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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3324   View pdf image (33K)
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3324 CONSTITUTIONAL CONVENTION OF MARYLAND [Jan. 6]

section is open for amendment at which
time you can submit an amendment.

You do not, therefore, have available
now an alternate choice in most instances
of either submitting an amendment or ask-
ing for a division. If you want the question
raised, it would have to be by amendment.
You cannot wait until the article is ac-
tually on final vote and then ask for revi-
sion. The time for amendment will have
expired.

As the Chair indicated several days ago,
when we say that the article is open for
amendment, we do not mean that it is
open for any and all amendments of any
kind. It would not be possible, for instance,
to submit an amendment to add a new
section or even to add an entirely new
idea in an existing section because the
Convention rules provide that all proposals,
and "proposal" means anything to be in-
cluded in the constitution, must be first
submitted in the form of a proposal and
then be referred to a committee and then
have the usual treatment of first, second,
and third readings for consideration of
the Committee of the Whole and so forth,
so that the only amendments which are
proper are amendments which are ger-
mane. This is, again, a question in the first
instance for the determination of the
Chair. As I indicated several days ago, the
Chair intends to apply a very strict rule
in determining whether an amendment is
or is not germane. In connection with
amendments as previously announced, the
Chair was inclined not to be too strict on
this issue in order to facilitate discussion.
We are now back on the final vote. We
have to apply the rule strictly so that I
warned you several days ago, and I repeat
now the intention of the Chair to apply
the rule strictly. This does not mean that
if an amendment was offered previously as
an amendment to a section or even after
second reading and was rejected that it
may not be offered again.

It may be offered if it is germane and
if it is not an entire new section or an
entire new thought embodied in the section.
These may not be reoffered. Amendments
to delete language, amendments to change
language, so long as they are germane and
so long as the amendment does not destroy
what is in the section, will be allowed.

The Chair indicates with this degree of
preciseness what its intentions are so that
you may govern yourself accordingly and
so that the Convention may in the final de-
termination act with respect to each of the
rulings of the Chair.

If any delegate either on a call for a
division which the Chair has ruled improper
or which the Chair has ruled proper dis-
agrees, he simply appeals the ruling. The
appeal will be put promptly and as a mat-
ter, of course, the Chair will state very
briefly the basis for the ruling and we will
vote on the appeal. The same will be true
as to any amendment.

If the Chair rules the amendment ger-
mane, it may be appealed. If the Chair
rules the amendment not germane, it may
be appealed so that the final decision is
up to you.

On appeals from the ruling of the Chair,
the Chair is sustained unless it is over-
ruled by a majority of those present and
voting. On the final votes on each di-
vision, as you know, there must be seventy-
two votes. On amendments, the action is
by a majority of those present and voting.

Mr. Parliamentarian, have there been
any points omitted that should be covered?
Are there any questions?

Delegate Boileau.

DELEGATE BOILEAU: Mr. President,
during your announcements two persons
that I hold in great affection have come
into the gallery of the Convention, and I
would like to take this opportunity to intro-
duce them. They are my mother-in-law and
father-in-law, Mr. and Mrs. Martin
Schrott,

(Applanxe.)
THE PRESIDENT: Delegate Ulrich.

DELEGATE ULRICH: Mr. President,
one of the little girls that I failed to intro-
duce when I was on my feet before is Miss
Dorey Barrows. She came in a little later
and I did not see her. I would like the
Convention to welcome her.

(Applauxe.)
THE PRESIDENT: Delegate Hargrove.

DELEGATE HARGROVE: Mr. Presi-
dent, there has been one lady in the gallery
on many occasions during this Convention
who I do not believe has been introduced
to this Convention. She is the wife of one
of the delegates. She is Mrs. David Hark-
ness.

(Applause.)
THE PRESIDENT: Delegate Johnson.

DELEGATE JOHNSON: I have a ques-
tion, Mr. President.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3324   View pdf image (33K)
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