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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10128   View pdf image (33K)
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10,128

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bewilderment, there. I thought he was going in circles,

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too.

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DELEGATE MACDONALD : My question is this:

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If it was necessary to have the provision in the Constitu-

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tion previously so that the father who failed to support

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his children could be held in contempt of court, and in ef-

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fect imprisoned for that particular debt, why isn't it

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necessary today?

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DELEGATE SCANLAN : If the Constitution has a

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provision preventingimprisonment for debt, problems are

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raised as to exactly what that means.

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As I understand the majority's report, they con-

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cede in their report that the General Assembly has absolute

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power to prohibit this sort of thing; and that even if the

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General Assembly took no action the common law would pre-

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vail.

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The cases of which you speak are traditional. It.

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is imprisonment for failure to obey a court order.

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I see no reason for retaining this provision in the Constitu-

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tion.

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THE CHAIRMAN: Delegate Macdonald, I could give

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10128   View pdf image (33K)
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