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Committee that this was the intent within
the current meaning of the law. I misstated
earlier in answer to the question of the
Chairman.
THE PRESIDENT: I take it therefore
that Delegate Boyer intends to propose an
amendment of substance and I do not
think further comment on the question
now is needed.
Delegate Adkins.
DELEGATE ADKINS: May I simply
say that at the appropriate time I should
like to move not to concur to the proposal
of the Committee on Style and return this
to the legislative draft. This has a legis-
lative history. It is a treacherous subject
to operate on in a short time.
THE PRESIDENT: Delegate Gleason.
DELEGATE GLEASON: With respect
to the changes, I would like to suggest to
the Chairman I am not sure that that lan-
guage, even using the language in the
existing Constitution should be applied to
the second sentence of that first section be-
cause I do think that would go much be-
yond the action of the Committee of the
Whole.
THE PRESIDENT: Delegate Boyer.
DELEGATE BOYER: I will take Dele-
gate Gleason's suggestion into considera-
tion. At first blush I would agree with him.
THE PRESIDENT: Delegate Henderson.
DELEGATE HENDERSON: In the
present Constitution, the reference has
been to what it provided, but what it says
is, "that it shall provide by taxation or
otherwise for their maintenance". That is
different from what is being said here that
the State shall maintain it.
THE PRESIDENT: Delegate Pullen.
DELEGATE PULLEN: I think, Mr.
President, that Judge Henderson asked the
question that I wanted to ask, but maybe
it needs a little amplification. I cannot
quite see the reason for the question, here.
May I read section 1? "The General As-
sembly at its first session after the adop-
tion of this Constitution shall by law es-
tablish throughout the State a thorough
and efficient system of free public schools
and shall provide by taxation or otherwise
for their maintenance."
Now, I cannot quite understand your
trepidation at the use of the word "main-
tenance". What is the distinction between
"maintain" and "maintenance"?
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THE PRESIDENT: I do not think there
is any distinction, Delegate Pullen. As Del-
egate Henderson just pointed out, the Con-
stitution says "The General Assembly"
shall provide by taxation or otherwise for
the maintenance and pursuant to that con-
stitutional maintenance, the General As-
sembly has provided for the support of
public education largely local. To leave out
the "or otherwise" and to include in this
section the phrase "The General Assembly
by law shall establish and maintain a state-
wide system of free public schools" to the
Chair meant that the state should pay the
cost of maintaining the system of schools.
I suggested that this was a departure
from what had been previously discussed
in the Committee of the Whole.
Delegate Pullen.
DELEGATE PULLEN: May I ask
Chairman Boyer a question? It was not
the intent, if I understand it, to change in
any way the concept of support of public
education or its control. I hope that this
Convention on this most important matter
will not get lost in words. I am quite sure —
THE PRESIDENT: It was exactly for
that reason, Delegate Pullen, that the Chair
raised the question. I was afraid that we
were by inadvertent acquiescence changing
a word that no one really wanted to change.
DELEGATE PULLEN: I appreciate
your concern.
THE PRESIDENT: Delegate Gallagher.
DELEGATE GALLAGHER: It appears
to me that if this change is carried out
that it will do substantial damage and de-
part in significant fashion from what I
though was a compromise which this Con-
vention reached and I must say that when
the time comes to restore the original lan-
guage which the Committee of the Whole
adopted, I certainly hope we will be given
an opportunity to support that position.
THE PRESIDENT: Very well.
Delegate Boyer, you will have the oppor-
tunity over the lunch recess to prepare the
amendment. There will be a chance to con-
sider it further.
Delegate Penniman, I am sorry that I so
rudely interrupted your presentation, but I
am frank to say that the Chair was
startled. You may proceed.
DELEGATE PENNIMAN: In section
8.02 we had as I think was agreed in the
discussion the other day when the first pre-
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