OFFICIAL REPORT
PROCEEDINGS AND DEBATES
CONVENTION
ASSEMBLED AT FRANKFORT, ON THE EIGHTH DAY OF SEPTEMBER, 1890, TO ADOPT, AMEND OR CHANGE THE
CONSTITUTION
-OF THE—
STATE OF KENTUCKY.
FRANKFORT, KY.:
E. Polk Johnson, Printer to the Convention. 1890.OFFICERS OF THE CONVENTION.
PRESIDENT,
CASSIUS M. CLAY, JR., Bourbon County.
SECRETARIES,
THOMAS G. POORE, Secretary, Hickman County. JAMES B. MARTIN, Assistant Secretary, Barren County. JAMES E. STONE, Reading Clerk, Breckinridge County.
REPORTER,
CLARENCE E. WALKER, City of Louisville
SERGEANT-AT-ARMS,
ROBERT TYLER, Bullitt County.
JANITOR.
TODD HALL, Clark County.
DOOR-KEEPER,
RICHARD T. HALEY, City of Louisville.OFFICIAL REPORT
OF THE
PROCEEDINGS AND DEBATES
IN THE
CONVENTION.
Monday,]
Act Calling Convention.
[September 8.
The Delegates elected to the Convention to re-adopt, amend or change the Con­stitution of this State, assembled in the House of Representatives, at the City of Frankfort, in the Capital of the State, this day, under and by virtue of the provisions of “An act to call a Convention,” approved 3d day of May, 1890, in the following words and figures:
An Act to call a Convention to adopt, amend or change the Constitution of the State of Kentucky.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:,
Sec. 1. That a Convention be, and the same is hereby, called for the purpose of re-adopting, amending or changing the Constitution of this State, to be held in the City of Frankfort, the Capital of the State, commencing on the second Monday in September, one thousand eight hundred and ninety, and continuing from day to day till the business thereof be completed, with power to adjourn and re-assemble at such times as it may deem proper. Said Convention shall consist of as many mem­bers as there are of the House of Repre­sentatives, and no more, who shall have the qualifications of an elector for Repre­sentative. Said members shall be appor­tioned among the several counties of the State in the same manner and proportion that Representatives now are by the law as it now exists.
Sec. 2. That it shall be the duty of the sheriff and other returning officers, at the election to be held on the first Monday in August, one thousand eight hundred and ninety, to open a poll at their several place
of voting for Delegate to said Convention, and all citizens entitled to vote for Repre­sentative shall have the right to vote for Delegate.
' Sec. 3. - That the sheriffs, judges and clerks of the county courts of the several counties shall, upon comparison and count of the votes, within ten days after the election of Delegates to said Convention, deliver to each person, who shall have been elected a delegate, a certificate of his election as such, and they shall, within twenty days after said election, transmit a copy thereof to the Secretary of State, which certificate shall be in the following form, namely: Be it known to all whom
these presents shall come, that we,---------
sheriff, and —-------, judge of the county
court, and ---------, clerk of the county
court of --------- county, by an election
held on the first Monday in August, one thousand eight hundred and ninety, by the electors of said county, qualified ac­cording to law, caused to be chosen----------
for said county, to represent the same in the Convention to be held in the city of Frankfort on the second Monday in Sep­tember, one thousand eight hundred and ninety, for the purpose of readopting, amending or changing the Constitution of this State. Given under our hands this
--------- day of---------, one thousand eight
hundred and ninety. Provided, that in case of the resignation, inability to serve, or death of any member who may be elected a Delegate to said Convention, the Governor shall, upon information, issue a writ of election to the sheriff of the county where said vacancy may occur, directing and authorizing him to hold an election in ten days after the receipt of said writ, to fill any vacancy so occurring.
Sec. 4. The Convention,when assembled4 ORGANIZATION.
Monday,] Act Calling Convention.
after taking the oath of office as prescribed by the Constitution, shall elect one of their members President, and may elect a Secre­tary, Assistant, Printer, Stenographer and Assistants, and such other officers and em­ployes as they may deem necessary and proper. The Delegates shall receive as compensation the same allowance per diem and mileage as is now allowed by law to members of the House of Representatives, but shall not he paid for any recess longer than five days at one time. The Presi­dent, officers and employes, shall roceive as compensation such as may he fixed by said Convention. The compensation to the Delegates, President, officers, and so forth, shall be paid by the Auditor and Treasurer in the same manner as now provided by law concerning the pay of members, officers and so forth, of the House of Representa­tives,
Sec, 5. That the sheriff and other officers of the election shall be liable to all such fines and penalties for failing to discharge the several duties imposed by. this act as are now imposed upon them bylaw for a failure to perform their duty in conducting other general elections, and all persons who shall he found guilty of casting illegal votes fox Delegates shall he liable, upon conviction, to all the fines and penalties now provided by law for illegal voting.
Sec. 6, That when two or more counties vote together in the election of a Delegate, the sheriffs of said counties, after the votes of each county shall have been compared and counted, in the manner and by 'the officers hereinbefore provided for, shall meet at the court-house of the county polling the largest number of votes, within ten days after said comparison and count­ing in each county, and said sheriffs shall then compare the returns from 'said coun­ties, and shall jointly give the certificate hereinbefore described to the Delegate elected.
Sec. 7. The said sheriffs, county judges and county clerks shall be governed by the said laws now in force regarding the com­parison of the polls for Representative.
Sec. 8. The said Convention, when as- •sembled, shall have authority to cause to he printed, at the cost of the State, all =such of its debates and proceedings as it ,may deem proper; and it shall be the duty •of the State Librarian to furnish a hall for tthe meeting of said Convention, and all •such committee rooms as the business of the Convention may require; and each •member of said Convention shall he al­lowed the sum of twenty-five dollars for
[September 8.
stationery, to be paid as herein provided for as to other allowances for them.
Sec. 9. In case the right to a seat in said Convention by any Delegate who holds a certificate of election is contested, said Convention shall decide such contest, and testimony shall be taken in the same man­ner, and the, same proceedings had, as in case of a contest as to the seat of a Repre­sentative ; and in case of a tie, the Gov­ernor shall issue a writ of election, as pro­vided for herein in case of a vacancy.
Sec. 10. That before any Constitution, agreed upon by said Convention shall take effect or become operative, the same shall be submitted to the qualified voters of this Commonwealth, after at least ninety days’ notice, and ratified by a majority of those voting.
Sec. 11. This act shall take effect from and after its passage.
Harvey Myers, Speaker House of Representatives.
James W. Bryan.
Speaker of Senate.
Approved May 3, 1890.
S. B. Buckner.
By the Governor:
Geo. M. Adams,
Secretary of State. -
By Willis L. Ringo,
Ass'i Sec’y of State.
Promptly at 12 o’clock, Mr. SIMON B. BUCKNER, Delegate from Hart county, and Governor of the State of Kentucky, took the Speaker’s stand and called the Convention to order in the following words r
Gentlemen of the Convention: The * hour has arrived when, in accordance with the law passed by the people of Kentucky, we are to be called to order for the pur­pose of organizing ourselves into a Con­vention of the people. The law has not' fixed the method of organization, hut as­sumes that we", the Delegates sent here by the people and representing the sover- ereignty of the people of the Common­wealth, can organize in such a manner as we please; and I have been requested by a number of gentlemen to call the meeting to order, and to propose as our temporary Chairman Mr. George Washington, of Campbell county, and as Secretary Mr.
I
ORGANIZATION. 5
Monday,]
Thomas S. Pettit, the Delegate from Da­viess county. It is understood that, as a body of one hundred gentlemen assembled here, we can not, in the preliminary steps, go outside of our own body for our offi­cials. Is it. your -will that those gentlemen shall be appointed to the places for which they have been nominated ?
The Convention thereupon consented to the gentlemen nominated for the respect­ive positions, and, on motion of Mr. EM­ERY WHITAKER, a committee of three was appointed to wait upon the gentlemen nominated and inform them of their selec­tion to the places designated. Said Com­mittee was composed of Messrs. Whitaker, Spalding and McHenry. After a few minutes the Committee returned, and Mr. WHITAKER, Chairman of the Commit­tee, said:
Mr. Chairman: I respectfully report that we have performed the duty as­signed to us, and present now to you, for introduction to the Convention as its tem­porary Chairman, Mr. George Washing­ton, of Campbell county.
Mr. BUCKNER. Gentlemen of the Convention, I have the pleasure of pre­senting, as your temporary Chairman, the Hon. George Washington, of Campbell county, whose name is sufficient to indicate the patriotic purpose which has led to his selection.
Mr. WHITAKER. Mr. Chairman, we also present to you as the temporary Secre­tary, and for introduction to the body, the Hon. Thos. S. Pettit, of Daviess county.
In taking the chair Mr. Washington said:
Gentlemen of the Convention: Eor the honor which you have been pleased to confer upon me, I return you my cordial thanks; for it is an honor, of high degree, to be chosen to preside, even temporarily, over the deliberations of such a body as this. And, I beg leave to assure you, that t is not the less appreciated because un­solicited, and, I fear, undeserved. Eor I
[September 8.
am not unaware that upon this floor are gentlemen of the highest distinction, of abilities unexcelled, of accomplishments the most desirable, of public service the most honorable, and who are, withal, mas­ters of all the mysteries of parliament­ary law and practice. Eor myself, lean' claim none of these. My little taper, as I once took occasion to say, under not dis> similar circumstances, has burned upon a different altar, an altar whose priestess is- proverbially jealous of her votaries, and who tolerates no divided attention. I am able, therefore, to make but one promisei and that is, so far as in me lies, during my brief occupancy of the chair, to so . administer its duties that you shall have no just cause to complain of un­fairness. Eor the rest, I bespeak both for myself and successor, however great his ability, your kindly forbearance and co-operation. With these, I know of no rea­son why we may not move along harmo­niously and efficiently to the accomplish­ment of the great task committed to our hands; one of the greatest, in my judg­ment, which can enlist human endeavor; for it profoundly concerns not only our­selves and that great constituency which sent us here, but our posterity as well. And I can not doubt that I but echo the earnest desire of each and every Delegate on this floor, when I express the hope that, at no stage of these proceedings, even for a moment, we shall be unmindful of the great fact that we are here in response to a summons, or, rather, in obedience to'a man­date of more than imperial dignity; and, to the patriotic ear, of greater authority than ever hedged about an hereditary throne, namely, the majestic voice of agreat people, speaking in their sovereign capacity; a voice, even though inaudible, yet mightier far than the roaring fury of ten thousand Niagaras, and hardly less impressive than a decree of fate. Moved by this spirit, and aided by the blessing of Him without whom we are as naught, I think we may
Buckner—W hitaker.
'6 ORGANIZATION.
Monday,] Buckner—McHenry—Moore—Whitaker—Ramsey. [September 8.
well look forward with intelligent hopeful­ness to the result of our labors. And now, with your pardon for saying more than was, perhaps, needful, we will proceed to .the business before us.
Mr. SPALDING. In order that we may know who are Delegates, I offer a resolution in writing.
The CHAIRMAN. The Delegate from Union will please send up his resolution, and the Secretary will read the same to the Convention.
The resolution was thereupon read, as follows:
‘ Resolved, That the Secretary of State he requested to transmit to this Convention a list of the persons who appear, from the certificates received in his office, to have been elected Delegates to this Convention, and, where any papers have been received by him which disclose a controversy or contest as to the election of any Delegate, that he be requested to transmit also a copy of such certificate of election and all other papers relative thereto, with a statement as to how and when such papers were re­ceived ; and that a Committee of three be appointed by the Chair to inform the Sec­retary of State of the passage of this reso­lution.
The CHAIRMAN thereupon put the said resolution to the house, and declared the same adopted ; and thereupon, ap­pointed as said Committee Messrs. W. H. Mackoy, Thomas H. Hines and Laban T. Moore.
Mr. L. T. MOORE. I believe there is no time mentioned in that resolution as to when this Committee shall report, and I respectfully submit whether this Conven­tion can do anything more until after this report, and whether a motion would not now be in order to adjourn.
The CHAIRMAN. A motion to ad­journ is always in order.
Mr. McHENRY. I don’t presume an Adjournment is necessary. I suppose the Secretary of State has the roll made out Already, and the Committee can call on Him and return with it in a few minutes.
Mr. L. T. MOORE. I understand there is in that resolution beyond what is neces­sary to get from the Secretary of State. There is a contest or question as to the election of some particular member, and we have toget all the papers in regard to that. "Whether those can be returned as promptly as the list, I don’t know.
Mr. McHENRY. All those papers can be brought to us in five minutes. The roll, I presume, is already made out.
Mr. L. T. MOORE. I move now that this Convention adjourn to meet at 3 o’clock.
Mr. BUCKNER. I second that mo­tion.
The CHAIRMAN. -Gentlemen of the Convention, the question is upon the mo­tion of the Delegate from Boyd to adjourn until 3 o’clock this afternoon.. All those in favor signify by saying aye, and the contrary no. A vote being taken, the Chairman declared said motion lost.
Mr. WHITAKER. I move that the Sergeant-at-Arms of the last Senate of Kentucky act as the Sergeant-at-Arms of this body during the organization of this Convention.
The motion was seconded, and the Chair­man, after putting said motion to the House, declared the same to have been car­ried, and Mr. G. "W. Castle, Sergeant-at-^ Arms of the last Senate, proceeded to act as Sergeant-at-Arms of the Convention.
Mr. RAMSEY. I desire to offer the following resolution.
The CHAIRMAN. The gentleman will please send his resolution to the Secretary, who will read the same. •
The Secretary thereupon read said reso­lution, as follows:
Resolved, That the temporary Chairman of this Convention he directed to invite some clergyman to offer prayer, and invoke the divine blessing upon this Conven­tion.
This was seconded, and upon being put by the President, was declared to have beenORGANIZATION. 7
Monday,] Mackoy— McHenry—Buckner. [September 8.
carried, and the Chairman thereupon in­vited the Rev. J. M. Lewis, of Scott county, to officiate, who offered up the following prayer:
Almighty God, our Heavenly Father, we adore Thee as the source of all wisdom and of all goodness, and as these representa­tives of the people are assembled here for the purpose of forming the organic law which shall govern this Commonwealth, we come to Thee and ask Thee that Thou wouldst endow them with a competency of divine wisdom that they may be able to de­vise such enactments as shall best redound to Thy name and the glory and good of the people and the honor of the Com­monwealth. We pray Thee that Thou wouldst divest their minds of all sectional and all personal views and desires, and that they may have in view the greatest good to the greatest number, and that in all they may do they may ever beep in view the grave fact that their acts are not only now to tell on the destiny and happiness of the people of this Commonwealth, but that their far reaching influence may be such as to deter­mine the destiny and happiness of the peo­ple of this Commonwealth for generations to come. And grant, O Lord, that they may be rightly guided by Thy holy spirit and divine wisdom ; and grant unto them such clear and perfect views of that, which is right and just and true, as between God and man and man and man, that all that they may do may be upon them to bless them and redound to the great good of our general Commonwealth, as well as our own beloved State. Bor this blessing we ask Thee, not for any merit in us, but alone for the sake of Him who is the great Law-Giver of the universe, and grant that His spirit may be infused into all their enactments, that it may be a blessing to this entire peo­ple and the entire country, and unto Thy name shall be the praise and the glory, for­ever and ever. Amen.
Mr. MACKOY, Chairman of the Com­mittee
appointed to wait upon the Secretary of State to procure the list of the Dele­gates, &c., said: ’
Mr. Chairman: The Committee appoint­ed to wait on the Secretary of State and obtain from him the list of Delegates, re­port that they have discharged their duty, and herewith return to this body said list with some accompanying papers.
The CHAIRMAN. What is now the will of the Convention ?
Mr. McHENRY. I move that the roll be called as returned to see if we have a quorum.
Mr. BUCKNER. I second that mo­tion.
The CHAIRMAN. The Secretary will please call the roll.
The Secretary thereupon called the roll of Delegates, and the following named Delegates responded to their names:
Adair—J. B. Montgomery.
Allen—W. J. McElroy.
Anderson—Thomas H. Hanks.
Ballard and Carlisle—W. J. Edrington.
Barren—S. H. Boles.
Bath and Rowan—L. P. V. Williams.
Boone—L. W. Lassing.
Bourbon—C. M. Clay, Jr.
Boyd and Lawrence—Laban T Moore.
Boyle—R. P. Jacobs.
Bracken—W. W. Field.
Breathitt, Morgan and Magoffin—J. E Quicksall.
Breckinridge—Will Miller.
Bullitt and Spencer—Frank P. Straus
Butler and Edmonson—J. M. Forgy.
Caldwell—C. T. Allen.
Calloway—W. W. Ayres.
Campbell—George Washington, George Trusdell.
Carroll—H. Cox.
Carter and Elliott—Robert T. Parsons.
Casey and Russell—John L. Phelps.
Christian—J. D. Clardy.
Clark—W. M. Beckner.
Clay, Jackson and Owsley—S. P. Hogg.
Clinton and Cumberland—J. A. Brents.8 ORGANIZATION.
Monday,] WHITAKER— PETTIT— COKE. [September
Covington—William Goebel, W- H. Mackoy.
Crittenden and Livingston—T. J. Nunn Daveiss—Thomas S. Pettit, B. T. Birk- head.
Estill and Lee—J. F. West.
Fayette—P. P. Johnston, Charles J. Bronston,
Fleming—W. J. Hendrick.
Floyd, Letcher and Knott—F. A. Hop­. kins.
Franklin—Thomas H. Hines.
Fulton and Hickman—J. M. Brummal Gallatin—J. S. Brown.
Garrard—Wm. Berkele.
Grant—R. H. O’Hara.
Graves—T. J. Elmore.
Grayson—Charles Durbin.
Green and Taylor—J. M. Wood. Greenup—B. F. Bennett.
Hancock—G. D. Chambers.
Hardin—H. H. Smith.
Harlan, Perry, Bell and Leslie—J. G. Forrester.
Harrison—W. H. Martin.
Hart—S. B. Buckner.
Henderson— H. H. Farmer.
Henry—John D, Carroll.
Hopkins—H. R. Bourland.
Jefferson—Sam. E. English.
Jessamine—J. W. Holloway,
Kenton—Dudley A. Glenn.
Knox and Whitley—Nathan Buchanan Larue—I. W. Twyman.
Laurel and Rockcastle—W. R. Ramsey Lewis—-Sam’l J. Pugh.
Lincoln—W. H. Miller.
Logan—J. Guthrie Coke.
Louisville—First District, Zack Phelps. Second District, M. K. Allen.
Third District, Morris A. Sachs. Fourth District, Bennett H. Young Fifth District, E. J. McDermott.
Sixth District, E. E. Kirwan.
Seventh District, J. T. Funk.
Madison—Curtis F. Burnam.
Marion—J. Proctor Knott.
Marshall and Lyon—Samuel Graham.
Mason—Emery Whitaker.
McCracken—W. G. Bullitt.
McLean—Jep. C. Jonson.
Meade—J. F. Woolfolk.
Mercer—J. H. Moore.
Metcalfe and Monroe—W. Scott Smith.
Montgomery, Powell, Wolfe and Mene- fee—G. B. Swango.
Muhlenberg—A. D. James.
Nelson—J. W. Muir.
Nicholas and Robertson—Hanson Ken­nedy.
Ohio—Henry D. McHenry.
Oldham and Trimble—S. E. DeHaven.
Owen—Joseph Blackwell.
Pendleton—Leslie T. Applegate.
Pike, Martin and Johnson—A. J. Aux- ier.
Pulaski—John S. May.
Scott—J. F. Askew.
Shelby—J. C. Beckham.
Simpson—Geo. C. Harris.
Todd—H. G. Petrie.
Trigg—W. W. Lewis.
Union—I. A. Spalding.
Warren—Robt. Rodes, D. C. Amos.
Washington—J. W. Lewis.
Wayne—J. S. Hines.
Webster—W. F. Doris.
Woodford—James Blackburn.
Mr. WHITAKER. I now suggest that, the oath he administered to the Delegates to support the Constitution of the United States and the Constitution of the State of Kentucky.
The CHAIRMAN. The gentleman will please wait until the result of the roll-call is announced.
Mr. PETTIT. There are present re­sponding to their names one hundred Del­egates.
The CHAIRMAN. We have a quorum.
Mr. WHITAKER. I now renew my motion that the oath be administered to the Delegates of this body to support the Constitution of the United States and the Constitution of the State of Kentucky.
Mr. COKE. I move to amend that byORGANIZATION. 9
Monday,] Beckham— Bullitt—Y oung—W hitaker. [September 8.
inserting in lieu of the words, “ the Consti­tution of Kentucky,” the words “ be faith­ful to the Commonwealth of Kentucky.”
Mr. BECKHAM. I would suggest that the act of the General Assembly, by which we are assembled, provides that we take the oath prescribed by the present Consti­tution. That is the law of the land, in my judgment, until it is set aside by the work of this body. I would suggest, therefore, as an amendment to the motion of the gen­tleman from Mason, that the Chief Justice of the State administer the oath prescribed by the present Constitution for members of the General Assembly.
Mr. BULLITT. I can not understand how it would be proper for us, coming here to do away with the old Constitution, to swear that we will support it. I have drawn in conformity with the resolution that was adopted by the last Convention the exact language in a resolution pre­senting the character of oath we shall take. I offer that as a substitute for the motion of the gentleman from Mason (Mr. Whit­aker) . '
The CHAIRMAN. If I understand that correctly, it comes as a third amendment, and is not, therefore, in order.
Mr. YOUNG. It seems to me that all those motions are out of order, and I rise to a point of order, for this reason, that the law under which this Convention is assem­bled provides a specific oath which the members shall take, and any motion to take any other oath is out of order. If the Chairman will read the call of the Convention by the Legislature, he will find it sets forth the oath we are to take, and we cannot take any other oath.
The CHAIRMAN. The Chair is of the opinion, until otherwise advised, that the point of order is well taken.
Mr, BULLITT. I would like to call the attention of the gentlemen of the Con­vention to one fact. Suppose we take that oath; don’t that compel every man who is conscientious to adjourn this Convention
without doing any thing? We are called here for the purpose of modifying or tak­ing some action in regard to that Consti­tution; if we swear we will support that Constitution, don’t we necessarily swear that we will go home without disturbing that instrument? Here we have the ex­ample of the former Conventions, and the members of no former Convention ever swore that they would support the Consti­tution of the State that they were called on to revise. How can we stand by the Constitution and obliterate or change it? How can we support that Constitution which we have been called here to modify, change or alter? I am not thoroughly acquainted with parliamentary law, and I don’t know how to get at it, but I believe that the conscience of a man is worth something to him; and when we undertake to swear that we will support the Con­stitution, and then come forward and undertake to change it, is it not a violation of that oath? How can it be otherwise ? How can we support that Con­stitution and then change it? "We have the example, as I before remarked, of pre­vious Conventions that have met, and in no instance have they sworn that they would support the Constitution they were called upon to change, alter or amend. I hope we will not be required to take the oath to support the Constitution.
Mr. WHITAKER. If we are here as Delegates to this Constitutional Conven­tion, we are here by thef authority of that law which called us here. If that law is nugatory and of no effect, there is not a man assembled here who is a Delegate to this Convention. The oath prescribed in that law that calls us here must certainly be as high and as binding as the will of its individual members, and we must conform to it; and I would answer the gentleman, when be says that we are destroying the old Constitution by making a new one, and assert that there is not an article of this Constitution to be made by this organ-10 ORGANIZATION.
Monday,]
Beckham—DeHaveh—Straus.
[September 8.
ized body, when it is organized, w hieh will
take tbe place of a single article in the old Constitution until our work is finished and our names subscribed to it, and the people of Kentucky shall say that that is •or is not to be the Constitution. Until that time, there is not a word or a sentence of the old Constitution obliterated or de­stroyed. Suppose this Convention, after ir has done its work to the best of its ability, submits it to the people, and the people at the polls vote it down by a majority, and it becomes a nugatory matter, is not the old Constitution, that has served us tor forty-one years, still the Constitution of Eentucky, and binding upon all the citi­zens and courts of tbe Commonwealth ? Therefore, I conclude and argue that the act of the General Assembly which calls us here, and authorizes us to be here, pre­scribes the manner of our election, and when and where we shall meet; and we are in our meeting here conforming to that law in form and in spirit, and that tbe oath prescribed in that act is the only legal oath that can be administered to the mem­bers of this Convention.
The CHAIBMAH. It occurs to the ■Chair that it can not positively be in con­flict with the Constitution, for the reason that we are here in obedience to the Oon- stitution. We are here for the purpose of framing an instrument simply to be sub­mitted to the people for their inspection and their ratification, and it acquires no vitality until they have finally passed upon it. Therefore, it occurs to me that it can not he improper to take an oath to do what fhe Constitution explicitly enjoins us to do. The oath introduced in the Convention of 1849-50 was prepared in that way because fhe Act itself did not specify any particu­lar kind of oath. Those are the reasons which the Chair takes the liberty of ex­pressing to the Convention.
Mr. BECKHAM. I have put in writ­ing the substitute which I offered to the -motion of the gentleman from Mason.
Will the Secretary please read it.
The resolution was thereupon read as follows:
Resolved, That the Chief Justice of the Court of Appeals be requested to adminis­ter to the members of the Convention, whose names have been called by the Sec­retary, the oath of. office prescribed by the Constitution.
Mr. DeHAVEN. I do not think there is very great materiality in the oath that is administered to the members of this Con­vention, but certainly, as has been sug­gested, we are here as Delegates to this Convention by virtue of that Act of the Legislature. The Constitution itself pro­vides the manner in which it shall be amended, and the Legislative Department of the Government has determined that these prerequisites have been gone through, and we are here now by virtue of the action of the Legislature; and I think, if there is any body of men upon the face of the earth that ought to adhere strictly to the provisions of the law, it is the members of this Convention; and that we ought to take the oath prescribed by that statute and none other.
Mr. BECKHAM. I agree fully with the view expressed by the Honorable Delegate from Oldham. We are here to­day under the law as it now is. We are not here, certainly, above tbe law. We are here by virtue of tbe votes of tbe sov­ereign people of Kentucky in twice call­ing this Convention, and by virtue of their Bepresentatives, in General Assembly con­vened in passing this statute under which we are assembled, and that statute itself provides the oath that we sl^all take. Until that oath is taken, we have not the power of a Legislature at all, as I conceive it, because we are not fully equipped mem­bers of this body. I suggest, therefore, the adoption of the resolution which I had the honor a moment ago to offer.
Mr. STBAUS. I move that the oath he administered to all Delegates except where there is a contest.ORGANIZATION. 11
Monday,] Burnam—Straus— A uxier—Phelps—Hendrick—Miller. [September 8.
The CHAIRMAN, Do you move it as an amendment to the motion?
Mr. STRAUS. I do.
Mr. BURNAM. We were advised by the Clerk of the House that there were a hundred names reported, and I suppose that every man who is now a member of the House stands here Just by virtue of the re­port of the Secretary of State on the returns made to him by the county courts of the re­spective counties. Whatever may be the result hereafter of any contest, I suppose that the oath ought to be administered now to every man who has been so reported. I see no reason why there should be any dis­cussion at this time. I undeistand that there is a controversy over the seat from the county of Washington, and without at all intending to commit myself in any way to any action whatever, I think that, as he has come here, with the indorsement of the county board of his county as reported by the Secretary of State, this proposition should be voted down, and that the oath should be administered to him as to all others alike.
Mr. STRAUS. I think it proper that the Convention should first determine, from the face of the papers returned by the Secretary of State, whether either o‘ the gentlemen from Washington has a prima facie case. If, from the face of the papers, neither one of these gentlemen have a prima facie. case, of course the oath of office ought not to be administered, and, for the purpose of settling that question, I ask that the two certificates returned by the Secretary of State be read, that the . Convention may have information from the face of the papers whether either of these papers constitute a legal certificate.
Mr. AUXIER. I take the position, Mr. Chairman, that in the organization of the House we go alone by the face of the returns, and afterwards, if the contest ■comes up, that question will be determined by a committee and the vote of the House. There can be no contest until somebody is I
sworn in. If somebody is not sworn in, there can be no contest of election, and no question can come up. If neither of those parties is sworn in, there is no contest, and this House has no jurisdiction over it. I shall vote against the measure proposed by the gentleman—I don’t know who he was—to let that question be determined now. That motion, I think, ought to be voted down.
The CHAIRMAN. Is there a second to the motion of the gentleman from Bullitt ?
Mr. JOHN L. PHELPS. Before that motion is acted upon, I will ask that the Secretary read that part of the Act in ref­erence to the oath we should take, and with reference to contested elections.
' The CHAIRMAN. That is ruled out of order for the time being.
Mr. JOHN L. PHELPS. I ask that as a matter of information, and if the House desires the information, 1 think that the House is entitled to hear it before the vote on the motion.
The CHAIRMAN. The Chair has passed on the question. .
Mr. HENDRICK. I think the gen­tleman on my right misunderstood the object of the motion of the gentleman from Bullitt. I understand the gentleman from Bullitt to say, and I understand that to be the rule, that in case these papers presented from the Secretary of State make a prima facie case, if there is really a certificate, that there would be no ques­tion as to the duty of the Convention ; and I understand the gentleman from Bullitt to call for the reading of those papers in order that the members of this Conven­tion may determine for themselves whether there is a certificate returned here by the Secretary of State. That certainly ought to be done.
Mr. W. H. MILLER. I make this point of order on the motion of the gen­tleman from Bullitt. It seems to me that, from the report of the Secretary of State,12 ORGANIZATION.
Monday,] Miller—Hendrick—W hitaker—Coke—Straus. [September 8.
there is a prima fade case here made in favor of the gentleman reported by him as a member from Washington; and, there­fore, sir, it appears to me that the gentle­man named in the report of the Secretary of State has a right to be sworn as a sit­ting member of this Convention.
Mr. HENDRICK. Will the gentleman permit a question ?
Mr. W. H. MILLER. Yes, sir.
Mr. HENDRICK. Don’t you deter­mine that from the certificate itself? Can you determine it from any other thing than the certificate; and are not the mem­bers of this Convention the judges of that question ?
Mr. W. H. MILLER. In all parlia­mentary bodies, the organization of which is provided for, there is an officer named to judge of these matters; and the gentle­man from Fleming, I suppose, will admit that in this instance the Secretary of State is that officer; and he has recognized that certificate and reported upon it; and ac­cording to all parliamentary precedents, I say that the gentleman named from Wash­ington is a member, recognized by the Secretary of State, and is entitled to take the oath.
Mr. WHITAKER. I think we are all out of order. There is not a member of this Convention who has produced a certificate of his election from ' the proper officers of his county; and we only know that we are members of this Convention from the fact that that report has been made to the Secretary of State, and he has transmitted it to this body and we have acted upon it. There is no higher evidence than that that any of us are elected; and if the gentleman from Washington has been reported as a member by the Secretary of State, he has the same right to take the oath and be­come a member of this Convention, until the question has been inquired into, as any other member has. Therefore, I say fur­ther, that none of us are qualified as yet to hear any question. We are not members
of this Convention until after we have taken the oath, and when we have taken the oath we are qualified as members; and until that time we can act upon no propo- sit’on except the organization of this Con­vention.
The CHAIRMAN. The reading of the papers is called for. The Chair under­stands, although it has permitted some debate, that that question is not debat­able. ,
Mr. COKE. I desire, for information, to hear read the section of the act that- calls us together in reference to that very question before the report is read.
Mr. STRAIJS. I insist upon the read­ing of the papers returned by the Secretary of State.
The Secretary thereupon read the fol­lowing papers:
State oe Kentucky,
County of Washington.
| Set
Be it known to all whom these presents shall come, that we, Sidney Green, Sheriff, and Andrew Thompson, Judge of the County Court, and W. F. Booker, Clerk of the County Court of Washington county, by an election held on the first Monday in August, one thousand eight hundred and ninety, by the electors of said county,, qualified according to law, caused to be chosen John W. Lewis for said county, to represent the same in the Convention to be held in the city of Frankfort on the second Monday in September, one thousand eight hundred and ninety, for the purpose of re-adopting, amending or changing the Constitution of this State. Given under our hands this, the seventh day of August, one thousand eight hundred and ninety. Sidney Green, Sheriff W. G.,
A. Thompson, County Judge, ; "W. F. Booker, County Clerk, Louis D. Walker, J. P. W. 0., W. H. McElroy, J. P. W. C.
I, Geo. M. Adams, Secretary of State of the Commonwealth of Kentucky, hereby certify that the above and foregoing is aORGANIZATION. 13
Monday,] Washington County Contest. [September 8.
true copy of a paper received by mail at this office on the 11th day of August 1890.
Given under my hand and seal of office this 8th day of September, 1890.
(Signed.) Geo. M. Adams.
■ Secretary of State.
[Seal.]
The undersigned, Andrew Thompson, Presiding Jucigeof the Washington County ■Court, certifies that he 'was one of the board which counted and compared the poll-books, for the election of a Delegate to the Constitutional Convention from Wash­ington county, which election was held on the 4th day of August, 1890, and at which election he was also a candidate for re-elec­tion to office of County Judge of Washington county, and that said board ■consisted of himself, as said Presiding Judge, together with Sidney Green, Sheriff, and W. P. Booker, Clerk of said county, together with L D. Walker and W. H. Me- Elroy, the two Justices of the Peace re­siding nearest the court-house; that John W. Lewis and W. C. McChord were the only candidates for Delegates to said Convention; that said canvassing board met in the clerk’s office of said county, and begun the count of votes cast for said McChord and Lewis first; that when they adjourned for dinner they had fin­ished the addition of votes cast in said race, which,according to their said count, showed 1,508 votes for Lewis, and 1,507 for Mc­Chord; that said McChord demanded of said board that they again go over their ■count before the result was certified; that said Lewis demanded that his certificate be issued to him at once in accordance with their said count; that if he was elected to .said position,he wanted his certificate; if he was not elected, he did not want it. I was out in the hall of said office, and did not hear every thing that was said by the par­ties. The board finally concluded to issue the certificate to Lewis, and did so the next ■day. My attention was called to the fact that we Had counted one vote twice, to wit,
one John Anderson for said Lewis, which in my opinion, was true; but as said board had adjourned, we took no further action in the matter. ■
This August 13, 1890.
‘ A. Thompson,
Presiding Judge Washington Co. Court.
I, Geo. M. Adams, Secretary of State of the Commonwealth of Kentucky, hereby certify that the above and foregoing is a true copy of a paper received at this office on the 15th day of August, 1890, by mail, from W. C. McChord. t
Given under my hand and seal of office this 8th day of September, 1890.
(Signed.) Geo. M. Adams,
Secretary of State.
[Seal.] ' '
We, the undersigned, two Justices of the Peace of Washington county, and residing nearest to the court-house, with Andrew Thompson, Judge of the Washington County Court, Wm. P. Booker, the Clerk thereof, and Sidney Green, Sheriff of Washington county, constituted the exam­ining board to examine the poll-books of the election in Washington held August 4, 1890, for the purpose of electing a Delegate to the Constitutional Convention from Washington county. We hereby certify that the said board constituted as aforesaid did, on the 7th day of August, 1890, make, as we then thought, a careful examination of said poll-books and count of the vote as shown thereon , as cast between John W. Lewis and W. C. McChord for the office of member of the said Constitutional Con­vention, they being the only persons voted for at said election for said office, and according to our said count we were of the opinion that said poll-books showed (1,508) fifteen hundred and eight votes as cast and recorded for said Lewis, and (1,507) fifteen hundred and seven as cast and recorded for said McChord. ’
After said board, constituted as aforesaid, had made said count, we announced our conclusions publicly. Lewis demanded a14 . organization.
Monday,] Lewis.
certificate of election immediately, when said McChord demanded a recount of the vote before any certificate was issued or delivered, to .which Lewis objected, when we immediately gave said Lewis a certifi­cate of his election, which he now has, and we forwarded a copy to the Secretary of State. .
On the 8th day of August, 1890, after the said poll-books bad been examined by the undersigned Justices of the Peace, alone, as the examining board, as to the vote of the other officers voted for at said election, and certificates given according to the results as shown, we again counted the vote on said poll-books, as cast between said Lewis and McChord, more carefully than at first, and found that instead of Lewis receiving (1,508) fifteen hundred and eight votes, he had only received (1,507) fifteen hundred and seven votes, and that McChord had received (1,507) fir- teen hundred and seven votes.
"We immediately notified said Lewis of said mistake; hut he declined to surrender the said certificate of election, which had been given him as aforesaid, although he had promised to do so if it should ap­pear that he was not entitled to it. Be­lieving that we had no further authority or power in premises, we did not, nor will we, take any further action, hut leave the matter in the hands of the properly consti­tuted authorities for final action, to de­termine who is entitled to the seat in said Convention.
In testimony whereof, we have hereto subscribed our names this 9th day of August, 1890.
Louis D. Walker,
Justice of thePeaceof Washington County.
W. H. McElroy,
Justice of the Peace, 'Washington County.
The undersigned, Sidney Green, Sheriff of Washington county, does hereby certify that the statements as contained in the foregoing certificate of L. D. Walker and
[September 8.
W. H. McElroy are true, except that he does not know of his personal knowledge that Lewis has refused to surrender his certificate of election.
August 9th, 1890.
Sidney Green, Sheriff of Washington County.
I, Wm. P. Booker, Clerk of the Wash­ington County Court, do certify that the statements contained in the foregoing cer­tificate of L. D. Walker and W. H. Mc­Elroy are true. That Lewis, at the time he demanded his certificate of election as stated, said, if, upon a recount of said vote, it was ascertained that he was not entitled to said certificate, he would surrender it.
I further certify that the above-named
L. D. Walker and W. H. McElroy are duly elected, qualified and acting Justices of the Peace of Washington county, Ken­tucky, and they reside nearer the court­house of Washington county than any other Justices of the Peace of Washington county.
This August 9th, 1890.
W. P. Booker,
Clerk Washington County Court.
I, George M. Adams, Secretary of State of the Commonwealth of Kentucky, here­by certify that the above and foregoing is a true copy of a paper received at this uffice, by mail, from W. C. McChord, on the 13th day of August, 1890.
Given under my hand and seal of office this 8th day of September, 1890.
(Signed) GeoRGE M. Adams,
[Seal.] Secretary of State.
Mr. J. W. LEWIS. If the Convention will indulge me, I desire to say a few words in reference to this matter. I shall not an­ticipate the evidence, nor discuss it at this time. These papers that have been read in the hearing of the Convention are ex parte statements, written and sent here hy the contestant himself, and not sworn to. The depositions of each one of these per­sons, under their oaths, have been taken inORGANIZATION. 15
Monday.] Stbaus—L ewis. [September 8.
the case, and are now, I presume, in the city of Frankfort, in the post-office, ad­dressed to the Secretary of this Convention, in obedience to the provision of the Act call­ing the Convention. The question that I now submit is, will the Convention accept that sworn testimony as to these matters, when here was a full examination of the witnesses and cross examination, or will it proceed to dispose off this seat in the Convention upon e% parte statements, unknown to my­self, written and sent here by the contestant. Now, that the Convention may understand how it happened that the two Justices of the Peace nearest the court-house signed the certificate of election awarded to my­self, if the Convention will allow it, I will read the affidavit of the County Judge and the Sheriff of the county explaining that matter.
Mr. STRAUS. I want to call the gen­tleman’s attention to one fact, that he may address himself to it while he is on the floor, and that is, whether or not his own certifi­cate is such a one as the law requires upon the faf’e of the paper.
Mr. J. W. LEWIS. I propose to ad­dress myself to that point, and also to read some authorities upon it. But I desire, in justice to myself, as well as the Convention, that it shall be explained how the two Justices of the Peace happened to partici­pate in that matter, along with the- Judge of the County Court, the Sheriff and the Clerk ot the County Court.
Mr. J. W. LEWIS thereupon read the following paper:
State op Kentucky,
Washington County.
j- ss.
This affiant, Andrew Thompson, says on his oath that he was on Thursday, August the 7th, 1890, the Judge of the Washington County Court, State of Kentucky; that upon the morning of said day he appear­ed at the office of the County Court Clerk, in Springfield, for the purpose of perform­ing his duty as one of the board directed by law to canvass the election returns and
compare the poll-books of said county for the election held for State and county offi­cers at the August election in 1890, and for Delegate to the Constitutional Conven­tion of Kentucky. Louis D. Walker and W. H. McEIroy, Esquires, the two Justices of the Peace of said county residing near­est the court-house, were also present in said clerk’s office, also Sidney Green, Sher­iff of said county, and W. E. Booker, Clerk of the County Court of said County. Mr. W. C. McChord was present and John W. Lewis also. Said McChord said that said two Justices of the Peace were the legal board of canvassers for said election, while said Lewis said the said Sheriff, County Judge and Clerk of the County Court were the legal board to canvass said election returns and to issue the certificate of elec­tion in the matter of the Delegaate to said Convention. Said McChord insisted that said Justices were the proper board. Said Lewis then said he was willing that both boards should compare the poll-books and count said vote; that it would not weaken said McChord’s claims to the said position or his own, whoever was elected, to have the result ascertained by both boards, that is, the said Sheriff, Judge of the County Court and Clerk of the County Court and said two Justices of the Peace, and certified by both. Mr. McChord said that was satisfac­tory to him and that he agreed to it. Whereupon said two boards, said two Jus­tices and said Sheriff, affiant, as Judge of the County Court, and said Clerk of the County Court repaired, to the vault of said clerk’s office where, the poll-books of said election were, made the comparison canvass and counted the vote of said county as to Delegate to said Convention, and certified the election of John W. Lewis. It was in this way, and for the reason of the facts above set out, that the certificate of election awarded said Lewis was signed by said Sheriff, Sidney Green; affiant, as County Judge, and said Clerk of the County Court, and said16 OBGANIZATION.
Blackburn—DeHaven—Straus. [September 8.
Monday,]
two Justices of tbe Beace. Said Sidney Green, Sheriff, affiant, Judge of the County Court, and said W. S’. Booker, Clerk of the •County Court, were all candidates at said election for the offices held by each of them respectively; but said Sheriff, Green, and Booker, County Court Clerk, were elected without opposition. There being no one voted for for sheriff or County Court Clerk at said election except said Green and Booker, respectively; and said Green was re-elected Sheriff and said Booker Clerk of the County Court without any opposition whatever.
Andrew Thompson.
Subscribed and sworn to by Andrew Thompson before me, this 3d day of September, 1890.
J. L. Wharton, Clerk.
The undersigned, Sidney Green, says he was sheriff of Washington county on the 7th day of August, 1890, and is still Sher­iff' of said county, and is the Sheriff'referred to in the foregoing affidavit of Andrew Thompson. Hs has heard read and read said affidavit, and the statements thereof are true and correct, and he concurs therein and makes them his affidavit.
Sidney Green.
Subscribed and sworn to by Sidney Green before me, this 4th day of Septem­ber, 1890.
J. L. Wharton,
Clerk Washington Circuit Court.
Mr. JAMES BLACKBURN. I rise to a point of order. There is no jury here to try this case. It seems to me, sir, we are proceeding with undue haste. I know as well that he is a Delegate as he does that I am a Delegate. We are not Delegates to hear this case until we have taken the oath, and I, therefore, move that we suspend this matter, and that every Delegate who comes here with a certificate from the Secretary of State shall be so con­sidered a Delegate and sworn in.
Mr. DeHAYEN. The point of order, in my judgment, is well taken. If the gentleman from Washington has a certifi­cate of election that is certified by the offi­cers required by law to sign that sort of certificate, he is certainly, prima facie, en­titled to a seat upon this floor, and there ought to be no question raised about it. Whether he is or is not entitled to it must be determined hereafter in a much more deliberate way than we are proceeding, and the only question that occurs to me to be determined is, whether his certificate is such a certificate as the law requires, and if it is, that settles it, in my humble judg­ment.
Mr. STRAUS. I desire to state that' the certificate produced by the gentleman and returned by the Secretary of State here is not such a one as is required by law, and that is shown upon the face of the certificate. It is signed by the County Judge, the Sheriff, the County Clerk, and, in addition thereto, by two magistrates. No such board as that is known to the law. There is not another certificate filed with the Secretary of State signed by any such board of officers as that. Either the County J udge and Sheriff and Clerk constitute a board to give a certificate, or, if they are disqualified, then the two nearest magis­trates constitute tbe board, but you can not inelude them. The Court of Appeals has decided in two cases, that when the parties undertake to make a board out of two boards, and that board gives a certificate, that it is void upon its face. You can not gather two or three magistrates in a county and let them act in conjunction with the County Clerk, the County Judge and Sheriff. His certificate is signed on its face by two magistrates, tbe County Judge, County Clerk and Sheriff. No such cer­tificate as that is known to the law, and th& Court of Appeals has decided that it Is void upon its face.
The CHAIRMAN. That is a matterORGANIZATION. 17
Monday,]
for argument. The gentleman from Wash­ington has the floor.
Mr. J. W. LEWIS. I was trying to address myself directly to the point made by the gentleman, and to show that the two Justices of the Peace participated in pursuance of his request and upon his de­mand. Now, sir, the names of the two Justices of the Peace are not embraced in the body of the certificate at all, hut their names are signed to it at the foot. If I understand the rule in such matters as this, it is not that the certificate must he in ex­act form, but that it must be true in sub­stance; and an officer charged with the duty of canvassing an election, and certifying the result after doing it, has no power to make any further certificate or statement about, it, and if he does, his act is void. I read from the work on American Law of Elections by Mr. George W. McCreary. He says: “N o particular form of creden­tials is required, it is sufficient if the claim­ant for office presents a certificate of election signed by the officers authorized to sign it, and stating generally the fact that the election was duly held, and that the claimant is duly elected to the office in question. If several officers or persons are required by law to join in a certificate, it is generally sufficient if a majority has signed it. It-is enough for a prima facie case if the certificate comes from the proper officers of the State, and clearly shows that the person claiming under it is duly elected—
Mr. C. T. ALLEN. I rise to a point of order.
The CHAIRMAN. State the point.
Mr. C. T. ALLEN. The point is this, that this whole proceeding with reference to this contest is out of order. The proper proceeding is for those whose certificates are undenied and undeniable to be sworn in, and then we have a tribunal competent to try the correctness of the certificate of the gentleman from Washington county. You have nobody now authorized by the law 2
[September 8.
to try this question of contest, and it is a waste of time and a waste of argument to listen further, as it appears to me. In making this point I mean, of course, no disrespect whatever to the worthy gentle­man from the county of Washington.
Mr.STRAITS. Mym otion was to amend the original motion so that all members could be sworn in where there was no con­test.
The CHAIRMAN. I understood that to be the motion.
Mr. J. W. LEWIS. If the Convention does not desire to bear me, I do not care to insist on it. The rule is, that a person having a certificate of election, whether it is in form or not, when signed by a major­ity of the officers charged by law to give the certificate, is prima facie entitled to be sworn in. I desire to know how this Con­vention can make an order that I shall not be sworn as a member, thereby vacating the seat from Washington county upon ex parte statements read in their hearing, and without considering the sworn evidence relating to the very point upon which they are voting and passing. I desire to know whether it is just to Washington ton county or to myself, or to the officers who awarded the certificate of election to me, for this Convention to pass upon these ex parte statements without first hearing all the proof in the case read before any­body is sworn; and if anybody is sworn, then I desire to know the reason, why I shall not be sworn at the same time, when my certificate is certified by the Secretary of State the same as theirs. I make the further point, if this seat is vacated, and if 1 am not permitted to qualify upon a prima facie showing, bow can any legal right attach to any human being upon tbe face of this earth ? How can a notice be served upon vacancy. If 1 am not here as a Delegate, this contestant can serve notice on no one.
Mr. JAMES BLACKBURN I rise to a point of order. No matter what our
Lewis—Allen—Blackburn.
18 ORGANIZATION.
Monday,] Lewis—B rents—Miller . [September 8.
opinion about this may be, we are in no condition to vote on it until webave taken the oath. If we take the vote on that mat­ter of credentials, either of the gentlemen might well challenge our right to vote be­cause we are not members of the Conven­tion yet. Therefore, I think the motion is right, that the balance be sworn, and then let the question come up whether that cer- tifLcate of election is good.
Mr. J. W. LEWIS. I rise to a point of order as to the motion of the gentleman, that all members be sworn except in the cas9 of Washington county where there is a contest. The Act calling this Convention says it shall consist of one hundred mem­bers. If ninety-nine Delegates are only sworn in, it fails to come up to the require­ment ot the act. I make the further point of order, that the gentleman's motion is out of order, for the reason that I am returned as a member from Washington county, and my election is certified here by the Secre­tary of State, and the Convention now in its disorganized form, without the oath of office being administered to a single Dele- ■ gate, has no right to make an order exclud­ing me from the privileges exercised by the other Delegates. •
The CHAIRMAN. The Chair is of the opinion that the point of order of the gentleman from Washington is well taken.
Mr. BRENTS. The law provides that the county hoard shall meet on a certain day and count the vote. They shall then and there count the vote and grant the certificate. When they do that their work is finished. When they do that their work is final. They cannot reconvene and re­consider that matter. We have a prece­dent : In 1855-6 W. C. Anderson, of Boyle, and James S. (Jhrisman, of Wayne coun­ty, were candidates for Congress in the old Eourth District. The hoard of Cum­berland county met on the day prescribed by law. They certified the vote of Cum­berland. county to the Secretary of State. They met on another day and discovered
a mistake of ten votes against James S. Ohrisman, which, if they had been counted, would have given him the certificate. Gov. Charles S. Morehead and the State board considered the matter, and decided that when the board adjourned on the day fixed by law their action was final, and they could not reconvene and recount the vote, and they rejected the amended cer­tificate and granted & certificate to W. C.. Anderson. The law prescribes the duty of the county board in regard to the election of Delegates to the Constitutional Conven­tion. A certificate has been granted by that kind of board, and the county board has certified that a certain gentleman hag. , been elected as the Delegate from Wash­ington county. That was certified to the Secretary of State. The Secretary of State has certified to us the name of Mr. J. W. Lewis, with the names of the other Dele­gates from the other representative dis­tricts. Now he is the officer to whom these certificates must be mailed or sent. He is the officer who has certified these certificates to us, and Mr. Lewis has as much right to be sworn as a member of this Con-: vention as any other member. He has as much right to deny to any of the rest of us the right to be sworn in as we have a. right to deny him the right to be sworn as a member of this Convention. We can not now resolve ourselves into an election committee to decide that matter. We must- accept the certificate as sent to us by the Secretary of State, and this is all out of order. This is all I desire to- say.
The CHAIRMAN. The question is upon the amendment of the gentleman from Bullitt. The amendment is to the effect that the oath he administered by the Chief Justice to all Delegates whose seats are undisputed.
Mr. W. H. MILLER. I desire to have the Chair pass upon the point of order made by myself, and renewed by the gen- <OKG-ANIZATION. 19
Monday,] Spalding—Straits— Jonson. [Septembers.
tleman from Oldham, to the effect that the amendment proposed by the gentleman from Bullitt is out of order, and nothing is in order except to permit those members who have been reported by the Secretary of State to be sworn as members of this Convention. That is the point of order made by me, and renewed by the gentle­man from Oldham; and so far as I under­stand the ruling of the Chair, it has not been passed upon by the Chair, and I in­sist upon its being passed upon.
Mr. SPALDING. It occurs to me that the matter was clearly stated by the hon­orable gentleman from Oldham. The only question before the House is, whether this gentleman has his certificate in proper form. The next question is, who is to de­cide that question ? Can this Convention do it by a vote, when theB Convention is not organized and when the Delegates are not sworn in? Somebody has to do it. We have no parliamentary law governing it, and hence it seems to me that the Speaker ought to determine that question. I understand that in the House of Repre­sentatives the Clerk decides that question. We have no Clerk here, but we have a tem­porary President; and it seems to me that he is the proper person to pass upon the question whether the certificate is in due form; and if it is in due form, I believe there is no question that the gentleman is entitled, prima facie, to his seat. I think the Chair should decide that question.
Mr. STRAUS. It does seem to me that my amendment is in order, unless the tem­porary President of this Convention wants to assume the responsibility of deciding that question upon the face of the certifi­cate. But it does seem to me that this body can pass a resolution authorizing all the Delegates to be sworn in whose seats are not contested.
Mr. JEP. C. JONSON. I think there is nothing for this body to do about this certificate. The law calling this Conven­tion and providing for the election of Dele­gates
prescribes the board that shall count the votes and certify to the Secretary of State. That board was distinct from any board provided for in our general election laws. Now, the only thing to be deter­mined by this body, is whether those officers have discharged their duty. It seems to me that the certificate is in fuT compliance with the law. The Sheriff, the Judge and the Clerk of the Washington County Court have granted that certificate to Mr. Lewis. They sent that certificate to the Secretary of State, the proper custo­dian, at the Capital of the State, as re­quired under the provisions of that law. He is the only officer who can pass upon that certificate. He has done it, and if every Justice of the Peace in Washington county, and in the State of Kentucky, had voluntarily come forward and added their names to the foot of that certificate, it would not have added or detracted one iota from it. Therefore, I say that certificate is in perfect order. There can be no quibble about it. The universal rule is, that when a delegate has been certified by the proper officer of the State, that then he is qualified We had a .precedent in our Constitutional Convention in 1849 in the person of Mr. Nuttall. He was sworn, and after all that - the contest came. Now, why should we strike down this representative from Washington county. Had we not just as well strike down Governor Buckner? Would the offense be any Jess? I know nothing of tbe merits of the case. There is no gentleman here who knows or can have any information of the merits of the case, but in common honesty and fairness let us swear the man and then give him a hearing. [Applause.]
The CHAIRMAN. The Chair, upon reflection, is inclined to believe that the certificates in the papers received from the office of the Secretary of State ought to be accepted at present as prima facie evi­dence. The Convention can do hereafter as it pleases in the matter. I therefore20 ORGANIZATION.
Monday.] D kHaven—Miller—Swango—-Spalding. [September 8.
hold that tbe amendment of the gentleman from Bullitt is out of order. The Secre­tary will please read the resolution.
The resolution was read by the Secre­tary.
Mr. DeHAVEN. 1 do not really sup.- pose that it is the object of that resolution that we shall, each one individually, be called up and sworn. I would say that eight or ten of us be called up at a time and sworn. I move, then, that the Clerk call the roll, and ten members be sworn at a time by the Chief Justice.
A MEMBER. Why not call a hun­dred?
The CHAIRMAN. The remark is a little out of order.
The Clerk thereupon called the roll, and the oath was administered by the Chief Justice, W. H. Holt, in accordance with the resolution, to ten members of the Con­vention at a time. The said oath was as follows:
You, and each of you, do solemnly swear that you will support the Constitu­tion of the United States and the Constitu­tion of the State, and be faithful and true to the Commonwealth of Kentucky, so long as you continue citizens thereof, and that you will faithfully execute, to the best of your ability, tbe office of member of the Constitutional Convention according to law. And you do further solemnly swear that since the adoption of the pres­ent Constitution, being a citizen of the State, you have not fought a duel with deadly weapons, within the State nor out of it, with a citizen of this State, nor have you sent or accepted a challenge to fight a duel with a citizen of this State ; nor have you acted as second in carrying a challenge, or aided or assisted any person thus offend­ing, so help you God,
The CHAIRMAN. That concludes the roll. What is your further pleasure?
Mr. W. H. MILLER. I have a resolu­tion to offer, which is as follows:
Resolved, That Clarence E. Walker, John P. Cassilly and Phil. Myers, stenog­raphers, be, and they are hereby, requested to report the proceedings of this Conven­tion until a stenographer and his assistants shall be elected or employed.
Mr. SWANGO. I desire to offer an amendment by inserting the name of J.
H. Sublett.
Mr. MILLER. I accept the amend­ment.
The resolution as amended was adopted.
Mr. DeHAYEN. I move the Conven­tion now adiourn, to meet again at half­past 4 o’clock.
Mr. SPALDING. I would state to the gentleman from Oldham,that the Librarian, informs me that she intends to have some changes made in the seats, and she is going to have them moved forward. These rear seats are so arranged that it is hard for gentlemen back here to hear what is go­ing on.
Mr. WHITAKER. I amend the mo­tion, and move that the Convention do now adjourn until to-morrow morning at 10 o’clock.
The question was put upon the motion to adjourn till 10 o’clock, and was declared carried by the Chairman. And the Con­vention thereupon adjourned. ,
Tuesday, September 9, 1890.
The Convention was called to order by the Chairman at 10:20 a. m. He said : It is customary to open proceedings with prayer. Is there a minister present?
No one answering, the Jburnal was ordered to be read, which was done.
The PRESIDENT. You have heard the Journal read, are there any corrections ? If not, it will stand approved as read.
Mr. BUCKNER. We are here, I be­lieve, without any special rules to guide our conduct, and I think it entirely proper 1 and necessary that we shall arm our pre-ORGANIZATION. 21
Tuesday,] Buckner—Straus—Cox—Goebel—Bullitt—Knott. [September 9.
siding officer with such, powers as will enable him to conduct the proceedings of the Convention. I therefore offer this res­olution:
Resolved, That a committee of five, in­cluding the President, he appointed by the Chair to prepare and report a Code of Buies for the government of the proceed­ings of the Convention, and that until the adoption of their report the rules adopted by the Constitutional Convention of Ken­tucky in 1849 shall be the rules of this body. ' '
Mr. STRAUS. It seems to me tha^ that motion should come after we have per­fected the regular organization of this body. The Committee on Rules ought to be appointed by the regular Chairman of the Convention.
The PRESIDENT. The Chair thinks that the point of order is not well taken.
Mr. COX. I desire to offer a substitute
Resolution read as follows :
Resolved. That the President appoint a Committee on Rules, to 4be composed of ten members, one from each Constitutional District, and the President of the Conven­tion shall be the Chairman of said Com­mittee,
Resolved, That said Committee sha{l • report rules for the government of this “Convention, together with the names of the several Committees necessary to facili­tate the work of forming a Constitution.
Mr. GOEBEL. I have a substitute to offer.
The substitute was read as follows:
Resolved, That the officers of this Con­vention be a President, Secretary, Assistant Secretary, Sergeant-at-Arms, Door-keeper and Reporter, and that we proceed imme­diately to the election of said officers.
The President ruled the substitute out of order.
Mr. BULLITT. I move to amend the motion made by Gov. Buckner, that for the purpose of organization we adopt the rules
that were adopted at the preceding Con­vention, so as to let the appointment of the Committees for the purpose of framing rules lay over until a permanent organ­ization of the Convention.
Mr. BUCKNER. I accept the amend­ment. . ,
The PRESIDENT. The amendment to the original resolution having been ac­cepted, it becomes a part of the resolution. The question is upon the substitute of the gentleman from Carroll. The Secretary will please read it.
Mr. Cox's substitute read.
Mr. KNOTT. I would like to have the original proposition as amended read.
The Secretary read the resolution.
Mr. BUCKNER. I withdraw my reso lution.
Mr. MACKOY. I understand that the resolution offered by Gov. Buckner has been withdrawn.
Mr. BUCKNER. I misunderstood the character of the amendment, and with the permission of the gentleman I withdraw the resolution.
The PRESIDENT. The resolution be­ing withdrawn, the substitute falls with it.
Mr. GOE BEL. I now re-offer the res­olution I offered a moment ago.
The resolution was read by the Secre­tary, as follows:
Resolved, That the officers of this Con­vention be a President, Secretary Assist­ant Secretary, Sergeant at-Arms, Door­keeper and Reporter; and that we proceed immediately to the election of said officers.
Mr. J. L. PHELPS. I move to amend by inserting “and a Janitor.”
A vote being taken on the amendment, it was lost.
Mr. H. H. SMITH. I propose the fol­lowing substitute:
Resolved, That a Committee of six mem­bers be appointed by the Chair to report what officers are necessary to the organiza­tion of this Convention.22 ORGANIZATION.
Tuesday,] Straus—Spalding-
Mr. STRAUS. I think that amend­ment is out of order. The act provides what officers we must elect.
The PRESIDENT. The Chair differB from the gentleman from Bullitt, because the act provides, that while certain officers shall he elected, additional officers may also he elected.
Mr. SPALDING. It seems to me that the first thing to be done is to adopt rules for the government of this body. Mr. Bullitt offered a resolution to adopt the rules governing the last Convention, and I think that resolution should be dis­posed of.
The PRESIDENT. The original reso­lution of the gentleman from Hart was withdrawn. That carried the substitute with it, and it is not before the House.
The substitute offered by the Delegate from Hardin (Mr. Harvey H. Smith) was put to the Convention, and, on a vote, was declared lost.
Mr. W. H. MILLER. I desire to offer a substitute.
The Secretary read the substitute, as fol­lows : "
Resolved, That the following named offi­cers of this Convention shall be elected, whose several compensations shall be as herein recited:
1. A President, whose compensation shall be $5 per day, in addition to his pay as a Delegate.
2. A Secretary, whose compensation shall be $10 per day.
3. An Assistant Secretary, whose com­pensation shall be $8 per day.
4. A Sergeant-at-Arms, whose compen­sation shall be $5 per day.
5. A Door-keeper, whose compensation shall be $5 per day.
6. A Stenographer, whose compensation shall be $8 per day.
7. Two Assistant Stenographers, whose compensation shall be for each $7 per day.
8. A Printer, whose compensation shall be such as shall hereafter be fixed by this Convention.
Second. The President of this Conven­tion, when elected, shall appoint a Com­mittee of three Delegates, whose duty it
■Miller—Mooke. [September 9.
shall be to investigate and report what other officers, if any, and employes are needed for the proper conduct of the busi­ness of this Convention, and in what man­ner they shall be appointed or employed, and what will be a just and sufficient com­pensation for each.
Mr. L. T. MOORE. I would like to ask the consent of the gentleman who in­troduced the substitute to allow me to offer this, and see whether he will not accept it.
Mr. W. H. MILLER. If the gentle­man desire the substitute read for informa­tion , I have n o obj ection.
The resolution was read by the Secretary, as follows:
Resolved, That a committee composed of twelve (12) Delegates be appointed by the Chair to prepare and report suitable rules to govern the actions of this Convention.
Mr. PETTIT. I move you that the whole subject be referred to a Committee of seven members to be appointed by the Chair.
Mr. HENDRICK. I rise to a point of order; that motion is out of order, be­cause the Chair has ruled that comes as amendment Mo. 3.
The President decided that the point of order was not well taken.
The substitute of the gentleman from Lincoln (Mr. “W. H. Miller) was put to vote and declared lost.
The PRESIDENT. The motion before the House is, that the whole subject be re­ferred to a Committee of seven members, to be appointed by the Chair, to report at some future time.
Mr. MACKOY. It seems to me that the proceedings of the House are being delayed by the various motions and amendments that are being offered. If the motion of the gentleman from Kenton to proceed at once to the election of offi­cers is adopted, there will be no delay whatever in the organization.. If the committee is appointed, we may lose an­other day. I think it is highly importantORGANIZATION. 23
Tuesday,] Petht— Blackburn—Lewis—Harris. [September 9.
that we should at once organize this Con­vention. The question of compensation, the order of business, the number of com­mittees to be appointed, all that will then come properly before tbe permanent or­ganization ; but now tbe important thing is to organize this House, and to do it as quickly as we can. There is no need for any resolution in reference to rules, be­cause in the absence of rules we are pro­ceeding under rules governing assemblies of this kind. It is important to organize as quickly as possible, and I hope that the resolution offerred by the gentleman from Kenton will prevail. If there are other officers necessary for this Convention to elect, we can elect them at a later period.
Mr. PETTIT. I offered my motion for the simple purpose of facilitating the busi­ness of the House. I would say to the gentleman, that, in my opinion, my motion does not preclude this Convention from proceeding at once with the election of its officers. It was in that spirit that I offered my resolution.
Mr. BLACKBURN". A vote was taken upon the same question just now, upon the amendment offered by the gentleman from Bullitt. The motion of the gentleman from Daveiss is, that a Committee of seven be* appointed to report on this matter. The Convention just refused to do that, there­fore, it can not now come before the Con­vention.
The PRESIDENT. The question re­curs upon the substitute. Are you ready for the question ?
Mr. J. W. LEWIS. It seems to me that all of this is anticipating business which will properly come before the Con­vention when organized. Nothing is in order now except to enter upon the organ­ization of this Conventiqn.
A MEMBER. Has not that substitute been voted upon.
The PRESIDENT. The motion was .put, but the vote was not taken.
The substitute, upon a vote, was lost.
The PRESIDENT. 'The question re­curs upon the amendment to the original resolution.
Mr. PETTIT. I now move you, sir, to strike out the word “Reporter.”
The motion upon a vote was lost.
The resolution then, upon vote, was adopted.
Mr. HARRIS. I desire to offer the fol­lowing resolution:
Resolved, That in the election of perma­nent President of this Convention, after the second vote or ballot, the candidate receiving the lowest number of votes be dropped, and on each succeeding vote or ballot, the one receiving the lowest number of votes be dropped, until one shall receive a majority of all the votes of this Convention, and that this rule shall apply in the election of all the other officers after the first vote or ballot.
The resolution, upon a vote, was adopted’
The PRESIDENT: Nominations for President are in order.
Mr. PARMER. I nominate for Presi­dent of this Convention, Mr. Henry D. McHenry, of Ohio county.
Mr. BRONSTON. I nominate Hon. Bennett H. Young, of Louisville. .
Mr. BOLES. 1 nominate the Hon. Cas­sius M. Clay, Jr., of Bourbon.
Mr. BECKHAM. I desire to'present to this Convention for the office of President the name of a gentleman who is known from ocean to ocean, and from the lakes to the gulf. Kentucky, sir, will, perhaps, but twice in this generation, have such an op­portunity to honor one of her most distin­guished sons as she has to-day. Will a life of public service that has lasted for a quarter of a century before a people like this count for nothing? There is here among us a man who served his State and his country in a time that tried men’s souls; in a time when there was corruption in high places in the seat of government of this country] and yet, sir, after serving24 ORGANIZATION.
Tuesday,] Buckner—Coke—Johnston—Smith. [September 9
there for the length of time that he did, ranking as a lawyer with the highest, as a statesman among the foremost, he holds up in the face of the people • of Kentucky to­day, and of this Convention, the hands of a stainless gentleman. Well-born, well- bred, by training a scholar, by experience a statesman, by impulse a patriot, by in- • stinct a gentleman, Gov. J. Proctor Knott, if seated to preside over this Convention, will do honor to Kentucky and Kentucky will do honor to herself. I place his name, sir, before the Convention.
Mr. BUCKNER. I rise, sir, to second the nomination made by the gentleman from Shelby of the distinguished Delegate from Marion county. His private charac­ter and his public services are alike known to us all, and we will honor the State Of Kentucky by electing him to this place; and the very fact that we should name him will be an evidence to the people of the United States that we select from amongst ourselves the best qualified and best equipped gentleman to preside over our deliberations.
Mr. COKE. I rise to second the nomi­nation of Henry D. McHenry, of Ohio .county. He is a gentleman known, not only in this State, but out of it. He has served in the halls of the Legislature of Kentucky with distinguished honor to him­self and credit, to his State. He has, in addition to that, held a high and important position as member of the Democratic Na­tional Committee, and he is familiar with all the rules of parliamentary law. If this body should elect him to the position, to which he aspires, he will fill it with honor and distinction. ;
Mr. JOHNSTON. I desire to second the nomination of Mr. Clay, of Bourbon.
The PRESIDENT. Are there any 'further nominations? If not, nomina­tions are closed. .
Mr. W. S. SMITH. I move that the vote be taken by ballot.
The motion failed for want of a second.
The first ballot resulted as follows: ^ Eor Mr. Clay:
Amos, D. C. Kennedy, Hanson
Applegate, Leslie T. Askew, J. F. , Ayres, W.W.' Bennett, B. F. Blackburn, James Blackwell, Joseph Boles, S. H.
Brents, J. A, Burnam, Curtis F. Edrington, W. J. Field, W. W.
Glenn, Dudley A. Goebel, William Graham, Samuel Hanks, Thos. H. Hendrick, W. J. Hines, J. S.
Hogg, S. P.
Hopkins, F. A. Johnston, P. P.
For Mr. McHenry
Allen, C. T. ' Birkheadj B. T. Bourland, H. R. Buchanan, Nathan Bullitt, W. G. Chambers, G. B. Olardy, John D. Coke, J. Guthrie D iris, W. F.
Durbin, Charles Elmore, T. J.
For Mr. Knott:
Auxier, A. J. Beckham, J. C. Beckner, W. M. Berkele, Wm. Brummal, J. M. Buckner, S. B. DeHaven, S E. Jacobs, R. P. '
Miller, W. H.
Moore, J. H.
For Mr. Young:
Allen, M. K. Bronston, C. J. Brown, J. S.
Carroll, John D.
Cox, H.
• English,' Sam. E. Forrester, J. G.
Lassing, L. W.
Lewis, W. W- Mackoy, W. H. Martin, W. H. McElroy, W. J. Montgomery, J. F; •Moore, Laban T. O’Hara, R. H. Parsons, Robert T. Phelps, John L.
Pugh, Sam’l J. Quicksall, J E. .Ramsey, W. R»
Smith, W. Scott Swango, G. B. Trusdell, George West, J. F.
Whitaker, Emery Williams, L.P.Y.-41
Farmer, H. H. Forgy, J. M.
Harris, Geo. C. James, A. D. Jonson, Jep. C.
May, John S.
Miller, Will.
Petrie, H. G.
Pettit, Thos. S. Rodes, Robert—21 "
Muir, J. W. . Nunn, T. J.
Sachs, Morris A. Smith, H. H. Spalding, I. A. Straus, F. P. ‘ Twyman, I. W. Wood, J. M. Woolfolk, J. F.—19-
Funk, J. T.
Hines, Thomas H. Holloway, J. W. Kirwan, E. E. McDermott, E. J. Phelps, Zack Washington, Geo.-IAORGANIZATION. 25
Tuesday,] Bronston—Mackoy—Buckner—W ashington. [September 9.
Mr. BRONSTON. I desire to with­draw the name of the Hon. Bennett H.
Young, of the city of Louisville, and in doing this I desire, in his behalf, to thank the gentlemen for the compliment they have extended him by their votes.
The CHAIRMAN. JSIo candidate hav­ing received a majority of the votes cast, we will proceed with a second ballot.
The second ballot resulted as follows:
For Mr. Clay:
Allen, M. K. Hogg, S. P.
Amos, D. C. Holloway, ,J. W-
Applegate, Leslie T. Hopkins, F. A.
Askew, J. F. Ayres, W. W. Bennett, B. F. Blackburn, James Blackwell, Joseph Boles, S. H. Brents, J. A. Bronston, C. J. Brown, J. S. Burnam, Curtis F. Carroll, John D. Cox, H.
Edrington, W. J. English, Warn. E. Field, W. W. Funk, J. T.
Glenn, Dudley A. Goebel, William Graham, yamuel Hanks, Thos. H. Hendrick, W. J. Hines, J. S.
Hines, Thomas H.
Johnston, P. P. Kennedy, Hanson Kirwan, E. E. Lassing, L. W. Lewis, W. W. Mackoy, W. H. Martin, W. H. EcElroy, W. J. Montgomery, J. F. Moore, Laban T. O’Hara, R. H. Parsons, Robt. T. Phelps, John L. Phelps, Zack Pugh, Sam’l J. Quicksall, J. E. Ramsey, w. R. Smith, W. Scott Swango, G. B. Washington, George West, J. F.
Whitaker, Emery Williams, L. P. V.—52
For Mr. McHenry:
Allen, C. T. Birkhead, B. T. Bourland, H. R. Buchanan, Nathan Bullitt, W. G. Chambers, G. D. Clardy, John D. Coke, J. Guthrie Doris, W. F. Durbin, Charles Elmore, T. J.
For Mr. Knott:
Farmer, H. H.
Forgy, J. M.
Harris, Geo. C.
James, A. D.
Jonson, Jep. C.
May, John y.
Miller, Will. - Petrie, H. G.
Pettit, Thos. S.
, Rodes, Robert Trusdell, George—22
Auxier, A. J. Beckham, J. C. Beckner, W. M. Berkele, Wm. Brummal, J. M.
Moore, J. H. Muir, J. W. Nunn, T. J. Sachs, Morris A. Smith, H. H.
Buckner, S. B. DeHaven, S. E. Forrester, J. G. Jacobs, R. P. McDermott, E. J. Miller, W. H.
Spalding, I. A. Straus, F. P.
Twyman, I. W. Wood, J. M. Woolfolk, J. F—21
The PRESIDENT. The total numoer of votes cast is 95; necessary for an elec tion, 48 ; of these, Mr. McHenry received 22, Mr. Clay 53 and Mr. Knott 21. Mr. Clay having received a majority of all votes cast, is declared duly elected to the office of President. (Applause).
Mr. MACKOY. I move that a Com­mittee of five be appointed to escort the President to the Chair.
The temporary President appointed Hon. W. H. Mackoy, Gov. S. B. Buckner. Hon.
J. Proctor Knott, Hon. H. D. McHenry and Hon. Bennett H. Young as said com­mittee. '
Mr. BUCKNER. Mr. Chairman, in obedience to the resolution of the Conven­tion, I have the honor of presenting to you for introduction to the Convention our President, Hon. Cassius M. Clay, Jr.
Mr. WASHINGTON. Gentlemen, I present your permanent President, Mr. Clay. Before withdrawing, I wish to- tender my heartfelt thanks for the forbear­ance with which you have treated an inex­perienced parliamentarian.
Mr. CLAY. Gentlemen of the Con­vention : I regret exceedingly for your sakes that my voice is in its present condi­tion. I am profoundly affected by my election, and most cordially and grate­fully appreciate it. Especially is my ap­preciation of it enhanced by the fact that you preferred me over such worthy and distinguished competitors. But, to be can­did, I think you preferred me not on account • of my own personal merit, but because- you felt that in me you found, along with the other candidates, one who was in thorough sympathy with the wants and needs of the great mass of the people, an exponent and representa­tive of them in their jmt and reasonable2 6 ORGANIZATION.
Tuesday,] °LAY- [September 9.
demand for proper protection against any consolidation of power which might un­duly threaten their welfare and happiness. (Applause.) And this feeling, which neither tolerates communism, agrarianism or the least impairment of the rights of property on the one hand, nor the unlimit­ed and despotic control of great public agencies on the other, simply demands, in the spirit of American liberty, equal rights and protection to all. To your wisdom is confided the duty of drawing the line of prudence and safety, and in drawing that line let us remember that the adequate protection of the individual in his rights of life, liberty and property, not only conduces in the highest degree to the prosperity and welfare of society, but is the best and most permanent foundation for material prosperity and progress. "We have met to perform a most important duty—a more important duty I cannot well imagine—and let us give to that task the very best efforts of our intellects and hearts.
Our present Constitution was adopted forty years ago. Since that time wonder­ful changes have taken place. In looking over those forty years we find them crowd­ed with great events, which shook the na­tion to its center, and an era of physical and material development that has eclipsed all the preceding centuries. Then the rail­road and telegraph systems were pigmies; now they are giants, bringing into asso­ciation all the people in the closest sort of contact. Since then every conceivable implement of machinery to aid produc­tion, transportation and manufacture has been invented. The beneficent system of lile insurance, and many other contrivances to ameliorate the condition of society and make more prosperous and happy the lot of mankind, have been originated and de­veloped. In fine, the brain of our people, stimulated by training and education, has, In every department, achieved the grand­est triumphs.
Now, the question for us to determine is this: What new adjustments in the or­ganic law are required by these changed conditions that we see around us? While the principles of liberty in their essence do not change, still it is necessary, as society develops, as new conditions aiise, that there should be adaptation to these conditions. Now, I imagine that among the changes demanded are, first, those to adequately and fully protect the individual in his rights of life, liberty and property ; then those changes which are required in the processes of government in order to save expense, that your government may' be more convenient to you, that your prosperity may be promoted, and that the execution of the law may be more evenly and speedily procured. .
But I will not go into details to tell you what your wisdom and experience at the proper time will more wisely determine. I imagine that various prohibitions will be imposed upon the power of the Legisla­ture; that better and simpler arrange­ments of the courts will he made; that the purity of elections will be better secured. , Our mode of revision by Constitutional Convention, making a revolution in the Constitution possible, is certainly not as wise and philosophical as a change in the mode of revision by which, while we give stability to the organic law, will allow the the Constitution to grow according to the wants and necessities of the people.
But in all these things, no doubt, your wisdom and experience will much better decide than 1 could indicate. Let us always remember, though, in chang­ing this Constitution that it represents the centuries of the best efforts of no­ble and patriotic minds to secure society and liberty from communism, on the one hand, and from despotism on the other; .: and let us not discard needlessly any of those time-honored guarantees and provisions, and let us remember all the time that we are the representativesORGANIZATION. 27
Tuesday,] A llen—Smith—Boles. [September 9.
and the servants of the people; that to them we owe an undivided allegiance; that to them we owe the very best efforts of our minds and hearts. And may the blessing of God attend our work.
Again, gentlemen, thanking you for this distinction, I appeal to you for your aid and forbearance while conducting the pro­ceedings of this Convention. I will now allow the Convention to proceed to busi­ness. (Applause.)
The first thing in order is the election of a Secretary, dominations are in order.
Mr. C. T. ALLEd. For the position of Secretary of this Convention, I beg leave to nominate Mr. Thomas G. Poore.
Mr. H. H. SMITH. I wish to nominate a gentleman for the position of Secretary who has previous to this time filled the po­sition of Assistant Secretary in the House of Representatives, and is in every way -qualified for the position. I nominate Mr. James E. Stone, of the county of Breckin­ridge, a gentleman fitted in every way for . the position, who will always do whatever is desired by the Convention, and I am sure have the confidence of all the Dele­gates
Mr. BOLES. I desire to place in nomi­nation the name of James B. Martin as Secretary of this Conventton.
The PRESIDEdT. If there are no further nominations, the same will be -closed.
Cox, H.
DeHaven, S. E. Edrington, W. J. Elmore, T. J. Farmer, H. H. Field, W. W. Glenn, Dudley A. Goebel, William Graham. Samuel Hanks, Thomas H. Hines, Thomas H.
For Mr. Stone:
Beckham, J. 0. Berkele, Wm. Birkhead, B. T. Blackburn, James Bourland, B. R. Bronston, C. J. Buchanan, dathan Chambers, G. D. Doris, W. F. Durbin, Charles Hendrick, W. J. Hogg, S. P.
For Mr. Martin:
Allen, M. K. Amos, D. C. Askew, J. F.
Boles, S. H.
Brents, J. A. Brown, J. S. Buckner, S. B. Coke, J. Guthrie English, Sam. E. Forrester, J. G. Forgy, J. M.
Funk, J. T.
Harris, Geo. C. Hines, J. S.
James, A. D.
O’Hara, R. H.
Pugh, Sam’l J. Quicksall, J. E. Ramsey, W. R.
Sachs, Morris - Swango, G. B. Trusdell, George Washington, George Whitaker, Emery Williams, L.P. V.—45
Kennedy, Hanson Knott, J. Proctor Miller, Will Parsons. Rob’t T. Pettit, Thos. S. Phelps, Zack.
Smith, H. H.
Straus, F. P. '
Twyman, I. W. West, J. F.
Wood, J. M. Woolfolk, J. F.—24.
Kir wan, E. E. Passing, L. W. Martin, W. H.
May, John S. McDermott, E. J. McElroy, W. J. Montgomery, J. F. Moore, J. H.
Muir, J. W.
Petrie, H. G.
Phelps, John L. Rodes, Bobort Smith, W. Scott Spalding, I. A.
Clay, C. M., Jr.—30.
The vote was then taken, and resulted as •follows:
For Mr. Poore:
Allen, C. T. Applegate, Leslie' Auxier, A. J. Ayres, W. W. Beckner, W. M. Bennett, B. F. Blackwell, Joseph -Bruinmal, J. M. Bullitt, W. G. Burnam, Curtis F. Carroll, John D. "Olnrdy, John D.
Holloway, J. W. Hopkins, F. A. Jacobs, R. P. Jonson, Jep. 0. Johnston, P. P. Lewis, J. W. Lewis, W.*W. Mackoy, W. H. McHenry, H. D. Miller, W. H. . Moore, Laban T. dunn, T. J.
The PRESIDEdT. The name of Mr. Stone, who has received the lowest number of votes, is, according to the rule, dropped.
The second ballot was then taken, and re­sulted as follows:
For Mr. Poore:
Allen, C. T. Holloway, J. W-
Applegate, Leslie T. Hopkins, F. A. Auxier, A. J. Jacobs, R. P,
Ayres, W. W. Jonson, Jep. C.
Beckham, J. C. Johnston, P. P. . Beckner, W. M. Kennedy, Hanson
Bennett, B. F. Lewis, J. W.
Berkele, Wm. Lewis, W. W.ORGANIZATION".
Tuesday,]
Hopkins—Kennedy.
September 9.
Birkhead, B. T. Blackwell, Joseph. Brummal, J. M. Bullitt. W. G. Burn am, Curtis F. Carroll, John D. Chambers, G. D. Clardy, John D. Cox, H.
DeHaven, S. E. Edrington, W. J. Elmore, T. J. Farmer, H. H. Field, W. W. Glenn, Dudley A. Goebel, 'William Graham, Samuel Hanks, Thos. H. Hendrick, W. J. Hines, Thomas H.
Mackoy, W. H. McHenry, H. D. Miller, W. H.
Moore, Laban T. Nunn, T. J.
O’Hara, R. H.
Pettit, Tbos. S.
Pugh, Sam’l J. Quicksall, J. E. Ramsey, W. E.
Sachs, Morris A. Swar.go, G. B. ' Trusdell, George Twyman, 1. W. Washington, George West, j'. F. Whitaker, Emery Williams, L. P. V. Wood, J. M.
Young, B. H—56
For Mr. Martin:
Allen, M. K.
Amos, D. C. Askew*, J, F. Blackburn, James Boles, S. H. Bourland, H. R. Brents, J. A. Bronston, C. J. Brown, J. S, Buchanan, Nathan Buckner, S. B. Coke, J. Guthrie Doris, W. F Durbin, Charles English, Sam. E. Forrester, J. G. Forgy, J. M. Funk, J.T.
Harris, Geo. C, Hines, J. S.
Hogg, S. P.
James, A. J).
Kirwan, E. E.
Knott, J. Proctor Lassing, L. W, Martin, W. H.
May, John S. McDermott, E. J. McElroy W. J. Miller, Will Montgomery, J. F. Moore, J. H.
Muir, J. W. Parsons, Boh’t T. Petrie, H. G.
Phelps, John L.t Phelps, Zack Bodes, Robert Smith, H. H.
Smith, W. Scott Spalding, 1. A. Straus, F. P. Woolfolk, J. F. Clay, C. M., Jr.—44
The PRESIDENT. The "Whole num­ber of votes cast is one .hundred, of which fifty-one are necessary to a choice. Of these, Mr, Poore has received fifty-six, which is a majority. Mr. Poore is, there­fore, duly elected as Secretary of this Con­vention.
Mr. Thomas G. Poore came forward, and was duly sworn by the President.
The PRESIDENT. The next thing in order is the election of Assistant Secretary. Mr. THOMAS H. HINES. I nominate
Mr. James B. Martin for the position of Assistant Secretary.
Mr. HOPKINS, I have the pleasure of placing the name of Mr. Spencer Cooper, of the county of Wolfe, before this honorable body for the office of As­sistant Secretary. It would, perhaps, b© just to myself and to this Convention to say that be was not a personal acquaint­ance of mine until yesterday; but the in­dorsement he brings from his people, and from those among whom he lives, is a .<-uf> ficient guaranty to authorize me to pre­sent him to you for this position, and to ask that this Convention give his claims a careful consideration.
Mr. KENNEDY. I place in nomina­tion the name of Hon. Gr. R. Keller. I did not propose to say any thing other than place the name of Mr. Keller before the Convention, but since the name of Mr. Martin has been presented for the same office, it seems to me that it is but fair tha those candidates who have not heretofore been voted for should now receive the support of the Convention. It hardly seems fair for a gentleman, however wor­thy he may be, to make one race, and then, after suffering defeat, to make a succeeding race for another place. It seems to me to be rather unfair, and I ap­peal to the fairness of this Convention that we have a fair division in the appoint­ment of officers in this Convention. ,
The PRESIDENT. There being no other nominations, they are closed.
The result of the first ballot was as fol­lows:
For Mr. Martin Allen, C. T.
Allen, M. K.
Amos, D. C.
Ayres, W. W.
Bennett, B. F.
Blackwell, Joseph Boles, S. H.
Brents, J. A.
Brummal, J. M.
Buchanan, Nathan Buckner, S. B.
Hines, J. S.
Hines, Thomas H. James, A. D. Jonson, Jep. C. Kirwin, E. E. Knott, J. Proctor Lewis, W. W. May, John S McElroy, W. J. McHenry, H. 3>. Miller, W. H.ORGANIZATION. 29
Tuesday,] Straus—W hitaker. • [September 9.
Bullitt, W.G. Burnam, Curtis F.
C lardy, John D. Coke, J. Guthrie. Cox, H.
English, Sam. E. Farmer, H. K. Forrester, J. G. Forgy, J. M.
Funk, J. T. Graham, Samuel Harris, Geo. C.
For Mr. Keller-:
Applegate, Leslie T. Askew, J. F. Beckham, J. C. Beckner, W. M. Berkele, Wm. Birkh'ead, B. T. Blackburn, James Bourland, H. R. Bronston, C. J. Brown, J. S. Carroll, John D. Chambers, G. D. Clay.’C. M., Jr. DeHaven, S. E. 'Doris; W.'F.
. Durbin, Charles Edcington, W. J. Elmore, T. J.
Field,; W. W. Glenn, Dudley A. Goebel, William Hanks, Thos. H. Hendrick, W. J. ;
For. Mr. Cooper: Auxier, A. J.
Hogg, S. P. . Hopkins, F. A. Jacobs, R. P.
Montgomery, J. F. Muir, J. W. , O’Hara E. H. Petrie, H. G. Phelps, John L. Bodes, Robert Smith, H. H. Smith, W. Scott Spalding, I. A. Twyman, I W. Woolfolk, J. F. Young, B. H.—46.
Holloway, J. W. Johnston, P. P. Kennedy, Hanson Lassing, L. W. Ma’ckoy, W. H. Martin^ W. H. McDermott, E. J. Miller, Will.
Moore, J. H.
Moore, Laban T. Nunn, T. J.
Phelps, Zack Pugh', Sam’l J. Ramsey, W. B. Sachs, Morris Straus, F. P. Trusdell, George Washington, George West, J, F. Whitaker, Emery Williams, L. P. V. Wood, J. M.—45.
Parsons, Bob’t. T. Pettit, Thos. S. Quicksall, J. E. Swango, G. B.—8.
The PRESIDENT. Mr. Cooper having received the lowest number of votes, will be dropped, according to the rule estab-r lished, and the Clerk will proceed to call the roll for the second ballot.
The second ballot was as follows:
For. Mr. Martin:
Allen, M. K. " . Amos, D. C.
Auxier, A. J.. ,
Ay ref, W. W. Blackwell, Joseph Boles, B. H.
Brents, J. A. Brummal, J. M.
Jacobs, R. P. James, A. D. Jonson, Jep. C. Kirwan, E. E. Knott, J. Proctor Lewis, J. W. Lewis, W.W. May, John S.
Buchanan, Nathan Buckner, S. B. Bullitt, W. G. Burnam, Curtis F. Clardy, John D. Coke, J. Guthrie Cox, H.
English, Sam. E. Farmer, H. H; Forrester, J. G. Forgy, J. M.
Funk, J. T. Graham, Samuel Harris, Geo. C.- Hines, J. S.
Hines, Thomas H. Hogg, S. P. Hopkins, F. A.
For Mr. Keller:
McElroy, W. J. McHenrv, H. D. Miller, W. H. Montgomery, J. F. Moore, J. H.
Muir, J. W. O’Hara, R. H. Petrie, H. G.
Pettit, Thos. S. Phelps, John L. Bodes,^Robert Sachs, Morris A. . Smith, H.- H.
Smith, W. Scott .Spalding, I. A. Twyman, I. W. Woolfolk, J. F. Young, B. H.—52
Allen, C. T. Hendrick, W-J.
Applegate, Leslie T. Holloway, J. W. Askew, J. F. ■ Johnston, P. P.
Beckham, J. C. Kennedy, Hanson
BeckneV, W. M. Lassing, L. W
Bennett, B. F. Mackoy, W. H.
Berkele, Wm. Martin, W. H.
•Birkhead, B. T. McDermott, E. J.
Blackburn, James Miller, Will.
Bourland, H. R. Moore, Laban T.
Bronston, C. J. Nunn, T. J.
Brown, J. S. Parsons, Rob’t T.
Carroll, John-D. Phelps, Zack ,
Chambers, G. D. ’ Pugh, Sam’l J.
Clay, C. M., Jr. Quicksall, J. E. DeHaven, S. E. Ramsey, W. R.
Doris, W. F. Straus, F. P.
Durbin, Charles Swango, G. B.
Edrington, W. J. Trusdell, George
Elmore, T. J. Washington, George
Field, W.W. West,J-F.
Glenn, Dudley A. • Whitaker, Emery Goebel, William _ Williams, L. P. V. Hanks, Thos. H. Wood, J. M.—48
.The PRESIDENT. Mr. Martin hav- ‘ tin haying received fifty-two votes—a majority of those cast—is duly elected As­sistant Secretary of this Convention.
Mr. James B. Martin came forward, and was duly sworn by the President.
The PRESIDENT. The next thing in order is the election of a Sergeant-at-Arms. , Mr. STRAUS. I desire to place in nomination Capt. Robert Tyler, of Bullitt county.- - .
Mr. WHITAKER. I desire to put in nomination Capt. Bart. Jenkins. .30 ORGANIZATION.
Tuesday,] W ood—Cakroll—Hehdrick. [September 9.
The PRESIDENT. If there are no
more nominations, the Secretary ■will pro­ceed to call the roll.
The vote resulted as follows:
Eor Mr. Tyler; Allen, G. T.
Amos, D. C. Applegate, Leslie! Auxier, A. J. Beckham, J. G. Beckner, W. M. Bennett, B. E. Berkele, Wm. Birkhead, B. T. Blackburn, James Bourland, H. R Bronston, C. J. Brummal, J. M. Burnam, Ourtis E. Carroll, John D. Chambers, G. D. Olardy, John D. Coke, J. Guthrie DeHaven, S. E. Durbin, Charles Elmore, T. J. Earmer, H. H. Glenn, Dudley A. Graham, Samuel Harris, Geo. C. Hendrick, W. J. Hopkios, E. A.
James, A. D. Jonsor, Jep. C.
'. Johnston, P. P. Kennedy, Hanson Knott, J. Proctor Lewis, J. W. Lewis, W. W. Mackoy, W. H. McDermott, E. J. McElrov, W. J. Miller, Will.
Miller, W. H. Muir, J. W.
Nunn, T. J.
Petrie, H. G. Phelps, John L. Phelps, Zaek Pugh, Sam’l J. Kamsey, W. R. Bodes, Robert Smith, H. H. Spaldinsr, I. A. Straus, F. P. Williams, L. P. Y. Wood, J. M. Woolfolk, J. E. YouDg, B. H.—54.
For Mr. J enkins:
Allen, M. K. Askew, J. E Ayres, W. W. Blackwell, Joseph Boles, S. H.
Brents, J. A. Brown, J. S. Buchanan, N athan Buckner, S. B. Bullitt, W. G.
Olay, C. M., Jr.
Cox, H.
Doris, W. E. Edrington, W. J. English, Sam. E. Field, W. W. Forrester, J. G. Eorgy, J. M.
Funk, J. T.
Hanks, Thos. H. Hines, J. S.
Hines, Thomas H. For Mr. Walker;
Hogg, S. P.
Holloway, J. W. Jacobs, R. P.
Kirwin, E. E. Lassing, L. W. Martin, W. H. McHenry, H. D. Montgomery, J. F. Moore, J. H.
Moore, Laban T. O’Hara, R. H. Parsons, Rob’t T. Pettit, Thos. S. Quicksall, J. E.
Sachs, Morris A. Smith, W. Scott Swango, G. B. Trusdell, George Twytnan, I. W. Washington, George West, J. E. Whitaker, Emery—44
Goebel, William—1.
The PRESIDENT. Mr. Tyler having received 54 out of 98 votes cast, is duly elected Sergeant-at-Arms of this Conven­tion.
Mr. Tyler came forward and was sworn by the President.
The PRESIDENT. The next thing in order is the election of a Door-keeper.
Mr. WOOD. I desire to place in nom­ination one whom I conceive to be one of the best men we have in the country, and all I shall say for him is, that he is com­petent. I place in nomination Mr. W J. Bale.
Mr. CARROLL. I place in nomination Mr. Smith Cook.
Mr. HENDRICK. I desire to place in nomination Mr. H. C. Sullivan, of the county of Lawrence.
Mr. BOURLAND. I desire to place in nomination Mr. A. W. Holloman.
Mr. SPALDING. With the permis­sion of this Convention, I place in nomina­tion Mr. H. 0. Elliott, of the county of Nelson.
Mr. YOUNG. I desire to place in nom ination Mr. R. T. Haley, of Louisville.
Mr. J. S. HINES. I desire to place in nomination Mr. Nathan L. Moore.
The PRESIDENT. There being no further nominations, they are closed.
The result of the first ballot was as follows:
Eor Mr. Haley:
Allen, M. K. Applegate Leslie T. Bronston, 0. J. Chambers, G. D. Coke, J. Guthrie Elmore, T. J. English, Sam. E. Funk, J. T.
Glenn, Dudley, A. Harris, Geo. C. Johnston, P. P. Kirwin, E. E.
McDermott, E. J. Miller, Will Miller, W. H. Moore, J. H.
Petrie, H. G.
Rodes, Robert Sachs, Morris Trusdell, George Washington, George West, J. F. Woolfolk, J. F. Young, B. H,—24.,
For Mr. H. C. Elliott:
Amos, D. C. Forgy, J. M.
Beckner, W. M. Graham, SamuelORGANIZATION. 31
Tuesday,] Election of Officers. [September 9.
Berkele, "Wm. Birkhead, B. T. Brown, J. S. Buchanan, Nathan Bullitt, W. G. Burnam, Curtis E. Durbin, Charles Edrington, W. J.
McElroy, W. J. Muir, J. W.
Pettit, Thos. S. Phelps, Zack.
Smith, H. H. Spalding, I. A. Straus, E. P. Twyman, I. W.—20.
Eor Mr. H. C. Sullivan:
Auxier, A. J. Bennett, B, E. Clav, C. M., Jr, Field, W. W. Eorrester, J. G. Hendrick, W. J. Hogg, S. P. Hopkins, E. A.
.Kennedy, Hanson Lewis, J. W. Martin, W. H. Moore, Laban T. O’Hara, R. H. Parsons, Rob’t T. Pugh, Sam’l J. Quicksall, J. E.—16.
Eor Mr. Holloman:
Allen, 0. T. Ayres, W. W. Boles, S. H. Brents, J. A. Clardy, John D. Doris, W. E. Earmer, H. H. James, A. D.
Jonson, Jep. C.
Lewis, W. W.
Majr, John S. McHenry, H. D. Nunn, T. J.
Phelps, John L. "Whitaker, Emery "Williams L. P. Y.-16.
Eor Mr. Smith Cook:
Askew, J. E. Beckham, J. C. Blackwell, Joseph Bronston, C. J. Carroll, John D. Cox, H.
DeHaven, S. E. Goebel, William Holloway, J. W. Jacobs, R- P-
Lassing, L. W. Mackoy, W. H.—12.
Eor Mr. W. J. Bale:
Boles, S. H. Montgomery, J. E.
Buckner, S. B. Smith, W. Scott Knott, J. Proctor Wood, J. M.—6. Eor Mr. Nathan L. Moore :
Blackburn, James Hines, J. S.
Hanks, Thos. H. Hines, Thomas H.—4
Eor Mr. Baker:
Ramsey, W. R.—1. '
The PRESIDENT. The name of Mr. Nathan L. Moore, who has received the smallest number of votes on the last ballot, is, according to the rule, dropped, and the Clerk will proceed to call the roll for the second ballot.
The second ballot resulted as follows: Eor Mr. Bale:
Boles, S. H. Ramsey, W. R. '
Buckner, S. B. Smith, W. Scott Knott, J. Proctor Twyman, I. W. Montgomery, J. E. Wood, J. M.—8.
Eor Mr. Cook:
Askew, J. E Beckham, J. C. Blackburn, James Blackwell, Joseph Bronston, C. J. Carroll, John D. Cox, H.
DeHaven, S. E.
Eor Mr. Sullivan: Auxier, A. J.
Eield, W. W. Eorrester, J. G. Hendrick, W- J. Hogg, P. P.
Hopkins, E. A. Kennedy, Hanson Lewis, J. W.
Eor Mr. Holloman Allen, O. T.
Ayres, W W. Bennett, B. E. Bourland, H. R. Brents, J. A.
Clardy, John D. Olay, C. M., Jr. Doris, W. E.
Goebel, William Hanks, Thos. H. Hines, Thomas H. Holloway, J. W. Jacobs, R. P.
' Lassing, L. W. Mackoy, W. H.—15,
Martin, W. H.
Moore, Laban T. O’Hara, R. H. Parsons, Rob’t T. Pugh, Sam’l J. Quicksall, J. E. Whitaker, Emery Williams, L.P.Y.—16>
Earmer, H. H. James, A. D.
Jonson, Jep. C. Lewis, W. W. McHenry, H. D.
N unn, T. J.
Phelps, John L.—15
Eor Mr. Elliott: Amos, D. C. Beckner, W. M. Berkele, Wm. Birkhead, B. T. Brummal, J. M. Buchanan, Nathan Bullitt, W. G. Burnam, Curtis E. Durbin, Charles Edrington, W. J.
Eor Mr. Haley: Allen, M. K. Applegate, Leslie 9 Brown, J. S- Chambers, G. D. Coke, J. Guthrie Elmore, T. J. English, Pam. E. Eunk, J. T.
Glenn, Dudley A. Harris, Geo. 0. Hines, J. S. Johnston, P, P. Kirwan, E. E.
Eorgy, J. M. Graham, Samuel McElroy W. J. Muir, J. W. Pettit, Thos. S. Phelps, Zack Smith, H. H. Spalding, I. A. Wood, J. M.—19.
May, John S.
'. McDermott, E. J. Miller, Will.
Miller, W. H. Moore, J. H.
Petrie, H.. G.
Bodes Robert Sachs, Morris Trusdell, George Washington, George- West, J. E. Woolfolk, J. E.—25..
The PRESIDENT. The name of Mr.. W. J. Bale, who has received the lowest- number of votes on the last ballot, is, ac­cording to the rule, dropped, and the Clerk32 ORGANIZATION.
Tuesday,] Election- of Officers. [September 9.
will proceed to call the roll for the third ballot.
The third ballot resulted as follows :
For Mr. Haley:
Allen, M. K. Applegate, Leslie T. Brown, J. S. Brummal, J. M. Buckner, S. B.
Coke, J. Guthrie Elmore, T J. English, Sam. E. Eunk, J. T.
Glenn, Dudley A. Harris, Geo. 0. Hines, J. S.
James, A. D. Johnston, P. P.
Eor Mr. Elliott: Amos, D. 0. , Beckner, ‘W. M. Berkele, Wm, Birkhead, B. T. Bullitt, W. G. Burnam, Curtis E, Durbin, Charles Edrington, W. J. Eorgy, J. M. Graham, Samuel Knott, J. Proctor
Kirwan, E. E.
Mdy, John S. McDermott, E. J. Miller, Will.
Miller, W. H. Moore, J. H.
Petrie, H. G.
Bodes, Robert Sachs, Morris Trusdell, George Washington, George West, J. E. ' Young, B. H.—27.
McElroy, W. J.
Muir, J. W.
Pettit, Thos. S. Phelps, Zaek Smith, H. H. Spalding, I. A.
Straus, E. P. Twyman, I. W. Wood, J. M. Woolfolk, J. E.—21.
For Mr. Holloman:
Allen, C. T.
Ayres, W. W. Bourland, H. R. Brents, J. A. Buchanan, Nathan Chambers, G. D. Clay, C. M., Jr.
Eor Mr. Sullivan: Auxier, A. J. Bennett, B. E.
Eield, W. W. Eorrester, J. G. Hendrick, W. J. Hoger, S. P.
Hopkins, E. A. Kennedy, Hanson Lewis, W. W. Martin, W. H.
Eor Mr. Cook: Askew, J. E. Beckham, J. C. Blackburn, James Blackwell, Joseph Boles, S. H. Bronston, C. J.
Doris, W. E. Earmer, H. H. Jonson, Jep. C. Lewis, W. W. Montgomery, J. E. Nunn, T. J.—13.
McHenry, H. D. Moore, Laban T. O’Hara, R.H. “ Parsons, Rob’t Tl Phelps, John L. Pugh, Sam’l J. Quicksall, J. E. Smith, H. H. Whitaker, Emery Williams, L.P.V.—20
Goebel, William Hanks, Thos. H. Hines, Thomas H. Holloway, J. W. Jacobs, R. JP.
Lassing, L. W.
Carroll, John D. Mackoy, W. H.
Cox, H. Ramsey, W. R.—17.
DeHaven, S. E.
The PRESIDENT. The name of Mr. A. W. Holloman, who has received the lowest number of votes on the last ballot is, according to the rule, dropped, and the Clerk will proceed to call the roll for the fourth ballot.
The fourth ballot resulted as follows : For Mr. Haley:
Allen, M. K. Applegate, Leslie T. Bourland, H. R. Brown, J. S. Buckner S. B. Chambers, G. D. Coke J. Guthrie Elmore, T. J. English, Sam. E. Eunk, J. T,
Glenn, Dudley A. Harris George C. Hines, J. S.
James, A. D. Johnston, P. P.
Kirwan. E. E.
May, John S. McDermott, E. J. Miller Will.
Miller, W. H. Montgomery, J. E. Moore J. H.
Petrie, H. G.
Rodes. Robert Sachs, Morris A. Trusdell, George Washington George West, J. E. Woolfolk, J. F.—29.
Eor Mr. Elliott:
Allen ■0. T.
Amos, D. C.
Beckner, W. M. Berkele "Wm. Birkhead, B. T. Brummal, J. M. Bullitt, W. G. Burnam, Curtis F. Durbin Charles Edrington, W. J. Earmer, H. H.
Eorgy, J. M.
Graham, Samuel Jonson, Jep. C.
For Mr. Sullivan:
Knott J. Proctor Lewis W. W. McElroy W. J. McHenry, H. D. Moore, Laban T. Pettit, Thos. S. Phelps Zack Smith, H. H. Spalding, I. A. Straus, E. P. Twyman I. W. Wood, J. M. Woolfolk, J. E.—27.
Auxier, A. J. Bennett, B. E. Brents, J. A. Buchanan, Nathan Clay, C. M., Jr. Doris, W. E.
Eield, W. W. Eorrester J. G. Hendrick, W. J. Hogg,S.k Hopkins, E. A. Kennedy, Hanson
Eor Mr. Cook: Askew, J. E.
Martin, W. H.
Muir, J. W.
O'Hara, R. H. Parsons, Rob’t T. Phelps, John L.
Pugh Sam’l J. Quicksall, J. E. Ramsey, W. R.
Smith W. Scott Whitaker Emery WilliamSjL.P.V.—23
DeHaven, S. E.ORGANIZATION. 33
Tuesday,]
Election of Officers.
[September 9.
Ayres, W. W. .Beckham, J. 0. Blackburn, James Blackwell, Joseph Boles, S. H.' Bronston, C. J. Carroll, John D. Clardy John D. Cos, H.
Goebel, William Hanks, Thos. H. Hines Thomas H. Holloway, J. W. Jacobs, R. P. Lassimr L. W. Mackoy, W. H. Nunn, T. J.—19.
The PRESIDENT. The name of Mr Smith Cook, who has received the lowest number of votes on the last ballot, is, according to the rule, dropped; and the Clerk will proceed to call the roll for the next ballot.
The result of the fifth ballot was as follows?
For Mr. Haley:
Allen, M. K. Jonson, Jep. C.
.Applegate, Leslie T. Johnston, P. P.
Askew, J. P. Blackburn, James Blackwell, Joseph Bourland, H. R. Brown, J. S. Buckner, S. B. Chambers, G. D. Coke, J. Guthrie •Cox, H.
Elmore, T. J. English, Sam. E. Punk, 'J. T.
Glenn, Dudley A. Harris Geo. 0. Hines, Thomas H. James, A. D.
Por Mr. Elliott:
Allen, C. T.
Amos, D. C. Beckham, J. C. Beckner, W. M. Berkele, Wm. Birkhead, B. T. Bronston, C. J, Brummal, J. M. Buchanan, Nathan Bullitt, W. G. Burnam, Curtis P. Carroll, John D. Clardy, John D. DeHaven, S. E. Durbin, Charles Edrington, W. J. Parmer, H. H. Porgy, J. M.
3
Kirwan, E. E. Lassing, L. W. Mackoy, W. H. May, John S. McDermott, E. J. Miller, Will Miller, W. H. Montgomery, J. P. Moore, J. H.
Petrie, H. G.
Rodes, Robert Sachs, Morris A. Trusdell, George Washington, George West, J. P.
Young, B. H.—36.
Graham, Samuel Holloway, J. W. Jacobs, R. P.
Knott, J. Proctor Lewis, W. W. McElroy, W. J.. McHenry, H. D. Muir, J. W.
Nunn, T. J.
Pettit, Thos. S. Phelps, Zack.
Smith, H. H.
Straus, F. P. Twyman, I. W. Wood, J. M. Woolfolk, J. F._35.
Por Mr. Sullivan:
Auxier, A. J. Ayres, W. W. Bennett, B. F. Brents, J. A. Clay, C. M., Jr. Doris W. P. Field, W. W. Forrester, J. G. Goebel, William Hanks, Thos. H. Hendrick. W. J. Hines, J. S. Hogg, S. P. Hopkins, P. A.
Kennedy, Hanson • Lewis J. W.
Martin, W- H.
Moore Laban T. O’Hara, R. H. Parsons, Roh’t T. Phelps, John L.
Pugh Sam’l J. Quicksall J. E. Ramsey, W. R.
Smith, W- Scott Swango, G. B. Whitaker, Emery Williams, L.P.Y.—28
The PRESIDENT. The name of Mr. H. C. Sullivan, who has received the low­est number of votes on the last ballot, is, according to the rule, dropped, and the Clerk will proceed to call the roll for the next ballot.
The result of the sixth ballot was as fol­lows :
For Mr. Haley:
Allen, M. K. Applegate, Lestie T. Askew, J. P. Auxier, A. J.
Ayres, W. W. Bennett, B. P. Blackburn, James Blackwell, Joseph Boles, S. H. Bourland, H. R. Brents, J. A.
Brown, J. S. Buckner, S. B. Chambers, G. D. Clay, C. M., Jr. Coke, J. Guthrie Cox, H.
Doris, W. P. Elmore, T. J. English, Sam. E. Field, W. W.
Punk, J. T.
Glenn, Dudley A. Goebel, William Hanks, Thos. H. Hendrick, W. J. Hines, J. S.
Hines, Thomas H.
Por Mr. Elliott:
Allen, C. T.
Amos, D. C.
Holloway, J. W. James, A. D.
Jonson, Jep. C, Johnston, P. P. • Kennedy, Hanson Kirwan, E. E. Lassing, L. W. Mackoy, W. H. May, Jonn S. McDermott, E. J, Miller, Will. - Miller, W. H. Montgomery, J. P. Moore, J. H.
Moore, Laban T. Petrie, H. G.
Pugh, Sam’l J. Ramsey, W. R, Rodes, Robert Sachs, Morris A. Smith, W. Scott Swango, G. B. Trusdell, George Washington, George West, J. P. Whitaker, Emery Young, B. H.—55.
Hogg, S. P. Jacobs, R. P.84 ORGANIZATION.
Tuesday.] McDermott—English—McHenry—Moore. [September 9..
Beckham, J. 0.
Beekner, W. M.
Berkele, ¥m.
Birkhead, B. T.
Bronston, O. J.
Brummal, J. M.
Buchanan, Nathan Bullitt. W. G-.
Burn am, Curtis F.
Carroll, John D.
Clardy, John D.
DeHaven, S. E.
Durbin, Charles Edrington, W. J.
Farmer, H. H.
Forrester, J. G.
Forgy, J. M.
Graham, Samuel Harris, Geo. C.
Quicksall, J. E.
The PRESIDENT. Mr. R. T. Haly having received the largest number of votes on the last "ballot, is duly elected Door-keeper of this Convention.
Mr. R. T. Haly came forward and was duly sworn in by the President.
Mr. MeDERMOTT. I move that we adjourn until to-morrow at 10 o’clock.
Mr. ENGLISH. I move that a Com- 'mittee composed of twelve Delegates, he ap­pointed by the Chair, to draft suitable rules to govern the proceedings of this Conven­tion
Mr. McHENRY. I move to amend that by adding, “and that this he made a special order for to-morrow morning after the reading of the Journal.”
Mr. L, T. MOORE. I offer an amendmen to that.
Mr. Moore’s resolution read as follows:
Resolved, That a Committee composed of twelve (12) Delegates he appointed by the Chair to prepare and report suitable rules to govern the actions of this Conven­tion.
The PRESIDENT. The original prop­osition was offered hy the Delegate from Jefferson county. One amendment to that is allowable; and one amendment to that amendment; so that the proposition offered J
by the gentleman from Jefferson county is in order, and also the substitute to the- proposition offered by the Delegate from Ohio. The other motion is not in order unless it be made as an amendment to- tbe substitute.
Mr. McHENRY. I move that the res­olution be made a special order after the election of Reporter to-morrow morning.
Mr. HENDRICK. Under that resolu­tion, for which I propose to vote, I desire to have read two motions for the informa­tion of the Convention.
The PRESIDENT. The motion to ad­journ has not been withdrawn.
The SECRETARY. The gentleman from Carroll sends to the desk a resolution.
Resolved, That the President appoint a Committee on Rules, to be composed of ten members, one from each Constitutional District, and the President of the Conven­tion shall be the Chairman of said Com­mittee.
Resolved, That said Committee shall re­port rules for the government of this Convention, together with the names of the several Committees necessary to facil­itate the work of forming a Constitution.
Mr. McDERMOTT. I now insist upon the motion to adjourn until 10 o’clock to­morrow morning.
The motion to adjourn until 10 o’clock to-morrow morning was thereupon put to the House, and lost.
Mr. McHENRY. What is in order now ?
Mr. DeHAYEN. I think we have done a good work thus far this mornin,g and I move that we adjourn, to meet again at 8 o’clock to-night.
The motion of the Delegate from Old­ham to adjourn, to meet again at 8 o’clock to-night, was, upon a vote, declared to have been lost.
Mr. HENDRICK, I desire to offer the following resolutions:
The said resolutions are as follows :
Knott, J. Proctor Lewis, J. W.
Lewis, W. W. Martin, "W. H. McElroy, W. J. McHenry, H. D. Muir, J. W.
Nunn, T. J.
O’Hara, R. H. Parsons, Rob’t T. Pettit, Thos. S. Phelps, Zack.
Smith H. H. Spalding, I. A. Straus, F. P. Twyman, I. W. Williams, L. P. V. Wood, J. M. Woolfolk, J. F.—43.ORGANIZATION. 35
Tuesday,] ’ Mackoy—K nott—Sachs—Smith—H endbick. [September 9.
Resolved, That a board of five members of this Convention be now chosen, as pro­vided by law, to determine the contest be­tween J. W. Lewis and W. C. MeChord, of the county of 'Washington, ior a seat in this body.
Resolved, That the Auditor of Public Accounts be directed to draw his warrant upon the Treasurer, in favor of G. W. Castle, for ten dollars, for two days’ serv­ices as Sergeant-at-Arms during the organ­ization of this Convention.
The PRESIDENT. These resolutions are merely read for information. The next thing in order is the election for Re­porter. .
Mr. MACROS'. I nominate for the office of Reporter for this convention Mr. Philip NY Myers, of the City of Coving­ton ; and I desire to say in his behalf that he is a young man, entirely capable in his special department, attentive to his duties, and the incarnation of hard labor; and if he is elected Reporter of this Convention, the members will find him polite, obliging, and always attentive to his duties.
Mr. KNOTT. I am satisfied, sir, from the limited experience I have had in parlia­mentary assemblages, that there can be no more important subordinate official to this body than the Reporter of its proceedings. Without uttering a syllable in disparage­ment of the claims and merits of any other gentleman, I desire to nominate for this position Mr. Clarence E. Walker, of Louisville, knowing him to be an accom­plished and reliable stenographer, who will make for this Convention as accurate and honest a report as perhaps any other of his profession could possibly do. Mak­ing these remarks, I say confidently that they will he verified, if necessary, by the gentlemen of the bar of Louisville, who have long known Mr. Walker as Official Reporter of the courts of that city.
Mr SACHS. In seconding Gov. Knott’s nomination of Mr. Walker, and as he has specially called upon the mem­bers of the bar of Louisville to verify
bis statement as to Mr. Walker’s ability, I will simply state that, as an active mem­ber of that bar, I know the fact that Mr. Walker has reported the court proceedings of the city for many years, to the entire satisfaction, so far as I know, and so far as I have heard, of the members of the bar and the courts of the city of Louisville. I can cheerfully join Gov. Knott in all he says as to honesty, industry and capacity for work, and the manner in which that work has always been done, to the entire satisfaction of all those with whom Mr. Walker has been brought in contact. I also join Gov. Knott in saying that it is a matter of a great deal of importance to have, besides industry and honesty, accur­acy ; and I will say I believe that Mr. Walker has not his superior in America as a stenographer.
Mr. H. H. SMITH. Born and raised, as he was in the county of Hardin, the county that I represent, I wish to second the nomination of Mr. Walker for the position of Official Reporter of this Con­vention. At one time myself a Reporter, and having known Mr. Walker in that capacity, I have a knowledge sufficient to enable me to say I believe that Mr. Walk­er has no superior as a Reporter in the State of Kentucky or anywhere. He has been an Official Reporter of the courts of Louisville for -several years. He has re­ported many of the most important cases in the State, and he has always been found able, painstaking and efficient in bis labors. I therefore second his nomination with pleasure.
Mr. HENDRICK. I desire to second the nomination of Mr. Myers, of Coving­ton. I have known him a long time. He is the Official Stenographer of the courts in that city; is a gentlemen of stainless character; and without disparagement tc any gentleman who has been named, be is the equal of any Stenographer in the country. I know him thoroughly, and I do not hesitate to sav to this Convention,36 ORGANIZATION.
Tuesday,] Bronston—McH enry—Bucknrr. • [September 9 *
and to every member of it, that they could not elect a better Stenographer than Mr Myers. • ■ .
Mr. BRONSTON. Injustice to merit, and for that purpose alone, I desire to supplement the remarks of the Delegate from Fleming in behalf of Mr. Myers, of ■Covington. It is my misfortune in court practice to speak with great rapidity, and I desire to say to this Convention that Mr. Myers, of Covington, with the assistance, as I am informed, of a mechanical instru­ment of his own invention, which I have seen practically used, is the most expert short-hand writer and reporter that it has been my pleasure in a long practice to know. I have no personal acquaintance with the distinguished young gentleman from Louisville, and, therefore what I say cannot be construed as disparaging the complimentary remarks that have been made of him; but'Ido say, however com­petent he may be, that no one could be found more competent, more reliable, and more expert than Mr. Myers, of Coving­ton. __
The PRESIDENT. Are there any fur­ther nominations? If not, nominations are closed.
The vote was thereupon taken upon the election of a Reporter, and resulted as fol­lows:
For Mr. Walker:
Kirwan, E. E.
Knott, J. Proctor Lewis, J. W.
May, John S. ' McDermott, E. J. McElroy, W. J. McHenry, H. D. Miller, W. H. Montgomery, J. F. Muir, J. W.
Nunn, T. J.
Parsons, Rob’t T. Petrie, H. G.
Pettit, Thos. S. Phelps, Zack Ramsey, W. R. Rodes, Robert
Allen, C. T.
Allen, M. K.
Amos, D. C.
Auxier, A. J. Beckham, J. C. Bennett, B. F. Berkele, Wm. Birkhead, B. T. Bfoles, S. H. iBrents, J. A. Buchanan, Nathan . Buckner, S. B. , Bullitt, W. G. Chambers, G. D. •Coke, J. Guthrie. IDeHaven, S. E. Durbin, Charles
Edrington, W. J. English, Sam. E. Forrester, J. G. Funk, J. T. . Hanks, Thos. H. Harris, Geo. C. Jacobs, R. P. James, A. D. Jonson, Jep. C.
Sachs, Morris A Smith, H. H. Smith, W. Scott Twyman, I. W. Williams, L. P. V. Wood, J. M. Woolfolk, j. iv. Young, B. H.—51.
For Mr. D Myers:
Applegate, Leslie T. Askew J. F.
Ayres W. W. Beckner, W. M. Blackwell, Joseph Bourland, H. R. Bronston, C. J. Brown, J. S. Brummal, J. M. Burnam, Curtis F. Carroll, John D. Clardy, John D. Clay, C. M., Jr. Cox, H. .
Doris, W. F. ‘ Elmore, T. Jl Farmer, H. H.
Field, W. W. Forgy, J. M.
Gleen, Dudley A. Goebel, William Graham, Samuel Hendrick, W. J. Hines, J. S.
Hines, Thomas H. Hogg, S. P. Holloway, J. W. Hopkins, F. A. Johnston, P. P. Kennedy, Hanson Lassing, L. W.
Lewis, W. W. Mackoy, W. H. Martin, W. H.
Miller, Will Moore, J. H.
Moore, Laban T. O’Hara, R. H. ■ Pugh, Sam’l J. Quicksall, J. E. Spalding, I. A. Straus, F. P.
Swango, G. B. Trusdell, George Washington, George West, J. F. • Whitaker, Emery—47
The PRESIDENT. Mr. Walker hav-- ing received a majority of the votes cast, is elected the Reporter of the Convention.
Mr. Walker thereupon came forward and was duly sworn.
Mr. McHENRY. I move that the res­olutions as heretofore offered, be made a special order for to-morrow morning at 10 o’clock.
Mr. BUCKNER. I move that we pro­ceed with the election of a Public Printer.
Mr. McHENRY. We have no right to elect a Public Printer, but we have a right to elect a Printer to this Convention, and I have no objection if the gentleman will so modify his motion that we go at once to the election. •
Mr. BUCKNER. I accept the amend­ment.ORGANZIATION. 37
Tuesday,] M oore—McH enry—Buckner—Bronston. [September 9.
The PRESIDENT. The Chair will state the motion. It is moved that this Conven­tion now proceed with the election of a Printer for the Reports and Debates of this Convention.
Mr. L. T. MOORE. Have we not a Public Printer.
Mr. McHENRY. The law prescribes there should be a Printer to the Conven­tion, and the motion is that we proceed to the election of a Printer to this Conven­tion.
The motion was put to the House and carried.
MR. BUCHNER. I nominate Mr. E. Polk Johnson for the position of Printer to this Convention.
There were no other nominations, and, upon motion, the rules were suspended, and the nomination of Mr. E. Polk John­son as Printer was made unanimous.
Mr. BRONSTON. It was evident from a vote very recently taken that this Con­vention would have been very glad to have elected both of the young gentlemen to the office of Reporter, and as it is equal­ly apparent that one cannot perform all the duties of that office, I now move that Mr. Myers, of Covington, be made Assist­ant Reporter of this Convention.
Mr. SWAN GO. I move to amend by inserting the name of J. H. Sublett.
Mr. McHENRY. I make the point of order that we have no right to elect any officers except those provided for by law.
Mr. CLARDY. The law provides that we may elect any officers that we choose.
The PRESIDENT. The Chair is of the opinion that the motions are in order.
Mr. McDERMOTT, I desire to say a word on the subject of the appointment of an assistant stenographer. I think the system of having one Reporter, and hav­ing him manage the department exclu­sively, and thus introducing something
like decorum and system into the office, will be much better than to elect any num­ber of assistants, who will be men of dif­ferent degrees of capacity in iheir profes­sion. If the Convention insists upon hav­ing the gentlemen whose names have been mentioned placed before the House, I de­sire to nominate Mr. John P. Cassilly, of Louisville, for the office of Assistant Re­porter to the Convention; but I think it would he better to leave the matter as it is, and leave to the Reporter elected by the House the right of selecting his own assistants. I have no objection to either of the gentlemen proposed, but it is a matter of great importance that this department of the convention should he conducted on systematic principles. You want one man to supervise the work, and he to employ his own assistants, whose abilities he knows, and whom he can assign to different speakers at differ­ent times, and who may report for a limited length of time. I think, however, that it is a matter of sufficient importance to jus­tify us-in postponing further its considera­tion until some future time,
Mr. BECKHAM. It seems to me that the first thing for us to decide is as to the power of the Convention in reference to the appointment of an Assistant Stenog­rapher, and the matter may, perhaps, be better determined at some future day. I, therefore, move that we adjourn until to-morrow morning at 10 o’clock.
The Convention thereupon, upon a vote, adjourned.
Wednesday, September 10, 1890.
The Convention met pursuant to adjourn­ment at 10 o’clock A. M.
Rev. Mr. Penick opened the proceedings with the following prayer: '
Most Gracious God; we humbly beseech
Thee, as for the people of the Common-
38 ORGANIZATION.
Wednesday,]
-wealth of Kentucky, so especially for their [Representatives in Convention here as­sembled, that Thou wouldst be pleased to direct and prosper all their doings to the advancement of Thy G-lory, the good of Thy Church, the safety, honor and welfare of Thy people, that all things may he so ordered and settled by their endeavors upon the best and surest foundation that peace and happiness, truth and justice, religion and righteousness may be estab­lished amongst us tor all generations, through Jesus Christ our Lord. Amen.
The Journal of yesterday’s proceedings was read and approved.
The PRESIDENT. The first thing in order will he the consideration of pending resolutions.
Mr. L. T. MOORE. I would like to have the resolution providing for the appointment of a Committee of ten mem­bers read.
The PRESIDENT. I would suggest to the Delegates, that when they offer resolu­tions or amendments, they put their names on the back, so that the Clerk can after­wards distinguish them.
Mr. Me HENRY. I do not understand from the reading of the Journal how these resolutions stand. Do they have prece­dence in the order in which they are offered.
The PRESIDENT. Yes.
Mr. HANKS. I desire to offer this paper, that it may he read for the informa­tion of the House. It is in the form of a res­olution.
The PRESIDENT. If there is no ob­jection, it can be read for information.
The resolution was read as foll