and in some cases attempt to take charge
of events, it is wise to protect people
against the possibility of undue assumption
of authority by a potential man on horse-
back. It is unfortunate that the explana-
tory notes offer no comment or reason why
the word "shall" was changed to "may",
or why the position of adjutant general
was eliminated.
These two omissions in the explanatory
note could be due either to carelessness or
to intent and either would be unfortunate.
The minority respectfully requests the Con-
vention to restore the word "shall" and to
include the naming of an adjutant general
in the draft. In the language of the law-
yers, res ipsa loquitur, the thing speaks
for itself. Thank you.
THE CHAIRMAN: Are there any ques-
tions of Delegate Pullen, spokesman for
the minority, for the purpose of clarifica-
tion of the Minority Report? Delegate
Gleason.
DELEGATE GLEASON: I wonder if
the delegate could advise me, if he knows,
how many state constitutions have the
word "shall" rather than "may."
DELEGATE PULLEN: I do not know
and I do not think it makes too much dif-
ference. I hope you will excuse me. I do
not mean that to be impolite. I do not
know.
THE CHAIRMAN: The answer to the
question was that Delegate Pullen did not
know and did not think it made too much
difference.
DELEGATE GLEASON: You mean to
the former minority group?
DELEGATE PULLEN: I beg your par-
don?
DELEGATE GLEASON: You mean to
the former minority group now become the
majority? I thought this was one of the
points of your report, that there was a
great feeling with respect to that word.
DELEGATE PULLEN: We had seven,
now we have nine, that want to use the
word "shall" instead of "may."
DELEGATE GLEASON: I am getting
your point slowly. Let me ask one more
question. 1 realize that the delegate cannot
speak for all of the members of the ma-
jority at this particular time, but would
he hazard a guess as to the sentiment of
the present majority if this language were
restricted a little more severely to provide |
that the General Assembly shall provide by
law for a state militia and its governor
shall be its commander-in-chief—period.
DELEGATE PULLEN: I find no fault
with the present language. It is shorter,
and is taken from the present Constitu-
tion. It has served pretty well and carries
out the purpose for which I think we agree.
By the way, all nine of us signed this.
THE CHAIRMAN: Are there any
further questions of Delegate Pullen for
purposes of clarification? Delegate John-
son.
DELEGATE JOHNSON: Mr. Chairman,
would it be in order to ask the Chairman
of the Minority Report to recite for us the
militia provision or militia proposal exactly
as the minority has decided it should read.
DELEGATE PULLEN: 1 intend to pre-
sent that in the form of an amendment. It
is very simple. The word "may" becomes
"shall" and the words "adjutant general"
are added. Very simple, very easy.
THE CHAIRMAN: Are there any
further questions of Delegate Pullen for
the purpose of clarification?
(There was no response.)
If not, you may return to your seat and
the Chair will recognize you for the pur-
pose of submitting an amendment. The
Chair recognizes Delegate Pullen.
DELEGATE PULLEN: Mr. Chairman,
I would like to present a recommendation
for amendment, and 1 apologize to my col-
leagues in the minority for my legislative
ineptness. All the names should be in-
cluded on the amendment, but somehow
they were left off. I feel a little lonesome.
In line 8—
THE CHAIRMAN: If you will send the
amendment forward the Clerk will read it.
DELEGATE PULLEN: Yes, sir, the
second one, changing the word—I am not
sure I am quite proper, Mr. Chairman. If
you will correct me and tell me what; to
do, I will do it.
THE CHAIRMAN: I take it that you
are offering Amendment No. 1 to Commit-
tee Recommendation GP-I.
DELEGATE PULLEN: And Amend-
ment No. 2.
THE CHAIRMAN: At this time we will
take Amendment No. 1. The Clerk will read
the amendment. |
