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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2613   View pdf image (33K)
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[Dec. 19] DEBATES 2613

Committee on General Provisions, Elroy G.
Boyer, Chairman.

On pages 1 and 2 strike out all of lines
2 through 25 on page 1 and all of lines
1, 2 and 3 on page 2 and insert in lieu
thereof the following: "provisions dealing
with the effect of this constitution on exist-
ing legislation and on enumerated legal
writs, actions and proceedings as follows:

All legislation, including local legisla-
tion, and all other law, including common
law, in force on June 30, 1968, insofar as
not in conflict with this Constitution, shall
continue in force until it expires by its own
limitation, or is lawfully changed, and all
existing writs, actions, suits, proceedings,
civil or criminal liabilities, prosecutions,
judgments, sentences, orders, decrees, ap-
peals, causes of action, contracts, claims,
demands, property titles and rights shall
continue unaffected except as modified in
accordance with the provisions of this con-
stitution."

THE CHAIRMAN: The amendment hav-
ing been submitted by Delegate Boyer on
behalf of the Committee on General Pro-
visions, and having been seconded, the
Chair recognizes Delegate Boyer.

DELEGATE BOYER: There is very
little I can add except to be redundant, to
what I have already presented. It was the
consensus of the General Provisions Com-
mittee that this amendment would be more
inclusive than GP-9. I say this reluctantly
because we had a pride of authorship in
GP-9. We copied it directly out of the
present Constitution. We recommend that
you adopt it.

THE CHAIRMAN: Is there any further
discussion?

(T fiere was no response.)
Are you ready for the question?
(Call for the question.)
The Clerk will ring the quorum bell.

The question arises on the adoption of
Amendment No. 1 to Committee Recom-
mendation GP-9.

A vote Aye is a vote in favor of Amend-
ment No. 1. A vote No is a vote against.

Cast your votes.

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

(T J} er e was no response.)
The Clerk will record the vote. ^

There being 115 votes in the affirmative
and none in the negative, the motion car-
ries. The amendment is adopted.

Are there any further amendments?
(There was no response.)

The question now arises on the adoption
of Committee Recommendation GP-9.

Is there any discussion?
(T fiere was no response.)
Are you ready for the question?
(Call for the question.)
The Clerk will ring the quorum bell.

The question arises on the adoption of
Committee Recommendation No. GP-9 as
amended. A vote Aye is a vote in favor of
the recommendation. A vote No is a vote
against.

Cast your votes.

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

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

There being 116 votes in the affirmative
and none in the negative, the motion
carries. Committee Recommendation GP-9
as amended is adopted.

The next item on the agenda is a con-
sideration of Committee Recommendation
GP-10. The Chair recognizes Delegate
Boyer.

DELEGATE BOYER: Mr. Chairman
and ladies and gentlemen of the Committee,
I am sure by now you are probably getting
tired of seeing me up here. This GP-10
deals with impeachment procedures that
your Committee on General Provisions
thought should be in the constitution.

I think, that as I understand it, there
will probably be some amendments sug-
gested to this that we will consider in due
time. For the time being, historically the
origin of impeachment lies in the English
parliamentary procedure where the House
of Commons had the power of impeach-
ment and the House of Lords conducted
the trials.

Our suggested recommendation varies
slightly from that. We would have the
House of Delegates be more or less the
indicting body and by a three-fifths vote of
the membership of the House, an impeach-
ment could be brought. Instead of having



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2613   View pdf image (33K)
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