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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1139   View pdf image (33K)
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[Nov. 21] DEBATES 1139

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

Delegate James has just called the at-
tention of the Chair to the fact that one of
the stylistic rules adopted by the Conven-
tion, or at least recommended by the Com-
mittee on Style is that there be no cross
references.

This section, or the amendment just
adopted, violates that rule. I ask the Com-
mittee on Style to take it into considera-
tion and phrase it in such manner as to
avoid cross reference.

Are there any further amendments to
section 5.28?

The Chair failed to announce the result
of the vote on the last amendment.

There being 104 votes in the affirmative
and none in the negative, the motion car-
ries. The amendment is adopted.

Are there any further amendments to
section 5.28? If not, that concludes the pre-
sentation of that portion of the article.

We now proceed to a consideration of
part 3, dealing with administration and
rule-making power, which is sections 5.29
to 5.31.

The Chair desires to call attention to the
fact that we have now had this article un-
der debate for nearly four and a half days.
It is imperative that we conclude the de-
bate as soon as possible. I would urge the
committee chairmen and the minority
spokesmen to keep this in mind in making
their presentations. The Chair recognizes
Delegate J. Clark.

DELEGATE J. CLARK: Mr. Chairman,
a point of inquiry. In view of some of the
actions we have taken, I think we should
go back to section 5.14, and I have an
amendment that I would like to offer. The
question is, would you want to take it now
or later?

THE CHAIRMAN: Is the amendment
printed?

DELEGATE J. CLARK: Yes, sir. It is
CL.

THE CHAIRMAN: Is this the same as
an amendment which was acted upon
earlier, or substantially the same?

DELEGATE J. CLARK: It is somewhat
the same, but it differs, sir. I think Dele-
gate Chabot had an amendment which was
somewhat similar, but the meaning was
quite different.

THE CHAIRMAN: The proposed amend-
ment is very similar to Amendment No. 27,
which was acted upon several days ago,
but it is different. The Chair thinks It is in
order. Will the pages distribute the amend-
ment CL?

This will be Amendment No. 52. The
Clerk will read the amendment.

READING CLERK: Amendment No. 52
to Committee Recommendation JB-1 by
Delegates Clark and Raley: On page 4
section 5.14 Nomination and Appointment
in line 50 after the letters "nees." add this
sentence :

"If no sufficient list is received by the
governor within the time specified herein,
the governor may fill the vacancy by ap-
pointing any eligible person."

THE CHAIRMAN: The amendment
having been seconded, the Chair recognizes
Delegate James Clark to speak to the
amendment.

DELEGATE J. CLARK: Mr. Chairman,
ladies and gentlemen, first of all we have to
amend the amendment. Instead of line 50,
it goes in after the word "vacancy" in line
45, after the vacancy of the period. This
sentence would go in there.

We also would like to amend the body of
the amendment to make it more clear to
get away from the word "sufficient." It will
now read in this manner :

"If no list, or a list with less than the
minimum number of names is received by
the governor in the time specified herein,
the governor may fill the vacancy by ap-
pointing any eligible person."

THE CHAIRMAN: Will you give me
that language again, "or a list with less — "

DELEGATE JAMES: "If no list, or a
list with less than the minimum number of
names".

THE CHAIRMAN: The sponsor desires
to modify his amendment to change the
line 50 and line 2 of the amendment, to
line 45, to strike the letters "nees", and
insert the following, the word "vacancy",
to strike the word "sufficient" in line 5;
and in line 5 after the word "list", you will
add the words "or a list with less than the
minimum number of names". In the ab-
sence of objection, the Chair will treat the
amendment as modified. Is there such ob-
jection? The Chair hears none. The amend-
ment is modified. The Chair recognizes
Delegate James Clark to speak to the
amendment.

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1139   View pdf image (33K)
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