categories to avoid the ambiguity that
might otherwise be present. For that rea-
son, I am informed another delegate has
prepared an amendment, and if this is his
purpose, I suggest that a comma after the
word "laws" would accomplish the pur-
pose, thereby negating any implication
that this limitation might apply. I urge
the defeat of the amendment.
THE CHAIRMAN: Is there any further
discussion? Delegate Henderson?
DELEGATE HENDERSON: Mr. Chair-
man, I suggest the difficulty is in the use
of phrase "at such times", which seems to
refer back to the three preceding sent-
ences or categories.
The insertion of a comma would not in
my opinion clear that up. It is the use of
the word "such" which causes the diffi-
culty. As I understand it, by striking out
"at such times" you would then have the
four categories. If "at such times" remains
there, I would interpret it to limit it not
only to the categories which had previously
been mentioned but implicitly to those cate-
gories requiring the construction of "immi-
nent." In this case it would not be possi-
ble under the amendment as drafted to
call out the militia if, for example, there
were a forest fire or a great earthquake.
The difficulty I find is with the word
"such". I would speak for the amendment
by deleting the words "at such times." It
seems to me the ambiguity is then re-
moved.
THE CHAIRMAN: Delegate Wheatley.
DELEGATE WHEATLEY: Without be-
laboring the point, I would think the inter-
pretation given by Delegate Henderson,
whether the amendment is passed or de-
feated, would accomplish the purpose of
the Committee to categorize four classifi-
cations, and on that particular point, I am
in agreement with him.
THE CHAIRMAN: Is there any further
discussion of the amendment? Delegate
Stern.
DELEGATE STERN: I have a question
to ask you, sir. Will it not be up to the
Committee on Style and Drafting to
change language and make it more flow-
ing so that the sense intended by the Com-
mittee of the Whole will be retained with-
out our saying whether or not a comma
should be inserted, or the like?
THE CHAIRMAN: So long as the in-
tent of the Committee of the Whole and of
the Convention ultimately is clear, the |
Committee on Style and Drafting and
Arrangement could make changes, but
changes of form only. They would normally
hesitate to delete words. They would not
have as much hesitancy in changing punct-
uation, I think. Is there any further dis-
cussion on the amendment? Delegate Boyer.
DELEGATE BOYER: Mr. President, I
understand that Delegate Chabot is going
to have an amendment put in to include
after the word "such" the one word
"other." This would make it "at such other
times" in order to carry out the intent of
the Committee to establish the fourth cate-
gory in this proposal. For that reason and
with the anticipation that this amendment
will be forthcoming, I would have to be op-
posed to this particular amendment.
THE CHAIRMAN: Is there any further
discussion? Delegate Chabot.
DELEGATE CHABOT: I had prepared
and had intended to offer such amendment.
In view of Judge Henderson's comments,
I think that the appropriate method of ob-
taining the result that I want and evidently
that the Chairman of the Committee and
many others here want, would be to ac-
cept that part of Amendment No. 4 which
is now before us.
THE CHAIRMAN: Is there any further
discussion on the amendment? Delegate
Lloyd Taylor.
DELEGATE L. TAYLOR: I would like
to speak in behalf of the amendment. 1 be-
lieve the words "at such times" are super-
fluous. I believe the wording, as Delegate
Bamberger has introduced it, is adequate
and covers the situation.
THE CHAIRMAN: Is there any further
discussion on the amendment?
(There was no response.)
Ready for the question?
(Call for the question.)
The question, as divided, arises on the
adoption of the amendment in line 14 of
page 1 of the Committee Recommendation
GP-I to strike out the words "at such
times." A vote Aye is a vote in favor of
the amendment, a vote to strike out the
words. A vote No is a vote against the
amendment, and leaves the language in
the form presented to the Committee of
the Whole.
Are you ready for the question?
(Call for the question.) |
