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held. I would say anyone here, whether
you are for or against the right to know,
should vote against 24-A.
So I would urge you vote against the
Yokum Amendment 24-A.
THE CHAIRMAN: Does anyone else
desire to speak in favor of the amendment?
Delegate Marvin Smith.
DELEGATE M. SMITH: It is with ex-
treme reluctance that I rise to oppose Dele-
gate Willoner, for whom I have acquired
great affection in the last few months.
This is the most dangerous amendment
that has come to the floor of the Conven-
tion. This is a shotgun approach. It says
all records shall be open to the people ex-
cept as may be prescribed by law. It places
on the General Assembly the responsibility
of carefully combing, and no matter how
carefully it may comb, it will miss some-
thing and then that something will be
opened to public inspection.
I understand the word "record" has been
defined. I submit to you it will be defined
and redefined more, and in the process of
redefinition, yet other problems will arise.
Let me point out to you, Mr. Chairman,
that even the proposal submitted here in
support of Amendment No. 24 fails to
mention the executive branch. It fails to
say that my income tax information shall
not be available to the public, as one quick
example.
I shall support 24-A as a substitute for
24. I am in favor of the right to know.
I do not believe it belongs in the constitu-
tion at all. But I submit to you that 24
is a dangerous proposition.
THE CHAIRMAN: Delegate Kirkland.
DELEGATE KIRKLAND: Mr. Chair-
man, with the trend toward centralization,
and the increasingly smaller involvement
of people in government, I see a need for
Amendment 24 or 24-A. If there is any
danger, the danger is in that the people
might find out what is going on in
government.
I think this is a right, so I oppose 24-A.
THE CHAIRMAN: The Chair will rec-
ognize one more speaker, Delegate Marion.
DELEGATE MARION: Mr. Chairman,
I too believe in the right to know, but as
Judge Sherbow so eloquently said yester-
day when he opposed the amendment to
strike, they may zig when they intend
to zag.
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It seems to me as a practical matter
they have put the shoe on the wrong foot.
It seems to me Amendment No. 24 will
require the legislature to act by law to
deny the right to know in certain instances.
It will put the legislature under intense
pressure because what they will have to do
is to act affirmatively to deny the right to
know in certain instances.
I do not think that kind of pressure ought
to be put on the legislature. I think the
proper thing to do is to expect the legisla-
ture to act affirmatively to grant the right
to know in those instances where it is
proper.
I urge you to support Amendment No.
24-A.
THE CHAIRMAN: The time for debate
having expired, the question will first arise
on the adoption of Amendment No. 24-A as
a substitute for Amendment No. 24.
The Chair will then thereafter submit to
you either Amendment 24, or Amendment
24-A, if it has been substituted for 24, for
final action.
In either event, there will be two votes.
The Clerk will ring the quorum bell.
TJie question arises upon the adoption of
Amendment No. 24-A as a substitute for
Amendment 24 to Committee Recommenda-
tion R&P-2. You are now voting only on the
substitution.
A vote Aye is a vote in favor of substitut-
ing 24-A for 24. A vote No is a vote against
the substitution.
Cast your votes. Has every delegate
voted ? Does any delegate desire to change
his vote?
(There was no response.)
The Clerk will record the vote.
There being 56 votes in the affirmative,
and 61 in the negative, the motion is lost.
Amendment No. 24-A is rejected.
The question now arises upon the adop-
tion of Amendment No. 24.
For what purpose does Delegate Storm
rise ?
DELEGATE STORM: Mr. Chairman, I
ask unanimous consent to suggest that
Amendment 24-B read as follows:
"All public records shall be open for in-
spection unless otherwise provided by law,
and to the extent and in the manner pro-
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