duties of that distinguished position. He should be well versed in parliamentary procedure; he should be a man of large experience and of wide outlook, and above all he should bring to the duties of that position not the spirit of the partisan but the tried and steady temper of the statesman.

Happily there is in the membership of this Convention a man who meets ideally all the demands of this office. Born in the country districts of the State and bred there, he received his professional education in the greatest city of the State of which he has since been a resident. He therefore knows by experience the conditions that affect the rural part of our Commonwealth and the urban part of it, and the experiences of his life have given to him a statewide acquaintanceship.

He was a member of the Constitutional Convention of 1894 and one of the floor leaders, so that he has had experience in the precise field in which this Convention is to do its work.

But that is not all: For the last sixteen years he has been a conspicuous servant of the American people and of the State of New York in national affairs. For five years he was Secretary of War. Now the office of Secretary of War, ordinarily is an administrative office, and upon that side of its functions this gentleman succeeded in reorganizing the army and in bringing about the creation of a general staff and the establishment of the war college. But he was Secretary of War immediately after the close of the Spanish War, so that it fell to him to issue instructions under which the Philippine Islands should be governed until action by Congress. Probably no man living has had devolved upon him a kind of work in the domain of constitutional law so novel and so important as fell to the Secretary of War of the United States of that day. At that moment the only authority on the island was derived from the military power of the President of the United States, and so it became necessary to provide what was in effect a constitution for those islands to be carried out in the first instance under the military authority of the President until the Congress could take action and give a civil basis to government there. It was a part of the problem to propose a military government which would enable a democracy like that of the United States to provide government for an untrained people under which they might grow into the stature of perfect self-government. One of the most interesting questions was to determine how the military power should yield naturally and easily and without disturbance to the civil power. This was accomplished by the novel device of separating the functions of government so as to give the civil members of the government authority in civil things and the military government of the islands authority in military things; both parts,

however, being controlled, in the first instance, by the President of the United States under the war power granted to him by our Constitution.

It is a matter of record that these instructions were so simple, so clear, so successful in their operation that the whole scheme moved on almost unnoticed, and the military control in due course gave way to civil control without our people knowing that such a thing had happened.

This gentleman, therefore, is equipped in the domain of constitution-making as not only no other man in our whole State is equipped, but, as one may say, no other man in our country, perhaps one might even say in the world at large. From his brilliant career in the office of Secretary of War he was transferred to the office of Secretary of State of the United States, wherein again he served with distinction for five years; and, it may be said with literal truth, that during those five years the United States was universally respected by all the nations of the world, universally admired and universally trusted.

While Secretary of State he made a visit to South America, and by his utterances and by his personality he did more to remove misunderstandings between the nations of that continent and the great republic of North America than had been done before; and I think it is a fact that to-day no American statesman is so highly regarded among our fellow republics of the South as the gentleman whom I shall propose for this high position.

Then the State of New York honored him by electing him Senator of this State to serve in the Senate of the United States, and during the six years of his honorable service there, which have just terminated, we know that the State of New York spoke with a voice that was heard from one end of the country to the other. Such is the man whom I propose as President of this Constitutional Convention; a man learned in the law, not only deeply read in constitutional law but deeply versed in it and in wide fields of experience; a man of judicial temper; a man of the widest outlook; a man of whom our entire country is proud — that patriotic American citizen, Elihu Root.

Mr. Cullinan-Mr. Secretary, in behalf of the counties comprising the fifth judicial district of the State of New York, the counties of Jefferson, Lewis, Onondaga, Oneida, Herkimer and Oswego, I rise to second the nomination of Mr. Root as President of this Convention.

Mr. Root was born in the county of Oneida and cradled in those traditions which have given to our country so many great men who have been the pillars and the bulwark of sane liberty. Recalling perhaps that splendid expression of liberty on the pediment

of the courthouse at Worcester, Mass., breathing the old Massachusetts atmosphere that "obedience to law is liberty; " of great natural attainment, of ripe experience, a man who has discharged every trust, private or public, reposed in him with remarkable success and efficiency.

Canning electrified his audience in the House of Parliament in one of these dynamic debates by saying that the new world was brought into existence to redress the faults of the old.

The Pilgrim Fathers when they deliberated before they landed on the rock-bound coast, conscious of the fact that they were taking a step in advance of everything that the world had ever seen, and forecasting Canning, drew up that wonderful compact that Bancroft said was the foundation of civil liberty in the United States, and that wonderful compact contained four words that never before had been seen in the scroll of history in connection with any form of government that man had ever devised and those words were that they would found a government based upon equal and just law.

Those significant words, the foundation of civil liberty in the United States, should be inscribed upon and always underlying the proceedings of this Convention.

This Convention may be historic; we certainly are getting issues to-day and discussing them, which involve the perpetuation of republican institutions; but I fondly believe, and I believe that the majority of this Convention believes, that with such a man as Mr. Root as President of this Convention, its outcome will be shaped in such a way that this State at least will take its place and take such an attitude that it will be able successfully to resist the assaults that are now being made upon the welfare of the State, which if successful can only lead to socialism, discord and anarchy. Gentlemen, I thank you.

Mr. L. M. Martin Mr. Secretary, I scarce can express the appreciation of the people in the home town of Elihu Root, but I wish to convey to this assembly our thanks and our cordial thanks for the honor which you have conferred upon the community in which he lives.

I suppose that it is no secret that a great many people in the rural districts view with some apprehension the calling of this Constitutional Convention to tear down and rebuild the fundamental law of the State, and we come here with considerable misgiving lest in the stress and turmoil of a convention of this size the interests of perhaps the smaller communities may be somewhat neglected. I say to the gentlemen of New York and I say to the members of this Convention, that we endorse your action to-day in placing in nomination Mr. Root, the man that we know as the

eminent statesman and great Secretary of State and great Senator, and the man that we know as a neighbor and a friend. Statesmen, gentlemen, come and statesmen go, but those men whose names are immortal, those men whose names go down in history, standing forever as a bulwark of Americanism, are the men who stand well with the neighbors associated with their daily walk in life, and we who come from the rural towns and the district where he was born, where he attended school, where he graduated from the college that now owes him so much, can say to you that no matter how small our faults are in home government and home life there never has been a moment in his great career but that he was willing and able to come to us as a neighbor and a friend, and I say to all you men that in nominating him here to-day we feel perfectly sure that every interest in this great State will be protected. Not only the great cities but the great agricultural interests of the State that go to make up its wealth and independence, and so I bring to you this message from his home town, that while this great Convention honors him it also honors itself, and we are sure that you honor us, and we thank you sincerely for the great honor you have conferred upon us.

Secretary of State Are there any further nominations? If there are no further nominations I will ask that the roll be called and that each delegate rise in his place and announce his selection. However, I will appoint as tellers to take the vote two of your members, Mr. Steinbrink of Brooklyn and Mr. A. E. Smith of New York. The gentlemen will please come forward and act as tellers. The gentlemen will rise in their places and announce their selections. The secretary will call the roll.

The call of the roll resulted as follows:

FOR ELIHU ROOT

Messrs. Adams, Aiken, Allen, F. C., Allen, V. M., Angell, Austin, Baldwin, Bannister, Barnes, Barrett, Baumes, Bayes, Beach, Bell, Berri, Betts, Blauvelt, Bockes, Brackett, Brenner, Bunce, Buxbaum, Clearwater, Clinton, Cobb, Coles, Cullinan, Curran, Dennis, Deyo, Dick, Doughty, Dow, Drummond, Dunlap, Dunmore, Dykman, Eggleston, Fancher, Fobes, Ford, Franchot, Gladding, Green, Greff, Hale, Heaton, Hinman, Johnson, Jones, Kirby, Landreth, Latson, Law, Leggett, Lennox, Lincoln, Linde, Low, Mandeville, Mann, Marshall, Martin, L. M., Mathewson, McKean, McKinney, McLean, Mealy, Meigs, Mereness, Mulry, Nicoll, C., Nicoll, D., Nixon, Nye, O'Brian, J. L., O'Brien, M. J., Olcott, Ostrander, Owen, Parker, Parmenter, Parsons, Pelletreau, Phillips, J. S., Phillips, S. K., Potter, Quigg, Reeves, Rhees, Richards, Rodenbeck, Rosch, Ryan, Ryder, Sanders, Sargent, Saxe, J. G., Saxe, M., Schurman, Sears,

Sharpe, Sheehan, Shipman, Smith, E. N., Smith, R. B., Stanchfield, Standart, Steinbrink, Stimson, Stowell, Tanner, Tierney, Tuck, Vanderlyn, VanNess, Wadsworth, Wafer, Waterman, Webber, C. A., Weber, R. E., Weed, Westwood, Wheeler, Whipple, White, C. J., Wickersham, Wiggins, Williams, Winslow, Wood, Young, C. H., Young, F. L.-133.

FOR MR. MORGAN J. O'BRIEN

Messrs. Ahearn, Bernstein, Burkan, Byrne, Dahm, Daly, Donnelly, Donovan, Dooling, Eisner, Endres, Eppig, Fogarty, Foley, Frank, Griffin, Haffen, Harawitz, Heyman, Kirk, Leary, Leitner, Martin, F., Newburger, Schoonhut, Slevin, Smith, A. E., Smith, T. F., Unger, Wagner, Ward, White, J. J.— 32.

When Mr. Adams' name was called he said:

"It is with the greatest pleasure that I cast my vote for the Hon. Elihu Root."

When Mr. Mann's name was called he said:

"In order to give emphasis to the idea that this Convention is to be run on absolutely non-partisan lines, I vote for Mr. Root." Mr. Wagner-I move that the election of Mr. Elihu Root, as President of this Convention, be made unanimous.

The Secretary of State-It is moved and seconded that the election of Mr. Root be made unanimous. All in favor say Aye. The motion is carried unanimously.

Secretary of State - Mr. Root having received the unanimous vote of all the members of this Constitutional Convention, I declare him duly elected President of this Convention and appoint Mr. Low and Mr. Wagner as a committee to escort Mr. Root to the chair.

Mr. Root was escorted to the chair by the committee.

The Secretary of State (administering oath to Mr. Root)— Do you solemnly swear that you will support the Constitution of the United States and the Constitution of the State of New York and that you will faithfully discharge the duties of President of the Constitutional Convention according to the best of your ability? Mr. Root I do.

Secretary of State Members and gentlemen, it gives me pleasure to introduce to you, or rather to present to you, the President of the Constitutional Convention, the Hon. Elihu Root.

Mr. Root-Gentlemen of the Convention, I thank you for the great honor that you have conferred in making me your President, I prize very highly the confidence which it implies. The presiding officer of the Convention can accomplish nothing of value without your unselfish support, but I feel sure of having that, and with it I shall try to administer fairly the rules of parliamentary law which are based upon the experience derived through centuries of