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with what is going on in the halls of Con-
gress in this field, but certainly I think
the fifteen percent is as much as we in
Maryland would want.
This amendment would also give the
General Assembly the authority if it found
the process too painful for itself to set up
a commission to draw up a congressional
districting plan. However, this plan would
have to have affirmative action by the Gen-
eral Assembly and could not become law
without action by the General Assembly.
This also protects, it seems to me, the
interests of our citizens by again stating
that the Court of Appeals could have orig-
inal jurisdiction in reviewing such plans
upon the petition of a single registered
voter.
I sincerely hope that in strengthening
the legislature that you also strengthen the
rights of the citizens to a fair representa-
tion not only in the legislature, but also in
the Congress.
THE CHAIRMAN: Are there any ques-
tions of the sponsor of the amendment?
Delegate Boileau.
DELEGATE BOILEAU: In line 9 you
have "decennial federal census". I under-
stand there is a rule to change the census
to a five-year census. Might it not be better
to leave the word "decennial" out?
DELEGATE ROSS: The difficulty with
leaving out "decennial" is 'that it would de-
pend not only upon the census, but also
upon when the U.S. Congress decided to re-
apportion its seats to the various states, so
that we might be reapportioning every five
years, and redistricting every five years.
I would have no objection to it.
THE CHAIRMAN: Delegate Boileau.
DELEGATE BOILEAU: Do you think
any problem will result in using it possibly
more often?
THE CHAIRMAN: Delegate Ross.
DELEGATE ROSS: No.
THE CHAIRMAN: Are there any fur-
ther questions to the sponsor of the amend-
ment?
DELEGATE ROSS: No.
THE CHAIRMAN: The Chair hears
none.
Delegate Gallagher.
DELEGATE GALLAGHER: Mr. Chair-
man and ladies and gentlemen: Once Con-
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gress decides to preempt this field any and
all constitutional provisions and conflicts
would fall.
Let me give you an idea of what Con-
gress has done over the years: In 1842 it
provided that the states with more than
one representative should establish districts
with contiguous territories.
In 1862 it required that the districts be
as equal in population as practical. Then
it added a requirement for compactness.
There was a reapportionment Act in 1911
which provided all those provisions and pro-
vided further that representatives be
elected by representatives of compact and
contiguous territories containing an equal
number of inhabitants.
These were all excluded from the re-
apportionment act of 1929 and from subse-
quent legislation.
In 1962, Congressman Emanuel Celler of
New York introduced a proposal to the ef-
fect that there should be legislation for-
bidding the election of representatives at
large in states with more than one seat,
that it be composed of contiguous territory
in as compact a form as possible and to
prevent any distribution in population from
varying by fifteen percent from the state
average district population.
In 1965 the House passed this proposal,
but added a fourth which forbade more
than one redistricting of the state between
decennial censuses.
All I am trying to show here is that Con-
gress has been moving up and down the
scale. It has been in and out of the busi-
ness of setting up standards for congres-
sional redistricting and reapportionment.
At the present time the posture as I un-
derstand it, is that the House has forbidden
running at large in any of the states in the
union and that the Senate has forbidden it
in all but Hawaii and New Mexico.
Now, if ever the twain is going to meet,
I do not know, but I am certainly strongly
suggesting to you that by taking proposals
which I might say have been before the
Congress itself, the identical proposals
which are obtained in this Amendment No.
9, and writing them in the Maryland Con-
stitution when you can see that Congress
itself has moved very slowly in this area,
you can expect that there is some opposi-
tion that the legislation in its final form
will undoubtedly vary from what you have
before you and what Congressman Celler
has suggested.
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