native is selected, it is open to some criti-
cism. In point of fact, I would think, and
I think the Committee felt, that the only
really difficult problem is where there is no
delegate remaining to speak for a county,
and in that case we have provided that the
two Vice Presidents would have the power
to make the nominations. It would always
be the Convention, of course, that would
have the power to accept or reject the
nominations. Senator Clark, in questions
put to him by Delegate Bamberger, con-
ceded that in exercising that power he
would consult with the local people, Com-
missioners or the council as the case might
be to get their views. I would think any
reasonable man on a selection committee
placed in that position would do the same
thing but, of course, would not be bound
by it. We wanted to avoid any rule which
would indicate that this Convention shared
its power to fill vacancies, as directed by
the General Assembly, with any governing
body, private or political group, and for
that reason, we have recommended the
adoption of the resolution in the form in
which it is set forth in the Fourth Report.
THE PRESIDENT: Are there any ques-
tions, for purposes of clarification, of the
Chairman of the Committee?
(There was no response.)
THE PRESIDENT: Do you desire to
make a motion, Delegate Scanlan?
DELEGATE SCANLAN: I now move
that proposed Rule 7I [77], containing sub-
section 71A [77] through D be adopted;
amended, of course, by the language that I
mentioned before that was inadvertently
omitted: the words to appear in the first
line of Rule 71A [77] "of the death or
resignation of a delegate to the Conven-
tion."
With that stylistic or grammatical addi-
tion, I move the adoption of the report and
the adoption of the proposed rule.
THE PRESIDENT: Is there a second?
DELEGATE BEALL: Second.
THE PRESIDENT: Delegate Linton?
DELEGATE LINTON: Mr. President, I
apologize for taking the time of this COn-
vention, but on page 2, Rule 71C [77], "in
the event no delegate remaining, the First
Vice President and Second Vice President
shall be the selection committee."
This in my opinion does not solve the
problem of perhaps having delegates from
adjoining counties make the nomination. 1 |
would suggest that we add, after the period
in that paragraph, "to contact the govern-
ing body of said county for the purpose of
receiving its. recommendations."
This in no way requires compliance, but
it does assure the people of that county
that they will be consulted on the replace-
ment of a delegate to this Convention.
THE PRESIDENT: Delegate Linton,
the Chair is uncertain where you would
add the phrase that you suggested; in which
line?
DELEGATE LINTON: After the last
line of 71C [77], on page 2 of the commit-
tee's recommendations. This would be a new
sentence, at the end of that paragraph.
THE PRESIDENT: Would you state
your sentence again, please?
DELEGATE LINTON: After the word
"committee," delete the period, and add the
words, "to contact the governing body of
said county for the purpose of receiving its
recommendations."
You could further add the words, "before
placing any name before the Convention."
Although it is understood the Committee
will do so, I believe the phrase would make
it explicit that this Committee will place
in nomination a name from any county that
no longer has representation. On the other
point, however, there is no assurance, other
than the assumption that they will contact
the governing body for its recommendations.
THE PRESIDENT: If you make that
as a separate sentence, if I have it correctly,
would you not say, "the selection committee
shall contact?" Is that what the meaning
of your amendment was? I am not sure I
heard you correctly. I have it: "to contact."
DELEGATE LINTON: Either way in
my opinion, "shall be the selection com-
mittee to contact the governing body of said
county."
THE PRESIDENT: All right. Then it
would not be a separate sentence.
DELEGATE LINTON: It would not be
a separate sentence.
THE PRESIDENT: Is there a second'
to the motion?
(The motion was duly seconded.)
THE PRESIDENT: The motion then is
to amend 71C [77] by striking the period
after the last word in the last sentence and
adding the phrase, "to contact the govern-
ing body of said county for the purpose of |
