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provisions, the implementation of this
constitution, trying to blend it in with the
present one, it was decided, and this is
with the approval of the Committee that
we would request that you would adopt an
amendment which I believe is lettered
amendment A.
THE CHAIRMAN: Will the pages please
distribute amendment A?
DELEGATE BOYER: And if I may,
Mr. Chairman, I will then speak on this
amendment A, rather than GP-9.
THE CHAIRMAN: Yes.
DELEGATE BOYER: We found, frank-
ly, much to my amazement, that our rec-
ommendation of GP-9 dealing only with
common law evidently did not go far
enough in order to protect the implementa-
tion of the various statutory and consti-
tutional concepts that we would like to
have incorporated in future case law and
in the future constitution.
GP-9 dealing only with ancient statutory
law was the result, the finished product,
after the General Provisions Committee
heard many witnesses, including judges on
the Court of Appeals.
But on the transitory provisions, particu-
larly in the Local Government Committee,
I had some problems that did not fit in
with our Recommendation GP-9 and this
was sort of like opening Pandora's box.
There were many other matters that then
flower into the conversation that evidently
GP-9 which we had intended to cover every-
thing, did not.
For that reason we recommend for your
consideration the amendment A on GP-9
and ask that it be considered because we
feel it to be more encompassing and more
inclusive and more direct for the purposes
of this new constitution.
THE CHAIRMAN: Are there any ques-
tions of the Committee Chairman?
Delegate Moser.
DELEGATE MOSER: Chairman Boyer,
I take it in line 13 of the amendment
where the words appear "or as lawfully
changed", that means the changes can oc-
cur in any manner, including a change in
existing law made by the schedule of legis-
lation which will accompany the constitu-
tion. Is that correct?
THE CHAIRMAN: Delegate Boyer.
DELEGATE BOYER: I am glad you
said that, Delegate Moser, because you
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wrote the amendment, and I would imagine
that you would know more about it than
anybody, but, yes, that is correct.
DELEGATE MOSER: You and I in-
tend the same thing, I take it.
The second question: I assume that the
amendment does encompass everything that
is encompassed in your original Committee
Recommendation GP-9, does it not?
THE CHAIRMAN: Delegate Boyer.
DELEGATE BOYER: Yes, there are
three words that we, as a General Pro-
visions Committee, were rather proud of
our authorship of, and the three words are
"including common law", and we thought
that would cover everything we had in
GP-9. Are there any other questions of the
Committee?
THE CHAIRMAN: Delegate Chabot.
DELEGATE CHABOT: Delegate Boyer,
I would like to ask you about those three
words as they fit in with the words "is law-
fully changed". One of the general uses of
the common law is that it can be changed.
The courts can evolve it. Do those two
phrases mean that we do not intend to
freeze perpetually the common law as it
now is, but we intend to permit it to con-
tinue to be changed also as it has been
changed?
THE CHAIRMAN: Delegate Boyer.
DELEGATE BOYER: Yes, this is abso-
lutely true and I am awfully glad you
brought that up. It is not our intention to
remain frozen in our common law. It should
remain flexible, and we should keep it that
way.
DELEGATE GRANT: I assume you
mean you herein adapt all the interpreta-
tions of the common law as made by the
Court of Appeals as of the date of the
Constitution?
DELEGATE BOYER: As of the effec-
tive date of the constitution, that would
be the difference between now and June
30th, 1968.
THE CHAIRMAN: Any other questions
of the Committee Chairman? There appear
to be none. If not, Delegate Boyer will
return to his seat.
The pages have distributed amendment A
which will be Amendment No. 1.
The Clerk will read the provision.
READING CLERK: Amendment No. 1
to Committee Recommendation GP-9 by the
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