Mr. MILLER. This amendment it seems to
me would leave the rule in a very awkward
position. It would read if amendent as pro-
posed :
"Rule 44. When a question has once been
decided in the affirmative or negative, a mo
t on of reconsideration shall be in order, at
any time there after, if made by one member
and seconded by two others who voted in the
majority; but Should a report or article, on
its final passage, be declared rejected for the
want of a majority of the members present
the motion for reconsideration may be made
by one member and seconded by two others
who voted ip either the affirmative or nega-
tive; and no motion for reconsideration shall
be postponed or laid on the table."
If a majority of the members present vote
against it, why not let it go under the first
provision of the role 7 Why not strike out
that whole clause 7
Mr. VALLIANT. I had proposed an amend-
ment embracing the gentleman's view. 1
move to amend to strike out the followings
" But should a report or article on its final
passage, be declared rejected for the want of
a majority of the members elected, the mo-
tion for reconsideraton may be made by one
member and seconded by two others who
voted in either the affirmative or negative."
Mr. MILLER. Then I will raise the point of
order that the only notice of amendment was
to strike out the word "elected" and insert
"present."
The PRESIDENT sustained the point of or-
der.
Mr. VALIANT. Then I give notice that I
will offer two amendments; first, to amend
the 44th rule as I have indicated; and next
to amend rule 42d by striking out the words
"except these otherwise herein provided
for."
Mr. STIRLING. Is it the decision of the
chair that a notice to amend the rules must
specify the particular Change that is desired
to bo made? Or may notice be given of in-
tention to amend a certain rule, throwing the
question open to the convention to make any
amendment they choose when it comes up?
The PRESIDENT. The notice mast put the
convention in possession of the particular
change intended to be made.
Mr: STIRLING. Then if the convention does
act adopt the motion of the gentleman from
Allegany, the rule cannot be amended with-
out another day's notice. I do not see the
necessity of changing the rule twice. The
motion of the gentleman from Allegany effects
the purpose entirely. It strikes out all that
requires a report or article on its final passage
to receive the votes of a majority of the mem-
berg elected. It is true it leaves in the rule a
matter which is entirely unnecessary. It
leaves in the rule a provision that if an article
is rejected on its final passage a member on
either side can move a reconsideration. Still |
that is mere surplussage, and cannot do any
harm. I do not think there is any danger
from it. I suppose we may as well adopt
this amendment for to-day, and make it better
afterwards.
Mr. CLARKE demanded the yeas and nays,
and they were ordered.
Mr. MILLER. It is childish to change the
rule in such a way as to allow a minority to
move a reconsideration.
Mr. STIRLING. We can Tote the reconsid-
eration down.
Mr. PUGH. We will amend it so far to-
day, and the rest to-morrow or next day.
The question being taken, the result was—
yeas 45, nays 30—as follows :
Yeas—Messrs. Abbott, Annan, Baker, Car-
ter, Cunningham, Cushing, Daniel, Davis, of
Washington, Dellinger, Earle, Ecker, Farrow,
Galloway, Greene, Hebb, Hoffman, Hopkins,
Hopper, Jones, of Cecil, Keefer, Kennard,
King, Larsh, Markey, McComas, Murray,
Negley, Nyman, Pugh, Purnell, Ridgely,
Robinette, Russell, Sands, Schley, Scott,
Smith, of Carroll, Sneary, Stirling, Stock-
bridge, Swope, Sykes, Valliant, Wickard,
Wooden—45.
Nays— Messrs. Goldsborough, President;
Audoun, Barron, Belt, Blackiston, Bend,
Briscoe, Brown, Chambers, Clarke, Duvall,
Gale, Harwood, Hatch, Hodson, Hollyday,
Horsey, Johnson, Jones, of Somerset, Lana-
dale, Lee, Marbury, Miller, Morgan, Parker,
Parran, Peter, Smith, of Worcester, Turner,
Wilmer—30.
So the amendment was agreed to.
PRIVATE CLAIMS
Mr. BELT submitted the following order;
Ordered, That the committee on the judi-
ciary be requested to consider and report
upon the following proposed section.
Section —. Any citizen having a claim
against the State shall have the right to in-
stitute suit for the same, in the circuit court
of the county in which be shall reside; and
if the judgment of such court shall be in fa-
vor of the plaintiff, the duty of the comp-
troller and treasurer shall be to pay the
amount of such judgment, without any ap-
propriation by the general assembly; and the
general assembly wall pass all laws neces-
sary to carry out-the provisions of this sec-
tion.
The order was agreed to.
COMMITTEE OF ELECTIONS.
Mr. PURNELL, from the committee on elec-
tions, submitted the following report, which
was read the first time:
The committee on elections, to examine and
consider the credentials and to inquire into
the validity of the election and qualification
of the members elected to this convention,
respectfully submit the following report:
Resolved, That all the members holding |
