DELEGATE CHABOT: I would like to
ask a question of the Chairman of the Rules
Committee with regard to the meaning of
proposed Rule 20A [21]. At the second
reading of a proposal, the proposal will be
before the Convention in the form of a re-
port from the Committee on Drafting, still
an argument, and not before the Conven-
tion in the form of a report from the sub-
stantive committee.
Will the chairman of the substantive
committee have the privileges of a chair-
man of the committee under the Rule
20A [21] at the time of the second reading?
DELEGATE SCANLAN: I think that
would be the intention. I would think the
Chairman of the Committee on Style, if the
report he was presenting would give rise
to substantive questions, would defer to the
chairman of the original substantive com-
mittee from which it came. and he would
stand in the shoes of the Chairman of the
Committee of the Whole and would have
the privileges afforded by the rule.
DELEGATE CHABOT: May I ask the
question with regard to Rule 28A [30]. As
I understand it, the Committee on General
Provisions is required to report a schedule
of interim legislation where appropriate,
and I suspect that it is probable that the
committee cannot effectively do its work
until after the Convention has done a sub-
stantial part of its work on the parts of
the Constitution. Was the question of the
status of such a schedule intended to be
also the subject of this November 17 time
limit?
DELEGATE SCANLAN: Let me put it
this way. That issue was never presented
to the committee in the terms that you have
just stated it. I for one certainly take the
position that since the Committee on Gen-
eral Provisions can hardly prepare a sched-
ule if it has nothing else before it, that
obviously the rule was not intended to reach
them; but I think on the other hand, you
would not want to draft the rule with the
general exemption in favor of the Commit-
tee on General Provisions, because they
have other substantive work to do, too; so
I would suggest for a while that we leave
the rule as proposed, and maybe draft some
language. After all, the Committee on Rules
will be here for the next 90, perhaps 120
days. It is not a matter that we have to
reach today, since it will be a tail end
matter. Obviously, I would think in that
case, an affirmative vote of the majority
of delegates would entertain a report from
the Committee on General Provisions deal-
ing with the schedule, but I agree with |
you, let's make it clear; but I think we can
do that with careful language as a further
amendment to Rule 28A [30]. I agree with
you, the intent of this rule as it now stands
is not to preclude a belated report from
the Committee on General Provisions deal-
ing with the schedule. Does this answer
your question?
DELEGATE CHABOT: Yes, sir, and as
to Rule 37 [39], would the Chairman ex-
plain the reason why a limitation, a motion
to make a limitation under that rule must
be made before a proposal is taken up?
DELEGATE SCANLAN: Well, in order
to have some order in the proceeding, these
proposals in the Committee of the Whole
will be on the general order agenda, I be-
lieve it is called, either general or special
orders; so there will be time in advance to
know what is coming up. The Chairman of
the Committee on the Calendar will be the
man most conversant with that schedule,
and it is possible, I suppose, that a pro-
posal could suddenly come out that had
not been anticipated, and no time to plan
a debate limitation or a time limitation, but
that could be dealt with in the Committee
of the Whole. They would have the power
to deal with it.
THE PRESIDENT: Are there any
further questions of the Chairman of the
Committee? Delegate Rybczynski?
DELEGATE RYBCZYNSKI: Mr. Presi-
dent, I would like to ask a question con-
cerning the amendment to Rule No. 28. It
occurs to me that because of the impor-
tance of these reports, that this rule is a
very good one. However, it occurs to me
that minority reports will likewise be very
important for the future.
In the event that a delegate finds him-
self in a minority at the last minute on
November 17, for instance, will there be
an opportunity at a later date under these
rules to submit a minority report for the
consideration of the Convention?
DELEGATE SCANLAN: I believe that
a previous rule, I will turn to Rule 28 [29]
as it now stands which provides that the
report of a minority of at least 20 per cent
of the members of any committee shall be
received, printed in the same manner as
the majority report and treated as an
amendment or substitute.
So if there is a minority of 20 per cent,
it is a guarantee of a written report, which
hopefully would also contain the reasons
for the minority's position. Although Rule
28 [29] would not guarantee that the re- |
