DELEGATE STORM: I have an un-
numbered amendment.
THE CHAIRMAN: Just a second. We
will. see if we can get it for you. Chief
Page.
DELEGATE STORM: This is an ex-
tremely modified Fox amendment, you
might say, a modified Marion amendment.
THE CHAIRMAN: Just a second, Dele-
gate Storm. Is the amendment written,
Delegate Storm?
DELEGATE STORM: Yes, but I will
wait until it is more widely distributed.
THE CHAIRMAN: This will be Amend-
ment No. 9. Please mark your copy as
Amendment No. 9 by Delegate Storm. The
Clerk will read the amendment.
READING CLERK: Amendment No. 9
to Committee Recommendation GP-I, by
Delegate Storm: In line 10 on page 1 of
Committee Recommendation No. GP-I,
after the word "Chief", insert a period and
strike out the remainder of the sentence.
THE CHAIRMAN: Is there a second?
(The motion was duly seconded.)
THE CHAIRMAN: The amendment is
seconded. The Chair recognizes Delegate
Storm to speak to the amendment.
DELEGATE STORM: Thank you, Mr.
Chairman. This approaches the problem
which Delegate Marion previously had rec-
ognized and simply eliminates the trouble
we would have had over providing that the
commander-in-chief shall appoint all the
officers. It appears to me that the uncer-
tainty over whether we meant commis-
sioned or noncommissioned officers, or just
how far down it was meant to go might
cause difficulty. This amendment would
simply allow the legislature to provide for
the details.
In other words, the governor would be
commander-in-chief, and would still have
all other powers outlined in the rest of the
section, and the only other question would
be on the appointment of officers. I suppose
the legislature would say that commissioned
officers: colonels, captains and lieutenants,
would be appointed by the governor and
noncommissioned officers could be chosen
by the commissioned officers and so on.
These details, it seems to me, could be
worked out by the General Assembly better
than this Convention.
THE CHAIRMAN: Is there any further
discussion? Delegate Wheatley. |
DELEGATE WHEATLEY: Point of
parliamentary inquiry, Mr. Chairman.
THE CHAIRMAN: You may proceed.
DELEGATE WHEATLEY: Is it the
ruling of the Chair that this matter has
been dealt with in another amendment or
does he rule this is a different amendment?
THE CHAIRMAN: The Chair would
rule this is not the same amendment. It is
related but not the same amendment and
is therefore proper.
DELEGATE WHEATLEY: In that
case, I would like to speak against the
amendment.
THE CHAIRMAN: You may proceed.
DELEGATE WHEATLEY: For the
same reasons previously stated, I think it is
incumbent upon us not to be vague. When it
comes to the important matter of who shall
appoint the officers of the militia, I think
it is the prerogative of the commander-in-
chief to exercise authority and leadership.
By striking out these words, we are really
abdicating our responsibility to determine
the person responsible for appointing offi-
cers. I suggest for the reasons earlier
stated that the governor should be respon-
sible for the appointment and, therefore,
I urge the defeat of the amendment.
THE CHAIRMAN: Is there any further
discussion? Delegate Weidemeyer.
DELEGATE WEIDEMEYER: I also
rise in opposition to the amendment. While
it is not the same amendment because it is
not by the same sponsor, it looks like a
good attempt to give two bites at the same
apple. We withdrew the apple previously
on the proposal or amendment by Delegate
Fox which would have accomplished the
same purpose that is accomplished by this
amendment. I think we determined the mat-
ter. I am, therefore, opposed to this sec-
ond attempt.
THE CHAIRMAN: Is there any further
debate? Delegate Storm.
DELEGATE STORM: A question of
Mr. Wheatley or Mr. Weidemeyer. Under
the original proposal, how far down the
ladder would the governor go? Would he
appoint warrant officers, staff sergeants,
sergeants, private first class, second class?
DELEGATE WHEATLEY: My inter-
pretation is exactly the word officers as it
would be defined by law. I would go all the
way down to the lowest officer, whatever
that might be. My understanding is that |
