expressed what I regard to be the strong
feeling of the Committee, that the language
of the motion suggested by Delegate Linton
is exhortatory and, therefore, unnecessary.
If it is more than that, however, it runs
afoul of the Constitutional problems to
which Judge Henderson referred and I ask
that the amendment be rejected.
THE PRESIDENT: Any further discus-
sion? Are you ready for the question? The
question arises on the motion to amend the
present motion of the committee to adopt
Rule 71C [77], by amending the last sen-
tence in Rule 71C [77], as follows: striking
the period after the words "selection com-
mittee," and adding the phrase, "to make
the nomination, after consulting with the
governing body of said county for the pur-
pose of receiving its recommendation."
The vote Aye is a vote in favor of the
amendment, and you will then have the
further opportunity to vote on the motion
of the committee to approve the rule. A
vote No simply defeats the amendment. I
think we had better take a roll call vote.
All those in favor, signify by saying Aye.
Have all delegates voted? Does any delegate
desire to change his vote?
(There was no response.)
If not, the Clerk will record the vote.
There being 39 votes in the affirmative and
92 in the negative, the motion is lost. The
amendment is rejected.
DELEGATE SCANLAN: Mr. President,
I would just like to say that I pulled the
wrong switch and voted with Mr. Linton.
From now on I will let Mr. Rybczynski
do it for me.
THE PRESIDENT: The question is now
before you for discussion of the motion to
approve the rule as recommended by the
Committee. Delegate Bard?
DELEGATE BARD: I was going to say
that perhaps Delegate Scanlan pulled the
wrong switch earlier.
THE PRESIDENT: Delegate White?
DELEGATE WHITE: Mr. President,
while it is recognized that the Rules Com-
mittee has done a very excellent job—
THE PRESIDENT: Delegate White,
may I ask you to state your motion first?
Then you will be given the opportunity to
discuss it.
DELEGATE WHITE: I will move that
the motion be amended to state the follow-
ing: that in all legislative districts from |
which delegates were elected to this Consti-
tutional Convention where more than one
delegate ran and sought election, and vacan-
cies occur in such areas, they automatically
be filled by the runner-up candidate and
that in other situations, where only one
delegate ran who was not opposed the solu-
tion indicated be used.
DELEGATE FREEDLANDER: I sec-
ond the motion, Mr. President.
THE PRESIDENT: I think it is going
to be difficult for the Convention to act on
the precise language of the motion, and I
would suggest, therefore, that procedurally,
if the Convention delegates feel that they
have the purport of the motion sufficiently
in mind, and the motion is adopted, we re-
commit the rule to the committee to ap-
praise it precisely. Would that be satis-
factory to you, Delegate White?
DELEGATE WHITE: Yes, Mr. Presi-
dent, except that it may delay us. Of course,
I could offer, and possibly it would be
necessary to offer two amendments. I could
address myself to one precise amendment
dealing with the manner of electing people
to fill vacancies where there were more than
one delegate seeking an election. I could
make that motion precisely.
THE PRESIDENT: I can have my secre-
tary type up immediately what you have
said and bring it to you while you are
talking, if you would rather see it.
DELEGATE WHITE: Thank you.
DELEGATE SHERBOW: Mr. President,
a point of order.
THE PRESIDENT: Delegate Sherbow.
DELEGATE SHERBOW: I rise on a
point of order to call the attention of the
President to the statute, which says that
if any vacancy exists or occurs after the
first meeting of the Convention in plenary
session is called to order, the vacancy shall
be filled by the Convention. I suggest that
this Convention cannot automatically do
anything now; it must act when the vacancy
occurs, and be governed by the rules, which
are not in contravention of the statute.
THE PRESIDENT: Is there any further
discussion? Delegate Chabot?
DELEGATE CHABOT: As I understand
Mr. White's proposal, it is basically that
the first runner-up fill the vacancy auto-
matically. I suggest that there will be times
when the first runner-up was the next most
highly favored of the candidates. There will |
