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Are you ready for the question ?
DELEGATE HARDWICKE: Mr. Chair-
man.
THE CHAIRMAN: Delegate Hardwicke.
DELEGATE HARDWICKE: Mr. Chair-
man, I would have to disagree with the
Chair on that particular instruction, be-
cause it seems to me that that is a sub-
stantive change.
You say in line 15 and 16 that the ac-
cused shall be entitled to release pending
trial, and if you are going to construe the
terms under which he shall be held respon-
sible to appear at the trial —
THE CHAIRMAN: If there is the slight-
est question about the matter of interpreta-
tion, I think it should be taken care of by
amendment. Therefore we will disregard the
instruction to the Committee on Style and
suggest if the amendment now before you
is defeated, that the proper amendment be
submitted to make the clarifying chang-e.
THE 'CH AIRMAN: Delegate Schneider.
DELEGATE SCHNEIDER: Mr. Chair-
man, I am a bit confused by this. I would
like to ask the Chairman of the Committee
a question.
THE CHAIRMAN: The time for debate
has expired. State your question, and maybe
we can dispose of it.
DELEGATE SCHNEIDER: This talks
about release and guarantees the accused
release providing he meet such require-
ments as necessary to secure his appear-
ance before the court.
Now, how can one of the requirements be
that he be incarcerated?
THE CHAIRMAN: This will arise on the
subsequent amendment.
DELEGATE SCHNEIDER: You cannot
be released and incarcerated at the same
time.
THE CHAIRMAN: The time for debate
has expired. The Chair has told the Com-
mittee on Style to disregard the comment
that the intent on this section is that "other
terms" includes incarceration.
This will be the subject of another amend-
ment which will be debated fully.
Are you ready for the question?
(Call for the question.)
The question arises on the adoption of
Amendment No. 12. A vote Aye is a vote in
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favor of the amendment; a vote No is a
vote against.
The Clerk will ring the quorum bell.
Has every delegate voted? Does any dele-
gate desire to change his vote ?
(There was no response.)
The Clerk will record the vote.
There being 73 votes in the affirmative
and 51 in the negative, the motion is car-
ried and the amendment is adopted.
Delegate Bamberger, your amendment
AB, I assume is no longer before us ?
Delegate Grant, I take it you do not any
longer desire to have your amendment AJ ?
DELEGATE GRANT: A point of parlia-
mentary inquiry, Mr. Chairman.
Would it be possible to change that
amendment to reinstate the section which
was just deleted but adding those words
to it?
THE CHAIRMAN: No, you could move
for reconsideration and indicate your inten-
tion that you would intend to offer this as
an amendment to the amendment or sub-
stitute for the amendment.
DELEGATE GRANT: In view of that,
then, I think I would proceed with the ques-
tion of reconsideration and state the reason.
THE CHAIRMAN: Do you want to do
that now or later?
DELEGATE GRANT.: I would like to do
it now and dispose of it while it is still
fresh in the mind of ,the Committee of the
Whole.
I would like to have the Amendment AJ
distributed prior to that.
THE CHAIRMAN: Delegate Clagett.
DELEGATE CLAGETT: Mr. Chairman,
this is an inquiry. I do not know whether
it is a parliamentary one.
I would like to have the Chair clarify if
one can, how "one shall be released" can
be amended to be "shall be retained"? In
other words, as I understand the Chair's
reference to the Committee on Style —
THE CHAIRMAN: That was stricken.
After Delegate Hardwicke's comment, the
Chair instructed the Committee on Style to
disregard what the Chair had said and in-
dicated that the question would arise on
an amendment to be submitted if the pend-
ing amendment was lost.
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