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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 981   View pdf image (33K)
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[Nov. 17] DEBATES 981

DELEGATE PULLEN: Mr. Chairman.
THE PRESIDENT: Delegate Pullen.

DELEGATE PULLEN: May I add to
those two splendid statements? I think the
most astute remark I have heard in this
Convention came from a little child, I don't
remember from what school, who in re-
sponse to an invitation of the Chairman of
our Committee, asked this question: "Why
isn't everybody here?"

THE PRESIDENT: The Chair recog-
nizes Delegate Powers.

DELEGATE POWERS: Mr. President,
I move the Convention resolve itself into
the Committee of the Whole, to resume con-
sideration of Committee Recommendation
JB-1.

THE PRESIDENT: Is there a second?

(Whereupon, the motion was duly sec-
onded.)

THE PRESIDENT: Delegate Hostetter?

DELEGATE HOSTETTER: I rise to a
point of personal privilege, sir.

THE PRESIDENT: State the privilege.

DELEGATE HOSTETTER: I would
like to have recognized at this time a num-
ber of members of the Maryland-Delaware
Press Association, who are in the gallery
to the rear, here on a news-writing short
course, and they are attending this session
and will after this session write a story
with respect to it, and I hope it is worthy
of a candy bar.

(Applause.)

THE PRESIDENT: All those in favor
of the motion that the Convention resolve
itself into the Committee of the Whole
signify by saying Aye; contrary, No. The
Ayes have it. It is so ordered.

(Whereupon, at 2:45 P.M., the Convention
resolved itself into the Committee of the
Whole.)

(The mace was removed by the Sergeant-
at-Arms.)

COMMITTEE OF THE WHOLE
NOVEMBER 17, 1967—2:45 P.M.
PRESIDENT H. VERNON ENEY,

PRESIDING

THE CHAIRMAN: The Committee of
the Whole will please come to order.

We still have under consideration Com-
mittee Recommendation JB-1.

Before calling on the Chairman of that
Committee for the presentation of the next
part of that report, I wish to state that I
understand from the staff that they gave
in writing yesterday to Delegate Malkus
all of the Committee's information on the
subject of costs with respect to the pro-
posed judiciary article. I am further ad-
vised that the Department of Fiscal Re-
search, Dr. Cooper, and Mr. Odell Smith,
have stated that they cannot supplement
that data with any additional information.

I assume, Delegate Malkus, you have re-
ceived the information.

The Chair recognizes Delegate Mudd,
Chairman of the Committee, under the re-
quest that he come forward to the reading
desk.

Under the debate schedule we now take
up the second portion of the article dealing
with judicial selection, tenure and removal,
sections 4512 to 4528. We will first have
the presentation of the committee recom-
mendation with respect to this portion and
then the presentation of the Minority Re-
port with respect to this portion.

Delegate Malkus?

DELEGATE MALKUS: Mr. President,
I received so much information, and natu-
rally having no clerical help, do not know
exactly what you meant that I got the
count, or what this is going to cost, but
since apparently there are other people
here that will know what this is going to
cost, perhaps it might be well, Mr. Presi-
dent, to write this into the record, so that
when we come back to the General Assem-
bly next January, and if the Constitution
passes in May, that we will know what we
have to face as far as additional cost is
concerned.

If we do not appropriate any more addi-
tional moneys than you are saying it is
going to cost, you certainly cannot blame
us because that is what the people will J
vote on. Maybe somebody can tell us what
it will cost.

THE CHAIRMAN: The Chairman of
the Committee will make available in re-
sponse to questions whatever information
he has. I suggest to you that your ques-
tion in its broadest implications asks for
the impossible. This recommendation au-
thorizes the General Assembly to prescribe
the number of judges and authorizes them
to take other action. Unless one knew that

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 981   View pdf image (33K)
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