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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1173   View pdf image (33K)
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[Nov. 22] DEBATES 1173

operates on a fee basis now reporting to
the comptroller and hiring— people at the
comptroller's — subject to the approval of
the comptroller, — all that will be done
away with and we will have a really local
system of a county system whereby many
of these functions could be transferred.

Again, some of the tax-collecting func-
tions might well be transferred either to
the comptroller or to a new department of
taxation that has long been recommended.
The clerks collect in Baltimore City a huge
sum of money from traders licenses, traders
taxes and things of that sort. The register
of wills collects huge sums as inheritance
tax, and all those things could be properly
transferred to a state agency who would
do it on a much more efficient basis.

I suggest for all of the practical reasons
and because, at best, this system could
never be put into effect under the transi-
tory provisions, the clerk would hold for
the balance of their term, so that in the
meantime the legislature would have a
chance I think to work out some of these
details, whether duties would be assigned
to other people as between local and state
officials and so on.

THE CHAIRMAN: Your time has ex-
pired.

Delegate Dulany.

DELEGATE DULANY: I yield three
minutes to Delegate John Hargrove.

St.

THE^CHAIRMAN: Delegate Hargrove.

DELEGATE HARGROVE: Mr. Chair-
man, I will not repeat all that has been
said already as to why the Minority Report
should be adopted, but I will point out
this, that today in our present court sys-
tem the courts in the numerous counties
and the court in Baltimore City are pretty
much autonomous. They are systems within
themselves and the counties who have to-
day, including the City of Baltimore, sole
responsibility to a large extent for their
operations.

Now, we have talked about functions. I
think the history of the court clerk is very
interesting. In the State of Maryland the
many functions which have been placed
upon the clerk of the court have been put
there not so much because they are judicial
functions but because the clerk's office in
many counties was the central place in that
county and in many instances were the only
county offices which were open every day of
the week where the people could go and
acquire certain licenses and so forth.

But today we have put together a com-
pletely new judicial system, a part of
which is the administration of the clerk's
office. We feel today that these many func-
tions which have accumulated and been
thrust upon the clerk's office over the years
should now be made a part of the county
and a county function.

I think Judge Henderson alluded to Bal-
timore City. I would suggest that in Bal-
timore City we have a court of common
pleas whose sole function virtually is to
collect for marriage licenses, liquor licenses
and these functions could expeditiously be
replaced by the city treasurer's office and
thereby one clerk of the six who are elected
in the City of Baltimore should be dis-
posed of.

We therefore suggest that today is the
time to get rid of the many non-judicial
functions of the clerk when they properly
should be in the county's office and give
the courts a full-time clerk who does noth-
ing but administer the functions of the
court on a daily basis.

We therefore urge you to support the
amendment.

THE CHAIRMAN: The Chair will in-
terrupt the debate at this point for a few
moments to recognize Delegate Freed-
lander.

DELEGATE FREEDLANDER: Mr.

Chairman and fellow delegates, four years
ago almost at this very hour, the world was
shocked and saddened by the news of the
death of President John Fitzgerald
Kennedy.

The death of this vigorous, young leader
was a great loss to the forces of democ-
racy around the world. History, the Ameri-
can tradition, and the continuance of the
federal system were his references. He be-
lieved in strengthening state governments.

It is fitting and proper that we, who seek
to forge a new charter of democracy to
serve Maryland for the next century, rise
for a moment of silence in memory of
President Kennedy, the first President of
the United States to have been born in this
century.

THE CHAIRMAN: Governor Tawes.

DELEGATE TAWES: Mr. Chairman
and members of this Convention, Delegate
Freedlander has very effectively reminded
us of the tragedy which took the life of
President Kennedy four years ago. There is
very little I could add to what has already
been said. However, I should like to sec-

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1173   View pdf image (33K)
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