DELEGATE WHEATLEY: Mr. Chair-
man, I am still somewhat confused. I agree
with the principle here. In fact, I planned
to second this original motion to amend.
However, it would seem to me that if we
say "other members of the military of this
State" as Judge Henderson suggests, are
we then suggesting that there is another
class of military of which the governor
might not be in control?
I raise this question to the sponsor be-
cause I am in sympathy with his desire to
clarify. I hope we are not confusing by
this attempt to clarify.
THE CHAIRMAN: Delegate Schneider,
do you yield for the question?
DELEGATE SCHNEIDER: Yes.
It seems to me that at times the gover-
nor could call in part of the national guard,
and send them to some part of the State to
solve a particular problem without calling
in the whole Maryland national guard. At
that time you would have in effect two dif-
ferent militaries. The militia seems to me
to be one phase of the Maryland national
guard while the Maryland national guard
as a whole is bigger than the militia. It
could have its phase of being the Maryland
national guard and its phase of becoming
the militia. I do not see the problem that
Delegate Wheatley sees.
THE CHAIRMAN: In ruling a moment
ago that the amendment was germane the
Chair proceeded upon the assumption that
the military of this State would mean only
a military exercising under and by force
of the laws of this State, and therefore
would not embrace any national guard .ex-
cept to the extent the national guard was
covered under the laws of this State.
If your amendment means other than
that, I would rule it not germane.
DELEGATE SCHNEIDER: Perhaps I
am not quite sure of what the Maryland
national guard is. I thought it was a Mary-
land force of the military. If it is a federal
force we would not have a problem here at
all, but I thought it was a Maryland force,
and it is, as I understand it, established un-
der the laws of the State of Maryland, is
it not?
THE CHAIRMAN: The Chair will rec-
ognize Delegate E. J. Clarke, Chairman of
the Subcommittee on the Militia, for the
hopeful purpose of further clarification.
DELEGATE E. CLARKE: Mr. Chair-
man, ladies and gentlemen of the Commit- |
tee of the Whole, if you refer to the Com-
mission Report, first on page 375, then
back to page 281, the national guard or
the army national guard of Maryland is
not constituted in Article 9, section 1 or 2
of the present Constitution. Back on page
281 we have the section on militia and a
commentary; there is no reference there
either to the Maryland national guard.
Whether the General Assembly has pro-
vided that the national guard is or may be
part of the militia I am not clear on at
this time.
THE CHAIRMAN: Is there any further
discussion?
Delegate Wheatley.
DELEGATE WHEATLEY: Mr. Chair-
man, in light of the confusion that exists,
so that we might not act without full
knowledge of the intent of this amendment,
I again state that I think this is probably
the most difficult part of the entire section.
I would like to know if I would be in order
to make this a special order of business for
tomorrow at the appropriate hour.
THE CHAIRMAN: No. The only motion
I think would be proper would be a motion
for the Committee to rise and report to the
Convention that it has Committee Recom-
mendation GP-I under consideration, and
request the Convention to make it an order
of special business for tomorrow.
DELEGATE WHEATLEY: Mr. Chair-
man, in light of the apparent confusion by
those who desire to accomplish apparently
the same result, I would so move.
THE CHAIRMAN: Is there a second to
the motion?
(The motion was duly seconded.)
THE CHAIRMAN: The Chair would
like to inquire before putting this motion
whether there are any other amendments
already prepared which delegates would in-
tend to offer, irrespective of the present
amendment?
The Chair recognizes Delegate Singer.
DELEGATE SINGER: Mr. Chairman,
there is Amendment No. 12 that has been
prepared and not distributed.
THE CHAIRMAN: Are there any other
amendments?
Delegate Gallagher, do you have another
amendment?
DELEGATE GALLAGHER: I do, Mr.
Chairman. I have Amendment No. 14. It is |
