ONE HUNDREDTH DAY. THURSDAY, May 15, 1873. The Convention met at ten o'clock A. M. Mr. WALKER took the Chair as President pro tempore, and submitted the following communication, which was read by the Clerk: "Being necessarily absent from the Convention, I hereby, under the sixth rule, appoint the Hon. John H. Walker to act as President pro tempore until the adjournment to-morrow. W. M. MEREDETH, President. THURSDAY, May 15, 1873. Prayer by the Rev. Jas. W. Curry. The Journal of yesterday was read and approved. PETITIONS AND MEMORIALS. Mr. HAY presented a memorial of one hundred citizens of Allegheny county, praying for the acknowledgment of Almighty God and the christian religion in the Constitution of the State, which was laid on the table. Mr. MACCONNELL presented three petitions from citizens of Allegheny county of a like character, which were laid on the table. Mr. D. N. WHITE presented three petitions of citizens of Allegheny county of a like import, which were laid on the table. Mr. EDWARDS presented a petition of citizens of Allegheny county of a like import, which was laid on the table. ACCOUNTS FOR PRINTING. Mr. HAY. I move that we proceed to the further consideration of the resolutions appended to the report of the Committee on Accounts, which has been printed, so that the matter be disposed of. The motion was agreed to, and the Convention resumed the consideration of the first resolution reported by the Committee on Accounts, as follows: "Resolved, That no warrants be drawn for payments to the Printer of the Convention." The pending question being on the amendment offered by Mr. MacConnell to strike out the word "no" in the resolution, and to add the words, "for so much as he may from time to time be entitled to receive." Mr. President: Mr. MACCONNELL. When I offered the amendment yesterday morning, I had only given to the act of Assembly a cursory examination. On that examination I thought the committee Since that wrong in their construction. time I have examined it more carefully and I have come to the conclusion that I was mistaken and that the committee were right. Therefore I made a mistake when I offered the amendment. I therefore now ask to withdraw that amendment and offer another in its place. The PRESIDENT pro tempore. The delegate withdraws the amendment offered and asks to substitute what will be read by the Clerk. The CLERK. It is proposed to amend by adding to the end of the resolution the following words: "But the Committee on Accounts shall continue to ascertain and from time to time report to this Convention what sums may be due to the Printer, and copies of such reports, when approved by the Convention, shall be forthwith sent to the Auditor General by the Clerk.” Mr. J. W. F. WHITE. Mr. President: At the time the resolution was reported by the Committee on Accounts and Expenditures, I felt that the position taken by the committee was the true one. The reading of the law satisfied me that the late act of the Legislature made it the duty of the Auditor General to audit and settle the accounts of the Printer of the Convention. I have since learned, and it may be proper to state that fact here this morning, as our President is absent, that that also is the view of the President of the body. I felt it impossible for us, as a Convention, to settle and adjust finally the accounts of our Printer; and as we have a definite article of agreement with him, I felt that it was proper to refer that matter to the Auditor General of the State. At the same time I was unwilling, if it could be retained, that this Convention should let go entirely all hold or control of the printing and binding expenses the Convention. I feel, however, that it is impossible for us, even by appointing a committee that shall act after our Convention shall have finally adjourned, to settle and adjust this matter properly. It must ultimately be referred to the Auditor General. But the amendment proposed this morning by my colleague, (Mr. MacConnell,) it seems to me, ought to be accepted by the chairman of the Committee on Accounts and Expenditures, if he has the power to accept it. I trust he will think about it, and if he has the power to do so, I trust he will accept it, because it provides that our Committee on Accounts and Expenditures shall ascertain, as we progress, the amount due to the Printer under our contract, and report that to the Convention, and when approved by the Convention, that will be sufficient to the Auditor General, and he will pay and audit the account of the Printer on the re port of the Committee on Accounts and Expenditures, approved by the Convention. That will leave very little to be adjusted by the Auditor General after we adjourn, and that little must be left to him. We cannot meet as a Convention to approve the account of the Printer after the whole work is finally accomplished; but the Committee on Accounts and Expen ditures can make a calculation, and can report it up to time of our adjournment, leaving the balance to be adjusted by the Auditor General, in pursuance of the act of Assembly, on the reports that have been made to this Convention up to the time of adjournnment. I think that that would be carrying out the object of the act of Assembly, and would prevent any imposition or fraud, if gentlemen fear that such might be practiced. I trust that the pending amendment will be accepted by the chairman of the Committee on Accounts and Expenditures, and if that be done I think that the resolution thus amended would be passed without any further discussion in this body, particularly as I have been in formed that the view of the President of this Convention is in harmony with the report, and does not consider that it is his power or his duty to issue warrants for the payment of the Printer; and I suppose that this proposed amendment is all that can be done in the way of guarding against improper accounts. Mr. HARRY WHITE. Mr. President: I entirely concur with the views expressed by the delegate from Alleghney (Mr. J. F. White) in relation to this amendment. I do not sympathize with the reasons that prompted the delegate from Allegheny (Mr. MacConnell) who offered the amendment yesterday to withdraw that amendment to-day. I think he was right yesterday. I believe that a majority of the Convention was right on this question and the Convention of Accounts and Expenditures was wrong. I have just a word or two of explanation. I think that the Committee on Accounts and Expenditures have been sticking in the bark about this matter. The proposition lying now on the Clerk's desk is, practically, all we want to get at. All that this body practically wants to get at is the supervision of the accounts primarily of the State Printer by this Convention. The amendment offered by the delegate from Allegheny (Mr. MacConnell) will secure that object and will be in entire harmony with the practice of the government everywhere. Let me call the attention of the Convention to a matter that seems to disturb some persons. Some persons are perplexed as to the difference between certain accounts being settled by the Audipaid directly on the warrant of the pretor General and certain accounts being siding officer of a legislative body by the about that. I call the attention of the State Treasurer. There is no difficulty Convention to the eighth section of the act of 1811, where it is provided : "The State Treasurer shall pay all grants, salaries, annuities and pensions established by law, and make all other payments which are or shall be so fixed by law that the sum to be paid cannot be affected by the settlement of any account, nor increased nor diminished by the discretionary powers of the Auditor General and State Treasurer." This fixes the law by which the salaries of members are paid on the warrants of the presiding officers of the legislative bodies. The Auditor General cannot add to nor take from. But as to accounts like the accounts of the Public Printer, the Auditor General under the law first settles them. Then he transfers them over to the State Treasurer; the Treasurer then re-examines such accounts and returns them to the Auditor General, and warrants are drawn accordingly. Then at the end of every month the State Treasurer makes report to the Auditor General of all the expenditures which are made during the preceding month. That is the way it is managed, and that is the reason there was a different mode provided in the act of Assembly last year. Provision was made directly for the payment by the State Treasurer of the salaries of members of the Convention, because under the laws before they would be paid directly by the State Treasurer, and the only jurisdiction that the Auditor General had over them was, that at the end of every month they were returned to him as vouchers. The amendment offered by the delegate from Allegheny will secure all this natter. It will settle the accounts in a most reasonable basis, and as the Committee on Accounts and Expenditures have reported a resolution that so much has been done and so much is due to the State Printer, we should transfer to the Auditor General a certificate or resolution accordingly. I am in favor of the proposition as modified, and if any one doubts our full authority under the resolution to supervise the Printer's accounts I will offer an additional amendment. Mr. BROOMALL. Mr. President: I look upon the change that has been made by the modification of the amendment as somewhat remarkable. It is in fact giving up the whole question, but it is drawn in such a manner as to look as if we still retained some power over the State, Printer. We certify to the Auditor General that there is so much due and he pays no more attention to it, not being bound any longer to require the warrant of our President, than if it was so much waste paper. I have always said that legislative bodies are not dishonest, but I have also said that they are excessively manage able, and it is not difficult for a man of thirty years experience to obtain his way with an hundred and thirty-three good natured men such as we are. I knew when the State Printer made his appearance in this Hall yesterday that this thing would result exactly as it is going to result. From the very commencement he, having had years of experience in moulding and shaping legislative bodies, not making them dishonest but managing them, has been playing that game upon us.. Mr. MACCONNELL. Will the gentleman allow himself to be interrupted? He Mr. BROOMALL. Just hear me out and I will then answer any question. He has been playing that game upon us. would not take the printing at his own bid, but managed to get us good-naturedly to let him have it under his better contract with the State, allowing him for extras that we had cut off, and that he had cut off in his bid; and every time he has appeared here, it has been to get some boon from us He came here some four or five days ago, and the result was we were going to throw up all the business to himself and his Harrisburg He went away supposing it was safe. friends, to be managed as they liked. When the resolution came to be offered, here who desire to watch State offiit was considered by some gentlemen cials, as being somewhat snaky-not that the Committee on Accounts, in whom I have the highest confidence, had any idea of introducing a snake here, but that they had one imposed upon them, and opposition was made by the gentleman gentleman from Dauphin, (Mr. Macfrom Columbia, (Mr. Buckalew,) and the Veagh,) and others, upon the ground that the State Printer and his friends were mistaken in the law. I shall not argue the question whether or not they are mistaken. It is too plain for argument. There is not a question about it. Nobody but the State Printer could have put the construction that these gentlemen have put on that law; but it suited his purposes and that construction has been put upon it, not by the committee, because they are only asking this Convention to construe the law for their guidance. Now, sir, I am for the amendment offered by the gentleman from Allegheny (Mr. cation. I am for keeping this matter in MacConnell) yesterday, without modifipart with the power to audit the accounts our own hands. I do not intend myself to of the employees of this body until we are finally done. I do not propose to give up that power to anybody; and if I am the the amendment as it is now shaped and only man who so votes, I shall vote against will vote in favor of the amendment offered by the gentleman from Allegheny regard for the public purse will vote the yesterday, and I trust those who have any same way. had no conference or communication at Mr. MACCONNELL. I rise to say that I all with the State Printer on this subject, or with any person who came from him to me, so far as I know. The PRESIDENT pro tem. The question is on the amendment of the gentleman from Allegheny (Mr. MacConnell.) Mr. MACVEAGH. Let it be read. The CLERK read as follows: "But the Committee on Accounts shall continue to ascertain and from time to time report to this Convention what sums may be due to the Printer, and copies of such report, when approved by the Convention, shall be forthwith sent to the Auditor General by the Clerk." Mr. HARRY WHITE. I move to amend the amendment by adding the following clause: "And no payments shall be made to the State Printer without the previous authority of this Convention." Mr. LILLY. How will that authority be given? Mr. KAINE. By resolution. Mr. COCHRAN. I have no disposition at all to enter into any discussion on this question this morning. The amendment which has been offered by the gentleman from Allegheny (Mr. MacConnell) was, I thought, a fair proposition. It kept this matter within the control of the Convention as long as it possibly could be kept within its control, and I thought it was a fair and proper adjustmeut of the whole matter. We know what the views of gentlemen are on this subject, and we know what the difficulties are in the way of this particular matter. I hope, therefore, that the amendment to the amendment will not be adopted, but that the amendment of the gentleman from Allegheny will be agreed to as it stands. I think that will be entirely satisfactory to the Committee on Accounts, and it will impose upon them the necessity of examining these accounts up to the very time of the adjournment of the Convention. The amendment to the amendment was agreed to, there being on a division, ayes, forty-six; noes, twenty. The PRESIDENT pro tem. The question now is on the amendment as amended. Mr. HUNSICKER. Let it be read as it now stands. Mr. BOYD. I ask for the reading of the whole proposition as it will stand as amended. The CLERK read as follows: Resolved, That no warrants be drawn for payments to the Printer of the Convention; but the Committee on Accounts shall continue to ascertain and from time to time report to this Convention what sums may be due to the Printer, and copies of such report, when approved by the Convention, shall forthwith be sent to the Auditor General by the Clerk; and no payments shall be made to the State Printer without the order of this Convention. The amendment as amended was agreed to, there being on a division, ayes, fortynine; noes, twenty. On the question of agreeing to the resolution as amended, the yeas and nays were required by Mr. Lilly and Mr. Davis, and were as follow, viz: YEAS. Messrs. Ainey, Baer, Bartholomew, Beebe, Biddle, Bigler, Black, Charles A., Brodhead, Campbell, Carey, Carter, Clark, Cochran, Collins, Darlington, De France, Elliott, Ewing, Funck, Gibson, Guthrie, Hanna, Harvey, Hazzard, Hemphill, Heverin, Horton, Kaine, Lamberton, Landis, Lawrence, Long, MacConnell, MacVeagh, Mann, Metzger, Minor, Mitchell, Newlin, Patterson, D. W., Purviance, John N., Purviance, Sam'l A., Ross, Smith, H. G., Smith, Henry W., Stanton, Struthers, Turrell, Van Reed, Walker, Wetherill, Jno. Price, Wherry, White, Harry, White, J. W. F. and Wright-55. NAYS. Messrs. Achenbach, Alricks, Baily, (Perry,) Bailey, (Huntingdon,) Baker, Barclay, Bowman, Boyd, Broomall, Brown, Corbett, Corson, Craig, Curry, Davis, Dunning, Edwards, Ellis, Fulton, Gilpin, Hay, Hunsicker, Lear, Lilly, M'Clean, M'Culloch, M'Murray, Niles, Palmer, G. W., Patton, Pughe, Reed, Andrew, Russell and White, David N.-34. So the resolution as amended was adopted. ABSENT.-Messrs. Addicks, Andrews, Armstrong, Bannan, Bardsley, Black, J. S., Buckalew, Cassidy, Church, Cronmiller, Curtin, Cuyler, Dallas, Dodd, Fell, Finney, Gowen, Green, Hall, Howard, Knight, Littleton, M'Camant, Mantor, Palmer, H. W., Mott, Parsons, Patterson, T. H. B., Porter, Purman, Read, John R., Reynolds, Rooke, Runk, Sharpe, Simpson, Smith, Wm. H., Stewart, Temple, Wetherill, J. M., Woodward, Worrell and Meredith, President-43. The PRESIDENT pro tem. The second resolution will be read. The CLERK read as follows: "Resolved, That a copy of this report, and of the action of the Convention thereon, be transmitted to the Auditor General for his information; and that the Auditor General be also informed that Benjamin Singerly has been already paid the sum of five thousand dollars on account of printing done and books furnished for the Convention." The PRESIDENT protem. The question now is on a motion to postpone the consideration of this resolution for the present. Mr. J. M. BAILEY. Suppose the mo Mr. DARLINGTON. I presume that this tion to postpone is adopted, in what shape resolution is unnecessary now. will it leave the resolution? Mr. HARRY WHITE. Oh, no! Mr. DARLINGTON. I will ask the chairman of the Committee on Accounts and Expenditures if this resolution is not unnecessary now? The PRESIDENT pro tem. It can be brought up at any time. The question is upon the motion to postpone. The yeas and nays were required by Mr. Harry White and Mr. J. Price Wetherill, Mr. HAY. I regard it as necessary, and and were as follow, viz: think it should be passed. The resolution was agreed to. SALARIES OF MEMBERS. Mr. BAER. Mr. President:. I move that the resolution offered on Friday, the second of May, in relation to the compensation of members and officers of the Convention, be taken from the table and now considered. Mr. HARRY WHITE. I move that the resolution be postponed for the present. Mr. EDWARDS. What is the question? The PRESIDENT pro tem. The gentleman from Somerset moves to proceed to the consideration of a resolution offered on the second of this month, and the question is on a motion of the gentleman from Indiana (Mr. Harry White) to postpone the motion of the gentleman from Somerset. Mr. CLARK. I should like to have the resolution read. The PRESIDENT pro tem. It will be read. Mr. MACVEAGH. Let the Clerk state the resolution and the motion. YEAS. Messrs. Ainey, Alricks, Baily, (Perry,) Baker, Beebe, Biddle, Bigler, Black, Charles A., Boyd, Brodhead, Broomall, Campbell, Carey, Carter, Clark, Cochran, Corson, Darlington, Davis, Ellis, Ewing, Fulton, Funck, Gibson, Gilpin, Harvey, Hemphill, Hunsicker, Kaine, Lamberton, Landis, Lawrence, Lear, Lilly, MacConnell, MacVeagh, M'Clean, Minor, Newlin, Patterson, D. W., Purviance, Samuel A., Reed, Andrew, Ross, Smith, H. G., Smith, Henry W., Struthers, Walker, Wetherill, John Price and White, Harry-49. NAYS. Messrs. Achenbach, Baer, Bailey, (Huntingdon,) Barclay, Bartholomew, Bowman, Brown, Collins, Corbett, Craig, Curry, De France, Dunning, Edwards, Elliott, Guthrie, Hanna, Hay, Hazzard, Heverin, Horton, Long, M'Culloch, Mann, Metzger, Mitchell, Mott, Niles, Palmer, G. W., Patton, Pughe, Purviance, John N., Russell, Stanton, Stewart, The CLERK read the resolution as fol- Turrell, Wherry, White, David N., lows: "WHEREAS, The Legislature has repealed that portion of the act providing for calling a Convention to amend the Constitution, which fixed the salaries to be paid its members, and has appropriated the gross sum of five hundred thou sand dollars for salaries and the other ne cessary expenses of the Convention; therefore, be it Resolved, That the salaries of the members of the Convention are hereby fixed at —, and mileage at the rate of ten cents per mile circular, for not more than two sessions, (provided that the salary of the President shall be double that of the other members,) and that the Committee on Accounts be instructed to report a proposition, fixing the pay of the officers, for the consideration of the Convention." White, J. W. F. and Wright-40. So the consideration of the resolution was postponed for the present. ABSENT.-Messrs. Addicks, Andrews, Armstrong, Bannan, Bardsley, Black, J. S., Buckalew, Cassidy, Church, Cronmiller, Curtin, Cuyler, Dallas, Dodd, Fell, Finney, Gowen, Green, Hall, Howard, Knight, Littleton, M'Camant, M'Murray, Mantor, Palmer, H. W., Parsons, Patterson, T. H. B., Porter, Purman, Read, John R., Reynolds, Rooke, Runk, Sharpe, Simpson, Smith, Wm. H., Temple, Van Reed, Wetherill, J. M., Woodward, Worrell and Meredith, President43. USE OF THE HALL-EXPLANATION. Mr. CUYLER. I desire the permission of the House to say a single word of explanation. |