The question was then taken, by yeas and nays, on referring the amendment to a select committee of nine,

On motion of Mr. N. W. Edwards,

The vote last taken was reconsidered, when,

Mr. Caldwell withdrew his motion to refer the amendments to a select committee, and also withdrew his amendment.

Mr. Caldwell offered the following as an amendment to the 23d section, as amended:

"SEC. The general assembly shall be forever prohibited from passing any private, special, or general law, renewing, extending, or in any wise creating or authorizing the exercise of banking powers or privileges within this state; Provided, that this clause be submitted as a separate section to the people at the election held for the adoption of this constitution; and if such clause as a separate section shall be adopted by a majority of the votes cast for and against it, then the same shall become a part of this constitution, and supersede all provisions in this constitution to the contrary, otherwise to be void."

Mr. Caldwell moved that the main question be now put.

The question was taken, by yeas and nays, on ordering the main question,

Mr. Geddes moved to amend the amendment by inserting before the proviso the following:

"The legislature shall pass laws imposing adequate penalties on the circulation of the paper of banks located out of this state, and making void all contracts, the consideration of which is the paper of such banks, and all payments made in the notes of such banks."

On motion of Mr. Adams,

The main question was ordered, when,

Mr. Caldwell withdrew the amendment.

The question was then taken on the adoption of the 23d section, as amended, and decided in the affirmative.

Mr. Williams moved to amend the 24th section by adding thereto the following:

"No banking powers or privileges shall be granted either by general or special acts of incorporation. All contracts, the consideration of

which is the paper of banks located out of this state, and all payments made in the notes of such banks shall be absolutely void, and the legislature shall pass laws imposing adequate penalties on the circulation of the notes and paper of such banks within this state."

The foregoing clause shall be separately submitted to a vote of the people, and if voted for by a majority of all voting on the question, it shall be a part of the constitution and not otherwise.

Mr. Hayes moved to amend the amendment by substituting therefor the following:

"The question of "banking" shall be submitted to the people when they shall vote on the adoption of this constitution, and if the majority of those voting on the question shal! vote for banking, then the general assembly may pass banking laws under the restrictions contained in this constitution, but if the majority voting on the question shall not vote for banking, then no person, corporation, or association of persons shall be allowed to manufacture or emit any paper intended to circulate as paper money."

The question was taken, by yeas and nays, on the adoption of the substitute,

On motion,

Whiteside
Whitney.

The question was taken on adjourning until three o'clock, P. M., and decided in the negative.

Mr. Caldwell proposed to amend the amendment by substituting therefor the following:

"SEC. The general assembly shall be forever prohibited from passing any private, special, or general laws, renewing, extending, or in anywise creating or authorising the increase of banking powers or privileges within this state; Provided, that this clause be submitted as a separate section to the people at the election held for the adoption of this constitution; and if such clause, as a separate section, shall be adopted by a majority of the votes cast for and against it, then the same shall become a part of this constitution, and supersede all provisions in this constitu tion to the contrary, otherwise to be void. The general assembly shall pass laws imposing adequate penalties on the circulation of the paper of banks located out of this state, and making void all contracts, the consideration of which is the paper of such banks, and all payments made in the notes of such banks; Provided, that this clause shall be submitted as a separate section to the people at the election held for the adoption of this constitution, and if such clause, as a separate section, shall be adopted by a majority of all voting for and against it, then the same shall become a part of this constitution, otherwise to be void."

Mr. Shields moved that the convention adjourn until three o'clock,

P. M.

The question was taken, and decided in the negative.

On motion of Mr. Constable,

The previous question was ordered.

The question was taken, by yeas and nays, on agreeing to the substitute,