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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1279   View pdf image (33K)
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[Nov. 27] DEBATES 1279

THE CHAIRMAN: Delegate Sybert.

DELEGATE SYBERT: The original
vote was 10 to 10.

THE CHAIRMAN: Delegate Storm.

DELEGATE STORM: Then one gentle-
man changed his vote to what became the
majority, although saying that he be-
lieved this should not be taken from the
people, but he wanted to enable the Com-
mittee to have a majority and minority, is
this correct?

THE CHAIRMAN: Delegate Sybert.

DELEGATE SYBERT: I understand
this is correct.

THE CHAIRMAN: Delegate Storm.

DELEGATE STORM: Now, is it be-
cause the vote was so closely divided that
we are treating this article differently so
that the majority has to have two votes to
carry every question, and on the other
articles they only require one vote? Is that
the reason for this change? Do you know?
You do not?

THE CHAIRMAN: Delegate Sybert.

DELEGATE SYBERT: I am sorry,
Delegate Storm, I did not understand the
whole of your question.

THE CHAIRMAN: Delegate Storm.

DELEGATE STORM: As I understand
it, the Chair explained earlier, that we are
treating the executive article differently
from any other.

THE CHAIRMAN: Delegate Storm, the
Chair has to correct you on that. That is
not what the Chair said. This article is
being treated precisely as were the others.
We had previously a report of the Com-
mittee on State Finance and Taxation, and
any report that has a recommendation as
to what is not in the constitution is treated
in exactly the same way.

DELEGATE STORM: Thank you, Mr.
Chairman. I am glad to get that explana-
tion. I thought it was queer that you re-
quired an evenly divided Committee to go
through two steps. I am glad you made
that clear.

THE CHAIRMAN: Delegate Bushong.

DELEGATE BUSHONG: Delegate Sy-
bert, is it true that in the black spotting
of President Truman's administration,
were the appointees made in the Internal
Revenue, and about nineteen of them went
to jail?

THE CHAIRMAN: Delegate Sybert.

DELEGATE SYBERT: I am not too
clear about that, Delegate Bushong. I do
not have the facts at my fingertips.

THE CHAIRMAN: Delegate Dorsey.

DELEGATE DORSEY: Delegate Sybert,
is it not correct that on the first vote this
Executive Committee entertained on the
office of comptroller in the constitution, the
vote was 10 in favor, 9 opposed, and one
abstaining?

THE CHAIRMAN: Delegate Sybert.

DELEGATE SYBERT: I am not cer-
tain about that, Delegate Dorsey. It was
10 and 10, and then it became 11 and 9;
but you are possibly correct.

THE CHAIRMAN: Delegate Dorsey, do
you have a further question?

DELEGATE DORSEY: No, sir, but I
think the records of the Committee will
speak as to that, and I think it will verify
what I asked Judge Sybert. On the original
vote it was 10 to retain the office of the
comptroller in the Constitution, 9 against,
and one abstaining.

THE CHAIRMAN: Delegate Grant.

DELEGATE GRANT: Delegate Sybert,
Delegate Adkins referred to the fact that
a number of the states have a chief fiscal
officer. In general terms, do the duties of
the chief fiscal officers in these other states
approximate the duties of the comptroller
in Maryland?

THE CHAIRMAN: Delegate Sybert.

DELEGATE SYBERT: As far as I
know, they do.

THE CHAIRMAN: Delegate Grant.

DELEGATE GRANT: The second ques-
tion I wanted to ask you is what I asked
Delegate Adkins, and that is whether there
would be a difference between the powers
the office of the comptroller would have in
it as a constitutional office vis-a-vis a legis-
lative office. You referred to quasi- judicial
duties. Would you visualize he could per-
form these quasi-judicial duties if it were a
constitutionally created office rather than
a legislative office?

THE CHAIRMAN: Delegate Sybert.

DELEGATE SYBERT: Do I understand
the question to be that if the comptroller
were not provided for in the constitution
but provided for by simple legislation, he
could have delegated to him quasi-judicial
powers?

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1279   View pdf image (33K)
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