10,833

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on knocking down an act of Congress upon this principle

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stating it was a necessary ingredient to a free government.

S

For these reasons I ask that you support the

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Committee's Recommendation.

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THE CHAIRMAN: Delegate Sherbow.

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DELEGATE SHERBOW: Mr. Chairman, ladies

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and gentlemen, I disagree with Delegate Gleason's results,

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but I certainly agree with him when he says you can't

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argue this in the time that is allotted, but I will ask

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you to bear with me because I don't want to take additional

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time.

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The court of appeals just last week, on December

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13, decided a case which dealt with this direct situation.

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I am going to read you now from the minority opinion, and

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bear in mind that if the minority should ever become the

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majority what you will have in the event this stays in

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the constitution, the judge in the minority opinion, Judge

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Wilson Barnes, said, "Article 8 of the Declaration of

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Rights of the Maryland Constitution provides that the

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legislative, executive and judicial powers of government

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ought to be forever separate and distinct from each other",