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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2606   View pdf image (33K)
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2606 'CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 19]

practicality as we have had. I suggest you
vote against this amendment.

THE CHAIRMAN: Delegate Boyer, the
Chair wants to ask a question as to the
meaning of this section in view of the
comments made by Delegate iCarson. He
indicated that the sentence beginning on
line 16 providing that a governor should
appoint a commission within 60 days after
approval — that is, approval by the elec-
torate of the calling of the convention —
could be considered as limiting. Does the
Committee intend by the sentence begin-
ning on line 16, that that shall be the only
provision authorizing a governor to appoint
a commission?

DELEGATE BOYER: It was our inten-
tion to make this a directive to the gover-
nor that within 60 days, just as the lan-
guage says, after approval by any source
whatsoever, the governor shall, without
any option at all, appoint this commission.

THE CHAIRMAN: Was it intended to
prevent the governor from appointing such
a commission even before an election ?

DELEGATE BOYER: No, there was no
such intent. There is inherent power in the
legislature that it can call the constitutional
convention, as Governor Tawes did when
he was governor, in the very able, efficient
way he did, without any limitation on him
at all. The intent of that language is not
to limit the governor. He can make the
appointment prior to the approval.

THE CHAIRMAN: Is there any further
discussion ? Delegate Bamberger.

DELEGATE BAMBERGER: Mr. Chair-
man, I move this question be divided mak-
ing a separate question of the deletion of
the first sentence, that is, the one which
relates to the appointment of a commission,
which begins on line 16 with the word
"Within" and ends on line 18 with the
word "convention". T^he second part of the
question is the remaining two sentences.

THE CHAIRMAN: The Chair thinks the
amendment is divisible. The first question
to be submitted will be on the deletion of
the sentence beginning in line 16, the sen-
tence reading "Within 60 days after such
approval the governor shall appoint a com-
mission to prepare for the convention".

The second question will be on the dele-
tion of the next two following sentences.

Is there any further discussion?
(There was no response.)
Are you ready for the question?

(Call for the question.)

Two questions will be submitted to you
separately.

The Clerk will ring the quorum bell.

The two questions arise on Amendment
No. 9 to Committee Recommendation GP-8.
The first question, the question now before
you, is to delete the sentence beginning in
line 16 and reading "Within 60 days after
such approval the governor shall appoint
a commission to prepare for the con-
vention."

A vote Aye is a vote in favor of the dele-
tion of the sentence. A vote No is a vote
against deletion of the sentence. Cast your
votes.

Has every delegate voted ? Does any dele-
gate desire to change his vote?

(T fiere was no response.)
The Clerk will record the vote.

There being 37 votes in the affirmative
and 84 in the negative, the motion is lost.
The first portion of the amendment is
rejected.

The question now arises with respect to
Amendment No. 9 to Committee Recom-
mendation GP-8 on the adoption of the
second question which will be the deletion
of the two sentences beginning in line 18
and reading "At not later than the second
regular session following such approval,
the General Assembly shall provide by law
for assembling of a convention, election of
delegates, filling of vacancies, and position
of delegate and appropriation of sufficient
funds for the work of the convention. The
convention shall adopt its own rules of
procedure."

A vote Aye is a vote for the deletion
of those two sentences. A vote No is a
vote against deletion. Cast your votes.

Has every delegate voted? Does any dele-
gate desire to change his vote?

(T fiere was no response.)
The Clerk will record the vote.

There being 30 votes in the affirmative
and 92 in the negative, the motion is lost.
The second portion of the amendment is
rejected. The entire Amendment No. 9 is
rejected.

The Chair has no other amendments.
Delegate Needle.

DELEGATE NEEDLE: Mr. Chairman, I
think I may have acted a little too hastily



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2606   View pdf image (33K)
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