the different members not upon these commit Mr. TAPPEN-I remarked in the beginning I tees, to understand the subjects before they had no desire to press the passage of this resoluare called upon to act upon them. I think tion at this time; but I have a desire to elicit we should have the reports in many of these from the several committees a statement of about subjects of importance, at least a week or what time they will complete their labors. Their two before we are called upon to discuss and labors are matters of great importance to this vote upon them, and if these committees make Convention. And it is also important that we all possible haste now, for the first week or should have some report at an early day. I beg ten days, it would be a favor to the members of my friend from Albany [Mr. Harris] to believe I this Convention, who necessarily must vote upon have not the slightest intention of reflecting in these subjects, to have the necessary consultation any manner on these committees, and I do not with their constituents at home, whose views they think he will require me to disclaim that. It was learn by personal interviews or correspondence. not with any such purpose I offered the resoluIt will take two or three weeks, at least, to elicit tion. A great deal of time has been consumed public opinion on these subjects for the informa- by this Convention, and if we are to sit in judg tion of the Convention. It is with that view that ment upon the reports of those committees, they I ask the Committee on the Judiciary, the should be submitted at an early day. I have no Committee on Finance, and the Committee on desire to take a vote on the resolution to-day, Cities (and they are the most important commit-unless the Convention think proper to do so. I do 'tees of this Convention), to indicate to this Conven- not desire to appear as pressing these committees tion about what time they will require to finish their labors. Mr. BELL-Is this resolution amendable? The PRESIDENT-It is amendable. Mr. BELL-I would move, with the approbation of the mover, that the time be fixed for the 26th. Several members have been on two or more different committees and have given most of their attention to one particular committee, and are just entering upon the investigation of matters on the second. Mr. TAPPEN-I accept the amendment. Mr. HARRIS-The resolution as amended is equally objectionable to me as it stood originally. It implies, if it should be adopted, that this Convention supposes that the committees referred to in the resolution are not sufficiently diligent iu the discharge of their duties. I object to having any such vote of censure from this Convention. I believe the committee with which I am connected have been laboring as diligently as any committee of this Convention, and they cannot be stimulated by any such resolution as this to advance their labors more rapidly. I object to the passage of any such resolution as this by the Convention. It implies a censure toward these committees. Mr. HUTCHINS-I hope this resolution will not be passed. The first committee reported at the commencement of the session, and reported in great haste; and I think they gained nothing by making that report. So far as the reports have come in, I do not know that haste has advanced the action of the Convention after the report has been made. There are several reports now upon our table unacted upon, and they will probably consume at least ten days in their discussion. The report of the Committee on the Finances of the State must consume several days in discussion. We know that every committee that has not reported, no doubt has subjects to discuss, and it is a great deal better that these matters should be discussed in committee and the reports be made as perfect as possible, and that the committee be fully prepared to report their action to the Convention, so that when they do report their reports will not be picked to pieces by the Couvention. I think the resolution is a reflection on the committees, and I hope the gentleman will withdraw it. unnecessarily in the performance of their duty, but I have a desire that we should have some indication as to when we may have the result of their labors, and in that connection we have before us what took place here last evening. We were passing upon the report of the Committee on Town and County Officers; and we undertook to put in a provision which it was understood would be provided for in the report when it should be forthcoming from the Committee on the Government of Cities. Had the report of that committee been here last evening, it would have enlightened the Convention, and saved a couple of hours of the evening session given to the discussion of it. Mr. DALY-I understood the gentleman as intimating when he called the resolution up, that certain committees of the Convention were hold ing back their reports. I am very glad he has corrected that statement. On behalf of the committee on which I am acting, the Judiciary Committee, I will say that it has met nearly every day this Convention has been in session, and its labors during yesterday may be taken as an indication of their character. It met at half-past eight o'clock in the morning, and after that the members attended this Convention. It met again about four o'clock in the afternoon, and sat until nearly seven. It is laboring as diligently as it is in the power of any body of men to do, and I respectfully suggest that no committee can state beforehand when it will be able to report. It will report when its gets through with its labors, and its members are engaged diligently in the performance of those labors, and that is all that any one can ask. Mr. CURTIS-There can be no question that the Convention is extremely desirous to get through its business at the earliest moment, aud there also can be no question that for that very reason every committee is diligently at work. I speak for the committee with which I have the honor to be associated. We meet daily; we work with the utmost industry; we are not yet in receipt of information from some of the departments which we have asked to be submitted to us. The inevitable result of this resolution, if it is passed, will be simply that some of the committees will report before they are prepared to make such a report as the Convention have a in the next twenty years, for any greater length Mr. E. BROOKS-I move for the present that the resolution do lie on the table. The question was put on the motion of Mr. E. Brooks, and it was declared carried. Mr. POND-I wish to call up the resolution introduced by me the other day relative to the compensation of Senators while sitting in the trial of impeachment. The SECRETARY proceeded to read the resolution, as follows: Resolved, That the Committee on Revision, to whom has been referred the proposed article "On the Organization of the Legislature," etc., be inof said article by structed to amend section inserting therein, after the word "route," in the fifth line of said section, and before the word "the," the following: The question was then put on the resolution of Mr. Pond, and it was declared lost. Mr. SCHUMAKER-I am requested by Mr. Law to ask an indefinite leave of absence for him on account of illness. He has been sick for several days at the Delavan House. No objection being made, leave was granted. Mr. GRAVES-I ask that the vote taken yesterday on the resolution offered by Mr. E. Brooks, relating to secret ballot, be reconsidered. The PRESIDENT-The resolution is not in the possession of the Secretary, and the Journal upon which it was placed has been sent to the printer. The motion will be received, and lie on the table. Mr. BELL-I offer this resolution: "But the members of the Senate, when the Senate shall sit in the 'court for the trial of im-lution, as follows: -peachments,' shall receive such compensation therefor as may be provided by law." Mr. POND-The object of this resolution is to supply an omission in this article as adopted. The section, as it stands, only provides for the compensation of Senators, while they are acting in a legislative capacity, and it may be held as excluding all other compensation. In regard to the Speaker of the Assembly, who performs, it is suggested, more labor than any member, section seven provides for his additional compensation; but in regard to the members of the Senate, who constitute a portion of the court for the trial of impeachments, and have been engaged for long periods of time in that capacity, there is no compensation provided at all; and it seems to me, if there is to be a distinction between the Senate and the Assembly, this is making a distinction in the wrong way-giving the Senator, whose office ought to be equally as dignified as that of members of Assembly, less comparative compensation than members of Assembly should have under the provision. The object of the resolution. therefore, is to supply that omission, and allow members of the Senate, while acting in the court for the trial of impeachments, such compensation as may be provided by law. Mr. ALVORD-I believe, in the history of this State since 1846, under the present Constitution, the Senate of this State have been called in session for the trial of cases of impeachment but twice, and in both of these instances the entire amount of time exhausted by the Senators in their investigations would be included within one month. We have established the doctrine of paying a certain fixed sum to the Senators, and to the members of the lower house of the Legislature of this State. I hope there will be no way and no provision put into the Constitution of this State whereby any extra allowance or compensation shall be given, beyond the one fixed here by salary or per diem allowance, to any public officer. I see no necessity for it. The Senate will not be called for the performance of extra duty, probably Resolved, That when this Convention adjourn this day, it will adjourn until to-morrow morning at ten o'clock. Mr. GERRY-I would like to ask the gentleman who proposes this resolution what would be the effect of it, in view of the standing resolution of the committee to take a recess until two o'clock. Mr. BELL-The committee has seen fit to accept an invitation from a gentleman of this city to visit him this afternoon at five o'clock, and as we have been in session very constantly for the last week, it would be a little respite. The question was put on the motion of Mr. Bell, and it was declared carried. Mr. BAKER-At the request of Judge Masten, I ask leave of absence for him on account of sickness. No objection being made, leave was granted. Mr. L. W. RUSSELL-I move a reconsideration of the vote just taken. The Convention does not adjourn until to-night. It takes a recess at two o'clock. Mr. BELL-I object. Objection being made, the motion was ordered to lie on the table. Mr. ALVORD-I move that this Convention adjourn this day at two o'clock. The question was put on the motion of Mr. Alvord, and it was declared carried. Mr. SMITH-I ask leave of absence for myself for Monday and Tuesday next. No objection being made, leave was granted. Mr. S. TOWNSEND-I offer the following resolution: Resolved, That the Comptroller be requested to report to this Convention 1. The value per capita of all the real estate in the several counties of this State, as exhibited by the last official assessment and census. 2. The value per capita of all the personal estate. 3. The value per capita of the real estate ropresented by incorporated or associated capital. 4. The value per capita of the personal estate represented by incorporated or associated capital, Which was laid over for consideration under, that it will read, "corporations may be formed the rule. Mr. KRUM-I offer a resolution and ask that it lie on the table. The SECRETARY read the resolution, as follows: The Legislature may amend the charter of any corporation, but only within the provisions and purview of the general law under which the corporation was formed. The PRESIDENT-This resolution, by request of the mover, will lie on the table. The Convention then resolved itself into the Committee of the Whole, on the joint report of the Committee on Currency, Banking, Insurance, and Corporations other than Municipal, Mr. E. BROOKS, of Richmond, in the Chair. under a general law, but shall not be created or amended by special act, except for municipal purposes." Mr. BALLARD-If I have a correct understanding of the amendment of the gentleman [Mr. Bell] it is to strike out the last sentence of the section. The object the committee had in framing this section was to allow general laws to be changed from time to time by the Legislature, and likewise to allow special acts to be passed which appertain to municipal purposes, and to confine the action of the Legislature to those two classes of legislation, relating to corporations. This section, as reported, is the same as section one of article eight of the present Constitution, with the exception of striking out the words The SECRETARY proceeded to read the arti-"and in cases where, in the judgment of the cle reported by the joint committee, at the conclusion of which he proceeded to read the first section as follows: SEC. 1. Corporations may be formed under general laws, but shall not be created or amended by special act, except for municipal purposes. All general laws (and special acts) passed pursuant to this section, or which may have been heretofore passed, may be altered from time to time or repealed. Mr. BALLARD-In the printed report, the section does not precisely express what the Committee intended. I would like, with the consent of the committee, to have it read in the second paragraph all laws passed pursuant to this section "-striking out the word "general" and the words and special acts"-so that it will read, "all laws passed pursuant to this section or which may have been heretofore passed may be altered from time to time or repealed." Legislature, the objects of the corporation cannot be attained under general laws." If the members of the committee will look at the present Constitution they will see what the change is. It reads thus: "Corporations may be formed under general law, but shall not be created by special act except for municipal purposes, and in cases where, in the judgment of the Legislature, the object of the corporation cannot be obtained by general laws." That last expression is left out, and the reason that influenced the committee was that an end might be put to the granting of special privileges to a few persons by private statute, and likewise to relieve the Legislature from the countless applications for special charters, and the consequent attendance yearly of a thronging lobby; and it is believed by the committee that the tendency of striking out that clause would be to attain that object. All corporations, as now proposed, shall be formed under a general law, analogous to the law in regard to manufacturing and mining corporations, and Mr. BELL-It occurs to me, sir, that it is but of very little importance to pass general laws on any subject, if the Legislature shall have the pow-to confine special statutes relating to corporations er to repeal or alter them at pleasure. It does for municipal purposes, and it was believed by not seem to accomplish the object for which they the committee that that was necessary; that the are passed, and it has been notorious during the Legislature must have power in regard to muniexistence of the present Constitution that much of cipal corporations to pass special acts, and that the legislation in regard to cities, villages and this amendment, as we understand it, conforms corporations other than banking, have been to the report of another committee which has not altered and amended as if no such law existed. | yet been made in regard to the powers and duties My idea is to frame this provision very much like of the Legislature, that their proposed amendment the one in article eight, section seven, of the present contains a provision confining the action of the Constitution in regard to the general law on bank Legislature in regard to corporations to general ing. That general law was passed in accordance laws, while special acts are confined to municiwith the provision of the Constitution on that sub-palities, and thus keeping way from the Legislaject, and it has operated I think well. It has preven-ture the countless applications for special charters ted any legislation or amendment on that subject, and special rights. so that during the whole existence of this Consti- Mr. ALVORD-I am opposed to the amendtution we have had no special act in regard to ment of the gentleman from Jefferson [Mr. Bell] banking passed, nor have we found it necessary because it compels the enactment of general laws, to materially alter the general banking law, but which, after they shall be enacted by the Legislaso long as we retain a provision in the Constitu- ture for all practical purposes become parts of the tion that these general laws may be altered, amen- Constitution. That is the meaning if not the inded and repealed, we will have the same kind of tention of the amendment of the gentleman from legislation that we have had for the last twenty Jefferson [Mr. Bell]. That will be the practical years in respect to corporations. I should there-effect providing the courts shall construe the rights fore prefer that all corporotions and institutions of the Legislature as he seems to intend by his of this kind should be confined to general laws, amendment. It may be well enough to express and this is the object of my amendment which I now offer to strike out from the third line of the first section all after the word "purposes," so within the body of the Constitution as the committee have here, the right of the Legislature to alter, modify or repeal acts; but it strikes me that unless there is an express provision in the bo raised, the committee having this matter reConstitution to the contrary, they have, in ferred to them preferred to leave that section in the absence of denial that right in the Constitu- as it has been for the last twenty years, and while tion by intendment, or by implication such right, that the body which makes the law have the right, nothing being said to the contrary by their superiors, to alter, modify or repeal that law. In order to avoid all difficulty, it is well expressed here by the committee, that that power of repeal, alteration and modification shall reside in the Legislature, and it should reside there, as I said in the opening, if we do not want the general laws which they pass to become parts and parcels of the Constitution. reported by the committee, you will find that such action as this Convention took yesterday in providing for a large mass of local legislation, that that which has been a stigma and which has brought reproach upon the members of the Legislature of this State will be to a very great extent avoided. the committee thought that here was a great source of legislative corruption, I myself am not one of those who would travel from Dan to Beersheba and say all is barren. I believe there have been instances within these legislative halls within the last few years, even, of integrity and directness of purpose that does noble credit to the representatives of the State of New York. I, myself, an elector of this State, feel that in this Assembly I am represented, and I will not stand up here or elsewhere and say that the men I send Mr. BEADLE-In considering the eighth article here to represent me are men full of fraud and of the present Constitution, the committee to corruption. No, Mr. Chairman, I believe if the whom was referred the subject of corporations members of this Convention were enabled to come thought they discovered what has been so often here and look at all the influences and all the moreferred to here in this Convention, as the great tives brought to bear upon the representatives of source and cause of legislative corruption in the people here, they would be ready to say the that section, or in that portion of the first wonder is in what we have escaped, rather than section of the eighth article which has been that which has fallen upon the people of this stricken out by this committee, and famil- State. Sir, your committee believe, and I iarly styled "the India rubber clause." believe, that in the adoption of this secThey found such an opening there, and such elas- tion of the eighth article as it has been ticity, as a certain eminent legal gentleman once described as being one through which he could drive a coach and four, meaning thereby, I suppose, that figuratively he could drive four horses with a post-coach attached to them through it without injury either to the coach or to the article in question. I suppose if that learned gentleman had lived to this day, and this section of the arti; cle had been presented to him, he would have said, as familiar with the subjects around him, that he could run a locomotive and a train of cars through it and not injure the Constitution in the least. Such things have been done. Railroads, with all the appurtenances thereunto belonging, have by scores gone through this section of the eighth article of the Constitution, and yet there is no question but what the intent of the framers of the Constitution of 1846 was that acts specially conferring grants and valuable franchises should be excluded from the province of the Legislature. And if you refer to the acts of the year 1848, and for the few years subsequent, you will find the number of special acts very small. I think all of the acts passed by the Legislature of 1848 are comprised in less than three hundred and fifty. If you refer to the bills presented to the Legislature at the last session, particularly that branch that sits in this chamber, you will find over twelve hundred were presented, of which probably six hundred referred to special acts of incorporation showing that from 1847, the time of the adoption of the present Constitution, or the time it went into effect, till the present time, this special legislation had become a growing evil, and hence in the minds of the committee it was thought better to strike out entirely the portion referred to, and to leave in the body of the Constitution the portion to which the amendment of the gentleman from Jefferson [Mr. Bell] refers, to wit, allowing an amendment to all general laws that may be passed under this article. And although legal gentlemen here seem to agree in the fact that the power to enact a law carries with it the power to repeal, yet fearing that a question might Mr. KRUM-I was one who, with two others of the joint committee, united in the minority report against the provision which is now under consideration. I was one among those three who believed, and who yet believe, that it is utterly impossible under any general law or laws that may be passed to form corporations that shall meet all the wants and requirements of this great State. Now, what is proposed by the amendment of the gentleman from Jefferson [Mr. Bell]? Not only to leave that clause as reported by the majority of this joint committee as it now stands, but in addition thereto to say by Constitutional enactment, that after those general laws have once been passed, that the Legislature shall have no authority to alter or repeal them. Mr. BELL-Will the gentleman allow me to ask him a question? Mr. KRUM-Yes, if it does not come out of my time. The CHAIRMAN-There is no limit to time. Mr. BELL-Is the gentleman not of the opinion that the Legislature will possess the power to alter or amend a general law, whether it is expressed in the Constitution or not? With that understanding I made the amendment. Mr. KRUM-It may very well be that the Legislature would have that power, and it may be that the Legislature would not have it. I believe that our laws should make that power beyond all doubt and beyond all contingency; therefore, I would leave the clause in the Constitution. It may be bold in me, as against the sentiments that have been expressed by various delegates upon this floor, to stand up in my place and take the broad position that we cannot frame general laws under which incorporations may be had, to meet the wants and requirements of society. But nev- permitted to subscribe to the capital stock. Under ertheless, sir, whether it may be considered bold the general railroad law, towns cannot subscribe or whether it may not be considered bold. I have to the capital stock of railroads. Under the genmy ideas upon this subject, and I have the rea- eral law towns cannot become stockholders, and sons for the faith that is in me, and those reasons I believe it is now conceded, and well determined, I desire to present to this Convention. Now, to be the true way to build railroads, to permit gentlemen of this committee, I desire to call your towns along the line through which the road attention first to the general railroad law. There runs, benefited by the road, whose property is inis a provision within the general railroad law creased in value by reason of it, to become stockupon the statute books of this State which pro- holders in that road. How is that to be done hibits and forbids any railroad company to use under the general law? With regard to ferries iron in the laying of their rails that weighs less and bridges, there may be, and there are various than fifty-six pounds to the lineal yard. That cases in the State of New York, when it becomes provision was put into the general law for the necessary to create a monopoly in the building of reason that it was deemed unwise and unsafe to a ferry or a bridge. A certain corporation may be the traveling public to permit any railroad cor-willing to build a bridge at a certain point over a poration to use a rail of less than fifty-six certain river, provided it can get in its charter pounds to the lineal yard, and I presume every a specific provision that no one shall build member of this committee will say that that pro-another bridge or ferry within a certain distance vision was wise. Now, while we say that, will from the bridge or ferry it proposes to build. we also say that no railroad company can be Now, is it not right they should go to the Legisformed in the State of New York where it would lature and create that monopoly? Is it not right be wise to permit such a company to use a rail that the public should have the benefit, and that of a weight less than fifty-six pounds to the corporation should be protected in the use of the lineal yard. If it is wise to do so, the bridge so built, and which the public are sir; if the requirements of a railroad using, by the prohibition of another bridge within which is to be constructed are for a rail of less a certain distance? Can there be any general law than fifty-six pounds; if the community where it framed under which au incorporation of ferries runs desire to use such a rail; if the public safety and bridges can be built, by which it shall be said can be secured by a lighter rail; why not permit that within so far from the location_ of every the lighter rail to be used? Why not permit bridge, no other bridge shall be built? That must those parties who own the railroad, the railroad depend upon each particular case, and truly, it corporation itself, to go to the Legislature, and seems to me, that the Legislature is the proper upon such a state of facts as they may present to custodian of this discretion. Again, sir, in lookthat Legislature, get that Legislature to pass ing through the general acts of incorporations, a law authorizing them to use a rail of you find this provision, that the capital stock of a less weight? How can it be done, sir, no incorporated company shall be lessened save by special act? How can you put or diminished unless by application to the such a remedy in the general provision, in any Legislature. That is a wise provision. After general law which shall be applicable to every capital stock has once been fixed in amount, and case? We have a railroad in my town, the town after the stockholders have subscribed to it, on of Schoharie, running from that village to Central the faith of that capital stock, it is unwise that Bridge, built with light rails. We are running the capital stock should be diminished, unless for upon that railroad not a dummy, not a locomotive, cause shown. Who is the proper person or what but a small engine between a dummy and a loco- is the proper place to apply to for a reduction of motive. We came to the Legislature and the capital stock? Who but the Legislature of asked for power to use a rail of a weight less the State of New York, in whom all these questhan fifty-six pounds. The Legislature granted tions of discretion shall be centerd and left? us that right, and we use a lighter rail. Now, we find upon our statute book this general We are running our road with perfect provision also. It is deemed wise, and the Legissafety to the passengers and to the traveling pub-lature in their wisdom have enacted it-that no lic. We could not have built the road, because person shall, by his last will and testament, of its great expense, had we been compelled to devise to certain corporations more than one-half use a fifty-six pound rail. Again, our road is five of his property. That was deemed wise and miles long. The Legislature authorized us to proper; and perhaps no one upon this floor will take twenty-five cents from every person who find fault with that provision in the general law. traveled over it. Under our general railroad law Now, sir, some one desires to endow a college; our fare would be about ten certs. Now the rail- he desires to give his funds to that college, and road is paying its way, the community is satisfied when he comes to die he desires to will to it a to pay the fare; but if we could have obtained certain amount of his property, for instance, no special provision from the Legislature we could three-fourths of all he has got, after providing not run, nor could we have built our railroad. In for those depending upon his bounty or charity. looking through the various statutes of this State | Under the general provision, no right to do you will find various acts specially for the purposes I so can exist; and we find upon the statute have mentioned, and I ask gentlemen to point out book to-day an instance where a college in to me the manner in which those things can be obtained by general law. Again, railroads are built all over the State, and in the act of incorporation towns along the line of that road are the city of New York was incorporated, and Daniel Drew, by a special provision in the act of incorporation, was permitted to devise to that institution such portion of his property as he de |