|
sist in the cause of marital harmony, wel-
coming my wife to this Convention.
(Applause.)
THE CHAIRMAN: Delegate Mentzer?
DELEGATE MENTZER: A personal
privilege.
Also in the gallery this morning, there
are 32 students from the Buckingham Ele-
mentary School in Bowie, Prince George's
County, with their teacher, Mrs. Marino.
These boys and girls live a few blocks from
my home and it is always a pleasure to see
their bright and shining faces.
(Applause.)
THE CHAIRMAN : Are there any other
amendments to section 5.01?
(There was no response.)
Any amendments to section 5.02?
Delegate Storm.
DELEGATE STORM: If it is in order,
Mr. Chairman, I would like to move to
strike the word "exclusively" —
THE CHAIRMAN: Has the amendment
been printed?
DELEGATE STORM: I was going to
ask that we use the minority report amend-
ment and just 'strike out everything that
does not pertain to this particular amend-
ment. I would just get rid of the word
"exclusively", which, as Mr. Case said, is
implied anyhow.
THE CHAIRMAN: The rule requires
that amendments be printed. The Chair will
be disposed to ask if there is any objec-
tion to considering the amendment without
its being printed, with the assurance that
it will be printed and be filed with the
records of the Convention.
The suggestion is that Section 5.01 be
amended by striking the word "exclusively"
in line 11. Is there any objection to con-
sidering it without the printed amendment
being before you?
The Chair hears no objection.
Is there a second to the motion?
(Whereupon, the motion was duly sec-
onded.)
THE CHAIRMAN: This will be consid-
ered as Amendment No. 3.
Delegate Storm, will you please see that
it is printed, so that it is available for us
later?
|
DELEGATE STORM: May I express
my appreciation for the gracious way you
handled that?
THE CHAIRMAN: Express your ap-
preciation to the house.
Does any one member could object and
defeat you.
Delegate Storm, the Chair recognizes you
to speak to the amendment.
DELEGATE STORM: The only thing I
wish to emphasize is that this is, as Mr.
Case said, clearly implied in the language
of the present Constitution as well as in
this, even though we leave it out. Excess
verbiage, especially when it has not been
used in the legislative branch, to say that
the General Assembly has the exclusive
right to legislate, and we have not said it
in the executive, that the governor has the
exclusive right to be the governor, worries
me, and Mr. Case made it very clear that
this is implied anyhow.
When we set up a judicial branch, I
would feel better about it in the future if
we did not make it so exclusive.
THE CHAIRMAN: The Chair recog-
nizes Delegate Mudd.
DELEGATE MUDD: Mr. Chairman, I
hesitate to oppose a distinguished friend
who advances this amendment, but frankly
I do not see the point in the amendment.
If he has accepted Delegate Case's explana-
tion that without "exclusive", it means ex-
clusive, and probably because I am a
country lawyer from a small town, I just
would prefer to have what we mean in
there, rather than leave it to be implied
possibly once in that direction by some
court and again not implied by another
court. Therefore, I respectfully oppose the
amendment.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the
amendment?
(There was no response.)
Does any other delegate desire to speak
in opposition to the amendment?
(There was no response.)
The Clerk will sound the quorum bell.
THE CHAIRMAN: The question arises
on the adoption of Amendment No. 3 to
Committee Recommendation JB-1. Amend-
ment No. 3 is to strike out the word "ex-
clusively" on page 1 in line 11 of section
5.01 Judicial Power.
|
