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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1043   View pdf image (33K)
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[Nov. 20] DEBATES 1043

THE CHAIRMAN: The last sentence of
the amendment beginning on line 18 was
heretofore stricken. It is not part of the
amendment.

DELEGATE BOROM: Thank you.

THE CHAIRMAN: A vote Aye is a vote
in favor of the amendment as modified. A
vote No is a vote against the amendment.
In other words, a vote Aye would substi-
tute for section 5.14 what the Chair just
read. A vote No would leave the Commit-
tee's recommendation in force.

Will the Clerk please sound the quorum
bell.

A vote Aye, a vote in favor of the
amendment as modified, a vote No is a vote
against. Cast your votes.

THE CHAIRMAN: Has every delegate
voted?

(There was no response.)

Does any delegate desire to change his
vote?

(There was no response.)
The Clerk will record the vote.

There being 42 votes in affirmative and
95 in the negative, the motion fails. The
amendment is rejected.

Are there any further amendments to
section 5.14? Is there any further minority
amendment, Mr. Clerk?

READING CLERK: No, not to section
5.14.

THE CHAIRMAN: Delegate Adkins?

DELEGATE ADKINS: I have an
amendment for 5.14 if the Chair please.

THE CHAIRMAN: There are six or
seven amendments which have been printed.
The Chair wants a moment to see if there
are any overlaps or conflicting amend-
ments.

Delegate Mitchell, do you still desire to
submit your amendment?

DELEGATE MITCHELL: I understand
there are some similar amendments to
mine, Mr. President.

THE CHAIRMAN: Four of the amend-
ments apparently pertain to the same gen-
eral subject matter. There are a few
amendments that are at least simpler in
form.

Taking these apparently in the way they
were printed, the Chair calls up amendment

CS. Please distribute amendment CS. This
will be Amendment No. 24. Amendment
No. 24.

The Clerk will read the amendment.

READING CLERK: Amendment No. 24
to Committee Recommendation JB-1 by
Delegate Adkins: On page 4 section 5.14
Nomination and Appointment line 40 strike
out the word "two" and insert in lieu
thereof the word "three".

THE CHAIRMAN: Is the amendment
seconded?

DELEGATE CASE: Second.

THE CHAIRMAN: The amendment hav-
ing been seconded by Delegate Case the
Chair recognizes Delegate Adkins to speak
to the amendment.

DELEGATE ADKINS: Mr. Chairman,
the effect of this amendment is quite
simple. The Committee's recommendation is
that the list which is submitted by the
commission to the governor should consist
of not less than two nor more than five
names. The effect of the amendment which
I am proposing is to say that the commis-
sion shall submit not less than three nor
more than five.

I would suggest only in sppport of the
amendment that the check on the arbitrary
action of the commission is the appointing
power of the governor from among the
names which are submitted to him. If there
is to be any check, he must at least be
given some reasonable choice from which
to make his appointment.

It is my suggestion that two is too small
an area from which the governor may be
permitted to make that selection.

I am aware that in certain areas of the
State, it will be difficult to find three, and
less difficult to find two men whom the
commission considers qualified for the job.
It does not seem to me, however, that this
argument should prevail, because it is not
true in many areas of the State, and I do
not think in this instance at least the tail
should wag the dog.

I suggest that three is a more appro-
priate number and therefore I urge its
adoption.

THE CHAIRMAN: Does any delegate
desire to speak in opposition? Delegate
Chabot?

DELEGATE CHABOT: Mr. Chairman,

I wonder if it would be in order at this

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1043   View pdf image (33K)
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