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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1260   View pdf image (33K)
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1260 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 27]

instead of Recommendation. I discussed
this with the Chairman; it distresses me
somewhat that as I understand your inter-
pretation, if the Committee Recommenda-
tion as to not including is adopted it would
not then be open to amendment when the
Recommendation is before us. Is that cor-
rect?

THE PRESIDENT: If the Committee
Recommendation that something not be in-
cluded in the constitution is approved by
the Committee of the Whole, it would not
be in order for the Committee of the Whole
at a later sitting to consider an amend-
ment to the executive article which would
be contrary to that action.

DELEGATE WHEATLEY: To follow
this further, if the Committee Recommen-
dation is not accepted, and is amended, as
it had been, then the question would arise
later upon the Recommendation as to the
language for inclusion of that question; is
that correct?

THE PRESIDENT: That is correct.

DELEGATE WHEATLEY: So that in
effect we are giving one consideration to
the Majority Report, and we are requiring
the minority to raise that question twice
and be successful in their efforts; is that
correct?

THE PRESIDENT: This could be stated
to have that effect. This would mean that
what you are saying, as the Chair under-
stands it, is that if the present vote has
the effect of approving a recommendation
that something not be in the constitution,
that is an end of the matter; but if the
vote is the other way, it is not an end of
the matter; that is correct.

DELEGATE WHEATLEY: A further
on this same question, would the same pro-
cedure be involved for each of the ques-
tions that have been presented by the Com-
mittee Report?

THE PRESIDENT: I did not catch
what you said.

DELEGATE WHEATLEY: Would the
same procedure be followed as to the other
recommendations on the treasurer, comp-
troller, et cetera, in the Committee Report?

THE PRESIDENT: That is correct.

DELEGATE WHEATLEY: Thank you,
Mr. Chairman.

THE PRESIDENT: Delegate Sherbow.

DELEGATE SHERBOW: Is the motion
to set the Calendar debatable?

THE PRESIDENT: I think so.

DELEGATE SHERBOW: Mr. Chair-
man, members of the Committee, I know of
no matter before the Committee of the
Whole that is at this moment as divisive
as this one. I know of no matter that is as
important. I do not think that we ought to
act on a matter of such grave importance
while there is this state of confusion; and
therefore I favor allowing this aspect of
the matter, namely, the Board of Public
Works, to go over and be made a special
order of business for tomorrow or what-
ever time at which it will come up. I agree
with the Chairman.

THE PRESIDENT: Is there any further
discussion? Delegate Rybczynski.

DELEGATE RYBCZYNSKI: Mr. Presi-
dent, I have asked any number of people
during the hour and a half break this
question, and no one seemed to know the
exact answer, and I am sure that you can
help us all.

When we voted to amend by 68 to 66, at
that juncture, we then had the word "not"
stricken from the Majority Report. Is that
agreed?

THE PRESIDENT: That is correct.

DELEGATE RYBCZYNSKI: Now, my
question is, what was the second vote on it?

THE PRESIDENT: The second vote
was on the adoption of the Committee Rec-
ommendation as amended. The first vote
was on the motion to amend the Commit-
tee Recommendation. Delegate Rybczynski.

DELEGATE RYBCZYNSKI: Mr. Presi-
dent, is it not true that as we have been
working on the blue sheets, section by sec-
tion, first of all, we voted to amend. As
soon as we amended, or did not amend, we
moved on to the next amendment, or the
next minority report, and then finally,
after all the amendments were in, you then
asked for a vote on the total recommenda-
tion. I believe this happened.

THE PRESIDENT: This is correct.

DELEGATE RYBCZYNSKI: Very
frankly, I think a lot of us were confused
because the very next section talks about
eliminating the comptroller's office, elimi-
nating the treasurer's office, the attorney
general's office; and I honestly believe that
very possibly a lot of people were voting,
thinking that they were to approve or dis-
approve the entire EB-1 rather than just
that first sentence and I sort of gathered
this was confirmed by my discussions with
the various people through dinner time.

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1260   View pdf image (33K)
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