That is new. That was not in the previous
draft.
Rule 54 [58] was the order of considera-
tion in the original draft. It had a 9 and
10. The 9 was tentative adoption, and the
old and present line was old 10. We struck
old 9 as superfluous, leaving open the
question, however, as I think I indicated
to you, that whether or not there should
be additional debate permitted on third
reading under the circumstances of the
Constitutional Convention, or whether or
not if permitted, it should be limited to
new matter, was another question limiting
debate.
I believe, Delegate Malkus, that I have
covered all the changes, certainly all the
changes of substance that our Committee
agreed upon. Memory is a fallible thing, I
do not have the marked up copy in front
of me, but I think that is reasonably ac-
curate. I hope that is satisfactory to the
delegate.
THE CHAIRMAN: The Chair acknowl-
edges Delegate Weidemeyer. Do you yield
the floor?
DELEGATE SICKLES: Mr. Chairman,
I suggest we ought to clarify some of the
language discussed last night. I have a
question about the document before us, in
the light of our discussion the other night,
and I would like to ask the gentleman to
yield.
DELEGATE WEIDEMEYER: I will
yield.
DELEGATE SICKLES: The gentleman
from Montgomery County will recall that
originally there was a Rule 19 which had
to do with employment of employees, and it
said, "Convention by resolution may desig-
nate employee descriptions, and may pro-
vide the president with salary scales for
portions thus designated," and it was agreed
the other night in our discussions that it
would be impossible for the president, who
was to appoint the employees in the interim
period between now and September, to be
able to appoint anybody unless he knew
what the salary structure was, and it was
our intention that the president have this
authority. I find that in the document now
before us that paragraph has been deleted.
I see a partial saving factor in that Rule 6
says, "Otherwise provided the president
may appoint and assign duties to all em-
ployees of the Convention." However, could
you point out to me, because I cannot seem
to find it, where he would have the au-
thority to establish salaries. I think he |
would have a difficult time employing any-
body unless he had that authority.
DELEGATE SCANLAN: I think you
are right. I think the rule you referred to
clearly gives the president power under
such salary schedules as this Convention
might approve. I think the rule is now
impliedly given, but perhaps the thing to
do before we adjourn today if we do, is by
specific resolution, to give whomever we
elect president or whomever we determine,
the right to hire a staff in the interim be-
tween now and September 12.
I will call the Chairman's attention to
the language, "All officers, employees,
other than honorary president, presi-
dent, vice-president, shall be persons who
are not delegates, and their compensation
shall be fixed in such a manner as may be
determined by resolution of the Conven-
tion." It is probably contrary to the deci-
sion of the Committee.
Now, before considering the amendments
offered by Delegate Weidemeyer, I think it
appropriate to ask the Secretary to read
the amendments so that we will know
what is before us.
DELEGATE MALKUS: A question of
the Chairman of the Temporary Rules
Committee.
THE CHAIRMAN: Will the delegate
yield?
DELEGATE WEIDEMEYER: I yield.
DELEGATE MALKUS: I refer to Rule
64 [68], Mr. Chairman, and I wonder
whether it was the Committee's intention
to have us operate without rules alto-
gether. It seems to me that throughout
Anglo-Saxon law when we adopt rules,
they are not subject to the trifling whims
of whatever happens to be the course of
action for that particular day, and when
you adopt the principle as advocated by
the Rules Committee, that a simple major-
ity may amend or dispense and change
these rules, that that group which has the
power for that day or on that particular
subject can do with these rules as it
pleases. The rules of the present House of
Delegates, and also the Senate of Mary-
land, call for three-fifths votes to change
the rules of the House or the Senate, and
it protects the body against arbitrary spe-
cial rules because one particular group ad-
vocating a proposal happens to have the
upper hand that day. I think it is very
worthy of you to explore this. Perhaps
you have been thinking about this, Mr.
Chairman? |
