DELEGATE PASCAL: Will the maker
of the motion yield to a question?
THE CHAIRMAN: To whom is your
question directed?
DELEGATE PASCAL: Delegate Mar-
ion.
THE CHAIRMAN: Does Delegate Mar-
ion yield fora question?
DELEGATE MARION: Yes, I will yield.
DELEGATE PASCAL: When an indi-
vidual is a member of the Maryland na-
tional guard and on the way to a meeting
should he violate the law while in uniform,
would he be prosecuted under a military
court martial or a civil court?
DELEGATE MARION: 1 stand to be
corrected on this, but my understanding is
that it is a part of the military law of the
State, and not of the Constitution, that a
member of the national guard who is on
his way to or from a regular meeting of
the guard is not subject to the civilian au-
thorities.
THE CHAIRMAN: Is there any further
discussion? Delegate Schneider.
DELEGATE SCHNEIDER: Mr. Chair-
man, this problem of whether the Mary-
land national guard may be court martialed
and whether we are taking a right away,
bothers me. I do not think the Maryland
national guard except when the Governor
has called them out as the militia is the
militia. I think that that is only one of
the hats they wear. But when they are in
training and in camp, I think they are the
Maryland national guard, not the militia.
It seems to me before we vote on this
we should consider adding something to the
effect, as in line 3 after the word "militia"
the words, "and other members of the mili-
tia of this State." It would clarify this so
that the national guard or Maryland guard
would have the right to a court martial.
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. 8 as it has been amended
to Committee Recommendation GP-I. As
so amended the amendment on page 1 of
Committee Recommendation GP-I would
strike out the last sentence and add the |
sentence "A member of the militia may be
subject to trial by a military court of this
state"—sorry— new sentence would read
"Only a member of the militia may be sub-
ject to trial by a military court of this
State and then only for offenses committed
while the member is in actual service."
A vote Aye is a vote in favor of Amend-
ment No. 8. A vote No, a vote against the
amendment, as the recommendation is
drafted. All those in favor, signify by say-
ing Aye; contrary, No. The Noes seem to
have it, but the Chair is in doubt and calls
for a roll call. A vote Aye is a vote in
favor of Amendment No. 8. A vote No is
a vote against.
(Whereupon a roll call vote was taken.)
THE CHAIRMAN: Does any delegate
desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 70 votes in the affirmative
and 52 in the negative, the motion is
carried. The amendment as modified is
adopted. Are there any further amend-
ments? Delegate Schneider.
DELEGATE SCHNEIDER: Mr. Presi-
dent, it is my understanding it is not yet
a part of the rules to require printed
amendments. Is this correct?
THE CHAIRMAN: Yes, that is cor-
rect. The Chair at any time can require an
amendment to be in writing as can any
delegate.
DELEGATE SCHNEIDER: This being
a very simple amendment, I would hope
that the Convention will indulge me in
making it orally.
THE CHAIRMAN: Before you do that,
let me ask if there are any other delegates
who have already prepared written amend-
ments? If so, we can proceed to considera-
tion of those while your amendment is
being written. Would that satisfy you,
Delegate Schneider?
DELEGATE SCHNEIDER: It is a very
short amendment and is tacked on to Dele-
gate Marion's amendment. I think it could
be easily handled, however, if that is the
desire of the Chair—
THE CHAIRMAN: If you could write
out the amendment right now, we will not
stop to print it. At least let me have a
written copy. The Chair recognizes Dele-
gate Storm. |
