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As Delegate Dulany says, the legislature
may impose the death penalty for picking
pockets. It is also true that that offense
may be tried in the district court.
Under this amendment, that defense
could be determined by a jury of six people.
There may be reasons why we should depart
from the principle that no man and no
woman shall go to jail or be fined unless
twelve fellow citizens agree that they are
guilty of a crime against society.
If there are reasons, I have not heard
them in this Committee. I suggest that we
not so lightly depart from what everybody
has always understood as an essential free-
dom.
I ask each of you whether you would be
willing to stand trial before six rather than
twelve for an offense no matter how slight
it may be, regardless of whether it sen-
tences you to prison for one year or ten
years, an offense which takes away your
freedom and your liberty and which brands
you forever as a person convicted of a crime.
I urge you to reject this amendment.
THE CHAIRMAN: Are you ready for
the question?
(Call for the question.)
The question arises on the adoption of
Amendment No. 14 as modified. A vote Aye
is a vote for the Amendment; a vote No is
a vote against.
Cast your votes. Has every delegate
voted? Does any delegate desire to change
his vote?
(There was no response.)
The Clerk will record the vote.
There being 55 votes in the affirmative
and 72 in the negative, the motion is lost
and the amendment is rejected.
The Chair recognizes Delegate Powers.
DELEGATE POWERS: Mr. Chairman, I
move that the Committee of the Whole rise
and report that it has not completed con-
sideration of Committee Recommendation
R&P-1.
THE CHAIRMAN: Is there a second?
(The motion was seconded.)
THE CHAIRMAN: All in favor signify
by saying Aye; contrary, No. The Ayes
have it. It is so ordered.
The Convention will please come to order.
(Whereupon, at 1 :25 P.M., the Committee
of the Whole rose, and the Convention re-
convened.)
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(The mace was replaced by the Sergeant-
at-Arms.)
PLENARY SESSION
DECEMBER 12, 1967—1:25 P.M.
PRESIDENT H. VERNON ENEY,
PRESIDING
THE PRESIDENT: The Convention will
please come to order.
The Chair has an important announce-
ment to make. On behalf of the Committee
of the Whole, the Chair reports the Com-
mittee has had under consideration Com-
mittee Recommendation R&P-1 and it still
has it under consideration and desires leave
to sit again.
As I indicated shortly after the Con-
vention convened this morning, I will ad-
vise you at this time as to the policy that
the Chair intends to follow in connection
with second readers before the Convention.
Rule 4 of the Convention provides that
the presiding officer shall fairly assign
floor rights. In an effort to do this the
Chair will folldw this procedure. Prior
recognition will be given to persons sub-
mitting amendments which have been sub-
mitted in writing at least three hours in
advance of the beginning of the session at
which the second reading of the recom-
mendation is scheduled.
Prior recognition will be given to amend-
ments sponsored by at least fifteen dele-
gates.
After action on all amendments given
prior recognition, a delegate will be recog-
nized to move the previous question.
The purpose of this is to enable the Con-
vention to determine whether it desires to
consider amendments other than those
which have been submitted in writing suf-
ficiently in advance so that everyone can
see them, and whether it desires to con-
sider amendments other than those which
have been sponsored by a sufficient number
of delegates.
If the motion for the previous question
is not carried, we would, of course, con-
tinue to receive any other amendments as
they were offered.
Under the Convention rules there is no
limitation on debate other than the 15-
minute limitation on each speech.
Quite obviously if the debate on second
readers is very extended, the work of the
entire Convention could be slowed very ma-
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