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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1482   View pdf image (33K)
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1482 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 30]

not apply to the state public school system
or to the institutions of higher education.

Delegate Pullen.

DELEGATE PULLEN: Mr. Chairman,
I hope you will forgive me for my intransi-
gence, but I have studied six languages
and taught three and I have learned more
about the English language in the last six
years than I have in all of my years.

All I want to know here is, does that
phrase eliminate from the public schools
and the institutions of higher learning of
Maryland, any particular intent of this
provision?

THE CHAIRMAN: The Chair will state
again what it understands to be the effect
of the amendment, and that is that section
4.20, at least the first sentence of it, would
have no application whatsoever to the state
public school system or institutions of
higher education.

Delegate Pullen.

DELEGATE PULLEN: Sir, that means
yes. I accept it.

THE CHAIRMAN: Delegate Sybert.

DELEGATE SYBERT: Mr. Chairman,
the first sentence also provides, does it not
and is this not the primary and indeed the
sole intent of the section, to provide that
all other departments, Dr. Pullen, must be
headed by a single executive?

THE CHAIRMAN: That is correct.

DELEGATE SYBERT: Even natural
resources, which might include tidewater
fisheries, upland game and fish, four or
five other bureaus. It also would have to
be headed by a single executive, if this
amendment passes? Is that not correct?

THE CHAIRMAN: That is correct,
Delegate Sybert.

Does any delegate desire to speak in
favor of the amendment? Delegate Scan-
lan?

DELEGATE SCANLAN: I am in favor
of the amendment in both of its parts, but
I think in yielding to Mrs. Maurer's re-
quest that her amendment not be divided as
restating the question as the Chair has
done, that the Chair has actually done a
disservice both to Mrs. Maurer and to the
Convention.

There are really three categories of
votes here. First, there are those who
would want all principal departments
headed by a single officer, with no boards

whatsoever, with no exceptions for any-
body.

Secondly, there are those who would
want a single executive for all principal
departments, except the state public school
and the institutions of higher education.

Thirdly, there are those who would pro-
vide for a board for the state public school
system and systems of higher education,
and also, like Mr. Storm and Mr. Sybert,
would permit the legislature to provide for
a board in other instances, so you have
three different situations, three different
categories of votes, and I do not think the
matter can be presented in one issue. I
think there are at least two. I think her
amendment was originally properly divis-
ible and I appeal the ruling of the Chair
and suggest we vote A, on the first part,
and B, on the second.

THE CHAIRMAN: The Chair suggests
to Delegate Scanlan that the purpose that
he desires to achieve can readily be
achieved if he will offer an amendment to
the amendment, to add the words "unless
otherwise provided by law" to the sentence.

A vote on that amendment would test
the sentiment of the Committee on the
precise points you raised.

DELEGATE SCANLAN: I hope they
do.

THE CHAIRMAN: Delegate Scanlan.

DELEGATE SCANLAN: I do not want
to do this. I am in favor of Delegate
Maurer's motion, but I do not think it is
fair to those in the General Assembly who
want to have other areas with a board.

THE CHAIRMAN: Delegate Scanlan,
you said you appealed the ruling of the
Chair and I am not sure to which ruling
you referred.

DELEGATE SCANLAN: I thought in
effect you originally acceded to my request,
that the question be made divisible and
then in yielding to Delegate Maurer's
blandishments, that in a general way you
restated the question in a way that I think
now poses an unfair choice for the Conven-
tion.

They have to take the whole apple unless
someone comes forward with this amend-
ment you suggest, and I do not see why
you did not rest with your original de-
cision and let the question be divided, vote
A and then vote B.

THE CHAIRMAN: The Chair did not
change its decision. The Chair said the



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1482   View pdf image (33K)
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