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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3325   View pdf image (33K)
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[Jan. 6] DEBATES 3325

Will the delegates have an opportunity
to place a final vote on the entire Consti-
tution together?

THE PRESIDENT: Yes, I am very
sorry that I omitted that. In accordance
with the enabling act and with the rules,
we will submit the entire document, pre-
amble, constitution, and schedules, for one
final vote. This does not seem to be re-
quired by strict interpretation of the en-
abling act or the rule or the attorney gen-
eral, but the Chair will put the final in-
strument to a vote.

Are there any other questions?
Delegate Grant.

DELEGATE GRANT: Mr. President, if
at some point while you are going through
a constitution, a delegate discovers what
he either believes to be or is a typograph-
ical error, what is the proper movement to
bring it up?

THE PRESIDENT: Please call it to the
attention of the Chair at that moment.

Delegate Burg-ess.

DELEGATE BURGESS: Mr. Chairman,
in reviewing1 the draft here, there are cer-
tain words apparently inserted by the
Style and Drafting Committee.

THE PRESIDENT: I am sorry. I did
not mention that. I had too many things
on my mind. The first matter will be the
amendments proposed by the Committee on
Style. This will be the first consideration
before we consider the entire constitution.

Are there any other questions?

I think probably, Delegate Grant, that
that would be the better time to call atten-
tion to typographical errors, while the re-
port of the Committee on Style is being
presented.

If there are no other questions, the Chair
requests that Delegate Penniman present
the report of the Committee on Style,
Drafting, and Arrangement. This is Re-
port S&D-18.

DELEGATE DELLA: Mr. President.
THE PRESIDENT: Delegate Della?

DELEGATE DELLA: Mr. President,
while the Chairman is going to the ros-
trum, I would like to have Delegate Armor
and Delegate Gilchrist leave Annapolis
with honor, and, therefore, I must recog-
nize their wives in the balcony; otherwise,
I am afraid they may not be allowed to go
home. Mrs. Armor and Mrs. Gilchrist.

(Applause.)
THE PRESIDENT: Delegate Penniman.

DELEGATE PENNIMAN: Mr. Chair-
man, there are very few changes made in
this version of the work of the Committee
on Style, Drafting, and Arrangement.

There are, as I will note, one or two
failures on our part. One is a failure of
omission where we failed to make a change
which should have been made and one is a
failure of commission where we made a
change that should not have been made.

It is evident that even with a full Com-
mittee and with the best will in the world
and with the assistants that we had on at
least some of the sections of the staff,
advisor of the substantive committee, or by
the committee chairmen, that one can make
what is in retrospect a terribly obvious
error and I will note that one when I
come to it in Article 3. There is also an
error of commission in Article 5 which
I will note.

I think that we have not made any other
changes or failed to make changes except
as we intended to do. It may be as we dis-
cuss this that you will find other errors of
omission in our work.

If we turn then to the preamble and to
Article 1, there are no changes from the
last version to section 1.08, and in section
1.08 under the heading of removal of
criminal cases in line 17, we made the sub-
ject singular. But it was made clear that
it is in a case involving crime punishable
by death, not in a case punishable by
death. There is no change except to clarify
that it is the crime not the case that is
punishable by death. The staff advisor for
the Committee was with us at the time
that change was made. That is in line 17.

And in 1.13 you will find two changes.
The first of the changes is one involving
the words "prescribed" and "provide" and
this is an explanation which I hope will
be clear by the time I get through with it.

In my enthusiasm the other day to fol-
low the suggestions of Delegate Marvin
Smith, we changed all the "provides," to
"prescribed" and everything began to look
good until he began to read some of these
and until the Convention itself in handling
the section on education and in handling
also, as I remember it, the section on con-
flict of interest. So obviously you could not
always use the word "prescribe" where
"provide" had previously been. There are
circumstances where one provides a gen-



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3325   View pdf image (33K)
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