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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10884   View pdf image (33K)
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10,884

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Section 9 of the Personal Rights reads as follows, as you

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perhaps recall:

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"The right of the writ of habeas corpus and

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the provisions of this constitution shall not be suspended."

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Now, aren't these two in conflict?

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THE CHAIRMAN: Delegate Gallagher.

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DELEGATE GALLAGHER: No, sir, I don't think so.

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We specifically disclaim any intention that this

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Section 319 could in any way override any of the personal

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rights guaranteed in the constitution, particularly the

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right of the writ of habeas corpus.

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In other words, we tried to limit ourselves

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to two areas -- that is to say, one. is the filling of

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governmental offices, and the other is continuity of

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operation of government.

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THE CHAIRMAN: Delegate Behnett.

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DELEGATE BENNETT: I am just wondering whether

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the Committee on Style, with its enormous tasks, might

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try to reconcile these and perhaps suggest an amendment

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that during a period of emergency this provision of yours

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might apply.

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10884   View pdf image (33K)
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