HITCHCOCK, MUELLER, ROOT, CLARK of R., HOADLY, ETC. MAY 13, 1873.] MORRISON R. WAITE having received the ballots of a majority of all the members elected to the Convention, was declared duly elected President of the Convention. Mr. CLARK, of Ross, moved that a committee of two be appointed to wait upon and conduct the President elect to the Chair. The motion was agreed to; and Mr. KING and Mr. CAMPBELL were appointed. The PRESIDENT, on taking the Chair, addressed the Convention as follows: Gentlemen of the Convention: I thank you for this honor. I come to this chair without experience as a presiding officer. I fear that you will be called upon many times to overlook or excuse my faults. Relying, however upon your assistance and forbearance, I accept the position which you have so kindly tendered me. COMMITTEE ON RULES. Mr. HITCHCOCK offered the following: Resolved, That a committee of seven be appointed by the Chair to report rules for the government of the Convention; and that, until otherwise ordered, the Convention be governed by the rules of the last House of Representatives of Ohio, so far as the same shall be applicable. Mr. MUELLER. This resolution is not in order at this time. We are now engaged in the organization of this Convention; we have not yet elected a secretary, or a sergeant-at-arms. Of course the only business now in order is the completion of our organization. Mr. ROOT. On a moment's reflection the Convention will perceive that we need a committee that will do something more than to prepare and report a set of rules. There must be designated the proper standing committees, and their respective duties must be assigned them. For that purpose I think a larger committee than the one indicated should be appointed. Mr. HITCHCOCK. I was aware that perhaps a question of order might be raised upon my resolution, but I think not properly raised. The Convention is certainly now so far organized as to be able to consider and transact any business that may come before it, and it can now go forward with the regular duties for which it has assembled. We have elected our President; we have appointed a Secretary pro tempore. From present indications we may meet here from day to day for some time before we complete entirely our organization by the election of our subordinate officers. It seems to me that we should have some sort of rules to govern our proceedings. Mr. CLARK, of Ross. I think the point of order of the gentleman from Cuyahoga [Mr. MUELLER] is well taken. As stated by him we will not be organized until we have elected such other officers as may be necessary. The first business in order is the organization of this Convention. When that has been completed, then of course such resolutions this will be in order. We are not, as seems to be supposed by the gentleman from Geauga, [Mr. HITCHCOCK,] without rules for the government of our proceedings. We are acting under rules that are understood and recognized by parliamentarians everywhere. as Mr. HITCHCOCK. The law under which we are now acting, does not provide for the election of such officers as have been indicated by gentlemen. It provides for our meeting, and for a form of temporary organization; and then leaves the Convention to determine for itself what officers it will elect. However, I have no special interest in this matter, and I am willing to withdraw my resolution if desired. Mr. CLARK, of Ross. I think that would be the best way. The resolution was accordingly withdrawn. SUBORDINATE OFFICERS OF THE CONVENTION. Mr. DORSEY. I now renew the resolution which I offered some time ago, and withdrew temporarily. The resolution was read as follows: Resolved, That until otherwise ordered the officers of this Convention hall consist of a president, secretary, two assistant secretaries and an engrossing clerk, a sergeant-at-arms, two assistant sergeants-at-arms, and a postmaster. Mr. HOADLY. I hope that resolution will not be adopted. I hope we will not entail this expense on the State of Ohio until we know that it is necessary. It is proposed to elect seven or eight officers without any consideration whatever of the necessity of those officers. We are asked to elect an enrolling clerk before there is one word to be enrolled. I think we should take some little consideration of the necessity of this number of officers before we proceed to their election. Let us elect a secretary, an assistant secretary, a sergeant-at-arms and an assistant sergeant-at-arms, and then leave to the proper committee the consideration of what other officers we should provide, upon consultation with the officers we elect, and who are responsible for the proper discharge of their duties. This resolution proposes that we should elect more officers than the Convention of 1851 had. It seems to me that we are proceeding with great haste to incur a large bill of expense for the State of Ohio, about which I think we had better be a little careful. Mr. DORSEY. I think the gentleman from Hamilton [Mr. HOADLY] misapprehends the resolution. It simply provides that until otherwise ordered by this Convention its officers shall consist of those named. It does not propose to elect an enrolling clerk, for instance, before there is any business for him to do. He may not be elected until a week hence. I presume he will not be elected until some future time. So far as the other officers are concerned BABER, WEST, HOADLY, CUNNINGHAM, ETC. I am convinced that the resolution does not name too many of them. Mr. BABER. I think the gentleman from Hamilton [Mr. HOADLY] has misapprehended this matter. This resolution does not provide that we shall now elect these officers; it simply provides what officers the Convention shall have. The number of officers proposed by the resolution of the gentleman from Miami [Mr. DORSEY] is less than the House of Representatives of Ohio now have. As I understand, the House has a clerk, an assistant clerk, an engrossing clerk, an enrolling clerk, and some other clerks. This resolution provides for four clerks or secretaries. It does not necessarily follow that we are to elect them all now. It simply designates at the start how many officers are necessary for this Convention. I hope this resolution will be adopted. As to when we shall elect these officers, that is a question for the Convention to determine. Mr. WEST. It occurs to me that probably it would be premature for us now to designate the number of officers we shall have; and the analogy made between this Convention and the House of Representatives is not a good one. In the House there is bill after bill introduced, each of which must go through a regular routine, and it requires several clerks to keep trace of them, to keep an account of them. That, of course, will not be required here. The simple resolutions which may be offered here will be referred to the committees, and by them reported upon, without all that routine which is required in the House of Representatives. And as regards the number of sergeants-atarms, we do not require so many as the House of Representatives has; we have no Senate or other body to whom to send and from whom to receive messages and communications, and no occasion for an officer to carry bills back and forth between this hall and the Senate Chamber. I think it is premature for us at the present time to provide for so many officers as is proposed by this resolution. Let us carry forward our organization now by electing a secretary and assistant secretary, a sergeant-atarms and assistant sergeant-at-arms. Then if we shall hereafter find that we want any more officers, we can provide them at any time. Let us not, at all events, prematurely resolve that we will have more officers than we may really need. I do not know how many we may need. But it occurs to me that we will not need so many as the House of Representatives has. The question was then taken on the resolutionof Mr. DORSEY, and it was not adopted. ELECTION OF SECRETARY. Mr. HOADLY offered the following: Resolved, That we proceed to elect by ballot a secretary of the Convention. Mr. O'CONNOR. I move to amend the resolution by adding the same provision that we adopted in regard to electing our President, as follows: [TUESDAY, tary of this Convention. He is very familiar with the duties of such a place, and would prove an efficient officer. Mr. POWELL. I nominate Robert F. Hurlbut for Secretary. Mr. WEST. I have been requested, and I do so with great pleasure, to present the name of Col. Dudley W. Rhodes, of Delaware, for the office of Secretary of this Convention. He has been clerk of the State Senate for a number of years, and is exceedingly familiar with all the duties and routine of such a position. He is well versed in parliamentary law, a ready writer, and a very worthy gentleman. Mr. HERRON. I nominate H. G. Armstrong, of Hamilton county. Mr. POWELL. I did not intend to say anything about the character of the candidate I nominated, and would not do so but for the remarks of other gentlemen. I have no doubt it is all true what the gentlemen from Logan has said about the candidate he has nominated. I wish to say that Mr. Hurlbut has also had very considerable experience, because he was the assistant secretary of the Senate for two years. He is, therefore, well qualified for the position. Mr. GARDNER. Ipresent the name of Frank Browning of Clinton county, one of the clerks of the last Senate. Mr. KERR. And I present the name of Amos Layman. Mr. NEAL moved that four tellers be appointed to collect and count the ballots. The motion was agreed to; and Mr. NEAL, Mr. CUNNINGHAM, Mr. BABER and Mr. Cook were appointed. The Convention then proceeded to ballot for Secretary, with the following result, as announced by the tellers. First Ballot. And that a majority of the votes of the members elect Charles B. Flood be necessary to a choice. Mr. HOADLY. I accept the amendment. The resolution as modified was then adopted. Mr. CUNNINGHAM. I present the name of Charles B. Flood, of Franklin county, for Secre Frank Browning 101 53 28 26 17 13 6 7 3 1 103 Charles B. Flood Amos Layman 53 Second Ballot. 103 53 45 35 23 Upon the announcement of the result of this ballot, Mr. LAYTON said: We have worked pretty faithfully now until nearly six o'clock. I, 56 therefore, move that the Convention adjourn 40 until to-morrow morning at 10 o'clock. 2 1 Mr. CUNNINGHAM. I understand that a 1 meeting of the bar of this city has been called to-morrow morning, for the purpose of taking suitable action in reference to the death of the late CHIEF JUSTICE CHASE. I would suggest that this Convention adjourn over to twelve o'clock, so as to enable members who may desire to do so to have an opportunity to attend that meeting. The PRESIDENT. DUDLEY W. RHODES having received the ballots of a majority of all the members elected to this Convention, I declare him duly elected Secretary of this Convention. D. W. RHODES then presented himself and was sworn in by Mr. WILLIAMS, Auditor of Mr. ROOT. We can meet here at the usual State. hour, transact some business and then take a Mr. VORIS, [Secretary pro tempore.] In re-recess long enough to enable members to attend tiring from this desk, I wish to say that al- and participate in the meeting of the bar if they though Mr. HILL, who has been acting as assist- desire. ant secretary, has not made himself heard quite as much as I have, yet he is entitled to a great Ι deal more consideration at your hands. He has done at least as much hard work as I have, and has relieved you from innumerable difficulties that you would have been involved in, if he had not been called here. I desire to make this statement in his behalf. ELECTION OF SERGEANT-AT-ARMS. The question was then taken on the motion to adjourn, and upon a division, ayes 39, noes 56, it was not agreed to. The Convention then proceeded to ballot again for Sergeant-at-arms, with the following result: Third Ballot. Total number of ballots cast... Mr. PHELLIS offered the following resolu- N. K. Brown tion, which was adopted: Resolved, That this Convention now proceed to the elcction by ballot of a Sergeant-at-arms; and that a majority of the votes of all the delegates elected to this Convention shall be necessary for an election. Mr. HOADLY. I nominate James B. Wilbur, of Cuyahoga county, the efficient assistant sergeant-at-arms of the senate for the past two winters, for sergeant-at-arms of this Convention. Mr. POND nominated William T. Bascom, of Mr. FORAN nominated H. Cushman. The PRESIDENT appointed Mr. HUNT, Mr. The Convention then proceeded to ballot for Sergeant-at-arms, with the following result, as announced by the tellers: 102 53 57 36 9 The PRESIDENT. J. B. WILBUR having received the ballots of a majority of all the members elected to this Convention, I declare him duly elected Sergeant-at-arms of this Convention. Mr. WILBUR then presented himself and was sworn by Mr. Williams,Auditor of State. COMMITTEE ON RULES. Mr. HITCHCOCK. I have been requested by a number of gentlemen to renew the resolution I offered and withdrew some time ago. I, therefore, submit the following: Resolved, That there be appointed a committee of thirteen to report rules and order of business of the Con vention. The resolution was adopted. MESSENGER BOYS. Mr. O'CONNOR submitted the following: Resolved, That the President be authorized to appoint three messenger boys. Mr. BURNS. I move to amend so as to make the number five instead of three. Mr. O'CONNOR. I accept the amendment. The resolution as modified was then adopted. Mr. BEER. I move that the Convention now 42 adjourn until to-morrow morning at 10 o'clock. 31 The motion was agreed to; and accordingly 24 (at 5 o'clock and 50 minutes p. m.) the Conven1 tion adjourned. ROOT, BABER, VORIS, GRISWOLD, ETC. SECOND DAY. The Convention met at 10 o'clock, a. m. pursuant to adjournment, the PRESIDENT in the chair. [WEDNESDAY, COLUMBUS, Wednesday, May 14, 1873. that the Convention take a recess till 2 o'clock this afternoon, for the purpose of giving members who desire it the opportunity of participaMr. ROOT. I move that the reading of the ting in the contemplated action of the bar of journal of yesterday be dispensed with till this this city in the meeting to be held by them to afternoon. I suppose we will soon take a recess, express their sentiments, and those of the peoin order to enable members to attend the meet-ple of Ohio, in reference to the late national ing of the bar in respect to the death of the late bereavement, the death of the Chief Justice of Chief Justice, and the journal can be read this the United States. I, therefore, move that the afternoon just as well as now. Convention now take a recess until 2 o'clock The motion was agreed to. this afternoon. COMMITTEE ON RULES, ETC. Mr. BABER. I rise to move a reconsideration of the vote by which the Convention on yesterday adopted the resolution of the gentleman from Geauga, [Mr. HITCHCOCK] authorizing the appointment of a committee of thirteen. If the motion to reconsider shall be carried, I propose to offer a substitute for that resolution, which I believe that gentleman will accept. The resolution was understood by many of us on this side to be for a committee to prepare and report rules for the government of this Convention, and we voted for it yesterday with the understanding that it was for that purpose only. I understand now that the committee is expected to report not only upon the subject of rules, but also upon the number and character of our standing committees. By reference to the proceedings of the Convention of 1850, I find that they had a committee of thirteen on rules, and another committee of one member from each Congressional district upon the subject of standing committees. After consideration and consultation, I think the vote of yesterday should be reconsidered, and the committee increased to twenty members, and especially instructed to report upon the subject of standing committees, which is not strictly covered by the resolution we have adopted. The substitute which I propose to offer is as follows: Resolved, That a committee of twenty members be appointed to designate the necessary standing committees, and to report rules and order of business for the Convention. At the suggestion of members I will move that my motion to reconsider be laid upon the table for the present. The motion to lay on the table was agreed to. Mr. VORIS. I think this whole matter can be very easily disposed of by an independent resolution. The suggestion made by the gentleman from Franklin [Mr. BABER] is certainly a very business-like one. I think I can present a proposition that will obviate the necessity of the reconsideration he proposes. Mr. ROOT. Let the matter be acted upon when the motion to reconsider is taken up. Mr. VORIS. I desire to obviate the necessity of taking it up. Mr. BABER. We can dispose of the matter when we meet again. I think we had better take a recess now. IN MEMORY OF CHIEF JUSTICE CHASE. Mr. ROOT. I suppose we had a sufficient expression of opinion yesterday to make it unnecessary for me to do more now than to move Mr. HITCHCOCK. I suggest that an anmeeting of the bar is to be held. nouncement be made of the place where the this hall be tendered for the meeting. It is much Mr. WEST. I would suggest that the use of more convenient for the members and others to meet here. of meeting here, and they can avail themselves Mr. ROOT. We can give them the privilege of it if they choose. a recess so as to tender to the members of the Mr. WEST. I move to amend the motion for bar the use of this hall for their meeting. Mr. ROOT. I accept the amendment. The motion as modified was then agreed to; and accordingly (at 10 o'clock and 10 minutes a. m.) the Convention took a recess till two o'clock p. m. AFTERNOON SESSION. The Convention re-assembled at two o'clock P. m. The journal of yesterday was read, corrected and approved. MODE OF REVISING THE CONSTITUTION. Mr. VORIS submitted the following resolution: Resolved, That a committee consisting of one from each Congressional district be appointed by the President, whose duty it shall be to consider and promptly report the best practicable mode of proceeding to revise, alter or amend the Constitution; and if this subject matter be within the meaning of the resolution of Mr. HITCHCOCK on rules and regulations, that the same be withdrawn from said committee. Mr. GRISWOLD. I suggest to the gentleman from Summit [Mr. VORIS] to modify his resolution by substituting the words "twenty members" for the words "one from each Congressional district." I think it would be unwise to confine the Chair to particular localities in his selection of members for such a committee as the one proposed. Mr. VORIS. I have no objection to that modification of my resolution. I would like to explain briefly my reason for offering this resolution. The committee authorized by the resolution of the gentleman from Geauga [Mr. HITCHCOCK] on yesterday, was designed to not only report a code of rules and regulations for the government of this body, but also I think to consider an essential portion of the subject embraced by my resolution. Now it strikes me that that would involve an amount of labor that ought not to be imposed upon that committee. The devising a practicable mode of revising, altering or amending the Constitution of this State must necessarily involve to a considerable extent an examination of that instrument in de- VORIS.] The Convention will recollect that tail. The subject of devising rules and regulations for the government of this body is a matter entirely separate and distinct from that. Now I concede that the committee of thirteen might perform all this labor. But two committees, constructed upon the basis of these two resolutions, could be acting concurrently and thus expedite the accomplishment of the object desired; while one committee was acting upon one subject, the other committee could be considering the other at the same time. I can see no possible objection to adopting the resolution I have offered, as it does not in any way conflict with the other; it simply takes from that committee the subject matter contemplated, if it is now before them, and gives it to another committee. Mr. ROOT. I suppose that every member here, who has had any experience in legislative bodies will easily understand that the mere matter of providing rules is ordinarily a very slight affair. I could name three members of this Convention who I think could take up that subject and dispose of it satisfactorily in three hours. We have in this State a sort of system of rules, and the work of this body being of a limited character, a great many of the ordinary rules could be wholly dispensed with, and those really needed could be readily selected from the rules for the government of the Senate and House of Representatives of this State, or the two Houses of the Congress of the United States. Now the designation of such committees as may be needed for the transaction of the business of this Convention would undoubtedly fall within the scope of the resolution of the gentleman from Geauga [Mr. HITCHCOCK.] And it will be for the Convention to determine to what committees, respectively, should be referred the many propositions that will be presented here for consideration. That matter of appropriate reference can be determined at any time. this morning I made a motion to reconsider the In regard to the question immediately before the Convention, I cannot support the resolution of the gentleman from Summit [Mr. VORIS.] I do not believe there ought to be a committee appointed to draw up a plan for revising or amending the Constitution of this State. If the Convention thought proper, I would be willing to vote an independent committee to designate what number of standing committees shall be appointed by the Chair. Allow me to call the attention of members to the resolution adopted by the last Convention: To detail a number of members of this body to lay out a plan for all our future action here, Resolved: That a committee of twenty-one be appointed would be the imposition upon them of a very to report a method for conducting the business and delibgreat labor, and of a very useless one. I haz-erations of the Convention, and to designate the necessary ard nothing in saying that three hours after the standing committees. report of such a committee should be taken up for consideration in committee of the whole it would be completely upset, and so changed that its own mother or father would not know it. [Laughter.] Now if you want to make the committee on rules and order of business, which you have already ordered, larger than thirteen, I have not the slightest objection. It should not be so large as to be unwieldy, but it should be sufficiently large to make it a fair representative of this Convention. But my objection to the resolution of the gentleman from Summit [Mr. VORIS] is that it contemplates a committee to do something less than the entire work of this Convention, but a great deal more than can be conveniently and properly confided to any com mittee. Mr. BABER. I concur in a great deal that has been said by the gentleman from Erie [Mr. ROOT.] I do not like the scope and form of the resolution of the gentleman from Summit [Mr. That was on May 7, 1850. On the same day the Convention had adopted the following resolution: Resolved: That a committee of thirteen members be appointed by the chair, whose duty shall be to report rules for the government of the proceedings of this Convention. On the next day those two separate and distinct committees, the one of thirteen members and the other of twenty-one members, were announced by the chair. As the question is now before us in its present shape, and as I cannot now call up the motion to reconsider, I will, for the purpose of bringing directly before the Convention the question whether we shall have a separate and independent committee to designate the standing committees, offer the following substitute: Resolved, That a committee of twenty be appointed to designate the necessary standing committees for the Convention. MR. VORIS. A single word. My resolution |