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There being 49 votes in the affirmative
and 67 in the negative, the motion is lost,
and the amendment is rejected.
Are there any other amendments to sec-
tion 3.03(b)?
Do you still desire to offer your
amendment?
DELEGATE GILCHRIST: With the per-
mission of the co-sponsors, I will withdraw
it, sir.
THE CHAIRMAN: Any objection from
the co-sponsors? If not, the amendment will
not be offered.
Delegate Fox, do you propose to offer
your amendment?
DELEGATE FOX: No, sir.
THE CHAIRMAN: Are there any other
amendments to section 3.03 (e)? The Chair
hears none.
Are there any amendments to sec-
tion 3.19? The Chair hears none. Are there
any amendments to section 3. 17 (a) (b) ?
DELEGATE SCANLAN: I have an
amendment designated Amendment E to
that section.
THE CHAIRMAN: Just a second.
Pages will please distribute the amend-
ment E.
This will be Amendment No. 3. The Clerk
will read the amendment.
READING CLERK: Amendment No. 3 to
Committee Recommendation LB-3, by Dele-
gates Scanlan and Bothe: On pages 2 and
3 section 3.17 (ab), Corporation Charters,
strike out all of lines 29 through 50, inclu-
sive, on page 1 and all of lines 1 through
9, inclusive, on page 2; and insert in lieu
thereof the following: "The provisions of
Article Three, Section 48 of the Constitu-
tion of 1867 shall remain in effect as part
of this Constitution."
THE CHAIRMAN: Delegate Scanlan.
DELEGATE SCANLAN: Of all the
wordy and prolix provisions with which
we have infiltrated the constitution thus far,
none offends me quite so much as this.
However much I contemplate the necessity,
I end up with an uneasy feeling that it may
not be necessary.
However, I will accept the words of
lawyers more competent in the relationship
of the B&O tax exemptions and the cor-
porate laws of this state.
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My own personal feeling is that the mat-
ter could be handled in the schedule of leg-
islation, and if one had faith in the General
Assembly, that the General Assembly
would not yield on the point, I think the
matter could safely rest there.
However, there appears to be some con-
cern, legitimate or not, that this would not
work out that way, and that the matters
must be dealt with in the constitution.
While I come to that reluctant conclusion,
and I am still unsure about it, let us deal
with it in as succinct a manner as possible,
and not load down the constitution with a
provision which may soon become unneces-
sary if Mr. Gallagher^ prediction about
the course of action on the B&O as a result
of the pending merger with the C&O rail-
road is borne out.
My amendment would merely incorpor-
ate by reference the present provisions of
section 48 of Article III of the Constitu-
tion of 1867 which are set forth at great
length and almost in hoc verba in the pro-
posed section 3.17(ab).
I have offended one of the rules of style
that we shall not incorporate by reference
in the constitution. However, to every rule
there must be some exception, and I say
that the case of the B&O tax exemption
is so unique, so complicated, and stands so
by itself, that it presents a highly unusual
situation, and I think we are entitled to deal
with it in a highly unusual manner. The
manner proposed by the 'Committee is to
clutter up the constitution with ancient
verbiage.
The manner proposed is to make an ex-
ception to the rule of style, and incorporate
by reference all the constitutional authority
in section 48, Article III, and transfer that,
continuing it in effect as part of this
constitution.
In short, I think I have done in one sen-
tence what the Committee proposes to do
do in nearly 300 words. I urge that you
support the amendment. You will have
yielded something of substance, and I think
you will have gained a little of form, not
to mention style.
THE CHAIRMAN: Are there any
questions ?
DELEGATE RYBCZYNSKI: Point of
order.
THE CHAIRMAN: State the point.
DELEGATE RYBCZYNSKI: I suggest
that the amendment is out of order for
two reasons; number one because of the
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