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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2961   View pdf image (33K)
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[Dec. 29] DEBATES 2961

is captioned "Succession to Office of Gover-
nor and Lieutenant Governor."

Admittedly it is difficult to spell out all
of the areas of jurisdiction in those five
sections, but to make it clear, we just
followed in effect what the Committee had
clone by putting the subject headings in the
sentence in 4.11. I just raised the question
of whether or not by adopting this amend-
ment we destroyed our intent which was the
reference back to each of these five pre-
ceding sections to indicate that those were
the areas of jurisdiction; certainly there are
instances in section 4.09 where the presi-
dent of the Senate does serve as acting
governor.

THE PRESIDENT: Delegate Morgan.

DELEGATE MORGAN: Mr. President,
that is why this amendment is being pro-
posed by the Committee on the Executive
Branch and why it could not be proposed
by the Committee on Style and Drafting,
because it was to correct an oversight that
we were originally responsible for when
we drafted it and that is the sole purpose
of the amendment. I cannot understand why
it is taking so darn much time to dispose
of it.

THE PRESIDENT: Very well.
Delegate Burdette.

DELEGATE BURDETTE: I think that
one of the problems that has developed in
the omission of the word "service", and the
use of the language proposed here, is that
it seems inadvertently to give to the Court
of Appeals the power to deal, not with the
service of, but with the lieutenant gover-
nor or the president of the Senate acting
as governor.

THE PRESIDENT: Delegate Burdette,
we heretofore indicated to the chairman of
the Committee on Style in response to
a substantially similar comment by Dele-
gate Beatrice Miller that the Committee on
Style could restructure the sentence in the
form of the balance of the section.

Has every delegate voted ? Does any dele-
gate desire to change his vote? This is a
vote on Amendment No. 7.

Has every delegate voted ? Does any
delegate desire to change his vote?

Delegate Gill.

DELEGATE GILL: Should we vote on
this before we know what the Style Com-
mittee has clone with it?

THE PRESIDENT: You are voting on
the substance. Every recommendation goes

back to the Committee on Style and then
comes back to the Convention on third
reading. You will have the opportunity to
consider any change that the Committee on
Style makes.

DELEGATE GILL: I am not questioning
the vote on the style. I am questioning
voting on the substance because Delegate
Marion was not sure how he was explain-
ing it. We do not know whether Delegate
Penniman will know how to change it. We
will not know what we are voting on.

THE PRESIDENT: Delegate Morgan
indicated he disagreed with what Delegate
Marion stated. I think the Committee on
Style can straighten it out. Has every dele-
gate voted? Any delegate desire to change
his vote ?

(T/) ere was no response.)
The Clerk will record the vote.

There being 98 votes in the affirmative
and 1 in the negative, the motion is carried
and the amendment is adopted.

Are there any other amendments to sec-
tion 4.11.

Are there any amendments to section
4.12?

Are there any amendments to section
4.13?

Are there any amendments to section
4.14?

4.15? 4.16? 4.17? 4.18?

Delegate Byrnes, do you desire to offer
your Amendment KU?

DELEGATE BYRNES: No, sir.
(Applause.)

THE PRESIDENT: Are there any other
amendments to section 4.18?

Are there any amendments to section
4.19?

Delegate Morgan, do you desire to offer
your Amendment J ?

DELEGATE MORGAN: Yes, I do.

THE PRESIDENT: Pages please distrib-
ute Amendment J.

Delegate Clagett.

DELEGATE CLAGETT: Parliamentary
inquiry.

THE PRESIDENT: State the inquiry.

DELEGATE CLAGETT: When does the
new working day begin?



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2961   View pdf image (33K)
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