speaking, is not appointment of the of-
ficers of the Maryland national guard be-
cause, as I understand it, the Maryland
national guard, as such, if it were called
in as a militia to go into an area might
have other officers. This would not give the
governor power to appoint all officers of
the Maryland national guard all the way
down to second lieutenant, or of any armed
force which he has in the State of Mary-
land.
For that reason and in addition to my
question, I would say the ambiguity in
Amendment No. 5 would cause me to speak
in opposition to it.
THE CHAIRMAN: What is your ques-
tion, Delegate Schneider?
DELEGATE SCHNEIDER: My ques-
tion is: Am I correct in assuming that this
does not give the governor power to ap-
point officers of the national guard? Some
delegates believed that this would give the
governor power over the whole national
guard.
THE CHAIRMAN: Delegate Wheatley,
you may respond to the question.
DELEGATE WHEATLEY: It is my
understanding that the national guard is
merely the organized militia of the State.
Under present definition every able-bodied
man is a member of that militia and also
members of the opposite sex with their
consent. Therefore it would seem to me
that the existing procedure of the gov-
ernor appointing those who serve under
him is both sound from an organizational
standpoint and also sound from the struc-
ture of government which we seek to
espouse.
THE CHAIRMAN: Is there any fur-
ther discussion? Delegate E. J. Clarke.
DELEGATE E. CLARKE: I rise in op-
position and would like to make one point
clear. It is customary in the militia for
the governor to select and appoint the
adjutant general. It is also customary and
common practice for the adjutant general
to recommend to the governor those persons
he wants him to commission as officers.
Acting upon his advice in most cases, the
governor commissions them or, in other
words, appoints them.
THE CHAIRMAN: Is there any fur-
ther discussion? Delegate Fox.
DELEGATE FOX: Mr. Chairman, I
rise in opposition to the amendment and
to ask Delegate Marion if he would accept |
a substitute amendment. There have been
some ten or fifteen ammendments prepared
to the present time. One of them would
end this—
THE CHAIRMAN: State your substi-
tute and we will find out if Delegate
Marion will accept it.
DELEGATE FOX: The General As-
sembly may provide by law for a militia.
The governor shall be its commander-in-
chief—period.
THE CHAIRMAN: Do I understand that
your substitute would be to strike out all
of the Committee recommendation except
the first two lines and the first two words
—sorry—lines 8 and 9 and the first two
words of line 10?
DELEGATE FOX: That is correct.
THE CHAIRMAN: Delegate Marion, do
you desire to respond? I doubt that that is
a proper substitute for this amendment.
DELEGATE MARION: Could I inquire
of Delegate Fox how that would accom-
plish what I am trying to by Amendment
No. 5?
THE CHAIRMAN: I think we would
save time if the Chair rules it would not
be a proper substitute and continue the
discussion on Amendment No. 5. Is there
any further discussion?
(There was no response.)
Are you read for the question?
(Call for the question.)
The question arises on Amendment No. 5
to Committee Recommendation GP-I to
strike out the words "its officers" in Line
10, Page 1 of the committee recommenda-
tion and insert in lieu thereof the words
"such officers as the General Assembly may
by law provide." A vote Aye is a vote in
favor of the amendment. A vote No is a
vote against the amendment. Are you ready
for the question? All in favor of the amend-
ment, signify by saying Aye; opposed, No.
The Noes seem to have it. The Noes have
it. The motion is lost. The amendment is
rejected. Are there further amendments?
The chair recognizes Delegate Fox.
DELEGATE FOX: Mr. Chairman, may
I now offer the amendment which has been
printed as Amendment No. 10 and pro-
vides, as I indicated a moment ago, that
this recommendation would read "the Gen-
eral Assembly may provide by law for a
militia. The Governor shall be its com-
mander-in-chief." |
