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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 964   View pdf image (33K)
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[Nov. 17] DEBATES 96i

if you are going to vote for a superior
court in every county, with which the
people have very little contact, and then
have circuit riders in the district courts,
I think it is absolutely unfair to the people,
whose only contact with the law for the
most part, is marital trouble or traffic
court violations. I think it is important to
have a judge close to the subject matter
who will understand the circumstances,
rather than riding around in a 110 mile
district, which I represent as the state
senator.

THE CHAIRMAN: Are you ready for
the question?

(Call for the question.)

The question arises on the adoption of
Amendment No. 18 to Committee Recom-
mendation JB-1. A vote Aye is a vote in
favor of Amendment No. 18. A vote No is
a vote against.

Cast your votes.

Have all delegates voted? Does any dele-
gate desire to change his vote?

(There was no response.)
The Clerk will record the vote.

There being 69 votes in the affirmative
and 60 in the negative, the motion carries.
The amendment is adopted.

The pages will distribute the amend-
ment marked BL.

DELEGATE E. CLARKE: Mr. Presi-
dent.

THE CHAIRMAN: Mark this Amend-
ment No. 19.

Delegate Clarke.

DELEGATE E. CLARKE: Mr. Chair-
man, ladies and gentlemen, seated in the
gallery above the President's desk are 35
students from the ninth grade class of
Kensington Junior High School. These
young ladies and gentlemen are accompa-
nied by their teacher, Mrs. Tiff, and are
visiting the Convention at the suggestion
of Miss Susan Hickey, a member of the
class, who was born in Montgomery County
and who has added a great deal to its
charm.

THE CHAIRMAN: Delighted to have
them with us.

The Clerk will read Amendment No. 19.

Delegate Grant, the Chairman under-
stands this amendment, although offered by

Delegate Hardwicke, is the one that yo
had contemplated offering?

DELEGATE GRANT: This is correct.

THE CHAIRMAN: Read Amendmen
No. 19.

READING CLERK: Amendment No. 1
to Committee Recommendation JB-1 b
Delegate Hardwicke: On page 4 Sectio
5.11 Commissioners strike out line 3 an
insert in lieu thereof the following: ", ir
carceration pending hearing, and other mal
ters as may be prescribed by law, an
then".

THE CHAIRMAN: The Chair has diff
culty with the amendment, because it doe
not take into consideration Amendment Ni
16, which amended lines 2 and 3. The Chai
understands that the amendment is not ir
tended to alter in any way the change i
section 5.11 made by Amendment 16; :
that correct? Delegate Hardwicke.

DELEGATE HARDWICKE: That :
correct, Mr. Chairman. Actually to con
plete this, forget what goes before the add
tion. The phrase "and other matters £
may be prescribed by law" is intended I
precede the clause "and then only as pr<
scribed by rule," and it is not intended I
reject Delegate Bothe's amendment, but I
add to whatever language she had insert*
in her successful amendment, the word
"and other matters as may be prescribe
by law."

THE CHAIRMAN: With this unde
standing the Chair accepts the amendmen

Is there a second?
DELEGATE BENNETT: I second.

THE CHAIRMAN: The amendmei
having been seconded, the Chair recogniz<
Delegate Hardwicke to speak to the amen<
ment.

DELEGATE HARDWICKE: Mr. Chai
man, ladies and gentlemen of the Commi
tee of the Whole: the purpose of th
amendment is to make it clear that tl
commissioners may exercise other powe
similar to those named. We are not inten
ing to permit the commissioners to set tl
world on fire, or to get into other judici
areas, but we do think in proposing th
amendment that they ought not be frozi
to the limited phraseology that is set for
in lines 2 and 3. This would permit the
legislature to add additional, similar fun
tions, and I want to emphasize, simils
and consequently over the next 50, 60
70 years, to give the commissioners sor

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 964   View pdf image (33K)
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