come a nonsuspendable type of law, it could
take such appropriate action. As you know,
and as most of people in this room know,
if there is such a proposition that needs
attention immediately, a new bill can be
submitted, with the word, either "emer-
gency" or "nonsuspendable", or whatever
the word is going to be, placed through the
General Assembly, so that there would be
no frustration, simply by insisting that the
public know that it is a nonsuspendable
type of bill being put through.
THE CHAIRMAN: This would be true
possibly except during the last twenty-eight
days, if you had a limitation, where you
had to suspend rules.
The Chair recognizes Delegate Hickman.
Does the delegate wish to speak for or
against?
DELEGATE HICKMAN: I want to ask
a question of Delegate Koss, please.
THE CHAIRMAN: Will the Chairman
yield?
DELEGATE KOSS: Yes.
DELEGATE HICKMAN: Does not a
bill which is an emergency bill in the legis-
lature at the present time have to have
emergency from its inception?
DELEGATE KOSS: No. It can be
amended in the process.
DELEGATE HICKMAN: And you un-
derstand that Delegate Hostetter's amend-
ment would do the same thing?
DELEGATE KOSS: That is one aspect.
THE CHAIRMAN: Is there any further
discussion?
(There was no response,)
Does everyone have a copy of the amend-
ment?
(There was no response.)
The question arises upon the adoption
of the amendment offered by Delegate Hos-
tetter. All in favor say Aye; contrary, No.
The Chair is in doubt.
(A roll call vote was taken.)
THE CHAIRMAN: Has everyone regis-
tered his vote? The Clerk will take the roll.
There being 60 votes in the affirmative
and 62 in the negative, the amendment is
rejected. |
Are there any further amendments to
section 2?
(There was no response.)
THE CHAIRMAN: Now, in the absence
of objection, we will go to section 3 of the
Committee Recommendation S&E-1.
There is a Minority Report by Delegate
Schloeder. The Chair recognizes Delegate
Schloeder.
Does Delegate Schloeder wish to come
forward to make his presentation?
DELEGATE SCHLOEDER: Thank you,
Mr. Chairman, but at this time I am hoping
that Delegate Chabot, who shares part of
this Minority Report, will regain his form
of early Friday when he pitched 15 to
nothing. I know that he did not do as well
later in the afternoon and lost 100 to 15,
but I hope this time he will regain his
early morning form. I will yield to him to
present the Minority Report. Delegate
Chabot will carry the ball for the minority
in this proposal. Will you come forward?
You have fifteen minutes of controlled de-
bate.
DELEGATE CHABOT: This time is not
part of the measured time.
THE CHAIRMAN: That is right. This
time is not controlled.
DELEGATE CHABOT: Mr. Chairman,
fellow delegates, the referendum has been
described variously as a method for engi-
neering popular consent to a provision to
enactment of the legislature, or as a shot-
gun behind the door to keep the legislature
from enacting improper legislation by the
danger of its use, or as a safety valve in
case the public is so disenchanted with an
action of the legislature that they feel they
must have an effective voice to complain
about the action.
In any case, whichever view one takes,
it would appear that the key question in
this is whether or not the referendum pro-
visions are such that the people, and by the
people I mean some significant part, some
in effect mass movement of the people,
have an opportunity to take effective ac-
tion to oppose what the legislature has
done.
At the same time, I believe substantially
all proponents of a legislative procedure
recognizes that the law contains within it
the danger of abuse.
We respectfully submit that the major
potential for abuse, at least as the refer- |
