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DELEGATE J. CLARK (presiding):
Delegate Bothe.
DELEGATE BOTHE: I believe I do know
the answer, but I feel that it should be in
the record of the Convention.
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: Well, we certainly
considered this, but we did not do anything
about putting it in or leaving it out. This
does not prohibit capital punishment, if
this is what you are leading to.
It says sanguinary laws ought to be
avoided as far as consistent with the
safety of the State, and as far as I know,
they are.
DELEGATE J. CLARK (presiding):
Are there any further questions on section
S? The Chair hears none.
We will move to section 9. Are there any
questions on section 9 ?
The Chair recognizes Delegate Vecera.
DELEGATE VECERA: Paragraph A,
lines 14 and 15, "provisions of this Con-
stitution shall not be suspended." How do
you interpret that, sir, with the transitory
provisions that we might eventually write
into the Constitution where certain sections
will of necessity have to be suspended?
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: No problem.
This was intended to avoid the repeal or
the setting aside of the Constitution, the
basic Constitution as we envision, in times
of war, rebellion, or something else. There
is no conflict otherwise.
DELEGATE J. CLARK (presiding):
Are there any further questions?
Delegate Byrnes.
DELEGATE BYRNES : Delegate Kiefer,
I refer to lines 17 through 20 of section 9,
subsection B, and also to the excellent
intra-Convention memorandum prepared
for us by Delegate Burgess.
Is it the Committee's intention to in-
corporate into the record, in any event, as
a supporting document for section 9, sub-
section B this memorandum?
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: I am not sure
I am familiar with the memorandum you
are talking about.
DELEGATE BYRNES: I assumed you
were, sir.
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DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: Well, let me re-
fer this to Delegate Burgess. He is our
expert in this particular field.
DELEGATE J. CLARK (presiding):
Delegate Byrnes.
DELEGATE BYRNES: I am referring
to your apparent broadening of the right
of eminent domain whore you say private
property shall be taken or damaged for
public use or purposes without just com-
pensation.
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: Pardon me,
where are you reading?
DELEGATE BYRNES: Section 9, sub-
section B, page 4, lines 17 through 19 of
your Majority Recommendation contains
the words "private property shall not be
taken or damaged for public use or pur-
poses without just compensation."
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: I understand
that, but what recommendation are you
referring to?
DELEGATE J. CLARK (presiding):
Delegate Byrnes.
DELEGATE BYRNES: I will have to
defer to Delegate Burgess.
DELEGATE J. CLARK (presiding):
Delegate Burgess.
DELEGATE BURGESS: The memo-
randum referred to is the one I furnished
you a copy of, Mr. Chairman.
DELEGATE KIEFER: That has not
been furnished to everybody else.
DELEGATE BURGESS: It has been
prepared.
DELEGATE KIEFER: I had not seen
it.
DELEGATE J. CLARK (presiding):
Delegate Byrnes.
DELEGATE BYRNES: It is my under-
standing that the inclusion of the word
"damaged" broadens the law beyond what
we know it to be today. Is that a correct
statement?
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: Yes.
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