|
sentation acceptable. It would be my under-
standing, of course, that there would be no
question but that the General Assembly
would provide by rule those things which
are called for in 3.17a.
THE CHAIRMAN: Are there any ques-
tions of the sponsor of the amendment?
Delegate Macdonald.
DELEGATE MACDONALD: I just have
an observation.
THE CHAIRMAN: Make the observa-
tion.
DELEGATE MACDONALD: In the ar-
ticle on the judicial branch we use the
term "by rule" probably as a term apart,
and the court refers to a rule by the Court
of Appeals. Here we use the same term,
and we obviously do not mean the same
thing. We can just call it to the attention
to the Committee on Style.
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: I believe it
is a word of art insofar as the General
Assembly is concerned because both the
house and senate offer their own rules and
it is guided by them, so it has a distinct
meaning when you are dealing with mat-
ters pertaining to the legislative branch.
THE CHAIRMAN: Are there any fur-
ther questions of the sponsor of the amend-
ment?
(There was no response.)
Are there any discussions?
Delegate Gleason.
DELEGATE GLEASON: Mr. Chairman,
and fellow delegates: Let me say as one
who has participated in this compromise
that I do so with a certain degree of re-
luctance. I only did it with respect to re-
solving the intricate legal questions that
were raised by Delegate Case, not that in
my own mind the issues were not clear, but
simply because I did not want to spread on
the record of this Convention, that con-
fusion.
I am assured by the Chairman of our
Committee that the primary mover of these
amendments to delete these provisions, Del-
egate James, is under no illusion or misap-
prehension that there is a mandate on the
General Assembly in both houses with re-
spect to carrying out the provisions, par-
ticularly in section 3.17a. It is clear, of
course, under our prior discussion that if
those houses do not carry these provisions
out, there is no way that such action can be
|
subject to a legal proceeding on the part
of any citizen. It is that area, of course,
where my concern rests, but in the interest
of resolving this and with the assurances
that I understand Senator James has given
and which I hope before we conclude this
debate we would say once more aloud, I
will support this compromise measure.
THE CHAIRMAN: Delegate James.
DELEGATE JAMES: Mr. Chairman,
my principal concern about this was a
strict interpretation given to these proce-
dural provisions. I am satisfied that the
actions of the General Assembly are not go-
ing to be declared invalid because of the
failure to comply with some technicality. I
am sure the General Assembly will carry
forward the concepts of 3.17a.
THE CHAIRMAN: Are you ready for
the question?
(Call for the q ne s tion.)
THE CHAIRMAN: Delegate Gill.
DELEGATE GILL: In section 3.17a it
says the General Assembly shall provide by
rule, and down in line 27 beginning with
25, "the General Assembly shall provide
by rule that all final committee votes on
all bills in both houses shall be entered by
individual recorded vote in the daily jour-
nal of the appropriate house." That was
left intact from section 3.17 which failed to
pass Delegate James' amendment. It does
not give the possibility of the committee
votes being recorded because the rule might
not be passed by the General Assembly in
regard to this. Is that not right?
THE CHAIRMAN: If your question is
addressed to the Chair, I would have to
agree that if the General Assembly did not
provide this by rule, it could be ignored;
it would seem to me and this is purely a
personal observation, it would be incon-
ceivable that the General Assembly will
flaunt a very clear and explicit constitu-
tional provision. I cannot imagine that the
General Assembly would refuse to pass a
rule provided for in section 3.17a.
THE CHAIRMAN: Delegate Gill.
DELEGATE GILL: May I ask Delegate
James' interpretation of it?
DELEGATE JAMES: I think it would
be clearer if the General Assembly would
do this. However, there is nothing before
us to take the final vote and be defeated
in committee by being ignored. There is
nothing you can do about that in any con-
stitution.
|
