FORTY-SECOND DAY (LEGISLATIVE DAY OF MARCH 11) MORNING SESSION. Mr. HALFHILL: After Mr. Weybrecht has fin- ished. THURSDAY} March 21, 1912. The PRESIDENT: We have been following, not The Convention met pursuant to recess, was called always consistently, the names on the list, but the presi­ to order by the president and opened with prayer by dent states that he would recognize the member from the Rev. F. B. Bishop of Columbus, Ohio. Allen [Mr. HALFHILL] next if there were no objection. The PRESIDENT: Gentlemen of the Convention: The question before the house is the Crosser resolution The president would ask the indulgence of the Conven­ with the three pending amendments. tion to make a very brief statement in reference to the Mr. PETTIT: I rise to a question of personal priv­ unfortunate episode of last evening. ilege. The president is aware that the proper form of stat­ The PRESIDENT: Does the gentleman from Stark ing the result of a vote on a question to recess is "The [Mr. WEYBRECHT] yield? motion seems to prevail, the motion prevails", because 1\1r. WEYBRECHT: No,_ sir; I will not. in that form a demand for a division may be made be­ Mr. PETTIT: But I rise to a question of personal fore the vote is finally announced. On the theory that privilege. after the vote is finally announced the Convention is re­ 1fr. WEYBRECHT: I would prefer not to yield. cessed and no further business in order, the president Mr. PETTIT: I want to know- did carelessly neglect to state the matter in that formal Mr. FARRELL: A point of order. way and announced the result of the vote, and after so Mr. PETTIT: You are not the chairman. announcing the result heard vigorous demands for di­ Mr. FARRELL: I am making a point of order to vision. At that instant the president wanted to yield the chair. to those demands, but was obsessed with the idea just The PRESIDENT: The gentleman from Stark has at the moment that the Convention was really recessed not yielded. and that he could not properly open the matter up again. Mr. PETTIT: As a matter of personal privilege I The mistake he made was in not having the presence of want to know if Rules 18 and 19, adopted by this Con­ mind to realize just then that since he had neglected to vention, have been repealed. Those rules read as fol­ give an opportunity for a demand for a division before lows: the vote was announced, he should have waived the tech­ Rule 18. Whenever a member is about to speak nicality and granted· the demand after the vote was an­ he shall rise from his seat and respectfully ad­ nounced. The mistake came at the end of a very tense dress himself to "Mr. President" and the presi­ m~ment of a very fatiguing day and certainly it was dent shall announce the member from the county qmte natural that the blunder should have incensed those he represents; and if there be more than one who may have felt that it was done designedly, and the member from such county, then by adding the president wishes to acknowledge that it was a mistake name of the member. and thank the Convention for correcting him. Rule 19. In all cases the memb'er who shall The member from Stark [Mr. WEYBRECHTl is now first rise and address the chair, shall speak first; recognized. but when two or more members shall rise at once, 1\11'. HALFHILL: \Vill the gentleman yield for just the president shall name the member who is to a moment? speak. 1\11'. WEYBRECHT: What for? Now, in violation of those rules, we have had a list :1\11'. HALFHILL: I want t6 make a request to be made up and we have to go up to the president and ask allowed to speak to the amendment of Mr. Lampson af- whether we can speak. I insist that those rules be rec­ ter the floor is yielded by the gentleman. ognized, and that we do not have to first go up and The PRESIDENT: The president will state unless bend the knee to be able to obtain the floor. there is objection, and he does not suppose there will be any, from those whose names are enrolled the The PRESIDENT: The president 'will state that president will recognize the gentleman from Allen [Mr. this matter of having a list has been done with refer­ HALFHILL] to speak on this matter, which is now in ence to all the questions that have been before us by different shape than it was when he spoke. common consent. If the Convention does not approve of this matter, the chair will be glad to make any change de- lVir. DOTY: There cannot be any question. The sired. question now is different from what it was when the Mr. PETTIT: I have not heard of any rules being member spoke, and he has his right to speak anyway. changed by the Convention. Mr. HALFHILL: That is the way I feel about it. I Mr. ANDERSON: Since this matter is up could not feel that the matter before the house is entirely new this be arranged? I have stated to the president and I and we desire to present such views as we have on this have stated to others that I am very desirious of intro­ matter. ducing a substitute prepared long before the Fackler sub- The PRESIDENT: The president was considering stitute or the amendment by Mr. Lampson, the amend- that the gentleman was requesting to be recognized- ment by Mr. Miller or the amendment by Judge Peck. 810 lVIarch 21, 1912. PROCEEDINGS AND DEBATES Btl Initiative and Referendum. Now it seems impossible for me to get that in by reason state carved out of the Northwest Territory. And right of a pre-arranged and rehearsed program before it came here I want to say that I have no patience with the on the floor of the Convention. Since the rule is as Mr. academic discussion that in the early days of this Con­ Pettit has read it, may we hope that hereafter we will not vention seemed to attach some importance to certain pro­ have any prearranged or rehearsed programs before we visions in the ordinance of 1787, in that the word "re­ come on the floor. publican" was co-extensive and identical with the word Mr. FACKLER: Did the gentleman from Stark yield "representative," and from this conclusion determined for this statement? that any other method of legislation is incompatible with Mr. ANDERSON : Yes. our form of government. The PRESIDENT: Does the gentleman from Stark The supreme court of the United States, in a late [Mr. WEYBRECHT] yield? decision of this very question, did not touch on the Mr. WEYBRECHT: No; I think you can have this merits of this contention, but merely passed it over to the discussion after I get through. I have yielded too much political department of the government, putting on con­ now. gress and the executive the burden of determining The PRESIDENT: The gentleman from Stark will whether a republican form of government is departed proceed. from when a state permits its voters to make some laws Mr. WEYBRECHT: Mr. President: Before enter­ directly, instead of depending exclusively on the agency ing into the discussion of this question I want to say a of a state legislature. few words personal to myself and the county which I In my judgment those who oppose the initiative and have the honor to represent. referendum on the ground only that it is not democratic, Possibly the people of no locality in the state hold in or not republican, and that the Convention is bound by higher veneration the splendid structure of constitutional the forms of legislation of the federal constitution, can­ government, builded by the fathers of the republic, than not maintain their position. On this point Thomas Jef­ the sons and grandsons of those who away back in the ferson wrote: pioneer days settled on the banks of the Mahoning, the Nimishillen and the Tuscarawas. It is estimated that No society can maintain a perpetual constitu­ from 1820 to 1850 over a million people of Teutonic na­ tion, or even a perpetual law. The earth belongs tivity emigrated to America. It was the era of revolu­ to the living generation; they may manage it then tion in Europe, and these people, growing tired of the and what proceeds from it as they please during arrogance of king and noble, tired of the hopeless strug­ their lives. gle for constitutional government, found in the land of their adoption that liberty that had been denied them in We who oppose direct legislation must find other rea­ the land of their birth. Here they built their homes and sons than those enumerated. Magna Charta was only reared their families; here they erected their altars and one step in the breaking down of monarchal privilege in buried their dead. Their strong arms and clear con­ favor of other aristocrats, but as a guarantee that the sciences added to the strength and character of the re­ great masses of the people had any rights whatever it public, and when the stability of the Union was threat­ was a delusion. Even our own declaration that said all ened by armed insurrection thousands of their young persons are born free and equal, in less than a decade be­ men, trained to the manual of arms in the camps of Ger­ came subservient to a constitution that recognized human many, and marshaled by their old-time leaders, by Shurz, slavery, and when in after years this "Banquo's ghost" by Siegel and hosts of others, helped to keep our flag haunted our national councils men were found who pro­ among the banners of the nations.