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ests of the entire State and all subdivisions
within the State rather than to put it back
in the area of local legislation where it
will vary from county to county and from
city to city and other governmental sub-
divisions individually.
DELEGATE J. CLARK (presiding):
Delegate Moser.
DELEGATE MOSER: Mr. Chairman, I
can see that we may be getting into a parlia-
mentary morass by what I am about to sug-
gest, but let me suggest it anyway.
I would like to ask the mover of the
amendment to the amendment if he would
accept an amendment to the amendment to
the amendment which would provide "by the
General Assembly" with respect to counties,
but "by law or otherwise" with respect to
municipalities.
I can think of no other way to eliminate
some of these smaller municipalities than
to pass this without a provision to permit
the General Assembly to bury a law with
respect to municipalities. I had no feeling
that there would be a problem with respect
to counties.
DELEGATE J. CLARK (presiding) :
The Chair rules Delegate Clagett could
modify his amendment to the amendment by
unanimous consent. Otherwise we could not
consider your amendment.
DELEGATE CLAGETT: Mr. Chairman,
I could not accept that amendment. I find
no difference between a tort action where
someone has fallen into a hole in Baltimore
City and breaks his or her back from the
same individual falling into a hole in Leon-
ardtown and breaking his or her back. I do
not feel that there ought to be any variation
insofar as the municipalities are concerned.
DELEGATE J. CLARK (presiding):
Very well.
DELEGATE HANSON: I suggest we are
fast approaching, if we have not exceeded
or gone past, the nadir of debate on this
subject. We are piling the uncertain on top
of the unnecessary in an amendment we
are probably going to defeat anyway. It
seems to me that we ought to vote.
(Applause.)
DELEGATE J. CLARK (presiding):
Delegate Dulany.
DELEGATE DULANY: I was going to
make the same point.
DELEGATE J. CLARK (presiding):
The question arises on the amendment to
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the amendment which is Delegate Clagett's
amendment which we will call 10-A and it
adds the words "by public general laws" at
the end of the sentence in Amendment No.
10 to Committee Recommendation R&P-2
which is Delegate Kiefer's amendment.
Are you ready for the question ?
(Call for the question.)
A vote Aye is a vote in favor of the
amendment to Amendment No. 10. A vote
No is a vote against.
Cast your votes.
Has every delegate voted? Does any dele-
gate desire to change his vote?
(There was no response.)
If not, the Clerk will take the roll.
There being 54 votes in the affirmative
and 52 in the negative, the motion carries.
The amendment is adopted.
The question now arises on Amendment
No. 10 as amended. Is there any discussion ?
(Call for the question.)
DELEGATE J. CLARK (presiding):
Delegate Chabot.
DELEGATE CHABOT.: Mr. Chairman, I
will be very brief. I just wanted to point
out that the constitutional purists have
said keep things out of the constitution and
now they are saying put it in because in
this case they happen to want it.
We have been told we should not waste
all this time on the matter, but I suggest
that these several hours of debate have re-
sulted only because Amendment No. 9 was
offered even though we had some perfectly
good language reported by the Committee.
I suggest we support the Committee and
vote down the amendment.
DELEGATE J. CLARK (presiding):
Delegate Dukes, do you wish the floor?
DELEGATE DUKES: Just a moment,
but I must tell you this. I decided before I
came down that I thought I would stay in
one area in which a contribution could be
made. I filed a thirty-five page memoranda
in which I traced the common law and took
four states that abolished it. I think they
had the information. I suggest to you again
to watch whom you heard from.
I suggested earlier that it would be well
to observe those who speak for and against
the amendment. Before us first you heard
from big city lawyer Scanlan from Wash-
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