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THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: That is correct.
THE CHAIRMAN: Delegate Sybert.
DELEGATE SYBERT: Possibly so, but
we are faced with something that might
have to be construed by the Court of Ap-
peals unless we clear it up in this present
constitution. When the Convention proposes
a judicial article saying all judicial power
is vested in the judiciary and all executive
power is vested in the governor, unless pre-
cise powers are vested to the comptroller
in the constitution, either directly or by
necessary implication, the question could be
raised that any comptroller established only
by statute could not exercise any powers
which would encroach or derogate from the
powers of the judiciary or derogate from
the powers of the public. That is one reason
why the minority thinks the comptroller
should be provided for in the constitution
and his powers spelled out.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: This would apply
whether the comptroller was to be ap-
pointed by the governor or elected by the
people.
THE CHAIRMAN: Delegate Bennett.
DELEGATE BENNETT: Judge Sybert.
Did I understand you to say that if the
comptroller did not serve on the Board of
Public Works, that would change your
judgment as to whether or not he should
be elected?
THE CHAIRMAN: Delegate Sybert.
DELEGATE SYBERT: No, sir, I made
no such statement.
THE CHAIRMAN : Delegate Bennett.
DELEGATE BENNETT: One of the
reasons you feel he should be elected is
because of this powerful position he holds,
is that not correct?
THE CHAIRMAN: Delegate Sybert.
DELEGATE SYBERT: I think it is an
added reason why he should be provided for
in the constitution.
THE CHAIRMAN: Delegate Bennett.
DELEGATE BENNETT: As a purely
fiscal officer, he does not have as much
policy-making powers. He is not one of
the wielders or the leaders of power as
much as a number of other officers, like the
head of the State Department of Educa-
tion or the chairman of the Roads Commis-
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sion or president of the University of
Maryland. Would those not be officers of
greater stature unless he served on the
Board of Public Works?
THE CHAIRMAN: Delegate Sybert.
DELEGATE SYBERT: They are offi-
cers of an entirely different character, dif-
ferent functions and different character.
The minority submits that since for one
hundred sixteen years it has been found to
work very well to have an elected comp-
troller as the watchdog of the state's
money, meaning the taxpayers' money, the
minority does not feel that there is any
reason for making a change.
THE CHAIRMAN: Delegate Bennett.
DELEGATE BENNETT: One last ques-
tion. You just now said that the comp-
troller should be in the constitution and
his powers spelled out specifically. Would
that include service on a Board of Public
Works?
THE CHAIRMAN: Delegate Sybert.
DELEGATE SYBERT: That is what
the minority proposes, of course, but the
ultimate result will depend on what this
Convention does with respect to the Board
of Public Works, I say.
THE CHAIRMAN: Delegate Henderson.
DELEGATE HENDERSON: Judge Sy-
bert, I was rather surprised, you referred
to the quasi-judicial powers of the comp-
troller. That is in connection with his de-
cision on tax matters, is it not?
THE CHAIRMAN: Delegate Sybert.
DELEGATE SYBERT: Yes, sir.
THE CHAIRMAN: Delegate Henderson.
DELEGATE HENDERSON: Is that not
the exercise of such powers? Is it not true
that every one of his decisions are review-
able by an appeal to the Tax Court which
is an appointive court which owes nothing
to the constitution at all, and that that
court also handles the appeals from asses-
sors who are not constitutional officers?
THE CHAIRMAN: Delegate Sybert.
DELEGATE SYBERT: Yes, sir, that is
quite correct. They have a further appeal
to the courts.
THE CHAIRMAN: Delegate Henderson.
DELEGATE HENDERSON: You still
maintain in order to give him that quasi-
judicial power, you have to put the comp-
troller in the constitution?
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