I do not think the members of this Con-
vention, upon learning that there was a
minority report in process dealing with the
subject that they were scheduled to take
up the next day, would hesitate in granting
any reasonable delay so that the minority
could have its report printed.
DELEGATE JOHNSON: Mr. Chairman,
under the existing rules, there is no cutoff
date whatsoever for the receipt of the mi-
nority report. In your Report you speak of
delay; but, inasmuch as the rules require
the receipt of a minority report, can't the
minority report follow the Report any time
and wouldn't it have to be received then?
DELEGATE SCANLAN: No. You sug-
gest that perhaps these rules protect the
minority too much, as interpreted in one
way. No. I think the answer would be that
while there is nothing in the rules that
now imposes a cutoff date on the submission
of a minority report, sensible and prudent
protection of minority rights would move
the minority to try to get this report out
as soon as possible, because there would be
the contingency that if they did not act at
all, or did not seek an extension of time
from the Convention, the Convention would
have reached the point in the Committee
of the Whole where the majority report was
being taken up but the minority report was
not. The minority must be alert to pro-
tecting its rights, but I think that by the
flexibility that is permitted, protection un-
der these rules is probably greater than it
is in other legislative bodies. From that
point of view, I do not think the rules need
apologize for their position with respect to
what is required of the minority.
DELEGATE JOHNSON: No further
questions. Thank you.
THE PRESIDENT: I was going to state
for the information of Delegate Johnson
and the Convention that although this is
by no means an answer to the problems
that he points out, it is hoped that the
provisions of the rule providing for the
Committee on Calendar and Agenda will
go a long ways toward preventing the kind
of problem from arising that the delegate
suggests, because it is contemplated that
any delegate could informally speak to the
chairman of that committee, and since the
chairman controls the scheduling of all
general orders, he could probably move a
postponement. If the chairman did not con-
cur, every delegate, as you all know, has a
right to bring the matter to the floor at
any time.
Are there any further questions of the
committee chairmen for clarification? If |
not, the question arises on the adoption of
Motion No. 2, notwithstanding the adverse
report of the committee. Do the sponsors
desire to speak in support of the motion,
either of them? Delegate Rybczynski?
DELEGATE RYBCZYNSKI: Mr. Presi-
dent, Mr. Chairman, Members of this Con-
vention, my proposition is still the same
as it was originally, on either the first or
second day of this Convention when we
discussed these rules. The problem is not
so much the filing of a minority report. The
problem is what will be the effect of filing
the minority report. If under these rules
a majority report is filed, and it is then
subject to debate and decision within three
days thereafter, as we get closer to the
end of this session, we will realize that
these things will become more important,
particularly when we might find ourselves
on the short end of a report. None of us
knows now just where we will stand on
any one question, and whether we will be
in the majority or the minority.
Now, once the issue is debated on the
floor, and a roll call is taken on the issue,
the purpose in filing a minority report will
simply be historical. It will have very little
effect. Suppose the issue is debated again
on the floor and a new roll call is taken.
Does anyone suppose that a substantial
number of delegates will be in a position
at that point to do a flipflop and say: Well,
I was wrong on the majority report, I am
willing to change now and change over to
the minority report. As practical people, we
know this just is not going to happen. So
that the point again is that the matters
should not be debated; the matters should
not be subject to a roll call until both sides
are heard. Both sides will be heard, it is
true, on the majority report, but not in
the same way. There are privileges attached
for filing the minority report; you can as-
semble forces, you can assemble the argu-
ment. It will not be hit and miss. You will
be just as solidified as the majority if
necessary, so that I am speaking to you
now as possible objectors; I am speaking
to all of you now as possible dissenters to
a majority report. I am suggesting that any
report or any rule that depends on as
many nebulous and uncertain items as the
chairman of the committee has presented
here today either deserves a serious con-
sideration and a look favorable from you,
or perhaps further study.
Look at the words that have been used:
reasonableness, depends on the will of the
majority of those on the floor—why should
a minority report be subject to the ma-
jority vote of the Convention? Why should |
