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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3355   View pdf image (33K)
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[Jan. 6] DEBATES 3355

THE PRESIDENT: Delegate Hardwicke.

DELEGATE HARDWICKE: I only point
out to Delegate Gallagher that there is a
section in the Constitution pertaining to
continuity. It is this section.

THE PRESIDENT: Delegate Gallagher.

DELEGATE GALLAGHER: That is the
purpose of this section, and consequently
it is not necessary to talk about provisions
of this Constitution concerning continuity
because this is the section.

THE PRESIDENT: Is there any dis-
cussion?

Delegate Willoner.

DELEGATE WILLONER: Will Dele-
gate Gallagher yield to a question?

THE PRESIDENT: Delegate Gallagher?
DELEGATE GALLAGHER: Yes.
THE PRESIDENT: Delegate Willoner.

DELEGATE WILLONER: Since we are
striking out the only word in the section
that refers to the continuity, is it not cor-
rect that the legislature could only provide
for the suspension to insure continuity of
government?

THE PRESIDENT: Delegate Gallagher.

DELEGATE GALLAGHER: That is
correct. That is the precise reason for the
section.

THE PRESIDENT: Is there any fur-
ther discussion?

Are you ready for the question?
(Call for the question.)

The question arises on the adoption of
Amendment No. 1 to Committee Report
S&D-18.

A vote Aye is a vote in favor of the
amendment; a vote No is a vote against.

Cast your vote.
Has every delegate voted?

Does any delegate desire to change his
vote?

(There was no response.)
The Clerk will record the vote.

There being 115 votes in the affirmative
and 5 in the negative, the motion is car-
ried. The amendment is adopted.

Are there any amendments to Article 1?

The Chair hears none.
Are there any others?
The Chair hears none.

Article 2 is now open to amendment. Are
there any amendments?

The Chair has none.
Delegate Byrnes.

DELEGATE BYRNES: Mr. Chairman,
I do not have this in writing unfortunately.
I just noticed, this borders on a style
amendment, but I would like to offer it at
this time, if I might.

THE PRESIDENT: State the amend-
ment.

DELEGATE BYRNES: The amendment
would be to section 2.01, page 5, line 32,
after the word "district" add the following:
"in which that officer section election".
Then continue on to the end of that sen-
tence. The point of the amendment if I
may —

THE PRESIDENT: Just a second,
please. What line was that , Delegate
Byrnes?

DELEGATE BYRNES: It was line 32,
after the word "district", add "in which
that officer section election".

THE PRESIDENT: Delegate James.

DELEGATE JAMES: Mr. Chairman, is
that not understood? Is that not implied in
the language of this section? Is it not use-
less language?

THE PRESIDENT: Delegate Case, may
the Chair ask you a question?

No, I am sorry, that is not the section
you were working on.

Delegate Byrnes, the Chair's hesitancy
is due to the fact that I think the very
change that you have suggested was con-
sidered at some point and was deliberately
rejected for this language on the basis that
it means the same thing as suggested by
Delegate James.

Delegate Koss, can you recall whether
this is true?

DELEGATE KOSS: I am sorry, Mr.
President, my ability at the moment to dis-
criminate what happened at any particular
point to the language is sadly deficient.

THE PRESIDENT: Very well. Is there
any objection to considering, notwith-
standing the fact that it is not printed, an



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3355   View pdf image (33K)
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