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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1363   View pdf image (33K)
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[Nov. 29] DEBATES 1363

Committee of the Whole is not binding
upon the Contention, and that the whole
matter could be again considered on second
reading by the Convention.

I call to your attention, however, that we
are dealing with a Committee Report, not
a Committee Recommendation. It therefore
does not go to the Committee on Style. It
goes directly to the Convention, and the
action of the Convention with respect to
the report of the Committee of the Whole
on Committee Report EB-1 would prob-
ably occur within a matter of minutes, or
an hour after the Committee of the Whole
rises. It will not be on some future day.

Do you understand that, Delegate
Wheatley?

DELEGATE WHEATLEY: Mr. Chair-
man.

THE CHAIRMAN: Delegate Wheatley.

DELEGATE WHEATLEY: Mr. Chair-
man, I have a further question, then, with
respect to that answer. Would it not be
true, and again I think Delegate Schneider
has raised this question, along with several
others, days ago, that the recommendation
itself, while not containing1 the negative
prohibition, would be silent as to the comp-
troller if the Committee Recommendation
were adopted? However, would it not then
be possible on second and third reading as
it now stands for an amendment to be of-
fered to introduce this concept into the
recommendation itself?

THE CHAIRMAN: The Chair believes
not.

Are you talking about procedure again
of the Committee of the Whole, or of the
Convention?

DELEGATE WHEATLEY: The Con-
vention.

THE CHAIRMAN: You would at that
time have had an action of the Convention
with respect to this Recommendation. The
Chair would doubt that if the Convention
has approved the prohibition that the Con-
vention, on a subsequent consideration of
another matter, could consider that.

Delegate Wheatley.

DELEGATE WHEATLEY: Mr. Chair-
man, I would respectfully request that the
Chair keep this matter under advisement.

THE CHAIRMAN: The Chair will be
delighted to do that.

DELEGATE WHEATLEY: I see grave
problems if this result is adopted as to
our whole structure.

THE CHAIRMAN: The Chair will keep
it under consideration and will announce
its decision with respect to it before it
submits the report of the Committee of the
Whole to the Convention for action, so you
will be advised.

Are you now ready for the question?
Delegate Dorsey.

DELEGATE DORSEY: A parliamen-
tary inquiry. Even my good friend who sits
next to me, former President of the Mary-
land Senate, seems confused.

As I understand the question, a vote Aye
is to strike the word "not" from the ma-
jority report, and the language would
read that a comptroller shall be provided
for in the Constitution; a vote Aye would
be in favor to strike the word "not", and
in favor of the Sybert amendment. A vote
No would be against it, is that correct?

THE CHAIRMAN: That is correct.

The question now arises on the adoption
of Amendment No. 2. The Clerk will ring
the quorum bell.

There will be two votes: First a vote on
the amendment, and then a vote on the
recommendation, either as amended or as
not amended. A vote Aye is a vote in favor
of the amendment, in favor of striking the
word "not." A vote No is a vote against.

For what purpose does the delegate rise?
(There was no response.)

THE CHAIRMAN: Are you ready to
cast your votes? A vote Aye is a vote in
favor of the amendment; a vote No is a
vote against. Cast your votes.

Has every delegate voted? Does any dele-
gate desire to change his vote?

The Clerk will record the vote.

There being 69 votes in the affirmative
and 70 in the negative, the motion is lost.
The amendment is rejected.

DELEGATE J. CLARK: Seventy-one.

THE CHAIRMAN: I am sorry — 69 in
the affirmative, 71 in the negative. The
amendment is rejected.

The question — for what purpose does
Delegate Storm rise?

DELEGATE STORM: A parliamentary
inquiry, Mr. Chairman.

THE CHAIRMAN: State the inquiry.

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1363   View pdf image (33K)
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