13,605

1

reading we would have to approach each individual section

2

of the entire Constitution by a majority of the Delegates.

3

Rule 59 was drafted at a time when there was

4

some uncertainty in our minds as to what the enabling act

5

meant, whether it required approval of the majority of

6

the delegates on any Article or division of the Constitution

7

We now have in hand, and there was previously dis

8

tributed to you an opinion of the Attorney General dated

9

December 26, 1967, in which it makes it perfectly clear

10

that the majority of the delegates is required for the

11

approval of each article of the Constitution, and that

12

the legislature apparently used the word "division" con-

13

templating the possibility that we could use some other

14

term, other than an article.

15

In any event, his opinion is perfectly clear

16

that the requirements of the enabling act would be satisfied

17

if each article of the proposed new Constitution were

18

approved by a majority of the delegates; that is, 72.

19

He specifically points out that our Rule 59 imposes a

20

requirement that is not in the enabling act and which

21

goes beyond the enabling act.