All those in favor, signify by saying
Aye; contrary, No. The Ayes have it. The
motion carries. The amendment is adopted.
The question now arises on the second
portion of the amendment in line 15 to
strike out the words "may occur" and in-
sert in lieu thereof the words "is immi-
nent." The Chair recognizes Delegate
Wheatley. For what purpose does Delegate
Storm rise?
DELEGATE STORM: I do not mean to
be picayune but the way you read it
sounded right, "times," plural. The way it
is printed sounded wrong, "time", singular.
May 1 rely on the way you read it, "times,"
plural as being the way we have it?
THE CHAIRMAN: There is a typo-
graphical error in the amendment. The
words in the recommendation which are be-
ing stricken are, "at such times", plural.
The Chair recognizes Delegate Wheatley.
DELEGATE WHEATLEY: Would the
proponent of the amendment yield for a
question?
THE CHAIRMAN: Delegate Bamberger,
do you yield for a question?
DELEGATE BAMBERGER: Yes.
DELEGATE WHEATLEY: What is the
intention of the amendment?
DELEGATE BAMBERGER: The inten-
tion of the amendment is to make more
definite the category of the fourth instance
in which the governor may call out the
militia. The declaration now says when
destruction occurs. That seems to me to be
somewhat ambiguous, certainly indefinite.
The intention was to restrict that power
more by requiring the governor to find that
such destruction is imminent, that is more
than a possibility, a probability.
DELEGATE WHEATLEY: The inten-
tion is not only to clarify but to restrict,
is that correct?
DELEGATE BAMBERGER: It is at
least an intention to clarify. It may well
have been that some people thought the
phrase, "may occur" meant imminent, was
a probability rather than a possibility.
DELEGATE WHEATLEY: I speak in
opposition to the amendment, Mr. Chair-
man. It was the view of the Committee, if
I summarize it correctly, after we had dis-
cussed the exact words suggested in the
amendment, "is imminent," that "immi-
nent" connoted immediacy, and that that
might not have been the type of restric- |
tion we wished to place on the governor.
In fact, one member of the Committee, if I
remember correctly, looked up the defini-
tion of the word and we were even more
convinced that the immediacy of the situa-
tion might not be the type of thing we
wanted. "Imminent," as the definition
stated, required something to be on the
precipice. We felt and if I am wrong, any
member of the Committee may correct me,
that "imminent" was too extreme a term,
that hurricanes might be probable or possi-
ble, but might not be "imminent" and that
the governor ought not to have to wait
until the last moment to call out the militia.
This would be too restrictive.
The second part of the phrase "may oc-
cur" was to allow the governor a retro-
spective view in that after some great
damage had occurred in which there had
been no forecast, he might call out the
militia to assist in an after the fact recog-
nition.
Certainly there is no great pride of au-
thorship in the use of the words "may oc-
cur", but the intent of the Committee is
clear, I believe. We wished to give the gov-
ernor latitude when life and property was
at stake so that he would not to have to
wait until the last possible moment to de-
termine if it were imminent but could act
if it were probable or even possible. For
that reason we suggest the words "it may
occur" are too ambiguous. We would cer-
tainly welcome other words, I am sure,
that might be a more clarifying term.
However, the intent is to provide both
prospective and retrospective recognition
of the governor's responsibilities to protect
life and property and for that reason I
must oppose the amendment.
THE CHAIRMAN: Is there any further
discussion? Delegate Malkus.
DELEGATE MALKUS: Mr. Chairman,
having lived in Cambridge in recent years,
there is every reason in the world to vote
against Delegate Bamberger's proposal. If
you can wait until a town is burned down
or a horse is stolen before you take pre-
cautionary measures, then you vote for his
proposal, but in this day and time, when
savagery and violence is among us at all
times, we had better stand prepared, we
had better give the governor, whoever he
may be, the right to go in and maintain
order without making a play on word's.
THE CHAIRMAN: Is there any further
discussion? Delegate White.
DELEGATE WHITE: Mr. Chairman, I
rise to support the amendment that has |
