13,466

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I would like you to comment on those three

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things if you could, Delegate Carson. In other words,

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if this is indeed not new powers, but only existing powers,

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why is it not covered by section 7.05?

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DELEGATE CARSON: Mr. Chairman, section 3 of

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article 11(e) of the present Constitution contains the

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language that you have here, except for the words, on June

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30, 1968, and the reference is identical to that. The

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Case law, and the Sobeloff Commission's third report indicat

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clearly that this is the basis for the sections starting

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with, I believe, section 12 in Article 25 (a) of the

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present code, which specifies the exact procedures for

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municipal corporate charter amendments.

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Now, those sections in Article 23 (a) do not

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state how or for what purpose — excuse me — for what

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purposes the charter amendments may be made. They merely

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specify in what manner they shall be made.

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There is a Maryland case, I believe it is

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Hitchins, but I am notsure, interpreting this particular

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language we have here, and it makes it clear that a

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I municipal corporation under this language may amend its