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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1177   View pdf image (33K)
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[Nov. 22] DEBATES 1177

Delegate Johnson.

DELEGATE JOHNSON: Mr. Chair-
man, I wonder if delegates Marvin Smith,
John Hargrove and Marion would yield
for a quick question?

THE CHAIRMAN: Which one do you
want?

DELEGATE JOHNSON: Well, each.
THE CHAIRMAN: You pick them.

DELEGATE JOHNSON: Delegate Mar-
vin Smith.

THE CHAIRMAN: Delegate Smith, do
you yield to a question?

DELEGATE M. SMITH: Certainly.
THE CHAIRMAN: Delegate Johnson.

DELEGATE JOHNSON: I am just a
little confused. Did you not speak in favor
of the entire Majority Report when op-
posing the previous Minority Report we
just dealt with?

DELEGATE M. SMITH: I do not know.
I had a debate coach in college who said
whenever someone says something is al-
ways true or never true or everybody be-
lieves or nobody believes, you can start
looking around because they are wrong.

DELEGATE JOHNSON: Do you stand
on your previous statements as recorded?

THE CHAIRMAN: Delegate Smith.

DELEGATE M. SMITH: I think I made
myself very clear. I was definitely opposed
to the idea of having the district court
clerks put into the lap of the General As-
sembly. I have wrestled with the current
situation and I have concluded that what
my friend said in the letter which I read
correctly states the situation, that the
court should have control of its clerk.

THE CHAIRMAN: Delegate Johnson.

DELEGATE JOHNSON: Would Dele-
gate Marion yield to a question?

THE CHAIRMAN: Would Delegate
Marion yield to a question?

DELEGATE MARION: Yes, sir.
THE CHAIRMAN: Delegate Johnson.

DELEGATE JOHNSON: Did you speak
in favor of the Majority Report when op-
posing the previous Minority Report when
dealing with the amendment we just dealt
with?

THE CHAIRMAN: Delegate Marion.

DELEGATE MARION: I do not think
so. I think I spoke against the amendment,
and I am in favor of this one. I think my
statements as to both are consistent.

THE CHAIRMAN: Delegate Johnson.

DELEGATE JOHNSON: Would I be
correct in finding you stand on both state-
ments and find they are not inconsistent?

THE CHAIRMAN: Delegate Marion.

DELEGATE MARION: Having made
those statements I feel I am impelled to
stand on them.

THE CHAIRMAN: Delegate Johnson.

DELEGATE JOHNSON: Would Dele-
gate Hargrove yield to a question?

THE CHAIRMAN: Delegate Hargrove,
would you yield to a question?

DELEGATE HARGROVE: Yes.
THE CHAIRMAN: Delegate Johnson.

DELEGATE JOHNSON: Did you not
speak in favor of the entire majority re-
port with respect to clerks of the court
when you opposed the previous minority
report recommendation and the amend-
ment previously acted upon?

DELEGATE HARGROVE: I do not be-
lieve I did. I believe my remarks were
limited primarily to the present function of
the judges as they relate to the appoint-
ment of clerks and I was particularly con-
cerned with the district court clerks being
appointed by the General Assembly.

I do not believe I am being inconsistent.
I believe our Minority Report was in long
before this.

THE CHAIRMAN: Delegate Johnson.

DELEGATE JOHNSON: Do you also
stand on the previous remarks that you
made with respect to opposition to the
previous Minority Report?

THE CHAIRMAN: Delegate Hargrove.

DELEGATE HARGROVE: I do not

think they are inconsistent. I will certainly
stand on it.

THE CHAIRMAN: Delegate Bothe.

DELEGATE BOTHE: I rise to speak
in favor of the amendment.

I served on the Commission, his Judiciary
Committee so I cannot claim to have done
much soul-searching in reaching the con-
clusion that the clerks of the Superior

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1177   View pdf image (33K)
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