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sofar as the State is concerned, that would
be prohibited; those would be matters not
falling under provisions of the constitution
regarding continuity of public offices and
governmental operations.
If that is the intention of the amend-
ment, I do not think it would be much
good in an emergency.
DELEGATE JAMES (presiding) : Dele-
gate Gallagher.
DELEGATE GALLAGHER: Mr. Presi-
dent, ladies and gentlemen: I submitted
substantially the same language to General
Leonard von Brundt who appeared before
the Committee on the Legislative Branch
and urged adoption of this type of language.
I might say we started out by combining
the New Jersey and Rhode Island emer-
gency sections, and we redistilled that. We
came in here with a Committee of the
Whole Report which was adopted, and an
attempt was made by Drafting and Style to
merge the wishes of both Personal Rights
and ourselves, and we do feel that we have
arrived at as much as we can get at, and
civil defense has indicated that it is satis-
fied with this.
In view of the fact that in cases where
the federal government wants to move in
you have an entirely different governmental
power operating, what the federal govern-
ment does is entirely its own problem and
its own sphere. All we attempt to do here
is try to provide for two things: continuity
of state and local public offices and govern-
ment operations. In that the General As-
sembly must act before the fact. I think
that is the important thing.
In other words, it must spell out the
conditions, the whys and wherefores, be-
fore any of these constitutional provisions
can be suspended. It may not be as much
as the Civil Defense group would like, but
at the same time, it certainly does not in-
vade the area of personal rights, but does
provide for two objectives which we sought
at the beginning.
DELEGATE JAMES (presiding) : I am
afraid Delegate Gallagher's time has
expired.
DELEGATE WEIDEMEYER: I move
the previous question, inasmuch as we can
amend the Constitution at any time, I
think, if there is something wrong with it.
DELEGATE JAMES (presiding) : All
in favor of moving the previous question
say Aye; opposed, No.
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The Ayes seem to have it. The Ayes
have it.
The Clerk will ring the quorum bell.
They always do curtail rights, they just
cannot afford to admit it, during emer-
gencies.
DELEGATE SCANLAN: I am sure an-
other reading of this provision will go un-
noticed.
DELEGATE JAMES (presiding) : Dele-
gates will record their votes.
(Whereupon a roll call vote was taken.)
Has everyone recorded their votes?
Delegate Boileau.
DELEGATE BOILEAU: Yea.
DELEGATE JAMES (presiding) : The
Clerk will record the votes.
There being 87 votes in the affirmative,
16 in the negative, the amendment is
adopted.
Are there any further amendments to
the unnumbered section on page 3 as
amended by Amendment No. 11?
The Chair hears none,
The pages will please distribute Amend-
ment K, which will be Amendment No. 12.
Amendment K for "king" will be Amend-
ment No. 12.
The Clerk will read the amendment.
READING CLERK: Amendment No. 12
to Committee Recommendations GP-7, GP-8,
GP-9, GP-12, R&P-1, and LB-3 as amended
by Style Committee Report S&D-17 by
Delegate Marion; On page 2, section 10.03,
Constitutional Convention, strike out all of
lines 47 through 52, inclusive.
(At this point, President H. Vernon
Eney resumed the Chair.)
THE PRESIDENT: The amendment is
submitted by Delegate Marion. Is there a
second?
(Whereupon, the amendment was sec-
onded.)
THE PRESIDENT: The amendment
having been seconded, the Chair recognizes
Delegate Marion.
DELEGATE MARION: Mr. President,
the purpose of this amendment is to delete
from section 10.03 the last sentence, which
relates to submission to the voters of any
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