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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 11638   View pdf image (33K)
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11,638

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in light of the comment that has been made, I should make

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a statement now that was just made to me by Mr. Smolka, the

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staff advisor to the committee. I asked him if there were

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anyany authorative recent decisions of the Supreme Court

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as to whether ownership of property as a qualification for

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holding office was a denial of equal protection of the laws.

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His answer was that so far as he is aware, and so

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far as the committee was able to ascertain, there are no

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recent decisions squarely on the point; that there are a

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number of municipalities which have such qualification in

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Maryland at the present time.

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His opinion as adviser to the committee is that

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if those provisions are attacked, the courts will hold them

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invalid, but they can give you no assurance that that

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result will follow, and can give you no absolute authority.

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I don't know whether that helps the situation

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or muddies the waters, but there it is for what it is worth.

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Are you ready for the question?

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The Clerk will ring the quorum bell.

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The question arises on the adoption of amendment

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No. 6, which would delete all of section 2.05 comprising

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 11638   View pdf image (33K)
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