change here is to preserve uniformity. The
same change is made in the ninth section of
this article, when referring to the election of
State's attorneys,
In the eighth line of the first section the
committee recommend that the word " there-
from" after the word "removal," be stricken
out. After the word "them" in the ninth
line of the third section, that the words "or
either of them," be inserted.
And in that part of the third section which
says the attorney general "shall commence
and prosecute or defend any suit or action,
in any of said courts, on the part of the
State as the general assembly shall direct,"
the committee propose to strike out the word
"as" and insert "which."
The fourth section of the article now reads :
"Section 4. No person shall be eligible to
the office of attorney general who has not
been admitted to practice the law in the
State, and who has not practiced the law
therein for seven years, and who has not re-
sided in the State for at least seven years
next preceding his election,"
The committee recommend that this sec-
tion be modified to read as follows :
Section 4. No person shall be eligible to
the office of attorney general who has not
resided and practiced law in this State for at
least seven years next preceding his election.
The first clause of the ninth section now
reads, " The State's attorney shall perform
such duties and receive such fees and com-
missions as are now prescibed by law, and
such other duties, fees and commissions as
may hereafter be prescribed by law." The
committee recommend that this clause be
made to read as follows; "The State's attor-
ney shall perform such duties and receive
such fees and commissions as are now, or
may be hereafter prescribed by law."
This ends the committee's report on this
article.
GEORGE EARLE, Chairman,
Pending the consideration of this report,
Mr. CHAMBERS said: How can you amend an
article after it has passed its third reading?
And yet you are now passing upon amend-
ments, without even calling the yeas and nays
to show that they are made part of the con-
stitution.
The CHAIRMAN (Mr. Daniel.) The chair un-
derstands the committee on revision to say
that they have recommended no material
amendments. They have merely suggested
certain changes in the phraseology.
Mr. EARLE. The chair is correct so far as
relates to amendments, recommended by the
committee of revision, to the article now un-
der consideration; but there are other articles
of the constitution in which the committee
propose material and substantial changes. I
had supposed that the reports from this commit-
tee would be printed. They certainly should |
be. Otherwise they cannot be properly understood,
and acted upon by the convention.—
This committee, composed, as it is, of but five
members—only four of whom so far have
been in attendance—is pressed for time. There
is an evident disposition to terminate the ses-
sions of the convention at an early day. To
review the constitution is a work of no small
magnitude. It would be wonderful if the
committee of revision, in the hurry and ex-
citement which always attends the closing ses-
sions of a convention, should not overlook
many amendments which ought to be recom-
mended; and equally wonderful should they
not propose amendments which, en mature
deliberation, should be rejected. The review
of the committee may and probably will need
revision. But we can have no such revision
unless the reports of the committee are print-
ed, and presented to the members of the con-
vention in that form for their consideration.
I hope the reports will be printed.
Mr. CUSHING. I object very decidedly to
the idea of printing all the reports of the com-
mittee of revision, which are merely verbal al-
terations, not affecting the sense of the pro-
positions. To print them would simply be a
waste of time. As I understand it we are
working now in the hope of finishing up our
whole work to-morrow, and if we wait for
these reports to be printed) that will take till
next Thursday, and then we shall not get
through our labors until the end of next week.
Any gentleman by taking the printed report
which he has before him, can follow the read-
ing and ascertain the changes which the com-
mittee on revision propose. If he considers
any proposed change a material one, be can
call the yeas and nays, and go through all the
formalities be may desire. But all the amend-
ments which I have heard are merely verbal
amendments, and do not alter the sense of any
proposition which the convention has already
passed. There is no reason at all why we
should delay the action of this body for the
time it would take to have these reports
printed.
Mr. CHAMBERS. Reports are brought in here,
laid upon the secretary's table and adopted,
and made part of the constitution without
the formalities which your rules require. 1
do not speak of mere verbal alterations and
amendments, for that is the appropriate busi-
ness of the revising committee. But that com-
mittee has no more business to make amend-
ments, substantially changing the character
of any provision referred to them, than they
have to do anything else; not a bit. It is
their business to revise what we have been
doing, what has been done by the conven-
tion, to see if any alteration is necessary in
the verbiage, to see that the grammar is all
right. But to introduce totally new provis-
ions and pass them, as has just been done, 1
say is in violation of the rules.
Mr. CUSHING. What rules? |
