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. |