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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1224   View pdf image (33K)
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1224 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 27]

interest, and declares that monopolies are
odious.

Now that we are at the point of building
a viable state government, we need to be
able to meet the challenges and the needs
of our citizens today.

I cannot think of any one single item
that we could put in the new constitution
that would affect more citizens in the State,
nor can I think of any reason why we
should exclude something which would
make this constitution attractive to the
people and at the same time make it clear
to the General Assembly what we as a
body, a constitutional body sitting here,
propose for them to consider in an ensuing
year,

I support this resolution.

THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition?

Delegate Carson?

DELEGATE CARSON: Mr. Chairman,
I advocated and voted in favor of the sec-
tion on natural resources. I did so in large
part because the way that section was
worded and the way it passed would per-
mit the General Assembly to vary from
area to area within the state with regard
to conservation and natural resources.

As an item in point, for example, the
deer season began last week and you can
now shoot two deer in Dorchester County,
I understand, while in the rest of the state,
only one; in other words, there was recog-
nition given to the fact that there was a
large deer population in that county. I
think that is a distinguishing factor be-
tween that section and this proposed sec-
tion.

As Dr. Winslow, I, too, am a consumer.
I feel these consumer protection clauses
should be passed, but I suggest the con-
stitutional provision here proposed would
add nothing whatsoever and may also de-
tract from the ability of the General As-
sembly to legislate in this area. Therefore,
I urge you to vote against this proposed
section.

THE CHAIRMAN: Does any other dele-
pate desire to speak in favor of the pro-
posal?

Delegate Mason?

DELEGATE MASON: Mr. Chairman, I
rise to speak in favor of this proposal. I
realize that the constitutional purists will
say that this matter is legislative.

I would like to call the attention of the
Committee of the Whole to the judicial
article that we just adopted, and I am sure
that the same constitutional purists will
say that this article contains a considerable
amount of legislation.

I believe there are twenty-eight states
that have consumer protection legislation,
and New York which enacted this legisla-
tion in 1959, and recently in its constitu-
tion included a provision for consumer pro-
tection. I think this is something that we
should also include in our constitution.

I concur with the delegate who said, let's
put some heart in the constitution, and I
suggest that not only should we put some
heart, let's put some soul in the constitu-
tion so the voters can come out and pass
the constitution.

THE CHAIRMAN: Delegate Singer.

DELEGATE SINGER: Mr. Chairman,
fellow delegates, it is with the greatest
reluctance that I rise to oppose this pro-
posal.

It is not because I am a constitutional
purist and it is not because I am opposed
to the broad social policy which this pro-
vision establishes. I am partly in favor of
it.

My objection to it is that it is too broad,
and that it does not do what the proponents
of this proposal say that it does.

I fear that it holds out a false promise
to those who would support this constitu-
tion, possibly because of it, and yet this
provision cannot deliver what it promises.

It says the General Assembly shall by
law provide. This provision cannot be en-
forced. If we are to present this constitu-
tion with this amendment or proposal in-
cluded in it, in all candor and in all con-
science, we must indicate that this provision
has no mandatory effect upon the General
Assembly. It does not give nor detract
from the powers of the General Assembly
to enact legislation in this area.

In the past it has provided a Consumer
Protection Bureau, which is a division of
the attorney general's office. That division
is functioning and the Committee heard
testimony from its chief.

In certain instances the legislature has
acted in this area and much needs to be
done, but to say that this provision will
guarantee that we will have super pro-
tection, super education against harmful
and unfair business practices simply is not

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1224   View pdf image (33K)
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