fifteen cents. When in 1892 it became necessary to reduce the rate to fifteen cents because the valuation exceeded nine hundred million there was an actual loss in State revenue from this source of nearly four hundred thousand dollars for that year.^^^ The rates for local purposes were even more illogical and arbitrary. In the case of counties they varied according to assessed value, in some cases increasing and in others decreasing with mlbid . Sec. 18. "»Ibid.. Art. X, Sec. 8. '"Ibid., Art. X. Sec 11. "'Ibid. "•Report, State Auditor, 1891-92, p. 21. CONSTITUTIONAL CONVENTION, 1875 31 an increase in the valuation. In cities the basis was popula- tion and here the arrangement was more scientific as the rates uniformly increased with increase in population. There was a flat rate of forty cents for school purposes in all dis- tricts but this could be increased in the manner indicated above to one dollar in town and city school districts, while without any rational basis of distinction, rural school districts were restricted to sixty-five cents. The legislative power of apportioning taxes was re- stricted by provisions requiring all property to be taxed in proportion to its value, ^^^ and establishing the rule of uni- formity as regards the same class of subjects within the territorial limits of the taxing authority. The Constitution likewise limited the legislative power to control expenditures. Both of the previous Constitu- tions had provided that no money should be paid out of the treasury except as appropriated by law,^^^ and an amend- ment adopted in 1870 had prohibited any appropriation or donation by the State or localities in aid of any religious purpose or organization."'^ The Constituti )n of 1875 not only continued these restrictions,i2o j^ i added others of importance. The order in which appropriations should be made was set forth under seven heads, the last including appropriation for the pay of the General Assembly with the evident purpose of insuring that none of the preceding items would be omitted or overlooked before adjourn- ment. ^^i Yhe third item of appropriation was for free pub- lic school purposes. The Constitution also provided that not less than 25 per cent of the State revenue, exclusive of the interest and sinking funds, should be set aside annually for the support of public schools. ^-^ The Legislature was also forbidden to give or to authorize any county or other ^'Constitution, 1875, Art. X, Sec. 4. "sconstitution, 1820, Art. Ill, Sec. 31; Constitution, 1865, Art. XI, Sec. 6. ii'Laws, 1870, p. 501. i20Constitution, 1875, Art. IV, Sec. 43; Art. XI, Sec. 11. i2ilbid.. Art. IV, Sec. 43. i22lbid.. Art. XI, Sec. 7. 32 JOURNAL OF THE MISSOURI locality to give public money or thing of value to any in- dividual or corporation except in case of public calamity. '^^ Second in importance only to the financial limitations were the restrictions upon special legislation. As previously indicated, ^-^ this power of the Legislature had been abused, with the result that the Constitution of 18C5 prohibited its exercise in thirteen classes of cases and undertook to prevent it in all cases in which a general law could be made applicable. While the prohibition prevented special legislation in the cases enumerated, the latter provision was not efTective as the Legislature could determine the question of applica- bility. Llence the evil continued during the next decade, the percentage of local and special acts exceeding that of public general laws.^^^ The members of the Constitutional Convention of 1875 were well aware of the extent and evils of special legislation and they proceeded to adopt efTective limitations. In the first place the number of cases in which the Legislature was absolutely forbidden to enact special laws was increased to thirty-two. 126 jj^ ^^g next place while the Constitution of 1865 was followed in forbidding special legislation in all cases where a general law could be made applicable, the entire matter of applicability was expressly made a judicial ques- tion to be "judicially determined without regard to any legislative assertion on that subject."'" While the Legisla- ture retained the power of repealing existing special laws it was forbidden to indirectly enact a special law by the par- tial repeal of a general law.'-^ Finally, for the cases outside of the enumerated classes where a general law could not be made applicable, the Legislature's power to enact a special law was restricted by a provision requiring publicity of the proposed measure for thirty days prior to its introduction '"Ibid., Sec. 46, 47. ""Ante, p. 22. '26See table in Harper, Local and Special Legislation in Missouri, Manuscript in Library of University of Missouri. "'Constitution, 1875, Art. IV. Sec. 53. >"Ibid. •"Ibid. CONSTITUTIONAL CONVENTION, 1875 33 as a bill. ^29 The effectiveness of these restrictions is shown in the great reduction in the mass of legislation following the inauguration of the Constitution of 1875. The average number of pages in the session acts of a General Assembly during the decade after the adoption of the Constitution was only 275 as compared with 769 during the preceding ten years. ^^° Among the matters concerning which the Legislature was forbidden to enact special laws there were a number affecting counties, cities, townships, etc. The subject of local government, moreover, had assumed so much import- ance that a separate article was devoted to counties, cities and towns, and the Legislature's power in the field was cor- respondingly reduced. Provisions which already existed regarding changes in the size of counties and removal of county seats were continued and amplified. ^^^ While the Constitution did not undertake to regulate county organiza- tion in detail, it provided as did the Constitutions of 1820 and 1865 for the election of a sheriff and coroner in each county. ^'2 Provision was also made for a county court to transact county business^^^ and express constitutional autho- rization was given for a township organization law which could be adopted by the voters of any county. ^^* While the Constitution forbade special legislation regarding cities, it did not make a single uniform organization necessary. The Legislature was authorized to classify cities in not ex- ceeding four groups and to make provisions by general law so that the cities in each class would possess the same powers. 1^^ It is interesting to note, moreover, that despite the re- strictions upon special legislation, the Constitution recog- nized the necessity for it in the case of large cities but left such i2»Constitution, 1875, Art. IV, Sec. 54. ""Harper, Local and Special Legislation in Missouri. isiConstitution, 1875, Art. IX, Sees. 2-5. "2Ibid., Sees. 10, 11. »3Constitution, 1875, Art. VI, Sec. 36. "4Ibid., Art. IX, Sees. 8, 9. "6lbid., Sec. 7. 34 JOURNAL OF THE MISSOURI power in the hands of the voters of the city. This was done through the invention of the "home rule charter" provision. While this was introduced for the benefit of St. Louis,^" similar sections were adopted for any city with more than one hundred thousand inhabitants.'" Under these provisions the voters of the city may elect a board to draft a charter subject to certain constitutional re- strictions and if this charter is later ratified by the voters it bee )mes the organic law of the city. While the "home rule" provisions do not entirely exempt the cities from control by the Legislature/^^ they give them much greater freedom in determining their organization and activities and are justly regarded as a valuable c)ntribution to the betterment of city government not only in Missouri but in many other states. '^^ It should finally be noted in this connection that the provisions of the Constitution regarding St. Louis authorized the separation of the city from the county and provided that after such separation the city for purposes of representation in the Legislature, collection of State revenue, and all other functions in relation to the State, should be treated in the same maaner as if it were a county.'^" Before leaving the subject of limitations upon the Legislature it is desirable to note the introduction in the Constitution of 1875 of numerous provisions restricting legislative procedure. A few regulations of this nature appeared in the Constitution of 1820 and these were ex- panded in 1865. In 1875, however, the subject was con- sidered so important that nineteen sections of the legislative article were grouped under the title "Legislative Proceed- ings. "^^^ These included the restrictions which had appear- ed in previous constitutions with significant changes and additions, all indicating distrust of the Legislature and desire "•Ibid.. Sees. 20-25. "'Ibid.. Sees. 16, 17. "'See for a discussion of the decisions of the Supremo Court on this point. Harper, Local and Special Legislation in Missouri. "•.See Mcliain, Law and Practice of Municipal Home Rule. ""Constitution, 187.5, Art. IX, Sees. 20-25. "'Constitution, 1875, Art. IV, Sees. 24-42. CONSTITUTIONAL CONVENTION, 1875 35 to establish safeguards against hasty and ill considered legislation. It was specifically provided that no law should be passed except by bilP^^ which must be reported upon by a committee, printed and read on three different days in each house. ^*^ The proviso in former Constitutions^*'' giv- ing each house by a two-thirds vote the power to suspend the latter rule was now omitted. The requirement for an absolute majority on a yea and nay vote for the passage of bills, introduced in 1865^*^ was retained, ^^^ and the same rule was now applied to the approval by one house of amend- ments to its bills which have been adopted by the other and to the adoption of reports of conference committees.^'*' As in 1845 and 1865, the most important question relating to the organization of the Legislature was that of the basis of representation in the lower House. The pro- posals submitted by members of the Convention ranged from that of representation proportional to population as in the Senate, to that of one Representative for each county, regardless of its size.^*^ The St. Louis members naturally favored the former plan, but as they recognized that it was hopeless, they concentrated their strength upon the demand for a reduction in the number of ratios required for additional Representatives. While they were not completely success- ful in their efforts and insisted upon presenting a minority report, the plan recommended by the committee and adopted by the Convention was more favorable to the larger counties than that contained in the Constitution of 1865. ^^^ The ratio was determined in the same manner, by divid- ing the population of the State by two hundred. ^^^ As before, each county with one ratio or less was to have one Representative. However, instead of two additional ratios '"Ibid., Sec. 25. '"Ibid., Sees. 26. 27. "♦Constitution, 1820. Art. Ill, Sec. 21; Constitution, 1865. Art. IX. Sec. 23. '"Constitution, 1865, Art. IV. Sec. 24. '"Constitution, 1875, Art. IV. Sec. 31. '"Ibid., Sec. 32. '«8Dry, The Article on the Legislature in the Missouri Constitution of 1875, pp. 11- 35, Manuscript in Library of University of Missouri. '"Constitution, 1865, Art. IV, Sec. 2. 'soConstitution. 1875. Art. IV. Sec. 2. 36 JOURNAL OF THE MISSOURI for the second Representative and three additional ratios for each additional Representative, as fixed in the Constitu- tion of 1865, it was now provided that one and one-half additional ratios should be sufficient for the second Repre- sentative, the same number for the third, two additional ratios for the fourth and two and one-half additional ratios for each additional Representative in excess of four.^^^ Under the plan adopted it was estimated that the larger counties would receive twelve additional Representatives and that of these St. Louis county, including the city of St. Louis, would receive three. ^^^ While the new system was not nearly so favorable to the more populous counties as the provision in the proposed Constitution of 1845, ^^^ it was less discriminating than the plan included in the amend- ment of 1849,^^* and marked a distinct advance over the provisions in the constitution of 1865.^^^ The single ticket plan of representation introduced in 1865 was retained, though provision was made that when any county was entitled to more than ten representatives the circuit court should divide the county into districts so as to give each district not less than two, nor more than four Representatives. ^^^ No change was made in the apportion- ment of Senators but, as a check upon gerrymandering, it was provided that the districts should be "as nearly equal in population as may be,"^" and that in districts containing two or more counties the latter should be contiguous, the districts as compact as may be, and in the formation of the same no county should be divided. ^'^^ Moreover, as the Legislature after the census of 1870 had failed to redistrict the State, it was now provided that in the event that the Legislature should fail or refuse to divide the State into »ilbid. >"See below, p. 877. i"Ante, p. 15. '"Ante, p. 16. i«Ante, p. 23. "'Constitution, 1875, Art. IV, Sec. 3. "'Ibid., Sec. 5. "sibid.. Sec. 9. CONSTITUTIONAL CONVENTION, 1875 37 senatorial districts after each decennial census, such duty should be performed by the Governor, Secretary of State and Attorney-General. 1^^ As a result of the tendency of the Legislature to hold adjourned sessions, the rule of annual sessions had practi- cally been introduced. This was now prevented by the provisions that the General Assembly should meet in regular session once only in every two years,^^" and that any adjournment or recess for more than three days should constitute an adjournment sine die.^^^ Additional evidence of a prevailing belief that there was too much legislation is found in the adoption of a plan for restricting the length of the session which was introduced by the amendment of 1849 but abolished again in 1857. ^^^ As reintroduced in the Constitution of 1875, it fixes a maximum compensation of five dollars a day for members of the Legislature with the provision that after the first seventy days of the session this shall be reduced to one dollar except that in a revising session the reduction does not take effect until after the first one hundred and twenty days of the session. ^^^ Compensation for mileage, stationery, etc., was also strictly regulated. ^^^ The tendency to restrict the Legislature manifested itself also in the form of increased power for the Executive. The number required to overcome the Governor's veto was now increased from the majority required under previous constitutions to two thirds of all the members elected to each house. ^^^ Moreover, the content of the power was enlarged by giving the Governor authority to veto specific items in appropriation bills, ^^^ Finally, recognition of the fact that there is a great congestion of bills at the close of a session resulted in giving the Governor thirty days within "•Ibid., Sec. 7. »6»Ibid.. Sec. 20. i"Ibid., Sec. 21. >»2Ante, p. 17. "'Constitution. 1875, Art. IV., Sec. 16. i"Ibid. "5Ibid., Sec. 39. "'Constitution, 1875, Art. V, Sec. 13. 38 JOURNAL OF THE MISSOURI which to approve or disapprove any measure presented to him within ten days of the adjournment of the Legislature.^®^ The provision of the Constitution of 1865 preventing the Legislature in special session from acting upon any matter not included in the Governor's proclamation^®^ was retained with the addition that the Governor could recommend other matters by special message after the Legislature had convened. ^®^ In addition to the requirement existing in previous Constitutions, that the Governor should recom- mend measures to the Legislature, there now appeared the provision that at the beginning of each regular session he should present estimates of the amount of money required to be raised by taxation of all purposes. ^^^ This provision taken in connection with the Governor's power to veto specific items in appropriation bills, appears to contain the germ of an executive budget system. The organization of the Executive Department was not materially changed. The two-year term for elective State executive officials introduced in 1865 for all except the Superintendent of Schools, ^^^ was now abandoned and the four-year term of the Constitution of 1820 restored, the Governor and Treasurer being ineligible to re-election as their own successors. ^'^ a number of ex-officio boards were provided including the State Board of Equalization, ^^ and Board of Education, ^^^ which had been created in 1865.^" There was no important change made in the organiza- tion of the Supreme or circuit courts but the congested docket of the former led to the creation of the St. Louis Court of Appeals which it was hoped would dispose finally of many cases and thereby relieve the Supreme Court. This court was limited in its jurisdiction to the City of St. "'Ibid.. Sec. 12. '"Constitution of 186.5, Art. V. Sec. 7. '"Constitution, 187,5, Art. IV, Sec. 55. ""Ibid., Sec. 10. "'Ante. p. 24. '"Constitution, 1875, Art. V. Sec. 2. "»Ibid., Art. X. Sec. 18. "♦Ibid.. Art. XI, Sec. 4. '"Constitution, 1865. Art. IX. Sec. 3. CONSTITUTIONAL CONVENTION, 1875 39 Louis and the counties of St. Louis, St. Charles, Lincoln and Warren, and it was to consist of three judges elected for terms of twelve years by the voters of the city and coun- ties named. ^^'^ The provisions of previous constitutions which required the Supreme Court to be held in different districts of the State^^^ were now eliminated and all of its terms were to be held at the State capitol.^^^ A section of the Constitution of 1865 which required the Supreme Court to give its opinion upon questions of constitutional law, when required by the Governor or either house of the Legis- lature,*'^ was also omitted at this time. The Constitution of 1865 had introduced into the dec- laration of rights, provisions enabling property to be for- feited for treason,*^'' restricting the amount of land which could be held by religious corporations, ^^^ and declaring void gifts and transfers to them or for their benefit. ^^^ These provisions had aroused considerable hostility and they were eliminated by the Constitutional Convention of 1875. It was also provided that a grand jury should consist of twelve men of whom nine could fmd an indictment and that in courts not of record a jury could consist of less than twelve*^'. Suffrage as defined in the Constitution of 1875*^* was not materially different from that of the Constitution of 1865 after the adoption of the amendments of 1870.*^^ The one important exception was the failure to include the educational qualification of the Constitution of 1865,'^^ which was not to become effective until January 1, 1876, and hence never came into operation. Some changes were made regarding registration. It will be recalled that the general registration which was associated with the "iron I'sconstitution, 1875, Art. VI, Sees. 12, 13. i"Constitution, 1820, Art. V, Sec. 5; Constitution, 1865, Art. VI, Sec. 5. i"Constitution, 1875, Art. VI, Sec. 9. "nConstitution, 1865, Art. VI, Sec. 11. isoConstitution, 1865, Art. I, Sec. 26. '"Ibid., Sec. 12. "2lbid., Sec. 13. "'Constitution, 1875, Art. II, Sec. 28. i8«Ibid., Art. VIII, Sec. 2. 185 Ante, p. 21. "'Constitution, 1865. Art. II, Sec. 19. 40 JOURNAL OF THE MISSOURI clad oath" was unpopular and had been abolished in 1873 when the Legislature was given authority to provide for registration only in cities with more than ten thousand in- habitants.^" The hostility still continued and the Consti- tution, while requiring the Legislature to enact registration laws for all cities and counties having more than one hun- dred thousand inhabitants, did not permit it to do this for any city which did not contain more than twenty-five thous- and population. ^**^ It has already been pointed out^^^ that the Constitu- tion required the Legislature to appropriate not less than 25 per cent of the general revenue of the State for the sup- port of public schools. This marked a great advance in the development of the principle that public education was a matter of State as well as local concern. While the other provisions of the article on education followed the general model of the Constitution of 1865, some features were less progressive in character. Thus, for example, the age for free public school instruction, established by the Constitu- tion of 1865, between five and twenty-one years,^^" was changed in 1875 to between six and twenty years. ^^^ The former Constitution contained a provision expressly author- izing the Legislature to enact a limited compulsory education Iawi^2 ly^i ii^[^ ^y^s not included in the Constitution of 1875. The Constitution of 1865 required the Legislature, so far as possible, to incorporate all local school funds into the State public school fund and in distributing the annual income of the latter to take into consideration local funds so as to "equalize the amount appropriated for common schools throughout the state. "^^^ xhe Constitution of 1875, on the other hand, expressly recognized the county school funds and provided that the income therefrom should be appro- JS'Ante, p. 21. "88Constitution, 1875. Art. VIII, Sec. 5. '"Ante, p. 31. ■•oConstitution, 186.5, Art. IX, Sec. 1. '•'Constitution. 1875, Art. XI. Sec. 1. '"Constitution, 1865, Art. IX, Sec. 7. '"Ibid., Sec. 9. CONSTITUTIONAL CONVENTION, 1875 41 priated for free public schools in the several counties. ^^^ While the Constitution of 1865 permitted the establishment of separate schools for children of African descent, ^^^ the Constitution of 1875 made this obligatory. ^^^ Both Consti- tutions provided for the State University, the Constitution of 1875 vesting its government in a board of nine curators appointed by the Governor with the consent of the Senate. ^^^ The article on corporations was of much greater sig- nificance than in the other Constitutions. The Constitu- tion of 1820 was concerned only with banking corporations. ^^^ The Constitution of 1865 prohibited the giving to banks the privilege of issuing bank notes and required the enactment of laws to enable existing banks of issue to reorganize as national banks. ^^^ It also contained a few sections relating to corporations in general. In the Constitution of 1875, however, the greater part of the article on corporations is devoted to railroads, thirteen of the twenty-seven sections relating to this subject. Railroads were declared public highways and railroad companies common carriers and the Legislature was authorized to fix reasonable maximum rates and to pass laws to prevent discrimination and to cor- rect abuses. 2*^° Railroads were forbidden to give passes to any State, county or municipal officers and the latter were forbidden to accept such passes under penalty of forfeiture of office. 2"^ The prohibition upon the creation of corpora- tions by special act had been introduced in 1865.202 \^ ^ check upon the creation of corporations, a fee of fifty dollars was required for the first fifty thousand dollars or less of capital stock and a further sum of five dollars for each additional ten thousand dollars of stock. ^o^ State participa- I'lConstitution, 1875, Art. XI, Sec. 8. i»6Constitution, 1865, Art. IX, Sec. 2. 1 "Constitution, 1875, Art. XI, Sec. 3. '"Constitution, 1865, Art. IX, Sec. 4; Constitution, 1875, Art. XI, Sec. 5. I'sAnte, p. 9. '•'Constitution, 1865, Art. VIII, Sees. 1. 3. so»Constitution, 1875, Art. XII, Sec. 14. "'Ibid., Sec. 24. 2i>2Constitution, 1865, Art. VIII, Sec. 4; Constitution, 1875, Art. IV. Sec. 53; Art. XII, Sec. 2. "'Constitution, 1875, Art. X, Sec. 21. 42 JOURNAL OF THE MISSOURI tion in any bank was prohibited-"'' and no corporation with banking powers, except deposit and discount, could be created except with the approval of a majority of the voters of the State. Bank officials were made civilly and criminally liable in case they received deposits or created debts after they had knowledge that the bank was insolvent or in fail- ing circumstances.-"^ The article prescribing the mode of amending the Con- stitution was not different in any essential detail from the similar article in the Constitution of 1865. An amendment could be proposed by an absolute majority in each house, and ratified at the next general election by a majority of the voters voting on that proposition. ^"^ Any number of amend- ments may be proposed but each amendment must be sub- mitted separately.-"^ The Legislature was also authorized to submit to the voter the question of holding a Constitu- tional Convention. If a majority of the voters on that question were in favor of a Convention, the Governor was required to order an election of two delegates for each sena- torial district. The Constitution as drafted by the Conven- tion must be submitted to the voters at a special election and if ratified by a majority it will become the Constitution of the State at the end of thirty days after such election. ^^^ Constitutional Amendments, 1875-1920, The prolonged delay in publishing the journal of the Constitutional Convention of 1875 makes it possible to include with this survey of constitutional development an account of the amendments to the Constitution of 1875. This should be of value as indicating defects which existed or have developed in that instrument and the remedies suggested or put in operation. Ninety-nine amendments »o»Ibid., Art. XII, Sec. 25. Jf'Ibid., Sec. 27. "«Ibid., Art. XV. Sec. 2. "'This provision is construed in Gabbert v. C. R. I. & P. Ry. Co., 171 Mo. 84 >i>»Con8titution. 1875. Art. XV, Sec. 3. CONSTITUTIONAL CONVENTION, 1875 43 have been proposed of which twenty-three have been approv- ed by the voters, sixty-three have been rejected and thirteen remain to be acted on at the November election of 1920. Every General Assembly since 1875 except three has pro- posed one or more amendments. These figures become more impressive when it is pointed out that all but thirteen of these amendments have been submitted to the voters during this century, an average of nearly eight at each biennial election. A total of thirty amendments were voted upon at the three elections in 1910, 1912 and 1914. Only three amendments were submitted in 1916 and nine in 1918, but all records are broken by the thirteen amendments which will be presented to the voters next November. There is here evidenced a growing conviction that many of the provisions of the Constitution are no longer adapted to present conditions. The fact that only a little more than 25 per cent of the amendments voted upon were ratified is due to two causes. First, many voters do not show much discrimination but manifest a strong tendency to vote the same way on all amendments. Thus at every election except in 1884, 1908 and 1916, all amendments submitted have been either all ratified or all rejected. At every election beginning with 1910 an amendment has been submitted involving pro- hibition, woman suffrage or the single tax, to all of which the majority of the voters were opposed. The result has been the defeat of all amendments except in 1916, when there were only three amendments submitted and an effec- tive organization succeeded in creating sufficient public attention to ratify an amendment permitting the granting of pensions to the deserving blind. The second influence operating to cause the defeat of the process of Constitutional amendment has been the growing conviction that it is in- adequate to remedy the defects of the existing situation; that amendments at best would be merely palliative and that what is needed is a general revision by a Constitutional Convention. 44 JOURNAL OF THE MISSOURI The first amendment to the Constitution of 1875 which was ratified by the voters was the outgrowth of the con- gested docket of the Supreme Court. As previously indi- cated, this condition existed in 1875 and the Constitutional Convention sought to correct it by creating the St. Louis Court of Appeals. ^°^ In 1882, an amendment increasing the number of Judges of the Supreme Court to six and divid- ing the court into two divisions-^" was rejected by the voters. Two years later the voters approved an amendment estab- lishing the Kansas City Court of Appeals, dividing the counties of the State between this court and the St. Louis Court of Appeals and authorizing the Legislature to establish a third court of appeals and to change the districts and the pecuniary limit of jurisdiction of such courts. ^^^ The courts of appeals, however, did not relieve the Supreme Court of its burden and in 1890 an amendment was ratified which in- creased the number of Supreme Court Judges to seven and established a civil and a criminal division of such court.^^^ The congestion of cases still continued. In 1895 the Legislature sought to correct some of the difficulties growing out of questions of jurisdiction but the amendment^^^ sub- mitted was rejected by the voters. The same was true of an amendment proposed in 1907 increasing the number of Judges of the Supreme Court to nine and creating a third division. The Legislature in 1919 proposed a similar amend- ment^'^ and also one increasing the number of judges of the St. Louis Court of Appeals to six^i^ and these will be voted upon next November. While the Legislature has done something to relieve conditions by providing for Supreme Court Commissioners, the bar of the State has indicated its opinion that conditions demand a revision of the entire article relating to the Judiciary. Attempts to expedite the "•Ante. p. 38. "»Laws, 1881. p. 228. «»Laws, 1883. p. 215. 'uLaws, 1889. p 322. "•Laws, 1895. p. 286. '"Laws, 1919. p. 762. •'•Laws. 1919, p. 763. CONSTITUTIONAL CONVENTION, 1875 45 procedure in the lower courts are to be seen in amendments adopted in 1900 authorizing in civil cases a two-third's jury verdict in courts not of record and a three-fourths' jury verdict in courts of record, ^^^ making indictment and in- formation concurrent remedies^^^ and providing that a grand' jury shall be convened only by order of a judge. ^^^ The provision of the Constitution prohibiting the giving of public money or thing of value to any individual or cor- poration^i^ prevented the granting of pensions to officials and employees. In 1892 an amendment was approved which permitted the Legislature to authorize cities to main- tain pension funds for disabled firemen^^o but similar amend- ments regarding pensions for policemen proposed in 1903^^^ and 1909"^ and for public school teachers proposed in 19Q9223 ^ere rejected. An attempt to grant authorization for pensions for the deserving blind^^* was defeated in 1914 but two years later a similar amendment^^^ was approved. On account of the limited revenue the Legislature was un- able to make an appropriation for such pensions. Hence, in 1919, it submitted an amendment requiring a special tax of not less than one-half of one cent and not more than three cents on the one hundred dollars' valuation to be levied for this purpose. This will be voted on next November. ^^e Limitations upon the financial powers of the State and its local subdivisions have been responsible for most of the amendments proposed and adopted. It is impossible to go into detail regarding these amendments. The following statement regarding those which have been approved will give some idea of the nature of the difficulties which have "'Laws, 1899, p. 381. "'Ibid., p. 382. 2'8Ibid. "•Ante, p. 31. "oLaws, 1891, p. 221. '"Laws. 1903, p. 278. '"Laws, 1909, p. 908. '2'Ibid. '"Laws, 1913. p. 782. '"Laws. 1915. p. 411. "•Laws, 1919. p. 759. 46 JOURNAL OF THE MISSOURI arisen. In 1900 the voters ratified an amendment^" authorizing the levy of a special road tax but exempting St. Louis, Kansas City, and St. Joseph from its provisions. Similar amendments, without the exemption, had been re- jected in 1884228 and 188622^ and one applying only to counties with less than 100,000 inhabitants was rejected in 1894.230 In 1906 the Missouri Supreme Court declared the amendment adopted in 1900 invalid as the exemption of the three cities violated the Fourteenth amendment of the Constitution of the United States. 2^1 Finally, in 1908, the voters approved a similar amendment applying to all counties without any exemption. 2^2 In 1900 there were also approved three other amend- ments of financial significance. Two had to do with the St. Louis World's Fair, authorizing St. Louis to aid it by issuing five millions in bonds233 and the Legislature to appro- priate one million dollars from the State sinking fund for an exhibit at the Fair.234 The third amendment which provided for taxing mortgages as interests in the property mortgaged and for dividing the assessment between the mortgagor and mortgagee, 2^" was held to be in conflict with the Constitution of the United States236 and was repealed by an amendment2" adopted in 1902. By 1901, the State bonded debt had been reduced to a small amount which it was clear would be extinguished in the near future. There remained, however, certificates of in- debtedness to the public school and state seminary funds which had been created by the using of these funds for the purchase and retirement of equivalent amounts of State bonds. As the certificates furnished a safe and profitable M'Laws, 1905, p. 313. ««Laws. 1883. p. 217. "'Laws, 1885, p. 255. "»Laws. 1893, p. 273. "'Johnson v. C. B. & Q. Ry. Co., 195 Mo. 228. MJLaws. 1909. p 906. "'Laws. 1905. p. 316. "•Ibid., p. 317. "'Ibid., p. 315. "•Russell V. Croy. 164 Mo. 69. "'Laws. 1905. p. 317. CONSTITUTIONAL CONVENTION, 1875 47 investment for the two funds, the Legislature submitted an amendment making them practically perpetual but provid- ing for the investment of future accumulations in these funds in approved county, municipal and school district bonds. "^ The same amendment made provision for a State interest tax not exceeding three cents on the hundred dollars' valua- tion to pay the interest on these certificates. This amend- ment was ratified in 1902. On account of the increasing population of cities, the limitations upon their financial powers became a matter of serious concern. In 1902 an amendment was approved which authorized St. Louis to levy in addition to the rate allowed by the Constitution for municipal purposes, the rate which would be allowed for county purposes if St. Louis were part of a county. ^^^ At the same time was ratified ah amendment which enabled St. Louis and Kansas City in computing their total bonded debt for the purpose of the five per cent maximum established by Section 12 of Article X of the Constitution, 2^" to exclude all bonds issued in con- nection with their municipally owned waterworks and in the case of St. Louis all bonds assumed by the city at the time of its separation from the county. -^^ Of the same general character was another amendment approved at the same time which authorized cities between 2,000 and 30,000 in- habitants to become indebted an additional five per cent for the purpose of constructing municipally owned water works or electric light plants. 2^2 Finally, in 1906, an amend- ment was adopted which permitted a county to become in- debted in excess of the five per cent maximum for road and bridge purposes. ^^^ While this amendment was under con- sideration in the Legislature a clause was added providing that Section 12 of Article X should not apply to counties containing cities with 100,000 inhabitants nor to cities with 238Laws, 1905, p. 318. 23»Ibid. 2«>Ante, p. 29. 2"Laws, 1905, p. 320."] ««Laws, 1905, p. 324. »«Laws, 1909, p. 905. 48 JOURNAL OF THE MISSOURI over 300,000 inhabitants. This proviso, however, was not set forth in the amendatory clause of the resolution and hence under the ruling in Gabbert v. G. R. 1. & P. Ry. Go., 171 Mo. 84, did not become a part of the amended section. The evils arising out of constitutional provisions limit- ing in detail the financial powers of the Legislature and local subdivisions and the difficulty of correcting these by the process of amendment are well illustrated by the history of Section 12 of Article X of the Missouri Gonstitution. It is, of course, obvious that a debt incurred for a productive ex- penditure should not be subject to the same restrictions as those incurred for nonproductive purposes. Hence there was adequate justification for the two amendments adopted in 1902 giving St. Louis and Kansas Gity and cities between 2,000 and 30,000 inhabitants greater debt incurring power for the purpose of municipal ownership of public utilities. But the amendments being specific instead of general in character, could not of course provide for future contin- gencies and hence the demand for new amendments con- tinued to arise. In the first place, the situation was com- plicated by a decision of the Supreme Gourt holding that the second five per cent permitted under the amendment of 1902 must be restricted to debts for water works or electric light plants and that even if a city had used up part or all of its first five per cent debt allowance for either or both of these purposes it could not use the second five per cent for other purposes such as the building of a sewer system. ^^^ In other words, a city must build its public buildings, sewers, etc., first and later construct its water works and electric light plant. In the second place, there were other public utilities such as gas works, heating plants, street railways, etc., coming under the head of productive expenditures which clearly could not take advantage of the second five per cent authorized by the amendment of 1902. Finally, that amendment was restricted to cities between 2,000 and 30,000 •"State V. Wilder, 197 Mo. 1. CONSTITUTIONAL CONVENTION, 1875 49 inhabitants and could afford no relief to cities outside this group, for example, Joplin and Springfield since 1910, St. Joseph and, except as regards water works, St. Louis and Kansas City. While none of the amendments for securing relief in these matters has been ratified in recent years for the reasons indicated above, ^^^ their proposal by the Legis- lature indicates the urgency of the need. In 1907 an amendment was proposed to overcome the difficulty created by the decision of the Supreme Court in the Wilder case.^*^ It provided that any debt previously or thereafter incurred for water works or electric light plants should not be con- sidered in determining the original five per cent for which the cities concerned could become indebted. Another amendment in the same year proposed to authorize cities with 100,000 inhabitants to become indebted an additional five per cent for the purpose of acquiring subways^^^ and the same amendment was proposed again in 1913^*^ but all met the same fate. At the same time was rejected an amendment proposing to authorize Kansas City to issue pub- lic utility bonds to an amount not exceeding an additional twenty per cent of its assessed valuation for the purpose of acquiring any public service utility for the use of its citi- zens. ^^^ The principal of these public utility bonds was not to constitute an obligation of the city enforcible out of funds raised by taxation. At the election in November of this year there will be submitted an amendment which was framed to meet the needs of St. Louis, Kansas City and St. Joseph. ^^o It pro- poses to change the general rule of Section 12 of Article X of the Constitution so far as cities of 75,000 inhabitants or more are concerned by fixing ten per cent instead of five per cent as the maximum for the incurring of indebtedness. It also authorizes the same cities to issue public utility bonds 2«Ante. p. 43. "'Ante. p. 48. '♦'Laws, 1907, p. 453. "sLaws, 1913, p. 780. 8«»Laws, 1913, p. 776. 2"Laws, 1919, p. 751. 50 JOURNAL OF THE MISSOURI as provided in the amendment referred to above, which was proposed in 1913. The pending amendment differs in one feature from the one proposed in 1913 and from other amendments of this general character. All previous amend- ments, those rejected as well as those ratified, required the consent of two-thirds of the voters before any indebtedness authorized could be incurred. This amendment, however, would authorize the issuance qf the public utility bonds with the assent of four-sevenths of the voters. Another amendment to be voted on this year proposes to amend the amendment adopted in 1902,^51 by adding ice plants to the public utilities for which the additional five per cent in- debtedness may be incurred and by extending its provi- sions to cities of less than 2,000 inhabitants. "^ Counties also have found it necessary to appeal for amendments of Section 12 of Article X. It has been in- dicated that in 1906 authority was granted for indebtedness above the five per cent for road and bridge purposes. "3 In 1909, an amendment was proposed to secure similar authori- zation for the erection of a poor house^^^ but it was rejected by the voters despite the fact that the Constitution as originally adopted expressly authorizes this in the case of a court house or jail. The county of St. Louis which, as a suburb of the city of St. Louis, has a large urban population, sought authority to incur indebtedness for the construction of sewers and the acquisition of water works. While this was approved by the Legislature in 1911,'" it failed of rati- fication with all of the other amendments at the election in 1912. The restrictions upon the rates of taxation have been found burdensome in many cases and attempts have been made to amend these provisions of the Constitution. Refer- «'Ante, p. 48. "2Laws, 1919, p. 758. See also amendment rejected in 1918 which proposed to add improvement of streets as an item for which additional Ave per cent could be in- curred; Laws, 1917, p. 581. ">Ante, p. 47. "•Laws, 1909, p. 912. ""Laws, 1911. p. 448. CONSTITUTIONAL CONVENTION, 1875 51 ence has already been made to the numerous attempts which were finally successful to secure authority for a special county tax for road and bridge purposes"^ and also to the amendment giving the city of St. Louis authority to levy the county as well as the municipal rate."^ At the same time that the latter provision was adopted, the voters also ratified an amendment permitting boards of education in cities of 100,000 inhabitants to levy sixty cents instead of forty cents, which was the maximum which could be levied in other districts without the consent of a majority of the voting taxpayers."^ A number of attempts have been made to change the rates for school purposes^^^ and an amendment to be voted on this year seeks to remove the discrimination upon rural school districts by increasing the maximum rate for school purposes, which can be authorized by tax paying voters from sixty-five cents to one dollar, the same amount permitted in city districts. ^^^ There have also been attempts to change the rates for city purposes^^^ and for improve- ment of roads. '^2 At the election next November amend- ments will be submitted authorizing a rate of fifty cents for road purposes when voted by the voters of a road district^^^ and authorizing the Legislature to incur a debt not exceed- ing sixty million dollars for road purposes. ^^^ Another amendment to be voted on at the same time provides for the issuance of state bonds not exceeding one million dollars for the purpose of creating a soldiers' settlement fund to provide employment and rural homes for soldiers and sailors. 265 The "home rule charter" provisions of the Constitution "6Ante, p. 46. "'Ante, p. 47. sssLaws, 1905. p. 322. w'Laws, 1903, p. 282; Laws, 1917, pp. 577-579. woLaws, 1919, p. 755. "■Laws, 1909, p. 911; Laws, 1911, p. 446. 262Laws, 1907, p. 457; Laws, 1909, p. 913; Laws, 1913, p. 779; Laws, 1917, pp. 579-581. 263Laws, 1919, p. 755. 26*Ibid., p. 757. "SLaws, 1919, p. 760. 52 JOURNAL OF THE MISSOURI regarding St. Louis-^^ did not contain express authority for a revision of the charter by a new board and an amendment for this purpose was adopted in 1902.2" As the original provision for amending the charter with the consent of three- fifths of the voters at an election had not worked satisfac- torily because of the failure of many voters to vote either way, this amendment now provided that three-fifths of the voters voting for or against each charter amendment should be sufficient for its adoption. Finally, the original require- ment that the charter must provide for two houses of the city council was changed so as to require only one house. This amendment did not apply to the "home rule charter" provisions for other cities of over 100,000 population and Kansas City has made a number of attempts to amend these sections. In 1914, an amendment similar to that part of the St. Louis amendment of 1902 which provided for counting only the votes for or against charter amendments was defeated. 28* In 1918, an amendment was submitted by initiative petition providing for a charter commission for the revision of the charter whenever such proposition had been approved by the voters after submission by the city council or by initiative petition. ^^^ The amendment also pro- vided for charter amendments, submitted by a charter com- mission, the city council or initiative petition and ratified by a majority of those voting on each amendment. Finally, the people of the city were given a free hand in determining the form of their government by the omission of the provi- sion requiring a mayor and two houses of legislation. This amendment was defeated but the next Legislature sub- mitted substantially the same amendment and it will be voted upon again next November. ^''o Additional evidence of the difficulty of getting voters interested in propositions is furnished by an amendment "'Ante, p. 34. "'Laws, 1905, p. 320. »8Laws, 1914, p. 783. "•Official Manual, 1919-20, pp. 428, 429. >">Law8, 1919, p. 749. CONSTITUTIONAL CONVENTION, 1875 53 adopted in 1902 which changed the law regarding township organization by providing for its adoption by a majority of the voters of the county voting upon that propostition instead of by a majority of the voters at the election. ^^^ When the Constitution of 1875 was adopted the term of most of the county officials was only two years. The tendency arose, however, to lengthen the term to four years. It was possible for the Legislature to determine this question except in the case of the sheriff and coroner whose terms were fixed at two years by the Constitution. "^ An amend- ment adopted in 1906 extended these terms to four years. "^ The only amendment of the Constitution of 1875 which remains for consideration is the one providing for the initia- tive and referendum which was adopted in 1908.2^4 A similar amendment with stricter requirements but applying to the local as well as State government had been defeated in 1904.275 The amendment adopted in 1908 applies to constitutional amendments as well as matters of ordinary legislation. The initiative has been used only in connection with constitutional amendments. A total of fourteen amendments were proposed, one or more at each election beginning in 1910 and all were defeated."*' One amend- ment submitted by the initiative will be voted on in Novem- ber of this year.-" Four acts of the Legislature were by referendum peti- tions submitted to the voters in 1914 and all were rejected. "« The Prohibition Enforcement act and the Workmen's Com- pensation act passed by the last Legislature were held up by referendum petitions and will be voted on this year. In addition to those already referred to, the following amendments will be submitted to the voters at the forth- "iLaws, 1905, p. 324. •"Constitution, 1875. Art. IX, Sec. 10 2"Laws, 1909, p. 906. "urton (wealthy before the war), HoUiday, Lay, McCabe, Mabrey, Massey. Mudd, Pipkin, Priest, Ray, Rippey (once wealthy), J. W. Ross, Switzler, A. R. Taylor, and Wallace. "Bradfleld, Conway, Hammond, and Mortell. Some of these had enjoyed con- siderable income. CONSTITUTIONAL CONVENTION, 1875 67 If this proportion obtained for all the delegates, it means that over half, or fifty-five per cent, were the posses- sors of considerable property, and forty per cent were with- out worldly goods. It may be stated that the Convention was composed of the substantial, propertied classes. The delegates were largely men of means, whose individual wealth ranged from |10,000 to over a million dollars. Such men are inclined to be conservative, to plan their future on the tried basis of their past. Such men desire stability rather than change. A survey of the political complexion of the Convention shows that all except seven of the delegates were Democrats. Six delegates were Republicans and one was termed a Liberal. 2^ Eleven of the Democrats had been Whigs, one a Unionist, and one a Liberal Republican. ^^ Two of the Democrats later became Republicans. ^^ The public life of the delegates divides itself into two phases for the purposes under consideration, first, their career prior to 1875, and second, after 1875. The record of the delegates during these two periods is commendable. The delegates occupied many positions of honor and respon- sibility. Nearly all were at some time public servants and they performed well the duties of office holding. It is true, however, that compared with the framers of Missouri's first Constitution, they do not stand so high in public life. After 1875, none reached the Cabinet, none became a United States Senator, none sat in the gubernatorial chair of any commonwealth; only a small per cent were sent to Congress, and only one influenced the legislation of any state except Missouri. The 1820 Convention included the first United States Cabinet official appointed from west of the Mis- sissippi river; three men who later represented Missouri and Wisconsin in the United States Senate; four, who entered "The six Republicans were: Eitzen, Gottschalk, H. B. Johnson, Johnston McKillop, and Mudd. Fyan was a Liberal, and later became a Democrat. =6These eleven delegates were: Allen, Broadhead, Chrisman, Letcher, McCabe, Norton, Ray, Shackelford, Switzler, A. B. Taylor, and Wallace. Gantt had been a Unionist, and Pulitzer a Liberal Republican in 1870. 2«Hale and J. W. Ross. 68 JOURNAL OF THE MISSOURI the lower house of Congress; two who sat in the gubernato- rial chair of Wisconsin and of Missouri; one, who became a Lieutenant-Governor; two, who held the office of Secretary of State; two, that of State Auditor; two, who sat on the Missouri Supreme Court Bench; and twenty-three, who influenced the legislation of five American commonwealths." The comparison does not detract from the high merits of the delegates of 1875, since the Convention of 1820 was com- posed of a body of men of exceptional ability in the field of politics. Of the sixty-eight delegates, only sixteen had not held some political office prior to the Convention, and three of these had been candidates for public office. ^^ Of the fifty- two delegates with prevous public office holding experience, only three had served in either the United States or the Confederate Congress. Hyer had sat in the Confederate Congress and W. P. Johnson in the Confederate Senate. Johnson had been elected to the United States Senate but was expelled. Norton had been elected twice to the United States Congress as Representative but had been counted out once. Five delegates had held important positions on the bench. W. P. Johnson, Norton and Pipkin had been circuit judges; Adams had served on the Missouri Supreme Court; and Bradfield had served in Texas as a district judge under the Confederacy. Twenty-eight delegates, or two-fifths of the total num- ber, had legislative or high state executive experience. Three had served in the Missouri Constitutional Convention of 1845, and one in the Missouri Constitutional Convention of 1865." One other, Rucker, had sat in the Montana Constitutional "Shoemaker, Missouri's Struggle for Statehood, p. 149flf. J^These held no political office: Black, Boone (?), Chrisman, Crews, Conway, Dryden, Dysart, J. C. Edwards, Hammond (?), Ilolliday, McAfee, Maxey, Nickerson, Rider, Rippey, and J. W. Ross, Crews and McAfee had been candidates for Congress, and J. W. Ross for prosecuting attorney. Of these sixteen, twelve were lawyers, and one each was a banker, farmer, doctor, and editor. '•Broadhead, Massey and Pipkin sat in the 1S45 Constitutional Convention; Switzler in the 1865 body. CONSTITUTIONAL CONVENTION, 1875 69 Convention. Nine had been elected to the memorable Missouri State Convention of 1861-1863.="> Twenty had seen service in the Missouri Legislature' — twelve in the House, three in the Senate, and five in both bodies. ^^ H. B. Johnson had been Attorney-General of Missouri, and Massey had been twice elected Secretary of State of Missouri. Broad- head, Lay and Gantt had been United States district attor- neys, and Halliburton had been receiver of public money for the Chariton land district. Thirty-six delegates had held some county or local public ofTice. These offices were usually such as prosecuting attorney, councilman, county assessor, clerk, judge, surveyor, school commissioner, probate judge and justice of the peace^^. The public life of the delegates after 1875 is more no- table but less general than their careers before the war. Forty-one members, or sixty per cent of the sixty-eight delegates held no public position of state-wide eminence af- ter the Convention. Twenty-three of these held no political or public civil ofTice, and eighteen held only purely political party or minor civil offices. ^^ Of the remaining twenty-seven delegates, seven sat in Congress, thirteen in the Missouri General Assembly (in- cluding one who was later a Congressman), one became Lieutenant-Governor of Missouri, two sat on the Supreme Court Bench of Missouri, one served as judge of the St. "In the 1861-1863 convention were: Broadhead, Eitzen, Gantt, Norton, Pipkin, J. P. Ross, Shackelford, Shanklin, and J. W. Ross. "Former House members were: J. F. T. Edwards, Hale, Hardin, W. P. Johnson, Letcher, Mabrey, Mortell, Mudd, Pipkin, Pulitzer, Roberts, and Switzler. Former Senate members were: Gottschalk (president pro tem), Massey and Priest. Dele- gates who had served in both bodies were : Broadhead, Brockmeyer Halliburton Hjrer, and Watkins (speaker of the Hoiise, also). 32The thirty-six delegates were: Allen, Alexander, Brockmeyer, Carleton, Cottey, Davis, J. F. T. Edwards, Farris, Fyan, Gantt, Gottschalk, Halliburton, Hardin, H. B. Johnson, W. P. Johnson, Johnston, Lackland, Letcher, Mabrey, McKee, McKillop, Mortell, Mudd, Norton, Pipkin, Priest, Pulitzer, Ray, J. P. Ross, ShankUn, Shields, A. R. Taylor, J. H. Taylor, Wagner, and Wallace. "The twenty-three delegates were: Adams, Chrisman, Crews, Dysart, Hardin, Hyer, H. B. Johnson, W. P. Johnson, Johnston, Letcher, Mabrey, McKee, Massey, Mortell, Pipkin, Ray, Roberts, J. P. Ross, Rucker, A. R. Taylor, Wagner, Wallace, and Watkins. The eighteen members were: Allen, Boone, Bradfield, Conway, Crockett, J. C. Edwards, J. F. T. Edwards, Holliday, McAfee, McCabe, Nickerson, Rider, J. W. Ross, Shackelford, Shanklin, Spaunhorst, J. H. Taylor, and Todd. 70 JOURNAL OF THE MISSOURI Louis Court of Appeals, one sat in the Oklahoma Constitu- tional Convention of 1908, one was consul to Stuttgart, one became Assistant Attorney-General of the United States and agent and counsel of the United States Chilian Claims Com- mission, and one became chief of the bureau of statistics of the United States Treasury Department. ^^ Of these twenty- seven, four served as circuit judges, one as a member of the French Spoliation Claims Commission, and later as minister to Switzerland, and a number held local civil positions. ^'^ This resume on office holding shows clearly that fewer delegates participated in public life after 1875 than before. It also shows, however, that after 1875 more delegates reached higher offices, such as Congress, the Bench, and the United States administrative and diplomatic service. It should also not be forgotten that some attained high eminence in their vocations, which were largely of a public nature. The law and the press are at least semi-public. Some of Missouri's ablest lawyers were in this Convention and enjoyed almost a nation wide reputation after 1875. Certainly one of Missouri's most eminent journalists, Joseph Pulitzer, sat in this body, and finally reached the pinnacle of fame and power in his field after 1875. The Convention seated no such great public men as a Bates or a Barton, but it did have such remarkable men as a Broadhead, a Brockmeyer, and a Pulitzer. The Missouri Constitutional Convention of 1875 was composed of delegates of ability, education and experience. '♦The seven Congressmen were: Alexander, Broadhead, Davis, (three terms), Fyan (three terms). Hale, Lay, and Pulitzer (from N. Y.). The thirteen assemblymen were: Carleton (three terras as representative and one term as senator), Cottey (both as representative and as senator), Davis (representa- tive), Dryden (representative), Halliburton (senator), Hammond (representative), Lackland (representative), McKillop (senator), Mudd (representative). Priest (repre- sentative), and Rippey (representative). Erockmeyer became Lieutenant-Governor of Missouri. Black and Norton became juds^es of the Supremo Court. Gantt was presiding jud?e of the St. Louis Court of Appeals. Maxey helped frame Oklahoma's Constitution of 1908. Gottschalk became consul to Stuttgart. Shields was connected with the United States Department of Justice, etc., and Switzler with the bureau of statistics. "The four circuit judges were: Black, Fyan, Gottschalk and Shields. Broad- head became minister to Switzerland. CONSTITUTIONAL CONVENTION, 1875 71 These qualifications were real assets and made possible the drafting of a strong constitution. The delegates were also men of means. This fact favored the drafting of a conserva- tive constitution containing stringent restrictions on public taxation, bonded indebtedness and state and local expendi- tures. This factor also worked toward a general decen- tralized financial system which was subject to the best conservative regulations that could be desired, express limitations in the Constitution and local control. The dele- gates were men of rather mature age, fifty per cent averaging fifty-six years old. Such a body of men is again inclined toward conservatism, especially so if their later years have embraced a period of war time inflation, property insecurity, increasing public indebtedness, rising taxes, and falling prices culminating in a general financial depression. As a result of these facts, the personnel of this Convention made possible only one kind of a Constitution — a fundamental law that would adequately and fully meet such needs and problems as had been peculiar to Missouri during the pre- vious decade and a half. The result was a conservative, detailed, restrictive, document, which, despite nearly fifty years of such growth and progress in this state as no one would have dared prophesy in 1875, is still Missouri's organic law. BIOGRAPHICAL SKETCHES OF THE DELEGATES BY BUEL LEOPARD. Waldo P. Johnson (Democrat), president of the Con- vention, was born in Bridgeport, Virginia, September 16, 1817. He was educated at Rector College in Pruntytown, Virginia, graduating in 1839. He then studied law and was admitted to the bar in 1842. In 1843 he came to Missouri and located in Osceola. In 1846 he was elected to the Missouri Legislature. He was made circuit attorney for the Seventh judicial district in 1848 and in 1851 was elected judge, but resigned in 1852. In 1854 he was nominated for Congress but was defeated by a small majority. In 1861 he was made a delegate from Missouri to the Peace Conference which met in Washington in February. He was later made United States Senator, taking his seat in July, 1861. He made an effort to have a convention called at Louisville to try to adjust the differences between the North and South but the resolution failed. On January 10, 1862, he was ex- pelled for disloyalty. The following year he was appointed to the Senate of the Confederate States. Threatened with arrest by the United States Government at the close of the war, he made a residence in Canada until 1866. He was then paroled and returned to Osceola. From 1876 to 1884 he practiced law in St. Louis, after which he returned to Osceola, although he still maintained an office in St. Louis. He served in the Mexican War and, previous to his appoint- ment to the Confederate Senate, had seen active service in the Southern Army. In 1847 he was married to Miss Emily Moore of Clarksburg, Virginia. He died in Osceola, August 14, 1885. Nathaniel Watkins (Democrat), vice-president of the Convention, was born in Woodford county, Kentucky, January 28, 1796. He was a half-brother of Henry Clay. (72) CONSTITUTIONAL CON/ENTION, 1875 73 He served in the War of 1812. His early education was largely self-acquired. He studied law in Transylvania University, graduating with distinction.* He later studied law under the direction of Judge Henry Davidge ojf Gallatin county, Kentucky, and was licensed to practice in 1819. Coming to Missouri in 1820, he located in Jackson, where he practised for more than fifty years. The last few years of his life were spent on his farm in Scott county. He held a number of public offices: in 1834, 1846 and 1850 he was a member of the Missouri House of Representatives, and was elected Speaker in 1850. In 1856 he was elected to the State Senate. He was a member of the State Convention in 1861 but abandoned his seat after the capture of Camp Jackson. Governor Jackson appointed him brigadier-general in the First military district of the State which embraced South- east Missouri. He organized the Missouri State Guards in that district but soon resigned his command. He married Miss Eliza M. Watson of New Madrid. He died in Cape Girardeau, March 20, 1876. Washington Adams (Democrat) was born in Christian county, Kentucky, in 1814. He received an academic education and then read law in Boonville, Missouri, with Peyton R. Hayden. He was licensed to practice law in 1835, and except when serving in public office, practiced in Boon- ville until his death. In December, 1871, he was appointed by Governor Brown to fill a vacancy in the Supreme Court. At the November election in 1872 he was elected to the same office, but resigned in October, 1874. In 1840 he married Miss Eliza Brown of Cynthiana, Kentucky. He was a mem- ber of the Episcopal church. He died in Boonville, May 7, 1883. Armsted M. Alexander (Democrat) was born in Clark county, Kentucky, May 26, 1834, and died in Paris, Mis- souri, November 7, 1892. The family came to Monroe ♦Tills statement is found in Bay, "Bench and Bar of Missouri" but is not found in any of the other biographies of Mr. Watkins. 74 JOURNAL OF THE MISSOURI county, Missouri, in 1841. He received a public school education and attended the University of Virginia, studying two years in the classical department and one year in the School of Law. He completed his legal studies at home and was licensed to practice in 1862. He was prosecuting attor- ney of Monroe county for six or eight years, and was a mem- ber of the Forty-eighth Congress. Llis wife was a daughter of Thomas Vaughn of Paris. He was a member of the Christian church and of the Odd Fellow fraternity. Dewttt C. Allen (Democrat) was born in Clay county, Missouri, November 11, 1835, and with the exception of about two years, spent all of his life in that county. He was graduated from William Jewell College in 1855 after which he was principal of the preparatory department of the Masonic College at Lexington. He then studied law under the direction of Col. Alexander W. Doniphan. He later studied with Richard M. Rees in Leavenworth, Kansas. He was admitted to the bar in 1860 and began to practice at Liberty. He was elected circuit attorney for the Fifth judicial district in 1860, but being a Southern sympathizer, he declined to take the test oath in 1861 and resigned. For a time he was an officer of the Kansas City & Cameron Rail- road and aided in securing the construction of the branch from Cameron to Kansas City. In 1896 he was a presiden- tial elector at large from Missouri. He was awarded the degree of LL. D. by the University of Missouri and was for many years a trustee of William Jewell College. He was the author of "Sketch of the Life and Character of Colonel Alexander W. Doniphan" and other historical and bio- graphical articles. In 1864 he married Miss Emily E. Settle of Ray county. He was a member of the Masonic order. Mr. Allen died February 12, 1920. Francis M. Black (Democrat) was born in Champaign county, Ohio, July 24, 1836, and died in Kansas City, Mis- souri, May 24, 1902. He attended the common schools and then taught school until he reached the age of twenty-two. CONSTITUTIONAL CONVENTION, 1875 75 At that time he entered the Farmers' College at New Cin- cinnati, Ohio, graduating three years later. He then read law with General John H. Young of Urbana, Ohio, and was admitted to the bar in 1864. He located in Kansas City, Missouri, and made that city his home until his death, ex- cept when holding public office. In 1880 he was elected judge of the Twenty-fourth judicial circuit. He was elected to the Supreme Court of Missouri in 1884 and served as Chief Justice during 1893-94. He was a candidate for re- election in 1894, but, with the rest of the Democratic ticket, he was defeated. Mr. Black helped to establish the Kansas City School of Law, served as its president and gave his services as a lecturer free. For several years before his death he served as special attorney for the police board. In 1867 he married Miss Susie Geiger of Dayton, Ohio. Henry Boone (Democrat) was born in West Virginia in 1831 and died in Eldorado Springs, Missouri, December 10, 1919. His father was a cousin of Daniel Boone. He studied law and was just beginning to practice when the Civil War began. During that struggle he served as a colonel in the Confederate army. After the close of the war, he went to Kansas where he taught school for a time. In 1868 he removed to DeKalb county, Missouri. For the next forty years he practiced law at Union Star. He also engaged in farming. About 1880 he was elected prosecuting attorney of DeKalb county. He lived in Eldorado Springs, Missouri, from 1914 until his death. In 1865 he married Miss Elizabeth Parsons. He was a member of the Christian church. George W. Bradfield (Democrat) was born in Snick- ersville, Loudon county, Virginia, April 26, 1821. He received a common school education after which he studied law and was admitted to the bar. In 1858 he went to Knox- ville, Tennessee, where he had charge of the Knoxville Register until the Civil War. During that war he was appointed a district judge of the Confederate States in the Texas division. He later served as secretary to Postmaster- 76 JOURNAL OF THE MISSOURI General Reagan in President Davis' cabinet. He came to Lebanon, Missouri, in 1867, where he spent the remainder of his life. He served several terms in the offices of prose- cuting attorney and probate judge of Laclede county. On January 16, 1846, he married Miss Matilda Ellen Klein, who died in 1861. He was then married to Miss Mary J. Hudson in 1868. He was a member of the Congregational church. He died in Lebanon, January 20, 1904. James 0. Broadhead (Democrat) was born in Char- lottesville, Albermarle county, Virginia, May 29, 1819. He attended a classical school at Red Hills, Virginia. At the age of sixteen he entered the Un versity of Virginia where he remained for one year. After teaching for a year in a private school in Baltimore he came to Missouri in 1837. For three years he was tutor in the family of Edward Bates and read law with Mr. Bates. He was admitted to the bar in 1842. He practiced in Bowling Green until 1859 and then removed to St. Louis. Prior to the Civil War he was a member of the Whig party. He was a delegate to the State Constitu- tional Convention in 1845. In 1846 he was elected to the lower House of the Legislature and in 1850 became a member of the State Senate. Lie was again a delegate to the State Convention in 1861. In the same year he was appointed United States district attorney but soon resigned. When the Civil War broke out, Mr. Broadhead gave all his energy towards keeping Missouri in the Union. He was a member of the St. Louis Committee of Safety and was lieutenant- colonel of volunteers. Lie was then made provost-marshal- general of the Military Department of Missouri, Arkansas, Kansas, Indian Territory and Southern Iowa. In 1876 he was the choice of the Missouri delegation of his party for president. He was elected to Congress in 1882. In 1885 he was appointed to make examination of the French Spoliation Claims. He was minister to Switzerland from 1893-1897. He was president of the American Bar Association in 1878. In 1847 he was married to Miss Mary S. Dorsey, a native of Maryland. He died in St. Louis, August 7, 1898. CONSTITUTIONAL CONVENTION, 1875 77 Henry C. Brockmeyer (Democrat) a nephew of the "Iron Chancellor" Bismarck, was born near Minden, Prussia, August 12, 1828. He received a thorough education in the common schools of Prussia. At the age of sixteen he left his home and came to the United States. When he landed in New York he knew only a few words of English and had only twenty-five cents. For a time he worked as a bootblack along the Bowery. He then learned the currier's and tanner's trade. After learning the trade he worked in several cities and then set up an establishment of his own at Oktibbeha, Mississippi. With his trade he combined the making of boots and shoes. The business was highly suc- cessful but he was forced to give it up on account of his health. He then entered the preparatory department of Georgetown College (Kentucky), where he remained for two years. He later attended Brown University for almost two years. In 1854 he came to St. Louis for a second time, having worked there for a few months in 1848. He then went to Warren county where he lived the life of a recluse for several years. Returning to St. Louis he worked in a foundry and taught a class in German philosophy in the evenings. He later bought a farm and resided in Warren county. During the Civil War he served for a short time in the militia with the rank of captain. In 1862 he was elected to the Legislature from Warren county. In 1864 Mr. Brockmeyer went to St. Louis and opened a law ofTice, having previously been admitted to the bar in Warren County. In 1866 he was elected to the St. Louis board of alderman. In 1870 he was elected State Senator and in 1876 became Lieutenant-Gover- nor. For many years he was a prominent political speaker in this and other states. He was a leader in intellectual circles in St. Louis. He was the author of a drama "A Foggy Night at Newport" and was a contributor to the Journal of Speculative Philosophy. He translated Hegel's "Logic" but it was never published, owing to the failure of the publishing house. In 1861 he married Miss Elizabeth Robertson, who 78 JOURNAL OF THE MISSOURI died in 1864. In 1867 he married Miss Julia Keinlan. Mr. Brockmeyer died in St. Louis, July 26, 1906. George \Y. Carleton (Democrat) was born in Still- water, Saratoga county. New York, April 19, 1830. The same year his family moved to St. Clair county, Michigan. There he was reared and educated, attending the high schools of St. Clair, and fitted himself for the profession of civil engineering. In 1852 he came to New Madrid, Missouri, where he taught for a time. In January, 1855 he removed to Gayoso, Pemiscot county, and a few months later was appointed clerk of the county court. In the latter part of the year he was elected county surveyor. In 1860 he was chosen clerk of the county court for a term of six years and was also deputy clerk of the circuit court. At first he was a Union man but opposed abolition. After the capture of Camp Jackson, he decided to join the Confederacy. At the approach of the Federal troops, he took the records of Pemi- scot county to Memphis, where they remained until the close of the war. He first enlisted in the Confederate States Navy but was later transferred to the engineering depart- ment of the army with the rank of major. At the close of the war he helped reorganize the government of Pemiscot county. He then studied law and was admitted to the bar in 1871. For four consecutive sessions, 1879-1885, he represented Pemiscot county in the lower House of the General Assembly and in 1888 was elected to the State Senate. He also served as county school commissioner and county commissioner of swamp lands. After the burning of the county records in 1882 his abstract of land titles was made evidence in all courts by the Legislature. From 1871- 76 and 1887-92 he was editor of the Gayoso Democrat. He was one of the pioneers in the belief in the future of Pemiscot county. In 1853 he married Miss Summerville Tomlin. He was a member of the Masonic order. He died in Gayoso, March 31, 1893. William Chrisman (Democrat) was born in Fayette county, Kentucky, in 1822. He attended the schools in CONSTITUTIONAL CONVENTION, 1875 79 that county and then entered Georgetown College. He later attended Center College at Danville, Kentucky, from which institution he received the degrees of A. B. and A. M. in 1846. He studied law in Danville and was admitted to the bar in 1847. He came to Independence, Missouri, in 1848 and from that time until 1871 he engaged in the prac- tice of law. In 1857 he helped organize the banking house of Chrisman, Sawyer & Company. He was one of the in- corporators of the First National Bank of Independence in 1865. He helped establish the Independence Female Col- lege and the Independence Library and gave liberally to both. After 1871, he retired from the practice of law and gave his time to looking after his banking interests and in developing his large farm near Lee's Summit. In 1848 he married Miss Lucy A. Lee of Danville, Kentucky. He was a member of the Presbyterian church. He died in 1897. Edmund V. Conway (Democrat) was born in St. Louis county, Missouri, May 11, 1842. He studied law in Dan- ville, Kentucky, and practiced in Southeast Missouri, hav- ing his office in Farmington. At one time he was judge of the probate court of St. Francois county. He was a hearty supporter of the Confederacy but on account of a severe in- jury he was unable to take an active part in the war. In 1868 he married Miss Cora Barritt. He was a member of the Knights of Pythias, Royal Arcanum and Masons. For many years he was a prominent member of the Presby- terian church. He died in St. Louis in April, 1884. Louis F. Cottey (Democrat) was a resident of Knox county all of his life. He was born March 31, 1846. He attended school at Palmyra for a year and then entered Central College in Fayette, Missouri, graduating in 1869. After teaching school for two terms he began the study of law under Col. A. W. Doniphan in Richmond and was ad- mitted to the bar in 1871 and practiced in Edina after that time. In 1872 he was elected county superintendent of schools and held the office for two terms. In 1876 he was elected to the lower House of the Legislature and in 1878 he 80 JOURNAL OF THE MISSOURI became a member of the State Senate. He was a delegate to the State convention that nominated Phelps and Critten- den and to the Democratic national convention of 1896. From 1903-08 he was a member of the State Board of Geo- logy and Mines. In 1909 he bought a farm near Edina. On August 5, 1886, he married Mrs. Florence McGonigle. Mr.Cottey was a member of the Methodist EpiscopalChurch, South. Mr. Cottey died July 29, 1920. T. W. B. Crews (Democrat) was born in Henry county, Virginia, March 16, 1832. He was educated at Jefferson College (Pennsylvania) and Union College (New York), graduating from the latter in 1852. He then studied law with Judge John C. Wright of Schnectady, New York, and completed his studies with W. B. Napton of Saline county, Missouri. From 1855 until the outbreak of the Civil War, he practiced law in Marshall, Missouri. He served for a time in the Confederate Army and was promoted to the rank of lieutenant-colonel. Being prevented by sickness from further military service, he returned home. He was cap- tured by the Union troops and taken to St. Louis. After a time he was paroled but required to report in St. Louis every week. In order to be near military headquarters he removed to Franklin county and made that place his home the remainder of his life. In 1865 he opened a law office in St. Louis. With the exception of being a delegate to the Constitutional Convention of 1875, he held no public offices. In 1882 he lost the nomination for Congress by only one vote. He married Miss Virginia Jeffries in 1857. He died in St. Louis, June 25, 1891. Samuel R. Crockett (Democrat) was born in Frank- fort, Kentucky, May 15, 1831, and died in Nevada, Missouri, November 11, 1913. He was educated in the Frankfort schools and then studied law. He located in Vernon county, Missouri, in 1868. In 1870 he was elected circuit clerk of Vernon county. After 1875 he was, for a time, a resident of Texas. Returning to Missouri, he lived in Cedar county for a number of years, and served a term as probate judge CONSTITUTIONAL CONVENTION, 1875 81 of that county. He later returned to Nevada. For a num- ber of years he was editor of the Vernon County Democrat. While he did not see actual service in the Civil War, his sympathies were with the South. In 1862 he married Miss Helen Marr Duncan of Cooper county. He was a member of the Presbyterian church. Lowndes Henry Davis (Democrat) was born in Jack- son, Missouri, December 14, 1836 and died in Cape Girar- deau, Missouri, February 5, 1920. After finishing the course at Arcadia Academy, he entered Asbury University at Greencastle, Indiana, where he graduated. He then attend- ed Yale College, finishing the course in 1860. The Civil War interferred with his plans of going to Germany and he attended the Louisville Law School, gradauting in 1863. He was a Southern sympathizer but did not take an active part in the war. He opened a law office in Jackson in 1865. From 1868 to 1872 he was attorney for the Tenth judicial district. In 1872 he was an elector on the Brown-Greeley ticket. In 1876 he was elected to the lower House of the General Assembly. Two years later he became a member of Congress and was reelected in 1880 and again in 1882. He removed to Huntsville, Alabama, in 1892 where he lived on a plantation. In 1861 he married Miss Belle Hall of Shelbyville, Kentucky. He was a Mason and head of various temperance organizations. In 1897 he united with the Catholic church. Leonidas J. Dryden (Democrat) was born in Mont- gomery county, Missouri, December 31, 1835 and died in St. Louis, December 28, 1909, He was educated at St. Paul's College at Palm.yra, Missouri. He later studied law with his brother, John D. S. Dryden, and was admitted to the bar at Warrenton in 1859. There he practiced until 1901, specializing in commercial law. In 1876 he was elected to the Missouri House of Representatives. Mr. Dryden sympathized with the South during the Civil War, although he had freed his slaves before the beginning of the 82 JOURNAL OF THE MISSOURI war. In 1859 he married Miss Sarah C. Houston of Warren- ton. He was a member of the Presbyterian church and of the Masonic order. Benjamin R. Dysart (Democrat) was born in Howard county, Missouri, April 13, 1834. He entered Central Col- lege at Fayette, Missouri, in 1855 and attended McGee College in Macon county in 1856 and 1857. His legal training he obtained in Cumberland College at Lebanon, Tennessee. Lie began the practice of law at Bloomington, which was then the county seat of Macon county. In 1861 he entered the Confederate Army as captain of a company under General Price. Being severely wounded in the battle of Wilson's Creek, he was forced to retire from active service. In 1862 he removed to Macon, where he has since practiced. On March 27, 1866, Mr. Dysart married Miss Emma V. Turner of Pike county, Missouri. He is- a member of the Presbyterian church and of the Masons. James C. Edwards (Democrat) was born in Henry county, Virginia, August 25, 1824. About 1833 the family removed to Howard county, Missouri. His education was obtained in private academies. In 1846 he located on a farm in St. Ferdinand township in St. Louis county, after having spent several years as clerk and commander of boats on the Mississippi and other western streams. From time to time he added to his farm until he had a large estate. From 1848 to 1861 he was a director of the North A4issouri Railroad and a part of the time served as president.' In 1877 he was appointed associate justice of the county court of St. Louis county by Governor Phelps. He was later treasurer of the county. During the Civil War he was a Southern sympathizer and was confined in the Gratiot street prison for a time. He was married to Miss Ann E. Massey, a native of Fauquier county, Virginia in 1846. Mr . Edwards was a member of the Masonic order. He died in St. Louis county, December 15, 1883. J. F. T. Edwards (Democrat) was a native of Tennessee, the date of his birth being July 25, 1826 He came to Mis- CONSTITUTIONAL CONVENTION, 1875 83 souri in 1843 and was one of the earliest merchants in Arcadia. He later practiced law in Ironton. When Iron county was organized in 1857 he became the first clerk of the county and circuit courts. He represented the county in the Legislature in 1873. In 1880 he was elected judge of the probate court. During Cleveland's first administration he was postmaster at Ironton. During the Civil War he joined the Confederate Army and served as a major in Lowe's regiment. On October 2, 1851, he married Miss Belinda Carter who died within a year. In 1854 he married Miss Maria J. Pettit. He was a member of the Methodist church and of the Odd Fellows. He died at Ironton, July 29, 1890. Charles D. Eitzen (Republican) was born in Bremen, Germany, August 20, 1819, and died in Hermann, Missouri, January 1, 1896. He located at Hermann in 1837, about the time that the first plat of the town was made. He became a clerk in a general store but soon bought out his employer. In 1841 he was commissioned by Charles P. Chateau to sell his lands bordering on the Missouri river between Washing- ton and Gasconade. He engaged in the lumber business in 1855 and was also agent for the Meremac Iron Company. He became part owner in two steam boats and established the first ferry from Hermann to the north side of the river. At the time of his death he was the largest stockholder in the Laclede Gas Light Company and the Boatman's Bank in St. Louis and was largely interested in other banks in that city. Mr. Eitzen was for twenty-five years a member of the Hermann town board and for the greater part of that time was mayor. For about the same length of time he was identified with the management of the public schools. In addition to these local offices, Mr. Eitzen was a delegate to the State Convention which met in 1861 and was a member of the Twenty-ninth General Assembly. He was a Republi- can after the organization of that party. Previous to that time he had been a Whig. During the Civil War he favored the Union and served as a captain of a company of militia 84 JOURNAL OF THE MISSOURI which was in active service for a time. His will provided that $50,000 of his estate be used for the erection of a court house at Hermann. On April 23, 1844, he was married to Miss Jane Elizabeth Kehr of Hermann. He was a member of the Masonic order. James L. Farris (Democrat) was born in Whitley county, Kentucky, May 7, 1833, but in 1835 the family re- moved to Jefferson county, Tennessee, and at a later date to Yancey county. North Carolina. He attended the Burn- ville (North Carolina) High School for four years. Coming to Missouri, he taught school in Ray county from 1856 to 1861. At the outbreak of the Civil War he enlisted in the Confederate Army and served throughout the war, attaining the rank of captain. He then went to Macoupin county, Illinois, where he taught and practiced law. In 1869 he returned to Richmond, Missouri, where he resided until his death. In 1872 he was elected prosecuting attorney of Ray county. At four different times he represented Ray county in the General Assembly,— in 1877, 1883, 1885 and 1891. In 1859 he married Miss Amanda Tisdale who died in 1862. In 1873 he married Miss Olivia Gaultney. He was a mem- ber of the Methodist church and of the Masonic order. He died in Excelsior Springs, Missouri, May 3, 1905. Robert W. Fyan (Liberal) was born in Bedford county, Pennsylvania, March 11, 1835. Until he was seventeen he attended the common schools. After clerking in a store for three years he entered the office of John Cessna and studied law. He was admitted to the bar in 1858. Moving to Marshfield the same year, he opened a law office. He served one year as county attorney. At the outbreak of the Civil War, he entered the Union Army and was promoted to the rank of major before the close of the war. In 1865 he was appointed attorney for the Fourteenth judicial district. From 1866 to 1883 he was judge of that circuit. In 1866 he refused the Republican nomination for Congress. In 1870 he associated himself with the Liberal Republicans and CONSTITUTIONAL CONVENTION, 1875 85 was a delegate to the State convention. After the campaign of that year he became a Democrat. He served three terms in Congress, being elected in 1882, 1890 and 1892. On December 26, 1866 he married Miss Elizabeth Harrison, who died in 1874. In 1876 he married Miss Elizabeth Hyer, daughter of John Hyer, of Dent county. He was a Mason and an Odd Fellow. He died in Marshfield, July 28, 1896. Thomas Tasker Gantt (Democrat) was born in George- town, District of Columbia, July 22, 1814. His youth was spent on a plantation in Prince George's county, Maryland. He attended Georgetown College and then entered West Point Military Academy in 1831. At the end of his second year he received an injury which resulted in lameness and it was necessary for him to give up his hope of a military career. He studied law with Governor Pratt of Maryland and was admitted to the bar in 1838. He came to St. Louis in 1839 and made that city his home the remainder of his life. In 1845 he was appointed United States district attorney by President Polk and held the ofTice for four years. During the cholera epidemic in 1849 he was head of an improvised board of health and for several months gave his time to pre- vent the spread of the disease. He was appointed city counselor in 1853 and served for two terms. He served as captain of a company of volunteer police which put down the "Know Nothing" riot in 1854. As a result of these riots he helped frame a law to prevent such occurrences, which became a part of the St. Louis criminal code. He was elected to the State Convention of 1861 on the Uncondi- tional Union ticket. During the Civil War he served as judge advocate on McClellan's staff and was later provost- marshal-general of Missouri. On the establishment of the St. Louis Court of Appeals, he was appointed presiding judge and held that office until 1877. In 1845 Mr. Gantt was married to Miss Mary Carroll Tibbs, of Bellevue, Maryland. He died in St. Louis, June 17, 1889. Louis Gottschalk (Liberal Republican) was born in Ems, Germany, on January 1, 1836. At the age of thirteen 86 JOURNAL OF THE MISSOURI he came, with his parents, the the United States. He studied law in New York and in Dubuque, Iowa, being admitted to the bar at the latter place in 1856. In 1858 he located in St. Louis. He served in the Union Army for nearly two years as captain of Company B, Fifth Missouri Infantry. In 1863 he was elected city attorney and in 1868 became a member of the city council. Elected to the State Senate in 1869, he was chosen president pro tempore of that body in 1871. From 1875 to 1879 he served as judge of the St. Louis Circuit Court. In 1889 he was appointed United States consul at Stuttgart, a position which he held for three and a half years. In 1863 he was married to Miss Nancy L. Gottschalk. He died in Los Angeles, California, January 1, 1901. John B. Hale (Democrat) was born in Brooks county, Virginia, (now Hancock county, West Virginia) February 27, 1831. In 1841 his mother brought the family to Mis- souri. For a time he attended a school taught at Carrolton by Rev. Bartlett Anderson, after which he went to Bruns- wick to study law with the firm of Able & Stringfellow. He opened a law office in Carrolton when he had completed his studies. In 1856 he was sent to the Missouri Legislature and in 1860 was presidential elector on the Douglas ticket. In 1864 and again in 1868 he was a delegate to the Demo- cratic national convention. He was an elector on the Greeley-Brown ticket in 1872. In- 1884 he was elected to Congress from the Second district. He was defeated for the Democratic nomination in 1886 and, being endorsed by the Republican party, he made the race as an independent candidate, but was defeated. At one time he was nominated for appellate judge of the Kansas City Court of Appeals. About 1886 he became a member of the Republican party. During the Civil War he served as colonel in the Missouri Militia. In 1858 he married Miss Mary Clariborne Cosby. He died in Carrolton, February 1, 1905. Westley Halliburton (Democrat) was born in Humphrey county, Tennessee, January 4, 1812, and died in CONSTITUTIONAL CONVENTION, 1875 87 Milan, Missouri, June 16, 1890. In 1823 he came to Mis- souri with his parents, who located in Randolph county. He was mainly self-educated, having attended a country school for only a few months. He taught school for a while and then engaged in farming for four years. In 1837 he opened a store in Shelbyville and in 1839 he engaged in business at Woodville, in Macon county. During this time he studied law and was admitted to the bar in Bloomington about 1841. From 1845 to 1853 he lived in Linneus, at the end of which time he removed to Milan. About 1853 he started the first newspaper in Milan, The Milan Farmer. Between 1860 and 1873 he lived in Linneus, Brunswick and on a farm in St. Louis county but in the latter year he returned to Sulli- van county where he spent the remainder of his life. He was one of the incorporators of the old Hannibal & St. Joseph Railroad. He held numerous public offices. In 1839 he was elected assessor of Shelby county. In 1840 he was chosen judge of the county court of Macon county. From 1844 to 1851 he was circuit attorney and the next year was elected to the General Assembly from Linn county. In 1853 President Pierce appointed him receiver of public moneys for the Chariton land district, with headquarters at Milan. He was elected to the Missouri House of Represen- tatives in 1857 to fill a vacancy. In 1857 and again in 1882 he was sent to the State Senate. In 1888 he was appointed probate judge to fill out an unexpired term. In 1833 Mr. Halliburton married Miss Sophia Holman of Macon county, who died in 1841. He afterwards married Miss Armilda Collins, of Randolph county who died in 1866. In 1878 he married A4iss Juliette Owens of Chariton county. He was a member of the Baptist church and of the I. 0. 0. F. Charles Hammond (Democrat) was born in Brooks county, Virginia (now West Virginia), March 5, 1836. He was educated at Lafayette College at Easton, Pennsylvania, graduating in 1857. In 1858 he came to Chariton county, Missouri, where he taught school for a time. He studied law in the office of Thomas LI. Price, of Brunswick, and was 88 JOURNAL OF THE MISSOURI admitted to the bar in 1860. He opened a law office in Brunswick and made that place his home the remainder of his life. He was elected to the State Legislature in 1876, this being the only public office held by Mr. Hammond aside from that of delegate to the Constitutional Convention of 1875. On September 6, 1860, he married Miss Pocahontas Cabell. He was a member of the Presbyterian church. He died in Brunswick in December, 1897. Neil C. Hardin (Democrat) was born in Pike county, Missouri, in 1846. He received a thorough collegiate educa- tion and then began the study of law, graduating from the Harvard Law School with distinction. He began the prac- tice of law in Louisiana, Missouri, and soon afterwards was elected city attorney. In 1871 he was a member of the General Assembly. Since the Constitutional Convention of 1875 he has held no public offices. In 1873 he married Miss Etta McMakin of Vavay, Indiana. Mr. Hardin has now given up the practice of law, devoting his time to looking after his business interests. Junius A. Holliday (Democrat) was born in Fayette, Missouri, June 12, 1829, and died in Hamilton, Missouri, July 17, 1901. He was the son of Benjamin Holliday, who with Nathaniel Patten, founded the Missouri Intellegencer at Franklin, Missouri, in 1819. This was the first news- paper established west of St. Louis. He first studied under private tutors, — William McNair, David Lucky and Carr Pritchett. He then studied law at Central College and later continued his studies at St. Charles. He practiced first in St. Charles with his uncle. Judge Andrew King, and later they opened an office together in St. Louis. In the early sixties he removed to Fayette where he practiced until 1866, at which time he opened a law office in Hamilton, Missouri. He was the second resident attorney in Hamilton. For three terms he was a clerk in the State Senate. He was a candidate for judge of the Fourth district in 1880 but was defeated. He was in Gallatin, Missouri, for one year, straightening out the books of the Gallatin Savings Bank. CONSTITUTIONAL CONVENTION, 1875 89 During the Civil War he was a colonel in General Price's Home Guard Reg. C. S. A., but the war closed before he saw active service. John Hyer (Democrat) was born in Lancaster county, Pennsylvania, in 1810, and died in Lake Spring, Missouri, December 5, 1890. He received a common school education and later studied medicine. In 1838 he came to Missouri and began his practice at Lake Spring. In 1842 he was a member of the Missouri House of Representatives, repre- senting Crawford county, which at that time included the greater part of that section of the State. He again served in that body in 1848 and secured the organization of Dent county. He was elected to the State Senate in 1860 and when Missouri was divided politically, he was one of the members who went to Neosho with Governor Jackson. He was elected to the Confederate Congress at the session held there. Some years before the Civil War he was instru- mental in the establishment of Union Academy in Lake Spring, giving the land upon which it was built. The academy was burned during the war and was not rebuilt. In 1842 he was married to Miss Mary Ann Ruth of Phila- delphia. He was a member of the Baptist church and the Masonic order. Horace B. Johnson (Republican) was born in Riley, McHenry county, Illinois, August 14, 1842. In 1852 the family removed to Fayette county, Iowa. He taught sum- mer school to enable him to attend Iowa University, where he was a student at the beginning of the Civil war. He served in the Union army as captain of Company "L," First Missouri State Militia Cavalry. He was detailed on special duty as judge-advocate of a military commission. After his discharge from the army he located in Kansas City, Missouri. From 1864 until 1868 he was attorney for the Sixth judicial circuit. In 1868 he was elected Attorney- General of Missouri. After the expiration of his term of office he practiced law in Jefferson City. In 1873 he was appointed assistant United States district attorney for the 90 JOURNAL OF THE MISSOURI western district of Missouri. He removed to Topeka, Kan- sas, in 1877, remaining there for about two years. He then went to Leadville, Colorado. In 1886 he located in Denver, Colorado. He was a frequent contributor to the oldest legal periodical in America. Mr. Johnson was twice mar- ried. He died in Excelsior Springs, Missouri, March 30, 1904. Thomas J. Johnston (Republican) was born in Perry, Pike county, Illinois, August 20, 1836. He attended the common schools of that county and Christian University in Canton, Missouri. He studied law with Col. D. H. Gilmer and was admitted to the bar in 1860. For a year he prac- ticed in partnership with Col. Gilmer. From that time until 1864 he traveled through the West, at which time he located at A4ilan, Missouri. He held the office of attorney for Sullivan county for one year. He was then appointed to fill a vacancy in the office of judge of the probate court and was afterwards elected to that position. In 1870 he went to Maryville, Missouri, where he practiced the re- mainder of his life. In 1858 he married Miss M. E. Cheno- with. He was a member of the Christian church. He died in Maryville, February 15, 1897. Henry C. Lackland (Democrat) was born in Rock- ville, Montgomery county, Maryland, August 26, 1830. In 1833 the family came to St. Louis county, Missouri. He was graduated from St. Charles College in 1848. He then studied law in the office of Robert H. Parks, and was ad- mitted to the bar in 1852. For some time he taught school, for three years holding the chair of mathematics in St. Charles College. He then engaged in civil engineering for several years but after 1859 devoted his time to the practice of law. From 1858 to 1861 he was school commissioner of St. Charles county. He also served as city attorney and city councilman of St. Charles. In 1856 he married Miss Nannie Harden of Washington, Missouri. He was a mem- ber of the Episcopal church. His death occurred on Novem- ber 8, 1908. CONSTITUTIONAL CONVENTION, 1875 91 Alfred M. Lay (Democrat) was born in Lewis county, Missouri, May 20, 1836. In 1842 his parents removed to Benton county. He was educated in a private school in Benton county and at Bethany College, where he was grad- uated in 1856. He studied law in the office of Attorney- General Gardenhire and was admitted to the bar in 1857. A few months later he was appointed United States district attorney for the western district of Missouri. He resigned at the beginning of the Civil War and enlisted in the Con- federate Army, rising to the rank of major before the close of the war. In 1874 he was a candidate for the nomination for Congress, and received the greatest number of votes for 691 ballots, after which he withdrew his name and Judge John F. Phillips was nominated. In 1876 he was the nominee for Congress but was not elected until 1878. He died in Washington D. C, December 9, 1879. In 1858 he married Miss Nannie Boone of Howard county. He was a member of the Christian church and of the Masonic order. William H. Letcher (Democrat) was born in St. Louis, Missouri, September 4, 1824, and died in Kansas City, Missouri, November 24, 1897. His early education was secured under the direction of Elihu Shepherd. He then attended Washington College (now Washington and Lee University). He returned to St. Louis in 1845 where he studied law with William M. Campbell and Edward Bates. He was licensed to practice in 1848 and located in Marshall, Missouri. In 1849 he acted as postmaster of Marshall and served as justice of the peace. From 1852 to 1856 he was county commissioner of schools. He was elected to the lower House of the General Assembly in 1856 on the Whig- American ticket and was re-elected in 1858. In 1860 he was nominated for the Senate on the Constitutional Union ticket but withdrew. In 1861 he located in the Napa valley of California and formed a law partnership with General John Wilson. His efforts on behalf of the Union were continued in California. Returning to Missouri, he located in St. Louis in 1868 where he entered into partnership with T. W. 92 JOURNAL OF THE MISSOURI B. Crews and Joseph Laurie. In 1873 he returned to Mar- shall where he spent the remainder of his life. In 1848 he married Miss Evalina Hurt Ranson of Union, Missouri, who died in 1851. In 1853 he married Miss Ann Bracket Ranson. Mr. Letcher was a member of the Methodist church and of the Masonic order. Charles B. McAfee (Democrat) was born near Lex- ington, Kentucky, March 25, 1832. While he was only a child his parents came to Missouri, locating first in Marion and afterwards in Shelby county. His education was largely self-acquired as he attended a short subscription school only a few m.onths. He learned carpentering and while engaged in this trade, spent his spare time reading law under the direction of his uncle, John McAfee. He was admitted to the bar of Llarrison county in 1854 and practiced there until the outbreak of the Civil War. He then entered the Union Service, rising to the rank of major. For a time he served as judge advocate of the district of Southwest Missouri on the staff of General John B. Sanborn. At the close of the war he located at Springfield where, for many years he was in partnership with John S. Phelps. In 1868 and in 1872 he was the Democratic nominee for Congress but was de- feated. In 1896 he was made judge of the criminal court of Greene county and was re-elected in 1900. He was heavily interested in many of the early industries of Spring- field, having been the leader in the building of the Spring- field cotton factory, cotton foundry, wagon company, the Metropolitan hotel and the traction company. In February 1864, he married Miss Martha Elizabeth Ritchey of Newton county. He was a Mason and a K. P. He died in Spring- field, February 28, 1916. Edward McCabe (Democrat) was born in New Castle county, Deleware, August 6, 1827. He received a good classical education in the schools of his native county, after which he studied law in the office of P. Sheward Johnson at Wilmington, Deleware. In 1849 he went to New Orleans and came to St. Louis the following year. He located in CONSTITUTIONAL CONVENTION, 1875 93 Palmyra in 1850 and studied with John D. S. Dryden. He was admitted to the bar in 1852. For a time he was politi- cal editor of the Palmyra Whig. lie was the chief promoter of the Qiiincy & Palmyra Railroad and was secretary and attorney for the road for many years. After the dissolution of the Whig party he became a Democrat and served for many years as chairman of the Marion County Executive Committee and for some time as a member of the State board. Ii 1872 he missed the nomination for Attorney-General by Oxily a few votes. In 1876 he was one of the presidential electors for Missouri. In 1854 he married Mrs. Mary R. Johnson, daughter of Dr. David Greene, of New York City. He was a member of the Episcopal church and of the Ancient Order of United Workmen. He died at Palmyra, January 14, 1913. Archibald V. McKee (Democrat) was born in Harri- son county, Kentucky, November 6, 1831, and died in Troy, Missouri, July, 13, 1884. He attended Hanover College (Indiana), graduating in 1851. He then began the study of law, attending lectures at the Indiana State University and finishing the course in 1853. In 1854 he opened an office at Troy, Missouri. In 1854 he was appointed school commissioner of Lincoln county and held the postition for three years. From 1855 to 1857 he was editor of the Troy Gazette, later The States Rights Advocate. He later served as city attorney and county attorney. He was a dele ate to a number of county and State Democratic conventions. During the Civil War, Mr. McKee was a Southern sympath- izer. In 1862 he married Miss Clara Wheeler of Lincoln county. He was a member of the Presbyterian church and of two fraternal organizations, the Masons and Odd Fellows. Macolm McKillop (Republican) was born in Inver- ness, Megantic county. Province of Quebec, Canada, April 17, 1837. He attended a preparatory school at North- field, Vermont. He then studied at the University of Vermont, taking the degrees of A. B. (1861) and A. M. (1864). He had taught school to defray his expenses through college 94 JOURNAL OF THE MISSOURI and he continued in this profession after his graduation, and studied law in his leisure time. For two years he was in charge of an academy at Morrisville, Vermont, and from 1863 to 1865 conducted the Sandwich grammar school in Windsor, Canada West. He was admitted to the bar in Canada in 1865. Returning to the United States, he took up his residence in Dixon, Illinois, where he continued his legal studies with George P. Goodwin. In 1866 he removed to Rock Port, Missouri. From 1868 to 1872 he was county surveyor of Atchison county and for two years, 1867-8, he, held the office of superintendent of common schools. He was elected to the State Senate in 1888. He also served as mayor of Rock Port. He married in 1868, Miss Carrie L. Thurber, of Como, Illinois. He was a member of the Presbyterian church and of a number of fraternal organiza- tions, including the Masons, Odd Fellows and A. 0. U. W. He died at Rock Port, September 8, 1899. PiNCKNEY Mabrey (Democrat) was born in Rocking- ham county. North Carolina, November 2, 1819. When he was a few months old his parents removed to Tennessee, and in 1838, they located in Cape Girardeau, Missouri. He was educated in the public schools of Tennessee and Missouri. He was justice of the peace at Cape Girardeau and after- wards clerk of that county. Removing to Wayne county in 1854, he was elected justice of the peace and acted as district assessor and deputy circuit and county clerk. Upon the establishment of the county and probate court in Wayne county he was made the first judge. In 1860 he went to Stoddard county where he again became the deputy clerk of the county court. In 1866 he was elected judge of the probate court but lost the office in an election contest the following year. He became a resident of Ripley county in 1868 and in 1870 was elected to the Missouri House of Representatives. F'rom 1876 to 1883 he was editor of the Doniphan Prospect. He was married in 1856 to Miss Fllen C. Ronald of Fredericktown, Missouri, who died in 1869. In 1872 he married Miss Grace A. Babgy of Callaway county. CONSTITUTIONAL CONVENTION, 1875 95 Mr. Mabrey was at one time a member of the Odd Fellows but dropped out of the order because there was no organiza- tion in Ripley county. He died in Doniphan, November 27, 1890. Benjamin F. Massey (Democrat) was born in Chester- town, Kent county, Maryland, on January 23, 1811. Owing to financial reverses just as he was ready for college, he was unable to continue his education but he was a student of history and a well read man. He came to Missouri in 1836 and engaged in the mercantile business and in the Sante Fe trade. He lived for some years on a farm on Spring river in Lawrence county. He went to California during the gold rush but not only did he not prosper financially, but his health was seriously impaired. Returning to Missouri, he engaged in the mercantile business in Sarcoxie, Jasper county. About 1873 he went to Neosho. Mr. Massey took a prominent part in the political affairs of the State. In 1842 he was elected to the State Senate and in 1845 he was a member of the State Constitutional Convention. He was chief clerk in the Missouri House of Representatives from 1846 to 1848. In 1856 he was elected Secretary of State and re-elected in 1860. When the State Convention met in 1861 he was, with other State officers, ousted from office. He was a supporter of Governor Jackson and went with him to Neosho where a Confederate State government was set up. In 1839 Mr. Massey married Miss Maria Haw- kins Withers of Cooper county, a native of Virginia. He died in St. Louis in 1880. James H. Maxey (Democrat) was born in Lawrence- burg, Tennessee, December 23, 1843. At the outbreak of the Civil War he enlisted in the Confederate Army, serving until the end of the war as captain of Company E Thirty- third Tennessee Infantry. After the close of the war he entered the University of Tennessee, graduating from the School of Law in 1868. He then went to Leavenworth, Kansas, where he was employed as wagon boss. He made several trips with ox teams to Sante Fe and to San Francisco. 96 JOURNAL OF THE MISSOURI In the early seventies he located at West Plains, Missouri, where he engaged in the practice of law. In 1890 he re- moved to Norman, Oklahoma. About 1894 he gave up his practice and engaged in the banking business. He organized the first bank in Pattowatomie county at Tecumseh, Okla- homa. He was the Democratic candidate for delegate to Congress in 1890 but was defeated and was a member of the Convention which framed the Constitution of Oklahoma in 1908. He was married to Miss Marie Reed of West Plains Missouri, April 1, 1875. He died at Shawnee, Oklahoma, December 21, 1909. Nicholas A. Mortell (Democrat) was born in the County of Cork, Ireland, in 1843. When nine years old he came to the United States and for three years worked as a newsboy in New York. In 1835 he set out for the West, and located in Alton, Illinois, where he began to learn the trade of a coppersmith. There he attracted the attention of Col. George B. Ingersoll of Shipman, Illinois, who sent him to St. Paul's College at Palmyra, Missouri. He was graduated from that institution in 1861. For a year fol- lowing he had charge of the Cathedral school at Alton, Illinois, and then took up the study of law in the ofTice of Judge Krum of St. Louis, and was admitted to the bar. In 1866 he was a delegate to the Great Fenian Convention held in New York. He was a member of the 1871 General Assem- bly. In the same year he was elected city attorney of St. Louis. He died in St. Louis, March 1, 1876. Henry T. Mudd (Republican) was born in Maysville, Kentucky, October 27, 1818. The family came to Missouri in 1819, locating in Pike county. He was educated in the local schools of that county. He was first employed in a store in Louisiana, Missouri. He then worked in Pittfield, Illinois, where he was finally taken into partnership by his last employer. Elder Jacob Hodgen. In 1856 he removed to St. Louis and engaged in the commission business. This venture proved unsuccessful. He then began trading in land and built up a large business. He became president CONSTITUTIONAL CONVENTION, 1875 97 of the Ozark Land Company. Mr. Miidd took an active interest in politics and held several public offices. He was a Whig until the dissolution of that party. From 1843-47 he was a clerk of the county court of Pike county, Illionis, and was auditor of St. Louis county from 1859 to 1865. For a time he was president of the board of assessors of St. Louis county. He was a member of the Missouri House of Representatives in 1873 and 1879. He was one of the board of freeholders which arranged the plan of separation between St. Louis and the county. At various times he was town trustee and school director in Kirkwood. He served one term as Curator of the University of Missouri. He was president of the Missouri Horticultural Society for nine years (1859-69) and was the first president of the State Agricultural Board, serving from 1865-1874. During the Civil War, Mr. Mudd was a strong Union man. He was married to Miss Sarah Elizabeth Hodgen, October 26, 1841. She died in 1883 and in 1884 he married Miss Katherine Lucinda Brown. He was a member of the Masonic order. He died in St. Louis, May 1, 1903. Edmond A. NiCKERSoN (Democrat) was born in Balti- more, Maryland, August 31, 1835 and died in Warrensburg, Missouri, April 21, 1920. He was educated at the Balti- more Collegiate Institute, receiving a thorough classical training. At the age of eighteen he began the study of law with Charles Z. Lucas, of Baltimore, and was admitted to the bar three years later. For about eighteen months he practiced in Parkersburg, Virginia. He then came to Mis- souri, locating at Union, in Franklin county. When the Civil War began, he retired to his farm in St. Louis county. He was a Southern sympathizer but took no part in the war. In 1866 he located in Warrensburg where he gave his time particularly to land litigation. In 1872 he organized the Warrensburg Savings Bank and was its first president. He was a delegate to the Democratic national convention of 1876, and always took an active interest in politics. In 98 JOURNAL OF THE MISSOURI 1862 he married Miss Huldah Ann Tyler of St. Louis county. He was an active member of the Odd Fellows. Elijah H. Norton (Democrat) was born at Russell- ville, Kentucky, November 21, 1821. His literary educa- tion was acquired at Russellville and at Center College, Danville, Kentucky. He entered the School of Law of Transylvania University, graduating in 1841 or 1842. Com- ing to Missouri in 1845, he located at Platte City and began the practice of law. In 1846 he was nominated for the Legislature but declined to make the race. In 1850 he was appointed county attorney. In 1852 he was elected circuit judge and re-elected in 1856. He was elected to Congress in 1860; in 1862 his election was declared illegal. He was again a candidate in 1864 but was defeated through the dis- franchisement of a large body of his constituents. He was a member of the State Convention called to consider the relations between the State and the Union, where he opposed secession. During the war he used every effort to maintain a responsible militia force for the protection of property. In 1876 he was appointed to the Supreme Court of Missouri to fill a vacancy and in 1878 was elected to the same ofTice. In 1891 he was made a member of the State School Book Commission. Ill health compelled his retirement from public life and he spent the last years of his life on his farm at the edge of Platte City. From 1871 until his death he was a trustee of William Jewell College and in 1882 that college conferred upon him the degree of LL. D. In 1850 he married Miss Malinda Wilson, who died in 1873. He was married to Mrs. Missouri A. Marshall in 1877. Mr. Norton was a member of the Baptist church and of the Odd Fellows. He died August 6, 1914. Phillip Pipkin (Democrat) was born near Marshall, Tennessee, November 6, 1814 and died in Farmington, Missouri, June 6, 1883. He attended the local schools in his native state and then entered Cumberland College where he graduated in 1834. He came to Missouri the same year and for the next few years engaged in farming and teaching. CONSTITUTIONAL CONVENTION, 1875 99 In 1846 he was admitted to the bar in Jefferson county. In 1858 he removed to Arcadia and had his office in Ironton. He was the first resident attorney in Iron county. During the Civil War he was forced to leave his home on account of sympathy with the South. He returned to Jefferson county, where he operated a farm. After 1874, however, he devoted all of his time to the practice of law. In 1880 he removed to Farmington. He was elected to the Missouri House of Representatives in 1840 and in 1849 was a justice of the county court of Iron counry. He was a member of the Con- stitutional Convention of 1845 and of the State Convention of 1861. In 1862 he was elected judge of the Twenty-sixth judicial circuit but the law under which he was elected was declared unconstitutional. He was a delegate to the Demo- cratic national convention in 1864. He was a member of the M. E. Church, South, and was affiliated with the Masons and Odd Fellows. Mr. Pipkin was twice married. William Priest (Democrat) was born in Fauqier county, Virginia, March 4, 1808. His opportunities for an education were limited but he became one of the best in- formed men in the state. He came to Missouri in 1832 and engaged in farming. In 1853 he became a minister in the Ironside Baptist. church, and continued this work, in addi- tion to his farming, until his death. He would never preach for a salary, taking only what the congregation felt like giv- ing. From 1846-50 he was a member of the State Senate. In 1854 he was a candidate for Representative from Ralls county but was defeated by five votes. In 1872 he was elected judge of the county court of Ralls county, holding the office for three terms. During the Civil War he was an ardent Southern sympathizer. On January 7, 1830, he married Miss Sarah H. Payne. He died on his farm near New London, March 28, 1892. Joseph Pulitzer (Democrat) was born at Budapest, Hungary, April 10, 1847. He studied under private tutors in his native country. At the outbreak of the Schleswig- Holstein War he entered the army and served until the close 100 JOURNAL OF THE MISSOURI of the brief war. Coming to the United States in 1864, he immediately enlisted in the First New York Lincoln Cav- alry. He came to St. Louis at the close of the war doing any work he could find, however menial. During this time he was familiarizing himself with the English language. He secured a position with the Atlantic & Pacific Railroad, traveling through the State, recording in each county the land grants made to that company. He soon attracted the attention of Carl Schurz who offered him a position on the Westliche Post. Within six months Mr. Pulitzer became managing editor and part owner of the paper. He retired from the management of the paper in 1872 but retained his interest in it until 1875. In 1876 and 1877 he was the Washington correspondent for the New York Sun. In 1878 he purchased the Si. Louis Dispatch which he soon combined with the Evening Post. He became sole proprietor of the consolidated paper, the Post-Dispatch in 1879. In 1883 he bought the New York World and under his management the paper built up a circulation that had no rival for years. In 1887 he broke down from overwork but continued the supervi- sion of the papers. In 1869 he was elected to the Misssouri Legislature and in 1870 was appointed one of the police com- missioners of St. Louis. Mr. Pulitzer was one of the leaders in the Liberal Republican movement and was a delegate to the national convention in Cincinnatti. After the decline of that party, he was affiliated with the Democratic party. He was elected to Congress from New York in 1884, and served from March 4, 1885 until April 10, 1886, when he resigned. He died on his yacht in Charleston harbor, November 29, 1911. Llis will provided that a million dol- lars of his estate go toward the establishment of a School of Journalism in Columbia University. Half that amount was left to the Philharmonic Orchestra of New York. John Ray (Democrat) was born near Glasgow, Barren county, Kentucky, January 19, 1828. His education was mainly self-acquired, having attended the district schools for only a few months. He taught school for several terms. CONSTITUTIONAL CONVENTION, 1875 101 studying medicine at night. In 1851 or 1852 he located in Barry county, Missouri, where he began the practice of medicine. He soon removed to Pineville and later to Cor- sicana. In addition to his practice he conducted a mercan- tile establishment. About the time of the Civil War he located at Cassville. He was an elector on the Bell-Everett ticket in 1860. During the war he served as county re- corder, county clerk and circuit clerk. For a time he was in charge of a United States hospital at Cassville. In 1872 he purchased the Cassville Democrat which he edited until his death, January 3, 1888. About 1850 he married Miss Elizabeth Means, a native of Monroe county, Kentucky. He was afTiliated with the Masons. James H. Rider (Democrat) was born in Shelby county, Missouri, October 12, 1841. He attended Howard High School (now Central College) at Fayette, Missouri. For two hears he studied medicine under Dr. J. B. Winn, of Macon county. During the fall and winter of 1860-61 he attended the St. Louis Medical College and was granted a diploma. He began the practice of his profession in 1861 at Callao, Missouri. In September of that year, he volunteer- ed in the State Guards under General Price. After several months he enlisted in the regular Confederate Army and was in charge of various hospitals throughout the South. After the war he practiced for a time in Macon County. In 1866 he removed to Pine Bluff, Arkansas, where he remained until 1868. He then located in Marble Hill, Missouri, remaining there until 1876, when he removed to Cape Girar- deau. In 1882 he organized the Cape Girardeau Building and Loan Association and was its president for twenty years. For many years he was a member of the Cape Girardeau city council. On November 26, 1873 he married Miss Mattie A. Leech of Cape Girardeau. He was a member of the Methodist Episcopal Church, South, and of two fraternal organizations, the Masons and the A. 0. U. W. He died in Cape Girardeau, December 23, 1902. 102 JOURNAL OF THE MISSOURI John R. Rippey (Democrat) was born in Schuyler county, Missouri, November 25, 1843. He was educated in the common schools of the neighborhood and in the Lan- caster High School. He then engaged in farming, purchas- ing his father's homestead ai d adding to it. During the Civil War, his sympathies were with the South. In 1881 he was the Representative from Schuyler county to the General Assembly. From 1883 until 1901 he was connected with the State Board of Agriculture, being Secretary from 1893 to 1901. He was the first secretary of the Missouri State Fair, holding that office from 1901 until 1908. He became editor of the Lancaster Excelsior in 1898, continuing that work until his death, January 17, 1909. He was a member of the Board of Curators of the University of Mis- souri from 1891 to 1897. In 1867 he married Miss Mary Elizabeth Dickerson, of Monroe county. He was a member of the Baptist church. He was a Mason and took an active part in the work of the Grange. James C. Robfrts (Democrat) was born in Davidson county, Tennessee, January 19, 1831. He attended the local schools and later entered Frarklin College in Davidson county, graduating in 1850. He studied law in the office of John A. McEwen of Nashville, Tennessee. He was licensed to practice in 1853 and opened an office at Dover, now Fort Donelson. In 1855 he came to Missouri and located on a farm in Buchanan county. After several years he removed to St. Joseph where he practiced law until 1860. In 1860 he was elected to the State Legislature but that body was disorganized the following year. Mr. Roberts was a South- ern sympathizer and was therefore ousted from office and disfranchized. At one time, he lacked only three votes of being nominated for Congress. He was a member of the Board of Managers of State Hospital No. 2, and was presi- dent of the board at the time of his death. He was active in the organization of the State Grange. He was a Mason. In 1855 he married Miss Cornelia Ingram of Dover, Tennes- see. He died at his home near St. Joseph, April 4, 1885. CONSTITUTIONAL CONVENTION, 1875 103 James P. Ross (Democrat) was born in Circleville, Ohio, December 14, 1809. He obtained a good English education and studied law at Transylvania University. He came to Morgan county, Missouri in 1836 and, with the exception of a short time spent in California during the gold rush, he spent the remainder of his life there. In 1844 he was admitted to the bar. He was probate judge of Morgan county and in 1849 was elected county attorney. He was a delegate to the State Convention of 1861 which met to con- sider the relations of the State of Missouri to the Union. He was a Union man but did not take an active part in the war. In 1836 he married Miss Lucy Joyce of Jeffersonville, Missouri. He was a member of the Episcopal church. He died in Versailles, April 17, 1893. John W. Ross (Democrat) was born in Lexington, Kentucky, November 26, 1832, and died in Bolivar, Mis- souri, January 13, 1917. He was educated in the Lexington schools and in Transylvania University, graduating with high honors from both the literary and law departments in 1856. He also studied law in the office of Judge Shy and Senator Beck of Kentucky. He was admitted to the bar in 1855. Soon afterwards he went to Kansas, remaining there for two or three years. In 1858 he located in Platte City, Missouri, where he remained until the Civil War. He then enlisted in the Confederate Army and served through- out the war, was made a captain and served as brigade adjutant. For two years after the war he taught in Ken- tucky and in 1869 located in Bolivar, practicing law there for the next forty-eight years. He was several times a can- didate for prosecuting attorney but Polk county was Repub^ lican and he was defeated. In 1896 he disagreed with his party on the money question and from that tiine on, he voted with the Republican party. In 1902 he was elected probate judge. He held many minor offices, such as mayor and justice of the peace. He frequently served as special judge of the circuit court. On Spetember 24, 1870, he 104 JOURNAL OF THE MISSOURI married Miss Sallie E. Munford. He was a member of the I. 0. 0. F. John F. Rucker (Democrat) was born in Amherst county, Virginia, September 19, 1838. He came to Sturgeon, Missouri, in 1858. At the outbreak of the Civil War he entered the Confederate service and served in various en- gagements. Coming home after the battle at Lexington, he was captured by the enemy. He was paroled but was later re-arrested on charge of treason and conspiracy, being finally banished to Montana during the War. While there he was elected chief clerk of the Montana Legislature and also a member of the Territorial Constitutional Convention. Re- turning to Sturgeon, he engaged in the mercantile business. He also conducted an extensive business in railroad ties. He was a director of the Sturgeon bank. In 1889 he went to Rolla, Missouri, where he entered the tie and timber busi- ness. For a number of years he was chairman of the Con- gressional Central Committee. In 1867 he married Miss Julia Rucker of Audrain county, Missouri, who died in 1879. In 1880 he married Miss Frances Jane Dingle of Mexico. He was a member of the Methodist Episcopal Church, South, and of the Masonic order. He died in Sturgeon, December 28, 1889. Thomas Shackelford (Democrat) was born in Saline county, Missouri, February 6, 1822. He studied under private tutors and attended a private school at Fayette, Missouri, which was conducted by Archibald Patterson. He studied law under Judge Abiel Leonard and was licensed to practice in 1842. He located at Glasgow and with the exception of a year in St. Louis, he resided there the rest of his life. His law partner in St. Louis was Washington Adams, the delegate from Cooper county. Mr. Shackelford was a strong Union man. In 1871 he became the first presi- dent of the Glasgow Savings Bank, and continued to hold that position until his death. He also devoted much time to looking after his farming interests. For more than twenty years he was a director of the St. Louis, Kansas City & Chi- CONSTITUTIONAL CONVENTION, 1875 105 cago Railroad. Mr. Shackelford took an active interest in political affairs. He was a Whig before the breaking up of that party. He was a delegate to the State Convention of 1861 which ousted Governor Jackson and his adherents. He was a delegate to almost every Democratic State conven- tion held after the war. For many years he was a member of the Board of Directors of the Missouri Training School at Boonville. On June 15, 1851 he married Miss Sarah E. Harrison of Glasgow. He was a member of the Methodist Episcopal Church, South, and was a delegate to the Centen- nial Conference and to the Pan-Methodist Conference in Baltimore. He was an Odd Fellow. He died in Glasgow, March 10, 1908. John H. Shanklin (Democrat) was born in Monroe county, Virginia, (now West Virginia) November 2, 1824, and died in Trenton, Missouri, June 14, 1904. He attended the local schools in the community and supplemented this meager education by reading every available book. He taught school for two terms and worked on a farm for a time. Coming to Missouri in 1846, he located in Grundy county. When the Mexican War broke out, he gave up teaching and enlisted in Company A, Missouri Volunteers, Indian Guard Batallion. He was mustered in the fall of 1848 and returned to Trenton. About 1850 he was elected probate judge but resigned before the expiration of the term. In 1851 he was admitted to the bar and two years later he formed a partner- ship with Jacob T. Tindall. In 1859 James Austin became a member of the firm and banking was added to the practice of law. In 1861 he was made division inspector of State troops by Governor Gamble with the rank of Colonel. With a part of his command he was on duty at Chillicothe until the close of the war. After the death of Captain Tindall at Shiloh, he became a member of the State Convention at the sessions of 1862 and 1863. After the war he resumed the banking business and the practice of law. He was president of the Chillicothe & Des Moines Railroad and arranged for its transfer to the Chicago & Southwestern Railway Com- 106 JOURNAL OF THE MISSOURI pany. He was also president of the Grundy County Coal Company and the Trenton Handle Manufacturing Company and, for a time, of the Trenton Gas and Electric Light Company. He was president of the Missouri Bar Associa- tion in 1882-3, and was a frequent contributor to the Central Law Journal. In 1890 he was made a member of the Town Site Commission No. 1 of Oklahoma Territory. On January 22, 1850, he married Miss Kittie Ann Collier. He was an Odd Fellow. George H. Shields (Republican) was born in Bards- town, Kentucky, June 19, 1842. The family removed to Missouri in 1844 and located at Hannibal. He attended a grammar school from 1859 to 1861 and then entered West- minster College at Fulton, where he continued his studies until 1861. He began the study of law under W. P. Harri- son but the Civil War interrupted his studies. He enrolled as a member of Company E of the Fifty-third Missouri Regiment. Toward the end of the war he was commissioned captain and assistant quartermaster of his regiment. One of his brothers was in the Confederate army. Later, when he was chairman of the Republican State Committee, this brother was chairman of the Democratic State Committee. In 1864, Mr. Shields entered the Louisville Law School, graduating in 1865. He practiced in Hannibal from 1866 to 1873. Removing to St. Louis, he entered into partner- ship with John B. Henderson. In 1895 he became associated with General Noble. He has held a number of public offices. He served three terms as city attorney of Hannibal. In 1870 he was a delegate to the Republican State convention and the following year served in the Legislature. In 1876-80 he was chairman of the Republican State Committee. He was president of the board of freeholders which formed the plan of separation between St. Louis and the county. He was appointed Assistant Attorney-General of the United States in 1889 and served until 1893. Toward the close of President Harrison's administration, he appointed Mr. Shields to act as agent and council of the United States and CONSTITUTIONAL CONVENTION, 1875 107 Chilean Claims Commission. He was master in chancery of the United States district court from 1876 to 1906. In 1906 and again in 1914 he was elected judge of the St. Louis Circuit Court. He is a canditate for re-election in 1920. Westminster College conferred the degree of LL. D. upon him in 1892. In 1866 he married Miss Mary Harrison Leighton. He is a member of the Frank Blair Post G. A. R. and of the Sons of the American Revolution. He is a mem- ber of the Presbyterian church. Henry J. Spaunhorst (Democrat) was born in Belm, Kingdom of Hanover, January 10, 1828. The family came to St. Louis in 1836. His education was largely self-acquired although he attended an excellent private school for a few terms. At the age of fourteen he began work as a clerk in a grocery. For several years he worked on his father's farm in Franklin county. In 1849 he returned to St. Louis and again worked for a firm of grocers. Four years later he commenced business for himself, establishing a wholesale grocery, which he conducted for many years. He was one of the organizers and directors of the Franklin Fire and Marine Insurance Company, the Franklin Savings Institute, and the Central Savings Bank and the German Llomestead and Building Association, being president of the last two organizations. He was also one of the first directors of the Life Association of America. In 1872 he began the publica- tion of Amerika, a Catholic newspaper. From 1867 to 1873 he was a member of the State Senate. In March, 1875, he was appointed one of the State Railroad Commissioners but refused the office. In 1881 he became the Labor Commis- sioner of Missouri. In 1850 he married Miss Catherine Richter of St. Louis, who died in 1852. Two years later he married Miss Mariana Brunsmann. He was a member of the Catholic church and was connected with various benevo- lent orders connected with that church, helping organize the German St. Vincent Orphan Association and the St. Joseph Benevolent Society. From 1873 to 1891 he was president of the German Roman Catholic Central Society and was then 108 JOURNAL OF THE MISSOURI made honorary president for life. He also served as presi- dent of the Catholic Benevolent Union of the United States. He died at St. Louis in 1907. William F. Switzler (Democrat) was born in Fayette county, Kentucky, March 16, 1819. The family came to Missouri in 1826, locating in Fayette but removing to a farm near Franklin in 1830. He first attended a local school taught by Lawrence J. Daley in Fayette. He later attended the Mount Forest Academy near his home. In 1839-40 he began the study of law, receiving occasional aid from Judge Abiel Leonard and Col. Jo Davis of Fayette. In 1841 he went to Columbia and continued his legal studies with Major James S. Rollins. He was admitted to the bar in 1841 and practiced until 1845. In 1840 he had written a series of articles favoring the election of Harrison which had been published in the Boonslick Times at Fayette. In 1841 he became the editor of the Columbia Patriot and in 1843, together with Younger J. Williams, purchased it. In 1843 he established the Missouri Statesman which he owned and edited until 1885. For a short time in 1878 he assumed half ownership and chief editorial control of the St. Joseph Chronicle. From 1892-93 he was editor of the Daily Con- stitution in Chillicothe and from 1893-98 he was editor and publisher of the Boonville Democrat. Mr. Switzler was elected to the Missouri House of Representatives three times on the Whig ticket. He was a member of the 1860 national Whig convention. He was a Union sympathizer and in 1862 was appointed to go with John S, Phelps to Little Rock, Arkansas and establish a loyal state govern- ment there. He there became provisional Secretary of State. In 1863 he was made provost marshal for the Ninth con- gressional district of Missouri to carry out the provisions of the law for the enrollment of those liable for military service. He was removed from office because of his support of Mc- Clellan in the presidential campaign of 1864. In 1865 he was a member of the Constitutional Convention and vigor- ously opposed the test oaths. In 1866 and again in 1868 CONSTITUTIONAL CONVENTION, 1875 109 he was the Democratic nominee for Congress and, on the face of the returns, was elected but was counted out by the Secretary of State. He contested both elections and the Committee on Elections declared him elected but the House voted down the report of the Committee. In 1885 he was appointed by President Cleveland to the position of chief of the Bureau of Statistics of the Treasury Department, and served until the end of the administration. Mr. Switz- ler was for many years a trustee of the Columbia Female Academy, of Christian College and of the University of Missouri. In August, 1843, he married Miss Mary Jane Royall. He was a member of the Presbyterian church. He was the author of "Commerce on the Mississippi and Ohio Rivers," "History of Statistics and Their Value," "Illus- trated History of Missouri," "Wool and the Manufactures of Wool," "History of Boone County" and "History of the University of Missouri" (unpublished). He died in Colum- bia, May 24, 1906. Amos R. Taylor (Democrat) was born near Owens- borough, Kentucky, January 23, 1842, and died in San Luis Obispo, California, January 7, 1920. For two or three years he attended Owensborough College and in 1860 entered the junior class at Yale. At the outbreak of the Civil War he left college and enlisted as a private in the Confederate Army. He was promoted to the rank of captain before the close of the war. He was paroled in May, 1865. He then studied law at Owensboro and was soon admitted to the bar. He was elected attorney of Daviess county, Kentucky, in 1866 but resigned in 1868. He located in St. Louis in 1868, making that city his home for the remainder of his life. In 1868 he married Miss Anna Rudd, of Louisville, Kentucky. John H. Taylor (Democrat) was born in Leesburg, Virginia", January 26, 1837. The family came to Missouri in 1844 and located first at Paris, going later to Independence. He attended the local school at Paris and then completed the course offered in an academy at Independence, which his father had established. He studied law with the firm 110 JOURNAL OF THE MISSOURI of Chrisman & Comingo and was admitted to the bar in 1857. The Civil War interrupted his practice and at its close he was in the State of Louisiana. He was a Southern sympathizer. In 1871 the lead discoveries interested him in a piece of property near Joplin in which he owned a share and he at once began operations in that region. He in- vested all of his available means in land in the vicinity, and was largely instrumental in organizing the Joplin Mining and Smelting Company, the first corporate mining body on the ground. He organized other similar companies and in 1894 consolidated his interests into the Taylor Land and Investment Company. He assisted in organizing the Joplin Savings Bank, the first banking institution in the town. Before his removal to Joplin, Mr. Taylor had held the offices of circuit clerk of Jackson county, city attorney of Indepen- dence, and county school commissioner. While a resident of Carthage he was member of the city council. In 1873 he was selected by the United States Government to be one of the commissioners representing the mining industry at the World's Fair at Vienna. He collected the exhibit to be sent from Joplin but was prevented from attending. In 1898 he was appointed a commissioner to the Omaha Ex- position. He was a delegate to various party conventions. He was a leader in the temperance movement and in the work of the Y. M. C. A. He was a member of the Presby- terian church. He was affiliated with the I. 0. 0. F. and B. P. 0. E. The site of the Children's Home in Joplin was donated by Mr. Taylor. In April, 1874, he married Miss Lulie Smith. He died at Joplin, August 30, 1902. Albert Todd (Democrat) was born near Cooperstown, Otesego county. New York, March 4, 1813. In 1832 he entered Amherst College, remaining there one year. He then attended Yale College, graduating with honors in 1836. He studied law in the office of Judge Arphaxed Loomis of Little Falls, New York. He came to St. Louis in 1839 and began the practice of law. In 1854 he was elected to the lower House of the Missouri Legislature. He was a candidate CONSTITUTIONAL CONVENTION, 1875 111 for Congress on the Bell-Everett ticket but was defeated. After the adoption of the Constitution of 1875 he was a mem- ber of the board of freeholders which framed the charter of St. Louis separating it from the county. He was one of the founders of Washington University and for many years was a member of the board of trustees. He also held a professorship in the School of Law, giving his services gratuitously. He also helped organize the St. Louis Agri- cultural and Mechanical Association, the University Club, the Public School Library, the Mercantile Library, the Missouri Historical Society and the St. Louis Bar Associa- tion. He was a member of the Academy of Sciences. His wife was Miss Jane Wilson of Little Falls, New York. Mr. Todd died in St. Louis, April 30, 1885. Levi J. Wagner (Democrat), a native of New York, was born in 1810. He attended Allegheny College, grad- uating in 1831. He came to Missouri in the early forties and began the practice of law at Memphis. He owned a large tract of land near Memphis and devoted a portion of his time to farming. He retired from the practice of law during the Civil War. During the war, his sympathies were with the Union. He was the first president of the Citizens Bank and served until his death. He represented Scotland county in the Legislature in 1856 and in the adjourned ses- sion of 1869. He also served a term as county treasurer. In 1856 he was a member of the committee to revise the Missouri statutes. He was a member of the Methodist church and of the Masonic order. He died at Memphis in 1882. Henry C. Wallace (Democrat) was born in Woodford county, Kentucky, August 18, 1823. He was educated at Sinking Spring Academy and at Center College. Forced to leave school on account of his health, he came to Lexing- ton, Missouri, where his parents had located in 1844. He taught in Lexington for a year or so and then studied law with F. C. Sharp. He was admitted to the bar in 1849 and after practicing for about eighteen months entered the Louis- 112 JOURNAL OF THE MISSOURI ville (Kentucky) Law School, graduating in 1851. He then returned to Lexington where he practiced until his death. He was justice of the peace and city attorney from 1849 to 1853. He was a Whig until that party disappeared, after which he was a Democrat. He was a Constitutional Union man during the war but having two brothers in the Confed- erate Army, he had a sentimental sympathy for the Southern people. On June 4, 1863, he married Miss Lizzie Sharp of Christian county, Kentucky. He was a member of the Baptist church and for a number of years was moderator of the Lafayette and Johnson Association. He was afTiliated with the Masons and Knights Templar. He died in Lex- ington, October 24, 1901. 1]* JOURNAL OF THE CONSTITUTIONAL CONVENTION OF THE STATE OF MISSOURI Begun and Held at the City of Jefferson on Wednesday, the 5th Day of May, A. D. 1875. In pursuance of an act of the General Assembly of the State of Missouri, entitled "An act to authorize a vote of the people to be taken upon the question whether a conven- tion shall be held for the purpose of revising and amending the Constitution of this State," approved March 25, 1874, the delegates to a convention elected by the people of the State of Missouri, under said act, met in convention in the Hall of the House of Representatives in the Capitol at Jefferson City on the 5th day of May in the year of our Lord eighteen hundred and seventy-five, it being the first Wed- nesday in said month at twelve o'clock m., and were called to order by Michael K. McGrath, Secretary of State. Mr. Conway offered the following resolution: Resolved, That Rev. W. M. Prottsman be requested to open this Convention with prayer. which was read and adopted. Prayer was then offered by the Rev. W. M. Prottsman. On motion of Mr. Broadhead, Mr. Robert A. Campbell, of St. Louis, was elected to act as temporary secretary. ♦The black face figures in semi-brackets refer to the paging in the original jour- nal of the Convention. When preceded by the letter S, they refer to the paging in the Supplement to the Journal. (113) 114 JOURNAL OF THE MISSOURI The Secretary of State laid before the Convention the following communication: State of Missouri, Office of Secretary of State, City of Jefferson, May 5, 1875. To the Honorable, 2] The Members oj the State Constitutional Convention. Gentlemen: I have the honor to submit herewith all the returns in my possession of the election held on the twenty-sixth day of January, A. D. eighteen hundred and seventy-five, for delegates to the State Constitutional Con- vention as also a certificate giving the names of the delegates elected to said State Constitutional Convention at the said election. I have the honor to be, Very Respectfully, Your Obedt. Servant, Michael K. McGrath, Secretary of State. State of Missouri, Office of Secretary of State. I. Michael K. McGrath, Secretary of State, of the State of Missouri, hereby certify that the following is a full, true and complete list of the names of all of the delegates elected to the State Constitutional Conven- tion of Missouri, at an election held on the twenty-sixth day of January, A. D. eighteen hundred and seventy-five, according to the returns of said election in this office. In Testimony Whereoj, I have hereunto set my hand and affixed my seal of office. Done at office in the City of Jefferson, this fifth day of May, A. D. eighteen hundred and seventy-five. (Seal) Michael K. McGrath, Secretary of State. 3] District ; Names 1st Malcolm McKillop Thomas J. Johnston 2nd James C. Roberts Henry Roone 3rd Elijah H. Norton De^itt C. Allen 4th Junius A. Holliday James L. Farris .5th John B. Hale John H. Shanklin 6th Westley Halliburton Charles Hammond 7th Armstead M. Alexander Hezekiah M. Porter 8th John A. Rippey Benjamin R. Dysart ' District 9th 10th 11th 12th 13th 14th 15th 16th Names William F. Switzler John P. Rucker Henry C. Lackland L. J. Dryden A. V. McKee N. C. Hardin Levi J. Wagner Louis F. Cottey F;dward McCabe William Priest William Chrisman Francis M. Black Waldo P. Johnson E. A. Nickerson S. R. Crockett J. H. Taylor CONSTITUTIONAL CONVENTION, 1875 115 District Names District 1 Names 17th Henry C. Wallace 26th L. H. Davis W. H. Letcher J. H. Rider 18th Benjamin F. Massey 27th A. M. Lay John Ray T. J. Kelly 19th C. B. McAfee 28th Washington Adams R. W. Fyan James P. Ross 20th George W. Bradfield 4] 29th Geo. H. Shields John W. Ross Henry T. Mudd 21st T. W. B. Crews 30th Lewis Gottschalk Charles D. Eitzen James 0. Broadhead 22d John Hyer 31st Albert Todd James H. Maxey Joseph Pulitzer 23d Philip Pipkin 32d Thomas T. Gantt E. Virgil Conway Amos R. Taylor 24th John F. T. Edwards 33d Henry J. Spaunhorst Pinkney Mabrey Nicholas A. Mortell 25th Nathaniel W. Watkins 34th Henry C. Brockmeyer George W. Carlton James C. Edwards which was read. Mr. Holliday offered the following resolution: Resolved, That the Chair appoint a committee of five to receive and examine the credentials of the members of the Convention and that the committee be directed to report at ten o'clock on tomorrow morning. which was read. Mr. Broadhead offered the following substitute: Resolved, That the following oath be taken by the members of this Convention. You do solemnly swear to support the Constitution of the United States, and so much of the third Section of Article XII of the Constitution of Missouri as relates to your duties as a member of this Convention, and the provisions of the act of the General Assembly of Missouri under which this Convention was called, and that you will well and faithfully without passion or prejudice discharge the duties devolving upon you as a member of this Convention. which was read. Mr. Roberts offered the following amendment to the substitute: Amend by striking out all after the word resolved and insert the following: That the following oath be administered to the members of this 5] Convention: I do solemnly swear that I will support the Constitution of this United States and that I will faithfully discharge my duties as a member of this Convention. which was read. 116 JOURNAL OF THE MISSOURI Mr. Massey moved to lay the amendment on the table, which was agreed to. The roll of the Convention being called the following members answered to their names: Alexander Davis Hardin Maxey Rucker Allen Dryden HoUiday Mudd Shanklin Black Dysart Johnston Niekerson Shields Boone Edwards Lackland Norton Spaunhorst Bradfield of Iron Lay Pipkin Switzler Broadhead Edwards Letcher Priest Taylor Broekmej^er of St. Louis Mabrey Pulitzer of St. Louis Carle ton Farris Massey Ray Taylor Chrisman Fyan McAfee Rider of Jasper Conway Gantt McCabe Rippey Wallace Cottey Hale McKee Roberts Wagner Crews Halliburton M or tell Ross Watkins 58 Crockett Hammond ABSENT Adams Gottschalk Johnson Ross Todd Eitzen Hyer McKillop of Morgan 8 On motion of Mr. Brockmeyer, the Convention took a recess until 2:30 p. m. AFTERNOON SESSION The hour of recess having expired the Secretary of State called the Convention to order. Mr. Shields offered the following resolution: Resolved, That the Secretary now call the roll and that as their names are called eight members at a time present themselves before the President's desk and take the following oath: I do solemnly swear that I will support the Constitution of the United States and so much of Section three of Article XII of the Con- stitution of the State as is applicable, and the provisions of the act of the 6] General Assembly calling this Convention, and that I will faithfully without passion or prejudice discharge the duties devolving upon me as a member of this Convention, so help me God. which was read and adopted. Whereupon the following members came forward and took oath as above prescribed, the same being administered by Hon. Geo. W. Miller, Judge of the First Judicial Circuit: CONSTITUTIONAL CONVENTION, 1875 117 Alexander Dryden Johnston Nickerson Rucker Allen Dysart of Nodaway Norton Shanklin Black Edwards Johnson Pipkin Shields Boone of Iron of St. Clair Priest Spaunhorst Bradfield Edwards Lackland Pulitzer Switzler Broadhead of St. Louis Lay Ray Taylor Brockmeyer Farris Letcher Rider of St Louis. Carleton Fyan Mabrey Rippey Taylor Chrisman Gantt Massey Roberts of Jasper Conway Hale McAfee Ross Wallace Cottey Halliburton McCabe of Morgan Wagner Crews Hammond McKee Ross Watkins 59 Crockett Hardin Maxey of Polk Davis Holliday Mudd ABSENT Adams Gottschalk McKillop Mortell Todd 7 Eitzen Hyer Mr. Pulitzer offered the following resolution: Resolved, That the Convention npw proceed to a permanent or- ganization by the election of the following officers: one President, one Vice President, one Secretary, one Assistant Secretary, one Doorkeeper, one Sergeant-at-Arms, and the election shall be viva voce on the calling of the roll. Mr. Conway offered the following substitute: Resolved, That a committee of five be appointed by the Chair to report what officers are necessary to be appointed by this Convention 7] for the transaction of the business of the Convention. which was read and not adopted. The question recurring on the adoption of the resolu- tion offered by Mr. Pulitzer, the resolution was adopted. Mr. Hardin offered the following resolution: Resolved, That a majority of all the votes east shall elect. which was read and adopted. The Convention then proceeded to the election of President with the following result: For Waldo P. Johnson 17 For N. W. Watkins 13 For E. H. Norton 12 For Jas. O. Broadhead 7 For Wm. F. Switzler 10 Absent 7 Whole number of votes east, 59. Necessary to a choice, 30. 118 JOURNAL OF THE MISSOURI No one having received a majority of all the votes cast the Convention proceeded to a second ballot with the fol- lowing result: For Waldo P. Johnson 22 For N. W. Watkins 12 For E. H. Norton 9 For Jas. O. Broadhead 8 For Wm. F. Switzler 11 Absent 4 Whole number of votes cast, 62. Necessary to a choice, 32. No one having received a majority of all the votes cast the Convention proceeded to a third ballot. 8] Mr. Pipkin offered the following resolution: Resolved, That after one more ballot the candidate receiving the lowest number of votes shall be dropped and after each subsequent bal- lot the same rule shall be adopted until a President is elected. which was read and adopted. The result of the third ballot was as follows: FOR E. H. NORTON Alexander Allen Boone Johnston Roberts 5 of Nodaway FOR WALDO P. JOHNSON Black Crews Massey Norton Ross Bradfield Crockett McAfee Priest of Polk Broadhead Farris McCabe Puhtzer Taylor Chrisman Fyan Maxey Ross of Jasper Cottey Lay Nickerson of Morgan Wallace 22 FOR N. W. WATKINS Brockmeyer Davis Edwards Johnson Rider Carleton Edwards of St. Louis of St. Clair Switzler Conway of Iron HoUiday Mabrey Taylor of St. Louis 12 FOR JAS. O. BROADHEAD Dryden Hardin McKee Mudd Spaunhorst Gantt Lackland Mortell Shields Wagner 10 FOR WM. F. SWITZLER Dysart Hammond Pipkin Rippey Shanklin Hale Letcher Ray Rucker Watkins 11 Halliburton CONSTITUTIONAL CONVENTION, 1875 119 Adams Eitzen Gottschalk ABSENT Hyer Mo Kill op Todd Whole number of votes cast, 60. Necessary to a choice, 31. No one having received a majority of all the votes cast the Convention proceeded to the fourth ballot with the following result: 9] Messrs. C. D. Eitzen, Louis Gottschalk and Albert Todd came forward and were sworn in as members of the Constitutional Convention by the Hon. Geo. W. Miller, of Cole county. FOR WALDO P. JOHNSON Alexander Allen Black Bradfield Broadhead Chrisman Cottey Crews Crockett Edwards of Iron Farris Fyan Niekerson Lay Norton Massey Priest McAfee Pulitzer McCabe Ross Maxey of Morgan Ross of Polk Spaunhorst Taylor of Jasper Wallace 26 FOR N. W. WATKINS Boone Brockmeyer Carleton Conway Davis Holliday Johnston Johnson of Nodaway of St. Clair Mabrey Rider Roberts Switzler 12 FOR JAS. 0. BROADHEAD Dryden Edwards of St. Louis Eitzen Gantt Gottschalk Hardin Mortell Lackland Mudd McKee Shields Taylor of St. Louis Wagner 13 FOR W. F. SW^ITZLER Dysart Hale Halliburton Hammond Letcher Pipkin Ray Rucker Rippey Shanklin ABSENT Todd Watkins 12 Adams Hyer McKillop 3 Whole number of votes cast, 63. Necessary to a choice, 32. No one having received a majority of all the votes cast the Convention proceeded to a fifth ballot with the follow- ing result: 120 JOURNAL OF THE MISSOURI FOR WALDO P. JOHNSON Alexander Chrisman Edwards McAfee Ross Allen Conway of Iron McCabe of Morgan Black Cottey Farris Niokerson Ross Boone Crews Fyan Norton of Polk Broadhead Crockett Lay Priest Taylor Bradfield Davis Mabrey Pulitzer of Jasper Carleton Massey Roberts Wallace 30 101 FOR JAS. 0. BROADHEAD Brockmeyer Gantt Johnson Mortell Switzler Dryden Gottschalk of St. Clair Mudd Taylor Edwards Hardin Lackland Shields of St. Louis of St. Louis Johnston IMcKee Spaunhorst Wagner 18 Eitzen of Nodaw ■ay FOR W. F. SWITZLER Dysart Hammond Pipkin Rippey Todd Hale Holliday Ray Rucker Watkins 14 Halliburton Letcher Rider ABSENT Shanklin Adams Hyer McKillop Massey 4 Whole number of votes cast, 62. Necessary to a choice, 32. No one having received a majority of all the votes cast the Convention proceeded to the sixth ballot with the fol- lowing result: FOR WALDO P. JOHNSON Alexander Crews Holliday Pipkin Ross Allen Crockett Lay Priest of Polk Black Davis Mabrey Pulitzer Rucker Boone Dysart Massey Ray Spaunhorst Bradfield JJd wards McAfee Rider Taylor Broadhead of Iron McCabe Rippey of Jasper Carleton Farris IVIaxey Roberts Wallace Chrisman Fyan Nickerson Ross Watkins 42 Conway Halliburton Norton of Morgan Cottey Hammond FOR JAS. 0. BROADHEAD Brockmeyer Gottschalk Johnson Mortell Taylor Dryden Hale of St. Clair Mudd of St. Louis Edwards Hardin Lackland Shanklin Todd of St. Louis Johnston Letcher Shields Wagner 21 Eitzen of Nodaway McKee Switzler Gantt CONSTITUTIONAL CONVENTION, 1875 121 ABSENT Adams Hyer McKillop 3 Whole number of votes cast, 63. Necessary to a choice, 32. 11] Mr. Johnson having received a majority of all the votes cast was declared duly elected President of the Con- vention. On motion a committee of three was appointed con- sisting of Messrs. Pulitzer, Switzler and Broadhead to wait upon Mr. Johnson to inform him of his election and escort him to the chair. Mr. Johnson, upon taking the chair, made the following remarks: The unsought and unmerited compliment which the Convention had paid him stirred within him feelings of unfeigned thankfulness. He was astonished that he had been sent to the Convention at all, and much more so that so distinguished an honor should be conferred upon him by men to most of whom he was personally a stranger. He would not refer to the past, it should only be remembered as it throws light upon the future and in return for the confidence the Convention had reposed in him, he could only promise to preside over its deliberations impartially and fairly to the best of his ability. Mr. Brockmeyer moved a suspension of the rules gov- erning the election of officers as applied to the office of Vice- President. The motion being adopted, Mr. Brockmeyer nominated Mr. N. W. Watkins for Vice-President who was elected by acclamation. Nominations for the office of Secretary being in order the following gentlemen were placed in nomination: Alex- ander, Dodds, Nolan, Gillispie, Bell and Campbell. The Convention then proceeded to ballot with the following result: FOR MR. ALEXANDER Carleton Crews Letcher Wallace . 4 FOR MR. DODDS Bradfield Mortell Maxey Taylor Todd 6 Fyan of St. Louis 122 JOURNAL OF THE MISSOURI FOR MR. NOLAN 12] Alexander Black Boone Chrisman Conway Hale McKee Crockett Hardin Nickerson Dryden Lay Norton Farris Massey Pipkin FOR MR. GILLISPIE Roberts Shanklin Taylor of Jasper 19 Cottey Dysart Halliburton McCabe Rider McAfee Priest Rippey FOR MR. BELL Wagner 9 Edwards of Iron Hammond Johnson Mudd Holliday Mabrey Ray FOR MR. CAMPBELL Ross of Polk Watkins 9 Broadhead Edwards of St. Louis Eitzen Johnston Pulitzer Gantt of NodawayRoss Gottschalk Lackland of Morgai Shields Spaunhorst n Switzler 12 Adams Allen Brockmeyer Davis ABSENT Hyer McKillop Rucker Whole number of votes cast, 60. Necessary to a choice, 31. No one having received a majority of all the votes cast, the Convention proceeded to a second ballot with the fol- lowing result: FOR MR. DODDS Davis Mortell 2 FOR MR. GILLISPIE Cottey Dysart Halliburton Carleton Edwards of Iron 13]Bradfield Broadhead Brockmeyer Crews McCabe Rider Rippey Spaunhorst Taylor of St. Wagner Louis FOR MR. BELL Hammond Holliday Johnson of St. Clair Mabrey Mudd Ray Ross of Polk Wallace Watkins 11 FOR MR. CAMPBELL Edwards Gottschalk Letcher of St. Louis Johnston Maxey Eitzen of NodawayPulitzer Gantt Lackland Ross of Morgan Shields Switzler Todd 17 CONSTITUTIONAL CONVENTION, 1875 123 FOR MR. NOLAN Alexander Conway Hale McKee Roberts Allen Crockett Hardin Nickerson Rucker Black Dryden Lay Norton Shanklin Boone Farris Massey Pipkin Taylor Chrisman Fyan McAfee Priest of Jasper 24 ABSENT Adams Hyer McKillop 3 Whole number of votes cast, 63. Necessary to a choice, 32. No one having received a majority of all the votes cast, the Convention proceeded to a third ballot with the fol- lowing result: FOR MR. GILLISPIE Cottey Halliburton Johnson McCabe "Wagner 7 Dysart of St. Clair Rippey FOR MR. BELL Carleton Holliday Ray Wallace Watkins 6 Hammond FOR MR. CAMPBELL Bradfield Eitzen Lackland Ross Switzler Broadhead Gantt Letcher of Morgan Taylor Brockmeyer Gottschalk Maxey Ross of Polk of St. Louis Crews Johnston Mudd Shields Todd 21 Edwards of NodawayPulitzer Spaunhorst of St. Louis FOR MR. NOLAN Alexander Davis Hale McKee Rider Allen Dryden Hardin Mortell Roberts Black Edwards Lay Nickerson Rucker Boone of Iron Mabrey Norton Shanklin Chrisman Farris Massey Pipkin Taylor Conway Fyan McAfee Priest of Jasper 29 Crockett ABSENT Adams Hyer McKillop Whole number of votes cast, 63. Necessary to a choice, 32. 124 JOURNAL OF THE MISSOURI No one having received a majority of all the votes cast, 14] the Convention proceeded to a fourth ballot with the following result: FOR MR. CAMPBELL Bradfleld Eitzen Lackland Ross Switzler Broadhead Gantt Letcher of Morgan Taylor Brockmeyer Gottschalk Maxey Ross of Polk of St. Louis Crews Johnston Mudd Shields Todd 21 Edwards of NodawayPulitzer Spaunhorst of St. Louis FOR MR. BELL Carleton Ilolliday Ray Wallace Watkins 6 Hammond FOR MR. GILLISPIE Cottey Johnson MeCabe Rippey Wagner 7 Dysart of St. Clair Halliburton FOR MR. NOLAN Alexander Davis Hale McKee Rider Allen Dryden Hardin McKiUop Roberts Black Edwards Lay Niekerson Rucker Boone of Iron Mabrey Norton Shanklin Chrisman Farris Massej^ Pipkin Taylor Conway Fyan McAfee Priest of Jasper 29 Crockett ABSENT Adams Hyer Mortell 3 Whole number of votes cast, 63. Necessary to a choice, 32. No one having received a majority of all the votes cast, the Convention proceeded to a fifth ballot with the fol- lowing result: FOR MR. CAMPBELL Bradfield Eitzen Letcher Ross Taylor Broadhead Gantt Mudd of Polk of St. Lous Brockmeyer Gottschalk Pulitzer Shields Todd Carleton Halliburton Ray Spaunhorst Wagner Crews Hammond Ross Switzler Watkins 2( Edwards Johnston of Morgan of St. Louis Lackland CONSTITUTIONAL CONVENTION, 1875 125 1 5] FOR MR. NOLAN Alexander Davis Hardin McKee Rippey Allen Dryden Holliday Mortell Roberts Black Dysart Johnson Maxey Rucker Boone Edwards Lay Nickersou Shanklin Chrisman of Iron Mabrey Norton Taylor Conway Farris Massey Pipkin of Jasper Cottey Fyan McAfee Priest Wallace 37 Crockett Hale McCabe Rider ABSENT Aaams Hyer McKillop 3 Whole number of votes cast, 63. Necessary to a choice, 32. Mr. Campbell received 26 Mr. Nolan received 37 Mr. Nolan having received a majority of all the votes cast, was declared elected Secretary of the Convention. The Convention then proceeded to ballot for assistant secretary with the following result: FOR MR. MALONE Carleton Davis Dysart Mabrey Norton Pulitzer Rider Rippey FOR MR. ADAMS Allen Edwards Gottschalk Broadhead of St. Louis Hale Brockmeyer Eitzen Holliday Chrisman Lackland Lay Letcher Priest Ross of Morgan Rucker Alexander Crockett Fyan Boone Bradfield Dryden FOR MR. FOREMAN FOR MR. GRAY Johnson McAfee Ross of St. Clair McCabe of Polk Massey Ray FOR MR. ISABELL Farris Johnston Shanklin Halliburton of NodawaySwitzIer Hammond Spaunhorst Watkins 10 Shields Todd Wallace 17 Taylor of Jasper Wagner 1 1 Taylor of St. LouslO 126 JOURNAL OF THE MISSOURI 16] FOR MR. GALBRAITH Black Conway Cottey Crews Edwards of Iron Gantt Hardin McKee Mortell Mudd Nickerson Pipkin Roberts 13 ABSENT Adams Hyer McKillop Maxey 4 Whole number of votes cast, 62. Necessary to a choice, 32. No one having received a majority of all the votes cast, the Convention proceeded to a second ballot with the fol- lowing result: FOR MR. ISABELL Dryden Halliburton Johnston Switzler Taylor Farris Hammond of Nodaway of St. Louis 7 FOR MR. GALBRAITH Black Crews Gantt Mudd Pulitzer Boone Edwards McKee Nickerson Rucker Conway of Iron Mortell Pipkin Spaunhorst 15 Cottey FOR MR. GRAY Alexander Johnson McCabe Ross Taylor Crockett of St. Clair Ray of Polk of Jasper Fyan McAfee Wagner 10 FOR MR. MALONE Bradfield Davis Mabrey Norton Rippey Carleton Dysart Massey Rider FOR MR. ADAMS Watkins 10 Allen Edwards HolUday Priest Shanklin Broadhead of St. Louis Lackland Roberts Shields Brockmeyer Eitzen Lay Ross Todd Chrisman Gottschalk Letcher of Morgan Wallace 20 Hale Maxey ABSENT Adams Hyer McKillop Whole number of votes cast, 63. Necessary to a choice, 32. CONSTITUTIONAL CONVENTION, 1875 127 17] No one having received a majority of all the votes cast, the Convention then proceeded to a third ballot with the following result: FOR MR. ADAMS Alexander Edwards Johnston Priest Spaunhorst Allen of St. Louis of NodawayRoss Taylor Bradfield Eitzen Lackland of Morgan of St. Louis Broadhead Gottschalk Lay Shanklin Todd Brockmeyer Hale Letcher Shields WaUace 23 Chrisman Holliday . FOR MR. MALONE Carleton Halliburton Massey Rider Switzler Davis Hammond Norton Rippey Watkins 11 Dysart FOR MR. GALBRAITH Black Crews Hardin Mortell Pipkin Boone Edwards Mabrey Mudd Roberts Conway of Iron McKee Niokerson Rucker 16 Cottey Gantt FOR MR, GRAY Crockett Johnson McAfee Ross Taylor Fyan of St. Clair McCabe of Polk of Jasper Wagner 8 ABSENT. Adams Farris McKillop Pulitzer Ray Dryden Hyer Maxey 8 Whole number of votes cast, 58. Necessary to a choice, 30. No one having received a majority of all the votes cast, the Convention proceeded to a fourth ballot with the fol- lowing result: FOR MR. GALBRAITH Black Crews Edwards Massey Niokerson Conway Crockett of Iron McKee Pipkin Cottey Dryden Farris Mabrey Mortell Mudd Rucker 16 128 JOURNAL OF THE MISSOURI FOR MR. ADAMS 18] Alexander Eitzen Johnson Pulitzer Taylor Allen Gantt of St. Clair Ray of St. Louis Boone Gottschalk Lackland Roberts Taylor Bradfield Hale Lay Ross of Jasper Broadhead Hardin Letcher of Morgan Todd Broekmeyer Holliday McCabe Shanklin Wallace Chrisman Johnston Norton Shields Wagner 34 Edwards of NodawayPriest Spaunhorst of St. Louis FOR MR. MALONE Carleton Fyan McAfee Ross Switzler Davis Halliburton Rider of Polk Watkins 12 Dysart Hammond Rippey ABSENT Adams Hyer McKillop Maxey 4 Whole number of votes cast, 62. Necessary to a choice, 32. Mr. Adams having received a majority of all the votes cast was declared duly elected assistant secretary of the Convention. The Convention then proceeded to ballot for sergeant- at-arms with the following result: Allen FOR MR. SCHRADER Norton Roberts FOR MR. JESSIE Boone Edwards Johnston Mudd Shields Bradfield of St. Louis of Nodaway Pipkin Switzler Conway Hale Lay Rucker Todd 14 Letcher Black FOR MR. BOOTHE Chrisman Mabrey Shanklin FOR MR. BEN. E. GUTHRIE Alexander Farris Holliday Priest Rippey Cottey Halliburton McCabe Rider Wagner Dysart Hammond Nickerson 13 CONSTITUTIONAL CONVENTION, 1875 129 19] FOR MR. FARRIS Crockett Johnson Massey Ross Taylor Fyan of St. Clair McAfee of Polk Wallace 9 Ray FOR MR. CARR Broadhead Eitzen Hardin Mortell Taylor Crews Gantt Lackland Pulitzer of St. Louis Dryden Gottschalk McKee Spaunhorst Todd 14 FOR MR. JOHN GUTHRIE Broekmeyer Carleton Davis Edwards of Iron 4 ABSENT Adams Hyer McKillop Massey Ross of Morgan 5 No one having received a majority of all the votes cast, the Convention proceeded to the second ballot with the following vote: Broekmeyer Bradfield Conway FOR MR. JOHN GUTHRIE FOR MR. JESSIE Edwards Johnston Ross Shanklin of St. Louis of Nodaway of Morgan Shields Hale Mudd Rucker Switzler 11 FOR MR. BEN. E. GUTHRIE Alexander Fan-is Letcher Pipkin Roberts Carleton Halliburton McCabe Priest Wallace Cottey Hammond Niekerson Rider Wagner Davis Holliday Norton Rippy Watkins 21 Dysart FOR MR. FARRIS Boone Johnson McAfee Ross Taylor Crockett of St. Clai r Ray of Polk 9 Fyan Massey FOR MR. CARR Allen Dryden Gottschalk Mabrey Spaunhorst Black Edwards Hardin McKee Taylor Broadhead of Iron Lackland Mortell of St. Louis Chrisman Eitzen Lay Pulitzer Todd 19 Crews 130 JOURNAL OF THE MISSOURI ABSENT Adams Gantt Hyer McKillop Maxey 5 20] No one having received a majority of all the votes cast, the Convention proceeded to a third ballot with the following result: FOR MR. JESSIE Boone Gantt Johnston Rucker Switzler Conway Hale of NodawayShields Wallace 9 FOR MR. BEN. E. GUTHRIE Alexander Farris McCabe Priest Ross Carleton Halliburton Niekerson Rider of Morgan Cottey Hammond Norton Rippey Wagner Davis Johnson Pipkin Roberts Watkins 20 Dysart of St. Clair FOR MR. CARR Allen Dryden Hardin McKee Spaunhorst Black Edwards Holliday Mortell Taylor Bradfield of Iron Lackland Pulitzer of St. Louis Broadhead Edwards Lay Ray of Jasper Brockmeyer of St. Louis Letcher Ross Taylor Chrisman Eitzen Mabrey of Polk Todd 32 Crews Fyan Massey Shanklin Crockett Gottschalk McAfee ABSENT Adams Hyer McKillop Maxey Mudd 5 Mr. Carr having received a majority of all the votes cast, was declared duly elected sergeant-at-arms of the Con- vention. Nominations for doorkeeper being in order the follow- ing gentlemen were placed in nomination: C. P. Anderson, A. C. Hill, J. C. Meador, J. H. Green, J. D. Crafton, R. C. Blackwell, H. E. Moore. The Convention then proceeded to ballot with the fol- lowing result: FOR C. P. ANDERSON Eitzen Hardin Mabrey Ross Rucker Fyan Lay Pulitzer of Morgan Spaunhorst 9 CONSTITUTIONAL CONVENTION, 1875 131 21] FORA. C.HILL Halliburton Holliday Johnson of Nodaway FOR J. C. MEADOR None. FOR J. H. GREEN 3 Carleton Conway Davis Dryden McKee Rider Mudd Ross Niekerson of Polk Watkins 10 Brockmeyer Norton FOR J. D. CRAFTON Roberts Shields FOR R. C. BLACKWELL Alexander Crews Gottschalk Letcher Pipkin Allen Dj'sart Hale McAfee Shanklin Bradfield Gantt Hammond McCabe Switzler 16 Cottey FOR H. E. MOORE Black Edwards Johnson Ray Taylor Boone of Iron of St. Clair Rippey of Jasper Chrisman Edwards Lackland Taylor Todd Crockett of St. Louis Massey of St. Louis Wallace • Wagner 16 ABSENT Adams Farris McKillop Maxey Priest 8 Broadhead Hyer Mortell No one having received a majority of all the votes cast, the Convention then proceeded to a second ballot with the following result: FOR C. P. ANDERSON Fyan Lay Mabrey FOR J. H. Ross of Morgan GREEN Spaunhorst 5 Broadhead Carleton Conway Crews Davis Dryden Eitzen McKee Mudd Niekerson Rider Ross of Polk Watkins 13 132 JOURNAL OF THE MISSOURI FOR R. C. BLACKWELL Alexander Farris Halliburton McAfee Rucker Allen Gantt Hammond McCabe Shanklin Bradfield Gottschalk Holliday Pipkin Switzler Cottey Hale Letcher Priest Wallace 21 Dysart 22] FOR H. E. MOORE Black Edwards Johnston Norton Taylor Boone of Iron of NodawayPulitzer of St. Lous Brockmeyer Edwards Johnson Ray Taylor Chrisman of St. Louis of St. Clair Rippey of Jasper Crockett Hardin Lackland Roberts Todd Massey Shields Wagner 22 Adams Hyer ABSENT McKillop Mortell Maxey No one having received a majority of all the votes cast, the Convention proceeded ty a third ballot with the follow- ing result: FOR R. C. BLACKWELL Alexander Davis Hale McCabe Shanklin Allen Dysart Halliburton Mudd Shields Bradfield Farris Hammond Pipkin Switzler Conway Fyan Holliday Rider Wallace 28 Cottey Gantt Letcher Ross Crews Gottschalk McAfee of Polk FOR H. E. MOORE Black Edwards Johnson Norton Spaunhorst Boone of Iron of St. Clair Priest Taylor Broadhead Edwards Lackland Pulitzer of Jasper Brockmeyer of St. Louis Lay Ray Taylor Carleton Eitzen Mabrey Rippey of St. Louis Chrisman Hardin Massey Roberts Todd Crockett Johnston McKee Ross Wagner 32 Dryden of NodawayNickerson ABSENT of Morgan Adams Hyer McKillop Mortell Maxey 5 Mr. Adoore having received a majority of all the votes cast, was declared duly elected doorkeeper of the Conven- tion: CONSTITUTIONAL CONVENTION, 1875 133 Mr. Brockmeyer offered the following resolution: Resolved, That a committee of five be appointed by the President to prepare and report rules for the government of this Convention and that until the committee report, the rules of the last Convention govern this Convention with the exception of the appointment of com- mittees. which was read. Mr. Conway moved to amend as follows: Resolved, That the Chair appoint a committee of three to report rules for the guidance and government of this Convention in its proceed- ings and that said committee report tomorrow morning at 10 o'clock. which was read. 23] Mr. Shields offered the following substitute: Resolved, That a committee of five be appointed by the President to report what officers and assistants other than the officers named in Section five of the act calling this Convention are necessary for the proper transaction of business and to report rules and regulations for the government of the deliberations of this Convention. which was read and not adopted. Mr. Halliburton moved to lay the amendment on the table, which was not agreed to. The amendment was rejected and the resolution adopted. Mr. Rider offered the following resolution: Resolved, That a committee of five be appointed to consider and report to the Convention what other officers are necessary to transact the business of the Convention and what compensation it is proper for them to receive. which was read and adopted. Messrs. Nolan and Adams were sworn into office by Mr. Burch, notary public for Cole county. On motion the Convention adjourned until tomorrow morning, 9 o'clock. 134 JOURNAL OF THE MISSOURI THURSDAY, MAY 6, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President Hon. Waldo P. Johnson in the chair. Prayer by the Rev. Mr. Barrett. On motion of Mr. Brockmeyer the reading of the jour- nal of yesterday was dispensed with. Messrs. Hyer and Adams came forward and were sworn in as members of the Convention by Mr. Burch, notary public for Cole county. Mr. Norton offered the following resolution: Resolved, 1st, That a committee of nine be appointed which shall be the "Committee on the Executive and Ministerial Departments," which shall report what changes or amendments they deem necessary in the provisions of the Constitution of the State, relating to the execu- tive and ministerial officers whose duties have reference to the State Government at large. 24] 2nd, That a committee of eleven be appointed to be styled the "Committee on the Legislative Department," which shall report what changes or amendments they deem necessary in that part of the Con- stitution of the State which relates to the Legislative Department. 3rd. That a committee of eleven be appointed to be called the "Committee on the Judiciary," which shall report what changes or amendments are necessary in that part of the Constitution which re- lates to the judiciary and judicial proceedings. 4th. That a committee of seven be appointed to be called the "Committee on Preamble and Bill of Rights," which shall report what changes are necessary in that part of the Constitution included in the preamble and bill of rights. 5th. That a committee of seven be appointed to be called the "Committee of Electors and Elections," which shall report what changes or amendments are necessary in that part of the Constitution which has reference to electors and elections. 6th. That a committee of seven be appointed to be called the "Committee on Military Affairs," which shall report what changes or amendments are necessary in that part of the Constitution which has reference to the organization of the militia. 7th. That a committee of seven be appointed to be called the "Committee on Banks and Corporations," which shall report what CONSTITUTIONAL CONVENTION, 1875 135 changes or amendments are necessary in that part of the Constitution which relates to banks and corporations. 8th. That a committee of seven be appointed to be called the "Committee on Miscellaneous Affairs," which shall report what changes or amendments are necessary in that part of the Constitution relating to miscellaneous matters. 9th. That a committee of seven be appointed to be called the "Committee on the Mode of Amending the Constitution," which shall report what changes or amendments are necessary in that part of the Constitution relating to amending the Constitution. 25] 10th. That a committee of seven be appointed to be the "Committee on Education," which shall report what changes or amend- ments are necessary in that part of the Constitution relating to education. which was read and on motion referred to the Committee on Rules. Mr. Spaunhorst offered the following resolution: Resolved, That Oscar Monning furnish each member and officer with two daily papers at a cost not. to exceed five cents per copy, each member making his own choice. which was read. Mr. Conway offered the following amendment: Amend by striking out all after the word "Resolved" and insert the following: "That John Dilahay be and is hereby appointed news agent whose duty it shall be to furnish each member and officer during this session with three daily papers or two dailies and one weekly, at a cost not to exceed five cents per copy, each member to make his own selec- tion." which was read. Mr. Gantt offered the following amendment to Mr. Con- way's amendment: Amend by adding the following: Resolved, That no part of the cost of these papers shall be paid from the public treasury nor shall any member be compelled to pay for any paper not ordered by him. which was read. Mr. Taylor of Jasper moved to lay the amendment on the table. The ayes and noes being demanded the motion to table was agreed to by the following vote : 136 JOURNAL OF THE MISSOURI 26] AYES Adams Dysart Johnston Maxey Ross Alexander Edwards of Nodawa lyNickerson of Polk Allen of St. Louis Johnson Pipkin Rueker Bradfield Eitzen of St. Clair Priest Shanklin Broadhead Gantt Lackland Pulitzer Switzler Carleton Gottschalk Letcher Ray Taylor Chrisman Hale Mabrey Rider of St. Louis Cottey Halliburton Massey Rippey Taylor Crews Hammond McAfee Roberts of Jasper Crockett Hardin McCabe Ross Todd Davis Holliday McKee of Morgan Wallace Dryden Hyer M or tell NOBS Watkins 52 Conway Edwards of Iron Lay Mudd ABSENT Shields Spaunhorst 6 Black Brockmeyer Fyan Norton Wagner 8 Boone Farris McKiUop The President announced in compliance with the resolu- tion adopted yesterday, the following committees: Committee on Rules. — Brockmeyer, Edwards of St. Louis, Fyan, Wagner and Norton. Committee on Officers of the Convention. — Rider, Massey, Ross of Morgan, Watkins and Priest. Mr. Gottschalk offered the following resolution: Whereas, It has been currently reported and publicly asserted that the question of calling a Constitutional Convention was at the election held for that purpose decided in the negative by the people and that such will appear to be the fact by an inspection of amended and supple- mental returns stated to be in the Secretary of State's office. Now, therefore, be it Resolved, That the Secretary of State be herewith direc- ted to report to this Convention whether or not any amended or supple- mental returns or any information of any official character from any county in reference to the vote given for or against the calling of a Consti- tutional Convention, have been received at his office and if so to state the nature of such information and returns. which was read. 27] Mr. Pulitzer moved to lay the resolution on the table. The ayes and noes being demanded, the motion to table was agreed to by the following vote: CONSTITUTIONAL CONVENTION, 1875 137 AYES Adams Davis Hyer Pulitzer Taylor Alexander Dryden Lackland Rider of St. Louis Allen Edwards Lay Roberts Taylor Bradfield of Iron Massey Ross of Jasper Carleton Farris McCabe of Morgan Todd Chrisman Gantt McKee Ross Wallace Conway Hale Mortell of Polk Watkins Cottey Halliburton Niekerson Rucker Mr. President Crews Hardin Pipkin Shanklin 43 Crockett Plolliday Priest NOES Switzler Broadhead Hammond Letcher Maxey Shields Dysart Johnston Mabrey Ray Spaunhorst 14 Eitzen of Nodaway McAfee Rippey Gottsehalk ABSENT Black Edwards Fyan Mudd Wagner 9 Boone of St. Louis McKillop Norton Brockmeyer Mr. Conway offered the following resolution: Resolved, That a Chaplain be elected to serve this Convention throughout its sittings. which was read. Mr. Priest offered the following amendment: Amend as follows: That the expenses incurred by the services of any Chaplain elected by the Convention shall be paid by the members thereof. which was read. Mr, Mudd moved to refer the resolution and amend- ment to the Committee on Officers. Mr. Taylor moved to lay the amendment on the table, which was agreed to. Mr. Taylor of Jasper offered the following resolution: 28] Resolved, That the daily sessions of this Convention be opened with prayer and that the President invite a clergyman to officiate until a Chaplain shall be elected. which was read. 138 JOURNAL OF THE MISSOURI Mr. Holliday offered the following amendment: Amend by striking out all after the word "Resolved," and insert the following: "That the President of the Convention be requested to invite the resident ministers of the Gospel belonging to the different religious denominations in Jefferson City to officiate in rotation as Chaplain of this Convention." which was read. Mr. Wallace offered the following amendment to the amendment: Amend the amendment by striking out all after the word "the" in the first line and insert the following: "Ministers of the Gospel resident in the city of Jefferson and pastors of churches be and are hereby re- spectfully requested to open the morning session of this Convention daily with prayer, in such order as may be arranged by themselves and that they report their response to this request to the Convention through the Secretary thereof at their earliest convenience." which was read. Mr. Conway rose to a point of order and stated that according to the rules when a member is addressing the Presi- dent no member or person should pass between the member speaking and the President or hold private intercourse. The President declared the point of order well taken. On motion of Mr. Pulitzer the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION The Convention met pursuant to adjournment, the 29] President in the chair. The Convention resumed the consideration of the resol- ution offered by Mr. Taylor of Jasper. The question recurring on agreeing to the amendment offered by Mr. Wallace to the amendment of Mr. Holliday; the ayes and noes being demanded the amendment to the amendment was agreed to by the following vote: CONSTITUTIONAL CONVENTION, 1875 139 AYES Adams Edwards Hammond Nickerson Shanklin Alexander of St. Louis HoUiday Norton Shields Allen Fyan Lackland PuUtzer Spaunhorst Black Gantt Lay Ross Switzler Chrisman Hale Mortell of Polk Todd Cottey Halliburton Mudd Rucker Wallace 29 Davis NOES Boone Dryden Johnston McCabe Taylor Bradfield Dysart of Nodaway Ray of Jasper Broadhead Brockmeyer Eitzen Letcher Rippey Wagner Carleton Farris Mabrey Roberts Mr. President Conway Gottschalk Massey Taylor Crews Hardin McAfee of St, Louis 28 Crockett Hyer ABSENT Edwards McKee Mortell Priest Ross of Iron McKillop Pipkin Rider of Morgan Watkins 9 The question recurring on agreeing to the amendment offered by Mr. HoUiday, Mr. Gantt offered the following amendment to the amendment: Amend by adding the following: Provided, that no claim be thereby created on the part of any minister so acting to be paid out of the contin- gent fund of this Convention or out of the public treasury. which was read. Mr. Taylor of St. Louis moved to lay the whole subject on the table. ; ; The ayes and noes being demanded, the motion to table was not agreed to by the following vote: AYES Bradfield Gantt Johnston Maxey Spaunhorst Carleton Gottschalk of Nodaway Pipkin Taylor Eitzen Halliburton McAfee Ray of St. Lousl5 Farris Hyer 30] NOES Adams Black Brockmeyer Cottey Davis Alexander BoOne Chrisman Crews Dryden Allen Broadhead Conway Crockett Dysart 140 JOURNAL OF THE MISSOURI Edwards Hardin Mudd Ross Taylor of Iron Holliday Nickerson of Polk of Jasper Edwards Lackland Norton Rucker Todd of St. Louis Lay Pulitzer Shanklin Wallace Fyan Letcher Rippey Shields Wagner Hale Mabrey Roberts Switzler Mr. President Hammond McKee ABSENT 43 McCabe Massey Priest Ross Watkins 8 Mortell McKillop Rider of Morgan Mr. McAfee moved to postpone tbe further considera- tion of the subject to allow the Committee on Rules to Report, which was agreed to. Mr. Brockmeyer from the Committee on Rules sub- mitted the following report: Mr. President: Your Committee on Rules to which was referred the resolution in relation to the appointment of standing committees, begs leave to report that it has considered the same and recommends that the accom- panying substitute be adopted. which was read. The following substitute was recommended by the Com- mittee on Rules for the resolution relating to the standing committees of the Convention: Resolved, That the following committees be appointed by the Presi- dent of this Convention whose duty it shall be to take into consideration and report what changes or amendments are necessary in those parts of the Constitution which relate to the respective department and sub- jects indicated by the title of these committees and such matters as may be referred to them by the Convention: 1st. A committee of nine on the Executive and Ministerial De- partment of the State Government. 31] 2nd. A committee of seven on the Executive and Ministerial offices of County and Municipal Governments. 3rd. A committee of thirteen on the Legislative Department. 4th. A committee of eleven on the Judicial Department. 5th. A committee of seven on the subjects of Election and Electors. 6th. A committee of seven on the Boundaries and Political Sub- divisions of the State. 7th. A committee of seven on the subject of Revenue and Taxation. 8th. A committee of thirteen consisting of one member from each Congressional district on Representation and Representative and Sen- atorial Districts. CONSTITUTIONAL CONVENTION, 1875 141 9th. A committee of seven on the Military Affairs and the Organi- zation of the Militia of the State. 10th. A committee of seven on Banks and Corporations. 11th. A committee of seven on the subject of Education. 12th. A committee of seven on the subject of Future Mode and Manner of Amending the Constitution. 13th. A committee of seven on the Preamble to the Constitution and the Bill of Rights. And be it further resolved that a committee of five be appointed to be known as the "Committee on Accounts," whose duty it shall be to examine and audit the accounts of the members, officers and employes of this Convention, together with such incidental liabilities as may be incurred by order of this Convention, to keep in a book a correct state- ment thereof, and shall take the necessary steps to prevent the allow- ance of all improper and unjust claims. which was read. Mr. Shanklin offered the following amendment to the substitute: Amend by striking out the figure "11" in designating the number of the Committee on the Judicial Department be stricken out and "13" in lieu thereof. which was read and agreed to. Mr. Gantt offered the following amendment to the sub- stitute: 32] Amend by striking out the title of the Committee on Military Affairs and the organization of the Militia of the State, and to insert in lieu thereof "a Committee on the Appointment of the Officers of the Militia of the State and the Training of the Militia According to the Discipline prescribed by Congress." which was read and not agreed to. The substitute recomm.ended by the Committee as amended was agreed to. The question recurring on agreeing to the resolution as amended, Mr. Hale offered the following substitute: Amend by striking out all after the word "Resolved" and insert the following: "That as soon as this Convention is permanently organ- ized by the election or appointment of such officers as may be au- thorized, it proceed at once in Committee of the Whole to revise and amend the present Constitution of this State by considering, amending or adopting each section, commencing with the Preamble or Bill of Rights or by adding new sections as may be determined, and that when any 142 JOURNAL OF THE MISSOURI general revision of said Constitution shall have been acted on and agreed to in committee that It be reported to the Convention for its action." which was read and not agreed to. The resolution as amended was adopted. Mr. Spaunhorst offered the following resolution: Resolved, That the reverend clergymen of this city are welcome to this Hall of the Convention to open the morning sessions with prayer, and that the secretary of this Convention give notice through the morn- ing papers of the adoption of this resolution. 33] which was read and referred to Committee on Officers. Mr. Broadhead laid the following communication be- fore the Convention: Gentlemen of the Convention: We propose to make a verbatim report of the proceedings of the Convention on the following terms: For taking the shorthand notes of the proceedings, ten dollars per day. For transcribing the shorthand notes and preparing the same for publication, twenty cents per one hundred words, or thirty cents per legalcap page, a full report of each day's proceedings will average about two hundred legalcap pages. Estimating the session at fifty days, this would make ten thousand legal- cap pages so that the cost of the transcript would not be far from $3,000. Should it be deemed advisable we can defer writing out the shorthand notes except such portions as may be important for immediate publica- tion in the newspapers, until the Constitution shall have been submitted to a vote of the people. In case of its adoption we can then transcribe the notes in full for publication in book form, should such action be considered desirable: the expense of reporting would be but ten dollars per day provided the notes were not written out for publication. Respectfully, Walbridge, Holland & Brown, Shorthand Reporters. which was read and on motion referred to a special commit- tee of five to be appointed by the President. Mr. Mudd offered the following resolution: Whereas, By act of the General Assembly approved March 29, 1875, the Fund Commissioners by and with the advice and consent of the Governor, and for the purpose of meeting the indebtedness of the State maturing during the years 1875, 1876 and 1877 are authorized to self bonds of the State not exceeding in the aggregate the sum of five mil- lion dollars. Therefore, Be it resolved by the people of the State of Missouri in Convention assembled that the tax known as the State interest tax as provided by ordinance of the State Convention adopted April 8, 1865, CONSTITUTIONAL CONVENTION, 1875 143 34] or some similar tax equal to that purpose shall be levied and col- lected and shall be applied to the payment of the bonded debt of the State including that authorized by said act of the General Assembly until the bonded debt of the State, principal and interest, shall be fully provided for. which was read and motion referred to the Committee on Revenue and Taxation. On motion of Mr. Halliburton the Convention ad- journed until tomorrow, 9 o'clock a. m. FRIDAY, MAY 7, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. Prayer by the Rev. Mr. Wood. The Journal of Wednesday, May 5th, was read and approved. The journal of yesterday was read and approved. Mr. Brockmeyer offered the following resolution: A resolution to invite his Excellency, the Governor, to a seat upon the floor Be it resolved by the Convention: 1. That his Excellency, the Governor of the State of Missouri, be and he is hereby most respectfully invited to a seat upon the floor during the session of this Convention. 2. That the Secretary is hereby instructed to transmit a copy of this resolution to his Excellency, Charles H. Hardin, Governor of the State of Missouri. which was read and adopted, Mr. Rider from the special committee appointed to con- sider what other ofTicers are necessary to transact the busi- 35] ness of the Convention and what compensation it is proper for them to receive, submitted the following report: Mr. President: Your Committee appointed to report to the Convention what other officers are necessary for the transaction of the business of the Conven- tion and the salaries they shall receive beg leave to report the following: That in our opinion no further officers for the Convention are necessary 144 JOURNAL OF THE MISSOURI except one second assistant secretary who shall receive for his services five dollars per day, and two pages who shall receive two dollars and fifty cents each per day, who shall be appointed by the President of this Convention. All of which is respectfully submitted, J. H. Rider, Chairman. Mr. Dryden offered the following amendment: Amend by striking out all after the word "Resolved" and insert in lieu thereof the following: "That the Secretary of the Convention be authorized to appoint the following assistants to aid him in the trans- action of the business of this Convention in a proper and expeditious manner: One minute clerk, two journal clerks, two copy and resolu- tion clerks, one postmaster, four pages, one of whom shall act as messen- ger. No clerk or employe shall be placed on duty until the business of the Convention demands his actual labor and he shall receive pay only for the time actually employed." which was read. Mr. Halliburton moved to reject the amendment of- fered by Mr. Dryden, Mr. McCabe moved to lay the amendment offered by Mr. Dryden on the table, which was not agreed to. Mr. Pulitzer offered the following amendment: 38]* Amend by inserting after the word "appoint," the words "subject to the consent and approval of the President," which was read. Mr. Switzler offered the following amendment to the amendment: Amend by inserting after the word "labor" the following: "which question shall be decided by the President," which was read and agreed to. Mr. Todd offered the following amendment to the amendment: Amend by adding to the amendment "and that the compensation for the services of the respective officers and assistants appointed or engaged by this Convention shall not be increased or added to in the name of extra work or for any other cause, beyond what is provided for at the time of their respective appointments or engagements," which was read and agreed to. The amendment as amended was agreed to. ♦Pages 36 and 37 of the Journal are blank. CONSTITUTIONAL CONVENTION, 1S75 145 Mr. Mudd offered the following amendment to the amendment: Amend by inserting after the word "postmaster" the words "one folder." which was read and not agreed to. Mr. Edwards of St. Louis offered the following amend- ment to the amendment: Amend by striking out the word "Secretary" and inserting the word "President shall appoint." which was read and agreed to. Mr. Spaunhorst offered the following amendment to the amendment: Amend by striking out all of the amendment after the word "Re- solved." 39] The ayes and noes being demanded, the amend- ment was agreed to by the following vote: AYES Alexander Edwards Holliday McKee Ross Black of St. Louis Hyer Maxey of Morgan Bradfield Eitzen Johnston Nickerson Shanklin Broadhead Farris of NodawayNorton Spaunhorst Carleton Fyau Lackland Pipkin Taylor Chrisman Gantt Lay Priest of St. Louis Cottey Gottschalk Letcher Ray Wallace Crockett Hale Massey Rippey Wagner Davis Halliburton McAfee Roberts Watkins Dysart Hammond McCabe NOES Mr. President 45 Adams Dryden Mudd Ross Taylor Allen Hardin Pulitzer of Polk of Jasper Boone Mabrey Rider Rucker Todd 15 Conway ABSENT Switzler Brockmeyer Edwards of Iron McKillop SICK 3 Crews Mortell Shields 3 146 JOURNAL OF THE MISSOURI Mr. Hardin offered the following amendment: Amend by inserting after the word "Resolved," "That the Secre- tary of this Convention is hereby authorized to appoint such assistant clerks not exceeding seven in number as he may deem absolutely neces- sary to transact well the business of his department and he shall also appoint three pages and one postmaster, such appointees to be approved by the President." which was read. The ayes and noes being demanded, the amendment was not agreed to by the following vote: AYES Adams Bradfield Dryden Mabrey Pulitzer Alexander Conway Hardin McKee Taylor Allen Crockett Lay Mudd of Jasper 15 Boone 40] NOES Black Edwards Johnston Priest Spaunhorst Broadhead of St. Louis of NodawayRay Switzler Brockmeyer Eitzen Lackland Rider Taylor Carleton Farris Letcher Rippey of St. Louis Chrismau Fyan Massey Roberts Todd Cottey Gantt McAfee Ross Wallace Davis Gottschalk McCabe of Morgan Wagner Dysart Hale Maxey Ross Watkins Edwards Halliburton Nickerson of Polk Mr. President of Iron Hammond Norton Rueker 46 Hyer Pipkin ABSENT Shanklin HoUiday McKillop SICK 2 Crews Mortell Shields 3 Mr. Taylor of St. Louis offered the following amend- ment to the amendment: Amend by striking out all after the word "Resolved" and insert in lieu thereof the following: "That the following additional officers be elected by the viva voce vote of the Convention upon the call of the roll: one second assistant secretary, one messenger, four pages, one post- master, one folder, whose respective compensation shall be as follows: Assistant secretary, $5.00 per day; one messenger, S3. 00 per day; four pages, $2.50 per day each; one postmaster, $3.00 per day; one folder, $3.00 per day." which was read. CONSTITUTIONAL CONVENTION, 1875 147 The ayes and noes being demanded, the amendment to the amendment was not agreed to by the following vote: AYES Broadhead Edwards McCabe Ray Taylor Carleton of St. Louis McKee Rucker of St. Louis Cottey Eitzen Mudd Shanklin Wagner 17 Edwards Mabrey Pipkin Spaunhorst of Iron NOES Adams Dryden Hyer Nickerson Ross Alexander Dysart Johnston Norton of Polk Black Farris of NodawayPriest Switzler Boone Fyan Lackland Pulitzer Taylor Bradfield Gantt Lay Rider of Jasper Brockmeyer Gottschalk Letcher Rippey Todd Chrisman Hale Massey Roberts Wallace Conway Halliburton McAfee Ross Watkins Crockett Hammond Maxey of Morgan Mr. President Davis Hardin 41] ABSENT 44 Holliday McKillop 2 SICK Crews Mortell Shields The question recurring on the adoption of the report of the committee as amended, the report was adopted by the following vote: AYES Alexander Eitzen Letcher Pipkin Taylor Broadhead Farris Massey Priest of St. Lous Brockmeyer Fyan McAfee Rider Todd Carleton Gantt McCabe Roberts Wagner Cottey Halliburton McKee Ross Watkins Davis Hammond Maxey of Morgan Mr. President Edwards Hyer Nickerson Spaunhorst 34 of St. Louis Johnston Norton NOES Adams Conway Gottschalk Mudd Shanklin AUen Crockett Hale Pulitzer Switzler Black Dryden Hardin Ray Taylor Boone Dysart Lackland Ross of Jasper Bradfield Edwards Lay of Polk Wallace 26 Chrisman of Iron Mabrey Rucker 148 JOURNAL OF THE MISSOURI ABSENT Holliday McKillop Rippey 3 SICK Crews Mortell Shields 3 On motion of Mr. Pulitzer the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION The Convention met pursuant to adjournment, Mr. President in the chair. The President announced the following Special Com- mittee on Report of Proceedings of Convention by short- hand reporter: Broadhead, Switzler, Chrisman, Alex- ander, McAfee. Also the following standing committees of the con- vention: Committee on Executive and Ministerial Departments of the State Government: E. McCabe, A. Todd, J. H. Taylor of Jasper, J. C. Roberts, L. F. Cottey, G. W. Brad- field, E. V. Conway, J. H. Maxey, A. V, McKee. 42] Committee on Executive and Ministerial Officers of the County and Municipal Government — T. W. B. Crews, John Ray, J. H. Rider, J. P. Ross, N. C. Hardin, N. Mortell, M. McKillop. Committee on Judicial Department — W. Adams, Wm. Chrisman, C. B. McAfee, L. H. Davies, H. C. Lackland, J. 0. Broadhead, A. McCabe, L. Gottschalk, T. J. Johnston, J. L. Farris, C. Hammond, A. R. Taylor, R. Dysart. Committee on Boundaries and Political Subdivisions of the State — F. M. Black, J. C. Roberts, H. J. Spaunhorst, Jos. Pulitzer, J. H. Shanklin, S. R. Crockett, J. F. Rucker. Committee on Representation, Representative and Senatorial Districts — E. H. Norton, J. O. Broadhead, Albert Todd, II. J. Spaunhorst, N. W. Watkins, G. W. Bradfield, R. W. Fyan, A. M. Lay, H. Boone, W. Halli- burton, H. C. Wallace, Levi J. Wagner, Wm. Priest. CONSTITUTIONAL CONVENTION, 1875 149 Committee on Organization of Militia of State — C. B. McAfee, J. P. Ross, J. H. Shanklin, S. R. Crockett, H. Boone, T. J. Johnston, J. Hyer. Committee on Printing and Binding — E, H. Norton, B. R. Dysart, C. D. Eitzen, H. C. Lackland, J. F. T. Ed- wards. Committee on Preamble to the Constitution and Bill of Rights— T. T. Gantt, E. V. Conway, L. F. Cottey, C. D. Eitzen, J. H. Maxey, W. Halliburton, J. L. Farris. 43] Committee on Accounts — C. Hammond, J. W. Ross, L. J. Dryden, J. F. T. Edwards, J. H. Rider. Committee on Revenue and Taxation — Wm. H. Letcher, H. T. Mudd, B. F. Massey, L. J. Dryden, A. M. Alexander, E. A. Nickerson, R. W. Fyan. Committee on Subject of Taxation and Manner of Amending Constitution*— J. B. Hale, T. W. B. Crews, N. C. Hardin, P. Mabrey, J. R. Rippey, P. Pipkin, J. Ray. Committee on the Legislative Department — H. C. Brockmeyer, T. T. Gantt, L. Gottschalk, E. A. Nickerson, A. M. Lay, G. W. Carleton, J. Hyer, J. A. Holliday, J. W. Ross, D. C. Allen, P. Pipkin, J. H. Shanklin, J. R. Rippey. Committee on Elections and Electors — A. M. Alex- ander, M. McKillop, J. H. Rider, A. R. Taylor, J. F. T. Edwards, A. V. McKee, J. F. Rucker. Committee on Banks and Corporations. — J. C. Ed- wards, J. P. Ross, B. F. Massey, Wm. Priest, J. B. Hale, J. A. HoUiday, G. W. Carleton. Committee on Education — Wm. F. Switzler, Jos. Pulitzer, G. H. Shields, G' W. Carleton, A. V. McKee, D. C. Allen, W. H. Letcher. Mr. Norton offered the following resolution: 44] Resolved, That the President appoint a Committee on Printing and Binding. which was read and adopted. *The copyist obviously is mistaken in the name of the committee. Hereafter the committee will be referred to as the Committee on Manner of Amending Constitution. 150 JOURNAL OF THE MISSOURI Mr. Switzler oiTered the following: Resolved, That the Committee on the Executive and Ministerial Departments of the State Government inquire into the expediency of so amending the Constitution as to provide: 1. That the Governor, Lieutenant-Governor, Secretary of State, Auditor of Public Accounts, Treasurer, Register of Lands, Superin- tendent of Public Instruction, and Attorney-General hold their offices for the term of four years. 2. That no person elected and qualified as Governor, Lieutenant- Governor, Auditor, Secretary of State or Attorney-General, shall be eligible to hold said offices more than four years in any period of eight years, nor shall any person holding either of said offices be eligible to anj^ other office during the period for which he shall have been elected. 3. That the Governor on extraordinary occasions may convene the General Assembly by proclamation stating therein the purpose for which they are convened; and the General Assembly shall enter upon no business except that for which they are called together as specified in said proclamation. 4. That in case of disagreement between the two houses of the General Assembly with respect to the time of adjournment, the Gover- nor may on the same being certified to him by the house first moving the adjournment, adjourn the General Assembly sine die. 5. That it shall be the duty of the Treasurer to account for and pay into the State Treasurer all moneys received by him as interest, premium or hire, in any form whatsoever, on deposit of the revenue of the State or any portion thereof in any bank, insurance or other corporation or by any individual or association of individuals. 6. If the office of either Secretary of State, Auditor, Treasurer or Attorney-General shall become vacant by reason of death, resignation or otherwise during the period for which he was elected or appointed, it shall be the duty of the Governor to appoint another who shall hold his office during the unexpired term of the officer whose vacancy he is appointed to fill. 45] which was read and on motion of Mr. Spaunhorst referred to the Committee on the Executive and Ministerial Departments of the State Government. Mr. Todd offered the following resolution: Resolved, That the Secretary of State be requested to furnish to each member of the Convention for his use as such member, a copy of the last edition of the Wagner Statutes of this State, if the State have them to spare for such use, the same to be returned to the Secretary when the Convention adjourns. which was read and adopted. Mr. Adams submitted a draft of a new constitution. CONSTITUTIONAL CONVENTION, 1875 151 On motion of Mr. Spaunhorst the rules were suspended and the further reading dispensed with. Mr. Shanklin offered the following resolution: Resolved, That the draft of a revised constitution submitted by the gentleman from Cooper be laid on the table and that two hundred copies be printed for the use of the members of the Convention and for con- venient reference to appropriate committees. which was read. Mr. Norton offered the following amendment: Amend by striking out "That the revised Constitution be laid on the table" and insert "That the revised Constitution be referred to the appropriate committees as soon as announced." which was read and agreed to. The ayes and noes being demanded the resolution as amended was agreed to by the following vote: 46] AYES Alexander Dryden Hammond McCabe Ross Allen Dysart Hardin Nickerson of Morgan Carleton Edwards Holliday Norton Rucker Chrisman of Iron Johnston Priest Shanklin Conway Edwards Lackland Pulitzer Switzler Cottey of St. Louis Lay Ray Taylor Crockett Farris Mabrey Rippey of Jasper Davis Hale McKee NOES Todd Wallace 36 Black Gantt McAfee Ross Wagner Boone Gottschalk Maxey of Polk Watkins Bradfield Halliburton Mudd Spaunhorst Mr. President Broadhead Hyer Pipkin Taylor 24 Eitzen Letcher Rider of St. Louis Fyan Massey Roberts ABSENT McKillop SICK 1 Crews Mortell Shields EXCUSED 3 Adams Brockmeyer 2 152 JOURNAL OF THE MISSOURI Mr, Halliburton offered the following resolution: Resolved, That the Secretary of State be and he is hereby requested to furnish each member of this Convention with a copy of the Revised Code of the State of Missouri of 1855, containing the Constitution of 1820 with the amendments thereto, if the same are to be had, for the use of the members while sitting in this Convention, the same to be re- turned when the Convention adjourns. which was read and adopted. Mr. Spaunhorst offered the following resolution: Resolved, That the Committee on Printing and Binding ascertain the cost of work to be done and that no matter be let or sent for printing from this Convention until said Committee report. which was read and adopted. Mr. Taylor of St. Louis offered the following resolution: 47] Resolved, That a standing committee of five be appointed by the President whose duty it shall be to revise any article or amendment of the Constitution after it is adopted by the Convention and report the same to the Convention on the next day or as soon thereafter as practi- cable. which was read. Mr. Brockmeyer offered the following amendment: Amend by striking out the word "five" where it occurs and insert "eleven." which was read and agreed to. The resolution as amended was adopted. Mr. Letcher offered the following resolution: Resolved, That the Constitution be so amended as to provide: 1. That the State shall not assume or in any manner become bound for the contracts or liabilities of any county, city, town or other muni- cipal corporation. 2. That neither the state nor any county, city, town or other municipal corporation shall issue any bond or other obligation of indebt- edness except for the purpose of renewing or paying such bonds or obli- gations as may be outstanding. 3. That taxation by the State shall be limited to per cent, bj^ counties to per cent, by cities, towns and other municipal corporations to per cent annually of the assessed value of prop- erty. Special assessments shall not be unreasonable or assessive* and when the valuation or assessment for any of the foregoing purposes ''This is clearly an error and should be "excessive." CONSTITUTIONAL CONVENTION, 1875 153 is deemed by the property holders to be too high, he shall be entitled to a jury of six persons who shall summarily hear and determine the same. 4. That the appropriations made by the General Assembly or by the authorities of any county, city, town or other municipal corporation for any one year shall not exceed the amount of revenue collected and paid in for the next preceding year. 5. That no county now existing by law shall be reduced by change of limits or by the establishment of new counties to less than twenty miles square. which was read and on motion referred to the following committees: First, second and fourth clauses referred to Committee on Legislative Department, third clause to the Committee on Revenue and Taxation, and fifth clause to 48] the Committee on Boundaries and Political Subdi- visions of the State. Mr. Todd by consent of the Convention presented the following communication from the Woman's Suffrage As- sociation of Missouri: To the Honorable Members oj the Constitutional Convention: Under the present Constitution of Missouri, women are denied the right of suffrage. This denial unjustly affects them in the various relations of life and is, as we believe, a violation of the principles of American liberty and the laws of equity which should be recognized by every Christian nation. You are about to frame a new Constitution and in this important work we pray this may be duly considered. We feel justified in making this request from the fact that you, as members of the Convention, are not the representatives of any nationality, class or sex and cannot be partisan in the narrow sense of the term; met and called by the whole people to frame a fundamental law for all, not a part. Constitutions are made not for today alone but always look to the future and should be sufficiently broad to guarantee to all who bear the burdens of government a share in the benefits. You will recognize in this Con- stitution the power to tax and to impose taxes irrespective of sex. The exercise of this power brings a burden and there should be a correspond- ing benefit. This benefit in all republican government is the right of representation. This right should be as broad as the power to tax, otherwise a constitution becomes a mere instrument of injustice and not the safe-guard of the liberties of the people. "That he has imposed taxes without our consent" was the grievance which more than any other moved the men of the Revolution to throw off their allegiance to George the Third! Yet we find the men of today imposing the very burdens which men so strongly resisted a hundred years ago. This injustice is manifestly great but in our opinion is not the greatest of the evils in- flicted by the disfranchisement of women. 154 JOURNAL OF THE MISSOURI Legislation which restricts the expression of opinion, which de- prives the individual of a voice in the laws by which he is governed, which takes from a mother any portion of her influence in the control and education of her children, in a word the legislation which degrades any class of citizens by limiting their power as moral agents, is more oppressive than those which effects the mere disposition of property. To do injustice to another in that which pertains to his material posses- 49] sions, his goods and chattels is to commit a trespass which may be forgiven, but what can atone for sins against the individual in that which relates to the higher being — that which affects his immortal destiny. Laws which result in binding the conscience, subjugating the will, and blessing the self-respect, constitute the greatest measure of oppression which can be inflicted upon thinking, responsible beings. Of such laws we complain. The progress which has been made in the last four years, in extending the right of citizens, indicates the direction in which our civilization is tending. To act in accordance with this tendency will be to meet the approval of the coming generations for it must be apparent to all that in a government instituted for the people, no class distinctions are to be permitted, but that the ballot, the symbol of self-government, is to become the common property of all. May we not hope then that in the proposed Constitution, as regards the rights of suffrage, no dis- tinction may be made on account of sex. Rebecca N. Hazard, Rose Tittman, Mrs. J. B. Henderson, Mrs. Geo. H. Rea, Mrs. Geo. D. Hall, In behalf of the Woman's Suffrage Association of Missouri. Pending the reading of the communication, Mr. Massey moved the further reading be dispensed with and referred to the Committee on Elections and Electors, which was agreed to. Mr. Switzler offered the following resolution: Resolved, That the Committee on Legislative Department inquire into the expediency of so amending the Constitution as to provide: 1. That the General Assembly shall convene biennially at the Capitol, remain in session not longer than sixty days, and that it have no authority to meet in extra or special session except when called to- gether by proclamation of the Governor. 2. That local or special legislation be interdicted and to this end the committee report a provision specifying in detail the subjects con- cerning which the General Assembly shall pass no laws. which was read and on motion referred to the Committee on Legislative Department. CONSTITUTIONAL CONVENTION, 1875 155 Mr. Lay offered the following resolution: 50] Resolved, 1. That in the judgment of this Convention it is expedient and proper that the deliberations of this body should be opened each morning by invoking the di\'ine blessing and aid in its labors. 2. That the Committee to whom was referred the question as to what ofificers are neeessarj' to transact the business of the Convention are instructed to arrange with the pastors of the several churches in the city of Jeflferson so as to secure the services of one or more of them in opening the deliberations of the Convention each morning by prayer. which was read. Mr. Massey moved to lay the resolution on the table. The ayes and noes being demanded, the motion to lay on the table was not agreed to by the following vote: AYES Allen Eitzen Hyer Pipkin Ross Bradfield Farris Johnston Priest of Polk Broadhead Gantt Letcher Pulitzer Spaunhorst Carleton Gottschalk Massey Ray Todd Edwards Halliburton McCabe Rider Watkins of St. Louis HolKday Mudd Mr. President 27 NOES Adams Crockett Hammond Maxey Switzler Alexander Davis Hardin Nickerson Taylor Black Dry den Lackland Norton of St. Lous Boone Dysart Lay Rippey Taylor Brockmeyer Edwards Mabrey Roberts of Jasper Chrisman of Iron McAfee Rucker Wallace Conway Fyan McKee Shanklin Wagner 34 Cottey . Hale ABSENT McKiUop Ross of Morgan 2 SICK Crews Mortell Shields 3 Mr. Gantt offered the following amendment: Amend by adding the following: Provided, That no claim be thereby created in favor of any one officiating as Chaplain to be paid out of the public treasury of the State or out of the contingent fund of the Con- vention. which was read. 156 JOURNAL OF THE MISSOURI Mr. McAfee moved to adjourn until tomorrow morning 51] at 9 o'clock, which was not agreed to. On motion of Mr. Spaunhorst the resolution and amend- ment was referred to the Committee on OfTicers. On motion of Mr. Gottschalk the Convention adjourned until tomorrow morning, 9 o'clock a. m. SATURDAY, MAY 8, 1875. MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. On motion of Mr. Conway the Reverend Mr. Prottsman opened the Convention with prayer. The journal of yesterday was being read when on motion of Mr. Hardin the further reading was dispensed with. Mr. Wallace offered the following resolution: Resolved, That an additional standing committee for this Con- vention be appointed by the President to be known as the Committee on Miscellaneous Provisions of the Constitution and which shall consist of seven members. which was read and adopted. Mr. Broadhead offered the following resolution: Resolved, That the Committee on Banks and Corporations be in- structed to inquire into the expediency of reporting provisions in the Constitution substantially as follows: 1. No corporation shall issue stock or bonds except for money paid, labor due, or property actually received. The stock and indebted- ness of corporations shall not be incurred except in pursuance of general law without the consent of the person holding the larger amount in 52] value of the stocks first obtained at a meeting called for that purpose. 2. The directors and managers of all corporations shall be held per- sonally liable for all debts created or contracted over and above the amount of capital stock actually paid in at the time of the creation of such indebtedness. 3. The exercise of the police power of the State shall never be abridged or so construed as to permit corporations to infringe the equal rights of individuals or the well-being of the State, and the General Assembly shall by appropriate legislation provide for a visitation, by competent authority, of all corporations not strictly of a public character CONSTITUTIONAL CONVENTION, 1875 157 and for forfeiting their charters on account of acts done in violation of public policy. which was read and on motion referred to the Committee on Banks and Corporations. The President announced that he had appointed Mr. V. M. Hobbs second assistant secretary of the Convention. Mr. Roberts offered the following resolution: Resolved, That the Committee on Revenue and Taxation be in- structed to inquire into the expediency of reporting an amendment to the Constitution substantially as follows: The Legislature shall have power to tax pedlers, auctioneers, brokers, bankers, merchants, com- mission merchants, showmen, jugglers, inn-keepers, liquor dealers, toll bridges, ferries, insurance, telegraph and express interests or business, venders of patents, persons on their incomes, distillers of spirits and per- sons or corporations owning or using franchises and privileges, in such manner as it shall from time to time direct by general law, uniform as to the class upon which it operates; and the Legislature shall also have power to provide such further revenue as may be needful, levying a tax by valuation so that all taxes shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax and so that every person and corporation shall pay a tax in proportion to his, her or its property, such value to be ascertained by some persons to be elected or appointed in such manner as the Legislature shall direct and not otherwise permissory. which was read and on motion referred to Committee on Revenue and Taxation. 53] Mr, Davis offered the following resolution: Resolved, That the Committee on Revenue and Taxation take into consideration the following change in the revenue system: 1. All taxes shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax and shall be levied and collected under general laws and in such a manner that every person and corporation shall pay a tax in proportion to the value of his, her or its property. 2. No property, real or personal, shall be exempt from taxation except such as may be used exclusively for public schools supported by taxation, public property used for public purposes, buildings and grounds used solely for religious worship to the amount in value of twenty-five hundred dollars and no more, places of burial not used for private or corporate profit, and institutions of purely public charity. 3. All laws exempting property from taxation, other than the prop- erty above enumerated shall be void. which was read and on motion referred to the Committee on Revenue and Taxation. 158 JOURNAL OF THE MISSOURI Mr. Crews ofTered the following resolution: Resolved, That whenever any person has been elected or appointed to any office under the Constitution or laws of this State, and by reason of death, removal from the State, disloyalty or other causes, such person fails to qualify or enter upon the discharge of the duties of his office, a vacancy shall be deemed to exist in said office, and the same shall be filled as in other cases of vacancy. which was read and on motion referred to the Committee on Judicial Department. Mr. Rider from the Committee on Additional Officers submitted the following report: Mr. President: Your Committee to which was referred the resolution upon the subject of a Chaplain for this Convention has had the same under consideration and instructed me to report the following: Resolved, That the reverend clergymen of this city are welcome to the Hall of this Convention to open the morning session with prayer, and that the Secretary of this Convention give notice through the morning papers of the adoption of this resolution; Provided, it be ex- pressly understood that no charge upon the public treasury shall issue from the adoption of the foregoing resolution. which was read. 54] Mr. Priest moved the report of the Committee be received, which was agreed to. Mr. Pulitzer moved the previous question, which was ordered. The question recurring upon the adoption of the resolu- tion recommended by the Committee on Officers, the ayes and noes being demanded, the resolution recommended by the Committee was adopted by the following vote: AYES Alexander Edwards Hyer Niekerson Ross Allen of St. Louis Johnston Pipkin of Polk Boone Farris of NodawayPriest Spaunhorst Bradfield Fyan Letcher Pulitzer Taylor Broadhead Gantt Mabrey Rider of St. Louis Brockmeyer Halliburton Massey Rippey Todd Carleton Hammond McAfee Ross Watkins Crews Hardin Maxey of Morgan Mr. President Davis Holliday Mudd 38 CONSTITUTIONAL CONVENTION, 1875 159 NOES Adams Crockett Lay Roberts Taylor Black Dryden McCabe Rucker of Jasper Chrisman Gottsehalk McKee Shanklin Wallace Conway Hale Ray Switzler Wagner 20 Cottey ABSENT Dysart Edwards of Iron Eitzen McKillop Norton Lackland 6 SICK MorteU Shields Mr. Pulitzer moved to reconsider the vote by which the resolution was adopted and to lay his motion to reconsider on the table, which was agreed to. Mr. McAfee offered the following resolution: 55] Resolved, That the Committee on Additional Officers and Employes be retained as one of the standing committees of the Conven- tion, and that all resolutions and propositions for additional clerical force, additional officers or employes, extra or additional pay, be referred to such committee without debate. which was read. Mr. Todd offered the following amendment: Amend by adding, "That the compensation for the services of all persons, appointed or engaged by the Convention, shall be determined at the time of their respective appointments, or engagements, unless already determined and that the same shall not be increased, or added to for any alleged cause whatever." which was read and agreed to. Mr. Pulitzer offered the following substitute for the resolution as amended: Amend by striking out all after the word "Resolved," and insert the following: "That the President of this Convention be authorized to employ, if found absolutely necessary, such additional assistance as in his judgment may seem proper; provided, that the compensation for the services of all persons appointed or engaged by the President of the Con- vention shall be determined at the time of their respective appointments or engagements, unless already determined, and that the same shall not be increased or added to for any alleged cause whatever." which was read and agreed to. The resolution as amended adopted. by the substitute was 160 JOURNAL OF THE MISSOURI Mr. Todd offered the following resolution: Resolved, That the Committee on Elections and Electors inquire into the expediency of reporting the following, as an amendment to the Con- stitution: It shall not be lawful for any person to vote or to be elected to any office, who shall not have paid a poll tax of at least one dollar during the year next preceding the time when he offers to vote, or be- comes a candidate for office. Such poll tax shall be appropriated for the support of the militia and common public schools, as shall be pro- vided for by law. which was read and on motion of Mr. McCabe referred to the Committee on Elections and Electors. Mr. Todd offered the following resolution: 56] Resolved, That the Committee on Legislative Department be requested to inquire into the expediency of reporting the following as an amendment to the Constitution: No office of any kind, or grade, ex- cepting judges of courts of record shall have a larger salary, compensa- tion or fees at any time during the time for which he was appointed or elected than were provided for, by law, at the commencement of such term. which was read, and on motion of Mr. Priest referred to the Comm.ittee on Legislative Department. Mr. McCabe offered the following resolution: Resolved, That the Committee on Preamble and Bill of Rights be instructed to inquire into the propriety of reporting an amendment or addition to the article now entitled "Declaration of Rights," substan- tially as follows: Private property shall not be taken or damaged for public use without just compensation, such compensation when not made by the State, shall be ascertained by a jury, as shall be prescribed by law. The fee of land taken by railroad tracks without the consent of the owners thereof shall remain in such owners subject to the use for which it is taken. which was read and on motion of Mr. Dryden referred to the Committee on Preamble and Bill of Rights. Mr. Lackland offered the following resolution: Resolved, That the Constitution be so amended as to provide that: Section After the first day of January, one thousand eight hundred and seventy-seven, every voter, if he shall not own taxable property to the amount of two hundred dollars, shall be assessed for all revenue purposes in the sum of two hundred dollars and he shall pay the annual taxes imposed by law on that sum for the year in which he offers to vote, if they shall be due and payable for that year, if not, then CONSTITUTIONAL CONVENTION, 1875 161 for the preceding year, before he shall be entitled to vote at any State, county, municipal or school election. which was read and on motion of Mr. Gottschalk referred to the Committee on Elections and Electors. Mr. Letcher from the Com.mittee on Revenue and Tax- ation submitted the following report: Mr. President: The Committee on Revenue and Taxation to which was referred the preamble and resolution offered by Mr. Mudd relating to the payment 57] of the bonded indebtedness of the State, having had the same under consideration, have instructed me to report the same back to the Con- vention with the recommendation that it be passed. which was read and on motion of Mr. Letcher received. Mr. Adams moved that the further consideration of the preamble and resolution relating to the payment of the bended indebtedness of the State be postponed, which was not agreed to. Mr. Norton offered the following substitute: Resolved, That it is the sense of this Convention that the provisions of an ordinance for the payment of State and railroad indebtedness adopt- ed April 8, 1865, be incorporated in the Constitution to be framed by this Convention. which was read. Leave of absence was granted to Mr. Taylor of Jasper for two days. On motion of Mr. Boone the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION The Convention met pursuant to adjournment, N. \V. Watkins, Vice-President in the chair. The Convention resumed the consideration of the resolu- tion reported by the Commattee on Revenue and Taxation. Mr. Norton by leave of the Convention withdrew his amendment offered in the morning session. Mr. Norton offered the following amendment to the resolution recommended by the Committee: 6 162 JOURNAL OF THE MISSOURI Amend by striking out all after the word "Resolved" and insert in lien thereof the following; "That it is the sense of the members of this Convention that we are representing the will of the people of the State of Missouri when we declare that the interest on the State debt, and the bonds shall be paid according to their tenor and that this convention will provide by proper provision in the proposed Constitution therefor." which was read. Mr. Bradfield offered the following amendment to the amendment: 68] Resolved, That the report of the Committee on Revenue and Taxa- tion and the amendments be recommitted to said Committee, and they be instructed to report to the Convention, a constitutional provision requiring the Legislature to pass such laws as will secure the prompt payment of the interest accruing on the debt of the State and the bonds of the State at maturity. which was read. Mr. Todd offered the following substitute for the resolu- tion and amendments: Whereas, the payment of the interest of the State indebtedness and of the indebtedness itself as they become due is as fully secured by an organic law as it is possible and has been entirely successful therefor. Therefore, Resolved, That as this Convention or the people can not make any stronger guaranty for such payments this Convention declines the attempt to adopt any new plans or guaranty therefor. which was read. Mr. Bradfield with the consent of the Convention with- drew his amendment. The question recurring on the substitute offered by Mr. Todd, it was not agreed to. The amendment offered by Mr. Norton was agreed to by the following vote: AYES Adams Conway Fyan Johnston Norton Alexander Cottey Gantt Lackland Pipkin Allen Crockett Gottschalk Letcher Priest Black Davis Hale Mabrey Ray Boone Dryden Halliburton McAfee Rider Bradfield Dysart Hammond McCabe Rippey Brockmeyer Edwards Hardin McKee Roberts Carleton of Iron Holliday Mortell Ross Chrism an Farris Hyer Nickerson of Morgan CONSTITUTIONAL CONVENTION, 1875 163 Ross Rucker Taylor Wallace Watkins of Polk Shanklin of St. Louis Wagner Mr. President Spaunhorst Todd 53 Shields Taylor of Jasper Broadhead Edwards of St. Louis Crews NOES ABSENT WITH LEAVE Eitzen Lay ABSENT Massey McKillop SICK Maxey Mudd Pulitzer Switzler 10 The resolution recommended by the Committee as amended was adopted. Mr. Johnston offered the following resolution: Resolved, That the Committee on Legislative Department take into consideration the propriety of incorporating into this report the follow- ing provision as a part of the proposed revised or amended Constitution 59] of this State to wit: That the House of Representatives shall consist of three times the number of members in the Senate and the term of office of Representa- tives shall be two years. Three Representatives shall be elected from each senatorial district at the general election in the year 1876, and every two years thereafter and at all elections for Representatives to the Legis- lature each elector may cast the votes for Representatives and may dis- tribute such three votes among the three members to be elected in his district or at his option may cast them all for one member or may cast equal parts of three votes among said members at his pleasure. which was read and referred to the Committee on Legis- lative Department. Mr. Cottey offered the following resolution: Resolved, That the Committee on Printing and Binding be in- structed to inquire and report to this Convention as early as practical whether the printing necessary for this Convention is or is not provided for under the Constitution and laws of this State and existing contracts. Secondly — If said Committee shall be of opinion that such printing as this Convention may require is not so provided for, that they report the best and most economical mode for printing the same and what printing it is desirable to provide for and upon what terms said printing can be done in this city. which was read and adopted. 164 JOURNAL OF THE MISSOURI Mr. Chrisman ofTered the following resolution: Resolved, That the Committee on Elections be requested to inquire into the expediency of so amending the Constitution as to provide as follows: The trial and determination of contested elections of elec- tors for President and Vice-President, members of the General Assembly'' and all public officers, whether State, judicial, municipal or local shall be by the courts or by one or more of the judges thereof. The General Assembly shall by general law designate the courts and judges by whom the several classes of election contests shall be tried and regulate the manner of trial and all matters incident thereto, but no such lav/ assign- ing jurisdiction or regulating its exercise shall apply to any contest arising out of an election held before its passage. which was read and on motion referred to the Committee on Elections and Electors. Mr. Wallace ofTered the follovving resolution: Resolved, That a special committee of three members be appointed by the President whose duty it shall be to inquire into the propriety of employing a competent reporter for the Convention and the terms on which such reporter can be employed and report to the Convention at an early day. 60] which was read and on motion the further consideration of the resolution was postponed until Monday morning. Mr. Gantt offered the following amendment to the rules of the Convention: 1. No member shall in debate refer to another except as the mem- ber from the county he represents. 2. No member when the ayes and noes are called shall give an ex- planation of his vote unless by unanimous consent of the Convention. which was read. Mr. Norton ofTered the following amendment: Amend by adding to the first rule, "except in counties having more than one delegate who may then be referred to by name." which was read and agreed to. Mr. Shanklin offered the following amendment: Amend first proposed rule by striking out the word "member" and inserting the word "gentleman." which was read and not agreed to. On motion of Mr. Gottschalk the rules as amended were referred to the Committee on Rules. On motion of Mr. Priest the Convention adjourned until Monday, 10 o'clock a. m. CONSTITUTIONAL CONVENTION, 1875 165 MONDAY, MAY 10, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. The journal of Friday was read and approved. The journal of Saturday was corrected and approved. Mr. Roberts stated that as the resolution offered by Mr. Norton was adopted in lieu of the resolution recommen- ded by the Committee on Revenue and Taxation he would ask leave of the Convention to change his vote from no to aye. Leave was granted and the Secretary authorized to make the change. Mr. Shackelford from the Seventh Senatorial District came forward, presented his credentials and was sworn in by Mr. Burch, notary public for Cole county. Mr. Brockmeyer moved that when the Convention ad- journs it adjourn until tomorrow, 9 o'clock a. m., which 61] v/as agreed to. Mr. Halliburton offered the following resolution: Resolved, That the Committee on Legislation be requested to inquire into the expediency of incorporating into the Constitution the follow- ing provisions: First. A provision prohibiting the Legislature from passing any law to pay by the State the war claims audited under the late act of the Legislature or that may hereafter be audited under said act or any sim- ilar act except from funds obtained from the United States for that pur- pose. Second. A provision prohibiting special legislation of the following cases: 1. Granting divorces. 2. Changing the names of persons or places. 3. Laying out, opening, altering and working roads or highways. 4. Vacating roads, town plats, streets, alleys and public grounds. 5. Locating or changing county seats. 6. Regulating county and township affairs. 7. Regulating the practice in courts of justice. 8. Regulating the jurisdiction and duties of justices of the peace, police magistrates and constables. 9. Providing for changes of venue in civil and criminal eases. 166 JOURNAL OF THE MISSOURI 10. Incorporating cities, towns or villages or changing or amending. 11. Providing for the election of members of the board of super- visors, other officers in townships, incorporated towns or cities. 12. Summoning and impaneling grand or petit juries. 13. Providing for the management of common schools. 14. Regulating the rate of interest on money. 15. The opening and conducting of any election or designating the place of voting. 16. The sale or mortgage of real estate belonging to minors or others under disability. 17. The protection of game or fish. 18. The chartering or licensing of ferries or toll bridges.* 19. Remitting fines, penalties or forfeitures. 20. Creating, increasing or decreasing fees, percentage or allowance of public officers. 21. Changing the law of descent. 22. Granting to any corporation, association or individual the right to lay down railroad tracks or amending existing charters for such purposes. 23. Granting to any corporation, association or individual any special or exclusive privilege, immunity or franchise whatever. 24. In all other cases where a general law can be made applicable no special law shall be enacted. 62] 25. No money shall be appropriated out of the treasury by any special act of the Legislature. Third. The General Assembly shall have no power to release or extinguish in whole or in part the indebtedness, liability or obligation of anjr corporation or individual to this State or any municipality therein. Fourth. That neither the State nor any county, township, city, town nor other municipal corporation shall ever pay, assume or become responsible for the debts or liabilities of, or in any manner give, loan or extend its credit to. or in aid of any public or other corporation, associa- tion or individual. Mr. Spaunhorst offered the following resolution: Resolved, That every proposition, memorial, petition or remon- strance presented to this Convention in writing shall have appropriate heading or title designating the subject matter to which same relates and that when such proposition, memorial, petition or remonstrance be referred to committee no entry except the heading or title and the subject to which the same relates shall be entered on the journal. All reports from committees shall be entered in full and spread on the journal. which was read. Mr. Hale moved to refer the resolution to the Commit- tee on Rules, which was not agreed to. Pending the discussion of the adoption of the resolution, CONSTITUTIONAL CONVENTION, 1875 167 on motion of Mr. Dysart the rules were suspended to allow the Committee on Printing and Binding to make a report. Mr. Norton from the Committee on Printing and Bind- ing submitted the following report: To the President of the Constitutional Convention: The Committee on Printing and Binding to which was referred the following resolution: Resolved, That the Committee on Printing and Binding be instruc- ted to inquire and report to this Convention as early as practicable whether the printing necessary for this Convention is or is not provided for under the Constitution and laws of this State and existing contracts. Secondly. If said committee shall be of opinion that such printing as this Convention may require is not provided for, that they report the best and most economical mode for printing the same and what printing it is desirable to provide for and upon what terms said printing can be done in this city. Respectfully report that under the provisions of a joint resolution of the General Assembly passed on the 20th day of March, 1874, a con- 63] tract was entered into between the State through the Commis- sioners of Public Printing, and Regan and Carter, under which the said Regan and Carter agreed to do the printing for the State upon the terms specified in said contract. The Committee in response to the resolution thus re- ferred would report that under said contract the printing of the State is provided for and would recommend the adop- tion of the following resolution: Resolved, That Messrs. Regan and Carter, under their contract with the State to do the public printing for the State, are entitled to the printing necessary for this Convention on the terms specified in their contract. A copy of said contract, containing a schedule of prices, is hereto annexed as part of this report with the addition to the word "additional" in the 8th line from the top of the second page of said contract the word "one hundred" before the word "page" and changing the word "page" to "pages," which change is agreed to by said Regan and Carter so as to make the same read "one hundred additional pages." which was read. Mr. Cottey moved that the report of the Committee be adopted, which was agreed to. The question recurring on the adoption of the resolu- tion recommended by the Committee, Mr. Rider moved that the Convention adjourn. Mr. Rider, at the request of the President, withdrew 168 JOURNAL OF THE MISSOURI his motion to adjourn for the purpose of allowing the Presi- dent to announce the following additional standing com- mittees: Committee on Revision — A. R. Taylor, A. Todd, N. A. Mortell, F. M. Black, L. J. Wagner, J. L. Farris, Thomas Shackelford, Jas. H. Maxey, E. McCabe, J. H. Shanklin, J. F. Rucker. Committee on Miscellaneous Provisions — H. C. Wal- lace, Thomas Shackelford, N. W. Watkins, J. H. Taylor, Geo. H. Shields, T. W. B. Crews, Wm. Chrisman. Pending the discussion of the resolution, Mr. Rider moved to adjourn, which was agreed to. In pursuance of Mr. Brockmeyer's m.otion*, the Presi- dent declared the Convention adjourned until tomorrow, 9 o'clock a. m.. TUEvSDAY, MAY 11, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. The journal of yesterday was read and approved. 64] Leave of absence was granted Messrs. Brock- meyer, Broadhead and Mudd on account of sickness. Leave of absence was granted Messrs. Taylor of St. Louis and Pulitzer. The Convention resumed the consideration of the resol- ution reported by the Committee on Printing and Binding pending at adjournment, and the resolution was adopted. Mr. Shields called up the resolution offered by Mr. Spaunhorst in relation to entering propositions, memorials petitions and remonstrances on the journal which was under discussion when the rules were suspended to allow Commit- tee on Printing and Binding to report, and offered the fol- lowing amendment: Amend by striking out all after the word "Resolved" and insert the following: "All resolutions, memorials, petitions and remonstrances *Thi8 was Mr. Rider's motion. CONSTITUTIONAL CONVENTION, 1875 169 shall be numbered consecutively by the Secretary when offered. If the same are referred to a committee and the report of the committee be adverse or if the report be favorable on the subject without change of language the same shall be referred to in the report by the number and name of the mover and shall not be entered in full on the journal a second time." which was read and agreed to. The resolution as amended was adopted. Mr. Shields moved to reconsider the vote by which the resolution was adopted and to lay his motion to reconsider on the table, which was agreed to. Mr. Conway offered the following resolution: Resolved, That the Committee on the Judiciary be directed to in- quire into the expediency of providing in the Constitution for a circuit attorney for each judicial circuit and report thereon to this Convention. which was read and on m.otion referred to the Committee on Judicial Department. Mr. Allen offered the follovving resolution: Resolved, That the Committee on the Judiciary examine into the question whether under the existing Constitution the jurisdiction of the circuit court of the State over railv/ay companies whose lines extend through more than one county or circuit is or can be made by the General Assembly sufficiently ample and certain to enable those courts to en- force their judgments and decrees with precision and effect and so that in the event of a sale of such lines it can be made at one place to be desig- nated by the courts and by one writ acting over and along the entire line, and if the Committee find such jurisdiction to be not ample and 65] certain for those purposes it report an amendment to the Consti- tution which will invest those courts with the necessary and proper jurisdiction and which will make such judgments and decrees liens upon the entire extent of such lines of raihvay. which was read and on motion referred to the Committee on Judicial Department. Mr. Priest offered the following resolution: Resolved, That all corporations in the State of Missouri shall have an office in the State and a book shall be kept, containing a full and com- plete record of the names and places of residence of ail the directors and other officers belonging to said corporations, for the inspection of any person, and a majoritj' of the directors of such corporations shall be resi- dent citizens of the State. which was read and referred to Committee on Banks and Corporations. 170 JOURNAL OF THE MISSOURI Mr. Wagner offered the following resolution: Resolved, That the Committee on Legislative Department inquire into the expediency of so amending the Constitution as to provide: That no amendment to bills by one house shall be concurred in by the other except by the vote of a majority of all the members elected thereto taken by yeas and nays and the names of those voting for and against recorded upon the journals thereof, and reports of committees of conference shall be adopted in either house only by the vote of a majority of the members elected thereto taken by yeas and nays and the names of those voting for and against recorded upon the journal. which was read and on motion referred to the Committee on Legislative Department. Mr. Llardin offered the following resolution: Resolved, That the Committee on Legislative Department is hereby instructed to inquire into the expediency of reporting to this Convention for its consideration a section in the Constitution which shall provide substantially: That members of the General Assembly before entering upon their official duties shall take and subsei'ibe an oath or affirmation to support the Constitution of the United States and the Constitution of the State of Missouri, and to faithfully discharge the duties devolving upon them, as members of such General Assembly. That they have not knowingly or intentionally paid or contributed anything or made any promise in the nature of a bribe, to influence any vote at the election at which they were chosen to fill said offices. That they have not accepted and will not accept or receive directly or indirectly any money or other valuable thing from any person, corporation or company on account of any influence or vote they may give or Avithhold on any bill resulting as an appropriation or for any other official act. That any member re- fusing to take such oath or affirmation shall forfeit his office and be dis- qualified thereafter from holding any office of profit or trust in this 66] State. Such oath to be administered by a judge of the Supreme or circuit court and when subscribed recorded in the office of Secretary of State. which was read and on motion referred to the Com.mittee on Legislative Department. Mr. Hammond offered the following resolution: Resolved, That the Committee on Judicial Department be instructed to inquire into the expediency of so amending the Constitution as to pro- vide that all electionsfor judges of the Supreme Court, circuit courts and such other courts of civil and criminal jurisdiction as may be established shall be held in a different year from the year in which the general elec- tions are held. which was read and on motion of Mr. McCabe referred to the Committee on Judicial Department. CONSTITUTIONAL CONVENTION, 1875 171 Mr. Switzler offered the following resolution: Resolved, That the Committee on Boundaries inquire into the pro- priety of simply ratifying the present boundaries of the State as es- tablished by law instead of setting them out by meets and bounds in the Article on Boundaries. which was read and on motion of A'Ir. Adams referred to the Committee on Boundaries and Political Subdivisions of the State. Mr. Nickerson offered the following resolution: Resolved, That the Committee on Judiciary be instructed to inquire into the expediency of inserting a provision in the Constitution substan- tially as follows: In all counties containing a population of twenty thousand inhabitants separate terms of the circuit court shall be held for the trial of criminal cases. which was read and on motion referred to the Committee on Judicial Department. Mr. Rider offered the following resolution: Resolved, That the Committee on the Executive be instructed to in- quire into the expediency of so amending the Constitution of this State by constituting a committee composed of the Register of Lands, Auditor and Attorney-General so as to limit the pardoning power of the Gover- nor of the State. which was read and on motion referred to the Committee on Executive and Ministerial Department of the State Gov- ernment. Mr. Lackland offered the following resolution: Amendment to the Constitution to prevent a division of the school funds among the different religious denominations: 67] Resolved, That the Committee on Education be instructed to inquire into the expediency of so amending the Constitution as to forever prohibit the General Assembly from enacting any law for the purpose of dividing up or parcelling out the school funds or any money raised for school purposes among the different religious denominations, creeds, sects or churches of this State to be used by such religious denominations, creeds, sects, or churches for educational purposes. which was read and on motion referred to the Committee on Education. Mr. Massey offered the following propositions: 1. The Constitution should provide that no law should be enacted that on its face and in express terms declares its duration to be for twenty 172 JOURNAL OF THE MISSOURI years or forty years or any other specifio time, but all laws of every kind should be at all times subject to the law-making power in all its pro- visions. 2. The law making power should be prohibited from authorizing any political or municipal body, real or fictitious, from becoming the creditors of any association of any character by a bonded indebtedness or any other way. 3. The Legislative Department of government should be required by expressed constitutional provisions to confine itself strictly to enacting laws and should be prohibited from delegating that power. 4. All laws in or by their powers should be co-extensive with the State. 5. 6. Railroads should be declared public highways and public car- riers. The rate of fare and freights may be regulated by legislative pro- visions. Discrimination as to freight should be prohibited. The prop- erty of all roads should be subject to a like tax as to other property whether it may be personal or real. 7. General laws shall be passed providing for the incorporation of cities, granting full and ample authority to enact all ordinances their councils may deem proper and necessary, of course not contrary to any of the i>rovisions of the State Constitution. 8. Towns of a specified population may be incorporated under gen- eral laws but the power of such to borrow money or to contract debts is to be absolutely prohibited. 9. The use of public money by any one in any way not authorized by law shall be prohibited by law, if such shall be done by an official he shall be disqualified ever after to hold any office and shall also forfeit the position he may at the time be holding. 10. The casting of a vote unauthorized by the laAV regulating the right to vote shall disqualify the party ever after from voting provided the same shall be proven according to law. 11. All elections for judges, county court judges and justices in- cluded, shall be held at a time different from all other elections. Election for all county officers shall be held at a time different from all other elec- 68] tions. Election for Governor and Lieutenant-Governor, all the State officers and members of the Legislature shall be held at a time dif- ferent from all other elections and at such times in each case as maybe appointed by law and at all elections the votes shall be east viva voce. 12. The General Assembly shall be vested with full and complete authority to levy the taxes required to carry on the State Government in all its departments and no other power or authority shall exercise any power or authority of this kind. Cities and incorporated towns may be authorized to levy taxes to defray the necessary expenses of such munici- pality by general law and the rate per cent shall be prescribed by the General Assembl3^ All persons, co-partnership and corporate compa- nies shall pay taxes in proportion to the value of his, her, their or its prop- erty, such valuation to be ascertained by general laws and not otherwise. CONSTITUTIONAL CONVENTION, 1875 173 13. Public schools, asylums for the insane, institutions for the benefit of the deaf, dumb or blind are to be considered as public charities and so far as any or each shall become a charge upon the body of the State, said charge shall be provided for by State taxation and no other. Said taxation shall be in conformity with the system of raising revenue generall3^ except in so far as free or district schools are concerned. A per capita tax shall be levied on all male persons between the ages of 21 and 45 years of age. 14. It shall be the duty of each General Assembly to make and publish with the journals a statement of estimates of the amounts re- quired for the ensuing two years of all charges upon the' public treasury, also statements of the amounts in money of property made taxable and also all other sources of revenue. 15. The State shall never be made responsible for the debts or liabilities of any county, corporation, association or individual; nor shall it in any manner give, loan or extend its credit in any way to such for any purpose; neither shall any county, municipality, township or school district ever incur any interest bearing indebtedness of any char- acter nor shall any incorporated town do this nor any city except by a vote of two-thirds of its legally qualified voters at an election to be held for this purpose solel3^ 16. The General Assembly shall receive for their services such per diem and mileage as may from time to time be agreed on and authorized by law, but touching what is known as contingencies or incidentals of members of the Legislature they shall never exceed the sum of thirty 69] dollars per session which shall be in full for postage, stationery and all these incidental expenses and perquisites and this amount shall be paid to each member aud managed and con1 rolled each for himself. The per diem of members shall not be increased to takeeffect during the term for which they maj' have been elected. 17. The General Assembly shall fix and determine the salaries of all State officers. The fees allowed by law to any State officer shall be by said officer paid into the State treasury. The number and pay of all employes of the State officers shall be fixed by law. 18. State taxes for any one year shall never exceed one-half of one per cent. Counties shall be authorized to leA^y only the same per cent, but a greater amount may be levied both on the part of the State and the counties when necessary to liquidate indebtedness existing before the adoption of this Constitution. 19. Any official of any of the State departments or any member of the General Assembly who shall accept any gift or gratuity of any kind from any corporation, association or combination of any character shall be deemed guilty of a misdemeanor and shall be punished therefor both by fine and imprisonment and shall forfeit his official position, and the Legis- lature shall at its first session after the adoption of this Constitution pass laws to enforce this provision. which was read and on motion referred to the committees as follows: 174 JOURNAL OF THE MISSOURI First proposition to the Committee on Legislative Department. Second proposition to the Committee on Legislative Department. Third proposition to the committee on Legislative Department. Fourth proposition to the Committee on Legislative Department. Sixth proposition to the Committee on Banks and Corporations. Seventh proposition to the Committee on Banks and Corporations. Eighth proposition to the Committee on Banks and Corporations. Ninth proposition to the Committee on Legislative Department. Tenth proposition to the Committee on Legislative Department. Eleventh proposition to the Committee on Elections and Electors. Twelfth proposition to the Committee on Revenue and Taxation. Thirteenth proposition to the Committee on Miscellaneous Pro- visions. Fourteenth proposition to the Committee on Revenue and Taxation. Fifteenth proposition to the Committee on Miscellaneous Provisions. Sixteenth proposition to the Committee on Legislative Department. Seventeenth proposition to the Committee on Legislative Depart- ment. Eighteenth proposition to the Committee on Revenue and Taxation. Nineteenth proposition to the Committee on Miscellaneous Pro- visions. Mr. Boone offered the following resolution: Resolved, That the Committee on the Bill of Rights is instrtucted 70] to inqixire into the expediency of an amendment to the Constitu- tion providing for proceedings against persons accused of crime by in- formation instead of indictment. which was read and on motion referred to the Committee on Preamble and Bill of Rights. Mr. Pipkin offered the following resolution: Resolved, That the Committee on Judicial Department be requested to inquire into the expediency of making such provisions in the Consti- tution as will make the term of the office of judges of the Supreme and circuit court for life or good behavior and that the same shall be appointed by the Governor and confirmed by the Senate. which was read and on motion referred to the Committee on Judicial Department. Mr. Rippey offered the following resolution: Resolved, That the Committee on Judiciary Department be instruct- ed to inquire into the expediency of amending our Constitution in sub- stance as follows: No divorce dissolving the marriage contract shall be granted except for dissolving for five years cruelty where the husband is worthless and cannot be compelled to support each separately, and for adultery, and then it shall not be lawful for the party on account of whose adultery a divorce shall have been decreed to marry again during the CONSTITUTIONAL CONVENTION, 1875 175 life of the husband or wife in whose behalf such decree shall have been rendered. which was read and on motion referred to the Committee on Judicial Department. Mr. Carleton offered the following resolution in relation to qualification of voters and witnesses: Resolved, That the Committee on Preamble and Bill of Rights take into consideration the expediency of incorporating into the Bill of Rights the following: No religious test or amount of property shall ever be re- quired as a qualification for any officer of public trust under the laws of this State. No religious test or amount of property shall ever be re- quired as a qualification for any voter at any election in this State, nor shall any person be rendered incompetent to give evidence in any court of law or equity in consequence of his opinion upon the subject of religion, and the mode of ^administering an oath or affirmation shall be such as shall be most consistent with and binding upon the conscience of the person to whom the oath or affirmation may be administered. 71] which was read and on motion referred to the Committee on Preamble and Bill or Rights. Mr. Todd offered the following resolution relative to the Powers of the General Assembly: Resolved, That the Committee on Legislation be instructed to in- quire into the expediency of reporting the following as an amendment to the Constitution: The powers of the General Assembly shall be only such as are granted to it by this Convention. which was read and on m^otion referred to the Committee on Legislative Department. Mr. Todd offered the following resolution relative to crimes, criminal practice, jurors and juries: Resolved, That the Committee on Legislative Department be in- structed to inquire into the expediency of reporting as amendments to the Constitution the following: Indictments and information for crimes and misdemeanors and their trials may be found and had in counties other than those in which they were committed. The State may have a change of venue in crim- inal cases for causes to be provided for by law. The laws should only define crimes. The jury trying any case of alleged crime should have the right to find its grade and measure of punishment. No person should serve as a juror in any case who cannot read and write the English language and speak it ordinarily well. It shall not be a lawful objection to a person for a juror in a criminal case that he has heard or read of the case to be tried or has an opinion relative to it formed upon such in- formation, provided he will swear or affirm that he did not believe that 176 JOURNAL OF THE MISSOURI such information or opinion would prevent his rendering a fair and im- partial verdict in the case according to the law and evidence under which the case should be submitted to the jury for which he is proposed. The General Assembly shall provide by law for the finding of verdicts in civil and criminal cases with less than unanimity of the jury and with juries of less number than twelve. , which was read and on motion referred to the Committee on Legislative Department. Mr. Shields olTered the following resolution: Resolved, That the Committee on Legislative Department be in- structed to inquire into the propriety of changing the Constitution so as to provide for biennial sessions of the General Assembly and prohibiting adjourned sessions and also to fi.\ the annual salary for the members as compensation instead of per diem and mileage as now provided. 72] which was read and on motion referred to the Commit- tee on Legislative Department. Mr. Shields offered the following resolution: WAR CLAIMS, WHEN TO BE PAID Resolved, That the following provisions shall be incorporated in the proposed Constitution: Section . The General Assembly shall make no appropria- tion or pay any claim for services or supplies or any other thing growing out of the war and known as "War Claims" until the United States Gov- ernment shall have allowed such claims and paid the money therefor into the treasury of the state. which was read and on motion referred to the Committee on Miscellaneous Provisions. Mr. Spaunhorst offered the following resolution: Resolved, That one hundred copies of all propositions amending the Constitution be ordered printed upon being read and referred, and that the adoption of this resolution shall apply to all such propositions now in possession of the Secretary. which was read. Mr. Shields offered the following amendment: Amend by striking out all after the word "Resolved" and insert "all resolutions and matters when reported favorably by the standing committees shall be printed for the use of the Convention and in all such cases not more than one hundred copies shall be printed unless otherwise ordered by the Convention." which was read. CONSTITUTIONAL CONVENTION, 1875 177 Mr. Sbanklin moved to lay the resolution on the table, upon which Mr. Halliburton demanded the ayes and noes. The motion to lay on the table was not agreed to by the following vote: AYES Allen Dysart Lay Norton Shackelford Black Edwards Letcher Pipkin Shanklin Boone of Iron Massey Ray Wagner Bradfield Eitzen Maxey Roberts Wat kins Carleton Farris McAfee Ross Mr. President Cottey Gantt McKee of Morgan 29 Crews Hale NOES Alexander Edwards Holliday Nickerson Shields Chrisman of St. Louis Hyer Priest Spaunhorst Conway- Fyan Johnston Rider Switzler Crockett Gottschalk Lackland Rippey Taylor Davis Halliburton Mabrey Ross of Jasper Dryden Hammond McCabe of Polk Todd Hardin Mortell SICK Rueker Wallace 31 73] Broadhead Brockmeyer Mudd ABSENT 3 Adams McKillop 2 ABSENT WITH LEAVE Pulitzer Taylor of St. Louis 2 The question recurring on agreeing to the amendment offered by Mr. Shields, the amend mxcnt was agreed to. The question recurring on the adoption of the resolu- tion as amended, Mr. Letcher demanded the ayes and noes. The resolution as amended was adopted by the following vote: AYES Allen Crockett Fyan Mabrey Priest Alexander Dryden Gantt Maxey Rider Black Edwards Gottschalk McCabe Rippey Carleton of Iron Hardin Mortell Roberts Chrisman Edwards Hyer Nickerson Ross Conway of St. Louis Johnston Norton of Pol]< 178 JOURNAL OF THE MISSOURI Rueker Shields Taylor Todd Watkins 34 Shackelford Switzler of Jasper NOES Boone Eitzen Lackland Pipkin Spaunhorst Bradfleld Farris Lay Ray Wagner Cottey Hale Letcher Ross Wallace Crews Halliburton Massey of Morgan Mr. President Davis Hammond McAfee Shanklin 26 Dysart Holliday McKee SICK Broadhead Brockmeyer Mudd 3 ABSENT WITH LEAVE Pulitzer Taylor of St. Louis 2 ABSENT Adams McKillop 2 Mr. Rider offered the following amendment to the rules of the Convention: Resolved, That until further ordered the regular sessions of this Con- vention shall be from nine o'clock a. m. to 12 o'clock m. which was read. Mr. Spaunhorst offered the following amendment: Amend by striking out "12 o'clock m." which was read and accepted. Mr. Boone moved to lay the resolution on the table, which was agreed to. Mr. Edwards of St. Louis offered the following resolu- tion: Resolved, That the Committee on Printing be requested to have printed one hundred copies containing a full list of all standing commit- tees and the names of the members of each of said committees for the use of the Convention. which was read and adopted. Mr. Gottschalk offered the following resolution: Resolved, That the following proposition be inserted into the Con- stitution: That no charter or any law granting privileges or rights to any person or body corporate shall be deemed to be constructed as a CONSTITUTIONAL CONVENTION, 1875 179 contract between the State and such person or body corporate but that such charter or any such law shall be deemed to be and be construed as a franchise or privilege granted by the State and subject to amendment, 74] alteration or appeal by the State. which was read and on motion referred to the Committee on Banks and Corporations. Mr. Dryden offered the following resolution: Resolved, That the Committee on Revenue and Taxation are hereby instructed to inquire into the expediency of incorporating into the Con- stitution a provision in substance as follows: The right of redemption from all sales of real estate for the nonpayment of taxes or special assess- ments of any character whatever shall exist in favor of owners and per- sons interested in such real estate for a period of not less than two years from such sales thereof, and the General Assembly shall provide by law for reasonable notice to be given to owners or persons interested in such real estate by publication or otherwise of the fact of such sale and when the time of such redemption shall expire, provided that occupants shall in all eases before have personal notice of the time when such redemption expires. which was read and on motion referred to the Committee on Revenue and Taxation. Mr. Conway offered the following resolution: Resolved, That the reverend clergymen resident in this city be and they are hereby respectfully invited to open the morning session of this Convention with prayer and that said clergymen are requested to arrange among themselves the order in which they may comply with this invi- tation, provided, that this request is understood as in no way or degree pledging this Convention to compensate such clergymen for such services. Resolved, That the Secretary bo directed to give notice of this re- quest in the morning papers of this city. which was read and on motion of Mr. Priest adopted. Mr. McAfee offered the following resolution: Resolved, That on and after Saturday next it shall not be in order to offer for reference any resolution or proposition for changing or amend- ing the Constitution or for purpose of inquiring into the expediency of making such changes or amendments. But that on and after that date members may hand to the chairmen of committees their individual sug- gestions which shall be laid before and considered by such committee with like effect as if introduced and referred. Provided, that this resolu- tion shall not be construed to apply to or in any way effect proceedings in Committee of the Whole. which was read and not adopted. 180 JOURNAL OF THE MISSOURI Mr. Halliburton offered the following resolution: Resolved, That the Committee on Representation be and it is hereby 75] requested to inquire into the expediency and propriety of incorpor- ating the following provision in the Constitution as the basis of repre- sentation in the lower branch of the General Assembly: The House of Representatives shall consist of members to be chosen every second year by the qualified electors of the several counties ap- portioned in the following manner, to wit: The ratio of Representation shall be ascertained by each apportioning session of the Legislature by dividing the whole number of permanent inhabitants of the State by the number of two hundred. Each county having said ratio or less shall be entitled to one Representative, each county having two and one-half times said ratio shall be entitled to two Representatives, each county having five times said ration shall be entitled to three Repre- sentatives, each county having six times said ratio shall be entitled to four Representatives and so on above that number, giving one additional member for every three additional ratios. When any county shall be entitled to more than one Representative the county court shall cause such county to be subdivided into as many compact and convenient dis- tricts as such county may be entitled to Representatives, which districts shall be as near as may be of equal population and the qualified voters of each of such districts shall elect one Representative who shall be a resident of such district. which was read, rules suspended, considered, read the second time and referred to the Committee on Representation, Representative and Senatorial Districts. Mr. Hale offered the following resolution: Resolved, That it is the sense of this Convention that each county in this State with a population of five thousand and upwards is and shall be entitled to at least one Representative in the most numerous branch of the General Assembly, the population to be ascertained by an enumera- tion of the inhabitants to be made under authority of the State, and that the Committee on Representation and Legislative Districts be and is hereby instructed to report a provision to be inserted in the Consti- tution to that effect and for carrying said provision into effect by appro- priate legislation. Provided, that the reference of this resolution is not to be considered as the adoption by the Convention of the principles stated in said resolution. which was read and on motion the Convention referred it to the Commiittee on Representation, Representative and Senatorial Districts. Mr. Mortell offered the following amendment to the rules of the Convention: CONSTITUTIONAL CONVENTION, 1875 181 Resolved, That so much of rule eighteen requiring members to read propositions from their desks be and is hereby rescinded. which was read and laid over under the rules. Mr. Johnston of Nodaway offered the following resolu- tion: Resolved, That the Committee on Boundaries and Political Subdi- visions be instructed to take into consideration the propriety of incor- 76] porating in their report the following provisions, to wit: That no county in this State shall for the purpose of creating a new county be re- duced in its territorial limits to less then five hundred square miles nor shall a county be divided for the purpose of creating a new county so that the boundary line thereof shall pass within less than ten miles of the county seat of the county so divided nor shall any new county be created or organized in this State out of territory taken from other counties of less territorial limits than four hundred square miles nor having less pop- ulation at the time of its organization than eight thousand inhabitants. which was read and on motion referred to the Committee on Boundaries and Political Subdivisions. Mr. Maxey offered the following resolution: Resolved, That the Committee on Representation, Representative and Senatorial Districts be requested to inquire into the expediency of adopting in substance the first, second, third, fourth, fifth and sixth Sec- tions of Article IV of the present Constitution of this State and partic- ularly that portion of Section two that entitles each county in this State to at least one Representative. which was read and on motion referred to the Committee on Representation, Representative and Senatorial Districts. Mr. Wallace offered the following resolution: Resolved. That the Committee on Miscellaneous Provisions of the Constitution be requested to consider the expediency of reporting amend- ments to the Constitution which shall prohibit the State or any county, township, city, town or other municipal corporation from loaning their credit to and from subscribing for or taking any stock in and from making any donations to any railroad company or association or to any private corporation whatever. which was read and on motion referred to the Committee on Miscellaneous Provisions of the Constitution. Mr. Dysart offered the following resolution: Resolved, That the Committee on Representation, Representative and Senatorial Districts be instructed to consider the propriety of in- corporating into the Constitution provisions limiting the number of Senators in the General Assembly to twenty and the number of Repre- 182 JOURNAL OF THE MISSOURI sentatives to sixty, also to consider the propriety of dividing the State electoral districts with a view to such representation. which was read and on motion referred to the Committee on Representation, Representative and Senatorial Districts. On motion of Mr. Priest the Convention adjourned until tomorrow, 9 o'clock a. m. 77] WEDNESDAY, MAY 12, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. Prayer by the reverend Mr. Keady. The journal of yesterday was read and approved. Mr. Pulitzer offered the following resolution: Resolved, That the regular standing committee consisting of nine members to be called "Committee on Federal Relations" be appointed by the President to take into most careful consideration the relations of the State with the Federal Government and all propositions exclusively concerning the same. which Vv^as read. Mr. McAfee offered the following amendment: Amend by striking out "nine" and insert "one from each congres- sional district." which was read and agreed to. The resolution as amended was adopted. Mr. Switzler from the Committee on Shorthand Re- porter submitted the following report: The Committee to which was referred the proposition of Walbridge, Holland and Brown, shorthand reporters, to report the proceedings and debates of the Convention, unanimously instruct me to say to the Con- vention they have carefully considered the same and are in favor of its adoption. The proposition of Walbridge, Holland and Brown is as follows: Gentlemen of the Convention: We propose to make a verbatim report of the proceedings of the Con- vention on the following terms: For taking the shorthand notes of the proceedings, ten dollars per daj' . For transcribing the shorthand notes CONSTITUTIONAL CONVENTION, 1875 183 and preparing the same for publication, twenty cents per hundred words or thirty cents per legalcap page. A full report of each day's proceed- ings will average two hundred legalcap pages. Estimating the session at fifty days this would make ten thousand legalcap pages so that the cost of the transcript would not be far from $3,000. Should it be deemed advisable we can defer writing out the shorthand notes except such por- tions as may be important for immediate publication in the newspapers until the Constitution shall have been submitted to a vote of the people. In case of its adoption we can then transcribe the notes in full for publica- tion in book form. Should such action be considered desirable, the ex- pense of reporting would be but ten dollars per day, provided the notes were not written over for publication. Respectfully, Walbridge, Holland and Brown.' 78] Two distinct propositions are made in this communication, one to take in shorthand notes a verbatim report of the proceedings and debates of the Convention. The other when required in whole or in part for publication in newspapers or in book form to transcribe them in fairly written legible printer's copy at twenty cents per hundred words or thirty cents per legalcap page. It is also agreed and understood be- tween the Committee and the reporters that if any portion of the pro- ceedings and debates are transcribed by them previous to the oflScial publication for publication in any newspaper, no charge is to be made against the State under this contract for furnishing a transcript of the portions thus prepared. Also, that no responses from any of the de- partments of the State Government or from other sources to resolutions of inquiry of the CouA-ention, letters, petitions, memorials or remon- strances or other matter, copies of which are printed by order of the Con- vention, shall be included in the charge of the reporters for transcript. As none of these need be reported in shorthand, copies of them if published shall be furnished by them without charge. The Committee unani- mously recommend the adoption of the following resolution: Resolved, That the proposition of Walbridge, Holland and Brown, shorthand reporters, as set forth and explained in this report to take in shorthand, verbatim reports of the proceedings and debates of the Con- vention and to transcribe them when ordered to be printed by this body or by the Legislature, be and the same are hereby accepted. Gentlemen of the Convention: We propose to make a verbatim report of the proceedings of the Convention on the following terms: For taking the shorthand notes of the proceedings, ten dollars per day. For transcribing the shorthand notes and preparing the same for publication twenty cents per one hun- dred words or thirty cents per legalcap page. A full report of each day's proceedings will average two hundred legalcap pages. Estimating the session at fifty days this would make ten thousand legalcap pages so that the cost of the transcript would not be far from S3, 000. 00. Should it be deemed advisable we can defer writing out the shorthand notes ex- 184 JOURNAL OF THE MISSOURI cept such portions as may be important for immediate publication in the newspapers until the Constitution shall have been submitted to a vote of the people. In case of its adoption we can then transcribe the notes in full for publication in book form should such action be eon- 79] sidered desirable. The expense of reporting would be but ten dol- lars per day provided the notes are not written out for publication. Respectfully, Walbridge, Holland and Brown, which was read. The question being upon the adoption of the report, Messrs. Massey and Hyer demanded the ayes and noes. Mr. Wagner moved the previous question, which mo- tion was sustained. The resolution was adopted by the following vote: Adams Crockett Hale Nickerson Shackelford Allen Davis Halliburton Norton Shanklin Alexander Dysart Hammond Pipkin Shields Black Edwards Hardin Pulitzer Switzler Boone of Iron Johnston Rider Taylor Bradfield Edwards Lay Rippey of Jasper Brockmeyer of St. Louis Letcher Roberts Todd Carleton Eitzen Maxey Ross Wagner Chrisman Farris McAfee of Morgan Wallace Conway Fyan McCabe Ross Watkins Cottey Gantt McKee of Polk Mr. President Crews Gottschalk Mortell NOES Rucker 54 Holliday Lackland Massey Priest Spaunhorst 6 Hyer ABSENT Broadhead Mabrey McKillop Ray 4 ABSENT WITH LEAVE Dryden Mudd Taylor of St. Louis 3 Mr. Switzler moved to reconsider that vote by which the resolution passed and to lay his motion to reconsider on the table, which was agreed to. Mr. Edwards of St. Louis offered the following resolu- tion: Resolved, That a committee be added to the standing committees of the Convention to be known as the Committee of the St. Louis Delega- CONSTITUTIONAL CONVENTION, 1875 185 tion to consist of the members from St. Louis county whose duties it shall be to take into consideration what if any special provisions are nec- essary in the organic law to secure the interest of local government in the city and county of St. Louis. which was read. Mr. Letcher asked leave of absence for Mr. Dryden, which was granted. Mr. Shields offered the following amendment to the resolution offered by Mr. Edwards of St. Louis: Resolved, That there be added to the standing committees a com- mittee composed of the St. Louis members v/hieh shall elect its own chair- man and be known as the Committee on St. Louis Affairs which shall take into consideration all matters that may be introduced into this Conven- tion which have specific reference to the organization and government of the county and city of St. Louis and none other. which was read and agreed to. 80] The question then recurring upon the adoption of the original resolution as amended, the same was adopted. Mr. Boone offered the following resolution: Resolved, That the Committee on Judiciary is instructed to inquire into the expediency of amendments to the Constitution substantially as follows: 1. The judicial powers of the State shall bo vested in a Supreme Court, in circuit courts and such inferior tribunals as the General Assem- bly may from time to time establish. 2. The Supreme Court shall consist of three judges any two of whom shall be a quorum and the said judges shall be conservators of the peace throughout the State. 3. The Supreme Court, except in eases otherwise directed by this Constitution, shall have appellate jurisdiction in civil actions only when the amount in controversy exceeds the sum of five hundred dollars. 4. The Governor shall nominate and by and with the advice and consent of the Senate appoint the judges of the Supreme and circuit courts each of whom shall hold his office during good behavior, provided, no such judge shall be competent to fill such office who has not attained to the age of thirty-five or who is above the age of seventy-five. which was read and referred to Committee on Judicial De- partm.ent. Mr. Boone offered the following resolution: Resolved, That the Committee on Education is instructed to inquire into the expediency of so amending the Constitution as to require: 1. That in case the public school fund shall be insufficient to sustain a free school four months in every j'ear in each school district in this 186 JOURNAL OF THE MISSOURI state, the General Assembly shall provide by law for raising of such de- ficiency by levying a State tax on all taxable property in this State. 2. The General Assembly shall have power to require by law that every child of sufficient mental and physical ability shall attend the pub- lic schools during the period between the ages of eight and sixteen years at least three months during each year unless educated by other means. 3. That the public school fund shall be invested in the bonds of this State. which was read and referred to the Committee on Education. Mr. Todd offered the following resolution: Resolved, That the Committee on Education be instructed to in- 81] quire into the expediency of reporting the following as amendments to the Constitution: All monej's for educational purposes shall be exclusively devoted to the support of free public schools and the State University with its present departments. That the only knowledge that shall be taught in the pub- lic schools at the expense of the State shall be that of reading, writing and spelling the English language; of grammar, arithmetic, geography and the history of the United States; that for exercises in and of reading such books should be used, so far as obtainable and under the selection of the Board of Education, as will, in the simplest and most attractive manner, teach the habits of health and thrift. That all persons instructed in teaching in the State University shall be obliged when they leave the University to teach in some of the public schools when and where the Superintendent of Public Schools shall direct, for at least two public school years at the usual salary for such services. That the General Assembly shall enforce the foregoing propositions by appropriate legislation. which was read and on motion referred to the Committee on Education. Mr. Carleton offered the following resolution: ELECTION OF STATE, COUNTY AND TOWNSHIP OFFICERS Resolved, That the Committee on Elections take into consideration the expediency of incorporating into the Constitution a provision sub- stantially and in effect as follows: All elections for State officers, judges of the circuit court and probate courts, all county officers made elective by the laws of the State, circuit and px'osecuting attorney, justice of the peace, constable and all other township officers, shall be hgld on the same day throughout the State and that all such elections shall be by ballot and continue for one day only. which was read and on motion referred to the Committee on Elections and Electors. Mr. Davis offered the following resolution: CONSTITUTIONAL CONVENTION, 1875 187 Resolved, That the Committee on Education take into consideration the expediency of reporting the following amendments: 1. The General Assembly shall provide for the maintenance and support of a thorough and efficient system of public schools wherein all the children of the State above the age of six years may be educated. 2. No money raised for the support of the public schools of the State shall be appropriated to or used for the support of any sectarian school or any school not supported by taxation. 3. The General Assembly shall provide for the efficient mainte- 82] nance of the normal schools of this State and to this end shall make ample appropriations for their support, which appropriations shall be annually divided among said schools fairly and impartially. which was read and on motion referred to the Committee on Education. Mr. Nickerson offered the following resolution: TO SEPARATE THE TRIAL OF CRIMINAL FROM CIVIL CASES Resolved, That the Committee on Judiciary be instructed to in- quire into the expediency of inserting a provision in the Constitution substantially as follows: In all counties containing a population of 20,000 inhabitants separate terms of circuit court shall be held for the trial of criminal cases. which was read and on motion referred to the Committee on Boundaries and Political Subdivisions. Mr. Cottey offered the following resolution: Resolved, That the Committee on Printing and Binding be instructed to inquire into the propriety of having the shorthand reports of Messrs. Walbridge, Holland and Brown, written out and published daily in a manner suitable to be bound in book form and that each member be furnished each day with number of copies. Secondly, That the Committee ascertain the least possible cost of transcribing and publishing the same per hundred copies. which was read and on motion referred to the Committee on Printing and Binding. Mr. Norton offered the following resolution: Resolved, That the Committee on Legislative Department be re- quested to inquire into the expediency' of providing in the Constitution that the system of county governments shall be uniform throughout the State. which was read and on motion referred to the Committee on Legislative Department. 188 JOURNAL OF THE MISSOURI Mr. Brockmeyer ofTered the following resolution: A Resolution of instruotion to the Committee on Education: Be it resolved by this Convention, That the Committee on Education be and it is hereby instructed to inquire what if any provision can be made in the revised Constitution to protect the local school funds from further wants or misapplication. which v/as read and on motion referred to the Committee on Education. Mr. Hardin offered the following resolution: 83] Resolved, That the Committee on Executive Department is hereby instructed to inquire into the expediency of so amending the Constitution as to require the vote of two-thirds of all the members elected to the General Assembly to pass a bill over the veto of the Governor. which was read and on motion referred to the Committee on Executive Department. Mr. Shanklin offered the following resolution: Resolved, That the Committee on Preamble and Bill of Rights be requested to inquire into the propriety of adopting a provision in the Bill of Rights substantially as follows: No special privileges or immunities shall ever be granted that may not be altered, revoked or repealed by the General Assembly. which was read and on motion referred to Committee on Preamble and Bill of Rights. Mr. Shanklin offered the following resolution: Resolved, That the Committee on Judicial Department be requested to inquire into the expediency of providing in the Constitution for a system of probate courts which shall be uniform throughout the State. which was read and on motion referred to the Com.mittee on Judicial Department. Mr. Eitzen offered the following resolution: Resolved, That no homestead in the county shall include more than eighty acres of land or exceed the total value of one thousand dollars and that in cities no homestead shall exceed the total value of fifteen hundred dollars. which was read and on motion referred to the Committee on Miscellaneous Provisions. Mr. Lay ofTered the following resolution: Resolved, That the Committee on Miscellaneous Provisions inquire into the propriety of amending Section eight of the Miscellaneous Pro- CONSTITUTIONAL CONVENTION, 1875 189 visions of the Constitution of this State so that it shall read in substance as follows: Section 8. In the absence of any contrary provision all officers now or hereafter elected or appointed shall hold office during their official term and until their successors shall be duly elected or appointed and qualified. Provided, hoivever, any person may resign any office by him held and after tendering his resignation he shall not be allowed thereafter to enjoy any of the emoluments nor be compelled to discharge any of the duties of such office. which was read and referred to the Committee on Mis- cellaneous Provisions. Mr. Lay offered the following resolution: 84] Resolved, That the Committee on Representation and Repre- sentative and Senatorial Districts inquire as to the propriety of providing such laws of representation in the Constitution to be formed by this Con- vention as will insure to each county in this State as at present constituted and without regard to population, at least one Representative in the lower branch of the General Assembly. which was read and on motion referred to the Committee on Representation, Representative and Senatorial Districts. Mr. McCabe offered the following resolution: Resolved, That the Committee on Miscellaneous Provisions of the Constitution be instructed to inquire into the propriety of reporting a provision in the Constitution, in substance as follows, making it the duty of the General Assembly to pass such laws as may be necessary for the protection of operative miners by providing for ventilation when the same may be requested, in the construction of escapement shafts or such other appliances or contrivances as may secure safety in all coal, lead, and other mines and to provide for the enforcement of said laws by such pains, penalties and punishments as may be deemed proper. which was read and on motion referred to the Committee on Miscellaneous Provisions. Mr. Hale offered the following resolution: Resolved, That the Committee on Representative and Senatorial Districts be instructed to inquire into the expediency of so fixing the basis of representation as to give each county in the State having a pop- ulation of five thousand and upwards, to be ascertained by a census to be taken under authority of the State, at least one Representative in the most numerous branch of the General Assembly. which was read and on motion referred to the Committee on Representation, Representative and Senatorial Districts. 190 JOURNAL OF THE MISSOURI Mr. Hale offered the following resolution: Resolved, That the Committee on Education be instructed to inquire into the expediency of inserting a provision in the Constitution requiring the schools for the education of the white and colored children of the State to be at all times kept separate. which was read and referred to the Committee on Education. Mr. Shields offered the following resolution: SALE OF RAILROADS' CLAIM FOR DAMAGES Resolved, That the following provisions be incorporated into the 85] proposed new Constitution: Section . That the sale of the railroads under the ordinances of the State Convention of 1865, and the laws of the State passed in pur- suance thereof, shall never be disturbed or interfered with by the General Assembly nor shall the General Assembly ever allow any claim for loss or damages growing out of the seizure and sale of said railroads by the State nor appropriate any money to pay such claim. which w^as read and on motion referred to the Committee on Miscellaneous Provisions. Mr. Pulitzer offered the following resolution: Resolved, That the Committee on St. Louis Affairs be instructed to report upon the expediency of a provision in the Constitution sub- stantially as follows: The fees, salaries, perquisites or emoluments of no officer in the State, be it city, county, municipal or State office, shall exceed the sum of ten thousand dollars per annum. All parts of law under which such profits or income of an office exceed said amount shall be null and void and the next Legislature shall conform to the provision of the existing laws to the above provision. which was read and on m.otion referred to the Committee on Miscellaneous Provisions. Mr. Gottschalk offered the following resolution: Resolved, That the following or some other similar proposition be inserted into the Constitution: The General Assembly shall provide by law for a just compensation of all officers or employes whose office or em- ployments may have been or may hereafter be created by law, either by salary or fees or both, which shall not be increased or diminished during the official term of such officers or employes nor after his election or ap- pointment, and in case such officer or employe shall be entitled to re- ceive fees, such law shall provide the amount of such fees which such of- ficer or employe shall be entitled to retain for his own use after the pay- ment of the necessary assistants or deputies and other expenses of his office and the surplus of fees over such amount shall be paid by State of- ficers into the State treasury, and if by county or municipal officers or CONSTITUTIONAL CONVENTION, 1875 191 employes into their respective countj' or municipal treasuries, and the same" rule of action in the appointment or providing for the election of county or municipal officers shall govern the respective authorities. Each State officer raising fees shall report to the State Auditor and each county or municipal officer to his respective county or municipality the amount of fees received in his office. Such report shall be under oath and 86] be made semiannually and shall fully state the amounts received as fees, from what source the expenses had and for what increased, the number and compensation of the assistants or deputies of such officers, which number and compensation as well as the payment of expenses shall also be regulated by the respective authorities. Any failure to make such report when due or any false report shall subject such officer to removal from office and shall be deemed a misdemeanor. which was read and on motion referred to the Committee on Miscellaneous Provisions. Mr. Spaunhorst offered the following resolution: Resolved, That the Committee on Legislation be and is hereby re- quested to inquire into the expediency of reporting a provision in the Constitution by which it is provided that no person holding r.r.y offiro by election, appointment or otherwise shall be eligible to a seat in the Gen- eral Assembly, excepting onlj'^ notaries public, and that no person shall hold two positions elective or appointed at the same time, such to apply to State, county and municipality. which was read and on motion referred to the Committee on Legislative Department. Mr. Cottey offered the following resolution: Resolved, That the Committee on Executive and Ministerial Of- ficers of County and Municipal Government be instructed to inquire into the propriety of incorporating into the Constitution a section substan- tially as follows: The compensation of all countj^ officers with the amount of their necessary clerk hire, stationery, fuel and other expenses, and in all cases when fees are provided for, shall be paid only out of and shall in no instance exceed the fees actually collected. No county of- ficer shall be allowed more per annum than $1,500 in counties containing 20,000 and not exceeding 30,000 inhabitants; $2,500 in counties contain- ing 30,000 and not exceeding 50,000 inhabitants; $3,000 in counties containing 50,000 and not exceeding 70,000 inhabitants; $3,500 in counties containing 70,000 and not exceeding 100,000 inhabitants, and $4,000 in counties containing over 100,000 and not exceeding 250,000 inhabitants; and not more than $1,000 additional compensation for each additional 100,000 inhabitants. Provided, that the compensation of no officer shall be increased or diminished during his term of office. All fees or allowances by them received in excess of their said compensation shall be paid into the county treasury. 192 JOURNAL OF THE MISSOURI 87] which was read and on motion referred to the Com- mittee on Executive and Ministerial Officers of County and Municipal Government. Mr. Cottey ofTered the following resolution: Resolved, That a committee of seven be appointed to be styled the Committee on Township Organization who shall report what changes or amendments are necessary to the Constitution for the government of those counties which are or may hereafter be under township organiza- tion. which was read and not adopted. Mr. Shanklin offered the following resolution: Resolved, That the Committee on Legislative Department be re- quested to inquire into the expediency of providing a provision in the Constitution substantially as follows: No act of the General Assembly shall take effect until the first day of Julj^ next after its passage unless in case of emergency (which emergency shall be expressed in the preamble or body of the act) the General Assembly shall by a vote of two-thirds of all the members elected to each house otherwise direct. which was read and on motion referred to the Committee on Legislative Departm.ent. Mr. Shanklin offered the following resolution: Resolved, That the Committee on Legislative Department be re- quested to inquire into the expediency of restoring to the Constitution a provision substantially as follows: No person who now is or who here- after may be a collector or holder of public mone5% nor any assistant or deputy of a collector or holder of public money, shall be eligible to either house of the General Assembly nor to any office of profit or trust until he shall have accounted for and paid all sums for which he may be ac- countable. which was read and on motion referred to the Committee on Legislative Department. Mr. Boone asked leave of absence for Mr. Ross of Mor- gan which was granted. Mr. Pulitzer offered the following resolution: Resolved, That the Committee on Boundaries and Political Subdi- visions be instructed to report upon the expediencj'- of permitting all municipalities containing a population of an hundred thousand and more to have less than the area of territory at present prescribed in forming a county of the State. which was read and on motion referred to the Committee on Boundaries and Political Subdivisions of the State. CONSTITUTIONAL CONVENTION, 1875 193 Mr. Maxey offered the following resolution: Resolved, That the Committee on Judicial Department inquire into the expediency of amending the Constitution so as to provide for dividing the State into eighteen judicial circuits and to reduce the number of cir- cuit judges from twenty-nine to eighteen and to establish the office of circuit attorney, the circuit attorney to possess the same qualifications 88] and to receive the same salary as circuit judge. which was read and on motion referred to the Committee on Judicial Department. Mr. Mortell called up his amendment to Rule 18 offered on yesterday, which was not adopted. Mr. Todd offered the following resolution: Resolved, That the Committee on Miscellaneous Provisions be in- structed to inquire into the expediency of reporting the following as an amendment to the Constitution: No officer of any kind elected shall have or enjoy a longer term of office than that of his office existing at the time of his election. which was read and referred to the Committee on Miscel- laneous Provisions. Mr. Wallace offered the following resolution: Resolved, That there be added to the Committee on Miscellaneous Provisions two additional members to be appointed by the President so as to make such committee consist of nine members. which was read and adopted. On motion of Mr. Lay, the Convention adjourned until tomorrow at 9 o'clock a. m. THURSDAY, MAY 13, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. Prayer by the Rev. Mr. Barrett. On motion of Mr. Norton the reading of yesterday's journal was dispensed with. 194 JOURNAL OF THE MISSOURI Mr. Gantt, from the Committee on Preamble to the Constitution and Bill of Rights, submitted the following re- port: We, the people of the State of Missouri, without [with] profound rever- ence for the Supreme RuleF of the Universe and grateful for his goodness, do for the better government of the State, establish this Constitution. In order to assert our rights, acknowledge our duties, and proclaim the principles on which our government is founded we declare: 1. That all political power is vested in the people of the State 89] with those limitations only which are imposed on them by the Con- stitution of the United States and that the government hereby estab- lished is clothed with that portion of the political power thus inherent in the people which is defined, ascertained and committed to some de- partment thereof by this instrument. 2. That the power not thus defined, ascertained and committed to some one of the departments of the government hereby established are reserved to the people and constitute that mass of governmental powers, the presence or absence of which distinguishes arbitrary from limited governments. 3. That all constitutional government is intended to promote the general welfare of the people; that all persons have a natural right to life, liberty and the enjoyment of the gains of their own industry; that to give security to these things is the principal office of government, and that when government does not confer this security, it fails of its chief design. 4. That the people of this State have, now and always, the inherent exclusive and inalienable right, subject to the limitations before men- tioned, of regulating after and amending their State Government when- ever and in such manner as to them shall seem expedient. 5. That religious belief is a matter beyond the sphere of the govern- ment proposed by this Constitution; that no one can be questioned in respect of his religious opinions by any instrumentality of this govern- ment, or for any purpose connected with its administration, but that acts of immorality, licentiousness, or conduct inconsistent with the good order, peace or safety of society, may be rightfully presented and punished notwithstanding that the persons guilty of such acts or conduct may proffer and allege in excuse or justification thereof, that they are com- mitted in obedience to the dictates of conscience. 6. That no person can be compelled to erect, support or attend any place or system of worship, or to maintain or support any priest, preacher, minister or teacher of any sect, church creed or denomination of religion; but that if any person shall voluntarily make a contract for any sucli object he shall be held to the performance of the same. 7. That no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of re- ligion, or in aid of any priest, preacher, minister or teacher thereof as such; and that no preference shall be given to or any discrimination made CONSTITUTIONAL CONVENTION, 1875 195 against any church, sect, denomination or creed of religion or any form of religion, faith or worship. 8. That every gift, sale or devise of land to any priest, minister, public teacher or preacher of the gospel as such or to any religious sect, 90] order or denomination or to or for the support, use or benefit of or in trust for any minister, public teacher or preacher of the gospel as such, or any religious order, sect or denomination; and every gift or sale of goods or chattels, to go in succession or to take effect after the death of the donor or seller to or for such use, support or benefit; and also every devise of goods or chattels to or for the support of any minister, public teacher, priest or preacher of the Gospel as such, or any religious sect, order or denomination, shall be void: except always a gift, sale or devise of so much land as may be required for a house of public worship, a chapel, a parsonage and a burial ground to be held for those purposes only, the quantity of land so held by any congregation, church or religious society not to exceed five acres in the country or one acre in a town or city. 9. That all elections ought to be free and open. 10. That courts of justice shall be open to every person and certain remedy afforded for every injury to person, property or character. That right and justice should be administered without sale, denial or delay and that the existence of a wrong for which the law affords no redress is a scandal to government. 11. That all persons shall be secure in their persons, papers, houses, and effects, from arbitrary searches and seizures; that no warrant shall issue to search any place or seize any person or thing except on probable cause, shown by oath or affirmation, and in every case whenever such probable cause is so shown, the warrant, by virtue of which alone it shall be lawful to make such search or seizure, shall describe the place to be searched or the person or thing to be seized, as nearly as may be. 12. That no person shall for an indictable offense be proceeded against criminally by information except in cases arising in the land or naval forces or in the militia in time of war or public danger or by leave of court for oppression or malfeasance in office. 13. That no conviction shall work corruption of blood nor forfeiture of the estate of the offender, except so much thereof as may be necessary to pay a fine imposed by law and the costs of prosecution and that the estate of those dying by suicide shall descend or vest as if they had died from disease. 14. That no law be passed impairing the freedom of speech; that every person shall be free to say, write or publish whatever he will on any 91] subject, being responsible for all abuse of that liberty; and that in all suits and prosecutions for libel, the truth thereof may be given in evi- dence and the jury under the direction of the court, shall determine the law and the fact. 15. That no act retrospective in its operation shall be passed by the General Assembly. 16. That imprisonment for debt shall not be allowed except for non-payment of fines and penalties imposed for violation of law, or when a debtor refuses to deliver up his estate for the benefit of creditors, in 196 JOURNAL OF THE MISSOURI such manner as shall be prescribed by law, or when there is strong pre- sumption of fraud. 17. That all property in the State except such as belongs to the United States, the State of Missouri, to counties, cities or municipal subdivisions, or municipal corporations within this State, or such as is held exclusively for the interment of the bodies of deceased persons, shall be taxed in proportion to its value for all purposes for which other property, similarly situated, is taxable and the General Assembly shall have no power to exempt from taxation of any kind, whether State or municipal purposes, the property of any particular owner or class of owners. 18. That the dwelling house of each citizen shall be sacred from in- vasion or entry by all persons except officers of justice in the execution of a warrant as described in Section eleven of this article, or in fresh pur- suit on view of a fugitive from arrest; and that the right of no citizen to keep and bear arms in defense of his home, person and property when lawfully threatened or in aid of the civil power when thereto legally sum- moned shall be called in question; but nothing herein contained is in- tended to justify the practice of wearing concealed weapons. 19. That no person elected or appointed to any office or employ- ment of trust or profit under the laws of Missouri or any ordinance of any municipality in this State shall hold such office without personally per- forming the duties to the same belonging. 20. That no person who is now or may hereafter become a collector or receiver of public money or assistant or deputy of such receiver or col- lector, shall be eligible to any office of trust or profit in the State of Mis- souri under the laws thereof or under any municipality therein until he shall have accounted for and paid over all the public money for which he may be accountable. 21. No person who shall hereafter be guilty of embezzling any 92] money belonging to whomsoever or of appropriating to his own use any money received by him in trust or confidence from another, as dis- tinguished from a debt arising out of the casualties of ordinary trade and business, shall be eligible to any offic^e of trust or profit under the laws of this State or the ordinance of any municipality therein until he shall have paid and made good any such defalcation. 22. That no private property can be taken for private use with or without compensation, unless by consent of the owner, and that when- ever an attempt is made to take private property for use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and as such judicially determined without regard to any legislative assertion that the use is public. 2.3. That whenever private property is taken or damaged for public use, just compensation shall be made to the owner thereof and the meas- ure of such compensation shall be the fair price or value in money of the property taken for, or a sum sufficient to balance the injury done thereto by the public use without any deduction from such price, value or com- pensation by reason of any real or alleged benefit to the same or other property of the owner by the proposed public use. In all cases, the owner CONSTITUTIONAL CONVENTION, 1875 197 of the property taken or injured maj- require that compensation be as- sessed by a jury and until the compensation awarded shall be paid to the owner or into court for the use of the owner, the proprietary rights of the owner shall not be divested. 24. In all criminal prosecutions the accused shall have the right to appear and defend in person and by counsel, to demand the nature and cause of the accusation and to have a copy thereof, to meet the witnesses against him face to face, to have process to compel the attendance of witnesses in his behalf, and a speedy trial by an impartial jury of the county. , 25. That no person shall be compelled to testify against himself in a criminal cause nor shall any person after being once acquitted by a jury be again, for the same offense, put in jeopardy of life or liberty; but if the jury to which the question of his guilt or innocence is sub- mitted, fail to render a verdict, the court before which the trial is had may in its discretion, discharge the jury and commit or bail the prisoner for trial at the next term of court, or if the state of business will permit at the same term and if judgment be arrested after verdict of guilty on a defective indictment, or if judgment on a verdict of guilty be reversed 93] for error in law, nothing herein contained shall prevent a new trial of the prisoner on a proper indictment, or according to correct principles of law. 26. That all persons shall be bailable by sufficient sureties except in capital cases when the presumption of guilt is great. 27. That bail more than suificient to secure the appearance of the accused for trial shall not be required nor shall excessive fines be imposed, nor cruel and unusual punishment be inflicted. 28. That the privilege of the writ of habeas corpus shall never be suspended. 29. That the military shall always be in strict subordination to the civil power; that no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war except in the manner prescribed by law. 30. That the limitations imposed on the State of Missouri in com- mon with her sister states by the Federal Constitution are cheerfully acquiesced in and so far as it is possible or becoming for the State of Mis- souri to enact as part of her organic law provisions which are already and by an authority superior to her own, part of the supreme law of the land, are hereby declared to be incorporated into this Constitution. On motion of Mr. Gantt the further reading of the re- port was dispensed with. Mr. Cottey offered the following amendment: Resolved, That all of Section seventeen be stricken out and the same referred to the Committee on Revenue and Taxation. Said section is in words following, to-wit: "That all property in the State except such as belongs to the United States, the States of Missouri, to counties, cities or municipal subdivisions or municipal corporations within this 198 JOURNAL OF THE MISSOURI State or such as is held exclusively for the interment of the bodies of deceased persons shall be taxed in proportion to its value for all purposes for which other property similarly situated is taxable and the General Assembly shall have no power to exempt from taxation of any kind whatever for State or municipal purposes the property of any particular owner or class of owners." which was read. Mr. Shields offered the following resolution: Resolved, That the report of the Committee on Preamble and Bill of Rights and the amendment be made special order for next Wednesday at 10 o'clock a. m. to be considered in the Committee of the Whole. 94] which was read. Mr. Gottschalk demanded a division of the question, which was agreed to. The question then being upon the consideration of the report of Committee on Preamble and Bill of Rights in the Committee of the Whole, it was agreed to. On motion of Mr. Switzler, the further consideration of the report of the Committee on Preamble and Bill or Rights was postponed and made the special order for Tuesday, May 18th, at 10 o'clock a. m. and one hundred copies or- dered printed. Mr. Gottschalk offered the following resolution: Resolved, That the following or some other similar provision be made part of the proposed Constitution: The General Assembly shall have no power to pass any law or to authorize any county or municipal corporation to make any rule or ordinance by which the sale or trafiBc in vinous, spirituous or malt liquors shall be prohibited, but the General Assembly may order or authorize a reasonable license to be assessed on such traffic and may further regulate the same by appropriate legislation. which was read and on motion referred to the Committee on Legislative Department. Mr. Pulitzer offered the following resolution: Resolved, That the Committee on Representation, Representative and Senatorial Districts be requested to consider into the expediency of reporting in lieu of the last clause of Section two Article IV of the pres- ent Constitution, a provision substantially as follows: When any county is entitled to more than one Representative all such Represen- tatives shall be elected in the county at large and not in special districts or subdivisions. CONSTITUTIONAL CONVENTION, 1875 199 which was read and on motion referred to the Committee on Representation, Representative and Senatorial Districts. Mr. Boone offered the following resolution: Resolved, That the Committee on Education be and is hereby in- instructed to inquire into the expediency of adopting an amendment to the Constitution substantially as follows: 1. The General Assembly shall establish and maintain a State institution to be known as the Reform School for the Correction and Instruction of Minors who shall be convicted of any felonious offense. 2. No person under the age of twenty-one years shall on any ac- count be punished with death or by confinement in the State Prison. 95] 3. Any person under the age of twenty-one years who shall have been convicted of any felony, shall be confined in said Reform School for such time as the jury or court trying the cause shall determine. 4. The General Assembly shall have power to prescribe rules and regulations for the government of said institution. which was read and on motion referred to the Committee on Education. Mr. Fyan offered the following resolution: Resolved, That the Committee on Miscellaneous Provisions be in- structed to take into consideration the propriety of inserting provisions in the Constitution substantially as follows: Section 1. Senators and Representatives and all judicial, State and county officers shall before entering on the duties of their respective offices take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of the State of Missouri, and that I will discharge the duties of my office with fidelity; that I have not paid or contributed or promised to pay or contribute, either directly or indirectly, anj' money or other valuable thing to procure my nomination or election or appoint- ment except for necessary and proper expenses expressly authorized by law; that I have not knowingly violated any election law of this State or procured it to be done by others in my behalf; that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or non-performance of any act or duty pertaining to my office other than the compensation allowed by law." Section 2. The foregoing oath shall be administered by some person authorized to administer oaths, and in case of State officers and judges of the Supreme Court shall be filed in the office of the Secretary of State, and in case of other judicial and county officers in the office of the clerk of the county court of the county in which the same is taken; any person refusing to take said oath shall forfeit his office; and any person who shall be convicted of having sworn or affirmed falsely, or having violated said oath or affirmation, shall be guilty of perjury and be forever disqualified from holding any office of trust or profit in this State. The oath to the 200 JOURNAL OF THE MISSOURI members of the Senate and House of Representatives shall be adminis- tered by some judge of a court of record in the hall of the house to which the members may be elected. which was read and on motion referred to the Committee on Miscellaneous Provisions. Mr. Massey offered the following resolution: 96] That the Secretary of this Convention be directed to make up the daily journal in the blank book it is supposed has been provided by the Secretary of State. and moved its adoption. Messrs. Brockmeyer and Halliburton seconded the motion. The resolution was read and adopted. Mr. Halliburton offered the following resolution: Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of reporting amendments to the Constitution substantially as follows: 1. The Supreme Court shall consist of three judges, any two of whom shall be a quorum, and shall hold its sessions at the Capitol. It shall have a general superintending control over all inferior courts of law. It shall have appellate jurisdiction from the final judgments of the dis- tricts, circuit and all inferior courts wherein the amount in controversy exceeds the sum of S500 or wherein any constitutional question shall be involved. It shall have the power to issue w^its of habeas corpus, man- damus, quo warranto, certiorari, and other remedial T\Tits, and to hear and determine them. 2. There shall also be established a district court, which shall con- sist of three judges. The State shall be divided into convenient districts not to exceed four, in each of which the district court shall be held at such time and place as the General Assembly may appoint and when sitting in either district it shall exercise jurisdiction over causes originating in that district only. It shall have like original jurisdiction with the Su- preme Court and appellate jurisdiction from the final judgments of the circuit courts and all inferior courts of record within the respective dis- trict, except probate and county courts, wherein the amount in contro- versy does not exceed the sum of SoOO. After the establishment of such district courts, no appeal or writ of error shall lie from any circuit court or inferior court of record to the Supreme Court unless the amount in controversy exceed the sum of S500 or unless a question of constitutional law shall be involved in the proceeding, but such appeal or writ of error shall lie to the district court from the final judgments of which no appeal or writ of error can be taken to the Supreme Court. which was read and on motion referred to the Committee on Judicial Department. CONSTITUTIONAL CONVENTION, 1875 201 97] Mr. Rider offered the following resolution: Resolved, That the Committee on Legislative Department be in- structed to inquire into the expediency of so amending the Constitution as t,o provide. That all cases of contested elections of members of the Legislature shall be determined by the county court of the county in which the contest occurs. which was read and on motion referred to the Committee on Legislative Department. Mr. Rider offered the following resolution: Resolved, That the Committee on Judiciary be instructed to inquire into the expediency of so amending the Constitution as to provide: That justices of the peace shall have concurrent jurisdiction with the circuit court in the trial of all cases of petit larceny and misdemeanors and that the General Assembly shall make provisions for the punishment of such offenses. which was read and on motion referred to the Committee on Judiciary Department. Mr. Conway offered the following resolution: Resolved, That the sergeant-at-arms of this Convention be consti- tuted the postmaster of this body, and that he be directed to assume the duties of said office in addition to his duties as sergeant-at-arms; without additional compensation. which was read and adopted. Mr. Adams offered the following resolution: Resolved, That two additional members be added to the Committee on Judiciary so that such Committee shall be composed of fifteen mem- bers. which was read and adopted. Mr, Bradneld offered the following resolution: Resolved, That the Committee on Banks and Corporations be in- structed to inquire into the expediency of substantially incorporating the following provisions in the Constitution: 1. All individuals, associations and corporations shall have equal right to have persons and property transported over railroads, and no undue or unreasonable discrimination shall be made in charges for or in facilities for transportation of freight or passengers within the State. Persons and property transported over anj'^ railroad, shall be delivered at any station, at rates of charges not exceeding the charges for transporta- tion of persons and property of the same class in the same direction to any more distant station. 2. No railroad in existence at the time of the adoption of this Con- stitution shall have the benefit of any future legislation by general or 202 JOURNAL OF THE MISSOURI 98] special laws, except on condition of complete acceptance of all the provisions of this Constitution applicable to railroads. 3. The power to tax corporations and corporate property shall not be surrendered or suspended by any contract or grant to which the State shall be a party. which was read and on motion referred to the Committee on Banks and Corporations. Mr. Watkins offered the following resolution: Resolved, That the Committee on the Judiciary be requested to in- quire into the propriety of incorporating in the Constitution a provision to lay off the State into probate districts, appointing judges therefrom with like qualification as circuit judge. which was read and on motion referred to the Committee on Judicial Department. Mr. Wallace offered the following resolution. Resolved, That the Committee on Education be requested to consider the expediency of reporting an amendment to the Constitution providing the levy and collection of any taxes for free or common school purposes by the State, and requiring all levy and collection of taxes for free or common school purposes to be made by and appropriated and disbursed in the respective counties and that a constitutional limitation be imposed on the amount of such taxes. which was read and on motion referred to the Committee on Education. Mr. Farris offered the following resolution: Resolved, That the Committee on Miscellaneous Provisions be requested to examine into the expediency of incorporating a provision into the Constitution by which the people of the various counties in the State, that have overflowed swamp lands may reclaim the same and that the people of the various counties through which the Missouri river runs may build and construct levees to protect the lands from the usual overflows to which the same is subjected. which was read and on motion referred to the Committee on Miscellaneous Provisions. Mr. Holliday offered the following resolution: Resolved, That the Committee on Revenue and Taxation be in- structed to inquire into the expediency of incorporating in the Constitu- tion a provision substantially as follows: Real estate not exceeding eighty acres, forty acres of which shall be in actual cultivation, lots in cities, towns and villages excepted, when owned and occupied by a 99] resident of the State shall be exempt from taxation. CONSTITUTIONAL CONVENTION, 1875 203 which was read and on motion referred to the Committee on Revenue and Taxation. Mr. Edwards of Iron offered the following resolution: Resolved, That the Committee on Legislative Department inquire into the expediency of adopting an amendment to the Constitution pro- hibiting the Legislature from passing any general law to take effect and be in force only in such counties as may adopt the same by a vote of the qualified electors therein. which was read and on motion referred to the Committee on Legislative Department. Mr. Black offered the following resolution: Resolved, That the proper committee be requested to inquire into the propriety of incorporating into the fundamental law of the State pro- visions substantially as follows: 1. The General Assembly shall pass no local or special law amend- ing the charter or regulating the affairs of any city or town, but the Gen- eral Assembly shall pass general laws for the organization, classification and government of municipal corporations. The number of such classes shall not exceed four and the power of each class shall be defined by general laws so that all such corporations of the same class shall possess the same power and be subject to the same restrictions and none other. 2. When such general laws shall be passed, all municipal corpora- tions, whether created under general or special laws, shall become subject to and governed thereby. 3. If it is found advisable to require such general laws to be passed and not expedient to require existing corporations to become subject thereto, that then the Committee inquire into the propriety of directing the General Assembly to provide means whereby such corporations with special charters may elect to become subject to and governed by the Gen- eral Assembly. which was read and on motion referred to the Committee on Boundaries and Political Subdivisions of the State. Mr. McAfee from the Committee on Organization of the Militia of the State submitted the following report: Mr. President: The Committee on Military Affairs and Organization of the Militia, appointed and required to report what changes or amendments are nec- essary in that part of the existing Constitution which relates to the or- ganization of the militia, have had the subject under consideration and have instructed its chairman to report the following seven sections and recommend their adoption as and for that part of the new Constitution upon said subject, to wit: 204 JOURNAL OF THE MISSOURI lOOj Article MILITIA. Section 1. All able-bodied male inhabitants of this State between the ages of eighteen and forty-five years who are citizens of the United States or have declared their intention to become such citizens, shall be liable to military duty in the militia of this State: Provided, that no person who is religiously scrupulous of bearing arms, can be compelled to do so, but may be compelled to pay an equivalent for military service in such manner as shall be prescribed by laAV. Section 2. The General Assembly, in providing for the organization, equipment and discipline of the militia, shall conform as nearly as prac- ticable to the regulations for the government of the armies of the United States. Section 3. Each company and regiment shall elect its own company and regimental oificers, but if any company or regiment shall neglect to elect such officers within the time prescribed by law or by the order of the Governor, they may be appointed by the Governor. Section 4. Volunteer companies of infantry, cavalry and artillery may be formed in such manner and under such restrictions as may be provided by law. Section 5. The volunteer and militia forces shall in all cases except treason, felony and breaches of the peace, be privileged from arrest, during their attendance at musters, parades and elections and in going to and returning from the same. Section 6. The Governor shall appoint the Adjutant-General, Quartermaster-General and his other staff officers. He shall also with the advise and consent of the Senate appoint all Major Generals and Brigadier Generals. Section 7. The General Assembly shall provide for the safe keeping of the public arms, military records, banners and relics of the State. All of which is unanimously concurred in by the Committee and respectfully submitted. On motion of Mr. Brockmeyer the report was received, laid over informally and one hundred copies ordered to be printed. The President announced the following to be the mem- bers of the Committee on Federal Relations: From the First Congressional District, James 0. Broadhead. From the Second Congressional District, Joseph Pulitzer. From the Third Congressional District, H. J. Spaunhorst. From the Fourth Congressional District, L. H. Davis. 101] From the Fifth Congressional District, P. Pipkin. From the Sixth Congressional District, John W. Ross. From the Seventh Congressional District, J. P. Ross. From the Eighth Congres.sional District, D. C. Allen. From the Ninth Congressional District, J. C. Roberts. From the Tenth Congressional District, J. A. Holliday. CONSTITUTIONAL CONVENTION, 1875 205 From the Eleventh Congressional District, Thomas Shackelford. From the Twelfth Congressional District, E. McCabe. From the Thirteenth Congressional District, A. V. McKee. , The President announced that the following named gentlemen had been added to the Committee on Judicial Department: Thomas Shackelford and A. M. Lay. On motion of Mr. Roberts the Convention adjourned until 9 o'clock a. m. tomorrow. FRIDAY, MAY 14, 1875 MORNING SESSION The Convention met pursuant to adjournment, the Vice-President in the chair. Prayer by Rev. Mr. Parker. On mxOtion of Mr. Wallace the reading of the journal was dispensed with. Mr. Malcolm McKillop came forward, presented his credentials and was sworn in by Mr. 0. G. Burch, notary public for Cole county. Mr. Norton submitted the following report from the Committee on Printing and Binding: Mr. President: The Committee on Printing and Binding to which was referred the following resolution: Resolved, That the Committee on Printing and Binding be instructed to inquire into the propriety of having the shorthand reports of Messrs. Walbridge, Holland and Brown written out and published daily in a manner suitable to be bound in book form and that each member be furnished each day with number of copies. Secondly, That the Committee ascertain the least possible cost of transcribing and publishing the same per hundred copies, would re- spectfully report that they have had the same under consideration and in response thereto state that the propriety of translating the steno- graphic reports of the debates ordered to be taken by the former action of this Convention by Messrs. Walbridge, Holland and Brown depending in a great measure on the expense which would thereby be included, have made the following estimates on a session of fifty days of this Con- 102] vention: 206 JOURNAL OF THE MISSOURI Cost of preserving debates in shorthand $500. 00 Cost of translating and writing out the same for publi- cation 250. 00 Cost of printing and binding 1000 copies of three volumes of 1000 pages for each volume 9,570. 00 Estimated cost of bill work and bill work already ordered 500. 00 Making a total of $13,070. 00 In vieAv, therefore, of the cost involved and in view of the fact that the Legislature has only appropriated the sum of ten thousand dollars as a contingent fund out of which the above amount would have to be paid, the Committee recommends the adoption of the following resol- ution: Resolved, That in view of the fact that the contingent fund at the disposal of this Convention is not sufficient to pay for the printing of bill work already ordered, the i^rinting and binding of the journal, the translation and writing out of the shorthand reports of the debates and printing and binding the same, that it is inexpedient to have the short- hand reports of the debates of this Convention written out and printed and bound in book form. which was read. Mr. Johnston of Nodaway asked leave of absence for Mr. President which was granted. Mr. Todd offered the following resolution: Resolved, That the report of the Committee on Printing just made be referred back to said Committee with instructions that it inquire and report whether offers for doing the printing cannot be had at such a cost as to bring it within the means of the contingent fund. which was read. Mr. Shields offered the following amendment: Amend by striking out all after the word "resolved" and insert the following: "That the report of the Committee on Printing be recommit- ted and the Committee be and it is hereby instructed to receive bids for the printing of the debates of the Convention in such form as may be suitable for binding and to furnish the same from day to day to the mem- bers of the Convention and report the same to the Convention." which was read. On motion of Mr. Shackelford the report with the amendments was laid on the table. 103] Mr. Pulitzer offered the following resolution: Resolved, That the Committee on St. Louis Affairs be instructed to inquire into the expediency of amendments to the present Constitution substantially as follows: CONSTITUTIONAL CONVENTION, 1875 207 1. All municipalities having a population of 100,000 and over shall be considered counties by themselves and shall not be compelled to have the territorial area prescribed in the formation of counties. 2. The fees, emoluments, perquisites, salary or compensation of no person holding any office whatever under the State or any county or municipal organization shall exceed the sum of $10,000 per annum. All existing statutory provisions creating fees, perquisites, or emolu- ments of any such office in excess of $10,000 shall be null and void and it shall be the duty of the Legislature to revise and conform the laws to the above provisions. 3. Municipalities having a population of 100,000 and over shall be regulated by a fundamental constitutional charter which shall not be liable to yearly change by the Legislature but shall remain as permanent as the fundamental law of the State unless such change be proposed by the concurrent action of two-thirds of the city council and the mayor of said municipalities and endorsed by at least two-thirds of the people thereof voting in a special election called for the purpose of approving or respecting such change in the municipal charter. 4. The Representatives of St. Louis county in the Lower House of the Legislature shall be elected in the county at large and not in special subdivisions. 5. Education of children in municipalities having a population of 100,000 and more shall be absolutely' compulsory, tax-payers being taxed at large to educate the children at large in the interest of the State, so- ciety and the municipality. which was read and on motion referred to the Committee on St. Louis AlTairs. Mr. Hale offered the following resolution: Resolved, That the Judiciary Committee be instructed to inquire into the expediency of inserting a provision in the Constitution prohib- iting the payment of costs in criminal eases by the State except costs of apprehending criminals in other states and costs incurred after conviction. which was read and on motion referred to the Committee on Judicial Department. On motion, Mr. Dysart was granted leave of absence. Mr. Hale offered the following resolution: Resolved, That the Secretary of this Convention be and he is hereby required to furnish each member of this Convention with three such daily papers as may contain reports of the proceedings of this Conven- tion for distribution amongst the people, the papers to be selected by 104] the members and at a cost of not exceeding five cents each to be paid for out of contingent fund. Mr. Hale moved the previous question which was or- dered. 208 JOURNAL OF THE MISSOURI Mr. Roberts demanded the ayes and noes and the resolu- tion was adopted by the following vote: AYES Adams Edwards Halliburton McCabe Rippey Boone of Iron Hammond Mudd Rucker Bradfield Edwards Lackland Pipkin Shanklin Carleton of St. Louis Lay Pulitzer Shields Conway Eitzen Mabrey Ray Wallace Cottey Hale Maxey NOES Rider Wat kins 28 Allen Crockett Johnston Nickerson Shackelford Alexander Davis of NodawayNorton Switzler Black Farris Letcher Priest Taylor Broadhead Fyan Massey Roberts of Jasper Chrisman Gantt McAfee Ross Todd Crews Hyer McKillop of Polk Wagner 27 ABSENT WITH LEAVE Dryden Gottschalk Ross Taylor Mr. President Dysart Hardin of Morgan Spaunhorst ABSENT of St. Louis 8 Brockmeyer Holliday McKee Mortell 4 Mr. McCabe moved to reconsider the vote by which the resolution passed and to lay his motion to reconsider on the table which was agreed to. Mr. Todd offered the following resolution: Resolved, That the Committee on Miscellaneous Provisions be in- structed to inquire into the expediency of reporting as an amentment to the Constitution the following: It shall not be lawful for any public authorities deriving their powers from the General Assembly to indemnify or release any party or parties from any consequences of any contract or contracts by such party or parties made or entered into with said au- thorities. which was read and on motion referred to the Committee on Miscellaneous Provisions. Leave of absence was granted to Messrs. Adams and Hardin. CONSTITUTIONAL CONVENTION, 1875 209 Mr. Crews offered the following resolution: Resolved, That the Committee on Accounts be and is hereby au- thorized to regulate the pay of such employes as have been appointed by the doorkeeper and whose appointment has been approved by the President of this Convention. which was read and adopted. Mr. Crews offered the following resolution: Resolved, That at the first regular session of the General Assembly chosen at an election under this Constitution the Representatives shall 105] be divided into two equal classes to be determined by lot, under rules to be adopted for that purpose by the House of Representatives. The seats of the first class shall be vacated at the end of the second year after the day of said election, and those of the second class at the end of the fourth year after that day so that one-half of the Representatives shall be chosen every second year and after the expiration of the term of said first class, all Representatives shall hold their offices for four years , which was read and referred to Committee on Representa- tion, Representative and Senatorial Districts. Mr. McCabe offered the following resolution: Resolved, That the Committee on Legislative Department of the State Government be requested to inquire into the expediency and propriety of incorporating into the Constitution the following pro- vision, in substance. Every bill shall be read at large on three different days in each house and the bill and all amendments thereto shall be printed before the vote is taken on its final passage and that every bill having passed both houses shall be signed by the Speaker thereof. which was read and on m.otion referred to the Committee on Legislative Department. Mr. Maxey offered the following resolution : Resolved. That the Committee on Revenue and Taxation to which was referred the seventeenth section of the Bill of Rights, as reported by the Committee on Preamble and Bill of Rights, inquire into the expediency of reporting in lieu thereof the following: The property of this State, of counties and other municipal corporations within this State, both real and personal, and such other property as may be used exclusively for religious, cemetery, school and charitable purposes shall be exempt from State, county and municipal taxation. which was read and on motion referred to the Committee on Revenue and Taxation. Mr. Shields offered the foUov/ing resolution: Resolved, That the President appoint a standing committee of seven to be known as the Committee on Railroad Taxation to which 210 JOURNAL OF THE MISSOURI shall be referred all propositions relating to the taxation of railroads and the duty of which committee shall be to present to the Convention thorough and practicable mode of taxing the property of railroad cor- porations in this State. 4 which was read. Mr. Bradfield offered the following amendment: Amend by striking out the word "seven" and insert the word "nine". which was agreed to. The resolution as amended was adopted. Mr Todd offered the following resolution: 106] Resolved, That the Committee on Miscellaneous Provisions be instructed to inquire into the expediency of reporting as an amend- ment to the Constitxition the following: That the using or suffering to be used any money or moneys or any choses in action officially received or elected by any public officer, and also that the default of any public officer to pay or deliver over as directed by law of any money, moneys or choses in action, and also that the deposit of any public officer of any such mone5^ moneys or choses in action otherwise than as directed by law, unless impracticable, shall be a felony for which the General Assembly shall enact an infamous punishment. which was read and on motion referred to the Committee on Miscellaneous Provisions. Mr. McKee asked leave of absence for the sergeant- at-arms until Monday, which was granted. On motion of Mr. Halliburton, Mr. Hammond was granted leave of absence. Mr. Hale offered the following resolution: Resolved, That the Committee on Revenue and Taxation and also the Committee on Education be required to inquire into the expediency of inserting appropriate provisions in the Constitution whereby railroads and railroad property shall be taxed for all purposes as other property according to its actual value and that the revenue derived shall be set apart as a fund to pay the interest and principal of the State debt in- curred on account of the building of railroads, until the same is extin- guished and that after the payment of said debt that the revenue so derived be set apart and appropriated permanently to the support of com- mon schools in this State. which was read and on motion referred to the Committee on Revenue and Taxation. Mr. Holliday moved to adjourn until tomorrow, 9 o'clock a. m., which was not agreed to. CONSTITUTIONAL CO h^VENTION, 1875 211 Mr. Mudd offered the following resolution: Resolved, That the Committee on Raiboad Taxation be instructed to inquire into the expediency of providing for the taxation of all railroad corporations by the collection by the State of a percentage on the gross receipts of said railroads. which was read and on motion referred to the Committee on Railroad Taxation. Mr. Crockett offered the following resolution: 107] Resolved, That the Committee on Legislative Department be instructed to inquire into the propriety of amending the Constitution substantially as follows: That the legislative power of the State shall be vested in a General Assembly to be composed of one Senator for each senatorial district into which the State now is or hereafter may be divided in pursuance of the provisions of the Constitution regulating apportionment and representation, and one Representative for each county in the State as at present constituted or which may hereafter be established, who shall meet in General Assembly at the capitol of the State on the first Monday in January next after the adoption of this Constitution and regularly once every four years thereafter: Provided, that in case of insurrection, rebellion or invasion or other great emergency the Governor shall have power to convene the General Assembly in extra session by proclamation, but such extra sessions of the General Assembly shall have no authority to legislate upon matters other than such as are specially named in such proclamation. which was read and on motion referred to the Committee on Representation, Representative and Senatorial Districts. Mr. Cottey offered the following resolution: That the Committee on Executive and Ministerial Officers of County and Municipal Government be instructed to inquire into the expediency of reporting provisions in the Constitution substantially as follows: In any county that shall have adopted a township organization the question of continuing the same may be submitted to a vote of the people of such county at a general election and if a majority of all the votes cast upon the question shall be against township organization, then such organization shall cease in such county and all laws in force in rela- tion to counties not having township organization shall immediately take effect in such county, provided, that all counties under township organization shall be governed by uniform laws. which was read and on motion referred to the Committee on Executive and Ministerial Officers of County and Munici- pal Government. 212 JOURNAL OF THE MISSOURI The President announced the following committee on Railroad Taxation: Shields, Norton, McCabe, Davis, McAfee, Broadhead, Wallace, Roberts, Letcher. On motion of Mr. Hyer the Convention adjourned until tomorrow, 9 o'clock a. m. 108 SATURDAY. MAY 15. 1875 The Convention met pursuant to adjournment, the President in the chair. Prayer by Rev. Mr. Barrett. The journal of Wednesday, May 12th, was being read when on motion of Mr. McAfee the further reading was dispensed with. The President announced that the following named members had been added to the Committee on Miscellaneous Provisions: L. F. Cottey and S. R. Crockett. The Committee on Judicial Department reported back resolution No. 1 with recommendation that it be referred to Committee on Executive and Ministerial Departments. Leave of absence was granted to Messrs. Rucker, Gantt, Shields, Ross of Polk, Shackelford, Nickerson and Dysart, until Monday evening next. Mr. Massey m.oved the Convention adjourn until Monday morning next at 9 o'clock. Messrs. Pulitzer and Conway demanded the ayes and noes. The question being upon the motion to adjourn until Monday next at 9 o'clock a. m., the motion was agreed to by the following vote: AYES Boone Dysart Fyan Lay McKee Bradfield Edwards Halliburton Letcher MoKillop Broadhead of Iron Holliday Massey Mortell Brockmeyer Edwards Hyer Maxey Mudd Carleton of St. Louis Johnston McAfee Norton Crews Farris Lackland McCabe Priest CONSTITUTIONAL CONVENTION, 1875 213 Roberts Taylor Taylor Todd Watkins Ross of Jasper of St. Louis Wagner Mr. President of Polk NOES 36 Allen Conway Gantt Ray Shanklin Alexander Cottey Mabrey Rider Switzler Black Crockett Pipkin Rippey Wallace 18 Chrisraan Davis Pulitzer ABSENT WITH LEAVE Adams Gottschalk Hardin Ross Shields Dryden Hale Nickerson of Polk Spaunhorst Eitzen Hammond Rucker Shackelford 13 Whereupon the President declared the Convention ad- journed until Monday morning next at 9 o'clock. MONDAY, MAY 17, 1875 The Convention met pursuant to adjournment, the President in the chair. Prayer by the Rev. Mr. Woods. The journals of the thirteenth and fourteenth of May were read and approved. 109] The journal of Saturday was read and approved. Mr. Hyer presented a petition from certain citizens of Dent county in relation to incorporating a clause in the Constitution punishing slander and libel by fine or imprison- ment or both, which was read and on motion referred to the Committee on Judicial Department. Mr. Fyan asked leave of absence for Mr. Maxey, which was granted. Mr. Todd offered the following resolution: Resolved. That the Committee on Legislative Department be in- structed to inquire into the expediency of reporting as an amendment to the Constitution the following: The General Assembly shall pro- vide by law for the taking of depositions to be read in evidence in all State eases of violations of law, and for the release of the deponents thereof upon their own recognizance. which was read and on motion referred to the Committee on Legislative Department. 214 JOURNAL OF THE MISSOURI Mr. Todd olTered the following resolution: Resolved, That the Committee on the Legislative Department be instructed to inquire into the expediency of reporting as an amend- ment to the Constitution the following: That no public officer shall be tried or charges made against him by the same tribunal or body that makes the charges. which was read and on motion referred to the Committee on Legislative Department. Mr. Taylor of St. Louis offered the following resolution: Resolved, That the Committee on the Executive and Ministerial Officers be instructed to inquire into the expediency of reporting an amendment to the Constitution requiring that all State and county officers except justices of the peace and constables shall receive their compensation by way of salary and in no other manner. which was read and on motion referred to the Committee on Executive and Ministerial Officers of County and Munici- pal Government. Mr. Davis offered the following resolution: Resolved, That the Committee on Legislative Department inquire into the expediency of reporting the following proposed amendment: No bill shall be introduced into either house of the General Assembly after the expiration of the first twenty days succeeding the permanent organi- zation of the same. which was read and on motion referred to the Committee on Legislative Department. Mr. Halliburton offered the following resolution: Resolved, That the following be referred to the Committee on Rev- enue and Taxation, and that they be requested to inquire into the ex- 110] pediency of incorporating the following provision into the Consti- tution to wit: Section . No greater rate of interest nor penalty than ten per cent per annum shall be lawful in this State for the for- bearance or nonpayment of money, property or tax. which was read and on motion referred to the Committee on Revenue and Taxation. Mr. Rider offered the following resolution: Resolved, That the Committee on Executive Department be in- structed to inquire into the expediency of so amending the Constitution as to provide for the abolishment of the offices of Adjutant-General and CONSTITUTIONAL CONVENTION, 1875 215 Register of Lands by making the Secretary of State ex ojficio Adjutant- General and the State Auditor ex officio Register of Lands. which was read and on motion referred to the Committee on Executive Department. Mr. Lackland offered the following resolution: Resolved, That the Committee on Judicial Department be in- structed to inquire into the expediency and propriety of so amending the Constitution as to give the circuit courts jurisdiction and authority to try suits on all claims against the State and to refrain the General Assembly to enact such laws as shall be necessary to provide for the payment of judgments against the State. which was read and on motion referred to the Committee on Judicial Department. Mr. Mabrey offered the following resolution: Resolved, That the President of this Convention be and is hereby requested to appoint M. L. Julian to act as folder and mail messenger for this Convention and that he receive for his services as such folder and messenger the same per diem as was allowed the folder of the Twenty- eighth General Assembly. which was read. Mr. McAfee rose to a point of order and stated that the power to appoint additional employes when necessary had been by previous resolution given to the President and that the resolution was not in order. The President declared the point of order well taken and ruled the resolution out of order. Mr. Switzler moved to take the report of the Committee on Printing and Binding from the table, which was agreed to. The question recurring on the adoption of the report of the Committee on Printing and Binding, Mr. Switzler of- fered the following resolution: 111] Resolved, That the report of the Committee on Printing and Binding be recommitted to said Committee with instructions to as- certain from the State Printers and report to this body at what cost per volujne of eight hundred pages solid brevier, same size and style of the Pennsylvania Debates, and one thousand copies of the proceedings and debates of this Convention will be furnished by them, also the cost per column solid brevier, of ten columns per day in the Daily Tribune to- gether with the cost of five hundred copies daily of said paper to be fur- nished this Convention. 216 JOURNAL OF THE MISSOURI Mr. McAfee ofTered the following amendment: Amend by adding the following: Resolved, That the Committee on Printing and Binding be required to inquire also, and report as soon as practicable, whether the expense of printing and binding done for this Convention must, under existing law, be paid for out of its contingent fund. which was read and agreed to. The resolution as amended was adopted. Mr. Cottey offered the following resolution: Resolved, That it is the sense of this Convention that any member introducing a resolution for reference to a committee shall not be al- lowed to accompany the same with any explanatory remarks. which was read and not adopted. On motion of Mr. Broadhead the Convention adjourned until tomorrow, 9 o'clock a. m. TUESDAY, MAY 18, 1875 MORNING SESSION The Convention m^et pursuant to adjournment, the President in the chair. Prayer by the Rev. Mr. Barrett. The journal of yesterday was read and approved. Mr. Conway offered the follov/ing resolution: Resolved, That the Committee on Judiciary be instructed to inquire into the expediency of incorporating into the Constitution provisions substantially as follows: Section . The Governor, Lieutenant-Governor, Secretary of State, State Auditor, State Treasurer, Attorney-General and all judges of courts of record shall be liable to impeachment for high crimes and misdemeanors. Section . The House of Representatives shall have the sole power of impeachment. All impeachments shall be tried by a special commission composed of five eminent jurists to be elected by the Senate. Whenever articles of impeachment have been found against any officer 112] above designated, it shall be the duty of such committee as soon as chosen, to proceed at once to the trial of the impeachment at the Capital, having first been sworn to do justice according to law and evidence, provided, that when the Governor is tried the Chief Justice shall be a member of said commission and shall preside, and four eminent CONSTITUTIONAL CONVENTION, 1875 217 jurists shall be selected as above provided for, who, with the Chief Jus- tice, shall constitute the commission to try the Governor in ease of his impeachment: and provided, that whenever any judges of courts of record are to be tried said commission shall proceed to the place where the high crimes or misdemeanors or the most of them with which such judges may be charged are alleged to have been committed and shall there try such impeachment. Such commission shall receive such compensation as shall be provided for by law, and the Legislature shall provide for paying the expenses of such trials as are herein contemplated. which was read and on motion referred to the Committee on Judicial Department. Mr. Allen offered the following resolution: Resolved, That the Committee on Judiciary examine into the expediency of amending the Constitution by inserting therein in lieu of Section seventeen of Article VI, a section which shall be as follows: Section : The General Assembly shall provide by law for holding circuit courts when there is a vacancy in the office of the judge of any circuit, or when the judge shall fail to attend or if in attendance cannot from sickness or other cause properly preside. which was read and on m.otion referred to the Committee on Judicial Department. Mr. Taylor of St. Louis offered the following resolution: Resolved, That the Committee on Legislative Department be in- structed to inquire into the expediency of reporting an amendment to the Constitution requiring the Governor, by and with the consent of the Senate, at the first session of the Legislature after this proposed Constitution goes into effect and every ten years thereafter, to appoint three persons well skilled in the law, as a commission to revise and codify the Senate * laws of this State. which was read and on motion referred to the Committee on Legislative Department. Mr. McCabe asked for leave of absence for Mr. Alex- ander, which was granted. The special order being the consideration of the Pre- 1131 amble and Bill of Rights, which was taken up, Mr. Bradfield moved that the Convention go into Committee of the Whole for the consideration of the same, which was agreed to. Mr. Switzler in the chair. *This is an error. The word "senate" shouJd have been omitted. 218 JOURNAL OF THE MISSOURI On motion of . Mr. Norton the Committee rose, the President took the chair and called the Convention to order. Mr. Switzler, chairman of the Committee, reported progress but arrived at no definite action and asked leave to sit again. Leave was granted. Mr. Shields moved that the Convention go into Com- mittee of the Whole at 9 o'clock a. m. tomorrow for the further consideration of the Preamble and Bill of Rights, which was agreed to. On motion of Mr. Brockmeyer the Convention ad- journed until tomorrow, 9 o'clock a. m. WEDNESDAY, MAY 19, 1875 The Convention rnet pursuant to adjournment, the President in the chair. Prayer by Rev. Mr. Keady. The journal of yesterday was read and approved. Mr Norton from the Committee on Representation, Representative and Senatorial Districts submitted the fol- lowing report: Mr. President: The Committee on Representation and Representative and Sena- torial Districts, having had under consideration those parts of the Const- tution relating to these subjects and also the various resolutions which have been referred to it, recommends the adoption of the following sec- tions, and that they be incorporated in the Constitution to be framed by this Convention as part thereof. ARTICLE Section 1. The House of Representatives shall consist of members to be chosen every second year by the qualified voters of the several counties and apportioned in the following manner: The ratio of representation shall be ascertained at each apportion- ing session of the General Assembly by dividing the whole number of inhabitants of the State as ascertained by the last decennial census of the 114] United States by the number two hundred. Each county having one ratio, or less, shall be entitled to one Representative, each county having two and one-half times said ratio shall be entitled to two Repre- sentatives, each county having four times said ratio shall be entitled to three Representatives, each county having six times said ratio shall be entitled to four Representatives, and so on above that number, giving one CONSTITUTIONAL CONVENTION, 1875 219 additional member for every two and a half additional ratios. When any county shall be entitled to more than one Representative the county court shall cause such county to be subdivided into as many compact and convenient districts as such county may be entitled to Representa- tives, which districts shall be as near as may be of equal population, and the qualified voters of each of such districts shall elect one Representative who shall be a resident of such district, provided, that when any county shall be entitled to more than ten Representatives the county court shall cause such county to be subdivided into districts so as to give each district not less than two nor more than four Representatives, who shall be residents of such districts. Section 3. * No person shall be a member of the House of Repre- sentatives who shall not have attained the age of twenty four years, who shall not be a male citizen of the United States, who shall not have been a qualified voter of this State two years and an inhabitant of the county or district which he may be chosen to represent one year next before the day of his election, if such county or district shall have been so long established, but if not then, of the county or district from which the same shall have been taken, and who shall not have paid a State and county tax within one year next preceding the election. Section 4. The Senate shall consist of thirty-four members, to be chosen by the qualified voters for four years, for the election of whom the State shall be divided into convenient districts. Section 5. No person shall be a Senator who shall not have attained the age of thirty years; who shall not be a male citizen of the United States; who shall not have been a qualified voter of this State three years and an inhabitant of the district which he may be chosen to represent one year next before the day of his election, if such district shall have been so long established, but if not, then of the district or districts from which the same shall have been taken, and who shall not have paid a State and county tax within one year next preceding the election. When any county shall be entitled to more than one senator the county court shall 115] cause such county to be subdivided into as many compact and convenient districts as such county may be entitled to senators, which districts shall be as near as may be of equal population; and the qualified voters of each of such districts shall elect one Senator, who shall be resi- dent of such district. Se of Jasper Bradfield Farris Mabrey Rippey Taylor Brockmeyer Fyan Massey Roberts of St. Louis Carleton Halliburton Maxey Ross Wagner Chrisman Hardin McAfee of Morgan Wallace Conway Holliday McKillop Ross Watkins Cottey Hyer Nickerson of Polk Mr. President Crockett Norton ABSENT Shanklin 42 Allen McCabe Mortell Rueker Shackelford 6 Davis ABSENT WITH LEAVE Adams Broadhead Crews Dryden Hammond Pipkin Todd 7 The question then recurring on the adoption of Section one of the report of the Committee, and the ayes and noes being demanded by five members, Section one was adopted by the following vote: AYES Alexander Edwards Lay Priest Shanklin Boone of Iron Mabrey Ray Shields Bradfield Eitzen Massey Rider Taylor Carleton Farris Maxey Rippey of Jasper Conway Fyan McAfee Roberts Wagner Cottey Halliburton McCabe Ross Wallace Crockett Holliday McKee of Morgan Watkins Davis Hyer McKillop Ross Mr. President Dysart Johnson Nickerson of Polk 42 of Cole Norton NOES Rueker 264] Black Gantt Johnston Mortell Switzler Brockmeyer Gottschalk of Nodaway Mudd Taylor Chrisman Hale Lackland Pulitzer of St. Louis Edwards Hardin Letcher Spaunhorst 17 of St. Louis 378 JOURNAL OF THE MISSOURI ABSENT Allen Shackelford 2 ABSENT WITH LEAVE Adams Crews Hammond Pipkin Todd 7 Broadhead Dryden Mr. Maxey presented a resolution from the Patrons of Husbandry of Phelps county in regard to taxation, which was read and on motion referred to the Committee on Rev- enue and Taxation. Section two was then read. Mr. Gottschalk offered the following amendment to Section two : Amend Section two by striking out all after the word "Provided" in line six and insert in lieu thereof the following: "That when any county shall be entitled to more than ten Representatives, the county shall not be divided into representative districts, but at all elections for such Representatives, any voter may cast for any designated candidate as many votes as there are Representatives to be elected in said county, or may distribute his votes among the candidates at his discretion." which was read. Mr. Spaunhorst in the chair. Mr. Massey called for a division of the question. Mr. Mudd moved that the Convention adjourn until tomorrow morning at 9 o'clock, which was not agreed to. On motion of Mr. Brockmeyer Section two with pending amendments was laid over informally. Section three was read and adopted. Section four was than read and adopted. Section five was read and on motion of Mr. Gantt laid over informally. Section six was then read. On motion of Mr. Norton the Convention adjourned until tomorrow at 9 o'clock a. m. CONSTITUTIONAL CONVENTION, 1875 379 265] SATURDAY, JUNE 19, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. Prayer by the Rev. A. H. Parker. The journal of yesterday was read and approved. Mr. Fyan from the Committee on Representation, Representative and Senatorial Districts, submitted the fol- lowing report: Mr. President: The Committee on Representation, Representative and Senatorial Districts to which was referred the resolution "to district the State for the election of State Senators, etc." respectfully submit the following provision to be incorporated as a section in Article of the Consti- tution. Section — . Until the State shall be divided into senatorial districts in accordance with the provisions of this article the said districts shall stand and be numbered as follows: First District shall be composed of the counties of Andrew, Holt, Nodaway and Atchison. Second District — The counties of Buchanan, DeKalb, Gentry and Worth. Third District — -The counties of Clay, Clinton and Platte. Fourth District — The counties of Caldwell, Ray, Daviess and Har- rison. Fifth District — The counties of Livingston, Orundy, Mercer and CarroU. Sixth District — The counties of Linn, Sullivan, Putnam and Chariton. Seventh District — The counties of Randolph, Howard and Monroe. Eighth District — The counties of Adair, Macon and Schuyler. Ninth District — The counties of Audrain, Boone and CaUaway. Tenth District — The counties of St. Charles and Warren. Eleventh District — The counties of Pike, Lincoln and Montgomery. Twelfth District — The counties of Lewis, Clark, Scotland and Knox. Thirteenth District — The counties of Marion, Shelby and Polk. Fourteenth District — The counties of Bates, Cass and Henry. Fifteenth District — The county of Jackson. Sixteenth District — The counties of Vernon, Barton, Jasper, New- ton and McDonald. 266] Seventeenth District — The counties of Lafayette and Johnson. 380 JOURNAL OF THE MISSOURI Eighteenth District — The oounties of Greene, Lawrence, Barry, Stone and Christian. Nineteenth District — The counties of Saline, Pettis and Benton. Twentieth District — The counties of Polk, Hickory, Dallas, Dade, Cedar and St. Clair. Twenty-first District — The counties of Laclede, Webster, Wright, Texas, Douglas, Taney, Ozark and Howell. Twenty-second District — The counties of Phelps, Osage, Miller, Maries, Camden, Pulaski and Crawford. Twenty-third District — The counties of Washington, Jefferson, St. Francois, Ste. Genevieve and Perry. Twenty-fourth District — The counties of Iron, Madison, Bollinger, Wayne, Butler, Reynolds, Carter, Ripley, Oregon, Shannon and Dent. Twenty-fifth District — The counties of Franklin and Gasconade. Twenty-sixth District — The counties of Cape Girardeau, Mississippi, New Madrid, Pemiscot, Dunklin, Stoddard and Scott. Twenty-seventh District — Cooper, Moniteau, Morgan and Cole. St. Louis, seven districts, numbered respectively as follows: Twenty- eight, Twenty-nine, Thirty, Thirty-one, Thirty-two, Thirty-three and Thirty-four. And the Committee further reports as a proviso to be added to Sec- tion seven of this article as follows: Provided, That if at any time or from any cause, the General As- sembly shall fail or refuse to district the State for Senators, as required in this section, it shall be the duty of the Governor, Secretary of State and Attorney-General to perform said duty, and to file in the office of said Secretary of State a full statement of the said districts formed by them and signed by them officially and attested by the Great Seal of State including the names of the counties embraced in each district and the members of said district and upon the proclamation of the Governor the same shall be as binding and effectual as if done by the General Assembly. E. H. Norton, Chairman. which was read and on motion laid over informally and one hundred fifty copies ordered printed. Mr. Dysart presented a petition from the members of 267] the Macon county bar in relation to creating, by con- stitutional provision, a system of common pleas courts by judicial districts to have original jurisdiction of all probate business and such further jurisdiction as may seem proper, which was read and on motion referred to the Committee on Judicial Department. Mr. Switzler offered the following as an additional rule to the standing rules of the Convention: CONSTITUTIONAL CONVENTION, 1875 381 That each speaker be limited to ten minutes, unless, on leave of a majority of the Convention, the time is extended. which was read and laid over under the rules. Mr. Wallace presented a petition from the taxpayers of Miami township. Saline county, in relation to the re- duction of taxes and especially the tax for the support of public schools, which was read and on motion referred to the Committee on Education. The Convention resumed the consideration of the re- port of the Committee on Representation, Representative and Senatorial Districts pending at adjournment. Mr. Bradfield moved to reconsider the vote by which Section four was adopted, which was agreed to. Mr. Bradfield offered the following substitute for Sec- tion four: The Senate shall consist of thirty-four members to be chosen by the qualified voters of their respective districts for four years; for the election of whom the State shall be divided into convenient districts as nearly equal in population as may be, the same to be ascertained by the last decennial census taken by the United States. which was read. Mr. Spaunhorst offered the following amendment to the substitute: Amend the substitute by striking out the word "whom" and insert in lieu thereof the word "Senators." which was read and agreed to. The substitute as amended was adopted. The question recurring on the adoption of Section four as amended by the substitute, it was adopted. Section six was then read and, on motion of Mr. Spaun- horst, rejected. Section seven was read. Mr. Bradfield offered the following amendment to Sec- tion seven: 268] Amend Section seven by adding the following words: ''Pro- vided, That if at any time or from any cause the General Assembly shall fail or refuse to district the State for Senators, as required in this Section, it shall be the duty of the Governor, Secretary of State, and Attorney- General, within thirty days after the adjournment of the General As- 382 JOURNAL OF THE MISSOURI sembly on which such duty devolves, to perform the said duty and to file in the oflQce of the Secretary of State, a full statement of the districts formed by them, including the names of the counties embraced in each district and the number of same, said statement to be signed by them and attested by the Great Seal of the State and upon the proclamation of the Governor the same shall be as binding and effectual as if done by the Gen- eral Assembly." which was read and agreed to. Section seven as amended was then adopted. Section eight was read. Mr. Pulitzer offered the following amendment to Sec- tion eight: Amend by striking out the word "Greene" in the sixth line. which was read and rejected. Section eight was then adopted. Section nine was read and adopted. Section ten was read. Mr. Wallace offered the following amendment to Sec- tion ten: Amend Section ten by adding thereto the following: "Provided, however, that the Senate as now constituted shall so remain until the meeting of the regular session of the General Assembly after the general election in the year eighteen hundred and seventy-six." which was read and rejected. Mr. Shanklin offered the following amendment to Sec- tion ten: Amend Section ten by striking out after the words, "Eighteen hun- dred and seventy-six," in the second line down to and including the word "class" in the fourth line and insert in lieu thereof the following: "When the whole number of Representatives and the Senators from the dis- tricts having odd numbers (who shall compose the first class) shall be chosen." which was read and agreed to. Section ten as amended was then adopted. Section eleven was read and on motion laid over in- formally. 269] Section two, passed over informally yesterday, was taken up, with pending amendment offered by Mr. Gott- schalk. CONSTITUTIONAL CONVENTION, 1875 383 Mr. Gottschalk, by unanimous consent of the Conven- tion, withdrew his amendment. Mr. Gantt offered the following substitute for Section two: When any county shall be entitled to more than one Representative the county court shall cause such county to be subdivided into districts corresponding in number to the Representatives to which such county is entitled, and in population as nearly equal as may be, in each of which the qualified voters shall elect one Representative who shall be a resident of such district: Provided, That when any county shall be entitled to more than ten Representatives the circuit court shall cause such county to be subdivided into districts, so as to give each district not less than two nor more than four Representatives, who shall be residents of such districts; the population of the districts to be apportioned to the number of Representatives to be elected therefrom. which was read. Mr. Massey ofYered the following amendment to the substitute: And -provided iurther that no voter shall be allowed to vote for more than one Representative at the same election. which was read and rejected. Mr. Shields offered the following amendment to Sec- tion two: Amend Section two as follows: Strike out the word "county" in the seventh line and insert the word "circuit" in lieu thereof, and insert after the word "district" in the ninth line the words, "which said dis- tricts shall contain a population proportionate to the number of members to be therein elected." which was read and agreed to. Mr. McCabe offered the following amendment to the substitute: Amend by inserting after the word "districts" in line four the words, ."of compact and contiguous territory." which was read and agreed to. On motion of Mr. Gottschalk, leave of absence was granted Messrs. Eitzen and Pulitzer. On motion of Mr. Bradfield, leave of absence was 270] granted to Mr. Lackland. On motion of Mr. Shanklin, leave of absence was granted Mr. Allen. 384 JOURNAL OF THE MISSOURI On motion of Mr. Rippey, leave of absence was granted Mr. Spaunhorst. On motion of Mr. McKillop, leave of absence was granted Mr. Johnston of Nodaway. On motion of Mr. Farris, leave of absence was granted Mr. Holliday. On motion of Mr. Brockmeyer, leave of absence was granted Mr. Edwards of St. Louis. On motion of Mr. Alexander, leave of absence was granted Mr. Conway. Mr. Massey offered the following amendment to the substitute: And provided jurther, that every voter in the State be permitted to vote for the same number of persons to the House of Representatives as allowed in St. Louis or any other county by this section. which was read. The ayes and noes being demanded by five members, the amendment was rejected by the following vote: Massey AYES NOES Alexander Edwards Hyer Nickerson Taylor Black of Iron Johnson Priest of Jasper Boone Farris of Cole Ray Taylor Bradfield Fyan Lay Rider of St. Louis Brockmeyer Gantt Letcher Rippey Wagner Carleton Gottschalk Mabrey Roberts Wallace Chrisman Hale Maxey Rucker Watkins Cottey Halliburton McAfee Shackelford Mr. President Dysart Hammond McCabe Shanklin 43 Hardin McKillop ABSENT Shields Crockett Mortell Ross Ross Switzler 8 Davis Mudd of Morgan of Polk McKee ABSENT WITH LEAVE Adams Conway Edwards Johnston Pulitzer Allen Crews of St. Louis of Nodaway Spaunhorst Broadhead Dryden Eitzen Lackland Todd 15 Holliday SICK Pipkin Norton CONSTITUTIONAL CONVENTION, 1875 385 The question recurring on the adoption of the substi- tute as amended, the ayes and noes being demanded by five members, the substitute was adopted by the following vote: 271] AlexanderEdwards Black Bradfield Brockmeyer Carleton Chrisman Cottey Dysart Boone Crockett Davis McKee Adams Allen Broadhead Norton of Iron Farris Fyan Gantt Gottschalk Hale Hardin Hyer AYES Johnson of Cole Lay Letcher Mabrey Maxey McAfee MeCabe McKillop Nickerson Priest Ray Rider Roberts Rucker Shields Taylor of Jasper Taylor of St. Louis Watkins Shackelford Mr. President Shanklin 37 NOES Halliburton Hammond Massey Mortell Mudd Rippey ABSENT Ross of Morgan Ross of Polk Wallace Switzler Wagner 10 ABSENT WITH LEAVE Conway Edwards HoUiday Pipkin Crews of St. Louis Johnston Pulitzer Dryden Eitzen of Nodaway Spaunhorst Lackland Todd 15 SICK Section two as amended by the substitute was then adopted. Mr. Black from the Committee on Boundaries and Political Subdivisions of the State submitted the following report: REPORT OF COMMITTEE ON BOUNDARIES AND POLITICAL SUBDIVISIONS OF THE STATE. ARTICLE BOUNDARIES The boundaries of the State as now established are hereby satisfied and confirmed. The State shall have concurrent jurisdiction on the 13 386 JOURNAL OF THE MISSOURI river Mississippi, and every other river bordering on the State, so far as the said rivers shall form a common boundary to this State and any other state or states; and the river Mississippi and the navigable rivers and waters leading to the same shall be common highways and forever free to the citizens of this State and of the United States without any tax, duty, import or toll therefor, imposed by this State. ARTICLE COUNTIES, CITIES, AND TOWNS Section 1. The several counties of this State as they now exist are herebj' recognized as legal subdivisions of the State. Section 2. The General Assembly shall have no power to remove the countj^ seat of any countj', but the removal of county seats shall be 272] provided for by general law; and no county seat shall be removed unless two-thirds of the qualified voters of the county, voting on the prop- osition at a general election, shall vote therefor; and no such proposition shall be oftener submitted than once in five years. No compensation or indemnity for real estate or the improvements thereon, affected by such removal, shall be allowed. Section 3. The General Assembly shall have no power to establish any new county with a territory of less than five hundred square miles, or with a population less than the ratio of representation existing at the time, nor to reduce any county now established to less than that area or to a less population than such ratio. Section 4. No county shall be divided or have any part stricken therefrom or added thereto without submitting the question to a vote of the people of the county; nor unless a majority of all the qualified voters of the county or counties thus affected, voting on the question shall vote therefor. When a new county is established it shall be holden for and obliged to pay its proportion of all the liabilities, then existing, of the county or counties from which it is formed. Section 5. No county, township, city, town or any subdivision thereof shall hereafter become subscriber to the capital stock of any railroad or private corporation, or make donation to, or loan its credit to, or in aid of any such corporation. Section 6. The General Assembly shall provide bj^ general laws for the organization and classification of cities and towns. The number of such classes shall not exceed four and the powers of each class shall be defined by general law, so that all such municipal corporations of the same class shall possess the same powers and be subject to the same re- strictions. Section 7. The General Assembly shall pass no local or special law incorporating any city, town or village, or changing, altering or amending the charter of any city, town or village, but the General Assembly shall make provision by general law whereby any city, town 273] or village, existing by virtue of any special or local law may elect to become subject to and governed by the general laws relating to such corporations. F. M. Black, Chairrnan. CONSTITUTIONAL CONVENTION, 1875 387 which was read and on motion laid over informally and one hundred and fifty copies ordered printed. The President laid the following communication before the Convention: Columbia, Mo., June 18, 1875. To the Hon. Waldo P. Johnson, President of the Constitutional Convention, State oj Missouri. Sir: I desire through you to extend an invitation to the honorable body over which you preside, to visit the University of the State, and examine its condition; and especially to be present at the commencement which takes place on Thursday, the 24th inst., the exercises beginning at 9 o'clock a. m. I need not add that the presence of such a body as the Convention, assembled for the highest object of the State, would be regarded as a most interesting event, and have an inspiring influence upon the young men of the State engaged in a course of education. With the highest respect, I have the honor to be your obedient servant, Daniel Read. Mr. McAfee offered the following resolution: - Resolved, That the thanks of the Convention be tendered to the President of the State University, for his letter of invitation just read, and the members hereby express their regret that their duties preclude them from availing themselves of the pleasure of accepting the same. which was read and adopted. On motion of Mr. Shields the Convention adjourned until Monday at 9 o'clock a. m. 274] MONDAY, JUNE 21, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. The journal of Saturday was read and approved. Mr. Shankiin, from the Committee on Boundaries and Political Subdivisions of the State, submitted the fol- lowing views of the minority of said Committee and recom- mended the adoption of the accompanying amendment to the majority report of the Committee: 388 JOURNAL OF THE MISSOURI Mr. President: The undersigned, a minority of the Committee on Boundaries and Political Subdivisions of the State, have been unable to concur with a majority of the Committee in respect to the limitations upon the Gen- eral Assembly, in organizing new counties. On some of the leading rail- roads of the State populous towns have sprung up which are centers of large and rapidly growing agricultural districts of country, all situated at su^ch great distances from any county seat, as to make their business necessarih^ done at the county seat, exceedingly expensive. While we are of the opinion that no provision ought to be made which would result in the formation of any considerable number of new counties, yet, we re- spectfully insist that where there is a territory, say of four hundred square miles, containing a population of one representative ratio whose population by a two-third vote desire the formation of a new county by so doing the territory of said adjoining counties would not be from ter- ritory of adjoining counties whereby reduced below four hundred square miles, or below one ratio of population, and when the formation of such territory into a county would not reduce any county so that any of its lines would run within ten miles of any established county seat, such territory ought to be organized into a county. Entertaining these views we respeetf uUj^ submit the section below as a substitute for Sections three and four of the report of the majority. Respectfully submitted, J. H. Shanklin, John F. Rucker. 275] No new county shall be established with a territory of less than four hundred square miles, or with a population less than the ratio of representation existing at the time, nor shall any county as now estab- lished be reduced to less than that or to less than that number of inhabi- tants, nor shall any new county be formed unless two-thirds of the quali- fied voters within the district composing the limits of such proposed new county, voting at an election held for that purpose, shall vote therefor: nor shall any new county be established, any line of which shall run within ten miles of the then existing county seat of any county. In all cases of the establishment of any new county, the new county shall be held for and obliged to pay its rateable proportion of all the liabilities then existing of the county or counties from which said new county shall be formed. which was read and on motion laid over informally and one hundred and fifty copies ordered printed with the report of the Committee. The Convention resumed the consideration of the report of the Committee on Representation, Representative and Senatorial Districts pending at adjournment. On motion of Mr. Norton, the further consideration of the report, together with the report of the Committee Re- CONSTITUTIONAL CONVENTION, 1875 3'89 districting the State into Senatorial Districts was post- poned and made the special order for Wednesday, June 23, 1875, at 9 o'clock a. m. Mr. Todd presented a petition from the St. Louis Medical Society in relation to making constitutional pro- vision for such legislation as may be required to establish and maintain at public expense an institution for the care and training of feeble-minded children, which was read and on motion referred to the Committee on Miscellaneous Provisions. Mr. Priest called up the resolution offered by Mr. Switzler on Saturday as an additional rule to the standing rules of the Convention. Mr. Shields offered the following amendment to the resolution: Amend by striking out the word "ten" and insert in lieu thereof the word "fifteen." which was read and agreed to. The question recurring on the adoption of the rule as 276] amended, and the ayes and noes being demanded by five members, the resolution as amended was adopted by the following vote: AYES Alexander Edwards Massey Rippey Shanklin Boone of Iron Maxey Roberts Switzler Carleton Eitzen McAfee Ross Taylor Chrisman Farris McKee of Morgan of Jasper Cottey Fyan McKillop Ross Wagner Crockett Gottschalk Nickerson of Polk Wallace Dysart Hale Norton Rucker Watkins Hyer Priest Shackelford Mr. President 35 Bradfield Brockmeyer Davis Gantt Halliburton Hammond Hardin Holliday NOES Johnson of Cole Mabrey McCabe Mudd Ray Rider Shields Taylor of St. Louis Todd 17 Lay Letcher ABSENT Mortell Adams Black Allen Conway Broadhead Crews 390 JOURNAL OF THE MISSOURI ABSENT WITH LEAVE Dryden Johnston Pipkin Edwards of Nodaway Pulitzer of St. Louis Lackland Spaunhorst 13 On motion of Mr. Farris the report of the Committee on Judicial Department was taken up. Section one was read. Mr. Farris offered the following amendment to Section one: Amend Section one by striking out all after the word "in" in the fourth line and insert the following: "one appellate court in the city of St. Louis inferior to the Supreme Court as is hereinafter provided for." which was read. Mr. Farris, by unanimous consent of the Convention, withdrew his amendment. Mr. Halliburton offered the following amendment to Section one: Amend Section one by striking out all after the word "courts'' where it first occurs in the fourth line. which was read. Mr. Dysart offered the following substitute for Section one of the report of the Committee: Section 1. The judicial power of the State shall be vested in a Supreme Court, appellate courts, circuit courts, county courts, justices of the peace, and such police courts, inferior to the circuit courts, as may be established by the Legislature for towns. 277] which was read. The question recurring on agreeing to the amendment offered by Mr. Halliburton to Section one, it was rejected. Mr. Johnson of Cole moved that the further considera- tion of Section one and pending amendments be laid over informally, which was agreed to. Section two was then read and adopted. Section three was read. Mr. Shields offered the following amendment to Sec- tion three: Amend Section three by striking out the words "without a jury" in the fourth line. which was read. CONSTITUTIONAL CONVENTION, 1875 391 Five members demanding the ayes and noes, the amend- ment was agreed to by the following vote: AYES Alexander Edwards Johnson Mudd Switzler Boone of Iron of Cole Priest Todd Bradfield Farris Mabrey Rider Wallace Broekmeyer Fyan McAfee Roberts Watkins Cottey Halliburton McKee Shanklin Mr. President Crockett HoUiday McKillop Shields 28 Davis NOES Carleton Gottschalk Lay Norton Taylor Chrisman Hale Letcher Rippey of Jasper Dysart Hammond Massey Ross Taylor Eitzen Hardin MeCabe of Polk of St. Louis Gantt Hyer Nickerson ABSENT Shackelford Wagner 22 Maxey Mortell Ray Ross of Morgan Rucker 5 Adams Broadhead AUen Conway Black Crews ABSENT WITH LEAVE Dryden Johnston Pipkin Edwards of Nodaway Pulitzer of St. Louis Lackland Spaunhorst 13 Mr. Shanklin offered the following amendment to Sec- tion three: Amend Section three by striking out the word "tribunals" in the second line and insert the words, "courts of law," in lieu thereof. which was read and agreed to. The question then recurring on the adoption of Section three as amended, it was adopted. Section four was read. Mr. Letcher offered the following amendment to Sec- tion four: 278] Amend Section four by striking out the word "ten" in the first line and inserting in lieu thereof the word "six." which was read. Mr. Ross of Polk moved that Section four and pending amendments be laid over informally, which was not agreed to. 392 JOURNAL OF THE MISSOURI Mr. . Dysart offered the following amendment to the amendment offered by Mr. Letcher: Amend the amendment by substituting for the word "six" the word "twelve." which was read and rejected. The question recurring on agreeing to the amendment offered by Mr. Letcher, it was rejected. Mr. Gantt offered the following amendment to Section four: Amend Section four by striking out the second and third lines and insert in lieu thereof the following: "The judge whose commission is the oldest shall be the presiding judge of the court." which was read. Mr. Johnson of Cole offered the following amendment to the amendment: Provided, If there be two or more judges holding commissions of the same date, one of them who has been a member of the Missouri bar the longest shall preside. which was read and rejected. Mr. Todd offered the following amendment to Section four: Amend by striking out the last two lines and inserting these words: "The judge holding the oldest license to practice in the courts of the State shall be the presiding judge of the court." which was read. The question being on agreeing to the amendment of- fered by Mr. Gantt, it was rejected. The question recurring on agreeing to the amendment offered by Mr. Todd, it was rejected. Mr. Ross of Polk offered the following amendment to Section four: Amend by adding: "Provided, This shall not apply to a judge elected 279.] or appointed to fill a vacancy." which was read and rejected. Mr. Johnson of Cole offered the following amendment to Section four: Amend by striking out the words, "the shortest time to serve," in the second line and insert "serve the longest time." which was read and rejected. CONSTITUTIONAL CONVENTION, 1875 393 Mr. Shields offered the following substitute for Section four: The judges of the Supreme Court shall hold office for the term of ten years. The judge oldest in commission shall be the Chief Justice of the court; and if there be more than one commission of the same date the court may select the Chief Justice from the judges holding the same. which was read and adopted. Mr. Ross of Polk offered the following amendment to the substitute: Amend by striking out the word "ten" in the first line and inserting in lieu thereof the word "nine." which was read and rejected. The question recurring on the adoption of Section four as amended by the substitute, it was adopted. Section five was read. Mr. Roberts offered the following amendment to Sec- tion five: Amend Section five by striking out all after the word "elected" and inserting in lieu thereof the words, "by the qualified voters of the State." which was read. Mr. Ross of Polk offered the following substitute for Section five and pending amendment: The Supreme Court shall consist of three judges, a majority of whom shall constitute a quorum to transact business, and the said judges shall be conservators of the peace throughout the State, and shall be elected from separate districts. which was read. Mr. Switzler offered the following resolution: Resolved, That the Committee on Education have leave of absence to attend the commencement exercises at the State University at Colum- bia, which occurs on Thursday, 24th inst. which was read and adopted, 280] On motion of Mr. Switzler, the Convention ad- journed until 2 o'clock p. m. 394 JOURNAL OF THE MISSOURI AFTERNOON SESSION The Convention met pursuant to adjournment, the President in the chair. On motion of Mr. Rucker, leave of absence was granted Mr. Taylor of Jasper. The Convention resumed the consideration of the amendment offered by Mr. Roberts to Section five of the report of the Committee on Judicial Department pending at adjournment. Mr. Hale moved that Sections five, six, seven, eight and nine, with pending amendments, be laid over informally, which was agreed to. Section ten was read. Mr. Dysart offered the following amendment to Sec- tion ten: Amend Section ten by striking out all before the word "No" in the first line. which was read and rejected. Mr. Johnson of Cole offered the following amendment to Section ten: Amend by adding the words, "unless, upon a presentation of a copy of the record, the Supreme Court shall allow the same." which was read and agreed to. Mr. Lay offered the following amendment: Amend Section ten by striking out all after the words, "Section ten," in the first line. which was read. The Chair stated that this was the same as a motion to reject and would come upon the motion to adopt the section. The question recurring on the adoption of Section ten as amended, and the ayes and noes being demanded by five members, it was rejected by the following vote: AYES Bradfield Brockmej'er Chrisman Crews Eitzen Broadhead Carleton Cottey Dysart Gantt CONSTITUTIONAL CONVENTION, 1875 395 Hale Letcher Ross Switzler Todd Hammond McCabe of Polk Taylor Wagner Hyer Ray Shields of St. Louis Mr. President Johnson Rippey 25 of Cole NOES Alexander Fyan Lay McKillop Rider Boone Gottsehalk Mabrey Mudd Roberts Crockett Halliburton Maxey Nickerson Shackelford Edwards Hardin McAfee Norton Wallace of Iron HoUiday McKee Priest Watkins 25 Farris ABSENT 281] Davis Mortell Ross Rucker Shanklin 6 Massey of Morgan ABSENT WITH LEAVE Adams Dryden Johnston Pipkin Taylor Allen Edwards of Nodaway Pulitzer of Jasper 12 Black of St. Louis Lackland Spaunhorst Conway On motion of Mr. Hammond the Convention adjourned until tomorrow, at 9 o'clock a. m. TUESDAY, JUNE 22, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. Prayer by the Rev. C. C. Woods. The journal of yesterday was read and approved. Mr. Switzler presented a memorial from Messrs. Nor- man J. Colman, John LaDue and Jas. S. Rollins, ap- pointed as a committee by the Board of Curators of the University of the State of Missouri in relation to the inter- ests of the State University, and recommended that there be set aside by the organic law of the State such competent endowment as shall place the University of the State upon a permanent substantial basis and afford it the means of progress and enlargement, which was read. 396 JOURNAL OF THE MISSOURI The Convention resumed the consideration of the report of the Committee on Judicial Deparment pending at ad- journment. Section eleven was read. Mr. Johnson of Cole offered the following amendment to Section eleven: Amend Section eleven by striking out all after the word "law" in the second line and insert the following: "shall be held on the first Mondaj^ in September of each year." which was read and rejected. Mr. Taylor of St. Louis offered the following substitute for Section eleven as reported by the Committee: Strike out Section eleven and insert in lieu thereof the following: "The Supreme Court shall be held at Jefferson City and at St. Louis, at such times as may be prescribed by law." which was read. 282] Mr. Roberts offered the following amendment to the substitute offered by Mr. Taylor of St. Louis: Amend by inserting "St. Joseph" after the word "St. Louis." which was read. Mr. Hammond offered the following amendment to the amendment offered by Mr. Roberts: Amend by adding after the word "St. Joseph" the word "Bruns- wick." which was read. Mr. Taylor of St. Louis, by unanimous consent of the Convention, withdrew his substitute for Section eleven. Messrs. Roberts and Llammond, by unanimous consent of the Convention, withdrew their amendments. The question recurring on the adoption of Section eleven, it was adopted. Mr. Spaunhorst in the chair. Section twelve was read and adopted. Section thirteen was read. Mr. Boone moved that Section thirteen be passed over informally, which was agreed to. Section fourteen was read. CONSTITUTIONAL CONVENTION, 1875 397 Mr. Gantt offered the following amendment to Sec- tion fourteen: Section 14. Strike out all after "county" in line six and insert "Appeals shall be from the decisions of said St. Louis Court of Appeals to the Supreme Court and writs of error may issue from the Supreme Court to the said Court of Appeals in the following cases only: In all cases where the amount claimed, exclusive of costs, exceeds twenty-five hundred dollars; in cases involving the construction of the Constitution of the State or the revenue laws thereof, or the title to any office under the State; in cases involving the title to real estate; in cases where a county or other political subdivision of the State or any State officer is a party and in all cases of felony." which was read and rejected. Mr. Todd offered the following amendment to Section fourteen: Amend Section fourteen by adding the following words: "any of which eases may be taken to the Supreme Court, by appeal, or writ of error, directly from the circuit court, when demanded by either party, within such time as shall be prescribed bj^ law or rule of court." 283] which was read and rejected. Mr. Shields offered the following amendment to Sec- tion fourteen: Amend Section fourteen by striking out the word "claimed" in the eighth line and insert the word "dispute." which was read and agreed to. Mr. Dysart offered the following substitute for Section fourteen: The State shall be divided into two judicial appellate districts, to be known as the "Northern" and "Southern" districts, in each of which three judges, residents therein, shall be elected by qualified electors thereof. which was read and rejected. On motion of Mr. Holliday, leave of absence was granted Mr. Farris. On motion of Mr. Johnston of Nodaway, leave of ab- sence was granted Mr. McKillop. The question recurring on the adoption of Section four- teen as amended, and the ayes and noes being demanded by five members, the section as amended was adopted by the following vote: 398 JOURNAL OF THE MISSOURI AYES Allen Eitzen Johnston Priest Shields Alexander Fyan of Nodaway Ray Spaunhorst Boone Gantt Lay Rider Switzler Bradfield Gottschalk Mabrey Rippey Taylor Broadhead Hale ■ Massey Roberts of St. Louis Chrisman Hammond McAfee Ross Wagner Cottey Hardin MeCabe of Morgan Wallace Crockett Holliday McKee Ross Watkins Davis Hyer Mudd • of Polk Mr. President Edwards Johnson Nickerson Shackelford 47 of Iron of Cole Norton NOES Shanklin Crews Dysart Halliburton Letcher Todd 5 ABSENT Brockmeyer Carleton Maxey Mortell ABSENT WITH LEAVE Adams Dryden Farris Pipkin Black Edwards Lackland Pulitzer Conway of St. Louis McKillop Rucker Taylor of Jasper 11 On motion of Mr. Fyan the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION The Convention met pursuant to adjournment, the President in the chair. The Convention resumed the consideration of the report of the Committee on Judicial Department. Section fifteen was read. Mr. Gantt ofTered the following substitute for Section fifteen: 284] Strike out Section fifteen and substitute therefor the following: "At the first general election after the adoption of this Constitution, three judges of said court shall be elected by the qualified voters of St. Louis county, who shall hold their office for twelve years from the first day of January next ensuing. If the office of any such judge shall become va- cant by death, resignation or otherwise, the Governor shall appoint a suitable person, who shall hold his office until the first day of January CONSTITUTIONAL CONVENTION, 1875 399 following the first general election after, and more than thirty days dis- tant from the occurrence of such vacancy; and at such general election a judge shall be elected who shall hold his office for twelve years from the first day of January thereafter. These judges shall be residents of St. Louis county, shall possess the same qualifications as judge of the Supreme Court and shall receive the same compensation as is now or may be provided by law for the judges of the circuit court of St. Louis county and be paid from the same power." which was read. Mr. Mudd offered the following amendment to the substitute: Amend the substitute by striking out the word "twelve" wherever it occurs and insert the word "eight." which was read. The ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES Allen Davis Hale Johnston Priest Alexander Edwards Halliburton ■ of Nodaway Ray Boone of St. Louis Hardin Mabrey Rippey Carleton Fyan Johnson Maxey Roberts Crews Gottschalk of Cole NOES Mudd Shields Watkins 23 Adams Edwards McAfee Ross Switzler Bradfield of Iron McCabe of Polk Todd Broadhead Eitzen McKee Rucker Wagner Chrisman Gantt McKillop Shackelford Wallace Cottey Hammond Norton Shanklin Mr. President Dysart Holliday Hyer Rider ABSENT Spaunhorst 28 Brockmeyer Letcher Mortell Ross Taylor Crockett Massey Nickerson of Morgan of St. Louis 9 Lay ABSENT WITH LEAVE 285] Black Dryden Lackland Pulitzer Taylor Conway Farris Pipkin of Jasper 8 The question recurring on the adoption of the substi- tute offered by Mr. Gantt, it was rejected. 400 JOURNAL OF THE MISSOURI Mr. Mudd offered the following amendment to Section fifteen: Amend Section fifteen by striking out the word ."twelve" in line three and insert the word "six." which was read and rejected. The question recurring on the adoption of Section fif- teen, it was adopted. Section sixteen was read. Mr. Todd offered the following amendment to Section sixteen: Amend Section sixteen by striking out all the words after the word "quorum" in the second line and insert the following in lieu thereof: "and the judge holding the oldest license to practice law in this State shall be the presiding judge of said court." which was read and rejected. Mr. Johnson of Cole in the chair. Mr. Broadhead offered the following amendment to Section sixteen: Amend Section sixteen by adding the following: "There shall be two terms of said court to be held each year on the first Mondays of March and October, and the first term of said court shall be held on the first Monday of January, 1876." which was read and agreed to. Section sixteen as amended was then adopted. Section seventeen was read. Mr. Todd offered the following amendment to Section seventeen: Amend Section seventeen by striking out all after the word "writing" in line one and insert the following: "and shall be filed in the cases in which they shall be respectively made and become parts of their record, and all laws relating to the practice in the Supreme Court shall apply to this court so far as the same may be applicable." which was read. Five members demanding the ayes and noes, the amend- ment was agreed to by the following vote: AYES 286] Adams Boone Carleton Crews Dysart Allen Bradfield Chrisman Crockett Edwards Alexander Broadhead Cottey Davis of Iron CONSTITUTIONAL CONVENTION, 1875 401 Edwards Johnson McKillop Roberts Switzler of St. Louis of Cole Mortell Ross Taylor Eitzen Lay Mudd of Morgan of St. Louis Fyan Mabrey Nickerson Ross Todd Gantt Massey Pipkin of Polk Wagner Hale Maxey Priest Shackelford Wallace Halliburton McAfee Ray Shanklin Wat kins Hammond McCabe Rider Shields Mr. President Hardin McKee Rippey Spaunhorst 54 Hyer NOES ■ Gottschalk Johnston of Nodaway ABSENT 2 Brockmeyer Holliday Letcher Norton Rucker 5 ABSENT WITH LEAVE Black Farris Lackland Pulitzer Taylor Dryden EXCUSED of Jasper 6 Conway 1 Section seventeen as amended was then adopted. Section eighteen was read. Mr. Gottschalk offered the following amendment to Section eighteen: Amend Section eighteen by striking out the words, "after the adop- tion of this Constitution," in lines one and two, and insert in lieu thereof the words, "in the year 1878." which was read and agreed to. Mr. Todd offered the following amendment to Section eighteen: Amend Section eighteen by adding the following words: "The judge having the oldest license to practice law in this State shall be the presiding judge of said court." which was read and agreed to. Section eighteen as amended was then adopted. Section nineteen was read. Mr. Gottschalk offered the following amendment to Section nineteen: 402 JOURNAL OF THE MISSOURI Amend Section nineteen by striking out the word "seventy-seven" in line three and insert in lieu thereof the word "seventy-nine." which was read and agreed to. Section nineteen as amended was then adopted. Section twenty was read and adopted. Section twenty-one was read and adopted. Section twenty-two was read and adopted. Section twenty-three was read and adopted. Mr. Shackelford moved to reconsider the vote by which Section sixteen was adopted, which was agreed to. Section sixteen was then taken up. Mr. Todd ofTered the following amendment to Section sixteen 287] Amend Section sixteen by staking out all after the word "quo- rum" in line two, down to and including the word "court" in line three. which was read and agreed to. Section sixteen as amended was then adopted. Mr. Gantt offered the following as an additional section to the report of the Committee: The Supreme Court of the State of Missouri and the St. Louis Court of Appeals shall have power by rule to prescribe the practice of their re- spective courts. which was read. Mr. Shanklin offered the following to the proposed section: Amend the proposed section by striking out after the word "the" first occurring in the first line, the words, "Supreme Court of the State of Missouri, and the." which was read and rejected. The question recurring on the adoption of the proposed section offered by Mr. Gantt, and the ayes and noes being demanded by five members, the section was rejected by the following vote: AYES Gantt Todd NOES Adams Boone Chrisman Crews Dysart Allen Bradfield Conway Crockett Edwards Alexander Carleton Cottey Davis of Iron CONSTITUTIONAL CONVENTION, 1675 403 Edwards Hyer McKee Rippey Spaunhorst of St. Louis Johnson McKillop Roberts Switzler Eitzen of Cole Mortell Ross Taylor Fyan Johnston Norton of Morgan of St. Louis Gottschalk of Nodaway Pipkin Ross Wagner Hale Mabrey Priest of Polk Wallace Halliburton Massey Pulitzer Shackelford Wat kins Hammond McAfee Ray Shanklin Mr. President Hardin McCabe Rider Shields 53 Holliday ABSENT Broadhead Letcher Mudd Nickerson Rucker 7 Brockmeyer Maxey ABSENT WITH LEAVE Black Dryden Farris Lackland Taylor of Jasper 5 SICK Lay Mr. Shields offered the following as a new section to the report of the Committee: 288] The Supreme Court of the State shall designate what opinion delivered by the court or the judges thereof may be printed at the ex- pense of the State; and the General Assembly shall make no provision for payment by the State for the publication of any case decided by said court not so designated. which was read and adopted. Mr. Shanklin offered the following as a new section to the report of the Committee: All judicial decisions in this State shall be free for publication by any person. which was read and adopted. On motion of Mr. Holliday the Convention adjourned until tomorrow, at 9 o'clock a. m. WEDNESDAY, JUNE 23, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. The journal of yesterday was read and approved. 404 JOURNAL OF THE MISSOURI The special order being the consideration of the report of the Committee on Representation, Representative and Senatorial Districts, it was taken up. Mr. Hale moved to postpone the further consideration of the report until 9 o'clock and 30 minutes a. m., which was agreed to. Mr. Hale then called up the resolution offered by Mr. Spaunhorst on the 18th inst. in relation to the adjournment of the Convention until January 5, 1876. On motion of Mr. Watkins, leave of absence was granted Mr. Carleton. Mr. Alexander moved to lay the resolution to adjourn on the table. The ayes and noes being demanded by five members, the motion to lay on the table was adopted by the following vote: AYES 289] Adams Edwards Johnson Niekerson Shackelford Allen of Iron of Cole Norton Shanklin Alexander Fyan Lay Priest Taylor ' Boone Gantt Letcher Ray of St. Loui« Bradfield Hale Mabrey Rider Todd Chrisman Halliburton Massey Rippey Wagner Conway Hammond Maxey Roberts Wallace Cottey Hardin McAfee Ross Mr. President Crews Holliday McKee of Polk 42 Crockett Hyer NOES Broadhead Dysart Gottschalk Mudd Shields Brockmeyer Edwards Johnston Pipkin Spaunhorst Davis of St. Louis of Nodaway Pulitzer Watkins 16 Dryden Eitzen McKillop Mortell Rucker ABSENT Black Carleton Ross of Morgan Farris Lackland ABSENT WITH LEAVE McCabe Switzler EXCUSED Taylor of Jasper 7 CONSTITUTIONAL CONVENTION, 1875 405 On motion of Mr. Halliburton, leave of absence was granted Mr. Moore, the doorkeeper, on account of sickness. The hour of 9 o'clock and 30 minutes having arrived, the Convention resumed the consideration of the report of the Committee on Representation, Representative and Senatorial Districts, districting the State for the election of State Senators. Mr. Norton offered the following amendment to the report: Amend by inserting the word "county" after the word "St. Louis" in the thirty-seventh line. which was read and agreed to. Mr. Fyan offered the following amendment to the re- port: Amend by striking out "third" in the twenty-ninth line and in- serting "sixth." Amend by striking out "sixth" in thirty-fourth line and inserting "third." which was read and agreed to. Mr. Norton offered the following amendment to the report: Amend by adding the words "the counties of" after the word "dis- trict" in the thirty-sixth line. which was read and agreed to. Mr. Lay offered the following substitute for the report: Section — . It shall be the duty of the General Assembly, in case there shall be a meeting of the same, at least eight months before the next general election in this State, to apportion the State into senatorial districts. If there shall be no such meeting of the General Assembly within the time aforesaid, or if it shall fail to district the State when it so meets, then it shall be the duty of the Governor, Secretary of State, and Attorney-General to divide this State into senatorial districts in 290] accordance with the provisions of this Constitution, such division to be made at least six months before the next general election in this State. which was read and rejected. Mr. Broadhead offered the following amendment to the report: Amend the report by adding after the word "thirty-four" in line thirty-eight: "Which upon the adoption of this Constitution shall be established by the St. Louis Circuit Court, as provided by this article." which was read and agreed to. 406 JOURNAL OF THE MISSOURI Mr. Crews offered the following amendment to the report: Amend by striking out "Osage" from Twenty-second district and adding "Osage" to Twenty-fifth district. which was read and agreed to. Mr. Hyer offered the following amendment to the re- port: Amend by striking out "Dent" county from the Twenty-fourth district and adding said county to the Twenty-second district. which was read and agreed to. Mr. Pipkin offered the following amendment: Strike out "Perry" in line thirty and insert "Madison." which was read and rejected. Mr. Pipkin offered the following amendment: Strike out "Perry" in line thirty and insert "Iron" in lieu thereof. which was read and rejected. The section on senatorial districts as amended was then adopted. Section eleven of the report of the Committee was then rejected. Section five, passed over informally, was taken up. Mr. Gantt offered the following amendment to Sec- tion five: Amend by striking out all after the word "election" in the seventh line and insert the following: "When any county shall be entitled to more than one Senator, the circuit court shall cause such county to be subdivided into districts of compact an