rules in any way, it has to be accomplished
by a three-fifths vote of this Convention.
I move, Mr. Chairman, that the three-
fifths rule on the amendment of the rules
be sustained and kept in the document.
THE CHAIRMAN: It be restored?
DELEGATE FORNOS: Yes.
DELEGATE SCANLAN: Just a point of
order. I wonder whether Mr. Fornos was
in the room when I explained that the
three-fifths that appeared in the second
line of Rule 64 [68] is in there by a clerical
error, and so now his amendment is to
restore what was there by clerical error
and not there by liberal act of the
Convention.
DELEGATE FORNOS: Yes, but 1
think it was a Freudian slip.
THE CHAIRMAN: Does the Chairman
of the Rules Committee wish to make any
comment on this proposal?
DELEGATE SCANLAN: Yes. That
would put us, Mr. Chairman and fellow
delegates, in the ridiculous position that
we would require a three-fifths vote to
move our rules and yet require only a
majority vote to suspend them. I know of
no other legislative body that would have
such a strange dichotomy.
If it is to be at all logical, it should be
the reverse. The feeling of the committee,
and a fairly universal feeling it was, is
that this Convention should not be a slave
to its rules, but a master, provided that a
majority of the delegates and that is a
constitutional majority wish either to amend
or suspend their rules, and I stand on the
Committee's action and would recommend
to this body that it reject Mr. Fornos'
amendment to make official what was
merely a clerical error.
THE CHAIRMAN: Any further discus-
sion? The Chair recognizes Delegate Clarke.
DELEGATE E. CLARKE: Mr. Presi-
dent pro tem, I believe that this would be
contrary to House Bill 28, which was the
Enabling Act, which requires 72 only. The
chairman of that committee is here. Per-
haps he could comment.
THE CHAIRMAN: Does Delegate Boyer
wish to make any comment?
DELEGATE BOYER: Mr. President,
delegates, members of the Committee, this
one point caused, I imagine, the most prob-
lems in the General Assembly in adopting |
the enabling legislation of House Bill 28,
setting up the rules and guide lines for
this Convention. It was the consensus of
the General Assembly, for what it is worth,
that we should be consistent throughout
and have a majority rule, rather than any
unusual voting.
There was mention of three-fifths, three-
fourths, two-thirds, and a majority, but for
consistency and continuity, the General As-
sembly adopted a straight, across the board
majority rule on all of its deliberations.
THE CHAIRMAN: Delegate Fornos.
DELEGATE FORNOS: Delegate Boyer,
was this not the attempt for substantive
matters we were considering, rather than
the rules, which we have taken so much
time here to discuss very thoroughly and
to adopt here today?
DELEGATE BOYER: Delegate Fornos
is correct, that the enabling legislation as
adopted in the past by the General As-
sembly and signed by the governor did
merely touch on the substantive matters.
However, I think it would not be incon-
sistent to be consistent and to adopt, 1
would say, across the board majority rule.
DELEGATE FORNOS: A point of clari-
fication, on Rule 64 [68]. What I had rec-
ommended was that the affirmative vote of
three-fifths of all the delegates would be
left in line 2 and for the suspension of
rules, in the next to the last line of that
paragraph, the majority of all delegates
and also the figure three-fifths be replaced
in the paragraph. I think it is conceivable
to me that we can stand all day arguing
about these rules and carefully considering
them and after having studied them in our
homes throw them out and say that on any
given day whatever majority happens to
prevail, we will destroy the rules and sus-
pend them or operate without the rules
that the Convention may want to operate
under. The legislative bodies in all of the
states, contrary to Mr. Scanlan's remark,
do operate under a three-fifths suspension
of rules, which govern the operations of
their bodies.
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Mr. Presi-
dent, I might point out that in addition to
the substantive aspects of this constitution
which require a three-fifths vote, that also
on a procedural matter — pardon me, it
is a majority vote rather than a three-
fifths vote which controls on procedural
matters. In section 10, where we arrive at
the point where we -must decide whether to |
