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There are no further amendments to sec-
tion 12.
The next section is section 13.
Delegate Scanlan, do you desire to offer
your amendment?
DELEGATE SCANLAN: Yes, I do.
THE CHAIRMAN: The pages will
please distribute Amendment U.
This will be Amendment 20. The Clerk
will read the amendment.
READING CLERK: Amendment No. 20
to Committee Recommendation R&P-2, by
Delegate Scanlan:
"On page 4, section 13, Imprisonment for
Debt strike out all of lines 10 through 19,
inclusive.
THE CHAIRMAN: The amendment is
submitted by Delegate Scanlan. Is there a
second?
Delegate Bennett. Second.
THE CHAIRMAN: The amendment is
seconded by Delegate Bennett.
The Chair recognizes Delegate Scanlan
to speak to the amendment.
DELEGATE SCANLAN: I would like to
yield to the Chairman of the Committee,
who has a statement to make with respect
to the amendment.
THE CHAIRMAN: Delegate Kiefer.
DELEGATE KIEFER: Mr. Chairman,
I do not know that there is strictly a con-
flict here, but there is a serious problem
with respect to the technical language of
this section. It is taken verbatim from
the present Constitution, and there is some
question as to what needs to be done to
retain the effects of it without cluttering
up the constitution.
I would just like to read very briefly
from a letter from John W. Ester, Pro-
fessor of Law, University of Maryland,
who at our special request considered this.
He said: "Based on a long line of
Maryland cases with which I am sure
you are familiar, the Court of Appeals
has taken the position that in the ab-
sence of legislation so providing, a man
cannot be imprisoned for failure to com-
ply with a court decree for alimony or
child support. Therefore, it is desirable
to continue this method of enforcing
such decrees; and most attorneys feel
that it is and would be necessary to have
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a statute or constitutional provision to
that effect.
"However, I see absolutely no reason
for this topic to be covered in the new
constitution if it can be covered by legis-
lation, thereby avoiding the unnecessary
cluttering of the constitution.
"I would suggest, sir, this could be
handled by transitory provisions and
would adequately protect the present
situation; and that we hold anything on
this on the basis that it is properly and
can be properly covered in the transitory
section."
THE CHAIRMAN: I am lost. Hold
what?
DELEGATE KIEFER: This section.
I think we would be willing to delete it
if the protections afforded in it can be
adequately covered in a transitory pro-
vision.
THE CHAIRMAN: We cannot conclude
consideration of R&P-2 by holding the
amendment. Can we not act on the amend-
ment, and if it is deleted, you can still
take care of the situation in the transi-
tional provision schedule?
DELEGATE KIEFER: I think we can
do that, if we can be assured that we can
cover it in the transitory provisions, yes.
THE CHAIRMAN: I would assume if
you run into a situation where you feel
you cannot, that your committee could make
a supplemental report of the new commit-
tee recommendation. I am sure the Con-
vention would allow you to file it, even
though it is after Amendment No. 17.
DELEGATE KIEFER: On that basis,
we will not object to the amendment.
THE CHAIRMAN: Is it necessary to
discuss the amendment?
DELEGATE SCANLAN: I am happy to
see the white flag. I will not press the
amendment.
THE CHAIRMAN: Delegate Macdonald.
DELEGATE MACDONALD: I would
like to ask the sponsor of the amendment
a question.
THE CHAIRMAN : Delegate Scanlan, do
you yield to a question?
DELEGATE SCANLAN: I do.
THE CHAIRMAN: Delegate Macdonald.
DELEGATE MACDONALD: Delegate
Scanlan, was it true that it was necessary
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