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DELEGATE SCANLAN: Reluctantly
the sponsors of the original Scanlan amend-
ment have parted their ways and we now
have the Moser amendment which, if it
prevails, will fill the void that I had re-
moved in the amendment that passed this
house over three and a half hours ago.
I thought by offering that amendment to
strike we could cut down some of the de-
bate, but debate was repeated. We now
have an amendment that does precisely
what the Court of Appeals and the legis-
lature could do if nothing were in the Con-
stitution. It gives some solace to people to
put something in the Constitution.
THE CHAIRMAN: The question is not
now arising on the adoption of this amend-
ment, but merely on the substitution of
Amendment 13-C for 13-B. If it is substi-
tuted, the Chair will then submit the ques-
tion of whether it should be adopted.
DELEGATE SCANLAN: There are so
many substitutions, I thought some of the
delegates would have lost track of the
actual parliamentary situation. I know I
have.
THE CHAIRMAN: Delegate Johnson.
DELEGATE JOHNSON: Mr. Chairman
and ladies and gentlemen, I rise to oppose
the substitute amendment to the amend-
ment. I think that Delegate Scanlan has
put his finger on just exactly what prob-
lems we will face if we adopt Delegate
Moser's amendment to his own amendment,
which we just adopted.
You will recall that the Kiefer and
Willoner amendment was a rather broad
and general right of removal. Delegate
Moser's amendment, 13-B, curtails that
right somewhat and was a compromise, and
then was adopted by this body, and I think
rightfully so.
Now, the Amendment 13-B further cur-
tails the right of removal so that it could
create in effect absolutely no right of re-
moval at all. When I say that I mean
absolutely no right of removal for all prac-
tical purposes. It naturally follows that if
we adopt 13-B, Delegate Scanlan is going
to have one heck of an argument to get up
and say, I move that we eliminate 13-B be-
cause that is exactly what the legislature
and the courts could do if we did not
have it in the first place. Because I am
right, because this body has said that we
shall have a right of removal in our Con-
stitution, and because of what Delegate
Henderson has said, I submit that this does
not curtail the right of the legislature and
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the right of the court to regulate this right
of removal.
I urge that we defeat this substitute
amendment that is before us and then
adopt by affirmative action the amendment
we have previously approved before the
luncheon break.
THE CHAIRMAN: Is there any fur-
ther discussion on the question before you
which is the adoption of Amendment No.
13-C as a substitute for Amendment 13 or
13-B.
Are you ready for the question?
(Call for the question.)
The Clerk will ring the quorum bell.
The question arises on the adoption of
Amendment No. 13-C as a substitute for
Amendment No. 13 to Committee Recom-
mendation R&P-2 as amended by Amend-
ment No. 13-B. This is not a vote on the
adoption of Amendment 13-C, but only on
the question of substitution. After that,
the principal question will be submitted to
you. A vote now is a vote on the adoption
of Amendment No. 13-C as a substitute for
13-B. A vote Aye is a vote in favor of the
amendment. That is a vote in favor of the
substitution. A vote No is a vote against
the substitution.
Cast your votes.
Have all delegates voted? Does any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 77 votes in the affirmative
and 50 in the negative, the motion carries.
Amendment No. 13-C is now substituted
for Amendment No. 13 as amended by
Amendment No. 13-B.
The question now arises on the adoption
of Amendment No. 13 as amended by
Amendment No. 13-C to Committe^ Recom-
mendation R&P-2. Are you ready for the
question?
(Call for the question.)
The vote now is on the adoption of the
language as in new section 8, which ap-
pears in Amendment No. 13-C. A vote
Aye is a vote in favor of Amendment No.
13 as amended by Amendment No. 13-C. 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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