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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 348   View pdf image (33K)
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348 CONSTITUTIONAL CONVENTION OF MARYLAND [Oct. 31]
The Chair recognizes Delegate Schneider.
DELEGATE SCHNEIDER: Mr. Chair-
man, at this time I would like to offer
Amendment 1 to Amendment No. 8 which
I hope has been distributed. After the word
"militia" in line 3 of Amendment No. 8 add
the words "and other members of the mili-
tary of this State."
This I think would clarify that we are
not —
THE CHAIRMAN: Just a second.
Is the amendment in writing?
DELEGATE SCHNEIDER: Yes, sir.l
have a copy of it.
THE CHAIRMAN: Just a second.
The Chair believes the motion is not in
proper form inasmuch as Amendment No.
8 has already been adopted. Your amend-
ment should be to amend Committee Rec-
ommendation GP-I as amended. May your
motion be restated in that form?
DELEGATE SCHNEIDER: This was
originally the way I had intended. I did
not intend originally an amendment to the
amendment, but for convenience sake I re-
ferred to line 3 of Amendment No. 8,
rather than spell out all the language.
At this time I move that we amend the
adopted section or the so-far amended sec-
tion of Committee Recommendation GP-I
so that after the word—this is difficult be-
cause I do not now what line it is going
to be on when it comes out in print.
THE CHAIRMAN: May the Chair state
the amendment for you?
DELEGATE SCHNEIDER: Please do.
THE CHAIRMAN: I take it the amend-
ment is to amend Committee Recommenda-
tion GP-I 'by inserting after the word
"militia" in the last sentence of the Rec-
ommendation as amended, the words "and
other members of the military of this
State."
Is that your amendment?
DELEGATE SCHNEIDER: Yes, sir;
that is my amendment.
But I am not wedded to the wording of
this amendment.
THE CHAIRMAN: Is the amendment
seconded?
(The motion was duly seconded.)
THE CHAIRMAN: Who seconded it?
Delegate Hutchinson seconded it.
You may speak to the amendment.
DELEGATE SCHNEIDER: Though I
am not wedded to the wording of this
amendment, it seems to me that we had
better spell out clearly that we are not
limiting the power of court martial to the
militia. I still do not believe the militia
necessarily incorporates the Maryland na-
tional guard, or that the Maryland national
guard in all facets is the militia. It seems
to me that the Maryland national guard in
training time might be just the Maryland
national guard and not the militia, and we
ought not remove their right to court mar-
tial.
THE CHAIRMAN: The Chair recog-
nizes Delegate Morgan.
DELEGATE MORGAN: Mr. Chairman,
a parliamentary inquiry. Is not the effect
of this amendment to amend an amendment
that has already been agreed to?
THE CHAIRMAN: The point of order
is well taken, but the Chair incorrectly ad-
vised Delegate Schneider in telling him
that the motion that he wanted to make
could be made either after the motion to
reconsider had carried or at this time.
If the point of order were pressed, I
would have to rule in your favor, but
I think it would be unfair to Delegate
Schneider.
Delegate Henderson.
DELEGATE HENDERSON: Mr. Chair-
man, might I raise another point of par-
liamentary procedure? Since the whole sub-
ject matter of the article which is under
consideration deals with the militia, is it
in order to undertake to legislate or deal
with other subject matter? In other words,
is it germane to the subject under discus-
sion?
THE CHAIRMAN: I take it that your
question is whether the phrase "other mem-
bers of the military of this State" refers
to militia. The Chair is not clear what is
meant by the phrase "other members of
the military of this State."
I would say that the only military of
this State could be the militia. I would,
therefore, rule the amendment germane.
Is there any further discussion?
Delegate Wheatley.


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 348   View pdf image (33K)
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