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DELEGATE SOLLINS: Delegate Penni-
man, on page 3, Declaration of Rights,
"Continuity of Government during Emer-
gencies", it appears from an examination of
this section you have made considerable
changes in the substance as well as the
style.
What was intended by the Legislative
Branch Committee? Was this discussed
with any members of the Legislative
Branch Committee?
DELEGATE PENNIMAN: First let me
say I hope we did not make any substantive
changes; and secondly, no, this was not
discussed with the Legislative Branch Com-
mittee members because, again, this was
while we were finishing this up just as the
Convention started, so this and the part on
the legislative branch were the two which
did not get discussed at all, let alone fully,
with the Committee involved.
DELEGATE JAMES (presiding): Dele-
gate Sollins.
DELEGATE SOLLINS: Does the intent
still exist that any parts of the constitution
that could be suspended could be only if
the General Assembly were to act in ad-
vance by providing the appropriate legisla-
tion to take effect in the event of a disas-
ter or enemy attack ?
DELEGATE JAMES (presiding): Dele-
gate Penniman.
DELEGATE PENNIMAN: T,he intention
was to have it mean the same thing as it
did when it came to us. It should mean
that the General Assembly should provide
by law for continuity of state and local
governmental operations, and for the tem-
porary suspension during a period of emer-
gency; but only with respect to those parts
relating to governmental offices and opera-
tions.
DELEGATE JAMES (presiding): Dele-
gate Sollins.
DELEGATE SOLLINS: Is the intent
still clear that under no circumstances can
the General Assembly suspend any of the
basic rights of the people as enumerated
in the Declaration of Rights, such as writ
of habeas corpus, et cetera, under any cir-
cumstances?
DELEGATE PENNIMAN: This would
certainly seem to me to be the case. It
says "The provisions of this constitution
shall not be suspended, except temporarily
during1 an emergency caused by disaster or
enemy attack, and then only to the extent
necessary to preserve continuity of state
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and local public offices and governmental
operations."
To me it still says the same thing, and
certainly it was the intent of the Commit-
tee, not to make any change whatever.
DELEGATE JAMES (presiding): Are
there any further questions ?
Delegate Winslow.
DELEGATE WINSLOW: Mr. Chairman,
the other day when this matter came up in
another report I raised the question about
the suspension of the meeting of the Gen-
eral Assembly in Annapolis. It seems to
me, sir, this has not yet been taken care of,
because in response to a question of mine a
few minutes ago, you answered that only
the General Assembly could take action in
case of an emergency.
Now, suppose in an emergency in An-
napolis there is a tidal wave and the legis-
lature cannot get to Annapolis. How can
it act, because it is not, by the constitution
allowed to act in any place except An-
napolis, and it cannot get to Annapolis in
order to decide to meet some place else ?
Is there any clarification for that?
DELEGATE PENNIMAN: There is not
in this as we returned it to the floor.
I was not aware — and somewhere our
notes may have fallen down, but in all the
notes which I have, including my own and
the ones taken in the back of the room —
that we had run into that particular in-
struction from the floor. But there were
instructions, as you know, falling rather
rapidly at one stage, so we may have
missed this one in going by.
DELEGATE JAMES (presiding): Dele-
gate Marion.
DELEGATE MARION: Could I suggest,
and I am not sure it is a complete answer
to Delegate Winslow's question, that I be-
lieve that the section as adopted by the
Committee of the Whole and as we have
reported it back, allows the General As-
sembly to take action before an emergency
arrives so that there can be continuity in
the event of an emergency, and I believe
the last sentence of this section would al-
low the General Assembly to act immedi-
ately upon adoption of the constitution to
prescribe whatever measures it felt neces-
sary, should an emergency arise some time
in the future. This would include the possi-
bility, I would suppose, that Annapolis
would be inundated by that tidal wave that
Delegate Winslow sees coming.
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