Mr. GowEN. No, I asked what harm is there in permitting a railroad company to guarantee the bonds of a manufacturing company. That is all I asked. There is a great deal in this section which is not permitted by law now. All I ask is this: That the bonds of a manufacturing company, proposing to engage in business along the line of a railroad, may be guaranteed by that railroad without any limit as to the amount of bonds created; but, if you please, with a limit as to that amount when compared with the value of the property-for, where would my friend from Allegheny make the distinction of one-third? Let us see. Suppose a manufacturing corporation has property worth half a million of dollars. It makes a mortgage for two millions; and my friend would permit a railroad company to guarantee $660,000 of those bonds; and yet in the case of a manufacturing company whose property is worth one million, all paid for, and that only wants to borrow $10,000, the railroad company could only guarantee $3,000 of it. Why is that? I have been told privately, by a gentleman here, that if I had not made an argument against this section, the section would have been voted down. We all remember that when Captain Dugald Dalgetty, who was a very strict Protestant, was in service in the low countries where everybody attended mass, his conscience was sorely troubled about the propriety of his attending mass, and he consulted a clerical advisor, the reverend Father Fatsides, who, after spending three or four hours over a gallon of brandy with him, delivered this as his opinion: "My dear sir; you can safely go to mass, although you are a Protestant; for as the question of your eternal perdition is already sealed, signed and delivered, it makes no difference what you do as long as you remain on the earth." [Laughter.] My friend, the gentleman from Allegheny, (Mr. Howard,) with that suavity of manner which is characteristic of all his efforts, in reply to something I said, said to us: "We certainly expect some gentleman to oppose this; that is expected; they are gone forever; their only hope is that somebody will intercede for them after they are past this life; but on this earth we pay no attention to them." [Laughter.] Now, with reference to this section, it vests a power in the railroad companies which the wildest advocate of railroad It per management has never asked. mits a railroad company in this State to own one-third of every bank along the line of its road; it permits a railroad company to own one-third of every manufacturing establishment along the line of its road. That is not right. The committee has gone too far. Strike the whole of it out, and permit the railroad company, to an extent which is to be limited, not by the issue of the mortgage, but by the value of the property, to endorse the bonds of a manufacturing company, and then prohibit that railroad company from ever engaging in that manufacture, if you please, and that accomplishes all that is necessary. That is all I ask for. Mr. BUCKALEW. Mr. Chairman: The amendments submitted some time since by the member from Centre, (Mr. M'Allister,) I understand, contain the views of the minority of this committee. They have never yet taken a printed form. Before we resume the consideration of this subject hereafter, I understand many members will desire to see them in print. I hope that the committee will rise, and that, before the adjournment, an order will be made that those amendments be printed. There is also another question. A number of gentlemen seem anxious that some action should be taken in regard to our further progress on this report. In order to give an opportunity for these things, I now move that the committee rise, report progross and ask leave to sit again. The motion was agreed to, and the President having resumed the chair, the Chairman (Mr. Broomall) reported that the committee of the whole had had under consideration the article reported by the Committee on Railroads and Canals, and had directed him to report progress and ask leave to sit again. Leave was granted to the committee to sit again. The PRESIDENT. At what time? ["Tomorrow." "This day week."] Mr. ARMSTRONG. 1 desire the attention of the Convention for a moment. I have abstained from any discussion on the questions which are up, because I feel The PRESIDENT. One moment, if the gentleman pleases. Shall the gentleman from Lycoming (Mr. Armstrong) have leave to make some remaks at this time? Leave was granted. The PRESIDENT. proceed. The gentleman will Mr. ARMSTRONG. I was about to say that I have abstained from discussing these questions, because I feel so confident there are many gentlemen in this Convention who are far better versed in this whole subject than I can pretend to be, that I am conscious I could not address the Convention to any edification; but it has been developed, in the progress of this debate, that the views of the majority and minority of this committee are widely divergent. Other propositions have been made which have not been printed. has also been suggested by members of the committee that they lacked information, from the fact that there were no persons upon the committee who were conversant with the practical operation of railroads. It In view of all these facts, and after consultation with some gentlemen interested in this question, on both sides of it, I propose to move that four additional members of the Committee on Railroads be appointed, with the understanding that they represent the railroad interest, and that this report be re-committed to the Railroad Committee, the purpose being that with a full understanding, and after consultation with railroad men, they shall be able to report to this body a welldevised and well-considered scheme, which shall embrace the entire subject. I move, therefore, that four members be added to the Railroad Committee, and that the report be re-committed. The PRESIDENT. The motion is not in order at this time. The House have granted the committee of the whole leave to sit again, and it will be necessary to re-consider that vote. Mr. ARMSTRONG. I did not understand that the vote had been taken. If it has, I will move a re-consideration. The PRESIDENT. It is moved to re-consider the vote by which the committee of the whole was granted leave to sit again. Mr. COCHRAN. Did the gentleman vote for the motion? Mr. ARMSTRONG. I made the motion. Mr. STANTON. I will make the motion; I voted to grant leave. supposed that he was going to move a more distant day. The question is on the ro-consideration of the vote by which the committee was granted leave to sit again. The motion to re-consider was agreed to, there being, on a division, ayes fortysix, noes twenty-nine. The PRESIDENT. The question now is on giving the committee leave to sit again. Mr. ARMSTRONG. Now, I move, if it be in order The PRESIDENT. No, sir; it is not in order. The question is on giving the committee leave to sit again. The question being put, a division was called for, and there were ayes thirtytwo Mr. NEWLIN. I call for the yeas and nays. Mr. COLLINS. I second the call. The yeas and nays were ordered. Mr. HUNSICKER. I rise to ask a parliamentary question, and that is whether, if this committee is refused leave to sit again, the article will not be reported at once to the Convention without amendment? That will be the effect of it. The PRESIDENT. Of course. Mr. ARMSTRONG. That would be the effect if the motion which is intended to follow does not prevail; that it shall be re-committed to the Railroad Committee, increased in the manner which has been indicated. That is the purpose of it. The PRESIDENT. Debate is not in order after the yeas and nays have actually been ordered. At the same time gentlemen are entitled to know what will be the effect of their vote. The committee of the whole is in charge of the report, which is on second reading. If it be taken from the committee of the whole and referred to a standing committee, it can be modified in any way. The Clerk will call the roll. The question being taken by yeas and nays, resulted: Yeas, forty-four; nays, thirty-nine, as follow: YEAS. Messrs. Baer, Baily, (Perry,) Biddle, Boyd, Campbell, Carter, Cochran, Collins, Mr. BOYD. And I second it. I voted Craig, Curry, Curtin, Darlington, Davis, for it. Mr. ARMSTRONG. I think the President was in error in saying that the vote had been taken. The PRESIDENT. So far from the Chair being in error, a day had been named for the committee of the whole sitting again; and when the gentleman rose, the Chair De France, Ellis, Ewing, Finney, Gilpin, Gowen, Guthrie, Hall, Hanna, Harvey, Hay, Heverin, Horton, Howard, Hunsicker, Landis, Lilly, MacConnell, MacVeagh, M'Culloch, Mann, Mott, Newlin, Palmer, G. W., Patterson, D. W., Patterson, T. H. B., Reynolds, Ross, Smith, Henry W., Struthers and Walker. NAYS. Messrs. Addicks, Alricks, Armstrong, Bigler, Brown, Buckalew, Cassidy, Corbett, Cronmiller, Cuyler, Dodd, Edwards, Fulton, Gibson, Hemphill, Kaine, Lawrence, M'Allister, M'Murray, Mantor, Metzger, Minor, Niles, Palmer, H. W., Parsons, Purviance, John N., Purviance, Samuel A., Rooke, Runk, Russell, Smith, H. G., Smith, Wm. H., Stanton, Wetherill, J. M., Wetherill, Jno. Price, White, David N., Whito, J. W. F., Woodward and Meredith, President. So the motion was agreed to, and the committe of the whole was granted leave to sit again. ABSENT.-Messrs. Achenbach, Ainey, Andrews, Bailey, (Huntingdon,) Baker, Bannan, Barclay, Bardsley, Bartholomew, Beebe, Black, Charles A., Black, J. S., Bowman, Brodhead, Broomall, Carey, Church, Clark, Corson, Dallas, Dunning, Elliott, Fell, Funck, Green, Hazzard, Knight, Lamberton, Lear, Ltttleton, Long, M'Camant, M'Clean, Mitchell, Patton, Porter, Pughe, Purman, Read, John R., Reed, Andrew, Sharpe, Simpson, Stewart, Temple, Turrell, Van Reed, Wherry, White, Harry, Worrell and Wright-50. The PRESIDENT. At what time shall the committee have leave? [Several members. "To-morrow."] Mr. MACVEAGH. I suggest to-morrow The PRESIDENT. It is not debatable unless unanimous consent is given. Mr. MACVEAGH. It does not affect me, but other gentlemen who cannot be here. The PRESIDENT. Shall the gentleman have leave to make a statement? Leave was granted. Mr. MACVEAGH. I only wish to say that it did not concern myself, but there are members of the Judiciary Committee whose views, I am very sure, without naming them, this Convention would be very glad to hear in the discussion of that article, and I think they are so situated, from what I learn, that it is almost impossible for them to be here. I know it is not the inclination of the Convention to regard the personal wishes of gentlemen, and certainly I should not ask it for myself; I know I would not have a right to do it, but I think the Convention would do wisely to take up the report of the Judiciary Committee to-morrow. ["No!" "No!"] The PRESIDENT. To-morrow is named, and to-morrow week is also named. The question will be on the longest time. To-morrow week was not agreed to, there being, on a division, ayes thirtynine, noes forty-one. The PRESIDENT. No other day being named than to-morrow, the committee will have leave to sit to-morrow. Mr. HANNA. I move that the Conven week. The PRESIDENT. To-morrow and to- tion do now adjourn. morrow week are named. Mr. MACVEAGH. I would ask unanimous consent to say one word. ["No!" "No!"1 The motion was agreed to, and at five o'clock and fifty-eight minutes P. M. the Convention adjourned until, to-morrow morning at ten o'clock. EIGHTY-THIRD DAY. TUESDAY, April 22, 1873. The Convention met at ten o'clock A. M., Hon. William M. Meredith, President, in the chair. Prayer was offered by the Rev. J. W. Curry. Mr. KNIGHT also presented the following memorial, which was read: To the members of the Pennsylvania Constitutional Convention: RESPECTED FRIENDS:-The Pennsylvania society for promoting the abolition of The Journal of yesterday's proceedings slavery; for the relief of free negroes unlawwas read and approved. PETITIONS AND MEMORIALS. Mr. BOYD presented the petition of two hundred and fifty citizens of Philadelphia, asking to have incorporated in the Constitution a clause that all contested election cases shall be tried and decided by the courts of the county in which such cases may arise,, which was laid on the table. Mr. KNIGHT presented the following memorial, which was read and refered to the Committee on the Declaration of Rights. fully held in bondage, and for improving the condition of the African race, feeling that with the abolition of chattel slavery, and the admission of the colored man to the right of the ballot, all has not yet been accomplished that justice and the laws of a common humanity require; and feeling, too, that this society would not be fulfilling its duty were it not to bring to your notice certain natural and inalienable rights that are still withheld from our colored citizens, and which the following amendments to the Constitution, we think, would secure and make our Constitution To the Pennsylvania Constitutional Con- more thoroughly republican in form and vention: RESPECTED FRIENDS:- At a recent meeting of the executive committee of the Pennsylvania Peace society, it was resolved that in case the Bill of Rights should be opened for amendment, you are hereby memorialized to alter, amend or expunge section twenty-one, viz: "That the right of the citizens to bear arms in defence of themselves ard the State shall not be questioned." There is obviously so much insecurity, riot, bloodshed and death caused by recognizing this declaration as a right; men, and even boys in school and on the street, carrying concealed deadly weapons, thereby continually disturbing the peace, that this society respectfully asks the repeal of the section. On behalf of the society. LUCRETIA MOTT, President. ALFRED H. LOVE, Vice President. spirit: ARTICLE I. SECTION 25. Amend by inserting after first clause or period: "And no corporathe word "corporators," at the end of the tion shall be established within this Comnmowealth which shall make any discrimination in the exercise of its public provisions or franchises against any citizens of the United States, on account of race or color." Add as a new section to article one: SECTION 27. No public hotel or tavern, and no place of public amusement which, by the laws of this Commonwealth, is required to be licensed, shall exclude or debar any person from the fullest privileges and enjoyment of its entertainments by reason of race or color. ARTICLE III. SECTION 1. Strike out the words "white freemen," in the first line, and insert "citizen." HENRY T. CHILD, M. D., LYDIA A. SCHOFIELD, Secretaries. PHILADELPHIA, April 2, 1873. ARTICLE VII. SECTION 1. Insert after the word "gratis," so as to read as follows: "The Legislature shall, as soon as conveniently may be, provide by law for the establishment of schools throughout the State, in such manner that the poor may be taught gratis, but no person shall be excluded from any benefit or advantage of such schools on account of race or color, nor shall any person, by reason of race or color, be debarred from attending upon public school, supported by taxation, and opened to the instruction of any portion of the inhabitants of this Commonwealth. DILLWYN PARRISH, Messrs. Achenbach, Ainey, Baer, Boyd, Brown, Buckalew, Carter, Corbett, Craig, Darlington, Dodd, Edwards, Gilpin, Guthrie, Hay, Howard, Lawrence, MacConnell, M'Allister, M'Culloch, M'Murray, Mann, Mantor, Minor, Patterson, T. H. B., Porter, Purviance, Jno. N., Purviance, Samuel A., Reynolds, Russell, Smith, H. G., Smith, William H., Struthers, Turrell, Walker, White, David N., White, Harry and Wright-38. NAYS. Messrs. Addicks, Armstrong, Baker, Bowman, Broomall, Cassidy, Collins, Cronmiller, Curry, Curtin, Dallas, Davis, De France, Dunning, Ellis, Ewing, Gibson, Gowen,Green, Hall, Hanna, Harvey, Hem hill, Heverin, Horton, Hunsicker, Kaine, Knight, Lamberton, Landis, Lear, Lilly, MacVeagh, Metzger, Mott, Newlin, Niles, Palmer, G. W., Palmer, H. W., Parsons, Patterson, D. W., Reed, Andrew, Rooke, Ross, Runk, Smith, Henry W., Stanton, Temple, Wetherill, J. M., Wetherill, Jno. Price, Wherry, White, J. W. F., Woodward, Worrell and Meredith, President-55. So the question was determined in the negative, and the Convention refused to have the resolution read a second time. ABSENT.-Messrs. Alricks, Andrews, Baily, (Perry,) Bailey, (Huntingdon,) Bannan, Barclay, Bardsley, Bartholomew, Beebe, Biddle, Bigler, Black, Chas. A. Black, J. S., Brodhead, Campbell, Carey, Church, Clark, Cochran, Corson, Cuyler, Elliott, Fell, Finney, Fulton, Funck, Hazzard, Littleton, Long, M'Camant, MClean, Mitchell, Patton, Pughe, Purman, Read, Jno. R., Sharpe, Simpson, Stewart and Van Reed-40. |