two-thirds of the members elect, it will be
a fairer proposition, and a nearer approxima-
tion to the amendment submitted by the min-
ority of the Committee.
One word further with reference to the
course of the majority. There are a great
many questions to come before this body,
and I do not know that upon all these ques-
tions we differ upon party lines. There will
be, I presume, various questions upon which
gentlemen will be differently divided. I have
beard different expressions of opinion upon
different subjects, not embraced strictly within
party lines.
Mr. CLARKE demanded the yeas and nays
upon the amendment moved by Mr. Stirling ;
and they were ordered.
The question being taken, the result was—
yeas 51; nays 15—as follows :
Yeas—Messrs. Goldsborough, President;
Greene, Hebb, Thruston, Wickard, Robinette,
Harwood, Hatch. Kennard, Stockbridge, Stir-
ling, Abbott, Cushing, Thomas, Berry of
Baltimore county, Ridgely, Parker, King,
Smith of Carroll', Ecker, Swope, Wooden,
Jones of Cecil, Pugh, Todd, Carter, Noble,
Keefer, Schley, Markey, Annan, Baker, Cun-
ningham, Schlosser, McComas, Hopper, Rus-
sell, Hopkins, Sands, Sykes, Mulliken, Del-
linger, Nyman, Negley, Mayhugh, Davis of
Washington, Sneary, Smith of Worcester,
Purnell, Murray—51.
Nays—Messrs. Miller, Henkle, Earle, Scott,
Turner, Edelen, Mitchell, Lansdale, Peter,
Clarke, Belt, Marbury, Morgan, Gale, Hor-
sey—15.
So the amendment was agreed to.
Mr. STOCKBRIDGE. I move to amend the last
clause of this rule by striking out the word
"Convention," and inserting "members
present."
There are three different expressions used
in these rules in different places—a majority
of the Convention, a majority of the members
elected to the Convention, and a majority of
the members present The two expressions,
a majority of the members elected to the Con-
vention, and a majority of the members pres-
ent, are always clear and unmistakable; but
it has often happened that the other expres-
sion, the majority of the House, has been
wrangled over to determine which of the two
it meant, whether it meant a majority of the
members present in the House, or a majority
of the members elected to the House, it is
not, so far as I am aware, important in this
place which is adopted; but it may be import-
ant that it be made so clear that we shall not
consume time in wrangling about it hereafter.
I have no choice which rule is adopted, but I
propose the amendment that it may be cer-
tain is meant.
The amendment was agreed to.
Mr. STOCKBRIDGE. I now ask unanimous
consent to move a similar amendment in sec-
tion 10. |
There was no objection.
Mr. STOCKBRIDGE. To prevent ambiguity
I move to amend the tenth rule, I desire it
to read either a majority of the inembers
present or a majority of those elected. I
will move to insert the words "members
elected to the," so that it shall read, "if a
majority of the members elected to the Con-
vention so determine."
The 17th rule halving been read,
Mr. STIRLING moved to strike out all but the
words:
"Calls of the Convention shall be made if
required by seven members."
Mr. STIRLING said: It seems to me that
there is no necessity for this rule, and it may
become very dangerous. It puts it in the
power of any three members of the House to
demand that every member not present shall
be sent for. The House is not proceeding un-
der a call, and while bringing them back
others can be going out, and some other
three may require that they be sent for, and
so on. It places it absolutely in the power of
any three members who choose to exercise it
to make the House sit here indefinitely. If
we give seven members the power to call the
House, it is power enough, and I think a
very large power.
MR. CLARKE. I would like to retain the
rest of the sentence "at any time when a
subject is under considerations."
Mr. STIRLING modified his amendment ac-
cordingly.
The amendment was agreed to,
The 20th rule having been read,
Mr. STIRLING moved to strike out the words
"nine members" and insert "a majority of
the members present"
Mr. CLARKE. Before the vote is taken I
wish to read the present rule of the House of
Delegates with which the rule corresponds
exactly as it stands, with the exception of the
numbers which were increased so as to take
the same proportion of the number of the
members of the body. The 47th rule is ;
"The House shall be resolved into a
Standing Committee the Whole on the con-
dition of State, if required by seven members ;
which Committee may originate Bills or Res-
olutions. Bills on their third reading, and
all other matters on their third reading, shall,
if required by five members, becommitted to
a Committee of the Whole House."
If this amendment is adopted, it certainly
is restricting the privilege of going into Com-
mittee of the Whole by a more stringent rule
than I have ever seen adopted with reference
to the government of any legislative body
I would suggest further that the parliamentary
rule is well established that if nine members,
or seven members, demand that the House
shall go into Committee of the Whole, it is
the privilege of the majority of the House to
vote, upon a proper motion, that the Com-
mittee rise; and therefore under the ordinary |
