Evening journal., 1917-03-24

to the petition had a right to withdraw
them.
Continuing. Mr. Harman said: "At
that time l gave an opinion and
am now ready to stand by il. I
carefully investigated the matter and
I say you had not the right then nor
have you the right now TO withdraw
your names Briefly my opinion was
that those who had signed the petit
tion had exercised not privilege.
but right the constitution conferred
on them. and after that their power
ended and they have not the power
TO withdraw it, There is no discre-
tion left in the Legislature after that
petition was presented TO say yes or
no. Tho provision in the constitu-
ton is mandatory. II does not say
you may pass the hill but says you
shall do IT, You have no right to
withdraw the petition. The moral
duty is upon you to do this as honor
able men"
Mr. Earman at this point read from
the record of the constitutional con-
vention when the clause was placed
I'm IT, lie said both himself and Mr..
Burris. one of the signers of the
petition and the resolution to with
draw it, were members OF that con-
stitutional convention. In this con-
nection he said he desired to call Mr.
Burris' attention to the fact that the
record OF the convention showed that
he CMr. Burris) was particularly ac-
tive in putting this very clause in
the constitution"
Quotes Mr.. Burrls Speech.
Reading from the convention record
he quoted where during the debate
in the convention he asked Mr.. Burris
what would happen in case a mem
ber who had signed the petition
should afterwards withdraw il, and
quoted Mr. Burris' reply, which was
that he (Burris) thought there was
remote possibility of that. as they
would have been sworn to support
the constitution. Facing NJ. Burris,
Mr.. Harman said: "I am sure he will
stand by that tonight"
Continuing TO read from the record
he quoted where Federal Judge Ed
ward G. Bradford. who was a member
OF the convention. was asked during
the debate what would happen il a
member should violate his oath in that
respect by withdrawing his name
from the petition. and Mr.. Bradford,
now Judge Bradford, replied: "He
should be expelled from the Legisla-
ture."
Mr.. Harman urged the members to
think over well what they were doing
you are asking this because you
want il withdrawn for a purpose"
He asked il this withdrawal is al
flowed to remember the position the
Legislature will be in IL some time
later one man who signed a petition
should trick the Legislature or be
bought off and withdraw his name
"The Constitution makes IL mandatory
and says you shall hold that election"
He quoted a number OF authorities
in other States on similar cases TO
sustain his position. In concluding
Mr.. Harman said he would ask Mr.
Burris to stand by what he said in
that convention, and he would say
any man who dares to violate his oath
and the Constitution is unworthy to
be a member of the Legislature and
should be expelled.
Mr.. McNabb said when he became a
member OF the Legislature he took an
oath to uphold the Constitution, and
that he was ready at all times to up
hold his oath. He said: Il am sorry
for my friends II by their greed they
have placed themselves in a hole"
James NJ. Tunnel said he concurred
with Mr.. Harman, but that he also
believed that the resolution itself is
out OF order He said the Constitu-
tion saws nothing about petition. but
that when the vote was requested by
a majority of the members Of any
district. the taking OF the vote is
mandatory under the Constitution.
The door is closed. The Constitution
is mandatory Withdrawal OF the peti-
ton does not remove the obligation
In reply Mr.. Burris said: Il was
not brought up in the woods to be
scared by the screech Of an owl" He
claimed that there was nothing IN
the contention OF Mr.. Harman and
Mr.. Tunnell He said he would still
stand by everything he said in the
convention. but did not explain him