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(TJierc was no response.)
Please destroy your other copy and mark
this Amendment No. 27.
The Chair would like to ask Delegate
Chabot two questions for the purpose of
clarification.
In view of Delegate Mudd's inquiry as to
the meaning of the word "sufficient", in
line 13, I would ask Delegate Chabot to
indicate the meaning he ascribes to it, and
also to indicate whether the last clause, be-
ginning with the word, "which", on line 12,
is intended to require the commission to
submit an entirely new list, or simply to
fill in the gaps in the existing list.
Delegate Chabot.
DELEGATE CHABOT: With regard to
the first question as to the meaning of
"sufficient", "sufficient" in line 13 is in-
tended to refer back to "sufficient" as first
used in that sentence, "a list sufficient to
meet the requirements of this section."
"A list sufficient to meet the require-
ments of this section," which is section
5.14, means a list which contains no fewer
than as we have now amended it, three or
more than five eligible persons, the way
these sections have been drafted. The defi-
nition of what is an eligible person is
found in 5.13, so it means a list of no
fewer than three, no more than five per-
sons who are citizens of the State for five
years, a member of the state bar for five
years and a resident in the appropriate
place.
THE CHAIRMAN: May I interrupt you
there?
So that the Committee of the Whole will
understand clearly what is intended, the
word sufficient is intended to refer only to
numbers and not to indicate that there is
any discretion in the governor as to whether
the persons whose names are on the list
are or are not eligible; is that correct?
DELEGATE CHABOT: Well, it is not
to indicate any discretion on the part of
the governor as to whether these people
would make good judges, but it is more
than just numbers. It is the numbers plus
the requirements of where they live and
the membership of the bar, and so forth.
Now, your second question, the list would
be a sufficient list, whether this involves
substituting names or simply adding enough
names to reach the minimum, this would
be within the discretion of the commission.
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I would assume that having once gone on
public as saying that Mr. A and Mr. B
are qualified and are two of the three best
qualified, it would be an unusual commis-
sion which would then present the gov-
ernor with the list that did not include Mr.
A or Mr. B.
THE CHAIRMAN: But your interpre-
tation is the commission would have that
discretion?
DELEGATE CHABOT: The commission
could have whatever discretion it would
have had originally.
THE CHAIRMAN: Are you ready for
the question?
The question arises on the adoption of
Amendment No. 27. A vote Aye is a vote
in favor of the amendment. A vote No is
a vote against.
Cast your votes.
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 9 votes in the affirmative
and 119 in the negative, the motion is lost.
The amendment fails.
Before calling the next amendment, the
Chair wishes to announce that at the sug-
gestion of one of the delegates, I have
asked pages to have at the doors of both
the front and the back galleries copies of
Committee Recommendation JB-1 and cop-
ies of any amendments that are proposed.
If any of the visitors in the galleries
desire to follow the debate, they may ask
the page at the door and obtain a copy of
the recommendation and a copy of any
amendments then pertinent.
I wish also to announce the presence in
the rear gallery, the one over my head, of
Senator Thomas M. Anderson, Jr., of
Montgomery County, and present in the
other gallery, I think, is Mr. Morris H.
Blum, the president of WANM and WXTC,
and past president of the Maryland-Dis-
trict of Columbia-Delaware Broadcasters
Association.
Delighted to have them with us.
(Applause.)
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