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in line 43 after the word "court" insert the
following: ", providing".
THE PRESIDENT: The amendment is
submitted by Delegate Carson. Is there
a second ?
(Whereupon, the amendment was duly
seconded.)
THE PRESIDENT: The amendment hav-
ing been seconded, the Chair recognizes
Delegate Carson.
DELEGATE CARSON: Mr. Chairman,
ladies and gentlemen, the amendment be-
fore you is strictly one of style and not one
of substance, although I believe the Style
Committee has created a substantial change
in this section.
This section is intended to make it clear
that a person shall not be imprisoned for
debt, but to create within the section at
least two exceptions and only those excep-
tions to the imprisonment for debt.
One is if you have a valid decree of a
court providing for support for a wife, de-
pendent children, illegitimate children, or
for alimony, and the other case is one in
which you have an agreement which is
embodied in a valid decree and ratified by
it and which also provides for those things.
Now, if you will read the section as it
is now written, it does not say that. It says
that any valid decree of a court, which might
include a monetary judgment, would not
be a debt. In addition, it says that any
agreement approved by a decree which pro-
vides for support of a wife, dependent chil-
dren, illegitimate children or for alimony is
not a debt, so this is a technical amend-
ment to straighten out and make clear that
the words "for the support of a wife"
through "or for alimony" relate to a de-
cree of a court or also an agreement ap-
proved by a decree of a court.
THE PRESIDENT: Delegate Carson,
it may be clear to you that the amendment
accomplishes what you intend, but it is far
from clear to the Chair.
Would you not also, to get the clarity you
want, have to add a comma after the word
"court" in line 41? If you did that, would
you not be able to get everything you want
with the addition of the two commas, and
nothing else?
DELEGATE CARSON: Mr. Chairman,
you will note that the first part of my
amendment is to add a comma after the
word "court" in line 41.
THE PRESIDENT: I missed that.
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DELEGATE CARSON: The second part
is to add a comma in line 43, and then after
it add "providing". I think the word "pro-
viding" is somewhat helpful.
THE PRESIDENT: Delegate Soiliris.
DELEGATE SOLLINS: Mr. President,
Delegates Smith, Marion, Rybczynski and I
have Amendment X which I think will clear
this up. We would like to offer it as a sub-
stitute for Delegate Carson's amendment.
It is the amendment lettered "X".
THE PRESIDENT: The pages will please
distribute Amendment X, X for X-ray, and
please get one to Delegate Carson first, if
you will, please.
Delegate Carson, would you look to see
if you would be satisfied to accept that as
a substitute?
DELEGATE CARSON: Mr. Chairman,
I do not think this does it. I .think this just
makes it clear that there are two different
things involved, one of which is a valid de-
cree of court and the second of which is an
agreement approved by decree of :i court
providing for these various measures.
THE PRESIDENT: I am inclined to
agree, Delegate Sollins, I think your amend-
ment makes it worse rather than better.
I think the "either" would refer to the ob-
ligation. Under the circumstances, do you
still desire to offer your Amendment X?
DELEGATE SOLLINS: Not at this
time, Mr. President.
THE PRESIDENT: Delegate Carson.
DELEGATE CARSON: May I ask Mr.
Sollins if he will now agree to accept mine,
please?
DELEGATE SOLLINS: I do not think
yours clears it up, either.
THE PRESIDENT: Delegate Kiefer.
DELEGATE KIEFER: Mr. President,
I do not think we are quarreling about
substance. We are trying to get something
straightened out here. I do not believe that
Delegate Carson's really does this, but if
the Convention will agree with me that
the cases are clear that a decree by a
court, not based on agreement, but for
alimony, or for support of children, or for
support of illegitimate children, are within
the police power and are not covered by
this, then I believe that if you cross out
line 41, the words "a valid decree of a
court," so that it reads "but no obligation
created by an agreement approved by
decree of a court for the support of a wife
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