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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3177   View pdf image (33K)
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[Jan. 3] DEBATES 3177

after December 3, 1891. If you take advan-
tage of old privileges which you may have
had before, but had never taken advantage
of, you are still protected.

With this language we have made a
change in that. If the matter is not con-
sidered important by the Chairman of the
Committee, I will not press it any further,
but I will insist that we are making a
change by the addition of these words.

We are not putting things precisely as
they are in the present Constitution, and I
think it is wrong to state that we are doing
it when in fact we are not.

THE PRESIDENT: Is there any fur-
ther discussion?

Delegate Harry Taylor.

DELEGATE H. TAYLOR: Mr. Presi-
dent, would it be in order for me to move
the previous question?

THE PRESIDENT: It would.
DELEGATE H. TAYLOR: Then I do.
THE PRESIDENT: Is there a second?
(The motion was duly seconded.)

THE PRESIDENT: The question arises
on the motion to order the previous ques-
tion on the adoption of Amendment No. 3.
All in favor signify by saying Aye. Con-
trary, No. The Ayes seem to have it. The
Ayes have it, and it is so ordered.

The question arises on the adoption of
Amendment No. 3. Amendment No. 3 not
yet printed, is to amend section 9.06 by
adding in line 34, after the word "that",
the words "are now or". 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?

The Clerk will record the vote.

There being 92 votes in the affirmative,
and 5 in the negative, the motion is carried
and the amendment is adopted.

Delegate Gallagher, we have been unable
to locate Delegate James.

This is the last thing under this article.
I think we will have to return to Amend-
ment No. 2.

DELEGATE GALLAGHER: I think
there has been a good deal of discussion
heretofore. I will not impose myself fur-

ther upon the Convention. The object of the
Committee, I think, is quite obvious. We
debated this thing, we had a heated and
spirited debate, and it was decided we
should have this particular section.

I think that it will be a valuable addi-
tion to the constitution. I urge the adoption
of the amendment.

THE PRESIDENT: Is there any fur-
ther discussion? It is Amendment No. 2,
the amendment to section 9.08. This amend-
ment not yet printed, would amend section
9.08 by striking from line 50 on page 2
the word "provide", and substituting the
word "prescribe", striking the word "for"
in the same line, and in line 51, after the
word "and" insert the word "provide", so
that the two lines, 50 and 51, as amended
would read "the General Assembly shall
prescribe by law a code of ethics and pro-
vide for the regulation of conflicts."

Delegate Gleason.

DELEGATE GLEASON: Mr. Chairman,
I have a question of the Chairman of the
Committee.

THE PRESIDENT: Delegate Gallagher,
do you yield to a question?

DELEGATE GALLAGHER: Yes, sir.
THE PRESIDENT: Delegate Gleason.

DELEGATE GLEASON: Delegate Gal-
lagher, as I read this, it states the General
Assembly shall prescribe by law a code of
ethics. As I understand that phraseology,
it means that they shall write out in the
Alpha to Omega language what that code
of ethics stands for. Or is it adequate for
the purpose of this section for them to
provide the standards of the code of ethics,
or just what is contemplated?

DELEGATE GALLAGHER: This sec-
tion, I suggest, contemplates a statement,
an actual setting forth of what shall con-
sist of either ethical or unethical conduct.

THE PRESIDENT: Do you have a fur-
ther question, Delegate Gleason?

DELEGATE GLEASON: Carrying on
Senator James' battle in his absence, as I
understand his point, I think it was well
taken, the Legislative Council has a bill in
the hopper leaving out its provisions with
respect to the rules of both bodies of the
legislature, the establishment of a board
which will have, as I understand it, the
policing power of making sure that this
ethical standard is maintained, and adhered
to. Is this contemplated within the first
part of this provision? The difficulty that I



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3177   View pdf image (33K)
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