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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2246   View pdf image (33K)
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2246 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 12]

(The roll was called.)

THE PRESIDENT: The Chair recog-
nizes Delegate Powers.

DELEGATE POWERS: Mr. Chairman,
I move that we recess until 3:15.

THE PRESIDENT: All in favor signify
by saying Aye; contrary, No. The Ayes
have it and it is so ordered.

The hour is 3:15.

(Whereupon, at 1 :45 P.M. the Convention
was recessed, to reconvene at 3:15 P.M., of
the same day.)

PLENARY SESSION
DECEMBER 12, 1967—3:15 P.M.
PRESIDENT H. VERNON ENEY,

PRESIDING

THE PRESIDENT: The Sergeant-at-
Arms will clear the aisles and close the
doors.

The Convention will please come to order.
Roll call.
(Whereupon, the roll was called.)

THE PRESIDENT: Has every delegate
answered roll call?

Delegate Carson, do you desire to an-
swer roll call?

Has every delegate answered roll call?
The Clerk will record the roll call. Reports
of committees? Committee of the Whole
Report No. 16.

The Clerk will read the report.

READING CLERK: Report of the Com-
mittee of the Whole No. 16. This report
covers matters in General Order No. 25,
Committee Recommendation No. S&E-2: A
Report on Committee Recommendation
S&E-2 (Eligible Voters in Federal, State
and County Elections; Eligible Voters in
Municipal Elections; Eligible Voters in
Presidential Elections; Voters in United
States Enclaves; Disqualification; Uniform
Conduct of Elections; General Elections;
Pluralities; No Property Test for Public
Office).

THE PRESIDENT: The report has
heretofore been referred to the Committee
on Style, Drafting and Arrangement.

Committee Report No. 17. The Clerk will
read the report.

READING CLERK: Report of the Com-
mittee of the Whole No. 17. This report

covers matters in General Order No. 26,
Committee Recommendation No. EB-2: A
Report on Committee Recommendation EB-
2 (Attorney General, Powers and Duties
of the Attorney General).

The Committee of the Whole has con-
sidered Committee Recommendation No.
EB-2 and has approved it with amend-
ments as indicated in the attachment to
this report.

THE PRESIDENT: The report has
heretofore been referred to the Committee
on Style, Drafting and Arrangement.

You will recall that final action was
not taken by the Convention with respect
to Committee Report EB-1. Because of a
parliamentary inquiry put to the Chair by
Delegate Wheatley the Chair was unable
to respond at that time. The Chair will
give the answer now to the question posed
by Delegate Wheatley. He asked whether
the action of the Convention in adopting
the report of the Committee of the Whole,
Committee Report EB-1, would prevent the
Convention from considering on second
reader of committee recommendations, an
amendment which would be contrary to, or
in contravention of, one of the provisions
of the committee report.

For instance, the Committee Report pro-
vides that the constitution shall not pro-
vide for a treasurer. If this is approved by
the Convention, does it thereby prevent the
Convention in considering on second reader
the Committee Recommendation EB-1 from
considering an amendment providing for a
treasurer.

The Chair's answer is that under the
Rules of the Convention it would prohibit
such an amendment. However, under the
Rules of the Convention any matter de-
cided by the Convention can be reconsidered
at any time. Accordingly if it was desired
to submit an amendment to a committee
recommendation, this would be contrary to
some action taken by the Convention on
the committee report and the proper pro-
cedure would be first to move for recon-
sideration of the vote by which the com-
mittee report was adopted.

The Chair calls your attention to the
provisions of the rule with respect to re-
consideration, Rule 54, page 29 of the
printed booklet sets out in detail the cir-
cumstances under which any matter or
questions may be reconsidered at any time
before the Convention adjourns sine die.

The Chair will request the Chairman of
the Committee on Calendar and Agenda to



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2246   View pdf image (33K)
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