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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3168   View pdf image (33K)
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3168 CONSTITUTIONAL CONVENTION OF MARYLAND [Jan. 3]

of procedure where double jeopardy might
apply, so I think it is useful to have this
clause in the Constitution.

THE PRESIDENT: Delegate Case.

DELEGATE CASE : Since this is a style
amendment, could I move in line 30 that
the words "shall be liable" be stricken, and
in their place there be inserted the words
"may nevertheless be subject"?

THE PRESIDENT: Is there any ob-
jection to considering the amendment pro-
posed by Delegate Case, notwithstanding
the fact it is not printed?

The Chair hears none. It will be Amend-
ment No. 1, to strike from line 30 on page
3 the words "shall be liable" and to substi-
tute in lieu thereof the words "may, never-
theless, be subject".

Is there any further discussion?
Delegate Miller.

DELEGATE B. MILLER: Mr. Chair-
man, could we possibly not split the verb,
firstly?

Secondly —

THE PRESIDENT: Delegate Case,
would you modify your amendment to say
"nevertheless may be subject"?

DELEGATE CASE: I would be glad to,
Mr. President.

THE PRESIDENT: Is there any ob-
jection?

If not, the amendment is modified and
now reads "nevertheless may be subject".

Is there any further discussion?
Delegate Penniman.

DELEGATE PENNIMAN: None on that
issue, but if I might go back to 9.06 —

THE PRESIDENT: Let's act on this.

DELEGATE PENNIMAN: This is all
in one unit.

THE PRESIDENT: The question arises
on the adoption of Amendment No. 1, to
strike from line 30 on page 3 the words
"shall be liable" and insert in lieu thereof
the words "nevertheless may be subject."

A vote Aye is a vote in favor of the
amendment. A vote No is a vote against.

Cast your vote.

Has every delegate voted? Does any dele-
gate desire to change his vote?

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

There being 102 votes in the affirmative
and I vote in the negative, the motion is
carried and the amendment is adopted.

Delegate Penniman.

DELEGATE PENNIMAN: If we can
return to section 9.06, page 2, line 35, Dele-
gate Gilchrist pointed out we probably do
not need a capital A in Act. May we lower
case that?

THE PRESIDENT: Is there any ob-
jection to considering the committee rec-
ommendation modified so in line 35 on page
2 the word "Act" is put in lower case?

There is no objection. The modification
will be made.

Delegate Mentzer.

DELEGATE MENTZER: I believe I
found two more. There is "Laws" in line
10 and line 12.

THE PRESIDENT: Yes. The same mod-
ification in line 10, lower case "1" in
"Laws"; and in line — what was the sec-
ond one, Delegate Mentzer?

DELEGATE MENTZER: Line 12.
THE PRESIDENT: And in line 12.

If there is no objection, the modification
will be made.

Delegate Marion.

DELEGATE MARION: While we are
working on styling over on the floor I
wonder if the meaning of "elected", speak-
ing of section 9.08, "Conflict of Interest",
whether the meaning of "all elected officials
of the State of Maryland" is the same as
"elected State officers" in lines 13 and 14
of the section on Impeachment. I suggest
if the intention is the same, that in the
interest of consistency we say in section
9.08 "for all elected state officers".

THE PRESIDENT: Delegate Penniman.

DELEGATE PENNIMAN: It would ap-
pear that the meaning is the same and they
should be, therefore, the same words.

THE PRESIDENT: Is there any objec-
tion to considering the amendments pro-
posed by the committee modified so in line
1, page 3, the word "officials" is changed
to "officers"?

If there is no objection, the modification
will be considered as made.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3168   View pdf image (33K)
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