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existing Constitution as part of the exist-
ing law, and it is the intention of this
Convention, as I understand it, not to pre-
serve the existing Constitution as part of
the existing law.
DELEGATE JAMES (presiding): Dele-
gate Grant.
DELEGATE GRANT: It probably is not
obvious we do not intend to preserve the
existing Constitution. However, the Mother
Hubbard clause is broader than the exist-
ing statutory law because it says "all
existing writs, actions, suits, proceedings,
civil and criminal liabilities, prosecution,
judgments, sentences, orders, decrees, ap-
peals cause of action, contracts, demands,
property claims and rights."
That is a lot broader than simply statu-
tory law. You can have claims, action,
rights and so forth arising under the Con-
stitution. They would be continued in effect,
obviously, except for this last clause, which
says "shall continue unaffected except as
modified in accordance with the provisions
of this Constitution."
One of the provisions of this constitution
is that the Constitution of 1867 as amended
shall cease to be effective, which would es-
sentially mean those rights would then
cease to be effective if they were bottomed
on anything that was in the 1867 Constitu-
tion.
DELEGATE JAMES (presiding): Dele-
gate Clagett.
DELEGATE CLAGETT: Will Delegate
Grant yield to a question? ,
DELEGATE JAMES (presiding): Will
Delegate Grant yield ?
DELEGATE GRANT: Yes.
DELEGATE JAMES (presiding): Dele-
gate Clagett.
DELEGATE CLAGETT: Would you not
accomplish your purpose by permitting the
sentence in line 6 to read "otherwise spe-
cifically provided or in the schedule of
transitional provisions attached to this
Constitution," that is, simply inserting the
word "or" between "provided" and "in" ?
DELEGATE GRANT: That would do it.
It is just to clear up this hiatus that is in
there. I would certainly be agreeable to
that amendment if it would be agreeable to
the Committee on Style.
DELEGATE JAMES (presiding): Dele-
gate Boyer.
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DELEGATE CLAGETT: In line 6, be-
tween the words "provided" and "in" insert
the word "or"; so that phrase would read:
"except as otherwise specifically provided
or in the schedule of transitional provisions
attached to this Constitution."
DELEGATE JAMES (presiding): In
other words, you are inserting the word
"or" ?
DELEGATE CLAGETT: Yes, sir.
DELEGATE JAMES (presiding): Your
amendment would have to be withdrawn,
and we would have to substitute the verbal
amendment. You would have to withdraw
your original amendment and offer as a
substitute amendment the word "or" on
line 6 between the words "specifically" and
"provided".
DELEGATE GRANT: I would be glad
to do so. That accomplishes the same thing.
DELEGATE CLAGETT: It would be
after the word "provided".
DELEGATE JAMES (presiding): I un-
derstand, yes.
DELEGATE CLAGETT,: After the word
"provided", and before the word "in".
DELEGATE JAMES (presiding): In
order to clarify this, Amendment No. 3, of-
fered by Delegate Grant, will be modified
to show in section 10.04, line 6, after the
word "provided" insert the word "or".
Is there any objection to this modifica-
tion of the amendment?
Delegate Grant?
DELEGATE GRANT: I suggest we get
a comment from the Committee on Style.
DELEGATE JAMES (presiding): Dele-
gate Penniman.
DELEGATE PENNIMAN: I find no ex-
cuse for either of these things. It is per-
fectly clear that in 10.01 we are going to
preserve all the things listed in 10.01. In
10.04 it merely says, as it came to us from
the Committee of the Whole and as we
sent it back, that the Constitution of 1867
as amended shall cease to be effective, ex-
cept for the transitional provisions, and
this is exactly what it is intended to say.
It has no effect upon 10.01 whatsoever. I
see no point in either of the proposals.
DELEGATE JAMES (presiding): Dele-
gate Grant.
DELEGATE GRANT: I go back to the
same thing of where 10.01 ends by saying
"except as modified by this constitution."
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