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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1202   View pdf image (33K)
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1202 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 22]

witnesses who are unable to come to his
office, that is, witnesses on wills.

His job goes to the substance of the case
and not merely to the form. He has an
obligation to see to it that estates are
processed in good order. By way of collec-
tion of taxes, the office of register of
wills of Baltimore City, it is contemplated
for this year and next year, will collect
approximately five million dollars in taxes.

He publishes notices, he keeps track of
debts that are put on file with respect to
cases and estates. He keeps records and
files on the estates of minors and not only
does he do that, but he sees to it that the
money is kept in good safe places, such
as federally insured building associations
and banks.

He handles estates in cooperation with
foreign jurisdictions.

Ladies and gentlemen, this office is en-
shrined in the present Constitution in Sec-
tion 41 of Article IV, so we are not pro-
posing something new to you. I strongly
suggest to you that this is a very proper
office, a very important office for an elec-
tive position.

Now, Mr. Chairman, and ladies and
gentlemen, for the past, I believe the Chair-
man said six days or four days, we have
been talking about this judicial article and
from time to time there have been little
public remarks made and some private re-
marks about the attorneys speaking too
often and too quickly on all these questions.

Well, we have been talking about our
profession. We have been trying to defend
ourselves. We hope that whatever product
is released from this Committee of the
Whole will make for a better judiciary in
the future, however in the meantime, I
want to speculate on just what is going to
happen when we start talking about the
executive article and we see all the future
aspirants for office of governor, attorney
general, and office of controller, who will
be jumping up and down like a jack-in-
the-box to protect their interests, and wait
until the teachers start talking about who
is elected to the board, and the housewives
wanting two pots for every chicken.

I want to back up Delegate Johnson and
his subcommittee. It has been a privilege
and a pleasure for me to do it. He has
worked it sincerely and I think his Com-
mittee worked it sincerely. I have tried to
work it sincerely. Delegate Johnson has
tried to work long and hard and I hope
that before this Convention is over, every-

one will show appreciation to Delegate
Johnson for the very hard work that he
has put in on this matter.

Just as one side matter. Tomorrow is a
holiday. We are going to be sitting down
for dinner. It will be a pleasure for me to
look up at the shining faces of all my
children and all my in-laws and my other
family and be able to say "Gee whiz, we
really got that Amendment No. 61 through,
and I spoke for it, and we can all be happy
and proud."

(Applause.)
THE CHAIRMAN: Delegate Mudd.

DELEGATE MUDD: May I inquire of
the Chair if it is my obligation to answer
all of that?

(Laughter.)

THE CHAIRMAN: You have ten min-
utes either to answer or to yield to others.

DELEGATE MUDD: I will take a couple
of minutes, if I may, to concur in all the
kind things Delegate Rybczynski has said
about spokesman Delegate Johnson for the
minority.

We worked opposite each other, but cer-
tainly he has been conscientious and dili-
gent and I respect his judgment in all of
these matters, and regret that I have had
to vote against him.

May I say also in explanation for rising
in opposition to the amendment, Delegate
Rybczynski, that I am not exhibiting my-
self as a candidate for register of wills.
Also I apologize to the lawyers for arising
again once too often, but I think in terms
of my position as spokesman for the ma-
jority as having for my clients the Com-
mittee of the Judicial Branch, and no one
ever had a better group of clients, except
this morning one got out of hand trying
to represent himself.

This to me seems to be almost an iden-
tical method with that we just dealt with
in regard to the sheriff. I agree that this
is a most important office. There is no
disposition or attempt on the part of my
Committee to downgrade the importance of
the office or to suggest that the functions
now performed by the very many capable
registers of wills will in any way be lost to
the state.

I repeat again that the work of that
office and the statutory responsibility as-
signed to the register of wills is a quasi-
judicial function. To register the wills as

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1202   View pdf image (33K)
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