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THE PRESIDENT: Delegate Bennett.
DELEGATE BENNETT: Just one brief
word, Mr. President.
The most powerful argument against this
whole method of selecting judges is that it
substitutes bar politics for the present
method of selecting judges. I say to you
that here is bar politics par excellence, and
if you leave this thing in the constitution
I am sure it will endanger the whole article.
THE PRESIDENT: Delegate Mason.
DELEGATE MASON: Mr. President, I
move the previous question.
THE PRESIDENT: Is there a second?
(The motion was duly seconded.)
THE PRESIDENT: Not debatable. All
in favor signify by saying Aye. Contrary
No. The Ayes have it, and it is so ordered.
The question arises on the adoption of
Amendment No. 10 to Committee Recom-
mendation JB-1 as amended by Report
S&D-8.
The Clerk will ring the quorum bell.
A vote Aye is a vote in favor of the
amendment. A vote No is a vote against.
Cast your votes.
Delegate Kosakowski.
DELEGATE KOSAKOWSKI: I want to
be recorded as voting No.
THE PRESIDENT: Delegate Kosakow-
ski will be recorded as voting No.
Delegate James Clark.
DELEGATE J. CLARK: Aye.
THE PRESIDENT: Delegate James
Clark votes Aye.
Has every delegate voted? Does any del-
egate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 46 votes in the affirmative,
and 68 in the negative, the motion is lost.
The amendment is rejected.
Delegate Bamberger, do you desire to
offer your Amendment G?
DELEGATE BAMBERGER: Yes, and I
immediately move the previous question.
THE PRESIDENT: Pages will please
distribute the Amendment G, that is G for
George. Amendment 11.
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The Clerk will read the amendment.
READING CLERK: Amendment No. 11
to Committee Recommendation JB-1, as
amended by Report S&D-8, by Delegate
Bamberger :
On page 7, section 5.22, Judicial Term of
Office, in line 34 strike out the word "shall"
and insert in lieu thereof the word "may".
THE PRESIDENT: Is there a second?
DELEGATE HARDWICKE: Second.
THE PRESIDENT: The amendment hav-
ing been seconded, the Chair recognizes
Delegate Bamberger.
DELEGATE BAMBERGER: The pur-
pose of this amendment is to change the
word "shall" to "may" so that the poll is
not mandatory, and if we find that in some
jurisdiction or in every jurisdiction that
this procedure has not worked, then the
Court of Appeals could have the power to
decide when there would or would not be
a poll of the lawyers. Everything has been
said about it. I offered the amendment be-
cause there were some delegates who ex-
pressed a feeling that they would find it
more palatable if it were not mandatory,
and if it was something we could experi-
ment with rather than be saddled with re-
gardless of the result.
I move the previous question.
THE PRESIDENT: You do not have
the privilege of moving the previous ques-
tion, Delegate Bamberger.
The Chair recognizes Delegate Mudd.
DELEGATE MUDD: Mr. President, I
think I discussed this phase of the matter
in speaking in opposition to the previous
amendment. This section, as originally sug-
gested by the study Commission, did in-
clude the word "may" rather than "shall".
That phase of the matter was discussed in
length at our Committee, and I believe the
same amendment was proposed by the Com-
mittee of the Whole. It does have some
merit.
As Delegate Bamberger has indicated, if
the plan is found to be inoperable, it could
be abandoned without a constitutional
amendment. But we feel it has some danger
because the poll could be taken in some
instances and not in others. We feel that
would be more difficult than the mandatory
provision as included in our recommenda-
tion, and we therefore oppose the amend-
ment.
THE PRESIDENT: Are you ready for
the question?
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