that we should have been able to pass through such vast transitions, from the pioneer stage to our existing complex social life, with so little of constitutional change. The most important concrete thing that has come about is to be found in the life and the vitality of our municipal corporations. The state must to some extent reorganize itself in view of all this astounding development. It is no longer passive or negative in its functions. Society proposes to use the organism of the state for purposes requiring not only the highest intelligence but a constant regard for social and ethical problems. This is especially true concerning the largest and the most complex of all our fortyeight commonwealths. I feel confident that the constitutional body of 1915 will endeavor, in so far as may seem feasible, to bring the organic law of the state into conformity with the needs and opportunities of our great period in the world's life. All that scientific groups, like this Academy of Political Science, can do to discuss the several subjects and problems that the convention should consider, will doubtless help to instruct public opinion at large; and it may be of some service to the members of the convention itself. It is in this spirit of scientific inquiry, rather than in the spirit of agitation, that the Academy in its sessions to-day and to-morrow will discuss a number of the more important of these constitutional topics. (53) TH THE CONSTITUTIONAL CONVENTION: WALTER F. DODD Associate Professor of Political Science, University of Illinois HIS paper proceeds upon the assumption that a convention. is to be assembled under constitutional provisions substantially similar to those now in force in New York, and deals primarily with problems which present themselves in connection with the work of the convention. The most essential characteristic of the convention clause of the constitution of New York is that which makes the assembling of a convention independent of further legislative action, after the people have declared by popular vote that they desire a convention. Preliminary Work for a Constitutional Convention Much of the work of constitutional conventions is ineffective because the members of such bodies have ordinarly not. had presented to them in usable form necessary information regarding the problems with which they must deal. Committees are, of course, appointed by conventions, and these committees must do a great deal of independent work, but a convention is a temporary body which cannot remain in session long enough to accumulate all the materials and information needed in connection with its work. Convention committees are in a much less satisfactory position than committees of the legislature, for legislative bodies meet frequently, and many of their committees accumulate in time an important body of information. For a convention, which is to remain in session but a short time, the work of accumulating information and documents must, if it is to be done at all, be done mainly in advance of the meeting of the convention. Persons interested in particular questions will, of course, be willing to present to a convention information upon such questions, but the accuracy and impartiality of information so furnished cannot always be relied upon. Texts of the state constitutions have in some cases been made available for conventions, but preparatory work of this sort is not sufficient. Members of a convention have neither the time nor the opportunity to investigate carefully in each case the working of provisions in other constitutions, and if they have nothing but the texts of other constitutions before them, much of their work must necessarily be done with "paste-pot and scissors." Collections of constitutions were made available for the New York conventions of 1867 and 1894, and for the Michigan convention of 1907-08, and a digest of state constitutions was prepared for the Ohio convention of 1912. For the New Hampshire convention of 1902, a manual containing much useful information was prepared. It is in New York that the most systematic effort has been made to prepare in advance materials for the use of a convention. Nothing was done in advance for the convention of 1846, but a compilation of constitutions already in print was purchased by the convention and a manual was prepared after the convention had assembled.' For the convention of 1867 it was by law made the duty of the secretary of state, attorney-general, and comptroller to cause to be prepared and ready for the convention at the commencement of its session a suitable manual, two copies of which were to be furnished to each member. In compliance, a manual in two volumes was prepared under the editorship of Franklin B. Hough. One volume contained a compilation of constitutions, and the other statistics and information regarding finances, the departments of the state government, etc. These volumes were not ready at the commencement of the convention's session. For the New York 1 Manual for the Use of the Convention. New York: Walker and Craighed, 1846, PP. 371. See pp. 369-371. 2 N. Y. Laws, 1867, i, 291, 1126. New York Convention Manual. Albany, 1867. 2 vols. Hough also prepared, before the convention of 1867, an annotated text of the New York constitution, with the constitutional provisions of other states classified by subjects, and this volume was published upon the order of the convention. convention of 1894 the secretary of state, attorney-general, and comptroller were required to appoint a compiler "who shall cause to be prepared and ready for said convention, at the commencement of its session, a suitable manual . . . and also suitable compilations for reference. . . ."1 ." Under this authority a compiler was appointed, who prepared a manual in ten volumes. Much of the material prepared was useless, and several of the volumes did not appear until the convention had been some time in session. Unwisely, the legislature vested with the compiler control over the printing for the convention, and friction resulted from this arrangement. A convention should not be in any way controlled by those chosen to prepare information for its use. For the New York convention of 1915 provision has been made for a commission composed of the president of the senate, the speaker of the assembly, and three citizens appointed by the governor, to serve without compensation. "Such commission shall collect, compile and print such information and data as it may deem useful for the delegates to the constitutional convention . . . in their deliberations. . . . Such information and data in printed form shall be supplied to such delegates before the opening of the convention, and as soon as practicable after the same is printed." 3 In 1890 the legislature of New York created a commission whose duty it was to recommend constitutional amendments dealing with judicial organization. Before the report of this commission was acted upon by the legislature, the constitutional convention of 1894 was authorized, and that body profited by the careful investigations and report of the commission. Before the assembling of a convention in any state the legislature should authorize the appointment of an impartial commission 'N. Y. Laws, 1893, i, 14, 18; 1894, i, 400. 2 Revised Record N. Y. Convention of 1894, i, 293-312. The manual compiled by George A. Glynn was composed of the following volumes: part i, vol. i, Secretary's Manual; part i, vol. ii, Delegate's Manual; part i, vol. iii, Delegate's Diary; part ii, vols. i, ii, American Constitutions; part ii, vol. iii, Foreign Constitutions; part ii, vols. iv, v, Statistics; part ii, vol. vi, New York Constitution annotated; part ii, vol. vii, Government of Cities. N. Y. Laws, 1914, ch. 261. to investigate the important constitutional problems and to report thereon to the convention. Apportionment and Election of Delegates If the assembling of a convention is to be made independent of legislative action after the people have voted that a convention should be held, the details as to its organization and election must appear in the constitution. Where the number of delegates is fixed in the constitution, some existing representative area or body must necessarily be taken as the basis. A number of states provide that a convention shall consist of as many members as the state house of representatives. provide that the number shall be not less than that of both branches of the legislature, or shall not exceed that of both branches, or shall equal them, or shall be not less than double the most numerous branch, or shall be twice that of the senate. Some A convention is primarily a deliberative body and should not be so large as to prevent the satisfactory performance of its functions. When, as in New Hampshire in 1902-03 and 1912, a convention is composed of four hundred and sixteen members, it becomes too unwieldy for effective work. Michigan, Missouri, New York, and Illinois adopt the senatorial district as a basis of representation, and in all of these states except New York the convention is small enough to be an effective body. In Michigan the constitutional convention of 1907-08 was composed of ninety-six members, and a future convention in that state will be of the same size. In Illinois, under the present arrangement of senatorial districts, a convention would have one hundred and two members. The New York convention of 1894 provided that a future convention should be composed of three delegates from each senatorial district and fifteen delegates at large; in 1884 there were fifty senatorial districts; now there are fifty-one. The New York convention of 1894 was composed of one hundred and seventy-five members. The Ohio convention of 1912 had a membership of one hundred and nineteen. It has been suggested above that in New York there are fifteen delegates elected from the state at large. The same |