f%* «^* «^» «^» «^* >LEASE HANDLE WITH CARE University of Connecticut Libraries 3 '^153 DlBtMlbE fi GAYLORD RS STATE GOVERNMENT PUBLICATrNS RECEIVED AUG 28 1970 WILBUR CROSS LIBRARY UNIVERSITY OF CONNECTICUT JOURNAL 32>«lO , /'t 2» ^M* OF THE Constitutional Convention OF CONNECTICUT, 1902. PRINTED BY AUTHORITY. IbarttorD press: The Case, Lockwood & Brainard Company. I go2 . state of Connecticut. Hartford, May 16, 1902. We hereby certify that the follow- ing is a true record of the proceed- ings of the Constitutional Convention of the State of Connecticut held at Hartford, in January, A. D. 1902. Attest, ^tV^^'^ Clerk. V Assistant Clerk JOURNAL. State of Connecticut. Hartford, January 1, A.D, 1902. On January 1, A.D. 1902, by virtue of an act of the General Assembly of the State of Connecticut, passed at its January session, A. D. 1901, a Convention of Delegates repre- senting the several Towns of the State met in the Hall of the House of Representatives at the Capitol in Hartford at the hour of twelve o'clock, noon. The roll of the Convention was called by Honorable Charles G. R. Vinal, Secretary of the State. The roll of the Convention was called as follows : HARTFORD COUNTY. Hartford — Charles Hopkins Clark. Avon- — Robert J. Holmes. Berlin — Charles Maples Jarvis. Bloomfield — William Martin Brown. Bristol — Xoble E. Pierce. Burlington — E. Samuel Gillette. Canton — Edward H. Sears. East Granby — Julius G. Dickinson. East Hartford — Percy S. Bryant. East Windsor — Howard A. Middleton. Enfield — Thompson S. Grant. Farmington — Amasa A. Redfield. Glastonbury — Henry E. Loomis. JOURNAL OF THE CONSTITUTIOXAL COXVENTION, Granby — Tbeodore M. Maltbie. Ilartland — George W. Miller. Mancbester — Frank W. Cbenev. Marlborougb — Frederick Cooley. New Britain — Eobert J. Vance. Ne^vington — George E. Cbnrcbill. Plainville — Aquila H. Condell. Rocky Hill — Owen R. Havens. Simsbnry — Josepb L. Bartlett. Soiitbington — Marcus H. Holcomb. Soutb Windsor — Lewis Sperry. Suffield — Cbarles C. Bissell.'^ West Hartford — William H. Hall. Wetbersfield - — Stepben F. Willard. Windsor — D. Ellswortb Pbelps. Windsor Locks — Tbornas L. Healy. NEW HAVEN COUNTY. New Haven — IsTorris G. Osborn. Waterbury — Francis P. Guilfoile. Ansonia — Denis T. Walsh. Beacon Falls — Adna D. Warner. Betbany — ■ Samuel R. Woodward. Branford — Louis A. Fisk. Cbesbire — Alonzo E. Smitb. Derby — Daniel E. McMabon. East Haven — William K. Stevens. Guilford ■ — • Edward Griswold. Hamden — James H. Webb. Madison — Jobn H. Meigs. Meriden — H. Wales Lines. Middlebury — George W. Wallace. Milford — Dumond P. Merwin. 2^augatuck — Jobn H. Wbittemore. ISTortb Branford — George L. Ford. JOURNAL OF THE CONSTITUTIONAL CONVENTION. North Haven — Marcus D. Marks. Orange — Samuel J. Bryant. Oxford — William O. Davis. Prospect — David B. Hotchkiss. Seymour — "William H. H. Wooster. Soutlibury — Henry B. Russell. Wallingf ord — John B. Kendrick. Wolcott — Evelyn M. Upson. Woodbridge — G. Halsted Bishop. NEW LONDON COUNTY. New London — Thomas M. Waller. Norwich — Frank T. Brown. Bozrah — E. Judson Miner. Colchester — Harley P. Buell. East Lyme — Edwin C. Chipman. Franklin — J. Henry King. Griswold — Arthur M. Brown. Groton — Henry L. Bailey. Lebanon — Isaac Gillette. Ledyard — William I. Allyn. Lisbon — Calvin D. Bromley. Lyme — James L. Raymond. Montville — Joseph F. Killeen. North Stonington — James F. Brown. Old Lyme — Joseph S. Huntington. Preston — George A. Frink. Salem — Alvah Morgan. Sprague — William J, Riley. Stonington — Frank H. Hinckley. Voluntown — E. Byron Gallup. Waterford — Charles A. Gallup. FAIRFIELD COUNTY. Bridgeport — Daniel Davenport, Danbury — Eugene C. Dempsey. JOURNAL OF THE COKSTITDTIOISrAL CONVENTION. Bethel — Howard H. Woodman. Brookfield — Elmer H. Northrop. Darien — Thaddeus Bell. Easton — Edgar G. Jennings. Fairfield — John Hoyt Perry. Greenwich — R. Jay Walsh. Hnntington — Sturgis Whitlock. Monroe — Edwin C. Shelton. ISTew Canaan — Benjamin P. Mead. New Fairfield — Homer L. Wanzer. Newtown — Charles H. Northrop. Norwalk — Asa B. Woodward. Eedding — Jonathan B. Sanf ord. Ridgefield — William O. Seymour. Sherman — George A. Barnes. Stamford — Schuyler Merritt. Stratford — Henry P. Stagg. Trumbull — Ormel Hall. Weston — Frank Gorham. Westport — Eufus Wakeman. Wilton — H. E. Chichester. WINDHAM COUNTY. Windham — Eugene S. Boss. Putnam — Byron D. Bugbee. Ashf ord — Thomas K. Fitts. Brooklyn — Henry M. Evans. Canterbury — Levi N. Clark. Chaplin — William J. Groesbeck. Eastf ord — Monroe F. Latham. Hampton — William H. Buruham. Killingly — Aurin P. Somes. Plainfield — Edwin Milner. Pomfret — Thomas 0. Elliott. Scotland — Gerald Waldo. JOURIS'AL OF THE CONSTITUTIONAL CONVENTION. Sterling — C'laramon Hunt. Thompson — Eandolph H. Chandler. Woodstock — George Austin Bowen. LITCHFIELD COUNTY. Litchfield — Charles B. Andrews. "Winchester — "Wellington B. Smith. I^ew Milford — Charles M. Beach. Barkhamsted — Hubert B. Case. Bethlehem — Abner P. Hayes. Bridgewater — Marcus B. Mallett. Canaan — John H. Belden. Colebrook — Julian H. Smith. Cormvall — Philo M. Kellogg. Goshen — Henrv G. Wright. Harwinton — Clarence M. Ely. Kent — Irwin J. Beardsley. Morris — Lyman W. Whittlesey. !N"ew Hartford — John Fox Smith. Xorfolk — William O'Connor. North Canaan — Charles W. Camp. Plymouth — Charles H. Smith. Eoxbnry — George R. Crofut. Salisbury — Donald T. Warner. Sharon — George S. Kirby. Thomaston — Frank W. Etheridge. Torrington — Orsamus R. Fyler. Warren — Xoble B. Strong. Washington — John C. Brinsmade. Watertown — Augustus IST. Woolson. Woodbury — Horace D. Curtiss. MIDDLESEX COUNTY. Middletown — D. Ward Northrop. Haddam — George M. Clark. O JOUKNAL OF THE CO^'STITUTIOXAL CONVENTION. Chatham — "William IST. Markham. Chester — Wilbnr A. Brothwell. Clinton — Charles A. Pelton. Cromwell — Edward S. Coe. Durham — Frederick P. Hubbard. East Haddam — Albert E. Purple. Essex — George H. Blake. Killingrworth — Lauren L. Xettleton. Middlefield — Fred W. Terrill. Old Saybrook — William H. Smith. Portland — Asaph H. Hale. Saybrook — Frederick L'Hommedieu. Westbrook — Theodore D. Post. TOLLAND COUNTY. Tolland — Loren ]!S[ewcom.b. Andover — Elliot P. Skinner. Bolton — J. White Sumner. Columbia — William A. Collins. Coventry — Alexander S. Hawkins. Ellington — Francis M. Charter. Hebron — Marshall Porter. Mansfield — Kalph W. Storrs. Somers — George E. Keeney. Stafford — Edwin C. Pinney. Union — Milton H. Kinney. Vernon — Charles Phelps. Willington — William H. Hall. All the delegates answered to their names except R. Jay Walsh of Greenwich. Honorable William Hamersley, a Judge of the Supreme Court of Errors, then administered the following oath to the delegates : JOUEI^AL OF THE CONSTITUTIONAL CONVENTION. V You, being clioseD delegates to this Convention, for the purpose of framing a form of Constitution to be proposed to the electors of this State, do each solemnly swear that you will faithfully discharge, according to law, the duties de- volved upon you to the best of your ability. So help you God. The Secretary of the State then introduced to the Conven- tion Lauren L. Xettleton of Killingu^orth, the oldest delegate, who acted as temporary chairman, and called the Convention to order. CONVENTION RESOLUTIONS. Convention Resolution Xo. 1. Mr. Cheney of Manchester introduced a resolution appointing Messrs. Phelps of Vernon, Brown of Xorwich, and Davenport of Bridgeport, as a com- mittee on Credentials. The resolution was passed. The committee retired and soon reported through Mr. Phelps of Vernon that the roll of the Convention as read by the Secretary of the State is the correct roll of the member- ship of the Convention. On motion of Mr. Hall of Willington the report of the com- mittee was accepted. The chairman then stated that the next business in order was the election of a President of the Convention. ]\rr. Warner of Salisbury nominated for President Hon- orable Charles B. Andrews of Litchfield, and moved that he be elected by acclamation. The motion prevailed, and the chairman declared Honor- able Charles B. Andrews elected President. The President then addressed the Convention as follows : Gentlemen of the Convention : Our meeting together has been ordered by the people of the State to consider their present Constitution — w^hether or not any changes should be made in it and if so what those changes shall be. A con- stitution is that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised, and 10 JOURXAL OF THE COXSTITUTIOIS^AL COXVEXTIOIT. its provisions are the rule of conduct for those branches of the government which administer the sovereign power. The American idea of a constitution is that its rules are funda- mental; that upon these the structure of the government de- pends, and it is intended to be permanent. The powers of sovereigiity cannot be readily changed. The American idea of a constitution has in it the further element that it rests on the consent of the governed. One of- the most philosophic of historians, in bringing to- gether various of the pithy sayings into which the teachings of history have been crystallized, among others mentions this : " The doubtful precedents of one generation become the fundamental maxims of a soon succeeding one." The history of the people of the State of Connecticut furnishes a most striking example of the truth of this aphorism. It is less than 300 years since Thomas Hooker, right here in Hartford, said in respect to the choosing of magistrates that the foundation of authority is in the consent of the people. It was a doubtful saying at the time. But within a few generations it became an acknowledged principle with the American people that governments derive all their just powers from the consent of the governed. Those who heard Thomas Hooker put his precepts into im- mediate practice. They established certain fundamental orders for their own government to which all those governed did actually give their consent. At that time a Constitution by that name Avas not known. But those orders, in truth, were a Constitution. They furnished the rules in accordance with which all the powers and functions of their government were habitually exercised. The fundamental orders con- tinued in full force till the charter came. The colonists never gave their consent to the charter in the same sense that they had ffiven it to the fundamental orders. They were, how- ever, wise in their generation. They administered their gov- ernment under the charter with such skill, that while they avoided anv offense to rovaltv it is difficult for the student of JOURNAL OF THE CONSTITUTIONAL CONVENTION. 11 today to see where, in the effectiveness of essential principles, the fnndamental orders were ever displaced. Eather, on the other hand, the orders seem never to have been displaced. As we look back to the government of the colony the charter seems, in practice, to have been regarded not as a snbstitnte for the fnndamental orders but as a recognition of the govern- ment which had previously existed, and a confirmation of the rights and privileges which the colonists had enjoyed from the first. In 1818 a Constitution, strictly so called, was adopted. Por more than eighty years it has given to our State a very high degree of jirosperity; and it has afforded to all our people a measure of personal and civic liberty which has attracted the notice and met with the commendation of all lovers of free government everyw^here. And now we are met to discuss changes in that Constitution. The importance of our labor cannot well be overstated. Changes in fundamental princi- ples, principles which are in very truth fundamental, cannot be made without changing the structure of the government. vSuch changes ought not to be made except for the very highest reasons. In the application of fundamental principles to the work of administratiqn, changes must be made from time to time. The constantly varying conditions of social and political life make such changes necessary. The prosperity of our State, the freedom and happiness of its people afford strong con- firmation that the principles as well as the details of the gov- ernment under which we have thus far lived are not radically defective. It will be ours to enlarge and confirm rather than to overthrow or deny. We may make an extended applica- tion of acknowledged truths to exigencies which, however long anticipated, could not until now be defined. We may thus establish judicious reforms without any startling change. To change is not the same thing as to reform. With the Constitution as it is we know we have had prosperity. But 12 JOURNAL OF THE CONSTITUTIONAL CONVENTION. in this behalf the prospect does not occasion iis any anxiety. Only a very few changes in onr Constitution are suggested. That instrnment has given to onr people so satisfactory a gov- ernment that for the most part it has escaped all serions criti- cism. Very obviously it will be the part of prudence to con- fine our labors to those few particulars where change is thought to be desirable. Would it not be worse than folly to change any feature of our fundamental law which has en- dured almost a century and has always given satisfaction? Antiquity of time affords added stability to the State and added security to life and possessions. To be associated with you, gentlemen, in your deliberations is itself a privilege of which I might well be proud. For the distinguished part in these deliberations, which you have assigned me, I am deeply and profoundly grateful. It is my desire, as it is my hope, to be able to execute the trust with a faithful regard for the rights of the members of the Convention, and the interests of the people of the State; that I may discharge these duties with strict impartiality, and with unremitting assiduity and attention. Beyond these my own. endeavors, gentlemen, I am as every one must be who stands in the position that I now accept at your hands, a supplicant for your co-operation, con- sideration, and forbearance. Prayer was then offered by Rev. E. P. Parker of Hart- ford, as follows : Almighty God, who ever reignest over all the works of Thy hands in the same sovereignty of justice, wisdom, love, and power in which Thou hast created and fashioned them; assembled in this place dedicated to the high uses of this com- monwealth, on a grave errand of the people concerning their political welfare, we pause for a brief space, as is meet and right, to bow the knee of our minds and hearts before Thee in humble and reverent recognition of Thine authority in the governments of earthly states and kingdoms, and in the earn- est iinploration of Thy guidance and blessing for all who JOUE^^AL OF THE CONSTITUTIO^^AL CONVE^'TIO^'■. 13 compose this Convention, tlirongh all the stages of their de- liberations and proceedings. Bestow, O Lord, we beseech Thee, upon these Thy servants all needful wisdom for the right and proper discharge of their several responsibilities. Give them a right judgment in all things that come before them. Direct and further their pro- ceedings to the end that the counsels of truth, justice, and patriotism may prevail and be established in their conclusions. We call to mind with grateful hearts, as our fathers have told us, what work Thou didst in their days, in the times of old. They trusted in Thee and were not confounded. They looked to Thee and were enlightened. Walking humbly and bravely by Thy guidance they prepared the way for us to dwell here in all the plenitude of our liberties and prosperi- ties. God of our fathers, who didst so lead them by the hand of illustrious men, be likewise our God, and the God of our children and children's children, from generation to genera- tion. Let Thy blessing, O Lord, be upon our beloved coun- try; upon our President and all associated with him in au- thority; upon this ancient commonwealth so dear to us all; upon its present Governor and all who share with him the administration of public affairs; and upon our whole people. And graciously grant that the course of things may be so wisely and peaceably ordered, both here and now and in the times to come, that when we shall have gone hence, and from age to age, there may still survive and flourish in this com- monwealth of Connecticut an honest, orderly, free, religious, and happy people, jealous of ancestral virtues, proud of a noble history, and zealous for future welfare and fame. And unto Thy holy name. Eternal God, be rendered all . might and majesty, dominion and glory, both now and ever- more. Amen. Convention Resolution Xo. 2. Mr. Hall of Willington in- troduced the followinc: resolution: 14 JOUKXAL OF THE CONSTITUTIOXAL CONVENTION. J-icsolved by this Convention : That Frank E, Healy of Windsor Locks be and hereby is elected Secretary of this Convention. The resolution was discussed by Mr. Hall of Willington. Mr. Clark of Hartford moved to amend the resolution by striking ont all after the enacting clause and inserting, in lieu thereof, the following : " That this Convention proceed to elect by ballot a Clerk and an Assistant Clerk, both to be members of this Convention, but not of the same political party." The amendment was discussed by Messrs. Clark of Hart- ford, Bryant of East Hartford, Hall of Willington, Clark of Haddam, and Osborn of Xew^ Haven. The amendment did not prevail. The resolution was further discussed by Mr. Brothwell of Chester, Mr. Pierce of Bristol moved that the resolution be amended by sti iking out the word " Secretary " and inserting in lieu thereof the word " Clerk." The amendment was adopted. The resolution was then passed as amended. The President then declared Frank E. Healy as duly elected Clerk of the Convention, and the oath of office was administered to him by Honorable William Hamersley, a Judge of the Supreme Court of Errors. Convention Kesolution 'No. 3. Mr. Hall of Willington then introduced the following resolution : Pesolved by this Convention : That George E. Hinman of Windham be and hereby is elected Assistant Clerk of this Convention. The resolution was discussed by Mr. Hall of Willington. On motion of Mr. Osborn of New Haven, the resolution was tabled. Convention Resolution Xo. 4. Mr. Clark of Hartford in- troduced the following resolution : JOUKXAL OF THE CONSTITUTIONAL CONVEXTIOX. 15 Resolved bv this Convention : That Messrs. Periy of Fairfield and Waller of ISTew London be and tliev are hereby declared elected Vice-Presidents of this Convention. The resolution was passed. Convention Resolution No. 5. Mr. Chandler of Thompson introduced the following resolution : Resolved by this Convention : That Dwight H. Barstow, Samuel P. Clark, Abel C. Adams, and John G. Terrell be appointed Messengers of this Convention, and that Judson S. Leonard, Lester C. Hibbard, Park B. Smith, Walter C. Dailey, James B. Beers, and Loren A. Waldo be appointed Doorkeepers of this Convention. On motion of Mr. Bryant of East Hartford, the resolution was tabled. Mr. Brown of Xorth Stoningi;on moved that when the Con- vention adjourn it be to meet on Thursday, January 2, 1902, at 11 o'clock A. M. The motion prevailed. Convention Resolution Xo. 6. Mr. Hall of Willington in- troduced the following resolution : Resolved by this Convention ; That the President appoint a committee of three delegates on the assignment of seats to the members by lot. Mr. Maltbie of Granby moved that the resolution be tabled. The motion did not prevail. Mr. Bryant of East Hartford moved to amend by Sched- ule " A." The motion was discussed b}^ Messrs. Bryant of East Hart- ford and Brown of Xorwich. The motion to amend did not prevail. Mr. Waller of Xew London moved to amend by Schedule " B." 16 JOURNAL OF THE CONSTITUTIONAL CONVENTION. The amendment was discussed by Mr. AValler of Xew Lon- don. The motion to amend prevailed. The resolution was then passed as amended. The amendment was as follows: Schedule " B." That the Clerk of the Convention be instructed to draw for the members the number of their seats from the roll call of the Convention, and that said drawing take place at once. Mr. Clark of Hartford moved that on account of the blind- ness of Mr. H. Wales Lines of Meriden he be allowed to wear his hat during the sessions of the Convention, and that the Clerk be instructed to allow Mr. Lines to select his seat in the Convention before he commenced to assign the same. The motion prevailed. Mr. Lines of Meriden selected seat Xo. 1. The Clerk then proceeded to draw the numbers for the seats, and their assignment was as follows : Hartford County. — Messrs. C. H. Clark, 90; Holmes, 103; Jarvis, 105; W. M. Brown, 146; Pierce, 118; E. S. Gillette, 9; Sears, 136; Dickinson, 11; P. S. Bryant, IT; Middleton, 87; Grant, 140; Redfield, 53; Loomis, 63; Maltbie, 55; Miller, 29; Cheney, 7; Cooley, 83; Vance, 37; Churchill, 54; Con- dell, 185; Havens, 101; Bartlett, 94; Holcomb, 122; Sperry, 25; Bissell, 13; W. H. Hall, 44; Willard, 21; D. E. Phelps, 144; Healy, 93. New Haven County. — Messrs. Osborn, 107; Guilfoile, 114; D. T. Walsh, 58; A. D. Warner, 92; S. R. Woodward, 131; Fisk, 15; A. E. Smith, 172; McMahon, 132; Stevens, 169, Griswold, 135; Webb, 72; Meigs, 167; Lines, 1; Wal- lace, 124; Merwin, 139; AVhittemore, 130; Ford, 12; Marks, 6; S. J. Bryant, 98; Davis, 89; Hotchkiss, 73; Wooster, 96; Russell, 57; Kendrick, 50; Upson, 27; Bishoi), 56. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 17 Xew London County. — Messrs. Waller, 45 ; F. T. Brown, 43; Miner, 108; Buell, 171; Chipman, 106; King, 26; A. M. Brown, 99; Bailey, 78; I. Gillette, 145; Allyn, 174; Bromley, 176; Raymond, 177; Killeen, 31; J. F. Brown, 173; Huntington, 84; Frink, 125; Morgan, 23; Riley, 111: Hinckley, 109; E. B. Gallup, 22; C. A. Gallup, 180. Fairfield County. — Messrs. Davenport, 24; Dempsey, 112; Woodman, 179; E. H. Northrop, 51; Bell, 33; Jen- nings, 49; Perry, 40; R. J. Walsh, 47; Whitlock, 28; Shel- ton, 123; Mead, 113; Wanzer, 4; C. H. Northrop, 143; A. B. Woodward, 30; Sanford, 104; Seymour, 82; Barnes, 141; Merritt, 8; Stagg, 46; O. Hall, 34; Gorham, 116; Wake- man, 5; Chichester, 41. Windham County. — Messrs. Boss, 102; Bugbee, 14; Fitts, 121; Evans, 138; L. N. Clark, 85; Groesbeck, 42; Latham, 36; Burnham, 35; Somes, 137; Milner, 88; Elliott, 134; Waldo, 80; Hunt, 100; Chandler, 74; Bowen, 166. Litchfield County. — Messrs. W. B. Smith, 70; Beach, 178; Case, 2; Hayes, 119; Mallett, 10; Belden, 133; J. H. Smith, 142; Kellogg, 19; Wright, 128; Ely, 71; Beardsley, 110; Whittlesey, 20; J. F. Smith, 52; O'Connor, 61; Camp, 95; C. H. Smith, 120; Crofut, 32; D. T. Warner, 16; Kirby, 38; Etheridge, 97; Fyler, 64; Strong, 186; Brinsmade, 67; Woolson, 69; Curtiss, 117. Middlesex County. — Messrs. D. W. Northrop, 81; G. M. Clark, 60; Markham, 175; Brothwell, 115; Pelton, 127; Coe, 75; Hubbard, 170; Purple, 184; Blake, 66; Nettleton, 183; Terrill, 126; W. H. Smith, 79; Hale, 62; L'Hommedieu, 77; Post, 39. Tolland County. — Messrs. Newcomb, 165; Skinner, 91; Sumner, 48; Collins, 3; Hawkins, 18; Charter, 181; Porter, 182; Storrs, 129; Keeney, 68; Pinney, 65; Kinney, 59; Phelps, 76; W. H. Hall, 86. Convention Resolution Xo. 7. Mr. Webb of Hamden introduced the following resolution : c. c— 2 18 JOURNAL OF THE COXSTITUTIO^^IL CONVENTION. Eesolved, That a committee of five be appointed by the President to frame a system of rules for the order and gov- ernment of the Convention dnring its session. The resolution was passed. The President appointed as such committee Messrs. Warner of Salisbury, jSTorthrop of Middletown, Woodward of Norwalk, Webb of Hamden, Maltbie of Granby. Convention Resolution Xo. 8. Mr. Osborn of New Haven . introduced the following resolution : Eesolved, That the Comptroller be requested to employ and provide doorkeepers and messengers to attend upon the Convention during its sessions as necessity determines. Mr. Pierce of Bristol moved as an amendment that a com- mittee of five delegates be appointed by the President, to whom should be referred the pending resolution and all other resolutions relating to the further organization of the Con- vention, and that said committee rej^ort their recommenda- tions to the Convention, On motion of Mr. Griswold of Guilford, the amendment was tabled. The resolution was then discussed by Messrs. Webb of Hamden, Clark of Haddam, and Hall of Willington. Mr. Hall of Willington moved to table the resolution. The motion did not prevail. The resolution was then passed. Convention Resolution Xo. 9. Mr. Perry of Fairfield in- troduced the following resolution : Resolved by this Convention : That whatever compensation is fixed by the Comptroller for Messengers and Doorkeepers be their entire compensation, without any gratuities. The resolution was passed. Mr. Bell of Darien introduced the following resolution : Convention Resolution Xo. 10. Resolved, That the Comp- troller be requested to furnish transportation to the members of this Convention durino: the term of its session. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 19 The resolution was discussed by Messrs. Waller of New London, Bryant of Orange, and Phelps of Vernon. The resolution was passed. Convention Resolution No. 11. Mr. Phelps of Vernon introduced the following resolution : Kesolved by this Convention : That the provisions of Chapter 12 of the Public Acts of 1899, being " An Act concerning Transportation of Members of the General Assembly," be and they are hereby made to apply to the transportation of members of this Convention. The resolution was passed. Convention Resolution No. 12. Mr. Redfield of Farming- ton introduced the following resolution : Resolved, That the rules of the House of Representatives of the State of Connecticut, printed in the Register and Man- ual for 1901, as prepared by the Secretary of State, be ac- cepted as the temporary rules of the Convention until other- wise ordered. The resolution was discussed by Mr. Waller of New London. On motion of Mr. Waller of New London, the resolution was tabled. On motion of Mr. Perry of Pairfield, the Convention, at 2.05 o'clock P. M., adjourned, to meet on Thursday, Janu- arv 2d, at 11 o'clock A. M. 20 JOURNAL OF THE CONSTITUTIONAL CONTENTION. Thursday, January 2, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by Rev. Charles H. Smith of Plymouth. CONVENTION RESOLUTIONS. Convention Resolution l^o. 13. By Mr. Bryant of East Hartford, a resolution authorizing and directing the Clerk of the Convention to have printed and distributed daily four hundred copies of the Journal of the Convention. The resolution was discussed by Mr. Bryant of East Hart- ford. The resolution was passed. Convention Resolution 'No. 14. By Mr. Hall of Willing- ton, a resolution authorizing the President of the Convention to appoint four permanent tellers. The resolution was passed. The President appointed as permanent tellers for the Con- vention : Messrs. Whittlesey of Morris, Section 1. Case of Barkhamsted, Section 2. Hayes of Bethlehem, Section 3. Bissell of Suffield, Section 4. Convention Resolution jSTo. 15, By Mr. Waller of Xew London, a resolution naming January 16, 1902, as the last day for the admission of new business. The resolution was discussed by Mr.' Davenport of Bridge- port. On motion of Mr. Merritt of Stamford, the resolution was tabled, and ordered printed in the Journal. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 21 The following is the resolution : Resolved by this Convention: That no resolution amending, changing, or adding to the existing Constitution of this State shall be presented to this Convention later than January 16, 1902. Convention Resolution No. 16. By Mr. Phelps of Ver- non, a resolution that all debentures, grants, orders, or resolu- tions passed by the Convention authorizing supplies from the Comptroller, or payments by the Treasurer, shall first be re- corded in the office of the Secretary of State. The resolution was discussed by Mr. Phelps of Vernon. The resolution was passed. Convention Resolution No. 17. By Mr. Vance of New Britain, a resolution raising a committee of five, to be ap- pointed by the President, to consider the question of steno- graphically reporting and printing the debates and proceed- ings of the Convention. The resolution was discussed by Mr. Vance of New Britain. The resolution was passed. Convention Resolution No. 18. By Mr. Perry of Fair- field, a resolution requesting and authorizing the Comptroller to appoint a stenographer who shall be Assistant Clerk of the Convention. The resolution was referred to the committee to be ap- pointed by the President on stenographically reporting the proceedings of the Convention. REPORTS OF COMMITTEES. Convention Resolution No. 19. (See Convention Journal, January 1st.) The report of the committee on Rules and Orders, on a resolution containing Rules and Orders for the government of the Convention, recommending the passage of the resolution, was received. The resolution was read, and explained by Mr. Warner of Salisbury, chairman of the committee on the part of the Con- 22 JOURNAL OF THE CONSTITUTIONAL CONVENTION. vention, and discussed hj Messrs. Brown of JSTorwicli, Webb of Hamden, Etheridge of Thomaston, Davenport of Bridge- port, Clark of Haddam, Milner of Plainfield, Northrop of Middletown, and Loomis of Glastonbnrj. On motion of Mr. Milner of Plainfield, the resolution was tabled, and ordered printed in the Journal. The following is the resolution: The committee appointed to frame Eules and Orders for the Convention beg leave to report. They recommend that the following Rules and Orders be adopted as the Rules and Orders of this Convention : 1. The President or one of the Vice-Presidents shall take the chair every day at the hour to which the Convention shall have adjourned, and, after roll-call, shall immediately call the Convention to order, and, if a quorum be present, pro- ceed to business. 2. In the absence of a quorum the Presiding Officer may adjourn the Convention to the afternoon, or to the next sitting day. At all other times during the session an adjournment shall be pronounced by the Presiding Officer on motion, no objection being made; but if an adjournment be objected to the question shall be decided by the Convention without de- bate. 3. The Presiding Officer shall preserve decorum and order, and shall decide questions of order without debate, subject to an appeal to the Convention. He shall rise to put a question, but may state it sitting. The question first moved shall be first put; and in all cases the sense of the Con- vention shall be first taken upon the largest number or sum. and longest time, proposed in any question. 4. In all cases when a vote is taken Avithout a division, the Presiding Officer shall determine whether it is, or is not, a vote; and in all doubtful cases he shall ask, "Is it doubted V If the vote be doubted it shall be tried again; but, after the Presiding Officer has declared the vote, it shall JOURNAL OF THE COIs^STITUTIOXAL CONVENTIOX. 23 not be recalled, unless bj a regular motion for reconsideration made by a member in the vote of the Convention. 5. If the Presiding OfRcer doubt a vote, or a division be called by a member, the question shall be again put, and those voting in the affirmative shall first rise from their seats. If required by a member, those of a contrary mind shall rise and be counted. The President shall appoint four members as tellers, one for each section, to count those vot- ing. 6. The yeas and nays shall be taken on any question when called for by one-fourth of the members present and voting. 7. In all cases of balloting, and upon the yeas and nays being taken, the Presiding Officer may vote; in other cases he shall not vote unless the Convention be equally divided, or unless his vote, if given to the minority, Avill make the division equal; and in case of such equal division the ques- tion shall be lost. 8. "When the Convention adjourns the members shall keep their seats until the Presiding Officer, if he please, goes out; then the members may follow. 9. When any member is about to speak in debate, or deliver any matter to the Convention, he shall rise and re- spectfully address. " Mr. President." If two or more rise at once the Presiding Officer shall name the member who is first to speak. 10. Any member who has spoken once or oftener upon any question shall give place to any other member rising to speak, who has not spoken so often upon that question. 11. In the absence of the regular Presiding Officers the Convention shall, without debate, from day to day, choose a member to preside, unless the President shall have designated a member to preside for the day. Whenever the President or the Vice-President presiding shall desire to participate in any debate or vote, he may designate any member to preside temporarily over the Convention. 24 JOURNAL OF THE CONSTITUTIONAL CONVENTION. 12. No debate shall be allowed after a question is put and remains undecided. 13. When a motion is made it shall be stated to the Con- vention by the Presiding Officer before any debate be had thereon; but every motion shall be reduced to writing, if the Presiding Officer so direct, or any member request it. 14. When a question is under debate, no motion shall be received unless to amend, to commit, to postpone, for the previous question, to lie on the table, for the orders of the day, or to adjourn; nor either of these after the question is put. But a motion to adjourn shall supersede every other motion, and shall be decided without debate. 15. When a motion is stated by the Presiding Officer, or read by the Clerk, it shall be in possession of the Con- vention, but may be Avithdrawn at any time before decision or amendment, but not after amendment, unless the Convention give leave. 16. All committees shall be appointed by the President, unless other-wise specially directed by the Convention. 17. If any member, in speaking or otherwise, transgress the Rules or Orders of the Convention, the Presiding Officer shall, or any member may, call him to order, and, if speaking, he shall sit doAvn, unless permitted to explain; and the Pre- siding Officer shall then decide the question of order; but the party may appeal from the decision of the Presiding Officer to the Convention, which shall decide thereon without debate. 18. The Clerk shall keep a Journal of the Proceedings of the Convention, in which shall be entered all the votes that shall be taken in the Convention, and the yeas and nays when taken, and all other things proper to be entered in such a Journal; and shall cause a printed copy thereof to be placed upon the desk of each member at the opening of the next fol- lowing session. 19. A majority of the Convention shall constitute a quo- rum. JOURXAL OF THE COXSTITUTIOXAL CONVENTIOX. 25 20. Xo rule shall be suspended except by a vote of at least two-tliirds of the members present. 21. The rules of parliamentary practice shall govern the Convention in all cases to which they are applicable, and in which they are not inconsistent with these rules. DOE^ALD T. WARMER, D. WARD jS^ORTHROP, ASA B. WOODWARD, JAMES H. WEBB, THEODORE M. MALTBIE, Committee. Mr. Perry of Fairfield asked and obtained the unanimous consent of the Convention to introduce an amendment to the rules, and upon his motion the amendment was tabled, and ordered printed in the Journal. The following is the amendment : Amendment to Rule 19. Insert at the end of the rule the following : " But no vote adopting any portion or the whole of a proposed consti- tution shall be passed, except by the affirmative vote of a majority of all the delegates elected and sworn." Convention Resolution Xo. 20. (See Convention Journal, January 1st.) The report of the committee on Rules and Orders, on a resolution raising eight standing committees for the Convention, recommending the passage of the same, was received. On motion of Mr. Hall of Willington, the resolution was tabled, and ordered printed in the Journal. The following is the resolution : Supplementary Report of the Committee on Rules and Orders on the Appointment of Committees. The committee on Rules and Orders of Procedure recom- mend the adoption of the following resolution : 26 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Resolved, That eight standing committees be appointed as follows : 1. A committee on Preamble, Declaration of Rights, and Distribution of Powers, consisting of nine (9) members; 2. A committee on Legislative Department, consisting of thirty-five (35) members; 3. A committee on Executive Department, consisting of fifteen (15) members; 4. A committee on Judicial Department, consisting of fifteen (15) members; 5. A committee on Qualifications of Electors, consisting of fifteen (15) members; 6. A committee on Religion and Education, consisting of nine (9) members; 7. A committee on Impeachments, General Provisions, and Amendments, consisting of twenty-one (21) members; 8. A committee on the Constitution, consisting of twenty- one (21) members, to which shall be referred all reports of the foregoing committees, after approval by the Convention, to prepare a draft of the Constitution as a whole. Also a special committee on Contingent Expenses, con- sisting of nine (9) members. DONALD T. WARNER, D. WARD NORTHROP, ASA B. WOODWARD, JAMES H. WEBB, THEODORE M. MALTBIE, Committee. Subsequently, Mr. Davenport of Bridgeport asked the unanimous consent of the Convention that the chairman of the committee on Rules and Orders might explain the fore- going reports. The President ruled that such a request was not in order unless by the unanimous consent of the Convention. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 27 Mr. Milner of Plainfield objected to a further discussion of the reports at this time. ORDER OF THE DAY. On motion of Mr. Bugbee of Putnam, Convention Resolu- tions ISTumbers 19 and 20, being the reports of the committee on Rules and Orders, on the adoption of rules and the appoint- ment of committees for the Convention, were made the Order of the Day for Tuesday, January 7, 1902, at 12.45 o'clock P. M. MISCELLANEOUS. Convention Resolution ISTo. 3. A resolution appointing George E. Hinman of Windham Assistant Clerk of the Con- vention, was taken from the table on motion of Mr. Osborn of ISTew Haven. Mr. Osborn moved to amend by striking out the words " George E. Hinman of Windham," and inserting in lieu thereof the words " James M. Sullivan of Waterbury." On motion of Mr. Milner of Plainfield the resolution and amendment were tabled. Mr. Bryant of East Hartford moved that the Clerk be in- structed to have printed the reports of the committee on Rules and Orders, and mail a copy of said reports to every member of the Convention. The motion prevailed. Mr. Bryant of East Hartford moved that when the Con- vention adjourn, it adjourn to meet on Tuesday, January Tth, at 12.30 o'clock P. M. The motion prevailed. On motion of Mr. Clark of Haddam, the Convention, at 12 o'clock M., adjourned to meet on Tuesday, January Tth, at 12.30 o'clock P. M. 28 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Tuesday, January 7, 1902. The Convention was called to order at 12.30 o'clock P. M., the President in the Chair. Prayer was offered by Eev. AVilliam Martin Brown of Bloomfield. OATH OP OFFICE. Mr. Davenport of Bridgeport stated that Mr. Walsh, the delegate from Greenwdch, who was not present at the opening of the Convention, was now in attendance, and ready to take the oath of office as a delegate. The Clerk then administered the official oath of office as a delegate to Mr. R. Jay Walsh of Greenwich. CONVENTION RESOLUTIONS. Convention Resolution 'No. 21. Mr. Beach of New Mil- ford introduced a resolution appointing Rev. William Martin Brown of Bloomfield and Rev. Charles H. Smith of Plymouth as Chaplains of the Convention. The resolution was passed. Convention Resolution No. 22. Mr. Hayes of Bethlehem introduced a resolution authorizing and directing the mes- sengers to receive and distribute daily the mail of the mem- bers of the Convention. The resolution was passed. BUSINESS ON THE CALENDAR. Order of the Day for 12.45 o'clock P. M. At 12.35 o'clock P. M. Mr. Perry of Fairfield moved that the Convention proceed to take up the orders of the day, which were Convention Resolution !Rumber 19, a resolution formulating rules for the government of the Convention, and JOURNAL OF THE CONSTITUTIONAL CONVENTION. 29 Convention Resolution Xumber 20, a resolution raising eight standing committees for the Convention. The motion prevailed. Convention Kesolntion ISTo. 19. The report of the com- mittee on Rules and Orders, on a resolution formulating rules for the government of the Convention, was taken from the table, and explained by Mr. Warner, of Salisbury, Chair- man of the committee on the part of the Convention. Mr. Warner of Salisbury moved the substitution of three amendments to the rules in lieu of those previously reported, as being recommended by the committee, and moved that the amendments be incorporated in the committee's report. The motion prevailed. The amendments were as follows : Schedule " A." Substitute for Rule 3. The presiding officers shall preserve decorum and order, and shall decide questions of order without debate, subject to an appeal to the Convention. He shall rise to put a question, but may state it sitting. The question first moved shall be first put, except as provided in Rule 14; and in all cases the sense of the Convention shall be first taken upon the largest number or sum and longest time proposed in any question. Schedule " B." Substitute for Rule 14. When a question is under debate, no motion shall be re- ceived except (1) To adjourn; (2) To lay on the table; (3) For the previous question ; (4) For the order of the day ; (5) To postpone; 30 JOURNAL OF THE CONSTITUTIONAL CONVENTION. (6) To close the debate at a specified time; (7) To commit; (8) To amend; wliich several motions shall have precedence in the order in which they stand arranged in this rule. Schedule " C." Substitute for Eule 19. A majority of the Convention shall constitute a quorum, but neither the whole nor any part of a proposed constitution shall be adopted except by the affirmative vote of a majority of all the delegates elected and SAVorn. The resolution was then discussed by Messrs. Warner of Salisbury, Davenport of Bridgeport, and Merritt of Stam- ford. Mr. Davenport of Bridgeport moved to amend by Sched- ule "D." The motion was discussed by Messrs. Davenport of Bridge- port and Clark of Haddam. Mr. Clark of Haddam moved that the amendment be in- definitely postponed. The motion prevailed. Mr. Huntington of Old Lyme moved to amend by Sched- ule " E." The motion was discussed by Messrs. Huntington of Old Lyme, Brown of Norwich, and Perry of Tairfield. The motion prevailed. Mr. Davenport of Bridgeport moved to amend by Sched- ule " F." The motion was discussed by Messrs. Davenport of Bridge- port and Milner of Plainfield. The motion prevailed. Mr. Loomis of Glastonbury moved to amend by Schedule " G." JOURNAL OF THE CONSTITUTIONAL CONVENTION. 31 The motion was discussed by Messrs. Loomis of Glaston- bury and Huntington of Old Lyme. The motion did not prevail. Mr. Loomis of Glastonbury moved to amend by Schedule " H." The motion was discussed by Messrs. Loomis of Glaston- bury and Perry of Lairfield, The motion did not prevail. Mr. Loomis of Glastonbury moved to amend by Schedule a T jj The motion was discussed by Messrs. Loomis of Glaston- bury, Bryant of East Hartford, Vance of New Britain, and Clark of Haddam. The motion did not prevail. Mr. Bryant of Orange moved to amend by Schedule " J." The motion was discussed by Messrs. Bryant of Orange, Webb of Hamden, and Clark of Haddam. Mr. Davenport of Bridgeport moved that when the vote be taken it be by the yeas and nays. The motion did not prevail. The motion to amend by Schedule " J " did not prevail. Mr. Bryant of East Hartford moved to amend by Sched- ule " K" The motion was discussed by Mr. Bryant of East Hartford. The motion to amend prevailed. Mr. Perry of Fairfield moved that the amendment just adopted should be Rule 20 instead of Eule 21, and that Rule 20 should be known as Rule 21, and that Rule 21 should be known as Rule 22. The motion prevailed. Mr. Kendrick of Wallingford moved that in taking the vote on adopting the rules the question be so divided that the vote on Rules 19 and 20 be taken separately from the vote on the other rules. The motion did not prevail. 32 JOUKNAL OF THE CONSTITUTIONAL CONVENTION. The resolution was then passed as amended, and the report of the committee accepted. The following are the amendments that were adopted : Schedule " E." Substitute for Kule Xo. 20 : !N"o rule shall be suspended except by a vote of at least two- thirds of the delegates elected and sworn. Schedule " F." Amendment to Rule 6 : Strike out from this rule the words " one fourth " and in- sert the words " one sixth " in lieu thereof. Schedule " K" Rule 21. No motion to reconsider a vote shall be made except on the day of the vote, or the next session day, and there shall be no vote of reconsideration on either of the fol- lowing motions : To adjourn, for the previous question, or to reconsider, and no question shall be twice reconsidered. Convention Resolution JSTo. 20. The report of the com- mittee on Rules and Orders, on a resolution raising eight standing committees, recommending the passage of the reso- lution, was taken from the table, and explained by Mr. Warner of Salisbury, chairman of the committee on the part of the Convention, and discussed by Messrs. Webb of Ham- den and Clark of Haddam. Mr. Clark of Haddam moved that the resolution be in- definitely postponed. The motion prevailed, and the resolution was rejected, and the report of the committee rejected. Convention Resolution No. 5. A resolution appointing the Messengers and Doorkeepers of the House of Representa- JOURNAL OF THE CONSTITUTIONAL CONVENTION. 33 tives of 1901 to tlie same positions in the Convention, was taken from the table, on motion of Mr. Perry of Fairfield. The resolution was rejected. Convention Eesoliition No. 12. A resolution adopting the rules of the House of Representatives of 1901 as the tem- porary rules of the Convention, was taken from the table, on motion of Mr, Perry of Pairfield. The resolution was rejected. CONVENTION RESOLUTIONS. Convention Eesolution ISTo. 23. Mr. Huntington of Old Lyme introduced a resolution dispensing with the daily roll- call. The resolution was passed by a two-thirds vote of the delegates elected and sworn. Convention Eesolution jSTo. 24. Mr. Osborn of ISTew Haven introduced a resolution appointing a committee of twenty-one to which shall be referred for classification and drafting such resolutions and propositions as in the judgment of the Convention are necessary and proper to be so referred. Mr. Perry of Fairfield offered a resolution, and moved , that it be substituted for the one under discussion. The resolutions were discussed by Messrs. Osborn of ISTew Haven, Perry of Fairfield, Davenport of Bridgeport, Milner of Plainfield, Clark of Hartford, and "Webb of Hamden. The motion to substitute the resolution prevailed. Mr. Loomis of Glastonbury moved to amend by Schedule The motion was discussed by Messrs. Loomis of Glaston- bury, Perry of Fairfield, Webb of Hamden, Clark of Had- dam, and Davenport of Bridgeport. The motion to amend did not prevail. The substitute resolution was then passed. The resolution is as follows : Resolved by this Convention : c. c— 3 34 JOURNAL OF THE COXSTITUTIOXAL COXVEXTIOX. That this Convention proceed at once to consider that por- tion of Article 3 of the Constitution which relates to the com- position of the Senate and House of Representatives, and con- fine its consideration of the Constitution and proposed changes in it to that subject until it is determined. Convention Resolution Xo. 25. Mr. Clark of Haddam in- troduced a resolution prohibiting the appointment of com- mittees, and providing that the Convention shall sit as a com- mittee of the whole to consider all questions affecting the Constitution. On motion of Mr. Perry of Fairfield, the resolution was tabled. Convention Resolution Xo. 26. Mr, Bryant of East Hart- ford introduced a resolution providing that each town shall have two representatives, and a Senate consisting- of sixty members, to be divided into districts which shall be so formed that the population of each shall be as near fifteen thousand as possible. On motion of Mr. Bryant of East Hartford, the resolution was tabled, and ordered printed in the Journal. The resolution was as follows: Resolved by this Convention : That the propositions appended to this resolution relating to the legislative department of the State government be printed in the Journal to be taken up whenever that subject is brought before the Convention for its consideration. The House of Representatives shall consist of electors re- siding in towns from which they are elected. Each town now in existence, or which shall hereafter be incorporated, shall be entitled to two representatives. The Senate of this State shall be composed of electors who shall be chosen at the electors' meetings held biennially on the Tuesday after the first Monday in Xovember, and who shall, at the time of their election, reside in the respective districts in which they are elected. JOURNAL OF THE COXSTITUTIOXAL COXVEXTIOX. dO The General Assembly shall divide the State into sixty senatorial districts, which districts shall be so formed that the population of each shall be as near fifteen thousand as pos- sible under the limitations of this section. The districts shall always be composed of contiguous territory, and no town shall be divided unless for the purpose of forming more than one district wholly within such town. There shall be one Senator elected in each district. The General Assembly, which convenes next after the completion of each decennial census of the United States, shall redistrict the State if it shall be found necessary in order to preserve the equality of population of the several districts, but the number of the districts shall not be altered. APPOINTMENT OF A COMMITTEE. The President announced the appointment of the follow- ing committee on Eeporting and Printing the proceedings of the Convention : Messrs. Yance of Xew Britain. Fyler of Torriugton. Merritt of Stamford. Milner of Plainfield. Holcomb of Southington. RULES AND ORDERS OF THE CONSTITUTIONAL CON- VENTION OF CONNECTICUT, 1902. 1. The President or one of the Vice-Presidents shall take the chair every day at the hour to which the Convention shall have adjourned, and, after roll-call, shall immediately call the Convention to order, and, if a quorum be present, pro- ceed to business. 2. In the absence of a quorum the Presiding Officer may adjourn the Convention to the afternoon, or to the next sitting day. At all other times during the session an adjournment shall be pronounced by the Presiding Officer on motion, no 36 JOURNAL OF THE CONSTITUTIONAL CONVENTION. objection being made; but if an adjonrnment be objected to the question shall be decided by the Convention without de- bate. 3. The Presiding Officer shall preserve decorum and order, and shall decide questions of order without debate, subject to an appeal to the Convention. He shall rise to put a question, but may state it sitting. The question first moved shall be first put, except as provided in Kule 14; and in all cases the sense of the Convention shall be first taken upon the largest number or sum, and longest time, proposed in any question. 4. In all cases when a vote is taken without a division, the Presiding Officer shall determine whether it is, or is not, a vote; and in all doubtful cases he shall ask, "7s it doubted f'' If the vote be doubted it shall be tried again; but, after the Presiding Officer has declared the vote, it shall not be recalled, unless by a regular motion for reconsideration made by a member in the vote of the Convention. 5. If the Presiding Officer doubt a vote, or a division be called by a member, the question shall be again put, and those voting in the affirmative shall first rise from their seats. If required by a member, those of a contrary mind shall rise and be counted. The President shall appoint four members as tellers, one for each section, to count those voting. 6. The yeas and nays shall be taken on any question when called for by one-sixth of the members present and voting. , 7. In all cases of balloting, and upon the yeas and nays being taken, the Presiding Officer may vote; in other cases he shall not vote unless the Convention be equally divided, or unless his vote, if given to the minority, will make the division equal; and in case of such equal division the ques- tion shall be lost. 8. AVhen the Convention adjourns the members shall keep their seats until the Presiding Officer, if he please, goes out; then the members may follow. JOURNAL OF THE CONSTITUTIOISTAL CONVEIs'TION. 37 9. When any member is about to speak in debate, or deliver any matter to the Convention, he shall rise and re- spectfully address " Mr. President." If two or more rise at once, the Presiding Officer shall name the member who is first to speak. 10. Any member who has spoken once or oftener upon any question shall give place to any other member rising to speak, who has not spoken so often upon that question. 11. In the absence of the regular Presiding Ofiicers the Convention shall, without debate, from day to day, choose a member to preside, unless the President shall have designated a member to preside for the day. Whenever the President or the Vice-President presiding shall desire to participate in any debate or vote, he may designate any member to preside temporarily over the Convention. 12. Ko debate shall be allowed after a question is put and remains undecided. 13. When a motion is made it shall be stated to the Con- vention by the Presiding Ofiicer before any debate be had thereon; but every motion shall be reduced to writing, if the Presiding Ofiicer so direct, or any member request it. 14. When a question is under debate, no motion shall be received except (1) To adjourn; (2) To lay on the table; (3) For the previous question; (4) For the order of the day; (5) To postpone; (6) To close the debate at a specified time; (7) To commit; (8) To amend; which several motions shall have precedence in the order in which they stand arranged in this rule. 15. When a motion is stated by the Presiding Officer, or read by the Clerk, it shall be in possession of the Con- 38 JOURNAL OF THE CONSTITUTIONAL CONVENTION. vention, but may be withdrawn at any time before decision or amendment, but not after amendment, unless the Convention give leave. 16. All committees shall be appointed by the President, unless other^vise specially directed by the Convention. 17. If any member, in speaking or otherwise, transgress the Enles or Orders of the Convention, the Presiding Officer shall, or any member may, call him to order, and, if speaking, he shall sit down, unless permitted to explain; and the Pre- siding Officer shall then decide the question of order; but the party may appeal from the decision of the Presiding Officer to the Convention, which shall decide thereon without debate. 18. The Clerk shall keep a Journal of the Proceedings of the Convention, in which shall be entered all the votes that shall be taken in the Convention, and the yeas and nays when taken, and all other things proper to be entered in such a Journal; and shall cause a printed copy thereof to be placed upon the desk of each member at the opening of the next fol- lowing session. 19. A majority of the Convention shall constitute a quo- rum, but neither the whole nor any part of a proposed con- stitution shall be adopted except by the affirmative vote of a majority of all the delegates elected and sworn. 20. jSTo motion to reconsider a vote shall be made except on the day of the vote, or the next session day; and there shall be no vote of reconsideration on either of the following motions : to adjourn, for the previous question, or to recon- sider, and no question shall be twice reconsidered. 21. ISTo rule shall be suspended except by a vote of at least two-thirds of the delegates elected and sworn. 22. The rules of parliamentary practice shall govern the Convention in all cases to which they are applicable, and in which they are not inconsistent with these rules. On motion of Mr. Korthrop of Xewtown, the Convention, at 2.50 o'clock P. M., adjourned to meet on Wednesday at 11 o'clock A. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 39 Wednesday, January 8, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Eev. Charles H. Smith of Plymouth. CONVENTION RESOLUTIONS. Convention Eesolution ISTo. 26. (See Convention Journal, January 7th.) Mr. Loomis of Glastonbury introduced an amendment to the resolution providing for one representa- tive to a town instead of two, and moved that the amendment be tabled with the resolution. The amendment was so tabled. Convention Resolution iNo. 27. Mr. Perry of Fairfield introduced a resolution providing that all matters relating to the composition of the Senate and House of Representatives be considered in committee of the whole, and not reported to the Convention on the same day on which final action is taken thereon in committee. The resolution was discussed by Messrs. Perry of Fair- field, Davenport of Bridgeport, Yance of New Britain, and Brown of Norwich. The resolution was passed. Convention Resolution No. 28. Mr. Perry of Fairfield introduced a resolution providing that when the Convention adjourns from day to day in the absence of a contrary direc- tion, it be until half past ten in the morning of the next secular day. Mr. Milner of Plainfield moved to amend by striking out the words " half past ten " and inserting in lieu thereof the word " eleven." The amendment was discussed by Mr. Pelton of Clinton. The amendment prevailed. 40 JOURNAL OF THE CONSTITUTIONAL CONVENTION, The resolution was then passed as amended. Convention Resolution ISo. 29. Mr. Woodward of Nor- walk introduced a resolution directing the Clerk to prepare a manual containing such information as is usually con- tained in legislative manuals. The resolution was passed. Convention Resolution No. 30. Mr. Perry of Fairfield introduced a resolution providing that the Clerk cause all resolutions and written propositions introduced relating to changes in that part of the Constitution pertaining to the composition of the Senate and House of Representatives to be printed and distributed daily. The resolution was passed. The following Convention resolutions were introduced, and referred to the Convention of the whole : Convention Resolution 'No. 31. Mr. Clark of Haddam introduced a resolution providing that every town shall have two representatives, and that the Senate shall consist of seventy-two members: Fifteen from Hartford County, twenty-one from ISTew Haven County, nine from New London County, fourteen from Fairfield County, three from Wind- ham County, five from Litchfield County, three from Middle- sex County, and two from Tolland County. Convention Resolution No. 32. Mr. Osborn of New Ha- ven introduced a resolution providing that every town shall have one representative, and every town whose population is four thousand or over up to ten thousand shall be entitled to two representatives, and for every ten thousand population in excess of ten thousand, every town shall be entitled to send one additional representative. Convention Resolution No. 33. Mr. Clark of Haddam in- troduced a resolution providing that a committee of ten mem- bers of the Convention be appointed; five of which committee shall be republicans and five democrats, whose names shall JOURNAL OF THE C0X3TITUTI0NAL CONVENTION. 41 • be presented by a county caucus from each county to divide each county up into Senatorial Districts, and providing fur- ther that the committee shall make its report to the Secretary of State on or before July 1, 1902. Convention Eesolution jSTo. 34. Mr. Sears of Canton in- troduced a resolution providing that each town shall have one representative, and that the Senate shall be composed of not less than sixty-one nor more than eighty-one members. Convention Resolution No. 35. Mr. Hayes of Bethlehem introduced a resolution providing that each town shall send one representative to the General Assembly, and providing for the apportionment of the State into Senatorial Districts of not less than eight thousand nor more than twelve thou- sand inhabitants. Convention Eesolution Xo, 36. Mr. Fisk of Branford in- troduced a resolution providing for the submission to the people of two systems of representation, one in which repre- sentation in the House of Representatives is based on town- ships and in the Senate on districts, and the other in which members of both houses shall be elected from districts estab- lished on the basis of population. Convention Resolution No. 37. Mr. "Warner of Salisbury introduced a resolution " that we are in favor of equal repre- sentation from each town in the House of Representatives." The following resolutions were introduced and tabled: Convention Resolution No. 39. Mr. Davenport of Bridge- port introduced a resolution providing for the appointment and removal of j-udges of the Supreme and Superior Courts, that they shall hold office for twelve years, and that no judge or justice of the peace shall be capable of holding office after ari'iving at the age of seventy-five years. Convention Resolution No. 40. Mr. Merritt of Stamford introduced a resolution amending Section 3 of Article 5, so that judges of the Supreme and Superior Courts shall hold office during good behavior, and fixing the age limit at seventy-five years. 42 JOURNAL OF THE CONSTITUTIONAL CONVENTION. • Convention Resolution Iso. 41. Mr. Davenport of Bridge- port introduced a resolution extending the jurisdiction of the Sui^reme Court to errors of both law and fact. Mr. Perry of Fairfield raised the point of order that the resolution could not be received in accordance with a previous resolution passed by the Convention. The President ruled that the point of order was not well taken, and upon an appeal to the Convention his decision was sustained. Convention Resolution No. 42. Mr. Davenport of Bridge- port introduced a resolution providing that the General As- sembly of 1923 shall pass an act providing for the calling of a Constitutional Convention. Convention Resolution No. 43. Mr. Stevens of East Ha- ven introduced a resolution that the following rules be added and known as Rules 22 and 23, and that Rule now numbered 22 be known as Rule 24. The following are the proposed Rules : Rule 22. No person other than members, officers, report- ers, and employees of this Convention, unless on invitation of the President, or by a vote of the Convention, shall be ad- mitted on the floor. All permits granted by the President may be revoked by him at pleasure, or upon order of the Convention. Rule 23. While a member is speaking, no member shall entertain any private discourse, or pass between him and the chair, and no member shall speak or leave his place while the presiding officer is putting a question or a count is being iiad. On motion of Mr. Perry of Fairfield the resolution was re- ferred to the committee on Rules and Orders. Mr. Hall of Willington moved that the resolution, Conven- tion Resolution Number 3, appointing George E. Hinman of Windham Assistant Clerk of the Convention, and the ac- companying amendment appointing James M. Sullivan to the same position be taken from the table. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 4S The motion prevailed. Mr. Hall of Willington moved that the Convention pro- ceed to vote for Assistant Clerk by ballot. * The motion prevailed. On motion of Mr. AYoodward of j^orwalk the resolution, Convention Eesolution IN^umber 3, appointing George E. Hin- man Assistant Clerk, and the accompanying amendment be tabled temporarily to allow the committee on Reporting and Printing to make a report. The motion prevailed. REPORT OP A COMMITTEE. Convention Resolution iSTo. 38. The report of the com- mittee on Reporting and Printing, on a resolution employing an oiEcial stenogi'apher, recommending the passage of the resolution, was received, and explained by Mr. Vance of ISTew Britain, chairman of the committee on the part of the Con- vention. The resolution was discussed by Messrs. Warner of Salis- bury, Bro^vn of Norwich, Webb of Hamden, Milner of Plain- field, Davenport of Bridgeport, and Bugbee of Putnam. The resolution was then passed, and the report of the com- mittee accepted. Mr. Woodward of l!^orwalk moved that Convention Reso- lution jSTo. 3, resolution aj)pointing George E. Hinman Assist- ant Clerk, and an accompanying amendment appointing James M. Sullivan to the same position, be taken from the table. Mr. Osborn of Xew Haven asked and obtained the unani- mous consent of the Convention to strike out of the motion previously passed by the Convention the words " by ballot." The amendment was then discussed by Messrs. Warner of Salisbury, Webb of Hamden, Osborn of Xew Haven, Guil- foile of Waterbury, Loomis of Glastonbury, Waller of ISTew London, IN'orthrop of Middletown, Brown of ISTorwich, Daven- 44 JOURNAL OF THE CONSTITUTIO?rAL CONVENTION. port of Bridgeport, Tyler of Torrington, Clark of Hartford, Chandler of Thompson, Clark of Haddam, Milner of Plain- field, and Hall of Willington. On motion of Mr, Merritt of Stamford, the previous ques- tion was ordered. The motion to amend did not prevail. The resolution was then passed. Following is the resolution : Eesolved by this Convention : That George E. Hinman of Windham be and hereby is elected Assistant Clerk of this Convention. OATH OF OFFICE. The Clerk then administered to George E. Hinman the oath of office. On motion of Mr. Merritt of Stamford, the Convention, at 1.08 o'clock P. M., took a recess until 2 o'clock P. M. Wednesday afternoon, January 8, 1902. The Convention was called to order at 2 o'clock P. M., the President in the Chair. Convention Resolution jSTo. 38. The report of the com- mittee on Reporting and Printing, on a resolution appointing an official stenographer, was taken from the table, on motion of Mr. Smith of Plymouth. Mr. Smith of Plj-mouth moved that the Convention recon- sider its former action, in j)assing the resolution, and accej)t- ing the report of the committee. The motion was discussed by Messrs. Milner of Plainfield. Waller of 'New London, Warner of Salisbury, and Clark of Haddam. Mr. Milner of Plainfield moved that the motion to recon- JOURNAL OF THE CONSTITUTIONAL CONVENTION. 45 sider be tabled, but, by consent of the Convention, withdrew the motion. The motion to reconsider then prevailed. Mr, Waller of New London moved to amend by Schedule " A." The motion was discussed by Messrs. Waller of New^ Lon- don, Davenport of Bridgeport, Yance of ISTew Britain, Warner of Salisbury, and Merritt of Stamford. The motion to amend did not prevail. Mr. Milner of Plainfield moved that the resolution be tabled. The motion did not prevail. The resolution was then discussed by Messrs. Hall of Wil- lington, Vance of ISTew Britain, Davenport of Bridgeport, Perry of Lairfield, Brown of Xorwich, Clark of Haddam, and Loomis. of Glastonbury. The resolution was then rejected, and the report of the committee rejected. Convention Resolution ISTo. 4-i. Mr. Waller of New Lon- don introduced a resolution providing that a committee be ap- pointed to report a section or article prohibiting the General Assembly from enacting special legislation creating corpora- tions or amending, renewing, or extending the charters thereof. Mr. Waller of New London moved that the resolution be referred to the committee of the whole. Mr. Perry of Fairfield raised the point of order that the motion was not in order under Convention Kesolution No. 24 (See Convention JournaJ, January 7th), providing that amend- ments concerning the composition of the Senate and House of Kepresentatives be first considered. The President ruled that the point of order was well taken, and that the motion to refer was not in order. On motion of Mr. Waller of New London, the resolution was tabled. 46 JOURNAL OF THE CONSTITUTIONAL CONVENTION. ]\Ir. Loomis of Glastonbury moved that the Convention go into committee of the Avhole at 11.15 o'clock A. M. of the next session clay. Mr. Merritt of Stamford moved an amendment, that the Convention immediately go into committee of the whole. The amendment prevailed. The motion as amended was then passed. The President appointed Mr. Perry of Fairfield as chairman of the committee of the whole. The Convention, at 3.40 o'clock P. M., went into a com- mittee of the whole. COMMITTEE OF THE WHOLE. The committee was called to order at 3.40 o'clock P. M., Chairman Perry in the Chair. Mr. Waller of I^few London moved that the Clerks of the Convention act as Clerks of the committee of the whole. The motion prevailed. Mr. Vance of K'ew Britain, at 3.42 P. M., moved that the committee of the whole rise. The motion prevailed. Wednesday afternoon, January 8, 1902. The Convention was called to order at 3.42 o'clock P. M., the President in the Chair. Mr. Perry of Fairfield reported in behalf of the committee of the whole that the committee had met, organized, and risen, and ask leave to meet again. The report was accepted, and the request granted. On motion of Mr. Loomis of Glastonbury, the Convention, at 3.43 o'clock P. ]\r., adjourned to meet on Thursday, Jan- uary 9th, at 11 o'clock A. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 47 Thursday, January 9, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Eev. William Martin Brown of Bloomfield. CONVENTION RESOLUTIONS. Convention Resolution iSTo. 45. Mr. IsTorthrop of Middle- town introduced a resolution raising a committee of five on Contingent Expenses. The resolution was passed. Convention Resolution jSTo. 46. Mr. Merritt of Stamford introduced a resolution providing that the privileges of the floor be extended to the executive officers of the State, and to ex-executive officers and to the judges of the State. The resolution was passed. Convention Resolution JSTo. 47. Mr. Davenport of Bridge- port introduced a resolution providing that women be admitted as electors in this State. The resolution was tabled. Convention Resolution Xo. 48. Mr. Yance of Xew Britain introduced a resolution providing for a Senate of thirty mem- bers, and a House of Representatives based on one representa- tive for every five thousand of population, and where towns have less than five thousand, they shall be divided into dis- tricts, and send a representative for each district. The resolution was referred to the committee of the whole. Convention Resolution Xo. 49. Mr. Waller of :N"ew London introduced a resolution providing for the appoint- ment of a committee to formulate a resolution, providing that no member of the legislature shall receive a civil appointment 48 JOURNAL OF THE CONSTITUTIONAL CONVENTION. from the Governor or from the legislature during the time for which they are elected. The resolution was tabled. Convention Resolution 'No. 50. Mr. Osborn of New Ha- ven introduced a resolution passed by the ISTew Haven Civil Service Reform Association, calling the attention of the Con- vention to the following provision in the Constitution of the State of New York : "Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness, to be ascertained so far as practicable by examina- tion, which, so far as practicable, shall be competitive," and re- questing the passage of the resolution. The resolution was tabled. Convention Resolution No. 51. Mr. Hubbard of Durham introduced a resolution providing for a House of Representa- tives of 192 members, one representative from each town, and three representatives from each county, and for an increase of the Senate from forty-eight to sixty. The resolution was referred to the committee of the whole. Convention Resolution ISTo. 52. Mr. Clark of Hartford introduced a resolution providing that every town of less than five thousand population shall have one representative, and towns from five to fifteen thousand two representatives, and from fifteen to twenty-five thousand three representatives, and from twenty-five to fifty thousand four representatives, and from fifty to one hundred thousand five representatives, and more than one hundred thousand six representatives. The resolution was referred to the committee of the whole. BUSINESS ON THE CALENDAR. Convention Resolution Xo. 25. Resolution declaring that no committee shall be appointed, but that all questions affect- ing the Constitution shall be heard by the committee of the whole, was taken from the table on motion of Mr. Perry of Fairfield. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 49 Mr. Perry of Fairfield moved that the resolution be re- jected. The motion was discussed by Messrs. Perry of Fairfield and Clark of Haddam. The resolution was then rejected. MISCELLANEOUS. Mr. Davenport of Bridgeport rose to a question of persona] privilege. He said that it had been reported in the press, that he had, on the floor of the Convention, accused the dele- gate from Fairfield of an attempt to apply the gag rule. He stated that he regretted that he had, in the heat of debate and enthusiasm for his subject, used language which was impolite and inconsistent with his position as a delegate. Mr. Perry of Faii"field replied that he had not happened to hear anything said by the delegate from Bridgeport to which he had taken objection. Mr. N^orthrop of Middletown moved that when the Con- vention adjourn it be to meet on Tuesday, January 14th, at 12.30 o'clock P. M. The motion was discussed by Mr. Clark of Haddam. Mr. Perry of Fairfield moved to amend by changing the hour of meeting to 11 o'clock A. M. The amendment was discussed by Messrs. Milner of Plain- field and O'Connor of jSTorfolk. By unanimous consent Mr. Perry of Fairfield withdrew his amendment. The motion was then passed. On motion of Mr, Loomis of Glastonbury, the Convention, at 11.30 o'clock A. M., went into committee of the whole. COMMITTEE OF THE WHOLE. The committee was called to order at 11.32 o'clock A. M., Chairman Perry in the Chair. c. c— 4 50 JOUKNAL OF THE COXSTITUTIOIS'AL CONVENTION. Mr. Loomis of Glastonbury moved that the Clerk read all of the resolutions pertaining to changes in the Constitution. The motion prevailed. Mr. Bugbee of Putnam moved that the committee first con- sider Convention Kesolution Number 37 (see Convention Journal, January 8th). Mr. Bryant of Orange moved to amend by substituting Convention Resolution No. 32 (see Convention Journal, Janu- ary 8th), for No. 37. The amendment was discussed by Messrs. Bryant of Orange, Brown of Norwich, Osborn of New Haven, Loomis of Glastonbury, Davenport of Bridgeport, and AYAller of New London. Mr. Waller of New London moved an amendment that no amendment to the Constitution before the committee of the whole be considered until every delegate who so desired had discussed the general subject of representation. The amendment prevailed. The motion as amended was then passed. Mr. Milner of Plainfield moved that no vote be taken by the committee on any resolution at the present day's session. Mr. Loomis of Glastonbury moved that the motion be tabled. The Chairman ruled that the motion to table was not in order in the committee of the whole. The motion of Mr. Milner of Plainfield was discussed by Messrs. Loomis of Glastonbury and Pierce of Bristol. The motion was lost. The general question of representation was then discussed by Messrs. Clark of Haddam, Pierce of Bristol, and Daven- port of Bridgeport. On motion of Mr. Osborn of New Haven, the committee, at 1 o'clock P. M., took a recess until 1.45 o'clock P. M. JOURNAL OF THE CONSTITUTIOXAL COXVENTIOX. 51 Tliiirsday afternoon, Jannarv 9, l'J02. CO:SIMITTEE OF THE WHOLE. The committee was called to order at 1.45 o'clock P. M., the Chairman in the Chair. Mr. Davenport of Bridgeport resumed his discussion on the question of representation. Mr. Smith of Plymouth, at 3.25 P. M., moved that the committee of the whole rise. The motion prevailed. Thursday afternoon, January 9, 1902. The Convention was called to order at 3.25 o'clock P. M., the President in the Chair, Mr. Perry, as chairman of the committee of the whole, reported that the committee had met, considered the Con- stitution, reported progress, and asked leave to sit again. The report of the committee was accepted, and the request granted. On motion of Mr. Clark of Haddam, the Convention, at 3.29 o'clock P. M., adjourned to meet on Tuesday, January 14th, at 12.30 o'clock P. M. 52 JOURNAL OF THE CONSTITUTIOXAL CONVENTIOX. Tuesday, January 14, 1902. Tlie Convention was called to order at 12.30 o'clock P. M., the President in the Chair. Prayer was offered by the Chaplain, 'Rev. Charles H. Smith of Plymouth. CONVENTION RESOLUTIONS. Convention Resolution 'No. 53. Mr. Hubbard of Dur- ham introduced a resolution instructing the Clerk to have printed for the files the Bulkeley-Sperry compilation of the Constitution. The resolution was discussed by Mr. Hubbard of Dur- ham. The resolution was passed. Convention Resolution ISTo. 54. Mr. Stevens of East Haven introduced a resolution providing that the House of Representatives shall consist of one hundred and seventy-nine members, JSTew Britain, Norwich, Meriden, and Waterbury to be entitled to two representatives each, Bridgeport and Hartford three, New Haven four, and the remaining towns one each, and no new town shall be entitled to a representa- tive unless it has at least three thousand inhabitants. The resolution was referred to the committee of the whole. Convention Resolution No. 55. Mr. Wanzer of ISTew Fair- field introduced a resolution providing that each town shall have one representative, and the Senate shall consist of forty- eight members. The resolution was referred to the committee of the whole. Convention Resolution jSTo. 56. Mr. Xortlir5^3 of New town introduced a resolution providing that each town having a population of five thousand or less shall be entitled to the representation to which it is at present entitled; each town JOURNAL OF THE CONSTITUTIONAL CONVENTION. 63 having a population in excess of five thousand, two repre- sentatives for the first five thousand, and one additional for each ten thousand in excess of five thousand. The resolution was referred to the committee of the whole. Convention Kesolution ISTo. 57. Mr. ISTorthrop of New- town introduced a resolution providing for assessment by a jury of damages after default suffered or demurrer oveiTuled, if the plaintiff so elects. The resolution was tabled. Convention Eesolution No. 58. Mr. Davenport of Bridge- port introduced a resolution providing that the right of trial by jury shall remain inviolate, without distinction between plaintiff and defendant. The resolution was tabled. Convention Kesolution No. 59. Mr. Walsh of Ansonia introduced a resolution providing that all judges of city, municipal, and town courts shall be elected by plurality vote of the electors of the city, town, or municipality upon nomina- tion of the governor. The resolution was tabled. Convention Resolution No. 60. Mr. Davenport of Bridge- port introduced a resolution providing that judges of civil courts of common pleas and district courts shall be appointed by the General Assembly for terms of eight years. The resolution w^as tabled. Convention Eesolution No. 61. Mr. Walsh of Ansonia introduced a resolution providing that in all proceedings to recover damages, or for a permanent injunction sought on ac- count of persons abstaining from labor for another, or in which persons are alleged to have incited, influenced, or solici- ted others to so abstain, the defendants or respondents shall be entitled to a trial by jury, and any judge who shall have issued a temporary injunction in such case shall be disqualified to preside at such jury trial. The resolution was tabled. 54 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Convention Resolution Xo. 62. Mr. Davenport of Bridge- port introduced a resolution providing that in case of a disa- greement of the jury the court may, under certain conditions, accept a verdict agreed to by nine of the jurors. The resolution was tabled. Convention Resolution No. 63. Mr. Davenport of Bridge- port introduced a resolution providing that the Legislature shall fix the salaries of the judges of the Supreme and Supe- rior Courts. The resolution was tabled. Convention Resolution l\o. 64. Mr. Maltbie of Granby introduced a resolution providing that where a defendant "suffers a default it shall be a conclusive admission of legal lia- bility and of every material fact alleged by the opposing party, except the extent of his actual loss or damage. The resolution was tabled. Convention Resolution ]^o. 65. Mr. Maltbie of Granby introduced a resolution prohibiting the granting of special charters by the General Assembly. The resolution was tabled. Convention Resolution ISTo. 66. Mr. Hayes of Bethlehem introduced a resolution providing that no person shall be im- prisoned for debt unless upon refusal to deliver up his estate for his creditors, in such manner as shall be prescribed by law, or in cases where there is strong presumption of fraud. The resolution was tabled. Convention Resolution ISTo. 67. Mr. Davenport of Bridge- port introduced a resolution providing that no municipality shall by authority of the Legislature issue new bonds, except to take up an outstanding issue of bonds, until a majority of the qualified electors of such municipality shall vote in favor of such bond issue. The resolution was tabled. Convention Resolution No. 68. Mr. Davenport of Bridge- port introduced a resolution providing that no ex post facto JOURNAL OF THE CONSTITUTIONAL CONVENTION. 55 law and no retrospective act impairing vested rights shall ever be passed, nor shall the Legislature grant any petition for divorce. The resolution was tabled. Convention Resolution Ko. 69. Mr. Davenport of Bridge- port introduced a resolution providing that the Legislature of 1903 shall proceed to classify the cities of the State, and shall enact a charter applicable to each class of cities, and thereafter no law shall be passed changing the charter of any city unless it be made applicable to all the cities of the class. The resolution was tabled. Convention Resolution No. 70. Mr. Davenport of Bridge- port introduced a resolution providing that no citizen of the State will be compelled to support any congregation, church, or religious association, and defining the powers of such re- ligious bodies. The resolution was tabled. Convention Resolution JSTo. 71. Mr. Walsh of Ansonia introduced a resolution providing that all coroners be elected by the electors of the various counties. ' The resolution was tabled. Convention Resolution Xo. 72. Mr. Stevens of East Ha- ven introduced a resolution providing that all county officers, except judges of the Court of Common Pleas, shall be elected by the electors of the county. The resolution was tabled. Convention Resolution Xo. 73. Mr. Davenport of Bridge- port introduced a resolution providing that when a bill or resolution is vetoed by the Governor it shall require a tw^o- thirds vote of both branches of the General Assembly to pass the measure over the veto, and providing further that every order, resolution, or vote to which the concurrence of both Houses may be necessary, except in a question of adjourn- ment, or on matters of parliamentary proceedings, or an ad- 56 JOURNAL OF THE CONSTITUTIONAL CONVENTION. dress for removal from office, shall be presented to the Gov- ernor before it becomes a law. The resolntion was tabled. Convention Resolution No. 74. Mr. Stevens of East Ha- ven introduced a resolution providing that at the general elec- tion of 1902, and every twenty years thereafter, the electors of the State shall decide on the calling of a Constitutional Convention. The resolution was tabled. REPORT OF A COMMITTEE. Convention Resolution jSTo. 18. The report of the commit- tee on Reporting and Printing, on a resolution concerning the appointment by the Comptroller of a stenographer as assist- ant clerk, recommending the rejection of the resolution, was received, and explained by Mr. Vance of 'New Britain, chair- man of the committee on the part of the Convention. The resolution was rejected, and the report of the com- mittee accepted. APPOINTMENT OF A COMMITTEE. The President announced the appointment of the following delegates as the committee on Contingent Expenses : Messrs. Hall of Willington. Bailey of Groton. Bryant of East Hartford. Coe of Cromwell. Barnes of Sherman. Mr. Stevens of East Haven moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 12.55 P. M., went into committee of the whole. COMMITTEE OF THE WHOLE. The committee was called to order at 13.57 P. M., Chair- man Perry in the Chair. JOURNAL OF THE CONSTITUTIOXAL CONVENTION, 57 The general question of representation was discussed by Messrs. Holcomb of Soutliington, Dempsey of Danbury, Brinsmade of Washington, Vance of l^ew Britain, Bowen of Woodstock, and Davenport of Bridgeport. Mr. Kendrick of Wallingford, at 2.25 P. M., moved that the committee of the whole rise, report progress, and ask leave to sit again. The motion prevailed. Tuesday afternoon, January 14, 1902. The Convention was called to order at 2.26 o'clock P. M., the President in the Chair. The Chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen after instructing him to report progress and ask leave to sit again. The report was accepted, and the request granted. Mr. Perry of Fairfield moved that the Convention take a recess until 3 o'clock P. M. Mr, Milner of Plainfield moved as an amendment that the Convention adjourn to Wednesday, January 15th, at 11 o'clock A. M. The amendment did not prevail. The motion to take a recess until 3 o'clock P. M. pre- vailed, and the Convention, at 2.28 o'clock, took a recess. Tuesday afternoon, January 1-1, 1902. The Convention was called to order at 3 o'clock P. M., the President in the Chair. 58 JOURNAL OF TH]'] CONSTITUTIONAL CONVENTION. Convention Ecsohition iSTo. 15, A resolution concerning the final day for the admission of any resolution affecting the Constitution, and fixing the date as February 16th, and an accompanying amendment changing the date to February 1st, was taken from the table on motion of Mr. Merritt of Stam- ford. The motion to amend the resolution was discussed by Messrs. Davenport of Bridgeport, Perry of Fairfield, Guil- foile of Waterbury, Clark of Haddam, Pierce of Bristol, and Etheridge of Thomaston. The motion to amend did not prevail. On motion of Mr. Clark of Haddam, the resolution was tabled. Mr. Osborn of ISTew Haven moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 3,18 o'clock P. M., went into committee of the whole. COMMITTEE OF THE WHOLE. The committee was called to order at 3.19 P. M., Chairman Perry in the Chair. Mr. Warner of Salisbury moved that no vote be taken on the question of representation until Friday, January 17th. Mr. Milner of Plainfield moved as an amendment that a vote be taken on Tuesday, January 21st, at 2 o'clock P. M. Mr. Warner of Salisbury accepted the amendment. The motion w^as discussed by Messrs. Northrop of Middle- town and Clark of Haddam. Mr. Clark of Haddam moved that the motion be tabled. The Chairman ruled that a motion to table was not in order in committee of the whole. The motion was further discussed by Messrs. Chandler of Thompson, AVarner of Salisbury, and Brown of Xorwich. Mr. Hall of Willington raised the point of order that the JOURNAL OF THE CONSTITUTIONAL CONVENTION. 69 motion "svas not in order because the committee cannot by such a vote bind the Convention. The Chairman ruled that the point of order was not well taken, as the motion applies only to the committee of the whole, and the vote of the committee produces merely a report to the Convention. Mr. Waldo of Scotland moved as an amendment that a vote on the question of representation be not taken before Tuesday, January 21st, at 2 o'clock P. M. Mr. Warner of Salisbury accepted the amendment. The motion, as amended, prevailed. Mr. Xorthrop of Newtown, at 3.35 o'clock P. M., moved that the committee of the whole rise, report progress, and ask leave to sit again. The motion prevailed. Tuesday afternoon, January l-t, 1902. The Convention was called to order at 3.36 o'clock P. M., the President in the Chair. The Chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen after instructing him to report progress, and ask leave to sit again. The report was accepted, and the request granted. On motion of Mr. Wakeman of Westport, the Convention, at 3.38 o'clock P. M., adjourned, to meet on Wednesday, at 11 o'clock A. M. 60 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Wednesday, January 15, 1902. The Convention was called to order at 11 o'clock A. M., tlie President in the Chair. Prayer was offered by the Chaplain, Eev. "William Martin Brown of Bloomfield. CONVENTION RESOLUTIONS. The following resolutions were introduced, and referred to the committee of the whole : Convention Pesolution Xo. 75. Mr. Chipmau of East Lyme introduced a resolution providing that every town shall have one representative, and every town over ten thou- sand population shall have two representatives, and one ad- ditional representative for every fifteen thousand in excess of said ten thousand population. Convention Resolution jSTo. 76. Mr, Chipman of East Lyme introduced a resolution revising article third, provid- ing for a legislature consisting of two distinct branches, the Senate and the House of Representatives. All laws shall originate and be first passed by an affirmative majority vote in one of the independent branches, and then be finally passed by a majority vote of the Senators and Representatives by yeas and nays in a joint session sitting as one body, to be called the General Assembly. Convention Resolution 'No. 77. Mr. Clark of Haddara in- troduced a resolution providing that each town shall elect two representatives to the House of Representatives. Convention Resolution JSTo. 78. Mr. Milner of Plainfield introduced a resolution providing for one representative from each town, and for a Senate consisting of thirty-six mem- bers. Convention Resolution No. 79. Mr. Warner of Salisbury JOURNAL OF THE COXSTITUTIOXAL CONVENTION. 61 introduced a resolution providing that the Convention is in favor of an increase in the number of Senators and of equal representation in said increased Senate based upon population in contiguous territory. The following resolutions were introduced and tabled : Convention Resolution Xo. 80. Mr. Davenport of Bridge- port introduced a resolution providing that no preference shall be given by law to any religious sect or mode of worship. Convention Eesolution Xo. 81. Mr. Davenport of Bridge- port introduced a resolution providing that no person shall for one offense be twice put in jeopardy of life, liberty, or property. Convention Resolution Xo. 82. Mr. Davenport of Bridge- port introduced a resolution providing that all appeals from judgments of justices of the peace and police courts in crim- inal cases shall be taken to the Superior Court in the several counties. Convention Resolution ISTo. 83. Mr. Davenport of Bridge- port introduced a resolution providing that the State's Attor- neys in the State shall be appointed by the Governor. Convention Resolution Xo. 81. Mr. Xorthrop of Middle- town introduced a resolution providing for the election of all State's Attorneys by the plurality vote of the electors of the several counties, and that their term of office be for four years. Convention Resolution Xo. 85. Mr. Davenport of Bridge- port introduced a resolution providing for annual session of the General Assembly. Convention Resolution Xo. 86. Mr. Warner of S-ilisbury introduced a resolution from the Connecticut Women's Suf- frage Association praying that the Convention allow them to present their views on woman suffrage to the Convention. Mr. Waller of Xew London moved that the resolution be referred to a special committee of five to be appointed by the President. The motion prevailed. 62 JOURNAL OF THE CO^"STITUTIOXAL COXVEXTIOX. The President announced the appointment of the following delegates as the committee : Messrs. "Warner of Salisbury. Waller of jSTew London. Skinner of Andover. Grant of Enfield. Pierce of Bristol. RErORT OF A COMMITTEE. Convention Resolution No. 43. The report of the commit- tee on Rules and Orders, on a resolution amending the rules and orders of the Convention, recommending the rejection of the resolution, and the passage of an accompanying resolution as a substitute therefor, was received, and explained by ^Ir. "Warner of Salisbury, chairman of the committee on the part of the Convention. On motion of Mr. "Warner of Salisbury, the substitute reso- lution was passed, and the report of the committee accepted. The following is the resolution : Resolved by this Convention : That Rule 22 be made " Rule 24." That the following be adopted as " Rule 22 " : " Rule 22. 'No person other than the members, officers, and employees of this Convention, the executive officers and judges of the State, former executive officers of the State, and reporters shall be admitted on the floor of the Convention, unless upon the invitation of the presiding officer." That the following be adopted as " Rule 23 " : " Rule 23. ISTo member shall leave his seat w^hile the pre- siding officer is putting a question or while a count is being taken," Mr. Stevens of East Haven moved that the Convention go into committee of the wdiole. The motion prevailed. JOUKNAL OF THE CONSTITUTIONAL CONVENTION. 63 The President designated Mr. Waller of 'New London as chairman of the committee of the whole, and, at 11.30 o'clock A. M., the Convention went into committee of the whole. COMMITTEE OF THE WHOLE. The committee was called to order at 11.32 A. M., Chair- man Waller in the Chair. The general question of representation was discussed by Messrs. Bryant of Orange, Brown of ISTorwich, Walsh of An- sonia, and Vance of l^ew Britain. At 1 o'clock P. M., the committee, on motion of Mr. Loomis of Glastonbury, took a recess until 1.45 o'clock P. M. Wednesday afternoon, January 15, 1902. The committee was called to order at 1.45 P. M., Chairman Waller in the Chair. The general question of representation was further dis- cussed by Messrs. Merritt of Stamford, Clark of Haddam, Hale of Portland, Whittlesey of Morris, Pelton of Clinton, Hall of West Hartford, and Davenport of Bridgeport. Mr. Loomis of Glastonbury, at 3.38 P. M., moved that the committee of the whole rise, report progress, and ask leave to sit again. The motion prevailed. Wednesday afternoon, January 15, 1902, The. Convention was called to order at 3.39 o'clock P. ]\L, the President in the Chair. The chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, 64 JOURNAL OF THE CONSTITUTIONAL CONVENTION. and risen after instructing liim to report progress, and ask leave to sit again. The report was accepted, and the request granted. CONVENTION RESOLUTIONS. The following resolution was introduced, and referred to the committee of the whole : Convention Resolution jSTo. 87. Mr. Hall of AVillington introduced a resolution changing the name of the General Assembly to " The Senate or Court of the People, and the House of Representatives or Court of the Towns," and both together to be known as " The General Court or The General Assembly." The following resolutions were introduced, and tabled : Convention Resolution 'No. 88. Mr. Hall of Willington introduced a resolution providing that Judges of Probate shall be elected for the term of four years. Convention Resolution ISTo. 89. Mr. Hall of Willington introduced a resolution providing that Selectmen and other town officers shall be elected for the term of two years. On motion of Mr. Smith of Plymouth, the Convention, at 3.40 o'clock P. M., adjourned, to meet on Thursday, at 11 o'clock A. M. JOURNAL OF THE CONSTITUTIO^'AL CONVENTION. 65 Thursday, January 16, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Kev. Charles H. Smith of Plymouth. CONVENTION RESOLUTIONS. The following resolutions were introduced, and referred to the committee of the whole : Convention Eesolution Xo. 90. Mr. Davenport of Bridge- port introduced a resolution providing that the Convention will not reduce the representation of the seven largest towns to the same number as the seven smallest towns. Convention Eesolution jSTo. 91. Mr. Brothwell of Chester (by request) introduced a resolution providing for a Senate of from twenty-four to thirty-six members, and one representative from each town. Convention Eesolution Xo. 92. Mr. Davenport of Bridge- port (by request) introduced a resolution providing for a Senate of forty members to be elected from the several counties in the State, and providing for a House of Eepresentatives con- sisting of two hundi'ed and forty-three members, each town to have one Eepresentative, and the larger towns to have addi- tional Eepresentatives. The following resolutions were introduced and tabled : Convention Eesolution Xo. 93. Mr. Guilfoile of AYater- bury introduced a resolution providing that County Com- missioners shall be elected by the electors of the several counties. Convention Eesolution Xo. 94. Mr. "Warner of Salisbury introduced a resolution providing for the compensation of the judges of the courts of this State. c. c— 5 66 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Convention Resolution iSTo. 95. Mr. Hayes of Betlileliem introduced a resolution providing that in case of a veto by the Governor, it shall require a two- thirds vote of each branch of the General Assembly to pass the measure over such veto, and also requiring that appropriations out of the treasury shall specify the objects and purposes of said appropriations. Convention Resolution 'No. 37. (See Convention Jour- nal, January 8th.) Mr. ISTorthrop of Middletown introduced an amendment to the resolution as follows : " In line one strike out the word ' equal.' " The amendment was referred to the committee of the whole. Convention Resolution No. 72. (See Convention Jour- nal, January 14th.) Mr. Stevens of East Haven introduced an amendment to the resolution as follows : " Insert the fol- lowing after the words ' Common Pleas,' ' County Health Officers and County Coroners.' " The amendment was tabled. Mr. Smith of Plymouth introduced a memorial from the Woman's Christian Temperance Union of Connecticut in favor of the omission from the Constitution of the word " male " in connection with the elective franchise. On motion of Mr. Smith of Plymouth the memorial was referred to the committee on Woman Suffrage. Mr. Warner of Salisbury moved that when the Convention adjourn it be to meet on Tuesday, January 21st, at 12.30 o'clock P. M. The motion prevailed. Mr. Merritt of Stamford moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 11.15 o'clock A. M., went into committee of the whole. COMMITTEE OF THE WHOLE. The Committee was called to order at 11. IG o'clock A.M., Chairman Waller in the Chair. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 07 The general question of representation Avas discussed by Messrs. Phelps of Yernon and Osborn of Xew Haven. xit 12.45 o'clock P. M., the committee, on motion of Mr. Merritt of Stamford, took a recess until 2 o'clock P. M. Thursday afternoon, January 16, 1902. The Committee was called to order at 2 o'clock P.M., Chair- man Waller in the Chair. The general question of representation was further dis- cussed by Messrs. Clark of Hartford and Perry of Fairfield. [Mr. Yance of !N'ew Britain in the Chair.] The general question of representation was further dis- cussed by Messrs. Webb of Hamden, Fisk of Branford, and Bartlett of Simsbury. Mr. Bartlett of Simsbury gave way for a motion to rise to continue his discussion at the next session of the committee. Mr. Healy of Windsor Locks, at 3.55 P. M., moved that the committee of the whole rise, report progress, and ask leave to sit again. The motion prevailed. Thursday afternoon, January IG, 1902. The Convention was called to order at 3.56 o'clock P. M., the President in the Chair. The chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen after instructing him to report progress, and ask leave to sit again. The report was accepted, and the request granted. On motion of Mr. Clark of Fladdam, the Convention, at 3.57 o'clock P. M., adjourned to meet on Tuesday, January 21st, at 12.30 o'clock P. M. 68 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Tuesday, January 21, 1902. The Convention was called to order at 12.30 o'clock P. M., the President in the Chair. Prayer was offered by the Chaplain, Rev. William Martin Brown of Bloomfield. CONVENTION RESOLUTIONS. Convention Resolution 'No. 96. Mr. Clark of Haddam introduced a resolution adopting a compilation of the present Constitution and amendments. The resolution was referred to the committee of the whole. Convention Resolution No. 97. Mr. Pisk of Branford in- troduced a resolution reserving to each town an equal right to that of the General Assembly to exercise legislative powers pertaining to its own territory, providing for one Representa- tive from each town, and Senatorial districts of equal popu- lation. The resolution was referred to the committee of the whole. Convention Resolution No. 98. Mr. Stevens of East Ha- ven introduced a resolution providing for and forming thirty- nine Senate districts, each of which shall choose one Senator. The resolution was referred to the committee of the whole. Convention Resolution No. 99. Mr. Bailey of Groton in- troduced a resolution providing that every town shall be en- titled to send one Representative, every town of five thousand population two Representatives, every town of twenty thou- sand three Representatives, and one additional Representa- tive for each twenty thousand in excess of twenty thousand. The resolution was referred to the committee of the whole. Convention Resolution No. 100. Mr. Osborn of New Haven (by request) introduced a resolution providing for thirty-two Senatorial districts, each to send one Senator and one member of the House of Representatives from each town. JOURNAL OF THE CONSTITUTIOiSrAL CONVENTION. G9 The resolution was referred to the committee of the whole. Convention Resolution Xo. 101. Mr. Smith of Plymouth introduced a resolution providing that each town shall be entitled to send one Representative, and each city and bor- ough entitled to send one additional Representative. The resolution was referred to the committee of the whole. Convention Resolution No. 102. Mr. Beach of New Mil- ford introdviced a resolution providing that an action to re- cover damages for personal injuries received on an electric car, engine, or railroad train shall not be defeated by reason of the injuries being received through the negligence of a coemployee. The resolution was tabled. Convention Resolution jSTo. 103. Mr. Stevens of East Ha- ven introduced a resolution providing for the trial of im- peachments by the President of the Senate, a major part of the Senators, and judges of the Court of Errors, that no judi- cial officer shall exercise his duties after articles of impeach- ment are preferred until acquitted, and that judgment shall not extend further than removal from office and disqualifica- tion from holding office. The resolution was tabled. Convention Resolution JSTo. 104. Mr. "Walsh of Ansonia (by request) introduced a resolution amending Section 9, Article 1, so that the private books, papers, or memoranda of an accused person cannot be taken from him involuntarily and used as evidence against him, and that no person shall be holden for a crime the punishment of which may be im- prisonment in State Prison for ten years or more unless upon a presentment or indictment of a grand jury. The resolution was tabled. Mr. Stevens of East Haven moved that the Convention go into committee of the whole. The motion prevailed, and the CouA^ention, at 12.45 o'clock P. M., went into committee of the whole. 70 JOURNAL OF THE CONSTITUTIONAL CONVENTION. COMMITTEE OF THE WHOLE. The committee was called to order at 12.46 o'clock P. M., Chairman Perry in the Chair. The general question of representation was discussed by- Mr. Bartlett of Simsbury. Mr. Holcomb of Southington, during Mr. Bartlett's ad- dress, raised the point of order that the Speaker was not dis- cussing the question before the committee. The point of order was discussed by Messrs. Waller of Kew London and Clark of Haddam. Chairman Perry ruled that he could only request the speaker to keep as near as possible to the question under dis- cussion. Mr. Waller of ^ew London, at 3 o'clock P. M,, moved that the committee rise at 3.30 o'clock, Mr. Bartlett of Simsbury to continue his discussion at the next session of the committee. The motion was discussed by Messrs. Milner of Plainfield and Brown of Xorw^ich. By unanimous consent, Mr. Waller of Xew London with- drew his motion, and Mr. Bartlett of Simsbury continued his discussion. Mr. I^orthrop of Newtown, at 3.37 o'clock P. M., moved that the committee rise, report progress, and ask leave to sit again. The motion prevailed. Tuesday afternoon, January 21, 1902. The Convention was called to order at 3.38 o'clock P. M., the President in the Chair. The chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen, after instructing him to report progress, and ask leave to sit again. The report was accepted, and the request granted. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 71 CONVENTION RESOLUTION. Convention Eesolntion Xo. 103a. Mr. Hubbard of Dur- ham introduced a resolution providing that no delegate shall hold the floor for the purpose of debate longer than forty- five minutes, except by unanimous consent. On motion of Mr. Waller of Xew London the resolution was tabled. On motion of Mr. Perry of Fairfield, the Convention, at 3.40 o'clock P. M., adjourned to meet on Wednesday, Jan- uary 22d, at 11 o'clock A. M. 72 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Wednesday, January 22, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prajer was offered by the Chaplain, Eev. Charles H. Smith of Plymouth. CONVENTION RESOLUTIONS. Convention Pesolution ISTo. 105. Mr. Stevens of East Haven introduced a resolution prescribing a form of oath of office for public officers, including a declaration that the officer has not paid, offered, or promised to pay anything as a con- sideration or reward for the giving or withholding a vote at the election at which he was elected, nor made any promise to influence the giving or withholding of such vote. The resolution was tabled. Convention Eesolution ISTo. 106. Mr. Stevens of East Haven introduced a resolution providing that no bill shall be passed or become a law unless it shall have been printed and upon the desks of the members in its final form at least three days prior to its passage, nor shall any bill be passed ex- cept by the assent of a majority of the members of each branch of the legislature; that no amendment shall be allowed upon the last readings, and the vote on the bill taken by yeas and nays; also that no private or local bill shall embrace more than one subject, and that expressed in its title. The resolution was tabled. Mr. Hayes of Bethlehem moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 11.05 o'clock A. M., went into committee of the whole. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 73 COMMITTEE OF THE WHOLE. The committee was called to order at 11.06 o'clock A. M., Chairman Perry in tlie Cliair. The general question of representation was discussed bv Messrs. Hubbard of Durham, Chandler of Thompson, and Waller of jSTew London. Mr. Clark of Haddam, at 12.45 o'clock P. M., moved that the committee of the whole take a recess until 2 o'clock P. M. The motion prevailed. "Wednesday afternoon, January 22, 1902. COMMITTEE OF THE WHOLE. The committee was called to order at 2 o'clock P. M., the Chairman in the Chair. The general question of representation was discussed by Messrs. Warner of Salisbury and Guilfoile of Waterbury. Mr. Smith of Plymouth, at 3.37 P. M., moved that the committee of the whole rise, report progress, and ask leave to sit again. The motion prevailed. Wednesday afternoon, January 22, 1902. The Convention was called to order at 3.38 P. M., the Pres- ident in the Chair. The chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen, after instructing him to report progress, and ask leave to sit again. The report was accepted, and the request granted. On motion of Mr. Clark of Haddam, the Convention, at 3.39 o'clock P. M., adjourned to meet on Thursday, January 23d, at 11 o'clock A. M. 74 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Thursday, January 23, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Rev. "William Martin BroMTi of Bloomfield. CONVENTION RESOLUTIONS. Convention Resolution JSTo. 107. Mr. Osborn of New Haven (by request) introduced a resolution requesting the Comptroller to compile and have printed the constitutional provisions of the different states regarding the enactment of special legislation. The resolution was discussed by Messrs. Perry of Fairfield and Osborn of Xew Haven. On motion of Mr. Osborn of ]Srew Haven the resolution was tabled. Convention Resolution Xo. 108. Mr. Smith of Cheshire introduced a resolution providing that a day not earlier than July 7th be fixed for final adjournment of the Convention, and that the first Monday of October be assigned for vote of the people on the ratification of the new Constitution. The resolution was discussed by Mr. Smith of Cheshire. On motion of Mr. Smith of Cheshire, the resolution was tabled. Convention Resolution ISTo. 109. Mr. Davenport of Bridge- port introduced a resolution providing that the Governor shall have power to grant reprieves and pardons for all offenses against the State, except in cases of impeachments. The resolution was tabled. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 75 Convention Eesolution No. 110. Mr. Walsli of Ansonia introduced a resolution providing that when private property is sought to be taken for public use the owner shall have the right to a trial by jury as to the value thereof. The resolution was tabled. Convention Eesolution ISTo. 111. Mr. "Walsh of Ansonia introduced a resolution providing that the right of trial by jury shall include all actions at law, as now administered, in- cluding all hearings and judicial hearings in damages upon default or demurrer overruled, also the trial of all cases wherein equitable modes of procedure may hereafter be in- stituted for the same matters as are now cognizable by courts of law. The resolution was tabled. Convention Eesolution ISTo. 112. Mr. Walsh of Ansonia introduced a resolution providing that the judges of all courts of original jurisdiction, except municipal and justice courts, shall perform their duties upon circuit, and not be assigned for any one county for a longer consecutive period than three months. The resolution was tabled. Mr. Perry of Fairfield moved that when the Convention adjourn it adjourn to meet on Friday, January 24:th, at 11 o'clock A. M. Mr. IsTorthrop of JSTewtown moved to amend by making the time Tuesday, January 28th, at 12.30 o'clock P. M. The motion to amend was discussed by Messrs. ISTorthrop of IS^ewtown, Perry of Fairfield, Brown of ISTorwich, Clark of Haddam, Vance of ISTew Britain, and Strong of Warren, The motion to amend prevailed. The motion was then passed as amended. Mr. Smith of Plymouth moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 11.25 o'clock A. M., Avent into committee of the whole. 76 JOURNAL OF THE CONSTITUTIONAL CONVENTION. COMMITTEE OP THE WHOLE. The Committee was called to order at 11.26 o'clock A. M., Chairman Peny in the Chair. The general question of representation was discussed by Messrs. Sanford of Redding, Griswold of Guilford, and Hayes of Bethlehem. Mr. Loomis of Glastonbury, at 12.45 o'clock P. M., moved that the committee of the whole take a recess until 1.45 o'clock P. M. The motion prevailed. Thursday afternoon, January 23, 1902. COMMITTEE OF THE WHOLE. The Committee was called to order at 1.45 o'clock P. M., the Chairman in the Chair. The general question of representation was discussed by Messrs. Kendrick of Wallingf ord, Charter of Ellington, Wake- man of Westport, and Fisk of Branford. Mr. Belden of Canaan, at 3.10 P. M., moved that the committee of the whole rise, report progress, and ask leave to sit again. The motion prevailed. Thursday afternoon, January 23, 1902. The Convention was called to order at 3.11 P. M., the Pres- ident in the Chair. The chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, JOURNAL OF THE CONSTITUTIONAL CONVENTION. 77 and risen, after instructing him to report progi-ess, and ask leave to sit again. The report was accepted, and the request granted. Mr. Vance of ISTew Britain raised the point of order that the Convention was not properly in session because, as he claimed, the motion that the committee of the whole rise had not been put and carried. The point of order was discussed by Mr. Skinner of An- dover. The President ruled that as the Chairman of the com- mittee of the whole had declared the motion to rise carried and vacated the Chair, the point of order was not well taken. Mr. Osborn of ISTew Haven moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 3.13 o'clock P. M., went into committee of the whole. COMMITTEE OF THE WHOLE. The Committee was called to order at 3.14 o'clock P. M., Chairman Perry in the Chair. The Chairman explained, with reference to the point of order raised in the Convention, that according to custom in committee of the whole the motion to rise had been put by in- quiry if there was objection to the passage of the motion, and, no objection being made, the motion was considered as prevail- ing unanimously. The general question of representation was discussed by Messrs. Northrop of Xewtown and Davenport of Bridgeport. Mr. Brown of Norwich, at 3.46 P. M., moved that the committee of the whole rise, report progress, and ask leave to sit again. The motion prevailed. 78 JOURNAL OF THE CONSTITUTIOXAL CONVENTION. Thursday afternoon, January 23, 1902. Tlie Convention was called to order at 3.47 o'clock P. M., the President in the Chair. The chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen, after instructing him to report progress, and ask leave to sit again. The report was accepted, and the request granted. On motion of Mr. Clark of Haddam, the Convention, at 3.48 o'clock P. M., adjourned to meet on Tuesday, at 12.30 o'clock P. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 79 Tuesday, January 28, 1902. The Convention was called to order at 12.30 o'clock P. M., the President in the Chair. . Prayer was offered by the ChajDlain, Eev. Charles H. Smith of Plymouth. CONVENTION RESOLUTIONS. Convention Eesolution jSTo. 113. Mr. Waller of Xew Lon- don introduced a resolution requesting the Comptroller to cause to be compiled and printed, for the use of the delegates, the provisions of the Constitutions of other states in regard to granting charters other than municipal, in regard to spe- cial legislation, and in regard to appointing to other office members of the General Assembly during their term. The resolution was discussed by Mr. Waller of New London. The resolution was then passed. Convention Resolution Xo. 114. Mr. Waller of ISTew London introduced a resolution requesting the Comptroller to cause to be compiled and printed the provisions of the Con- stitution of Rhode Island, adopted within four years, regard- ing representation in the General Assembly of the towns of said State in one body, and the people of said State in an- other body. The resolution was discussed by Messrs. Waller of Xew London, Perry of Fairfield, Clark of Haddam, and Daven- port of Bridgeport. The resolution was then passed. Convention Resolution ISTo. 115. Mr. Clark of Haddam introduced a resolution providing that all towns of twenty- five thousand population and over shall have two representa- tives, and that the one hundred and sixty-two towns which 80 JOURNAL OF THE CONSTITUTIOIs^^L CONVENTION. now have less than tAventj-five thousand shall alternately liave two representatives, eighty-one towns to have two in the session of 1903, and quadrennially thereafter, and the other eighty-one towns two in the session of 1905, and quadren- nially thereafter. The resolution was referred to the committee of the whole. Convention Eesolution 'No. 116. Mr. Clark of Haddam introduced a resolution providing that towns of less than fifteen hundred population shall have one representative, fifteen hundred to fifteen thousand population, two; fifteen thousand to twenty-five thousand, three; twenty-five thou- sand to fifty thousand, four; fifty thousand to one hundred thousand, five, and over one hundred thousand, six, and that each town having more than two representatives shall be divided into districts, each district to elect one representative. The resolution was referred to the committee of the whole. Convention Resolution ISTo. 117. Mr. Clark of Haddam introduced a resolution providing that towns of less than fifteen hundred population shall send one representative; of fifteen hundred to twenty-five thousand, two; of twenty-five thousand to fifty thousand, three; of fifty thousand and over seventy-five thousand, four representatives. The resolution was referred to the committee of the whole. Convention Eesolution ISTo. 118. Mr. Clark of Haddam introduced a resolution providing that each towm shall be en- titled to send two representatives, and the State shall pay to each town, for each session of the General Assembly, three hundred dollars and one mileage for one representative, and if the town sends another representative it be without ex- pense to the State. The resolution was referred to the committee of the whole. Convention Eesolution No. 119. Mr. Warner of Salis- bury introduced a resolution providing that no towm shall be deprived of its representation in the General Assembly without its consent. JOURNAL OF THE CONSTITUTIONAL CONVENTION, 81 The resolution was referred to the committee of the whole. Convention Eesolution Xo. 120. Mr. Griswold of Guil- ford introduced a resolution providing for the adoption of what is known as the Sperrj compilation of the Constitution, with such changes as mav be hereafter made in Sections 3, 4, and 5 of Article Third relating to representation. The resolution was referred to the committee of the whole. Convention Resolution jSTo. 121. Mr. Osborn of ISTew Haven introduced a resolution providing that all judges except justices of the peace shall be appointed by the General As- sembly on nomination of the Governor. The resolution was tabled. Convention. Eesolution Xo. 122. Mr. Waller of jSTew London introduced a resolution raising a committee to re- port a provision concerning the practice of law by judges of inferior courts. The resolution was tabled. Convention Resolution Iso. 123. Mr. Bailey of Groton in- troduced a resolution providing against any change in the present method of appointment of State's Attorneys. The resolution was tabled. Convention Resolution Xo. 124. Mr. "Warner of Salis- bury introduced a resolution providing that the same formali- ties and requisites as are necessary in altering or amending the Constitution be required in calling a Constitutional Conven- tion. The resolution was tabled. Convention Resolution Xo. 125. Mr. Davenport of Bridge- port introduced a resolution providing for the forfeiture of the charter of any corporation which expends any of its funds for lobbying purposes, or in aid of the election or de- feat of any State or municipal officer. The resolution was tabled. Convention Resolution Xo. 126. Mr. Russell of South- bury introduced a resolution providing that all voters whether c. c— 6 82 JOURNAL OF THE COXSTITUTIOXAL CONVENTION. married or single shall have equal rights of registration and voting. The resohition was tabled. Convention Resolution Xo. 127. Mr. Davenport of Bridge- port introduced a resolution against the proposed change by the Congress of the United States from the plural to the singular number in designating the states of the union. The resolution was tabled. MISCELLANEOUS. Convention Resolution Xo. 107. (See Convention Jour- nal, January 23d.) Resolution concerning a compilation of constitutional provisions regarding special legislation was taken from the table on motion of Mr. Osborn of ISTew Ha- ven. By unanimous consent, Mr. Waller of Xew London, at whose request the resolution was introduced, withdrew the resolution. Mr. Loomis of Glastonbury moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 1.12 o'clock P. M., went into committee of the whole. COMMITTEE OF THE WHOLE. The Committee was called to order at 1.13 o'clock P. M., Chairman Perry in the Chair. The general question of representation was discussed by Messrs. Davenport of Bridgeport and Sperry of South Wind- sor. Mr. Clark of Haddam moved that the Committee shall not take a vote on the question of representation in the House or Senate before Tuesday, February 4th, at 1 o'clock P. M. The motion was discussed by Messrs. Clark of Haddam, Loomis of Glastonbury, Merritt of Stamford, Brown of Nor- wich, and Milner of Plainfield. JOURNAL OF THE CONSTITUTIONAL OONVENTIO:Sl . 83 Mr. Milner of Plainfield moved as an amendment that a vote be taken on Tlinrsdaj, January SOth, at 1 o'clock P. M. The amendment was discussed by Mr. Osborn of New Ha- ven. By nnanimons consent, Mr. Milner of Plainfield withdrew his amendment. The motion of Mr. Clark of Haddam did not prevail. Mr. Stevens of East Haven, at 3.45 P. M., moved that the committee of the whole rise, report progress, and ask leave to sit again. The motion prevailed. Tuesday afternoon, January 28, 1902. The Convention was called to order at 3.46 P. M., the President in the Chair. The chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen, after instructing him to report progress, and ask leave to sit again. The report was accepted, and the request granted. Mr. Osborn of New Haven rose to a question of personal privilege, and, addressing the Convention, denied any re- sponsibility for an anonymous document that had been mailed to the members of the Convention from the city which he represented. He stated that he Avas unacquainted with its aul^hor, and was not in sympathy with the spirit and .temper in which it was written. On motion of Mr. Sumner of Bolton, the Convention, at 3.47 o'clock P. M., adjourned to meet on Wednesday at 11 o'clock A. M. 84 JOURNAL OF THE CONSTITUTIOXAL CONVE^"'iIOJN. Wednesday, Janiiarj 29, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair, Prayer was offered by the Chaplain, Eev. William Martin Brown of Bloomfield. Mr. Merritt of Stamford moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 11.07 o'clock A. M., went into committee of the whole. COMMITTEE OF THE WHOLE. The Committee was called to order at 11.08 o'clock A. M., Chairman Waller in the Chair. The general question of representation was discussed by Messrs. Bissell of Suffield and Clark of Haddam. [Mr. Guilfoile of Waterbury in the Chair.] The general question of representation was further dis- cussed by Messrs. Clark of Haddam, Waller of ]^ew London, and Etheridge of Thomaston. Mr. Clark of Haddam, at 12.47 o'clock P. M., moved that the committee of the whole take a recess until 2 o'clock P. M. The motion prevailed. Wednesday afternoon, January 29, 1902. COMMITTEE OF THE WHOLE. The Committee was called to order at 2 o'clock P. M., Mr. Guilfoile of Waterbury in the Chair. The general question of representation was discussed by Mr. Hotchkiss of Prospect. JOURNAL OF THE COXSTITUTIOXAL CONVENTION. 85 [Chairman "Waller in tlie Chair.] The general question of representation was further dis- cussed by Mr. Hotehkiss of Prospect. [Mr. Meri-itt of Stamford in the Chair.] The general question of representation was further dis- cussed by Messrs. Hotehkiss of Prospect, Waldo of Scotland, Bowen of "Woodstock, Collins of Columbia, "Webb of Ham- den, and Pierce of Bristol. Mr. Etheridge of Thomaston moved that all delegates in- tending to address the Committee on the subject of repre- sentation before any vote is taken thereon hand their names to the Clerk on or before Tuesday, February 3d, at 11 A. M. The motion was discussed by Messrs. Etheridge of Thomas- ton, Clark of Haddam, Strong of Warren, and Waller of Xew London. By unanimous consent, Mr. Etheridge of Thomaston then withdrew his motion. Mr. Waller of Xew London moved that no delegate shall speak more than once on the subject of representation as long as any other, delegate wishes to speak on the question. The motion was discussed by Messrs. Waller of Xew Lon- don, Clark of Haddam, and Hall of West Hartford. By unanimous consent, Mr. Waller of Xew London with- drew his motion. Mr. Hall of West Hartford, at 4.27 P. M., moved that tlie committee of the whole rise, report progress, and ask leave to sit again. The motion prevailed. 86 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Wednesday afternoon, January 29, 1902. The Convention was called to order at 4.28 o'clock P. M., the President in the Chair. The chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen, after instructing him to report progress, and ask leave to sit again. The report was accepted, and the request granted. CONVENTION RESOLUTIONS. Convention Resolution jSTo. 128. Mr. Webb of Hamden (by request) introduced a resolution providing that no city or town shall incur a municipal debt exceeding live per cent, of its grand list, that towns' shall not be deprived of any of their territory without their consent, and that the General Assembly shall pass no law depriving any town of local op- tion in town government. The resolution was tabled. Convention Eesolution :N'o., 129. Mr. Webb of Hamden (by request), introduced a resolution providing that a majority of two-thirds of the members of each house of the General Assembly at any regular session may propose for ratification by the people any amendment of the Constitution. The resolution was tabled. Mr. Merritt of Stamford moved that when the Convention adjourn it be to meet on Thursday, at 10.30 o'clock A. M. The motion was discussed by Messrs. Merritt of Stamford, Clark of Haddam, and Healy of Windsor Locks. The motion did not prevail. On motion of Mr. Hayes of Bethlehem, the Convention, at 4.32 o'clock P. M., adjourned, to meet on Thursday, at 11 o'clock A. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 87 Thursday, January 30, 1902. The Conveution was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Rev. Charles H. Smith of Plymouth. CONVENTION- RESOLUTIONS. Convention Eesolution No. 130. Mr. Stevens of East Haven introduced a resolution instructing the Clerk to pre- pare and have printed a list showing in detail the number of representatives each town will be entitled to under the sev- eral resolutions referred to the committee of the whole. On motion of Mr. Loomis of Glastonbury, the resolution was tabled. Convention Eesolution ISTo. 131. Mr. Webb of Hamden (by request) introduced a resolution providing that the House of Representatives shall consist of not to exceed two hundred and twenty-five members; no town to ever have less than one representative; towns of over five thousand inhabitants to have one additional representative, and the Senate to be composed of thirty-six members. Also providing that towns entitled to only one representative shall each receive an an- nual appropriation of five hundred dollars from the State for maintaining a public library within such town. The resolution was referred to the committee of the whole. Convention Resolution ISTo. 132. Mr. Korthrop of ISTew- town (by request) introduced a resolution providing that towns which cast five hundred votes or less at the last pre- ceding State election shall have one representative; towns casting from five hundred to one thousand votes, two, and one representative for every additional one thousand votes or fraction thereof. The resolution was referred to the committee of the whole. OC5 JOUKXAL OF THE COXSTITUTIOIN^AL CONVEKTIOIS. Convention Resolution Xo. 133. ^Ir. Xorthrop of Xew- town (by request) introduced a resolution providing that the Senate consist of one member for every six thousand votes cast at the last preceding State election, and that each county be accorded one additional State Senator for every twenty-five thousand votes or fraction thereof, said addi- tional Senators to be known as " County State Senators at Large." The resolution was referred to the committee of the whole. Convention Eesolution Xo. 134. Mr. Bissell of Suffield introduced a resolution providing for the continuance of the present system of representation in the House of Representa- tives, except that New Haven shall have six representatives, Hartford five, Waterbury four, Bridgeport, five, Norwich three, Meriden three, and New Britain three. The resolution was referred to the committee of the whole. MISCELLANEOUS. Mr. "Warner of Salisbury moved that when the Conven- tion adjourn today it adjourn to meet on Monday, February 3d, at 12.30 o'clock P. M. The motion was discussed by Messrs. Warner of Salisbury and Northrop of Newtown. The motion prevailed. Mr. Loomis of Glastonbury moved that the Convention reconsider its vote in passing the motion. The motion was discussed by Messrs. Loomis of Glaston- bury, Osbom of New Haven, and Warner of Salisbury. The motion prevailed. Mr. Northrop of Middletown moved to amend by making the date of adjournment Tuesday, February 4th, at 12.30 o'clock P. M. The motion to amend prevailed. The motion was then passed as amended. JOUENAL OF THE CONSTITUTIONAL CONVENTION. 89 Mr. Hall of West Hartford moved that the Convention meet on Tuesday, Wednesday, and Thursday of each week until further action by the Convention. The motion was discussed by Messrs. Hall of West Hart- ford and Clark of Haddam. The motion prevailed. Mr. Milner of Plainfield moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 11.23 o'clock A, M., went into committee of the whole. COMMITTEE OF THE WHOLE. The Committee was called to order at 11.24 o'clock A. M., Chairman Perry in the Chair. The general question of representation was discussed by Mr. Smith of Plymouth. [Mr. Warner of Salisbury in the Chair.] The general question of representation was further dis- cussed by Messrs, Xorthrop of Middletown and Hall of West Hartford. Mr. Middleton of East Windsor, at 12.54 o'clock P. M., moved that the Committee take a recess until 2 o'clock P. M. The motion prevailed. Thursday afternoon, January 30, 1902. COMMITTEE OF THE WHOLE. The Committee was called to order at 2 o'clock P. M., the Chairman in the Chair. The general question of representation was discussed by Mr. Chipman of East Lyme. 90 JOURNAL OF THE CONSTITUTIONAL CONVENTION. [Mr. Phelps of Vernon in the Chair.] The general question of representation was further dis- cussed by Messrs. Huntington of Old Lyme, Perry of Fair- field, Dempsey of Danbury, and Lines of Meriden. [Chairman Perry in the Chair.] The general question of representation was further dis- cussed by Messrs. Davenport of Bridgeport, Fisk of Bran- ford, jSTorthrop of Middletown, Guilfoile of Waterbury, and Andrews of Litchfield. Mr. Clark of Haddam, at 3.34 P. M., moved that the com- mittee of the whole rise, report progress, and ask leave to sit again. The motion prevailed. Thursday afternoon, January 30, 1902. The Convention was called to order at 3.35 o'clock P. M., the President in the Chair. The chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen, after instructing him to report progress, and ask leave to sit again. The report was accepted, and the request granted. On motion of Mr. Smith of Plymouth, the Convention, at 3.36 P. M., adjourned to meet on Tuesday, February 4th, at 12.30 o'clock P. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 91 Tuesday, February 4, 1902. The .Conventiou was called to order at 12.30 o'clock P. M., the President in the Chair. Prayer was offered by the Chaplain, Eev. William Martin BroAvn of Bloomfield. CONVENTION RESOLUTIONS. Convention Resolution 'No. 135. Mr. Osborn of Xew Haven introduced a resolution of sympathy to the town of Waterbury. The resolution was discussed by Mr. Guilfoile of "Water- bury. The resolution was passed. The following is the resolution : Eesolved by this Convention : The Connecticut Constitutional Convention now in session takes this, its first opportunity, to express to the citizens of the town of Waterbury its profound sympathy for the dis- tress which has overtaken them, and to further assure them that the remaining one hundred and sixty-seven towns are a unit in wishing them a speedy triumph over their prevailing ills, and a quick return to a greater prosperity than ever. Such catastrophes make the towns of Connecticut akin. Convention Resolution No. 136. Mr. Davenport of Bridgeport introduced a resolution providing for a Senate of from twenty-four to thirty-six members and that no town shall have more than five Senators. The resolution was referred to the committee of the w^hole. Convention Resolution Xo. 137. Mr. Walsh of Green- wich introduced a resolution providing that towns under three thousand population shall have one representative, towns from three thousand to fifteen thousand population, two, fifteen 92 JOURNAL OF THE CONSTITUTIONAL CONVENTION. tliousand to twenty-five tlioiisand three, twenty-five to fifty thousand, four, fifty thousand to one liundred thousand, five, over one hundred thousand six, and that towns entitled to more than two representatives shall be divided into dis- tricts, each district to elect one representative. The resolution was referred to the committee of the whole. Convention Eesolution No. 138. Mr. Coe of Cromwell introduced a resolution providing that towns of ten thousand population or over shall have two representatives, every other town one, and that the State shall be divided into from forty- eight to sixty senatorial districts, each to elect one Senator. The resolution was referred to the committee of the whole. Convention Eesolution jSTo. 139. Mr. Coe of Cromwell introduced a resolution providing that towns of ten thousand population or over shall have two representatives, every other town one, and that no town shall be deprived of its repre- sentation in the General Assembly without its consent. • The resolution was referred to the committee of the whole. Convention Eesolution Is"o. 140. Mr. Hall of West Hart- ford introduced a resolution providing that every town shall have at least one representative, towns of from twenty-five hundred to ten thousand population, two ; ten thousand to fifty thousand, three; more than fifty thousand, four. The resolution was referred to the committee of the whole. Convention Eesolution iSo. 141. Mr. Loomis of Glaston- bury (by request) introduced a resolution providing that towns of less than twenty-five hundred population shall have one representative, towns of tw^enty-five hundred or more two, and that the Senate shall consist of thirty-six members. The resolution was refeiTcd to the committee of the whole. Convention Eesolution Xo. 142. Mr. Loomis of Glaston- bury (by request) introduced a resolution providing that every town shall be entitled to send one representative and every in- corporated city shall be entitled to send two representatives; also that the Senate shall be composed of thirty-six members. The resolution was referred to the committee of the whole. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 93 Convention Kesolution Xo. 143. Mr. Northrop of ]S!'ew- town (bv request) introduced a resolution providing that towns of less than two thousand shall have one representative, towns of more than two thousand two, and one additional for each fifteen thousand in excess of two thousand, and that the Sen- ate shall consist of not less than thirty-six nor more than sixty members. The resolution was referred to the committee of the whole. Convention Resolution N^o. 144. Mr. Davenport of Bridgeport introduced a resolution from the Electrical Work- ers in BridgejDort providing that eight hours shall constitute a legal day's work. The resolution was tabled. Convention Ecsolution 'No. 145. Mr. Osborn of J^ew Haven introduced a resolution from eieiitv-eififht officers and four hundred and ninety members of the Woman's Christian Temperance Union, providing for the omission of the word " male " in Article six. Section two, of the Present Constitu- tion. The resolution was tabled. Mr. Sumner of Bolton moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 12.52 o'clock P. M., went into committee of the whole. COMMITTEE OF THE WHOLE. The Committee was called to order at 12.53 o'clock P. M., Chairman Perry in the Chair. The general question of representation was discussed by Mr. Northrop of Newtown. [Mr. Clark of Hartford in the Chair.] The general question of representation was further dis- cussed by Messrs. Willard of Wethersfield and Waller of New London. 94 JOURNAL OF THE COXSTITUTIOXAL CONVE]S"nOX. [Mr. Osborn of ISTew Haven in the Chair.] The general qnestion of representation was further dis- cussed by Messrs. Waller of ISTew London, Beach of iSTew Mil- ford, Hubbard of Durham, Hale of Portland, Davenport of Bridgeport, AYaller of Xew London, Pelton of Clinton, Woodward of ISTorwalk, Warner of Salisbury, Brown of !N^or- wich, and Brinsmade of Washington. Mr. Clark of Haddam, at 3.55 P. M., moved that the com- mittee of the whole rise, report progress, and ask leave to sit again. The motion prevailed. Tuesday afternoon, February 4, 1902. The Convention was called to order at 3.5G o'clock P. M., the President in the Chair. The chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen, after instructing him to report progress, and ask leave to sit again. The report was accepted, and the request granted. On motion of Mr. Clark of Haddam, the Convention, at 3.57 o'clock P. M., adjourned, to meet on Wednesday, at 11 o'clock A. M. JOURNAL OF THE CO^^STITL'TIONAL CONVEKTION. 95 AVednesday, February 5, 1902. The Convention was called to order at 11 o'clock A. ^I., the President in the Chair, Prayer was offered by the Chaplain, Eev. Charles H. Smith of Plymouth. CONVENTION RESOLUTIONS. Convention Resolution Xo. 146. Mr. Charter of Elling- ton introduced a resolution providing for a general caucus composed of three delegates from each county to prepare and submit to the committee of the whole a substitute for Article Third of the Constitution. On motion of Mr. Davenport of Bridgeport, the resolution was tabled. Convention Eesolution 'No. 147. Mr. Clark of Haddam introduced a resolution providing that the number of repre- sentatives shall remain the same as at present practiced. The resolution was referred to the committee of the whole. Convention Eesolution Xo. 148. Mr. Waller of Xew London introduced a resolution of the Mayors' Association of Connecticut recommending a constitutional provision that the General Assembly shall not enact any law which shall limit or impair the right of municipalities to engage in supplying water, gas, or electricity. The resolution was tabled. Convention Eesolution Xo. 149. Mr. Waller of Xew London introduced a resolution of the Mayors' Association of Connecticut requesting the Convention to enact provisions securing uniformity in charters of the cities of the State. The resolution was tabled. Mr. Davenport of Bridgeport moved that the Convention go into committee of the whole. 96 JOURNAL OF THE CONSTITUTIONAL CONVENTION. The motion prevailed, and the Convention, at 11.09 o'clock A. M., went into committee of the whole. COMMITTEE OF THE WHOLE. The Committee was called to order at 11.10 o'clock A. M., Chairman Perry in the Chair. The general question of representation was discussed by Mr. Coe of Cromwell. Mr. Warner of Salisbury introduced a motion providing that on Tuesday, February 11th, at 2 o'clock P. M., a vote be taken in the committee on File l:so. 7, providing for equality of representation. The motion was discussed by Mr. Warner of Salisbury. Mr. Davenport of Bridgeport introduced a substitute mo- tion raising a committee of twenty-four to be appointed to consider and report such a plan as in the judgment of at least two-thirds of their number will be the best solution of the question of representation. The motion was discussed by Mr. Hotchkiss of Prospect. Mr. Loomis of Glastonbury raised the point of order that a committee of the whole could not appoint sub-committees. The chairman ruled that the point of order was well taken. Mr. Davenport of Bridgeport appealed from the decision of the chair. On appeal, the decision of the Chair was sustained. [Chairman Waller in the Chair.] Mr. Vance of J^ew Britain moved to amend by Schedule " A." Mr. Warner of Salisbury raised the point of order that the amendment was out of order because no action of the commit- tee of the whole could bind the Convention. The Chair ruled that the point of order was well taken. Mr. Brown of ISI^orwich moved to amend by Schedule " B." The motion was discussed by Messrs. Brown of ]Srorwich, JOURNAL OF THE CONSTITUTIONAL CONVENTION. 97 Hall of Williiigton, Waller of New London, Davenport of Bridgeport, J\Ierritt of Stamford, Phelps of Vernon, Perry of Fairfield, and Korthrop of Newtown. Mr. Davenport of Bridgeport moved to amend by Schedule Mr. Hall of Willington raised the point of order that the amendment not being germane to the subject matter of the motion, was out of order. The Chair ruled that the point of order was not well taken, as the amendment in effect was a different method of arriving at the same result as the motion sought to be amended, and the amendment was therefore germane to the original motion. Mr. Clark of Haddam moved to amend by Schedule " D." The Chair ruled that the amendment was not in order at this time. The motion to amend by Schedule " C " was discussed by Messrs. Davenport of Bridgeport, Merritt of Stamford, Guil- foile of Waterbury, Clark of Haddam, and Whittlesey of Morris. The motion to amend by Schedule " C " did not prevail. The motion to amend by Schedule " B " did not prevail. [Chairman Perry in the Chair.] The motion was then passed. Following is the motion : Pesolved by the committee of the whole : That a vote upon resolution File No. 7, providing for equality of town representation, be taken on Tuesday, the 11th day of February, 1902, at two o'clock in the afternoon. [Mr. Sperry of South Windsor in the Chair.] The general subject of representation was further discussed by Mr. Ford of North Branford. Mr. Merritt of Stamford, at 12.40 o'clock P. M., moved that the committee take a recess until 2 o'clock P. M. c. c— 7 98 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Mr. Wakeman of Westport moved to amend by makiiisj the hour to which recess be taken 1.30 o'clock P. M. The amendment did not prevaiL The motion to take a recess nntil 2 o'clock P. M. prevailed. Wednesday afternoon, February 5, 1902. COMMITTEE OF THE WHOLE. The Committee was called to order at 2 o'clock P. M., Chairman Perry in the Chair. The general snbject of representation was discussed by Mr. Merritt of Stamford. [Mr. Woodward of Xorwalk in the Chair.] The general subject of representation was further discussed by Messrs. Bryant of Orange, Brinsmade of Washington, Dempsey of Danbury, Davenport of Bridgeport, Chandler of Thompson, and Waller of l^ew London. [Chairman Perry in the Chair.] The general question of representation was further dis- cussed by Messrs. Hall of West Hartford, Davenport of Bridgeport, and Waller of Xew London. Mr. Clark of Haddam, at 3.57 o'clock P. M., moved that the committee rise, report progress, and ask leave to sit again. The motion prevailed. Wednesday afternoon, February 5, 1902. The Convention was called to order at 3.58 o'clock P. M., the President in the Chair. The chairman of the committee of the whole reported that JOUENAL OF THE CONSTITUTIONAL CONVENTION. 99 the committee had met, considered the subject referred to it, and risen, after instructing him to report progress, and ask leave to sit again. The reiDort was accepted, and the request granted. CONVENTION RESOLUTIONS. Convention Resolution Xo. 150. Mr. Holcomb of South- ington introduced a resolution providing for one representa- tive from each town, two representatives from each town of fifteen thousand population, and for a Senate of sixty. The resolution was refen'ed to the committee of the w^hole. Convention Eesolution Xo. 151. Mr. Clark of Haddam introduced a resolution providing that every town shall be en- titled to at least one representative. The resolution was referred to the committee of the whole. On motion of Mr. Middleton of East Windsor, the Conven- tion, at 3.59 o'clock P. M., adjourned, to meet on Thursday, at 11 o'clock A. M. 100 JOURXAL OF THE CONSTITUTIONAL COXVEXTION. Tkursdaj, February 6, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Rev. William Martin Brown of Bloomiield. CONVENTION RESOLUTIONS. Convention Resolution No. 152. Mr. Clark of Hartford (by request) introduced a resolution of Central Labor Union of Hartford in favor of one Representative to each towii, and one additional for each ten thousand of population in any town. The resolution was referred to the committee of the whole. Convention Resolution No. 153. Mr. Clark of Hartford (by request) introduced a resolution providing that towns of less than five thousand shall have one representative each, towns of five thousand to ten thousand, two; ten thousand to twenty thousand, three; twenty thousand to forty thousand, four; forty thousand to eighty thousand, five; eighty thousand to one hundred and sixty thousand, six. The resolution was referred to the committee of the whole. Convention Resolution No. 154. Mr. Groesbeck of Chap- lin introduced a resolution providing for two Representatives from each town, and a Senate of forty-five members elected at large. The resolution was referred to the committee of the whole. Convention Resolution No. 155. Mr. Woodward of Beth- any (by request) introduced a resolution concerning the trans- fer of electors removing from one town to another. The resolution was tabled. Mr. Davenport of Bridgeport moved that the Convention go into committee of the whole. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 101 The motion prevailed, and the Convention, at 11.11 o'clock A. M., went into committee of the whole. COMMITTEE OF THE WHOLE. The Committee was called to order at 11.12 o'clock A. M., Chairman Perry in the Chair. The general question of representation was discussed by Mr. Chandler of Thompson. [Mr, Bowen of Woodstock in the Chair.] The general question of representation was further dis- cussed by Messrs. Clark of Hartford, Brown of ISTorwich, Etheridge of Thomaston, Waller of ]^ew London, Osborn of New Haven, and Smith of Winchester. Mr. N'orthrop of Xewtown, at 1.03 o'clock P. M., moved that the committee take a recess until 2 o'clock P. M. The motion prevailed. Thursday afternoon, February 6, 1902. The Committee was called to order at 2 o'clock P. M., Chairman Perry in the Chair. The general subject of representation was discussed by Mr. Smith of Winchester. [Mr. Cheney of Manchester in the Chair.] The general question of representation was further dis- cussed by Messrs. Smith of Winchester, Warner of Salisbury, and Hotchkiss of Prospect. Mr. Waller of is'ew London, at 3.32 P. M., moved that the committee of the whole rise, report progress, and ask leave to sit again. The motion prevailed. 102 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Thursday afternoon, Febrnary 6, 1902. The Convention was called to order at 3.33 o'clock P. ]\I., the President in the Chair. The chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen, after instructing him to report progress, and ask leave to sit again. The report was accepted, and the request granted. CONVENTION RESOLUTION. C*onvention Resolution ^o. 156. Mr. Woodward of Xor- walk introduced a substitute resolution for Convention Peso- lution No. 37, providing that the town is and ought to forever remain the basis of representation in the House of Pepre- sentatives, and that every town ought to have always one representative, but to'wns having a population of and upwards ought to be allowed such additional number of representatives as are reasonably necessary to attend to their business in the General Assembly. The resolution was referred to the committee of the whole. Mr. Loomis of Glastonbury moved that the Convention adjourn to meet on Tuesday at 12.30 o'clock P. M. Mr. Osborne of ISTew Haven moved to change the hour to 2.30 o'clock P. M. The motion to amend was discussed by Messrs. "Waller of 'New London, Osborn of jSTew Haven, Warner of Salisbury, Maltbie of Granby, and Smith of Plymouth. By unanimous consent, Mr. Osborn of New Haven with- drew his amendment. The motion to adjourn prevailed, and the Convention, at 3.40 o'clock P. M., adjourned to meet on Tuesday, at 12.30 o'clock P. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 103 Tuesday, February 11, 1902. The Convention was called to order at 12.30 o'clock P. M., the President in the Chair. Prayer was offered by the Chaplain, Rev. Charles II. Smith of Plymouth. CONVENTION RESOLUTIONS. Convention Eesolution iS'o. 157. Mr. Waller of New Lon- don introduced a resolution providing that all articles or sec- tions of the Constitution recommended by the Convention to the people for adoption be so arranged and submitted that the people may reject or approve any one or all of said articles or sections, and that it shall be provided in said submission that tlie Constitution as it is shall be abrogated only so far as it may be inconsistent with the Constitution recommended by the Convention and adopted by the people. The resolution was tabled. Convention Resolution No. 158. Mr. Northrop of New^- town (by request) introduced a resolution providing for repre- sentation based on the number of votes cast in each town at the preceding State election, towms casting less than five hun- dred votes to have one representative, five hundred to fifteen hundred two, and one additional for every additional five thousand votes or fraction thereof. The resolution was referred to the committee of the whole. Convention Eesolution No. 159. Mr. Coe of Cromwell (by request) introduced a resolution providing for one Sena- tor to each fifteen thousand population, but not less than two Senators to each county, and one representative to each town, and one additional for each fifteen thousand population over fifteen thousand. The resolution was referred to the committee of the whole. 104 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Convention Eesolution Xo. 160. Mr. Davenport of Bridgeport introdnced a resolntion providing that every pub- lic officer who shall ask or accept any free pass, transporta- tion, franking privilege, or discrimination in passenger, tele- graph, or telephone rates, or any corporation or agent thereof offering such privilege, shall be gnilty of a misdemeanor, and snch officer shall be subject to forfeiture of his office. The resolution was tabled. Mr. Stevens of East Haven moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 12.43 o'clock P. M., went into committee of the whole. COMMITTEE OF THE WHOLE. The committee was called to order at 12.44 o'clock P. M., Chairman Perry in the chair. The general question of representation was discussed by Messrs. ISTettleton of Killingworth and Walsh of Ansonia. [Mr. Mead of :N'ew Canaan in the Chair.] The general question of representation was further dis- cussed by Messrs. Walsh of Ansonia, Milner of Plainfield, and Maltbie of Granby. [Chairman Perry in the Chair.] The general question of representation was further dis- cussed by Messrs. Maltbie of Granby and Davenport of Bridgeport. OEDER OF THE DAY FOR TUESDAY, FEBRUARY 11th, AT 2 O'CLOCK P. M. Convention Resolution Xo. 37. (See Convention Journal, January 8th.) Resolution providing for equal town repre- sentation was taken from the table, on motion of Mr. Loomis of Glastonbury. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 105 Mr. Osborn of Xew Haven moved that the clerk proceed to call the roll of the members of the Convention. Mr. Warner of Salisbury objected to the motion, and the Chair sustained the objection. Mr. Woodward of Norwalk moved to amend by substitut- ing Convention Resolution ISTo. 156, for the pending resolution. Mr. Waller of Xew London moved to amend by Schedule The motion to amend was discussed by Mr. Waller of I^ew London. Mr. Warner of Salisbury raised the point of order that the motion to substitute or to amend was not debatable. The Chair ruled that the point of order was not well taken. Mr. Ilolcomb of Southington moved to amend by Schedule Mr. Waller of oSTew London raised the point of order that if the amendment proposed to amend an amendment, that it could not be considered at this time, because there were tw^o pending amendments. The Chair ruled that the point of order was well taken. Mr. Stevens of East Haven raised the point of order that the committee of the whole cannot originate resolutions, but can only act on those which have been referred to it. The Chair ruled that the point of order was not w^ell taken. The motion to amend by Schedule " A " was then dis- cussed by Messrs. Waller of N^ew London, Webb of Hamden, Loomis of Glastonbury, Warner of Salisbury, N^orthrop of Newtown, Guilfoile of Waterbury, Smith of AVinchester, Hall of Willington, and Clark of Haddam. By unanimous consent, Mr. Waller of New London with- drew his motion to amend. ' The motion to amend by Schedule " A " did not prevail. Mr. Merritt of Stamford moved to amend by Schedule " D." 106 JOUKXAL OF THE COXSTITUTIOXAL COXVEXTIOX. Tlie motion to amend was discussed by Messrs. Daven[)oi't of Bridgeport and Warner of Salisbury. The motion to amend did not prevail. Mr. Milner of Plainfield moved to amend bv Schedule " E." Mr. Waller of jSTew London raised the point of order that the amendment was out of order, because it was not germane to the resolution sought to be amended. The Chair ruled the point of order not well taken, as cer- tain parts of the amendment did relate to the subject matter of the resolution sought to be amended. The motion to amend did not prevail. Mr. Clark of Haddam moved to amend by Schedule " F." The motion to amend was discussed by Messrs. Clark of Haddam, Hale of Portland, and Smith of Winchester. The motion to amend did not prevail. Mr. Brown of Xorwich moved to amend Schedule " D," by inserting in the twelfth line of said amendment between the words " shall " and " be " the word " not," and by insert- ing in the fourteenth line of said amendment between the words " may " and '* practically " the word " not." Mr. Merritt of Stamford accepted the amendment to his amendment, as proposed by Mr. Brown of IS'orwich. The motion to amend by Schedule " D " was then discussed by Messrs. Huntington of Old Lyme and Clark of Haddam. The motion to amend did not prevail. Mr. Webb of Hamden moved to amend by Schedule " G." The motion was discussed by Mr. Webb of Hamden. The motion did not prevail. Mr. Holcomb of Southington renewed his motion to amend by Schedule " C." The motion was discussed by Messrs. Smith of Winchester, Warner of Salisbury, Holcomb of Southington, and Griswold of Guilford. JOURNAL or THE CONSTITUTIONAL CONVENTION. 107 Mr. Loomis of Glastonbury moved to amend by Schedule " H." The motion was discussed by Messrs. Hall of West Hart- ford, Bowen of Woodstock, Webb of Hamden, Smith of Win- chester, Brown of Xorwich, and Clark of Haddam. The motion to amend by Schedule " H " did not prevail. The motion to amend by Schedule " C " did not prevail. Mr. Davenport of Bridgeport moved to amend by Sched- ule " I." The motion was discussed by Messrs. Davenport of Bridge- port and Milner of Plainfield. The motion to amend did not prevail. Mr. Webb of Hainden moved to amend by Schedule " J." The motion was discussed by Messrs. Webb of Hamden and Hotchkiss of Prospect. The motion to amend did not prevail. Mr. Davenport of Bridgeport moved to amend by Sched- ule " K." The motion was discussed by Mr. Whittlesey of Morris. The motion to amend did not prevail. Mr. Osborn of Xew Haven moved to amend by Sched- ule "L." The motion to amend did not prevail. The resolution was then passed. Mr. Smith of Plymouth, at 3.52 o'clock P. M., moved that the committee of the whole rise, report progress, and ask leave to sit again. The motion prevailed. Tuesday afternoon, Pebruary 11, 1902. The Convention was called to order at 3.53 o'clock P. M., the President in the Chair. The chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, 108 JOURNAL OF THE CONSTITUTIONAL CONVENTION. and risen, after instructing him to report progress, and ask leave to sit again. The report was accepted, and the request granted. Mr. Warner of Salisbury inquired if a report of the action of the committee of the whole on the matter before it should not be made by the chairman to the Convention. Chairman Perry explained that he had made the only re- port which he had been instructed to make by vote of the committee. Mr. Northrop of Middletown moved that the Convention again go into committee of the whole. The motion prevailed, and the Convention, at 3.55 o'clock P. M., went into committee of the whole, COMMITTEE OF THE WHOLE. The Committee was called to order at 3.56 o'clock P. M., Chairman Perry in the Chair. Mr. Warner of Salisbury moved that the chairman be in- structed to report to the Convention the action of the com- mittee on Convention Resolution ]^o. 37. Mr. Maltbie of Granby moved as an amendment that Con- vention Resolution Xo. 37 be reported to the Convention by the chairman with the recommendation that it be adopted by the Convention. Mr. Warner of Salisbury accepted the amendment. The motion as amended prevailed. Mr. Warner of Salisbury, at 3.58 o'clock P. M., moved that the committee of the whole rise, report progress, and ask leave to sit again. The motion prevailed. Tuesday afternoon, February 11, 1902. The Convention was called to order at 3.59 o'clock P. M., the President in the Chair. JOUE^TAL OF THE CONSTITUTIONAL CONVENTION. 109 The chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen, after instructing him to report progress, and ask leave to sit again, and that he would report the action taken bv the committee on the matter pending before it, at such time as the Convention should direct. The report was accepted, and the request granted. Mr. Maltbie of Granby moved that the report of the action of the committee be received at once. The motion prevailed. Chairman Perrv then reported that Convention Resolution Xo. 37 had been favorably acted on by the committee of the whole, and that the committee recommended that it be adopted by the Convention. Mr. Loomis of Glastonbury moved that the Convention take a vote on the report of the committee of the whole on Convention Eesolution Xo. 37, on "Wednesday, February 12th, at 11.30 o'clock A. M. The motion was discussed by Mr. "Warner of Salisbury. By unanimous consent Mr. Loomis of Glastonbury with- drew his motion. Mr. Warner of Salisbury moved that the report of the committee of the whole on Convention Eesolution Xo. 37 be tabled. The motion prevailed. On motion of Mr. Clark of Haddam, the Convention, at 4.01 o'clock P. M., adjourned, to meet on Wednesday, at 11 o'clock A. M. 110 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Wednesday, February 12, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Rev. William Martin Brown of Bloomfield. Mr. Perry of Fairfield stated that while the Journal of the Convention of February 11th correctly reported the action of the committee of the Avhole respecting the report on Con- vention Eesolution ISTo. 37 to the Convention, and the report made in pursuance of such action, he asked the unanimous consent that the Journal be corrected by striking out all after the word " chairman " in the motion of Mr. iMaltbie of Granby on page 108 of the Journal, and inserting in lieu thereof the words " with the recommendation that it be adopted by the committee," and by striking out all after the word " whole " in the report of the chairman on page 109, and inserting in lieu thereof " and that the committee recom- mend that it be adopted by the Convention." By unanimous consent the correction was ordered. Mr. Loomis of Glastonbury moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 11.09 o'clock A. M., went into committee of the whole. COMMITTEE OF THE WHOLE. The committee was called to order at 11.10 o'clock A. M., Chairman Perry in the Chair. Mr. Warner of Salisbury introduced a resolution providing " that the House of Representatives shall consist of only one representative from each town." Mr. Griswold of Guilford moved to amend by substituting the word " two " for the word " one," and the word " repre- sentatives " for the word " representative." JOUKXAL OF THE CONSTITUTIONAL CONVENTIOX. Ill The amendment was discussed by Messrs. Griswold of Guilford, Chandler of Thompson, and Osborn of iSTew Haven. Mr. Osborn of New Haven moved to amend the amendment by substituting for the motion Convention Resolution Xo. 32 (see Convention Journal, January 8th). Mr. Loomis of Glastonbury raised the point of order that the resolution which was sought to be substituted by Mr. Os- born had already been acted on in the committee and was now out of order. The Chairman ruled that while the subject matter con- tained in the proposed amendment had been acted on by the committee in another connection, it was now offered as an amendment to a different proposition from that which it was sought to amend by it before, and Avas therefore in order. Mr. Smith of Plymouth raised the point of order that the committee having already passed a resolution in favor of equal representation, the amendment proposed, providing for representation according to population, was not in order. The Chairman ruled that while the committee had voted in favor of equal representation it had also voted against amendments providing for one and for two representative? from each town, and the vote in favor of " equal " repre- sentation might therefore, so far as now appeared, mean equality according to population; the amendment proposed, inasmuch as it tends toward equality according to population, was therefore not necessarily inconsistent with the previous action and consequently in order. Mr. Loomis of Glastonbury appealed from the ruling of the Chairman. Under privilege granted by the Chairman, the appeal was discussed by Messrs. Brown of ISTorwich, Clark of Haddam, Gillette of Burlington, and Clark of Hartford. By unanimous consent Mr. Osborn of E'ew Haven withdrew his amendment, and the appeal Avas accordingly not acted upon. 112 JOURNAL OF THE CONSTITUTIONAL CON\'ENTION. The amendment offered by Mr. Griswold of Guilford was discussed by Messrs. Davenport of Bridgeport, Milner of Plainfield, Bartlett of Simsbury, Pelton of Clinton, Clark of Haddam, Vance of N^ew Britain, and Bowen of Woodstock. The amendment did not prevail. The resolution was then passed. Mr. AValler of I^ew London introduced a resolution provid- ing that the Senate shall consist of members, who shall be allotted to districts composed of contiguous territory and of equal population as nearly as the same can be determined. Mr. Davenport of Bridgeport moved to amend by substitut- ing for the motion Convention Resolution No. 136 (see Con- vention Journal, February 4th). The amendment was discussed by Messrs. Woodward of Norwalk, Davenport of Bridgeport, and Waller of New London. Mr. Osborn of New Haven, at 1.05 o'clock P. M., moved that the committee of the whole take a recess until 2.15 o'clock P. M. The motion prevailed. Wednesday afternoon, February 12, 1902. COMMITTEE OF THE WHOLE. The committee was called to order at 2.15 o'clock P. M., the Chairman in the Chair. The amendment offered by Mr. Davenport of Bridgeport was further discussed by Messrs. Waller of New London and Clark of Haddam. The amendment did not prevail. Mr. Waller of New London moved to fill the blank in the resolution offered by him by inserting the figures " 84." JOURNAL OF THE CONSTITUTIONAL CONVENTION. 11 3 The Chairman ruled that a motion to fill a blank in a reso- lution was not in order until after the resolution containing the blank had been passed. Mr. Waller of 'New London moved to amend the resolution by inserting the figures " 84 " after the words " shall consist of." The amendment was discussed by Messrs. Collins of Colum- bia and Brown of E'orwich. Mr. Warner of Salisbury offered a substitute for the resolu- tion of Mr. Waller of New London as an amendment thereto. The amendment was discussed by Messrs. Warner of Salis- bury, Waller of ISTew London, Brown of Norwich, and Daven- port of Bridgeport. By unanimous consent Mr. Waller of New London with- drew his resolution, and the withdrawal carried with it the amendment proposed. Mr. Warner of Salisbury introduced a resolution providing " That we are in favor of a Senate based upon population, located in contiguous territory, elected by districts, provided that no town shall be divided except for the purpose of form- ing more than one district within said town." Mr. Waller of New London moved to amend by adding to the resolution the words " and that said Senate consist of eighty-four members." The amendment was discussed by Messrs. Warner of Salis- bury and Davenport of Bridgeport. Mr. Milner of Plainfield moved to amend the amendment by inserting the figures " 36 " in lieu of the figures " 84." The Chairman stated that the amendment offered by Mr. Waller would be first put, as it contained the largest number. Mr. Waller of New London raised the point of order that the proposed amendment to the amendment should be first put. The Chairman ruled that in principle there was no differ- ence between a motion made to fill a blank with a number and c. c. 114 JOUKXAL OF THE CONSTITUTIONAL CONVENTION. an amendment containing a number, and that the largest num- ber should be put first in taking the sense of the committee. The amendment offered bj Mr. Waller of New London did not prevail. Mr. AValler of New London moved to amend by inserting the figures " 80." The Chairman ruled that the proposed amendment was not in order until the amendment offered by Mr. Milner of Plain- field had been acted on. Mr. Waller of New London moved that the committee rise. The motion did not prevail. The amendment offered bj Mr. Milner of Plainfield did not prevail. Mr, Waller of New London moved that the committee rise. The motion did not prevail. Mr. Waller of New London moved to amend by inserting the figures " 80." The amendment was discussed by Messrs. Northrop of Middletown, Warner of Salisbury, Bowen of Woodstock, and Waller of New London. By unanimous consent, Mr. Waller of New London with- drew his proposed amendment. Mr. Merritt of Stamford moved to amend by inserting the words " or county " after the word " town " in the resolution. The amendment did not prevail. The resolution was then passed. Mr. Loomis of Glastonbury, at 4.12 o'clock P. M., moved that the committee rise, and that the Chairman be instructed to report progress and ask leave to sit again, and to further re- port the resolutions today approved, with the recommenda- tion that they be adopted by the Convention. The motion prevailed. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 115 Wednesday afternoon, February 12, 1902. The Convention was called to order at 4.18 P. M., the President in the Chair. The chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen, after instructing him to report progress, and ask leave to sit again, and that he would report the action taken by the committee on the matter pending before it, at such time as the Convention should direct. The report was accej)ted, and the request granted. Mr. Loomis of Glastonbury moved that the report of the action of the committee be received at once. The motion prevailed. Chairman Perry then reported that he had been instructed to report that the committee, having approved the following resolutions, recommends that they be adopted by the Con- vention : Eesolved by the Committee of the Whole : That the House of Representatives shall consist of only one representative from each town. Resolved by the Committee of the Whole : That we are in favor of a Senate based upon population, located in contiguous territory, elected by districts, provided that no town shall be divided except for the purpose of form- ing more than one district within such town. Mr. Hall of West Hartford moved that the report be tabled. The motion prevailed. On motion of Mr. Warner of Salisbury, the Convention, at 4.21 o'clock P. M., adjourned, to meet on Thursday, at 11 o'clock A. M. 116 JOUKNAL OF THE COXSTITUTIOXAL CONYEXTIOX. Thursday, February 13, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Eev. Charles H. Smith of Plymouth. I\lr. Davenport of Bridgeport asked leave to introduce a resolution, which was read. Mr. Loomis of Glastonbury moved that the resolution be not received. The motion prevailed. Mr. Warner of Salisbury arose to a question of personal privilege regarding certain criticisms in the Convention, and in a newspaper, of conferences held by the delegates from Litchfield Count}^, and stated that since the delegates were so widely scattered they could not confer at home, and claimed that in conferring at the Capitol concerning their duty as delegates they were within their rights and guilty of no impropriety. Mr. Clark of Hartford arose to a question of personal privilege, as the editor of the newspaper referred to by Mr. Warner of Salisbury. He stated that though he was a dele- gate representing 80,000 people he had received no invi- tation to the conferences, reporters of his paper were refused admission, and the information printed was obtained from delegates who were present. If he had reflected on Mr. Warner of Salisbury he regretted any discourtesy, but as an editor he proposed to continue to print the news. Mr. Bowen of Woodstock made a personal explanation re- garding action taken at the conferences referred to. Mr. Xorthrop of jSTewtown moved that when the Con- vention adjourn it be to meet on Tuesday, February 18, 1902, at 12.30 o'clock P. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 117 Mr. Waller of Xew London moved to amend bj inserting February 25tli in place of Eebruary 18th. The amen'dment was discussed by Messrs. Waller of New London and Vance of Xew Britain. The amendment did not prevail. The motion prevailed. Mr. Beach of 'New Milford moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 11.52 o'clock A. M., went into committee of the whole. COMMITTEE OP THE WHOLE. ' The committee was called to order at 11.53 o'clock A. M., Chairman Perry in the Chair. Mr. Loomis of Glastonbury introduced a resolution in favor of a Senate composed of not less than sixty nor more than seventy-two members. The resolution did not prevail. Mr. Hall of Willington introduced a resolution provid- ing that it is the sense of the Committee that the Senate be com]30sed of not less than forty-five nor more than sixty mem- bers. Mr. Waller of Xew London moved to amend by striking out the figures " 45 " and " 60 " and inserting in lieu thereof the figures " 72 " and " 84." Mr. Milner of Plainfield moved an amendment to the amendment jDroviding for a Senate of thirty-six members. The resolution and amendments were discussed by Messrs. Dempsey of Danbury, Guilfoile of Waterbury, Beach of New Milford, Smith of Winchester, Warner of Salisbury, Hall of Willington, Brj^ant of Orange, and Hall of West Hartford. Mr. Loomis of Glastonbury, at 1 o'clock P. M., moved that the committee of the whole take a recess until 2 o'clock P.M. The motion prevailed. 118 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Thursday afternoon, February 13, 1902. COMMITTEE OF THE WHOLE. The committee was called to order at 2 o'clock P. M., the chairman in the Chair. The resolution and amendments concerning the composi- tion of the Senate were further discussed by Messrs. Charter of Ellington, Brinsmade of Washington, Hall of Willington, Warner of Salisbury, Davenport of Bridgeport, Redfield of Farming-ton, Clark of Haddam, jSTorthrop of Middletown, N'orthrop of Newtown, Merritt of Stamford, Webb of Ham- den, Osborn of N'ew Haven, and Waller of j^ew London. :Mr. Milner of Plainfield, at 3.54 o'clock P. M., moved that the committee rise, and that the Chairman be instructed to report progi'ess and ask leave to sit again. The motion prevailed. Thursday afternoon, February 13, 1902. The Convention was called to order at 3.55 o'clock P. M., the President in the Chair. The chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen, after instructing him to report progress, and ask leave to sit again. The report was accepted, and the request granted. On motion of Mr. Clark of Haddam, the Convention, at 3.56 o'clock P. M., adjourned, to meet on Tuesday, Febru- ary 18th, at 12.30 o'clock A. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 119 Tuesday, February" 18, 1902. The Couvention was called to order at 12.30 o'clock P. M., Vice-President Waller in the Chair. Prayer was offered by the Chaplain, Eev. Charles H. Smith of Plymouth. CONVENTION RESOLUTIONS. Convention Eesolution jSTo.- 161. Mr. Pisk of Branford introduced a resolution providing that the Senate shall con- sist of one Senator from each town and that the House of Representatives shall be composed of as many members as is the Senate, the members to be elected from districts. The resolution was referred to the committee of the whole. Convention Eesolution 'No. 162. Mr. Lines of Meriden (by request) introduced a resolution giving the General As- sembly power to enact an Initiative and Eeferendum law, and providing for enactment of such a law by petition from the people. The resolution was tabled. Mr. Stevens of East Haven moved that the Convention go into committee of the whole. The motioji was discussed by Messrs. Brown of jSTorwich and Perry of Pairfield. By unanimous consent Mr. Stevens of East Haven with- drew his motion. Mr. Warner of Salisbury, at 12,42 o'clock P. M., moved that the Convention take a recess until 2 o'clock P. M. The motion prevailed. The Convention was called to order at 2 o'clock P. M., Vice-President Waller in the Chair. 120 JOURNAL OF THE COKSTITUTIONAL CONVEXTIOX. Mr. Clark of Haddam moved that the Convention adjourn until Wednesday, February 19th, at 11 o'clock A. M. Mr. JSTorthrop of Newtown moved that a roll call be ordered in order to ascertain if a quorum was present. The motion prevailed. Mr. Warner of Salisbury raised the point of order that under Convention Rule 6 the yeas and nays cannot be ordered unless called for by one-sixth of the members present and voting. The Vice-President ruled that a yea and nay vote was not ordered, but a roll call under Convention Rule I^v^umber One. Mr. Huntington of Old Lyme raised the point of order that the rule requiring roll call had been suspended by Con- vention Resolution No. 23 (see Convention Journal, January 7th). The Vice-President ruled that as it did not appear that the resolution had been passed by a two-thirds vote, he could not take cognizance of it as suspending the rule when a roll call was called for. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Jarvis, E. S. Gil- lette, Sears, P. S. Bryant, Middleton, Loomis, Cheney, Con- dell, Havens, Bartlett, Holcomb, Bissell, W. H. Hall, D. E. Phelps, Healy. ISTew Haven County. — Messrs. Guilfoile, Fisk, Stevens, Griswold, Meigs, Eord, Davis, Hotchkiss, Kendrick, Bishop. New London County. — Messrs. Waller, Miner, Chipman, Bailey, Allyn, J. F. Brown, Huntington, C. A. Gallup. Fairfield County. — Messrs. Woodman, E. H. Northrop, Perry, Mead, C. H. Northrop, A. B. Woodward, Stagg, Wakeman, Chichester. Windham County. — Messrs, Bugbee, Fitts, Milner, Waldo, Chandler. Litchfield County. — Messrs. W. B. Smith, Beach, Case, JOURNAL OF THE CONSTITUTIONAL CONVENTION. 121 Hayes, Mallett, J. F. Smith, C. H. Smith, Crofut, D. T. Warner, Brinsmade, Curtiss. Middlesex County. — Messrs. D. W. iN'orthrop, G. M. Clark, Pelton, Coe, Hubbard, Blake, Nettleton, Terrill, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Sumner, Collins, Charter, Porter, Storrs, Pinney, Phelps. Those' absent and not answering to their names were : Hartford County. — Messrs. Holmes, W. M. Brown, Pierce, Dickinson, Grant, Kedfield, Maltbie, Miller, Cooley, Vance, Churchill, Sperry, Willard. 'New Haven County. — Messrs. Osborn, D. T. Walsh, A. D. Warner, S. E. Woodward, A. E. Smith, McMahon, Webb, Lines, Wallace, Merwin, Whittemore, Marks, S. J. Bryant, Wooster, Kussell, Upson. New London County. — Messrs. F. T. Brown, Buell, King, A. M. Brown, I. Gillette, Bromley, Raymond, Killeen, Frink, Morgan, Eiley, Hinckley, E. B. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Bell, Jennings, R. J. Walsh, Whitlock, Shelton, Wanzer, Sanford, Seymour, Barnes, Merritt, O. Hall, Gorham. Windham County. — Messrs. Boss, Evans, L. ]^. Clark, Groesbeck, Latham, Burnham, Somes, Elliott, Hunt, Bowen. Litchfield County. — Messrs. Andrews, Belden, J. H. Smith, Kellogg, Wright, Ely, Beardsley, Whittlesey, O'Con- nor, Camp, Kirby, Etheridge, Fyler, Strong, Woolson. Middlesex County. — Messrs. Markham, Brothwell, Purple. Tolland County. — Messrs. l^ewcomb, Skinner, Hawkins, Keeney, Kinney, W. H. Hall. The roll call disclosed a lack of a quorum (seventy-eight members of the Convention being present and having an- swered to their names), and the Vice-President, at 2.22 o'clock P. M., declared the Convention adjourned, to meet on Wednesday, February 19th, at 11 o'clock A. M. 122 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Wednesday, February 19, 1902. The Convention was called to order at 11 o'clock A. M., Vice-President AYaller in the Chair. Prayer was offered by the Chaplain, Rev. William Martin Brown of Bloomfield. The clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, E. S. Gillette, Sears, Middleton, Grant, Eed- field, Loomis, Maltbie, Miller, Vance, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, Bissell, W. H. Hall, D. E. Phelps, Healy. 'New Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, Fisk, A. E. Smith, McMahon, Stevens, Griswold, Webb, Meigs, Lines, Wallace, Ford, Marks, S. J. Bryant, Davis, Hotchkiss, Russell, Kendrick, Bishop. jSTew London County. — Messrs. Waller, F. T. Brown, Miner, Buell, Chipman, King, A. M. Brown, Bailey, I. Gil- lette, Allyn, Bromley, Killeen, J. F. Brown, Huntington, Hinckley, C. A. Gallup. Fairfield County. — Messrs. Davenport, Woodman, E. H. jSTorthrop, Bell, Jennings, Perry, Whitlock, Mead, Wanzer, C. H. Xorthrop, A. B. Woodward, Sanford, Barnes, Merritt, Stagg, O. Hall, Wakeman, Chichester. Windham County. — Messrs. Bugbee, Fitts, L. IST. Clark, Latham, Somes, Milner, Elliott, Waldo, Hunt, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Whittlesey, J. F. Smith, O'Connor, C. H. Smith, Crofut, D. T. Warner, Eth- eridge. Strong, Brinsmade, Woolson, Curtiss. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 123 Middlesex County. — Messrs. D. W. jSTorthrop, G. M. Clark, Markham, Brothwell, Pelton, Coe, Hubbard, Purple, Blake, "VV. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Newcomb, Collins, Hawkins, Charter, Porter, Storrs, Keeney, Pinney, Phelps, "W. H. Hall. Those absent and not answering to their names were : Hartford County. — Messrs. Pierce, Dickinson, P. S. Bry- ant, Cheney, Cooley, Willard. I^ew Haven County. — Messrs. S. P. Woodward, Merwin, Whittemore, Wooster, Upson. jSTew London County. — Messrs. I. Gillette, Eaymond, Frink, Morgan, Riley, E. B. Gallup. Fairfield County. — Messrs. Dempsey, P. J. Walsh, Shel- ton, Seymour, Gorham. Windham County. — Messrs. Boss, Evans, Groesbeck, Buriiham. Litchfield County. — Messrs. Kellogg, Wright, Ely, Beardsley, Camp, Kirby, Fyler. Middlesex County. — Messrs. Nettletou, Terrill. Tolland County. — Messrs. Skinner, Sumner, Hawkins, Kinney. Mr. Xorthrop of jSTewtown moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 11.20 o'clock, went into committee of tlie whole. COMMITTEE OF THE WHOLE. The Committee was called to order at 11.. 21 o'clock A. M,, Chairman Perry in the Chair. The Chair ^stated that the question before the Committee was an amendment offered by the delegate from Kew Lon- don, concerning representation in the Senate. Mr. Bryant of Orange, at 11.25 o'clock A. M., moved that the committee of the whole take a recess until 1 o'clock P. M. The motion prevailed. 12-4 JOURNAL OF THE CONSTITUTIONAL CONVENTION. AVednesdaj afternoon, February 19, 1902. COMMITTEE OF THE WHOLE. The Committee wa!s called to order at 1 o'clock P. M., the Chairman in the Chair. The Chair stated that the motion before the Committee was on the passage of an amendment offered by the delegate from Xew London, concerning representation in the Senate. The motion was discussed by Messrs. Waller of Xew Lon- don and Sperry of South Windsor. Mr. Waller of Xew London, at 1.14 o'clock P. M., moved that the committee rise, and that the Chairman be instructed to report progress, and ask leave to sit again. The motion prevailed. Wednesday afternoon, February 19, 1902. The Convention was called to order at 1.15 P. M., Vice- President Waller in the Chair. The chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen, after instructing him to report progress, and ask leave to sit again. The report was accepted, and the request granted. [Vice-President Perry in the Chair.] Convention Eesolution Xo. 157. A resolution concerning the submission of constitutional changes to the people. Mr. Waller of Kew London moved that the resolution be taken from the table, and referred to the committee of the whole. ■The motion was discussed by Messrs. Waller of New Lon- JOURNAL OF THE CONSTITUTIONAL CONVENTION. 125 don, Clark of Haddam, Brown of Norwich, and Warner of Salisbury. The motion did not prevail. Mr. "Waller of Xew London moved, at 1.55 o'clock P. M., that the Convention take a recess until called to order by the President of the Convention. The motion prevailed. AVednesday afternoon, February 19, 1902. The Convention was called to order at 2.10 o'clock P. ~^L, the President in the Chair. Mr. Perry of Pairfield offered a resolution (Convention Resolution Is^o. 163), raising a committee of twenty-four to be appointed by the President of the Convention, who shall consider the question of representation in both branches of the General Assembly, and report their conclusions to the Convention. The motion was discussed by Messrs. Perry of Fairfield, Webb of Hamden, Hale of Portland, Fisk of Branford, Hall of West Hartford, Loomis of Glastonbury, Warner of Salis- bury, Waller of jSTew London, Clark of Haddam, Gillette of Burlington, and Griswold of Guilford. On motion of Mr. Hall of Willington, the previous ques- tion was ordered. Mr. Waller of Xew London moved that the vote on the resolution be taken by Yeas and IN^ays. The motion prevailed. The resolution was then passed. The vote was as follows: Those voting Yea were : Hartford County. — Messrs. C. H. Clark, Jarvis, W. M. Brown, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Mid- 126 JOURNAL or THE CONSTITUTIONAL CONVENTIOX. dleton, Grant, Eedfield, Maltbie, Vance, Churchill, Condell, Holcomb, Speny, Bissell, W. H. Hall, Healy. 'New Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, Fisk, A. E. Smith, McMahon, Stevens, Webb, Meigs, Lines, Wallace, Ford, Marks, S. J. Bryant, Davis, Flotchkiss, Russell, Kendrick, Bishop. jSTew London County. — Messrs. Waller, F. T. Bro\\Ti, Miner, Buell, Chipman, King, Bailey, Allyn, J. F. Brown, Huntington, C. A. Gallup. Fairfield County. — Messrs. Davenport, Jennings, Perry, Whitlock, A. B. AA^oodAvard, Merritt, Stagg, Chichester. Windham County. — Messrs. Bugbee, Fitts, Burnham, Milner, Waldo, Hunt, Chandler. Litchfield County. — Messrs. Hayes, Belden, AVhittlesey, J. F. Smith, Crofut, Kirby, Middlesex County. — Messrs. D. W. JNTorthrop, G. M. Clark, Markham, Brothwell, Coe, Hubbard, Blake, Terrill, W. H. Smith. Tolland County. — Messrs. Skinner, Collins, Porter, Keeney, Pinney, Phelps, W. H. Hall. Those voting ISTay were : Hartford County. — Messrs. Holmes, Loomis, Miller, Bartlett, D. E. Phelps. JSTew Haven County. — Mr. Griswold. New London County. — Messrs. A. M. Brown, Bromley. Fairfield County. — Messrs. Woodman, E. H. ISTorthrop, Mead, Wanzer, Sanford, Barnes, O. Hall. Windham County. — - Messrs. L. IST, Clark, Latham, Somes, Elliott, Bowen. Litchfield County. — Messrs. Andrews, W. B. Smith, Beach, Case, Mallett, O'Connor, C. H. Smith, D. T. AVarner, Etheridge, Strong, Woolson, Curtiss. Middlesex County. — Messrs. Pelton, Purple, Hale, L'Hommedieu, Post. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 127 Tolland County. — Messrs. JSTewcomb, Cliarter, Storrs. Those absent and not voting were : Hartford County. — Messrs. Pierce, Cheney, Cooley, Ha- vens, Willard. New Haven County. — Messrs. S. R. Woodward, Merwin, Whittemore, Wooster, Upson. Xew London County. — Messrs. I. Gillette, Raymond, Killeen, Frink, Morgan, Riley, Hinckley, E. B. Gallup. Fairfield County. — Messrs. Dempsey, Bell, R. J. Walsh, Shelton, C. H. jSTorthrop, Seymour, Gorham, Wakeman. Windham County. — Messrs. Boss, Evans, Groesbeck. Litchfield County. — Messrs. J. H. Smith, Kellogg, Wright, Ely, Beardsley, Camp, Fyler, Brinsmade. Middlesex County. — Mr. Xettleton. Tolland County. — Messrs. Sumner, Hawkins, Kinney. The vote was as follows : Whole number voting, . . .127 ISTecessary for passage, . . .64 Those voting Yea, . . 87 Those voting ^N^ay, . . 40 The resolution is as follows : Resolved by this Convention : That a committee of twenty-four be appointed by the Pres- ident to consider the question of representation, both in the Senate and House, and ascertain and report a plan which, while completely safeguarding the principle of town repre- sentation, shall, if possible, better harmonize the different views represented in the Convention than any heretofore pro- posed, and so tend to insure future satisfaction and stability. Mr. Warner of Salisbury introduced a resolution (Conven- tion Resolution Xo. 164), a resolution providing that the com- mittee just decided to be raised be instructed to report on Tuesday, the 25th day of February, 1902. The resolution was passed. 128 JOURNAL or THE CONSTITUTIONAL CONVENTION. Mr. Middleton of East Windsor moved that when the Con- vention adjourn it be to meet on Tuesday, February 25th, at 12.30 o'clock P. M. The motion did not prevail. On motion of Mr. Hayes of Bethlehem, the Convention, at 4 o'clock P. M., adjourned to meet on Thursday, at 11 o'clock A. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 129 Thursday, February 20, 1902. The Conventiou was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Rev. Charles H. Smith of Plymouth. APPOINTMENT OF A COMMITTEE. The President announced the appointment of the following committee to consider the question of representation raised by Convention Resolution Xo. 163 (see Convention Journal, February 19th). John H. Perry, Fairfield, Chairman. Charles Hopkins Clark, Hartford. ]^orris Galpin Osborn, Xew Haven, Daniel Davenport, Bridgeport. Francis P. Guilfoile, Waterbury. Frank T. Brown, Xorwich. Thomas M. Waller, Xew London. Le^vis Sperry, South Windsor. H. Wales Lines, Meriden. Theodore M. Maltbie, Granby. George Austin Bowen, Woodstock. William H. Hall, Willington. Wellington B. Smith, Wincbester. David B. Hotchkiss, Prospect. Jonathan B. Sanford, Redding. Alonzo E. Smith, Cheshire. Harley P. Buell, Colchester. Aurin P. Somes, Killingly. Charles M. Beach, New Milford. Edward S. Coe, Cromwell. 130 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Marshall Porter, Hebron. Frank W. Etlieridge, Thomaston. Edward H. Sears, Canton. Joseph S. Huntington, Old Lyme. Mr. Bowen of Woodstock asked to be excused from serving as a member of the committee. The request was discussed by Mr. Smith of Winchester. The President stated that he was unwilling and perhaps unable to excuse any delegate, the appointment having been made and being now in the hands of the Convention. On motion of Mr. Warner of Salisbury, the Convention, at 11.16 o'clock A. M., adjourned, to meet on Tuesday, at 12.30 o'clock P. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 131 Tuesday, February 25, 1902. The Convention was called to order at 12.30 o'clock P. M., the President in the Chair. Prayer was offered by the Chaplain, Rev. William Martin Brown of Bloomfield. CONVENTION RESOLUTION. Convention Eesolution Xo. 166. Mr. Bailey of Groton introduced a remonstrance protesting against the one-from-a- town plan of representation in the House of Representatives. The resolution was referred to the committee of the whole. REPORT OF A COMMITTEE. Mr. Perry of Fairfield presented the report of the commit- tee raised by Convention Eesolution No. 163 (see Convention Journal, February 20th), as follows : To the Constitutional Convention : The committee of twenty-four appointed to ascertain and report a plan which would tend to- harmonize the different views represented in the Convention on the question of repre- sentation in the Senate and House begs leave to report : That it has considered the various plans to that end which were proposed to it and finds itself unable to agree upon any one to submit to the Convention. All of which is respectfully submitted. John H. Perry, Chairman. Mr. Loomis of Glastonbury moved that the report be ac- cepted and the committee discharged. The motion was discussed by Messrs. Loomis of Glaston- bury and Sperry of South Windsor. The motion prevailed. 132 JOUENAL OF THE CONSTITUTIOXAL CONVENTION. Mr. Sperry of South Windsor presented the following mi- nority report of the committee raised by Convention Eesolu- tion Xo. 163 (see Convention Journal, February 20th), as follows : To the Constitutional Convention : The undersigned, being a minority of the members of the committee apj)ointed by Resolution of this Convention on the 20th inst., to report a plan for representation, have the honor to report that they have met with said committee and con- sidered the subject at length, and while they have been unable to agree with the majority of the committee on any plan, the undersigned have agreed upon the accompanying plan which received the approval of eleven of the committee upon roll call, and respectfully recommend the same to this Conven- tion for its adoption. Dated, Hartford, Conn., February 25, 1902. Charles Hopkins Clark, Hartford. ISTorris G. Osborn, 'New Haven. Daniel Davenport, Bridgeport. Francis P. GuiKoile, Waterbury. Frank T. Bro^vn, IsTorwich. Thomas M. Waller, New London. H. Wales Lines, Meriden. Lewis Sperry, South Windsor. Harley P. Buell, Colchester. Alonzo E. Smith, Cheshire. Accompanying the minority report was the following resolution : Convention Resolution No. 165. A resolution providing that each town of less than five thousand population shall have one representative, towns of five thousand to twenty- five thousand, two; twenty-five thousand to fifty thousand, three; fifty thousand to seventy-five thousand, four; seventy- five thousand to one hundred thousand, five; one hundred JOUKNAL OF THE CONSTITUTIONAL CONVENTION. 133 thousand or over^ six, and that towns entitled to more than two representatives shall he divided into districts, each dis- trict to elect one representative. On motion of Mr. Sperry of South Windsor, the resolution was referred to the committee of the whole, and ordered printed in the files. Mr. Etheridge of Thomaston moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 12.47 o'clock P. M., went into committee of the whole. COMMITTEE OF THE WHOLE. The committee was called to order at 12.48 o'clock P. M., Chairman Perry in the Chair. The Chairman st-ated that the question before the com- mittee was upon the adoption of an amendment making the Senate consist of from seventy-two to eighty-four members (see Convention Journal, February 19th). The amendment was discussed by Messrs. Waller of New London, Waimer of Salisbury, Davenport of Bridgeport, Brown of Norwich, Osbom of New Haven, Smith of Win- chester, and Etheridge of Thomaston. [Mr. Skinner of Andover in the Chair.] The amendment was further discussed by Messrs. Etheridge of Thomaston, Northrop of Middletown, and Merritt of Stamford. Mr. Merritt of Stamford introduced a motion in writing '' That it is the judgment of this committee that the large towms of the State should be given increased representation in the House of Representatives so that their material interests may receive adequate attention." The Chairman ruled that the motion was not in order, as it was not germane to the pending amendment. The amendment was further discussed by Messrs. Clark of 134 JOUENAL OF THE CONSTITUTIOXAL CONVE>'TIOX. Haddam, Smith of Cheshire, Redfield of Famiington, and Dempsey of Danbnry. The amendment offered bj Mr. Waller of iSTew London did not prevail. [Chairman Perry in the Chair.] Mr. Loomis of Glastonbury moved as an amendment that the Senate be composed of not less than sixty-five nor more than seventy-six members. The amendment was discnssed by Mr. Loomis of Glaston- bury. The amendment did not prevail. ' Mr. Warner of Salisbury moved to amend by substituting for the pending resolution the following : Resolved, That we are in favor of a Senate of sixty, based on principles already established. The amendment was discussed by Messrs. Warner of Salis- bury, Waller of 'New London, Hotchkiss of Prospect, Hale of Portland, Clark of Haddam, Brown of ISTorwich, Guilfoile of Waterbury, Gillette of Burlington, Smith of Winchester, and Davenport of Bridgeport. The amendment prevailed. The resolution was then passed as amended. Mr. Merritt of Stamford renewed his motion providing that the large towns of the State should be given increased repre- sentation. Mr. Loomis of Glastonbury moved that the motion be tabled. Mr. Waller of ISTew London raised the point of order that the motion to table was not in order in committee of the whole. The Chairman ruled that the point of order was well taken. The motion of Mr. Merritt of Stamford was discussed by Messrs. Warner of Salisbury and Smith of Winchester. By unanimous cgnsent, Mr. Merritt of Stamford withdrew his motion. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 135 Mr. Warner of Salisbury, at 3.20 o'clock P. M., moved that the Chairman of the committee report to the Convention the action taken bv the committee on the matter pending before it, and that the committee of the whole rise, report progress, and ask leave to sit again. The motion prevailed. Tuesday afternoon, February 25, 1902. The Convention was called to order at 3.21 o'clock P. M., the President in the Chair. The chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen, after instructing him to report progress, and ask leave to sit again, and that he would report the action taken by the committee on the matter pending before it, at such time as the Convention should direct. The report was accepted, and the request granted. Mr. Loomis of Glastonbury moved that the report of the action of the committee be received at once. The motion prevailed. Chairman Perry then reported that the following resolution had been favorably acted upon by the committee of the whole, and reported the same favorably to the Convention. That we are in favor of a Senate of sixty, based on princi- ples already established. Mr. Smith of Winchester moved that the report be tabled. The motion prevailed. On motion of Mr. Clark of Haddam, the Convention, at 3.22 o'clock P. M., adjourned, to meet on Wednesday, at 11 o'clock A. M. 136 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Wednesday, February 26, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Eev. Charles H. Smith of Plymouth. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, Jar^ds, W. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Loomis, Maltbie, Miller, Cooley, Vance, Churchill, Condell, Havens, Bartlett, Holcomb, Bis- sell, W. H. Hall, Willard, D. E. Phelps, Healy. New Haven County. — Messrs. Osborn, Guilf oile, D. T. Walsh, S. R. Woodward, A. E. Smith, McMahon, Stevens, Griswold, Webb, Lines, Wallace, Ford, Marks, S. J. Bryant, Davis, Hotchkiss, Russell, Kendrick, Bishop. New London County. — Messrs. Waller, F. T. Brown, Miner, Buell, King, A. M. Brown, Bailey, I. Gillette, Allyn, Bromley, Killeen, C. A. Gallup. Fairfield County. — Messrs. Davenport, Woodman, Perry, Whitlock, Shelton, Wanzer, C. H. Northrop, A. B. Wood- ward, Sanford, Seymour, Barnes, Merritt, Stagg, O. Hall, Wakeman, Chichester. Windham County. — Messrs. Bugbee, Fitts, L. N. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Hunt, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Kellogg, Wright, Whittlesey, J. F. Smith, Camp, C. H. Smith, Crofut, D. T. Warner, Kirby, Etheridge, Strong, Brinsmade, Woolson, Curtiss. JOURNAL OF THE CONSTITUTIONAL CONVENTlOlN. 1^7 Middlesex Countj. — Messrs. D. W. Northrop, G. M. Clark, Pelton, Coe, Hubbard, Purple, Blake, Terrill, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Skinner, Sumner, Charter, Porter, Storrs, Pinney, Phelps, W. H. Hall. Those absent and not answering to their names were : Hartford County. — Messrs. Eedfield, Cheney, Sperry. ISTew Haven County. — Messrs. A. D. Warner, Fisk, Mer- win, Whittemore, Wooster, Upson. New London County. — Messrs. Raymond, J. F. Brown, Huntington, Frink^ Morgan, Eiley, Hinckley, E. B. Gallup. Fairfield County. — Messrs. Dempsey, E. H. Northrop, Bell, Jennings, R. J. Walsh, Mead, Gorham. Windham County, — Messrs. Fitts, Evans. Litchfield County. — Messrs. J. H. Smith, Kellogg, Ely, Beardsley, O'Connor, Fyler. Middlesex County. — Messrs. Markham, Brothwell, Net- tleton. Tolland County. — Messrs. Newcomb, Collins, Hawkins, Keeney, Kinney. Whole number answering, . . . 127 Those absent and not answering, ... 40 Mr. Osborn of New Haven moved that the first business of the Convention daily until otherwise provided for, be a roll call of the delegates. The motion was discussed by Messrs. Osborn of New Haven, Warner of Salisbury, and Waller of New London. By unanimous consent, Mr. Osborn of New Haven with- drew his motion. CONVENTION RESOLUTIONS. Mr. Warner, of Salisbury introduced a resolution raising a committee of delegates to draft an article of the pro- 138 JOURNAL OF THE COXSTITUTIOXAL CONVENTION". posed Constitution on tlie subject of representation embody- ing the principles favorably passed upon by the committee of the whole, and report. Mr. Maltbie of Granby moved to fill the blank ^nth the number " five." Mr. Hall of Willington moved to amend by making the number " eight " instead of " five." Mr. Maltbie of Granby accepted the amendment. The resolution was discussed by Messrs. Osboni of Xew Haven and AYaller of ]^ew London. By unanimous consent, Mr. Warner of Salisbury withdrew his resolution. Convention Eesolution i^o. 167. Mr. Merritt of Stamford introduced a resolution providing that the large towns of the State should be given increased representation in the House of Representatives, so that their material interests may re- ceive adequate attention. Mr. Xoi-throp of Middletown moved to amend by Schedule " A," to strike out all after the words " House of Eepre- sentatives." Mr. Merritt of Stamford accepted the amendment. Mt. Loomis of Glastonbury moved that the resolution be in- definitely i^ostponed. The motion Avas discussed by Messrs. Perry of Fairfield, Waller of New London, Loomis of Glastonbury, Maltbie of Granby, Smith of Winchester, Brinsmade of Washington, and Webb of Hamden. Mr. Waller of New London moved that the vote on the motion be taken by Yeas and Nays. The motion prevailed. The motion to indefinitely postpone did not prevail. The vote Avas as follows : Those voting Yea were : Hartford County. — Messrs. Holmes, Jarvis, Dickinson, Loomis, Maltbie, Havens, Bartlett, Willard, D. E. Phelps. JOURNAL OF THE CONSTITUTIOXAL CONVEKTION. 139 Xew Haven Coiintv, — Messrs. Griswolcl, Ford, Eiissell. ISTew London County. — Messrs. Miner, A. M. Brown, I. Gillette, Allyn, Bromley, Killeen. Fairfield County. — Messrs. Woodman, E. H. Xorthrop, Mead, Wanzer, Sanford, Barnes, O. Hall, Wakeman. Windham County. — Messrs. Fitts, L. X. Clark, Groes- beck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Hunt, Bowen. Litchfield County. — Messrs. AY. B. Smith, Case, Hayes, Kellogg, Wright, J. F. Smith, Camp, C. H. Smith, Cro'fut, D. T. Warner, Etheridge, Strong, Woolson, Curtiss. Middlesex County. — Messrs. Pelton, Hubbard, Purple, W. H. Smith, Hale,"^ Post. Tolland County. — Messrs. Xewcomb, Charter, Porter, Storrs. Those voting ISTay were : Hartford County. — Messrs. 0. H. Clark, W. M. Brown, Pierce, Sears, Middleton, Grant, Vance, Churchill, Condell, Holcomb, Sperry, Bissell, W. H. Hall, Heal.y. 'New Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, S. R Woodward, A. E. Smith, McMahon, Stevens, Webb, Lines, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Kendrick, Bishoj). Xew London County. — Messrs. Waller, F. T. Brown, Buell, King, Bailey, Raymond, J. F. Brown, Hinckley, C. A. Gallup. Fairfield County. — Messrs. Davenport, Perry, Whitlock, Shelton, C. H. Xorthrop, A. B. Woodward, Seymour, Merritt, Stagg, Chichester. Windham County. — Messrs. Bugbee, Chandler. Litchfield County. — Messrs. Beach, Mallett, Belden, Whittlesey, Kirby, Brinsmade. Middlesex County. — Messrs. D. AV. Xorthrop, G. M. Clark, Brothwell, Coe, Blake, Terrill, L'Hommedieu. liO JOURNAL OF THE CONSTITUTIONAL CONVENTION. 1'olland County. — Messrs. Skinner, Siimner, Hawkins, Pinney, Phelps, AY. H. Hall. Those absent and not voting were : Hartford County. — Messrs. E. S. Gillette, P. S. Bryant, Eedfield, Miller, Cheney, Cooley. Xew Haven County. — Messrs. A. D. Warner, Fisk, Meigs, Wallace, Merwin, Whittemore, Upson. Xew London County. — Messrs. Chipman, Huntington, Prink, Morgan, Eiley, E. B. Gallup. Fairfield County. — Messrs. Dempsey, Bell, Jennings, R. J. Walsh, Gorham. Windham County. — Messrs. Boss, Evans. Litchfield County. — Messrs. J. H. Smith, Ely, Beardsley, O'Connor, Fyler. Middlesex County. — Messrs. Markham, ISTettleton. Tolland County. — Messrs. Collins, Keeney, Kinney. Whole number voting, ..... 131 Necessary for passage, . . . . .66 Those voting Yea, . . . .61 Those voting il^ay, . . . .70 Mr. Warner of Salisbury moved to amend by Schedule "B." Mr. Merritt of Stamford accepted the amendment. Following is the amendment : Schedule " B." Add to the resolution the following, " so that their material interests as large municipal corporations may be represented." Mr. Etheridge of Thomaston moved to amend the resolution by Schedule " C," as follows : JOUKISrAL OF THE CONSTITUTIONAL CONVENTION. 141 Schedule " C." At the end thereof add the following: " And whereas the committee of the whole has already favorably passed upon the following principles in regard to representation by a large majority, viz. : a Senate based upon equality of population located in contiguous territory pre- serving town lines and ignoring county lines; and a House of Representatives composed of one member from each town. " Eesolved, That in addition to the foregoing, in considera- tion of the magnitude of the business interests of the towns of 'New Haven, Hartford, Bridgeport, and Waterbury, we favor giving said towns additional representation as follows : JSTew Haven, three'; Hartford and Bridgeport, two each, and Waterbury, one." Mr. AValler of iSTew London moved to amend Schedule " C " by Schedule " D," as follows : Schedule " D." Add at the end of said amendment, " the town of Norwich one." The amendment was discussed by Messrs. Waller of ISTew London, Milner of Plainfield, Holcomb of Southington, Vance of I^ew Britain, Warner of Salisbury, and Brown of jSTorwicli. Mr. Waller of J^ew London moved that further considera- tion of the pending resolution and amendments be postponed to Thursday, at 11 o'clock A. M. The motion prevailed. Mr. Waller of ISTew London moved that the Convention take a recess until 2 o'clock P. M. The motion did not prevail. CONVENTION RESOLUTION. Convention Eesolution No. 168. Mr. Hall of Willington introduced a resolution providing that each tou'u of less than 142 JOURNAL OF THE CONSTITUTIONAL CONVENTION. five thousand poiDiilation shall be entitled to one representa- tive, five thousand to fifty thousand, two; fifty thousand to one hundred thousand, three; one hundred thousand to two hundred thousand, four; each town entitled to more than two representatives to be divided into districts, each to elect one representative. Also providing that the Senate shall con- sist of thirty-six members, the towns of each county to com- prise at least two senatorial districts. The resolution was referred to the committee of the whole. On motion of Mr. Waller of Xew London, the Convention, at 12.57 o'clock P. M., adjourned, to meet on Thursday, at 11 o'clock A. M. JOURNAL OF THE CONSTITUTIOXAL CONVENTION. 143 Thursday, February 27, 1902. The Convention was called to order at 11 o'clock A. ]\I., the President in the Chair. Prayer was offered by the Chaplain, Eev. William Martin Brown of Bloomfield. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County, — Messrs. C. H. Clark, Holmes, Jarvis, AV. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Redfield, Loomis, Maltbie, Cheney, Cooley, Vance, Churchill, Condell, Bartlett, Holcomb, Sperry, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. K^ew Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, S. R. Woodward, Fisk, A. E. Smith, Stevens, Griswold, Webb, Meigs, Lines, Wallace, Ford, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Eussell, Kendrick, Upson, Bishop, New London County. — Messrs. Waller, F, T. Brown, Miner, Buell, Chipman, King, A. M. Brown, Bailey, I, Gil- lette, Allyn, Bromley, Raymond, Killeen, J. F. Brown, Huntington, Frink, Hinckley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Wood- man, E. H. Northrop, Bell, Jennings, Perry, Whitlock, Shel- ton. Mead, Wanzer, C. H. Northrop, A. B. Woodward, San- ford, Seymour, Barnes, Merritt, Stagg, O. Hall, Chichester. Windham County. — Messrs. Bugbee, Fitts, Evans, L. N. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Hunt, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Belden, J. H. Smith, Wright, Ely, Whittlesey, J. F. 144 JOURXAL OF THE CONSTITUTIOXAL CONVEXTIOX. Smith, O'Connor, C. H. Smith, Crofiit, D. T. Warner, Kirby, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex Coimty. — Messrs. D. W. IN'orthrop, G. M. Clark, Markham, Brothwell, Pelton, Coe, Hubbard, Purple, Blake, Terrill, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. ISTewcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Keeney, Pinney, Phelps, W. H. Hall. Those absent and not answering to their names were : Hartford County. — Messrs. Miller, Havens. New. Haven County. — Messrs. McMahon, Merwin, Whittemore. i^ew London County. — Messrs. Morgan, Riley. Pairfield County. — Messrs. E. J. Walsh, Gorham, Wake- man. Windham County. — Mr. Boss. Litchfield County. — Messrs. Mallett, Kellogg, Beardsley, Camp, Fyler. Middlesex County. — Mr. Nettleton. Tolland County. — Mr. Kinney. Whole number answering, . . . .150 Those absent and not answering, . . .18 The President stated that the question before the Conven- tion was on a resolution. Convention Resolution No. 167 (see Convention Journal, February 26th), offered by the delegate from Stamford, providing that the large towns of the State should be given increased representation in the House of Representatives, so that their material interests as large muni- cipal corporations may be represented, to which resolution two amendments had been offered, and the first question be- fore the Convention was on the passage of an amendment offered by the delegate from New London. JOURI>rAL OF THE CONSTITUTIONAL CONVENTION. 145 Mr. Bowen of Woodstock moved to indefinitely postpone the resolution and the proposed amendments. The motion was discussed by Messrs. "Waller of New Lon- don, Pierce of Bristol, Sears of Canton, Perry of Fairfield, Vance of Xew Britain, Warner of Salisbury, Guilfoile of Waterbury, Etheridge of Thomaston, Griswold of Guilford, Clark of Haddam, Osborn of New Haven, Webb of Hamden, Brinsmade of Washington, Cheney of Manchester, and Smith of Cheshire. Mr. Waller of ISTew London moved that when the vote be taken it be taken by the Yeas and Nays. The motion prevailed. The motion to indefinitely postpone prevailed. The vote was as follows: Those voting Yea were : Hartford County. — Messrs. Holmes, Jarvis, W. M. Brown, E. S. Gillette, Dickinson, Loomis, Maltbie, Miller, Cooley, Havens, Bartlett, Willard, D. Ei. Phelps. New Haven County. — Messrs. S. R. Woodward, Eisk, Stevens, Griswold, Meigs, Wallace, Ford, Hotchkiss, Russell. New London County. — Messrs. Waller, Miner, King, A. M. Brown, I. Gillette, Allyn, Bromley, Killeen, Huntington, Frink, E. B. Gallup. Fairfield County. — Messrs. Woodman, E. H. Northrop, Bell, Jennings, Mead, Wanzer, Sanford, Barnes, O. Hall, Wakeman. Windham County. — Messrs. Fitts, Evans, L. N. Clark, Groesbeck, Latham, Bumham, Somes, Elliott, Waldo, Hunt, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Ely, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Ether- idge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. Markham, Coe, Hubbard, Purple, W. H. Smith, Hale, L'Hommedieu, Post, c. c— 10 146 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Tolland Countv. — Messrs. Newcomb, Sumner, Collins, Hawkins, Charter, Porter, Storrs. Those voting ISTay were: Hartford County. — Messrs. C. H. Clark, Pierce, Sears, Middleton, Grant, Redfield, Cheney, Vance, Churchill, Con- dell, Holcomb, Sperry, Bissell, W. H. Hall, Healy. New Plaven County. — Messrs. Osbom, Guilfoile, D. T. Walsh, A. D. Warner, A. E. Smith, Webb, Lines, Marks, S. J. Bryant, Davis, Wooster, Kendrick, Upson, Bishop. New London County. — Messrs. P. T, Brown, Buell, Chip- man, Bailey, Raymond, J. P. Brown, Hinckley, C. A. Gallup. Pairfield County. — Messrs. Davenport, Dempsey, Perry, Whitlock, Shelton, C. H. Northrop, A. B. Woodward, Sey- mour, Merritt, Stagg, Chichester. Windham County. — Messrs. Bugbee, Milner, Chandler. Litchfield County. — Messrs. Whittlesey, Kirby. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Brothwell, Pelton, Blake, Terrill, Tolland County. — Messrs. Skinner, Keeney, Pinney, Phelps, W. H. Hall. Those absent and not voting were : Hartford County. — Mr. P. S. Bryant. New Haven County. — Messrs. McMahon, Merwin, Whit- temore. New London County. — Messrs. Morgan, Eiley. Pairfield County. — Messrs. R J. Walsh, Gorham. Windham County. — Mr. Boss. Litchfield County. — Messrs. Kellogg, Wright, Beardsley, Pyler. Middlesex County. — Mr. Nettleton. Tolland County. — Mr. Kinney. Whole number voting, . . . . .152 Necessary for passage, . . . . .77 Those voting Yea, . . .88 Those voting Nay, ... 64 JOURNAL OF THE COXSTITUTIOXAL COIS^VENTIOX. 147 Mr. Pelton of Clinton moved that the Convention recon- sider its action in indefinitely postponing the resolution. Mr. Hall of Willington raised the point of order that the motion could not be entertained, because the delegate mak- ing the motion was not in the majority vote of the Conven- tion in indefinitely postponing the resolution. The President ruled that the point of order was well taken. CONVENTION RESOLUTION. Convention Resolution No. 169. Mr. Warner of Salis- bury introduced a resolution raising a committee of nine dele- gates to draft an article of the proposed Constitution on the subject of representation, embodying the principles favorably passed upon by the committee of the whole, and report. Mr. Waller of New London moved that the resolution be tabled. The motion was discussed by Messrs. Waller of ISTew Lon- don and Smith of Winchester. Mr. Waller of New London moved that the vote on the motion to table be taken by Yeas and IN'ays. The motion prevailed. Mr. Waller of New London, at 12.50 o'clock P. M., moved that the Convention take a recess until 2 o'clock P. M. The motion prevailed. Thursday afternoon, February 27, 1902. The Convention was called to order at 2 o'clock P. M., the President in the Chair. The President stated that the question before the Conven- tion was the motion of Mr. Waller of iSTew London to table Convention Resolution No. 169, raising a committee to draft an article of the proposed Constitution, and on which a vote by Yeas and Najs, had been ordered. 148 JOUENAL OF THE CONSTITUTIONAL CONVENTION. Mr. Davenport of Bridgeport proceeded to discnss the pend- ing motion. Mr. Loomis of Glastonbury raised tlie point of order that the motion to table was not debatable. The President ruled that the point of order was well taken. The motion to table did not prevail. The vote was as follows : Those voting Yea were : Hartford Conntj. — Messrs. C. H. Clark, Jarvis, W. M. Brown, E. S. Gillette, Sears, P. S. Bryant, Middleton, Grant, Eedfield, Cheney, Vance, Churchill, Condell, Holcomb, Sperry, Bissell, W. H. Hall, Willard, Healy. New Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, A. E. Smith, Stevens, Webb, Meigs, Lines, Wallace, Marks, S. J. Bryant, Davis, Wooster, Ken- drick, Upson, Bishop. New London County. — Messrs. Waller, F. T. Brown, Buell, Chipman, Bailey, Raymond, Huntington, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Jen- nings, Perry, Whitlock, C. H. Northrop, A. B. Woodward, Seymour, Merritt, Stagg, Chichester. Windham County. — Messrs. Bugbee, Milner, Chandler. Litchfield County. — Mr. Hayes. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Blake, Terrill. Tolland County. — Messrs. Skinner, Keeney, Pinney, Phelps, W. H. Hall. Those voting Nay were : • Hartford County. — Messrs. Holmes, Dickinson, Loomis, Maltbie, Miller, Cooley, Havens, Bartlett, D. E, Phelps. New Haven County. — Messrs. S. R. Woodward, Fisk, Griswold, Ford, Hotchkiss, Russell. JOUE^'AL OF THE COXSTITUTIOXAL CONVE^^TIO^^ 149 iSTew London Coimtv. — Messrs. Miner, King, A. M. Bro\vn, I. Gillette, Alljn, Bromley, Raymond, Killeen, Frink, Hinckley, E. B. Gallup. Fairfield County. — Messrs. Woodman, E. H. Northrop, Bell, Mead, Wanzer, Sanford, Barnes, O. Hall, Wakeman. Windham County. — Messrs. Fitts, Evans, L. iST. Clark, Groesbeck, Latham, Burnham, Somes, Elliott, Waldo, Hunt, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, Belden, J. H. Smith, Ely, Whittlesey, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Ether- idge. Strong, Brinsmade, AVoolson, Curtiss. Middlesex County. — Messrs. Markham, Pelton, Coe, Hub- bard, Purple, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Xewcomb, Sumner, Collins, Charter, Porter, Storrs. Those absent and not voting were : Hartford County. — Mr. Pierce. New Haven County. — Messrs. McMahon, Merwin, Whittemore. New London County. — Messrs. J. F. Brown, Morgan, Eiley. Fairfield County. — Messrs. R. J. Walsh, Shelton, Gor- ham. Windham County. — Mr. Boss. Litchfield County. — Messrs. Belden, Kellogg, Wright, Beardsley, Kirby, Fyler. Middlesex County. — Messrs. Brothwell, Nettleton. Tolland County. — Messrs. Hawkins, Kinney. Whole number voting, .... 146 Necessary for passage, . . . .74 Those voting Yea, . . .68 Those voting Nay, . . .78 150 JOURNAL OF THE CONSTITUTIONAL CONVENTION. ORDER OF THE DAY. Mr. Waller of Xew London moved that the resolution, Convention Resolution jSTo. 169, a resolution providing for the appointment of a committee of nine delegates to draft an article of the proposed Constitution on the subject of repre- sentation, be made the Order of the Day for Tuesday, March 4th, at 12.30 o'clock P. M. The motion prevailed. On motion of Mr. Waller of New London, the Convention, at 2.27 o'clock P. M., adjourned, to meet on Tuesday, at 12.30 o'clock P. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 151 Tuesday, March 4, 1902. The Gonvention was called to order at 12.30 o'clock P. M., the President in the Chair. Prayer was offered by the Chaplain, Rev. Charles H. Smith of Plymouth. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, Pierce, E, S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Redfield, Loomis, Maltbie, Miller, Cheney, Cooley, Vance, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. ISTew Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, S. R. Woodward, Eisk, A. E. Smith, McMahon, Stevens, Griswold, Webb, Meigs, Lines, Wallace, Ford, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Eussell, Ken- drick, Upson, Bishop. ISTew London County. — Messrs. Waller, F. T. Brown, Miner, Buell, Chipman, King, A. M. Brown, Bailey, I. Gil- lette, Allyn, Bromley, Raymond, Killeen, J. F. Brown, Hunt- ington, Frink, Morgan, Riley, Hinckley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, E. H. JSTorthrop, Bell, Jennings, Perry, Whitlock, Shelton, Wanzer, C. H. Northrop, A. B. Woodward, Sanford, Seymour, Barnes, Merritt, Stagg, 0. Hall, Gorham, Wakeman. Windham County. — Messi'^. Bugbee, Fitts, Eivans, L. N. Clark, Groesbeck, Latham, Somes, Milner, Elliott, Waldo, Hunt, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, 152 JOUEXAL OF THE CONSTITUTIONAL CONVENTION. Hayes, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beardsley, Whittlesey, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Kirby, Etheridge, Strong, Brinsmade, Woolson, Curtiss, Middlesex County. — Messrs. D. W. ISTorthrop, G. M. Clark, Markham, Brothwell, Pelton, Coe, Hubbard, Purple, Blake, Kettleton, Terrill, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Newcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Keeney, Pinney, W. H. Hall. Those absent and not answering to their names were : ISTew Haven County. — Messrs. A. D. Warner, Merwin, Whittemore. Fairfield County. — Messrs. Woodman, P. J. Walsh, Mead, Chichester. Windham County. — Messrs. Boss, Burnham. Tolland County. — Messrs. Kinney, Phelps. AVhole number answering, .... 157 Those absent and not answering, . . .11 OEDER OF THE DAY, 12.30 P. M. Convention Resolution No. 169. (See Convention Jour- nal, FebiTiary 27th.) A resolution raising a committee of nine delegates to draft an article of the proposed Constitu- tion on the subject of representation, embodying the princi- ples favorably passed upon by the committee of the whole, and report, was taken from the table. Mr. Sperry of South Windsor moved to amend by Schedule " A," striking out the words " on the subject of representa- tion, embodying the principles favorably passed upon by the committee of the wdiole," and inserting in lieu thereof, " em- JOURNAL OF THE CONSTITUTIONAL CONVENTION. 153 bodying the principles involved in Convention Resolution No. 165 (see Convention Jonrnal, February 25tli)." The amendment was discussed by Mr, Sperry of Soutli Windsor. Mr. Holcomb of Southington moved to amend the amend- ment by Schedule " B." The amendment, Schedule " B," was discussed by Messrs. Holcomb of Southington, Waller of ISTew London, Sperry of South Windsor, Davenport of Bridgeport, Warner of Salis- bury, Smith of Winchester, Brown of JSTorwich, and Clark of Hartford. Mr. Holcomb of Southington withdrew his amendment, Schedule " B." The amendment, Schedule " A," was further discussed by Messrs. Fisk of Branford, Hall of Willington, Milner of Plainfield, Gillette of Burlington, Osbom of New Haven, Smith of Winchester, Brown of Norwich, and Perry of Fair- field. On motion of Mr. Waller of New London, the previous question was ordered. Mr. Sperry of South Windsor moved that the vote be taken by Yeas and Nays. The motion prevailed. The amendment, Schedule " A," did not prevail. The vote was as follows : Those voting Yea were: Hartford County. — Messrs. C. H. Clark, W. M. Brown, Pierce, E. S. Gillette, Sears, P. S. Bryant, Grant, Eedfield, Cheney, Churchill, Condell, Holcomb, Sperry, Bissell, Healy. New Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. AVarner, S. E. Woodward, A. E. Smith, Mc- Mahon, Webb, Lines, Marks, S. J. Bryant, Davis, Wooster, Kendrick, Upson, Bishop. New London County. — Messrs. Waller, F. T. Brown, Buell, Chipman, Bailey, Eaymond, Morgan, Hinckley. 154 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Fairfield County. — Messrs. Davenport, Dempsey, Jen- nings, Perry, C. H. Northrop, A. B. Woodward, Seymour, Merritt, Stagg. "Windham County. — Mr. Chandler. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Brothwell, Blake. Tolland County. — Mr. Pinney. Those voting Nay were : Hartford County. — Messrs. Plolmes, Jarvis, Dickinson, Middleton, Loomis, Maltbie, Miller, Cooley, Havens, BarC- lett, W. H. Hall, Willard, D. E. Phelps. New Haven County. — Messrs. Fisk, Stevens, Griswold, Meigs, Wallace, Ford, Hotchkiss, Russell. New London County. — Messrs. Miner, King, A. M. Brown, I. Gillette, Allyn, Bromley, Killeen, Huntington, Frink, Kiley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. E. H. Northrop, Bell, Whit- lock, Mead, Wanzer, Sanf ord, Barnes, O. Hall, Gorham, Wakeman. Windham County. — Messrs. Bugbee, Fitts, Evans, L. N. Clark, Groesbeck, Latham, Somes, Milner, Elliott, Waldo, Hunt, Bowen. Litchfield Coimty. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beardsley, AYhittlesey, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Kirb}^, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. Markham, Pelton, Coe, Hub- bard, Purple, Nettleton, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Newcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Keeney, W. H. Hall. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 155 Those absent and not voting were : Hartford County. — Mr. Vance. jSTeAv Haven County. — Messrs. Merwin, Wliittemore. jSTew London County. — Mr. J. F, Brown, Fairfield County. — Messrs. Woodman, 'R. J. Walsh, Shel- ton, Chichester. Windham County. — Messrs. Boss, Burnham. Litchfield County. — Mr. Fyler. Middlesex County. — Mr. Terrill. Tolland County. — Messrs. Kinney, Phelps. Whole number voting, .... 153 Necessary for passage, . . . . YY Those voting Yea, . . .54 Those voting jSTay, . . .99 Mr. Bissell of Suffield moved to amend the resolution by Schedule " C," providing the same as Schedule " A," except that towns of less than two thousand population shall have one representative, towns from two thousand to twenty-five thousand two. [Mr. Brown of Norwich in the Chair.] The amendment was discussed by Messrs. Perry of Fair- field, Gillette of Burlington, Bryant of East Hartford, Hall of West Hartford, Clark of Lladdam, and Sperry of South Windsor. On motion of Mr. Osborn of Noav Haven, the previous question was ordered. Mr. Osborn of New Haven moved that the vote be taken by Yeas and Nays. The motion prevailed. [The President in the Chair.] The amendment, Schedule ''' C," did not prevail. 156 JOUKXAL OF THE COXSTITUTIONAL CONVENTION. The vote was as follows: Those voting Yea were : Hartford County. — Messrs. C. H. Clark, W. M. Brown, P. S. Bryant, Grant, Eedfield, Cheney, Condell, Holcomb, Sperry, Bissell, W. H. Hall, Willard, Healy. New Haven County. — Messrs. Osborn, D. T. Walsh, A. E. Smith, McMahon, "Webb, Lines, Marks, Kendrick. New London County. — Messrs. Waller, F. T. Brown, Buell, Chipman, Bailey, J. F. Brown, Morgan, Hinckley, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Jen- nings, Perry, C. H. Northrop, A. B. Woodward, Seymour, Merritt, Stagg. Windham County. — Mr. Chandler. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Markham, Blake. Tolland County. — Mr. Pinney. Those voting Nay were : Hartford County. — Messrs. Holmes, Jarvis, E. S. Gillette, Sears, Dickinson, Middleton, Loomis, Maltbie, Miller, Cooley, Churchill, Havens, Bartlett, D. E. Phelps. New Haven County. — Messrs. A. D. Warner, S. R. Wood- ward, Fisk, Stevens, Griswold, Meigs, Wallace, Ford, S. J. Bryant, Davis, Wooster, Russell, Upson, Bishop. New London County. — Messrs. Miner, King, A. M. Brown, I. Gillette, Allyn, Bromley, Raymond, Killeen, Hunt- ington, Frink, Riley, E. B. Gallup. Fairfield County. — Messrs. E. H. Northrop, Bell, Whit- lock, Shelton, Mead, Wanzer, Sanford, Barnes, O. Hall, Gor- ham, Wakeman. Windham County. — Messrs. Bugbee, Fitts, Evans, L. N. Clark, Groesbeck, Latham, Somes, Milner, Elliott, Waldo, Hunt, Bowen. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 157 Litchfield Coimtv. — Messrs. W. B. Smitli, Beach, Case, Haves, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beardslev, Whittlesey, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Kirby, Etheridge, Strong, Brinsmade, Woolson, Ciirtiss. Middlesex County. — Messrs. Brothwell, Pelton, Coe, Hub- bard, Purple, Xettleton, Terrill, W. H. Smith, Hale, L'Hom- medieu, Post. Tolland County. — Messrs. Xewcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Keeney, W. H. Hall. Those absent and not voting were : Hartford County. — Messrs. Pierce, Vance. iSTew Haven County. — Messrs. Merwin, Whittemore. . Fairfield County. — Messrs. Woodman, K. J. Walsh, Chichester. Windham County. — Messrs. Boss, Burnham. Litchfield County. — Mr. Fyler. Tolland County. — Messrs. Kinney, Phelps. Whole number voting, . . . .153 Xecessary for passage, . . . .77 Those voting Yea, . . .45 Those voting Nay, . . . 108 The following were paired on the vote: Mr. Guilfoile of Waterbury, Yea. Mr. Hotchkiss of Prospect, ^STay. The resolution was then discussed by Messrs. Waller of Xew London, Warner of Salisbury, Bro^vn of iSTorwich, Gris- wold of Guilford, and Perry of Fairfield. Mr. Loomis of Glastonbury moved that the previous ques- tion be ordered. 1.^8 JOURXAL OF THE COXSTITUTIONAL COXVENTIOX. Mr. Sperrj of South. Windsor moved that the vote on ordering the previous question be taken bj Yeas and Xays. The motion did not prevail. The motion that the previous question be ordered prevailed. Mr. Brown of Xorwich moved that the vote on the resolu- tion be taken by Yeas and iiSTajs. The motion prevailed. The resolution was then passed. The vote was as follows : Those voting Yea were : Hartford County. — Messrs. Holmes, Dickinson, Loomis, Maltbie, Miller, Cooley, Havens, Bartlett, D. E. Phelps. Xew Haven County. — Messrs. S. E. AYoodward, Fisk, Griswold, Meigs, Ford, Russell. New London County. — Messrs. ]\liner. King, A. M. Brown, I. Gillette, Allyn, Bromley, Raymond, Killeen, Frink, Eiley, E. B. Gallup. Fairfield County. — Messrs. Dempsey, E. H. Xorthrop, Bell, Mead, Wanzer, Sanford, Barnes, Gorham. Windham County. — Messrs. Fitts, Evans, L. X. Clark, Groesbeck, Latham, Somes, Elliott, Waldo, Hunt, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beardsley, J. F. Smith, O'Connor, Camp, C. H. Smith, Cro- fut, D. T. Warner, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. Pelton, Hubbard, Purple, Nettleton, Hale, Post. Tolland County. — Messrs. jSTewcomb, Sumner, Collins, Charter, Porter, Ston-s. Those voting iSTay were : Hartford County. — Messrs. C. H. Clark, Jarvis, W. M. Brown, E. S. Gillette, Sears, P. S. Bryant, Middleton, Grant, JOUKNA.L OF THE COXSTITUTIOXAL CONVENTIONS^ 159 Kedfiekl, Cheney, Yance, Churchill, Condell, Holcomb, Sperry, Bissell, W. H. Hall, Willard, Healy. New Haven County. — Messrs. Osbom, D. T. Walsh, A. D. "Warner, A. E. Smith, McMahon, Stevens, Webb, Lines, Wallace, Marks, S. J. Bryant, Davis, Wooster, Kendrick, Up- son, Bishop. ISTew London County. — Messrs. Waller, F. T. Bro^\^^, Buell, Chipman, Bailey, J. F. Brown, Huntington, Morgan, Hinckley, C. A. Gallup. Fairfield County. — Messrs. Davenport, Jennings, Perry, Whitlock, Wanzer, C. H. jSTorthrop, A. B. AVoodward, Sey- mour, Merritt, Stagg, O. Hall, Wakeman. Windham County. — Messrs. Bugbee, Milner, Chandler. Litchfield County. — Messrs. Whittlesey, Kirby. Middlesex County. — Messrs. D. W. ISTorthrop, G. M. Clark, Markham, Brothwell, Blake, Terrill, W. H. Smith, L'Hommedieu. Tolland County. — Messrs. Skinner, Hawkins, Keeney, Pinney, W. H. Hall. Those absent and not voting were : Hartford County. — Mr. Pierce. jS^ew Haven County. — Messrs. Merwin, Whittemore. Fairfield County. — Messrs. Woodman, R. J. AValsh, Shel- tou, Chichester. Windham County. — Messrs. Boss, Burnham. Litchfield County. — Mr. Fyler. Middlesex County. — Mr. Coe. Tolland County. — Messrs. Kinney, Phelps. Whole number voting, . . . .152 Necessary for passage, . . . .77 Those voting Yea, . . .78 Those voting Nay, . . .74 160 JOURNAL OF THE CONSTITUTIONAL CONVENTION. The following were paired on the vote : Mr. Gnilfoile of Waterbury, Yea. Mr. Hotchkiss of Prospect, Nay. Convention Resolution No. 157. (See Convention Jour- nal, February 19th.) A resolution concerning the submis- sion of changes in the Constitution to the people, was taken from the table, on motion of Mr. Waller of New London. The resolution was discussed by Messrs. Waller of New London, Northrop of Middleto^vn, and Clark of Haddam. On motion of Mr. Clark of Haddam, the resolution was tabled. On motion of Mr. Clark of Haddam, the Convention, at 3.37 o'clock P. M., adjourned, to meet on Wednesday, at 11 o'clock A. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 161 Wednesday, March 5, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Kev. William Martin Brown of Bloomfield. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford Connty. — Messi-s. C. H. Clark, Holmes, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Eedfield, Loomis, Maltbie, Miller, Cooley, Vance, Churchill, Condell, Havens, Bartlett, Hol- comb, Sperry, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. New Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, S. K. Woodward, Fisk, A. E. Smith, McMahon, Stevens, Griswold, Webb, Meigs, Lines, Wallace, Ford, Marks, S. J. Bryant, Davis, Hotchkiss, Woostcr, Russell, Kendrick, IJpson. Isew London County. — Messrs. Waller, F. T. Brown, Miner, Buell, Chipman, King, A. M. Brown, Bailey, I. Gil- lette, Allyn, Bromley, Killeen, J. F. Brown, Huntington, Frink, Morgan, Riley, Hinckley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Woodman, E. H. ISTorthrop, Bell, Jennings, Perry, Shelton, Wanzer, C. H. Xorthrop, A. B. Woodward, Sanford, Seymour, Barnes, Mer- ritt, Stagg, O. Hall, Gorham, Wakeman, Chichester. Windham County. — ]\Iessrs. Bugbee, Fitts, Evans, L. IST. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Kellogg, Wi-ight, Ely, c. c— 11 1G2 .lOUKXAL OF THE CONSTITUTIONAL COXVEXTIOX. Beardsley, Whittlesey, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofnt, D. T. AVarner, Kirby, Etheridge, Strong, Brinsmade, Woolson, Cnrtiss. Middlesex County.— Messrs. D. AY. Xorthrop, G. M. Clark, Broth well, Pelton, Coe, Hnbbard, Purple, Blake, N^ettleton, Terrill, ^Y. H. Smith, Hale, Post. Tolland County. — Messrs. Xewcomb, Skinner, Snmner, Collins, Charter, Porter, W. H. Hall. Those absent and not answering to their names were : Hartford Connty. — Mr. Cheney. New Haven Connty. — Messrs. A. D. Warner, Merwin, W^hittemore, Bishop. Xew London Connty. — M)-. Raymond. Pairfield Connty. — Messrs. Dempsey, E. J. Walsh, Whit- lock, Mead. AVindham Connty. — Messrs. Boss, Hunt. Litchfield Connty. — Mr. Fyler. Middlesex County. — Messrs. Markham, L'Hommedien. Tolland Connty. — Messrs. Hawkins, Storrs, Keeney, Pin- ney, Kinney, Phelps. Whole number answering, . . 147 Those absent and not answering, . 21 APPOINTMENT OF A COMMITTEE. The President appointed the following committee to draft an article of the Constitution on the question of representation in the General Assembly (see Convention Journal, March 4th) : Theodore M. Maltbie of Granby, Chairman. Frank W. Etheridge of Thomaston. Charles A. Pelton of Clinton. Samuel J. Bryant of Orange. Eugene C. Dempsey of Danbury. .TOUE^'AL OF THE COI^STITCTIOXAL CONVEXTIOX. 163 John C. Brinsmade of Washington. Anrin P. Somes of Killinglv. Joseph S. Huntington of Old Lyme. Francis M. Charter of Ellington. CONVENTION RESOLUTIONS. Convention Eesolntion 'No. 170. Mr. Perrv of Fairfield in- troduced a resolntion adopting the Preamble and Bill of Bights of the present Constitution. The resolution was discussed bv Messrs. Perry of Fairfield and Warner of Salisbury. The resolution was referred to the committee of the whole. Convention Resolution Xo. ITI. Mr. Perry of Fairfield in- troduced a resolution referring all resolutions concerning the Preamble and Bill of Rights to the committee of the whole for consideration, and providing that no other matter should be considered until they were disposed of. The resolution was passed. Convention Resolution Xo. 172. Mr. Waller of Xew Lon- don introduced a resolution that a committee of nine be ap- pointed to report an article or section of the Constitution to this Convention for its consideration, providing that the right of trial by jury shall remain inviolate and shall extend to all hearings in damages in actions at law at the request of either party. The resolution was referred to the committee of the whole. Mr. AVarner of Salisbury moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 11.25 o'clock A. M., went into committee of the whole. COMMITTEE OF THE WHOLE. The committee was called to order at 11.26 o'clock A. ^L, Chairman Perry in the Chair. 3f r. Vance of Xew Britain moved that wherever the words 164 JOURNAL OF THE CONSTITUTIONAL CONVENTION. " men or people " occur in the Preamble, that they be stricken out and the words '^ people and toAvns " be substitnted in lieu thereof. The motion was discussed by Messrs. Vance of ]^ew Britain and Davenport of Bridgeport. The motion did not prevail. Mr. Andrews of Litchfield moved that the committee adopt the Preamble as it exists in the present Constitution, and re- port the same favorably to the Convention, with the recom- mendation that it adopt the same and place it at the head of the Constitution to be adopted by the Convention. The motion prevailed. The Preamble is as follows : . PREAMBLE. The people of Connecticut, acknowledging with gratitude the good providence of God, in having pennitted them to en- joy a free government, do, in order more effectually to define, secure, and perpetuate the liberties, rights, and privileges which they have derived from their ancestors, hereby, after a careful consideration and revision, ordain and establish the following Constitution, and form of civil government. Mr. Andrews of Litchfield moved that the committee adopt Article First and Section 1 of the Declaration of Eights in the present Constitution, and report the same favorably to the Convention, and request the Convention to adopt the same and place them in the Constitution to be adopted. The motion prevailed. The following are the Sections adopted : Article Eirst. DECLARATION OF RIGHTS. That the great and essential principles of liberty and free government may be recognized and established. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 165 WE DECLAKE, Section 1. That all men, when they form a social compact, are equal in rights; and that no man or set of men are en- titled to exclusive public emoluments or privileges from the community. Mr. Andrews of Litchfield moved that the committee adopt Sections 2 and 3 of the Declaration of Eights in the present Constitution, and report the same favorably to the Conven- tion, and request the Convention to adopt the same and place them in the Constitution to be adopted. The motion prevailed. The following are the sections adopted : Sec. 2. That all political. power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit ; and that they have at all times an undeniable and indefeasible right to alter their form of gov- ernment in such a manner as they may think expedient. Sec. 3. The exercise and enjoyment of religious profes- sion and worship, "without discrimination, shall forever be free to all persons in this State, provided that the right hereby declared and established shall not be so construed as to ex- cuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the State. Mr. Andrews of Litchfield moved that the committee adopt Section 4 of the Declaration of Rights in the present Consti- tution, and report the same favorably to the Convention, and request the Convention to adopt the same and place it in the Constitution to be adopted. Mr. Davenport of Bridgeport moved to amend by Conven- tion Eesolution jSTo. 80, striking out the word " Christian " in said section, and insert in lieu thereof the word " religious." The motion was discussed by Messrs. Davenport of Bridge- port, Webb of Hamden, Smith of Plymouth, Brown of Nor- wich, Waller of ISTew London, x\ndrews of Litchfield, and Pierce of Bristol. 166 JOURNAL OF THE CONSTITUTIONAL CONVENTION. The motion to amend did not prevail. The motion then prevailed. The following is the section adopted : Sec. 4. 1^0 preference shall be given bv law to anv Chris- tian sect or mode of worship. Mr. Andrews of Litchfield moved that the committee adopt Section 5 of the Declaration of Eights in the present Con- stitntion, and report the same favorably to the Convention, and request the Convention to adopt the same and place it in the Constitution to be adopted. The motion prevailed. The following is the section adopted : Sec. 5. Every citizen may freely speak, write, and pub- lish his sentiments on all subjects, being responsible for the abuse of that liberty. Mr, Andrews of Litchfield moved that the Committee adopt Section 6 of the Declaration of Rights in the present Consti- tution, and report the same favorably to the Convention, and request the Convention to adopt the same and place it in the Constitution to be adopted. Mr. Pierce of Bristol moved to amend. The motion to amend was discussed by Messrs. Pierce of Bristol, Brown of ISTorwich, Waller of New London, Xorthrop of Middletown, Warner of Salisbury, Andrews of Litchfield, and Redfield of Farmington. The motion to amend did not prevail. The motion prevailed. The following is the section adopted : Sec. 6. No law shall ever be passed to curtail or restrain the liberty of sjDeech or of the press. [Mr. Webb of Hamden in the Chair.] Mr. Andrews of Litchfield moved that the committee adopt Sections 7 and 8 of the Declaration of Eights in the present Constitution, report the same favorably to the Convention, re- JOURNAL OF THE COXSTITUTIOXAL C0:!\ VENTIOX. 167 quest the Convention to adopt the same and place them in the Constitution to be adopted. The motion prevailed. The following are the sections adopted : Sec. 7. In all prosecutions or indictments for libels, the truth may be given in evidence, and the. jury shall have the a'ight to determine the law and the facts, under the direction of the court. Sec. 8. The people shall be secure in their persons, houses, papers, and possessions from unreasonable searches or seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them as nearly as may be, nor without probable cause supported by oath or affirmation. Mr. Andrews of Litchfield moved that the committee adopt Section 9 of the Declaration of Rights in the present Consti- tution, report the same favorably to the Convention, and request the Convention to adopt the same and place it in the Constitution to be adopted. Mr. Davenport of Bridgeport moved to amend the section by Convention Resolution Xo. 81. Mr. AYalsh of Ansonia moved to amend the amendment by Convention Resolution jSTo. 104. The motion was discussed by Messrs. Davenport of Bridge- port, Andrews of Litchfield, Waller of Kew London, Pierce of Bristol, and Walsh of Ansonia. Mr. Healy of Windsor Locks, at 12.55 o'clock P. M., moved that the committee of the whole take a recess until 2 o'clock P. M. The motion prevailed. 168 JOURNAL OF THE CONSTITUTIOKAL CONVENTION. "Wednesday afternoon, March 5, 1902. The committee was called to order at 2 o'clock P. M., Chairman Perry in the Chair. The Chairman stated that the first business before the com- mittee was the amendment, Schedule " B," offered by Mr. Walsh of Ansonia, to the amendment, Schedule " A," offered by Mr. Davenport of Bridgeport, to Section 9 of Article First of the Bill of Rights. The amendment, Schedule " B," was discussed by Messrs. Walsh of Ansonia, Andrews of Litchfield, Davenport of Bridgeport, Warner of Salisbury, and Waller of New London. The amendment. Schedule " B," did not prevail. The amendment. Schedule " A," was discussed by Messrs. Warner of Salisbury, Waller of ISTew London, Webb of Ham- , den, and Davenport of Bridgeport. The amendment. Schedule " A," prevailed. Pollowing is the amendment : Schedule " A." Add to Section 9 the following : " No person shall be sub- ject, for the same offense, to be twice put in jeopardy of life or limb." Section 9 was then adopted as amended. Following is the section as amended : Sec. 9. In all criminal prosecutions, the accused shall have the right to be heard by himself and by counsel; to demand the nature and cause of the accusation; to be confronted by the witnesses against him; to have compulsory process to obtain witnesses in his favor; and in all prosecutions by indictment or information, a speedy public trial by an impartial jury. He shall not be compelled to give evidence against himself, nor be deprived of life, liberty, or property, but by due process of law. And no person shall be holden to answer for any crime, the punishment of which may be death or imprisonment for life, unless on a presentment or indictment of a grand jury; JOURNAL OF THE CONSTITUTIONAL CONVENTION. 169 except in the land or naval forces, or in the militia when in actual service in time of war, or public danger. !N^o person shall be subject, for the same offense, to be twice put in jeopardy of life or limb. Mr. Brown of Korwich moved that the committee adopt Section 10 in the present Constitution, report the same favor- ably to the Convention, and request the Convention to adopt it and place the same in the Constitution to be adopted. Mr. Pierce of Bristol moved to amend the section by Schedule " A." The amendment did not prevail. Mr. Waller of jSTew London moved that the consideration of Section 10 be postponed until the next session of the com- mittee, and that the amendment be printed in the Journal. The motion was discussed by Messrs. Waller of New Lon- don, Guilfoile of Waterbury, Clark of Haddam, and Hotch- kiss of Prospect. Mr. Waller of ]^ew London withdrew his motion. Mr. Davenport of Bridgeport moved that the consideration of Section 10 be postponed until the next session of the com- mittee. The motion did not prevail. Section 10 was then adopted. Following is the section : Sec. 10. No person shall be arrested, detained, or punished except in cases clearly warranted by law. Mr. Brown of Norwich moved that the committee adopt Section 11 of the present Constitution, report the same favor- ably to the Convention, and request the Convention to adopt it and place it in the Constitution to be adopted. The motion prevailed. The following is the section adopted : Sec. 11. The property of no person shall be taken for public use, without just compensation therefor. Mr. Brown of Norwich moved that the committee adopt Section 12 of the present Constitution, report the same favor- 170 JOURNAL OF THE COXSTITUTIONAL CONVENTION. ably to the Convention, and request the Convention to adopt it and phace it in the Constitution to be adopted. The motion prevailed. The following is the section adopted : Sec. 12. All courts shall be open, and every person, for any injury done to him in his person, property, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay. Mr. Brown of Norwich moved that the committee adopt Section 13 of the present Constitution, report the same favor- ably to the Convention, and request the Convention to adopt it and place it in the Constitution to be adopted. The motion prevailed. The following is the section adopted : Sec. 13. Excessive bail shall not be required, nor excessive fines imposed. Mr. Brown of Norwich moved that the committee adopt Section 14 of the present Constitution, report the same favor- ably to the Convention, and request the Convention to adopt it and place it in the Constitution to be adopted. The motion prevailed. The following is the section adopted : Sec. 14. All prisoners shall, before conviction, be bailable by sufficient sureties, except for capital offenses, Avhere the proof is evident, or the presumption great; and the privileges, of the writ of habeas corpus shall not be suspended, unless when in case of rebellion, or invasion, the public safety may require it; nor in any case, but by the legislature. Mr. Brown of Norwich moved that the committee adopt Section 15 of the present Constitution, report the same favor- ably to the Convention, and request the Convention to adopt it and place it in the Constitution to be adopted. The motion prevailed. The following is the section adopted : Sec. 15. No person shall be attainted of treason or felony, by the legislature. JOURXAL OF THE COXSTITUTIOXAL COXVEXTIOX. 171 Mr. Brown of Xorwich moved that the committee adopt Section 16 of the present Constitution, report the same favor- ably to the Convention, and request the Convention to adopt it and place it in the Constitution to be adopted. The motion prevailed. The following is the section adopted : Sec. 16. The citizens have a right, in a peaceable manner, to assemble for their common good, and to applv to those invested with the powers of government, for redress of griev- ances, or other proper purposes, by petition, address, or re- monstrance. Mr. Brown of ISTorwich moved that the committee adopt Section 17 of the present Constitution, report the same favor- ably to the Convention, and request the Convention to adopt it and place it in the Constitution to be adopted. The motion prevailed. The following is the section adopted : Sec. 17. Every citizen has a right to bear arms in defense of himself and the State. ]\rr. Brown of Xorwich moved that the committee adopt Section 18 of the present Constitution, report the same favor- ably to the Convention, and request the Convention to adopt it and place it in the Constitution to be adopted. The motion prevailed. The follo-udng is the section adopted : Sec. 18. The military shall, in all cases, and at all times, be in strict subordination to the civil power. Mr. Brown of Xorwich moved that the committee adopt Section 19 of the present Constitution, report the same favor- ably to the Convention, and request the Convention to adopt it and place it in the Constitution to be adopted. The motion prevailed. The following is the section adopted : Sec. 19. Xo soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. 172 JOURNAL OF THE COiS'STITUTIONAL CONVENTION. Mr, Brown of Norwich moved that the committee adopt Section 20 of the present Constitution, report the same favor- ably to the Convention, and request the Convention to adopt it and place it in the Constitution to be adopted. The motion prevailed. The following is the section adopted : Sec. 20. oSTo hereditary emoluments, privileges, or honors shall ever be granted or conferred in this State. ]VIr. Brown of Norwich moved that the committee adopt Section 21 of the present Constitution, report the same favor- ably to the Convention, and request the Convention to adopt it and place it in the Constitution to be adopted. Mr. Waller of New London moved to postpone considera- tion of the section until the next session of the committee of the whole. The motion was discussed by Messrs. Waller of New Lon- don, Brown of Nor^vich, and Clark of Haddam. By unanimous consent, Mr. Waller of New London with- drew his motion. Mr, Davenport of Bridgeport moved to postpone considera- tion of the section until the next session of the committee of the whole. The motion was discussed by Messrs. Davenport of Bridge- port, Milner of Plainfield, Webb of Hamden, Loomis of Glas- tonbury, and Warner of Salisbury. The motion prevailed. Mr. Andrews of Litchfield moved that the committee adopt Article Second of the Distribution of Powers of the present Constitution, report the same favorably to the Convention, and request the Convention' to adopt it and place it in the Consti- tution to be adopted. The motion prevailed. The following is the article adopted : Article Second. OF THE DISTEIBUTION OF POWERS. The powers of government shall be divided into three dis- JOURNAL OF THE CONSTITUTIONAL CONVENTION. 173 tinct departments, and each of them confided to a separate magistracy, to wit, those which are legislative, to one; those which are executive, to another; and those which are judicial, to another. Mr. Davenport of Bridgeport, at 3.14 P. M., moved that the committee of the whole rise, and that the Chairman be in- structed to report to the Convention the favorable action of the committee on the matters referred to it, and ask leave to sit again. The motion prevailed. ' Wednesday afternoon, March 5, 1902. The Convention was called to order at 3.15 P. M., the President in the Chair. The Chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen after instructing him to report favorably certain mat- ters adopted by the committee, and ask leave to sit again. The report was accepted, and the request granted. Mr. Loomis of Glastonbury moved that the Chairman of the committee of the whole report to the Convention the action of the committee on the matters referred to it. The motion prevailed. The Chairman of the committee of the whole then reported to the Convention that the committee of the whole had adopted the Preamble of the present constitution and the first twenty sections of the Declaration of Rights of the present Constitution, with the following amendment to Section 9 : '' ISTo person shall be subject, for the same offense, to be twice put in jeopardy of life or limb," and also Article Second of the Distribution of Powers. On motion of Mr. Loomis of Glastonbury, the report was tabled. 174 JOURNAL OF THE CONSTITUTIONAL CONVENTION. CONVENTION RESOLUTION. Convention Eesolntion Xo. 173. Mr. Bryant of East Hart- ford introdncGcl a resolution that all pending resolutions, ex- cept those pertaining- to the legislative department, be printed and placed in the files. The motion prevailed. Mr, Bryant of East Hartford moved that the amendment offered by Mr. Pierce of Bristol to Section 10 be printed in the Journal. The motion prevailed. The following is the amendment: Add to Section 10 the following : " and in proceedings to pnnish for contempt of conrt, in the disobedience of orders of injunction by acts not committed in the presence of the conrt. the accused shall, upon his request, be entitled to trial by jury upon due information or indictment in the proper court of criminal jurisdiction." On motion of Mr. Davenport of Bridgeport, the Conven- tion, at 3.19 o'clock P. M., adjourned, to meet on Thursday, at 11 o'clock A. M. JOURNAL OF THE . CONSTITUTIONAL CONVENTION. 175 Tlnirsday, Marcli 6, 1902. The Convention was called to order at 11 o'clock A. M., the President in tlie Chair. Prayer was offered by the Chaplain, Rev. Charles H. Smith of Plymouth. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Redfield, Loomis, Maltbie, Miller, Cooley, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. New Haven County. — Messrs. Osborn, Guilf oile, D. T. Walsh, A. D. Warner, S. R Woodward, A. E. Smith, Mc- Mahon, Stevens, Griswold, Webb, Lines, Wallace, Ford, Marks, S. J. Bryant, Hotchkiss, Wooster, Russell, Kendrick, Bishop. New London County. — Messrs. Waller, F. T. Brown, Miner, Buell, King, Bailey, I. Gillette, Allyn, Bromley, Ray- mond, Killeen, J. F. Brown, Huntington, Riley, Hinckley, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Wood- man, E. H. Northrop, Jennings, Perry, Whitlock, Wanzer, A. B. Woodward, Sanford, Seymour, Barnes, Merritt, Stagg, 0. Hall, Gorham, Wakeman, Chichester. Windham County. — Messrs. Bugbee, Fitts, Evans, L. X. Clark, Burnham, Milner, Elliott, Waldo, Chandler, BoAven. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Belden, J. H. Smith, Ely, Beardsley, Whittlesey, J. 176 JOURNAL OF THE COXSTITUTIOXAL COXVENTIOX. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. War- ner, Kirby, Etheridge, Strong, Brinsmacle, Woolson, Curtiss. Middlesex County. — Messrs. D. "W. Xorthrop, G. M. Chirk, Markham, Pelton, Coe, Hubbard, Purple, Xettleton, Terrill, AY. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Skinner, Sumner, Collins, Charter, Porter, Storrs, Pinney, AV. H. Hall. Those absent and not answering to their names were : Hartford County. — Messrs. Cheney, Vance. Xew Haven County. — Messrs. Fisk, Meigs, Merwin, Whittemore, Davis, Upson. New London County. — Messrs. Chipman, A. M. Brown, Frink, Morgan, E. B. Gallup. Fairfield County. — Messrs. Bell, K. J. Walsh, Shelton, Mead, C. H. Northrop. Windham County. — Messrs. Boss, Groesbeck, Latham, Somes, Hunt. Litchfield County. — Messrs. Mallett, Kellogg, Wright, Fyler. Middlesex County. — Messrs. Brothwell, Blake. Tolland County. — Messrs. Newcomb, Hawkins, Keeney, Kinney, Phelps. Whole number answering, .... 135 Those absent and not answering, . . .33 REPORT OF A COMMITTEE. The report of the committee appointed to draft an article of the Constitution on the question of representation (see Con- vention Journal, March 5th), was presented by Mr. Maltbie, Chairman of the committee on the part of the Convention, with an accompanying resolution (Convention Resolution No. 174), a resolution concerning the Legislative Department of JOUKNAL OF THE CONSTITUTIONAL CONVENTION. 177 the State of Connecticut, recommending the passage of the resolution. Mr. Maltbie of Granbv moved that the report of the com- mittee and the accompanying resolntion be tabled, and that the report and the resolution be printed and placed in the files. The motion prevailed. QUESTIONS OF PRIVILEGE. Mr. Huntington of Old Lyme rose to a question of personal privilege and explained that the reason he did not sign the report of the committee just submitted, was that he was not now in accord with the proposition submitted by the committee in the proposed resolution. And that while he had previously voted for a House of Representatives of one hundred and sixty-eight members and a Senate of sixty members, he was now of the opinion that the adoption of the resolution sub- mitted by the committee would be the worst thing that could happen to the small towns. Mr. Bryant of Orange rose to a question ©cf personal privi- lege, and explained that the reason he did not sign the report of the committee was that he regarded it as tentative and that his opposition to the proposition contained in their resolution had been so emphatic that he wished to further emphasize his opposition by refusing to sign the report submitted. Mr. Holcomb of Southington moved to make the report of the committee, with the accompanying resolution, the Order of the Day for Wednesday, March 12th, at 11 o'clock A. M. The motion was discussed by Messrs. Holcomb of Southing- ton, Maltbie of Granby, Clark of Haddam, and Smith of Win- chester. The motion prevailed. CONVENTION RESOLUTION. Convention Eesolution Xo. 175. Mr. Warner of Salisbury introduced a resolution that all resolutions proposing altera- tions or changes in Articles 4, 5, 6, 7, 8, 9, 10, and 11 of the c. c— 12 178 JOURNAL OF THE CONSTITUTIONAL CONVENTION. present Constitiition he referred to the committee of the whole. The resolution was passed. Mr. Warner of Salisbury moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 11.20 o'clock A. M., went into committee of the whole. COMMITTEE OF THE WHOLE. The Committee was called to order at 11.21 o'clock A. M., Chairman Perry in the Chair. The Chairman stated that the business before the com- mittee was the consideration of Section 21 of the Declara- tion of Rights of the present Constitution. Mr. Waller of ]^ew London moved to amend the section by Convention Resolution 'No. 172, a resolution providing that a committee of nine be appointed to report an article or section of the Constitution to this Convention for its consideration providing that the right of trial by jury shall remain invio- late and shall extend to all hearings in damages in actions at law at the request of either party. The motion to amend was discussed by Messrs. Davenport of Bridgeport and Chandler of Thompson. [Mr. Davenport of Bridgeport in the Chair.] The motion to amend was further discussed by Messrs. Brown of jSTorwich, ISTorthrop of Middletown, Sperry of South Windsor, and Waller of New London. Mr. Loomis of Glastonbury, at 12.57 o'clock P. M., moved that the committee take a recess until 2 o'clock P. M. The motion prevailed. JOCKXAL OF THE CONSTITUTIONAL CONVENTIOX. 179 Thursday afternoon, March G, 1902. The Committee was called to order at 2 o'clock P. M., Chairman Perry in the Chair. The Chairman stated that the question before the com- mittee was on the passage of an amendment offered by the delegate from Kew London to Section 21 of the Declaration of Eights of the present Constitution. The motion was discussed by Messrs. Webb of Hamden, Clark of Haddam, Andrews of Litchfield, Maltbie of Granby, Loomis of Glastonbury, Warner of Salisbury, Pierce of Bris- tol, Walsh of Ansonia, Osborn of J^ew Haven, and Smith of Winchester. Mr. Bryant of East Hartford, at 3.27 o'clock P. M., moved that the committee of the whole rise, report progress, and ask leave to sit again. The motion prevailed. Thursday afternoon, March 6, 1902. The Convention was called to order at 3.28 o'clock P. M., the President in the Chair. The chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen, after instructing him to report progress, and ask leave to sit again. The report was accepted, and the request granted. 180 JOURNAL OF THE CONSTITUTIONAL CONVENTION. CONVENTION RESOLUTIONS. Convention Resolution Xo. 176. Mr. Holcomb of Sontli- ington introduced a resolution as a substitute for Convention Eesolution 'No. lT-4 (see Convention Journal, March 6th), providing that towns of less than five thousand population shall have one representative, five thousand to twenty-five thousand, two; twenty-five thousand to seventy-five thou- sand, three; seventy-five thousand to one hundred and twenty- five thousand, four; and one additional for each fifty thou- sand in excess of one hundred and twenty-five thousand, and for a Senate of not less than thirty-six nor more than forty. The resolution was tabled. Convention Resolution ISTo. 177. Mr. Kendrick of Wal- lingford introduced a resolution providing that when the vote be taken upon the subject of representation, it be taken separ- ately on the composition of the House and of the Senate. The resolution was tabled. On motion of Mr. Maltbie of Granby, the Convention, at 3.35 o'clock P. M., adjourned, to meet on Tuesday, March 11th, at 12.30 o'clock P. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 181 Tuesday, March 11, 1902. The Convention was called to order at 12.30 o'clock P. ]\r., the President in the Chair. Prayer was offered by the Eev. J. P. Wagner of Simsbnry. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, .Kedfield, Loomis, Maltbie, Miller, Cheney, Cooley, Vance, Churchill, Condell, Havens, Bart- lett, Holcomb, Sperry, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. New Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, S. R. Woodward, Eisk, A. E. Smith, McMahon, Stevens, Griswold, Webb, Meigs, Lines, Wallace, Ford, Marks, Davis, Hotchkiss, Russell, Kendrick, Upson. New London County. — Messrs. Waller, E. T. Brown, Miner, Buell, Chipman, King, A. M. Brown, Bailey, I. Gil- lette, Allyn, Bromley, Raymond, Killeen, J. E. Brown, Huntington, Erink, Morgan, Riley, Hinckley, E. B. Gallup, C. A. Gallup. Eairfield County. — Messrs. Davenport, Dempsey, Wood- man, E. H. Northrop, Bell, Jennings, Perry, R. J. Walsh, Whitlock, Shelton, Mead, AVanzer, C. H. Northrop, A. B. Woodward, Sanford, Seymour, Barnes, Merritt, Stagg, 0. Hall, Gorham, Wakeman, Chichester. Windham County. — Messrs. Boss, Bugbee, Eitts, L. N. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Hunt, Chandler, Bowen. Litchfield County.. — Messrs. W. B. Smith, Beach, Case. 182 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Hayes, Belclen, J. H. Smith, Wright, Beardsley, Whittlesey, J. F. Smith, O'Connor, C. H. Smith, Crofiit, D. T. AVarner, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. D. W. Iv'orthrop, G. M. Clark, Pelton, Coe, Hubbard, Purple, Blake, ISTettleton, Ter- rill, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. ISTewcomb, Skinner, Collins, Charter, Porter, Keeney, Pinney, Phelps, W. H. Hall. Those absent and not answering to their names were : T^ew Haven County. — Messrs. Merwin, Whittemore, S. J. Bryant, Wooster, Bishop. Windham County. — Mr. Evans. Litchiield County. — Messrs. Mallett, Kellogg, Ely, Camp, Kirby, Eyler. Middlesex County. — Messrs. Markham, Brothwell. Tolland County. — Messrs. Sumner, Hawkins, Storrs, Kinney. Whole number answering, . . . .150 Those absent and not answering, . . .18 CONVENTION RESOLUTIONS. Convention Resolution ISTo. 178. Mr. Davenport of Bridgeport introduced a resolution adding to the Bill of Eights sections providing that the General Assembly shall not limit the amount to be recovered for injuries resulting in death, that the rights of labor shall have just protection by law, that the General Assembly shall not grant any peti- tion for divorce or pass any retrospective laws impairing vested rights, but shall pass laws to prevent trusts and com- binations from affecting the real value of an article, and pro- viding that no estate shall be given except to persons in being or their immendiate issue. The resolution was referred to the committee of the whole. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 183 Convention Resolution 'No. 179. Mr. "Walsh of Ansonia introdnced a resolution adding to tlie Bill of Rights a pro- vision that no person shall be punished for the violation of certain injunctions concerning abstaining from labor until convicted by a jury of the county. The resolution was referred to the committee of the whole. Convention Resolution No. 180. Mr. Osborn of New Haven introduced a resolution declaring that the equality of all persons before the law shall forever remain inviolate with- out distinction on account of race or color. The resolution was referred to the committee of the whole. Convention Resolution ISTo. 181. Mr. Osborn of New Haven introduced a petition of Charles S. Hamilton and forty-three other attorneys of New Haven in favor of Conven- tion Resolution No. 172, providing that the right of trial by jury shall extend to all hearings in damages, at the request of either party. The resolution was referred to the committee of the whole. Convention Resolution No. 182. Mr. Gallup of Water- ford introduced a petition of A. P. Tanner and fourteen other attorneys of New London in favor of Convention Resolution No. 172, concerning trial by jury. The resolution was referred to the committee of the whole. Convention Resolution No. 183. Mr. Waller of New London introduced a petition of Lucius Brown and eight other attorneys of NorAvich in favor of Convention Resolu- tion No. 172, concerning trial by jury. The resolution was referred to the committee of the whole. Mr. Warner of Salisbury moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 12.50 o'clock P. M., went into committee of the whole. COMMITTEE OF THE WHOLE. The committee was called to order at 12.51 o'clock P. M., Chairman Perrv in the Chair. 184 JOURNAL OF THE COXSTITUTIONAL COXVEXTIOX. The Chairman stated that the business before the com- mittee was the motion of Mr. "Waller of Xew London to amend Section 21 of the Declaration of Rights, bj Conven- tion Resolution ISTo. 172 (see Convention Journal, March 6th), a resolution providing that a committee of nine be ap- pointed to report an article or section of the Constitution to this Convention for its consideration providing that the right of trial by jury shall remain inviolate and shall extend to all hearings in damages in actions at law at the request of either party. The motion to amend was discussed by Mr. Dempsey of Danbury. [Mr. Etheridge of Thomaston in the Chair.] The motion to amend was further discussed by Messrs. Dempsey of Danbury, Brown of iSTorwich, Smith of Win- chester, Redfield of Famiington, Pelton of Clinton, jSTorth- rop of Middletown, Davenport of Bridgeport, Guilfoile of Waterbury, Osborn of iSTew Haven, and Merritt of Stamford. Mr. Davenport of Bridgeport, at 3.24 o'clock P. M., moved that the committee of the whole rise, report progress, and ask leave to sit again. The motion prevailed. Tuesday afternoon, March 11, 1902. The Convention was called to order at 3.25 o'clock P. M., the President in the Chair. Mr. Etheridge of Thomaston, as chairman pro tempore of the committee of the whole, reported that the committee had met, considered the subject referred to it, and risen, after in- structing him to report progress, and ask leave to sit again. The report was accepted, and the request granted. JOTJKXAL OF THE CONSTITUTIOXAL CONVENTION. 185 CONVENTION RESOLUTION. Convention Eesoliition Xo. 184. Mr. Perrv of Fairfield introduced a resolution providing that the Messengers shall neither place nor permit to be placed upon the desks of dele- gates anv written or printed matter without the direction or knowledge of the Clerk or the Assistant Clerk. The resolution was discussed by Messrs. Perry of Fair- field and Smith of Winchester. The resolution was passed. On motion of Mr. Davenport of Bridgeport, the Conven- tion, at 3.28 o'clock P. M., adjourned, to meet on Wednesday, at 11 o'clock A. M. 186 JODKXAL OF THE CONSTITUTIONAL CONVENTION. Wednesday, March 12, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Eev. Charles H. Smith of Plymonth. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Redfield, Loomis, Maltbie, Miller, Cheney, Cooley, Vance, Churchill, Condell, Havens, Bart- lett, Holcomb, Sperry, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. ^ew Haven Connty. — Messrs. Osborn, Gnilfoile, D. T. Walsh, A. D. Waraer, S. E. Woodward, Eisk, A. E. Smith, McMahon, Stevens, Griswold, Webb, Meigs, Lines, Wallace, Ford, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Rns- sell, Kendrick, Upson, Bishop. jSTew London Connty. — Messrs. Waller, F. T. Brown, Miner, Bnell, Chipman, King, A. M. Brown, Bailey, I. Gil- lette, Allyn, Bromley, Raymond, Killeen, J. E. Brown, Huntington, Erink, Morgan, Riley, Hinckley, E. B. Gallup, C. A. Gallup. Eairfield County. — Messrs. Davenport, Dempsey, Wood- man, E. H. ^Northrop, Bell, Jennings, Perry, R. J. Walsh, Whitlock, Shelton, Mead, Wanzer, C. H. Northrop, A. B. Woodward, Sanford, Barnes, Merritt, Stagg, 0. Hall, Gor- ham, Wakeman, Chichester. Windham County. — Messrs. Boss, Bugbee, Eitts, Evans, L. JST. Clark, Groesbeck, Latham, Bumham, Somes, Milner, Elliott, Waldo, Hunt, Chandler, Bowen. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 187 Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Beldeu, J. H. Smith, Kellogg, Wright, Ely, Beardsley, Whittlesey, J. F. Smith, O^Connor, C. H. Smith, Crofut, D. T, Warner, Etheridge, Strong, Brinsmade, Wool- son, Curtiss. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Markham, Brothwell, Pelton, Coe, Hubbard, Purple, Blake, Xettletou, Terrill, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. ]Srewcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Keeney, Pinney, Phelps, W. H. Hall. Those absent and not answering to their names w^ere : ISTew Haven County. — Messrs. Merwin, Whittemore. Fairfield County. — Mr. Seymour. Litchfield County. — Messrs. Camp, Kirby, Fyler. Tolland County. — ^Mr. Kinney. Whole number answering, . . . .161 Those absent and not answering, . . . Y OEDER OF THE DAY, 11 O'CLOCK A.M. Convention Resolution ]^o. 174. (See Convention Jour- nal, March 6th.) The report of the committee appointed to draft an article of the Constitution on the question of repre- sentation with an accompanying resolution (Convention Reso- lution Xo. 174), a resolution concerning the Legislative De- partment of the State of Connecticut, recommending the pas- sage of the resolution, was taken from the table on motion of Mr. Maltbie of Granby. Mr. Holcomb of Southington withdrew the substitute reso- lution (Convention Resolution No. 176), (see Convention Journal, March 6th), which he had previously offered as an amendment to the pending resolution. 188 JOURXAL OF THE COXSTITUTIOXAL COX'VEXTIOX, Mr. Maltbie of Granby moved that section 1 of the reso- lution be adopted. The motion prevailed. The following is the section adopted : Section 1. The legislative power of this State shall be vested in two distinct honses or branches; the one to be styled the Senate, the other the House of Repi*esentatives, and both together the General Assembly. The style of their laws shall be: Be it enacted by the Senate and House of Rep- resentatives in General Assembly convened. Mr. Maltbie of Granby moved that Section 2 of the resolu- tion be adopted. The motion was discussed by Messrs. Maltbie of Granby and Perry of Fairfield. The motion prevailed. The following is the section adopted : Sec. 2. There shall be a stated session of the General As- sembly, to be holden at Hartford biennially, on the Wednes- day following the first Monday of the January next succeed- ing the election of its members as now provided by law, and at such other times as the General Assembly shall judge neces- sary; but the person administering the ofHce of Governor may, on special emergencies, convene the General Assembly at said place at any other time. And in case of danger from the prevalence of contagious disease, in said place, or other circumstances, the person administering the ofRce of Gover- nor may, by proclamation, convene said Assembly at any other place in this State. Mr. Maltbie of Granby moved that Section 3 of the resolu- tion be adopted. Mr. Maltbie of Granby moved that when the vote be taken on this motion it be taken by Yeas and jSTays. The motion prevailed. Mr. Griswold of Guilford moved to amend Section 3 by Schedule " A," striking out in line four the words " one JOURNAL OF THE COXSTITUTIOXAL CONVENTION, 189 representative," and inserting in lien thereof the words " two representatives." Mr. Loomis of Glastonbnry moved that the vote on the amendment be taken by Yeas and Xays. The motion prevailed. The amendment was discussed by Messrs. Whittlesey of Morris and Groesbeck of Chaplin. On motion of Mr. Groesbeck of Chaplin, the previons qnes- tion was ordered. The amendment did not prevail. The vote was as follows : Those voting Yea were : Hartford County. — Messrs. Middleton, Miller, Cooley, Bartlett, Bissell, D. E. Phelps. Xew Haven County. — Messrs. Fisk, Stevens, Griswold, Meigs. Xew London County. — Messrs. Miner, I. Gillette, Frink, "Windham County. — Messrs. Fitts, L. 'N. Clark, Groes- beck, Latham, Somes, Elliott, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, J. H. Smith, Kellogg, Wright, J. F. Smith, O'Connor, Curtiss. Middlesex County. — Messrs. G. M. Clark, Hubbard, Purple, Xettleton, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Hawkins, Porter, Storrs, AV. H. Hall. Those voting ISTay were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Grant, Kedfield, Loomis, Maltbie, Cheney, Vance, Churchill, Condell, Havens, Holcomb, Sperry, W. H. Hall, Willard, Healy. 190 JODEXAL OF THE CONSTITUTIONAL COXVEXTIOX. j^ew Haven County. — Messrs. Osborn, Guilf oile, D. T. Walsh, A. D. Warner, S. E. Woodward, A. E. Smith, Mc- Mahon, Webb, Lines, Wallace, Ford, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Russell, Kendrick, Upson, Bishop. ]^ew London County. — Messrs. Waller, Y. T. Brown, Buell, Chipman, King, A. M. Brown, Bailey, Allyn, Brom- ley, Eaymond, Killeen, J. F. Brown, Huntington, Morgan, Eiley, Hinckley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Wood- man, E. H. Northrop, Bell, Jennings, Perry, E. J. AYalsh, Whitlock, Shelton, Mead, Wanzer, C. H. Xorthrop, A. B. Woodward, Sanford, Barnes, Merritt, Stagg, O. Hall, Gor- ham, Wakeman, Chichester. Windham County. — Messrs. Boss, Bugbee, Evans, Burn- ham, Milner, Waldo, Hunt, Chandler. Litchfield County. — Messrs. Hayes, Mallett, Belden, Ely, Beardsley, Whittlesey, C. H. Smith, Crofut, D. T. Warner, Etheridge, Strong, Brinsmade, Woolson. Middlesex County. — Messrs. D. W. jSTorthrop, Markham, Brothwell, Pelton, Coe, Blake, Terrill, W. H. Smith. Tolland County. — Messrs. Newcomb, Skinner, Sumner, Collins, Charter, Keeney, Pinney, Phelps. Those absent and not voting were : New Haven County. — Messrs. Merwin, Whittemore. Fairfield County. — Mr. Seymour. Litchfield County. — Messrs. Camp, Kirby, Fyler. Tolland County. — Mr. Kinney. Whole number voting, ..... 160 Necessary for passage, . . . . .81 Those voting Yea, . . .40 Those voting Nay, . . .120 The motion to adopt Section 3 then prevailed. The vote was as follow's : JOURNAL OF THE CONSTITUTIONAL CONVENTION. 191 Those voting Yea were : Hartford County. — Messrs. Holmes, Dickinson, Loomis, Maltbie, Miller, Coolej, Churchill, Havens, AY. H. Hall, D. E. Phelps. Xew Haven County. — Messrs. Fisk, Stevens, Griswold, Meigs, AYallace, Ford, Hotchkiss, Eussell. Xew London County. — Messrs. Miner, King, A. M. Brown, I. Gillette, Allyn, Bromley, Killeen, Frink, Eiley, E. B. Gallup, C. A. Galiup. Fairfield County. — Messrs. Y'oodman, E. H. Xorthrop, Bell, Mead, Y^anzer, Sanford, Barnes, O. Hall, Gorham, Wakeman. Y^indham County. — Messrs. Fitts, Evans, L. X. Clark, Groesbeck, Latham, Burnham, Somes, Elliott, AYaldo, Hunt, Bo wen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beards- ley, J. F. Smith, O'Connor, C. H. Smith, Crofut, D. T. Y^arner, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. Pelton, Hubbard, Purple, l^ettleton, W. H. Smith, Hale, Post. Tolland County. — Messrs. !N"ewcomb, Sumner, Collins, Hawkins, Charter, Porter, Storrs. Those voting Xay were : Hartford County. — Messrs. C. H. Clark, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, P. S. Bryant, Middleton, Grant, Eedfield, Cheney, Yance, Condell, Bartlett, Holcomb, Sperry, Bissell, Y^illard, Healy. jSTew Haven County. — Messrs. Osbom, Guilf oile, D. T. Walsh, A. D. Y^arner, S. R. Woodward, A. E. Smith, Mc- Mahon, Webb, Lines, Marks, S. J. Bryant, Davis, Wooster, Kendrick, Upson, Bishop. 192 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Xew London County. — Messrs. Waller, F. T. Brown, Buell, Cliipman, Bailey, Raymond, J. F. Brown, Hunting- ton, Morgan, Hinckley. Fairfield Connty. — Messrs. Davenport, Dempsey, Jen- nings, Perry, R. J. Walsh, Wliitlock, Shelton, C. H. North- rop, A. B. Woodward, Merritt, Stagg, Chichester. Windham Connty. — Messrs. Boss, Bngbee, Milner, Chandler. Litchfield County. — Messrs. Hayes, Whittlesey. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Markham, Brothwell, Coe, Blake, Terrill. Tolland County. — Messrs. Skinner, Keeney, Pinney, Phelps, W. H. Hall. Those absent and not voting were : New Haven County. — Messrs. Merw^in, Whittemore. Fairfield County. — Mr. Seymour. Litchfield County. — Messrs. Camp, Kirby, Fyler. Middlesex County. — Mr. L'Hommedieu. Tolland County. — Mr. Kinney. Whole number voting, . . . . .159 Necessary for passage, . . . . .80 Those voting Yea, ... 84 Those voting Nay, . . .75 The following is the section adopted : Sec. 3. The House of Representatives shall consist of electors residing in towns from which they are elected. Every town shall be entitled to send one representative. Mr. Maltbie of Granby moved that Section 4 of the reso- lution be adopted. Mr. Waller of New London moved to amend Section 4 by Schedule " A," to strike out the word " sixty " and insert in lieu thereof the words " not less than seventy-two nor more than eighty-four." JOURNAL OF THE CONSTITUTIONAL CONVENTION. 193 Mr. Waller of Xew London moved that the vote be taken by Teas and ISTays. The motion prevailed. The amendment did not prevail. The vote was as follows : Those voting Yea were : Hartford County. — Messi-s. Pierce, E. S. Gillette, Eed- iield, Maltbie, Churchill, Havens, Bartlett, Bissell, W. H. Hal], D. E. Phelps. K^ew Haven County. — Messrs. Guilfoile, D. T. Walsh, Fisk, McMahon, S. J. Bryant, Hotchkiss. jSTew London County. — Messrs. Waller, Miner, Chipman, Allyn, Bromley, Killeen, Hinckley, C. A. Gallup. " Fairfield County. — Messrs. Dempsey, Sanford. Windham County. — Messrs, Evans, Latham, Waldo. Litchfield County.— Messrs. W. B. Smith, Hayes, J. H. Smith, Kellogg, Ely, Beardsley, O'Connor, C. H. Smith, Erinsmade. Middlesex County. — Messrs. Purple, Hale, Post. Tolland County. — Messrs. Hawkins, Porter. Those voting Xay were : Hartford County. — ^Messrs. C. H. Clark, Holmes,- Jarvis, W. M. Brown, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Loomis, Miller, Cheney, Cooley, Vance, Condell, Holcomb, Sperry, Willard, Healy. Xew Haven County. — Messrs. Osborn, A. D. Warner, S. E. Woodward, A. E. Smith, Stevens, Griswold, Webb, Meigs, Lines, Wallace, Lord, Marks, Davis, Wooster, Eussell, Ken drick, Upson, Bishop. Xew London County. — Messrs. E. T. Brown, Buell, King, A. M. Brown, Bailey, I. Gillette, Eaymond, J. F. Brown, Frink, Morgan, Eiley, E. B. Gallup. Fairfield County. — Messrs. Davenport, Woodman, E. H. c. c— 13 194 JOURNAL OF THE COIS'STITUTIONAL CONVENTION. Xortlirop, Bell, Jennings, Perry, R. J. AValsh, Wliitlock, Slielton, Mead, Wanzer, C. H. Northrop, A. B. Woodward, Barnes, Merritt, Stagg, O. Hall, Gorliam, Wakeman, Chi- chester. Windham Conntj. — Messrs. Boss, Bugbee, Fitts, . L. X. Clark, Groesbeck, Biirnham, Somes, Milner, Elliott, Hunt, Chandler, Bowen. Litchfield County. — Messrs. Beach, Case, Mallett, Belden, Wright, Whittlesey, J. F. Smith, Crofut, D. T. Warner, Eth- eridge. Strong, Woolson, Curtiss. Middlesex County. — Messrs. D. W. i^orthrop, G. M. Clark, Markham, Brothwell, Pelton, Coe, Hubbard, Blake, Nettleton, Terrill, W. H. Smith, L'Hommedieu. Tolland County. — Messrs. JSTewcomb, Skinner, Sumner, Collins, Charter, Storrs, Keeney, Pinney, Phelps, W. H. Hall. Those absent and not voting were : New Haven County. — Messrs. Merwin, Whittemore. New London County. — Mr. Huntington. Eairfield County. — Mr. Seymour. Litchfield County. — Messrs. Camp, Kirby, Fyler. Tolland County. — Mr. Ivinney. Whole number voting, .... 159 Necessary for passage, . . . . .80 Those voting Yea, . . . 43 Those voting Nay, . . . 116 Mr. Clark of Lladdam moved to amend by Schedule " B," striking out the word '' sixty " and inserting in lieu thereof the words '' thirty-six." Mr. Clark of Haddam moved that the vote be taken by Yeas and Nays. The motion did not prevail. JOUENAL OF THE CONSTITUTIONAL CONVENTION. 195 The araendnieiit was discussed bj Mr. Waller of Xew Lon- don. The amendment did not prevail. Mr. Charter of Ellington moved that the Convention take a recess until 2 o'clock p. m. The motion did not prevail. Mr. Fisk of Branford moved to amend by Schedule *' C," striking out of lines nineteen and twenty the words " if found necessary." The amendment did not prevail. ]\rr. Hall of Willington moved to amend by Schedule " D," inserting in line two, after the word " districts " the words " of w'hich the towns of each county shall comprise at least two." The amendment was discussed by Messrs. "Waller of New London, Smith of Winchester, ISTorthrop of Middletown, Clark of Haddam, and Davenport of Bridgeport. Mr. AValler of Xew London moved that the vote be taken by Yeas and ISTays. The motion prevailed. The amendment did not prevail. The vote was as follows : Those voting Yea were : Hartford County.— Messrs. Holmes, P. S. Bryant, Middle- ton, Healy. Xew Haven County. — Messrs. Griswold, Lines, Kendrick, Bishop. ]S^ew London County. — Messrs. Killeen, Huntington. Lairfield County. — Messrs. Bell, Perry, Mead, Wanzer, Merritt. AVindham County. — Messrs. Boss, Bugbee, Burnham, Somes, Milner, Chandler, Bowen. :\Iidd]esex County. — Messrs. D. W. Northrop, G. M. Clark, Coe, Hubbard, L'Hominedieu, Post. 196 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Tolland County. — Messrs. l^ewcomb, Skinner, Sumner, Collins, Hawkins, Porter, Storrs, Keeney, Pinney, Phelps, W. H. Hall. Those voting ISTay were : Hartford County. — Messrs. C. H. Clark, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, Grant, Eed- field, Loomis, Maltbie, Miller, Cheney, Cooley, Vance, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, Bis- sell, W. H. Hall, Willard, D. E. Phelps. iSTew Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, S. R. Woodward, Eisk, A. E. Smith, McMahon, Stevens, Webb, Meigs, Wallace, Ford, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Russell, Upson. ISTew London County. — Messrs. Waller, F. T. Brown, Miner, Buell, Chipman, King, A. M. Brown, Bailey, I. Gil- lette, Allyn, Bromley, Raymond, J. F. Brown, Frink, Mor- gan, Riley, Hinckley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Wood- man, E. H. Northrop, Jennings, R. J. Walsh, Whitlock, Shelton, C. H. Northrop, A. B. Woodward, Sanford, Barnes, Stagg, O. Hall, Gorham, Wakeman, Chichester. Windham County. — Messrs. Fitts, Evans, L. N. Clark, Groesbeck, Latham, Elliott, Waldo, Hunt. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beardsley, Whittlesey, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messre. Markham, Brothwell, Pel- ton, Purple, Blake, Nettleton, Terrill, W. H. Smith, Hale. Tolland County. — Mr. Charter. Those absent and not voting were: New Haven County. — Messrs. Menvin, Whittemore. JOURNAL OF THE CONSTITUTIONAX CONVENTION. 197 Fairfield County. — Mr. Seymour. Litchfield County. — Messrs. Kirby, Fyler. Tolland County. — Mr. Kinney, Whole number voting, . . . . .161 Necessary for passage, . . . . .81 Those voting Yea, .. . .39 Those voting ISTay, . . . 122 Mr. Davenport of Bridgeport moved to amend by Schedule " E," by adding to line 12, after the word " section," the words " but no county or part of a county shall be joined to the whole or a part of another county, and each county shall have at least two Senators." Mr. Waller of New London raised the point of order that the amendment was the same in effect as the provisions of Schedule " D," and was not in order. The President ruled that the point of order was not well taken. Mr. Waldo of Scotland moved to amend the amendment by striking out of it the words " and each county shall have at least two Senators." The amendment did not prevail. The amendment. Schedule " E," did not prevail. Mr. Brown of Norwich moved that the Convention take a recess until 2 o'clock P. M. The motion did not prevail. ]\[r. Davenport of Bridgeport moved that the vote on the adoption of Section 4 be taken by Yeas and Nays. The motion prevailed. The motion to adopt Section 4 prevailed. The vote was as follows: Those voting Yea were : Hartford County. — Messrs. Holmes, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Dickinson, Loomis, Maltbie, 198 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Miller, Cooley, Churchill, Havens, Bartlett, Bissell, W. If. Hall, D. E. Phelps, Healy. jSTew Haven > County. — Messi*s. Guilfoile, D. T. Walsh, Fisk, McMahon, Meigs, AVallace, Ford, Hotehkiss, Eussell. 'New London County. — Messrs. Waller, Miner, Chipman, A. M. Brown, L Gillette, Allyn, Bromley, Raymond, Kil- leen, Huntington, Frink, Morgan, Riley, Hinckley, C. A. Gallup. Fairfield County. — Messrs. Dempsey, Shelton, Sanf ord, Barnes, Stagg, Gorham. Windham County. — Messrs. Bugbee, Fitts, Evans, Groesbeck, Burnham, Somes, Elliott, "Waldo, Hunt, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beardsley, Whittlesey, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. Pelton, Coe, Hubbard, Purple, Nettleton, Terrill, W. H. Smith, Hale, L'Homme- dieu, Post. Tolland County. — Messrs. ISTewcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Keeney, Phelps, W. H. Hall. Those voting Nay were : Hartford County. — Messrs. C. H. Clark, Sears, P. S. Bryant, Middleton, Grant, Cheney, Vance, Condell, Hol- comb, Sperry, Willard. New Haven County. — Messrs. Osborn, A. D. Warner, S. R. Woodward, A. E. Smith, Stevens, Griswold, Webb, Lines, Marks, S. J. Bryant, Davis, Wooster, Kendrick, Upson, Bishop. New London County. — Messrs. F. T. Brown, Buell, King, Bailey, J. F. Brown, E. B. Gallup. Fairfield County. — Messrs. Davenport, Woodman, E. H. JOUHNAL OF THE CONSTITUTIONAL CONVENTION. 199 Northrop, Jennings, Perry, R. J. Walsli, Mead, Wanzer, C. H. Northrop, A. B. Woodward, Merritt, O. Hall, Wakeman, Chichester. AVindham County. — Messrs. Boss, L. IST. Clark, Milner, Chandler. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Markham, Brothwell, Blake. Tolland County. - — Mr. Pinney. Those absent and not voting were : Hartford County. — Mr. Eedfield. New Haven County. — Messrs. Mei^win, "Whittemore. Fairfield County. — Messrs. Bell, Whitloek, Seymour. Windham County. — Mr. Latham. Litchfield County. — Messrs. Kirby, Pyler. Tolland County. — Mr. Kinney. Whole number voting, ..... 157 Necessary for passage, . . . . .79 Those voting Yea, ... 101 Those voting Nay, . . .56 Following is the section adopted : Sec. 4. The Senate shall consist of sixty members chosen by districts. One Senator shall be elected from each district, who, at the time of such election, shall be an elector in such district. The General Assembly, at the session held next after the adoption of this Constitution by the people, shall divide the State into sixty districts for the choice of Senators, which dis- tricts shall always be composed of contiguous territory, and in forming them regard shall be had to population in the sev- eral districts, that the same may be as nearly equal as possible under the limitations of this section. No town shall be divided unless for the purpose of forming more than one district wholly within such town. The dis- 200 JOURNAL OF THE CONSTITUTIONAL CONVENTION. tricts when established as herein provided shall continue the same until the session of the General Assembly next after the completion of a census of the United States, which General Assembly shall have power to alter the same, if found neces- sary, to preserve a proper equality of population in each dis- trict, but only in accordance with the principles herein recited, after which said districts shall not be altered, except at a ses- sion of the General Assembly next after the completion of a census of the United States, and then only in accordance with the principles hereinbefore provided. On motion of Mr. Healy of Windsor Locks, the Convention, at 1 o'clock P. M., took a recess until 2 o'clock P. M. Wednesday afternoon, March 12, 1902. The Convention was called to order at 2 o'clock P. M., the President in the chair. Mr. Maltbie of Granby moved that sections 5 and 6 of Convention Eesolution 'No. 174 be adopted. Mr. Perry of Fairfield moved to amend Section 5 by strik- ing out in line two the words " for the time being." Mr. Maltbie of Granby accepted the amendment. The motion was discussed by Messrs. Pierce of Bristol, Warner of Salisbury, and Perry of Fairfield. The motion to adopt Section 5 as amended and Section 6 prevailed. Following are the sections as amended : Sec. 5. The treasurer, secretary, and comptroller shall canvass the votes for senators publicly. The person in each district having the greatest number of votes for senator shall be declared to be elected for such district; but in case no choice is made by the electors in any district in consequence JOURNAL OF THE CONSTITUTIONAL CONVENTION, 201 of an equality of votes, the House of Representatives shall designate, by ballot, which of the candidates having such equal number of votes shall be declared to be elected. The retui-n of votes and the result of the canvass shall be submit- ted to the House of Eepresentatives, and also tO' the Senate, on the first day of the session of the General Assembly; and each house shall be the final judge of the election returns and qualifications of its own members. Sec. 6. A general election for governor, lieutenant-gov- ernor, secretary, treasurer, comptroller, and members of the General Assembly shall be held on the Tuesday after the first Monday of Xovember, biennially, as now provided by law, and for such other officers as are herein and may be here- after prescribed. The General Assembly shall have power to enact laws regulating and prescribing the order and man- ner of voting for said officers, and also providing for the elec- tion of representatives at some time subsequent to the Tues- day after the first Monday of JSTovember in all cases when it shall so happen that the electors in any town shall fail on that day to elect the representative to which such town shall be by law entitled. Mr. Maltbie of Granby moved that Section 7 of the Reso- lution be adopted. Mr. Maltbie of Granby moved to amend by Schedule " A." The amendment was discussed by Messrs. Perry of Fair- field, Loomis of Glastonbury, Sperry of South Windsor, Bry- ant of East Hartford, and Warner of Salisbury. The amendment prevailed. Following is the amendment : Schedule " A." Insert after the word " be " in the eleventh line the words " mailed or." Strike out of line eleven the word " either." Strike out of lines twelve, thirteen, and fourteen the fol- 202 .TOURXAL OF THE COXSTITUTIOXAL COXVEXTIOX. lowing words " or to the sheriff of the county in which said town is situated, which list shall be directed to the secretary." And strike out all of said section after the word ** thereof " in the fifteenth line. Mr. Bryant of East Hartford moved to amend by Schedule •• B." The amendment was discussed by !Messrs. Bryant of East Hartford and Maltbie of Granby. Tlie amendment prevailed. EoUowing is the amendment: Schedule '' B." '* After the word meeting in the fifth line add ' but the word ballot shall be construed to cover any form or method of voting authorized by law.' " The motion to adopt Section 7 was discussed by Mr. Wal- ler of Xew London. The motion as amended then prevailed. Eollowing is the section as amended : Sec. 7. At the general election for State officers and members of the General Assembly, the presiding officers shall receive the votes of the electors, which shall be by ballot, either "UTitten or printed, and count and declare them in open meeting, but the word ballot shall be construed to cover any form or method of voting authorized by law. The presiding officei^ shall also make duplicate lists of the persons voted for, and of the number of votes for each, which shall be certified by the presiding officers; one of which lists shall be delivered to the town clerk, and the other, within ten days after said meeting, shall be mailed or delivered, imder seal, to the secre- tary, with a superscription expressing the purport of the con- tents thereof. Mr. Maltbie of Granby moved that Sections S, 9. 10, 11, 12. and 13 be adopted. The motion prevailed. JOURNAL OF THE CONSTITUTIONAL COITTEimON, 203 Following are the sections as adopted: Sec. 8. The members of the General Assembly shall hold their offices for two years from the Wednesday following the first Monday of the January next succeeding their election, and until their successors are duly qualified. Sec. 9. The House of Kepresentatives, when assembled, shall choose a speaker, clerk, and other officers. The Senate shall choose its clerk and other officers, except the president. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members in such man- ner and under such penalties as each house may prescribe. Sec. 10. Each house shall determine the rules of its own proceedings, punish members for disorderly conduct, and with the consent of two-thirds expel a member, but not a second time for the same cause ; and shall have all other powers neces- sary for a branch of the legislature of a free and independent State. Sec. 11. Each house shall keep a journal of its proceed- ings, and publish the same when required by one-fifth of its members, except such parts as, in the judgment of a majority, require secrecy. The yeas and nays of the members of either house shall, at the desire of one-fifth of those present, be en- tered on the journals. Sec. 12. The Senators and Eepresentatives shall, in all cases of ciyil process, be privileged from arrest during the ses- sion of the General Assembly, and for four days before the commencement and after the termination of any session thereof. And for any speech or any debate in either house they shall not be questioned in any other place. Sec. 13. The debates of each house shall be public, ex- cept on such occasions as, in the opinion of the house, may require secrecy. Mr. Maltbie of Granby moved that Section 14 be adopted. Mr. Loomis of Glastonbury moved to amend by Scliednle " A." 204 JOURXAL OF THE CONSTITUTIONAL CONVENTION. The amendment was discussed by Messrs. Loorais of Glas- tonbury, Waller of ISTew London, Clark of Haddam, Smith of Winchester, Charter of Ellington, Pierce of Bristol, and Bryant of East Hartford. On motion of Mr. Bryant of East Hartford, the previous question was ordered. Mr. Brown of jSTorth Stonington moved that the vote be taken by Yeas and Nays. The motion prevailed. The amendment prevailed. The vote was as follows: Those voting Yea were : Hartford County. — Messrs. C. H. Clark, Holmes, W. M. Brown, Pierce, E. S. Gillette, Dickinson, P. S. Bryant, Mid- dleton. Grant, Loomis, Miller, Cheney, Cooley, Churchill, Bartlett, Holcomb, Sperry, Bissell, W. H. Hall, Willard, Healy. New Haven County. — Messrs, Guilfoile, D. T. Walsh, A. D. Warner, Fisk, A. E. Smith, McMahon, Lines, Wallace, Marks, S. J. Bryant, Davis, Kendrick. New London County. — Messrs. Waller, Miner, Chipman, King, Bailey, I. Gillette, Bromley, Huntington, Frink, Mor- gan, Riley, C. A. Gallup. Eairfield County. — Messrs. Davenport, Dempsey, Jen- nings, R. J. Walsh, Shelton, Mead, Wanzer, C. H. Northrop, Sanford, Barnes, Stagg, Gorham, Wakeman, Chichester. Windham County. — Messrs. Boss, Evans, L. N. Clark, Groesbeck, Latham, Milner, Elliott, Waldo, Hunt,. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Belden, J. H. Smith, Ely, Beardsley, Whittlesey, J. F. Smith, O'Connor, Camp, Crofut, Etheridge. Middlesex County. — Messrs. D. W. Northrop, Markham, Pelton, W. H. Smith, Hale. Tolland County. — Messrs. Sumner, Collins, Hawkins, Keeney, Pinney, Phelps. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 205 Those voting ISTaj were : Hartford County. — Messrs. Jarvis, Sears, Maltbie, Vance, Condell, Havens, D. E. Phelps. New Haven Count3\ — Messrs. Osborn, S. R. Woodward, Stevens, Griswold, AVebb, Ford, Wooster, Russell, Upson. Xew London County. — Messrs. F. T. Brown, Buell, Ray- mond, J. F. Brown, E. B. Gallup. Fairfield County. — Messrs. Woodman, E. H. ISTorthrop, Perry, Whitlock, A. B. Woodward, Merritt, O. Hall. Windham County. — Messrs. Fitts, Bumham, Somes, Chandler, Bowen. Litchfield County. — Messrs. Mallett, Kellogg, Wright, C. H. Smith, D. T. Warner, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. G. M. Clark, Brothwell, Coe, Hubbard, Purple, Blake, Xettleton, Terrill, L'Homme- dieu. Post. Tolland County. — Messrs. Newcomb, Skinner, Charter, Porter, Storrs. Those absent and not voting were : Hartford County. — Mr. Redfield. New Haven County. — Messrs. Meigs, Merwin, Whitte- more, Hotchkiss, Bishop. New London County. — Messrs. A. M. Brown, Allyn, Kil- leen, Hinckley. Fairfield County. — Messrs. Bell, Seymour. Windham County. — Mr. Bugbee. Litchfield County. — Messrs. Kirby, Fyler. Tolland County. — Messrs. Kinney, W. H. Hall. Whole number voting, . Necessary for passage, . Those voting Yea, Those voting Nay, 150 76 93 57 206 JOUKXAL OF THE CONSTITUTIONAL CONVENTION. Following is the amendment: Schedule " A." In Section 14, line two, strike out the word " three," insert in lien thereof the word "' five." ]Vlr. Spen-y of South Windsor moved to amend by Sched- ule " B." The amendment was discussed by Mr. Sperry of South Windsor. Mr. Maltbie of Granby accepted the amendment. Following is the amendment : Schedule ^^B." In Section 14, line three, strike out the words '' comptrol- ler shall," insert in lieu thereof the words " General Assembly may." In line seven, after the word " home," insert the word " station." The motion to adopt Section 14, as amended, prevailed. The following is the section as amended : Sec. 14. The compensation of members of the General Assembly shall not exceed five hundred dollars for the term for Avhich they are elected. The General Assembly may provide for each member or member elect of the General As- sembly transportation by public conveyance, by the most con- venient route, between Hartford and his home station during the session of the General Assembly next to be held or then current. Mr. Maltbie of Granby moved that the entire resolution, as amended, comprising Article Third of the Constitution, be adopted. Mr. Maltbie of Crranby moved that the vote be taken by Yeas and ISTays. The motion for the Yeas and Nays prevailed. The vote was as follows : JOUKXAL OF THE CONSTITUTIONAL CONVENTION. 207 Those voting Yea were : Hartford County. — Messrs. Holmes, Dickinson, Looniis, Maltbie, Miller, Cooley, Churchill, Havens, W. H. Hall, D. E. Phelps. j^ew Haven County. — Messrs. Fisk, Stevens, Griswold, Meigs, Wallace, Ford, Hotchkiss, Russell. Xew London County. — Messrs. Miner, Chipman, King, I. Gillette, Bromley, Frink, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Woodman, Wanzer, Sanford, Barnes, O. Hall, Gorham, Wakeman. Windham County. — Messrs. Fitts, Evans, L. IN". Clark, Groesbeck, Latham, Burnham, Somes, Elliott, Waldo, Hunt, Bo wen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Wright, Ely, Beards- ley, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. Pelton, Hubbard, Purple, Xettleton, W. H. Smith, Hale, Post. Tolland County. — Messrs. ISTewcomb, Sumner, Collins, Hawkins, Charter, Porter, Storrs. Those voting !N"ay were: Hartford County. — Messrs. C. H. Clark, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, P. S. Bryant, Middleton, Grant, Cheney, Vance, Condell, Bartlett, Holcomb, Sperry, Bissell, Willard, Healy. New Haven County. — Messrs. Osborn, Guilfoile, D. T. AValsh, A. D. Warner, S. E. Woodward, A. E. Smith, Mc- ]\Iahon, Webb, Lines, Marks, S. J. Bryant, Wooster, Ken- drick, L^pson. Xew London County. — Messrs. Waller, F. T. Brown, Buell, Bailey, J. F. Brown, Huntington, Morgan. Fairfield County. — Messrs. Dempsey, E. H. Xortlirop, 208 JOUKNAL OF THE CONSTITUTIONAL CONVENTION, Jennings, Perry, E. J. Walsh, Whitlock, Slielton, C. H. Xorllirop, A. B. Woodward, Merritt, Chichester. Windham County. — Messrs. Boss, Milner, Chandler. Litchfield County. — Messrs. Kellogg, Whittlesey. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Markham, Brothwell, Coe, Blake, Terrill, L'Homme- dieu. Tolland County. — Messrs. Skinner, Keeney, Pinney, Phelps. Those absent and not voting were : Hartford County. — Mr. Eedfield. i^ew Haven County. — Messrs. A. E. Smith, Merwm, AVhittemore, Davis, Bishop. Xew London County. — Messrs. A. M. Brown, Allyn, Ray- mond, Killeen, Piley, Hinckley. Fairfield County. — Messrs. Davenport, Bell, Seymour. Windham County. — Mr. Bugbee. Litchfield County. — Messrs. Kirby, Fyler. Tolland County. — Messrs. Kinney, W. H. Hall. Whole number voting, ..... 145 ISTecessary for passage, under Rule 19, . . 85 Those voting Yea, . . .79 Those voting Nay, . . .66 Paired: Mr. Mead of New Canaan, with Mr. Stagg of Stratford. Mr. Brown of Norwich raised the point of order that under Convention Rule 19, neither the whole nor any part of a proposed C'onstitution shall be adopted except by a majority of all the delegates elected and sworn, and that the Article not having received eighty-five votes was not adopted. The President ruled that the point of order was well taken, and that, under the provisions of Rule 19, he could not de- clare the article adopted. JOURI^AL OF THE CONSTITUTIONAL CONVENTION. 209 ]\rr. Waller of J^ew London raised the point of order that it was the duty of the President, if a qiiorum be present, to de- clare any vote carried for which a majority of those present had voted. The President ruled that he was bound by the Rule of the Convention. Mr. Warner of Salisbury moved to reconsider the vote on Article Third, and that it be made the order of the day for Thursday, March 13th, at 11.30 o'clock A. M. Mr. Perry of Fairfield raised the point of order that a mo- tion to reconsider was not in order unless a vote had been passed to be reconsidered, or if the motion to adopt had not prevailed, Mr. Warner of Salisbury was not in the majority vote of the Convention and could not move to reconsider. The President ruled that the vote had not prevailed, and the motion to reconsider made by Mr. Warner of Salisbury was not in order, for the reason that Mr. Warner of Salisbury was not in the majority vote. Mr. Waller of New London moved to reconsider the vote on Article Third, and that the motion to reconsider be made the order of the day for Thursday, March 13th, at 11.30 o'clock A. M. The motion prevailed. On motion of Mr. Bryant of East Hartford, the Conven- tion, at 3.50 o'clock P. M., adjourned, to meet on Thursday, at 11 o'clock A. M. c C.-14 210 JOURNAL OF THE CONSTITUTIONAL COXVENTION. Thursday, March 13, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Rev. William Martin Brown of Bloomfield. The Clerk proceeded to call the roll of the Convention. Those i^resent and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, ^Y. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Redfield, Loomis, Maltbie, Miller, Cheney, Cooley, Vance, Churchill, Condell, Havens, Bartlett, Hol- comb, Sperry, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. New Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, S. R. Woodward, Fisk, A. E. Smith, McMahon, Stevens, Griswold, Webb, Meigs, Lines, Wallace, Merwin, Ford, Marks, S. J. Bryant, Hotchkiss, Wooster, Russell, Kendrick, Upson, Bishop. ISTew London County. — Messrs. Waller, F. T. Brown, Miner, Buell, King, A. M. Brown, Bailey, I. Gillette, Brom- ley, Raymond, Killeen, J. F. Brown, Huntington, Frink, Morgan, E. B. Gallup, C. A. Gallup. Fairfield County. — Messi*s. Davenport, Woodman, E. H. IsTorthrop, Bell, Jennings, Perry, R. J. Walsh, Shelton, Mead, Wanzer, C. H. Xorthrop, A. B. Woodward, Sanford, Barnes, Merritt, Stagg, O. Hall, Gorham, Wakeman, Chichester. Windham County. — Messrs. Boss, Fitts, Evans, L. K". Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Hunt, Chandler, Bowen. JOUEXAL OF THE CONSTITUTIONAL CONVENTION. 211 Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Kellogg, "Wright, Ely, Beardsley, Whittlesey, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. D. W. Xorthrop, G. M. Clark, Brothwell, Pelton, Coe, Hubbard, Purple, Blake, ISTet- tleton, Terrill, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Xewcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Keeney, Pinney, Phelps. Those absent and not answering to their names were : Hartford County. — Mr. Jarvis. Xew Haven County. — Messrs. AYhittemore, Davis. jSTew London County. — Messrs. Chipman, Allyn, Riley, Hincklej'. Fairfield County. — Messrs. Dempsey, Whitlock, Sey- mour. Windham County. — Mr. Bugbee. Litchfield County. — Messrs. Kirby, Fyler. Middlesex County. — Mr. Markham. Tolland County. — Messrs. Kinney, W. H. Hall. Whole number answering, . . . .153 Those absent and not answering, . . .15 Mr. Waller of Xew London moved that the Convention reconsider its action- on Section l-i of Article Third of the Constitution, concerning salaries of members of the General Assembly. The motion was discussed by Messrs. Waller of New Lon- don, Fisk of Branford, Sperry of South Windsor, and Clark of Haddam. 212 JOUKXAL OF THE CONSTITUTIONAL CONVENTION. Mr. Waller of Xew London, by unanimous consent, with- drew his motion. Mr. Loomis of Glastonbury moved that the delegate from Litchfield be authorized to have his vote recorded on the adoption of Section 3 of Article Third, a vote on which was taken on the preceding day (see Convention Journal, March 12th). Mr. Brown of Norwich raised the point of order that the motion came too late. The President ruled that the motion was in order. Mr. Pierce of Bristol moved to amend the motion by add- ing thereto the words " and that any other delegate whose vote was not recorded be also so authorized." Mr. Huntington of Old Lyme raised the point of order that it now being 11.30 o'clock A. M., no motion could be acted upon until the Order of the Day was disposed of. The President ruled that the point of order was well taken. ORDEK OF THE DAY, 11.30 O'CLOCK A. M. The President stated that the question before the Con- vention was the motion of Mr. Waller of ISTew London to reconsider the vote on Article Third, which had been made the Order of the Day for 11.30 o'clock A. M. The pending motions w^ere accordingly not acted upon. The motion to reconsider w^as discussed by Mr. Collins of Columbia. The motion to reconsider prevailed. Mr. Maltbie of Granby moved that the Convention adopt Sections 1, 2, and 3 of Article Third (Convention Resolution jSTumber 1T4) as part of the proposed Constitution. The motion was discussed by Messrs. Maltbie of Granby and Waller of ISTew London. Mr. Perry of Fairfield raised the point of order that as the Convention had already acted on the several sections separ- JOURNAL OF THE CONSTITUTIONAL CONVENTION. 213 ately the motion to again vote on the sections was not in order. At the suggestion of the President Mr. Maltbie of Granby withdrew his motion. Mr. Webb of Hamden raised the point of order that a motion to adopt the entire Article Third having been pre- sented, passed upon, and now reconsidered, that the passage of the original motion was the question before the Convention for immediate vote. The President ruled that the reconsideration carried the motion back to the point where the motion was made. Mr. Perry of Pairfield raised the point of order that as no motion to reconsider the action of the Convention on the separate sections of Article Third had been made, a motion to act on separate sections w^as not in order. The President ruled that the point of order was not well taken, stating that no rule which he was conscious of forbids the Convention to vote more than once on the same subject. Mr. Waller of New London moved that the Convention adopt all of Article Third except the last section (Section 14). Mr. Waller of Xew London withdrew his motion. The parliamentary situation was discussed, under privilege, by Messrs. Warner of Salisbury, Bryant of East Hartford, and Waller of New London. Mr. Waller of New London (by request) moved the adop- tion of Sections 1, 2, and 3 of Article Third. The motion was discussed by Mr. Perry of Fairfield. Mr. Waller of New London withdrew his motion. Mr. Maltbie of Granby moved that the Convention adopt Sections 1, 2, and 3 of Article Third as part of the proposed Constitution. The motion was discussed by Messrs. Hall of West Hart- ford, Bryant of East Hartford, and Fisk of Branford. Mr. Maltbie of Granby moved that the vote be taken by Yeas and Nays. 214 JOURNAL OF THE CONSTITUTIONAL CONVENTION. The motion prevailed. Tlie motion to adopt Sections 1, 2, and 3 prevailed. The vote was as follows : Those voting Yea were : Hartford County. — Messrs. Holmes, Dickinson, Loomis, Maltbie, :Miller, Coolev, Churchill, Havens, Bartlett, W. H. Hall, D. E. Phelps. "New Haven County. — Messrs. Fisk, Stevens, Griswold, Meigs, Wallace, Ford, Hotchkiss, Russell. New London County. — Messrs. Miner, King, A. M. Brown, I. Gillette, Bromley, Killeen, Frink, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Woodman, E. H. K"orthrop, Bell, Mead, Wanzer, Sanford, Barnes, O. Hall, Gorham, Wakeman. Windham County. — Messrs. Fitts, Evans, L. IST. Clark, Groesbeck, Latham, Burnham, Somes, Elliott, Waldo, Hunt, Bowen. Litchfield County. — Messrs. Andrews, W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beardsley, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Etheridge, Strong, Brins- made, Woolson, Curtiss. Middlesex County. — Messrs. Pelton, Hubbard, Purple, Xettleton, W. H. Smith, Hale, Post. Tolland County. — Messrs. Newcomb, Sumner, Collins, Hawkins, Charter, Porter, Storrs. Those voting Kay were : Hartford County. — Messrs. C. H. Clark, W. M. Brown, Pierce, E. S. Gillette, Sears, P. S. Bryant, Middleton, Grant, Redfield, Cheney, Vance, Condell, Holcomb, Sperry, Bissell, Willard, Healy.'^ JOURNAL OF THE CONSTITUTIONAL CONVENTION. 215 ISTew Haven County. — Messrs. Osborn, Giiilfoile, D. T. Walsh, A. ,D. Warner, S. E. Woodward, A. E. Smith, Mc- Mahon, Webb, Lines, Merwin, Marks, S. J. Bryant, Wooster, Kendrick, Upson, Bishop. jSTew London County. — Messrs. Waller, F. T. Brown, Buell, Bailey, Raymond, J. F. Brown, Huntington, Morgan. Fairfield County. — Messrs. Davenport, Jennings, Perry, R. J. Walsh, Shelton, C. H. Northrop, A. B. Woodward, Merritt, Stagg, Chichester. Windham County. — Messrs. Boss, Milner, Chandler. Litchfield County. — Mr. Whittlesey. Middlesex County. — Messrs. D. W. E'orthrop, G. M. Clark, Brothwell, Coe, Blake, Terrill, L'Hommedieu. Tolland County. — Messrs. Skinner, Keeney, Pinney, Phelps. Those absent and not voting were : Hartford County. — Mr. Jarvis. IS'ew Haven County. — Messrs. Whittemore and Davis. Xew London County. — Messrs. Chipman and Allyn. Fairfield County. — Messrs. Dempsey, Whitlock, and Sey- mour. AVindham County. — Mr. Bugbee. Litchfield County. — Messrs. Kirby and Fyler, Middlesex County. — Mr. Markham. Tolland County. — Messrs. Kinney and W. H. Hall. Whole number voting, . . . . .152 J^ecessary for passage, according to Rule 19, 85 Those voting Yea, . . .86 Those voting ISTay, . . .66 Paired : Mr. Riley of Sprague, Mr. Hinckley of Stonington. 216 JOURNAL OF THE CONSTITUTIONAL CONVENTIOX. Mr. Maltbie of Granby moved that all remaining sections, except Section 14 (Sections 4 to 13 inclusive), be adopted as part of the proposed Constitution. Mr. Perry of Fairfield raised the point of order that as no reconsideration of the former action on sections included in the motion, had been had, the motion to adopt them was not in order. The President ruled that the point of order was not well taken. Mr, Maltbie of Granby moved that the vote be taken by Yeas and 'Najs. The motion prevailed. The motion to adopt Sections 4 to 13 inclusive prevailed. The vote was as follows: Those voting Yea were : Hartford County. — Messrs. Holmes, E. S. Gillette, Dick- inson, Loomis, Maltbie, Miller, Cooley, Churchill, Havens, Bartlett, Bissell, W. H. Hall, D. E. Phelps. Is'ew Haven County. — Messrs. D. T. Walsh, Eisk, Mc- Mahon, Griswold, Meigs, Wallace, Eord, Hotclikiss, Kussell. IsTew London County. — Messrs. Waller, Miner, King, A. M. Brown, I. Gillette, Bromley, Raymond, Killeen, Frink, E. B. Gallup, C. A. Gallup. Eairfield County. — Messrs. Woodman, Bell, Shelton, Sanford, Barnes, O. Hall, Gorham. Windham County. — Messrs. Fitts, Evans, L. X. Clark, Groesbeck, Latham, Burnham, Somes, Elliott, Waldo, Hunt, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beardsley, J. E. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Etheridge, Strong, Brinsmade, Wool- son, Curtiss. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 217 Middlesex County. — Messrs. Pelton, Coe, Hubbard, Purple, ISTettletou, Terrill, Hale, Post. Tollaiid County. — Messrs. Newcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Phelps. Those voting ISTay were : Hartford County. — Messrs. C. H. Clark, W. M. Brown, Pierce, Sears, P. S. Bryant, Middleton, Grant, Redfield, Cheney, Vance, Condell, Holcomb, Sperry, Willard, Healy. ISTew Haven County. — Messrs. Osborn, Guilf oile, A. D. Warner, S. R. Woodward, A. E. Smith, Stevens, Webb, Lines, , Marks, S. J. Bryant, Wooster, Kendrick, Upson, Bishop. New London County. — Messrs. F. T. Brown, Buell, Bailey, J. F. Brown, Huntington, Morgan. Fairfield County. — Messrs. Davenport, Jennings, Perry, E. J. Walsh, Mead, Wanzer, E. H. iN^orthrop, A. B. Wood- ward, Merritt, Stagg, Wakeman, Chichester. Windham County. — Messrs. Boss, Milner. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Brothwell, Blake, W. H. Smith, L'Hommedieu. Tolland County. — Messrs. Keeney, Pinney. Those absent and not voting were : Hartford County. — Mr. Jarvis. New Haven County. — Messrs. Merwin, Whittemore, and Davis. New London County. — Messrs. Chipman, Allyn, Eiley, and Hinckley. Fairfield County. — Messrs. Whitlock and Seymour. Windham County. — Messrs. Bugbee and Chandler. Litchfield County. — Messrs. Whittlesey, Kirby, and Fyler. Middlesex County. — Mr. Markham. Tolland County. — Messrs. Kinney and W. H. Hall. 218 JOURNAL OF THE CONSTITUTIONAL CONVENTION, Whole number voting, .... 147 J^ecessarj for passage, according to Rule 19, 85 Those voting Yea, ... 90 Those voting ^ay, ... 57 Paired : Mr. Dempsey of Danbury, who would have voted Yea. Mr. Northrop of ISTewtown, who would have voted ISTay. Mr. Maltbie of Granby moved that Section 14 of Article Third be adopted as part of the proposed Constitution. Mr. Waller of New London moved to amend Section 14 by Schedule " C," striking out lines one, two, and three, and inserting in lieu fliereof the following : " The compensation of members of the General Assembly shall be three hundred dollars, provided that the General Assembly may increase or diminish said compensation." The amendment was discussed by Messrs. Healy of Wind- sor Locks, Bryant of East Hartford, Waller of New London, Loomis of Glastonbury, Smith of Winchester, Skinner of Andover, and Sperry of South Windsor. Mr. Waller of New London moved that the Convention reconsider its action upon Section 14. On motion of Mr. Milner of Plainiield, the previous ques- tion was ordered. The motion prevailed. Mr. Clark of Haddam moved that the Convention take a recess until 2.15 o'clock P. M. The motion did not prevail. Mr. Pierce of Bristol moved to amend Section 14 by Schedule " D," striking out the first sentence thereof and in- serting in lieu thereof the following : " Members of the House of Representatives shall be paid by the several towns such sum as may from time to time be fixed by each town JOURNAL OF THE CONSTITUTIONAL CONVENTION. 219 for itself. Members of the Senate shall be paid by the State such snm as may from time to time be fixed by law, not ex- ceeding five hundred dollars." * The amendment did not prevail. Mr. Waller of New London moved that further consid- eration of Section 14 be postponed, and that the same be hereafter considered in connection with Article Tenth of the Constitution. The motion prevailed. Mr. Perry of Fairfield raised the question if a vote should not be taken on the adoption of Article Third as a whole. The question was discussed by Messrs. Perry of Fairfield, Sperry of South Windsor, Warner of Salisbury, Davenport of Bridgeport, and Brown of Norwich. The President stated that he had previously made no ruling on this point, and that at the present time tliere was no motion before the Convention. Mr. Perry of Fairfield moved to amend Section 3 of Arti- cle Third by Schedule " B," adding thereto the following words : '' except towns having a population of five thousand or over, which shall be entitled to additional representation." The amendment was discussed by Messrs. Northrop of Middletown, Perry of Fairfield, Davenport of Bridgeport, and Maltbie of Granby. Mr. Maltbie of Granby raised the point of order that Sec- tion 3 having been adopted, the motion to amend came too late and was not in order. On motion of Mr. Hall of West Hartford, the Convention, at 1.25 o'clock P. M., adjourned to meet on Tuesday at 12.30 o'clock P. M. 220 JOURNAL OF THE COXSTITUTIOXAL COXVEXTIOX. Tuesday, March 18, 1902. The Convention was called to order at 12.30 o'clock P. M., the President in the Chair. Prayer was offered by the Chaplain, Rev. Charles H. Smith of Plymouth. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Mid- dleton, Grant, Eedfield, Loomis, Maltbie, Miller, Cheney, Cooley, Yance, Churchill, Condell, Havens, Bartlett, Hol- comb, Sperry, Bissell, W. H. Hall, Willard, Healy. IsTew Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, S. R. Woodward, Fisk, A. E. Smith, McMahon, Stevens, Griswold, Meigs, Lines, Wallace, Ford, Davis, Hotchkiss, Wooster, Russell, Kendrick, Upson, Bishop. New London County. — Messrs. Waller, F. T. Brown, Miner, Chipman, King, Bailey, I. Gillette, Allyn, Bromley, Killeen, J. F. Brown, Huntington, Frink, Morgan, Riley, Hinckley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Woodman, E. H. Northrop, Bell, Jennings, Perry, Whitlock, Wanzer, C. H. Northrop, A. B. AVoodward, Sanford, Barnes, Merritt, Stagg, O. Hall, Gorham, Wakeman, Chichester. Windham County. — Messrs. Bugbee, Fitts, Evans, L. N. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Hunt, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beardsley, Whittlesey, J. F. Smith, O'Connor, Camp, C. H. JOURNAL OF THE COKSTITUTIONAL CONVENTION. 221 Smith, Crofiit, D, T. Warner, Etlieridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex Connty. — Messrs. D. W. Northrop, G. M. Clark, Markham, Pelton, Coe, Hubbard, Purple, Blake, Net- tleton, Terrill, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. jSTewcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Keeney, Pinney, Phelps, W. H. Hall. Those absent and not answering to their names were : Hartford County. — Messrs. W. M. Brown, D. E. Phelps. New Haven County. — Messrs. Webb, Merwin, Whitte- more, Marks, S. J. Bryant. jSTew London County. — Messrs. Buell, A. M. Brown, Ray- mond. Fairfield County. — Messrs. Dempsey, E. J. Walsh, Shel- ton, Mead, Seymour. Windham County. — Mr. Boss. Litchfield County. — Messrs. Kirby, Fyler. Middlesex County. — Mr. Brothwell. Tolland County. — Mr. Kinney. Whole number answering, .... 148 Those absent and not answering, . . .20 Mr. Xorthrop of Brookfield moved that the Convention Journal of March 13th be corrected so as to show his name as voting in the afiirmative on Sections 1, 2, and 3 of Article III, instead of absent and not voting. The motion prevailed. The President stated that the question before the Con- vention was the motion made by Mr. Perry of Fairfield to amend Section 3 of Article Third by Schedule " B " (see Convention Journal, March 13th, p. 219). 222 JOmiNAL OF THE C0]S'STITUTI0:N"AL CONVENTIO^^ Mr. Maltbie of Granby had raised the point of order that the motion to amend came too late and was not in order. The point of order was pending when the Convention ad- journed on March 13th. The President ruled that the point of order was well taken, because at the time the amendment was offered, Section 3 was not before the Convention, and hence the amendment was not in order. Mr. Perry of Tairfield moved that the previous question be ordered on the motion of Mr. Maltbie of Granby, that the entire resolution (ISro. 1T4), as amended, comprising Article Third of the Constitution be adopted (see Convention Jour- nal, March 12th, p. 206), claiming that this was the motion reconsidered on March 13th (see Convention Journal, March 13th), and that this motion was now pending, notwithstand- ing action on constituent sections of the Article, since it had not been acted on or withdrawn, and the motions to act on cer- tain sections not being offered in lieu of or as substitutes for this original motion. The President stated that he understood the motions to take action by Sections to carry out the motion reconsidered, and that he saw no distinction between action on Article Third as a whole and the action taken. Mr. Maltbie of Granby stated that he would withdraw the motion made by him and not now acted upon. Mr. Brown of jSTorwich raised the point of order that after a motion had been acted on and reconsidered it was so far in the hands of the Convention that it could not be withdrawn. The President ruled that the withdrawal was in order under Convention Rule 15, and that the point of order was not well taken. CONVENTION RESOLUTIONS. Convention Eesolution K'o. 185. Mr. Pisk of Branford in- troduced a resolution providing that each town may by a ma- JOUKNAL OF THE COJS'STITUTIONAL COIS'VENTIOX. 223 jority vote of its electors, in matters jjertaining to its own territory, exercise equal legislative powers with those vested in and exercised by the General Assembly. The resolution was referred to the committee of the whole. Convention Eesolution l^o. 186. Mr. Davenport of Bridgeport introduced a resolution providing for the division of the State into forty Senatorial and eighty Assembly dis- tricts, according to population, each Senatorial district to elect one Senator and each Assembly district one Repre- sentative. Mr. Davenport of Bridgeport moved that the resolution be tabled. The motion was discussed by Messrs. Groesbeck of Chaplin and Maltbie of Granby. The motion prevailed. Mr. Loomis of Glastonbury moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 1 o'clock P. M., went into committee of the whole. COMMITTEE OF THE WHOLE. The Committee was called to order at 1.02 o'clock P. M., Chairman Perry in the Chair. The Chairman stated that the question before the com- mittee was on the passage of an amendment offered by the delegate from IsTew London to Section 21 of the Declaration of Bights of the present Constitution. Mr. Smith of Winchester moved that further action on the question be postponed until the next meeting of the com- mittee. The motion did not prevail. The motion to amend was then discussed by Messrs. Daven- port of Bridgeport and Warner of Salisbury. 224 JOURNAL OF THE CONSTITUTIONAL CONVENTION. [Mr. Jarvis of Berlin in the Chair.] The motion was further discussed by Mr. Phelps of Vernon. Mr. Maltbie of Granbv moved to amend the amendment by striking out the word " remain " and inserting in lieu thereof the word " be." Mr. Waller of Xew London accepted the amendment. The motion was further discussed by Messrs. Xorthrop of Xewtown, Perry of Pairfield, and Redfield of Farmington. [Chairman Perry in the Chair.] The motion to amend was further discussed by Mr. Sperry of South Windsor. Mr. Waller of New London, at 3.35 o'clock P. M., moved that the committee of the whole rise, report progress, and ask leave to sit again. The motion did not prevail. The pending amendment was further discussed by Mr. Waller of New London. Mr. Warner of Salisbury, at 4.01 o'clock P. M., moved that the committee of the whole rise, report progress, and ask leave to sit again. The motion prevailed. Tuesday afternoon, March 18, 1902. The Convention was called to order at 4.02 o'clock P. M., the President in the Chair. The chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen, after instructing him to report progress, and ask leave to sit again. The report was accepted, and the request granted. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 225 On motion of Mr. Loomis of Glastonbury, the Convention, at 4.02 o'clock P. M., adjourned, to meet on Wednesday, at 1 1 o'clock A. M. c. c. — 15 226 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Wednesday, Marcli 19, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Kev. William Martin Bro-wTi of Bloomfield. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford Connty. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Redfield, Loomis, Maltbie, Miller, Cheney, Cooley, Vance, Chnrchill, Condell, Havens, Bart- lett, Holcomb, Sperry, W. H. Hall, Willard, D. E. Phelps, Healy. iSTew Haven Connty. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Wanier, S. R. Woodward, A. E. Smith, Mc- Mahon, Stevens, Griswold, Meigs, Lines, Wallace, Eord, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Rnssell, Ken- drick, Upson, Bishop. Kew London Connty. — Messrs. Waller, F. T. Brown, Miner, Buell, Chipman, King, Bailey, I. Gillette, Allyn, Bromley, Raymond, Killeen, J. F. Brown, Huntington, Frink, Morgan, E. B. Gallup, C. A. Gallnp. Fairfield Connty. — Messrs. Davenport, E. H. Korthrop, Bell, Jennings, Perry, Whitlock, Shelton, Mead, Wanzer, C. H. Northrop, A. B. Woodward, Sanford, Seymonr, Barnes, Merritt, Stagg, O. Hall, Gorham, Wakeman. Windham Connty. — Messrs. Bngbee, Fitts, Evans, L. N. Clark, Groesbeck, Latham, Bnrnham, Somes, Milner, Elliott, Waldo, Chandler, Bowen. Litchfield Connty. — Messrs. W. B. Smith, Beach, Case, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beards- JOURNAL OF THE CONSTITUTIONAL CONVENTION. 227 ley, Whittlesey, J. F. Smith, O'Connor, C. H. Smith, Crofut, D. T. Warner, Kirby, Etheridge, Strong, Brinsmade, Wool- sou, Curtiss. Middlesex Comity. — Messrs. D. W. Northrop, G. M. Clark, Markham, Brothwell, Pelton, Coe, Hubbard, Purple, Xettleton, Terrill, W. H. Smith, Hale, Post. Tolland County. — Messrs. Skinner, Collins, Hawkins, Charter, Porter, Storrs, Keeney, Pinney, Phelps, W. H. Hall. Those absent and not answering to their names were : Hartford County. — Mr. Bissell. i*^ew Haven County. — Messrs. Fisk, Webb, Merwin, Whittemore. iSTew London County. — Messrs. A. M. Brown, Eiley, Hinckley. Fairfield County. — Messrs. Dempsey, Woodman, K. J. Walsh, Chichester. Windham County. — Messrs. Boss, Hunt. Litchfield County. — Messrs. Hayes, Camp, Fyler. Middlesex County. — Messrs. Blake, L'Hommedieu. Tolland County. — Messrs. Newcomb, Sumner, Kinney. Whole number answering, .... 146 Those absent and not answering, . . ■ . 22 Mr. Perry of Fairfield moved that when the Convention ad- journ on Thursday, it be to meet on Monday, March 24th, at 12.30 o'clock P. M. The motion prevailed. CONVENTlCtN RESOLUTION. Convention Pesolution No. 187. Mr. Osborn of ISTew Haven introduced a resolution against any change in the present Constitution changing or affecting in any manner the present law in regard to hearings in damages upon default or demurrer overruled. 228 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Mr. Osborn of ISTew Haven moved that the resolution be tabled, and the resolution be printed in the Journal. The motion prevailed. The following is the resolution : To Colonel l^orris G. Osborn, Delegate from New Haven to the Constitutional Convention at Hartford : Sir : — We, the undersigned, members of the l^ew Haven County Bar, residing in the City of New Haven, respectfully urge you to do all in your power to prevent any provision being inserted in the proposed Constitution of the State of Connecticut changing or affecting in any manner the present law in regard to hearings in damages upon default or demurrer overruled, and to present this petition to the Convention. Henry Stoddard, Henry C. White, Edward H. Eogers, A. Heaton Robertson, Louis H. Bristol, John W. Bristol, John K. Beach, George D. Watrous, James T. Moran, Edmund Zacher, Benjamin I. Spock, C. T. DriscoU, Arnon A. Ailing, Samuel C. Morehouse, Samuel H. Fisher, Harry G. Day, James E. Wheeler, Leonard M. Daggett, Harry F. Parmelee, John Q. Tilson, John Hillard, Talcott H. Russell, JOURNAL OF THE CONSTITUTIONAL CONVENTION. 229 James Kingsley Blake, Albert T. AVelles, Albert McClellan Matthewson, John W. Edgerton, Henry H. Townsliend, Cbarles K. Bush, Henry G. ISTewton. Mr. Warner of Salisbury moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 12.18 o'clock P. M., went into committee of the whole. COMMITTEE OF THE WHOLE. The Committee was called to order at 12.19 o'clock P. M., Chaii'man Peny in the Chair. The Chairman stated that the question before the com- mittee was on the passage of an amendment offered by the delegate from l^ew London to Section 21 of the Declaration of Rights of the present Constitution, with an amendment thereto which had been offered by the delegate from Granby and accepted by the delegate from I^ew London, and was now a part of the amendment. The motion to amend was discussed by Messrs. Pedfield of Farmington, Sperry of South Windsor, Brown of iSToi-wich, Davenport of Bridgeport, and Waller of ISTew London. The motion to amend did not prevail. [Mr. Hall of West Hartford in the Chair.] Mr. Davenport of Bridgeport moved to amend Section 21 of the Declaration of Eights by the adoption of Convention Resolution ISTo. 62, providing that in certain cases a majority of nine of a jury may return a verdict which may be accepted by the court. Mr. Phelps of Vernon, at 12.55 o'clock P. M,, moved that the committee of the whole take a recess until 2 o'clock P. M. The motion prevailed. 230 JOURNAL OF THE CONSTTTUTIONAL CONVENTIOX. Wednesday afternoon, March 19, 1902. COMMITTEE OF THE WHOLE. The Committee was called to order at 2 o'clock P. M,, Chairman Perry in the Chair. The Chairman stated that the question before the commit- tee was the amendment to Section 21 of the Declaration of Rights, offered by the delegate from Bridgeport. Mr. Woodward of Norwalk moved to amend the amend- ment. Mr. Davenport of Bridgeport accepted the amendment. The motion to amend was then discussed by Messrs. Clark of Haddam, Warner of Salisbury, Davenport of Bridgeport, and Brown of Norwich. The motion to amend did not prevail. Mr. Davenport of Bridgeport moved that Convention Reso- lution jSTo. 182 providing that the General Assembly shall not grant divorces nor pass retrospective laws, nor limit the amount to be recovered for injuries resulting from death, shall be made Section 22 of the Declaration of Rights. Mr. Loomis of Glastonbury raised the point of order that the resolution could not be entertained until Section 21 of the Declaration of Rights was disposed of. The Chairman ruled that the point of order was well taken. Mr. Maltbie of Granby moved that Section 21 of the Declaration of Rights be amended by Convention Resolution No. 64, providing that the right of trial by jury shall remain inviolate, but a default or refusal to plead over after demurrer overruled shall be a conclusive admission of legal liability and of every material fact alleged by the opposing party, ex- cept the extent of his actual loss or damage. Mr. Maltbie amended his amendment by striking out in the JOUKXAL OF THE CONSTITUTIONAL CONVENTION. 231 first line the word " remain," and inserting in lieu thereof the word " be," and by inserting after the word " but " in the second line the words " in actions at law." The motion to amend was discussed by Messrs. Maltbie of Granby, Brown of ISTorwich, Clark of Haddam, Smith of Win- chester, Waller of ISTew London, ISTorthrop of Middletown, and Pierce of Bristol. The motion did not prevail. The motion to adopt Section 21 of the Declaration of Rights then prevailed. Mr. Davenport of Bridgeport moved that Section 22 of Convention Resolution ISTo. 178, providing that the legislature shall not fix any maximum amount of money to be recovered for injuries which result in death, be adopted as Section 22 of the Declaration of Rights. Mr. Loomis of Glastonbury, at 3.58 P. M., moved that the committee of the whole rise, and that the Chairaian be in- structed to report to the Convention the favorable action of the committee on the matters referred to it, and ask leave to sit again. The motion prevailed. Wednesday afternoon, March 19, 1902. The Convention was called to order at 3.59 o'clock P. M., the President in the Chair. The Chairman of the committee of the whole reported that the committee had met, considered the subject referred to it, and risen after instructing him to report favorably certain matters adopted by the committee, and ask leave to sit again. The report was accepted, and the request granted. Mr. Loomis of Glastonburv moved that the Chairman of 232 JOURNAL OF THE CONSTITUTIONA.L CONVENTION. the committee of the whole report to the Convention the action of the committee on the matters referred to it. The motion prevailed. The Chairman of the committee of the whole then reported to the Convention that the committee of the whole had adopted Section 21 of the Declaration of Eights of the present Constitution. On motion of Mr. Loomis of Glastonbury, the report was tabled. Mr. Loomis of Glastonbury gave notice to the Convention that on Thursday he would move a reconsideration of the vote previously passed by the Convention, that when the Conven- tion adjourn on Thursday, it be to meet on Monday, March 24th, at 12.30 o'clock P. M. On motion of Mr. Clark of Haddam, the Convention, at 4.01 o'clock P. M., adjourned, to meet on Thursday, at 11 o'clock A. M. JOrRIs'AJ. OF THE COKSTITUTIONAL" CONVENTION. 233 Thursday, Marct 20, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Rev. Charles H. Smith of Plymouth. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Loomis, Maltbie, Cooley, Vance, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, W, H. Hall, Willard, D. E. Phelps, Healy. Xew Haven County. — Messrs. Osbom, D. T. Walsh, A. D. Warner, S. R. Woodward, Stevens, Griswold, Webb, Meigs, Lines, AVallace, Eord, S. J. Bryant, Davis, Hotchkiss, Wooster, Russell, Kendrick, Upson, Bishop. iSTew London County. — Messrs. Waller, F. T. Brown, Miner, Buell, Chipman, King, A. M. Brown, Bailey, I. Gil- lette, Allyn, Bromley, Raymond, Killeen, J. E. Brown, Hunt- ington, Frink, Morgan, C. A. Gallup. Fairfield County. — Messrs. Davenport, Woodman, E. H. Northrop, Jennings, Perry, Whitlock, Shelton, Wanzer, C. H. Northrop, A. B. Woodward, Sanford, Seymour, Barnes, Merritt, Stagg, O. Hall, Gorham, Wakeman. Windham County. — Messrs. Bugbee, Fitts, Evans, L. N. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Hunt, Chandler, Bo wen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, Belden, J. H. Smith, Kellogg, Wright, Beardsley, 234 JOUR>ML OF THE COXSTITUTIONAL CO]\'VENTIOX. Whittlesey, J. F. Smith, O'Connor, C. H. Smith, Crofnt, D. T. Warner, Kirbv, Etheridge, Strong, Brinsmade, Wool- son, Cnrtiss. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Brothwell, Pelton, Coe, Hubbard, Purple, Nettleton, Terrill, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Newcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Pinney, Phelps, W. H. Hall. Those absent and not answering to their names were : Hartford County. — Messrs. Eedfield, Miller, Cheney, Bissell. ISTew Haven County. — Messrs. Guilf oile, Fisk, A. E. Smith, McMahon, Merwin, Whittemore, Marks. Xew London County. — Messrs. Kiley, Hinckley, E. B. Gallup. Fairfield County. — Messrs. Dempsey, Bell, P. J. Walsh, Mead, Chichester. Windham County. — Messrs. Boss, Waldo. Litchfield County. — Messrs. Hayes, Ely, Camp, Fyler. Middlesex County. — Messrs. Markham, Blake. Tolland County. — Messrs. Keeney, Kinney. Whole number answering, . . . .139 Those absent and not answering, . . .29 CONVENTION RESOLUTION. Convention Resolution ISTo. 188. Mr. Osborn of jS^ew Haven introduced a resolution providing that the Convention take a recess on April 3d for the purpose of engrossing the Constitution to be submitted to the people, and that when the same has been reported and acted upon, the Convention ad- journ sine die. Also raising a committee of five to be ap- pointed by the President to engross the Constitution. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 235 The resohition was discussed by Messrs. Osborn of jSTew Haven, Smith of Winchester, Waller of iSTew London, Daven- port of Bridgeport, and Clark of Haddam. Mr. Smith of Winchester moved that the resolution be tabled. The motion prevailed. Mr. Loomis of Glastonbury moved that the Convention re- consider its action in voting that when the Convention adjourn on Thursday, it be to meet on Monday, March 24th, at 12.30 o'clock P. M. (see Convention Journal, March 19th). The motion to reconsider prevailed'. Mr. Clark of Haddam moved that when the Convention adjourn it be to meet on Tuesday March 25th, at 12.30 o'clock P. M. The President ruled that the provisions of the motion being identical with those of the existing rule, that the mo- tion was not in order. Mr. Loomis of Glastonbury moved that the Preamble and Articles First and Second of the Constitution be made the Order of the Day for Tuesday, March 25th, at 12.30 o'clock P. M. Mr. Brown of jSTorwich raised the point of order that the motion to adjourn to Monday had been reconsidered, and was now before the Convention, and hence the motion of Mr. Loomis of Glastonbury was not in order. The President ruled that the point of order was well taken. The motion to adjourn to Monday was discussed by Messrs. Perry of Fairfield and Clark of Haddam. The motion did not prevail. Mr. Loomis of Glastonbury renewed his motion that the Preamble and Articles First and Second be made the Order of the day for Tuesday, March 25th, at 12.30 o'clock P. M. The motion was discussed by Mr. Perry of Fairfield. Mr. Loomis of Glastonbury withdrew his motion. Mr. Perry of Fairfield moved that the committee of the whole be instructed to report back to the Convention all 236 JOUKNAL OF THE CONSTITUTIONAL CONVENTION. matters referred to it, without further recommendations by the committee regarding them. The motion was discussed by Messrs. Perry of Fairflekl, Davenport of Bridgeport, and Loomis of Glastonbury. Mr. Loomis of Glastonbury moved to amend the motion so that the committee of the whole be instructed to report no further on the Bill of Rights. The amendment was discussed by Messrs. Smith of Win- chester, Hall of West Hartford, Perry of Fairfield, and Hall of Willington. The amendment did not prevail. The motion prevailed. CONVENTION RESOLUTION. Convention Resolution N'o. 189. Mr. Osborn of Kew Haven introduced a resolution providing that a member's right to the floor be restricted to ten minutes, unless the time be extended by unanimous consent, and that no member shall speak twice on the same subject. The resolution was discussed by Messrs. Perry of Fairfield, Smith of Winchester, Vance of New Britain, Bryant of East Hartford, Davenport of Bridgeport, and Osborn of Xew Haven. The resolution did not prevail. Mr. Perry of Fairfield moved that the Convention go into committee of the whole. The motion prevailed, and the Convention, at 12.01 o'clock P. M,, went into committee of the whole. COMMITTEE OP THE WHOLE. The Committee was called to order at 12.02 o'clock P. M., Chairman Perry in the Chair. Mr. Loomis of Glastonbury moved that, pursuant to the instructions of the Convention the Committee report back to the Convention, without further recommendations, all mat- ters referred to the Committee. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 237 Mr. Davenport of Bridgeport raised the point of order that the motion made by him to add Section 22 of Convention Eesohition No. 1Y8 (see Convention Journal, March 19th) to the Bill of Rights, which was before the Committee at the rising of the Committee on March 19th, was still pending, and the motion of Mr. Loomis of Glastonbury was not in order. The Chairman ruled that the direction voted by the Con- vention controls the action of the Committee, and the Com- mittee must report back, without recommendations, all mat- ters before it, including the pending motion, and that the motion to so report back was in order. The motion prevailed. Mr. Loomis of Glastonbury, at 12.04 P. M., moved that the committee of the whole rise, and that the Chairman be instructed to report to the Convention the action qf the Com- mittee on the matters referred to it. The motion prevailed. Thursday afternoon, March 20, 1902. The Convention was called to order at 12.05 P. M., Vice- President Waller in the Chair. The Chairman of the committee of the whole reported that the committee had met, considered the matters referred to it, and risen after instructing him to report back to the Con- vention all matters pending before it, ^^athout recommenda- tion. On motion of Mr. Brown of Norwich, the report was ac- cepted, and the resolutions reported were tabled. Convention Resolution No. 178. (See Convention Jour- iKil, March 19th.) A resolution adding certain provisions to 238 JOURNAL OF THE CONSTITUTIONAL CONVENTION. the Bill of Eights was taken from the table, on motion of ]\Ir. Perry of Fairfield. Mr. Davenport of Bridgeport moved that Section 22 of Convention Kesolntion ISTo. 178 be added to the Bill of Rights, The resolution was discussed by Messrs. Clark of Haddam, Davenport of Bridgeport, Clark of Hartford, Brown of Xov- wich. [The President in the Chair.] The motion was further discussed by Messrs. Bryant of East Hartford, Waller of jSTew London, and Smith of Win- chester. Mr. Davenport of Bridgeport moved that the vote he taken by Yeas and Xays. The motion prevailed. The motion to amend did not prevail. The vote was as follows : Those voting Yea were : Hartford County. — Messrs. P. S. Bryant, Maltbie, Vance, Churchill, Bartlett, Healy. Xew Haven County. ■ — Messrs. Osborn, D. T. Walsh, Rus- sell, Kendrick. !Xew London County. — Messrs. Chipman, Bailey, Killeen. Pairfield County. — Messrs. Davenport, Woodman, Wan- zer, C. H. Xorthrop, Merritt. Windham County. — Messrs. Bugbee, Bowen. Litchfield County. — Messrs. W. B. Smith, Case, Belden, J. H. Smith, O'Connor, Crofut. Middlesex County. — Mr. Hale. Tolland County. — Messrs. Newcomb, Hawkins, W. H. Hall. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 239 Those voting nay were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, E. S. Gillette, Sears, Middleton, Grant, Loomis, Coolej, Condell, Havens, Holcomb, Sperry, W. H. Hall, D. E. Phelps. New Haven County. — Messrs. A. D. Warner, S. E. Woodward, Stevens, Webb, Meigs, Lines, Wallace, Ford, S. J. Bryant, Davis, Hotchkiss, Wooster, Upson, Bishop. Xew London County. — Messrs. Waller, F. T. Brown, Miner, Buell, King, A. M. Brown, I. Gillette, Allyn, Brom- ley, Raymond, J. E. Brown. Fairfield County. — Messrs. E. H. ISIorthrop, Jennings, Perry, Whitlock, Wanzer, Sanford, Seymour, Barnes, Stagg, O. Hall, Gorham, Wakeman. Windham County. — Messrs. Evans, L. IST. Clark, Groes- beck, Latham, Burnham, Somes, Milner, Elliott, Hunt, Chandler. Litchfield County. — Messrs. Beach, Mallett, Beardsley, Whittlesey, J. F. Smith, C. H. Smith, D. T. Warner, Kirby, Etheridge, Strong, Brinsmade, Woolson. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Brothwell, Coe, Purple, Nettleton, Terrill, W. H. Smith, L'Hommedieu, Post. Tolland County. — Messrs. Skinner, Sumner, Collins, Charter, Porter, Storrs, Pinney, Phelps. Those absent and not voting were : Hartford County. — Messrs. Pierce, Dickinson, Eedfield, Miller, Cheney, Bissell, Willard. New Haven County. — Messrs. Guilfoile, Fisk, A. E. Smith, McMahon, Griswold, Merwin, Whittemore, Marks. Xew London County. — Messrs. Huntington, Frink, ]\Ior- gan, Eiley, Hinckley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Dempsey, Bell, E. J. Walsh, Shelton, Mead, A. B. Woodward, Chichester. 240 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Windham Coimty, — Messrs. Boss, Fitts, Waldo. Litchfield County. — Messrs. Hayes, Kellogg, Wright, Ely, Camp, Tyler, Ciirtiss. Middlesex County. — Messrs. Markham, Pelton, Hubbard, Blake. Tolland County. — Messrs. Keeney, Kinney. Whole number voting. . . 122 Necessary for passage. . . 63 Those voting Yea, . 29 Those voting Nay, . 93 Those absent and not voting. 45 Mr. Davenport of Bridgeport moved that the remainder of Convention Kesolution No. 178 be referred to the committee of the whole. The motion did not prevail. Mr. Clark of Haddam, at 1.01 o'clock P. M., moved that the Convention take a recess until 2 o'clock P. M. The motion prevailed. Thursday afternoon, March 20, 1902. The Convention was called to order at 2 o'clock P. M., the President in the Chair. Mr. Loomis of Glastonbury moved that the Preamble and Articles First and Second be made the Order of the Day for Tuesday, March 25th, at 12.30 o'clock P. M. The motion was discussed by Messrs. Etheridge of Thom- aston and Smith of Winchester. Mr. Kendrick of AVallingford moved that the motion be tabled. The motion to table did not prevail. Mr. Loomis of Glastonbury withdrew his motion. JOURNAL OF THE CONSTITrTIO:S'AL CONVENTION. 241 Convention Eesolntion jSTo. 179. See Convention Journal, March lltli.) A resolution adding to the Bill of Eights a provision for trial by jury for violations of injunctions con- cerning labor strikes was taken from the table, on motion of Mr. Walsh of Ansonia. Mr. Walsh of Ansonia moved the adoption of the resolu- tion. The resolution was discussed by Messrs. Walsh of Ansonia, Brown of jSTorwich, Clark of Haddam, jSTorthrop of Middle- town, and Davenport of Bridgeport. Mr. Walsh of Ansonia moved that the vote be taken by Yeas and iN^ays. The motion did not prevail. The resolution was then rejected. Convention Kesolution No. 61. (See Convention Journal, January 14th.) A resolution concerning trial by jury of injunction proceedings concerning labor strikes was taken from the table, on motion of Mr. Walsh of Ansonia. Mr. Walsh of Ansonia moved the adoption of the reso- lution. The resolution was discussed by Messrs. Walsh of Ansonia, Clark of Haddam, and Davenport of Bridgeport. Mr. Walsh of Ansonia moved that the vote be taken by Yeas and ISTays. The motion did not prevail. The resolution was then rejected. On motion of Mr. Holcomb of Southington, the Conven- tion, at 3.40 o'clock P. M., adjourned to meet on Tuesday at 12.30 o'clock P. M. 16 242 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Tuesday, March 25, 1902. The Convention was called to order at 12.30 o'clock P. M., the President in the Chair. Prayer was offered by the Chaplain, Rev. William Martin Brown of Bloomfield. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Redfield, Loomis, Maltbie, Miller, Cooley, Vance, Churchill, Condell, Havens, Bartlett, Hol- comb, Sperry, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. Xew Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, S. E. Woodward, A. E. Smith, McMahon, Stevens, Griswold, Meigs, Lines, Ford, S. J. Bryant, Davis, Hotchkiss, Wooster, Russell, Upson, Bishop. iSI^ew London County. — Messrs. Waller, F. T. Brown, Miner, Buell, Chipman, King, A. M. Brown, Bailey, I. Gil- lette, Allyn, Bromley, Raymond, Killeen, J. F. Brown, Hunt- ington, Frink, Morgan, E. B* Gallup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Woodman, Bell, Perry, Whitlock, Shelton, Wanzer, C. H. Northrop, A. B. Woodward, Sanford, Seymour, Barnes, Stagg, 0. Hall, Wake- man, Chichester. Windham County. — Messrs. Boss, Bugbee, Fitts, Groes- beek, Latham, Buruham, Somes, Milner, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Belden, J. H. Smith, Kellogg, Wright, Ely, Beardsley, Whit- JOURN-AL OF THE CONSTITUTIO]\"AL CONVENTION, 243 tlesev, J. F. Smith, O'Connor, C. H. Smith, Crofiit, D. T. "Warner, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. D. W. i^^oi-throp, G. M. Chirk, Brothwell, Pelton, Coe, Hubbard, Purple, Blake, ISTet- tleton, Terrill, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. ISTewcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Phelps, W. H. Hall. Those absent and not answering to their names were : Hartford County. — Mr. Cheney. ISTew Haven County. — Messrs. A. D. Warner, Pisk, Webb, Wallace, Merwin, Whittemore, Marks, Kendrick. Xew London County. — Messrs. Eiley, Hinckley. Fairfield County. — Messrs. Dempsey, E. H. jSTorthrop, Jennings, K. J. Walsh, Mead, Merritt, Gorham. Windham County. — Messrs. Evans, L. iST. Clark, Hunt. Litchfield County. — Messrs. Hayes, Mallett, Camp, Kirby, Fyler. Middlesex County. — Mr. Markham. Tolland County. — Messrs. Keeney, Pinney, Kinney. Whole number answering, ' . . . .138 Those absent and not answering, . . .30 CONVENTION RESOLUTION. Convention Kesolution No. 188. (See Convention Journal, March 20th.) Providing for final adjournment and raising an engrossing committee, was taken from the table, on motion of Mr. Osborn of Xew Haven. Mr. Osborn of Xew Haven moved that the resolution be adopted. The resolution was discussed by Messrs. Osborn of ISTew Haven, Smith of Winchester, Clark of Haddam, and AYarner of Salisbury. Mr. Osborn of Xew Haven moved that the resolution be 244 JOUEXAL or the coxstitutioxal convextiox. tabled, and made the Order of the Day for Thursday, ^farch 27th, at 11 o'clock A. M. The motion prevailed. Convention Eesoliition Xo. 178. (See Convention Journal, March 20th.) A resolution adding certain provisions to the Bill of Eights was taken from the table, on motion of Mr. Davenport of Bridgeport. Mr. Davenport of Bridgeport moved that Section 23 of the resolution, providing that " the rights of labor shall have just protection through laws calculated to secure to the laborer proper rewards for his services, and to promote the industrial welfare of the State," and that " the legislature shall by ap- propriate legislation see that the provisions of this section are enforced," be added to the Bill of Rights as Section 22. The motion was discussed by Messrs. Davenport of Bridge- port, Warner of Salisbury, Waller of Xew London, and Brown of Norwich. Mr. Brown of j^onvich moved to amend by Schedule "A," as follows : Schedule " A." Strike out all after the enacting clause, and insert in lieu thereof the following : " It is the sense of this Convention that there should be inserted in the Constitution a provision that all men when they form a social compact are equal in rights; that their rights should receive equal and adequate protection by law, and that the General Assembly shall en- force this provision by appropriate legislation." The amendment was discussed by Messrs. Brown of ISTor- wich, Waller of l\evj London, and Davenport of Bridgeport. Mr. Waller of New London moved that the amendment be indefinitely postponed. On motion of Mr. Clark of Haddam, the previous question was ordered. Mr. Waller of New London withdrew his motion. JOUENAL OF THE CO^'STITUTIONAL CONVENTION. 245 Mr. Bryant of East Hartford moved that the vote on the amendment be taken by Yeas and Xays, The motion did not prevaih The amendment did not prevail. ]\[r. Davenport of Bridgeport moved that the vote on the original motion be taken by Yeas and Xays. The motion did not prevail. The motion to add Section 23 to the Bill of Rights did not prevail. Mr. Davenport of Bridgeport moved that Section 24 of Convention Eesolution jSTo. 178 be added to the Bill of Rights as Section 22, as follows: " The General Assembly shall not grant any petition for divorce, or pass any retrospective laws impairing vested rights, but may by general laws authorize courts to carry into effect upon such terms as shall be just and equitable the manifest intention of parties and officers by curing omissions, defects, and errors in instruments and proceedings arising out of the want of conformity with the laws of the State; nor shall it pass any law making irrevocable any grant or special privi- leges or immunities." The motion was discussed by Messrs. Davenport of Bridge- port and Brown of ISTorwich. On motion of Mr. Clark of Haddam, the previous question was ordered. The motion did not prevail, [Mr. AYaller of Xew London in the Chair.] Mr. Clark of Hartford moved that hereafter a member's right to the floor be restricted to ten minutes, unless unani- mous consent is given, and no member shall speak more than once on the same subject. The motion was discussed by Mr. Smith of Winchester. The motion did not prevail. Mr. Davenport of Bridgeport moved that Section 25 of 246 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Convention Resolution Xo, 178 be added to the Bill of Eights, as Section 22, as follows; " It shall be the duty of the General Assembly from time to time, as necessity may require, to enact such laws as may be necessary to prevent all trusts, pools, combinations, or other organizations from contriving to depreciate below its real value any article, or to enhance the cost of any article above its real value." The motion did not prevail. Mr. Davenport of Bridgeport moved that Section 26 of Convention Eesolution Xo. 178 be added to the Bill of Eights as Section 22, as follows: " Xo estate in fee simple, fee tail, or any less estate shall be given by deed or will, to any persons but such as are at the time of the delivery of such deed or death of the testator in being, or to their immediate issue or descendants; and every estate given in fee tail, shall be an absolute estate in fee sim- ple to the issue of the first donee in tail." The resolution was discussed by Mr. Davenport of Bridge- port. On motion of Mr. Clark of Haddam, the previous question was ordered. The motion did not prevail. Convention Eesolution Xo. 180. (See Convention Journal, March 20th.) A resolution concerning the equality of all persons before the law was taken from the table on motion of Mr. Osbom of Xew Haven. Mr. Osborn of Xew Haven moved that the resolution be adopted. The resolution was discussed by Messrs. Osborn of Xevv' Haven and Davenport of Bridgeport. The resolution was then passed unanimously. Following is the resolution : Eesolved by this Convention : The equality of all persons before the law is recognized, JOURNAL OF THE CONSTITUTIONAL CONVENTION. 247 and no citizen shall be deprived of any right, privilege, or immunity, nor exempted from any burden or duty on account of race or color. Convention Resolution jSTo. 67. (See Convention Journal, January 14th.) A resolution concerning issue of bonds by municipalities was taken from the table on motion of Mr. Davenport of Bridgeport. Mr. Davenport of Bridgeport moved to add the resolution to the Bill of Rights. The resolution was discussed by Messrs. Davenport of Bridgeport, j^orthrop of Middletown, and Clark of Haddam. Mr. Perry of Fairfield moved to amend the resolution by Schedule " A," as follows : In line five, after the word " bonds," insert the words '' or other form of indebtedness." Mr. Davenport of Bridgeport accepted the amendment. The resolution was further discussed by Messrs. Pierce of Bristol and Davenport of Bridgeport. The resolution was then passed. The following is the resolution, as amended : Resolved by this Convention : The follomng provision shall be inserted in the Constitu- tion : " The legislature shall not authorize any municipality to issue bonds or debentures for any purpose except to take up an outstanding issue of bonds or other form of indebtedness, unless the act so authorizing such issue shall contain a pro- vision submitting to the qualified electors of such municipality the question whether such issue shall be made or not, and no such issue shall be made unless the same is approved by a majority of the electors so voting thereon." Mr. Osborn of Xew Haven raised the question whether the resolutions just passed should not be so acted on that it would appear of record that the resolutions were adopted by at least eighty-five votes as required by Rule 19. 248 JOURNAL OF THE CONSTITUTIONAL CONVENTION. The question was discussed by Messrs. Brown of Xorwicb, Clark of Hartford, and Perrj of Fairfield. The President pro tempore stated that he did not desire to rule on the question, as the permanent presiding officer of the Convention had previously decided the same question. Mr. Osborn of New Haven moved that the Convention re- consider its action in passing Convention Resolution No. 180 (see Convention Journal, March 25th), resolution concern- ing the equality of all persons before the law. The motion prevailed. Mr. Osborn of New Haven moved that the resolution be adopted as a part of the Constitution. Mr. Skinner of Andover moved to amend by Schedule "A," to add at the end thereof, after the word " color," the words " or sex." The amendment was discussed by Messrs. Skinner of An- dover and Osborn of New Haven. Mr. Skinner of Andover withdrew his amendment. The motion then prevailed by a rising vote. The vote was as follows: Whole number voting, . •. . . .114 Necessary for passage, . . . . .85 Number voting Yes, . . .114 Number voting No, ... The resolution was passed. Mr. Davenport of Bridgeport moved that the Convention reconsider its action in passing Convention Eesolution No. 67 (see Convention Journal, March 25th), a resolution con- cerning issue of bonds by municipalities. The motion prevailed. Mr. Davenport of Bridgeport moved that the resolution be adopted as a part of the Constitution. The motion prevailed by a rising vote. The vote was as follows : JOUKNAL OF THE COICSTITUTIONAL CONVENTION. 249 Whole number voting, ..... 104 Necessary for passage, . . . . .85 j^umber voting Yes, . . .104 ISTiimber voting jSTo, ... [The President in the Chair.] CONVENTION RESOLUTIONS. Convention Resolution 'No. 190. Mr. Waller of New Lon- don introduced a resolution amending the Declaration of Rights by striking out the word " Christian " and inserting in lieu thereof the word " religious." [Mr. Pierce of Bristol in the Chair.] The resolution was discussed by Messrs. Waller of ISTew London, Loomis of Glastonbury, Andrews of Litchfield, and Davenport of Bridgeport. The resolution was passed. The following is the resolution: Resolved by this Convention : That in Section 4 of the Declaration of Rights the word " Christian " should be stricken out and the word " religious " inserted in lieu thereof. [The President in the Chair.] Convention Resolution No. 191. Mr. Peny of Fairfield introduced a resolution appointing a conuuittee to draft and report a Preamble and Declaration of Rights in proper form for submission to the people as a portion of a proposed Con- stitution, in accordance with votes already taken in commit- tee of the whole and in Convention. Mr. Warner of Salisbury moved to amend by Schedule The motion was discussed by Messrs. Warner of Salisbury, Perry of Fairfield, and Waller of New London. Mr. Perry of Fairfield moved to amend the first section of the Bill of Rights as reported by the committee of the 250 JOURNAL OF THE CONSTITUTIONAL CONVENTION. whole by omitting the second " and " in said section, and by adding, at the end of said section, part of Convention Res- olution jSTo. 180, as follows: "and no citizen shall be de- prived of any right, privilege, or immunity, nor exempted from any bnrden or duty, on account of race or color." The President ruled that the amendment was out of order, because Convention Resolution Xo. 180 had previously been adopted by the Convention and could not properly be brought before the Convention except by the Convention reconsider- ing its vote in passing the resolution. The amendment Schedule " A " was then adopted. The resolution as amended was then adopted. The vote was as follows : Whole number voting, . . . .97 Xecessary for passage, . . . .85 Those voting Yea, . . .96 Those voting Nay, ... 1 The resolution as amended was as follows : Strike out all after the enacting clause, and insert in lieu thereof the following : " That the Preamble and Articles One and Tw^o as favorably passed upon by the committee of the whole, and reported to the Convention, be adopted as a part of the proposed Constitution." Convention Resolution Xo. 193. Mr. Sperry of South Windsor introduced a resolution providing that the compensa- tion of members of the General Assembly shall be fixed by law but not exceed five hundred dollars, and until fixed by the General Assembly shall be three hundred dollars; also provid- ing that the General Assembly may provide for transporta- tion of members. On motion of Mr. Sperry of South Windsor, the resolution was tabled for printing. Convention Resolution Xo. 192. Mr. Warner of Salisbury JOURNAL OF THE CONSTITUTIONAL CONVENTION. 251 introduced a resolution adopting Article Four of the present Constitution as part of the proposed Constitution. Mr. Osborn of Xew Haven moved to amend by Schedule " A." Mr. Davenport of Bridgeport moved to amend by Conven- tion Kesolution No. 73, as Schedule " B." The motion was discussed by Messrs. Davenport of Bridge- port, Waller of ISTew London, Warner of Salisbury, Clark of Haddam, Brown of Norwich, and Osborn of New Haven. The motion to amend by Schedule " B " did not prevail. The motion to amend by Schedule " A " did not prevail. Mr. Northrop of Middletown moved to amend by Schedule The motion to amend by Schedule " C " prevailed. The following is the amendment : Schedule " C." In Section two, line fifteen, strike out the words " or to the sheriff, and, etc.," to and including the words " after said elec- tion," in the nineteenth line. On motion of Mr. Brown of Norwich, the Convention, at 4.03 o'clock P. M., adjourned to meet on Wednesday at 11 o'clock A. M. 252 JOURNAL OF THE COXSTITUTIONAL CONVENTION. Wednesday, March 26, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered bv the Chaplain, Eev. Charles H. Smith of Plymouth. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, W. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Grant, Eedfield, Loomis, Maltbie, Miller, Vance, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, W. H. Hall, D. E. Phelps, Healy. IsTew Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, S. R. Woodward, Fisk, McMahon, Stevens, Griswold, Meigs, Lines, Wallace, Ford, S. J. Bryant, Davis, Hotchkiss, Wooster, Eussell, Upson, Bishop. 'N&w London County. — Messrs. Waller, F. T. Brown, King, A. M. Brown, Bailey, Allyn, Bromley, Raymond, Ivilleen, J. F. Brown, Frink, Morgan, Hinckley, E. B. Gal- lup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Woodman, E. H. Xorthrop, Bell, Perry, Shelton, Mead, Wanzer, C. H. Xor- throp, A. B. Woodward, Sanford, Seymour, Barnes, Merritt, Stagg, O. Hall, Wakeman. Windham County. — Messrs. Bugbee, Fitts, L. IsT. Clark, Groesbeck, Latham, Burnham, Somes, ]\Iilner, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, Belden, J. H. Smith, Kellogg, Wright, Beardsley, Whittlesey, J. F. Smith, O'Connor, C. H. Smith, Crofut, D. T. Warner, Etheridge, Strong, Brinsmade, Woolson, Curtiss. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 253 Middlesex County. — Messrs. D. W. Iv^ortlirop, G. M. Clark, Markham, Pelton, Coe, Purple, Hubbard, ]S!"ettleton, Terrill, W. H. Smith, Hale, Post. Tolland County. — Messrs. jSTewcomb, Sumner, Collins, Charter, Porter, Storrs, Keeney, Phelps, W. H. Hall. Those absent and not answering* to their names were : Hartford County, — Messrs. Jarvis, Pierce, Middleton, Cheney, Cooley, Bissell, Willard. New Haven County. — Messrs. A. D. Warner, A. E. Smith, "VVebb, Merwin, "Whittemore, Marks, Kendrick. New London County. — Messrs. Miner, Buell, Chipman, I. Gillette, Huntington, Riley. Pairfield County. — Messrs. Dempsey, E. H. Northrop, Jennings, R. J. Walsh, Whitlock, Gorham, Chichester. Windham County. — Messrs. Boss, Evans, Hunt. Litchfield County. — Messrs. Hayes, Ely, Camp, Kirby, Fyler. Middlesex County. — Messrs. Brothwell, Blake, L'Hom- medieu. Tolland County. — Messrs. Skinner, Collins, Hawkins, Pinney, Kinney. Whole number answering, .... 125 Those absent and not answering, . . .43 The President stated that the motion pending before the Convention when it adjourned was the resolution (Conven- tion Resolution No. 192) offered by the delegate from Salis- bury, adopting Article Four of the present Constitution as part of the proposed Constitution, and that resolution was now be- fore the Convention for action. Mr. Warner of Salisbury moved to amend the resolution by Schedule " E." The motion to amend prevailed. 254 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Mr. Eedfield of Farmington introduced a resolution, Con- vention Resolution iSTo. 194, concerning retrospective legisla- tion, ex post facto laws, and laws impairing the obligation of contracts, and moved that it be adopted as an amendment to the Bill of Rights. Mr. Warner of Salisbury raised the point of order that as the article sought to be amended had already been adopted by the Convention, the amendment was not in order at this time. The President ruled that the point of order was well taken. Mr. Phelps of Vernon moved to amend by Schedule " P." Mr. Redfield of Farmington moved that Convention Reso- lution Xo', 194 be tabled. The motion prevailed. Mr. Waller of jSTew London moved to amend by Schedule " G." The motion to amend by Schedule " G " was discussed by Messrs. Osborn of ISTew Haven and Clark of Hartford. The motion to amend by Schedule " G " prevailed. Mr. Clark of Hartford moved to amend by Schedule " H." The motion to amend was discussed by Messrs. Phelps of Vernon, Waller of ISTew London, and Sperry of South Windsor. The motion to amend by Schedule " H " prevailed. The motion to amend by Schedule " F " was then discussed by Messrs. Phelps of Vernon, Sperry of South Windsor, and Waller of !N^ew London. The motion to amend by Schedule " F " did not prevail. Mr. Woodward of j^orwalk moved to amend by Schedule a T 5? The motion to amend was discussed by Mr. Woodward of ISTorwalk. The motion to amend by Schedule " I " did not prevail. Mr- Etheridge of Thomaston moved to amend by Sched- ule " J." JOURNAL OF THE COKSTITUTIONAL CONVENTION. 255 Tlie motion to amend by Schedule '' J " prevailed. Mr. Osborn of Noav Haven moved to amend by Scliednle " K" The motion was discussed by Messrs. Osborn of ^ew Ha- ven and Clark of Hartford. The motion to amend by Schedule " K " prevailed. Mr. Davenport of Bridgeport moved to amend by Schedule " L," but withdrew the amendment. Mr. AValler of Xew London moved to amend by Schedule " M," but withdrew the amendment. Mr. Warner of Salisbury moved to amend by Schedule The motion was discussed by Messrs. Warner of Salisbury and AValler of ISTew London. The motion to amend by Schedule " N " did not prevail. Mr. Perry of Fairfield moved to amend by Schedule " O." The motion was discussed by Mr. Perry of Fairfield. The motion to amend by Schedule " O " prevailed. Mr. Perry of Faii-field moved to amend by Schedule " P." The motion was discussed by Messrs. Perry of Fairfield, Maltbie of Granby, Warner of Salisbury, and Phelps of Vernon. The motion to amend by Schedule " P " prevailed. The resolution was then adopted as amended. The vote was as follows : Whole number voting, . . . .112 Necessary for passage, . • . . .85 Those voting Yea, . . ,112 Those voting Nay, ... The following is the amendment to Convention Eesolu- tion 'No. 192 : 256 JOUEXAL OF THE COXSTITUTIOXAL COXVEXTIOX. Scliediile " E." Strike out all after the enacting clanse. Insert, in lieu thereof, the following, viz. : " That Article Four of the com- pilation of the present Constitution as appears in File ]!To. 23 be adopted as a part of the proposed Constitution," T]ie following are the amendments to Article Fourth : Schedule " G." In Section 13, line 16, strike out the word " three." In- sert in lieu thereof the word " ten." Schedule " H." In Section 13, line 19, strike out the word " their." Schedule "J." In Section 2, strike out the word " transmitted " in line 14, and insert in lieu thereof the words " mailed or delivered under seal." After the word " Secretary," in line 15, add the words " "with a superscription expressing the purport of the contents thereof." Schedule " K." Amend Section 6 to read as follows : " Sec. 6. The Gov- ernor shall be commander-in-chief of the military and naval forces of the State, except when such forces are called into the service of the United States." Schedule " O." Add at the end of Section 13 the following : " And in any bill for the appropriation of money containing several items, the Governor may approve or disapprove any of such items, in which case the bill shall become a law as to the items ap- proved by him, and those disapproved by him shall be re- JOUKNAL OF THE COXSTITUTIONAL CONVENTION. 267 turned to the General Assembly with his objections, and the same shall not become a part of the law unless passed by both houses in the manner aforesaid, but no items except such as are returned by the Governor within the time aforesaid may be disapproved by him." Schedule " P." In Section 1, line 5, after the word " years," insert the fol- lowing, viz. : " and the Attorney-General for four years." The follo^f■ing is the article adopted, as amended : Article Fourth. OF THE EXECUTIVE DEPAETMEIs^T. Section 1. The Governor, Lieutenant-Governor, Secre- tary, Treasurer, and Comptroller shall hold their respective offices for tw^o years, and the Attorney-General for four years, from the Wednesday following the first Monday of the Jan- uary next succeeding their election, and until their successors are duly qualified. Sec. 2. At the meetings of the electors in the respective towns held biennially as herein provided for the election of State oflicers, members of the General Assembly, and for such other officers as are and may be hereafter prescribed, the pre- siding officers shall receive the ballots and shall count and declare the same in the presence of the electors. When such ballots shall have been so received and counted, duplicate lists of the persons voted for, and of the number of votes given for each, shall be made and certified by the presiding officer, one of which lists shall be deposited in the office of the town clerk within three days, and the other within ten days after said election shall be mailed or delivered under seal to the Secre- tary, with a superscription expressing the purport of the con- tents thereof, within fifteen days next after said election. The votes so returned shall be counted, canvassed, and declared by c. c. — 17 258 JOUEXAL OF THE CONSTITUTIONAL CONVENTION. the Treasurer, Secretary, and Comptroller, within the month of November. The vote for Treasurer shall be counted, can- vassed, and declared by the Secretary and Comptroller only; the vote for Secretary shall be counted, canvassed, and de- clared by the Treasurer and Comptroller only; and the vote for Comptroller shall be counted, canvassed, and declared by the Treasurer and Secretary only. A fair list of the persons and number of votes given for each, together with the returns of the presiding officers, shall be by the Treasurer, Secretary, and Comptroller made and laid before the General Assembly, then next to be holden, on the first day of the session thereof. In the election for Governor, Lieutenant-Governor, Secretary, Treasurer, Comptroller, and Attorney-General, the person found by the General Assembly, in the manner herein pro- vided, to have received the greatest number of votes for each of said offices respectively, shall be declared by said assembly to be elected. But if two or more persons shall be found to have an equal and the greatest number of votes for any of said offices, then the General Assembly, on the second day of its session, by joint ballot of both Houses, shall proceed with- out debate to choose said officer from a list of the names of the persons found to have an equal and greatest number of votes for said office. The General Assembly shall by law prescribe the manner in which all questions concerning the election of the above named officers shall be determined. Sec. 3. The supreme executive power of the State shall be vested in the Governor. Ko person, who is not an elector of this State, and who has not arrived at the age of thirty years, shall be eligible. Sec. 4. The Lieutenant-Governor shall possess the same qualifications as are herein prescribed for the Governor. Sec. 5. The compensations of the Governor and Lieuten- ant-Governor shall be established by law, and shall not be varied so as to take effect until after an election, which shall next succeed the passage of the law establishing said compen- sations. JOURNAL OF THE CONSTITUTIONAL CONVENTION, 259 Sec. 6. The Governor shall be commander-in-chief of the military and naval forces of the State, except when such forces are called into the service of the United States. Sec. 7. He may require information in waiting from the officers in the executive department, on any subject relating to the duties of their respective offices. Sec. 8. The Governor, in case of a disagreement between the two Houses of the General Assembly, respecting the time of adjournment, may adjourn them to such time as he shall think proper, not beyond the day of the next stated session. Sec. 9. He shall, from time to time, give to the General Assembly, infoxmation of the state of the government, and recommend to their consideration such measures as he shall deem expedient. Sec. 10. He shall take care that the law^s be faithfully executed. Sec. 11. The Governor shall have power to grant re- prieves after conviction, in all cases except those of impeach- ment, until the end of the next session of the General Assem- bly, and no longer. Sec. 12. All commissions shall be in the name and by authority of the State of Connecticut; shall be sealed with the State seal, signed by the Governor, and attested by the Sec- retary. Sec. 13. Every bill which shall have passed both Houses of the General Assembly shall be presented to the Governor. If he approves, he shall sign and transmit it to the Secretary, but if not, he sliall return it to the house in which it origi- nated, with his objections, which shall be entered on the jour- nals of the House; who shall proceed to reconsider the bill. If after such reconsideration, that House shall again pass it, it shall be sent, with the objections, to the other House, which shall also reconsider it. If approved, it shall become a law. But in such cases the votes of both Houses shall be determined bv veas and navs; and the names of the members voting for 260 JOURNAL OF THE COXSTITUTIOXAL CONVENTION. and against the bill shall be entered on the jonrnals of each House respectively. If the bill shall not be returned by the Governor within ten days, Sundays excepted, after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it; unless the General Assembly, by their adjournment, prevents its return, in which case it shall not be a law. And in any bill for the appropriation of money containing several items, the Governor may approve or disapprove any of such items, in which case the bill shall become a law as to the items approved by him, and those dis- approved by him shall be returned to the General Assembly with his objections, and the same shall not become a part of the law unless passed by both Plouses in the manner aforesaid, but no items except such as are returned by the Governor within the time aforesaid may be disapproved by him. Sec. 14. The Lieutenant-Governor shall, by virtue of his ofl&ce, be President of the Senate, and have, when in commit- tee of the whole, a right to debate, and when the Senate is equally divided, to give the casting vote. Sec. 15. In case of the death, resignation, refusal to serve, or removal from office of the Governor, or of his impeach- ment, or absence from the State, the Lieutenant-Governor shall exercise the powers and authority appertaining to the office of Governor, until another be chosen at the next period- ical election for Governor, and be duly qualified; or until the Governor impeached or absent shall be acquitted or return. Sec. 16. When the government shall be administered by the Lieutenant-Governor, or he shall be unable to attend as President of the Senate, the Senate shall elect one of their members as President pro tempore. And if during the va- cancy of the office of Governor, the Lieutenant-Governor shall die, resign, refuse to serve, or be removed from office, or if he shall be impeached, or absent from the State, the President of the Senate pro tempore shall, in like manner, administer the government, until he be superseded by a Governor or Lieu- tenant-Governor. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 261 Sec. 17. If the Lieutenant-Governor shall he required to administer the government, and shall, while in such adminis- tration, die or resign during the recess of the General Assem- bly, it shall be the duty of the Secretary, for the time being, to convene the Senate for the purpose of choosing a President pro tempore. Sec. 18. The Treasurer shall receive all moneys belonging to the State, and disburse the same only as he may be directed by law. He shall pay no warrant or order for the disburse- ment of public money, until the same has been registered in the office of the Comptroller. Sec. 19. The Secretary shall have the safe keeping and custody of the public records and documents, and particularly of the Acts, Resolutions, and Orders of the General Assembly, and record the same; and perform all such duties as shall be prescribed by law. He shall be the keeper of the seal of the State, which shall not be altered. Sec. 20. The Comptroller shall adjust and settle all public accounts and demands, except grants and orders of the Gen- eral Assembly. He shall prescribe the mode of keeping and rendering all public accounts. He shall ex officio be one of the auditors of the accounts of the Treasurer. The General Assembly may assign to him other duties in relation to his office, and to that of the Treasurer, and shall prescribe the manner in which his duties shall be performed. Sec. 21. Sheriffs shall be elected in the several counties quadrennially on the Tuesday after the first Monday of No- vember, as now provided by law, and shall hold office for the term of four years from the first day of June following their election. They shall become bound, with sufficient sureties, to the Treasurer of the State, for the faithful discharge of the duties of their office, in such manner as shall be prescribed by law. They shall be removable by the General Assembly. In case the sheriff of any county shall die, resign, or shall be removed from office by the General Assembly, the Governor 262 JOURNAL OF THE CONSTITUTIONAL CONVENTION. may fill the vacancy occasioned thereby, until the same shall be filled by the next quadrennial election. Sec. 22. A statement of all receipts, payments, funds, and debts of the State, shall be published from time to time, in such manner and at such periods as shall be prescribed by law. CONVENTION RESOLUTIONS. Convention Resolution ]^o. 195. Mr. Loomis of Glaston- bury introduced a resolution providing that the compensation of the members of the General Assembly shall be fixed by law, but such compensation shall not exceed five hundred dollars, but until such change of salary is made the compensation of members of the General Assembly shall remain at three hundred dollars. On motion of Mr. Loomis of Glastonbury, the resolution was tabled. Mr. Warner of Salisbury introduced a resolution (Conven- tion Resolution ISTo. 196), a resolution adopting Article Five of the present Constitution as printed in File Xo. 23 as part of the proposed Constitution. Mr. Charter of Ellington, at 12.45 o'clock P. M., moved that the Convention take a recess until 2 o'clock P. M. The motion prevailed. Wednesday afternoon, March 26, 1902. The Convention was called to order at 2 o'clock P. M., the President in the Chair. The President stated that the resolution pending before the Convention was the one offered by the delegate from Salis- bury, providing for the adoption of Article Five of the present Constitution as printed in File jSTo. 23. Mr. Merritt of Stamford moved to amend Section 3 bv JOITKNAL OF THE COXSTITUTIONAL COXVEIS'TIOIS'. 263 Convention Resolution Xo. 40, providing that judges of the Supreme Court of Errors and the Superior Court shall be aj)pointed during good behavior. The motion to amend was discussed by Messrs. Merritt of Stamford, Etheridge of Thomaston, Clark of Haddam, War- ner of Salisbury, Waller of New London, and Woodward of Mr. Waller of ]Srew London introduced a resolution (Con- vention Resolution Ko. 197) a resolution raising a committee of five to consider and report on Article Eive of the Consti- tution, and further providing that all resolutions and amend- ments affecting said article be referred to said committee. The resolution was discussed by Messrs. Waller of New London, Fisk of Branford, Hall of Willington, Warner of Salisbury, Clark of Haddam, Perry of Fairfield, and Healy of Windsor Locks. Mr. Clark of Haddam moved to amend the resolution by providing that the committee should consist of five laymen. The motion did not prevail. The resolution was then passed. The following is the resolution : Resolved by this Convention : That a committee of five be appointed to report to this Con- vention for its consideration an article or section of the pro- posed Constitution, providing that judges of the Supreme and Superior Court shall be elected and continue in office during good behavior, shall be retired at the age of seventy, and shall serve thereafter as referees in cases sent to them by the court with the consent of all parties to the suit, and the salaries of said judges and referees shall be at least six thousand dollars per year and expenses fixed by the General Assembly. The provisions hereof shall apply to the present judges of said courts and judges acting now as referees. Article Fifth of the Constitution and all pending resolu- tions relating to the Judicial Department are hereby referred to said committee. 2G4 JOURNAL OF THE CONSTITUTIONAL CONVENTION. OKDER OF THE DAY. Mr, Hall of Willington moved that the report of the com- mittee raised under Convention Resolution No. 197, to con- sider Article Five of the Constitution, be made the Order of the Day for Tuesday, April 1st, at 1 o'clock P. M. The motion prevailed. APPOINTMENT OF A COMMITTEE. The president announced the appointment of the following committee as raised by Convention Resolution 'Ro. 197 to consider Article Five of the Constitution : Messrs. Men-itt of Stamford. Waller of New London. Holcomb of Southington. Phelps of Vernon. Webb of Hamden. Mr. Loomis of Glastonbury introduced the following amendment to Article Five : In Section 5, line 2, strike out the word " districts," and insert in lieu thereof the following, viz. : " towns," and moved that it be referred to the com- mittee just appointed to consider Article Five. The motion was discussed by Messrs. Loomis of Glaston- bury, Collins of Columbia, Hotchkiss of Prospect, and Brown of Norwich. The motion prevailed. CONVENTION RESOLUTIONS. Convention Resolution No. 198. Mr. Griswold of Guilford introduced a resolution providing that no probate district in the State shall be changed unless by a majority vote of the electors residing in said district. Mr. Griswold of Guilford moved that the resolution be re- ferred to the committee appointed to consider Article Five of the Constitution. The motion prevailed. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 265 Mr. Waller of New London moved that Convention Reso- lution No. 44, relating to the granting of special charters by the General Assembly, be taken from the table and made the Order of the Day for Wednesday, April 2d, at 11 o'clock A. M. The motion prevailed. Convention Eesolntion No. 199. Mr, Warner of Salisbury introduced a resolution adopting Article Seventh of the pres- ent Constitution as printed in File No. 23. Mr. Perry of Fairfield moved to amend by Schedule " A." Mr. Davenport of Bridgeport moved to amend the resolu- tion by adopting Convention Resolution No. TO as Schedule " B." "^ The motion to amend was discussed by Messrs. Davenport of Bridgeport, Smith of Plymouth, Clark of Haddam, Loomis of Glastonbury, Northrop of Middletown, and Clark of Hart- ford. The motion to amend by Schedule " B " did not prevail. Mr. Smith of Plymouth moved to amend Schedule " A " by Schedule " C." The motion to amend was discussed by Messrs. Smith of Plymouth and Waller of New London, The motion to amend by Schedule " C " prevailed, Mr. Waller of New London moved that the Convention adjourn. The motion did not prevail. The President stated that the motion before the Convention was on the passage of the amendment Schedule " A " as amended by Schedule " C." The vote on the amendment disclosing that a quorum was not present, seventy-four members being present and voting, the President thereupon, at 3.45 o'clock P. M., declared the Convention adjourned to meet on Thursday at 11 o'clock A, M, 266 JOUKNAL OF THE COXSTITUTIONAL CONVENTION. Thursday, March 27, 1902. The Convention was called to order at 11 o'clock A. M., tlie President in the Chair. Prayer was offered by the Chaplain, Rev. William Martin Brown of Bloomfield. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, W. M. Brown, E. S. Gillette, Dickinson, P. S. Bryant, Middleton, Grant, Eedfield, Loomis, Maltbie, Miller, Cooley, Vance, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, W. H. Hall, Willard, D. E. Phelps, Healy. !New Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, S. R. Woodward, McMahon, Stevens, Griswold, Webb, Meigs, Lines, Wallace, Merwin, Ford, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Russell, Upson, Bishop. New London County. — Messrs. Waller, F. T. Brown, Miner, Chipman, King, A. M. Brown, Bailey, I. Gillette, Bromley, Raymond, Killeen, J. F. Brown, Huntington, Frink, Riley, Hinckley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Woodman, Bell, Perry, Shelton, Mead, Wanzer, C. H. Northrop, A. B. Wood- ward, Sanford, Seymour, Barnes, Merritt, Stagg, 0. Hall,_ Wakeman. Windham County. — Messrs. Boss, Bugbee, Fitts, L. N. Clark, Groesbeck, Latham, Somes, Milner, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, Belden, J. H. Smith, Wright, Beardsley, Whittlesey, JOURNAI, OF THE CONSTITUTIONAL GONVENTION. 267 O'Connor, C. H. Smith, Crofut, D. T. '^Yarner, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Pelton, Coe, Hubbard, Purple, :N"ettleton, Terrill, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. ISTewcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Pinney, Phelps, W. H. Hall. Those absent and not answering were : Hartford County. — Messrs. Jarvis, Pierce, Sears, Cheney, Bissell. New Haven County. — Messrs. Fisk, A. E, Smith, Whitte- more, Ivendrick. New London County. — Messrs. Buell, Allyn, Morgan. Fairfield County. — Messrs. Dempsey, E. H. Northrop, Jennings, R. J. Walsh, Whitlock, Gorham, Chichester. Windham County. — Messrs. Evans, Burnham, Plunt. Litchfield County. — Messrs. Hayes, Kellogg, Ely, J. F. Smith, Camp, Kirby, Fyler. Middlesex County. — Messrs. Markham, Brothwell, Blake. Tolland County. — Messrs. Keeney, Kinney. Whole number answering, . . . .134 Those absent and not answering, . . .34: The President stated that the motion before the Convention when it adjourned on Wednesday was the amendment. Sched- ule " A," to Article Seventh of the proposed Constitution, as amended by Schedule " C " (see Convention Journal, March 26th), and that the amendment as amended was now before the Convention. The amendment was discussed by Mr. Brown of North Stonington. 268 JOURNAL OF THE CONSTITUTIONAL CONVENTION. The amendment, Schedule " A," as amended by Schedule " C," did not prevail. Mr. Perry of Fairfield moved to amend by Schedule " D." The amendment was discussed by Mr. Griswold of Guilford. Mr. Etheridge of Thomaston moved to amend by Schedule " E," to insert, in Section 1, line 15, and in Section 2, line 3, after the word " Christians," the words " or of other re- ligious faith." The amendment was discussed by Messrs. Perry of Fairfield, Smith of Plymouth, Hale of Portland^ Davenport of Bridge- port, Hall of West Hartford, and Brown of North Stonington. On motion of Mr. Etheridge of Thomaston the previous question was ordered. Mr. Charter of Ellington moved that the vote be taken bv Yeas and Nays. The motion prevailed. The amendment, Schedule " E," did not prevail. The vote was as follows : Those voting Yea were : Hartford County. — Messrs. Holmes, W. M. Brown, E. S. Gillette, Dickinson, Middleton, Loomis, Maltbie, Miller, Cheney, Cooley, D. E. Phelps. New Haven County. — Messrs. McMahon, Griswold, Meigs, Wallace, Merwin, Ford, Hotchkiss, Kiissell. New London County. — Messrs. Miner, Chipman, King, A. M. Browp, Bailey, I. Gillette, Bromley, Frink, Hinckley, E. B. Gallup, C. A.*^ Gallup. Fairfield County, — Messrs. Woodman, Bell, Mead, Wan- zer, Barnes. Windham County. — Messrs. Fitts, Groesbeck, Elliott, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Belden, J. H. Smith, Wright, Beardsley, J. F. Smith, O'Con- JOURNAL OF THE CONSTITUTIONAL CONVENTION. 269 nor, C. H. Smith, Crofiit, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex Coiintv. — Messrs. Pelton, Hubbard, Purple. ITettleton, Terrill, W. H. Smith, Hale, Post. Tolland County. — Messrs. Newcomb, Charter, Porter, Storrs. ^ Those voting 'Nay were : Hartford County. — Messrs. C. H. Clark, P. S. Bryant, Grant, Pedfield, Vance, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, W. H. Hall, Healy. ISTew Haven County. — Messrs. Osborn, Guilf oile, A. D. Warner, S. R. Woodward, Stevens, Webb, Lines, Marks, S. J. Bryant, Davis, Wooster, Upson, Bishop. ISTew London County. — Messrs. Waller, P. T. Brown, Buell, Raymond, Killeen, J. F. Brown, Fairfield County. — Messrs. Davenport, Perry, Shelton, C. LI. ISTorthrop, A. B. Woodward, Sanford, Seymour, Stagg, Wakeman. Windham County. — Messrs. Boss, Bugbee, L. IST. Clark, Latham, Somes, Milner, Waldo, Chandler. Litchfield County. — Messrs. Mallett, Whittlesey, D. T. Warner. Middlesex County. — Messrs. D. W. ISTorthrop, G. M. Clark, Coe, L'Hommedieu. Tolland County. — Messrs. Skinner, Sumner, Collins, Pinney. Those absent and not voting were: Hartford County. — Messrs. Jarvis, Pierce, Sears, Cheney, Bissell, Willard. New Haven County. — Messrs. D. T. Walsh, Fisk, A. E. Smith, Whittemore, Kendrick. 270 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Xew London County, — Messrs. Allyn, Hnntington, Mor- gan, Riley. Fairfield County. — Messrs. Dempsey, E. H. ISTorthrop, Jennings, E. J. Walsh, Whitlock, Merritt, O. Hall, Gorham, Chichester. Windham County. — Messrs. Fitts, Evans, Burnham, Hunt. Litchfield County. — Messrs. Hayes, Kellogg, Ely, Camp, Kirby, Fyler. Middlesex County. — Messrs. Markham, Brothwell, Blake. Tolland County. — Messrs. Hawkins, Keeney, Kinney, Phelps, W. H. Hall. Whole number voting, . . . . . 13G Accessary for passage, . . . . . G9 Those voting Yea, . . . .66 Those voting oSTay, . . . ,70 The amendment, Schedule " D," prevailed. The resolution, Convention Resolution No. 199, adopting Article Seventh, as amended, was then passed by a rising vote. The vote was as follows : Whole number voting, , . . . ,99 Necessary for passage, . . . . .85 iSTumber voting Yes, . . .99 Xumber voting No, ... The following is the amendment : Schedule " D." In Section 1, line 15, and Section 2, line 2, strike out the words "■ of Christians." Li Section 1, line 14, and Section 2, line 2, before the word " society," insert the word " religious," JOURNAL OF THE CONSTITUTIONAL CONVENTION. 271 The following is the amended article as adopted : Article Seventh. OF EELIGION. Section 1. It being the duty of all men to worship the Supreme Being, the Great Creator and Preserver of the Uni- verse, and their right to render that worship in the mode most consistent with the dictates of their consciences, no per- son shall by law be compelled to join or support, nor be classed with, or associated to, any congregation, church, or religious association. But every person now belonging to such congre- gation, church, or religious association shall remain a member thereof until he shall have separated himself therefrom, in the manner hereinafter provided. And each and every re- ligious society or denomination in this State shall have and enjoy the same and equal powers, rights, and privileges; and shall have power and authority to support and maintain the ministers or teachers of their respective denominations, and to build and repair houses for public worship, by a tax on the members of any such society only, to be laid by a major vote of the legal voters assembled at any society meeting, warned and held according to law, or in any other manner. Sec. 2. If any person shall choose to separate himself from the religious society or denomination to which he may belong, and shall leave a written notice thereof with the clerk of such society, he shall thereupon be no longer liable for any future expenses which may be incurred by said society. ORDER OE THE DAY, 11 O'CLOCK A. M. Convention 'Resolution No. 188. (See Convention Jour- nal, March 25th.) A resolution providing for final adjourn- ment, and raising an engrossing committee, was taken from the table. On motion of Mr. Osborn of New Haven, the resolution was tabled. 272 JOURNAL OF THE CONSTITUTIONAL CONVENTION. REPORT OF A COMMITTEE. Mr. Warner of Salisbury, Chairman of the committee on Woman Suffrage, presented the following report from the committee on Woman Suffrage, recommending the adoption of an accompanying resolution. Convention Resolution ISTo. 200: Report of the Committee on Woman Suffrage. The committee on Woman Suffrage, to which was referred the memorials of the Woman's Suffrage Association and Women's Christian Temperance Union, beg leave to report : That they have fully considered the matters submitted to them and do recommend that the privileges of the Conven- tion shall, before the committee of the whole, be extended to the memorialists and other advocates of woman suffrage for the presentation of their views and wishes on said subject, and to that end recommend the passage of the' accompanying resolution under a suspension of rules. Signed, DONALD T. WARNER, Chairman of the Committee. Convention Resolution No. 200. A resolution referring all matters pertaining to woman suffrage to the committee of the whole, and providing that the afternoon of Wediiesday, April 2d, at 2 o'clock, be devoted to hearing the memorialists and other advocates of woman suffrage, before the committee of the whole. Mr. Warner of Salisbury moved that the resolution be l^assed, and the report of the committee accepted. Mr. Clark of Hartford moved to amend by Schedule " A," providing that the Convention adjourn at 2 o'clock on Wednesday, and the use of the Convention Hall be granted for a hearing on woman suffrage at that time. The amendment was discussed by Mr. Warner of Salisbury. JOUKXAL OF THE CONSTITUTIONAL CONVENTION. 273 Mr. Bryant of East Hartford moved to amend the amend- ment by Schedule " B," striking ont the word " Wednesday," and inserting in lieu thereof the word " Thursday." The amendment was discussed by Messrs. Warner of Salis- bury, Bryant of East Hartford, Waller of jS^^ew London, and Clark of Hartford. The amendment, Schedule " B," did not prevail. The amendment, Schedule " A," was further discussed by Messrs. Clark of Hartford, Waller of New London, Warner of Salisbury, Skinner of Andover, ISTorthrop of Middletown, and Gillette of Burlington. Mr. Guilfoile of Waterbury moved to amend the resolution by adding " that the citizens of Waterbury be permitted to appear before the Convention or committee of the whole and to express their views upon the question of representation." Mr. Waller of ISTew London raised the point of order that the proposed amendment was not germane to the pending resolution, and for that reason was not in order. The President ruled that the point of order was well taken. The amendment. Schedule " A," did not prevail. The resolution was discussed by Messrs. Hall of West Hart- ford, Perry of Fairfield, Warner of Salisbury, Gillette of Burlington, and Webb of Hamden. Mr. Waller of New London moved that the vote be taken by Yeas and Nays, The motion prevailed. The resolution was then rejected, and the report of the committee rejected. The vote was as follows : Those voting Yea were : Hartford County. — Messrs. Dickinson, Loomis, Churchill, Havens, Bartlett, Holcomb, Healy. New Haven County. — Messrs. S. R. Woodward, Gris- wold, Meigs, Hotchkiss, Russell, c. c— 18 274 JOUKN^VL OF THE CONSTITUTIONAL CONVENTION. New London County. — Messrs. "Waller, Miner, Chipman, King, Bailey, I. Gillette, Frink, C. A. Gallup. Fairfield County. — Messrs. Davenport, Woodman, Bell, Shelton, Wanzer, C. H. liorthrop, Barnes, Wakeman. Windham County. — Messrs. Groesbeck, Latham, Waldo, Bo wen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Belden, Beardsley, Whittlesey, O'Connor, D. T. Warner, Etheridge, Brinsmade, Woolson. Middlesex County. — Messrs. D. W. Northrop, G. ]\L Clark, Pelton, Coe, Hubbard, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Skinner, Collins, Hawkins, Charter, Porter, Storrs. Those voting Nay were : Hartford County. — Messrs. C. H. Clark, Holmes, W^ M. Brown, E. S. Gillette, P. S. Bryant, Middleton, Redfiekl, Maltbie, Miller, Cooley, Vance, Condell, Sperry, W. H. Hall, Willard, D. E. Phelps. New Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, McMahon, Stevens, Webb, Lines, Wallace, Ford, Marks, S. J. Bryant, Davis, Wooster, Upson, Bishop, New London County. — Messrs. F. T. Brown, Buell, A. M. Brown, Bromley, Raymond, Killeen, J. F. Brown, Hinck- ley, E. B. Gallup. Fairfield County. — Messrs. Perry, A. B. Woodward, San- ford, Seymour, Merritt, Stagg, O. Hall. Windham County. — Messrs. Boss, Bugbee, Fitts, L. N. Clark, Somes, Milner, Elliott, Chandler. Litchfield County. — Messrs. Mallett, J. H. Smith, C. H. Smith, Crofut, Strong. Middlesex County. — Messrs. Purple, Nettleton, Terrill, W. H. Smith. Tolland County. — Messrs. Newcomb, Sumner, Pinney, Phelps. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 275 Those absent and not voting were : Hartford County. — Messrs. Jarvis, Pierce, Sears, Grant, Cheney, Bissell. New Haven County. — Messrs. Fisk, A. E. Smith, Mer- win, Whittemore, Kendrick. JSTew London County. — Messrs. Allyn, Huntington, Mor- gan, Riley. Fairfield County. — Messrs. Dempsey, E. H. !N"orthrop, Jennings, R. J. Walsh, Whitlock, Mead, Gorham, Chichester. Windham County. — Messrs. Evans, Burnham, Hunt. Litchfield County. — Messrs. Hayes, Kellogg, Wright, Ely, J. F. Smith, Camj), Krrby, Fyler, Curtiss. Middlesex County. — Messrs. Markham, Brothwell, Blake. Tolland County. — Messrs. Keeney, Kinney, W. H. Hall. Whole number voting, . . . . .126 Necessary for passage, . . . . .64 Those voting Yea, . . . .57 Those voting ISTay, . . . .69 CONVENTION RESOLUTION. Convention Resolution No. 201. Mr. Clark of Flartford introduced a resolution providing for adjournment on Wed- nesday, April 2d, at 2 o'clock P. M., for advocates of Woman Suffrage to address the members. The resolution was discussed by Messrs. Waller of New London, Clark of Hartford, and Perry of Fairfield. Mr, Waller of New London moved that the resolution be tabled. The motion prevailed. REPORT OF A COMMITTEE. Convention Resolution No. 202. The report of the com- mittee raised by Convention Resolution No. 197 (see Conven- tion Journal, March 26th), to which was referred Article 276 JOUENAL OF THE CONSTITUTIONAL CONVENTION. Fifth of the Constitution and the pending amendments thereto, was presented by Mr. Merritt of Stamford, chairman of the committee. On motion of Mr. Merritt of Stamford, the report was tabled and ordered printed. The report was as follows: The committee to which was referred Article Fifth have the honor nnanimonslj to report the following proposed article : Article Fifth. OF THE JUDICIAL DEPAKTMENT. Section 1. The judicial power of the state shall be vested in a Supreme Court of Errors, a Superior Court, and such inferior courts as the General Assembly shall, from time to time, ordain and establish; the powers and jurisdiction of which courts shall be defined by law. Sec. 2. The justices of the peace for the several towns in this State shall be appointed by the electors in such towns; and the time and manner of their election, the number for each town, and the period for which they shall hold their offices, shall be prescribed by law. They shall have such jurisdiction in civil and criminal cases as the General As- sembly may prescribe. Sec. 3. The judges of the Supreme Court of Errors and of the Superior Court shall, upon nomination of the Governor, be appointed by the General Assembly in such manner as shall by law be prescribed. They shall hold their offices but may be removed by impeachment, and the Governor shall also remove them on the address of two-thirds of each house of the General Assembly. And in case any vacancy occurs in the office of a judge in the Supreme Court of Errors or Su- perior Court, by death or otherwise, when the General As- sembly is not in session, the Governor may appoint a judge to JOURNAL OF THE COXSTITUTIOXAL COXVEXTIOX. 277 fill such vacancy who shall continue in said office until the rising of the next General Assembly, or until the vacancy is filled by the action of the Governor and the General Assemblv as hereinbefore provided. ISTo judge or justice of the peace shall be capable of holding office after he shall arrive at the age of 70 years. Any judge of the Supreme Court of Errors or Superior Court who shall be retired from office on account of age shall thereupon become a State referee, whose powers shall be defined by law. The salary of a judge of the Su- preme Court of Errors and of the Superior Court shall be $6,000 a year, and he shall receive for his expenses such amount as shall be determined by law. The salary of a State referee appointed under the provisions of this section shall be $3,000 a year. The provisions of this section shall apply in every respect to the present judges of the Supreme Court of Errors and Superior Courts and to the present State referees. Sec. 4. Judges of the Courts of Common Pleas, and of the District Courts, shall be appointed for a term of six years in the manner provided in Section 3 for the appointment of judges of the Supreme Court of Errors and Superior Courts. Judges of City Courts, Police Courts, Borough Courts, and Town Courts, shall be appointed for the term of two years. Sec. 5. Judges of probate shall be elected by the electors residing in their respective districts at the general election quadrennially. They shall hold their office for four years from the Wednesday after the first Monday of the January next succeeding their election. After the adoption of Sections third, fourth, and fifth, your committee recommend to fill the blank in section third, the following : After the word " offices " in the fifth line of section third, the following : " during good behavior," and if the recom- mendation is not adopted by the Convention, the committee will propose to fill the blank with the words " for the term of eight years." 278 JOUK^^AL OF THE COXSTITUTIOx\AL CONVENTION. There are several other matters referred to the committee upon which it begs leave to report later, and asks to be con- tinued for that purpose. By order of the committee. SCHUYLER MEERITT, Chairman. CONVENTION RESOLUTIONS. Convention Resolution jSTo. 203. Mr. Perry of Fairfield introduced a resolution providing " that a committee of five be appointed to put the entire Constitution, when finally ap- proved in articles by the Convention, in proper form for sub- mission to the people, and report." The resolution was discussed by Messrs. Perry of Fairfield, Waller of New London, and Davenport of Bridgeport. Mr. Clark of Haddam moved to amend by Schedule " A," striking out the word " five," and inserting in lieu thereof the words " eight, one from each county." The amendment did not prevail. Mr. Warner of Salisbury moved to amend by Schedule " B," striking out all after the enacting clause, and inserting in lieu thereof the following : " That a committee of five be appointed to engross and arrange the articles of the Constitu- tion already adopted and that may be hereafter adopted, for the purpose of correcting verbal inaccuracies and errors in phraseology." The amendment was discussed by Messrs. Bryant of East Hartford, Perry of Fairfield, Warner of Salisbury, Brown of Norwich, and ISTorthrop of Middletown. Mr. Clark of Haddam moved to amend the amendment by Schedule " C," providing for a committee of eight members, one from each county. The amendment, Schedule " C," did not prevail. Mr. Warner of Salisbury moved that the resolution be tabled. The motion prevailed. JOUENAL OF THE CONSTITUTIONAL CONVENTION. 279 Mr. Wcaller of jSFew London moved that when the Conven- tion adjourn at this session, it be to meet on Tuesday, April 1st, at 12.30 o'clock P. M. The motion prevailed. Convention Resolution 'No. 204. Mr. Warner of Salis- bury introduced a resolution adopting Article Eighth of the present Constitution as a part of the proposed Constitution. Mr. Perry of Fairfield moved to amend Article Eighth by Schedule " A." The amendment prevailed. The resolution adopting Article Eighth as amended was then passed by a rising vote. The vote was as follows: Whole number voting, . . . . .90 Necessary for passage, . . . . .85 Number voting Yes, . . .89 Number voting No, ... 1 Following is the amendment: Schedule " A." In Section 2, lines 6, 7, 8, and 9, strike out the words " the value of said fund shall, as soon as practicable, be ascertained in such manner as the General Assembly may prescribe, pub- lished and recorded in the Comptroller's office; and." The following is the amended Article as adopted: Article Eighth. OF EDUCATION. Section 1. The charter of Yale College, as modified by agreement with the corporation thereof, in pursuance of an Act of the General Assembly, passed in May, 1792, is hereby confirmed. Sec. 2. The fund called the School Fund shall remain a perpetual fund, the interest of which shall be inviolably ap- 280 JOURNAL OF THE CONSTITUTIONAL CONVENTION. propriated to the support and encouragement of the public or common schools throughout the State, and for the equal benefit of all the people thereof. No law shall ever be made, authorizing said fund to be diverted to any other use than the encouragement and support of public, or common schools, among the several school societies, as justice and equity shall require. Convention Resolution No. 205. Mr. Warner of Salis- bury introduced a resolution adopting Article Ninth of the present Constitution as a part of the proposed Constitution. The resolution was passed by a rising vote. The vote was as follows : Whole number voting, . . . . .88 Necessary for passage, . Number voting Yes, Number voting No, The following is the Article adopted Article Ninth. OF IMPEACHMENTS. Section 1. The House of Representatives shall have the sole power of impeaching. Sec. 2. All impeachments shall be tried by the Senate. When sitting for that purpose, they shall be on oath or affirma- tion. No person shall be convicted without the concurrence of two-thirds of the members present. When the Governor is impeached, the Chief Justice shall preside. Sec. 3. The Governor, and all other executive and judi- cial officers, shall be liable to impeachment; but judgments in such cases shall not extend further than to removal from office and disqualification to hold any office of honor, trust, or profit under this State. The party convicted shall, never- theless, be liable and subject to indictment, trial, and punish- ment according to law. JOUENAL OF THE CONSTITUTIONAL CONVENTION. 281 Sec. 4. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. No conviction of treason, or attainder, shall work corruption of blood or for- feiture. Convention Resolution No. 49. (See Convention Journal, January 9th.) A resolution concerning Civil Appointments by the Governor was taken from the table, on motion of Mr. Waller of New London. Mr. "Waller of New London moved to amend by Schedule " A." The amendment prevailed. The resolution, as amended, was discussed by Messrs. Clark of Hartford, Davenport of Bridgeport, Webb of Hamden, Clark of Haddam, Warner of Salisbury, and Brown of Norwich. Mr. Webb of Hamden moved to amend by Schedule " B." On motion of Mr. Brown of Norwich, the resolution was tabled. The following is the amendment adopted : Schedule " A." Strike out all after the enacting clause. Insert, in lieu thereof, the following, viz. : That the following article or section shall be inserted in the Constitution : " No member of the General Assembly shall receive any civil appointment in this State from the Governor, the Governor and Senate, or from the General Assembly during the term for which he shall have been elected." On motion of Mr. Guilfoile of Waterbury, the Convention, at 1.50 o'clock P. M., adjourned, to meet on Tuesday, at 12.30 o'clock P. M. Tuesday, April 1, 1902. The Convention was called to order at 12.30 o'clock P. M., the President in the Chair. Prayer was offered by the Chaplain, Kev. Charles H. Smith of Plymouth. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, W. M. Brown, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Mid- dleton, Grant, Eedfield, Loomis, Miller, Vance, Condell, Havens, Bartlett, Holcomb, Sperry, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. New Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, S. R Woodward, Fisk, A. E. Smith, McMahon, Stevens, Griswold, Meigs, Lines, Wallace, Ford, S. J. Bryant, Davis, Hotchkiss, Wooster, Eussell, Kendrick, Upson. New London County. — Messrs. F. T. Brown, Miner, Buell, Chipman, King, A. M. Brown, I. Gillette, Allyn, Bromley, Raymond, Killeen, J. F. Brown, Huntington, Frink, Morgan, Kiley. Fairfield County. — Messrs. Davenport, Woodman, E. H. Northrop, Bell, Jennings, Perry, Whitlock, Shelton, Wanzer, C. H. Northrop, A. B. Woodward, Sanford, Seymour, Bafrnes, Merritt, Stagg, O. Hall, Gorham, Wakeman, Chi- chester. Windham County. — Messrs. Bugbee, L. N. Clark, Groes- beck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, Belden, J. H. Smith, Ely, Beardsley, Whittlesey, JOURNAL OF THE CONSTITUTIONAL CONVENTION. 283 J. F. Smith, Camp, C. H. Smith, Crofnt, D. T. Warner, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. D. "W. Northrop, G. M. Clark, Markham, Pelton, Coe, Hubbard, Purple, Blake, !N"et- tleton, Terrill, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Phelps, W. H. Hall. Those absent and not answering were : Hartford County. — Messrs. Jarvis, Pierce, Maltbie, Che- ney, Cooley, Churchill. ]^ew Haven County. — Messrs. A. D. Warner, Webb, Merwin, Whittemore, Marks, Bishop. ISTew London County. — Messrs. Waller, Bailey, Hinckley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Dempsey, R. J. Walsh, Mead. Windham County. — Messrs. Boss, Fitts, Evans, Hunt. Litchfield County. — Messrs. Hayes, Kellogg, Wright, O'Connor, Kirby, Fyler. Middlesex County. — Messrs. Brothwell, W. H. Smith. Tolland County. — Messrs. Newcomb, Keeney, Pinney, Kinney. ]Srumber present and answering, . . . 132 Xumber absent and not answering, . .36 The President stated that he had been informed by the Clerk of the Convention that a mistake had been made in the declaration of the vote on Amendment " E " (see Convention Journal, page 270), which had been offered as an amendment to Article Seventh of the proposed Constitution, and that in order to correct the record he would entertain a motion to reconsider the vote adopting Article Seventh as amended. Mr. Clark of Haddam moved that the Convention recon- sider its action in adopting Article Seventh as amended. The motion prevailed. On motion of Mr. Clark of Haddam, Article Seventh was tabled. 284 JOURNAL OF THE COISTSTITUTIONAL CONVENTION. Convention Resolution jSTo. 194 (see Convention Jonrnal, March 26th), a resolution adding certain sections to the Declaration of Rights, Article First of the Constitution, was taken from the table on motion of Mr. Redfield of Far- mington. Mr. Redfield of Farmington moved that the resolution be adopted as a part of the proposed constitution. The resolution was discussed by Mr. Redfield of Farming- ton. [Vice-President Perry in the Chair.] The resolution was further discussed by Messrs. Redfield of Farmington, Warner of Salisbury, and Brown of Norwich. By unanimous consent Mr. Redfield of Farmington with- drew Section 22 of the resolution, providing that no ex post facto law, or one retrospective in its operation, nor law im- pairing the obligation of contracts, shall be enacted by the General Assembly. On motion of Mr. Clark of Fladdam the previous question was ordered. Mr. Davenport of Bridgeport moved that the resolution be tabled. Mr. Clark of Haddam raised the point of order that the previous question having been ordered, the motion to table was not in order. The Chairman ruled that the point of order was well taken. On motion of Mr. Warner of Salisbury, by unanimous consent, action on Section 23 of the resolution was postponed to be considered in connection with Convention Resolution No. 44, concerning special legislation. The motion to adopt the remaining sections of the resolu- tion. Sections 24 and 25, did not prevail. ORDER OF THE DAY, 1 O'CLOCK P. M. Convention Resolution No. 202 (see Convention Journal, March 27th), the Draft of Article Fifth of the Constitution JOUKNAL OF THE CONSTITUTIONAL CONVENTION. 285 reiDorted hj the special committee, was taken from the table, on motion of Mr. Merritt of Stamford. Mr. Merritt of Stamford moved that Section 1 of Article Fifth be adopted. The motion prevailed. Mr. Merritt of Stamford moved that Section 2 be adopted. The motion prevailed. Mr. Merritt of Stamford moved that Section 3 be adopted. The motion was discussed by Mr. Merritt of Stamford. Mr. Clark of Haddam moved to amend the Section by Schedule " A," providing that judges of the Supreme and Superior Courts shall hold oiRce until they arrive at the age of seventy years; that the Governor may fill vacancies, and fixing the salaries of judges at four thousand dollars per year and expenses. The amendment was discussed by Mr. Clark of Haddam. Mr. Etheridge of Thomaston moved to amend by Schedule " B," making the term of office of the judges eight years, and striking out the proposition regarding salaries of judges. The amendment was discussed by Messrs. Etheridge of Thomaston, Brinsmade of Washington, Warner of Salisbury, and JSTorthrop of Middletown. Mr. Brinsmade of Washington moved that the amendment, Schedule " B," be divided, and the two propositions em- bodied therein be separately acted on. The motion prevailed. The first proposition of amendment, Schedule " B," pre- vailed. The second proposition prevailed. Following is the amendment adopted : Schedule " B." Fill the blank in line five of Section 3 by inserting the words " for the term of eight years." Strike out all of said Section 3 after line 22. 286 JOURNAL OF THE CONSTITUTIOXAL COXVEXTIOX. Mr. Warner of Salisbury moved to amend by Schedule " C " to add to the amendment, Schedule " B," inserting in lieu of the provisions stricken out Convention Resolution Xo. 63 (see Convention Journal, January lith). The amendment M'as discussed by Mr. Davenport of Bridge- port. The amendment prevailed. Following is the amendmeni : Schedule " C." Add at the end of Schedule " B " : " Insert in lieu thereof the following : The judges of the Supreme Court of Errors and of the Superior Court shall receive a stated compensation to be fixed by the Legislature. Said compensation may be increased, but shall not be diminished during their terms of office." Mr. Merritt of Stamford moved that the vote on Schedule " A," as amended by Schedules " B " and " C," be taken separately on the provisions concerning terms of judges and concerning salaries, and that the vote be taken by Yeas and Nays. The motion prevailed. Mr. Davenport of Bridgeport moved to amend by Schedule " D," striking out the word " eight " in Schedule " B," and inserting, in lieu thereof, the word " twelve." The amendment was discussed by Messrs. Warner of Salis- bury and Smith of Winchester. By unanimous consent Mr. Davenport of Bridgeport with- drew his amendment. The first paragraph of the amendment. Schedule " A," as amended by Schedule " B," prevailed. The vote was as follows: Those voting Yea were : Hartford County. — Messrs. Holmes, W. M. Brown, E. JOURJvAL OF THE COjSTSTITUTIONAL CONVENTION. 287 S. Gillette, Middleton, Loomis, Miller, Vance, Havens, Bart- lett, W. H. Hall, Willard, D. E. Phelps, Healy. ISTew Haven County. — Messrs. Guilfoile, D. T. Walsli, S. E. Woodward, McMahon, Stevens, Griswold, Meigs, Wal- lace, Ford, S. J. Bryant, Davis, Russell, Kendrick, Upson. Xew London County. — Messrs. Miner, Buell, Chipman, King, A. M. Brown, I. Gillette, Bromley, Raymond, Killeen, J. F. Brown, Morgan, Riley. Fairfield County. — Messrs. Woodman, E. H. Northrop, Jennings, Perry, Wanzer, A. B. Woodward, Sanford, Sey- mour, Stagg, 0. Hall, Gorham, Wakeman, Chichester. Windham County. — Messrs. Bugbee, L. IST. Clark, Groes- beck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, J. H. Smith, Ely, Beardsley, Whittlesey, J. F. Smith, C. H. Smith, D. T. Warner, Etheridge, Strong, Wool- son, Curtiss. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Markham, Hubbard, Purple, Nettleton, Terrill, Post. Tolland County. — Messrs. Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Phelps. Those voting Nay were : Hartford County. — Messrs. C. H. Clark, Sears, P. S. Bryant, Grant, Condell, Holcomb, Bissell. New Haven County. — Messrs. Osborn, Fisk, Lines, Hotchkiss, Wooster. New London County. — Messrs. F. T. Brown, Allyn, Hun- ington. Fairfield County. — Messrs. Davenport, Shelton, C. H. Northrop, Merritt. Litchfield County. — Mr. Brinsmade. Middlesex County. — Messrs. Coe, Blake. 288 jourtNAL OF the constitutional convention. Those absent and not voting were : Hartford Connty. — Messrs. Jarvis, Pierce, Dickinson, Redfield, Maltbie, Cheney, Cooley, Churchill, Sperry. ]^ew Haven County. — Messrs. A. D. Warner, A. E. Smith, Webb, Merwin, Whittemore, Marks, Bishop. Xew London Connty. — Messrs. Waller, Bailey, Frink, Hinckley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Dempsey, Bell, B. J. Walsh, Whitlock, Mead, Barnes. Windham County. — Messrs. Boss, Fitts, Evans, Hunt. Litchfield County. — Messrs. Hayes, Belden, Kellogg, Wright, O'Connor, Camp, Crofut, Kirby, Fyler. Middlesex County. — Messrs. Brothwell, Pelton, W. H. Smith, Hale, L'Hommedieu. Tolland County. — Messrs. J^ewcomb, Keeney, Pinney, Kinney, W. H. Hall. Whole number voting, . . . .116 Necessary for passage, . . . . .59 Those voting Yea, . . .94 Those voting 'Na.j, . . .22 By unanimous consent the vote by Yeas and ISTays on the second paragraph was dispensed with. The second paragraph of the amendment. Schedule "A," as amended by Schedules " B " and " C," prevailed. The motion to adopt Section 3 as amended prevailed. Mr. Merritt of Stamford moved that Section 4 be adopted. The motion was discussed by Messrs. Merritt of Stamford, Smith of Winchester, Clark of Haddam, Brown of Norwich, and Loomis of Glastonbury. The motion prevailed. Mr. Merritt of Stamford moved that Section 5 be adopted. The motion was discussed by Messrs. Healy of Windsor Locks and Warner of Salisbury. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 289 Mr. AVarner of Salisbury moved to amend by Schedule "A," changing the term of office of judges of probate from four years as recommended, to two years. The amendment was discussed by Messrs. Warner of Salis- bury, Brown of iSTorwich, and Holcomb of Southington. Mr. Milner of Plainfield moved to amend by Schedule " B," making the term of office eight years. The amendment was discussed by Messrs. Clark of Haddam and Guilfoile of Waterbury. The amendment, Schedule " B," did not prevail. Section 5, containing the next greatest number (four), was next put, and was adopted. The amendment. Schedule " A," was accordingly not acted on. CONVENTION RESOLUTIONS. Convention Kesolution No. 206. Mr. Warner of Salis- bury introduced a resolution adopting Sections 1, 2, 3, 4, and 5 of Article Fifth, as already favorably passed upon, as part of the proposed Constitution. The resolution was discussed by Messrs. Warner of Salis- bury, Merritt of Stamford, Osborn of ISTew Haven, and Clark of Hartford. The resolution was then passed by a rising vote. The vote was as follows : Whole number voting, . . . .95 Necessary for passage, . . . .85 Number voting Yes, . . .92 Number voting No, ... 3 The following is the article adopted as amended : c. c— 19 290 jouKXAL or the coxsTITUTIO^'AL coxvE^'TIO^^ Article Fifth. OF THE JUDICIAL DEPARTMENT. Section 1. The judicial power of the state shall be vested in a supreme court of errors, a superior court, and such in- ferior courts as the General Assembly shall, from time to time, ordain and establish; the powers and jurisdiction of which courts shall be defined by law. Sec. 2. The justices of the peace for the several towns in this state shall be appointed by the electors in such towns: and the time and manner of their election, the number for each town, and the period for which they shall hold their offices, shall be prescribed by law. They shall have such jurisdiction in civil and criminal cases as the general assembly may prescribe. Sec. 3. The judges of the supreme court of errors and of the superior court, shall, upon nomination of the governor, be appointed by the general assembly in such manner as shall by law be prescribed. They shall hold their offices for the term of eight years, but may be removed by impeachment, and the governor shall also remove them on the address of two- thirds of each house of the General Assembly. And in case any vacancy occurs in the office of a judge in the. supreme court of errors or superior court, by death or otherwise, when the General Assembly is not in session, the governor may appoint a judge to fill such vacancy, who shall continue in said office until the rising of the next General Assembly, or until the vacancy is filled by the action of the governor and the General Assembly as hereinbefore provided. No judge or justice of the peace shall be capable of holding office after he shall arrive at the age of seventy years. Any judge of the supreme court of errors or superior court who shall be retired from office on account of age shall thereupon become a state referee, whose powers shall be defined by law. The judges of the supreme court of eiTors and of the su- perior court shall receive a stated compensation to be fixed by JOUKI^AL OF THE CONSTITUTIONAL CONVENTION. 291 the legislature. Said compensation may be increased, but shall not be diminished during their terms of office. Sec. 4. Judges of the courts of common pleas and of the district courts shall be appointed for a term of six years, in the manner provided in section three for the appointment of judges of the supreme court of errors and superior courts. Judges of city courts, police courts, borough courts, and town courts shall be appointed for the term of two years. Sec. 5. Judges of probate shall be elected by the electors residing in their respective districts at the general election quadrennially. They shall hold their office for four years from the AVednesday after the first Monday of the January next succeeding their election. Convention Eesolution No. 207. Mr. Warner of Salis- bury introduced a resolution adopting Article Sixth of the present Constitution as a part of the proposed Constitution. Mr. Davenport of Bridgeport moved that the resolution be tabled. The motion did not prevail. Mr. Clark of Haddam moved that the Convention adjourn. The motion did not prevail. Mr. Osborn of jSTew Haven moved to amend by Schedule " A," striking out the word " male " wherever the same occurs in Section 2 of said article. Mr. Davenport of Bridgeport moved to amend by Schedule " B," striking out all of Section 2 and inserting in lieu thereof Convention Eesolution ISTo. 47 (See Convention Journal, January 9th). By unanimous consent, Mr. Osborn of ISTew Haven with- drew his amendment. Mr. Milner of Plainfield moved that the Convention ad- journ. The motion did not prevail. Mr. Davenport of Bridgeport moved that the resolution be tabled. 292 JOURNAL OF THE CONSTITUTIOXAL COXVEXTION. The motion did not prevail. The amendment, Schedule '' B," did not prevail. The resolution adopting Article Sixth did not prevail. The vote was as follows : Whole number voting, . . . .69 ]^ecessary for passage, . . . .85 Number voting Yes, . . .69 l^umber voting ISTo, ... On motion of Mr. ]^orthrop of Middletown, the Conven- tion, at 4.07 o'clock P. M., adjourned to meet on "Wednes- day at 11 o'clock A. M. .TOURXAL OF THE COX^TITUTIOXAL COXVEXTIOX. 293 Wednesday, April 2, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair, Prayer was offered by the Chaplain, Eev. William Martin Brown of Bloomfield. The Clerk proceeded to call the roll of the Convention. Those answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, W. M. Brown, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Mid- dleton, Grant, Redfield, Loomis, Maltbie, Cheney, Cooley, Vance, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. New Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, S. R. Woodward, Eisk, A. E. Smith, McMahon, Stevens, Griswold, Webb, Meigs, Lines, Wallace, Merwin, Ford, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Eus- sell, Kendrick, Upson, Bishop. New London County. — Messrs. Waller, F. T. Brown, Miner, Buell, Chipman, King, A. M. Brown, Bailey, L Gil- lette, Allyn, Bromley, Killeen, J. F. Brown, Huntington, Frink, Morgan, Hinckley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Wood- man, E. H. Northrop, Jennings, Perry, Shelton, Mead, Wan- zer, C. H. Northrop, A. B. Woodward, Sanford, Seymour, Barnes, Merritt, Stagg, 0. Hall, Gorliam, Wakeman. Windham County. — Messrs. Boss, Bugbee, Fitts, L. N. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, Belden, Beardsley, Whittlesey, J. F. Smith, O'Con- 294 JOURNAL OF THE CONSTITUTIONAL CONVENTION. nor, C. H. Smith, Crofiit, D. T. Warner, Kirby, Etheridge, Strong, Brinsmade, "Woolson. Middlesex County. — Messrs. D. W. N'orthrop, G. M. Clark, Markham, Brothwell, Coe, Hnbbard, Purple, Nettle- ton, Terrill, W. H. Smith, Hale, L'Hommedieii, Post. Tolland County. — Messrs. i^ewcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Keeney, Phelps, W. H. Hall, Those absent and not answering were : Hartford County. — Messrs. Jarvis, Pierce, Miller. ISTew Haven County. — Messrs. A. D. Warner, Whitte- more. New London County. — Messrs. Kaymond, Riley. Fairfield County. — Messrs. Bell, R. J. Walsh, Whitlock, Chichester. Windham County. — Messrs. Evans, Hunt. Litchfield County. — Messrs. Hayes, J. H. Smith, Kellogg, Wright, Ely, Camp, Eyler, Curtiss. Middlesex County. — Messrs. Pelton, Blake. Tolland County. — Messrs. Pinney, Kinney. Whole number answering, .... 143 Those absent and not answering, . . .25 CONVENTION RESOLUTION. Convention Resolution No. 203. (See Convention Jour- nal, March 27th.) A resolution providing that a committee of five be appointed to put the entire Constitution, when finally approved in articles by the Convention, in proper form for submission to the people and report, was taken from the table, on motion of Mr. Perry of Eairfield. The President stated that when the resolution was tabled there was an amendment pending, offered by the delegate from Salisbury, and that the question now before the Con- vention was on the passage of the amendment. The amendment. Schedule " B," was discussed by Messrs. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 295 t "Warner of Salisbury, Perry of Fairfield, Waller of New London, Brown of Norwich, and Clark of Haddam. The motion to amend by Schedule " B " did not prevail. Mr. Fisk of Branford moved to amend by Schedule " D." The amendment was discussed by Messrs. Fisk of Bran- ford, Perry of Fairfield, and AValler of New London. The amendment. Schedule " D," did not prevail. The resolution w-as then passed. The following is the resolution : Resolved by this Convention : That a committee of five be appointed to put the entire Constitution, when finally approved in articles by the Con- vention, in proper form for submission to the people, and report. APPOINTMENT OP A COMMITTEE. The President appointed the following delegates as the members of the committee raised under Convention Resolu- tion No. 203 to draft the proposed Constitution : Messrs. John H. Perry, Fairfield, Chairman. Donald T. Warner, Salisbury. Lewis Sperry, South Windsor. Frank T. Brown, Norwich. Asa B. Woodward, Norwalk. Convention Resolution No. 49. (See Convention Journal, March 27th.) A resolution concerning civil appointments by the Governor, was taken from the table, on motion of Mr. Osborn of New Haven. The President stated that at a previous session of the Con- vention the resolution had been amended by Schedule " A," and that there was now pending before the Convention an amendment, Schedule " B," offered by the delegate from Hamden. 296 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Mr. Waller of New Londou moved to amend by Sched- ule " C." The amendment was discussed by Messrs. Waller of ISTew London, Webb of Hamden, Etheridge of Thomaston, and Northrop of Middletown. By unanimous consent, Mr. Webb of Hamden withdrew his amendment. Mr. Brown of Norwich moved to amend Schedule " D." Mr. Waller of New London, who presented Schedule " C," accepted the amendment, and it was incorporated in the amendment. The amendment. Schedule " C," was then adopted. Mr. Waller of New London moved that the vote on the resolution as amended be taken by Yeas and Nays. The motion prevailed. The resolution was then passed as amended. The vote was as follows: Those voting Yea were : Hartford County. — Messrs. C. H. Clark, Holmes, W. M. Brown, Sears, Dickinson, Middleton, Grant, Redfield, Loomis. Maltbie, Cheney, Cooley, Vance, Churchill, Condell, Havens, Bartlett, Holcomb, W. H. Hall, D. E. Phelps. New Haven County. — Messrs. Osborn, D. T. Walsh, S. E. Woodward, A. E. Smith, McMahon, Stevens, Griswold, Webb, Meigs, Wallace, Merwin, Ford, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Russell, Kendrick, Upson, Bishop. New London County. — Messrs. Waller, F. T. Brown, Miner, Buell, Chipman, King, Bailey, I. Gillette, Allyn, Bromley, J. F. Brown, Frink, Morgan, Hinckley, C. A. Gal- lup. Fairfield County. — Messrs. Davenport, Dempsey, E. H. Northrop, Jennings, Perry, Shelton, Mead, C. H. Northrop, Sanford, Seymour, Barnes, Merritt, Stagg, O. Hall, Gorham, Wakeman. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 297 Windham County. — Messrs. Bngbee, Fitts, L. IST. Clark, Groesbeck, Latham, Burnham, Somes, Elliott, Waldo, Chand- ler, Bowen. Litchfield County. — Messrs. Beach, Case, Beardsley, Whittlesey, J. F. Smith, O'Connor, C. H. Smith, Crofut, D. T. Warner, Kirby, Strong, Brinsmade, Woolson. Middlesex County. — Messrs. D. W. Northrop, Markham, Brothwell, Coe, Hubbard, Purple, Nettleton, Terrill, Hale, L'Hommedieu, Post. Tolland County. — Messrs, Newcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Phelps. Those voting ISTay were : Hartford County. — Messrs. P. S. Bryant, Sperry, Healy, ]^ew Haven County. — Messrs. Fisk, Lines. ISTew London County. — Messrs. A. M. Brown, Killeen, E. B. Gallup. Fairfield County. — Messrs. Wanzer, A. B. Woodward. Windham County. — Mr. Milner. Litchfield County. — Messrs. W. B. Smith, Etheridge. Middlesex County. — Messrs. G. M. Clark, W. H. Smith. Tolland County. — Messrs. Keeney, W. H. Hall. Those absent and not voting were : Hartford County. — Messrs. Jarvis, Pierce, E. S. Gillette, Miller, Bissell, Willard. New Haven County. — Messrs. Guilfoile, A. D. Warner, Whittemore. New London County. — Messrs. Eaymond, LIuntington, Kiley. Fairfield County. — Messrs. Woodman, Bell, K. J. Walsh, Whitlock, Chichester. Windham County. — Messrs. Boss, Evans, Hunt. Litchfield County. — Messrs. Hayes, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Camp, Fyler, Curtiss. 298 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Middlesex County. — Messrs. Pelton, Blake. Tolland County. — Messrs. Pinney, Kinney. Whole number voting, . . . .133 Xecessary for passage, . . . .85 Those voting Yea, . . .116 Those voting Xay, . . .17 The following is the resolution and the amendments adopted : Resolved by this Convention : That a committee of nine be appointed to report to this Convention for its consideration a section ol* article providing that no member of the legislature shall receive any civil ap- pointment within this state from the Governor, the Governor and Senate, or from the legislature during the time for which he shall have been elected. Schedule " A." Strike out all after the enacting clause. Insert, in lieu thereof, the following, viz. : That the following article or section shall be inserted in the Constitution : " ISTo member of the General Assembly shall receive any civil appointment in this state from the Governor, the Governor and Senate, or from the General Assembly during the term for which he shall have been elected." , Schedule " C." Insert after the word " state " the words " or to the United States Senate." Insert after the words General Assembly as they appear in the next to the last line of the amendment the words " or either branch thereof." Convention Resolution Xo. 50. (See Convention Journal, January 9th.) A resolution concerning civil service in the JOURNAL OF THE CONSTITUTIONAL CONVENTION. 299 state of Connecticut, was taken from the table on motion of Mr. Osborn of New Haven. The resolution was discussed by Messrs. Osborn of New Ha- ven, Warner of Salisbury, and Clark of Haddam. The resolution was rejected by a rising vote. The vote was as follows : Whole number voting, ,. . . .94 Necessary for passage, . . . .85 Those voting Yes, . . .43 Those voting No, . . .51 ORDEE OF THE DAY FOR 11 O'CLOCK A. M. Mr. Perry of Fairfield called for the Order of the Day, which was Convention Resolution No. 44, a resolution raising a committee to report a resolution concerning the creation of private corporations. Mr. Bryant of Orange, at 12.45 o'clock P. M., moved that the Convention take a recess until 1.45 o'clock P. M. The motion prevailed. Wednesday afternoon, April 2, 1902. The Convention was called to order at 1.45 o'clock P. M., the President in the Chair. The President stated that the resolution pending before the Convention was Convention Resolution No. 44, offered by the delegate from New London, concerning the creation of private corporations. By unanimous consent Mr. Waller of New London intro- duced a substitute resolution for the one originally introduced by him, and pending before the Convention. The substitute resolution was discussed by Messrs. Waller of New London and Clark of Haddam. Mr. Fisk of Branford moved to table the resolution. 300 JOUKXAL OF THE CONSTITUTIONAL CONVENTION. The motion did not prevaiL The resolution was further discussed by Messrs. Brown of Norwich and Sperry of South Windsor. Mr. Waller of New London moved that no vote be taken in the pending resolution today. The motion prevailed. On motion of Mr. Healy of Windsor Locks, the Conven- tion, at 3.40 o'clock P. M., adjourned, to meet on Thursday, at 11 o'clock A. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 301 Thursday, April 3, 1902, The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Eev. S. W. Eobbins of Hartford. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, W. M. Brown, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Mid- dleton, Grant, Loomis, Maltbie, Cooley, Vance, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. New Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, S. R Woodward, Fisk, McMahon, Stevens, Griswold, Webb, Meigs, Lines, Wallace, Ford, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Eussell, Kendrick, Upson, Bishop. New London County. — Messrs. AValler, F. T. Brown, Miner, Buell, Chipman, King, A. M. Brown, Bailey, I. Gil- lette, Allyn, Killeen, J. F. Brown, Huntington, Frink, Hinck- ley, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Wood- man, Jennings, Perry, Whitlock, Shelton, Mead, Wanzer, C. H. Northrop, A. B. Woodward, Seymour, Barnes, Merritt, O. Hall. Windham County. — Messrs. Fitts, L. JST. Clark, Groes- beck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, Belden, J. H. Smith, Beardsley, Whittlesey, J. F. Smith, C. H. Smith, Crofut, D. T. Warner, Kirby, Etheridge, Strong, Brinsmade, Woolson. 802 JOURNAL OF THE COXSTITUTIOXAL COXVENTIOX. Middlesex County. — Messrs. D. W. Xorthrop, G. M. Clark, Coe, Hubbard, Purple, Nettleton, Terrill, ^^\ H. Smith, Hale, UHommedieu, Post. Tolland County. — Messrs. Skinner, Sumner, Collins, Charter, Storrs, Pinney, Phelps, W. H. Hall.' Those absent and not answering were : Hartford County. — Messrs. Jarvis, Pierce, Kedfield, Mil- ler, Cheney. New Haven County. — Messrs. A. E. Smith, Merwin, Whittemore. Xew London County. — Messrs. Bromley, Raymond, Mor- gan, Riley, E. B. Gallup. Fairfield County. — Messrs. E. H. :N^orthrop, Bell, R. J. Walsh, Sanford, Stagg, Gorham, Wakeman, Chichester. Windham County. — Messrs. Boss, Bugbee, Evans, Elunt. Litchfield County. — Messrs. Hayes, Kellogg, Wright, Ely, O'Connor, Camp, Fyler, Curtiss. Middlesex County. — Messrs. Markham, Brothwell, Pel- ton, Blake. Tolland County. — Messrs. Xewcomb, Hawkins, Porter,, Keeney, Kinney, W. H. Hall. Whole number answering, .... 125 Number absent and not answering, . . .43 The President stated that the resolution pending before the Convention when it adjourned on Wednesday was Conven- tion Resolution Xo. 44-, offered by the delegate from New London, concerning the creation of private corporations, and that the resolution was now before the Convention for action. Mr. Warner of Salisbury moved that the resolution be tabled. The motion prevailed. JOURNAL OF THE CONSTITUTION.AX CONVENTION. 303 CONVENTION RESOLUTIONS. Convention Resolution ISTo. 208. Mr. Fisk of Branford in- troduced a resolution providing that each town shall have full and entire control of their domestic affairs which directly concern them only. The resolution Avas tabled. Mr. Warner of Salisbury moved that the Convention recon- sider its action in passing Convention Resolution ISTo. 49, a resolution concerning civil appointments by the Governor. The motion to reconsider was discussed by Messrs. "Warner of Salisbury, Osborn of ]^ew Haven, Waller of I^ew London, Etheridge of Thomaston, Webb of Hamden, and I^orthrop of Middletown. The motion to reconsider did not prevail. Convention Resolution No. 209. Mr. Warner of Salis- bury introduced a resolution providing that the Convention adopt Article Seventh as it appears in File No. 23, as a part of the proposed Constitution. Mr. Perry of Fairfield moved to amend by Schedule " D." The motion to amend was discussed by Mr. Perry of Fairfield. Mr. Etheridge of Thomaston moved to amend by Schedule " E.." The motion to amend by Schedule "E" did not prevail. The motion to amend by Schedule " D " prevailed. The resolution adopting Article Seventh as amended then prevailed by a rising vote. The vote was as follows : Whole number voting, . . . . .105 Necessary for passage, . . . . .85 Those voting Yes, . . . .105 Those voting No, .... Mr. Perry of Fairfield moved that the Convention rec(!ii- sider its action in adopting Article Seventh as amended. 304 JOUEXAL OF THE COXSTITUTIOXAL COXVEXTION. The motion was discussed by Messrs. Perry of Fairfield, Davenport of Bridgeport, Brown of Norwich, and Loomis of Glastonbury, The motion to reconsider prevailed. The vote was as follows : Whole number voting, ..... 68 Necessary for passage, . . . . .35 Those voting Yes, . . . .64 Those voting No, .... 4 Mr. Warner of Salisbury raised the point of order that as it required eighty-five votes to adopt the article as amended, it should require eighty-five votes in the affirmative to have the motion to reconsider prevail. The President ruled that the point of order was not well taken. Mr. Loomis of Glastonbury appealed from the ruling of the President. By the consent of the President the appeal was discussed by Messrs, Loomis of Glastonbury, Collins of Columbia, Smith of Winchester, Osborn of New Haven, and Northrop of Mid- dletown. Mr. Fisk of Branford raised the point of order that Article Seventh, having been once reconsidered, could not according to the rules be reconsidered again. The President ruled that the point of order could not be entertained until the pending appeal from the ruling of the President w^as disposed of. The appeal from the ruling of the President was not sus- tained by the Convention. Mr. Perry of Fairfield moved to amend by Schedule " D." The motion prevailed. Mr. Perry of Fairfield moved to amend by Schedule " F." The motion prevailed. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 306 Mr. Perry of Fairfield moved the adoption of Article Seventh as it appears in File Xo. 23, as amended. The motion prevailed by a rising vote. The vote was as follows : Whole number voting, . . . . .92 Necessary for passage, . . . , .85 Those voting Yes, . . . .92 Those voting No, .... The following are the amendments : Schedule " D." In Section 1, line 15, and Section 2, line 2, strike out the words " of Christians." In Section 1, line 14, and Section 2, line 2, before the word ^' society," insert the word " religious." Schedule " F." In Section 1, line 23, before the words " in any other man- ner," insert the following : " by funds obtained," and between the words " other " and " manner " insert the word " lawful." The following is the Article adopted, as amended : Article Seventh. OF EELIGIOX. Section 1. It being the duty of all men to worship the Supreme Being, the Great Creator and Preserver of the Uni- verse, and their right to render that worship in the mode most consistent with the dictates of their consciences, no per- son shall by law be compelled to join or support, nor be classed with, or associated to, any congregation, church, or religious association. But every person now belonging to such congre- gation, church, or religious association shall remain a member c. c— 20 306 JOURNAL OF THE CONSTITUTIONAL CONVENTION, thereof until he shall have separated himself therefrom, in the manner hereinafter provided. And each and every re- ligious society or denomination in this State shall have and enjoy the same and equal powers, rights, and privileges; and shall have power and authority to support and maintain the ministers or teachers of their respective denominations, and to build and repair houses for public worship, by a tax on the members of any such society only, to be laid by a major vote of the legal voters assembled at any society meeting, warned and held according to law, or by funds obtained in any other lawful manner. Sec. 2. If any person shall choose to separate himself from the religious society or denomination to which he may belong, and shall leave a written notice thereof with the clerk of such society, he shall thereupon be no longer liable for any future expenses which may be incurred by said society. REPORT OF A COMMITTEE. Convention Resolution No. 41. (See Convention Journal, January 8th.) Mr. Merritt of Stamford, chairman of the committee appointed to consider and report on Article Fifth of the Judicial Department of the proposed Constitution, pre- sented the following resolution. Convention Resolution No. 41, a resolution that the jurisdiction of the Supreme Court of Errors shall extend to errors ooth of law and fact, as a ma- jority report of said committee recommending that the same be adopted by the Convention. The report is as follows : The section proposed by File No. 79 is intended to cover the same point as was covered by section 7 of chapter 174 of the Public Acts of 1893, which is as follows : " Sec. 7. Either party may appeal, from any finding or refusal to find any fact, to the Supreme Court of Errors in the manner now by law provided." JOUKNAL OF THE CONSTITUTIONAL CONVENTION. 307 This same subject was again the subject of legislation in the acts of 1897, chapter 194, section 10, in which it is pro- vided : " Sec. 10. Every such exception may be assigned as a reason of appeal, and the Supreme Court of Errors shall re- view all questions of fact raised by such appeals, and if it ap- pears that the finding of the court does not present the ques- tions of law decided by the trial court, said Supreme Court of Errors shall correct said finding. And if the Supreme Court of Errors shall find that material facts have been found against the evidence, or without evidence, or material facts have been proved and not found, the court shall grant a new trial." With regard to the act of 1893 the supreme court held that it could not under the Constitution review questions of fact. The syllabus of the case of Styles vs. Tyler, 64 Conn., 432, is as follows : " The Supreme Court of Errors, as established by the Con- stitution of this state, is a court of last resort for the correction of errors, and its jurisdiction as described in the Constitution relates to the determination of principles of law, and not to the trial or retrial of pure questions of fact. " In view of such jurisdiction, Chapter 174 of the Public Acts of 1893 cannot be construed as requiring this court to determine, upon evidence spread upon the record, questions of pure fact settled by the judgment of the trial court." The decision in this case was by a bare majority of the court, while two dissented. Erom the dissenting opinion of Judge Baldwin we take the following extract as giving a clear historical statement of the question involved : It is asserted in the opinion of the court that the creation of a Supreme Court of Errors in 1874 " w^as the deliberate adoption into our system of judicature of the fundamental principle, which has ever since characterized it, that the cer- tainty of our jurisprudence as well as the security of parties litigant depends upon confining the jurisdiction of a court 308 JOURNAL OF THE CONSTITUTIONAL CONVENTION. of last resort to the settlement of rules of law; " or, as it. is elsewhere phrased, " the underlying principle involved was that the administration of justice is not safe when the court of last resort for the settlement of the law, in the exercise of an absolute and final power, can render judgment on facts and law so intermingled that its decision is not simply the declaration of the law but may become the arbitration of the case." This principle, it is affirmed, was incorporated in our Constitution by force of the name given to this court, because it " expressed the conviction of the people that a jurisdiction of mixed law and fact vested in any court of last resort, ex- ercising a supreme and uncontrolled power, was inconsistent with a sound system of jurisprudence and was dangerous to the administration of justice." But the framers of our Con- stitution were familiar with the practice of English chancery, as well as with that in the courts of the United States. A party aggrieved by a decree of the Lord Chancellor could al- ways appeal, and have his case reheard on the same evidence in the House of Lords. 2 Madd. Ch., 435. In chancery only were the facts determined by the court, and while Eng- land was content to make the verdict of a jury final, in ordi- nary cases, it refused from the first to accord similar respect to the findings of any single judge. The Judiciary Act of the United States, adopted by Congress in 1789, and which was largely the work of one of the greatest lawyei*s and judges of Connecticut, Oliver Ellsworth, followed in the same lines, by restricting the appellate jurisdiction of the Supreme Court, in actions at law, to the remedy by writ of error, while giving a general appeal from final decrees in equity or admiralty. In 1Y96 Ellsworth, as Chief Justice of the Supreme Court of the United States, referred to this distinction as to the right of re- view, in these words : " An appeal is a process of civil law origin, and removes a cause entirely; subjecting the fact as well as the law, to a review and re-trial; but a writ of error is a process of common law origin, and it removes nothing for re- JOUKNAL OF THE CONSTITUTIONAL CONVENTION. 309 exainiiiation but the law." "VViscart vs. Dauchy, 3 Dallas, 327. Pierpont Edwards, the chairman of the committee ap- pointed by the Convention of 1818 to report a draft of a Constitution, and who, as such, reported this article as to the judiciary, was, at the time, the judge of the District Court of the United States for this district. Stephen Mix Mitchell, William Bristol, Nathan Smith, Alexander Wolcott (who had been nominated by President Madison a few years before as an associate justice of the Supreme Court of the United States), William Hungerford, John S. Peters, and others familiar with the practice in the Federal courts, were mem- bers of the convention. Then, as now, this mode of re-hear- ing equity causes in those courts, on appeal, upon both fact and law, was familiar and acceptable to the bar. It was sel- dom that the appellate court differed from the trial court in its conclusions of fact, and only when they were deemed to be clearly against the weight of evidence. For over a century the Supreme Court of the United States has exercised this " jurisdiction of mixed law and fact," in a large and import- ant class of causes, with " supreme and uncontrolled power," and Congress has recently given similar powers to the Circuit Courts of Appeals. I cannot believe that the Convention of 1818 was convinced that the existence of such a jurisdiction " was inconsistent wath a sound system of jurisprudence, and was dangerous to the administration of justice." Similar legislation to that of the United States has been had (following the English chancery practice) in many of our States, and has occasioned no inconvenience which has not been thought to be outweighed by the advantages gained. Eeed vs. Keed, 114 Mass., 372; Baird vs. Mayor, 96 N. Y., 567; Worrall's Appeal, 110 Pa. State, 349; 1 Atlantic Rep., 380; Deacon vs. Van Xuys, 129 Ind., 580; 28 Northeastern Rep., 865; Baker vs. Rockabrand, 118 Ills., 365; 8 North- eastern Rep., 546; Code of Iowa, Sec. 2472; See also Public Statutes of R. I., Rev. of 1882, p. 526, Sec. 8. 310 JOURNAL or THE COXSTITUTIOXAL CONVENTIOX. The opinion of the court declares that " the Supreme Court of Errors is not a supreme court for all purposes, but a supreme court only for the correction of errors in law; if its jurisdiction also included the determination of facts, it would then be supreme for all purposes, and its name a misnomer." This seems to me to confuse a jurisdiction for the determina- tion of facts with a jurisdiction for the determination of errors of fact. If a trial, court comes to erroneous conclusions of fact, the revision of its action, bj correcting the errors in its conclusions, is a determination of the facts, only as a mode of the redress of errors. In many cases, indeed, a finding of fact may be, of itself, an error of law. It is so when it is made w^ithout any evidence of the fact, as to matters not the subject of judicial notice. The E. A. Packer, 140 U. S., 360; Mason vs. Lord, 40 K Y., 476. And to refuse to find a material fact which was in issue and was proved by uncon- tradicted evidence, is also an error of law. U. S. vs. Adams, 9 Wall., 661; Commercial Union Assurance Co. vs. Scam- mon, 126 Ills., 355; 18 Northeastern Eep., 562; Whitman vs. Winchester Repeating Arms Co., 55 Conn., 247; Kennedy vs. Porter, 109 X. Y., 526; 17 Northeastern Rep., 426; Bed- low vs. N. Y. Floating Dry Dock Co., 112 N. Y., 263; 19 Northeastern Rep., 800; Eernald vs. Bush, 131 Mass., 591. The law as stated by the majority of the court has since been reaffirmed and may now be considered as the settled law of this State, namely, that the Supreme Court will not review a case on a question of fact. The situation thus is that difiicult and important questions of fact are tried before one man, and his decision is absolutelv final, with no review whatsoever. This practice is at least unusual, for it does not exist either in England or in the United States courts, or so far as the committee is aware, in the practice of any of the States of this Union. Inasmuch as in the practice of this State more than the JOURNAL OF THE CONSTITUTIOIVAL CONVENTIOX. 311 usual number of cases are tried before the judge alone, it ap- pears to be more than usually important that an appeal shall lie to some court, so that the conclusions of fact, which are in many cases the principal questions, should be capable of review. It is shown by our reports that a large proportion of cases decided by judges are reversed for errors in law. These questions of law are no more difficult or intricate than many questions of fact, and a judge is just as liable to make error in findings of fact as he is in findings of law, and the same reasons of justice require that his conclusions on questions of fact should be reviewable on appeal. Your committee therefore recommend the adoption of the resolution. By order of the committee (the delegate from Vernon not concurring). SCHUYLER MERRITT, Chairman. On motion of Mr. Merritt of Stamford, the report was tabled, and ordered printed in the Journal. CONVENTION RESOLUTION. Convention Resolution Xo. 210. Mr. Warner of Salis- bury introduced a resolution adopting Article Sixth of the present Constitution, concerning the qualifications of electors, as a part of the proposed Constitution. The resolution was discussed by Messrs. Davenport of Bridgeport, Waller of ISTew London, and Clark of Haddam. The resolution was then passed by a rising vote. The vote was as follows: Whole number voting, . . . .113 Necessary for passage, . . . . .85 Number voting Yes, . . . 110 Number voting No, ... 3 312 JOURNAL OF THE CONSTITUTIONAL CONVENTION. The following is the Article adopted: Article Sixth. OF THE qualificatio:n^s of electors. Section 1. All persons who have been, or shall hereafter, previous to the ratification of this Constitution, be admitted freemen, according to the existing laws of this State, shall be electors. Sec. 2. Every male citizen of the United States who shall have attained the age of twenty-one years, who shall have resided in this State for a term of one year next preceding, and in the town in which he may offer himself to be admitted to the privileges of an elector, at least six months next preced- ing the time he may so offer himself, and shall be able to read ill the English language any article of the Constitution or any section of the Statutes of this State, and shall sustain a good moral character, shall, on his taking such oath as may be pre- scribed by law, be an elector. Sec. 3. The privileges of an elector shall be forfeited by a conviction of bribery, forgery, perjury, duelling, fraudu- lent bankruptcy, theft, or other offense for which an infamous punishment is inflicted. But the General Assembly shall have power, by vote of two-thirds of the members of both branches, to restore the privileges of an elector to those who may have forfeited the same by a conviction of crime. Sec. 4. Every elector shall be eligible to any office in this State, except in cases provided for in this Constitution. Sec. 5. The selectmen and town clerk of the several towns shall decide on the qualifications of electors, at such times and in such manner as may be prescribed by law. Sec. 6. Laws shall be made to support the privilege of free suffrage, prescribing the manner of regulating and conduct- ing meetings of the electors, and prohibiting, under adequate penalties, all under influence therein, from power, bribery, tumult, and other improper conduct. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 313 Sec. 7. In all elections of officers of the State, or members of the General Assembly, the votes of the electors shall be by ballot. Sec. 8. At all elections of officers of the State, or members of the General Assembly, the electors shall be privileged from arrest during their attendance upon and going to and return- ing from the same, on any civil process. Mr. Warner of Salisbury moved to take from the table Coaivention Resolution No, 44, a resolution concerning the creation of private corporations. The motion prevailed. The resolution was discussed by Messrs. Brown of Norwich and Guilfoile of Waterbury. Mr. Warner of Salisbury moved to amend by Convention Resolution No. 211, a resolution concerning the creation of private corporations under a general law. Mr. Warner of Salisbury moved that his amendment be tabled and printed for the files. The motion prevailed. On motion of Mr. Bryant of East Hartford, the Conven- tion, at 1.10 o'clock P. M., adjourned, to meet on Tuesdav, April 8th, at 12.30 o'clock P. M. 314 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Tuesday, April 8, 1902. The Convention was called to order at 12.30 o'clock P. M., the President in the Chair. Prayer was oilered by the Chaplain, the Kev. William Martin Brown of Bloomfield. The Clerk proceeded to call the roll of the Convention.- Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, E. S. Gillette, Sears, P. S. Bryant, Middleton, Loomis, Miller, Cooley, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. Xew Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, Fisk, A. E. Smith, McMahon, Stevens, Griswold, Webb, Meigs, Lines, AYallace, Ford, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Kendrick, Russell. New London County. — Messrs. Waller, F. T. Brown, Miner, Buell, Chipman, King, A. M. Brown, Bailey, I. Gil- lette, Allyn, Bromley, Killeen, J. F. Brown, Frink, Hinck- ley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Woodman, E. H. N'orthrop, Bell, Jennings, Perry, Whitlock, Shelton, Mead, Wanzer, C. H. Northrop, A. B. Woodward, Sanford, Sey- mour, Barnes, Merritt, Stagg, Wakeman, Chichester. Windham County. — Messrs. Bugbee, Fitts, L. N. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Whit- tlesey, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Kirby, Etheridge, Fyler, Strong, Brinsmade, Woolson, Curtiss. .TOURXAL OF THE COXSTITUTIOXAL CONVE]\'TION. 315 Middlesex County. — Messrs. D. W. Xorthrop, G. M. Clark, Pelton, Coe, Hubbard, Purple, Blake, N'ettleton, 'J'er- rill, Hale, L'Hommedieu, Post. Tolland Countv. — Messrs. Skinner, Sumner, Collins, Charter, Porter, Storrs, Pinney. Those absent and not answering were : Hartford County. — Messrs. Pierce, Dickinson, Grant, Redfield, Maltbie, Cheney, Vance. New Haven County. — Messrs. A. D. Warner, S. R. Woodward, Merwin, Whittemore, Upson, Bishop. jSTew London County. — Messrs. Raymond, Huntington, Morgan, Riley. Fairfield County. — Messrs. Dempsey, R. J. Walsh, O. Hall, Gorham. Windham County. — Messrs. Boss, Evans, Hunt, Chandler. Litchfield County. — Messrs. Hayes, Beardsley. Middlesex County. — Messrs. Markham, Brothwell, W. H. Smith. Tolland County. — Messrs. !N'ewcomb, Hawkins, Iveeney, Kinney, Phelps, W. H. Hall. Whole number answering, .... 130 ISTumber not answering, . . , ,38 The President stated that the resolution pending before the Convention when it adjourned on Thursday was Convention Resolution No. 44, offered by the delegate from New Lon- don, concerning the creation of private corporations, and that a motion by Mr. Warner of Salisbury to amend the resolution by Convention Resolution No, 211, was now before the Con- vention for action. Mr. Osborn of Nfew Haven moved that the resolution be tabled. The motion prevailed. Mr. Osborn of New Haven introduced two resolutions 316 JOURNAL OF THE CONSTITUTIONAL CONVENTION. adopted by a Republican city convention in New Haven, and moved that the first of the two resolutions, Convention Reso- lution Xo,. 212 be printed. The motion was discussed by Messrs. Osborn of New Haven and Warner of Salisbury. The motion prevailed. Convention Resolution JSTo. 44. (See Convention Journal, April 8th.) A resolution concerning the creation of private corporations, was taken from the table, on motion of Mr. Waller of New London. Mr. Waller of New London moved to amend the amend- ment by Schedule " B." The amendment was discussed by Messrs. Brown of Nor- wich, Clark of Haddam, Walsh of Ansonia, Warner of Salis- bury, Fisk of Branford, Davenport of Bridgeport, Webb of Hamden, Clark of Hartford, and Sperry of South Windsor. [Mr. Clark of Hartford in the Chair.] The amendment was further discussed by Mr. Waller of New London. On motion of Mr. Strong of Warren, the Convention, at 4.35 o'clock P. M., adjourned, to meet on Wednesday, at 11 o'clock A. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 317 Wednesday, April 9, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Kev. Charles H. Smith of Plymouth. The Clerk proceeded to call the roll of the Convention. Those answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W, M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Loomis, Maltbie, Miller, Cooley, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, Bis- sell, W. H. Hall, Willard, D. E. Phelps, Healy. ISTew Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, S. E. Woodward, Fisk, A. E. Smith, Stevens, Griswold, Meigs, Lines, Wallace, Eord, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Kussell, Kendrick, Upson. 'New London County. — Messrs. Waller, F. T. Brown, Miner, Buell, Chipman, King, A. M. Brown, Bailey, I. Gil- lette, Allyn, Bromley, Killeen, J. F. Brown, Huntington, Frink, Riley, Hinckley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Wood- man, E. H. ISTorthrop, Bell, Jennings, Perry, Whitlock, Shelton, Mead, Wanzer, C. H. Northrop, A. B. Woodward, Sanford, Seymour, Barnes, Merritt, Stagg, O. Hall, Wake- man, Chichester. Windham County. — Messrs. Boss, Bugbee, Fitts, L. X. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Chandler, Bowen. 318 JOUKNAL OF THE CONSTITUTIONAL CONVENTION. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Belden, J. H. Smith, Kellogg, Wright, Ely, Beardsley, Whittlesey, J. F. Smith, O'Connor, C. H. Smith, Crofiit, D. T. Warner, Kirby, Etheridge, Eyler, Strong, Brinsraade, Woolson, Cnrtiss. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Coe, Hubbard, Purple, I^ettleton, W. H. Smith, Hale, Post. Tolland County. — Messrs. Skinner, Sumner, Collins, Charter, Porter, Storrs, Keeney, Pinney, W. H. Hall. Those absent and not answering were : Hartford County. — Messrs. Piedfield, Cheney, Vance. New Haven County. — Messrs. McMahon, Webb, Mer- win, AVhittemore, Bishop. Nfcw London County. — Messrs. Raymond, Morgan. Fairfield County. — Messrs. R. J. AValsh, Gorham. AVindham County. — Messrs. Evans, Hunt. Litchfield County. — Messrs. Hayes, Mallett, Camp. Middlesex County. — Messrs. Markham, Brothwell, Pel- ton, Blake, Terrill, L'Hommedieu. Tolland County. — Messrs. New^comb, Hawkins, Kinnev, Phelps. Whole number answering, .... 141 Those absent and not answering, . . .27 The President stated that the resolution pending before the Convention when it adjourned on Tuesday w\as Conven- tion Resolution No. 44 offered by the delegate from New London concerning the creation of private corporations, and that two amendments were now pending to the resolutions: Schedule " A " offered by the delegate from Salisbury and Schedule " B " offered by the delegate from New London, and that the immediate question before the Convention was on the passage of the amendment Schedule " B." JOUKXAL OF THE CONSTITUTIONAL CONVENTION. 319 The amendment Avas discussed by Mr. AValler of New London. By unanimous consent Mr. Waller of Xew London sub- stituted an amendment for the one previously offered by him as Schedule " B." Mr. Perry of Fairfield introduced a proposed amendment, Schedule '' C," and moved that it be tabled. The motion prevailed. Mr. Perry of Fairfield moved that the resolution, to- gether with the various amendments and the entire subject of special legislation, be referred to a committee of nine, who shall report thereon not later than Tuesday, April 15th, at 1 o'clock P. M. The motion was discussed by Messrs. Clark of Haddam, Loomis of Glastonbury, Milner of Plainfield, Strong of War- ren, Warner of Salisbury, Osborn of ISTew Haven, and Perry of Fairfield. The motion prevailed. Mr. Davenport of Bridgeport moved that Convention Reso- lution Xo. 69, a resolution classifying the several cities of the State, and providing for charters applicable to the several classes, be taken from the table, and referred to the com- mittee just raised. The motion prevailed. Mr. Merritt of Stamford moved that the report of the com- mittee appointed to consider and report on Article Fifth of the Judicial Department, Convention Resolution ISTumber 41, a resolution concerning the jurisdiction of the Supreme Court, be made the Order of the Day for this Wednesday afternoon at 2 o'clock P. M. The motion prevailed. Mr. Merritt of Stamford, at 1.40 o'clock P. M., moved that the Convention take a recess until 2 o'clock P. M. The motion prevailed. 320 .lOl'KXAL 01"' THE CONSTITUTIOX AL CONVENTION. Wednesday afternoon, April 9, 1902. The Convention was called to order at 2 o'clock P. M., the President in the Chair. APPOINTMENT OF A COMMITTEE. The President announced the appointment of the following committee to consider and report on the entire subject of special legislation. Messrs. I^orthrop of Middletown, chairman, Holcomb of Southington, Webb of Hamden, Cheney of Manchester, Curtiss of Woodbury, Pinney of Stafford, Brown of Griswold, Boss of Windham, Sanford of Redding. ■ [Vice-President Peny in the Chair.] ORDER OF THE DAY FOR 2 O'CLOCK P. M. Convention Resolution No. 41. A resolution extending the jurisdiction of the Supreme Court of Errors to errors both of law and fact. The resolution was discussed by Messrs. Merritt of Stam- ford, Davenport of Bridgeport, Andrews of Litchfield, Waller of New London, and Walsh of Ansonia. Mr. Warner of Salisbury moved to amend by Schedule "A." JOUKNAL OF THE CONSTITUTIONAL CONVENTION. 321 The amendment was accepted by Mr. Merritt of Stamford. The resolution as amended was discussed by Messrs. War- ner of Salisbury, Walsh of Ansonia, Andrews of Litchfield, Brown of Xorwich, Guilfoile of Waterbury, and Pierce of Bristol. On motion of Mr. Merritt of Stamford, the previous ques- tion was ordered. The amended resolution was then passed by a rising vote. The vote was as follows : Whole number voting, . . . . .95 ^N^ecessary for passage, . . . . .85 Those voting Yes, . . . .89 Those voting No, .... 6 The amended resolution is as follows : Resolved by this Convention : The General Assembly may ordain and establish a court or tribunal, composed of not less than three of the judges of the Superior Courts, to review and pass upon errors of fact. CONVENTION RESOLUTIONS. Convention Eesolution JSTo. 213. Mr. Waller of Xew London introduced a resolution providing for the appoint- ment of County Commissioners. The resolution was tabled, on motion of Mr. Waller of ]^ew London. Convention Resolution Xo. 214. Mr. Waller of Xew Lon- don introduced a resolution constituting the Governor, Lieu- tenant-Governor, Secretary, Treasurer, and Comptroller as a State Board of Pardons. The resolution was discussed by Mr. Waller of New London. During Mr. Waller's speech, Mr. Clark of Haddam rose to a question of privilege, and moved to adjourn. c. c— 21 322 JOURNAL OF THE CONSTITUTIONAL CONVENTION. The Vice-President ruled that a motion to adjourn was not a question of privilege, and was not in order while a mem- ber was speaking. [The President in the Chair.] RESIGNATION FROM A COMMITTEE. Mr. iS'orthrop of Middletown, chairman of the committee appointed to consider and report on special legislation, stated that owing to business reasons Mr. Cheney of Manchester de- sired to be excused from serving on the committee. Mr. Waller of jSTew London moved that Mr. Cheney's re- quest be granted, and that he be excused from serving on the committee. The motion prevailed. The President appointed Mr. Bryant of East Hartford as a member of the committee to consider and report on special legislation. On motion of Mr. Clark of Haddam the Convention, at 4.05 o'clock P. M., adjourned, to meet on Thursday at 11 o'clock A. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 323 Thursday, April 10, 1902. The Convention was called to order at 11 o'clock A, M., the President in the Chair. Prayer was offered by the Chaplain, the Rev. William Martin Brown of Bloomfield. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, W. M. Brown, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Grant, Loomis, Maltbie, Miller, Cooley, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, W. H. Hall, D. E. Phelps, Healy. New Haven County. — Messrs. Osborn, Guilfoile, A. D. Warner, S. E. Woodward, Eisk, A. E. Smith, McMahon, Stevens, Griswold, Meigs, Lines, Wallace, Eord, Marks, S. J. Bryant, Davis, Hotchkiss, Russell, Kendrick, Upson, Bishop. K'ew London County. — Messrs. Waller, F. T. Brown, Miner, Buell, King, A. M. Brown, Bailey, I. Gillette, AUyn, Bromley, Killeen, J. F. Brown, Erink, Riley, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Wood- man, E. H. ^Northrop, Bell, Jennings, Perry, Shelton, Wan- zer, C. H. Xorthrop, A. B. Woodward, Sanford, Seymour, Barnes, Merritt, Stagg, O. Hall, Wakeman. Windham County. — Messrs. Fitts, L. N. Clark, Groes- beck, Latham, Burnham, Somes, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beards- ley, Whittlesey, J. F. Smith, O'Connor, C. H. Smith, Crofut, D. T. Warner, Kirby, Etheridge, Strong, Brinsmade, Wool- son, Curtiss. 324 JOURNAL OF THE CO^'STITUTIO^^AL CONVENTIO^^ Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Hubbard, Purple, Nettleton, Terrill, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. NeAvcomb, Skinner, Sumner, Collins, Charter, Porter, Storrs, Pinney. Those absent and not answering were : Hartford County. — Messrs. Jarvis, Pierce, Middleton, Redfield, Cheney, Vance, Bissell, Willard. New Haven County. — Messrs. D. T. Walsh, Webb, Mer- win, Whittemore, Wooster. New London County. — Messrs. Chipman, Raymond, Huntington, Morgan, Hinckley, E. B. Gallup. Fairfield County. — Messrs. E. J. Walsh, Whitlock, Mead, Gorham, Chichester. Windham County. — Messrs. Boss, Bugbee, Evans, Milner, Hunt. Litchfield County. — Messrs. Hayes, Camp, Eyler. Middlesex County. — Messrs. Markham, Brothwell, Pel- ton, Coe, Blake. Tolland County. — Messrs. Hawkins, Keeney, Kinney, Phelps, W. H. Hall. Whole number answering, . . . .126 Absent and not answering, , . . .42 The President stated that the resolution pending before the Convention when it adjourned on Wednesday was Con- vention Resolution No. 214, offered by the delegate from New London, constituting the Governor, Lieutenant-Gover- nor, Secretary, Treasurer, and Comptroller as a State Board of Pardons, and that this resolution was the business before the Convention. The resolution was discussed by Messrs. Waller of New London, Holcomb of Southington, Warner of Salisbury, JOURNAL OF THE CONSTITUTIONAL CONVENTION. S2t Davenport of Bridgeport, Osborn of ISTew Haven, Skinner of Andover, and Clark of Haddam. The resolution, on a rising vote, did not prevail. The vote was as follows : Whole number voting, . . . . .106 Necessary for passage, . . . . .85 ISTumber voting Yes, . . . 24 Number voting jSTo, . . .82 CONVENTION RESOLUTIONS. Convention Resolution No. 215. Mr. Osborn of New Haven introduced a resolution passed by the New Haven Trades Council concerning representation. Convention Resolution No. 216. Mr. Osborn of New Haven introduced a resolution passed by the New Haven Business Men's Association concerning representation. Mr. Osborn of New Haven moved that both the resolutions be tabled and printed for the files. The motion was discussed by Messrs. Warner of Salisbury, Osborn of New Haven, Groesbeck of Chaplin, Hotchkiss of Prospect, and Loomis of Glastonbury. The motion prevailed. Convention Resolution No. 217. Mr. Warner of Salisbury introduced a resolution adopting Section 11 of Article Fourth of the present Constitution as part of the proposed Consti- tution. The resolution was passed by a rising vote. The vote was as follows: Whole number voting, ..... 105 Necessary for passage, . . . . .85 Number voting Yes, . . . 104 Number voting No, ... 1 326 JOURNAL OF THE CONSTITUTIONAL CONVENTION. The f olloAving is the Section adopted : Sec. 11. The Governor shall have power to grant re- prieves after conviction in all cases except those of impeach- ment, until the end of the next session of the General Assem- bly, and no longer. Convention Resolution ISTo. 213. (See Convention Jour- nal, April 9th.) A resolution concerning the appointment of County Commissioners was taken from the table, on mo- tion of Mr. Waller of New London. The resolution was discussed by Mr. Waller of New London. Mr. Guilfoile of Waterbury moved to amend the resolution by Schedule " A," being Convention Resolution No. 93 (see Convention Journal, January 16th). The amendment was discussed by Messrs. Guilfoile of Waterbury and Waller of New London. Mr. Loomis of Glastonbury moved to amend by Schedule " B," providing for the election of County Commissioners in each county by the electors therein. The amendment was discussed by Messrs. Loomis of Glas- tonbury, Clark of Haddam, Holcomb of Southington, and Waller of New London. Mr. Waller of New London, by unanimous consent, sub- stituted for his original resolution, a resolution providing that no officers having power to grant or revoke liquor licenses shall be appointed except by the Superior Court or by the General Assembly on nomination by the Governor. The resolution was discussed by Mr. Brown of Norwich, Mr. Guilfoile of Waterbury moved that when the vote be taken it be by Yeas and Nays. The motion did not prevail. The amendment, Schedule " B," did not prevail. The amendment, Schedule " A," did not prevail. On a rising vote the resolution did not prevail. JOUKSTAL OF THE CONSTITUTIONAL CONVENTION. 327 The vote was as follows : Whole number voting, . . . . .96 Necessary for passage, . . . . .85 JSTumber voting Yes, . . .82 Number voting No, . . .14 Convention Resolution No. 218. Mr. Davenport of Bridgeport introduced a resolution providing that the Gen- eral Assembly may confer upon women all the electoral privi- leges granted to men. The resolution was discussed by Mr. Davenport of Bridge- port. The resolution did not prevail. Mr. Waller of New London moved that the Convention reconsider its action on Convention Resolution No. 213, con- cerning the appointment of County Commissioners. The motion prevailed. Mr. Waller of New London moved that Convention Reso- lution No. 213 be made the Order of the Day for Wednesday, April 16th, at 12 o'clock M. The motion prevailed. On motion of Mr. Etheridge of Thomaston, the Conven- tion, at 1.14 o'clock P. M., adjourned, to meet on Tuesday, at 12.30 o'clock P. M. 328 JOURNAL OF THE CONSTITUTIONxlL COXVEXTIOX. Tuesday, April 15, 1902. The Convention was called to order at 12.30 o'clock P. M., the President in the Chair. Prayer was offered by the Chaplain, the Rev. Charles H. Smith of Plymouth. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Loomis, Maltbie, Cheney, Cooley, Churchill, Condell, Havens, Bartlett, Holcomb, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. ISTew Haven County, — Messrs. Osborn, Guilfoile, D. T. Walsh, S. R. Woodward, Fisk, McMahon, Stevens, Griswold, Webb, Meigs, Lines, Wallace, Ford, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Russell, Kendrick, Upson. ]^ew London County. — Messrs. Waller, F. T. Brown, Miner, Buell, Chipman, King, A. M. Brown, Bailej^, I. Gil- lette, Allyn, Bromley, Killeen, J. F. Brown, Huntington, Frink, Hinckley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Wood- man, Bell, Perry, Whitlock, Shelton, Mead, Wanzer, C. H. Northrop, Sanford, Seymour, Barnes, Merritt, Stagg, O. Hall, Gorham, Wakeman. Windham County. — Messrs. Boss, Bugbee, Fitts, Evans, L. ]Sr. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, Kellogg, Wright, Beardsley, Whit- tlesey, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, JOURNAL OF THE CONSTITUTIONAL CONVENTION. 329 D. T. "Warner, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex Connty. — Messrs. D. W. Northrop, G. M. Clark, Markliam, Coe, Hubbard, Purple, Blake, JSFettleton, Terrill, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Skinner, Sumner, Collins, Charter, Porter, Storrs, Pinney, Kinney, W. H. Hall. Those absent and not answering were : Hartford County. — Messrs. Pierce, Redfield, Miller, Vance, Sperry. ISTew Haven County. — Messrs. A. D. Warner, A. E. Smith, Merwin, Whittemore, Bishop. JSTew London County. — Messrs. Raymond, Morgan, Riley. Fairfield County. — Messrs. E. H. jSTorthrop, Jennings, R. J. Walsh, A. B. Woodward, Chichester. Windham County. — Mr. Hunt. Litchfield County. — Messrs. J. H. Smith, Ely, Kirby, Fyler. Middlesex County. — Messrs. Brothwell, Pelton, W. H. Smith. Tolland County. — Messrs. ISTewcomb, Hawkins, Keeney, Phelps. Whole number answering, . . . .138 Those absent and not answering, . . .30 REPORT OF A COMMITTEE. Mr. Xorthrop of Middletown, chairman of the committee to which was referred the resolutions concerning special legis- lation and the classification of municipal charters (see Con- vention Journal, April 9th), presented the following report : The committee of nine to which was referred Convention Resolutions Nos. 44 and 210 and proposed amendments thereto concerning the creation of corporations and special legislation, and iSTo. 69 concerning classification of municipal 330 JOURNAL OF THE CONSTITUTIONAL CONVENTION. charters, have the honor to submit the following unanimous report : That they have had the said resolutions and amendments under consideration, and are of opinion that none of them ought to pass, believing that it is wiser and safer to leave the matters involved therein wholly in the power of the General Assembly than to hazard an attempt to place regulations and restrictions in the constitution. By order of the committee, D. WAKD NOKTHKOP, Chairman. Hartford, April 15, 1902. The report was explained by Mr. Northrop of Middletowu. Mr. Brown of JSTorwich moved that the report be accepted. Mr. Loomis of Glastonbury moved to amend the motion by adding thereto, " and that the Convention concur in the recom- mendations of the committee." The amendment was discussed by Messrs. Waller of New London, Davenport of Bridgeport, Brown of Norwich, Webb of Hamden, and Northrop of Middletown. Mr. Loomis of Glastonbury withdrew his amendment. The motion of Mr. Brown of Norwich was discussed by Messrs. Clark of Haddam and Perry of Fairfield. Mr. Brown of Norwich withdrew his motion. Mr. Waller of New London moved that the report of the committee be received. Mr. Hall of Willington moved to amend the motion by striking out the word " received " and inserting in lieu thereof the word " accepted." The amendment was discussed by Messrs. Hall of Willing- ton and Maltbie of Granby. Mr. Waller of New London moved that the report of the committee be tabled. Mr. Northrop of Middletown raised the point of order that the motion to table applied only to the report of the com- mittee. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 331 The President ruled that the motion to table carried with it all matters covered by the report. The motion to table was discussed under privilege by Messrs. Brown of ISTorwich, Hall of "Willington, and Waller of ISTew London. Mr, Waller of New London withdrew his motion to table. Mr. Milner of Plainfield moved that the report of the com- mittee and all matters pertaining to special legislation be in- definitely postponed. Mr. Waller of New London moved that the vote be taken by Yeas and Nays. The motion prevailed. The motion to indefinitely postpone did not prevail. The vote was as follows : Those voting Yea were : Hartford County. — Messrs. C. H. Clark, Jarvis, W. M. Brown, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middle- ton, Grant, Loomis, Cheney, Cooley, Condell, Holcomb, W. H. Hall, Willard, Healy. New Haven County. — Messrs. Griswold, Webb, Lines, Marks, S. J. Bryant, Davis, Wooster, Russell, Upson. New London County. — Messrs. F. T. Brown, King, A. M. Brown, Killeen, J. F. Brown, E. B. Gallup. Fairfield County. — Messrs. Bell, Perry, Whitlock, Mead, Wanzer, Sanford, Seymour, Stagg, O. Hall, Gorham, Wake- man. Windham County. — Messrs. Boss, L. N. Clark, Burnham, Somes, Milner. Litchfield County. — Messrs. W. B. Smith, .Belden, Whittlesey, J. F. Smith, Curtiss. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Purple, Nettleton. Tolland County. — Messrs. Charter, Storrs, Pinney, W. H. Hall. 332 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Those voting Naj were: Hartford County. — Messrs. Holmes, Maltbie, Churchill, Havens, Bartlett, Bissell, D. E. Phelps. jSTew Haven County. — Messrs. Osborn, Guilf oile, D. T. Walsh, S. K. Woodward, McMahon, Meigs, Wallace, Hotch- kiss, Kendrick. JSTew London County. — Messrs. Waller, Miner, Chipman, Bailey, I. Gillette, Allyn, Bromley, J. F. Brown, Huntington, Frink, Hinckley, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Wood- man, Shelton, C. H. I^orthrop, Merritt. Windham County. — Messrs. Bugbee, Evans, Groesbeck, Latham, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. Beach, Case, Hayes, Wright, Beardsley, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Etheridge, Strong, Brinsmade, Woolson. Middlesex County. — Messrs. Markham, Coe, Hubbard, Blake, Terrill, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Skinner, Sumner, Collins, Porter, Kinney. Those absent and not voting were : Hartford County. — Messrs. Pierce, Kedfield, Miller, Vance, Sperry. IsTew Haven County. — Messrs. A. D. Warner, Fisk, A. E. Smith, Stevens, Merwin, Whittemore, Ford, Bishop. New London County. — Messrs. Buell, Raymond, Morgan, Eiley. Fairfield County. — Messrs. E. H. ]^orthrop, Jennings, E. J. Walsh, A. B. Woodward, Barnes, Chichester. Windham County. — Messrs. Fitts, Hunt. Litchfield County. — Messrs, Mallett, J. H. Smith, Kel- logg, Ely,- Kirby, Fyler. Middlesex County. — Messrs. Brothwell, Pelton, W. H. Smith. JOUKlSrAL OF THE CONSTITUTIONAL CONVENTION. 833 Tolland County, — Messrs. JSTewcomb, Hawkins, Keenej, Phelps. Whole number voting, . . . .129 Necessary for passage, . . . .65 Those voting Yea, . . .61 Those voting Nay, . . .68 Mr. Waller of New London moved that the report of the committee, and all pending motions relating to it, be tabled. The motion did not prevail. Mr. Hall of Willington then withdrew his amendment. The motion that the report of the committee be received prevailed. Mr. Waller of New London moved that the resolutions and amendments concerning special legislation be made the second Order of the Day for Wednesday, and that votes upon them be taken at that time without debate. Mr. Brown of Norwich moved to amend that the votes be taken immediately without debate. The President stated that the question would first be put on the motion of Mr. Waller of New London, as it proposed the longest time. The motion was discussed by Messrs. Perry of Fairfield, Waller of New London, Brown of Norwich, Guilfoile of Waterbury, and Clark of Haddam. The motion did not prevail. Mr. Davenport of Bridgeport moved that the Convention take up Convention Eesolution No. 69 (see Convention Jour- nal, April 9th), concerning municipal charters. Mr. Webb of Hamden raised the point of order that the question before the Convention was the motion of Mr. Brown of Norwich providing for an immediate vote on the reso- lutions concerning special legislation. The President ruled that the point of order was well taken. The motion prevailed. 334 JOURNAL OF THE CONSTITUTIONAL CONVENTION. The President stated that the first question before the Convention Avas the substitute for amendment, Schedule '' B," offered by Mr. A¥aller of New London, to Convention Eeso- lution No. 44 (see Convention Journal, April 9th). Mr. Waller of New London asked and obtained the unani- mous consent of the Convention to amend the amendment by substituting the words " majority vote " for the words " two- thirds vote " therein. Mr. Waller of New London stated that he would withdraw the amendment. Schedule " B." Mr. Webb of Hamden raised the point of order that the amendment could not be withdrawn except by unanimous consent, as the Convention had already taken action on it. The President ruled that the reference to a committee was such action by the Convention as to place the amendment in the hands of the Convention, and that the point of order was well taken. On motion of Mr. Etheridge of Thomaston, the previous question was ordered. Mr. Waller of New London moved that the vote be taken by Yeas and Nays. The motion prevailed. Mr. Northrop of Newtown moved that Mr. Waller of New London be given unanimous consent to withdraw his amend- ment, Schedule " B." The motion prevailed. Mr. Waller of New London then withdrew his amendment, Schedule " B." The President stated that the question before the Con- vention was on the adoption of Convention Resolution No. 210 (see Convention Journal, April 3d), offered by Mr. Warner of Salisbury as an amendment. Schedule " A," to Convention Eesolution No. 44. The amendment was discussed by Messrs. Osborn of New Haven, Perry of Fairfield, Warner of Salisbury, and Waller of New London. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 335 On motion of Mr. Etheridge of Thomaston, the previous question was ordered. Mr. Waller of Xew London moved that the vote be taken by Yeas and ISTays. The motion prevailed. The amendment, Schedule " A," did not prevail. The vote was as follows : Those voting Yea were : Hartford County. — Messrs. W. M. Brown, Maltbie, Churchill, Bartlett, Bissell, D. E. Phelps. JSTew Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, S. E. Woodward, McMahon, Meigs, Ford, Hotchkiss, Russell, Kendrick. New London County. — Messrs. Waller, Chipman, Bailey, I. Gillette, AUyn, Bromley, Huntington, Frink, Hinckley, C. A. Gallup. Fairfield County. — Messrs. Dempsey, Woodman, Shelton, C. H. Northrop. Windham County. — Messrs. Bugbee, Evans, Latham, Somes, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. Beach, Case, Hayes, Wright, Beardsley, Whittlesey, C. H. Smith, D. T. Warner, Ether- idge, Brinsmade, Woolson. Middlesex County. — Messrs. Markham, Coe, Hubbard, Blake, Nettleton, Terrill, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Sumner, Collins, Charter, Kin- ney. Those voting jSTay were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Loomis, Cheney, Cooley, Condell, Havens, Holcomb, W. H. Hall, Willard, Healy. New Haven County. — Messrs. Fisk, Stevens, Griswold, Webb, Lines, Wallace, Marks, S. J. Bryant, Wooster, Upson. 336 JOURNAL OF THE CONSTITUTIONAL CONVENTION. New London County. — Messrs. F. T. Brown, Miner, King, A. M. Brown, Killeen, J. F. Brown, E. B. Gallup. Fairfield County. — Messrs. Davenport, Perry, "Whitlock, Mead, Wanzer, Sanford, Seymour, Barnes, Merritt, Stagg, O. Hall, Gorham. "Windham County. — Messrs. Boss, L. N. Clark, Groes- beck, Burnham, Milner. Litchfield County. — Messrs. W. B. Smith, Mallett, Bel- den, J. F. Smith, Strong, Curtiss. Middlesex County. — Messrs. D. W. ISTorthrop, G. M. Clark, Purple, Tolland County. — Messrs. Skinner, Porter, Storrs, Pin- ney, W. H. Hall. Those absent and not voting were : Hartford County. — Messrs. Pierce, Eedfield, Miller, Vance, Sperry. 'New Haven County. — Messrs. A. D, Warner, A. E. Smith, Merwin, AVhittemore, Davis, Bishop. ISTew London County. — Messrs. Buell, Raymond, Morgan, Riley. Fairfield County. — Messrs. E. H. Northrop, Bell, Jen- nings, R. J. Walsh, A. B. Woodward, Wakeman, Chichester. Windham County. — Messrs. Fitts, Hunt. Litchfield County. — Messrs. J. H. Smith, Kellogg, Ely, O'Connor, Camp, Crofut, Kirby, Fyler. Middlesex County. — Messrs. Brothwell, Pelton, W. H. Smith. Tolland County. — Messrs. ISTewcomb, Hawkins, Keeney, Phelps. Whole number voting, .... 128 Necessary for passage, . . . .85 Those voting Yea, . . .62 Those voting Nay, . . .66 JOURNAL OF THE CONSTITUTIONAL CONVENTION. 337 Mr, Waller of Xew London moved to amend by Schedule '' B." Mr. Perry of Fairfield raised the point of order that the previous question having been ordered, a vote must be taken on pending amendments and the main question, and that a further amendment was not in order. The President ruled that the previous question applied only to the amendment, Schedule " A," and that the amendment was in order. On motion of Mr. Bryant of East Hartford the previous question was ordered. Mr. Waller of iSTew London moved that the vote be taken by Yeas and ISTays. The motion prevailed. The amendment. Schedule " B," did not prevail. The vote was as follows : Those voting Yea were : Hartford County. — Messrs. W. M. Brown, Maltbie, Bart- lett, Bissell. New Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, McMahon. New London County. — Messrs. Waller, Chipman, Brom- ley, Huntington, C. A. Gallup. Fairfield County. — Messrs. Dempsey, Merritt. Windham County. — Messrs. Evans, Waldo. Litchfield County. — Messrs. Beach, Hayes, Wright, Beardsley, C. H. Smith, Etheridge. Middlesex County. — Messrs. Blake, Terrill, Hale, Post. Tolland County. — Mr. Kinney. Those voting Nay were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, E. S. Gillette, Sears, Dickins'bn, P. S. Bryant, Middleton, Grant, Loomis, Cheney, Cooley, Churchill, Condell, Havens, Hol- comb, W. H. Hall, Willard, D. E. Phelps, Healy. c. c— 22 338 JOURNAL OF THE COXSTITUTIOXAL CONVENTIOX. Kew Haven County. — Messrs. S. R. "Woodward, Stevens, Griswold, Webb, Meigs, Lines, Wallace, Ford, Marks, S. J. Bryant, Hotchkiss, Wooster, Kendrick, Upson. New London County. — Messrs. F. T. Brown, Miner, King, J. F. Brown, Frink, E. B. Gallup. Fairfield County. — Messrs. Davenport, Woodman, Perry, Whitlock, Mead, Wanzer, Sanford, Seymour, Barnes, Stagg, O. Hall, Gorham. Windham County. — Messrs. Boss, Bugbee, L. X. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Chand- ler, Bowen. Litchfield County. — Messrs. W. B. Smith, Case, Mallett, Belden, Whittlesey, J. F. Smith, D. T. Warner, Strong, Brins- made, Woolson. Middlesex County. — Messrs. D. W. Xorthrop, G. M. Clark, Markham, Hubbard, Purple, Nettleton. Tolland County. — Messrs. Skinner, Sumner, Collins, Charter, Porter, Storrs, Pinney, W. H. Hall. Those absent and not voting were : Hartford County. — Messrs. Pierce, Redfield, Millei, Vance, Sperry. New Haven County. — Messrs. A. D. Warner, Fisk, A. E. Smith, Merwin, Whittemore, Davis, Eussell, Bishop. New London County. — Messrs. Buell, A. M. Brown, Bailey, I. Gillette, Allyn, Eaymond, Killeen, Morgan, Riley, Hinckley. Fairfield County. — Messrs. E. H. Northrop, Bell, Jen- nings, R. J. Walsh, Shelton, C. H. Northrop, A. B. Wood- ward, Wakeman, Chichester. Windham County. — Messrs. Fitts, Hunt, * Litchfield County. — Messrs. J. H. Smith, Kellogg, Ely, O'Connor, Camp, Crofut, Kirby, Fyler, Curtiss. Middlesex County. — Messrs. Brothwell, Pelton, Coe, W. H. Smith, L'Hommedieu. JOUENAL OF THE CONSTITUTIONAL CONVENTION. 339 Tolland County. — Messrs. Newcomb, Hawkins, Keeuey, Phelps. Whole number voting, . . . .115 Necessary for passage, . . . .85 Those voting Yea, . . .28 Those voting Nay, . . ,87 Mr. Waller of New London moved that the vote on Con- vention Resolution No. 44 be postponed until Wednesday. The motion did not prevail. Mr. Waller of New London moved that the vote be taken by Yeas and Nays. The motion prevailed. On motion of Mr. Waller of New London, the Convention, at 3.56 o'clock P. M., adjourned to meet on Wednesday, at 11 o'clock A. M. 340 JOURNAL OF THE CONSTITUTIONAL CONVENTION, Wednesday, April 16, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Eev. William Martin Brown of Bloomfield. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Loomis, Maltbie, Miller, Cheney, Cooley, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. Xew Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, S. K. Woodward, Fisk, A. E. Smith, Stevens, Griswold, Webb, Meigs, Lines, Wallace, Merwin, Ford, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Rus- sell, Kendrick, Upson. New London County. — Messrs. Waller, F. T. Brown, Miner, Buell, Chipman, King, A. M. Brown, Bailey, I. Gil- lette, Allyn, Raymond, Killeen, J. F>, Brown, Huntington, Frink, Riley, Hinckley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Wood- man, E. H. Korthrop, Bell, Jennings, Perry, Shelton, Mead, Wanzer, C. H. E"orthrop, A. B. Woodward, Sanford, Sey- mour, Barnes, Merritt, O. Hall, Gorham, Wakeman, Chi- chester. Windham County. — Messrs. Boss, Bugbee, Fitts, Evans, L. X. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, JOURNAL OF THE CONSTITUTIONAL CONVENTION. 341 Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beards- ley, Whittlesey, J. F. Smith, C. H. Smith, Crofut, D. T. Warner, Etheridge, Strong, Brinsmade, Woolson, Ciirtiss. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Markham, Brothwell, Pelton, Coe, Hubbard, Purplej ]^ettleton, Terrill, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Newcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Keeney, Pinney, Kinney, W. H. Hall. Those absent and not answering were : Hartford County. — Messrs. Pedfield, Yanee. New Haven County. — Messrs. McMahon, Whittemore, Bishop. Xew London County. — Messrs. Bromley, Morgan. Fairfield County. — Messrs. R. J. Walsh, Whitlock, Stagg. Windham County. — Mr. Hunt. Litchfield County. — Messrs. Hayes, O'Connor, Camp, Kirby, Fyler. Middlesex County. — Mr. Blake. Tolland County. — Mr. Phelps. Whole number answering, . . . .150 Those absent and not answering, . . .18 The President stated that the resolution pending before the Convention when it adjourned on Tuesday was Conven- tion Kesolution No. 44, offered by the delegate from New London, concerning the creation of private corporations, that the question before the Convention was on the passage of the substitute for that resolution. Mr. Waller of New London, by unanimous consent, with- drew the resolution. CONVENTION RESOLUTION. Convention Eesolution No. 219. Mr. Dempsey of Dan- bury introduced a resolution requesting the United States 342 JOURNAL OF THE CONSTITUTIONAL CONVENTION, Senators from Connecticut to use their best efforts to secure an amendment to the Constitution of the United States pro- viding for the election of United States Senators by direct vote of the people. On motion of Mr. Dempsey of Danbury, the resolution was tabled. Convention Resolution No. 69 (see Convention Journal, April 9th), concerning the classification of municipal char- ters, was taken from the table, on motion of Mr. Xorthrop of Middletown. The resolution was discussed by Messrs. Northrop of Mid- dletown, Davenport of Bridgeport, and Guilfoile of Water- bury, The resolution was then rejected. Mr. Brown of Nonvich moved that the report of the com- mittee on the resolutions concerning special legislation and the classification of municipal charters be accepted. The motion prevailed. OPtDER OF THE DAY, 12 O'CLOCK M. Substitute for Convention Resolution No. 213 (see Con- vention Journal, April lOtli), a resolution concerning the appointment of County Commissioners, was taken from the table, on motion of Mr. Osborn of New Haven. Mr. Dempsey of Danbury moved to amend by Schedule " A," to substitute for the pending resolution the original resolution No. 213. The amendment was discussed by Mr. Dempsey of Dan- bury. Mr. Davenport of Bridgeport moved to amend by Schedule " B," providing for the election of County Commissioners by the electors of the respective counties. The motion to amend was discussed by Messrs. Davenport of Bridgeport, Brown of Norwich, Northrop of Middletown, Osborn of New Haven, Guilfoile of AVaterbury, Smith of JOURNAL OF THE CONSTITUTIONAL CONVENTION. 343 Plymouth, Waller of Xew London, and Woodward of Norwalk. Mr. Davenport of Bridgeport then withdrew his amend- ment. Mr. Gnilfoile of Waterbiiry moved to amend by Schedule " C," providing that no County Commissioners shall be ap- pointed except by the electors in each county. The amendment was discussed by Messrs. Guilfoile of Waterbury, and Clark of Haddam. Mr. Guilfoile of Waterbury moved that the vote be taken by Yeas and !Nays. The motion did not j)revail. The amendment, Schedule " C," did not prevail. The amendment, Schedule " A," did not prevail. Mr. Warner of Salisbury moved to amend by Schedule " D," striking out in Section 1, line 1, the words " County Commissioners or," and all after the word " court," in line 4. The amendment was discussed by Messrs. Warner of Salis- bury, Clark of Hartford, Smith of Winchester, Dempsey of Danbury, Milner of Plainfield, and Clark of Haddam. Mr. Osborn of New Haven accepted the amendment. Mr. Maltbie of Granby moved to amend by Schedule " E," striking out all after the word " except " in line 3, and insert- ing in lieu thereof " by the judges of the Superior Court at their annual meeting to be held as now or hereafter provided by law." Mr. Osborn of Xew Haven accepted the amendment. The resolution, as amended by Schedules " D " and " E," on a rising vote, did not prevail. The vote was as follows : Whole number voting, . . . . . 131 ]^ecessary for passage, . . . .85 iSTumber voting Yes, . . .44 jSTumber voting Xo, . . .87 344 JOURNAL OF THE CONSTITUTION,\X CONVENTION. Convention Resolution Xo, 195 (see Convention Journal^ March 2Gth), concerning the compensation of members of the General Assembly, was taken from the table, on mo- tion of Mr. Perry of Fairfield. Mr. Northrop of Newtown moved to amend by substituting for the pending resolution Convention Resolution No. 193 (see Convention Journal, March 25th). Mr. Loomis of Glastonbury, who introduced Convention Resolution No. 195, accepted the amendment. The resolution was discussed by Mr. Loomis of Glaston- bury. Mr. Clark of Hartford moved to amend by Schedule "A," providing that the compensation of members of the General Assembly shall be $500, including mileage, and no member shall travel on a railroad pass. The amendment was discussed by Messrs. Clark of Hart- ford and Etheridge of Thomaston. On motion of Mr. Merritt of Stamford, the previous ques- tion was ordered. The amendment did not prevail. Mr. Skinner of Andover moved to amend by Schedule " B." The President ruled that the previous question having been ordered, applied to both the amendment and the main ques- tion, and that further amendments were not in order. Mr. Brown of Norwich moved that Mr. Skinner of Andover be given unanimous consent to introduce his amendment. The motion prevailed. Mr. Skinner of Andover moved to amend by Schedule " B," striking out the word " five " in line three, and inserting the word " three." The amendment did not prevail. Mr. Waller of New London moved to amend by Schedule « C." The amendment was discussed by Messrs. Waller of New London, Merritt of Stamford, Northrop of Middletown, and Clark of Hartford. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 345 Mr. Holcomb of Southington moved to amend by Schedule " D." Mr. "Waller of New London withdrew his amendment. The amendment, Schedule " D/' prevailed. Mr, Skinner of Andover moved that the vote on the reso- lution as amended be taken by Yeas and l^ays. The motion prevailed. The resolution, as amended, was then adopted. The vote was as follows : Those voting Yea were : Hartford County. — Messrs. C. H. Clark, Holmes, W. M. Brown, E. S. Gillette, Dickinson, P. S. Bryant, Middleton, Grant, Miller, Cheney, Cooley, Churchill, Condell, Bartlett, Holcomb, Bissell, W. H. Hall, D. E. Phelps, Healy. ]^ew Haven County. — Messrs. Guilfoile, A. D. Warner, S. K. Woodward, Fisk, A. E. Smith, Stevens, Webb, Lines, Wallace, Marks, S, J. Bryant, Davis, Wooster, Upson. jSTew London County. — Messrs. Waller, Miner, Buell, Chipman, A. M. Brown, Bailey, AUyn, Killeen, J. E. Brown, Huntington, Frink, Riley, C. A. Gallup. Fairfield County. — Messrs. Dempsey, E. H. Northrop, Jennings, Mead, Wanzer, C. H. Northrop, Sanford, Sey- mour, Barnes, Chichester. Windham County. — Messrs. Boss, Evans, L. N. Clark, Groesbeck, Latham, Milner, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, Belden, J. H. Smith, Ely, Beardsley, Whittlesey, J. F. Smith, Crofut. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Markham, Brothwell, Pelton, W. H. Smith, Hale. Tolland County. — Messrs. Hawkins, Keeney, Kinney, W. H. Hall. Those voting Nay were : 346 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Hartford Connty. — Messrs. Jarvis, Sears, Loomis, Malt- bie, Havens. jSTew Haven County. — Messrs. Griswold, Meigs, Ford, Hotchkiss, Russell, Kendrick. New London County. — Messrs. F. T. Brown, King, I. Gillette, Raymond, E. B. Gallup. Fairfield County. — Messrs. Davenport, Woodman, Bell, Perry, A. B. Woodward, Merritt, O. Hall, Gorham, Wake- man. Windham County. — Messrs. Bugbee, Fitts, Burnham, Somes. Litchfield County. — Messrs. Kellogg, Wright, C. H. Smith, D. T. Warner, Etheridge, Strong, Brinsmade, Wool- son, Curtiss. Middlesex County. — Messrs. Purple, ISTettleton, Terrill, L'Hommedieu, Post. Tolland County. — Messrs. Xewcomb, Skinner, Sumner, Collins, Charter, Storrs, Pinney. Those absent and not voting were : Hartford County. — Messrs. Pierce, Redfield, Vance, Sperry, Willard. New Haven County. — Messrs. Osborn, D. T. Walsh, McMahon, Merwin, Whittemore, Bishop. New London County. — Messrs. Bromley, Morgan, Hinckley. Fairfield County. — Messrs. R. J. Walsh, Whitlock, Shel- ton, Stagg. Windham County. — Mr. Hunt. Litchfield County. — Messrs. Hayes, O'Connor, Camp, Kirby, Fyler. Middlesex County. — Mr. Blake. Tolland County. — Messrs. Porter, Phelps. Paired : Mr. Coe of Cromwell. Mr. Hubbard of Durham. JOUKXAL OF THE CONSTITUTIONAL CONVENTION. S47 Whole number voting, .... 138 Necessary for passage, . . . . .85 Those voting Yea, . . .88 Those voting i^av, . . .50 The following is the amendment. Schedule " D." Strike out all after the enacting clause. Insert in lieu thereof the following : " The compensation of members of the General Assembly shall be five hundred dollars, in full for the time for which the members are elected. The Gen- eral Assembly may, in addition to such compensation, pro- vide by law for the transportation of each member or member elect of the General Assembly by public conveyance, by the most convenient route between his home station and the place of meeting, during the session of the General Assembly to which he was elected. The Comptroller shall provide for such transportation." On motion of Mr. Middleton of East Windsor, the Conven- tion, at 1.12 o'clock P. M., took a recess until 2.15 o'clock P. M. Wednesday afternoon, April 16, 1902. The Convention was called to order at 2.15 o'clock P. M., the President in the Chair. Convention Resolution jSTo. 160. (See Convention Jour- nal, February 11th.) A resolution concerning the accept- ance, by public ofiicei*s, of free transportation and other privileges, was taken from the table, on motion of Mr. Daven- port of Bridgeport. The resolution was discussed by Messrs. Davenport of Bridgeport, Warner of Salisbury, and Clark of Haddam. 348 JOURNAL OF THE CONSTITUTIONAL CONVENTION. The resolution did not prevail. Convention Resolution Ko. 125. (See Convention Jour- nal, January 28th.) A resolution concerning the use of cor- porate funds for lobbying or election purposes, was taken from the table, on motion of Mr. Davenport of Bridgeport. The resolution was discussed by Messrs. Davenport of Bridgeport, Waller of jSTew London, and Clark of Haddam. The resolution did not prevail. Convention Eesolution No. 83. See Convention Journal, January 15th.) A resolution concerning the appointment of State's attorneys, was taken from the table, on motion of Mr. Davenport of Bridgeport. The resolution was discussed by Mr. Davenport of Bridge- port. The resolution did not prevail. Convention Eesolution No. 208. (See Convention Jour- nal, April 3d.) A resolution concerning the legislative powers of towns, was taken from the table, on motion of Mr. Fisk of Branford. The resolution was discussed by Messrs. Fisk of Branford, Waller of New London, Brown of Norwich, and Northrop of Middletown. The resolution did not prevail. CONVENTION RESOLUTIONS. Convention Resolution No. 220. Mr. Warner of Salis- bury introduced a resolution adopting Sections 1 and 2 of Article Tenth of the present Constitution as a part of the proposed Constitution. Mr. Woodman of Bethel moved to amend Section 2 by Schedule " A," striking out in the first line the word " annually." The amendment was discussed by Messrs. Middleton of East Windsor and Clark of Hartford. JOURNAL OF THE CONSTITUTIOXAL CONVENTION. 349 Mr. Clark of Hartford moved to amend by Schedule " B." The amendment was discussed by Messrs. Clark of Hart- ford, Brown of I^orwicb, Warner of Salisbury, Davenport of Bridgeport, Etheridge of Thomaston, Clark of Haddam, Hall of Willington, Loomis of Glastonbury, Hotchkiss of Prospect, Smith of Winchester, Waller of New London, Woodman of Bethel, Hall of West Hartford, Milner of Plain- field, Sears of Canton, Bowen of Woodstock, and Waldo of Scotland. The amendment. Schedule " B," prevailed. The President stated that the amendment. Schedule " A," being in effect included in the provisions of Schedule " B," would not be acted upon unless the Convention so desired. The resolution, as amended, was then adopted by a rising vote. The vote was as follows : Whole number voting, . . . . .91 ISTecessary for passage, . . . . .85 Number voting Yes, . . .91 Number voting No, . , . The following is the amendment: Schedule " B." In Section 2, line 1, after the word " annually," insert the following, " or biennially as the electors of the town may determine." The following are the sections adopted, as amended : Article Tenth. GENERAL PROVISIONS. Section 1. Members of the General Assembly, and all officers, executive and judicial, shall, before they enter on 350 JOURNAL OF THE COXSTITUTIOXAL CONVENTION. the duties of their respective offices, take the following oath or affirmation, to wit: You do solemnly swear, or affirm (as the case may be), that you will support the Constitution of the United States, and the Constitution of the State of Connecticut, so Ions as vou continue a citizen thereof; and that you will faithfully dis- charge, according to law, the duties of the office of to the best of your abilities. So help you God. Sec. 2. Each town shall annually or biennially, as the electors of the town may determine, elect selectmen, and such officers of local police, as the laws may prescribe. CONVENTION RESOLUTION. Convention Resolution ]S[o. 221. Mr. Warner of Salisbury introduced a resolution adopting Section 3 of Article Tenth of the present Constitution as a part of the proposed Con- stitution. Mr. Kendrick of Wallingford moved to amend Section 3 by Schedule " A," adding to said section the following : " nor be construed to prohibit the General Assembly from author- izing any town, city, or botough to acquire, build, construct, own, operate, or lease a street railway wholly within the territorial limits of said town, city, or borough." The amendment was discussed by Messrs. Kendrick of Wallingford, Brown of Norwich, Clark of Haddam, Loomis of Glastonbury, and Warner of Salisbury. On motion of Mr. Warner of Salisbury, the Convention, at 4.15 o'clock P. M., adjourned to meet on Thursday, at 11 o'clock A. M. JOU]{NAL OF THE CONSTITUTIONAL CONVENTION, 351 Thursday, April 17, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Eev. Charles H. Smith of Plymouth. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were: Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Loomis, Miller, Cheney, Cooley, Churchill, Condell, Havens, Bartlett, Holcomb, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. New Haven County. — Messrs. Osborn, Guilfoile, A. D. Warner, S. R. Woodward, Fisk, A. E. Smith, McMahon, Stevens, Griswold, Meigs, Lines, Wallace, Ford, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Russell, Kendrick, Upson. Xew London County. — Messrs. F. T. Bro^vn, Miner, Buell, King, A. M. Brown, Bailey, I. Gillette, Allyn, Brom- ley, Raymond, Killeen, J. F. Brown, Huntington, Frink, Riley, Hinckley, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Wood- man, E. H. ISTorthrop, Bell, Jennings, Perry, Wanzer, C. H. ISTorthrop, A. B. Woodward, Sanford, Seymour, Barnes, Mer- ritt, Stagg, O. Hall, Wakeman, Chichester. Windliam County. — Messrs. Bugbee, Fitts, Evans, L. N. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Belden, J. H. Smith, Kellogg, Wright, Ely, Beardsley, Whit- 352 JOUENAL OF THE CONSTITUTIOX AL CONVENTION. tlesej, J. F, Sniitli, O'Connor, Camp, C. H. Smith, Crofiit, D. T. Warner, Etheridge, Strong, Woolson. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Markham, Pelton, Hubbard, Purple, iSTettleton, Ter- rill. Hale, L'Hommedieu, Post. Tolland County. — Messrs. Xewcomb, Skinner, Sumner, Collins, Charter, Porter, Storrs, Kinney, W. H. Hall. Those absent and not answering to their names were : Hartford County. — Messrs. Pierce, Redfield, Maltbie, Vance, Sperry. New Haven County. — Messrs. D. T. Walsh, Webb, Mer- win, Whittemore, Bishop. New London County. — Messrs. Waller, Chipman, Mor- gan, E. B. Gallup. Fairfield County. — Messrs. K. J. Walsh, Whitlock, Shel- ton. Mead, Gorham. Windham County. — Messrs. Boss, Hunt. Litchfield County. — Messrs. Hayes, Mallett, Kirby, Tyler, Brinsmade, Curtiss. Middlesex County. — Messrs. Brothwell, Coe, Blake, W. H. Smith. Tolland County. — Messrs. Hawkins, Keeney, Pinney, Phelps. Whole number answering, . , . , 133 Those absent and not answering, . . .35 The President stated that the question pending before the Convention when it adjourned on Wednesday was an amend- ment, offered by the delegate from Wallingford, to Section S of Article Ten of the proposed Constitution, and the ques- tion now before the Convention was on the passage of that amendment. The motion to amend was discussed by Messrs. Northrop of Middletown, Northrop of Newtown, Smith of Winchester, JOUKNAL OF THE CONSTITUTIONAL CONVENTION. 353 Clark of Haclclam, Daveujjort of Bridgeport, Brown of Nor- wich. The motion to amend did not prevail. The motion to adopt Section 8 of Article Ten then pre- vailed bj a rising vote. The vote was as follows: Whole nmnber voting, . . . .94 jSTecessary for passage, . . . .85 Those voting Yes, . . .94 Those voting No, . . . The following is the section adopted : Sec. 3. No county, city, town, borough, or other munici- pality shall ever subscribe to the capital stock of any railroad corporation, or become a purchaser of the bonds, or make donation to, or loan its credit, directly or indirectly, in aid of any such corporation; but nothing herein contained shall affect the validity of any bonds or debts incurred under exist- ing laws, nor be construed to prohibit the General Assembly from authorizing any town or city to protect by additional appropriations of money or credit any railroad debt contracted prior to the amendment to the Constitution adopted Octo- ber, 1877. CONVENTION RESOLUTIONS. Convention Kesolution No. 222. Mr. Bailey of Groton introduced a resolution, passed by the Board of Trade of Groton, in opposition to the system of representation adopted by the Convention. On motion of Mr. Bailey of Groton, the resolution was tabled, and ordered printed. Convention Resolution No. 223. Mr. Warner of Salis- bury introduced a resolution adopting Sections 4 and 5 of Article Ten of the proposed Constitution, c. c— 23 354 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Mr. Warner of Salisbury moved to amend by Schedule " A." The motion prevailed. The resolution as amended was then passed by a rising vote. The vote was as follows: Whole number voting, .... 106 Necessary for passage, Those voting Yes, Those voting ]^o, . 85 106 The following is the amendment adopted : Schedule " A." In Section 5 of Article Ten add, in line 5 thereof, after the word " Comptroller," the words " or Attorney-General," and strike out the word " or " after the word " secretary." The following are the sections adopted as amended : Sec. 4. The rights and duties of all corporations shall re- main as if this Constitution had. not been adopted ; with the exception of such regulations and restrictions as are contained in this Constitution. All judicial and civil officers now in office shall continue to hold their offices until their terms of office shall expire, or until they shall resign, or be removed from office according to law. All military officers shall con- tinue to hold and exercise their respective offices until their terms of office shall expire, or until they shall resign, or be removed according to law. All laws not contrary to or in- consistent with the provisions of this Constitution shall re- main in force until they shall expire by their own limitation, or shall be altered or repealed by the General Assembly, in pursuance of this Constitution. The validity of all bonds, debts, contracts, as well of individuals as of bodies coi^porate, or the State, of all suits, actions, or rights of action, both in JOURNAL OF THE CONSTITUTIONAL CONVENTION. 355 law and equity, slaall continue as if no change had taken place. Sec. 5. ISTo judge of the Superior Court, or of the Su- preme Court of Errors; no member of Congress; no person holding any office under the authority of the United States; no person holding the office of Treasurer, Secretary, Comp- troller, or Attorney-General; no sheriff or sheriff's deputy, shall be a member of the General Assembly. Convention Resolution No. 224. Mr. Etheridge of Thom- aston introduced a resolution providing for the adoption of Section 16 of Article Three as a part of Article Ten of the proposed Constitution. Mr. Etheridge of Thomaston moved to amend by Sched- ule " A." Mr. Bryant of East Hartford moved to amend by Schedule " B." Mr. Etheridge of Thomaston accepted Schedule " B " as part of his amendment. The motion to amend was discussed by Messrs. Etheridge of Thomaston, Bryant of East Hartford, and Brown of Nor- wich. The motion to amend by Schedule " A " prevailed. The resolution was then passed as amended by a rising vote. The vote was as follows : Whole number voting, .... 104 Necessary for passage, . . . .85 Those voting Yes, . . .104 Those voting No, ... The amendment, Schedule " A," is as follows : Insert after the word " Assembly," in the first line of Sec- tion 3 of Article Eive, the words " except as provided in Sec- tion 3 of Article Five." 356 JOURNAL OF THE CONSTITUTIONAL CONVENTION. In Section 16, line 2, strike out the word " or/' and in the same line, after the word " district," insert " or other mimici- palitj." The section adopted as amended is as follows : Sec. 16. Neither the General Assembly, except as pro- vided in Section 3 of Article Five, nor any connty, city, bor- ough, town, school district, or other municipality, shall have power to pay or grant any extra compensation to any public officer, employee, agent, or servant, or increase the compen- sation of any public officer or employee, to take eilect during the continuance in office of any person whose salary might be increased thereby, or increase the pay or compensation of any public contractor above the amount specified in the con- tract. Convention Resolution No. 225. Mr. Griswold of Guil- ford introduced a resolution concerning changes in probate districts. The resolution was discussed by Messrs. Griswold of Guil- ford, Meigs of Madison, Northrop of Middletown, Warner of Salisbury, Clark of Hartford, Bryant of East Hartford, Brown of Norwich, and Davenport of Bridgeport. Mr. Warner of Salisbury moved to amend by Schedule " A." Mr. Griswold of Guilford accepted the amendment. The resolution as amended was then passed by a rising vote. The vote was as follows: Whole number voting, . . . .116 Necessary for passage, . . . .85 Those voting Yes, . . .113 Those voting No, ... 3 The following is the amended resolution as adopted: Eesolved by this Convention : That the following be adopted as a part of the proposed Constitution: No probate district shall be changed or dis- JOURNAL OF THE CONSTITUTIONxVL CONVENTION. 857 continued unless by a majority vote of the electors residing in the town or towns or parts of towns to be added to or taken from said district or discontinued as a district. Convention Eesolution No. 226. Mr. Davenport of Bridgeport introduced a resolution providing that a ma- jority of the electors in the State can call a Constitutional Convention. The resolution was tabled. Convention Eesolution ]^[o. 227. Mr. Warner of Salis- bury introduced a resolution adopting Article Eleventh of the proposed Constitution. Mr. Warner of Salisbury moved to amend by Schedule " A." The motion to amend was discussed by Messrs. Warner of Salisbury, Osborn of New Haven, and Davenport of Bridge- port. Mr. Clark of Haddam moved that the resolution and amendment be tabled, and printed. The motion did not prevail. On motion of Mr. Merritt of Stamford, the previous ques- tion was ordered. On motion of Mr. Davenport of Bridgeport, the Yeas and Nays were ordered. The motion to amend by Schedule " A " prevailed. The vote was as follows : Those voting Yea were : Hartford County. — Messrs. Holmes, Jarvis, Dickinson, Loomis, Miller, Cooley, Bartlett, Holcomb, Bissell, Willard, D. E. Phelps, Healy. New Haven County. — Messrs. S. E. Woodward, A. E. Smith, Stevens, Griswold, Meigs, Wallace, Ford, Davis, Hotchkiss, Eussell. 368 JOURNAL OF THE CONSTITUTIONAL CONVENTION. New London County. — Messrs. Miner, King, A. M. Brown, I. Gillette, Allyn, Bromley, Raymond, Killeen, Frink, Hinckley, C. A. Gallup. Fairfield Connty. — Messrs. Woodman, E. H. Northrop, Bell, Jennings, Perry, Wanzer, Sanford, Barnes, O. Hall, Wakeman. Windham County. — Messrs. Bugbee, Fitts, Evans, L. N. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Belden, J. H. Smith, Kellogg, Ely, Beardsley, Whittlesey, J. F. Smith, O^Connor, Camp, Crofut, D. T. Warner, Ether- idge. Strong, Woolson. Middlesex County. — Messrs. G. M. Clark, Hubbard, Pur- ple, Nettleton, Hale, L'Hommedieu, Post. Tolland County. — Messrs. ISTewcomb, Skinner, Sumner, Collins, Charter, Porter, Storrs, Kinney, W. H. Hall. Those voting Nay were : Hartford County. — Messrs. C. H. Clark, W. M. Brown, Sears, P. S. Bryant, Grant, Cheney, Churchill, Condell. New Haven County. — Messrs. Osborn, Guilf oile, A. D. Warner, Fisk, McMahon, Lines, Marks, S. J. Bryant, Ken- drick, Upson. New London County. — Messrs. F. T. Brown, Buell, Bailey. Fairfield County. — Messrs. Davenport, Dempsey, C. H. Northrop, A. B. Woodward, Seymour, Merritt, Stagg, Chi- chester. AVindham County. — Mr. Chandler. Middlesex County. — Messrs. D. W. Northrop, Terrill. Those absent and not voting were : Hartford County. — Messrs. Pierce, E. S. Gillette, Mid- dleton, Eedfield, Maltbie, Vance, Havens, Sperry, W. H. Hall. JOUKNxiL OF THE CONSTITUTIONAL CONVENTION. 369 l^ew Haven Coimtj. — Messrs. D. T. Walsh, Webb, Mer- win, Whittemore, Wooster, Bishop. New London County. — Messrs. Waller, Chipman, J. F. Brown, Huntington, Morgan, Eiley, E. B. Gallup. Fairfield County. — Messrs. K. J. Walsh, Whitlock, Shel- ton. Mead, Gorham. Windham County. — Messrs. Boss, Hunt. Litchfield County. — Messrs. Hayes, Mallett, Wright, C. H. Smith, Kirby, Fyler, Brinsmade, Curtiss. Middlesex County. — Messrs. Markham, Brothwell, Pel- ton, Coe, Blake, W. H. Smith. Tolland County. — Messrs. Hawkins, Keeney, Pinney, Phelps. Whole number voting, . . . .120 Necessary for passage, . . . .61 Those voting Yea, . . .88 Those voting Nay, . . .32 [Vice-President Perry in the Chair.] Mr. Clark of Hartford moved to amend by Schedule " B." The motion to amend was discussed by Messrs. Clark of Hartford and Clark of Haddam. The motion to amend did not prevail. [The President in the Chair.] Mr. Clark of Hartford moved to amend by Schedule " C." The motion to amend was discussed by Mr. Clark of Hart- ford. Mr. Perry of Fairfield moved to amend by Schedule " D." The motion to amend was discussed by Messrs, Perry of Fairfield, Clark of Haddam, and Smith of Winchester. The motion to amend by Schedule " D " did not prevail. The motion to amend by Schedule " C " did not prevail. 360 JOURNAL OF THE COXSTITUTIOXAL CONVEXTIOX. Mr. Milner of Plainfield moved that the Convention take a recess until 2.15 o'clock P. M. The motion did not prevail. Mr. Davenport of Bridgeport moved to amend by Conven- tion Eesolution No. 162, a resolution providing for an initia- tive and referendimi, as Schedule " D." Mr. Warner of Salisbury raised the point of order that the amendment was not germane to the article sought to be amended, and therefore was not in order. The President ruled that the point of order was well taken. Mr. Woodward of ISTorwalk moved to amend by Schedule The motion was discussed by Messrs. Woodward of Xor- walk, Etheridge of Thomaston, and Brown of Xorwich. The motion to amend by Schedule " E " prevailed. Mr. Warner of Salisbury moved that the Convention ad- journ until next Tuesday at 12.30 o'clock P. M. Mr. Perry of Faii*field moved to amend by striking out the words " next Tuesday at 12.30 o'clock P. M." and inserting in lieu thereof the words " a week from next Wednesday at 12.30 o'clock P. M." The motion to amend was discussed by Messrs. Perry of Fairfield and Warner of Salisbury. The motion to amend did not prevail. Mr. Warner of Salisbury, by unanimous consent, with- drew his motion to adjourn. Mr. Healy of Windsor Locks moved that the Convention adjourn until next Tuesday at 12.30 o'clock P. M. The motion did not prevail. Mr. Woodward of ISTorwalk moved to amend by Schedule " F." The motion to amend was discussed by Mr. Woodward of ISTorwalk. The motion to amend by Schedule " F " prevailed. Mr. Davenport of Bridgeport moved to amend by Conven- JOURNAL OF THE CONSTITUTIONAL CONVENTION. 361 tion Resolution JSTo. 226, a resolution concerning the calling of a Constitutional Convention by a majority of the electors of the State, as Schedule " G." The motion to amend was discussed by Mr. Davenport of Bridgeport. On motion of Mr. Etheridge of Thomaston, the previous question was ordered. The motion to amend by Schedule " G " did not prevail. The resolution as amended was then rejected by a rising vote. The vote was as follows : Whole number voting, . . . .91 Necessary for passage, . . . .85 Those voting Yes, . . .75 Those voting ISTo, . . .16 Mr. Etheridge of Thomaston moved that the Convention reconsider its action in rejecting the resolution adopting Arti- cle Eleventh as amended. The motion prevailed. Mr. Etheridge of Thomaston moved that the resolution and the amendments thereto be made the Order of the Day for Tuesday, April 2 2d, at 12.30 o'clock P. M. The motion prevailed. The following are the amendments adopted: Schedule " A." Resolved by this Convention : That the following provision be incorporated in the article concerning amendments : The same formalities and requi- sites necessary in altering or amending the Constitution shall be required in calling a Constitutional Convention, and no Convention shall be called unless a majority of the registered electors shall vote in favor of such Convention. 362 JOUKNAL OF THE CONSTITUTIONAL CONVENTION. Schedule " E." In lines 14 and 15 strike out the word " inhabitants." In- sert in lieu thereof the word " electors." In line 15 strike ont the word " town." Insert in lieu thereof the word " electors." Schedule " F." In line 10 strike out the words " sessions of said." Insert in lieu thereof the word " general." Convention Resolution 'No. 84 (see Convention Journal, January 15th), a resolution concerning the election of state's attorneys, was taken from the table, on motion of Mr. l^or- throp of Middletown. By unanimous consent, Mr. ISTorthrop of Middletown with- drew the resolution. Convention Resolution No. 162 (see Convention Journal, February 13th), a resolution providing for an initiative and referendum law, was taken from the table, on motion of Mr. Lines of Meriden. By unanimous consent, Mr. Lines of Meriden withdrew the resolution. On motion of Mr. Loomis of Glastonbury, the Convention, at 2.15 o'clock P. M., adjourned to meet on Tuesday, at 12.30 o'clock P. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 363 Tuesday, April 22, 1902. The Convention was called to order at 12.30 P. M., the President in the Chair. Prayer was offered by the Chaplain, Eev. "William Martin Brown of Bloomfield. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Loomis, Miller, Cheney, Cooley, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, Bis- sell, W. H. Hall, Willard, D. E. Phelps, Healy. jSTew Haven County. — Messrs. Osborn, Guilf oile, D. T. Walsh, S. R Woodward, Eisk, A. E. Smith, McMahon, Stevens, Griswold, Meigs, Lines, Eord, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Russell, Kendrick, Upson, Bishop. ISTew London County. — Messrs. Waller, E. T. Brown, Miner, Buell, King, A. M. Brown, Bailey, I. Gillette, Allyn, Bromley, Killeen, J. F. Brown, Erink, Morgan, Hinckley, E. B. Gallup, C. A. Gallup. Eairfield County. — Messrs. Davenport, Dempsey, Wood- man, Bell, Jennings, Perry, Whitlock, Shelton, Mead, Wan- zer, C. H. Northrop, A. B. WoodAvard, Sanford, Seymour, Barnes, Merritt, Stagg, O. Elall, Gorham, Wakeman, Chi- chester. Windham County. — Messrs. Eitts, Evans, L, 'N. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Hunt, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beards- 364 JOUKXAL OF THE COXSTITUTIONAL COXVEXTIOIS". ley, Whittlesey, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. "Warner, Etheridge, Strong, Brinsmade, Wool- son, Curtiss. Middlesex Coimtv. — Messrs. D. W. E'orthrop, G. M. Clark, Markham, Coe, Hubhard, Purple, Blake, ISFettleton, Terrill, W. H. Smith, Hale, L'Hommedieii, Post. Tolland County. — Messrs. ISTewcomlj, Skinner, Snmner, Collins, Hawkins, Porter, Storrs, Pinney, Kinney, Phelps, W. H. Hall. Those absent and not answering were : Hartford County. — Messrs. Pierce, Kedfield, Vance. ISTew Haven County. — Messrs. Webb, Wallace, Merwin, Whittemore. Xew London County. — Messrs. Chipman, Paymond, Huntington, Riley. Fairfield County. — Messrs. E. H. Xorthrop, E. J. Walsh. Windham County. — Messrs. Boss, Bugbee. Litchfield County. — Messrs. Hayes, Kirby, Fyler. Middlesex County. — Messrs. Brothwell, Pelton. Tolland County. — Messrs. Charter, Keeney. ]S[umber answering, ..... 145 Number not answering, . . . .23 CONVENTION RESOLUTIONS. Convention Eesolution 'No. 228. Mr. AValler of New London introduced a resolution providing that no more than eight hours should constitute a lawful day's work on all State and municipal works. The resolution was tabled. Convention Eesolution jSTo. 229. Mr. Waller of New London introduced a resolution providing that the decision of a majority of the members of the Board of Pardons shall be the decision of the board. The resolution was tabled. JOUENAL OF THE CONSTITUTIONAL CONVENTION. 365 Convention Resolution No. 230. Mr. Davenport of Bridgeport introduced a resolution concerning special legis- lation, municipal charters, and railroads, providing that cor- porations other than municipal shall not be chartered by special laws when the object can be obtained under general laws, providing for the organization of municipal corpora- tions under general laws, giving the legislature powers re- garding regulation of railroad traffic and rates, and regu- lating the rights of employees of railroads concerning per- sonal injuries. - The resolution was tabled. OEDER OF THE DAY, 12.30 O'CLOCK P. M. Convention Resolution jSTo. 227. (See Convention Journal, April 17th.) A resolution adopting Article Eleventh of the proposed Constitution was taken from the table, on motion of Mr. Warner of Salisbury. The President stated that the question before the Conven- tion was upon the adoption of Article Eleventh of the Con- stitution as amended by Schedules "A," " E," and " E." (See Convention Journal, April I7th.) Mr. Brinsmade of Washington moved to amend by Sched- ule " H." The amendment w^as discussed by Mr. Brinsmade of Wash- ington. The amendment. Schedule " H," prevailed. Article Eleventh as amended was discussed by Mr. Brown of ISTorwich. Mr. Perry of Fairfield moved to amend by Schedule " I." The amendilient was discussed by Messrs. Perry of Fair- field, Warner of Salisbury, Waller of N"ew London, Clark of Haddam, Northrop of Middletown, Guilfoile of Water- bury, Davenport of Bridgeport. Mr. Osborn of ISTew Haven moved that the previous ques- tion be ordered on the pending amendment. 366 JOURNAL OF THE COXSTITUTIOXAL COXVEXTIOX. Mr. Waller of iSTew London moved to amend the amend- ment. Mr. Loomis of Glastonbury raised the point of order that the previous question had been moved, and amendments were not in order until the motion for the previous question had been disposed of. The President ruled that the point of order was well taken. The previous question was then ordered. The amendment, Schedule " I," prevailed. Mr. Waldo of Scotland moved to amend by Schedule " J." Mr. Waller of I^ew London moved to amend by Schedule " K," so that the vote requisite for ordering a Constitutional Convention should be a majority of all votes cast by the electors of the State instead of a majority of the registered electors of the State. The amendment was discussed by Mr. Waller of J^ew London. The amendment, Schedule " K," did not prevail. The amendment, Schedule " J," was discussed by Messrs. Guilfoile of Waterbury, Osborn of N^ew Haven, Waldo of Scotland, Clark of Hartford, Warner of Salisbury, and Davenport of Bridgeport. The amendment. Schedule " J," prevailed. Mr. Guilfoile of Waterbury moved that the vote on Article Eleventh, as amended, be taken by Yeas and ISTays. The motion did not prevail. Article Eleventh, as amended, was then adopted by a rising vote. The vote was as follows : Whole number voting, . . . .123 ISTecessary for passage, . . . . .85 ISTumber voting Yes, . . .102 Number voting Iso, . . .21 JOURNAL OF THE CONSTITUTIONAL CONVENTION. 367 The following are tlie amendments adopted: Schedule " H." Amend by substituting in first line the word " either " for " the," and the words " the General Assembly " for " Eep- resentatives." Schedule " I." Amend by erasing " two-thirds of " in line 7 and inserting in lieu thereof "' a majority of the members elected to." Schedule " J." Strike out lines 20 to 25 of "File E"o. 147 and substitute the following : " ISTo call for a Constitutional Convention shall be submitted to the people unless the General Assembly by a majority vote in each house vote for such submission, and no Constitutional Convention shall be called unless it shall receive a majority vote of the registered electors of the State." Following is the article adopted, as amended: Article Eleventh. OF AMENDMENTS TO THE CONSTITUTION. Whenever a majority of either house of the General Assem- bly shall deem it necessary to alter or amend this Constitution, they may propose such alteration and amendments; which proposed amendments shall be continued to the next General Assembly, and be published wutli the laws which may have been passed at the same session; and if a majority of the members elected to each house, at the next General Assembly, shall approve the amendments proposed, by yeas and nays, said amendments shall, by the Secretary, be transmitted to the town clerk in each town in the State; w-hose duty it shall 368 JOURXAL OF THE CONSTITUTIONAL CONVENTION. be to present the same to the electors thereof, for their con- sideration, at an electors' meeting, legally warned and held for that purpose; and if it shall appear, in a manner to be provided by law, that a majority of the electors present at such meeting shall have approved such amendments, the same shall be valid, to all intents and purposes, as a part of this Constitution. jSTo call for a Constitutional Convention shall be submitted to the people unless the General Assembly, by a majority vote in each house, vote for such submission, and no Constitu- tional Convention shall be called unless it shall receive a majority vote of the registered electors of the State. CONVENTION RESOLUTION. Convention Resolution No. 231. Mr. Hall of Willington introduced a resolution paying the Clerks of the Convention for services and expenses. On motion of Mr. Perry of Fairfield, the resolution w^as tabled. Mr. Perry of Fairfield moved that the Convention adjourn to meet on Wednesday, April 30th, at 12.30 o'clock P. M. The motion was discussed by Messrs. Clark of Haddam and Waller of New London. Mr. Milner of Plainfield moved to amend the motion by substituting the w'ord Tuesday for the word Wednesday. The amendment was discussed by Messrs. Davenport of Bridgeport, Warner of Salisbury, and Waller of New London. Mr. Milner of Plainfield withdrew his amendment. The motion then prevailed, and the Convention, at 3.06 o'clock, adjourned to meet on Wednesday, April 30th, at 12.30 o'clock P. M. JOTJENAL OF THE CONSTITUTIONAL CONVENTIOIT. 369 Wednesday, April 30, 1902. The Convention was called to order at 12.30 o'clock P. M., the President in the Chair. Prayer was offered by the Chaplain, Pev. Charles H. Smith of Plymouth. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, Pierce, Sears, Dickinson, P. S. Bryant. Mid- dleton, Grant, Loomis, Maltbie, Miller, Cheney, Cooley, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, Bis- sell, W. H. Hall, Willard, D. E. Phelps, Healy. ISTew Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, S. E. Woodward, Fisk, A. E. Smith, Stevens, Griswold, Webb, Meigs, Lines, Wallace, Merwin, Whittemore, Ford, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Eussell, Kendrick, Upson, Bishop. Xew London County. — Messrs. Waller, F. T. Brown, Miner, Buell, Chipman, King, A. M. Brown, Bailey, I. Gil- lette, Allyn, Bromley, Killeen, J. F. Brown, Huntington, Frink, Kiley, Hinckley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Wood- man, E. H. I^orthrop, Bell, Jennings, Perry, E. J. Walsh, Whitlock, Shelton, Wanzer, C. H. N'orthrop, A. B. Wood- ward, Sanford, Seymour, Barnes, Merritt, Stagg, O. Hall, Wakeman. Windham County. — Messrs. Bugbee, Fitts, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely„ c. c— 24 370 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Beardslej, Whittlesey, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Kirby, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. D. W. ITorthrop, G. M. Clark, Markham, Brothwell, Pelton, Coe, Hubbard, Purple, Blake, Nettleton, Terrill, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Newcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Keeney, Pinney, Kinney, Phelps, W. H. Hall. Those absent and not answering were : Hartford County. — Messrs. E. S. Gillette, Redfield. Vance. JSTew Haven County. — Mr. McMahon. 'New London County. — Messrs. Raymond, Morgan. Eairfield County. — Messrs. Mead, Gorham, Chichester. Windham County. — Messrs. Boss, Evans, L. jST. Clark, Hunt. Litchfield County. — Mr. Fyler. Whole number answering, . . . .155 Those absent and not answering, . . . 13 ^ REPORT OF A COMMITTEE. Mr. Perry of Fairfield, Chairman of the committee ap- pointed to prepare and report on a final draft of the Constitu- tion, presented a draft thereof (File ISTo. 151), together with an accompanying report, recommending its passage. The report is as follows : To the Constitutional Convention : The Committee appointed to put the entire Constitution, when finally approved in articles by the Convention, into proper form for submission to the people, recommends the arrangement and phraseology of the draft thereof which ac- companies this report. Although confined by the terms of our appointment to rec- ommendations relating to the form in which principles al- JOURNAL OF THE CONSTITUTIOXAL CONVENTION. 371 ready adopted should be expressed, we venture to also call the attention of the Convention to the following facts : 1. The expression " and at such other times as the Gen- eral Assembly shall judge necessary," occurring in lines 5 and 6, Sec. 2, Art. 3, seems to permit the ordering of annual, semi-annual, or even more frequent " stated sessions " by mere legislative act. 2. Inasmuch as the proposed Constitution will become operative immediately upon its adoption, it is not clear how a lawful General Assembly could thereafter convene, inas- much as — among other reasons — the new districts from which the Senators must come could not be established. 3. Sec. 13, Art. 3, authorizes the General Assembly to provide by law for the transportation of its members, but leaves the exercise of that power optional with it. The last paragraph of the section, however, makes it obligatory upon the Comptroller to do the same thing, thus placing the matter of transportation under two separate and independent juris- dictions, one of which may and the other of which must act. 4. Sec. 11, Art. 4, does not seem to be complete without the addition of the words " unless the General Assembly by adjournment prevents such return," at the end of the section. 5. It is thought that the tribunal authorized by Sec. 6, Art. 5, should also have jurisdiction over questions of law, if the apparent desire of the Convention is to be accomplished. The foregoing suggestions are made in order that the Con- vention may take further action in the premises, if it so desires. All of which is respectfully submitted. Hartford, Conn., April 30, 1902. JOHA^ H. PERRY, DOls^ALD T. WAR:XER, LEWIS SPERRY, F. T. BROWIs', ASA B. WOODWARD. 372 jouk:n'al of the coxstitutioxal convention. Mr. Merritt of Stamford moved that the report of the com- mittee be received. The mot-ion prevailed. Mr. Perry of Fairfield moved to amend Article 3 by Sched- ule " A." The motion to amend was discussed by Messrs. Perry of Fairfield, Davenport of Bridgeport, and Warner of Salisbury. The amendment, Schedule " A," was adopted by a rising vote. The amendment is as follows : Schedule " A." In Article 3, Section 2, lines 5 and 6, strike out the words " and at such other times as the General Assembly shall judge necessary." Mr. Warner of Salisbury moved to amend by Schedule " B." The motion to amend was discussed by Messrs. Warner of Salisbury, Northrop of Middletown, Osborn of jSTew Haven, Perry of Fairfield, and Phelps of Vernon. Mr. Sperry of South Windsor moved to amend by Schedule " C," providing for representation based upon population. (Mr. Brinsmade of Washington in the Chair.) The motion to amend by Schedule " C " was discussed by Messrs. Sperry of South Windsor, Warner of Salisbury, Wal- ler of ISTew London, and Walsh of Greenwich. (The President in the Chair.) The motion to amend by Schedule " C " was further dis- cussed by Messrs. Dempsey of Danbury, ISTorthrop of Middle- town, Griswold of Guilford, Brown of I^orwich, and Bowen of Woodstock. On motion of Mr. Hall of Willington, the previous ques- tion was ordered. JOURNAL OF THE CONSTITUTIONAL CONVENTION, 373 Mr. Waller of Xew London raised the point of order that Schedule " C " was out of order, because it was not germane to the amendment which it proposed to amend. The President ruled that the point of order could not be entertained at this stage of the question, as the previous ques- tion had been ordered on the passage of the amendment. Mr. Osborn of JSTew Haven moved that when the vote be taken on the passage of the amendment, it be by Yeas and Nays. The motion prevailed. The motion to amend by Schedule " C " did not prevail. The vote was as follows : Those voting Yea were : Hartford County. — Messrs. C. H. Clark, Jarvis, W. M. Brown, Pierce, Sears, P. S. Bryant, Grant, Cheney, Churchill, Condell, Holcomb, Sperry, Healy. ]^ew Haven County. — Messrs. Osborn, Guilf oile, D. T. Walsh, A. D. Warner, S. E. Woodward, A. E. Smith, Webb, Lines, Wallace, Merwin, Whittemore, Marks, S. J. Bryant, Davis, Wooster, Kendrick, Upson, Bishop. l^ew London County. — Messrs. F. T. Brown, Buell, Bailey, Allyn, J. F. Brown, Huntington, Hinckley. Fairfield County. — Messrs. Davenport, Jennings, Perry, E. J. Walsh, Shelton, C. H. IS^orthrop, A. B. Woodward, Merritt, Stagg, Wakeman. Windham County. — Messrs. Bugbee, Milner, Chandler. Litchfield County. — Messrs. AYhittlesey, Kirby. Middlesex County. — Messrs. D. W. Xorthrop, Markham, Brothwell, Blake, Terrill. Tolland County. — Messrs. Skinner, Keeney, Pinney, Phelps, W. H. Hall. Those voting Xay were : Hartford County. — Messrs. Holmes, Dickinson, Middle- 374 JOURNAL OF THE CONSTITUTIONAL CONVENTION. ton, Loomis, Maltbie, Miller, Cooley, Havens, Bartlett, Bis- sell, Willard, D. E. Phelps. New Haven County. — Messrs. Fisk, Griswold, Meigs, Ford, Hotclikiss, Russell. ]^ew London County. — Messrs. Waller, Miner, Cbipman, King, A. M. Brown, I. Gillette, Bromley, Killeen, Frink, Eiley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Dempsey, Woodman, E. H. i^ortlirop. Bell, Wanzer, Sanford, Barnes, O. Hall, Gorham, Chichester. Windham County. — Messrs. Fitts, Groesbeck, Latham, Burnham, Somes, Elliott, Waldo, Bowen. ■ Litchfield County. — Messrs. AV. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beardsley, J. F. Smith, O'Connor, Camp, C. H. Smith, Cro- fut, D. T. Warner, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. G. M. Clark, Pelton, Coe, Hubbard, Purple, Nettleton, W. H. Smith, Hale, L'Homme- dieu, Post. Tolland County. — Messrs. Newcomb, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Kinney. Those absent and not voting were : Hartford County.— Messrs. E. S. Gillette, Redfield, Vance, W. H. Hall. ISTew Haven County. — Messrs. McMahon, Stevens. jS^ew London County. — Messrs. Raymond, Morgan. Fairfield County. — Messrs. Whitlock, Mead, Seymour. Windham County. — Messrs. Boss, , Evans, L. IN". Clark, Hunt. Litchfield County. — Mr. Fyler. Whole number voting, . . . . .151 Xecessary for passage, . . . . .85 Those voting Yea, . . . 63 Those voting Nay, . . .88 JOURNAL OF THE CONSTITUTIONAL CONVENTION. 375 Mr. Waller of iSTew London moved that the Convention adjourn. The motion did not prevail. The motion to amend by Schedule " B " was then discussed by Messrs. Warner of Salisbury, Osborn of New Haven, Perry of Fairfield, Sperry of South Windsor, and Brown of Nor- wich. The motion to amend by Schedule " B " then prevailed by a rising vote. The amendment adopted is as follows : Schedule " B." Add at the beginning of Section 3 of Article Third of the proposed Constitution the words " on and after the Wednes- day after the first Monday of January, 1905." Add at the beginning of Section 4 of Article Third of the proposed Constitution the words " on and after the first Mon- day of January, 1905." The President stated that the question now pending before the Convention was the adoption of Article Third as amended by Schedules " A " and " B." On motion of Mr. Warner of Salisbury, the Convention, at 4.18 o'clock P. M., adjourned, to meet on Thursday, at 11 o'clock A. M. 376 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Thursday, May 1, 1902. The Convention was called to order at 11.30 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Rev. William Martin Brown of Bloomfield. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Loomis, Maltbie, Miller, Cheney, Cooley, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. New Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, S. E. Woodward, Eisk, A. E. Smith, McMahon, Stevens, Griswold, Webb, Meigs, Lines, Wallace, Merwin, Whittemore, Ford, Marks, S. J. Bryant, Davis, Hotchkiss, AVooster, Russell, Kendrick, Upson, Bishop. l^ew London County. — Messrs. Waller, F. T. Brown, Miner, Buell, Chipman, King, A. M. Brown, Bailey, I. Gil- lette, Allyn, Bromley, Raymond, Killeen, J. E. Brown, Huntington, Frink, Morgan, Riley, Hinckley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, AVood- man, E. H. Northrop, Bell, Jennings, Perry, Shelton, Mead, Wanzer, C. H. Northrop, A. B. Woodward, Sanford, Barnes, Merritt, Stagg, O. Hall, Gorham, Wakeman, Chichester. Windham County. — Messrs. Bugbee, Fitts, Evans, L. N. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, JOURNAL OF THE CONSTITUTIONAL CONVENTION. 377 t Beardslej, Whittlesey, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Kirbj, Etheridge, Strong, Brinsmade, Woolson, Cnrtiss. Middlesex County. — Messrs. D. W. K'orthrop, G. M. Clark, Markham, Brothwell, Pelton, Coe, Hubbard, Purple, Blake, Xettleton, Terrill, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Newcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Pinney, Kinney, Phelps, W. H. HaU. Those absent and not answering were : Hartford County. — Messrs. Eedfield, Vance. Fairfield County. — Messrs. K. J. Walsh, Whitlock, Seymour. Windham County. — Messrs. Boss, Hunt. Litchfield County. — Mr. Tyler. Tolland County. — Mr. Keeney. Whole number answering, . . . .159 Number absent and not answering, . . 9 Mr. Perry of Fairfield moved that Section 2 of Article Third, as amended by Schedule " A," be adopted. On a rising vote the motion prevailed. The vote was as follows: Whole number voting, . . . . .118 Xecessary for passage, . . . . .85 ISTumber voting Yes, . . .118 Xumber voting ]Sro, . . . Following is the section as amended : Section 2. There shall be a stated session of the General Assembly, to be holdeu at Hartford biennially, on the Wednesday following the first Monday of the January next 378 JOUKNAL OF THE CONSTITUTIONAL CONVENTION. succeeding the election of its members. The person adminis- tering the office of Governor may, on special emergencies, convene the General Assembly at said place at any other time, and in case of danger from the prevalence of contagious disease in said place, or from other causes, he may convene said Assembly at any other place in this State. Mr. "Warner of Salisbury moved that the adoption of Sec- tions 3 and 4 of Article Third as amended be acted upon to- gether. The motion prevailed. Mr. Warner of Salisbury moved that when the vote be taken, it be taken by Yeas and Xays. The motion prevailed. The motion to adopt Sections 3 and 4 as amended was dis- cussed by Messrs. Warner of Salisbury, Perry of Fairfield, and Fisk of Branford. The motion to adopt Sections 3 and 4 as amended did not prevail. The vote w^as as follows : Those voting Yea were : Hartford County. — Messrs. Holmes, Dickinson, Maltbie, Miller, Cooley, Bartlett, D. E. Phelps. iSTew Haven County. — Fisk, Griswold, Meigs, Ford, Hotchkiss, Kussell. ISTew London County. — Messrs. Miner, Chipman, King, A. M. Brown, I. Gillette, AUyn, Bromley, Killeen, Frink, Kiley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Woodman, E. H. Northrop, Bell, Mead, Wanzer, Sanford, Barnes, O. Hall, Gorham. Windham County. — Messrs. Fitts, Evans, L. N. Clark, Groesbeck, Latham, Burnham, Somes, Elliott, Waldo, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beards- JOURNAL OF THE CONSTITUTIONAL CONVENTION, 379 ley, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. G. M. Clark, Pelton, Hub- bard, Purple, Nettleton, W. H. Smith, Hale, Post. Tolland County. — Messrs. Newcomb, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Kinney. Those voting Nay were : Hartford County. — Messrs. C. H. Clark, Jarvis, W. M. Brown, E. S. Gillette, Sears, P. S. Bryant, Middleton, Grant, Loomis, Cheney, Condell, Holcomb, Sperry, Bissell, W. H. Hall, Willard. I^ew Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, S. E. Woodward, A. E. Smith, Me- Mahon, Webb, Lines, Wallace, Merwin, Whittemore, Marks, S. J. Bryant, Davis, Wooster, Kendrick, Upson, Bishop. New London County. — Messrs. E. T. Brown, Buell, Bailey, Raymond, J. E. Brown, Huntington, Morgan, Hinck- ley. Fairfield County. — Messrs. Davenport, Dempsey, Jen- nings, Perry, Shelton, C. H. Northrop, A. B. Woodward, Mer- ritt, Stagg, Wakeman, Chichester. Windham County. — Messrs. Bugbee, Milner, Chandler, Litchfield County. — Messrs. Whittlesey, Kirby. Middlesex County. — Messrs. D. W. Northrop, Markham, Brothwell, Coe, Blake, Terrill, L'Hommedieu. Tolland County. — Messrs. Skinner, Pinney, Phelps, W. H, Hall, Those absent and not voting were : Hartford County, — Messrs. Pierce, Eedfield, Vance, Churchill, Havens, Healy. New Haven County, — Mr, Stevens, New London County. — Mr. Waller. Fairfield County. — Messrs. E. J. Walsh, Whitlock, Seymour, 380 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Windham County. — Messrs. Boss, Hunt. Litchfield County. — Messrs. Hayes, Fyler. Tolland County. — Mr. Keeney. Whole number voting, . . . . .151 J^ecessary for passage, . . . . .85 Those voting Yea, . . . .81 Those voting Nay, . . . .70 Mr. Loomis of Glastonbury moved that the Convention re- consider its action in rejecting Sections 3 and 4 of Article Third as amended. The motion was discussed by Messrs. Perry of Fairfield, Warner of Salisbury, and Hubbard of Durham. The motion prevailed. Mr. Clark of Hartford moved that a committee of confer- ence to consist of twelve members be appointed by the President. Mr. Warner of Salisbury moved that the Convention ad- journ, to meet on Tuesday, at 12.30 o'clock P. M. The motion was discussed by Messrs. Waller of iSTew Lon- don, Brown of Norwich, Osborn of New Haven, Smith of AVinchester, and Collins of Columbia. Mr. Waller of New London raised the point of order that the motion to raise a committee was not superseded by the mo- tion to adjourn to a day certain, and hence the motion for a committee was before the Convention. The President ruled that the motion to adjourn was the first question before the Convention. The motion was discussed by Messrs. Gillette of Burling- ton and Hall of West Hartford, Mr. Huntington of Old Lyme moved that the previous question be ordered. The motion did not prevail. The motion to adjourn did not prevail. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 381 Mr. Perry of Fairfield raised the point of order that action on Sections 3 and 4 of Article Third having been recon- sidered, the reconsideration carried the question back to the point before the vote was taken, and the question was now npon the adoption of Sections 3 and 4 as amended. The President ruled that the point of order was well taken, and the motion of Mr. Clark of Hartford was accordino;lv not acted npon. Mr. Perry of Fairfield moved that the previous question be ordered. The motion prevailed. Mr. Perry of Fairfield moved that the vote be taken by Yeas and j^ays. The motion prevailed. The motion to adopt Sections 3 and 4 of Article Third as amended did not prevail. The vote was as follows : Those voting Yea were : Hartford County. — Messrs. Holmes, Dickinson, Loomis, Maltbie, Miller, Cooley, Havens, Bartlett, D. E. Phelps. Xew Haven County. — Messrs. Fisk, Griswold, Meigs, Ford, Hotchkiss, Eussell. !N"ew London County. — Messrs. Miner, Chipman, King, A. M. Brown, I. Gillette, Bromley, Killeen, Frink, Eiley, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Woodman, E. H. ISTorthrop, Bell, Mead, Wanzer, Sanford, Barnes, O. Hall, Gorham. Windham County. — Messrs. Fitts, Evans, L. N. Clark, Groesbeck, Latham, Burnham, Somes, Elliott, Waldo, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beards- ley, J. F. Smith, OTonnor, Camp, C. H. Smith, Crofut, D. T. Warner, Etheridge, Strong, Brinsmade, Woolson, Curtiss. 382 JOURISTAL OF THE CONSTITUTIONAL CONVENTION. Middlesex County. — Messrs. Pelton, Hubbard, Purple, Kettletoii, ^Y. H. Smith, Hale, Post. Tolland County. — Messrs. ISTewcomb, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Kinney. Those voting l^aj were : Hartford Connty. — Messrs. C. H. Clark, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, P. S. Bryant, Middleton, Grant, Cheney, Churchill, Condell, Holcomb, Sperry, Bissell, W. H. Hall, AVillard, Healy. XcAv Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. AYarner, S. R Woodward, A. E. Smith, Mc- Mahon, Webb, Lines, Wallace, Merwin, Whittemore, Marks, S. J. Bryant, Davis, Wooster, Kendrick, Upson, Bishop. 'New London County. — Messrs. F. T. Brown, Buell, Bailey, Allyn, Kaymond, J. F. Brown, Huntington, Morgan, Hinckley. Fairfield County. — Messrs. Davenport, Dempsey, Jen- nings, Pen-y, Shelton, C. H. Xorthrop, A. B. Woodward, Merritt, Stagg, AYakeman, Chichester. Windham County. — Messrs. Bugbee, Milner, Chandler. Litchfield County. — Messrs. Whittlesey, Kirby. Middlesex County. — Messrs. D. W. l^^orthrop, Markham, Brothwell, Coe, Blake, Terrill, L'Hommedieu. Tolland County. — Messrs. Skinner, Pinney, Phelps, W. H. Hall. Those absent and not voting were : Hartford County. — Messrs. Redfield, Vance. New Haven County. — Mr. Stevens. ISTew London County. — Mr. Waller. Fairfield County. — Messrs. R. J. Walsh, Whitlock, Seymour. Windham County. — Messrs. Boss, Hunt. Litchfield County. — Messrs. Hayes, Fyler. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 383 Middlesex County. — Mr. G. M. Clark. Tolland Coiintj. — Mr, Keeney. Whole number voting, . . . . .154 Necessary for passage, . . . . .85 Those voting Yea, . . . .81 Those voting Nay, . . . .73 Mr. Clark of Hartford moved that the President appoint a committee of twenty-four, of which the President of the Con- vention should be chairman, to consider the question of repre- sentation and formulate and report upon some plan for the consideration of the Convention. The motion was discussed by Messrs. Griswold of Guilford, Webb of Hamden, Clark of Hartford, and Warner of Salisbury. Mr. Webb of Hamden moved to amend the motion by add- ing that the committee be instructed to report to-morrow, Friday, at 11 o'clock A. M., and the report be made the Order of the Day for that time. The amendment was discussed by Messrs. Webb of Ham- den, Smith of Winchester, Osborn of New Haven, Loomis of Glastonbury, and Waller of New London. The amendment did not prevail. The motion of Mr. Clark of Hartford was further discussed by Messrs. Warner of Salisbury, Clark of Hartford, Collins of Columbia, Etheridge of Thomaston, Groesbeck of Chaplin, Perry of Fairfield, and Clark of Haddam. The motion prevailed. Mr. Perry of Fairfield moved that further action on Sec- tions 3 and 4 of Article Third be postponed to await the re- port of the committee to be appointed to consider the question of representation in the General Assembly. The motion prevailed. Mr. Strong of Warren moved to amend Article Third by Schedule " D." 384 JOURNAL OF THE CONSTITUTIONAL CONVENTION. The amendment was discussed by Messrs. Strong of "Warren and Perry of Fairfield. The amendment prevailed. The amendment is as follows : Schedule " D." In Section 6, line 4, after the word " November," add the figures and word " 1904 and," and after the word " bienni- ally " in line five add the word " thereafter." Mr. Etheridge of Thomaston moved to amend Article Third by Schedule " E." The amendment was discussed by Mr. Etheridge of Thomaston. The amendment prevailed. The amendment is as follows : Schedule " E." Strike out all after the word " elected " in the ninth line of Section 13. Insert, in lieu thereof, the following, viz. : " and until the General Assembly shall by law take action thereon, the Comptroller shall provide for such transportation." Mr. Perry of Eairfield moved to amend Article Fourth by Schedule " A." The amendment prevailed. The amendment is as follows : Schedule " A." In Section 11 of Article Fourth add the words, " unless the General Assembly by adjournment prevents such return," at the end of the section. Mr. Perry of Fairfield moved to amend Article Tenth by Schedule " A." The amendment was discussed by Mr. Perry of Fairfield. The amendment prevailed. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 385 The amendment is as follows : Schedule " A." In Section 10, line 5, change the words " are continued " to read " shall continue." Mr. Perry of Fairfield moved to amend Article Tenth by Schedule " B." The amendment was discussed by Mr. Warner of Salisbury. On motion of Mr. Perry of Fairfield, the amendment was tabled and ordered printed in the Journal. The proposed amendment is as follows : Schedule " B." In Article Tenth add Section 11, as follows: " This Con- stitution shall take effect upon its adoption by the electors, and shall then supersede the preceding Constitution, except that the present General Assembly shall continue for its original term, and the one to be chosen in November, 1902, shall be constituted and elected in accordance with the provisions of the Constitution so as aforesaid superseded." Mr. Perry of Fairfield moved to amend Article Eleventh by Schedule " A." The amendment prevailed. The amendment is as follows : Schedule " A." In line 2, Article Eleventh, after the word " necessary," add the words "they may propose amendments"; also erase the word " amend " in line 2, and the words " they may pro- pose such amendments," in line 3. Also, in line 10 transpose the words " be transmitted " to a place before the words " by the secretary." Also, in line 17 erase the words " the same," and insert, in lieu thereof, the word " they." c. c— 25 386 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Mr. Davenport of Bridgeport moved to amend Article Fifth by Schedule " A." The amendment was discussed by Mr, Davenport of Bridgeport. The amendment prevailed. The amendment is as follows : Schedule " A." Insert in line 6 of Section 4, after the word " court," the words : '' If any vacancy occurs in the office of judge of such courts when the General Assembly is not in session the Governor may appoint a judge to fill such vacancy until the rising of the next General Assembly, or until the vacancy is filled by the action of the Governor and the General Assembly as hereinbefore provided." Mr. Clark of Hartford moved to amend Article First by Schedule " A." The amendment was discussed by Messrs. Clark of Hartford and Waller of New London. The amendment prevailed. The amendment is as follows : Schedule " A." In Section 5, line 4, strike out the w^ords " all subjects." Insert, in lieu thereof, the following : " any subject." Convention Eesolution 'No. 232. Mr. Perry of Fairfield introduced a resolution authorizing the Comptroller to pur- •chase copies of the stenographic report of the proceedings of the Convention. On motion of Mr. Perry of Fairfield, the resolution was tabled. Mr. Davenport of Bridgeport moved to amend Article First by Schedule '' A." On motion of Mr. Davenport of Bridgeport, the amendment was tabled. JOUKNAL OF THE CONSTITUTIONAL CONVENTION. 387 Mr. Warner of Salisbury moved that when the Convention adjonrn it be to meet on Wednesday, May 7th, at 12.30 o'clock P. M. The motion prevailed. On motion of Mr. Clark of Hartford, the Convention, at 1.40 o'clock P. M., took a recess nntil 2.4-0 o'clock P. M. Thursday afternoon, May 1, 1902. The Convention was called to order at 2.40 o'clock P. M., the President in the Chair. APPOINT]MENT OF A COMMITTEE. The President announced the appointment of the following committee to consider and report on a plan of representation in the General Assembly : Messrs. Charles B. Andrews of Litchfield, Chairman, Marcus H. Holcomb of Southington, Donald T. Warner of Salisbury, William H. Hall of West Hartford, John H. Perry of Fairfield, Thomas M. Waller of New London, Charles H. Clark of Hartford, William J. Groesbeck of Chaplin, Daniel Davenport of Bridgeport, William A. Collins of Columbia, Edward H. Sears of Canton, John C. Brinsmade of Washington, Aurin P. Somes of Killingly, Norris G. Osborn of New Haven, Prank W. Etheridge of Thomaston, Frank T. Brown of Norwich, Gerald Waldo of Scotland, H. Wales Lines of Meriden, 388 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Jonathan B. Sanford of Redding, Charles Phelps of Vernon, Wellington B. Smith of Winchester, James F. Brown of North Stonington, Francis P. Giiilfoile of Waterbnry, Ralph W. Storrs of Mansfield, Henry E. Loomis of Glastonbury. On motion of Mr. Brothwell of Chester, the Convention, at 2.47 o'clock P. ]\r., adjourned, to meet on Wednesday, at 12.30 o'clock P. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 389 Wednesday, May Y, 1902. The Convention was called to order at 12.30 o'clock P. M., the President in the Chair. Prayer was offered by the Chaplain, Rev. Charles H. Smith of Plymouth. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Loomis, Maltbie, Miller, Cheney, Cooley, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. ISTew Haven County. — Messrs. Osborn, D. T. Walsh, A. D. Warner, S. R. Woodward, Fisk, A. E. Smith, McMahon, Griswold, Webb, Meigs, Lines, Wallace, Merwin, Whitte- more. Ford, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Russell, Kendrick, Upson, Bishop. 'Re\y London County. — Messrs. Waller, F. T. Brown, Miner, Buell, King, Bailey, I. Gillette, Allyn, Bromley, Ray- mond, Killeen, J. F. Brown, Morgan, Riley, E. B. Gallup, C. A. Gallup. Fairfield County. — ]\re-;srs. Davenport, Dempsey, Wood- man, E. H. ISTorthrop, Bell, Jennings, Perry, R. J. Walsh, Whitlock, Shelton, Mead, Wanzer, C. H. l^orthrop, A. B. Woodward, Sanford, Seymour, Barnes, Merritt, Stagg, O. Hall, Gorham, Wakeman, Chichester. Windham County. — Messrs. Boss, Bugbee, Fitts, Evans, L. jSi". Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, 390 JOUKNAL OF THE CONSTITUTIONAL CONVENTION. Hayes, Mallett, Belden, J. H. Smith, Wright, Whittlesey, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Kirby, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. D. W. ]S"orthrop, G. M. Clark, Markham, Brothwell, Pelton, Coe, Hubbard, Purple, Blake, Nettleton, Terrill, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Neweomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Keeney, Pinney, Phelps, W. H. Hall. Those absent and not answering were : Hartford County. — Messrs. Eedfield, Vance. New Haven County. — Messrs. Guilfoile, Stevens. New London County. — Messrs. Chipman, A. M. Brown, Huntington, Frink, Hinckley. Windham County. — Mr. Hunt. Litchfield County. — Messrs. Kellogg, Ely, Beardsley, Eyler. Tolland County. — Mr. Kinney. Whole number answering, .... 153 Those absent and not answering, . . .15 CONVENTION RESOLUTION. Convention Eesolution No. 233. Mr. Perry of Fairfield introduced a resolution of thanks for the commemorative oak trees sent to delegates. The resolution was passed. The following is the resolution : Eesolved, that the thanks of this Convention be and the same hereby are tendered to the Senators and Representatives in Congress from Connecticut and to the United States De- partment of Agriculture for the commemorative oak trees JOURNAL OF THE CONSTITUTIONAL CONVENTION. 391 recently sent to each delegate through their thoughtfulness and its courtesy. The Clerk of the Convention is directed to transmit a copy of this resolution to each Senator and Representative and to the said Department. Mr. Strong of Warren moved to amend Section 6 of Article Third by Schedule " E." The amendment was discussed by Messrs. Strong of "War- ren, Hotchkiss of Prospect, Brown of Norwich, and Perry of Fairfield. The amendment was adopted. Mr, Perry of Pairfield moved to amend Section 6 of Article Third by Schedule " G." The amendment was adopted. The following are the amendments : Schedule " F." In Section 6 of Article Third, line 11, after the word " representative," insert the following : " or upon the decease of said representative." Schedule " G." Add at the end of Section 6, Article Third, the following words : "' and for the election of Senators or Representatives if a vacancy occurs in either office." Convention Resolution No. 229. (See Convention Jour- nal, April 2 2d.) A resolution concerning the Board of Par- dons was taken from the table, on motion of Mr. Waller of !New London. The resolution was discussed by Messrs. Waller of New London, Clark of Haddam, and Davenport of Bridgeport. On a rising vote the resolution did not prevail. The vote was as follows: 392 JOURNAL OF THE CONSTITUTIONAL CONVENTION. "Whole number voting, . . . . .105 I JSTecessarj for passage, . . . . .85 Number voting Yes, . . .51 Number voting No, . . .54 Mr. Merritt of Stamford moved to amend Section 6 of Article Fifth by Schedule " B." The amendment, on a rising vote, did not prevail. The vote was as follows: Whole number voting, . . . . .73 Necessary for passage, . . . . .85 Number voting Yes, ... 69 Number voting No, ... 4 Mr. Waller of New London moved that the Convention reconsider its action upon the amendment. The motion to reconsider prevailed. The amendment was discussed by Messrs. Waller of New London and Pierce of Bristol. On a rising vote the amendment prevailed. The vote was as follows : Whole number voting, ..... 117 Necessary for passage, . . . . .85 Number voting Yes, . . .117 Number voting No, ... The following is the amendment : Schedule " B." In Article Fifth, Section 6, line 4, at the end of the section, add " or of law, or both." On motion of Mr. Warner of Salisbury, the Convention, at I.IG o'clock P. M., adjourned, to meet on Thursday, at II o'clock A. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 393 Thursday, May 8, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Rev. William ]\Iartin Brown of Bloomfield. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H, Clark, Holmes, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Loomis, Miller, Cheney, Cooley, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, Bis- sell, W. H. Hall, Willard, D. E. Phelps, Healy. ISTew Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, S. R Woodward, Fisk, A. E. Smith, McMahon, Griswold, Webb, Meigs, Lines, Wallace, Whitte- more, Ford, Marks, S. J. Bryant, Davis, Hotchkiss, Wooster, Kussell, Kendrick, Upson, Bishop. JSTew London County. — Messrs. Waller, F. T. Brown, Miner, Buell, King, A. M. Brown, Bailey, I. Gillette, Allyn, Bromley, Raymond, Killeen, J, F. Brown, Huntington, Frink, Morgan, E. B. Gallup, C. A. Gallup. Fairfield Count3^ — Messrs. Davenport, Dempsey, AVood- man, E. H. Northrop, Bell, Jennings, Perry, R. J. Walsh, Shelton, Mead, Wanzer, C. H. Northrop, A. B. Woodward, Sanford, Seymour, Barnes, Merritt, Stagg, 0. Hall, Gor- ham, Wakeman, Chichester. Windham County. — Messrs. Boss, Bugbee, Fitts, Evans, L. X. Clai'k, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, 394 JOURNAL OF THE COXSTITUTION^NX CONVENTION. Hayes, Mallett, Belden, J. II. Smith, Kellogg, Wright, Ely, Beardsley, AVhittlesey, J. F. Smith, O'Connor, Camp, C. II. Smith, Crofut, D. T. Warner, Kirby, Etheridge, Strong, Brinsmade, Woolson, Curtiss. ^Middlesex County. — Messrs. D. AV. Northrop, G. M. Clark, Brothwell, Pelton, Coe, Hubbard, Purple, Blake, Xettletou, Terrill, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Xewcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Keeney, Pinney, Kinney, Phelps, W. H. Hall. Those absent and not answering were : Hartford County. ^ — Messrs. Redfield, Maltbie, Vance. Xew Haven County. — Messrs. Stevens, MerAvin. Xew London County. — Messrs. Chipman, Riley, Hinck- ley. Fairfield County. — Mr. Whitlock. Windham County. - — Mr. Hunt. Litchfield County. — Mr. Fyler. Middlesex County. — Mr. Markham. Whole number answering, . . . .157 Xumber absent and not answering, . .11 [Vice-President Perry in the Chair.] Mr. Strong of Warren moved to amend Article First by Schedule ''' A." The motion to amend was discussed by Messrs. Strong of Warren, Northrop of Middletown, Andrews of Litchfield, and Brown of Norwich. The motion to amend did not prevail. REPORT OF A COMMITTEE. President Andrews, chairman of the committee appointed to consider and report on the question of representation, re- ported that the committee were unable to agree upon any JOURNAI. OF THE CONSTITUTIONAL CONVENTION. 395 plan of representation in the General Assembly, and requested the Convention that the report of the committee be accepted and the committee discharged. Mr. Osborn of ISTew Haven moved that the report be ac- cepted, and the committee discharged. The motion was discussed by Mr. Bryant of Orange. The motion prevailed. [The President in the Chair.] CONVENTION RESOLUTIONS. Convention Eesolution jSTo. 234. Mr. Osborn of New Haven introduced a resolution providing that every town less than five thousand should have one representative; towns from five thousand to twenty thousand shall have two repre- sentatives, and one additional representative for every forty thousand of population in excess of said twenty thousand; and a Senate consisting of forty-five members. The resolution was discussed by Messrs. Osborn of New Haven, Warner of Salisbury, Clark of Haddam, Hall of Willington, and Brown of Norwich. Mr. Osborn of New Haven moved that the vote on the pending resolution be taken by Yeas and Nays. The motion prevailed. The resolution was not adopted. The vote was as follows : Those voting Yea were: Hartford County. — Messrs. C. H. Clark, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, P. S. Bryant, Grant, Cheney, Churchill, Condell, Holcomb, Sperry, Bissell, Healy. New Haven County. — Messrs. Osborn, D. T. Walsh, A. D. Warner, S. E. Woodward, A. E. Smith, McMahon, Webb, 396 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Lines, Wallace, Whittemore, Marks, S. J. Bryant, Davis, Wooster, Kendrick, Upson, Bishop. New London County. — Messrs. Waller, F. T. Brown, Buell, Bailey, Raymond, J. F. Brown, Huntington, Morgan. Fairfield County. — Messrs. Davenport, Dempsey, Jen- nings, Perry, E. J. Walsh, Shelton, C. H. Xorthrop, A. B. Woodward, Seymour, Merritt, Stagg. Windham County. — Messrs. Boss, Bugbee, Chandler, Litchfield County. — Messrs. Hayes, Whittlesey. Middlesex County. — Messrs. D. W. jSTorthrop, Brothwell, Coe, Blake, Terrill, L'Hommedieu. Tolland County. — Messrs. Skinner, Hawkins, Keeney, Pinney, Phelps, W. H. Hall. Those voting ^aj were : Hartford County. — Messrs. Holmes, Dickinson, Middle- ton, Loomis, Miller, Cooley, Havens, Bartlett, W. H. Hall, Willard. !N"ew Haven County. — Messrs. Fisk, Griswold, Ford, Hotchkiss, Russell. New London County. — Messrs. Miner, King, I. Gillette, Bromley, Killeen, Frink, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Woodman, E. H. Northrop, Bell, Mead, AVanzer, Sanford, Barnes, 0. Hall, Gorham, Wakeman, Chichester. Windham County. — Messrs. Fitts, Evans, L. N. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beards- ley, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Kirby, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. G. M. Clark, Pelton, Hub- bard, Purple, Nettleton, W. H. Smith, Hale, Post JOURNAL OF THE CONSTITUTIONAL CONVENTION. 397 Tolland County. — Messrs. Newcomb, Sumner, Collins, Charter, Porter, Storrs. Those absent and not voting were : Hartford County. — Messrs. Eedfield, Vance, D. E. Phelps. New Haven County. — Messrs. Guilfoile, Stevens, Meigs, Merwin. New London County. — Messrs. Chipman, A. M. Brown, Allyn, Riley, Hinckley. Fairfield County. — Mr. "Whitlock. Windham County. — Mr. Hunt. Litchfield Coimty. — Mr. Fyler. Middlesex County. — Mr. Markham. Tolland County. — Mr. Kinney. Whole number voting, .... 149 Necessary for passage, . . . .85 Those voting Yea, . . .68 Those voting Nay, . . .81 Mr. Warner of Salisbury, at 12.55 o'clock P. M., moved that the Convention take a recess until 2 o'clock P. M. The motion prevailed. Thursday afternoon, May 8, 1902. The Convention was called to order at 2 o'clock P. M., the President in the Chair. Mr. Clark of Hartford moved that when the Convention adjourn it adjourn to meet tomorrow, Friday, at 11 o'clock A. M. Mr. Loomis of Glastonbury moved to amend by making the adjournment until next Tuesday at 12.30 o'clock P. M. 398 JOURNAL OF THE CONSTITUTIONAL CONVENTION. T-he motion to amend prevailed. The motion as amended then prevailed. CONVENTION RESOLUTIONS. Convention Resolution ISTo. 235. Mr. Bissell of Snffield introdnced a resolution providing that every town of less than two thousand shall have one representative; between two thousand and twenty thousand, two representatives and one additional representative for every forty thousand of population; and a Senate of forty-five members. The resolution was discussed by Messrs. Bissell of Suffield, Waller of I^ew London, Bryant of Orange, Clark of Haddam, and Warner of Salisbury. Mr. Bissell of Suffield moved that when the vote be taken on the resolution it be by the Yeas and Xays. The motion prevailed. On motion of ]\Ir. Huntington of Old Lyme, the previous question was ordered. The resolution was not adopted. The vote w^as as follows : Those voting Yea were : Hartford County. — Messrs. C. H. Clark, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, P. S. Bryant, Middleton, Grant, Cheney, Churchill, Condell, Holcomb, Sperry, Bissell, Willard, Healy. New Haven County. — Messrs. Osborn, Guilf oile, D. T. Walsh, A. D. Warner, A. E. Smith, Webb, Lines, Marks, Davis, Kendrick, Upson. New London County. — Messrs. Waller, F. T. Brown, Buell, Bailey, Eaymond, J. F. Brown, Iluntington, Morgan, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Jen- nings, Perry, R. J. Walsh, Mead, C. H. Northrop, A. B. Woodward, Seymour, Merritt, S'tagg, Wakeman, Chichester. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 399 Windham County. — Messrs. Boss, Bngbee, Milner, Chandler. Litchfield County. — Mr. Kirby. Middlesex County. — Messrs. G. M. Clark, Brothwell, Blake, Terrill. Tolland County. — Messrs. Skinner, Keeney, Phelps. • Those voting Nay were : Hartford County. — Messrs. Holmes, Dickinson, Loomis, Miller, Cooley, Havens, Bartlett, ^Y. H. Hall. Xew Haven County. — Messrs. S. R. Woodward, Fisk, McMahon, Griswold, Meigs, Wallace, Whittemore, Ford, S. J. Bryant, Hotchkiss, Russell, Bishop. Xew London County. — Messrs. Miner, King, I. Gillette, Allyn, Bromley, Frink, E. B. Gallup. Fairfield County. — Messrs. Woodman, E. H. jSTorthrop, Bell, Shelton, Wanzer, Sanford, Barnes, O. Hall, Gorham. Windham County. — Messrs. Fitts, Evans, L. JST. Clark, Groesbeck, Latham, Burnham, Somes, Elliott, Waldo, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beardsley, Whittlesey, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. D. W. jSTorthrop, Pelton, Coe, ILibbard, Purple, ISTettleton, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. ISTewcomb, Sumner, Collins, Charter, Porter, Storrs, Pinney, W. H. Hall. Those absent and not voting were : Hartford County. — Messrs. Redfield, Maltbie, Vance, D. E. Phelps. Xew Haven County. — Messrs. Stevens, Merwin, Wooster. 400 JOUKN^^X OF THE CONSTITUTIONAL CONVENTION. i^ew London County. — Messrs. Chipman, A. M. Brown, Killeen, Eiley, Hinckley. Fairfield County. — Mr. Whitlock. Windham County. — Mr. Hunt. Litchfield County. — Mr. Fyler. Middlesex County. — Mr. Markham. ■ Tolland County. — Messrs. Hawkins, Kinney. "Whole number voting, J^ecessary for passage, Those voting Yea, Those voting ]^ay. . 149 . 85 62 87 Convention Eesolution jSTo. 236. Mr. Sanford of Redding introduced a resolution providing that every town of less than ten thousand population shall have one representative; towns of less than fifty thousand population, two representa- tives, and one additional representative for each fifty thou- sand of population in excess of the first fifty thousand; and a Senate consisting of forty-five members. The resolution was discussed by Messrs. Waller of 'New London, Davenport of Bridgeport, and Bryant of Orange. Mr. Bryant of Orange moved that when the vote be taken it be by the Yeas and iSTays. The motion prevailed. The resolution was not adopted. The vote was as follows: Those voting Yea were : Hartford County. — Messrs. C. H. Clark, Jarvis, W. M. Brown, E. S. Gillette, Sears, P. S. Bryant, Cheney, Churchill, Sperry, Willard, Healy. New Haven County. — Messrs. A. D. Warner, S. E. Woodward, Wallace, Whittemore, Ford, Marks, S. J. Bryant, Davis, AYooster, Upson, Bishop. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 401 New London County. — Messrs. Waller, F. T. Brown, Buell, Eajmond, J. F. Brown, Huntington, Morgan. Fairfield County. — Messrs. Dempsey, Jennings, Perry, E. J. Walsh, Shelton, A. B. Woodward, Sanford, Seymour, Merritt, O. Hall, Wakeman. Litchfield County. — Messrs. Hayes, Mallett, J. H. Smith, Whittlesey, Kirby. Middlesex County. — Messrs. Coe, Blake, Terrill, L'Hom- medieu. Tolland County. — Messrs. Skinner, W. H. -Hall. Those voting jSTay were : Hartford County. — Messrs. Holmes, Pierce, Dickinson, Middleton, Grant, Loomis, Miller, Cooley, Condell, Havens, Bartlett, Holcomb, Bissell, W. H. Hall. I^ew Haven County. — Messrs. Osborn, Guilf oile, D. T. Walsh, Fisk, A. E. Smith, McMahon, Griswold, Webb, Meigs, Lines, Hotchkiss, Russell, Kendrick. New London County. — Messrs. Miner, King, Bailey, I. Gillette, Bromley, Frink, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Woodman, E, H. Xorthrop, Bell, Mead, Wanzer, C. H. Northrop, Stagg. Gor- ham, Chichester. AVindham County. — Messrs. Bugbee, Fitts, Evans, L. IST. Clark, Groesbeck, Latham, Burnham, Milner, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Belden, Kellogg, Wright, Ely, Beardsley, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Eth- eridge. Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Brothwell, Pelton, Hubbard, Purple, Nettleton, W. H. Smith, Hale, Post. Tolland County. — Messrs. Newcomb, Sumner, Collins, Charter, Porter, Storrs, Keeney, Pinney, Phelps, c. c— 26 402 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Those absent and not voting were: Hartford County. — Messrs. Eedfield, Maltbie, Vance, D. E. Phelps. Xew Haven Count j. — Messrs. Stevens, Merwin. ISTew London County. — Messrs. Chipman, A. M. Brown, Allyn, Killeen, Riley, Hinckley. Fairfield County. — Messrs. Whitlock, Barnes. Windham County. — Messrs. Boss, Somes, Hunt. Litchfield County. — Mr. Fyler. Middlesex' County. — Mr. Markham. Tolland County. — Messrs. Hawkins, Kinney. Whole number voting, .... 146 !N"ecessary for passage, . . . .85 Those voting Yea, . . .51 Those voting Xay, . . .95 On motion of Mr. Warner of Salisbury, the Convention, at 2.50 o'clock P. M., adjourned to meet on Tuesday, May 13th, at 12.30 o'clock P. M. JOURNAL OF THE COXSTITUTIONAL COSTVENTION. 403 Tuesday, May 13, 1902. The Convention was called to order at 12.30 o'clock P. M., the President in the Chair. Prayer was offered by the Chaplain, Eev. Charles H. Smith of Plymouth. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Loomis, Maltbie, Miller, Cheney, Cooley, Churchill, Condell, Havens, Bartlett, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. Xew Haven County. — Messrs. Osborn, D. T. Walsh, S. E. Woodward, Eisk, A. E. Smith, McMahon, Griswold, Meigs, Lines, Wallace, Whittemore, Ford, Marks, Davis, Hotchkiss, Wooster, Russell, Kendrick, Upson, Bishop. Xew London County. — Messrs. F. T. Brown, Miner, Buell, King, A. M. Brown, Bailey, I. Gillette, Allyn, Brom- ley, Raymond, Killeen, J. F. Brown, Fluntington, Frink, Morgan, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Wood- man, E. H. Xorthrop, Bell, Jennings, Perry, Shelton, Mead, Wanzer, C. H. Northrop, A. B. Woodward, Sanford, Sey- mour, Barnes, Merritt, Stagg, O. Hall, Gorham, Wakeman, Chichester. Windham County. — Messrs. Boss, Bugbee, Fitts, Evans, L. X. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Hunt, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Wright, Ely, Beardsley, Whittlesey, J. F. Smith, O'Connor, Camp, C. H. Smith, Cro- 404 JOUKNAL OF THE CONSTITUTIONAL CONVENTION. fut, D. T. "Warner, Ethericlge, Strong, Brinsmade, AVoolson, Curtiss. Middlesex County. — Messrs. D. W. Xortlirop, G. M. Clark, Brothwell, Pelton, Coe, Hubbard, Purple, Blake, Net- tleton, Terrill, Hale, L'Hommedieu, Post. Tolland County. — Messrs. ISTewcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Keeney, Pinney, Kinney, Phelps, W. H. Hall. Those absent and not answering were : Hartford County. — Messrs. Pierce, Eedfield, Vance, Hol- comb, Sperry. Xew Haven County. -- Messrs. Guilfoile, A. D. Warner, Stevens, Webb, Merwin, S. J. Bryant. "New London County. — Messrs. Waller, Chipman, Eiley, Hinckley, E. B. Gallup. Fairfield County. — Messrs. R. J. Walsh, Whitlock. Litchfield County. — Messrs. Kellogg, Kirby, Pyler. Middlesex County. — Messrs. Markham, W. H. Smith. Number answering, ..... 145 Xumber not answering, . . . .23 CONVENTION RESOLUTIONS. Mr. Brothwell of Chester introduced a resolution provid- ing for one representative from each town and an additional representative from each senatorial district, and a Senate consisting of from forty-five to forty-eight members. The resolution was discussed by Messrs. Perry of Fairfield, Warner of Salisbury, Hotchkiss of Prospect, Smith of Win- chester, Brown of Norwich, Osborn of New Haven, and Hale of Portland. Mr. Brown of Norwich moved that the resolution be tabled. Mr. Smith of Winchester started to discuss the motion when Mr. Brown of Norwich raised the point of order that a motion to table was not debatable. JOURNAL OF THE CONSTITUTTONxVL CONVENTION. 405 The President miled that the point of order was well taken. Mr. Broth well of Chester, who introduced the resolution, requested permission to withdraw it. Mr. Smith of Winchester raised the point of order that the resolution having been under consideration by the Convention could not be withdrawn without the unanimous vote of the Convention. The President ruled that the point of order was not well taken, as the rules of the Convention expressly stated that a resolution could be withdrawn by the person who introduced it at any time before decision or amendment is had thereon. Mr. Brothwell of Chester then withdrew the resolution. Mr. Pisk of Branford introduced a resolution providing that the House of Representatives shall consist of electors residing in the town from which they are elected, and that every town shall be entitled to send one representative, and that the Senate shall consist of electors residing in districts from which they are elected, and that there shall be sixty of said districts based on population. Mr. Fisk of Branford moved that when the vote be taken on the resolution it be divided, so that the vote on the question of representation in the House and Senate should be taken separately. Mr, Huntington of Old Lyme moved that the previous question be ordered on the motion. The motion that the previous question be ordered did not prevail. The motion that the sections in the resolution be voted upon separately was then discussed by Mr. Clark of Haddam. The motion that when the resolution be voted upon that the sections be voted upon separately then prevailed. Mr. Skinner of Andover raised the point of order that the resolution pending before the Convention was out of order, because a similar resolution had already been considered by the Convention and rejected. 406 JOURNAL OF THE CONSTITUTIONAL CONVENTION. The President ruled that as the pending resolution was identical in terms with a previous resolution that the Con- vention had considered and rejected, that the point of order was well taken. Mr. Fisk of Branford appealed from the ruling of the Presi- dent. The appeal was not sustained. Convention Resolution Xo. 237. Mr. Wanzer of I^ew Fairfield introduced a resolution providing that every town under five thousand population shall have one representa- tive, and every town of over five thousand population shall have two representatives, and a Senate consisting of thirty-six members. Mr. "Warner of Salisbury raised the point of order that the resolution was not in order because in effect it was similar to resolutions previously considered and rejected. The President ruled that the resolution not being identical in terms with any resolution previously considered by the Con- vention, the point of order was not well taken. The resolution was then discussed by Messrs. Perry of Fairfield, Clark of Haddam, and Griswold of Guilford. Mr. Milner of Plainfield moved that when the vote be taken it be by Yeas and jSTays. The motion did not prevail. The resolution was then rejected by a rising vote. The vote was as follows : Whole number voting, .... 104 ISTecessary for passage, . . . .85 Those voting Yes, . . .34 Those voting No, . . .70 Convention Eesolution ISTo. 231. A resolution paying the Clerks of the Convention for their services and expenses, was taken from the table, on motion of Mr. Hall of "Willington. The resolution was discussed by Messrs. Hall of Willington, JOURNAL OF THE CONSTITUTIONAL CONVENTION. 407 Warner of Salisbury, Clark of Haddam, Osborn of ISTew Haven, and Clark of Hartford. On motion of Mr. Huntington of Old Lyme, the previous question was ordered. The resolution was then adopted. Following is the resolution : Kesolved by this Convention : That the Comptroller be and hereby is authorized and directed to draw his order on the Treasurer in favor of Frank E. Healy for twenty-five hundred dollars, and George E. Hin- man for fifteen hundred dollars, for their services and ex- penses as Clerks of the Convention, said sums being the amounts fixed by law for Clerks of the House of Representa- tives. Convention Eesolution No. 238. Mr. Flail of Willington introduced a resolution paying M. H. Moyer for services ren- dered the committee on Rules. The resolution was discussed by Mr. Hall of Willington. The resolution was adopted. Following is the resolution : Resolved by this Convention : That the Comptroller be and he hereby is authorized and directed to draw his order on the Treasurer for the sum of ten dollars in favor of M. H. Moyer for services rendered to the Convention committee on Rules. Convention Resolution Xo. 232. A resolution authorizing the Comptroller to purchase copies of the stenographic report of the proceedings of the Convention, was taken from the table, on motion of Mr. Perry of Fairfield. The resolution was discussed by Messrs. Perry of Fairfield, Northrop of Middletown, Clark of Haddam, Clark of Hart- ford, Hall of Willington, Smith of AVinchester, and Warner of Salisbury. The resolution was adopted. Following is the resolution : 408 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Eesolved by this Convention : That the Comptroller be and he hereby is authorized to incur such reasonable expense not exceeding twenty-five hun- dred dollars, as may be necessaiy to procure from Mr. Leonard W. Cogswell, the stenographer, at least two transcripts of his stenographic notes of the proceedings of this Constitutional Convention for preservation in the archives of the State, one copy to be filed with the Secretary of State, and the other to be placed in the State Library, but this arrangement shall not be made with the said Cogswell except upon the condition that no other copies in whole or in part shall be directly or in- directly sold by him. Convention Resolution JSTo. 239. Mr. "Woodward of ^or- walk introduced a resolution that the House of Representatives shall consist of not less than two hundred nor more than two hundred and twenty members, and that each town shall have at least one representative, and providing further that the General Assembly of 1903 shall apportion the number of representatives among the several towns. The resolution was discussed by Mr. Woodward of Xorwalk. The resolution was rejected by a rising vote. The following is the vote : Whole number voting, . . . . .84 Necessary for passage, . . . . .85 Those voting Yes, .... 9 Those voting 'No, . . . .75 Convention Resolution ISTo. 240. Mr. Coe of Cromwell introduced a resolution providing for an amendment to the Constitution by striking out in line 2 of Section 13, on page 10 of file JSTo. 151, the word " five," and inserting in lieu thereof the words " not less than three." The resolution was discussed by Mr. Coe of Cromwell. Mr. Clark of Haddam moved that the resolution be tabled. J0UR1!«^AL OF THE COXSTITUTIOXAL CONVENTIOK". 409 The motion did not prevail. The resolution was then rejected. Convention Resolution No. 32. A resolution providing that every town shall be entitled to send one representative, and every town whose population is four thousand or over up to ten thousand shall be entitled to send two representatives, and one additional representative for every ten thousand popu- lation in excess of ten thousand population, was taken from the table on motion of Mr. Osborn of ISTew Haven. The resolution was discussed by Mr. Osborn of New Ha- ven. On motion of Mr. Osborn of New Haven, the vote on the resolution was taken by Yeas and Nays. The vote was as follows : Those voting Yea were: Hartford County. — Messrs. C. H. Clark, W. M. Brown, P. S. Bryant, Grant, Cheney, Churchill, Bissell, W. H. Hall. New Haven County. — Messrs. Osborn, D. T. Walsh, Mc- Mahon, Lines, Kendrick, Bishop. New London County. — Messrs. F. T. Brown, Bailey. Fairfield County. — Messrs. Davenport, Dempsey, C. H. Northrop, A. B. Woodward, Merritt, Stagg. Windham County. — Mr. Chandler. Middlesex County. — Messrs. D. W. Northrop, Brothwell, Blake. Those voting Nay were: Hartford County. — Messrs. Holmes, Sears, Dickinson, Middleton, Loomis, Maltbie, Cooley, Havens, Bartlett, Wil- ' lard, D. E. Phelps, Healy. New Haven County. — Messrs. S. R. Woodward, Fisk, A. E. Smith, Griswold, Meigs, Wallace, Whittemore, Ford, Marks, Davis, Hotchkiss, Russell, Upson. New London County. — Messrs. Miner, Buell, King, A. 410 JOURNAL OF THE CONSTITUTIONAL CONVENTION. M. Brown, I, Gillette, Allyn, Bromley, Raymond, Killeen, J. F. Brown, Huntington, Frink, Morgan, C. A. Gallup. Fairfield County. — Messrs. Woodman, Bell, Perry, Shel- ton, Wanzer, Sanford, Seymour, Barnes, O. Hall, Gorham, Wakeman, Chichester. Windham County. — Messrs. Bugbee, Fitts, Evans, L. IST. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Hunt, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, Wright, Ely, Beardsley, J. F. Smith, O'Connor, C. H. Smith, Crofut, D. T. Warner, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. G. M. Clark, Pelton, Coe, Hubbard, Purple, Xettleton, Terrill, Hale, L'Hommedieu, Post. Tolland County. — Messrs. ISTewcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Keeney, Pinney, Kinney, Phelps, W. H. Hall. Those absent and not voting were : Hartford County. — Messrs. Jarvis, Pierce, E. S. Gillette, Redfield, Miller, Vance, Condell, Holcomb, Sperry. iSTew Haven County. — Messrs. Guilfoile, A. D. Warner, Stevens, Webb, Merwin, S. J. Bryant, Wooster. ISTew London County. — Messrs. Waller, Chipman, Riley, Hinckley, E. B. Gallup. Fairfield County. — Messrs. E. H. IsTorthrop, Jennings, R. J. Walsh, Whitlock, Mead. Windham County. — Mr. Boss. Litchfield County. — Messrs. J. H. Smith, Kellogg, Whit- tlesey, Camp, Kirby, Fyler. Middlesex County. — Messrs. Markham, W. H. Smith. Whole number voting, ..... 132 Necessary for passage, . . . . .85 Those voting Yea, . . . .26 Those voting Nay, . . . .106 JOURNAL OF THE CONSTITUTIONAL CONVENTION. 411 Convention Resolution ^o. 151. A resolution providing that each town shall have at least one representative was taken from the table, on motion of Mr. Clark of Haddam. The resolution was discussed by Mr. Clark of Haddam. The resolution was adopted. Following is the resolution : Resolved by this Convention : That every town in this State shall be entitled to at least one representative. Mr. Hall of Willington introduced a resolution providing that the Comptroller should pay to certain members of the Convention a certain amount of money for their transporta- tion to the Convention. The resolution was discussed by Messrs. Hall of AVillington, Phelps of Vernon, and Warner of Salisbury. Mr. Hall of Willington withdrew the resolution. Convention Resolution No. 211. Mr. Hall of Willington introduced a resolution providing for the payment of the services of the Chaplains of the Convention. The resolution was discussed by Messrs. Hall of Willing- ton, Clark of Hartford, Perry of Pairfield, Osborn of New Haven, Clark of Haddam, Northrop of Middletown, Warner of Salisbury, Milner of Plainfield, and Davenport of Bridge- port. The resolution was adopted. The following is the resolution : Resolved by this Convention : That the Comptroller be and he hereby is authorized and directed to draw his order on the Treasurer for the sum of one hundred dollars in favor of Rev. AVilliam Martin Brown of Bloomfield and Rev. Charles H. Smith of Plymouth, Chap- lains of this Convention. On motion of Mr. Clark of Haddam, the Convention, at 3.30 o'clock P. M., adjourned, to meet on Wednesday, at 11 o'clock A. M. 412 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Wednesday, May 14, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Eev. AVilliam Martin Brown of Bloomfield. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford Comity. — Messrs. C. H. Clark, Holmes, Jarvis, AV. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Loomis, Miller, Cooley, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, Bis- sell, W. H. Hall, Willard, D. E. Phelps, Healy. ISTew Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, S. E. Woodward, Fisk, A. E. Smith, McMahon, Gris- wold, Meigs, Lines, Wallace, Whittemore, Ford, Marks, Davis, Hotchkiss, Wooster, Eussell, Kendrick, Upson, Bishop. jSTew London County. — Messrs. F. T. Brown, Miner, Buell, Chipman, King, A. M. Brown, Bailey, I. Gillette, Allyn, Bromley, Eaymond, Killeen, J. F. Brown, Hunting- ton, Frink, Morgan, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Wood- man, E. H. l^orthrop, Bell, Jennings, Perry, Whitlock, Shel- ton. Mead, Wanzer, C. H. ISTorthrop, A. B. Woodward, San- ford, Seymour, Barnes, Merritt, Stagg, O. Hall, Gorham, Wakeman, Chichester. Windham County. — Messrs. Bugbee, Fitts, Evans, L. N. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Chandler, Bowen. Litchfield Countv. — Messrs. W. B. Smith, Eieach, Case, JOURNAL OF THE CONSTITUTIONAL CONVENTION. 413 Mallett, Bel den, J. II. Smith, Kellogg, Wright, Ely, Beards- ley, Whittlesey, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofnt, D. T. Warner, Etheridge, Strong, Brinsmade, Wool- son, Ciirtiss. Middlesex Connty. — Messrs. D. W. Northrop, G. M. Clark, Markham, Brothwell, Pelton, Coe, Hubbard, Purple, Blake, N'ettleton, Terrill, W. H. Smith, Hale, L'Hommedien, Post, Tolland County. — Messrs. jSTeweomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Keeney, Pinney, Kinney, Phelps, W. H. Hall. / Those absent and not answering were : Hartford County. — Messrs. Redfield, Maltbie, Cheney, Vance. New Haven County. — Messrs. A. D. Warner, Stevens, Webb, Merwin, S. J. Bryant. JSTew London County. — Messrs. AValler, Riley, Hinckley. Eairfield County. — Mr. R. J. Walsh. Windham County. — Messrs. Boss, Hunt. Litchfield County. — Messrs. Hayes, Kirby, Eyler. Whole number answering, . . . .150 JSTumber absent and not answering, . . .18 CONVENTION RESOLUTIONS. Convention Resolution No. 242. Mr. Bailey of Groton introduced a resolution providing for the submission to the people of two plans of representation, the " One and Sixty " plan and the " Population " plan. The resolution did not prevail. Convention Resolution No. 243. Mr. Warner of Salis- bury introduced a resolution adopting the system of repre- sentation embodied in Section Three, Article Three, of Eile No. 151 (one Representative from each town). 414 JOURNAL OF THE CONSTITUTIONAL CONVENTION. The resolution was discussed by Messrs. AYarner of Salis- bury and Perry of Fairfield. Mr. Warner of Salisbury moved that when the vote be taken it be taken by Yeas and Xays. The motion prevailed. The resolution did not prevail. The vote was as follows : Those voting Y"ea were : Hartford County. — Messrs. Holmes, Loomis, Miller, Cooley, Havens, Bartlett, D. E. Phelps. New Haven County. — Messrs. Fisk, Griswold, Meigs, Ford, Hotchkiss, Russell. ISTew London County. — Messrs. Miner, Chipman, King, A. M. Brown, I. Gillette, Allyn, Bromley, Killeen, Frink, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Woodman, E. H. ISTorthrop, Bell, Wanzer, Sanford, Barnes, O. Hall, Gorham. Windham County. — Messrs. Fitts, Evans, L. 1^. Clark, Groesbeck, Latham, Burnham, Somes, Elliott, Waldo, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beards- ley, J. F. Smith, O'Connor, C. H. Smith, Crofut, D. T. Warner, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. Pelton, Hubbard, Purple, Nettleton, W. H. Smith, Hale, Post. Tolland County. — Messrs. Sumner, Collins, Hawkins, Charter, Porter, Storrs, Kinney. Those voting ISTay were : Hartford County. — Messrs. C. H. Clark, Jarvis, W. M. Brown, E. S. Gillette, Sears, Middleton, Grant, Churchill, Condell, Holcomb, Bissell, W. H. Hall. 'New Haven County. — Messrs. Osborn, Guilfoile, D. T. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 41 ^ Walsh, S. R. Woodward, A. E. Smith, McMahon, Lines, Wallace, Whittemore, Marks, Davis, Wooster, Kendrick, Upson, Bishop. ISTew London County. — Messrs. F. T. Brown, Buell, Bailey, Eaymond, J. F. Brown, Huntington, Morgan. Fairfield County. — Messrs. Davenport, Dempsey, Jen- nings, Perry, Whitlock, Shelton, Mead, C. H. Northrop, A. B. Woodward, Merritt, Stagg, Wakenian, Chichester. Windham County. — Messrs. Bugbee, Milner, Chandler. Litchfield County. — Mr. Whittlesey. Middlesex County. — Messrs. D. W. Xorthrop, Markham, Brothwell, Coe, Blake, Terrill, L'Hommedieu. Tolland County. — ■ Messrs. Skinner, Pinney, Phelps. Those absent and not voting were : Hartford County. — Messrs. Pierce, Dickinson, P. S. Bryant, Eedfield, Maltbie, Cheney, Vance, Sperry, Willard, Healy. JSTew Haven County. — Messrs. A. D. Warner, Stevens, Webb, Merwin, S. J. Bryant. JSTew London County. — Messrs. Waller, Piley, Hinckley. Fairfield County. — Messrs. R. J. Walsh, Seymour. Windham County. — Messrs. Boss, Hunt. Litchfield County. — Messrs. Hayes, Camp, Kirby, Fyler. Middlesex County. — Mr. G. M. Clark. Tolland County. — Messrs. ISTewcomb, Keeney, W. H. Hall. Whole number voting, Necessary for passage. Those voting Yea, Those voting Nay, . 137 . 85 Y6 61 Convention Resolution No. 244. Mr. Warner of Salisbury introduced a resolution providing that every town shall elect one representative; every incorporated city having a popula- 416 JOURNAL OF THE CONSTITUTIONAL CONVENTION. tion of fifteen to fifty thousand, one representative; fifty thousand to one hundred thousand, two representatives; and one hundred thousand and over, three representatives; and that the Senate shall consist of forty-five members. The resolution was discussed by Messrs. "Warner of Salis- bury, Osborn of jS^ew Haven, Northrop of Middletown, Gil- lette of Burlington, and Smith of Winchester. Mr. Griswold of Guilford moved to amend by Schedule " A," providing for one representative from each town and one additional from each town containing an incorporated city. The amendment w^as discussed by Messrs. Griswold of Guilford, Milner of Plainfield, Davenport of Bridgeport, Warner of Salisbury, Guilfoile of Waterbury, and Wood- ward of Xorwalk. The amendment Schedule " A " did not prevail. Mr. Warner of Salisbury moved that when the vote on the resolution be taken it be taken by Yeas and Nays. The motion prevailed. The resolution did not prevail. The vote was as follows : Those voting Yea were : Hartford County. — Messrs. Holmes, E. S. Gillette, Dick- inson, Miller, Havens, W. H. Hall. New Haven County. — Messrs. S. R. Woodward, Meigs, Ford, Davis, Hotchkiss. New London County. — Messrs. A. M. Brown, Allj^n, Kil- leen. Fairfield County. — Messrs. Dempsey, Bell, Mead, San- ford, Barnes, O. Hall. Windham County. — Messrs. Groesbeck, Latham, Burn- ham, Somes, Elliott, Waldo. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beards- JOURNAL OF THE COKSTITUTlOiNAL CONVEISTION. 417 ley, Whittlesey, J. F. Smith, Camp, G. H. Smith, D. T. Warner, Etheridge, Strong, Brinsmade, Woolson, Curtiss. Middlesex Coimty. — Messrs. Pelton, Coe, Hnbbard, jSTet- tleton, W. H. Smith, L'Hommedien. Tolland County. — Messrs. Snmner, Collins, Storrs, Kin- ney, W. H. Hall. Those voting Xay were : Hartford County. — Messrs. C. H. Clark, Jarvis, W. M. Brown, Pierce, Sears, P. S. Bryant, Middleton, Grant, Con- dell, Bartlett, Holcomb, Bissell, Willard, Healy. Xew Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, Pisk, A. E. Smith, McMahon, Griswold, Lines, Wal- lace, Whittemore, Marks, Wooster, Eussell, Kendrick, Up- son, Bishop. iSTew London County. — Messrs. P. T. Brown, Miner, Buell, Chipman, King, Bailey, I. Gillette, Bromley, Ray- mond, Prink, Morgan, E. B. Gallup, C. A. Gallup. Pairfield County. — Messrs. Davenport, Woodman, E. H. jSTorthrop, Jennings, Perry, Whitlock, Shelton, Wanzer, C. H. ]^orthrop, A. B. Woodward, Seymour, Merritt, Stagg, Gorham, Wakeman, Chichester. Windham County. — Messrs. Bugbee, Pitts, L. IST. Clark, Milner, Chandler, Bowen. Litchfield County. — Messrs. O'Connor, Crofut. Middlesex County. — Messrs. D. W. Xorthrop, G. M. Clark, Markham, Brothwell, Blake, Terrill, Hale, Post. Tolland County. — Messrs. Newcomb, Skinner, Hawkins, Charter, Pinney, Phelps. Those absent and not voting were : Hartford County. — Messrs. Eedfield, Loomis, Maltbie, Cheney, Cooley, Vance, Churchill, Sperry, D. E. Phelps. Xew Haven County. — Messrs. A. D. Warner, Stevens, Webb, Merwin, S. J. Bryant, c. c— 27 418 JOURNAL OF THE CONSTITUTIONAL CONVENTION. 'New London County. — Messrs. Waller, J. F. Brown, Hnntington, Eiley, Hinckley. Fairfield County. — Mr. K. J. Walsh. Windham County, — Messrs. Boss, Evans, Hunt. Litchfield County. — Messrs. Hayes, Kirby, Fyler. Middlesex County. — Mr. Purple. Tolland County. — Messrs. Porter, Keeney. Whole number voting, . . . . .138 jS^ecessary for passage, . . . . .85 Those voting Yea, . . . .57 Those voting ISTay, . . . .81 Convention Resolution No. 245. Mr. Hall of Willington introduced a resolution paying for the preparation of a chart for the presiding ofiicer. Mr. Clark of Hartford moved that the resolution be tabled. The motion did not prevail. The resolution was discussed by Messrs. Clark of Hartford, Hall of Willington, Perry of Fairfield, Bryant of East Hart- ford, and iSTorthrop of Middletown. The resolution was then adopted. The following is the resolution : Resolved by this Convention : That the Comptroller be and he is hereby authorized to draw his order on the Treasurer for the sum of ten dollars each in favor of Marion C. Wicks and Edward Schulze for preparing chart of the Convention Hall for the use of the presiding ofiicer. Convention Resolution No. 246. Mr. Hall of Willington introduced a resolution paying Luther H. Trieschmann for services rendered. The resolution was discussed by Messrs. Hall of Willington, Clark of Hartford, and Periy of Fairfield. Mr. Perry of Fairfield moved to amend by Schedule " A." The amendment prevailed. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 419 The resohition was further discussed by Messrs. Clark of Haddam, Dempsey of Danbury, and l^orthrop of Middle- town. The resolution was then adopted. The following is the amendment adopted : Schedule "A." Strike out the words " tonsorial artist." Insert, in lieu thereof, the word " barber." The following is the resolution as amended : Eesolved by this Convention : That the Comptroller be and he hereby is authorized and directed to draw his order on the Treasurer for the sum of ten dollars and eight cents per week for actual time employed, in favor of Luther H. Trieschmann, said sum being compensa- tion for services as coat-room barber. On motion of Mr. Loomis of Glastonbury, the Convention, at 12.50 o'clock P. M., took a recess until 2 o'clock P. M. "Wednesday afternoon. May 14, 1902. The Convention Avas called to order at 2 o'clock P. M., the President in the Chair. CONVENTION RESOLUTIONS. Convention Resolution ISTo. 247. Mr. Perry of Fairfield introduced a resolution providing for the notification of ab- sentees. The resolution was adopted. The following is the resolution : Kesolved, That it is the sense of this Convention that its labors can and should be concluded this week, and the Clerk is hereby directed to notify by telegram each member not 420 JOUKNAL OF THE COIS'STITUTIONAL CONVENTION. now present that his presence is urgently requested tomorrow morning at 11 o'clock. Mr. Perry of Fairfield moved that the roll of the Conven- tion be called by the Clerk. The motion prevailed. The Clerk proceeded to call the roll of the Convention. ■ Those present and answering to their names were : Hartford Connty. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, Mid- dleton, Grant, Loomis, Miller, Cooley, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, Bissell, Willard, D. E. Phelps, Healy. 'New Haven County. — Messrs. Osborn, Guilf oile, D. T. Walsh, S. R. Woodward, A. E. Smith, McMahon, Griswold, Meigs, Lines, Wallace, Whittemore, Eord, Marks, Davis, Hotchkiss, Wooster, Kussell, Kendrick, Upson, Bishop. New London County. — Messrs. F. T. Brown, Miner, Buell, Chipman, King, A. M. Brown, Bailey, I. Gillette, Allyn, Bromley, Raymond, Killeen, J. F. Brown, Hunting- ton, Frink, Morgan, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Wood- man, E. H. IsTorthrop, Bell, Jennings, Perry, Whitlock, Shel- ton. Mead, Wanzer, C. H. ISTorthrop, A. B. Woodward, San- ford, Seymour, Barnes, Merritt, Stagg, O. Hall, Gorham, Wakeman, Chichester. Windham County. — Messrs. Bugbee, Fitts, Evans, L. 1^. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Chandler, Bowen. , Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, Belden, J. H. Smith, Kellogg, AVright, Ely, Beards- ley, Whittlesey, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. Warner, Etheridge, Strong, Brinsmade, Wool- son. Middlesex County. — Messrs. D. W. Northrop, G. M. JOURNAL OF THE CONSTITUTIONAL CONVENTION'. 421 Clark, Markham, Brothwell, Pelton, Coe, Hubbard, Purple, Blake, Xettleton, Terrill, W. H. Smith, Hale, L'Hommedien, Post. Tolland County. — Messrs. J^ewcomb, Skinner, Sumner, Collins, Charter, Porter, Storrs, Keenej, Pinney, Kinney, Phelps, W. H. Hall. Those absent and not answering were : Hartford County. — Messrs. P. S. Bryant, Eedfield, Malt- bie, Cheney, Vance, W. H. Hall. ]^ew Haven County. — Messrs. A. D. "Warner, Pisk, Stevens, Webb, Merwin, S. J. Bryant. iN'ew London County. — Messrs. Waller, Riley, Hinckley. Fairfield County. — Mr. E. J. Walsh. Windham County. — Messrs. Boss, Hunt. Litchfield County. — Messrs. Hayes, Kirby, Fyler, Curtiss. Tolland County. — Mr. Hawkins. T^umber answering, ..... 145 ISTumber not answering, . . . .23 Convention Eesolution ISTo. 248. Mr. Brothwell of Chester introduced a resolution providing for one representative from each town and one from each senatorial district, and a Senate of from thirty-six to forty members. Mr. Brothwell of Chester moved that the vote be taken by Yeas and iSTays. The motion prevailed. The resolution did not prevail. The vote was as follows : Those voting Yea were : Hartford County. — Messrs. C. H. Clark, W. M. Brown, Pierce, Miller, Holcomb, Sperry. K'ew Haven County. — Messrs. S'. E. Woodward, A. E. Smith, Wallace, Ford, Marks, Upson, Bishop. 422 JOURNAL OF THE CONSTITUTIONAL CONVENTION. New London County. — Messrs. F. T. Brown, Kaymond, J. F. Brown, Huntington. Fairfield County. — Messrs. Jennings, Perry, A. B. Wood- ward, Seymour, Merritt, Stagg, Wakeman. Windham County. — Messrs. Groesbeck, Milner. Litchfield County. — Messrs. Case, Whittlesey. Middlesex County. — Messrs. D. W. l^orthrop, Markham, Brothwell, Blake. Tolland County. — Messrs. Keeney, W. H. Hall. Those voting l^ay were : Hartford County. — Messrs. Holmes, Jarvis, E. S. Gil- lette, Sears, Dickinson, Middleton, Grant, Loomis, Cooley, Condell, Havens, Bartlett, Bissell, D. E. Phelps, Healy. JSTew Haven County. — Messrs. Guilfoile, McMahon, Gris- wold, Meigs, Lines, Whittemore, Davis, Hotchkiss, Wooster, Russell, Kendrick. I*^ew London County. — Messrs. Miner, Chipman, King, Bailey, I. Gillette, Bromley, Frink, E. B. Gallup, C. A. Gallup. Fairfield County. — Messrs. Dempsey, Woodman, E. H. Northrop, Bell, Whitlock, Shelton, Mead, Wanzer, C. H. Northrop, Sanford, Barnes, O. Hall, Gorham, Chichester. Windham County. — Messrs. Bugbee, Fitts, Evans, L. N. Clark, Latham, Burnham, Somes, Elliott, Waldo, Chandler, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Belden, J. H. Smith, Kellogg, Wright, Ely, Beardsley, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofut, D. T. AVarner, Ether- idge, Strong, Brinsmade, Woolson. Middlesex County. — Messrs. G. M. Clark, Pelton, Coe, Hubbard, Purple, Nettleton, Terrill, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Newcomb, Skinner, Sumner, Collins, Charter, Porter, Storrs, Pinney, Kinney, Phelps. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 423 Those absent and not voting were : Hartford County. — Messrs. P. S. Bryant, Redfield, Malt- bie, Cheney, Vance, Churchill, W. H. Hall, Willard. jSTew Haven County. — Messrs. Osborn, D, T. Walsh, A. D. Warner, Fisk, Stevens, Webb, Merwin, S. J. Bryant. ISTew London County. — Messrs. Waller, Buell, A. M. Brown, Allyn, Killeen, Morgan, Riley, Hinckley. Fairfield County. — Messrs. Davenport, E. J. Walsh. Windham County. — Messrs. Boss, Hunt. Litchfield County. — Messrs. Hayes, Mallett, Kirby, Fyler, Curtiss. Tolland County. — Mr. Hawkins. Whole number voting, ..... 133 jSTecessary for passage, . . . . .85 Those voting Yea, . . . .34 Those voting ISTay, . . . .99 Mr. Merritt of Stamford moved that the Convention ad- journ. Mr. Clark of Haddam asked leave to introduce a resolution. Mr. Milner of Plainfield raised the point of order that a motion to adjourn was pending, and a resolution was there- fore not in order. Mr. Merritt of Stamford withdrew his motion to adjourn. CONVENTION RESOLUTIONS. Convention Resolution No. 249. Mr. Clark of Haddam introduced a resolution providing that each town shall have one representative and each county shall have additional rep- resentatives, elected on the minority representation plan, as follows: Hartford County, thirteen; New Haven County, seventeen; New London County, five; Fairfield County, eleven; Windham County, three; Litchfield County, five; Middlesex County, three; Tolland County, two. The resolution was tabled. 424 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Convention Resolution Xo. 250. Mr. Lines of Meriden introduced a resolution providing that each town of less than five thousand population shall have one representative; five thousand to twenty thousand, two; twenty thousand to sixty thousand, three; sixty thousand to one hundred thou- sand, four; one hundred thousand to one hundred and forty thousand, five; and one for each additional forty thousand, and for a Senate of from thirty-six to forty-five members. The resolution was tabled. [Vice-President Perry in the Chair.] Convention Resolution 'No. 251. Mr. Hotchkiss of Pros- pect introduced a resolution providing that each town shall elect one representative ; each city of less than fifty thousand population, one; fifty thousand to one hundred thousand, two; more than one hundred thousand, three. The resolution w^as tabled. Convention Resolution Xo. 252. Mr. Bissell of Sufiield introduced a resolution providing that every town of less than two thousand population shall have one representative; to-wns of less than fifty thousand population, two representatives, and one additional representative for each fifty thousand of population in excess of the first fifty thousand; and a Sen- ate consisting of forty-five members, no county having less than two Senators. The resolution was tabled. Mr. Warner of Salisbury moved that the block and gavel used by the presiding ofiicer of the Convention during its sessions be suitably inscribed and presented to Hon. Charles B. Andrews, President of the Convention, and that Hon. Xorris G. Osborn, the delegate from Xew Haven, be ap- pointed to present the same. The motion prevailed, unanimously. Mr. Xorthrop of Xewtown moved to amend Section 1 of Article Seventh of the Constitution by striking out in line JOURNAL OF THE CONSTITUTIONAL CONVENTION- 425 7 the word " to " and inserting in lieu thereof the word " with." The amendment was discussed by Messrs. ISTorthrop of Mid- dletown and Davenport of Bridgeport. The amendment did not prevail. Mr. Clark of Haddam moved to amend Section 11 of Article Fourth of the Constitution by striking out in line 16 the word " ten," and inserting, in lieu thereof, the word " five." The amendment was discussed by Messrs. Clark of Had- dam and Warner of Salisbury. The amendment did not prevail. [The President in the Chair.] Mr. Guilfoile of Waterbury moved to amend Section 1 of Article Twelfth of the Constitution by striking out in line 6 the word " registered." Mr. Guilfoile of Waterbury moved that the amendment be tabled. The motion did not prevail. By unanimous consent, Mr. Guilfoile of Waterbury with- drew his proposed amendment. On motion of Mr. Osborn of New Haven, the Convention, at 3.31 o'clock P. M., adjourned, to meet on Thursday, at 11 o'clock A. M. 426 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Thursday, May 15, 1902. The Convention was called to order at 11 o'clock A. M., the President in the Chair. Prayer was offered by the Chaplain, Eev. Charles H. Smith of Plymouth. The Clerk proceeded to call the roll of the Convention. Those present and answering to their names were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, P. S. Bryant, Middleton, Grant, Loomis, Maltbie, Miller, Cheney, Cooley, Churchill, Condell, Havens, Bartlett, Holcomb, Sperry, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. New Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, S. E. Woodward, Eisk, A. E. Smith, McMahon, Webb, Meigs, Lines, Wallace, Merwin, Whitte- more. Ford, Marks, Davis, Hotchkiss, Wooster, Eussell, Ken- drick, .Upson, Bishop. New London County. — Messrs. Waller, F. T. Brown, Miner, Buell, Chipman, King, A. M. Brown, Bailey, I. Gil- lette, Allyn, Bromley, Eaymond, Killeen, J. E. BroAvn, Huntington, Erink, Morgan, Puley, E. B. Gallup, C. A. Gallup. Eairfield County. — Messrs. Davenport, Dempsey, Wood- man, E. H. Northrop, Bell, Jennings, Perry, Whitlock, Shel- ton. Mead, Wanzer, C. H. Northrop, A. B. Woodward, San- ford, Seymour, Barnes, Merritt, Stagg, 0. Hall, Gorham, Wakeman, Chichester. Windham County. — Messrs. Boss, Bugbee, Eitts, Evans, L. N. Clark, Groesbeck, Latham, Burnham, Somes, Milner, Elliott, Waldo, Chandler, Bowen. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 427 Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beardsley, Whittlesey, J. F. Smith, O'Connor, Camp, C. H. Smith, Crofiit, D. T. Warner, Etheridge, Strong, Brinsmade, Woolson, Cnrtiss. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, llarkham, Brothwell, Pelton, Coe, Hubbard, Purple, Blake, Xettleton, Terrill, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Xewcomb, Skinner, Sumner, Collins, Hawkins, Charter, Porter, Storrs, Keeney, Pinney, Kinney, Phelps, W. H. Hall. Those absent and not answering w^ere : Hartford County. — Messrs. Eedfield, Vance. Xew Haven County. — Messrs. Stevens, Griswold, S. J. Bryant. IsFew London County. — Mr. Hinckley. Eairfield County. — Mr. K. J. Walsh. Windham County. — Mr. Hunt. Litchfield County. — Messrs. Kirby, Fyler. Xumber answering, . . . . .158 Xumber not answering, . . . .10 [Vice-President Waller in the Chair.] CONVENTION RESOLUTION. Convention Resolution Xo. 176. A resolution providing that each town having a population of less than five thousand shall have one representative, and each town of five thousand and less than twenty-five thousand shall have two representa- tives and one additional representative for every fifty thou- sand population in excess of twenty-five thousand, and a Senate consisting of from thirty-six to forty-five members, 428 JOURXAL OF THE CONSTITUTIONAL CONVENTION. was taken from the table, on motion of Mr. Andrews of Litchfield. The resolution was discussed by Mr. Andrews of Litchfield. [The President in the Chair.] Mr. Waller of Xew London moved to amend the resolution by Schedule " A/' making the Senate to consist of forty-five members. The motion to amend was discussed by Messrs. Waller of JSTew London, Clark of Haddam, Warner of Salisbury, and Smith of Winchester. Mr. Waller of I^ew London moved that when the vote be taken on the amendment it be by the Yeas and jSTays. The motion prevailed. The motion to amend by Schedule "A" did not prevail. The vote was as follows : Those voting Yea were : Hartford County. — Messrs. Holmes, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, Dickinson, Middleton, Miller, Condell, Havens, Bissell, W. H. Hall, D. E. Phelps, Healy. ISTew Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, A. D. Warner, McMahon, Meigs, Whittemore, Ford, Davis, Kendrick. ISTew London County. — Messrs. Waller, Chipman, Brom- ley, C. A. Gallup. Fairfield County. — Messrs. Dempsey, Gorham. Windham County. — Messrs. Evans, Groesbeck, Latham, Burnham, Somes, Elliott, Waldo, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Kellogg, Wright, Ely, Beardsley, Whittlesey, J. F. Smith, Camp, C. H. Smith, Crofut, D. T. Warner, Strong, Brinsmade, Woolson. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 429 Middlesex County. — Messrs. Coe, Hubbard, Purple, Ter- rill, AV. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. Skinner, Sumner, Collins, Hawkins, Charter, Porter, Pinney, Kinney. Those voting 'Nay were : Hartford County. — Messrs. C. H. Clark, P. S. Bryant, Grant, Loomis, Maltbie, Cheney, Cooley, Churchill, Bartlett, Holcomb, Sperry, Willard. New Haven County. — Messrs. S. P. Woodward, A. E. Smith, Webb, Lines, Wallace, Merwin, Marks, Hotchkiss, Wooster, Eussell, Upson. XeAV London County. — Messrs. F. T. Brown, Miner, Buell, King, A. M. Brown, Bailey, I. Gillette, Allyn, Eay- mond, Killeen, J. F. Brown, Huntington, Frink, Morgan, Eiley, E. B. Gallup. Fairfield County. — Messrs. Davenport, Woodman, E. H. Northrop, Bell, Jennings, Perry, Whitlock, Shelton, Mead, Wanzer, C. H. Northrop, A. B. Woodward, Sanford, Sey- mour, Barnes, Merritt, Stagg, 0. Hall, Wakeman, Chichester. AVindham County. — Messrs. Boss, Bugbee, Fitts, L. N. Clark, Milner, Chandler. Litchfield County. — Messrs. Etheridge, Curtiss. Middlesex County. — Messrs. D. W. Northrop, G. M. Clark, Markham, Brothwell, Pelton, Blake, Nettleton. Tolland County. — Messrs. Newcomb, Storrs, Keeney, Phelps, W. H. Hall. Those absent and not voting were : Hartford County. — Messrs. Kedfield, Vance. New Haven County. — Messrs. Fisk, Stevens, Griswold, S. J. Bryant, Bishop. New London County. — Mr. Hinckley. Fairfield County. — Mr. E. J. Walsh. Windham County. — Mr. Hunt. Litchfield County. — Messrs. O'Connor, Kirby, Fyler. 430 JOURNAL OF THE CONSTITUTIONAL CONVENTION. AVliole number voting, .... 154 l^ecessarj for passage, . . . .78 Those voting Yea, . . .75 Those voting ISTay, . . .79 Mr. Waller of 'New London moved that the vote on the pending resolntion be divided, so that a separate vote could be taken on the composition of the House of Kepresentatives and the Senate. The motion did not prevail. On motion of Mr. Huntington of Old Lyme, the previous question was ordered on the resolution. Mr. Holcomb of Southington moved that the vote on the resolution be taken by Yeas and ISTays. The motion prevailed. The resolution did not prevail. The vote was as follows: Those voting Yea were : Hartford County. — Messrs. C. H. Clark, Jarvis, W. M. Brown, Pierce, E. S. Gillette, Sears, P. S. Bryant, Grant, Cheney, Churchill, Condell, Holcomb, Sperry, Bissell, W. H. Hall, Healy. New Haven County. — Messrs. Osborn, Guilfoile, A. D. Warner, S. R. Woodward, A. E. Smith, McMahon, Webb, Lines, Wallace, Merwin, Whittemore, Ford, Marks, Davis, Wooster, Kendrick, Upson. ISTew London County. — Messrs. F. T. Brown, Buell, A. M. Brown, Bailey, Allyn, Raymond, J. F. Brown, Hunting- ton, Morgan. Fairfield County. — Messrs. Jennings, Perry, Whitlock, Shelton, C. H. K'orthrop, A. B. Woodward, Seymour, Mer- ritt, Stagg, Wakeman. Windham County. — Messrs. Boss, Bugbee, Milner, Waldo, Chandler. JOURIiTAL OF THE CONSTITUTIONAL CONVENTION. 431 Litchfield County. — Messrs. Hayes, Belden, Whittlesey. Middlesex County. — D. W. Northrop, Markham, Broth- well, Blake, Terrill, W. H. Smith, L'Hommedieii. Tolland County. — Messrs. Skinner, Hawkins, Keeney, Finney, Phelps, W. H. Hall. Those voting Xay were : Hartford County. — Messrs. Holmes, Dickinson, Middle- ton, Loomis, Maltbie, Miller, Cooley, Havens, Bartlett, Wil- lard, D. E. Phelps. . New Haven County. — Messrs. D. T. Walsh, Fisk, Meigs. Hotchkiss, Eussell. New London County. — Messrs. Waller, Miner, Chipman, King, I. Gillette, Bromley, Killeen, Frink, Riley, E. B. Gal- lup, C. A. Gallup. Fairfield County. — Messrs. Davenport, Dempsey, Wood- man, E. H. Northrop, Bell, Mead, Wanzer, Sanford, Barnes, O. Hall, Gorliam, Chichester. Windham County. — Messrs. Fitts, Evans, L. N. Clark, Groesbeck, Latham, Burnham, Somes, Elliott, Bowen. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Mallett, J. H. Smith, Kellogg, Wright, Ely, Beardsley, J. F. Smith, Camp, C. H. Smith, Crofut, D. T. Warner, Eth- eridge. Strong, Brinsmade, Woolson, Curtiss. Middlesex County. — Messrs. G. M. Clark, Pelton, Coe, Hubbard, Purple, Nettleton, Hale, Post. Tolland County. — Messrs. Neweomb, Sumner, Collins, Charter, Porter, Storrs, Kinney. Those absent and not voting were : Hartford County. — Messrs. Redfield, Vance. New Haven County. — Messrs. Stevens, Griswold, S. J. Bryant, Bishop. New London County. — Mr. Hinckley. Fairfield County. — Mr. E. J. Walsh. 432 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Windham County. — Mr. Hunt. Litchfield County. — Messrs. O'Connor, Kirby, Fyler. Whole number voting, . . . .155 I^ecessary for passage, . . . .85 Those voting Yea, . . . 73 Those voting JSTay, . . .82 Convention Resolution Xo. 252. A resolution providing that each town less than two thousand should be entitled to one representative, and each town having a population of two thousand and less than fifty thousand shall have two rep- resentatives and one additional representative for each fifty thousand of population in excess of said fifty thousand, and a Senate consisting of forty-five members, and that no county should have less than two Senators, was taken from the table, on motion of Mr. Bissell of Suffield. The resolution was discussed by Messrs. Bissell of Suffield, Collins of Columbia, and Davenport of Bridgeport. Mr. Bissell of Suffield moved that the vote on the resolu- tion be taken by Yeas and Nays. The motion prevailed. The resolution was adopted. The vote was as follows : Those voting Yea were : Hartford County. — Messrs, C. H. Clark, Jarvis, W. M. Brown, E. S. Gillette, Sears, P. S. Bryant, Middleton, Grant, Maltbie, Cheney, Churchill, Condell, Havens, Holcomb, Sperry, Bissell, W. H. Hall, Willard, Healy. New Haven County. — Messrs. A. D. Warner, S. R. WoodAvard, A. E. Smith, Webb, Wallace, Merwin, Whitte- more. Ford, Marks, Davis, Wooster, Upson. New London County. — Messrs. Waller, Buell, A. M. Brown, Bailey, Allyn, Raymond, Killeen, J. F. Brown, Huntington, Morgan, Riley, C. A. Gallup. JOURXAL OF THE CONSTITUTIOXAL COXVEXTTOX. 433 Fairfield County. — Messrs. Dempsey, Bell, Jennings, Perry, Mead, C. H. T^orthrop, A. B. Woodward, Seymour, Barnes, Merritt, Stagg, Wakeman, Chichester. "Windham County. — Messrs. Boss, Bugbee, Groesbeck, Burnham, Somes, Milner, Waldo, Chandler. Litchfield County. — Messrs. W. B. Smith, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, Beardsley, Whittlesey, J. F. Smith, Camp, Strong, Middlesex County. — Messrs. G. M. Clark, Markham, Blake, Terrill. Tolland County. — Messrs. Skinner, Sumner, Collins, Hawkins, Keeney, Pinney, Phelps, AV. H. Hall. Those voting Xay were : Hartford County. — Messrs. Holmes, Pierce, Dickinson, Loomis, Miller, Cooley, Bartlett. i^ew Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, Fisk, McMahon, Meigs, Lmes, Hotchkiss, Pussell, Kendrick. JSTew London County. — Messrs. F. T. Brown, Miner, Chipman, King, I. Gillette, Bromley, Frink, E. B. Gallup. Fairfield County. — Messrs. Davenport, Woodman, E. H. Xorthrop, Whitlock, Shelton, Wanzer, Sanford, O. Hall, Gorham. AVindham County. — Messrs. Fitts, Evans, L. IST. Clark, Latham, Elliott, Bowen. Litchfield County. — Messrs. Kellogg, Wright, Ely, C. H, Smith, Crofut, D. T. Warner, Etheridge, Brinsmade, Wool- son, Curtiss. Middlesex County. — Messrs. D. W. ISTorthrop, Brothwell, Pelton, Coe, Hubbard, Purple, Xettleton, W. H. Smith, Hale, L'Hommedieu, Post. Tolland County. — Messrs. ISTewcomb, Charter, Porter, Stori-s, Kinney. c. c— 28 434 JOUKNAL OF THE CONSTITUTIONAL CONVENTION. Those absent and not voting were : Hartford Conntj. — Messrs. Kedfield, Yance, D. E. Phelps. Xew Haven County. — Messrs. Stevens, Griswold, S. J. Brjant, Bishop. Kew London County. — Mr. Hinckley. Fairfield County. — Mr. K. J. Walsh. Windham County. — Mr. Hunt. Litchfield County. — Messrs. O'Connor, Kirby, Fyler. Whole number voting, Necessary for passage. Those voting Yea, Those voting jSTay, . 154 . 85 88 66 Following is the resolution adopted Resolved by this Convention : That the House of Eepresentatives shall consist of electors residing in towns from which they are elected, and for the purpose of apportioning representatives to the towns they shall be graded or classified as follows, that is to say : Each town having a population of less than two thousand shall be entitled to one representative. Each town having a population of two thousand and less than fifty thousand shall be entitled to two representatives. Each town having a population of fifty thousand and less than one hundred thousand shall be entitled to three repre- sentatives. Each to^vn having a population of one hundred thousand and less than one hundred and fifty thousand shall be entitled to four representatives and one additional for each fifty thou- sand of population. The population of each town shall be determined by the census taken by authority of the United States next before the election of representatives is held. JOURNAL OF THE CONSTITUTIOISrAL CONVENTION. 435 Each town entitled to more than two representatives shall be divided into districts, and each district shall elect only one representative. The districts shall be composed of contig- uous territory, and the General Assembly shall have regard to the population of the several districts into which the town is divided, so that the same may be as nearly equal as possible. Districts when once established shall not be changed until the session of the General Assembly next after the completion of the next census taken by the authority of the United States, which General Assembly shall have power to alter the same if found necessary to preserve a proper equality of population in each district. The Senate shall consist of forty-five members, and no county shall have less than two senators. Mr. Loomis of Glastonbury, at 1.05 o'clock P. M., moved that the Convention take a recess until 2 o'clock P. M. The motion prevailed. Thursday afternoon, May 15, 1902. The Convention was called to order at 2 o'clock P. M., the President in the Chair. Mr . Woodward of l^orwalk moved to amend Article Twelve by striking out in line 6 the words " registered elect- ors of the State " and inserting in lieu thereof the words " electors voting thereon and not less than two-fifths of the registered electors of the State." The motion to amend was discussed by Messrs. Woodward of Xorwalk, Clark of Hartford, Smith of Winchester, ISTor- throp of Middletown, Warner of Salisbury, and Davenport of Bridgeport. The motion to amend did not prevail. Mr. Perry of Fairfield, at 2.30 o'clock P. M., moved that the Convention take a recess until 3 o'clock P. M. The motion prevailed. 436 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Thursday afternoon, May 15, 1902. The Convention was called to order at 3 o'clock P. M., the President in the Chair, PEESENTATIOX TO THE PKESIDENT. Mr. Osborn of J^ew Haven, in behalf of the Convention, presented to the President the block and gavel used by him during the session of the Convention. The President, in accepting the gifts, expressed his grati- tude to the Convention for their expression of good will. CONVENTION RESOLUTIONS. Convention Resolution Xo. 253. Mr. Clark of Had dam introduced a resolution of thanks to Messrs. Bulkeley and Sperry for their compilation of the Constitution. The resolution was adopted. The following is the resolution : " Whereas, Ex-Governor Morgan G. Bulkeley and the Honorable Delegate Lewis Sperry have correctly revised and caused the original Constitution of 1818, together with all amendments thereto, to be carefully printed and placed upon our file for our consideration, free of charge, and " Whereas, the same has been found of great service in our deliberations, as shown by our almost universal adoption of it, now therefore be it " Resolved by this honorable body that we extend to them our thanks for their generous work in our behalf." Convention Resolution Xo. 254. Mr. Bailey of Groton introduced a resolution reimbursing delegates for payments made for transportation. The resolution was discussed b}' Messrs. Bailey of Groton, Clark of Hartford, Hall of Willington, and Northrop of Middletown. JOUENAL OF THE CONSTITUTIONAL CONVENTION. 437 Mr. Bailey of Groton moved that the roll of the Conven- tion be called by the Clerk for the purpose of ascertaining the amounts paid. The motion did not prevail. Mr. Waller of Kew London introduced a su*bstitute resolu- tion for the resolution proposed by Mr. Bailey of Groton. Mr. Bailey of Groton accepted the substitute. The substitute resolution was discussed by Messrs. Waller of ISTew London and Bryant of East Hartford. The substitute resolution was then adopted. The following is the resolution : Resolved by this Convention : That the Comptroller be and he is hereby requested, author- ized, and directed to reimburse any and all members of this Convention, upon demand, for any transportation- expenses incurred by such member. Mr. Xorthrop of JS^ewto^vn (by request) introduced a reso- lution requesting the Comptroller to pay the messengers, doorkeepers, and attendants compensation equal to that of similar employees for a session of the General Assembly. Mr. Xorthrop of ISTewtown withdrew the resolution. Convention Eesolution jSTo. 255. Mr. Waller of Kew London introduced a resolution concerning the representa- tives of the press. The resolution was discussed by Mr. Waller of ISTew London. The resolution was adopted. The following is the resolution : Kesolved by this Convention : That the Convention recognizes and appreciates the fair- ness and ability which the representatives of the press have shown in reporting the proceedings of the Convention. 438 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Convention Resolution No, 256. Mr. Warner of Salis- bury introduced a resolution providing that the Constitution as adopted shall be submitted to the people at the earliest possible moment. The resolution was adopted. Following is the resolution : Resolved by this Convention : That it is the opinion of this Convention that the Constitu- tion as adopted shall be submitted to the people at the earliest time consistent with the provisions of the act calling this Convention. Convention Resolution No. 257. Mr. Warner of Salisbury introduced a resolution recommending a special session of the General Assembly. The resolution was discussed by Messrs. Warner of Salis- bury, Clark of Hartford, and Holcomb of Southington. The resolution was adopted. Following is the resolution : Resolved by this Convention : That we recommend to the Governor, in the event of the adoption of the new Constitution, that he convene the Gen- eral Assembly prior to July 1, 1902, for the purpose among others of postponing the date when the new revision of the statutes shall go into effect, in order that the new Constitu- tion may be published therewith, and any necessary changes in the statutes made. Convention Resolution No. 258. Mr. Perry of Fairfield introduced a resolution concerning the distribution of Jour- nals of the Convention. The resolution was adopted.- The following is the resolution : Resolved by this Convention : That the Clerk of the Convention be and hereby is in- JOURNAL OF THE CONSTITUTIONAL CONVENTION. 439 striicted to prepare a full alphabetical subject index of the Journal of the Convention, and to cause to be printed one thousand copies of said Journal with the index. Said Jour- nals shall be distributed in accordance vi^ith the provisions of the statute concerning the distribution of journals of the Gen- eral Assembly, being Chapter 118, Public Acts of 1889, except that one copy shall be sent to each delegate, and no copies shall be sent to members of the General Assembly. Convention Resolution ISTo. 259. Mr. Perry of Fairfield introduced a resolution concerning the filing of Convention documents. The resolution was adopted. The follo^\dng is the resolution: Resolved by this Convention : That the Clerk be and hereby is instructed to deposit in the office of the Secretary of State all resolutions and amend- ments thereto which may be in his custody on the final ad- journment of the Convention. Convention Resolution JSTo. 260. Mr. Perry of Fairfield introduced a resolution providing for the engrossment of the Constitution, and that it be submitted to the electors for their adoption or rejection on June 16, 1902, and providing further for the manner of voting thereon. The resolution was discussed by Messrs. Perry of Fairfield, Bryant of East Hartford, Northrop of Middletown, Etheridge of Thomaston, Collins of Columbia, and Waller of New London. The resolution was adopted. Following is the resolution : Resolved by this Convention : That the form of constitution framed by this Convention shall be engrossed, attested by the clerks, signed by the president, and deposited in the office of the Secretary. 440 JOURNAL OF THE CONSTITUTIOISrAL CONVENTION. The said Constitution shall be submitted to the electors of this State for their adoption or rejection at electors' meetings which shall be held in the several towns on the sixteenth day of June, 1902. The Secretary is hereby directed to transmit to the town clerks of the several towns not more than 100,000 copies of said Constitution apportioned among said towns according to the number of their registered electors at least ten days be- fore said meeting. The said Constitution shall be submitted by said town clerks to the qualified electors on the day named for said electors' meetings which shall be duly warned as now required by law. The ballots to be used at said meetings shall contain only the words, " Constitution, Yes," or " Constitution, No," shall be furnished by the Secretary printed, ready for use, and shall be of uniform size, quality, thickness, and style of print- ing, to be determined by the Secretary. The polls shall be open in each town during the same hours as now provided for general elections, and said ballots shall be distributed, voted, counted, canvassed, and the result of such vote in each town and voting district declared and re- turned to the secretary in the same manner, by the same officers, and within the same time after said meeting as is by law provided in the case of votes for representatives in Con- gress, except that the voting shall not be by secret ballot, nor shall the ballots be enclosed in envelopes, and the said votes shall be canvassed by the Secretary, Treasurer, and Comp- troller at the Capitol in Hartford as soon as possible thereafter, and the result shall within five days after such canvass be certified by them or a majority of them to the Governor, who shall forthwith issue his proclamation declaring that said Constitution has or has not been adopted by said electors as it shall appear from said certificate of the Secretary, Treasurer, and Comptroller, or a majority of them. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 441 REPORT OF A COMMITTEE. Mr, Perry of Fairfield, chairman of the committee on Style, presented the following report : Constitutional Convention, January Session, 1902. To the Convention : The committee on final form recommends the phraseology and arrangement of the draft for a Constitution submitted herewith. JOHISr H. PERRY. Mr. Davenport of Bridgeport moved that when the vote be taken on the adoption of the Constitution it be by Yeas and ]^ays. The motion prevailed. Mr. Perry of Fairfield moved to amend by Schedule " B " in line 2 of Sections 13 and 14 of Article 4 by inserting after the word " refusal " in said lines the words " or inability." The motion to amend prevailed. Mr. Perry of Fairfield moved to amend by Schedule " B " Article 10 of the Constitution by adding a new section. The motion to amend prevailed. Following is the amendment : Section 11. This Constitution shall take effect upon its adoption by the electors, and shall then supersede the pre- ceding Constitution, except that the present General Assem- bly shall continue for its original term. Mr. Perry of Fairfield moved to amend by Schedule " H " at the end of line 12, Section 4, of Article Third by making an exception of the town of Greenwich in forming Senatorial Dis- tricts. The motion to amend prevailed. Follo\\ang is the amendment : But in forming such district the town of Greenwich mav be 442 JOURNAL OF THE CONSTITUTIONAL CONVENTION. joined with territory separated from it by tlie town of Stam- ford. The vote on the Constitution as amended was as follows : Those voting Yea were : Hartford County. — Messrs. C. H. Clark, Holmes, Jarvis, W. M. Brown, E. S. Gillette, Sears, P. S. Bryant, Middleton, Grant, Maltbie, Cheney, Churchill, Condell, Havens, Hol- comb, Bissell, W. H. Hall, Willard, D. E. Phelps, Healy. New Haven County. — Messrs. S. K. Woodward, A. E. Smith, Meigs, Wallace, Merwin, Whittemore, Ford, Marks, Davis, Wooster, Upson. Xew London County. — Messrs. Waller, Buell, King, A. M. Brown, Bailey, I. Gillette, Allyn, Raymond, Killeen, Huntington, Morgan, Kiley, C. A. Gallup. Eairfield County. — Messrs. Dempsey, E. H. Northrop, Bell, Jennings, Perry, Shelton, Mead, Wanzer, C. H. North- rop, A. B. Woodward, Seymour, Barnes, Merritt, Stagg, O. Hall, Wakeman, Chichester. Windham County. — Messrs. Boss, Bugbee, Evans, Groes- beck, Burnham, Somes, Milner, Waldo, Chandler. Litchfield County. — Messi-s. Andrews, Beach, Case, Hayes, Mallett, Belden, J. H. Smith, J. E. Smith, Strong, Brinsmade. Middlesex County. — Messrs. G. M. Clark, Markham, Brothwell, Pelton, Blake, Ten-ill, W. H. Smith. Tolland County. — Messrs. Skinner, Sumner, Collins, Pin- ney, Kinney, Phelps, W. H. Hall. Those voting Nay were : Hartford County. — Messrs. Pierce, Dickinson, Loomis, Miller, Cooley, Bartlett. New Haven County. — Messrs. Osborn, Guilfoile, D. T. Walsh, Eisk, McMahon, Webb, Lines, Hotchkiss, Kendrick. JOURNAL or THE CONSTITUTIONAL CONVENTION. 443 ISTew London Connty. — Messrs. F. T. Brown, Miner, Chip- man, Bromlev, Frink, E. B. Gallup. Fairfield Countr. — Messrs. Davenport, Woodman, San- ford, Gorham. Windham Connty. — Messrs. Fitts, L. IST. Clark, Latham, Elliott, Bowen. Litchfield Connty. — Messi-s. W. B. Smith, Ely, O'Con^ nor, C. H. Smith, Crofnt, D. T. Warner, Etheridge, Woolson. Middlesex County. — Messrs. D. W. Xorthrop, Coe, Hub- bard, Purple, Xettleton, Hale, L'Hommedieu, Post. Tolland County. — Messrs. ISTewcomb, Charter, Porter, Storrs. Those absent and not voting were : Hartford County. — Messrs. Eedfield, Vance, Sperry. Xew Haven County. — Messrs. A. D. Warner, Stevens, Griswold, S. J. Bryant, Russell, Bishop. New London County. — Messrs. J. F. Brown, Hinckley. Fairfield County. — Messrs. R. J. Walsh, Whitlock. Windham County. — Mr. Hunt. Litchfield County. — Messrs. Kellogg, Wright, Beardsley, Whittlesey, Camp, Kirby, Fyler, Curtiss. Tolland County. — Messrs. Hawkins, Keeney. Whole number voting, ISTecessary for passage. Those voting Yea, Those voting l^ay, . 144 . 85 94 50 The following is the proposed Constitution as adopted : 444 JOURNAL OF THE CONSTITUTIONAL CONVENTION. THE CONSTITUTION OF OONNEOTIOUT. PREAMBLE. The people of Connecticut, acknowledging with gratitude the providence of God which has permitted them to enjoy a free government, and desiring to per- petuate the liberties, rights, and privileges which they have derived from their ancestors, do, after careful consideration, ordain and establish the following constitution and form of civil government. Aeticle First. DECLARATION OF RIGHTS. Section 1. All men, when they form a social com- pact, are equal in rights ; no man or set of men is entitled to exclusive public emoluments or privileges ; and no citizen shall be deprived of any right or privi- lege or exempted from any obligation on account of race or color. Section 2. All political power is inherent in the people ; all free governments are founded on their authority, and instituted for their benefit ; and they have at all times an indefeasible right to alter their form of government in such manner as they may think expedient. Section 3. The exercise and enjoyment of religious profession and worship shall be forever free, and with- out discrimination ; but the right hereby declared and established shall not excuse acts of licentiousness, or JOURNAL OF THE CONSTITUTIONAL CONVENTION. 445 justify practices inconsistent with the peace and safety of the state. Section 4. No preference shall be given by lav^to any religious sect or mode of worship. Section 5. No law shall be passed to curtail or re- strain the liberty of speech or of the press, but every person may freely speak, write, and publish his senti- ments on any subject, being responsible for the abuse of that liberty. Section 6. In all criminal prosecutions for libel the truth may be given in evidence, and the jury shall have the right to determine the law and the facts, under the direction of the court. Section 7. No person shall be arrested, detained, or punished except in cases clearly warranted by law. Section 8. All prisoners shall, before conviction, be bailable by sufficient sureties, except in case of capi- tal offenses where the proof is evident or the presump- tion great ; and the privilege of the writ of habeas corpus shall not be suspended, except by the general assembly, and only when, in case of rebellion or inva- sion, the public safety may require it. Section 9. Excessive bail shall not be required nor excessive fines imposed. Section 10. All courts shall be open, and every person for any injury done to him in his person, prop- erty, or reputation, shall have remedy by due course of law, and right and justice administered without delay. Section 11. The right of trial by jury shall remain inviolate. Section 1 2. In all criminal prosecutions the accused shall have the right to be heard by himself and by counsel : to demand the nature and cause of the accu- 446 JOURNAL OF THE CONSTITUTIONAL CONVENTION. satioii ; to be confronted by the witnesses against him ; to have compulsory process to obtain witnesses in his favor ; and, in all prosecutions by indictment or in- formation, a speedy public trial by an impartial jury. He shall not be compelled to 2:1 ve evidence against himself, nor be deprived of life, liberty, or pro^Derty, without due process of law. No person shall be holden to answer for any crime, the punishment of which may be death or imprisonment for life, with- out presentment or indictment of a grand jury, ex- cept in the land or naval forces, or in the militia when in actual service in time of war or public danger. No person shall, for the same offense, be twice put in jeopardy of life or limb. Sectiots^ 13. The people shall be secure in their persons, houses, paj^ers, and possessions from unreason- able searches or seizures. No warrant to search any place, or to seize any person or thing, shall issue without describing them as nearly as may be, nor y without probable cause supported by oath or affirma- tion. Section 14. No person shall be attainted of treason or felony by the general assembly. Section 15. The property of no person shall be taken for public use without just compensation therefor. Section IC). The citizens have a right peaceably to assemble for their common good, and to apply to those invested with the powers of government for redress of grievances, or for other proper purposes, by petition, address, or remonstrance. Section 17. Every citizen has a right to bear arms in defense of himself and the state. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 447 Section 18. The military sball at all times be in strict subordination to the civil power. Section 19. No soldier shall, in time of peace, be quartered in any house without the consent of the owner ; or in time of war, except in the manner pre- scribed by law. Section 20. No hereditary emoluments, privi- leges, or honors shall be granted or conferred. Article Second. OF THE DISTRIBUTION OF POWERS. The powers of government shall be divided into three distinct departments, to wit, legislative, execu- tive, and judicial, and each of said departments shall be confided to a separate magistracy. Article Third. OF THE LEGISLATIVE DEPARTMENT. Section 1. The legislative power shall be vested in two distinct houses or branches ; the one to be styled the senate, the other the house of representa- tives, and both together the general assembly. The style' of their laws shall be : Be it enacted by the senate and house of representatives in general assembly convened. Section 2. There shall be a stated session of the general assembly, to be holden at Hartford bien- nially, on the Wednesday following the first Monday of the January next succeeding the elec- tion of its members. The person administering the office of governor may, on special emergencies, con- vene the general assembly at said place at any other 448 JOURNAL OF THE CONSTITUTIONAL CONVENTION. time, and in case of danger from the prevalence of contagious disease in said place, or from other causes, he may convene said assembly at any other place in this state. Sectiok 3. On and after the Wednesday after the first Monday of January, -1903, the house of repre- sentatives shall consist of electors residing in towns from which they are elected, and for the purpose of apportioning representatives among the towns they shall be classified as follows : Each town having a population of less than two thousand shall be entitled to one representative. Each town having a population of two thousand and less than fifty thousand shall be entitled to two representatives. Each town having a population of fifty thousand and less than one hundred thousand shall be entitled to three representatives. Each town having a population of one hundred thousand or more shall be entitled to four repre- sentatives, and to one additional representative for each fifty thousand of population in excess of one hundred thousand. The population of each town shall be determined by the census taken by authority of the United States next before the election of representatives is held. Each town entitled to more than two representa- tives shall be divided into districts, and each district shall elect only one representative. The districts shall be composed of contiguous territory, and the general assembly shall have regard to the popula- tion of the several districts into which the town is JOURNAL OF THE CONSTITUTIONAL CONVENTION. 449 divided, so tliat the same may be as nearly equal as possible. Districts when once established shall not be changed until the session of the general assembly next after the completion of a census of the United States, which general assembly may alter them if found necessary to . pi'eserve a proper equality of population in said districts. Section 4. On and after the Wednesday after the first Monday of January, 1903, the senate shall con- sist of forty-five members, chosen by districts. One senator shall be elected from each district, and at the time of such election he shall be an elector in such district. The general assembly, at the session held next after the adoption of this constitution, shall divide the state into forty-five districts for the choice of sena- tors, which districts shall always be composed of con- tiguous territory ; and in forming them regard shall be had to population, so that the districts shall be in that respect as nearly equal as possible under the limitations of this section, but in forming such dis- tricts the town of Greenwich may be joined with territory separated from it by the town of Stamford. No town shall be divided except for the purpose of forming more than one district wholly within such town, and no county shall contain less than two districts. The districts when established as herein provided shall not be changed until the session of the general assembly next after the completion of a census of the United States, which general assembly may alter them if found necessary to preserve a c. c— 29 450 JOURNAL OF THE CONSTITUTIONAL CONVENTION. proper equality of population in said districts ; after which said districts shall not be altered, except at the session of the general assembly next after the completion of a census of the United States ; but no changes shall be at any time made except in accord- ance with the principles hereinbefore established. Section 5. The secretary, treasurer, and comptrol- ler shall canvass the votes for senators publicly. The person in each district having the greatest number of votes for senator shall be declared to be elected from such district. The return of votes and the result of the canvass shall be submitted to the house of representatives, and also to the senate, on the first day of the session of the general assembly. If no choice is made by the electors in any district in consequence of an equality of votes the house of representatives shall designate, by ballot, which of the candidates having such equal number of votes shall be declared to be elected ; but each house shall be the final judge of the elections and qualifications of its own members. Section 6. A general election for governor, lieu- tenant-governor, secretary, treasurer, comptroller, and members of the general assembly shall be held on the Tuesday after the first Monday of November, 1902, and biennially thereafter, and for attorney -general quadrennially. The general assembly shall enact laws regulating and prescribing the manner of voting at all elections, and also providing for the election of representatives at some time subsequent to the gen- eral election in those towns where the electors at the general election have failed to elect the representa- tives to which such towns shall be by law entitled, JOURNAL OF THE CONSTITUTIONAL CONVENTION. 451 and for the election of senators or representatives if a vacancy occurs in either office. Section 7. The members of the general assembly shall hold office for two years from the AVednesday following the first Monday of the January next suc- ceeding their election, and until their successors are duly qualified. Section 8. The house of representatives, when as- sembled, shall choose a speaker, clerk, and other officers. The senate shall choose a president ^;/'(9 tern- 2)ore, a clerk, and other officers, except the president. A majority of each house shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and compel the attendance of absent members in such manner and under such penalties as each house may prescribe. Section 9. Each house may determine the rules of its own proceedings, punish members for disorderly conduct, and, with the consent of two-thirds, expel a member, but not a second time for the same cause, and shall have all other powers necessary foi* a branch of the legislature of a free and independent state. Section 1 0. Each house shall keep a Journal of its proceedings, and publish the same when required by one-fifth of its members, except such parts as, in the Judgment of a majority, require secrecy. The yeas and nays of the members of either house shall, at the desire of one-fifth of those present, be entered in the Journal. Section 11. The senators and representatives shall be privileged from arrest on civil process during and for four days before and after any session of the general assembly ; and for any speech or debate in 452 JOURNAL OF THE CONSTITUTIONAL CONVENTION. either house tliey shall not be questioned in any other place. Section 12, The debates of each house shall be public, except on such occasions as, in the opinion of the house, require secrecy. Section 13. The compensation of members of the general assembly shall be five hundred dollars in full for the term for which they are elected. The general assembly may, in addition to such compensation, pro- vide by law for the transportation of each member or member-elect by public conveyance, by the most convenient route, between his home station and the place of meeting during the session of the general assembly to which he was elected, and until the gen- eral assembly shall by law take action thereon, the comptroller shall provide for such transportation. Akticle Foukth. OF THE EXECUTIVE DEPARTMENT Section 1. The supreme executive power of the state shall be vested in the governor. No person who is not an elector of this state and who has not arrived at the age of thirty years shall be eligible to that office. Section 2. The lieutenant-governor shall possess the same qualifications as are herein prescribed for the governor. Section 3. The compensation of the governor and lieutenant-governor shall be established by law, and shall not be changed so as to take effect until after the election which shall next succeed the passage of the law establishing said compensation. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 453 Section 4. The governor shall be commander-in- chief of the military and naval forces of the state, except when such forces are called into the service of the United States. Section 5. He may require information in writ- ing from the officers in the executive department on any subject relating to the duties of their respective offices. Section 6. He may adjourn the general assembly to such time as he shall think proper, not beyond the day of the next stated session, in case of a dis- agreement between the two houses respecting the time of adjournment. Section 7. He shall, from time to time, give to the general assembly information of tlie state of the government, and recommend to its consideration such measures as he shall deem expedient. Section 8. He shall cause the laws to be faith- fully executed. Sec HON 9. He may grant reprieves after con- viction in all cases, except those of impeachment, until the end of the next session of the general as- sembly, bilt no longer. Section 10. All commissions shall be in the name and by authority of the state of Connecticut; shall be sealed with the state seal, signed by the governor, and attested by the secretary. Section 11. Every bill which shall have passed both houses of the general assembly shall be presented to the governor. If he approve, he shall sign and transmit it to the secretary, but if not, he shall return it to the house in which it originated, with his objec- tions, which shall be entered in the journal of the 454 JOURNAL OF THE CONSTITUTIONAL CONVENTION. house, and it shall proceed again to consider the bill. If after such reconsideration that house shall again pass the bill, it shall be sent, with the objections, to the other house, which shall also again consider it. If passed by that house, it shall become a law. In such cases the votes of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered in the journal of each house respectively. If the bill be not returned by the governor within ten days, Sundays excepted, after it has been presented to him, it shall be a law, in like manner as if he had signed it; unless the general assembly, by adjournment, prevents its return, in which case it shall not be a law. In a bill for the appropriation of money containing several items the governor may approve or disapprove any of such items, in which case the bill shall become a law as to those items approved by him, and those disapproved by him shall be returned to the general assembly with his objections, and they shall not become a part of the law unless passed by both houses in the manner aforesaid ; but no items except such as are returned by the governor wdthin the time afore- said may be disapproved by him, unless the general assembly by adjournment prevents such return. Section 1 2. The lieutenant-governor shall, ex officio, be president of the senate, and have, when in com- mittee of the wdiole, the right to debate, and, when the senate is equally divided, to give the casting vote. Secidn 13. In case of the death, resignation, re- fusal or inability to serve, or removal from office, of the governor, or of his impeachment, or absence from the state, the lieutenant-governor shall administer the JOURNAL OF THE CONSTITUTIONAL CONVENTION. 465 oflSce of governor until another be chosen and duly qualified or until the governor impeached or absent shall be acquitted or return. Section 14. In the event of the death, resignation, refusal or inability to serve, removal from office, im- peachment, or absence from the state, of both the governor and lieutenant-governor, the president of the senate pro terapore shall, in like manner, admin- ister the office of governor, until he be superseded by a governor or lieutenant-governor; and if there be no president pro tempore of the senate and the senate be not in session the secretary shall convene the senate for the purpose of choosing a president j:)?'c» tempore. Section 15. The secretary shall have the custody of and shall safely keep the public records and docu- ments, and shall record the acts, resolutions, and orders of the general assembly, and perform all such duties as may be prescribed by law. He shall be the keeper of the seal of the state, which shall not be altered. Section 16, The treasurer shall receive all money belonging to the state and disburse it only as directed by law. He shall pay no warrant or order for the disbursement of public money until it has been registered in the office of the comptroller. Section" 1 7. The comptroller shall adjust and set- tle all public accounts and demands, except grants and orders of the genei'al assembly. He shall prescribe the mode of keeping and rendering all public ac- counts. He shall, ex officio, be one of the auditors of the accounts of the treasurer. The general assembly may assign to him other duties in relation to his 466 JOURNAL OF THE CONSTITUTIONAL CONVENTION. office, and to that of the treasurer, and shall prescribe the manner in which his duties shall be performed. Section 18. The governor, lieutenant-governor, secretary, treasurer, and comptroller shall hold their respective offices for two years, and the attorney- general for four 3^ears, from the Wednesday following the first Monday of the January next succeeding their election, and until their successors are duly qualified. Sec HON 19. Sheriffs shall be elected in the several counties quadrennially, on the Tuesday after the first Monday of November, and shall hold office for the term of four years from the first day of June follow- ing their election. They shall become bound, with sufficient sureties, to the treasurer of the state, for the faithful discharge of the duties of their ofiice, in the manner prescribed by law. They shall be re- movable by the general assembly. If the sheriff of any county shall die, resign, or be removed from office by the general assembly, the governor may fill the vacancy occasioned thereby, until the same shall be filled by the next quadrennial election. Article Fifth. OF THE JUDICIAL DEPARTMENT. S-KCTiuN 1. The judicial power of the state shall be vested in a supreme court of errors, a superior court, and such inferior courts as the general assembly may, from time to time, ordain and establish, the powers and jurisdiction of which couils shall be defined by law. Section 2. Justices of the peace shall be chosen by the electors in the several towns. The time and JOURNAL OF THE CONSTITUTIONAL CONVENTION. 457 manner of their election, the number in each town, and the period for which they shall hold their office, shall be prescribed by law. They shall have such jurisdiction in civil and criminal cases as the general assembly may prescribe. SECTioisr 3. The judges of the supreme court of errors and of the superior court shall, upon nomina- tion by the governor, be appointed by the general assembly in such manner as shall by law be prescribed. They shall hold office for the term of eight years, but may be removed by impeachment, and shall be removed by the governor on the address of two-thirds of each house of the general assembly. If any vacancy occurs in the supreme court of errors or superior court, when the general assembly is not in session, the governor may appoint a judge to fill such vacancy, until the rising of the next general assembly, or until the vacancy is filled by the action of the governor and the general assembly as hereinbefore provided. No judge or justice of the peace shall be capable of hold- ing such office after he arrives at the age of seventy years. Any judge of the supreme court of errors or superior court who shall be retired from office on account of age shall thereupon become a state referee, whose powers and duties shall be defined by law. The judges of the supreme court of errors and of the superior court shall receive a stated compensation to be fixed by the general assembly. Said compensa- tion may be increased, but shall not be diminished during their terms of office. Sectiq]^ 4. Judges of such courts of common pleas and of such district courts as are or may be estab- lished, shall be appointed for a term of six years, in the 458 JOUKKAL OF THE CONSTITUTIOKAL CONVENTIOX. manner provided in section three for the appointment of judges of the supreme court of errors and superior court. If any vacancy occurs in the office of Judge of either of such courts when the general assemljly is not in session, the governor may appoint a judge to fill such vacancy, until the rising of the next general assembly, or until the vacancy is filled by the action of the governor and general assembly, as hereinbefore provided. Judges of such city courts, police courts, borough courts, and town courts, as are or may be established, shall be appointed for a term of two years. Section 5. Judges of probate shall be chosen quadrennially, at the general election, by the electors residing in their respective districts. They shall hold office for four years from the Wednesday after the first Monday of the January next succeeding their election. Section 6. The general assembly may ordain and establish a court or tribunal, composed of not less than three judges of the superior court, to review and pass upon errors of fact, or of law, or both. Article Sixth. OF ELECTIONS AND ELECTORS. Section 1. At the general election for the choice of state officers, members of the general assembly, and such other officers as now are or hereafter may be prescribed, the presiding officers shall receive the votes of the electors, which shall be by ballot, either written or printed, or by voting machine authorized by law, and shall count and declare them in the JOURNAL OF THE CONSTITUTIONAL CONVENTION. 4"'9 presence of the electors. When such votes have been so received and counted, duplicate lists of the persons voted for, and of the number of votes given for each, shall be made and certified by the presiding officer; one of v^^hich lists shall be deposited in the office of the town clerk within three days, and the other, within ten days after said election, shall be mailed or delivered under seal to the secretary, with an indorsement indicating the contents thereof. The votes so returned shall be counted, canvassed, and de- clared by the secretary, treasurer, and comptroller, within the month of November. The vote for secre- tary shall be counted, canvassed, and declared by the treasurer and comptroller only ; the vote for treasurer shall be counted, canvassed, and declared by the secre- tary and comptroller only ; and the vote for comp- troller shall be counted, canvassed, and declared by the secretary and treasurer only. A fair list of the persons voted for and number of votes given for each, together with the returns of the presiding officers, shall be made by the secretary, treasurer, and comptroller, and laid before the genei'al assembly on the first day of the next stated session thereof. In the elec- tion for governor, lieutenant-governor, secretary, treasurer, comptroller, and attorney -general, the person found by the general assembly, in the manner herein provided, to have received the greatest number of votes for each of said offices respectively, shall be declared by said assembly to be elected. If two or more persons shall be found to have an equal and the greatest number of votes for any of said offices, then the general assemb]}^ on the second day of its session, by joint ballot of both houses, shall proceed 460 JOURNAL OF THE CONSTITUTIOXAL CONVEXTION. without debate to choose said officer from a list of tlie names of the persons found to have an equal and the greatest number of votes for said office. The general assembly shall by law jDrescribe the manner in which all questions concerning the election of the above- named officers shall be determined. Section 2. All persons who at the time of the adoption of this constitution are electors shall con- tinue such, subject to its provisions and the laws of the state. Section 3. Every male citizen of the United States who shall have attained the age of twenty-one years, who shall have resided in this state for one year next preceding, and in the town in which he may offer himself to be admitted to the privileges of an elector at least six months next preceding, the time he may so offer himself, and shall be able to read in the English language any article of the con- stitution or any section of the statutes of this state, and shall sustain a good moral character, shall, on taking such oath as may be prescribed by law, bec< me an elector. Section 4. The privileges of an elector shall be forfeited by a conviction of bribery, forgery, perjury, dueling, fraudulent bankruptcy, theft, or other offense for which an infamous punishment is in- flicted. The general assembly may, by vote of two- thirds of the members of each house, restore the jDrivileges of an elector to those who have forfeited them by a conviction of crime. Section 5. Every elector shall be eligible to any office in this state, unless otherwise provided in this constitution. JOUENAL OF THE CONSTITUTIONAL CONVENTION. 461 Section 6. The selectmen and town clerk of the several towns shall decide on the qualifications of electors, at such times and in such manner as may be pi'escribed by law. Section 7. Laws shall be made to support the privilege of free suffrage, prescribing the manner of regulating and conducting meetings of the electors, and prohibiting, under adequate penalties, all undue influence therein, from power, bribery, tumult, or other improper conduct. Section 8. The electors shall be privileged from arrest, on civil process, during their attendance upon, and wdiile going to, and returning from, any election of state officers or members of the general assembly. Article Seventh. OF RELIGION. Section 1. It being the duty of all men to wor- ship the Supreme Being, the great Creator and Pre- server of the universe, and their rio-ht to render that worship in the mode most consistent with the dic- tates of their consciences, no person shall by law be compelled to join or support, or be classed with, or associated to, any congregation, church, or religious association. Ever} person now belonging to such congregation, church, or religious association shall remain a member thereof until he shall have separated himself therefrom in the manner hereinafter pro- vided. Each and every religious society or denomi- nation shall have and enjoy the same and equal powders, rights, and privileges, and may support and maintain its ministers or teachers, and may build 462 JOURNAL OF THE CONSTITUTIONAL CONVENTION. and repair houses for public worship by a tax on its members only, to be laid by a major vote of the legal voters assembled at a societ}^ meeting duly warned and held, or by funds obtained in any other lawful manner. Section 2. If any person shall choose to separate himself from the religious society or denomination to which he may belong, and shall leave a written notice thereof with the clerk of such society, he shall not be liable for any expenses thereafter incni-red by said society. Aeticle Eighth. OF EDUCATION. Section 1. The charter of Yale College, as modi- fied by agreement with the corporation thereof, in pursuance of an act of the general assembly passed in May, 1792, is hereby confirmed. Section 2. The fund called the school fund shall remain a perpetual fund, the interest of w^hich shall be inviolably appropriated to the support and encour- agement of the public or common schools throughout the state, and for the equal benefit of all the people thereof. No law shall be made authorizing said fund to be diverted to any other use than the encouragement and support of public or common schools, among the several school societies or dis- tricts, as justice and equity shall require. Article Ninth. OF IMPEACHMENT. Section 1. The house of representatives shall have the sole power of impeachment. JOURNAL OF THE CONSTITUTIONAL CONVENTION. 463 Sfctton 2. All impeachments sball be tried by tlie senate. When sitting for that purpose, the sena- tors shall be on oath or affirmation. No person shall be convicted without the concurrence of two-thirds of the senators present. When the governor is im- peached the chief justice shall preside. Section 3. The governor and all other executive and judicial officers shall be liable to impeachment ; but judgments in such cases shall not extend further than to removal from office and disqualification to hold any office of honor, trust, or profit under this state. The person convicted shall, nevertheless, be liable to indictment, trial, and punishment accord- ing to law. Section 4. Treason against the state shall consist only in levying war against it, or adhering to its ene- mies, giving them aid and comfort. No person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or on confession in open court. No conviction of treason, or attainder, shall work corruption of blood or forfeiture. Akticle Tenth. GENERAL PROVISIONS. Section 1. Members of the general assembly and all officers, executive and judicial, shall, before they enter on the duties of their respective offices, take the following oath or affirmation, to wit : You do solemnly swear (or affirm, as the case may be,) that you will support the constitution of the United States, and the constitution of the state of Connecticut, so long as you continue a citizen thereof; 464 JOURNAL OF THE CONSTITUTIONAL CONVENTION. and tliat you will faithfully discharge, according to law, the duties of the office of to the best of your abilities. So help you God. SectiojS" 2. No judge of the supreme court of errors, or of the superior court, no member of congress, no person holding any office under the authority of the United. States, no person holding the office of secre- tary, treasurer, comptroller, or attorney-general, no sheriff or sheriff's deputy, shall be a member of the general assembly. Section 8. No member of the general assembly shall receive any civil appointment in this state, or to the United States senate, from the governor, the governor and senate or from the general assembly, or either branch thereof, during the term for which he shall have been elected. Section" 4. No act of the general assembly chang- ing or discontinuing a probate district shall be valid unless approved by a major vote of the electors resid- ing in the town, or parts of towns, to be added to or taken from said district or discontinued as a district. Section 5. The general assembly shall not author- ize any municipality to issue bonds or debentures for any purpose except to take up an outstanding issue of bonds or other form of indebtedness, unless the act authorizing such issue shall provide for submitting to the electors of such municipality the question whether such issue shall be made ; and no such issue shall be made unless the same is approved by a majority of the electors voting thereon. Section 6. Neither the general assembly, except as provided in section 3 of article 5, nor any county, city, borough, town, school district, or JOUKNAL OF THE CONSTITUTIONAL CONVENTION, 466 other mnnicipality, shall pay or grant any extra compensation to any public officer, employee, agent, or servant, or increase the compensation of any public officer or employee, to take effect during the continuance in office of any person whose salary might be increased thereby, or increase the pay or compensation of any public contractor above the amount specified in the contract. Section 7. No county, city, town, borough, or other municipality, shall subscribe to the capital stock of any railroad corporation, or become a purchaser of the bonds of, or make donation to, or loan its credit, directly or indirectly, in aid of any such corporation ; but nothing herein contained shall affect the validity of any bonds or debts incurred under existing laws, or prohibit the general assembly from authorizing any town or city to protect by additional appropria- tions of money or credit any railroad debt contracted prior to the amendment of the constitution adopted October, 1877. Section 8. Each town shall annually or bien- nially, as the electors of the town may determine, elect selectmen, and such officers of local police as the laws may prescribe. Section 9. A statement of all receipts, payments, funds, and debts of the state shall be published from time to time, in such manner and at such periods as shall be prescribed by law. Section 10. The rights and duties of all corpora- tions shall remain as if this constitution had not been adopted, with the exception of such regulations and restrictions as are contained in this constitution. All existing inferior courts shall continue until abol- c. c— 30 466 JOURNAL OF THE CONSTITUTIONAL CONVENTION. ished by law. All judicial and civil officers now in office shall continue therein until their terms of office expire, or until they resign, or are removed from office according to law. All military officers shall continue to hold and exercise their respective offices until their terms of office expire, or until they re- sign, or are removed according to law. All laws not contrary to, or inconsistent with, the provisions of this constitution, shall remain in force until they expire by their own limitation, or are altered or repealed by the general assembly in conformity with this constitution. The validity of all bonds, debts, and contracts, and all suits, actions, and rights of action, both in law and equity, shall continue as if no change had taken place. Section 11. This constitution shall take effect upon its adoption by the electors and shall then supersede the preceding constitution, except that the present general assembly shall continue for its original term. Article Eleventh. OF AMENDMENTS TO THE CONSTITUTION. A majority of eitlier house of the general assembly may propose amendments to this constitution, which amendments shall be continued to the next general assembly, and be published with the laws which may have been passed at the same session; and if a majority of the members elected to each house, at the next general assembly, shall approve the amendments proposed, by yeas and nays, said amendments shall be transmitted, by the secretary, to the town clerk in each town in the state, who shall JOURNAL OF THE CONSTirUTIONAL CONVENTIOIS". 467 present them to the electors thereof, for tlieir consideration, at an electors' meeting, legally warned and held for that purpose; and if it shall appear, in a manner to be provided by law, that a majority of the electors present at such meeting has approved such amendments, they shall become a part of this constitution. Article Twelfth. OF CONSTITUTIONAL CONVENTIONS. No call for a constitutional convention shall be submitted to the people unless the general assembly, by a major vote in each house, provide for such sub- mission, and no constitutional convention shall be called unless it shall receive a major vote of the registered electors of the state. On motion of Mr. Clark of Haddam, the Convention, at 5.10 o'clock P. M., adjourned sine die. INDEX. Page. Absentees, Clerk instructed to notify, 419 Adjournment : resolution concerning final, 74, 271 of Convention, 15, 19, 27, 39, 46, 49, 51, 64, 66, 67, 71, 73, 75, 83, 86, 88, 89, 90, 94, 99, 102, 109, 115, 116, 121, 128, 135, 142, 150, 160, 174, 180, 185, 209, 219, 227, 232, 235, 241, 279, 281, 292, 313, 316, 322, 327, 339, 350, 360, 362, 368, 375, 387, 388, 392, 397, 402, 411, 425 final, 467 Amendments, resolutions providing for constitutional, 86 Andrews, Charles B. : appointed chairman of the committee on Repre- sentation, 383, 387 block and gavel presented to, 424 elected president of Convention, 9 acceptance of presidency, 9 motions by, "^ 164, 165, 166, 167, 172 Appeals : from rulings of the chairman of the committee of the Whole, 96,111 from rulings of the president, 42, 304 Article Third : adoption of, 206, 214, 216 resolution concerning consideration of, 33 Assistant Clerk: election of, 44 oath administered to, 44 resolution concerning appointment of, 14, 27, 42, 43, 44 resolution concerning appointment of stenographer as, 21, 56 Bailey, Henry L. : appointed on committee on Contingent Expenses, 56 resolutions introduced by, 68, 81, 131, 353, 413, 436 470 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Page. Barnes, George A. : appointed on committee on Contingent Expenses, 56 Beach, Charles M. : appointed on committee on Representation, 129 resolutions introduced by, 28, 69 Bell, Thaddeus: resolution introduced hj, 18 Bill of Eights, amended, 249 resolutions concerning, 163, 238, 240, 241, 244, 245, 284 Bissell, Charles C. : appointed teller, 20 motions by, 155 resolutions introduced by, 88, 398, 424, 432 Block and gavel presented to president, 424, 436 Bonds, municipality not to issue unless by a majority vote of the electors therein, 54, 24Y, 249 Books, not to be used as evidence without consent of prisoner, 69 Boss, Eugene S. : appointed on committee on Special Legislation, 320 Bowen, George Austin : appointed on committee on Representation, 129 arose to a question of personal privilege, 116 motions by, 145 presides in the committee of the "Whole, 101 Brinsmade, John C. : appointed on committee on Bepresentation, 387 appointed on drafting committee, 163 motions by, 285, 365 presides over the Convention, 372 Broth well, Wilbur A., resolutions introduced by, 65, 404, 421 Bro^vn, Arthur M. : appointed on committee on Special Legislation, 320 Brown, Frank T. : appointed on committee on Credentials, 9 appointed on committee on Representation, 129, 387 appointed on committee on Style, 295 motions by, 106, 158, 169, 170, 171, 172, 296, 333 presides over the Convention, ' 155 James F., appointed on committee on Representation, 388 Rev. William Martin, appointed Chaplain, 28 INDEX. 471 Page. Bryant, Percy S. : appointed on committee on Contingent Expenses, 56 appointed on committee on Special Legislation, 322 motions by, 15, 27, 31, 202, 204, 273, 355 resolutions introduced by, 20, 34, 174 Bryant, Samuel J. : appointed on drafting committee, 162 arose to a question of personal privilege, 177 motions by, 31, 50 Buell, Harley P.: appointed on committee on Representation, 129 Bugbee, Byron D., motion by, 50 Bulkeley, Morgan G. : resolution of thanks of the Convention to, 436 Case, Hubert B., appointed teller, 20 Caucus, resolution providing for a general, 95 Chairman of the committee of the Whole : appointment of, 46 rulings by, 50, 58, 59, 96, 97, 105, 106, 111, 113, 114, 120, 133, 134, 230, 237 Chandler, Eandolph H. : resolution introduced by, 15 Chaplains : appointment of, 28 resolution paying for services of, 411 Chart, paying for preparation of, 418 Charter, Francis M. : appointed on Drafting committee, 163 motion by, 195 resolution introduced by, 95 Charters, general assembly not to grant special, 54 to be uniform in the State, 95, 342 Cheney, Frank W. : appointed on committee on Special Legislation, 320 presides in the committee of the Whole, 101 resigns from committee on Special Legislation, 322 resolution introduced by, 9 Chipman, Edwin C, resolution introduced by, 60 Christian, stricken out of bill of rights, 249 472 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Page. Clmrches, resolution concerning support of, 55 Cities not to incur debt beyond a certain amount, 86 to be incorporated under a general law, 55 to have uniform charters, 95 Civil appointments: members of general assembly not to receive, 47, 48, 281, 295, 296 service, resolution in favor of, 48, 298 Clark, Charles Hopkins: appointed on committee on Representation, 129, 387 arose to a question of personal privilege, 116 motions bv, 14, 16, 245, 254, 272, 344, 349, 359, 380, 383 presides over committee of the "Whole, 93 presides over the Convention, 316 resolutions introduced by, 14, 48, 100, 275 Clark, George M. : motions by, 32, 82, 160, 194, 263, 278, 285, 425 resolutions introduced bv, 34, 40, 60, 68, 79, 80, 95, 99, 423, 436 arose to a question of personal privilege, 321 Clerk administers oath to George E, Hinman, 44 administers oath to E. Jay Walsh, 28 election of, 13 assignment of seats by, 16 authorized to print journal, 20 authorized to prepare manual, 40 authorized to print Constitution, 52 instructed to read all of the resolutions, 50 ordered to send rules to delegates, 27 to have printed all bills concerning representa- tion, 40 to print detailed plan of representation based on the various resolutions, 87 Clerks of Convention appointed clerks of committee of the Whole, 46 resolutions paying salaries of, 368, 406 Coe, Edward S. : appointed on committee on Contingent Expenses, 56 appointed on committee on Eepresentation, 129 resolutions introduced by, 92, 103, 408 INDEX. 47 3 Page. Cogswell, Leonard W. : comptroller authorized to purchase report of Con- vention from, 408 Collins, William A. : appointed on committee on Representation, 387 Committee of the Whole : chairman of, appointed, 46, 63 clerks of,, appointed, 46 raising of, 46 reports of, 46, 51, 57, 59, 63, 67, 70, 73, 76, 78, 83, 86, 90, 94, 98, 102, 107, 108, 109, 110, 115, 118, 124, 135, 173, 179, 184, 224, 231, 237 resolution concerning matters referred to, 39 sessions of, 46, 49, 50, 51, 56, 57, 58, 62, 66, 67, 69, 72, 73, 75, 76, 77, 82, 83, 84, 85, 89, 93, 96, 98, 99,. 101, 104, 105, 106, 107, 110, 111, 112, 113, 114, 116, 117, 118, 123, 133, 134, 135, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 178, 179, 183, 184, 223, 224, 229, 230, 231 to report to Convention all matters before it, 236, 237 on Contingent Expenses: raised, 47 appointed, 56 on Credentials : appointed, 9 report of, 9 on Judicial Department: raised and appointed, 263, 264, 276 report of, 306, 319 on Drafting a System of Representation: raised and appointed, 147, 150, 152, 162 report of, 176, 177, 187, 188, 189, 200, 201 on Drafting the Preamble and Bill of Rights, 249, 250 on Reporting and Printing, appointed, 35 report of, 43, 44 on Representation : raised, 125 appointed, 129 report of, 131, 132 raised and appointed, 383, 387 report of, 394 474 JOURNAL OF THE CONSTITUTIONAL CON\^ENTION. Page. Committee of the Whole : on Rules, 18 report of, 21, 25, 28, 29, 30, 31, 62 Special Legislation : raised and appointed, 319, 320 on Style : raised and appointed, 278, 295 report of, 370, 371, 441 on Woman Suffrage, and report of, 62, 272 raising one to consider trial by jury, 163, 184 resolution concerning appointment of Drafting, 33 resolution prohibiting appointment of, 34, 48 Comptroller: authorized to appoint messengers and doorkeepers, 18 authorized tO' pay transportation of members of Convention, 18, 19, 436, 437. authorized to purchase stenographic report of Convention, 386, 407 resolution concerning the appointment of a sten- ogi'apher as assistant clerk, 21 Constitution : amendment to, provided for, 86 Article First, adopted, 164, 165, 166, 167, 168, 169, 170, 171, 172, 386 Second, adopted, 172 Third, adopted, 206, 214, 216, 372, 373, 374, 375, 377, 378, 383, 384, 385, 391, 441 Fourth, adopted, 251, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 384, 441 Fifth, adopted, 262, 264, 265, 268, 276, 284, 285, 286, 287, 288, 289, 290, 386, 392 Sixth, adopted, 291, 292, 311, 312 Seventh, adopted, 265, 267, 268, 269, 270, 271, 283, 303, 304, 305 Eighth, adopted, 279 Ninth, adopted, 280 Tenth, adopted, 348, 349, 350, 352, 353, 354, 355, 356, 385, 441 Eleventh, adopted, 325, 357, 361, 365, 366, 367, 385 as adopted, 444 INDEX. 475 Page. Constitution : declaration of rights, adopted, 164, 165, 166, 167, 168, 169, 170, 171, 172 distribution of powers, adopted, 172 draft of as adopted, 444 final vote on adoption of, 442 preamble to adopted, 164 submission to the people to be at the earliest pos- sible moment, 438 submission of, when, ' 439 to be engrossed and filed with Secretary of State, 439 to be submitted in sections, 103, .157, 160 vote on bj the people, 439 Contingent Expenses : committee on, raised, 47 committee on, appointed, 56 report of committee on, 368, 406, 411, 418 Convention : adjournments of, 15, 19, 27, 39, 46, 49, 51, 64, 66, 67, 71, 73, 75, 83, 86, 88, 89, 90, 94, 99, 102, 109, 115, 116, 121, 128, 135, 142, 150, 160, 174, 180, 185, 209, 219, 227, 232, 235, 241, 279, 281, 292, 313, 316, 322, 327, 339, 350, 360, 362, 368, 375, 387, 388, 392, 397, 402, 411, 425, 467 assignment of seats in, 15 called to order, ' 9 instructs committee of the Whole to report all matters pending before it, 235 journals of, how distributed, 438 journal, printing of, authorized, 20 list of delegates to, 3 opening session of, 3 president of, elected, 9 providing for the calling of other, 42, 357 resolution concerning recess of to engross Consti- tution, 234 resolution concerning the calling of other, 81, 124 resolutions to be filed with Secretary of State, 439 rules of, 21, 28, 35, 42 transportation of members to, 18 476 JOURNAL OF THE CONSTITUTIONAL CONVENTION. Page. Convention : to be called every twenty years, 56 use of floor granted to State officers and judges, 47 Coroners : to be elected by tlie electors in the counties, 55, QQ Corporations : resolution concerning forfeiture of charter of, 81 resolution concerning special privileges to public officers, 104, 348 County Commissioners : resolutions concerning appointment of, 321, 326, 327, 342, 343 to be elected by the electors in the counties, 55, QQ County Officers : to be elected by the electors in the counties, 55, 66 Courts : judges of not to practice law, 81 resolution concerning appointment of judges of, 41 Credentials : committee on, appointed, 9 report of committee on, 9 report of committee on, accepted, 9 Curtiss, Horace D. : appointed on committee on Special Legislation, 320 Damages : assessment to be by a jury, 53 default in constitutes an admission of every ma- terial fact alleged in complaint, 54 resolution against any change in default law con- cerning, 227 right to recover not to be defeated by negligence of co-employee, 69 Davenport, Daniel : appointed on committee on Credentials, 9 appointed on committee on Eepresentation, 129, 387 motions bv, 30, 96, 107, 165, 167, 169, 172, 197, 229, 238, "^240, 244, 245, 246, 247, 257, 265, 286, 319. 360, 386 presides over committee of the Whole, 178 INDEX. 477 Page. Davenport, Daniel : resohitions introduced hj, 41, 42, 47, 53, 54, 55, 61, 65. 74, 81, 82, 91, 93, 104, 116, 182, 223, 291, 327, 341^ 357, 365 states a question of personal privilege, 49 Death, amount not to be limited in actions for, 182, 231 Debate : delegates to notifv clerk of their intention to, 85 no delegate to speak more than once, 85 no resolution to be voted upon until every delegate had a chance to discuss the subject of representation, 50 resolutions limiting the time of, -»71, 236, 245 Debt : resolutions concerning imprisonment for, 54 Default: right of trial by jury to extend to case after, 53 to be held to admit every material fact alleged in complaint, 54 Delegates : oath administered to, 8 reimbursed for expenses of transportation, 436 roll of in the Convention, • 3 those absent to be notified, 419 Dempsey, Eugene C. : appointed on Drafting committee, 162 motions by, 342 Divorces : not to be granted by general assembly, 54, 182, 245 Doorkeepers : appointment of, 18, 32 gratuities not to be paid to, 18 Drafting Committee : resolution concerning appointment of, 33, 147, 152, 162 report of, 176, 177, 187, 188, 189, 200, 201 Electors : resolution concerning transfer of, 100 Eminent Domain : damages to be assessed by jury in, 75 478 JOURNAL OF THE CONSTITUTIO^^AL CONVENTION. Page. Engrossment : resolutions concerning committee on, 234, 243 resolution providing for the Constitution, 439 Equal Representation : resolution concerning, « 41 Equality : all persons to have before the law, 183, 246, 248 Etheridge, Frank W. : appointed on committee on Eepresentation, 129, 387 appointed on Drafting committee, 162 motions by, 85, 140, 254, 268, 285, 303, 355, 384 presides bver the committee of the Whole, 184 resolution introduced by, 355 Ex Post Eacto Laws : resolution concerning, 54 Einal adjournment : resolution concerning, 74 Eisk, Louis A. : motions by, 195, 295 resolutions introduced by, 40, 68, 119, 222, 303, 405 Eyler, Orsamus E. : appointed on committee on Reporting and Printing, 35 Gallup, Charles A. : resolution introduced by, ' 183 General Assembly : all acts of to be voted on by Yeas and iSTays, 60 changing name of, 64 committee on Eepresentation in, raised, 125 committee on Eepresentation, appointed, 129 composition of, to be first disposed of by Convention, 34 Drafting committee on Eepresentation in, raised and appointed, 147, 152, 162 Drafting committee on Eepresentation, report of, 176, 177, 187, 188, 189, 190, 191, 192, 200 each town to have one representative in, 192, 411 given power to enact initiative and referendum law, 119 INDEX. 479 Page. General Assembly : members of not to receive civil appointment, 47, 48, 281, 295, 296, 303 members of elected, how, 303 not to grant special charters, 45, 54, 83, 284, 299, 300, 302, 313, 315, 316 not to pass ex post facto laws nor grant divorces, 54 organization of, 203 providing for the submission to the people of the one-and-sixty plan and the population plan, 413 resolutions concerning composition of, 34, 39, 40, 41, 47, 48,52,60,65, QG, 68, 69, 79, 80, 81, 87, 88, 91, 92, 93, 95, 99, 100, 102, 103, 110, 112, 113, 117, 131, 132, 134, 138, 141, 154, 180, 223, 325, 395, 398, 404, 405, 406, 408, 409, 413, 415, 416, 421, 423, 424 resolutions concerning bills enacted by, 72 resolutions embodying the one representative from a town plan, 413, 414 resolutions giving incorporated cities increased rep- resentation, 415, 416 resolutions not to be enacted preventing muni- cipalities from supplying water, gas, or electricity, 95 resolution concerning to be considered by com- mittee of the Whole, 39 resolution concerning to be printed and filed, • 40 resolution providing that representation in the general assembly in the seven largest towns shall not be taxed same as in the seven smallest towns, 65 salary of members in, 250, 262, 344, 345 special session of, recommended, 438 the senate of to consist of sixty members, 199 to have annual sessions, 61 to have power to grant electoral privileges to women, 327 to pass a general incorporation law for cities, 55, 319 to require a two-thirds vote of to pass bill over Governor's veto, 55, 56 towns not to be deprived of representation in, 80 vote on representation in to be taken, when, 58, 59, 82, 96, 97 vote to be taken separately on representation in House and Senate, 180 480 JOUENAL OF THE CONSTITUTIONAL CONVENTION. Page. Governor : not to appoint members of the assembly to office, 47, 48, 281, 295, 296, 303 resolution concerning pardons by, 74 resolutions concerning vetoes by, 55, 66 to appoint state's attorneys, 61 Grant, Thompson S. : appointed on committee on "Woman Suffrage, 62 Groesbeck, "William J. : appointed on committee on Representation, 387 motion by, 189 resolution introduced by, 100 Griswold, Edward: motions made by, 110, 188, 416 resolutions introduced by, 81, 264, 356 Guilf oile, Francis P. : appointed on committee on Eepresentation, 129, 388 motions by, 273, 326, 343, 425 presides over committee of the W^hole, 84 resolution introduced by, 65 Hall, AVilliamH.: appointed chairman of committee on Contingent Expenses, 56 appointed on committee on Eepresentation, 129, 387 motions by, 89, 138, 195, 264, 411 resolutions introduced by, 13, 14, 15, 20, 64, 92, 117, 141, 368, 407, 411, 418 Hall, resolution paying for chart of Convention, 418 Hamersley, E[on. William: administered oaths to delegates, 8 Hayes, Abner P. : appointed teller, 20 resolutions introduced by, 28, 54, GQ Health officers : to be elected by the people, 66 Healy, Prank E. : elected clerk of Convention, 14 oath administered to, 14 INDEX. 481 Page. Hinman, George E. : resolution appointing assistant clerk of Conven- tion, 14, 27 election of as assistant clerk, 42, 43, 44 oath administered to, 44 Holcomb, Marcus H. : appointed on committee on Judicial Department, 264 appointed on committee on Reporting and Printing, 35 appointed on committee on Representation, 387 appointed on committee on Special Legislation, 320 motions by, 106, 345 resolutions introduced by, 99, 180 Hotchkiss, David B. : appointed on committee on Representation, 129 resolution introduced by, 424 House of Representatives : to consist of one representative from each town, 192 Hubbard, Frederick P. : resolutions introduced by, 48, 52, 71 Huntington, Joseph S. : appointed on committee on Representation, appointed on Drafting committee, arose to a question of personal privilege, motions by, resolution introduced by. 129 163 177 30, 380 33 69 54 119, ,362 Impeachments : resolution concerning trials in. Imprisonment : resolution permitting it for fraud, Initiative an