don, I will withdraw that, because it may be offensive, but to bring this up at this time before the committee on resolutions has reported at all seems to me not to be conducive to harmony in this convention, and harmony is the one thing we want to maintain in the future. Now, even if you do not believe a single word I am saying to you about the report of that committee on resolutions, you will have ample time after the committee does report to move a substitute or change that report. Now, in view of that I am going to ask, in the interest of this association, gentlemen, not today or tomorrow but for the years to come I am going to ask Mr. Wright temporarily to withdraw that resolution. (Applause.)

Mr. Wright: Mr. Chairman, there never has come before this association a question of importance anywhere near equal with this. I hold that I have every right as a member of this association, and my right as a member of the association has not been questioned I hold that I have every right, at this or any other time, to offer any resolution that suits me. as every other member has a right to vote against it if it does not suit him. But why refer this matter to the resolutions committee? It is possible that they may kill it, that they may pocket it. I may then be put in the shape of having to offer it tomorrow afternoon after half the membership has gone home. I have a right to offer this resolution. Every man has a right to vote for or against it, and I do not intend to be pocketed by the resolutions committee, if that is their intention. I do not intend to be put in the place of having to offer a resolution contrary to one which they may offer at that time.

(Roll-call demanded by many delegates.)

Mr. McCabe: Mr. President, there has been one statement made by Mr. Briggs that has been absolutely overlooked. Mr. Briggs stated specifically that Mr. Jaffa, who is admitted to be a member, would cast the vote of that state. Now, where is the question on California?

it be a viva voce vote?
Secretary Allen: California-

Mr. Wright: If this roll-call is to be alphabetical, there are other states that would come prior to California.

Secretary Allen: I was only reading the states that had been registered to date. (Continuing roll-call.) Alabama, Arizona, (Three votes for resolution.)— President Emery: Objection is made to the receiving of the vote of Arizona.

Mr. Jones (Illinois): I beg pardon, but what is the objection?

President Emery: State the objection.

Secretary Allen: The membership, as I tried to get clear a while ago, of this association, has not been fixed and must be before votes can be had. Let me read once and for all what constitutes the ex-officio membership of the association

Mr. Dillon: I insist upon a roll-call.

President Emery: We are going to have the rollcall of this association as provided by the constitution. Mr. Wright: Certain people or states are members of this association whether we want them to be or not. President Emery: Certainly.

Mr. Wright: Now, when the state is called, if some individual from Iowa attempts to vote in my place I am going to make a kick about it. That is the time

to settle whether I am entitled to vote or whether he is entitled to vote.

President Emery: Well, I think the association determines who constitute the members of this body under the constitution and the by-laws.

Mr. Wright: And if some non-member attempts to vote, that is the time to stop him.

President Emery: That question has come up now on the state of Arizona. I rule against the vote of Arizona at this time.

Mr. Wright: On what grounds?

President Emery: On the grounds that Arizona, as I understand it, has not an official state pure food department.

Mr. Wright: Is there a person here desiring to vote for Arizona?

President Emery: Yes, sir.

A Delegate: I object.

Mr. Wright: What are his credentials, if he has any?

Delegate from Arizona: They are filed with the secretary.

Secretary Allen: The gentleman from Arizona has credentials from the governor which provide that he is eligible to membership in this convention and is not an ex-officio member.

Mr. Jones (Illinois): Mr. Chairman, if there is no other difficulty, I should think the governor of the state would have the right to say about that, and I should think this gentleman represents the interests of that state, and if there is no question about it I move that he be seated as a delegate to this convention. (Seconded.)

President Emery: That question will come again when the roll-call of states is made.

Dr. Woods Mr. President, this motion now before us is out of order, as it cannot be decided by anybody in connection with this convention until the membership is established.

Dr. Bryan: Mr. President, may I state something in regard to the history of this

Mr. Dunlap: Mr. President, I move that we recess until two o'clock. (Seconded.)

President Emery: The motion is for an adjournment until two o'clock, which is in order.

(Many delegates attempt to secure recognition by the chair.)

President Emery: You are out of order, gentlemen. The motion is not debatable.

Mr. Wright: I want to call for a roll-call on that, Mr. Chairman. (Laughter.)

President Emery: Very well, we will have a roll

call.

Mr. Worst: Mr. Chairman, you understand, a good many of you at least, that the first duty of any convention is, before it can take any vote or entertain any motion, except it is a usual viva voce affair, to fix the status of its voting power, and you cannot take a vote on anything until you appoint that committee on credentials.

Mr. Wright: Mr. President, may I ask a question? Was it or was it not decided on Tuesday of this week that I was a member of this association?

President Emery: I think the constitution decides you were a member of this association because you represented the dairy and food commission of Iowa. Mr. Wright: There is no question about me, then? President Emery: I think not.

Mr. Wright: Is there any question about Mr. Allen or yourself or any one of those other gentlemen? President Emery: I think not. The ruling of the chair on that point is this, that, technically, the bylaws on membership plainly give membership to those who are members of state official dairy and food departments, and so in the department of agriculture. Secretary Wilson is the head of that department. They are distinct departments. But where there is no such department this person is eligible to membership or election to this association if the governor recommends him for that.

A Delegate: Mr. Chairman,—

President Emery: Mr. Wright has the floor.

Mr. Wright: Mr. President, I have stated several times that I am anxious to have this matter straightened up amicably and to the satisfaction of all. I want to know whether right now there are not some twentyfive or thirty states, or some number, about whose right to vote there is no question on the part of any

one.

Secretary Allen: Yes.

President Emery: There certainly is.

Mr. Wright: The last motion was made on an appeal from the chair relative to Arizona. Now, it seems to me that Arizona at this time has no right to vote. The question to be decided is whether we shall give them that right to vote or not. If we give it they have the right to vote, if we do not give it they do not have it, but we have a right to vote, and you have, and Mr. Woods, and some of these other people, so let us settle it.

President Emery: That is the only way to do. Those states about which there can be no controversy must settle the question of admitting delegates from other states to membership.

Mr. Bird: Mr. President, it is pretty hard to get harmony in this convention; I don't know whether we are going to do it or not. Is not this fair-to adjourn until a specified time, one o'clock or two o'clock, and make that a special order for the report of the committee on resolutions. (Several voices of protest.)

Now, I have another reason for that. You will find if we go and eat our lunches we will come back here with plans in our minds whereby we can get along without friction. I don't think we are going to do it just now.

Dr. Dillon: Mr. President, I rise to a point of order. The roll-call of states has been called for, and you have called two states, and you should not allow an interruption of the roll-call under any circumstances that I know of to entertain resolutions or motions or anything else.

President Emery: And as the roll has been called there have been objections made to the reception of a

vote.

(Several voices: Proceed with the roll-call.) Mr. Flanders: Mr. President, I think if the rollcall is proceeded with, votes can be protested, and when we are through if there are any votes to be ob jected to, let them be objected to, and let the chair rule, and then if we disagree we can appeal from his decision and settle that question. (Several voices: That is right.)

(Roll-call demanded.)

Secretary Allen: California,

A Delegate: What is the motion?

President Emery: The question is upon the adoption of the resolution as offered by Mr. Wright. A Delegate: The motion is to adjourn. President Emery: I think the gentleman is right. about it. A motion to adjourn is always in order, and a motion to adjourn is not debatable.

Mr. Cannon: Mr. President, do you hold that a motion to adjourn is in order pending a roll-call? President Emery: It was made prior to the roll

call.

Mr. Cannon: The motion was made to adjourn. President Emery: I don't think a motion to adjourn is in order pending a roll-call.

Mr. Wright: Might it not expedite matters to have a rising vote on the question of adjournment?

Dr. Dillon: I make the point of order, Mr. President, that there is nothing before the house except a roll-call.

Secretary Allen: California (3 votes for); Colorado (3 votes for); Connecticut (3 votes for). Mr. Potter (Connectitcut): I claim the whole thing is out of order.

(Demands to proceed with roll-call.)

Mr. Potter (Connecticut): Roll-call on what? President Emery: The roll-call is on the voting for this resolution, and I did not understand the vote of the gentleman from Connecticut.

Mr. Potter: The vote from Connecticut was three votes in favor of adjournment. (Laughter.) I question whether you can take any action on a resolution when there is a motion for adjournment.

President Emery: The motion to adjourn, I think, was made pending the roll-call, and as such, I think it was out of order. Am I right?

(Several voices: You are right.)

Mr. Potter: Will you please inform me what I am to vote on?

President Emery: The resolution is: (Repeats resolution offered by Mr. Wright.)

Mr. Potter: Connecticut votes no.

Secretary Allen: Delaware. (No response): District of Columbia (3 votes for); Florida (3 votes against); Georgia (3 votes for); Idaho (3 votes for); Illinois (3 votes for); Indiana (3 votes against); Iowa (3 votes for); Kansas,—

Mr. Crumbine: Mr. Chairman, I desire to speak a word of explanation of Kansas vote. While Kansas has the best regard for this committee and for their work, still we feel that the work has not been broad enough in its findnigs. We feel also that an endorsement of this resolution—

Mr. Jones (Illinois): Mr. President, I rise to a point of order. There should be no address made here during this roll-call. I object to the remarks.

President Emery: I think he has a right to explain his vote.

Mr. Jones (Illinois): Not without permission of the house.

President Emery: Do you want a roll-call on that? Mr. Jones (Illinois): Yes, sir, if it is recorded I do. If we start out each one to explain his vote we wouldn't get through here today.

Mr. Crumbine: Well, I want the reason for our vote to go before the public.

President Emery: I hold the gentleman has a right to explain his vote.

Mr. Jones (Illinois): Mr. Chairman,

President Emery: I think Mr. Jones is out of order.

Mr. Jones (Illinois): Mr. President, I rise to a point of order.

President Emery: State your point of order.

Mr. Jones (Illinois): The point of order is thisthat we have had both of these reports here; that this convention is well informed as to everything that has been done, and that no gentleman has a right in any deliberative body I have ever been in, unless by mutual consent, to explain his vote, and I object to it. I do not want to appeal from the decision of the chair, but if I am compelled to do it I will do it.

President Emery: Mr. Worst, I want to ask your opinion on that. Mr. Worst is an experienced offi

cer

Mr. Worst: Well, I don't want to be called any such name as that. There is no deliberative body, except there is a rule expressly prohibiting it, but what a man can always explain his vote. He has a right to do it.

Mr. McCabe: Mr. President, will you recognize me just a moment? Let us get somewhere on this. We are either for the resolution or against it. I would ask Mr. Jones of Illinois to withdraw his objection. and to allow the gentleman, within reasonable limits, to explain his vote.

Mr. Jones (Illinois): I think I am in accord with the rules of parliamentary proceedings, but in the interest of harmony, if you have any, I will withdraw it.

Mr. Crumbine: Mr. President, I do not desire to be offensive to this association for any purpose, or for the pupose of airing my own views, and I shall not touch upon that question, except to say that I do not believe the resolution is in a form so as to give to the public all over this country, as it will be given, the rea! idea which it should convey. I believe, as a board of health man, with Dr. Reed, that this is more of a

pharmacological question. I think the experiments

should continue. In other words, I do not think it has been decided. There are two different committees, and I think the work has been very excellently done, from different viewpoints, and some other work should be done, and therefore Kansas desires to vote no.

Secretary Allen: Kentucky (3 votes against); Louisiana (3 votes for); Maine (3 votes against); Maryland (no response); Massachusetts (3 votes for); Michigan,—

Mr. Bird: Mr. President, until the resolutions committee makes its report Michigan is present but respectfully declines to vote.

Secretary Allen: Minnesota (3 votes against); Missouri (3 votes for); Montana,

A Visitor: Montana's delegates are on the way but are not here yet. They would vote no if they were here. (Laughter.)

Secretary Allen: Nebraska (3 votes for); Nevada (3 votes for); New Hampshire (no response); New Jersey (3 votes against); New York (3 votes for); North Carolina,

Dr. Allen (North Carolina): Mr. President, as this resolution has not been before the resolution committee. I don't think it is the proper time to act upon it. I think this is not the proper time for the resolution. North Carolina votes no.

Mr. Dunlap: Mr. President, Ohio respectfully refuses to vote until we have the report of the resolutions committee.

Secretary Allen: Oklahoma (3 votes for); Oregon (no response); Pennsylvania,—

Mr. Foust Pennsylvania declines to vote at this time until the resolutions committee makes its report. Three votes not voting.

Secretary Allen: Rhode Island (3 votes against); South Carolina (no response); Tennessee,

Mr. Brown: Tennessee votes no pending the settlement of this question by the resolutions committee.

Secretary Allen: Texas,

Mr. Abbott: Texas votes no pending the report of the resolutions committee.

Secretary Allen: United States Department of Agriculture,

Mr. McCabe: Mr. President, United States Department of Agriculture and other members present. IO out of the II voting, 3 votes in favor of the resolution.

Secretary Allen: Utah (3 votes for); Vermont (no response); Virginia (no, pending report of resolutions committee); Washington (3 votes for); South Dakota,

Dr. Cook: Mr. President, I desire to explain, as there are some grave questions in my mind on this point, that I believe the board has given us the best light we have, and I hope we may get more light in the future. In view of all I have before me I vote in favor of the resolution.

Secretary Allen: Wisconsin (3 votes against): Wyoming (3 votes for); New Mexico (3 votes for).

been called. There is objection to New Mexico. President Emery: New Mexico should not have

A Delegate: Are we correct in supposing that three votes are cast by each state whether it is so declared or not?

President Emery: Yes.

The Delegate: And without regard to whether the three votes are declared or not for that state?

President Emery: Yes.

Secretary Allen: I have the roll-call: 55 to 45 in favor of the resolution.

Mr. Jones (Illinois): I would like to have the vote announced so that we can hear it.

President Emery: The stenographer will read the vote as cast, and if there is any error in the record of votes as cast they will be corrected instanter.

Secretary Allen: Arizona 3 votes,

President Emery: That was protested and not recorded.

Mr. Jones (Illinois): In order that this matter be determined, if they cannot determine, I move that two tellers be appointed.

President Emery: We were just waiting to have the stenographer read the vote to have it verified.

Secretary Allen: The tally that I have is: (Repeating vote by states.) Total for, 57; total against,

President Emery: The resolution is adopted.

COLORADO

DISTRICT OF COLUMBIA

GEORGIA

IDAHO

ILLINOIS

IOWA

LOUISIANA

MASSACHUSETTS

MISSOURI

FOURTEEN (14) STATES OR DEPARTMENTS VOTING THREE VOTES EACH TOTAL OF....... THOSE PRESENT BUT REFUSING TO VOTE: MICHIGAN

OHIO

PENNSYLVANIA

42

9

THREE (3) STATES OR DEPARTMENTS REFUSING
TO CAST THEIR VOTES TOTAL OF......
ARIZONA AND NEW MEXICO SHOW A VOTE OF
THREE (3) EACH IN FAVOR OF THE RESOLUTION
BUT NOT COUNTED.

[Ed. Note.-The records of the proceeding shows that some one voted no for Rhode Island, but as no delegates were recorded as present from Rhode Island it was not counted.]

Mr. Wright: Mr. Chairman, I move that we adjourn until three o'clock. It is now one o'clock.

President Emery: Unless objection is made this will be taken as the sense of the meeting. This body is now adjourned until three o'clock this afternoon. Mr. Foust: It is now one o'clock. That motion is not seconded. I desire to make a motion at this time. I desire to move that we adjourn until 2:30 and that

the first order of business be the report of the committee on resolutions. Mr. Wright: I second the motion to adjourn. (Motion seconded by others.)

Secretary Allen: The question is on the tabling of the resolution.

Mr. Wright: No, it is on the motion to adjourn until two-thirty.

Mr. Cannon: I ask for a division of the question. President Emery: I think the motion should be divided.

Mr. Foust Then, Mr. President, I will change that motion, that the first order of business when we meet this afternoon be the report of the committe on resolutions. (Seconded.)

President Emery: It is moved and seconded that the first order of business when we meet this afternoon be the report of the committee on resolutions

Dr. Dillon: Mr. President, there is a motion to adjourn before the house.

President Emery: I think not. Now, here is the question of the vote. How will we vote, gentlemen? (Several voices: "Viva voce.")

President Emery: If there are no objections this will be taken as the sense of this association-that that be the order of business at 2:30 this afternoon. (No objection.)

The association stands adjourned until that time.

AFTERNOON SESSION.

Thursday, August 26, 1909, 2:30 O'Clock p. m. President Emery: The association will please come to order. Will the gentleman who wished to make an announcement please come forward and make it. (Announcement redistribution of cantaloupes, etc.)

President Emery: The first order of business this afternoon is the report of the committee on resolutions.

Mr. Wright: Mr. Chairman, I do not want to occupy all of the time of this convention, but would it not be wise to take up the question of the acceptance or rejection of the gentleman from Arizona?

President Emery: I think the special order of business takes precedence of anything else.

Dr. Dillon: Then, Mr. President, I move that the order of business be transposed and that the eligibility of the gentleman from Arizona be determined.

President Emery: Do you want to spend the time of the convention on roll-calls?

Mr. Worst: Mr. President, in deliberative bodies. no minor action can be substituted for a major action. Now, this order of business was established by unanimous consent, and nothing but unanimous consent can change it.

Mr. Jones (Illinois): Mr. President, I do not understand the order of business in regard to the resolutions. Is that what the gentleman has reference to? President Emery: Yes, sir, the first order of business this aftrenoon, the report of the committee on resolutions, was by unanimous consent. Is the committee on resolutions ready to report, Dr. Woods?

Dr. Woods: Your committee has received various resolutions which it has acted upon, and with one exception they come to you with the unanimous endorsement of the committee. When there is only a minority endorsemnt in favor of the one I will call your attention to that. I wish that we could have had that

lutions to take their normal course and go to the committee on resolutions so that matters that are a little bit in dispute can be properly adjusted. I think every resolution we have here that is unanimously reported by this committee will probably receive your practically unanimous endorsement.

RESOLVED, THAT THIS ASSOCIATION EXPRESS ITS CONFIDENCE IN AND ITS ENDORSEMENT OF PRESIDENT TAFT, EX-PRESIDENT ROOSEVELT AND THE SECRETARIES OF AGRICULTURE, COMMERCE AND LABOR AND OF THE TREASURY FOR THEIR EFFORTS WHICH HAVE BEEN AND ARE BEING MADE TO SECURE SCIENTIFIC, JUST AND LEGALLY CONCLUSIVE SETTLEMENTS OF THE INTRICATE PROBLEMS OF FOOD LAW ADMINISTRATION.

For the committee I move its adoption.

President Emery: You have heard the resolution as read, and Dr. Woods has moved its adoption. Is there a second? (Seconded.)

It is moved and seconded that this resolution be adopted. We have a constitution that calls for all votes to be by states.

Mr. Jones (Illinois): Mr. Chairman, I move that the roll-call of states be dispensed with, and that we vote viva voce. (Seconded.)

President Emery: I am willing to take this upon this basis as presiding officer. I wish to state, gen