FORENOON SESSION.

Friday, August 27, 1909, 11:50 o'clock a. m. President Emery: The association will please come to order.

Yesterday there was one paper omitted from the program on account of Mrs. Kelley being unable to reach the city owing to two wrecks, and a washout. but she is here this morning, therefore we will take this as the first on the program. It is a paper entitled, "The Need of State Laws to Protect the Consumers' Meat Supply," prepared by Miss Alice Lakey, Chairman Food Committee National Consumers' League, and will be read by Mrs. Florence Kelley, Executive Secretary National Consumers' League, New York City. (Applause.)

THE ADDRESS OF MRS. KELLEY WILL BE PRINTED IN A SUBSEQUENT ISSUE OF THE AMERICAN FOOD JOURNAL.

President Emery: Unless objection is made this resolution of Miss Lakey will be referred to the committee on resolutions. It is so referred.

Yesterday in calling the program Mrs. Amidon was not present, and it was not found that her paper was present. Her paper is here this morning and it will be read by title and referred.

Secretary Allen: The paper is so read.

THE PAPER SUBMITTED BY MRS. AMIDON WILL BE PRINTED IN A SUBSEQUENT ISSUE OF THE AMERICAN FOOD JOURNAL.

President Emery: The first paper upon the program for the morning is "Soda Fountain Syrups and Crushed Fruits Without Preservative," by Mr. W. P. Anderson, Secretary J. Hungerford Smith Company, Rochester, New York. (Applause.)

MR. ANDERSON'S PAPER WILL BE PUBLISHED IN A SUBSEQUENT ISSUE OF THE AMERICAN FOOD

JOURNAL.

President Emery. The next paper is on "The Preparation of Condiments Without Preservative," by Mr. Charles F. Louden, President The Louden Packing Company, Terra Haute, Indiana, which will be read by the secretary.

MR. LOUDEN'S PAPER WAS THEREUPON READ BY THE SECRETARY, AND WILL BE PUBLISHED IN A SUBSEQUENT ISSUE OF THE AMERICAN FOOD

JOURNAL.

President Emery: A paper on "The Advance Toward Higher Food Standards, Some Helps and Some Hindrances," by Mr. L. S. Dow, of H. J. Heinz Company, Pittsburg, Pennsylvania.

THIS ADDRESS WILL BE PRINTED IN A SUBSEQUENT ISSUE OF THE AMERICAN FOOD JOURNAL.

Dr. Dillon: Mr. President, I move that the election of officers of this association be made a special order for two o'clock this afternoon. (Seconded.)

President Emery: I shall rule that this, to be taken. out of the regular order, unless it goes by unanimous consent, requires a roll-call of the states and twothirds majority. There is a rule of procedure, and to change that rule of procedure, except by unanimous. consent, will take that course.

Dr. Dillon: Then does the president of this association refuse to put a motion I have offered in this convention and that has been seconded? I make the point of order that I have a perfect right to make any motion at any time, except in the interruption of a rollcall in this convention. I have a right to interrupt the carrying out of the program in making a motion of this kind.

President Emery: Yes, sir.

Dr. Dillon: Then you hold I am out of order in making the motion?

President Emery: No, sir, I do not; I hold that in doing that, this will be passed upon, unless it is unanimously consented to, by a vote of the states, and I simply want to raise the question that you understand the proposition before you.

Mr. Cannon: Mr. President, I do not presume there could be any particular objection to the chair ruling that this should be decided by a roll-call of the states, and I am inclined to think that the president thoughtlessly said it would require a two-thirds vote to decide it. I don't think the president said that intentionally, because this cannot be a constitutional question. As I understand it, this program was arranged by the presi dent and executive committee, I presume in the full pursuance of their prerogatives. Nobody objects to that at all, but I do not believe the president intended to say it was a constitutional question and that it would therefore require a two-thirds vote to carry it. Am I correct?

Mr. Worst: Mr. President, I would like to inquire. whether it does not require a two-thirds vote to change a rule, and whether the program is not in effect a rule in a legislative assembly.

Mr. Cannon: Of course the president is the one to decide that question. If it were left to me, with several sessions of the legislature to my credit, I should say you are wrong. Any rule which was fixed by a majority of the legislative body requiring the two-thirds rule to suspend would have to have a two-thirds vote, but I fail, in all my experience, to see where a program or order of business not established by such a rule would require two-thirds to alter it.

Mr. Worst: In order to protect from the control of a minority the proceedings of deliberative bodies, to change the rule or established order has always required a two-thirds vote.

Dr. Dillon: Mr. Chairman,—

Mr. Cannon: If the chairman will bear with me a minute. That situation differs from this in that the legislative body by rule has declared that the rule shall not be amended or suspended except on two-thirds vote. We have no such rule; we are discussing a program. President Emery: Is that program like an order of the day?

Mr. Cannon: Not unless it is so fixed by the bylaws or constitution of this society, Mr. President. I respectfully suggest to you that I really do not think. you intended to say that. I don't think you did.

President Emery: Well, I have been of that impression, that this program was in the nature of an order of the day.

Mr. Cannon: That, of course, would be true if that were fixed by the by-laws, but it is the act of the executive committee, to fix the program, and it is a function that you should no doubt exercise, but it is by no means a part of the by-laws or constitution of this society.

President Emery: No, I see that.

Mr. Cannon: I think you are right to call for a roll-call on this motion.

Mr. Dunlap: Does not the program provide for the election of officers the first thing after we meet at two o'clock?

Mr. Cannon: No, sir.

Mr. Dunlap: We have the report of the committee on resolutions. Thereafter there would be no committee reports, unless it would be the reports of the committees to report next year.

Mr. Cannon: Well, then, that throws another light on it, if there is to be no committee report. Still I think we should know the fixed time when this is coming up. There is no disagreement on this subject; we all only want to know what time it will be, so that we can be here.

Dr. Dillon: I want to know if Mr. Dunlap questions my right at any time in this meeting to offer a resolution.

Mr. Dunlap: Oh, no, not at all.

Dr. Dillon: I made a motion, and it has a second, naming some specific action for a specific hour.

President Emery: I don't think your right to do that has been questioned by the chair. The chair simply called attention to the established rule of procedure and the ruling he would make.

Mr. Cannon: It is stated by Commissioner Dunlap —and we have confidence in his statement-that there will be no reports of committees.

Mr. Dunlap: Unless it be the report of the committee on the place of meeting, and everybody wants to vote on that.

Mr. Cannon: As there don't seem to be any disagreement, suppose you do as you did yesterday, Mr. President, state that "If there is no objection

President Emery: I stated that at the outset, Mr. Cannon.

(Question called for.)

President Emery: If there is no objection I will submit this vote to be taken by acclamation.

Mr. Jones (Illinois): Mr. President, I don't think there is any difference between you now and the gentleman from Louisiana. He just wanted to know, and I think the chair stated, that this program comes up regularly after the adjournment. That being true. this comes up first on the program. If that is true we are all agreed on it.

President Emery: What I understand and desire. here is to know, by all parties, when the election will take place.

Dr. Dillon: That was my object absolutely, Mr. President.

President Emery: Now, the motion was that the election of officers be the special order at the opening of the session at two o'clock this afternoon. Is there any objection to this vote being taken by acclamation? (Question called for.)

The motion was thereupon put by the chair, and carrier unanimously.

President Emery: Before the paper that is next upon the program, upon the question of oyster growing, etc., is read I wish to say that I notice present in the audience Mrs. Sarah Platt Decker, formerly president of the American Federation of Women's Clubs, and if there be no objection, by unanimous consent, I will vary the program and call upon Mrs. Decker for a few remarks at this time. (Applause.)

MRS. DECKER'S ADDRESS WILL BE PRINTED IN A SUBSEQUENT ISSUE OF THE AMERICAN FOOD

JOURNAL.

Mr. Cannon: On behalf of the entertainment committee I want to say to you that we have endeavored to show you, our visitors, everything we had in the state of Colorado that was great and wonderful.

(Further remarks about distribution of cantaloupes, etc.)

Dr. Woods: Mr. President, by unanimous consent I would like to present these resolutions which were given in the paper this morning and referred to the committee on resolutions, at this time if it can be done by unanimous consent.

President Emery: Is there any objection?

Dr. Woods: The committee have recommended these for passage.

Mr. Jones (Illinois): Mr. President, I move their adoption. (Seconded.)

President Emery: You have heard the motion; are you ready for the question?

(Question called for.)

The motion was thereupon put by the chair, and carried unanimously. The resolutions are as follows: WHEREAS, THE UNITED STATES MEAT INSPECTION SERVICE PROVIDES FOR THE INSPECTION OF ONLY SUCH MEAT AS IS INTENDED FOR INTERSTATE TRADE, WHICH COMPRISES ONLY A PORTION OF THE TOTAL AMOUNT CONSUMED IN THE UNITED STATES, AND

WHEREAS, THE UNINSPECTED SLAUGHTERHOUSES WITHIN A STATE ARE IN MANY INSTANCES CONDUCTED IN A VERY UNSANITARY MANNER, AND

WHEREAS, ANIMALS KILLED IN SUCH ESTABLISHMENTS COME IN A LARGE MEASURE FROM SMALL FARMS AND DAIRIES WHERE THE PERCENTAGE OF TUBERCULOSIS IS LARGE, AND THE STATISTICS SHOW THAT NEARLY TWICE AS MANY ANIMALS ARE CONDEMNED FOR ALL CAUSES IN THE SMALLER ESTABLISHMENTS THAN IN THE LARGER PLANTS WHERE FEDERAL INSPECTION IS NOW BEING CONDUCTED;

RESOLVED, THAT WE RECOMMEND THAT EACH STATE AND MUNICIPALITY SHOULD PROVIDE FOR THE SANITARY REGULATION OF SLAUGHTERHOUSES AND EFFICIENT VETERINARY ANTE AND POST-MORTEM INSPECTION OF ALL FOOD ANIMALS SLAUGHTERED FOR CONSUMPTION WITHIN ITS OWN

LIMITS.

President Emery: Now, before we have these Colorado fruits that our friends are distributing we are to have some oysters. We will listen to a paper on "Some Important Facts Worthy of Consideration," by Mr. A. F. Merrell, President of the Oyster Growers and Dealers' Association of North America. (Applause.)

THIS ADDRESS WILL BE PRINTED IN A SUBSEQUENT ISSUE OF THE AMERICAN FOOD JOURNAL.

Dr. Woods: Mr. President, while I fully expect that when we adjourn tonight we shall sing "Blest Be the Tie," etc., I think there are some things we ought to do looking toward another convention. I have consulted with some of my fellow delegates, who do not have the same feelings with regard to who ought to be the officers of this association for the next year as I do, and I think most of the friction has come from the fact that we were here two days without organization, which ought not to be, and I would like to make certain by unanimous consent here that the executive committee meeting before the meeting of the next convention make up a temporary list which shall give us a basis for action for membership in the next convention. I therefore would make that motion, if I may, by unanimous consent. (Seconded.)

President Emery: Is there any objection to this motion being put?

(Question called for.)

The motion was thereupon put by the chair, and carried unanimously.

AFTERNOON SESSION.

Friday, August 27, 1909, 2:00 o'Clock.

(Actually called to order at 2:20 p. m.) President Emery: The association will be in order. Dr. Woods: Mr. President and gentlemen, I would like to present a matter to you by unanimous consent, without asking for a viva voce vote. Yesterday at the roll-call it was found that the state of Arizona was represented here by a gentleman on the authority of his governor. It seems that at the same time a gentleman was sent here by the governor of Mississippi, where their food law is pending, in order to confer with us, and get everything that he could out of the convention. He was not here at the time when this roll-call was made yesterday and so did not understand that his credentials would make him a member

of this association. Yesterday we made the gentleman from Arizona-I think I am right in this statement-a member by unanimous consent, and if I may have the unanimous consent of the house I would like to make a motion that this gentleman be admitted to membership in this association in the same way as was done with the gentleman from Arizona. That is, they have no state law, but they are making a state law. He holds the credentials of his governor, and is appointed

to represent the state here.

(Demands from various delegates that the regular order be maintained.)

President Emery: Is unanimous consent given to take a vote by acclamation?

POINT

OF

EORDER

M

President Emery: What is your point of order? Dr. Dillon: My point of order is that we made. the election of officers of this association a special order for two o'clock, and it is now half-past two, about, and I shall absolutely insist that we proceed under the motion adopted this morning and elect the officials of this organization. (Applause.)

Dr. Woods: Mr. President, I move that we postpone the regular order for fifteen minutes. Dr. Dillon: Mr. President, I move that the motion be tabled.

Mr. Rose: I second the motion, and I will go further, Mr. President. I believe every state in this properly accredited, and I second Doctor Wood's posiUnion is entitled to representation on this floor when

tion.

resolution, for two o'clock, to consider anything that may come before this association at this particular time except the election of officers, and I call for the election of officers under the resolution adopted this morning, and it is twenty-five minutes past two.

President Emery: The chair rules that a motion to postpone is a question of special privilege and is ir order.

Mr. Wright: A special privilege for whom?

President Emery: To be voted upon. Dr. Woods has made a motion that we postpone the special order for fifteen minutes, and that has been seconded. The chair holds that that is a special order, and that the motion is in order. It is not debatable.

Mr. Cannon: What is not debatable?
President Emery: I want to say this-

Mr. Cannon: It is one of the 57 varieties, is it not? Dr. Dillon: I insist that there is nothing in order but the election of officers, on account of the motion adopted this morning, and I defy any member of this convention to show to me a parliamentary usage or a regulation of any legislature, of the national house or senate, or any rules and regulations that would interfere with the taking up of a motion that had been adopted at a previous meeting making a special order for a special hour-allowing it to be interrupted in any way. (Applause.) I will ask the chair to decide this question by the rules and regulations or by-laws or by the parliamentary practices established by the legislatures of any state or by the national house or sen

ate.

President Emery. The chair is being guided in this decision by Roberts' Rules of Order, that a question to postpone is a special

Dr. Dillon: Then I call for the reading of any such ruling from Roberts' Rules of Order.

President Emery (reading from section 21 of Roberts' Rules of Order): This motion to postpone "takes precedence of a motion to commit or amend or indefinitely postpone, and yields to any privileged or incidental question, and to the motion to lie on the table, or for the previous question. It can be amended by altering the time, and the previous question can be applied to it without affecting any other motions pending. It allows of very limited debate, and that must not go into the merits of the subject-matter any further than is necessary to enable the assembly to judge of the propriety of the postponement."

This is a question of special privilege.

Mr. Cannon: Where do you find your authority for your ruling that that is a special privilege question? President Emery: Under the rules and the list of special privileges.

Mr. Cannon: Kindly read the particular clause where it says it is a privileged question.

Dr. Dillon: Mr. President, as a substitute for all the motions before the house at this particular time, I move that we proceed to the election of officers of this association. (Seconded.)

Mr. Dunlap: There is a motion before the house

now.

Dr. Dillon: What is the motion?

President Emery: The motion is to postpone the special order for fifteen minutes.

Mr. Wright: Is it possible to make a substitute motion for the motion now before this house? President Emery: I don't think so.

Mr. Wright: Is it possible to amend the motion to postpone for fifteen minutes?

President Emery: Yes, sir.

Mr. Wright: May I move to amend this motion. to postpone for twenty minutes? President Emery: Yes, sir.

Mr. Wright: In what way?

President Emery: You may amend it to postpone for a different time, either a longer time or a shorter time.

Mr. Wright: That is the only motion I can make to this unless it is the question to lay upon the table.

Dr. Dillon: Now, I want to know whether that matter you read there has reference to special orders or whether it has reference to a motion.

President Emery: It has reference to all parliamentary practice, as the chair understands it.

Dr. Dillon: Then I appeal from the decision of the chair to this association. We have a special order of business adopted by resolution and passed by unanimous consent this morning to take up the election of officers.

President Emery: The gentleman from Louisiana appeals from the decision or the ruling of the chair. Mr. Dunlap: I demanded a roll-call on that question.

President Emery: The question before the house now is, Shall the judgment of the chair be sustained as the judgment of this association?

Dr. Dillon: I ask the chair to state his ruling in this matter and not his judgment.

President Emery: My ruling in this matter is this, that the motion to postpone is a privileged question and was in order. The question now is upon the appeal from the decision of the chair by the gentleman from Louisiana.

Mr. Briggs: Mr. Chairman, I suggest that this whole thing is out of order.

President Emery: I think the gentleman from California is out of order. The gentleman from California is out of order. The gentleman from Louisiana has the floor on the appeal.

Mr. Briggs: Mr. President, I was never able to be in order in this convention up until now, but I think I am in order now. But I want to say, in a spirit of harmony, that I think it is out of order, because the gentleman who desired to make the motion first asked unanimous permission of this house. Now, if he has that unanimous permission he has a right to go forward; if he has not, he has no right to discuss it, and the question of unanimous consent is not debatable. Therefore I say to you that the question before the house is on the part of the gentleman who asked permission to introduce a motion. (Applause.)

Mr. McCabe: Just one momnt,—

President Emery: I wish to state the position of the chair on this question. I think all this is out of order. I think the question now is upon the appeal from the decision of the chair by the gentleman from Louisiana, and is not debtable; but I wish to answer and state the judgment of the chair in regard to the attitude of Dr. Woods not being in order. Dr. Woods had the floor

Mr. Wright: Mr. President, you just said it was not debatable, and you are now proceeding to debate

it.

President Emery: Well, I can state my reasons. (Question called for.)

President Emery: The question is upon the appeal.