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come", and I would ask Delegate Case if
he would adopt that additional language.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: Yes, certainly,
Delegate Gallagher.
THE CHAIRMAN: As the Chair un-
derstands it then the amendment would be
modified to add the following language,
beginning on line 5, and in line 35, after
the word, "becomes", add the words, "or
would become".
Is that correct?
DELEGATE GALLAGHER: Yes.
THE CHAIRMAN: Is the amendment so
modified, Delegate Case?
DELEGATE CASE: Yes, sir.
THE CHAIRMAN: Delegates Hanson
and James accept?
DELEGATE CASE: Yes, sir.
THE CHAIRMAN : Is there any further
discussion?
Delegate Beatrice Miller.
DELEGATE B. MILLER: Mr. Chair-
man, I have some qualms about this now
because it makes it almost automatic that
any plan will be petitioned and will im-
mediately go to the court, that the court
will then sit with two plans in front of
it and make the final decision.
I would hope that more than the amend-
ment which we have written in, if in the
interest of saving time we assume that
both plans are going to the court, that it
would be understood that we would make it
even more clear, perhaps by further lan-
guage in Style and Drafting or a subse-
quent amendment, which I am unable to
draw up now, that the court shall consider
first the plan of the General Assembly, and
only if it turns down the plan of the Gen-
eral Assembly shall it consider the other
plan, the commission plan.
THE CHAIRMAN: Delegate Miller, the
Chair thinks that is undoubtedly the intent
of the mover of the amendment and of the
Chairman of the Committee and thinks it
is a matter which the Committee on Style,
Drafting and Arrangement would consider
further.
Delegate Henderson.
DELEGATE HENDERSON: I do not
want to prolong debate on this point but
it occurs to me that since the Court of Ap-
peals is only passing on the thing which
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has become law, that would be the legisla-
tive plan, and would not render an advisory
opinion as to the other plan unless by de-
claring the first to be illegal under the
terms of the section the second plan be-
comes law. I do not see that there is any
possibility of its passing on the second
plan until the first were disposed of.
THE CHAIRMAN: Would that not be
the effect of the sentence beginning in line
36, Delegate Henderson?
DELEGATE HENDERSON: I think so,
yes.
THE CHAIRMAN: Is there any further
discussion?
(There was no response.)
Are you ready for the question?
(Call for the question.)
The question arises on the adoption of
Amendment No. 4 to Committee Recom-
mendation LB-2, as modified. A vote Aye
is a vote in favor of Amendment No. 4.
A vote No is a vote against.
Cast your vote.
Have all delegates voted?
Does any delegate desire to change his
vote?
(There was no response.)
The Clerk will record the vote.
There being 100 votes in the affirmative
and three in the negative, the motion is
carried. The amendment as modified is
adopted.
Are there any further amendments to
sections 3.02, 3.03 or 3.03a?
Delegate Bamberger.
DELEGATE BAMBERGER: Mr. Chair-
man, I do not think it is necessary to offer
the amendment but I would like to address
two questions to the Chairman of the Com-
mittee to clear up what may be some am-
biguity.
THE CHAIRMAN: With respect to
these three sections?
DELEGATE BAMBERGER: Yes, sir,
section 3.03a.
THE CHAIRMAN: Very well, state the
question.
DELEGATE BAMBERGER: Mr. Chair-
man, is it the intent of the Committee that
the plan which is drawn by the commission
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