DELEGATE WEIDEMEYER: It has
not been circulated, as far as I know.
THE CHAIRMAN: Just a second, Dele-
gate Weidemeyer. The amendment is now
being circulated. Please mark it Amend-
ment No. 7. The Clerk will read the amend-
ment.
READING CLERK: Amendment No. 7
to Committee Recommendation GP-I, by
Delegate Scanlan and Weidemeyer. In line
13 on page 1 of Committee Recommenda-
tion GP-I, after the word "laws", insert a
comma.
THE CHAIRMAN: Is there a second?
(The motion was duly seconded.)
THE CHAIRMAN: Delegate Weide-
meyer, you may speak to the amendment.
DELEGATE WEIDEMEYER: Mr.
President, and members of the Convention,
this is one of the longer amendments that
has been introduced today, just inserting a
comma on line 13 after the word "laws."
We feel that by the insertion of the comma
it will clarify the meaning and comply with
the intention of the Committee that there
be no doubt about there being four cate-
gories of power.
THE CHAIRMAN: Is there any further
discussion?
(There was no response.)
Are you ready for the question?
(Call for the question.)
The question arises on the adoption of
amendment No. 7 to insert a comma after
the word "laws" in line 13 on page 1 of
Committee Recommendation GP-I. A vote
Aye is a vote in favor of Amendment No.
7. A vote No is a vote against.
All those in favor, signify by saying
Aye; contrary, No. The Ayes seem to have
it. The Ayes have it. The motion is carried
and the amendment is adopted.
Are there any further amendments? The
Chair recognizes Delegate Marion.
DELEGATE MARION: I rise, Mr.
Chairman, to offer Amendment No. 8,
which is presently designated Amendment
No. 8.
THE CHAIRMAN: Just a second. The
amendment is now being distributed. The
Clerk will read the amendment. Will the
Committee of the Whole please come to
order. |
READING CLERK: Amendment No. 8
to Committee Recommendation GP-I, by
Delegate Marion: on page 1 of Committee
Recommendation GP-I, strike out the last
sentence and add "A member of the militia
may be subject to trial by a military court
in this state only for offenses committed
while the member is in actual service."
THE CHAIRMAN: Is there a second?
(The motion was duly seconded.)
THE CHAIRMAN: The Chair recog-
nizes Delegate Marion to speak to the
amendment.
DELEGATE MARION: Mr. Chairman,
the purpose of the amendment is to clarify
what seems to me either an ambiguity in
the last sentence of the Committee's rec-
ommendation or a misinterpretation which
could well be put on the language of that
sentence. Its purpose is to indicate that
"when in actual service" refers not to the
time when the member may be tried but
to the offenses for which he may be tried.
As I understood the Chairman of the
Committee in answer to a question earlier,
it was this which he indicated the Com-
mittee had in mind when it reported out
Recommendation GP-I.
THE CHAIRMAN: Is there any further
discussion? The Chair recognizes Delegate
Ritter.
DELEGATE RITTER: I would like to
ask a question of the maker of the amend-
ment. In your opinion, do you feel this
would cover any offense committed while
the man was in training?
THE CHAIRMAN: Would you repeat
the question?
DELEGATE RITTER: Would it cover
any offense during the time a man is in
training, say the night the national guard
meets?
DELEGATE MARION: It incorporates
only the language which the Committee
recommends, which is when in actual serv-
ice. 1 confess I am somewhat at a loss to
explain what that means either in the Com-
mittee Recommendation or here. There was
some discussion whether it should be "ac-
tive duty" in the last line. My purpose is
just to restructure the sentence so that it
provided for the time of the commission of
the offense rather than the time of the
trial.
THE CHAIRMAN: Delegate Weide-
meyer. |
