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pretation of the equal protection clause of
the federal Constitution as we would also
embody it in our state Constitution.
THE CHAIRMAN: Delegate Hanson, may
I interrupt you a moment? There is left in
this period remaining only two minutes. At
least one other delegate has been trying to
get the floor.
Will you please confine yourself to one
minute ?
DELEGATE HANSON: I shall try my
best, sir.
Due process and equal protection are
flexible concepts. We need a concept in the
constitution which is a guarantee of a right
already won. We need to insure that right.
Due process and equal protection are
themselves two of the most indeterminate
concepts in the constitution. It has taken
a hundred years to define them this far.
Let us have a concept which people know
the meaning of.
Finally, in reply to Delegate Weidemeyer,
I would merely point out that because of
the indefiniteness of the equal protection
clause, the Federal 'Civil Rights Act is
based upon the Interstate Commerce Clause,
and not on the 14th Amendment.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition?
Delegate Willoner, do you desire to speak
in opposition to the amendment?
DELEGATE WILLONER: No, Mr. Chair-
man.
THE CHAIRMAN: The Chair recognizes
Delegate Gill and she will use up the re-
maining time.
There is only one minute left.
Delegate Gill.
DELEGATE GILL: Mr. Chairman and
fellow delegates, I first rose because I was
very confused by Delegate Hardwicke.
I could not understand how his name could
be on the minority report and then he lead
the opposition to that report, especially
when I considered him a fair-minded man,
who either stood for something or did not
stand for it.
After that time passed, a lot of delegates
expressed the opinion that they could not
understand why this should be put in the
constitution. There is one reason why you
cannot understand. You have never been a
Negro. Perhaps you will never understand
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for that basic reason, but if we had nine
white people down here and the rest of
them colored instead of the reverse, nine
colored and the rest of you white, all of
the rest of those delegates would under-
stand that this would be a vital inclusion
in the constitution, not because we want
anything more than you have, not because
we want anything more than any other
American citizen has, but we just think
that this would be an added assurance that
each day of our life would not be filled with
so much discrimination because of our race
and color.
THE CHAIRMAN: Delegate Mitchell.
DELEGATE MITCHELL: A point of ex-
planation. I think Delegate Gill missed
Delegate Hardwicke's statement, that he
signed the minority report, and he was
simply acting as a lawyer for his client
when he presented the majority report of
the Committee.
I would like to clear that up, and Mr.
President, will you please instruct the dele-
gates that the vote now is on whether we
shall add sex?
THE CHAIRMAN: No, that is not the
vote.
DELEGATE MITCHELL: Isn't it?
THE CHAIRMAN: No. The Chair will
state the question. The time for debate has
expired. Delegate Gill.
DELEGATE GILL: Mr. Chairman, in
answer to Delegate Mitchell, I would like
to say that I did not misunderstand Dele-
gate Hardwicke. I understood what he said,
but with 18 people on the Committee, I
could not see where they could not find a
leader for the other 11.
THE CHAIRMAN: The Clerk will ring
the quorum bell.
Delegate Willoner.
DELEGATE WILLONER: Mr. Chair-
man, I would like, since some delegates
have some questions about this to try to
clear up the history of this particular pro-
posal, and not make a speech for it.
THE CHAIRMAN: Delegate Willoner,
the time for debate has completely expired
and gone beyond. Do you feel there is any
misunderstanding at the present time?
DELEGATE WILLONER: Apparently
there is, Mr. Chairman.
THE CHAIRMAN: Are you speaking on
behalf of the Committee ?
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