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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 1527   View pdf image (33K)
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[Dec. 1] DEBATES 1527

This, at least, would make you an inde-
pendent officer, or somewhat independent,
and people would have the right, because
they would vote for you in both party pri-
maries. Assuming you won both, you would
then be elected. However, if you did not
win both, you would run against opposi-
tion in the general election, but though Mr.
Hanson said this would not happen, it
would nevertheless allow the people to de-
cide what kind of law enforcement officer
they wanted, and it would prevent the
state's attorney from being pressured by
the other political office-holders to do
favors, fixing tickets and things like that.

I think this is an excellent move. I think
it would move state's attorneys throughout
the State from being pressured politically.

THE CHAIRMAN : Does any other dele-
gate desire to speak in opposition?

Delegate Byrnes?

DELEGATE BYRNES: Mr. Chairman,
very briefly, I would like to re-orient this
and make it clear that what we are at-
tempting to do is lay the groundwork for
the future where there may be an effort
by the General Assembly to restructure the
entire system of prosecuting in the State.

We do not think it is going to be possible
if we leave pure partisanship as the basis
for election; partisanship produces strains
and stresses between parties and personali-
ties, and we think that this is one little
step we can take to lay that groundwork
for future solidarity and harmony between
all of these individuals.

Thank you, sir.

THE CHAIRMAN: Are you ready for
the question?

(Call for the question.)
The Clerk will ring the quorum bell.

The question arises on the adoption of
Amendment No. 25 to Committee Recom-
mendation EB-1. A vote Aye is a vote in
favor of Amendment No. 25. A vote No is
a vote against.

Cast your votes.

Has every delegate voted? Does any dele-
gate desire to change his vote?

(There was no response.)

Delegate Boyce, have you voted or desire
to vote?

DELEGATE BOYCE: Aye, sir. He has
it.

THE CHAIRMAN: The Clerk will re-
cord the vote.

There being 52 votes in the affirmative
and 62 in the negative, the motion is lost.
The amendment is rejected.

Are there any other amendments to the
unnumbered section, beginning on line 12,
page 10?

Delegate Morgan, do you have an amend-
ment to that section?

Very well. Are there any other amend-
ments to the section dealing with state's
attorneys?

The Chair hears none.

We will go back to section 4.03. We will
consider the amendment.

Delegate Morgan.

DELEGATE MORGAN: Mr. Chairman,
I have an amendment to section 4.03, desig-
nated Bl.

THE CHAIRMAN: The pages will dis-
tribute amendment Bl. This will be Amend-
ment No. 26.

Delegate Morgan, this covers the same
subject matter as Amendment No. 20. Is
Amendment No. 20 to be withdrawn now?
This was the amendment that was laid over.

DELEGATE MORGAN: Amendment
No. 20 will be withdrawn, Mr. Chairman.

THE CHAIRMAN: Very well. Amend-
ment No. 20 is withdrawn. We are now
considering Amendment No. 26.

The Clerk will read the amendment.

READING CLERK: Amendment No. 26
to Committee Recommendation EB-1 by
Delegate Morgan: On page 2 Section 4.03,
Lieutenant Governor, strike out all of lines
4, 5, and 6 and insert in lieu thereof the
following: "shall have only such duties as
may be delegated to him by the governor,
but no power specifically prescribed for the
governor by this Constitution shall be dele-
gated to the lieutenant governor under this
section. To be".

THE CHAIRMAN: Are there any dele-
gates who do not have this amendment be-
fore them now?

(There was no response.)

The amendment is moved by Delegate
Morgan. Is it seconded?

DELEGATE JAMES: Second.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 1527   View pdf image (33K)
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