THE PRESIDENT: You do not have a
question as to form?
DELEGATE BAMBERGER: I am sorry.
I do not. My only question as to the form
then is with respect to requiring the Vice
Presidents to bring to this Convention the
names suggested by that governing body,
if they receive such names.
THE CHAIRMAN: Any further com-
ment? Delegate Henderson?
DELEGATE HENDERSON: I would
like to add just one comment to what Mr.
Bamberger and Mr. Grant said. It seems
to me that, in view of the Enabling Act,
which requires that the Convention act in
filling vacancies, a very serious legal ques-
tion might be raised as to whether a re-
quirement that the selection committee se-
lect anybody might not be considered a
delegation of that authority, which would
be unconstitutional, and something this body
certainly should not attempt.
THE PRESIDENT: Any further discus-
sion?
DELEGATE LINTON: Mr. President, if,
under Mr. Bamberger's suggestion or ob-
jection it would be more palatable to re-
word the suggestion here, that the First and
Second Vice-Presidents be the selection com-
mittee to make nominations, after consult-
ing with the local governing body, perhaps
such a clarification would put it more in
context with the purpose. However, I think
we have spent enough time on this par-
ticular motion. I would hate to see the
people of a county who have to live under
a new Constitution not have a definite say
in how their replacement would be selected
by this body.
THE PRESIDENT: Delegate Linton,
let me see if I understand your suggested
change. You would change your motion to
amend the last sentence by striking the
period, and adding the phrase, "to make
such nomination after consulting with the
governing body of said county for the pur-
pose of receiving its recommendation."
Is that your amendment?
DELEGATE LINTON: Yes.
THE PRESIDENT: Is the amendment
by Delegate Linton accepted by his sec-
onder? Is there any further discussion then
of the motion as amended? Delegate White?
DELEGATE WHITE: Mr. President,
having listened a bit, I agree with the posi-
tion that where there were more than one
delegate seeking election to this Conven- |
tion, and no objection from the selection
committee the person who was in the
runner-up position in the election, which
was conducted in June, should be auto-
matically moved into the vacancy that
exists in his legislative district. This would
eliminate some of the work of the selection
committee. The only problem I foresee would
be in the area where there were only one
delegate and no opposition to him. Then
there would be a problem.
Mr. President, if an amendment is in
order, I move that in all legislative districts
where there were more than one delegate
seeking election to this Convention, the top
runner-up automatically be moved into the
vacancy which might occur during the life-
time of this Convention.
DELEGATE FREEDLANDER: I sec-
ond.
THE PRESIDENT: Delegate White, I
do not think your motion is germane to the
motion now before us. You will be permitted
to make your motion after we act on the
motion now before us. As I understand
your amendment, it goes to the rule as pro-
posed by the Committee.
Any further discussion of the motion to
amend Rule TIC [77], as proposed by the
Committee?
DELEGATE BAMBERGER: Mr. Presi-
dent.
THE PRESIDENT: Are you ready for
the question? Delegate Bamberger?
DELEGATE BAMBERGER: I would
ask Delegate Linton if he would accept an
amendment to his amendment so that after
the word "committee" it would read, "after
consulting with the governing body of the
county, or City of Baltimore."
THE PRESIDENT: Do you understand
the question, Delegate Linton?
DELEGATE LINTON: I do not think it
can happen in the City of Baltimore, but I
accept this.
DELEGATE BAMBERGER: "after con-
sulting with the governing body of the
county."
DELEGATE LINTON: That is all right.
THE PRESIDENT: Thank you. Any
further discussion of the motion to amend?
DELEGATE SCANLAN: The Chairman
of the Rules Committee would like to say
that Delegate Bamberger, at least in his
previous appearance, and Delegate Grant, |
