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State is going to campaign on. It is an
emotional issue, I am emotional about it,
so is Delegate Kosakowski.
Let us leave it the way it is if you want
to protect what you have done for the leg-
islative and the executive and the judicial.
If you want it all to go down the drain,
just vote to take this provision out.
THE PRESIDENT: Does any other
delegate desire to speak in opposition to
the section?
Delegate Kahl.
DELEGATE KAHL: Mr. Chairman,
may I move the previous question?
THE PRESIDENT: Delegate Sherbow.
DELEGATE SHERBOW: I know it is
not debatable, but the question was put to
me —
THE PRESIDENT: Delegate Kahl,
would you withdraw your motion long
enough to let Delegate Sherbow make a
comment with respect to the question asked
by Delegate Bamberger?
DELEGATE KAHL: Yes, I will.
DELEGATE SHERBOW: When the
proposal came from the Committee, there
was an outright ban on all lotteries. There
was some discussion as to whether those
churches, fire departments and others who
were conducting these lotteries would be
affected.
The chairman of the Committee on Fi-
nance and Taxation gave as his opinion
that that type of bingo operation was not
included in the definition of lottery. There-
after, the proposal from our Committee
was amended and thereafter it turned out
that the Court of Appeal's decision showed
that lottery did not include bingo.
As it stands now, this proposal does
these things. Neither the State nor any
unit of a local government shall operate
or authorize a lottery for the purpose of
financing any expense of government.
I have a great deal of respect for Mr.
Miles, but I did not read Mr. Miles' state-
ment as having the same meaning that
Delegate Bamberger had. As I recall it, it
was something along these lines that it
would not stop the local subdivisions or 'the
State from authorizing private lotteries.
Now if the local subdivisions or the
State are going to allow churches to con-
tinue with bingo, they have already clone
it. They know now it is not included in
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lottery. I could not conceive of local sub-
divisions since they could not raise the
money for themselves authorizing some-
body else to have a lottery for his own
private benefit. I doubt if they would re-
main in office very long. If the state legis-
lature cannot raise money by a lottery for
some so-called educational purpose so that
they would hope the burdens of what the
costs of this constitution would be taken
off the taxpayers and put on other people,
I doubt that they would take that right
and give it to some private organization.
There at least the legislature would know
and so would the subdivision legislatures
know also that they could not give away
the people's rights. I do not conceive it as
having anything like the meaning that has
been suggested with respect to the state-
ment by Mr. Miles.
Mr. Chairman, I have been given the
time solely to answer the question. May I,
and I do not want to ask this except —
THE PRESIDENT: Delegate Sherbow,
I think Delegate Kahl graciously withdrew
her motion so you could answer the ques-
tion. I do not think we should put her to
the task of deciding that she yield further.
DELEGATE SHERBOW: I shall not.
I yield as graciously and a hopefully as
she has.
DELEGATE KAHL: I move the previ-
ous question.
THE PRESIDENT: The question arises
on moving the previous question by which
section 6.17 was not adopted. The vote
now only is on reconsideration. If the
motion carries, section 6.17 will again be
before you. If it fails, it will not.
For what purpose does Delegate Smith
rise?
DELEGATE M. SMITH: Point of order.
The motion before us is a motion to order
the previous question.
THE PRESIDENT: Thank you very
much. The question before us is a motion
to order the previous question. All those in
favor signify by saying Aye; opposed, No.
The Ayes have it. It is so ordered.
The question arises on the motion that
6.17 was not adopted. The motion is to
reconsider. If the motion carries, then 6.17
will be before you. If it fails, then it will
not be before you. A vote Aye is a vote in
favor of reconsideration; a vote No is a
vote against. Cast your vote.
(Whereupon, a roll call vote was taken.)
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