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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 956   View pdf image (33K)
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[Nov. 17] DEBATES 9

cedures, and that duty will devolve upon
the district judge. As a matter of fact, we
understand that there is already in Mont-
gomery County a system of training and
instruction for those who are operating in
the committing magistrate field and that
such a program inaugurated by the admin-
istrative judge or the appointive judge
could provide safeguards with which you
are concerned. However, to require that
only lawyers be permitted to issue warrants
as commissioners would seriously cripple
the efficiency of the operation, particularly
in the rural areas, and we must, therefore,
oppose the amendment.

THE CHAIRMAN: Delegate Weide-
meyer.

DELEGATE WEIDEMEYER: Mr.
President, I direct this question to Dele-
gate Chabot.

THE CHAIRMAN: Does Delegate
Chabot yield to a question?

DELEGATE CHABOT: Certainly.

THE CHAIRMAN: Delegate Weide-
meyer.

DELEGATE WEIDEMEYER: I would
ask if he would accept an amendment to
his amendment, that after the word "a",
in line 5 of his amendment, strike out
"member of the bar of the State," and in-
sert in lieu thereof, "graduate of a school
which furnishes a course of study for one
month for commissioners as prescribed by
rule."

THE CHAIRMAN: Delegate Chabot?
DELEGATE CHABOT: No, sir.

THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment?

(There was no response.)

Does any delegate desire to speak in
opposition?

Delegate Harry Taylor?

DELEGATE H. TAYLOR: Mr. Chair-
man, ladies and gentlemen of the Conven-
tion, I would like to speak in opposition to
this motion and in doing so, speak for just
a second on consensus, extra-sensory per-
ception and perhaps functional division.

Delegate Bard says that in every de-
liberative assembly there comes at some
time a consensus.

Now, how do we detect this consensus?
Can we do it by extra-sensory perception?

Are there some of us so sensitive that
can know when everybody has made
his mind?

I am not endowed with that gift, bu
found in the back row here of the Conv<
tion some evidence of the way I thint
detect a consensus. When the delegates
gin to beat their heads on the desk, and
scream "question, question," I begin to f
that the collective judgment of the C(
vention has been reached, and that furth
debate on the point is indeed futile.

None of us wants to waste our brea
because indeed, some day each of us will
gasping for it, and it has been signifies
to me that those here in the chamber w
know the most, and who are most expe:
enced in the art of government, both by e
perience as well as study, are those w
have spoken the least up to this time.

Now, I go to functional division, and
think perhaps the most delightful fun
tional division that we observe is the dh
sion between the green and red lights

THE CHAIRMAN: You have thir
seconds.

DELEGATE H. TAYLOR: — when v
close another chapter in these constit
tional proceedings, and I ask now that yc
help me see that the reds function the be;
and let us bury this amendment.

THE CHAIRMAN: Does any other deli
gate desire to speak?

Delegate Chabot.

DELEGATE CHABOT: It is obviou
what I say now will not affect the outcom
of this amendment. Notwithstanding th
fact that it will mean that this Conventio
has determined that a person's property i
far more important than a person's libertj
However, I think it is important that w
consider the remarks that were made b;
Delegate Harry Taylor.

I suggest that we realize a bit more tha
we are drafting here and unfortunately t
a great extent drafting on the floor here j
constitution, not a statute.

We are not going to have next year oi
the year after to remedy the defects. W<
are not going to have a Legislative Counci
in between that is going to study it anc
call us back to special session, if necessary

I suggest that we be willing to take what-
ever time is necessary, whether it means
Saturdays, Sundays or between December
12th and January 12th, and try to come up

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 956   View pdf image (33K)
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