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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3095   View pdf image (33K)
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[Jan. 2] DEBATES 3095

THE PRESIDENT: The Chair did not
rule that it was not a style change, but
that it was not germane to the amend-
ments made by the Committee. Are there
any amendments as to style germane to
the amendments made by the Committee?

Delegate Clagett.

DELEGATE CLAGETT: Mr. Chairman,
I have an amendment entitled "CC" Consti-
tutional Convention.

THE PRESIDENT: That would be sub-
ject to the same ruling as the Chair's ruling
with respect to Amendment U and the
Chair would suggest that you consider
amendment U and then decide whether you
accept it in lieu of your amendment CC.

Are there any further amendments ger-
mane to the amendments recommended
to the Committee on Style with respect to
section 3.23?

The Chair hears none.

The question arises on the adoption of
the amendments by the Committee on Style
as to section 3.23.

Are you ready for the question?
(Call for the question.)
The Clerk will ring the quorum bell.
Delegate Clagett.

DELEGATE CLAGETT: Point of order.
The Committee on Style in section 3.23
with respect to the content of the amend-
ment which I have before you as CC makes
a change from the original language —

THE PRESIDENT: The Chair under-
stands that, and your amendment will be in
order. It simply is not in order at this par-
ticular moment.

The question arises on the adoption of
the amendments recommended by the Com-
mittee on Style with respect to section 3.23.

A vote Aye is a vote in favor of the
amendments recommended by the Committee
on Style. A vote No is a vote against.

Cast your votes.
Has every delegate voted.
Delegate Boileau.
DELEGATE BOILEAU: Aye.

THE PRESIDENT: Delegate Boileau
votes Aye.

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

(There was no response.)
The Clerk will record the vote.

There being 99 votes in the affirmative
and 10 in the negative, the motion carries.
The amendments recommended by the Com-
mittee on Style with respect to section
3.23 are adopted.

Will the pages please distribute Amend-
ment U, U for "Uncle". The Chief Page
tells me that Amendment Uncle was dis-
tributed on Saturday. Please see if you
have it. If you do not, please indicate and
the page will bring you a copy. We do not
have an unlimited supply.

This will be Amendment No. 16.
The Clerk will read the amendment.

READING CLERK: Amendment No. 16
as amended by Report S&D-16 to Com-
mittee Recommendation No. LB-1, LB-2,
and LB-3 by Delegates Carson, Adkins,
Barrick, Boyer, Boyles, Case, Eckenrode,
Grant, Gullett, Neumann, Peters, Rollins,
J. H. Smith, M. H. Smith, Wheatley, and
Willis. On page 8 section 3.23, General
Application of Laws, lines 45, 46, 47 and
48 strike out the following: "The General
Assembly shall have the power, notwith-
standing the limitations imposed by this
section, to enact" and insert in lieu there-
of the following: "The limitations of this
section shall not apply to."

THE PRESIDENT: The amendment is
submitted by Delegate Carson and seconded
by the co-sponsors. The Chair recognizes
Delegate Carson.

DELEGATE CARSON: Mr. Chairman
and ladies and gentlemen, the amendment
offered to you is intended to be, and I con-
sider it to be, strictly one of style. I am
advised by the Chairman of the Local
Government Committee that he also, after
consideration, considers it purely one of
style.

Chairman Penniman of the Style, Draft-
ing and Arrangement Committee stated
in response to a direct question by myself
last Saturday that in line 47 on page 8,
the word "notwithstanding" really should
be read to mean "without" so that that
sentence on page 8, line 47. really should
be read to mean the "The General Assem-
bly shall have the power, without the limi-
tations imposed by this section, to enact
laws pertaining to," and then a list of laws
follows.

I suggest that the language used is cum-
bersome and that the language that we



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3095   View pdf image (33K)
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