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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1258   View pdf image (33K)
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1258 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 27]

the Board of Public Works after there
had been a determination of the other is-
sues involved in this Committee Report.

THE PRESIDENT: Is there any further
question, Delegate Sherbow?

DELEGATE SHERBOW: No.

THE PRESIDENT: Delegate Churchill
Murray.

DELEGATE E. C. MURRAY: Mr.

Chairman, I do not know whether this has
to be in the form of a question, but prior
to leaving here just before dinner, a dele-
gate who is very much interested in one
side of this asked if I would, and others,
agree to a postponement until tomorrow
morning, saying that some of the delegates
would not be here tonight.

Now, is this a bona fide effort, or is it a
maneuver to strengthen one side or the
other?

THE PRESIDENT: To whom is your
question addressed?

DELEGATE E. C. MURRAY: I see
Delegate Powers standing. Perhaps it
should be addressed to him.

THE PRESIDENT: Delegate Powers.

DELEGATE POWERS: I will be glad
to attempt an answer on it for Delegate
Murray, and that is, I do not know which
side would be benefited by it, and I do not
know the effect of this except for the fact
that there are some inquiries; and it is the,*
intention that we would go on with the
other items involved on this same Report
so that it would not be a matter of de-
laying the entire proceeding, but only the
consideration of the question of the report
on the Board of Public Works.

THE PRESIDENT: The Chair would
like to amplify that reply to this extent:
A number of delegates spoke to the Chair
during the dinner hour recess to ask
whether or not the Debate Schedule could
be amended so that this question could be
deferred. Two reasons were advanced: one,
that some delegates were attending the
Morgan State College Centennial banquet
tonight and would not be here; secondly,
that many delegates felt that they would
be able to vote more intelligently on the first
recommendation after there had been ac-
tion on the second, third and fourth recom-
mendations.

The Chair advised them that the matter
was entirely up to the Convention; that a
motion to make it the special order of
business would be in order, and it would

be up to the Convention to decide whether
it wanted to postpone consideration of the
matter until tomorrow morning.

I think the Chair should announce that
if the motion is carried, and consideration
of this particular matter is postponed, it
will, when it comes on for further discus-
sion at the meeting of the Committee of
the Whole tomorrow, be in the same status
it is now. The motion to reconsider the
vote by which the Recommendation failed
after approval and the motion to recon-
sider the vote by which it was amended
will be before the assembly.

I think while the Chair is speaking to
this point it may be worthwhile, if I may,
and before you vote on the question, so
that everyone will be fully informed, to
amplify what was said before recess as to
the rulings of the Chair.

The Parliamentarian and the Chair have
spent a good portion of the dinner recess
hour in checking the rulings of the Chair
prior to recess. As a result of that check-
ing, the Chair is disposed to adhere to its
previous rulings, because it believes they
were correct. Jefferson's Manual contains
no reference to a verification of the vote.
Neither does Roberts Rules of Order. Rob-
erts Rules of Order contains one provision
in a footnote, suggesting that a secretary
should be instructed to retain paper ballots
so that if a recount is ordered by a ma-
jority of the Assembly, it would be avail-
able.

These references clearly indicate that it
would not be possible to change a vote on
such a verification.

The Senate of the United States Manual
refers to recapitulation by which it obvi-
ously means the same thing that we have
been saying by the term "verification", as
does also Cannon's Rules for the House of
Representatives. Both state quite unequivo-
cally that it is not possible on such a re-
capitulation to change the vote. However,
the Chair feels the matter is set beyond
any doubt at all by the Rules of this Con-
vention which state quite clearly that a
delegate may change his vote at any time
before it is recorded and clearly indicates
that a vote may not be changed after it is
recorded.

One further matter that I want to men-
tion in that connection, and that is that
reviewing the Rules of the House of Dele-
gates of Maryland and of the Senate of
Maryland, we were unable to find any ref-
erence to a verification or a recount of the
vote.

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1258   View pdf image (33K)
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