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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2414   View pdf image (33K)
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2414 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 14]

Chair to be once this Convention moved to
delete something from the Constitution it is
no longer subject to amendment. How is
this now open to further amendment ?

DELEGATE J. CLARK (presiding):
Well, sir, that would seem logical, but the
Parliamentarian advises me that another
section on the same subject can be offered.

DELEGATE ADKINS: May I then not
ask the Parliamentarian if this is incon-
sistent with prior rulings which the Parlia-
mentarian has made before this Conven-
tion?

DELEGATE J. CLARK (presiding):
Pardon me, I did not get the last part of
your question.

DELEGATE ADKINS: I say, would the
Chair direct to the Parliamentarian a ques-
tion as to whether or not this is not incon-
sistent with prior rules made by the Chair
in prior rulings before this Convention.

DELEGATE J. CLARK (presiding):
The Parliamentarian asks me to refer to
page 38 of ROBERT'S RULES OF ORDER. This
is not inconsistent to what we have done
before and a new amendment can be offered
and this is not the first time it has been
done here.

T,he Chair recognizes Delegate Moser.

DELEGATE MOSER: Mr. Chairman, an-
other point of parliamentary inquiry.

DELEGATE J. CLARK (presiding):
Delegate Moser.

DELEGATE MOSER: I stated before I
do not care to offer amendment X, but I am
somewhat in the same position as Delegate
Macdonald is. If one of these other amend-
ments is adopted, then I would like to be in
a position to offer amendment X to what-
ever amendment happens to be adopted.

I am perfectly happy to keep things
exactly as they are, but I would not be if
the Convention adopts this amendment be-
fore us now. I would be happy to come
either before Delegate Macdonald or after
Delegate Macdonald, but I do not know
quite how to do it.

DELEGATE J. CLARK (presiding):
Delegate Henderson.

DELEGATE HENDERSON: Mr. Chair-
man, I would suggest as a matter of parlia-
mentary observation that the proposed
amendment now restores the very thing
which we voted down in the Scanlan amend-
ment. We voted to eliminate something, and
this amendment, without any change what-

soever except for the addition of clarifying
language which was really proposed before
the vote, undertakes, in other words, to
reverse without reconsideration a determi-
nation which we have just made in adopting
the Scanlan amendment. I suggest that is
out of order.

DELEGATE J. CLARK (presiding):
Delegate James.

DELEGATE JAMES: Mr. Chairman, I
am very strongly in favor of keeping this
out of the constitution. However, I do feel
that Delegate Willoner will agree that he
had priority. I think in a sense by doing
this we owe him a courtesy by taking a
vote on his amendment no matter how op-
posed I am to the proposition. I think this
is only the fair thing to do.

DELEGATE J. CLARK (presiding):
The Chair rules that there is a substantive
difference in this paragraph from the one
that we deleted.

Delegate Weidemeyer.

DELEGATE WEIDEMEYER: Mr. Presi-
dent, may we pass over this matter and
revert to the section a little later on inas-
much as the Scanlan amendment struck the
existing paragraph and any attempts to
amend what has been stricken might be out
of order. Therefore I have prepared an
amendment which offers an entirely new
section similar to this section stricken but
with some different wording, and I would
like to have the opportunity of presenting
that at the proper time and ask that we
pass over this and go on to another matter
and then revert to it.

DELEGATE J. CLARK (presiding):
Delegate Scanlan.

DELEGATE SCANLAN: I suggest a way
out of the apparent parliamentary dilemma.
There is no question that Delegate Willoner
withdrew his amendment on the assump-
tion he would be able to introduce it and I
agree with Senator James on this.

We have debated this subject at con-
siderable length and most facets were ar-
gued. I would not want to debate that again.
If those who wanted to hear more debate
would vote for reconsideration and those
who were satisfied that a just conclusion
had been arrived at would vote against
reconsideration we could rise or fall as a
test of the sense of the house on whether
we want to proceed further. I guess I can
move to reconsider my own amendment.

DELEGATE J. CLARK (presiding):
I think that the proper way would be to



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2414   View pdf image (33K)
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