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Under those circumstances, is there any

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objection to merely incorporating by reference in this

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constitution and continuing in effect the provisions

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of Section 38, Article III of the Constitution of 1867?

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THE CHAIRMAN: Delegate Gallagher.

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DELEGATE GALLAGHER: You mean Article 48?

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DELEGATE SCANLAN: Article 48 -- forgive me.

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DELEGATE GALLAGHER: I would say there would

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be this - if no one examines the acts of the General

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Assembly from 1851 back, then you don't know what

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corporations were created which might possibly enjoy

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some special benefit, be it a tax exemption or something

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otherwise.

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In the absence of knowledge in this field, I

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would not be disposed to suggest removing the catch-all

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in its entirety, because there may well be other corporations

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which have been non-operating but whose charters are still

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alive which could become very valuable under those circum-

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stances, and I believe, therefore, that I wouldn't be

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satisfied with having the B&0 capitulate, so to speak.

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I think we ought to keep it alive for whatever other