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to move to amend the Committee Report or
support the Minority Report and require
him to run in a contested election?
THE CHAIRMAN: Delegate Malkus?
DELEGATE MALKUS: Mr. President,
in answering the gentleman's question, I
can do it without hesitation or without
reservation. I would, even though I feel the
people should have the right to a say and
the last say, I would not offer that amend-
ment. I am just trying to get a few crumbs
— I want it, but I am not going to ask for
it. Does that answer your question?
THE CHAIRMAN: Delegate Scanlan?
DELEGATE SCANLAN: More or less.
THE CHAIRMAN: Delegate Malkus.
DELEGATE MALKUS: While I am on
my feet, this gives me an opportunity to
talk again, but my friend over there, Mr.
Scanlan said earlier today that he wanted
to protect the executive power, and that is
exactly what I am trying to do with this
amendment, protect the executive power.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition to the
amendment? Are you ready for the
question?
(Call for the question.)
The Clerk will sound the quorum bell.
The question arises on the adoption of
Amendment No. 28. A vote Aye is a vote
in favor of the amendment, a vote No is a
vote against.
Cast your votes.
Has every delegate voted?
(There was no response.)
Does any delegate desire to change his
vote?
(There was no response.)
The Clerk will record the vote.
THE CHAIRMAN: There being 33 votes
in the affirmative and 90 in the negative,
the motion is lost. The amendment is
rejected.
Delegate Dukes, do you desire to submit
your amendment CW?
DELEGATE DUKES: I do, Mr. Presi-
dent.
THE CHAIRMAN: The pages will dis-
tribute amendment CW.
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DELEGATE DUKES: If I may, I will
yield to my co-sponsor, Mr. Kiefer.
THE CHAIRMAN: This will be Amend-
ment No. 29. The Clerk will read the
amendment.
READING CLERK: Amendment No. 29
to Committee Recommendation JB-1 by
Delegate Dukes and Kiefer: On page 4,
section 5.14 Nomination and Appointment
line 40 strike out the word "five" and in-
sert in lieu thereof the word "ten".
THE CHAIRMAN: The amendment is
submitted by Delegate Dukes and seconded
by Delegate Kiefer. The Chair recognizes
Delegate Kiefer to speak to the amendment.
DELEGATE KIEFER: Mr. Chairman,
I have been on the Judiciary Committee of
the Bar Association of Baltimore City for
four years. I have been on the State Bar
Association Judiciary Committee on several
different occasions. I have listened to a
lot of talk condemning the actions of these
committees, that they have been purely po-
litical, and I have resented it.
Nevertheless, sir, I favor this general
plan. However, I do have some thoughts
about it.
I think there are certain modifications
which are important to consider. One is the
limitation not so much on the bottom end
of this selection, but on the upper end. As
a member of the Judiciary Committee of
the Bar Association of Baltimore City, I
have participated on many occasions in
considering vacancies for the supreme
bench, and also for what is now the mu-
nicipal court and what I would assume
will be the district court.
Time after time, after culling through
hundreds of names and efforts, we have
come up with lists, and this is not just
confined to any one committee. We have
come up with lists of from 8 to 13 names.
This does not apply in small counties like
Allegany but in a city with 1500 to 1800
practicing lawyers, where there is a va-
cancy on the bench, there are easily ten to
twelve or more people equally qualified, and
when you come to the municipal or district
courts there are perhaps even more.
Now I suggest that this is an important
amendment, for three reasons. First, it
would be extremely difficult for any com-
mission of appointed people to try to limit
to five people the people in the city of Bal-
timore qualified to serve as a district judge
or even the supreme bench.
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