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but having turned it down on one or two
occasions, seriously, under the new plan,
as I understand it, the judicial judgeships
would be created by statute. On the other
hand, we have a non-political system of
appointing judges now, so really the rea-
son for barring the legislator as a pos-
sible candidate might no longer exist. I
would like your answer to that particular
question.
THE PRESIDENT: Delegate Gallagher.
DELEGATE GALLAGHER: I recognize
the judiciary might be deprived tempo-
ijarily, three years and 364 days, of services
of an able state senator, but it seems to
me a willing governor perhaps might see
to it that the office was not created until
the end of the four-year term, and he could
very nobly succeed.
We know that particular abuse is not
directed solely at filling judicial offices but
other offices where compensation may be
increased. I appreciate you are not a mem-
ber of the judiciary, because you do such a
great job in the Senate.
THE PRESIDENT: Delegate Marion.
DELEGATE MARION: Could this sec-
tion be said to be construed to prevent the
appointment if a vacancy should occur in
the office of lieutenant governor, of any
member of the General Assembly from
being appointed by the governor to fill
that vacancy if the compensation for that
office had been increased during that term?
THE PRESIDENT: Delegate Gallagher.
DELEGATE GALLAGHER: Yes.
THE PRESIDENT: Are you ready for
the question?
Section 3.11 has already been considered
on second reading. Under a suspension of
rules you are now considering a further
amendment to section 3.11 after second
reading by Amendment No. 22. A vote
Aye is a vote in favor of the amendment;
a vote No, a vote against.
Cast your votes.
Has every delegate voted?
Delegate Boileau?
DELEGATE BOILEAU: Yea.
THE PRESIDENT: Delegate Boileau
votes Yea.
Has every other delegate voted? Does
any delegate desire to change his vote?
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(There was no response.)
The Clerk will record the vote.
There being 91 votes in the affirmative
and 12 in the negative, the motion is
carried. Section 3.11 as adopted on second
reading is amended by Amendment No. 22.
We now turn to consideration of the
Report of the Committee on Style, S&D-14.
Before I do that, I overlooked having the
Clerk read into the record Amendment No.
22, just passed. I ask him to read it at this
time.
READING CLERK: Amendment No. 22
to Committee Recommendations LB-1, LB-2,
and LB-3 as amended by Style Committee
Report S&D-16, by Delegates Gallagher
and Gilchrist: On page 4, section 3.11
Limitation of Appointment of Legislators
in line 28 strike out the word "his" and
insert in lieu thereof the word "the"; and
In line 29 before the comma insert the
following: "for which he was elected or
appointed" and in line 32 strike out the
word "his" and insert in lieu thereof the
word "such".
THE PRESIDENT: The Chair now
recognizes Delegate Penniman to present
Report S&D-14.
DELEGATE PENNIMA.N: This is a
distinct pleasure because this is the last
report for second reading.
I also want to say to those of you who
early in the Convention said I had the
dullest job in the Convention, that, as a
result of the last few days, I can assure
you this is not true; it is not by any
means the dullest job in the Convention.
Let me say this article 9 will be General
Provisions, and what we have done is list
the items which will appear there. You
have approved all of those that are there
by name. Only three, then, are here for
consideration at this time. One is Cor-
poration Charters, in which we have in
line 11 removed the "and", and in line 12
removed the comma following the word
"exist", which was the manner in which
the Chairman of the Committee of the
Whole had made the suggestion then at
the time it was considered by the Com-
mittee of the Whole.
There are no further changes at this
point in section 9.08, which was originally
LB-2. It is precisely as it came to us from
the Committee of the Whole.
In section 9.10, which originally had
been GP-10, there are very slight changes
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