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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 22   View pdf image (33K)
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22 CONSTITUTIONAL CONVENTION OF MARYLAND [July 11]
go on for another 30 days, it is a majority
vote and not a three-fifths vote that
controls.
At the Rules Committee meeting on Fri-
day night, I think the point was made
that we would not want to lock ourselves
in by using a majority to set up rules and
then allowing a lesser number than this to
control the rest of the Convention on a
procedural aspect, particularly when these
rules are very complicated in parts. 1
think it would be more fair to the Conven-
tion to use the majority rule rather than
the three-fifths rule. Otherwise, we may
find ourselves hopelessly over a barrel.
THE CHAIRMAN: The question arises
upon the adoption of the amendment of-
fered by Delegate Fornos. All in favor say
Aye. Opposed, No. The Noes seem to have
it. The majority rules.
Any further amendments? Delegate
Chabot?
DELEGATE CHABOT: My amendments
do not seem to have arrived. May I make
one amendment which mechanically simply
involves striking several lines, without hav-
ing to wait for the papers to arrive?
THE CHAIRMAN: Well. if it is not
too complex, we might be able —
DELEGATE CHABOT: You will judge
as I read it. This would amend Rule 48
[52], which is on page 15. One of them
is here.
THE CHAIRMAN: Is this the amend-
ment you have in mind?
DELEGATE CHABOT: Yes, the one we
distributed is that one.
THE CHAIRMAN: The Secretary will
read the amendment.
THE SECRETARY: By Delegate Chabot.
Amendment to Rule 48: On page 15 of
the mimeographed proposed rules, in Rule
48 [52], and at the end of line 15 thereof,
insert a period after the word "question";
in line 16 thereunder strike out the follow-
ing: "or questions in their order down to
and including the main question;"; and in
lines I and 2 at the top of page 16 strike
out the following: "provided, however, that
when the previous question shall be or-
dered, amendments then on the chief clerk's
desk shall be acted upon".
THE CHAIRMAN: Delegate Chabot, you
may proceed.
DELEGATE CHABOT: As I read the
proposed rules, at any time that a matter
is before the Convention, if an amendment
has been made to a proposal, and fortu-
itously or otherwise, the first amendment
that is made strikes the majority of the
Convention as one that ought to be dis-
posed of immediately, the effect of moving
the previous question on that one amend-
ment would be to require the Convention
to thereafter take votes on all the things
that that amendment was attached to, all
the other amendments that were going to
be made to that motion, without any de-
bate on any of those matters.
The purpose of my amendment is to
limit the effect of ordering the previous
question to the matter that was before the
body at the time the previous question
was ordered, so that if the body wishes to
dispose of one amendment or one proposal
immediately, without cutting off debate on
all other amendments that may be pro-
posed, it may do so.
This is intended to stop the rules from
shackling the body.
THE CHAIRMAN: Would it not be
necessarily possible to dispose of certain
ancillary questions to get to the main ques-
tion? Would the Chairman of the Rules
Committee make a comment?
DELEGATE SCANLAN: I think there
is some ambiguity here. As you remember,
I suggested earlier that there might be
proposals that would be proffered for fur-
ther study by the committee members. 1
think this falls in that area. I would also
prefer to refer Delegate Chabot's amend-
ment to the Committee and have it re-
ferred back in September. It is not a matter
that needs to be studied today, but I think
it needs some study.
THE CHAIRMAN: All in favor of the
motion say Aye. Opposed, No. The Ayes
seem to have it.
DELEGATE CHABOT: I have another
one which has been printed, if someone
will come to distribute it.
THE CHAIRMAN: We have enlisted
some volunteer workers and we will please
ask the pages to help us.
THE SECRETARY: Amendment to Rule
24 [25]: On page 8 of the amendments, in
line 6 thereof, add the following: "How-
ever any committee may sit during a ses-
sion of the Committee of the Whole if it
first obtains special permission of the Com-
mittee of the Whole by the affirmative vote
of a majority of those present and voting."


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 22   View pdf image (33K)
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