10,910

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grant away in perpetuity a part of its inherent sovereign

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powers?

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DELEGATE GALLAGHER: The Supreme Court of the

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United States has not ruled specifically on this matter,

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but the Maryland Court of Appeals has specifically so

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ruled -- it is an inviolable contract.

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THE CHAIRMAN: Delegate Case.

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DELEGATE CASE: Has the point ever been made,

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as far as you know, that no legislative act can bind the

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state in perpetuity in an area such as this?

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THE CHAIRMAN: Delegate Gallagher.

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DELEGATE GALLAGHER: I see Judge Henderson

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rise, and I should say that Judge Henderson Was involved

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in the court of appeals case to which I made reference

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and was also a member of the Ross Commission in 1941

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which studied the B&0 special situation. I would yield

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to Judge Henderson.

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THE CHAIRMAN: Delegate Henderson.

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DELEGATE HENDERSON: Very briefly I would just

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like to answer Delegate Case's question, because I did

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happen to argue the case in the court of appeals where we