DELEGATE GALLAGHER: I do not so
interpret it, Delegate Marion. As I read it,
it says any county which is not entitled to
at least one delegate elected completely
within the boundaries of the county—now,
if there is a delegate from the county,
then there is such a county representative.
If the county would not be entitled to a
legislative agent—
DELEGATE MARION: The question
was—
THE CHAIRMAN: Delegate Marion,
the Chair suggests that you pursue the
matter by debate rather than by further
questions to Delegate Gallagher.
DELEGATE MARION: Thank you, sir.
THE CHAIRMAN: Do you desire to
speak in opposition?
DELEGATE MARION: No, sir.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition? Delegate
Bamberger.
DELEGATE BAMBERGER: Mr. Chair-
man, I rise reluctantly to make a point
which Delegate Marion made, and which
Delegate Fornos and Delegate Harkness
made. This provision says that a. county
"which is not entitled" it does not say
"which does not elect"; it says a county
"which is not entitled to have at least one
delegate elected within its boundaries shall"
— it does not say "may" but "shall", and
the effect of this can be that a county, as
Calvert County, which does not have the
number l/120th of the population of the
State within its borders, and therefore is
not entitled to elect a delegate, may in fact
elect a delegate who is a resident of that
county, and would in addition be entitled to
a half-baked delegate, if I may say that, a
non-voting delegate. Now, that is obviously
not fair to other counties which do not
quite fall into that category. I suggest that
this is unfair to the small counties, because
what it offers the neighboring county which
shares their delegate district with that
small county, is the opportunity to say,
"Now, look, we have the votes over here,
most of the votes over here outside of our
county. We are not really hurting you when
we elect the delegate who lives over here
because you are going to get this non-
voting delegate."
If there is sense in this, if there is merit
in having a voice for the smaller county,
as I think there is, I suggest it is solved
best by the Alabama method. Nothing pro-
hibits the General Assembly from giving |
the privilege of the Floor to anybody to
whom is wishes to extend that privilege.
I suggest that this is a matter to be
referred by this Convention to the General
Assembly, which it may more easily con-
sider after the election when it is known
where the delegates come from. If it finds
that there are counties which do not have a
resident delegate, the General Assembly
may then consider creating a position of
a legislative agent and by some process of
election or appointment, give the privilege
of the floor to someone from that "unrepre-
sented county" which is not in fact unrep-
resented, but which merely does not have
within its boundary a resident delegate.
THE CHAIRMAN: Does any delegate
desire to speak in favor of the amend-
ment? Delegate Gleason?
DELEGATE GLEASON: Mr. Chairman,
I wonder if I could address an inquiry to
the Chairman of the Committee, please?
THE CHAIRMAN: To Delegate Gal-
lagher?
DELEGATE GLEASON: Yes.
THE CHAIRMAN: Delegate Gallagher,
do you yield to a question?
DELEGATE GALLAGHER: Yes.
THE CHAIRMAN: Delegate Gleason.
DELEGATE GLEASON: I wonder in
order to clear up the objection that has
been raised here, and I think that it is
with some substance, whether the delegate
would not accept an amendment to his pro-
posal which in effect would say as follows:
"The General Assembly shall provide by
law that any county which does not have
elected at least one delegate completely
within its boundaries, shall be entitled to a
non-voting legislative agent in the House
of Delegates."
DELEGATE GALLAGHER: Yes, I
would, and as a matter of fact, there was
an amendment prepared by Delegates Ritter
and Grant which reads as follows: "The
General Assembly shall provide by law for
each county which does not have a delegate
residing within its boundaries to be repre-
sented in the House of Delegates by a
legislative representative.
I certainly would urge, if it be the will
of those two delegates, that they submit
this amendment as a substitute for the one
which you have before you, which I think
goes to answer Mr. Bamberger's objection. |
