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eral power, but someone else carries it out.
Often the test is whether it ought to be
followed by the words "provide for" or the
words "provide that". The test is not one
that is one hundred per cent clear in every
instance, but it is clear enough that on
some occasions the Committee on Style,
Drafting, and Arrangement did revert to
the word "provide" or we were fortunate
in one or two instances the Convention
missed a "provide" or "prescribe" error
the last time through so we did not have
to go back. I warn you of this because
there will be several instances. I think the
instance before you in 1.13 is one in point.
We are not prescribing in detail a jury.
We are providing for or making it pos-
sible that there be a jury. This "provide
by law for a jury" will be explained by the
methods that are common to it.
The second change in this one is in line
15. That was in line 14. In line 15 it
should be "not less than six nor more than
twelve".
In section 1.16, I am going to try to
cover these a little more carefully than
I did the last time through so that each
of you will see precisely what it is that we
were trying to do. In the section under
Eminent Domain, 1.16, we added in line 38
the word "any", "to any reasonable limita-
tions and restrictions". We think it reads
slightly better.
We did insert Continuity of Government
During Emergencies as section 1.17 and
put it ahead of the final section of 1.18 of
Reserved Rights. I think those are the
only changes in the Rights and Preamble.
THE PRESIDENT: I think we better
take them article by article.
Are there any questions first as to the
style changes in the preamble or in Ar-
ticle 1?
Delegate Henderson.
DELEGATE HENDERSON: Might I
ask a question which involves one of these
"prescribes" which was not changed. It
occurs on page 4, line 47. It seems the
word "prescribe" seems awkward there.
I suggest it should be "provide".
THE PRESIDENT: I think the dele-
gate is quite correct.
I would be very pleased, if anyone who
wants to get into the "prescribe and pro-
vide" game.
Is there any objection to modifying the
recommendations of the Committee so as
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to change the word "prescribe" to the
word "provide" on line 47, page 4?
The Chair hears none. The modification
is made.
Chairman Penniman.
DELEGATE BURGESS: Here we have
a certain connotation of broadness that
was not intended by the Committee of the
Whole.
Will you give us an explanation as to
the intent of the Committee, or what the
Committee feels, if anything, this word
will do in this regard.
THE PRESIDENT: Delegate Penniman.
DELEGATE PENNIMAN: The only
feeling that I sought to suggest is that it
reads better with that. There are several
ways that we could have handled that. It
suggests that reasonable limitations or
restrictions would mean any reasonable
limitations and restrictions. I hold no be-
lief other than a matter of clarity.
THE PRESIDENT: Delegate Burgess.
DELEGATE BURGESS: This word
would be synonomous such as such.
THE PRESIDENT: Delegate Penniman.
DELEGATE PENNIMAN: Yes.
THE PRESIDENT: Delegate Burgess.
DELEGATE BURGESS: It would not
affect a broadening or limiting what we
intended to give to the General Assembly
by way of restricting or limiting language.
DELEGATE PENNIMAN: In no case.
THE PRESIDENT: Any other ques-
tions?
The Chair hears none.
We will proceed to a consideration of
Article 2.
DELEGATE PENNIMAN: We were
working with the staff and the Chairman
of the Committee on Suffrage and Elec-
tions. The first change is the one that is
to be found in lines 26, 27, 28 and 29, which
was merely reworking and trying to make
somewhat more obvious with the assist-
ance of all of us who were there from the
substantive committees and the Committee
on Style the decision of this Convention
which was made as I remember it on
Wednesday in making an amendment to
this section on voters in the national, state,
and county election.
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