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THE CHAIRMAN : Thank you.
Are there any further amendments with
respect to section 3. 17 (ab)?
Delegate Scanlan.
DELEGATE SCANLAN: I naturally
have not had the time to prepare the modi-
fication of my amendment. I could read it
to the house, and if there was no objection,
perhaps we could proceed on it. If not, I
do not want to delay consideration.
THE CHAIRMAN: The Chair would
suggest — and I think the Committee of
the Whole would concur — that if the
amendment can be stated in a way so that
it would be understandable, we could act on
it. I would like to conclude consideration of
this recommendation before we recess for
lunch.
DELEGATE SCANLAN: Yes. The
amendment is exactly as it was previously
modified and read across the desk, with the
exception that the following phrase is
added in line 6 of the amendment:
"With the exception of the first sentence
thereof then, it would read as it is now —
the provisions of Article III, section 48 of
the Constitution of 1867 shall remain in
effect as part of this Constitution."
That is to accommodate the problem of
permitting, under the Constitution of 1867,
the exceptions for municipal purposes. That
has been eliminated, and properly so, in
the Committee's first sentence of its report
on 3.17 (ab).
So I would preserve the first sentence of
the Committee's report, but —
THE CHAIRMAN: I do not think that
the amendment as you stated it does that.
I had understood it to be the converse,
that you were preserving the first sentence
of Article III, section 48 of the Constitu-
tion of 1867, which again may not —
DELEGATE SCANLAN: I believe you
have misconstrued what I have said.
THE CHAIRMAN: The language was
"with the exception of the first sentence
thereof". Is that what you said?
DELEGATE SCANLAN: Yes. My
amendment does not attack the first sen-
tence of the Committee's report, in other
words. I do not attack —
THE CHAIRMAN: Do not tell me what
it does. Read me your amendment again
as you would have it.
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DELEGATE SCANLAN: On pages 2
and 3, Section 3. 17 (ab) Corporation Char-
ters. Strike out "all charters granted" on
line 35 and lines 36 through 50, page 2,
and all of lines 1 through 9 page 3 inclu-
sive, and insert in lieu thereof the follow-
ing: "With the exception of the first sen-
tence thereof, the provisions of Article III,
section 48 of the Constitution of 1867 shall
remain in effect as part of this Con-
stitution."
Have I made myself clear?
THE CHAIRMAN: That is what the
Chair understood you to say before, and
that would mean that the first sentence
thereof refers to the first sentence of Ar-
ticle III, section 48. The balance of the
section is what you are adopting by
reference.
Is that correct, Delegate Scanlan?
DELEGATE SCANLAN: You are right.
THE CHAIRMAN: Is that your in-
tention?
DELEGATE SCANLAN: No. I think I
will retreat.
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Mr. Chair-
man, I say with all sympathy to Delegate
Scanlan we went through this exercise of
trying to figure a better way to say it if it
had to be said; we finally came to the re-
luctant conclusion that we had to do it the
way you see it before you.
With respect to the question of the ef-
fective date of the constitutional amend-
ment which was authorized by the General
Assembly by Chapter 195 of the Acts of
1890, section 2 of that act says that the
foregoing section hereby proposed as
amendment to the Constitution shall be at
the next general election held at this State
submitted to the legal and qualified voters
thereof for their adoption and selection
pursuant to Article 14 of this State, and
that after the said election due returns
shall be made to the governor of the vote
for and against said proposed amendment
as directed by the said Article XIV of the
Constitution.
Article XIV of the Constitution says that
the votes cast for and against said amend-
ments shall be returned severally to the
governor. If it shall appear to the governor
that such votes were cast in favor thereof,
the governor shall by his proclamation
declare the said amendments, having re-
ceived said majority votes, to have been
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