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compromise which has been made, not for
the reasons that Delegate Weidemeyer has
stated, but because it seems to me that
there has been an agreement made with the
assumption that something politically will
grow out of this decision, and I do not
believe that anything will grow out of this
decision. I believe that those who have
compromised, who wanted an elective comp-
troller in most instances will continue, I
will modify that, many of them will con-
tinue to oppose the entire constitution, re-
gardless of how many times and how far
we decide to compromise.
I speak here then simply to explain my
vote. It is that I had opposed an elected
comptroller. I think we have gained noth-
ing from it, either in terms of the majesty
of this document or in terms of the politics
of getting it approved.
I am sorry to say that what Delegate
Scanlan said earlier today, that the level
of this debate has been lowered, is true, and
I suggest that the reason that the level of
it has been lowered is because the issue in
general has been so unimportant. When we
have debated major matters such as the
real power of the governor, or of the
courts, or of the legislature, or of the local
government, our level has been very high.
When we have dropped to this level of
debating particular political positions, the
level of the debate has dropped in ac-
cordance with the level of the problems
with which we are dealing.
I am sorry to say that I will vote against
the decision which has been made by peo-
ple, I am sure, in great good favor.
THE CHAIRMAN: Does any Delegate
desire to speak in favor of the amend-
ment?
Delegate Sybert?
DELEGATE SYBERT: Mr. Chairman,
I should like to ask the Chairman of the
Committee a clarifying question.
THE CHAIRMAN: I think while there
are people desiring to speak, Delegate
Sybert, we will have to let them speak and
then come back to the question.
Delegate James?
DELEGATE JAMES: Mr. Chairman
and fellow delegates: I would like to say a
word in favor of this proposal. I would
like to talk about it as a matter of govern-
ment theory. I certainly do not agree that
the level of debate has degenerated. I think
we can still talk about this as a matter of
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governmental theory. Historically, the
comptroller of Maryland had a pre-audit
function, and that exclusively. It was not
considered by the original drafters of the
Constitution of 1867 that the comptroller
would have a greater function than the
pre-audit function. His job was to be that
of a person who would see that the money
flowed into the channels designated by the
law, and he had that function for many
years. In the late 1930's, because of certain
developments, the office of comptroller was
utilized for the purpose of injecting into it
tax collection functions. This is an im-
proper function for a comptroller and be-
cause of original errors, it has been magni-
fied by adding more and more tax collec-
tion functions and other functions to this
job, and deviating from the historical con-
cept of the office of comptroller.
This compromise gives us an opportunity
to place the comptroller in proper perspec-
tive, and at the same time, to do what
should have been done some time ago, to
create a tax collection system, called a
state department of internal revenue on a
logical basis. It also gives us an independ-
ent person to continue to perform func-
tions of pre-audit, and to see that the
funds of the State are properly channeled.
At the same time, you avoid the question
of permitting the legislature to appoint
someone to the Board of Public Works.
This would give the legislature a foot-
ball, which would probably not be a good
thing in the long run. In all probability
instead of appointing one of the presiding
officers a member of this board and con-
fusing the functions of the legislature and
the executive branch, it would appoint an
elective official responsible to the people to
the Board of Public Works.
At the same time the executive governor
will have control of the Board of Public
Works, have control of his fiscal affairs and
will be the master of his house, and we
will have an independent pre-auditor, we
will have a state treasurer who will handle
funds, be the custodian and we will have
a post-auditor to check the money after it
has been spent, so that we will have a
three-way check upon the use of funds in
the State of Maryland by competent people.
It is a reasonable compromise from the
governmental standpoint and it will be
sensible to the people.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition? Dele-
gate Morgan.
DELEGATE MORGAN: Will Senator
James yield.
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