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for Delegate Henderson, one of my dearest
friends and a man whom I respect tre-
mendously.
The legislature having given this power,
can take it away. My answer is no, because
if the legislature dared to take this power
away, the people of Maryland would rise up
and in a referendum would overwhelmingly
defeat that piece of legislation.
You see, we have had a Board of Public
Works in Baltimore City. It has control of
half a million dollars and not a billion. We
have a strong executive system. The mayor
of Baltimore controls the Board of Public
Works and I approve of the control of the
Board of Public Works by the governor of
Maryland, but do not let that elected offi-
cial, one or two of them, ever get out of
this place where they can say "Nay, gov-
ernor, Nay, Mr. mayor, don't you do that."
If any person in Baltimore City suggested
amending our constitution which is called
a charter and eliminating the Board of Pub-
lic Works he could not get a corporal's darn
of votes to sustain any such position, be-
cause whether you like the people who com-
plain and holler and scream in your favor
and mine as a citizen — and believe me
there are times when they can be trying
on one's patience — let me say to you it is
good to have them there.
Let me cite an example, right in this
very building1 that we sit in in this solemn
conclave, the Department of Public Works
of this state recommended a purchase of a
piece of property for $1,200,000.00. But
when it reached the public, the Board of
Public Works, the governor under whom
that department was responsible, and the
state treasurer, it cost the state $600,000.
I am going to tell you something else
about the kind of power you are giving
away. Do you know that the Board of Pub-
lic Works is not required to submit to com-
petitive bidding or to take the lowest bid-
der. All of this power which you are willing
to trust, as I am, to elected officials who
are there to prevent those associated with
them on the Board from doing anything
wrong — would you give this same power
to a governor who may meet and see the
public when he chooses and as he chooses ?
Mr. Chairman, how much total time do
I have?
THE CHAIRMAN: About two minutes,
I think.
DELEGATE SHERBOW: I am going to
speed on. I would like to mention this one
fact. There is a reference to the Curlett
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Commission report. I was chairman of the
subcommittee. You will have to read that
Commission report and you will find what
it said. I know because I wrote it. I just
sent for it.
We were concerned about the fact that
the Commission draft had been published
and so we said, "We will not act on this
whole problem at all of whether or not we
should ask for the abolition or what should
be done. This is not for us to do."
So what our subcommittee said was in
effect and I have all the quotations here,
that if you do, make sure there are checks
and balances. If you are going to rely on
the legislature for those checks and bal-
ances, be careful that you do not lose them.
^The history of Maryland is replete with
the fact that we have had these cross-
checks between one branch of government
and another and I am thankful that we do*.
We have them within the same branch. Do
not let anybody tell you that you should
buy this pet phrase, "no cross-checks or
checks within the branch."
THE CHAIRMAN: You have one-half
minute, Delegate Sherbow.
DELEGATE SHERBOW: It sounds all
right, but we have it in the legislature
where we have two houses and we have it
in the courts where we have appeals. I say
to you it is time we thought of the people;
the people want to know. They want to
know before the act is sealed and before it
is too late, and they want it done openly.
They want it done publicly. They need this
protection by an elected official. The history
of Baltimore and the history of Maryland
shows that the people of the State are
vastly better off when there is a board and
there is representation by elected officials
who are there, not to follow the dictates of
the executive but to be responsive to the
will of the people.
I urge you to vote to keep the Board of
Public Works in the constitution. It will
be the most important act you can do while
you are here.
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: Mr. Chairman,
I yield five minutes to Delegate Gallagher.
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Mr. Chair-
man and ladies and gentlemen of the Com-
mittee of the Whole: The question before
the Committee is simply this: shall the
Board of Public Works be continued in the
constitution ?
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