|
the motion, but I would like to say that the
reason that it was offered was because in
questioning Delegate Gallagher he indicated
there was nothing in the guidelines speci-
fied in 3.02 which would prevent dividing
the county in many parts.
I believe if the testimony of the Commit-
tee was that the intent was not to divide
counties in many parts that may solve our
problem, but I will withdraw the amend-
ment.
THE CHAIRMAN: The amendment is
withdrawn. Do you have a decision on
amendment U?
DELEGATE GALLAGHER: Yes. I
would like to offer it, please.
THE CHAIRMAN: Pages will please
distribute amendment U.
DELEGATE GALLAGHER: Mr. Chair-
man, may I address myself please, just
briefly to Mr. Dulany's withdrawal of his
amendment?
THE CHAIRMAN: Yes, indeed.
DELEGATE GALLAGHER: I think it
would be the intention of our Committee
that where you have a county which com-
poses in population the majority of a senate
or house district that hopefully the com-
mission and the General Assembly will
start composing that district with that
county -as its initiating subdivision, so that
there will not be a predisposition to divide
unnecessarily.
I think that that would be a reasonable
interpretation of the Committee's will.
THE CHAIRMAN: Pages are distribut-
ing the amendment U. Please mark it No.
13. The Clerk will read the amendment.
READING CLERK: Amendment No. 13
to Committee Recommendation LB-2 by
Delegate Gallagher:
On page 1, section 3.02, Legislative Dis-
tricts, in line 18 strike out the word "Natu-
ral" and insert in lieu thereof .the words
"Due regard shall be given to natural";
and in line 19 place a period after the word
"subdivisions" and strike out all of line 20.
THE CHAIRMAN: The amendment is
offered by Delegate Gallagher. Is there a
second?
(The amendment was duly seconded.)
THE CHAIRMAN: The Chair recog-
nizes Delegate Gallagher to speak to the
amendment.
|
DELEGATE GALLAGHER: Mr. Chair-
man, and ladies and gentlemen of the Com-
mittee: You will remember that the reason
I advanced to you as to why the Commit-
tee on the Legislative Branch departed
from the Constitutional Commission's rec-
ommendation that the districts 'should be
as equal as practicable was that we were
afraid that there could always be an argu-
ment made that regardless of what plan
was put forward a more equal plan could
be put forward and possibly advance what
would be generally acceptable. It was called
to my attention that if we use the sentence
as it begins on line 18 of page 1, section
3.02 which reads "Natural boundaries and
the boundaries of political subdivisions
shall be followed insofar as practicable",
that we were well running the risk that if
anyone could come in with another plan
which followed a little more closely natural
boundaries and boundaries of political sub-
divisions that we did run the risk that this
so-called nit-picking could take place and
there would be every possibility of upset-
ting an otherwise acceptable plan.
To make the sentence less of a mandate,
we have accepted a substitution of a sen-
tence to have it read "due regard shall be
given to natural boundaries and political
subdivisions.", thereby removing the possi-
bly serious use of the verb "practicable",
and we are .trying to get away from the
use of the practicable; consequently say-
ing "Due regard shall be given" has less
of a mandate to it and we would hope that
this particular amendment would be
adopted.
THE CHAIRMAN: Are there any ques-
tions of the sponsor of the amendment? Is
there any discussion?
(There was no response.)
Are you ready for the question?
(Call for the question.)
The Clerk will ring the quorum bell.
The question arises on the adoption of
Amendment No. 13. A vote Aye is a vote
in favor of the amendment; a vote No is
a vote against.
Cast your vote.
Has every delegate voted? Does any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the votes.
DELEGATE GALLAGHER: Mr. Chair-
man, may I suggest that this is not the
time to stop.
|
