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but the old Constitution had a provision
that excepted from that prohibition no-
taries public. We made an exception, but
we did not in our draft except notaries
public. We made an exception for those
categories that the General Assembly
might make an exception for so there
would be flexibility in the restriction.
However, we did not put in section 1 on
page 15 that on July 1, 1908, when the
new constitution goes into effect, those who
are notaries public and happen to be mem-
bers of the General Assembly or hold other
offices of profit and trust would be in vio-
lation of the new constitution. We would
have our litigation all over again about
notaries public, so that we preserved the
right of the notary public to have another
office of profit and trust in this section 1
until the General Assembly has an oppor-
tunity to act on ,the subject matter. Dele-
gate Bamberger pointed out we only relate
to an office of profit and not trust.
Suffrage and Elections. When Delegate
Koss presented the suffrage and elections
article she had section 2 in with the pro-
posal. This Convention struck it because
we thought it was not of constitutional
weight. When we struck it, we then struck
out the old constitutional provisions with
regard to what a referendum had to have
in it. We continued the old Constitution in
section 2 so that you would know what a
petition had to look like until such time as
a General Assembly had the opportunity
to pass a statute.
Bear in mind that section 1, section 2,
and all of these sections can be deleted by
the General Assembly by law at any time
on or after July first. These are all sub-
ject to the whim of the legislature.
Section 3 provides for interim provisions
for disqualifications from voting and you
will note that when we strike clown the
old Constitution which we are doing, it
goes out of effect on July 1. We strike out
the provisions that are contained in it
which say that certain persons, these per-
sons that are set out in section 3 to be
exact, cannot vote.
In order to continue that prohibition un-
til the legislature has an opportunity to
act we continued the old Constitution in
effect for one year in section 3. That will
give the legislature an opportunity to set
out additional disqualifications.
Section 4 is also a statutory measure for
the continuance in office of judges who are
required to stand for election, and for
providing the procedure under which a
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judge stands for election. All of this is
statutory in nature, but it was in the old
Constitution.
Bear in mind that we said that all law
in effect on June 30, 1968, continued, but
when we struck down the existing Consti-
tution then we struck down the matters
that are contained in section 4 because it
is in the old Constitution. So that there
would not be a hiatus or a gap we had to
continue these old constitutional provisions
by statute.
In the legislative Branch, section 5, we
provided in accordance with the recom-
mendation of the Committee on the Legis-
lative Branch that the annual salary of the
legislators be $8,000, and we provided that
they would be paid as other state em-
ployees twice a month.
At the present time, the legislature is
paid four times a year. The reason for
that is that when their salary is increased
to ,$8,000 it seems more reasonable to pay
them more frequently and also it may be
of some assistance to the comptroller on
finances because he can pay them at the
same time he pays other state employees.
Section G continues the present method
of filling vacancies which occur in the
legislature because obviously if a vacancy
occurs this summer after the constitution
goes into effect, there would not be any
procedure, and we have to continue the
present vacancy until the legislature has
had an opportunity to act.
Section 7 is a provision of the old Con-
stitution that states the manner in which
a law is passed and how it is presented to
the governor, etc. It is a continuation of
an old constitutional provision.
In section 8, as President Eney explained
to you earlier, there is this provision with
regard to the salary of the governor. It
must be in here because the present Con-
stitution has the constitutional provision
permitting his salary at $25,000 and we
felt that we had to include a salary pro-
vision. He is paid in the same manner as
the General Assembly.
Section 9 is a continuation of the present
constitutional provisions with regard to the
governor's appointment of officers in the
State.
Section 10 is the same.
Section 11 continues the constitutional
provision with regard to the secretary of
state.
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