|
THE CHAIRMAN: Delegate Carson.
DELEGATE CARSON: Mr. Chairman,
Delegate Hardwicke and I have one, which
was placed into the printing room I believe
ahead of the other one and their estimate
of time is about 15 minutes.
THE CHAIRMAN: Are there any other
amendments?
Delegate Scanlan.
DELEGATE SCANLAN: Could I ask
Delegate Carson just the import of his
amendment? Is it possible, if it was a
short one, that we could suspend the rules
and vote on it before it reaches us?
THE CHAIRMAN: Delegate Carson, can
you state what the amendment is?
DELEGATE CARSON: I think so, Dele-
gate Scanlan. Our amendment will have
the effect of taking out the words on line
46, "presentment or", because we believe
they are unnecessary, and substituting for
lines 47, 48 and 49 the words, "except in
cases arising in the militia while in actual
service".
That would make that latter language
the same as GP-4 with regard to the mili-
tia.
THE CHAIRMAN: Delegate Carson,
I am sorry the Chair does not follow the
amendment.
Will you give it to me again?
You would strike what in line 46?
DELEGATE CARSON: In line 46, strike
the words "presentment or". Then, in line
47 through 49, strike all the language on
those lines and add this language: "except
in cases arising in the militia while in
actual service."
THE CHAIRMAN: While and not when?
DELEGATE CARSON: Yes, sir. The
"while" was used by the Committee on
Style and is the same as GP-3 or 4, what-
ever it is, with regard to militia.
THE CHAIRMAN: For what purpose
does Delegate Kiefer rise?
DELEGATE KIEFER: Mr. Chairman,
we had in mind a similar amendment. The
language may be slightly different. Let me
give it to you.
It is a matter of styling. This was pre-
pared prior to the provisions of the Gen--
eral Provisions Committee on this subject
but crossing out the three lines, 47, 48, 49
|
and saying "except for a member of the
militia for offenses committed while in ac-
tual service."
This follows, I believe.
THE CHAIRMAN: I think you can use
the language of Delegate Carson with less
change here.
For what purpose does Delegate Hender-
son rise?
DELEGATE HENDERSON: Mr. Chair-
man, I had a very simple amendment along
with several other delegates to strike out
this section as proposed. I would like to
have consideration of that.
One reason I am not prepared sooner is
that I am disturbed at adopting language
right out of the federal Constitution and
putting an entirely novel concept into our
Constitution, something that was not there
at all.
The present Constitution speaks of an
indictment or charge, which is a very dif-
ferent thing.
This requires the grand jury action in
every case, and many of the cases as we
know are now tried on information. There-
fore, I would like to have my amendment
considered sometime, or maybe first, if
possible.
THE CHAIRMAN: Very well, just a
moment.
Delegate Carson, would you take the
copy of R&P-2, section 11 and follow the
Chair and let me understand whether this
would be your amendment?
In line 46 strike the words "presentment
or" and in line 47, strike the words "in the
land or naval". In line 48, strike the words
"forces or" and change the word "when"
to "while." In line 49, strike "in time of
war or public danger."
DELEGATE CARSON: That is correct,
Mr. Chairman. That is our amendment.
THE CHAIRMAN: Delegate Byrnes,
what is the import of your amendment?
DELEGATE BYRNES: That is why I
arose, sir.
On line 45, we would strike out, "capital
or otherwise infamous crime," and substi-
tute in lieu thereof, "felony," and we would
delete all of lines 47, 48, and 49 and substi-
tute nothing for it.
THE CHAIRMAN: The Chair thinks
that the better procedure to follow and the
|
