stitutional Convention along the lines pursued in Ohio, beg leave to report as follows: That Chairman Malone first made a draft of two bills, which were submitted to the other members of the Committee, and the Committee spent three separate evenings criticising, examining and endeavoring to so shape them up as to carry out the resolution under which they were appointed, and, at the same time, make the bills conformable to Tennessee law. This was a somewhat difficult task, as it is evident that the election machinery in Ohio is different from that in Tennessee, and in addition, it is well known that the election laws of Tennessee are extremely intricate and that the manner of holding elections are not only different in different counties, but are entirely different in some districts in the same county. by Taking the Tennessee Act of 1897, calling a Constitutional Convention (which was originally prepared by Chairman Malone), the endeavor was to write into it the Ohio plan, and which the Committee thinks it succeeded in doing so as to make the same conformable to Tennessee law. We submit herewith two bills, as follows: (1) A bill which will allow the people of Tennessee on the first Thursday in August, 1913, to vote upon the question whether a Constitutional Convention shall be held, not to make a new constitution, but to submit separate amendments of the present constitution to be voted on separately by the people. (2) In case the Governor by proclamation announces that the people have declared in favor of calling such a convention, then the next bill provides for the election of 99 delegates to the Convention, being the same number composing the House of Representatives, whose duty it will be in convention assembled, to formulate such amendments as they may think proper to the constitution, which are then to be submitted by a mandatory provision to the approval or disapproval of the voters, each amendment being voted on separately. The delegates to this convention are to be elected upon a nonpartisan plan and basis, according to the Ohio law, which was prepared and formulated by Governor Judson Harmon of that State. The two bills are herewith submitted and are open for approval or disapproval, amendment or otherwise, as the whole committee may see proper. This December 12, 1912. Respectfully submitted, JAMES H. MALONE, Chr. T. K. RIDDICK, T. R. BOYLE, R. M. BARTON. A Bill to be entitled: "An Act to Authorize the People to Decide by Vote Whether They Will Call a Constitutional Convention, and to Provide for the Submission of Said Question to the Voters of the State and the Announcement of the Result." Whereas, under our Constitution the right of the people to alter, reform or abolish the same is fully recognized; and Whereas, in the opinion of the General Assembly, the public exigencies do now demand the exercise of the power to alter or reform the Constitution on the part of the people of the State;. and Whereas, by Article XI, Section 3, of the present Constitution, power is given to the Legislature to submit to the people the question whether a Constitutional Convention shall be called; therefore, SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That all the legal voters under existing laws of this State are hereby authorized to assemble on the first Thursday in August, 1913, at the several places of holding elections, in the various counties of this State, and vote for or against calling a convention to alter or reform the Constitution by submitting amendments to the present Constitution, to be voted on separately by the people. SEC. 2. Be it further enacted, That in submitting the question of a convention to the people, tickets shall be prepared by the proper authorities under the laws in force at the time of holding said election, or by the electors in various counties of this State, with the words written or printed "For a Conven tion," "Against a Convention," and if the number of votes cast for a convention be greater than the votes cast against a convention, then there shall be a convention to propose amendments to the Constitution. Registration books shall be opened and voters will be allowed to register in all respects as at that time provided by law, and the qualifications necessary to entitle a citizen to vote upon the questions submitted shall, in all respects, be the same as then required by law in order to vote for members of the General Assembly. SEC. 3. Be it further enacted, That in all cases where any commissioners of election, or other proper officer under the law, fail or refuse to hold said election, it shall be lawful for any three freeholders, being legal voters, to hold said election by summoning as many bystanders, being legal voters, as may be necessary, to hold said election. SEC. 4. Be it further enacted, That it is hereby declared to be the duty of the Governor to issue his proclamation to the several commissioners of election, or other proper officers under the law, in the State and counties thereof, immediately after the passage of this act, requiring them to hold and conduct said election as herein provided. And said commissioners of election or other proper officers under the law, in the various counties of the State, shall advertise the time and places of holding said election, as in case of special election for members of the General Assembly. SEC. 5. Be it further enacted, That is shall be the duty of the commissioners of election, or other proper officer under the law, of each county of the State, immediately after said election, to make a complete return to the Secretary of this State of the votes cast "For a Convention" and "Against a Convention" in their county. SEC. 6. Be it further enacted, That it shall be the duty of the Governor, Secretary of State and Attorney-General of the State, to compare the returns made by the commissioners of election, or other proper officers under the law, and if a majority of those voting be in favor of a convention, or against a convention, it shall be the duty of the Governor to immediately issue his proclamation announcing the result. SEC. 7. Be it further enacted, That the expenses of holding the election under this Act shall be provided for and paid as in the case of election of members of the General Assembly of the State. SEC 8. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. A Bill to be Entitled: "An Act to Provide for the Election of Delegates to a Constitutional Convention, and for the Holding of Said Convention to Formulate Amendments to the Constitution, to be Voted on Separately by the People." SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That in case the Governor of the State, pursuant to law, shall issue his proclamation announcing that a majority of the voters voting in the election held for that purpose have cast their votes in favor of calling a Constitutional Convention to formulate amendments to the Constitution, to be voted on separately by the people, all legal voters under existing laws of this State who were qualified to vote for or against the calling of said Constitutional Convention, under the Act passed, and all who have become legal voters since said election was held, are hereby authorized to assemble on the first Thursday in November, 1913, at the several places of holding elections in the various counties of the State and vote for delegates to a Constitutional Convention to formulate amendments to the Constitution, to be voted on separately by the people. SEC. 2. Be it further enacted, That said election shall be held at all the precincts and voting places established by law, and shall be managed and conducted under the laws then in force, in the same manner and under the same rules and regulations that members of the General Assembly are then elected. And it is hereby declared to be the duty of the Governor to issue his proclamation to the several commissioners of election, or other proper officers under the law of the State and counties thereof, immediately after the announcement by him that a majority of said votes have been cast in favor of said Convention, requiring them to hold and conduct said election as herein provided. And said commissioners of election, or other proper officers under the law, in the various counties of this State, shall advertise the time and place of holding said election, as in case of special elections of members of the General Assembly. SEC. 3. Be it further enacted, That in all cases where any county commissioners of election, or other proper officers under the law, fail or refuse to hold said election, it shall be lawful for the electors present at the polling place, not less than three, being legal voters, to hold said election by summoning as many bystanders, being legal voters, as may be necessary to hold the election. SEC. 4. Be it further enacted, That the whole number of delegates selected to such convention shall be the same as the number of representatives of the General Assembly as now organized, and the number of delegates from each representative district shall be the same as now provided by law for the representatives in the General Assembly, making the whole number of delegates in the convention ninety-nine (99). SEC. 5. Be it further enacted, That no person shall be eligible to a seat in said convention who is not twenty-seven (27) years of age and a legal voter of the county or district he seeks to represent. SEC. 6. Be it further enacted, That in case of death, refusal or inability to serve, resignation or removal from the State of any delegate, the vacancy occasioned thereby shall be filled in the same manner as prescribed by law for filling vacancies in the representation in the General Assembly, the call to be made. within fifteen (15) days after the vacancy. SEC. 7. Be it further enacted, That it shall be the duty of the commissioners of election, or other proper officers under the law, of each county of the State, immediately after said election to make a complete return to the Secretary of State of the votes cast for delegates in his county; provided, that certificates of election shall issue to delegates as now provided by law in the case of representatives of the General Assembly, and said certificate shall be prima facie evidence of the right of any delegate to a seat in said convention, subject if contested to be decided in the manner the Convention may prescribe. SEC. 8. Be it further enacted, That said Convention shall convene in the city of Nashville on the first Monday in January, 1914, and when so assembled said delegates shall organize them |