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ence in quality and price. They have not
the slightest knowledge of the cost of
credit. These poor, in the televised, bill-
boarded land of plenty want the creature
comforts, too: Christmas toys, Easter
clothes, Thanksgiving turkey, even a nice
used auto to take the family on a July 4th
picnic.
Every great constitution guarantees the
people basic rights, and here is a basic
right that is badly needed. We need a man-
dated right in the market place, which will
provide the following: (1) People need
rights to health and safety. We have made
progress in this right since 1906. (2) Peo-
ple need the right not to be deliberately
deceived. Protection against deception in
packaging, inferior materials used in home
improvements. (3) People need rights
against fraud, not to be subjected to crim-
inals in the market place. Ninety-five per
cent of businessmen are honest, but people
should have police protection against the
dishonest five per cent. (4) People need the
rights against psychological subjugation.
Hypnotism in advertising undermines the
citizens. (5) People have a right to be edu-
cated for the market place.
Yes, they have places to complain: the
U. S. Department of Weights & Measures,
the people's court, Better Business Bu-
reau, public service and insurance commis-
sions, attorney general, et cetera, but alas,
they do not know how to complain. They
lack the understanding, the education. They
do not have the initiative. They cannot
take back the television with the cracked
tube, because they cannot find the door-to-
door salesman. The bank who financed it
says it is not responsible for the product
and the money was lent in good faith.
There is not a thing that the Charley
Brown of Detroit and Cambridge can do
but get mad, mad, mad with himself for
being ignorant and a fool, mad with his
neighbor and society which condones profit-
ing on the poor, mad with a government
which ignores broken promises to the poor,
and has no laws that provide for his
education and protection against harmful
and unfair business practices.
I hope we delegates are smart and will
rise to this occasion. People need and want
this consumer protection. Our economy
knows what it means to give a man what
he wants. Our economy knows it pays to
produce the highest quality and at the best
price.
Approval of this recommendation will
aid Maryland's economy and attract to this
State the finest people and business in the
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years to come, for in Maryland they have
the added right: "Rights in the Market
Place."
THE CHAIRMAN: Do any delegates de-
sire to speak in opposition to the recom-
mendation?
Delegate Marvin Smith?
DELEGATE M. SMITH: Mr. Chairman,
I take a back seat to no one when it comes
to protecting the rights of the consumer,
and even while we have been in session
here, sir, I have used the tool of the Mary-
land Retail Installment Sales Act of 1941
to protect consumers, but I submit to you,
sir, that when we write this into the con-
stitution, we are doing the same thing that
the Constitutional Convention of 1867 did
when it put such things as the Wreck-
master for Worcester County into the
Constitution.
We are holding out a promise to people
which may not necessarily be kept. As has
been indicated by the Chairman of the
Committee, this grant, this provision will
not increase one iota the power of the
General Assembly. The General Assembly
has ample power to legislate on the sub-
ject. The General Assembly should legis-
late on the subject. I am distressed by the
comment of the Chairman of the Commit-
tee that the courts have power to compel
the passage of law. This is a new concept
so far as I am concerned. That was one of
my reasons for voting against the provision
on natural resources.
I submit to you, Mr. Chairman, that
this is not a necessary provision in the
Constitution, and I do not wish to take
away from the people who need protection
one bit of protection, but this will not
protect them.
THE CHAIRMAN: Delegate Wheatley.
DELEGATE WHEATLEY: Mr. Chair-
man, ladies and gentlemen of the Commit-
tee of the Whole: It gives me a great deal
of pleasure at this time to speak on be-
half of this proposal. Originally when I
first saw this proposal introduced I had
an impression that this was purely statu-
tory. I was laboring under the impression
at that time that we were thinking in
terms of what might be in modern jargon
called a mini-constitution, but since that
time my views have changed drastically.
Thus far I have seen no objection to this
proposal on the merits. I have not heard
one person yet say that they are against
this concept. So now we are trying to
decide whether or not it is suitable for a
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