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DELEGATE MORGAN: Because the
governor has two men of his own on the
board, plus one individual appointed by
himself.
THE CHAIRMAN: For what purpose
does Delegate Chabot rise?
DELEGATE CHABOT: To ask a par-
liamentary inquiry.
THE CHAIRMAN: State your inquiry.
DELEGATE CHABOT: Am I correct in
my understanding that if Amendment No. 4
is adopted, whether with or without Dele-
gate Fornos' amendment, that we will
nevertheless have to be presented with ad-
ditional language on the consideration of
Recommendation EB-1, and that it is open
to the Convention to reject any additional
language?
THE CHAIRMAN: That is, of course,
correct. The report here, if approved, would
have to be implemented by the drafting of
a provision for the constitution, which
would have to be included in the Committee
Recommendation, or an amendment to it.
Such a recommendation could not be at
variance with the action of the Committee
of the Whole on this item.
Delegate Chabot.
DELEGATE CHABOT: Am I correct in
my understanding that if Amendment No.
4 is defeated, that nothing that we have
done thus far would prevent the Committee
on the Executive Branch from offering for
adoption at the appropriate point in Com-
mittee Recommendation EB-1 exactly the
same language that it could offer if Amend-
ment No. 4 were adopted?
THE CHAIRMAN: The way you phrase
your question, the Chair hesitates. The
Committee could offer the same language
that it might offer. It would not be neces-
sarily compelled to offer the same language.
Delegate Chabot.
DELEGATE CHABOT: Would it be in
order for the Committee or anyone else to
offer that same language?
THE CHAIRMAN: It would certainly
be in order for the Committee to submit
that as an amendment. It would be in order
for anybody else at the proper time to
submit such an amendment.
In other words, the question in the pos-
ture you suppose would have the Committee
of the Whole taking no action whatsoever
with respect to a board of this kind. This
would leave the Committee of the Whole
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free to consider or not to consider creation
of such a board by the committee recom-
mendation or amendment to the committee
recommendation.
Delegate Chabot.
DELEGATE CHABOT: Am I correct in
my understanding that if Amendment No.
4 is adopted, with or without the Fornos
amendment, that the Committee of the
Whole would then be precluded from de-
ciding such matters as to permit the gov-
ernor to appoint anyone, not merely the
head of a principal department, as his ap-
pointee?
THE CHAIRMAN: I am not sure.
Would you state that again?
DELEGATE CHABOT: If Amendment
No. 4 is adopted, am I correct in assuming
that when we get to Recommendation EB-1,
the Committee of the Whole would be pre-
cluded from determining that the governor
should have a free hand in appointing his
appointee to that board?
THE CHAIRMAN: I am not sure what
you mean by "free hand." If you mean
that the Committee of the Whole would be
precluded from changing the provision that
the appointee would be head of the princi-
pal department, your statement is correct.
Delegate Chabot.
DELEGATE CHABOT: Mr. Chairman,
I am not clear as to whether or not this
is an appropriate point of order, but I sug-
gest that it is nevertheless improper pro-
cedure then at this point for the Committee
of the Whole to be making what are in
essence decisions upon details, and for all
practical purposes, decisions upon lan-
guage, without having before us considera-
tion of the language to be inserted into the
constitution; and that it would be most ap-
propriate if this matter be before us at a
time when we are considering constitu-
tional language.
THE CHAIRMAN: The point of order
you raise depends upon the interpretation
of the rule that language to be included in
the constitution be submitted to the Con-
vention, either by delegate proposal or by
committee recommendation. The Chair had
been proceeding on the assumption that this
was not the precise language. You raised
the question that even though it is not the
precise language, it could control precise
language, and the Chair would like a few
minutes to consider it.
For what purpose does Delegate Dorsey
rise?
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