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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1731   View pdf image (33K)
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[Dec. 4] DEBATES 1731

the state shall operate or authorize a lot-
tery for any purpose."

That is straight-forward. It means there
could be no question about its meaning-.
There is, as my good friend Delegate —

THE CHAIRMAN: Just a second, please.
Do you accept the amendment, Delegate
Scanlan?

DELEGATE SCANLAN: No, for the
reason that the language —

THE CHAIRMAN: Not necessary to
state the reason. Is there a second of the
proposed amendment?

(The a in cud ment was seconded.)

THE CHAIRMAN: Proposed Amend-
ment is seconded.

The Chair recognizes Delegate Bennett.
This will be Amendment 1-A.

DELEGATE BENNETT: I ask the in-
dulgence of the Committee for only a very
few minutes. We debated it at length. Let
us stand up and be counted for this.

Are you for lottery or are you against?
Do you want to put in some weasel-words
in this argument or do you want to stand
up and say where you stand with regard
to the lotteries?

Are they a menace to the good name, as
Senator James said, of the State of Mary-
land? Are they something that robs our
State of the kind of image it would like to
g-ive the rest of the country? Let's say
what we mean and have done with it, and
not leave it to some court.

This amendment as now proposed is a
shell game. When I was a youngster I used
to go around to the state fairs and see the
fellow manipulate the shells and he had
great skill in getting the pea between his
fingers. I say with all due deference to my
friend Al Scanlan, he has got the pea be-
tween his fingers. He is trying to kill this
amendment.

I think we should stand up and be
counted and vote straight-forward, so I
urge this amendment.

THE CHAIRMAN: The question now
arises on the amendment to the amendment.
Does Delegate Macdonald desire to be
heard on the amendment?

Por what purpose does Delegate Clarke
rise?

DELEGATE E. CLARKE: For a point
of parliamentary inquiry.

Is not the amendment to the amendment
out of order since in substance it is some-
thing that the majority report dealt with?

THE CHAIRMAN: I am not sure. It
depends on how one interprets the word
"authorized." This is a question I was
waiting for someone to raise.

Delegate Bennett, what do you intend
by the use of the word "authorize" in line
six?

DELEGATE BENNETT: My intention
is clear. Namely, that it states the General
Assembly does not permit, authorize, sanc-
tion, what have you, a lottery for any
purpose.

THE CHAIRMAN: Very well. The
amendment to the amendment is out of
order. The question arises on the original
amendment, Amendment No. 1.

Delegate Bennett.

DELEGATE BENNETT: Would you
please inform me why the amendment is
out of order?

THE CHAIRMAN: Because on the basis
of your explanation, it is equivalent to the
recommendation.

DELEGATE BENNETT: Equivalent to
the —

THE CHAIRMAN: To the Committee
Recommendation. So you would be taking
it right back to the Committee Recom-
mendation. You accomplish the same pur-
pose by voting against the amendment.

DELEGATE BENNETT: I urge people
to vote against the amendment, then.

THE CHAIRMAN: Very well.

Delegate Macdonald.

DELEGATE MACDONALD: Mr. Chair-
man, I was going to make the very same
amendment which Delegate Bennett has al-
ready made but I would not put the same
interpretation on it.

(Laughter.)

THE CHAIRMAN: I think the words
are suspect now. You better use different
words, then.

DELEGATE MACDONALD: Mr. Chair-
man, I do think that this contains a nega-
tive predicate, namely that the state or a
local governing body could authorize a lot-
tery for a private purpose.

THE CHAIRMAN: Could you accom-
plish the purpose that you seek by amend-
ing in the manner suggested by Delegate



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1731   View pdf image (33K)
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