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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3333   View pdf image (33K)
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[Jan. 6] DEBATES 3333

You will note in the titles of 4.18 and
4.19, we have deleted the words "of At-
torney General", the same change described
above about the election process.

In line 25, we put in the subtitle of comp-
troller, and under that 4.20, 4.21, and 4.22
is the same problem as in the case of the
governor and attorney general, it is the
election process.

In section 4.23, we inserted "Tie Votes"
rather than "Tied Elections." In line 27
under Salaries, we changed the place of
the word "be" and put it after "shall
neither be increased nor decreased." It
makes no difference.

Administrative organization is a new
heading. We have sections 4.25, 4.26, 4.27,
4.28, 4.29. Page 26, we change simply the
position of the words "by law", line 5,
from before to after "may prescribe"
which is the way that we generally did it.

There are no changes in the new 4.30
or 4.31.

THE PRESIDENT: There are two slight
changes in 4.30, in line 22 and line 24. You
change the position of the word "so".

DELEGATE PENNIMAN: Yes, and it
is an important change to make very clear
that all this shall be done "so that the
governor, immediately upon taking office
following election, may appoint at least
one-half". It should have been where we
put it in line 24 since that was the func-
tion of all this change.

We removed "to come in" after "Senate".
We can see no change in 4.22, 4.23, 4.24,
and 4.25. We inserted the subhead.

DELEGATE MENTZER: In section 4.19
and 4.22, I suggest a comma after the word
"thereafter" in order to be consistent with
section 4.05.

THE PRESIDENT: What line in 4.19?

DELEGATE MENTZER: Line 14, in
4.19, and line 53 of 4.22. Referring back to
section 4.05 at line 47, "thereafter" comma.

THE PRESIDENT: Do you wish to
make the modification?

DELEGATE PENNIMAN: All right.

THE PRESIDENT: Is there any objec-
tion to modifying the report of the Com-
mittee to add the comma after the word
"thereafter" and also again on the same
page?

Delegate Sybert, do you object to the
change?

DELEGATE SYBERT: No, I do not.

THE PRESIDENT: The change will be
considered as having been made and the
report modified.

Delegate Sybert.

DELEGATE SYBERT: Mr. Chairman,
in section 4.19 dealing with the Attorney
General in line 48, I think the "or" should
be changed to "and". In practice, of course,
the attorney general appoints one deputy
and a number of assistants. I think that
"or" should be changed to "and" because
actually it has both.

THE PRESIDENT: Delegate Penniman.

DELEGATE PENNIMAN: This is the
way it came to us from the floor. I suppose
one might interpret that as a substantive
change.

DELEGATE SYBERT: I think the
drafters of the section actually amend
"and" because they did not mean to depart
from the time-honored and long-continued
custom of having at least one deputy and
a number of assistants. In actual practice
for many years we have had both, one
deputy and a number of assistants.

THE PRESIDENT: Delegate Sybert, I
am not sure of this, but I faintly recall
some discussion of the Committee of the
Whole about this and the suggestion was if
you said "and" it might look as though the
legislature would be required to prescribe
the vote.

Delegate Sybert.

DELEGATE SYBERT: I do not think
it makes too much difference.

THE PRESIDENT: Are there any fur-
there questions as to Article 4?

The Chair hears none.
Article 5.

DELEGATE PENNIMAN: Article 5,
section 5.02. We changed the title again.

Line 32 in 5.03 we changed "prescribe"
back to "provide."

Section 5.04, we reduced the length of
the title.

In section 5.06, we reduced the length of
the title and the same in 5.07. In 5.08 and
5.09 we did the same. The same for 5.10
and 5.11. The same for 514. No changes
in the intervening ones. No changes in
5.15; none in 5.16. None in 5.17.

In 5.18, in line 28, we struck the word
"such" because it did not seem to us that



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3333   View pdf image (33K)
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