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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 75   View pdf image (33K)
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[Sept 15] DEBATES 75
port would be printed, if less than 20 per
cent on a committee are determined to set
forth their views in the form of a report, it
would be done. But this is a guarantee
that if at least 20 per cent want it, you
have the same rights to printing, et cetera;
so there is nothing in our proposed amend-
ment to 28 which would in any way change
that guarantee. As I say, hopefully, even
though we do not deal with minority re-
ports, hopefully the minority reports would
also contain concise written reasons for
their position.
THE PRESIDENT: Delegate Rybczyn-
ski?
DELEGATE RYBCZYNSKI: Continu-
ing the same question, the thing that got
me started thinking about this is the fact
that there was also distributed today a
memorandum called Duplicating Procedures.
As I suggested a little while ago, it might
be at the very last moment that a delegate
will realize that he is of the minority, and
by the time the thoughts are assembled
for the minority group work and by the
time all of these other things are complied
with, November 17 might very well go by;
and it occurred to me that by the addition
of maybe a word or two that we could pre-
vent keeping important views from being
recorded.
THE PRESIDENT: If I may interrupt,
I do not believe, Delegate Scanlan, that your
previous answer was a direct answer to the
question asked. Delegate Rybczynski wants
to know whether or not the effect of Rule
28A [30] will be to fix November 17 as the
final date for the filing of the minority re-
port, not whether it may be filed.
DELEGATE SCANLAN: No. This rule
does not in any way deal with minority re-
ports. This rule very frankly is a proposal
to the committee to get its report before
the Committee of the Whole. It in no way
is a deadline for a minority report. I am
sorry if I was not responsive to your first
question.
THE PRESIDENT: Delegate White?
DELEGATE WHITE: Mr. Chairman, in
order to have some discussion, if there is
a desire on the part of the delegates on the
proposed Amendment No. 5, I object to hav-
ing it excluded at this point, and if I am
in order, I move that the report should be
considered item by item.
THE PRESIDENT: Just a moment. I
think under the rules as they are pres-
ently written, while it is not entirely clear,
the committee may not withdraw a portion
of its report if there is any objection. Since
Delegate White objects, the Chair rules
that the amendment to Rule 5 is before the
Convention.
DELEGATE SCANLAN: Mr. Chairman,
as I read these rules, speaking in terms of
the motion is not speaking in terms of the
committee report. While the report has
been distributed to the Convention, until
it is formally offered by the committee
through me as its chairman, it is really
not before this Convention.
THE PRESIDENT: Mr. Scanlan, you
did not permit me to finish. I was going to
say that the report is before the Conven-
tion. The action that the Convention takes
with respect to the report depends upon
the motions that are made. I will give you
the opportunity to amend the motion that
you did make. May I address an inquiry
to Delegate White?
Did I understand you did prefer to have
the various recommendations of the com-
mittee considered separately?
DELEGATE WHITE: Yes, Mr. Chair-
man.
THE PRESIDENT: I do not know that
this is absolutely necessary, but I think in
the interest of orderly procedure, if any
delegate desires to have the Convention
consider each amendment separately, he is
entitled to have that privilege; and there-
fore, we will take up each one separately.
I recognize first the chairman of the com-
mittee to make such motions as he desires
with respect to the respective amendments
referred to in his committee's report.
DELEGATE SCANLAN: I move that
we table the committee's initial recom-
mendation to amend Rule 5.
DELEGATE DELLA: Second the mo-
tion.
THE PRESIDENT: The motion is not
debatable. Are you ready for the question?
Voting will be by machine. All those in
favor, vote Aye. A vote Aye will table the
motion. It will not be subject to further
discussion or debate unless and until at
some future session it is taken from the
table.
You will have to allow us a moment to
set up the numbers. The question arose as
to whether this was a proposal or resolu-
tion. It is strictly not either. It is a motion.
We have to use the symbolic resolution.
A vote Aye is a vote in favor of tabling.
Have all the delegates voted? Does any
delegate desire to change his vote?


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 75   View pdf image (33K)
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