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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 347   View pdf image (33K)
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[Oct [Oct. 31] DEBATES 347
privates first class and sergeants are not
officers in the usual sense of the word and,
therefore, would not be included in the
purview of this word.
THE CHAIRMAN: Delegate Storm.
DELEGATE STORM: I had understood
that non-commissioned officers were officers.
We always classed them that way in the
Navy.
THE CHAIRMAN: Delegate Wheatley.
DELEGATE WHEATLEY: Being an
army man, I cannot speak for the Navy,
but under, usual custom and usage, officers
have never included PFCs, though I was
one at one time. There is a clearcut dis-
tinction in my mind between an officer and
a person not an officer. I suggest you would
be in great difficulty with the army if you
did not know which was which. (Laughter.)
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. 9 to the Committee Rec-
ommendation GP-1. 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 those
in favor, signify by saying Aye; contrary,
No. The Noes have it. The motion is lost.
The amendment is rejected.
The Chair recognizes Delegate Johnson.
DELEGATE JOHNSON: If it is in
order, Mr. Chairman, I would like to move
for reconsideration of the action taken by
the Committee of the Whole on Amend-
ment No. 8 proposed by Delegate Marion.
THE CHAIRMAN: It is in order if the
motion is seconded. Is there a second to the
motion to reconsider the vote by which
Amendment No. 8 was adopted?
(The motion was duly seconded.)
THE CHAIRMAN: Seconded by Dele-
gate Kirkland. You may speak to the
motion.
DELEGATE JOHNSON: Thank you
very much, Mr. Chairman.
What I am concerned about is, first of
all, that there seems to be a very serious
question whether or not the militia in-
cludes the national guard. I happen to feel
it does not. Apparently a majority of the
Committee of the Whole feels otherwise.
But perhaps more important inasmuch as
the proposal before us carries with it a
permissive mandate to the General Assem-
bly to create a militia, I submit that if it
is not created by the General Assembly, the
action that we took with Amendment No.
8 may and probably will preclude or at
least raise a serious constitutional ques-
tion concerning whether or not members of
the national guard can be tried by a mili-
tary court.
I would like to see the Committee of the
Whole reconsider its action in light of the
possibility that we may not have a militia.
THE CHAIRMAN: Delegate Schneider.
DELEGATE SCHNEIDER: Mr. Presi-
dent, I would ask Delegate Marion if he
might withdraw his motion to reconsider
because I have an amendment.
THE CHAIRMAN: You mean Delegate
Johnson?
DELEGATE SCHNEIDER: Delegate
Johnson, if he would withdraw his motion
to reconsider.
I have put forth an amendment to
Amendment No. 8, which I hope would
solve the problem he sees in it. This would
be another way of attacking the problem.
THE CHAIRMAN: If the motion to re-
consider is carried, then Amednment No. 8
would be subject to further amendment.
You could offer your amendment at that
time.
DELEGATE SCHNEIDER: I think it
could be anyway, could it not?
THE CHAIRMAN: What did you say?
DELEGATE SCHNEIDER: Wouldn't—
THE CHAIRMAN: You would still be
able to offer your amendment.
Is there any further discussion on the
motion to reconsider?
The question arises on the motion to re-
consider the vote by which Amendment No.
8 was adopted. A vote Aye is a vote to
reconsider. A vote No is a vote against.
Are you ready for the question?
(Call for the question.)
All those in favor of the motion to re-
consider, signify by saying Aye; contrary,
No. The Noes have it. The motion is lost.


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 347   View pdf image (33K)
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