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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3341   View pdf image (33K)
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[Jan. 6] DEBATES 3341

except to change slightly 4 and 5 to be
"diminution of the salary or pension of
any judge" rather than "diminution of a
judge's salary or pension".

On page 62 in line 36 we used lower
case; we changed some section numbers to
correspond with the section numbers now
in Article 5, I think, correctly. This was
all being done about 1:30 this morning.

THE PRESIDENT: Delegate Hender-
son.

DELEGATE HENDERSON: I just
want to call attention to the misspelling
of the word "diminution" on page 61, line
4.

THE PRESIDENT: Thank you. The
obvious typographical error will be cor-
rected.

Delegate Cardin.

DELEGATE CARDIN: On page 60,
line 13, the "a" in brackets appears to be
in italics. Is that correct?

THE PRESIDENT : That is a change,
move the "a" from after the word "ex-
cept" to before the word "except".

Delegate Gill.

DELEGATE GILL: On page 61, is that
section 33 instead of 32?

DELEGATE PENNIMAN: Cost of ju-
dicial system?

DELEGATE GILL: No, clerks of trial
courts. Will that number stay the same?

THE PRESIDENT: 32:

DELEGATE GILL: You made a change
in 5.35. That does not refer to that?

THE PRESIDENT: I am not sure that
I follow you.

DELEGATE PENNIMAN: This is in
section 35?

THE PRESIDENT: No, she is talking
about section numbers on page —

DELEGATE GILL: Pages 36 and 37.
You change the section to 5.33 and page 37
changed to 5.32. Will you exchange those
back when you get now on pages 60 and
61? Will that alter the numbers there?

DELEGATE PENNIMAN: If they
would be in the same order, yes, I suppose
you could alter them.

You see, Mr. Chairman, when I changed
a few moments ago on the floor the posi-
tion of "cost of the judicial system", it

moved the position of the "clerk of the
trial courts" to the last position. I do not
know that it is necessary to change that
one because it is after all in the same gen-
eral category of some of the lesser officers
like registers of wills and of sheriffs, but
there is a change that resulted from this
and page 52, line 44, section 5.33 should
become section 5.32.

THE PRESIDENT: Is there any objec-
tion to modifying the committee's recom-
mendation, page 62, line 44, change 5.33 to
5.32?

Delegate Cardin.

DELEGATE CARDIN: Mr. President,
it was called to my attention by several
delegates that on line 13, page 60, which
I had referred to before, it should be ex-
plained perhaps that the form was changed
and the "a" in parentheses was removed
which actually makes a style change for
the whole section. It was not simply a re-
moval, but the word "except" previous to
that had preceded the "a".

THE PRESIDENT: I am not sure I
follow you.

DELEGATE CARDIN: It changes—

THE PRESIDENT: The change in line
13 was to put the "a" in parentheses in
front of instead of after the word "ex-
cept"?

DELEGATE PENNIMAN: That is
right, but it changed the wording in that.
"Except" was to apply originally to all
of (a), (b), (e), and (d).

THE PRESIDENT: Oh.
Delegate Mudd, is that correct?

DELEGATE MUDD: No, I do not think
so, Mr. President. It is my understanding
that the "except" only applied to those
courts listed in 29 (a) now. Is that your
understanding, Delegate Hardwicke?

DELEGATE HARDWICKE: Yes, this
was an error that was supposed to be
picked up yesterday when Delegate Fornos
presented this and apparently it was inad-
vertently passed over. "Except" is after
the parentheses.

DELEGATE PENNIMAN: We were
asked to do it on the floor. It was simply
picking up what was made clear on the
floor.

THE PRESIDENT: Thank you. Revert
to page 62. There was no objection to the
change in line 44. This will be modified to



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3341   View pdf image (33K)
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