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body tell you a good reason, other than
possible court efficiency which does not im-
press me as outweighing the validity of
protecting the rights of a defendant, be-
fore you vote to change something that has
worked well in our Constitution for over a
hundred years.
THE PRESIDENT: Delegate Penniman.
DELEGATE PENNIMAN: I rise to
move the previous question.
THE PRESIDENT: The question arises
on ordering the previous question. A vote
Aye is a vote in favor of ordering the pre-
vious question on Amendment No. 2. A vote
No is a vote against.
All in favor of the previous question sig-
nify saying Aye. Contrary, No.
The Ayes seem to have it, the Ayes have
it, it is so ordered.
The question arises on the adoption of
Amendment No. 2 to Committee Recom-
mendations R&P-1 and R&P-2 as amended
by S&D-9. A vote Aye is a vote in favor
of Amendment No. 2. A vote No is a vote
against.
For what purpose does Delegate Storm
rise?
DELEGATE STORM: I am afraid I
will not be allowed to do this, but if you
will notice Judge Sybert is a sponsor of
this amendment. He felt very strongly
about it, but he is sick. Would it be out of
order if I pushed his lever "yes"?
THE PRESIDENT: Indeed it would.
A vote Aye is a vote in favor of Amend-
ment No. 2. A vote No is a vote against.
Cast your votes.
(Whereupon, a roll call vote was taken.)
THE PRESIDENT: Has every delegate
cast his vote? Does any delegate desire to
change his vote?
Delegate James Clark.
DELEGATE J. CLARK: No.
THE PRESIDENT: Delegate James
Clark votes No.
Does any other delegate desire to change
his vote?
The Clerk will record the vote.
There being 58 votes in the affirmative
and 67 in the negative, the motion is lost,
the amendment fails.
The next amendment is with respect to
section 1.16.
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Delegate James, do you desire to offer
your Amendment V, for Victor? I cannot
be sure which is the principal sponsoring
delegate.
DELEGATE JAMES: Mr. Chairman,
what are your plans for the recess? I had
planned to confer with my co-sponsor and
to lay plans to present this.
THE PRESIDENT: The time for the
recess is now. The Chair was simply not
watching the time. We had indicated to a
number of delegates that we would recess
at about two o'clock and it is past that hour.
Delegate Gallagher.
DELEGATE GALLAGHER: Mr. Presi-
dent, the Committee on the Legislative
Branch will meet in the lounge for a pho-
tograph just as soon as we do adjourn for
lunch.
THE PRESIDENT: Are there any other
announcements necessary to be made by
committee chairmen?
Are there any announcements by any-
body else?
Delegate Powers.
DELEGATE POWERS: Did you want
to have a roll call, Mr. President?
THE PRESIDENT: Any delegates pres-
ent now not present earlier this morning
may indicate their presence on supplemen-
tal roll call.
The Clerk will record the supplemental
roll call.
THE PRESIDENT: Delegate Powers.
DELEGATE POWERS: Mr. President,
I move we recess until 3:00 P.M.
THE PRESIDENT: Fifty minutes, a re-
cess until 3:00 P.M. All in favor signify by
saying Aye, contrary, No. The Ayes have
it. It is so ordered.
(Whereupon, at 2:14 P.M., the Conven-
tion was recessed until -J :00 P.M. on the
same day.)
PLENARY SESSION
DECEMBER 29, 1967—3:15 P.M.
PRESIDENT H. VERNON ENEY,
PRESIDING
THE PRESIDENT: The Convention will
please come to order.
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