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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2005   View pdf image (33K)
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[Dec. 8] DEBATES 2005

proper way to vote on this amendment
would be in two parts. It deals with two
sections, and they are separable.

DELEGATE JOHNSON: I would like
to appeal the ruling of the Chair and per-
haps call to the parliamentarian's atten-
tion that it seems to me if we do divide
the question —

DELEGATE J. CLARK (presiding):
If the first part failed, the other part
would obviously be dropped, I assume.

DELEGATE JOHNSON: What would
happen if the first part were adopted. If
the first part were adopted, it would seem
to me the second part would also provide
for county elections in 1971, whereas the
first part would have provided for county
elections in 1970. I do not believe that
Amendment No. 14 is in fact divisible.

DELEGATE J. CLARK (presiding):
Even if there is an inconsistency, which
there is, the Chair has ruled that it is
divisible. If you want to appeal the ruling,
you have that right.

DELEGATE JOHNSON: At the proper
time, when the question is presented to the
body, I will appeal the ruling of the Chair.

DELEGATE J. CLARK (presiding):
All right.

Anyone wishing to speak for the amend-
ment now?

Delegate Gallagher.

DELEGATE GALLAGHER: Mr. Chair-
man, ladies and gentlement of the Com-
mittee: We are not trying to be separatists
about this, but I would like to state what
I believe to be the position of the Balti-
more City delegates and make a suggestion
to them.

Number one, the City does not want its
election to take place at the same time
when the state election is taking place.

Number two, Baltimore City does not
want to change its present election cycle,
nor in 1971 and each four years there-
after.

Number three, most of the delegates
from Baltimore City are ill-disposed to
force the counties to follow the will of the
City of Baltimore when Baltimore City it-
self is asking for an exception.

I have this proposal to make to my fel-
low delegates from Baltimore City.

On this impending vote, withhold your
vote. Watch the board with respect to what

the counties appear to want, and if dis-
cernible go along with the majority. I
think that is about the fairest way to ap-
proach it.

DELEGATE J. CLARK (presiding):
The Chair is looking for someone who
wants to speak for the amendment. Is there
such a person?

The Chair recognizes Delegate Scanlan.

DELEGATE SCANLAN: I would like to
speak for it, because the best solution we
have on the board would be a better solu-
tion.

I suggest in this case the advice of the
Parliamentarian to the Chair is not as
reliable as it has been in the past.

This is obviously one substantive issue.
Delegate Gallagher's remarks make that
perfectly clear.

Baltimore City does not want to impose
its will on us, nor do we want to be less
than accommodating to Baltimore City.
The situations are inextricably related in
this amendment, and it should be voted in
its entirety. It is not divisible, and hope-
fully the amendment will pass.

I think there is a better solution, but I
think we ought to get on with it. There-
fore to set the matter in focus, I appeal
the previous ruling of the Chair saying
that this question is divisible and ask that
that appeal be put to the Committee of the
Whole.

DELEGATE J. CLARK (presiding):
Delegate Scanlan has appealed the ruling
of the Chair and it has been seconded.

DELEGATE DUKES: Since he made a
speech first, will you let me make one?

DELEGATE J. CLARK (presiding):
The Chair recognizes Delegate Dukes.

DELEGATE DUKES: I made the mo-
tion to divide in the first place, Mr. Gal-
lagher has made a speech, and Mr. Scanlan
has made one. Maybe we all ought to make
one.

I made the motion to divide for a very
.simple reason. We are being forced into
deciding yes or no. The county must make
the election in a certain way. Given the
choice at this time I, for one, would favor
to retain the state and county election to-
gether in Prince George's County.

I think the time is going to come when
it would be much better for us to be able
to divide our elections, so if I must vote



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2005   View pdf image (33K)
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