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DELEGATE CHABOT: Mr. Chairman,
I understand that statement is completely
true if we continue to use the word "ad-
joining," but if we go to the concept of
land territory, then I am afraid that we
have this problem.
THE CHAIRMAN : I just questioned the
statement that you made, that there may
be a river separating two counties.
DELEGATE CHABOT: The rivers form
the boundaries of several counties to such
an extent that their land masses do not
touch.
DELEGATE GALLAGHER: I agree
that we cannot use a prohibition about
crossing a body of water. I am sure we can
work it out. In drawing the congressional
district in 1963 or 1964 the League of
Women Voters agreed that they could
cross the Bay. That caused a lament on
their part.
DELEGATE CHABOT: Then perhaps
any effort along that line should be limited
to the Bay.
You indicated in 3.02 you did not say
that the number of persons represented
shall be as equal as practicable because you
had determined that you could always get
more equal. If you go to line 20 and require
after that explanation that the boundaries
of political subdivisions shall be followed
insofar as practicable, have you not auto-
matically stated that the boundaries of po-
litical subdivisions will never be possible?
DELEGATE GALLAGHER: No. We
used the word "possible" rather than "prac-
ticable", but I get less force of persuasion
in the word "practicable" than I do in the
word "possible."
DELEGATE CHABOT: I pass from
that matter to the memorandum on page 3,
the last full paragraph on the page. When
you came to that point you stated that,
"I am specifically disclaiming it." Was
this a personal statement or a statement
as Chairman of the Committee?
DELEGATE GALLAGHER: It is a
Committee disclaimer.
THE CHAIRMAN: Delegate Chabot.
DELEGATE CHABOT: Does that mean
that based on the Committee's examination
of the 1970 population estimates and the
statement that "only in exceptional cases
should the variation in population exceed
fifteen percent" that the Committee does
not feel that the 1970 population estimates
that it knows of constituted such an excep-
tional situation?
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DELEGATE GALLAGHER: No. I actu-
ally have, but do not care to offer, a redis-
tricting plan for the State of Maryland
based upon projected population which will
stay within the fifteen percent suggested
maximum deviation and meet all the other
requirements; but we felt in retrospect, at
least, that we ought not to get into the
business of what the legislature is ulti-
mately going to do and show any prefer-
ence of the Constitutional Convention of
one plan of redistricting over another, and
we certainly did not want to suggest any
plan which showed the districts exceeding
60 percent high-low maximum deviation.
DELEGATE CHABOT: There still re-
mains the question of what guidelines you
are giving to the legislature. The subcom-
mittee report spoke of "exceptional cases."
I still would like to know whether the Com-
mittee conceives of the 1970 figures as pre-
senting such an exceptional case.
DELEGATE GALLAGHER: Well, it is
rather difficult, since 1970 is not here and
all we have are projections at the mo-
ment. We felt, I think, when we got into
the question of unique cases, that that
probably would apply to following political
subdivision lines. If you follow the lines
and deviate only slightly, you should per-
haps continue to follow the lines and have
a slight deviation.
DELEGATE CHABOT: The last sen-
tence says, "No member of the Commis-
sion shall hold a popularly elected office in
the State."
Did you mean by that any governmental
office at any level? This language has, I
understand, in times in the past, been con-
strued to refer to offices described or au-
thorized in the state constitution.
DELEGATE GALLAGHER: We meant
at any level of state government.
THE CHAIRMAN: Delegate Chabot.
DELEGATE CHABOT: Of State gov-
ernment?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Any office
within the State of Maryland which was
an elected office.
THE CHAIRMAN: Are there any fur-
ther questions, Delegate Chabot?
DELEGATE CHABOT: Yes, sir.
THE CHAIRMAN: Delegate Chabot.
DELEGATE CHABOT: Under section
3.03a do I take it the effect of this provi-
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