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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3315   View pdf image (33K)
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[Jan. 5] DEBATES 3315

investigators, as you know, and as Mr.
Lloyd Taylor well knows, resort to many,
many deviations, if you please, in order to
determine whether or not there is an em-
ployable male in the home.

THE PRESIDENT: Delegate Carson.

DELEGATE CARSON: Well, Delegate
Bennett, this amendment does not go to
those words. We have already passed on
that unanimously, I believe, and that is go-
ing to be up to the courts to decide what
they mean.

This amendment does not go to those
words at all. It does not affect them in the
least.

THE PRESIDENT: Any further dis-
cussion?

Delegate Kiefer.

DELEGATE KIEFER: Delegate Car-
son asked me about this also. It was my
understanding that the original section was
offered because it was felt that perhaps
section 1.03, the due process and equal pro-
tection clause, may not have gone so far
as to cover all of these agencies; but if
there is any doubt about it, it seems to me
it should be conclusive, and we would con-
cur in this amendment and hope that it be
passed promptly.

THE PRESIDENT: Any further dis-
cussion?

Are you ready for the question?
Delegate Willoner.

DELEGATE WILLONER: Mr. Chair-
man, I do like this principle, but I must
say to be thrown in on us at this last mo-
ment, it does give us some worry. It ap-
pears to me that the original was put in
because we were providing in the legisla-
tive article for legislative inestigations that
apparently, as I remember Delegate Gal-
lagher saying, we had not permitted be-
fore. They wanted to avoid the kind of
thing that happened in Congress where
witnesses were abused. But this applying
to all governmental units created a com-
pletely new right, a right my questions to
some of the delegates has indicated might
create some problems.

Everybody is in favor of fair hearings,
and I certainly am, but the question really
becomes how this is operable, whether it
would apply as he indicated to a bar asso-
ciation hearing, whether that would require
open hearings or closed hearings, or
whether a grievance committee had to meet
in the open. There is just no limit to what

might be involved in a provision like this,
and I find it somewhat scary for that rea-
son, and I would have to vote against it.

THE PRESIDENT: The Chair thinks it
might be desirable to read the entire section
as it would read when amended. It would
read : "No person shall be denied the right
to fair and just treatment in any investi-
gation conducted by the State or by any
unit of local government or by any of their
departments or agencies."

Is there any further discussion?
Are you ready for the question?
The Clerk will ring the quorum bell.

The question arises on the adoption of
Amendment No. 17 to the draft constitution
S&D-9 as revised on second reading. 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 83 votes in the affirmative
and 9 in the negative, the motion is carried
and the amendment is adopted.

Delegate Wagandt, do you desire to make
a motion at this time?

DELEGATE WAGANDT: Mr. Presi-
dent, I believe it is Mr. Macdonald who will
make that motion.

THE PRESIDENT: Very well.
Delegate Macdonald.

DELEGATE MACDONALD: Mr. Presi-
dent, after consulting with several of my
colleagues and giving this matter very seri-
ous consideration, I think we prefer not to
make the motion at this time.

THE PRESIDENT: Very well.

Delegate Moser, do you desire to offer
your Amendment B?

DELEGATE MOSER: If the Chair will
bear with me just one moment, I would like
to consult with Delegate Macdonald.

THE PRESIDENT: Very well.

DELEGATE DELLA: Mr. President,
during this lull I have a parliamentary
question or inquiry-
Will there be a withholding statement
given for the income that was earned in
1967 before we leave here?



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3315   View pdf image (33K)
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