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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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