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provide for disapproval by a majority of
all the members of either house of the
General Assembly. In the legislative ar-
ticle we do not provide for constitutional
majority, but a majority of those present
and voting or a majority of a quorum.
Would you accept an amendment to that
effect if the legislative article were to
stand and we were to have there a ma-
jority of those present and voting?
DELEGATE J. CLARK (presiding):
Chairman Morgan.
DELEGATE MORGAN: I just cannot
remember offhand why the Committee chose
to make it a constitutional majority of
both houses. I think that is the actual prac-
tice in the General Assembly at the present
time, but it may not be in the new legisla-
tive article.
I think we just put it in following the
practice of the General Assembly at the
present time.
DELEGATE J. CLARK (presiding):
Delegate Clagett.
DELEGATE CLAGETT: Delegate Mor-
gan, with reference to section 4.19, page 21,
line 12, and while you are hunting for it,
this question should be asked by Delegate
Chabot instead of myself: do you mean by
the last word on line 12, each house of the
General Assembly? You do not mean that
it can be done by one of the two houses;
you mean by both, do you not?
DELEGATE J. CLARK (presiding):
Delegate Morgan.
DELEGATE MORGAN: By one of the
two houses; by either house of the General
Assembly.
DELEGATE J. CLARK (presiding):
Are there any further questions?
DELEGATE MORGAN: In other words,
this is kind of a bill in reverse; a bill has
to be passed by both houses of the General
Assembly, and if it is not passed by one,
it never becomes law. This would turn the
thing around and create the effect that if
one house disapproves, it does not become
law.
That is the theory of it.
DELEGATE J. CLARK (presiding) :
Are there any further questions? If not,
the procedure prescribed here is that we
will take each section, 4.01 through 4.17.
They are open to amendments as we take
them seriatim.
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The Chairman suggests that it would be
better at this time to have the minority
report. Is Delegate Boyce ready?
DELEGATE DELLA: Mr. Chairman.
DELEGATE J. CLARK (presiding) :
Delegate Della.
DELEGATE DELLA: Mr. Chairman, I
have a question on section 4.24, on the fill-
ing of the vacancy of a job that must be
with the advice and consent of the Senate.
The governor can make his appointment,
and then submit some other person in his
place.
Now, the name of the person that is sub-
mitted in his place, who gets the job if it
is advised and consented to by the Senate,
is it the substitute or the one who fills the
job?
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: I —
DELEGATE DELLA: That is page 9,
Delegate Morgan, beginning around page
23.
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: I knew the an-
swer to that question once. I must say it
puzzles me as much as it evidently does
you. I have forgotten what the answer is.
I will get it for you though, and let you
know shortly.
DELEGATE J. CLARK (presiding):
Delegate Della.
DELEGATE DELLA: I have another
question with that. Does the party whose
name has been substituted, who has been
appointed, lose his position if the substi-
tuted name is advised and consented to and
if the person whose name is submitted to
the Senate is rejected by the Senate? Does
the person who is now filling the vacancy
carry on as the appointee?
DELEGATE J. CLARK (presiding):
Chairman Morgan.
DELEGATE MORGAN: I will have to
find out the answer to that question.
DELEGATE J. CLARK (presiding) :
The Chair recognizes Delegate Boyce. For
what reason does he rise?
DELEGATE BOYCE: I think I might
be able to help Delegate Morgan out on
this.
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