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tion and carry them on by your assistance,
that that which is to be effected here may
always begin from You, and through You
be brought to completion ; that the results
of this Convention may tend to the preser-
vation of peace, the promotion of happi-
ness, the increase of industry, sobriety and
useful knowledge; and may perpetuate to
us the blessings of equal liberty. Through
Thy divine providence. Amen.
THE PRESIDENT: Roll Call.
(The roll was called.)
THE PRESIDENT: Has every delegate
answered roll call? The Clerk will record
the roll call.
The Chair recognizes Delegate Powers,
Chairman of the Committee on Calendar
and Agenda.
DELEGATE POWERS: Mr. President,
in view of the fact that today's calendar
and agenda went to the printer about 4:00
P.M. yesterday afternoon, I would like to
move to amend the calendar so as to pro-
vide that we resume consideration of Com-
mittee Report EB-1 and that the Debate
Schedule No. 5 reflect the change that was
made yesterday afternoon in that item 1
would be deferred until after items 2 and 3
were concluded. That is to say, we would
conclude the consideration of the comp-
troller and treasurer, both of whom would
be involved in the Board of Public Works,
before we resume consideration of the
Board of Public Works.
With that change, I move that the calen-
dar be adopted.
THE PRESIDENT: Is there a second?
(The motion was seconded.)
THE PRESIDENT: All in favor of the
motion to adopt the calendar, — Delegate
Kiefer.
DELEGATE KIEFER: Can there be
any discussion on this, Mr. President?
THE PRESIDENT: Yes.
DELEGATE KIEFER: I find myself,
sir, in a very unhappy position and I think
that I speak for a great many people in
this Convention. Looking over the situation
in the last day or so, sir, I find that people
with whom I have a great deal in common,
a great deal of admiration and respect,
like Governor Tawes, Judge Shaw, Judge
Sherbow, Judge Dorsey, Judge Sybert, Sen-
ator Della, Delegate Malkus, Delegate Hps-
tetter and many others are taking differing
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positions. I face a situation that I think a
lot of people do, a certain amount of con-
fusion. This is why I rise at this time in
connection with this amendment to the
agenda.
There is a basic problem that is basic to
this Convention, I think, sir, and that is the
problem that is first of all one of tradition,
the upsetting completely of certain Mary-
land concepts in the election of attorney
generals, comptrollers, treasurers and so
forth, and also in connection with the
Board of Public Works. These are things
that have long been traditional in our
government.
At the same time, sir, there is a very
basic fundamental concept which goes even
deeper and stronger which applies to this
State, to every state and the nation, and
that is the complete separation of powers
into executive, legislative and judicial.
This is a concept that ought not to be
marred and we know that. I think Judge
Childs has argued strongly for that in the
Committee on Personal Rights and the
Preamble. I think it has been brought out
also in General Provisions.
The point I wish to make is this. It
seems to me if we can carry on with this
debate at this point, we are in a position
where a strong group feeling one way may
win out by a few votes over a strong
group that may feel the other way when
basically I do not think there is a real dis-
agreement or real separation.
I think we want to do what is best for
the State of Maryland and I am wonder-
ing, sir, if it is not possible to work out a
plan, a scheme that would satisfy all the
people, not a compromise.
I found in the Committee of Personal
Rights and Preamble where we had some
pretty controversial subjects, that after de-
bate on all sides, we reached a decision
almost unanimously on basic issues, be-
cause this was not a compromise but a
realization that a solution was possible.
I am wondering if some kind of a select
committee could be appointed to see if it
could not work out a framework here which
would establish what we want to do with
the separation of these powers and at the
same time provide for the basic traditional
offices for which we all have a lot of
regard.
I do not want to do Louie Goldstein out
of a job or Bill Birch. It seems we would
all feel more comfortable or more happy
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