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g-overnor" and insert in lieu thereof the
following: "or the lieutenant governor or
presiding officer of the Senate acting as
Governor".
THE PRESIDENT: Delegate Morgan,
do you desire to amend your amendment in
line 9 to strike out "presiding officer" and
write in "president"?
DELEGATE MORGAN: I do.
THE PRESIDENT: If there is no objec-
tion, the Amendment is modified.
DELEGATE MORGAN: This is to cor-
rect an oversight. In setting forth the juris-
diction of the Court of Appeals, we ne-
glected to give the Court of Appeals juris-
diction to adjudicate disputes or questions
arising from the providing of the president
of the Senate as acting governor, and that
was the only omission we made in that
section. This was merely to correct that
omission.
THE PRESIDENT: Is there any dis-
cussion?
(There was no response.)
Are you ready for the question ?
(Call for the question.)
The question arises on the adoption of
Amendment No. 7 to Committee Recom-
mendation E'B-1 and EB-2 as amended by
Report S&D-13. A vote Aye is a vote in
favor. A vote No is a vote against. Cast
your vote.
Has every delegate voted? Does any
delegate desire to change his vote ?
(T fiere was no response.)
Delegate Beatrice Miller.
DELEGATE B. MILLER: We are won-
dering whether the words "or the service
of" should be stricken in that sentence.
THE PRESIDENT: Delegate Morgan, did
you hear the question ?
Delegate Miller, there is a change as you
see, and I think perhaps the amendment
was prepared before the amendments of the
Committee on Style had been known.
Delegate Morgan, the change comes about
because in the original text it was serving
as acting governor and you used the words
"acting as governor."
DELEGATE MORGAN: That is correct,
Mr. President.
THE PRESIDENT: I assume, Delegate
Miller, that the words "or the service of"
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should come out in the light of the verb
"acting" in line 8, but I would also assume
the Committee on Style could restructure
the sentence the way it was before.
Delegate Marion.
DELEGATE MARION: Mr. President,
when the Committee on Style was working
on this particular section, section 4.11, we
were given to understand that the listing
of the areas of jurisdiction for the Court
of Appeals were spelled out as they were
in that section originally so as to cor-
respond to the five preceding sections,
sections 4.0(5 to 4.10.
The language which this seeks to delete
refers to section 4.07 in which there is
contained no reference to the president of
the Senate as acting governor. T.hat conies
under section 4.09, and we were told by the
staff advisor that this was the best way
really to incorporate by reference all that
was contained in those five prior sections.
THE PRESIDENT: Delegate Morgan.
DELEGATE MORGAN: Mr. President,
I do not quite understand what Delegate
Marion is talking about. In section 4.09,
beginning at the bottom of page 4 and
the top of page 5, under certain circum-
stances, the presiding officer of the Senate
serves as acting governor until the newly
elected governor is qualified. Now, there
was no mention of that in the jurisdiction
that was given to the Court of Appeals,
and this was simply to fill that void. That
is the sole purpose of the amendment.
THE PRESIDENT: Delegate Marion.
DELEGATE MARION: My only point
was that — Mr. President, perhaps the hour
is too late for me to make myself clear.
(La u f/h ter)
DELEGATE MARION: The point that
I was trying to make was that when we
considered this in the Committee on Style,
we were advised that the five items listed
in section 4.11, the areas of jurisdiction
of the Court of Appeals beginning with
"the failure of the governor-elect to take
office" down through to wherever the sen-
tence ends, were in effect the captions or
titles of the five preceding sections, and the
section which this includes refers to the
service of lieutenant g-overnor as acting
governor, section 4.07, which in the body
of the section does not provide for the
president of the Senate to serve as acting
governor. The only time when the presi-
dent of the Senate is mentioned as serving
as acting governor is in section 4.09 which
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