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THE CHAIRMAN: Delegate Sybert.
DELEGATE SYBERT: I said it would
be much safer and prevent possibly a good
many judicial court determinations as to
the extent of his powers.
THE CHAIRMAN: Delegate Hanson.
DELEGATE HANSON: Would it then
be your contention that every official of this
State exercising quasi-judicial power be an
elected official and placed in the consti-
tution?
THE CHAIRMAN: Delegate Sybert.
DELEGATE SYBERT: No, sir, I do not
maintain that. There are some areas which
are much more important than others.
What the minority says is that the matter
of state funds is much safer handled as it
has been for one hundred sixteen years.
The minority sees no reason for a change
by embarking on unchartered waters.
THE CHAIRMAN: Are there any other
questions of the minority spokesman? Dele-
gate Byrnes.
DELEGATE BYRNES: Reverting to the
same theme of diluting of the executive
power and the potential constitutional prob-
lems it may present in the future, would
you suggest if the comptroller is to be a
constitutional or elective officer that the
phrase dealing with the mandate to the
governor that he shall faithfully execute
the laws, should also be qualified so it will
not refer to laws dealing with the Treasury
Department?
THE CHAIRMAN: Delegate Sybert.
DELEGATE SYBERT: I do not think
the phrase which is in the present consti-
tution requires the governor to go out to
arrest every malefactor, or collect taxes, or
execute himself personally all executive
powers. It is contemplated, and neces-
sarily so, that other officials perform cer-
tain powers. We have a constitution which,
as the present one does, says the governor
shall faithfully execute the laws. It also
sets up a comptroller. The statement as to
the governor is certainly modified as to the
constitutional provision for the comptroller.
THE CHAIRMAN: Delegate Byrnes.
DELEGATE BYRNES: I suggest there
might be a conflict between the two per-
sonalities in the future, the governor acting
in his position as one who is mandated to
execute the laws faithfully and the comp-
troller having the same requirement put
on him. They both could be pursuing oppo-
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site goals and could very well clash in the
future, both faithfully executing the same
laws.
DELEGATE SYBERT: There is no
conflict.
THE CHAIRMAN: What is your
question?
DELEGATE BYRNES: I think it has
been answered when he suggests there is
no conflict. Thank you.
THE CHAIRMAN: Are there any fur-
ther questions of the minority spokesman?
The Chair hears none. You may present
your motion, Delegate Sybert.
DELEGATE SYBERT: Mr. Chairman,
I move that Recommendation No. 2 of the
Committee Report Memorandum EB-1 be
amended by striking the word "not" on
page 1, line 18.
THE CHAIRMAN: Is there a second to
the motion?
(Whereupon, the motion was duly sec-
onded.)
The Chair would have been disposed to
have continued the debate if there had been
some prospect of reaching a vote by 11:00
A.M. In view of the time allowed in the
Debate Schedule, this does not seem pos-
sible, and the Chair thinks under the cir-
cumstances, it would be just as well not to
start so late in the evening. The Chair
recognizes Delegate Powers. Delegate
Adkins?
DELEGATE ADKINS: At the risk of
postponing adjournment one minute, may
I simply modify two statements that I
made in response to questions which I have
since found to be not entirely accurate?
I was asked a question as to whether or
not the governor was bound by the esti-
mates of the Board of Revenue Estimates.
I have since been advised by my dis-
tinguished colleague, Delegate Case, that in
fact the governor is not so bound; he is,
however, bound to transmit to the General
Assembly with his own estimates the re-
port of the Board of Revenue Estimates.
I would simply suggest this does not
change the thrust of my earlier statements.
The second place where I was not precisely
accurate was in response to questions as
to whether the salary of the president of
the University of Maryland was set by the
governor. I was of the opinion it was set
by the Board of Regents. I have been ad-
vised again by my distinguished colleague,
Delegate Case, that it is recommended by
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