DELEGATE WHEATLEY: Mr. Chair-
man, I move that the Committee of the
Whole rise and report back to the Conven-
tion that the consideration of GP-I Recom-
mendation has not been completed, and
further recommend that consideration of
GP-I be made a special order of business
of the Convention at a later date.
THE CHAIRMAN: The Convention, or
this Committee?
DELEGATE WHEATLEY: This Com-
mittee.
THE CHAIRMAN: Is there a second?
(The motion was duly seconded.)
THE CHAIRMAN: The Chair recog-
nizes Delegate Henderson.
DELEGATE HENDERSON: Mr. Chair-
man, it seems to me if I understand the
matter correctly that we are postponing
action on this merely to take care of a
supposed question as to what happens to
the national guard in the event they are
not brought within the scope of the term
militia.
This whole debate has concerned the
militia. If the national guard is a member
of the militia it is covered by the present
language. If it is not, I suggest that it is
a matter which is dealt with separately
by the Legislature, and as to which the
legislature can provide its own rules. I see
no occasion to delay the action of this Con-
vention and require further consideration
of a matter which seems to me to be out-
side the scope of our present discussion. I
would, therefore, oppose the postponement
of our final action today.
THE CHAIRMAN: The Chair recog-
nizes Delegate Carson.
DELEGATE CARSON: Mr. Chairman,
I would like to speak against the motion
and read from section 5 of Article 65 of
the Maryland Code.
"The militia of this State shall be
divided into two classes, the organized
militia and the unorganized militia. The
organized militia of the State shall consist
of officers appointed and commissioned by
the governor and of such able bodied male
citizens of this State and such able bodied
males of foreign birth as have declared
their intentions to become citizens of the
State, resident therein, as shall be regu-
larly enlisted therein, including the na-
tional guard, the state guard, and the re-
serve militia (Minutemen)." |
This makes it very clear that the na-
tional guard is part of the militia.
THE CHAIRMAN: Is there any further
discussion?
Delegate Pullen.
DELEGATE PULLEN: Mr. Chairman,
I find myself in great confusion. The same
seems to be true with others. I cannot
understand why we go to a great deal of
trouble to provide that the governor shall
be the commander in chief, shall appoint
its officers, and may order out the militia,
and spell out certain other things for some-
thing that may never happen because we
may not have a militia.
It seems to me that if we are going to
write anything, and I think Delegate Fox
was right, probably two lines are sufficient.
I feel that we have accomplished one pur-
pose this afternoon; we know more about
this than we did before. 1, therefore, sug-
gest, sir, that we approve the recommenda-
tion or the motion of Mr. Wheatley so that
we can come back and make up our minds
definitely whether we want a militia or
not, and settle, it on that one point.
THE CHAIRMAN: Delegate Wheatley.
DELEGATE WHEATLEY: Mr. Chair-
man, I originally stated the proposition
that it was the understanding of the Com-
mittee in its action that the National Guard
was the organized militia, as stated by
Delegate Carson. The purpose in making
my motion was to allay the fears of some
that this was not the case. I certainly
would have no objection to voting on this
at this time, if it is the intention of the
Committee of the Whole that this is the
meaning of the words themselves.
I again would ask the question, if I
might, of Delegate Schneider, if he is
agreeable.
THE CHAIRMAN: Will Delegate
Schneider yield for a question?
DELEGATE SCHNEIDER: Yes.
DELEGATE WHEATLEY: Delegate
Schneider, are you agreeable that this is
the interpretation to be given to the word
"militia"?
DELEGATE SCHNEIDER: I would
have to take it on faith. I see the militia
and the Maryland national guard as sort
of like the Committee of the Whole and
the Convention. It is the same people, but
it is two different functions, and maybe it
is different. We sit with two different hats |
