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(There was no response.)
The Clerk will record the vote.
There being 49 votes in the affirmative
and GO in the negative, the motion is lost.
The amendment is rejected.
Is there any objection to considering the
amendment of section 11 not yet printed,
with the understanding that it will be avail-
able very shortly as proposed by Delegate
Carson?
The amendment would strike the word
"presentment" in line 46 the words "in the
land or naval forces or" in lines 47 and
48 and change the word "when" to the
word "while" in line 48. Strike, in line 49,
the words "in time of war or public
danger".
Is there any objection.
Delegate Kiefer.
DELEGATE KIEFER: Mr. Chairman,
I do not believe there is any objection as
far as the committee is concerned. The lan-
guage does not do anything.
THE CHAIRMAN: Just a second.
This is just an objection to considering.
Is there any objection to considering?
DELEGATE KIEFER: No.
THE CHAIRMAN: Delegate Sherbow?
(There was no response.)
THE CHAIRMAN: Delegate Marvin
Smith.
DELEGATE M. SMITH: May I suggest
to you, Mr. Chairman, that you read that
the way it will be?
THE CHAIRMAN: Yes, I will.
If the amendment is adopted, the section
would read as follows :
"No person shall be held to answer for
a capital or otherwise infamous crime un-
less on indictment of a grand jury, except
in cases arising in the militia while in
actual service."
Is there any objection to considering the
amendment?
The Chair hears none.
The amendment is proposed by Delegate
Carson. It will be Amendment No. 18.
Is it seconded?
DELEGATE BENNETT: I second.
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THE CHAIRMAN: The amendment hav-
ing been seconded the Chair recognizes
Delegate Carson to speak to the Amendment.
DELEGATE CARSON: Mr. Chairman,
this was merely a clarifying amendment.
I do not think any change in substance
has been made.
The words "presentment or" are unneces-
sary. They mean the same as indictment.
Taking out the words "the land or naval
forces" certainly does not affect anything.
The only possible military trials in this
State would arise in the militia when it was
in actual service, and these are the only
changes made.
I think there is no change of substance,
however.
The Chairman of the Committee, Mr.
Kiefer, has indicated that he has no ob-
jection to these amendments. I think no
further explanation is necessary.
THE CHAIRMAN: Delegate Weide-
meyer.
DELEGATE WEIDEMEYER: I have
no objection to them, Mr. Chairman. I think
they are clarifying.
THE CHAIRMAN: Is there any further
discussion?
Delegate Marion.
DELEGATE MARION: Mr. Chairman,
I wonder if I could offer an amendment to
the amendment.
THE CHAIRMAN: Can you make it as
a suggestion to Delegate Carson and see
if he would accept it?
DELEGATE MARION: I just made it
privately, and I do not think he is willing
to accept it.
THE CHAIRMAN: What is the amend-
ment?
DELEGATE MARION: It would be to
strike the word "capital or otherwise in-
famous crime" and substitute in lieu there-
of the word "felony."
THE CHAIRMAN: Is there any objec-
tion to considering the amendment to the
amendment in the absence of its having
been printed?
The Chair suggests that it is one that
can be readily understood.
Delegate Carson, do you object?
DELEGATE CARSON: I do not object.
Upon reconsideration, I understand that
Chairman Kiefer will agree with this, and
we will accept the amendment.
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