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I strongly urge everyone to vote against
reconsidering.
THE CHAIRMAN: Are you ready for
the question?
Delegate Anderson.
DELEGATE ANDERSON: Mr. Chair-
man, I arise to oppose the reconsideration
of this amendment.
Let me say this. I feel somewhat under
an obligation to speak. I did not speak
before, but early in this Convention, I did
have a proposal. I presented it to the Com-
mittee. I went before the Committee and
argued in favor if including the word "dam-
ages', and I feel obligated at this point
simply to say that I am opposed to recon-
sideration, as Delegate Dukes said, of this
matter, which was overwhelmingly passed
the other day. Now after several days,
someone comes in with the idea that it is
all wrong and ought to be reconsidered.
I know of a number of amendments that
have been passed that perhaps should be
reconsidered but I say, let us get on with
this matter and not worry about the ques-
tion of damages.
It is a simple proposition. As Delegate
Adkins says, there are twenty-one states
that use this word in their constitution and
I can easily find out what those damages
are and so can any other attorney, so I
oppose the reconsideration of this amend-
ment.
THE CHAIRMAN: Are you ready for
the question?
(Call for the question.)
The Clerk will ring the quorum bell.
The question arises on the motion to re-
consider the vote by which Amendment No.
20 was rejected. If the motion is carried,
Amendment No. 20 will be before you for
such action as you desire. If the motion is
rejected, Amendment No. 20 will remain
rejected.
The Chair will recognize Delegate Bard
to submit the Amendment AR, which has
already been distributed to your desks.
The question now arises on the motion to
reconsider the vote by which Amendment
No. 20 was rejected.
A vote Aye is a vote in favor of recon-
sideration. A vote No. is a vote against.
Cast your votes.
Has every delegate voted ? Does any dele-
gate desire to change his vote?
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(There was no response.)
The Clerk will record the vote.
There being 62 votes in the affirmative
and sixty-two votes in the negative, the
motion for reconsideration is lost.
Delegate Hutchinson.
DELEGATE HUTCHINSON: For some
reason my switch did not work but I vote
no.
THE CHAIRMAN: Delegate Hutchinson
will be recorded as voting no. The tally will
be 62 votes in the affirmative, 63 votes in
the negative. The motion for reconsideration
is lost.
The Chair recognizes Delegate Bard. Do
you desire to submit your Amendment AR?
DELEGATE BARD: Yes, sir.
THE CHAIRMAN: This will be Amend-
ment No. 24.
The Clerk will read the Amendment.
READING CLERK: Amendment No. 24
to Committee Recommendation R & P-1 by
Delegates Bard and Macdonald:
On page 4, section 9, Limitations on State
action, in line 18, after the word "damaged"
add the following words: ", as the latter
term shall be defined by law".
THE CHAIRMAN: The amendment hav-
ing been submitted by Delegate Bard and
seconded by Delegate Macdonald, the Chair
recognizes Delegate Bard to speak to the
amendment.
DELEGATE KIEFER: Mr. Chairman.
THE CHAIRMAN: Delegate Kiefer.
DELEGATE KIEFER: Mr. Chairman, in
an effort to save time, I am beginning to
think it is like the French army maxim,
number 1, "Never obey an order until you
get the change/' This does not do any harm.
We anticipated that such a matter would
have to be implemented by legislation. If
it would make people happier, as far as I
am concerned, we will accept the amend-
ment as submitted.
THE CHAIRMAN: Delegate Bard, in
view of the Statement by the Chairman of
the Committee, do you desire to speak
further ?
DELEGATE BARD: To save time, I have
nothing else to say.
THE CHAIRMAN: Delegate Clagett.
DELEGATE CLAGETT: Will Delegate
Kiefer yield to a question.
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