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If there is anything that we can do to
help the people to become a part of this
democratic process, it is to hold the elected
officials responsible. Through our research,
we found that more legislation is defeated
in committee than on the floor, and just a
few people defeat it. If few people have
that much power why shouldn't the people
as a whole know who the people are who
are defeating these bills since they are
representing -them. I think it very impor-
tant that the votes of the major commit-
tees, I do not mean the subcommittees, as
Senator James mentioned, be recorded so
that everybody will know who is voting for,
and who is voting against, so that they
can be held responsible for it.
THE CHAIRMAN: Your time has ex-
pired.
DELEGATE GILL: People will then
have a chance to take a part in this demo-
cratic process.
I hope you will vote against the amend-
ment.
THE CHAIRMAN: The Chair desires
to interrupt the debate to make this sugges-
tion.
The statements just made by the Chair-
man of the Committee as to the interpre-
tation of section 3.17, while clear as to the
intent to the Committee, may raise con-
siderable question in construction of the
Constitution.
The Chair has suggested to the Chair-
man of the Committee that consideration be
given following the suggestion of Delegate
Hardwicke that the portions of this section
which the Committee Chairman referred to
as those to which substantial compliance
would be sufficient, be put in a separate
section and perhaps be phrased in such a
way as by a direction to include it in the
rules as to make this intent clear, and leave
in this section only those explicit provi-
sions which the Committee intends to be not
only mandatory but as to which literal com-
pliance is necessary.
The Chairman of the Committee would
like to try his hand at drafting such an
amendment. I, therefore, suggest that we
postpone for the moment further consid-
eration of sections 3.17 and 3.18, and lay
aside Amendment No. 20, and proceed to a
consideration of the Minority Report on
section 3.18, and by the time we have con-
cluded, I think the Committee will be able
to make a suggestion as to section 3.17.
Delegate Storm.
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DELEGATE STORM: Mr. Chairman, I
am sure that you have given this problem
a good deal of thought and probably have
some suggestions as to how this will be
handled.
I have a little trouble over how wide-
spread the remarks that are made, such as
those we have been putting on the record
of the various committees' (intentions in
adopting certain language, will be printed
and distributed? Will the average attorney
be able to get them inexpensively? Will
they be furnished to all? Will the new con-
stitution be footnoted with things like this?
Would you explain that?
THE CHAIRMAN: I would hope that
the transcripts of the debates which this
Convention is directed to have published
will be published in printed volume form,
and be readily available, certainly in all law
libraries. It would certainly be available to
lawyers, if there were sufficient demand. I
have no doubt that it will in time prove to
be the most important volume for any law-
yer who has a constitutional problem to
solve. A short answer to your question is
that, pursuant to the enabling act, plans
will be made to publish the debates.
Delegate Henderson.
DELEGATE HENDERSON: I am hav-
ing a little difficulty —
THE CHAIRMAN: Delegate Henderson.
DELEGATE HENDERSON: I merely
suggest this to the Chairman. I am having
a little difficulty with the words, "substan-
tial compliance". If the Constitution directs
something to be done and it is not done, I
doubt whether anything short of having
this done could be compliance at all. On the
other hand, if it is simply a clerical error
that he has in mind, something which you
might say that would be an oversight it
still might be substantial compliance. How-
ever, it is not a very happy phrase and I
have a little difficulty with it.
THE CHAIRMAN: That is the difficulty
that caused the Chairman of the Commit-
tee to confer with the Chair about the mat-
ter and I think we can avoid the use of
that term.
Delegate Gleason.
DELEGATE GLEASON: Mr. Chairman,
I do not want to prolong the postponement
of this section, nevertheless the postpone-
ment will actually expedite the work of this
Convention. I am concerned with the sug-
gestion by the Chair and the suggestion of
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