The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-11-14
THE CONSTITUTIONAL CONVENTION.
gho Legal Existence Of the CouvensIeu
- aestioned-The Committee OF the Whale
discharged from Further Consideration Of
tlbo Finance and Canal Reports.

gho Legal Existence Of the CenvensIsu
- aesiioned-The Committee OF the Whale
discharged from Further Consideration Of
'fbo Finance and Canal Reports.
ALBANY N. Y, Nov. 10. 1867.
The Convention met at nine O'Clock.
rBs LEGAL ExIsrENcs coSvEsrIos QuIsrIosEp.
Mr. JAMES Brooks raised the point OF order that the
tine provided by the enabling act OF the Legislature
for the completion and submission Of the proceedings or
the Convention having passed, tho Convention has no
further legal existence, unless authorized by another
enabling act passed by the Legislature. He did not in
tsnd to appeal from the Of the Chair whatever
that decision might be. The enabling act by which this
Convention convened was very minute. gong into
the details Of the appointment OF doorkecpers and mes
ensers and hiking the per diem compensation OF mem
bers but he desired 10 call tho attention OF the Chaf 20
aspscai provision IN tue act lie called an
organic ACT, because the Convection had PAID
HAT delerence throughout lis sittings ana ac.ea
upon It's provisions This act prov des lhAt
Aii said amendments constitution shall be submitted
oy tho Convention 10 the people Tor their adoption ~ re-
lection al the general election" On tho 5tn OF
November that expired, aud the time prov ded by
law for the sitting Of the Convention las Deen eA
haused and IL IS not ia order for go on and frame
consuton under the law without a1 enabling act OF
the He ciied several preceaents IN support
OF his 70 mon He presumed IL known 10 all pres
ent that highest legal authority Of The Sate-thc
Attorney GeneTalhad given an opinion 70 inc state
Comptroller that there was no authority Tor MAKING DIS
burssnents meet the expenses incurred IN conse-
qJence of the continuation Of the Convention. He
referred 70 this fact in support OF the position he hal
without another enabling act.
Mr. dERrITT he did understand that any such
opinion had gveD and inquired by what authority
the made?
Mr. JAass BROOKS said be had II from the lips OF the
Attorney Genera.
Mr. MsaRirr- Then it must have been very recently.
Mr. JAMES BaooAs--I had 1t from his own lips within
the past lew hours.
TIE point OF order ovefruied by the President,
aud the Convention proceeded - business
MEMORIALS.
BY Mr. snrTH-For tho abolition OF the Board Of Re-
gents OF the University.
BY Nj. I. Q. DwEHr-on the same subject
EVENING SESSIONS
Mr. ALvoRp mos cd that the Convention hold evening
sessions, Instead Of afternoon sessions which was
adopted
Mr. MCDONALD moved ihat the publish OF the
Albany Journal and Argus be released from any further
Obligations TO publish verbatim reports Of The proceed
ines and debates OF the Convention, which was laid on
The liable.
the PAY or xKxRERs
MI JANIS Brooks moved that the Attorney General
be requested send this Convention the copy Of any
opinion lie may have given tins Comptroller respecting
the compensation Of delegates sitting after NoVembr5 .,
1867, which tabled under tho rule.
REFUSAL POSTPONE THE REPORT.
Mr. CauRcH moved to postpone tho consideration OF
1he Finance Report two weeks He came hero expect
ing that this Convention would adjourn TO next
spring sncl had been the expression OF delegates be-
fore tins morning, he had made imperative bust
ness engagements which would compel him to be
absent for the next two weeks.
Mr. ALvoRD opposed TO postponing any business
befor the convention. II was possible that The work
Of this body might De complete within two weeks He
Mt CHURCs said he did not believe tbs business of this
body could DC completed before hristmas II would DO
utterly useless for this body hurry through and do its
work mperiecuy II The constitutions 10 oe completed
A must DO done with due consideration and care.
Mr. 0Pnyks hoped the request would be granted: II
u would 10 the FIRST time such request denied
10 The chairman such an important committee. II
was necessary that tho chairman OF the Finance Com
miLee should be present when the subject was consid
cred.
The motion to postpone by "A to a. there not
bong tsothrds voting In the affirmative.
FINANCE
Tho Convention then went into Committee OF the
Whole on tho report on Finance and Canals
The section relating to taxation and assessment WIS
taken mp. and after discuss all tho am sndments
offered bearing upon tho subject were nnaiIy rejected
Mr. CHURCH moved the following additional section -
"No money shall hereafter be drawn from the treasury
OF his State except in pursuance OF an Appropriation by
law, and upon the warrant OF the Comptroller"
Ad,pied.
On the proposition OF Mr. ALvoRD the following sec.
ton was taken up
The credi, OF The State shall not any given,
loaned aid OF any individual cor.
va me ma Pss~ge ~ ei.aes nous o. me LesS
sAs crees debt or charge agains, The state makes
money property releases, discharges
taien BY ave. aud aocs which shall be duly entered on the
journal aud ourhfhs q AL he members elected 70 either
House shall in all such Cases be to tina
Mr.. hcKFoRp moved TO strike after tho irss
tencc
Mr. curscH moved TO amend so a. TO allow the Legs-
laturs 70 give money FOR charitable purposes upon a
solc OF two-thIrds Of all the members elected.
Without coming 10 vote the ConveDoi look recess
20 scrcn O'Clock this evening
Evening session.
Tho Convention met seven o'clock and went into
fhe Committee OF the Whole tho report Fnsucc
The discussion OF the pending amendments was re-
sumed.
Mr. EnAsrrs BROOKS proposed to modify the amend
mont Of Mr. Church require OF two-ihiris
instead OF three quarters for appropriations for charta
bic purposes. The amendment accepted
The discussion manly mined 10 the question OF
giving State aid 10 railroads After LOGS thy debate
Mr. Churchs amendment WAS lost.
Mr. AIyoRp moved amend that money or
property OF the State shall hereafter lie gwen loaned
AID OF any individual corporation iation
off be