selves into a Constitutional Convention by the election of a president and such other officers as they may deem necessary. SEC. 9. Be it further enacted, That said Convention shall have authority to determine its own rules of proceeding, and to punish its members for disorderly conduct, to elect such officers as it may deem necessary for the proper and convenient transaction of business of the Convention, and to prescribe their duties; to make provisions for the publication of its proceedings, or any part thereof, during its session; to provide for the publication of the debates and proceedings of the Convention in durable form, and for the securing of a copyright thereof for the State; and to fix and prescribe the time and form and manner of submitting any proposed revision, alterations or amendments of the Constitution to the electors of the State; also the notice to be given of such submission; provided, that all amendments adopted or recommended by the Convention shall be submitted separately for the approval or rejection of the legal voters at the election to be held for that purpose. SEC. 10. Be it further enacted, That the election at which said submission shall be made shall be held and conducted the same as elections for members of the House of Representatives, as far as practicable, and the vote cast for and against such proposed revision, alterations or amendments, and those cast for and against each of the same separately submitted, shall be entered on the tally sheet, counted, certified, transmitted and canvassed, and the result thereof declared in the manner prescribed by law for the counting, certifying, transmitting and canvassing of votes cast for the election of members of the House of Representatives, as far as applicable. And all the provisions of the laws relative to elections shall apply to said election, as far as applicable. SEC. 11. Be it further enacted, That candidates for members of the Constitutional Convention shall be nominated by nominating petitions only. SEC. 12. Be it further enacted, That in any county, any qualified elector of said county over twenty-seven (27) years of age may be nominated as a candidate for member of the Constitutional Convention for said county upon a petition in writing addressed to the county commissioners of election, signed by not less than two (2) per cent of the qualified electors of said county, or by such as will be legally qualified electors at the election to be held on the first Thursday in November, 1913, and the said percentage of two (2) per cent shall be based on the number of those who voted at the last preceding gubernatorial election. In no case shall the number of signatures to a petition be less than two (200) hundred. SEC. 13. Be it further enacted, That such petitions shall contain a provision to the effect that each signer thereto thereby pledges himself to support and vote for the candidate or candidates whose nomination is therein requested. Each elector signing a petition shall add to his signature his place of residence in his own handwriting (unless he cannot write, and his signature is made by mark), which shall include street and number when there is a street and number. No elector may sign his name to more than one nominating petition for each office to be filled; and where an elector has signed his name to more than one petition for each office to be filled, his name shall not be counted on any of the petitions. Nothing herein shall be construed, however, to prevent more than one nominee being nominated by any one petition up to the number of members of the convention to which said county is entitled. SEC. 14. Be it further enacted, That each petition need not necessarily consist of but one paper, but five of the signers to each separate paper shall swear before a notary public or other officer entitled to administer oaths, that the petition is bona fide in every respect to the best of his knowledge and belief, and the certificate of such oath shall be annexed. If in any case the said paper shall contain less than five signers, then as many shall swear to the validity of the paper as there are signers thereto. SEC. 15. Be it further enacted, That besides containing the names of the candidates, all petitions shall specify as to each candidate : 1. That he is a candidate for the office of member of the Constitutional Convention for the county in which the signatures are obtained. 2. His place of residence, with street and number thereof, if any. 1 SEC. 16. Be it further enacted, That nominating petitions shall be filed with the board of commissioners of election of each county not less than fifteen (15) nor more than sixty (60) days prior to the day of election. SEC. 17. Be it further enacted, That when so filed, the petitions shall be preserved and be opened under proper regulations, to public inspection, and if they are in entire conformity with the provisions of this Act and all other provisions of law not inconsistent herewith, and are in entire good faith, they shall be deemed to be valid, unless objection thereto is duly made in writing within five (5) days after the filing thereof. Such objections or other questions arising in the course of the nominations of said candidates shall be considered by the board of commissioners of election of the county, and its decisions shall be final. SEC. 18. Be it further enacted, That all of the provisions of the law, providing generally for nominations by petition, shall be applicable wherever not inconsistent therewith. SEC. 19. Be it further enacted, That the names of candidates for members of the Constitutional Convention, nominated as provided herein, shall be placed on ballots, without any emblem or designation, except the name or names of the candidates for election and the number to be elected. SEC. 20. Be it further enacted, That the ballots for members of the Constitutional Convention shall be prepared, printed and voted as nearly in accordance with the existing laws in this State as practicable. SEC. 21. Be it further enacted, That the journal and proceedings of said convention shall be filed and kept in the office of Secretary of State. Said Secretary of State shall furnish said convention with all needed stationery, and shall do such other things relative to the distribution and publication of matter pertaining to the convention as it may require. He shall forthwith cause such number of copies of this act to be published and transmitted to the commissioners of election in the State as will be sufficient to supply a copy thereof to each officer of election in their respective counties, and such commissioner of election shall distribute the same to such offiers of election. SEC. 22. Be it further enacted, That the expenses of holding and conducting said election shall be paid as now provided by law for the election of members of the General Assembly, and that the expenses of holding said Convention and per diem and expenses of the members thereof shall be paid on warrant on the Comptroller out of any money in the treasury not otherwise appropriated; provided, that all accounts and expenses, etc., shall be certified to and approved by the President of the Convention. The delegates shall be allowed and paid $4.00 per day, and $4.00 a day additional for board and expenses, and the same rate of mileage as now allowed by law to representatives of the General Assembly. SEC. 23. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. The Vice-President:-Gentlemen of the Association, you have heard the report of the Committee, and it is now open to discussion, under the rules of the Association. Mr. R. G. Brown:-Mr. Chairman, and Gentlemen of the Association: I have been interested in the matter of a constitution for Tennessee, or in its reform as much, if not more so, I think I am safe in saying, as any man in the State. I have made every effort to procure a new constitution for Tennessee for many years. But I believe it is as hopeless now as it was in 1907. I believe you will find the same forces at war today as I found in 1907, and that although on quite a number of propositions you will get a majority of the people to say they want a new constitution, you will find that when it comes to a vote, they are going to vote against a constitutional convention. We might have some hope if we could get the people to adopt the Ohio plan. If we adopted the Ohio plan there might be some hope of relief. But I don't believe that we could ever get that. I believe that you will find that the corporations are going to oppose a constitutional convention, for fear that the common people will adopt measures against corporations. I believe that you will find that a large number of the common people will oppose a constitutional convention on the ground they fear the corporations will get control of that convention, and therefore, they will vote against the constitutional convention. You are going to hear the "State Wider" saying that he fears the whiskey ring and its corruption will get control of the convention, and you will have the liquor question adverse to them in the constitution. On the other hand, you will find the saloon men say we fear the State Wider will get control, and therefore they oppose a convention. For that reason we are going to have great many people opposed to the constitutional convention. In order to have it, you have got to get a majority of the votes cast at the electionnot the majority of the votes cast for or against the convention, for in the majority of the votes cast, every silent vote is a vote against the convention. For that reason I believe it is hopeless to get a constitutional convention, and so I desire to make this amendment: That this Committee be instructed to draft a bill to submit to the people an amendment of the amendment. In that way we may be able to segregate the influence opposed to the entire convention. The Vice President:-Is there a second to that motion? Judge Fentress:-Mr. Chairman, I think that Mr. Brown is correct. I do not think that the people of Tennessee are now in a humor to have a new constitution. I do not think that the great majority of the people, farmers, for instance, who are our largest class, feel any interest in it whatever. The interest is almost exclusively confined to the people who live in the city, and who are effected by our government more conclusively than by the people who live in the rural districts. But I see no reason why we should not have certain amendments, as suggested by Judge Brown. I think the State of Tennessee should have a supreme court composed of nine judges. and let them sit in each of the three Grand Divisions of the State. Let three of the judges examine the record in every case, and the briefs in every case, and let the final judgment of that law suit be the judgment of every judge on the bench as to the consideration, and if the three judges are not in accord |