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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2669   View pdf image (33K)
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[Dec. 20] DEBATES 2669

fied amendment on the committee proposal.
Let me explain how I am going to amend,
and then we can state it in the proper
language.

I intend to move to strike only that
portion of the committee proposal that be-
gins with the word "all" on line 35 of page
2 through line 9 of page 3. In other words,
my amendment now, if permitted to be
modified, would not be directed at the first
sentence of section 3. 17 (ab).

THE CHAIRMAN: The Chair is com-
pletely lost. Are you suggesting an entirely
new amendment in place of your Amend-
ment No. 3, or are you modifying your
Amendment No. 3?

DELEGATE SCANLAN: I am trying to
modify my Amendment No. 3.

THE CHAIRMAN: Tell me what lan-
guage there would be deleted, or changed.

DELEGATE SCANLAN: Strike out all
of line 35, beginning with the word "all".

THE CHAIRMAN: There is no line 35
on my amendment 3.

DELEGATE SCANLAN: Oh, I will
read my amendment as modified:

On pages 2 and 3, section 3.17 (ab),
Corporation Charters, strike out all of line
35, beginning with the word "all" through
line 50 inclusive — " and then it remains
the same.

THE CHAIRMAN: The Chair is still
lost. What happens to lines 6, 7 and 8 of
Amendment No. 3?

DELEGATE SCANLAN: I did not finish
reading. I'm sorry. " — and insert in lieu
thereof the following: "The provisions of
Article III, section 48 of the Constitution
of 1867 shall remain in effect as part of
this Constitution."

In short, my modification is —

THE CHAIRMAN: You are striking
through line 50 on page 2, and not striking
anything on page 3?

DELEGATE SCANLAN: I see here
that the amendment as drafted referred to
pages 1 and 2, when it should have re-
ferred to pages 2 and 3, Mr. Chairman.

THE CHAIRMAN: Yes, I understand
that. But you did not make mention of any
of the lines on page 3.

DELEGATE SCANLAN: I thought I
had. My bench mate says I did. Perhaps
the Chair did not catch it.

THE CHAIRMAN: That is entirely
possible.

(Laughter.)

DELEGATE JAMES: The first time you
did. The second time you did not.

THE CHAIRMAN: Just a second. Would
your amendment now read "On pages 2
and 3, section 3. 17 (ab) Corporate Charters
in line 35 strike out the words "all char-
ters granted" and strike out all of lines 36
through 50 on page 2, and all of lines 1
through 9 on page 3, and insert in lieu
thereof the following — ?

DELEGATE SCANLAN: That is cor-
rect, Mr. Chairman.

THE CHAIRMAN: Is there any objec-
tion to considering the amendment as
modified?

(Laughter.)

There appears to be an objection, Dele-
gate Scanlan.

DELEGATE SCANLAN: In which case,
then, Mr. Chairman, I will stand on my
original amendment and hope in some way
if the amendment passes that the change
which I was trying to make could be made.

I was trying to accommodate the section
pointed out by Mr. Case, where the pre-
vious reference to municipalities was im-
proper.

DELEGATE KOSS: May I point out
that under the accommodation he was at-
tempting it seems to me that the first sen-
tence would be repeated twice, since you
were not striking it, and then incorporating
section 48.

THE CHAIRMAN: Delegate Scanlan.

DELEGATE SCANLAN: I think at this
point I had better retreat, and recast my
language, but I shall return.

(Laughter.)

THE CHAIRMAN: Do you withdraw
your amendment, Delegate Scanlan?

DELEGATE SCANLAN: Yes, I would
like to keep open the door that has been
so liberally left ajar for others so that I
could come back with my amendment.

THE CHAIRMAN: The Chair would like
to conclude consideration of this before we
recess for lunch, if you could work out the
language.

DELEGATE SCANLAN: I could do it
right here, but I do not know about the
boys in my row.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2669   View pdf image (33K)
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