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ture should do something. That is what
twenty-six states have done.
Secondly, it has been taken care of by
legislative action in other states. Thirdly,
in some states, Arizona is an example, the
courts have taken the bull by the horns,
saw the theory is no longer valid and they
have overruled it.
I think the Committee was perhaps a
little overexuberant, that is why I am
proposing an amendment. What we are
saying is that this concept belongs in the
constitution and I hope you will put it in
the constitution.
THE CHAIRMAN : Delegate Bennett, do
you desire to speak in favor of the amend-
ment?
DELEGATE BENNETT: Yes sir, Mr.
Chairman, in favor of the amendment.
THE CHAIRMAN: You may proceed.
DELEGATE BENNETT: This is merely
for the purpose of stating an answer to
Delegate Hanson's remarks that the State
in its political subdivisions might have
some time to prepare and not allow a lot of
suits to accumulate during this period.
Assuming that Delegate Scanlan's amend-
ment is rejected and the Kiefer amendment
is approved, I intend with the indulgence
of the Chair to offer an amendment in the
first few words reading as follows: "In
causes of action arising after July 1, 1972,
the doctrine of sovereign immunity", and
so on. That is a specific transitional pro-
vision.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition?
Delegate Churchill Murray.
DELEGATE E. C. MURRAY: Mr.
Chairman and fellow delegates, I have lived
with this for a great many years. How-
ever, all that I want to say to you at this
point is that in considering your vote, you
might, if you please, consider that with
whatever evils this may bring and it is
apt to bring some evils, some misrepre-
sentation and that sort of thing, but
basically if you do away with your sove-
reign immunity you spread the misfortunes
of those who are injured amongst a great
many. In this case it will be spread among
about three million people, instead of it re-
maining centered in the unfortunate per-
son who is injured. There is a basic prin-
ciple here as to spreading the loss.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment?
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Delegate Grant.
DELEGATE GRANT: Point of parlia-
mentary inquiry, Mr. Chairman.
THE CHAIRMAN: State the inquiry.
DELEGATE GRANT: In the event that
Delegate Scanlan's amendment is approved,
will Delegate Kiefer's amendment still be
in order?
THE CHAIRMAN: It will not. If Dele-
gate Scanlan's Amendment No. 9 is ap-
proved, the section will be deleted com-
pletely.
It would be possible, of course, for Dele-
gate Kiefer to — . Just a second, your
amendment is an entire substitution for the
section. The Chair is in error.
The amendment would be in order. It
would be necessary to rephrase somewhat
the preliminary language. This could be
done.
Delegate Scanlan.
DELEGATE SCANLAN: I have cau-
tioned myself not to speak twice even on
my own motions, but I do feel I Avould like
briefly to make two comments.
Chairman Kiefer stoutly proclaims that
the committee went into this at great
length and considerable data was as-
sembled. I direct the attention of the as-
sembly to the two platitudinous paragraphs
found on page 3 which purports to explain
their conclusion and their recommendation.
There is not a fact, there is not a sta-
tistic, and there is not a piece of informa-
tion upon which any intelligent delegate
could base a decision. But even there they
conclude where I come out, that it is the
role of the legislature to determine to what
extent and in what manner the govern-
ment shall be immunized.
If they believe that they should never
advance the proposition set forth in sec-
tion 7. Secondly, I beg of the assembly to
remember that we are sitting as a Con-
stitutional Convention, not a state legisla-
ture. Yesterday we tried to write a little
Wagner Act on this floor. Now they want
us to write a little tort claims act and in a
few minutes you will be asked to write a
full employment act.
We are a Constitutional Convention, not
a legislature. We have a legislature. I beg
you to start acting like a Convention and
stop acting like a legislature.
We will not only have a better Consti-
tution, but you might get out of here by
New Year's.
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