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commission. Instead of government -bv^a (jcnoral ASbon-ihiy.. , ' . " -*- Mr. WKSCOTT:- is thoVav we propose to jrovern" railroads. . * Xir. R. WAI/TON HOOHJi: Why do you rot. thdn.'takG: others mailer* out of "the jhsuidß of th« <3«n«ral: Assembly and turn over to nfcsolut* - amU uncontrolled ♦*r.imi£Fi©ns? ■■, . .....'/ :.: Now, Mr. Chairman, I was diverUdjrojri 1h« vtry Finu)l# statement lpropoi,«d to jnafc*. 1 was uolproposinc to discuss the question «s to. \vhttth*r 'ilia:; General As i-praWy should b« left to build up the pow ers ot this commission, because I : think that question is settled. 1 desired to say ; , word or two in favor of .reservlne to mat body the rich; to amend. iSr. BKA.vTQN: :\Jj-. Chairman I will ri ot detain the committee Joncer than to >,ay simply that, with all due respect to my friend, 1 trust the committee will not adopt the amendment he proposes. Mr. 11. WALTOX ilOOHE: I wish to j^xy one word further, .with the permission o* :he Kentletnan from Aususta. The arr.emiment I have offered, simply sug gesW that the General Assembly be'given tne right of control, to the extent of ulter sr.s or amending any provision of this sec tion in the luture if It is thought desirable to do so. Mr. HOOKER: Mr. Chairman, I rise to n point of order 1 think tiie gentleman's time has expired. Mr. THOU: The gentleman has been very much interrupted. The CHAIRMAN: He has been very jnuch interrupted, ar.d for that reason- — Mr. TIIOM: 1 ask unanimous consent that his limp may be extended. The CHAIRMAN: lie has four minutes Bore; <»n account of the interruptions. Mr. ; HOOJvER: The reason 1 make the puir.t of order is that I hoped we could set .n vote on this question before the adjourn ing fc'var. Mr. K. WALTON MOORE:~If the gen 'tlemar; chooses to press his suggestion I •iKall not resent It. and shall not resist It. •Mr; JiOOivER: Ido not like to cut the rentlcnian off. ' .. *~ ~ jir. HARRISON: Mr. Chairman, I rise to n point of order. The Chairman has sraied that the gentleman has four minutes vmito. owing to the interruptions. The CHAIRMAN: The Chair stated that ;ht has piven the gentleman four minutes longer than his time on account of the interruptions. Mr. R. WALTON AiOORE: Is the time v.p, sir. .Mr. BRAXTON: Mr. Chairman, if I am entitled to any further time, I should be clad to yield Itdri ray friend from Fairfax. Mr. WYSOR: 1 object to that. The rentleman from Augusta {Mr. Braxton) has no further lime. (Laughter.) The CHAIRMAN: The gentleman will proceed, unless the Chair hears objection. Air. 11. L. GORDON: I am constrained to object, sir. although I dislike to do so. Mr. R. WALTON MOORE: I shall per liaps later on, should the very few remarks 3 had intended to make when I was di verted by Questions asked me by various gentlemen. ("Question!" "Question!". The CHAIRMAN: The question is on the amendment offered by the gentleman 'rom Fairfax (Mr. Moore). Mr. GILLESPIE: I ask that it be read. .Tim Secretary read as follows: v out. beginning at line 58, down to anid including the word "laws." in line C 5, «nd insert in lieu thereof the following: "The authority of the said commission fhall be subject to the superior authority of the General Assembly, which shall have the right to alter or amend any provision thereof;*' Mr. R. "WALTON MOORE: I ask for a division. The amenGment was rejected, there be inf on a division, ayes VJ. noes 43. ... Mr. BRAXTON: I move that the com mittee now rise. The motion was agreed to, and the com mittee rose. Th<? President having resumed the chair. Mr. Keezell reported that the Commit tee of the Whole had had under consider ation the matter referred to them, and had made some progress, but had come to no conclusion thereon. ! Mr. LINDSAY: I move that the Chair be, vacated until 4 o'clock this- afternoon. Mr. BARBOUR: Mr. President, I un derstand the chairman of the committee Knys he will be unable to go on with the report this afternoon, and I <lo not think it would be fair to him to adopt the mo tion Air. BRAXTON: I hope the motion will he withdrawn. ACCOMMODATIONS FOR THE CON VENTION. Mr. THOJI: Mr. President. I -wish to ask that the Committee on Accommodation? 'or the Convention, which consists of th' Pr«?id»nt of th« Convention, the gentle man from Wise (Mr. Ayers),-the'gentle man Tronv Albemarle (Mr. Boaz), the gen- Ueman from Rockingliam (Mr. KeezelO nnd myself, will meet in this hall this afternoon at i o'clock to take up that enjestion- Xfr. LINDSAY: Mr. President. I insist en my motion. "We have the Barbour- Quarles resolution and the suffrage ques tion suspended in mid-air now, with the Legislature coming upon us next Wed nesday-, and I do think we ought to make all possible haste in the disposition of the matter that is now beforeus. The PRESIDENT: The gentleman from Albv.marie (Mr. Lindpay) moves that the Chair be now vacated and that the Con vention reassemble this afternoon at 4 o'clock. :■:■-■ ' ■-'.'■. Mr. TEOM: Mr. President, the chair man of this committe, as I understand it. \tsb sick and had to go home yesterday affernoon. He came hero this morning and has made a long argument. He i? i^ a fight which testa his nervous strength to the utmost degree, and he has a right. I think, at the hands of the Convention, not matter how much wo may differ with him. to the most considerate treatment; and if he asks .that the matter go over till to-morrow, I think it should bo done. Mr BARBOUR: Mr. President. I raise the "point of order that the hour of 2 o'clock has arrived. The PRESIDENT: The point of order is euptained. The hour of. 2 o'clock having arrived, the Convention adjourned until to-mor row. February 15, 1902, at 10 o'clock A. M. YESTERDAY'S PROCEEDINGS. Saturday, February 15, 1902. The Convention met at 10 o'clock A. M. Prater by Rev. C. S. Gardner, D. D. The PRESIDENT: The Secretary will call the roIU , The Secretary called the roll, and tho following delegates answered to their names: ' „■ Present: "Messrs. Allen, George Iv. An- Person. W. A. Anderson. Avers. Barbour, .Biair. Boas. Bolen. Braxton. Brooke, Brown, P. W. Campbell. Carter. Cobb. Crismond, Dunaway. Eggleston. Epes, Fairfax, Gar- Jictt. Gilmore. Gillospie. Glass, B. T. Gor don. James W. Gordon, R. L. Gordon, Gr.->on Gregory. Gwyu. Hamilton, Hardy, Hooker. Hunton. Ingram, Claggett B. Jnrifts, Ivonrla.ll. Lawson, Lindsay, Lovell, Mcllwaino, "Meredith, Miller. Moncure. R. Walum Moore, Muudy. O' Flaherty, Orr. Parks, Pedigro. Pettit. Phillips. Pollard. Portloclr. Ouarles, Richmond. Rives, Rob ertson, Stetflrins. Stuart. Summers. Thorn. Thornton. Turnbull. Waddill, Wescott. Wise, Withers, Wysor, Yancey, . and the President— 7o. Tho PRESIDENT: It appears from a rail of the roll that seventy delegates are in attendance— more than a quorum. The Secretary will mad tha Journal of yester day's proceedings. The Journal of yesterday's proceedings was read and approved. HOUR OF MEETING. Mr. R. L. GORDON: I move that when the Convention adjourn to-day, it be to meet on Monday next at 12 o'clock. Tho motion was agreed to. RECESS OF CONVENTION. Mr. BLAIR: Mr. President, 1 desire to off <>r the following resolution. » Tlie Secretary read as follows: "Resolved. That when tho Convention adjourns on Tuesday next it be to meet again on Monday. March 10. 1P02." Mr. TURNBULL: Mr. President. I move the following as a. substitute for tho reso lution offered by the gentleman from Wythe. Tho Secretary read as follows: "Resolved, That when tho Convention adjourns on Tuesday, the ISth instant it be to meet; on Tuesday, the ISth of March. Ysj2, at 10 o'clock A. M.; tho members and employes of the Convention to receive no pay during the recess, but that mileage be allowed the members.'-' Mr. THOM: Mr. President, the conimit iee having in charge tho consideration of this matter had a meeting on yesterday afternoon and they were delaying uieir rtport concerning the conclusion at whicJi they had arrived .until they could mako it in a complete form, which they cannot do until - o'clock to-day at tho earliest. How e\or. ■ as- : those -resolutions^have- been vbrought' before thebody.^luiUnk it^uroner ! to: outline? to Rthe;Convention"theVcSuT fiion^arr^ed^tjby^ourjcommulec^- f3^ a V 3eterm!nca sthat^t;woulcl b« best «>5 l « h * .Convention ; '»otu«;aajoumr V>u X lo .obUiin,th* ; u«»..of;anot).er;h a n andeo 'on-' and ; eomp!«to.th« worklwhich U sofapid. lr urawinc, to an ; «nC. : ..With tit*' object of f^inc-another; hall. vv t h« h« n c^, anlcs Institute, ;w^ich' has a hall,^admirably Bui ted to tho purposes or w^ iSi O «SX c 2 l °? i^^a^JosinffidayV^s well boated, and new. TiTiile ;^^ c ? ksi ' th^e?for^theiusecof SSSSSS \ h £ ro !} TQ a ; number,; of -opera n S w \ lich wiU be sufficient for -our purposes during : the short timeLthat- will be necessary forusitoconclude our work; f s , v " leth , a t the report of the Committee' rL < )) tt ° rali ? s V now;beln S considered in Committee ?of .the uWhole, will be very nearly, completedl during to-day's session, ir-not. a ver>- : brlef. consideration beyond' that time will conclude it. There will-then be left only,, the matter of the report of the Committee on.Taxation and Finance the report of the Commlttee.on Suffrage, ar.d severaV small: matters which are as yet uniinishedln the matter of thereports of other committees.- 1$ we continue tho speeu which we have at last exhibited in reference to this matter, a few weeks more, maybe two or three weeks, of con tinuous sessions will- enable; us ;to- do everything we have to do except to pass upon tnc.work of the Committee on Revi sion. It may be. necessary, after all the work has boon referred to the Committee on Re%-ision. to take a short recess in order to enable them -to complete their work and to make out the schedule. To take a' recess now will probably in volve the taking of two recesses, one until the time indicated in one or the other of these resolutions, nn<l the other to enable the Committee on Revision to finally com plete Its work. It is hoT>eo\ therefore, by the committee to which this matter has been referred, that there will be no ad journment, but that we will complete our worK up to the point when the Committee on Revision has to be considered and then that the Convention be governed by the circumstances which appear at that time. Mr. BOAZ: Mr. Chairman, as a member of that committee, I vish to say that the committee was not unanimous in its re port. A minority of the, committee, con sisting of two members thought a recess would be- advisable. They knew that a continuance of the session of the Conven tion would involve the expense of secur ing another hall: and. besides that, the officers of our body, especially our Secre tary, who has done such able and efficient work, and who is also clerk of the Senate may not be available for the work of the Convention. We will have to dispense with the services of the Secretary, or the Senate will have to dispense with them, and some arrangement will have to be made whereby a new set of officers may be obtained, for it' is hardly possible for the same officers to attend to their duties in both bodies. It is a matter almost of impossibility for both the Convention and tho House of Delegates to use this hall. It caused some inconvenience when the General Assembly was here before Christ mas?, and It is not to be thought of. In view of the fact that it would involve con siderable expense to secure another hall, the minority of the committee thought it best that the Convention should take a recess until the General Assembly - had finished its work. Mr. ROBERTSON: Do you know what the expense of securing another hall would be? Mr. BOAZ: It would involve the rental of the hall. . . Mr. ROBERTSON: Have you any idea how much the rental would be Mr. BOAZ: The committee .was unani mous on one point, and that was in recommending the securing of the hall over here in tho Mechanics' Institute buildin^. We have not as yet ascertained l the figure at which it can be rented, but it will probably amount to $250 or S3CO a' | month. No figrures have been named. That hall has no desks. It has nothing but opera chairs and no facilities for writing-. However, the desks may not be considered a necessity now, as it seems that no amendments to reports are beincr received, which- will, of course, enable us to f?vt through more speedily. Mr. BRAXTON": May I ask the gentle man a question? -■ - Mr. BOAZ: Certainly. Mr. BRAXTON: -"What are the practical objections to our accupying this hall at night instead of during- tho day? Mr. BOAZ: With the General Assembly in session, and with th» limited, time at their disposft.l, in all probability the Gen eral Assembly will have to have more than one session a day to consider their business. They will • probably have morn ing and afternoon sessions, and it may be night sessions as well. This issalso a very disagreeable place in which to meet after the hall -has been occupied by a large number of men for tlie greater portion of the day, because of the poor ventilation. In view of these things the minority of the committee recommended that a recess should be taken until, say the loth of March. But inasmuch as the majority of the committee thought otherwise the minority accompanied them to the Me chanics' Institute hall, examined it and thought it was suited for the purposes of the Convention. Mr. THOM: I should like to say that all the members of tho committee who were not members of the General Assem bly agreed" that it. would be best for the Convention to go on with its work. I ■think my friend from Albemarle (Mr. Boaz) will admit the fact that lw as a member of botn bodies had something to do with his judgment and wishes on this subject. I think he .will; admit that. Mr. President, we have had a great many breaks in the consideration of the subjects which have been before us. We aro* now being taunted by the. public of tho State with tho great length of the session. Every time- w« go away and ! come back again there- is delay in getting down to work, and there has to be a re- • arrangement and a realignment of thought, owing to some circumstances which may have occurred during- our ab sence, and the result is that we are great ly hampered. , . : Mr. BLAIR: May I interrupt the gentleman for a moment^. Mr. THOM: Yes, sir. •Mr. BLAIR: Is it riot a fact that since the last. recess taken by tlie Con vention we have -made more progress than we had made at any time before that recess?- : Mr. THOM: We have, unquestion ably; but if we had not had. a recess at Christmas, .we would be very much far ther advanced than "we are now. 'The, reason we have made so much progress rec-ntly is because of the fact that we have been putting into final shape the result of the deliberations which -have been proceeding for months in the com mittees. What is necessary now is for us to go ahead and complete this work with as -.few. recesses as possible, and with the hope that the. Committee ,on Revision .will do - its work ywie *h? Convention is still in session. w*th outthe necessity for a recess, for that purpose, I ask^the sentleme^of^tWj. Convention- to have someconsiderat^n for the members who have are^gh en eight or nine months to the of • the Convention, and whose^duties^. home have suffered thereby. The spring courts in the country .are about .£ commence their work. If we ta^a^ cess we wil -lhave nobody to.conclude our labors.' Many of the best seats in this Convention Avilibe ; va C ant_becau^ members will be away attending to other business. .; " L . . . ,„-, These are the considerations which, lg us to believe that the wisest ? course was to proceed at once and un^.l " work before us. . : .; * t Mr. TURNBULL: Mr. President,^ desire to say a' word in r ? f . erem . ' n " this matter. There is no man of tje Convention, I think more anxious than. I that this work should be comptetea. There is no man in. this Convention vl]a rocoßiiizes more plainly the fact th;it even if we take a. recess, no member uf ■thJg^bodyi-whditiaßXtak^V^yrinUrM ;ln;U«;xvork "will^bo able'to doai^thjn^ Jn r«f«renca tohis own 1 pflyata: business ■^'.m* tl39 " r « c «BS laateL-JLt tha ""oani« Tlline,', fl- vbell«y«J. : it 'lelto^tbsf \int«reißti; r of%the' -State of , Virginia, and to : tlie! interest of. the . or the ;■ Convention "■ that we should adjourn and let the fGeneral^Asr sembly : complete' its and /then, come backhand complete -ours^r At the ■last session of the -General? Assembly they were courteous enough to allow us to have possession : of this hall in the Imorning:.; We cannot expect them; to d"o that : again, and so far as f I am con cerned I do^not wish to ask it- at their . hands. 'l I want to leave the General As sembly, to : do its "work uritrammeiled ■ 'by our presence! .There is no reason on earth why, with the completion of this Corporation Committee's report, •which, ": as my friend from Norfolk" (Mr. Thorn) says, may possibly be completed to-day and certainly by: Tuesday, the Com-, mittee- on Revision should not. remain here and do the most of its work during the recess. The work of the Convention has been practically completed with the; exception of one or two reports that will not affect the revision of other matters. . It. is an- undisputed fact that there has been an effort to create friction between the members. of the .General Assmbly and of this Convention. The • purpose' of it I will not undertake to discuss, but I believe that members of the General Assembly are patriotic cit tzens ol the.ol.l State ar.d that each one of them, along with -us .hopes and be lieves that the work of this Convent" tion will result in good to all.^ I say, so far as I am concerned, that I believe it would be best for the'intersts of the . State that the Convention should get out of the way of the General Assem bly and allow it to complete its work; ■and that is the reason I offered^ ray. amendment to "the resolution; that we come back here on the 18th of March, because by that time I believe the Gen eral Assembly' Will have had. ample time to complete the work which they, say they have to complete. 'Mr. BROOKE: Will the gentleman yield to me for a moment? Mr. TURNBULL: Certainly. Mr. BROOKE: Ido not interrupt you for the purpose of antagonizing: your remarks at all; but I should like to ask if you think that there is any Certainty that the General Assembly will get away by the ISth of March- We may come piling- back on them as they are now coming back on us, and it seems to me that if we adjourn to get out of the way of the General Assembly* we ought to adjourn long enough to be certain tliaf we may not come back before they have gone. Mr. TURNBULL: In reference to the 'question of my friend from Norfolk (Mr. Brooke), I will, say that I put it at the ISth of March because I think that by that time the General Assembly will have had ample time. I believe that if ■we leave this hall and leave the city of Richmond, the General Assembly. of Virginia will not be in session more than two weeks. ;; Mr. THOM: I should like to ask my friend this question: Suppose the Gen eral Assembly is in session on the ISth of March. Would we not come back, ander exactly the same conditions that exist now? Can we control the ques tion of whether they will be in session at that time? ." ." "Mr. TURNBULL: Of^ course, I can^ not — - '; Mr. ROBERTSON: Will the gentle man yield to me for a momenj|? ■ Mr. TURNBULL: I should like to answer the question of the gentleman from Norfolk city first. There is no .question about the fact^ that we'eannot decide for them when they shall ad journ, x but the legislative session ends on the 3rd day of March, and I do not believe that the necessity of the' situ tion.will require these gentlemen' to re main here any longer than a few days after that time. I think beyond a doubt the General Assembly will have ad- ■ journed prior to the ISth of March, and I put it at that date because that v»-ould; give them ample time to complete their work. I do not believe that there is any doubt about the fact Mr. BLAIR: May I interrupt the gentleman? ' Mr. . TURNBULL: About the fact :that they will be away from here' at that time. The PRESIDENT: Does the gentle man from Brunswick yield to the gen tleman'from Wythe? ■ ' Mr. TURNBULL: .Yes, sir. . Mr. BLAIR: I suggest that the gen tleman from Brunswick might insert in the resolution a clause giving the President power to reconvene the Con vention in; the event that the General Assembly adjourns before the 18th of March. In other words, if the General Assembly adjourns on the 4th of March, there will be v no reason.for us to wait until .the 18th of March. If the Presi dent'had the power to reconvene the Convention we could take advantage of that time. Mr. TURNBULL: I have no objec tion to that-being incorporated in the resolution, so far as I am concerned, as 1 would be glad to get back as'soon as possible. And I want to repeat, that as far as I am concerned, there is. not a man in this Convention more anxious to complete. 'its .Work 'than. I am. ■So far : -as this criticism of the Convention on account of delay is concerned, that does not : affect rhe in any way .whatever, because I am satisfied that the members of this Convention have; worked day in and day out to accomplish the ; purpose they -were sent here by the people to accomplish. I say it is only_a continua tiori of this effort to crticise the Con vention by those who are opposed to anything being done, and I do . believe it is to the interest of the members of the Constitutional Convention and to the interst of the State, that here should be no friction betw^een these, two bodies, ; and that we should leave, 'the General Assembly to- accomplish ; its work and then come back and: accomplish.; ours. Air AVERS: Mr. PresidentpliCan see no good reason^why^we should .take, a "recess at this time, 'and I can see every reason why we should ; go_or^ and^en deavor to complete . our work -within this month., certainly.; As every one knows, the; engagements of a number of ; the members', during ; the ; ; month. ;,of Sarch^iU? requirejtheir absencetrom if lAve adjourn :until the S-■S -■ o?S arch,- or, another da^^ and; :Se^ckhere;in;the middle ofMarch, in my opinion we would have to go on - :~ - - twithou t ■ a'; quorum, v and 'we - \roul d ', make'; . practically no headway. We art- now'ini the midst oJ the c6nsid«rationW*fsual ';£mpor.tanj£B^^ : : wßlJ;La;ha.nd. I btliave.we <»ould pos«i-i ■■: li \ji jet : aLrray ; f rani \ liar '•'(•nii jW«ikJ f r oral ! hallf that • t or^ all] pra«tloal]pur^ poseai'is^ as Bood asy this: ;VW«' co-noii ) need desks, for pads may be .usedliii" thei- i "'preparation , of any amendmentß-that'are: Ito be i off ered. Secretary \ can cer^ spread 1 himself ! over rforithei few,; days' time that -will benecessary f or ; the purposes" of •■.both";'^odles, ; f.but s i_ufillzine- i hlsTcompetent assistants and I see every .reason whywe should obtain thlsrinsti ; tu te hall and go . on \ and complete trie" ; work, in so far,^certainly, as to get it^to ; the Commi ttee ■ on. Final .. Revision ; ■[ and : then take the recess, If necessary, arid come back and adopt* the report. " Mr. RoL. GORDON: ? I c a ii? f Or the pending, question. :;:;•., [\ Mr. CLAGGETT -;.B. JONES: VMay-I ask the gentleman from Louisa' to'with draw that motion for one moment? I: v would like to ask if any report has been submitted from . the .^ Committee - ap ponited to investigate -the securing. of a." hall?:'' ' ' ; : . /iI " The PRESIDENT: ;. The -gentleman from Norfolk city has ~ made an' Infor mal report. There' has been^no written report submitted. • .-;-.■ '?;'&.£' ' ■ : ; . Mr| ; CLAGG^TT:B. JONESf^My(rea son for asking that question^ is^this." My vote on • the ' question wiuld" r depend very much 1 on whether we shall meet in this hall, or whether some other place may be secured. If there is to be fric tion between "\ the Convention and > the sGeneral Assembly, each to occupy this hall at different times, I should vote for adjournment; if , ; on the other hand, we obtain our own hall, ' where we "are en tirely separate and independent, and apart from the General Assembly, I should vote to continue our work. Mr. R. X GORDON: I understand from all the gentlemen who spoke,. that there will be no difficulty in getting"'an other hall. - ' : 'Mr. CLAGGETT B. JONES: Yes, I kiiow; but I should like to "have the.' Convention decide whether it Svill take that-action. It is not a question as to whether there is any difficulty or not. Mr. McILWAINE: Mr. President, I .wish to cay, in advocacy ~of the position of the sentleman from "Wise ' (Mr. Ayers) that it seems to me it would be the most unwise thing this Convention could do, to adjourn before it had com- . pleted its .work. "We have come to the point now where we are going on and have a prospect of very soon com pleting the remainder of the work that is before us. If we make an adjourn ment now it would be substantially so much lost time. We would be able, to do nothing during the .recess and it would take us some time to' get into; line again when we came back, and I do trust that gentlemen will vote down the proposition to take a recess arid that we, will go -on coritinuousiy with our work until it is completed. Mr. R. X; GOjRDON: I call for the pending 1 question. , ' ' The PRESIDENT: The gentleman from Louisa calls for the pending ques tion. The Secretary will read .■■ thle amendment in , the nature of a, substi tute oeffred by the gentleman from Brunswick. (Mr. Turnbull). The Secretary read as follows* Resolved, That when the Convention adjourns on Tuesday, the ISth instant, it be to meet on Tuesday, the 18th day of March, 1902, at 10 o'clock A. M,; the members and employes of the Convent tion to receive no pay during the .re cess, but that mileage be allowed to members. .' .: . The PRESIDENT: The question Is'on agreeing to tho ' arhendrnent. .. , Mr. TURNBULL:" I call for the yeas and nays. | The yeas arid nays were ordered. \ 'Mr. b'FLAHERTT: Mr. President, I should like to ask the gentleman_from Brunswick, if he accepted' the sugges-. tion of the gentleman ■ from -Wythe, which he said was '-agreeable, to the effect that if "\ the General Assembly got through with their- work earlier , than the ISth day of ..March, the' Presi dent could call the Convention back. Mr. R. L. GORDON: I make the point of. order that .the vote is being taken. . . Mr. b'FLAHERTT: I want to know if the gentleman from Brunswick has accepted that suggestion. \ Mr. TURNBULL: I" have no objec tion to it; but that can be arranged af ter the matter is voted on. The PRESIDENT: The yeas and nays have been ordered* The Secretary ■will call tho roll. . The yeas and nays were taken. Mr. THORNTON: ,1 am paired with : the gentleman from Pittsylvania (Mr. Jones). If h© were present he would rote yea and I should vote nay. :; Mr. STEBBINS : lam paired with the gen tl'eman from Rockinghain^ (Mr. Kee- zell). If he tf ere present he -would vote yea and I should vote nay. ;- -. ■ Mr. BARBOUR: I am paired with the gentleman from' Orange (Mr. Walter)!. If he were present he would vote yea and I should vote nay. , Mr. P. W. CAMPBELL:';I am paired with . the gentleman from Appomattox (Mr. Flood). If he were present he would vote yea. and I should vote nay. The . question : having been taken by yeas and nays, the result was aririounc e<i_yeajs, 21; nays, 42— -as follows: '_ Yeas— Messrs. Blair, iBoa?:, - Brown, . Epes, Garnett, Glass, > 8.-T. Gordon,- Ingram, Claggett B. Jones; Lovell, Mil- ■ ler, Mu'ndy, O'Flaherty,' Orr, Pedigo; Por tlock, Richmond," Rives, Summers, ; Turnbull,. Yancey— 2l. ; / . ; Messrs. Allen, George -K^^An-. derson, Ayers; Braxton, Brooke, Carter, | Cobb, 'Crismond, Dunaway, Fairfax, ! Gilmore,: Gillespie, James- W>. Gordon, t R. L. Gordon. Green, , Gregory, ; Gwyn, j Hamilton,"- Hardy, Hunton,; Kendall, Lawson,; LindsayhMcllwaine,; Meredith, . Moncure; R. '-Walton f : Moore i Parks, Pettit, Phillips, 1 . Pollard; Quarres; Robertson, Stuart, "Thorn,- Wavidill,, ] Wescott, Wise, , Withers,;;: Wysor, ' the ipresidei-t— A2.y-u.[: ,-■'■■' 'Y'^--- * -, ," ■' ; :-."-•; Not Voting— Messrs. 1 William A. ; An ■ derson, Barbour.'Oßarh' am, i Manly : x Hv Barnes,^ -Thomas r;H.^ Barries,: iBolen;. Bouldirv Bfistow,VCarneron^^ :; ;C/ : ;J. t |_CJamp"- > bell, •jP.'.KW'.'^ Campbell, UChaprQanf'.^pan-, iei Davis.? Earman; ;Eggleston^le'tcher,j " Hancocks ': Harfisori^'i; Ha ttori; : Hubard, : \G.. •^T^J?^^|Keeaell;^Xiincbln; Marshall; ■"■ Thomas %L" 'S tebbiris, - ; Tarry, r;;>Thofntdri • '■■■ t, : IWalker; falter,^ Watsdni|^WlUis^ and_ .Woodhouse^-ST. : ' '.^r^~ \-'S?.:' :^ •">'-' So '- the • i ainendmerit 'i in^theVnature^ of fatfut^tittite was rejected. ' -' . : President, li, move iihetlfoliowinp: as a sub3tUitte for tho Resolution ; -offered iby :: the s ; gentleman % The, S«cxatary ,r«L4-ai f«»lI»wS! :f^e|ap]Wlat«4|t^^bisi£«r!^isoAttir^ C»f |obtilnlHili|hall- for JOuf* ns«lif |«.e •Convention; i« auth»ri««* ;f»r«#eur» v *> h^^fbrUh«fpurpqß«VaC jaoritinuinsr the | lritermlssi6n^qn.^a.ccoun tXot :thi«.-:: thi« .-: sessiori- : ' of *■ the <j Genefaj5 s As'senibly, "; sucn action, on /the part of the committee to besub-} ject^tblthe apprbyal?6f r the;Cortventiori^ . {' , The PRESIDENT^:{The questiori'is^n" '. agreeirig-^to^ is tlie r substitute v^offefecl ,by, ;tbr.:ge7itlemari"ffrorii-:NorfoikTcity (Mr. j Thorn). . , - - ' ■ ■ The ; ; . jo^ v tion :\ras agr ie J to: •; >.Lv . ; : ' -: ■ ; ■; ■ Sy. [ LEAVES^fOF : ABSENCE. -'' '■:■ -j'vrji \ ;Mr.' LAWSON asked arid- ''.obtained; thr>e dH.ys'. leave or r ai'£er.cp,besinnirig ;.t.i-day; for Mr.' Thomas IL Dir'nas^ Mr. GKEEN. asked and : obtained f op: •days' /l^ave. of absence, tor day, for ' Mr. G.'-W.i Jones.. Mr. R. WALTON' MOORE asked and [obtained four -days' leave of absence, beginning -Monday, for Mr. Harrison. V . : Mr- INGRAM: ; I desire to ask indefinite : leave of absence for the; gentleman from;: Nbttoway (Mrl Watson) on account of sickness. '_' . .-. ' '■■::'' ' ". .\- Leave was v granted. " »■ ;. . Mr." BROOKE:: 1 ask leave of absence for the gentleman from Norfolk county i (llr. r Portlojck) .for^ three 7 days, beginning Monday,; to > enable ■ him' to hold^ court. : . ■ .•. • - Leave f was granted/ , . . . ':Mr: BRAXTON: I ask that the leave of absence which^has heretofore" been-grant ed 'to vthe ■ gentleman from Elizabeth ' City (Mr. ',: Willis), be^exterideduritil.: Monday. • ; Leave' was granted. - . .. ; , .r ;,; ." ; Mr. RIVES :':'i 'ask three 'days', leave of absence'for the gentleman from Dinwid : die (Mr. Epes),^beginning . Monday, to -en able him to hold "court.* ''; ['■ '.'''-' '■* ' /''"" Leave was granted.;. - ' Jlr. J GWYN : I - ask leave' of absence . for to-day for the gentleman ] from Craig \ (Mr. Marshall), who is confined to his room by • sickness. '. / ./ '- .' ■ '■■"•'-'• Leave-was granted. :., -Mr. 'R. WALTON MOORE: Leave ot, absence was heretofore granted .to the; gentleman (from Lancaster and Richmond (Mr. Dunaway); beginning yesterday. '; He was unable to "avail himself of that ; leave, arid I desire now ;to ask that he' be given a week's leave- of aosence, beginning Mon day.- ' _ ; ,'•-..,:•• ',„.'■[ » Leave was granted. . " , • . . - '" CALL OF COMMITTEES. ; , ,: .; ' { The PRESIDENT: . Tha Secretary will call the list of ■Btandlng.'cqmTnittees for reportß. ;. '■'. ' ,- • : . .*, ,The Secretary called the list. ' '; PENSIONS.':.- . The PRESIDENT: The Chair desires to lav before i'lthe: Convention the following communication, which the Secretary will read. ; - . ; The Secretary, read as fallows: "COMMONWEALTH OF VIRGINIA, •'Office of the Auditor of Public Accounts. 1 •■"Richmond, Feb. 15, 1902.. "Hon. John Goode, President of .the: Con stitutional"" Convention— "Dear Sir,— l have the honor to hand you herewiai ? a\statement;Showing the num ber of names on the pension rolls by coun ties and -cities;, the number- by 'counties arid ci ties placed . on the rolls by special acts, and - the amount in . pensions r dis tributed in each county and city during the" fiscal year" ending' September 30, 1D02; which statement was prepared in obedi ence to a resolution of tlie Convention agreed to on January 22.. 1302> •". ;f>i '■-. "V«ry • respectfully, .. "Morton Marye, - ' "Auditor Public ; Accounts." -. Mr. CARTER : •I " move .that th c com munication be ordered to lie on the table^ and be printed. . • : ThaPRESIDENT: That will be taken as the sens» of th« Convention, without ob jection. ' ... - "" • CORPORATIONS. : Mr. BRAXTON: I; move that the Con vention resolve Itself into Committee of the Whole for the further consideration of trie report of tho Coriimlttea on Cor porations. . .-; ■ T ' - The motion was agreed to, and the Con vention resolved itself into Committee of the Whole, Mr/ Ayers in the' chair. , ' Mr. BRAXTON: 'Mr. Chairman, there Js : a typographical .error ion page 8 at - the end of line 59. -The word V'of" should be stricken out Instead of "rate of charges", it should be "rates, charges and classifi cations.' "_ _ • " 'I am authorized. by" the signers of the majority report to this change of language in the «nd"of section 8, beginning at line 65 and ending in line 71.. / The pur pose- for making the change -is to include, counties with cities ' and ; towns in the matter of municipal franchises. I move, therefore, that the words beginning in ■line 65 with the word "provided" and end ing in lins" 71 with the. word "franchise be stricken out, and in lieu thereof this language be inserted: . ' . ■ | "Provided, however, that nothing-. ln; this; section shall impair the . right -which; has heretofore been or^may hereafter be con ferred by- law. upon any city, town or county to limit by its. municipal or coun-. ty authority tho rate of charges to be ob served by any public service corporation for all' services, performed by it. under a municipal or. county franchise granted by such city, totrn -or county and wholly within the limits'" of the city, town or county granting the franchise." Mr. BARBOUR: I should like to m quiro if the only effect of chat amendment is to put counties on the. same footing as cities? . ■ '/ : '. . Mr. BRAXTON i Yes,; »ir;.AI think in at is tho only effect ;of it. .'■- The CHAIRMAN: Tha Secretary will raal the amendment. . . I The "Secretary, read- as, follows; . "Strike - out, begiririirig : with the word "Provided," in line 65, page 8, down to and including ;.the : word t ; •'franchise,". In -line. 71, page 9, arid insert in lieu"' thereof the following: " ■ . •''-." r ... . "Provided ho.weA'er. that nothing In this section c shall ; impair j th» ri-ght ' which has heretofore been or may hereafter be con ferred „ by law, upon. any. city, town or county to limit by its cduriiciparbr county; authority .rates of -charges to ■ ba' observed . by any public : service corporation for all services performed by.it under a munlcl- : pal or county, franchise granted by such, city,, town or county and wholly .within : tha limits ;■; of tha city... town "-, or county, granting: the';. franchiaa.''".-": : -. /The CHAIRMAN: The question is; on agreeing -to; the amendment just read. Trie amendment was agreed to. '"The CHAIRMAN : >Are - there any, f u"r ■ ther . amendmerits to be. proposed to " sub section b? 'If riot, the •Secretary will 'read the* next ; suo-sectlon.' -....: ; . . - . Trie Secretary read as:- follows':/ "c.ln all matters pertaining, to the pub- He ; visitation, ;; regulation or V control ;of •corpbratloriiJ./and within the jurisdiction of -the said commission,: it shall' have 'the ;'powers • j and ■ .authority- ;of a % court; of record, to ■ administer, oaths, : compel the atteridanca. of .witnesses v and the; produc tion of papers,:'* to r j punish : for a, contempt ; any f person- giiilty. of i disrespectful oridls brderly,'conduct-in .the presence; of -the : s'ald ' comrnissioriXwhile-'; Injsessiqri; and^to ; enforce compliance with- any of Its • orders or requirements, ;, entered ■'. by \- : it vwlthin the scope \ of '.' its-!avtti6rity7}by,>ad judging" and (enforcing, I :. by iappropriate^executive; pro rcess,'-agalri"st '■ .the delinquent < or. offending corripariy Rafter it : shall 1 : beeiiiv first 'duly.'citeirprbceede^?aga^nst:by'due;pro fcesslo.f 'i law^bef ore : - the j said sitting'as" a 'court,'' :arid vaffbrd^-ppjporturii tv"to be" heard;^ .as well; against'ithewvalidl :-{.sr,,?;----w:7v:«-;. 7:Jj-;--;s-^: ; r '.-r--- r~ ■ *~ ''y'-;'^*^^® jtyj|j[u3tiaesstor.;reaaonab}ene33 :'6rUhajor^j ;der|qrtrequlrenieht ;r alle2ed Uo Jhiiyeibeen ( : \ ioldted; as I GeajiistTtha^llabilltjri ot% the ] : med ~tihf>l t*T fth» 't-a3lig*i «yiolcitiori)»"(Buckl TfinM Cbr^«th«Jip«uiltl«i!f aaymay^b^Ypri^ 5 «r ." &uih«rle«<i r. i^thls '- C«a«tltu^ *tl«nf «r '- by \ \ivrs "jLbA \ **• ea ' <1 eoranu»sl«» : ? ihaliib« CTeat«i^j;^lATßU4ili" : «d*ltio«al ; p«wf ♦ *r«, aji<.«harjß** 'wltb.dßiCh «th»r duties,: '■ in connAOtl«a '■-.wltli "l th» [VWt&Uqn/: r«sula ri I tioa 3 or v control : . ; of J>vv 1 Oil •the?assessment;o£ "their XpTosocty or; :tho] '. appraisement-. of 'their fraiichlsis; tor itiixai] 'tlon76r..wlth";the^nyeatlsationlor.the sub-: ject'of .-generally, ; and -not" incon sistent J .with ; any ; of the!^^provlsiqns of &**' 3aw. r Any.' corporation if ailing or(refusing rto obey, ♦alidj; order :-br :j requirement' lot the;sald\coHmis^n;ymay^be;fined{by said fcbmmlssloh_*: (proceeding by due pro rcess?bf l^wi as; aforesaid) ?such Bum.^notl exceeding ; : flye ?:. hundred^ dollars, . : as". the' said -/commlsslqri -i may -J-. deem- proper, >or such ; sum, : in excess;; of five hundred dol lars,' 'as'may be prescribed ;'or authorized : by. law ; -arid each day's 7 con tinuance ;; of such fajiur* or -refusal, faiter /due Bervfce ,upon ; said corporation of^the order or re quirement of 'thesaici commission in ques tion; shall be a separate offence." ■ -' . Mr. BRAXTON : Mr. Chairman, ; in order to make the powers of the commission more elastic/ so far as ; the' power of the Legislature" is concerned, ;to "* extend its ; powers and duties; I *am authorized by ; the: committee to" offer this amendment: Insert in line 99, after ; the~ word "corporation"" these words, "orvwlth .the. prescribing, and', enforcing of rates, charges >r? classlfica ' tion of .traffic f or " any . public j or , quasi- . public corporation;" so that the entire see-: tion- would then read as follows: "And the said commission snail be vest ed with" such additional power, ; and_ charg ed with such other duties, in.; connection with the visitation, regulation ; or control of corporations,! ' or Vwlth the' prescribing and enforcing of rates, charges, or classi fication of traffic for any. public '; or quasK public corporation,'' ' and so on, "as may bB prescribed by law." Sir.^HAMILTON: Will the gentleman be kind enough : to explain, that again? We could not hear it over here at all. Which section is it? Mr. BRAXTON:' This sentence begins Inline 9G, page 10. It authorizes the Leg-, islature to confer upon the commission any additional "duties In connection with. \ the visitation or regulation .of \, corpora^ tions that the" Legislature may -see proper; and : I wish to add, so a3 to enlarge its scope, the words "or with" tha prescriblrig or enforcing of rates, chargea or "clas3ifi- ? cation of trafQc of 'any. public or quasi public 'i corporation.' It may be we have not yet In the report named all public corporation it Undesirable to control that now exist, arid It. iriay be that other pub lic service corporations "may hereafter come into being that are not now known, whose rates or charges, in the opinion of the; Legislature, they ought to control. Particularly do I' call attention to the fact that In many of the States the rates of charges of public elevators, grain ele vators and things of 'that sort, are con trolled by law. Tour, committee did not think it necessary to affirmatively, In the Constitution, confer that power upon the commission; but wq wish" to place it In such a »hap» that tha Legislature can hereafter confer that power upon it if the Legislature should _ ; deem It proper, and therefore, merely in th» inferest of en larging- the powers of the Legislature in that respect/ w» add these words so as to include any other public or quasi-pub lic corporation whose rates the State has the right to control, and whose rates the Legislature may hereafter think it wisa to control. The CHAIRMAN: The Secretary will read the proposed amendment. The Secretary read as follows: Add after the word "corporations," . in line 99. page 10. the follo-wlng: "Or with the prescribing or •nforcing of rates, charges or classification of traffic of any public or quasi-public corporation." j.n» CHAIRMAN: The queation Is on agreeing to th« amendments proposed" by the gentleman from Augusta. The amendments wera agreed to. The CHAIRMAN: Are there any- fur ther amendments to oub-secaon c? Mr. THOM: Mr. Chairman, I call the attention of the chairman of tha com mittee to line 104 on that same page, arid 1. move that, the article be amended by. In-: serting the- -word* "within a reasonable time," after.; the word "obey," bo mat , it will read: "Any. corporation failing or ra fusing to obey,, within a reasonable time, any vai»d order." . ; Mr. BRAXTON: I • will accept that amendment, Mr. Chairman. Mr. MEREDITH: I submit it ought to be made a llttla^inor© definite than that. It seems to riie we had better say "reason able time to be fixed by the commission." "VVe should not say "a reasonable time" without allowing anybody to , pass upon the question of reasonableness. ■Mr. THOM: I do "not know hoiv much difference \,there is between the two sug gestions. My object is that whatever is a. reasonable time should be allowed, and that the reasonableness of uiat should not-: be passed on by, the commission that makes .the" order finally. . Mr. MEREDITH: I submit to the gen tleman from I Norfolk that' there is no reason for that, because^ tha courts "fre quently . fix a. reasonable time .within which .an, order must -be -obeyed; but If you do not give specific power to some one person, then it-Is a question of litigation; and if they undertake; to enfoFce it, they con go Into ; court and oay "I have not had a reasonable ttm«.* Therefore. I think the* reasonableness of tha timo ought to b« fixed by, somebody, and, l do riot -know anybody who ought to : be trusted;- -vrtth that mor« than. th» commla sfon. '■■ ') ; " '. . ■■ . - ::.:.- " ■• ■ ..; -■•. ; Mf v BRAXTON r 1 calt Inai aHenlTon of my friend from Norfolk to tha amendment that was adopted yester day -to subsection A, which, provides that none of these rates or regulation 3 shall go Into effect until ten days after they. are. made. '■/■ Mr. THOM: I unclerstanct thaf. The poirit I am making i 3 that in a great business like that of transportation, the putting Into\effeet of additional facill-. ties may not be within a ten day limit, nor is it possible to-.fores«e I now -what the limit would be; nor i 3 it | right to leave- that matter to b© fixed - arbitrarily, by a commission, when, trie scheme of this .article 13 to give appeals. ' f rbrix that . coriimissibn. ,1 think a reas onable time is all that the law should require", within which, this should be : done, and the tribunalg^of. the country: determine what ia a." reasonabie time. I do riot think it reasonable to say 'that; in any arbitrary way the commission ; . shall fix -what that reasonable time te. Mr. BRAXTON: I will suggest to my : frieiid/ if I am riot Interrupting ;hlmv that: the "matter \ might be'reached. in this way, by saying "withlri such reas- \ onable ' time as shall -be named In the order." Then if the Jtlrrie naWd in the order is not reasonable, it would be the ■ sub j ect : of [appeal Uike 'any : other . thing named in : the order. - , / 1 '■: Mr; THOlf : Ido not thinK an appealj is igiyeri. -^frbriiH all '.. orders^ I want to, Ibring that'up at the proper/ point, byt U^ think> there; are" various orders that; imay.be entered by the commission from] Swhich vthere :■ will no appeal under ■ the : Phraseology^ : the; article. ; Theref "fore.wheri\you just .put ;in;^ithin-a- ? a r reasbnabiettlme"i that; puts the wholc^ i ilr. MEREDITH: H«r« la a coausi*-:: ?t]^t^iiyl^hit J is^wftßnabte|fep^: gg^h^o^niioi^iiite?^:^ r U3irv MEREDITH: If It i* neceuuqr^ ilr. Chairman, I ask* to f junend;,^" - amendriien t, :^ iJfril"il s ' •in ■' prop«r^.ordergg along /the -line ?of ■th^il^i^tagei^^^^^ chairman of .the.cominlttee. <,\ *>I Mr. THOM: I have no doubt|tbei> 'amendments /7w- ill icarry, '? and : that|n^p amendment^ will be - amended, ru At ithe..^; : same ? time" l <want ; to to; thejCojs^| ; ventlbn" that I (iconslder^thejprojfw>3itl^^ : I '; have:;pre^rited "{as onable piie. \. I ; think : ,rib- >bod^ou^t|to|| have 'the ar bi t rary po w er jof ' makl in &gn i .'; order, arid, beyond review," fixing a : tftnsii t ■within whichUhat: shall ;he;carrle^.|oitt^ and compiled with, because yaxbitrarl-r' -; ness of the body itself J3 the thingsthat^r in justice ought to be provided ; against^ As has been suggested to me. the pres- ; ent lariguage'would permit ; this' .commts^^. siori' to' fix ra;ftime;-withiri '^which^tto^ should be done. The idea I have in;OJC|g 'feringjthe -ameridirient. what the .commission does shall be reas|J|| onable on .that ■■■ subject. I .therefore^'' move, Mr^ Chairmari, ; that : "after^the^ word "obey" in -line -104 :-:the : -^<*cd»p| •'within a reasonable time"'be;inserte^»>^ 1 :Mf. BRtVXTON: : Mr. '■ ■ 'Chairman^j^ desire to offer as a- substitute ]for.\the|g| amendment offered: by my friend from^| Norfolk, to Insert in line- 105, after -the- •words^ -"commission" these wordai^ "within such reasonable time, ixbtslesa^ than ten daysT'as shall be fixed In -the-/;, order or requirement." Mr.' Chairman/ this provision ,as r lt-'^; stands now, gives an appeal from "any/, order fixing rates and. also from any :-. order affecting the schedule °C. anyyC; transportation company. :or ; requlrinß^ any additional f aciltles, \ corivenlencesr^ or public service of any transportation ] r f or transmission company, and it leaves - it to the Legislature to grant appeals in any other^ case, however; •trivial,-,-, without limit. It seems ,to me |H>3^ friend .is mistaken in, referring, .in thei ■: way In which I take his language to-v mean, to the arbitrary power dCjthia||y commission to (do; everything. court ihaa an arbitrary" power, in ,that'-|,; sense, to do something, veri. a -justice^ of the peace has arbitrary power, if you ' | may bo call it, of returning a'judgriieritj.", for less than ten dollars against a man.' : This commission is in one sense a court, ; arid even if there be an appeal in some . trivial matters from it. it has no more >-, power In that -regard than ;any/,other:g court, that is not appealable.- ' ' -" 5 ;.' "We have provided that n o o ther. or der v U' can go into effect in less than ten days,i|| and the effect of the amendment riowis, y« to say that no order shall go Into effecf 1 ; in less time , than the^ time 'fixed in thej^ order, which time shall be. in no. event ' ■ 'less than ten days and f rom. which -iCv the order be one affecting charge^ -o*r.,,V any of those other essential particulars K,i there can he an appeal, as I have : ex- i| plained. It does seem to.me, str,/that would make it very much better. '"' *■' The objection I have to It in the form, is In Which my friend offered It. and which a I did not at first observe until my at tention was 1 called to it by the gentleman " from Richmond (Mr. Meredith)^ is ;that|| if you merely say it shall go Into effect In a reasonable time, you throw the ; ' whole matter into the court rlghttfat^ once as to what is a reasonable ;time^;?i and the commission - could never act ■ except subject to the review of courts. on r every matter of that sort, howeyer^| small.or trivial It might be. Our Idea is that while the railroad should ;haye - i access to the court; it should always | be by way of appeal and not by way. of original jurisdiction. . " ■'- ••- Mr. THOM: Does my friend me£fntte>,# say that under trie article as it wouldj#s stand, if amended as I suggest, It would || be beyond the jurisdiction of this* com- . mission to fix in its order a. time whlch^f; it* said was reasonable,' and If it shouldT|;~ turn out on appeal that that was"-rea»- ■*:: onable, the carrier would be-governeil ;• by it? \' : Mn BRAXTON: Ido not know that.; I just catch my friend's question. "' ; V J -?..'l Mr. THOM: Would It be within^thef^ power of the commlssion,.-with the ar ticle In the shape in which I have ' pro-ss*s posed, to fix iri its order a' time which; -' it said was reasonable, and whefT^tffsp only way for the carrier to get rid olf'it ' would be to carry it into court; aricl^tf is the court -were to "determine it was . reasonable,;then' the order ..of the, corny .. Emission would be binding? vMr. BRAXTON: That 'may be, sir;' but I wish the carrier, when he ;gpeajt into court to go In by way of appeal ' and not by any original process. If the';? statement of -the case,, as I understands! from my friend is in accordance [jvl tlt% ; his view, I do not see what objectlbn|l I he could have to the language I proposers which Is that any corporation falling i lt*o''2| obey any Talid (order or requireirien{j| of the said commission within.^such^ reasonable time, i not 1 less than : ten. day^a as shall be fixed In the order of require^S ment, may be fined by the .cojnamis~si6iv'§ ©tc. ;':-.' ,'V '' . ' \ ". - V"'- '""i? i Mr. THOMY 'ln .that connectio'ri'lfde^f slra to ask my friend if he win, K ?at^| later stage, accept an . ameridmerit on 4 ' this question of appeal, as follows — r ;#::;; #: : ; Mr. WYSOR: Mr. Chairman; l rise,t^| a point of order. I : think :-'-wei'bught|toJ dispose x>f the question before'thebcwlyJl Mr. THOM:: I am reading this^in'or-l der to bring" the matter up. ;: :. •/ ;:---".'"i'^.t^| .; Mr. WYSOR: You are" presenting:: ait|| other amendment. -. ~ r Mr. THOM: I arri. trying- to re'^lyjt^ ■ the argument of rriy friend about^w^^ : can b e '; done on appeal . I wish 4to las Jc| my friend, in order ;to . make ;ClearJfilS| ; article on the subject of appeals^fiff |« ;he will accept this or. its equivalent^^l | Mr. BRAXTON: Where will^ lit coroe^J I Mr. THOM: It is in connection with! I your appeals: x .' .V -x- . "Oa all appeals taken under -thisTai^ tlcle, the Appellate Court :; shall |have| jurisdiction to cons ider and : deterisiri^| the reasonableness and justice of |thV- action {of ithe: Corporation Commissio^ complained of, as Avell as any^otherS Viriatter 'arising- on such an appeal.'i/;?f ■}. ; The'object b?'that is to carry j into th^i; /appellatelc'ourt'.the'questibnVf^tj^^^^ onableness of the - rate :'ftxed, "arid ;: not J merely- the question ot k tfie-s commission deenvs 'ic'reWsbriableS'^lCi that : is ■ accepted, -;or':. the equivalen^gd that : idea. :. is accepted "I :Trould|h^v^S^ objection to Jthe-ftmVndment At 'this; i point suggested;by^he;chairm^^^^ Mr. BRAXTON: I will stato to iKJjT:? ''friend^that~as:he" re^a*ihat]t»jn^^«^f I do riot think there Is any- objei;l^ift| TCS