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question was divisible, and informed Dele-
gate Maurer that if her amendment re-
mained in its then form the Chair would
divide it.
I suggested to her a means by which she
could submit her amendment to accomplish
her purpose, and I thought it would also
accomplish the purpose of you or any other
delegate.
Delegate Scanlan.
DELEGATE SCANLAN: I am fishing in
troubled waters. If those who want to have
a shot at the issue do not want to come
forward with an amendment I am not going
to give it for them.
THE CHAIRMAN : Delegate Key.
DELEGATE KEY: I would like to ask
Delegate Maurer a question.
THE CHAIRMAN: Delegate Maurer.
DELEGATE MAURER: I yield.
THE CHAIRMAN: Delegate Key.
DELEGATE KEY: The question relates
to heads of departments of the executive
branch. It was my understanding from the
testimony of Delegate Morgan yesterday
that there is the possibility that one of the
departments in this new system which is
to be decided by the General Assembly at a
later date might be health, education and
welfare. It just seems to me that this
amendment is assuming that education will
be a principal department.
I just wanted you to clarify that.
THE CHAIRMAN: Delegate Maurer.
DELEGATE MAURER: Mrs. Key, it is
my understanding or interpretation that
this does not mandate the University of
Maryland as a principal department, but
in the event that the state public school
system or the University of Maryland
should be set up as a principal department,
then the head of that department would
really be, or could be a board, and would
not have to come under the single execu-
tive to head it.
THE CHAIRMAN: Delegate Key.
DELEGATE KEY: I wondered though
about the advisability of putting in some-
thing into the Constitution that might not
be.
THE CHAIRMAN : Delegate Maurer.
DELEGATE MAURER: I think it is
very essential, because the minority report,
for which this amendment is a substitute,
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tried to handle it by saying that the public
schools could be a department, but the
problem there is that if it became a prin-
cipal department, it would have to be
headed by a single executive.
That is just the eventuality which I
would like to avoid, and it seems to me
that it is essential to protect our universi-
ties, our colleges and the state public
school system, and while it is difficult to do
it in a few words, I too, would prefer to
be able to spell it out, if this applies only
to the eventuality that they are set up as
departments.
It seems to me this takes care of the
eventuality without mandating that they
become principal departments. I see no
other way of handling it.
Might I also say that I think this does
allow the Convention a three-way choice,
because the existing wording of the blue
sheets, as we have worked with them,
provides an exception for schools too be-
cause it says "unless otherwise provided by
law", but then I point out there are other
opportunities here for your choices.
THE CHAIRMAN: Delegate Key, do
you have a further question?
DELEGATE KEY: Well, I just won-
dered, and I think she answered it, I
wondered if the purpose for including "Un-
less otherwise provided by law" was the
intention of the Committee there to pro-
tect education.
THE CHAIRMAN: Delegate Maurer.
DELEGATE MAURER: Yes, and other
particular functions of government, but
the problem there is that it leaves to the
legislature the opportunity to create a
board to head the finance department or to
head any other department which is set up.
It does not spell out the areas which are
protected.
THE CHAIRMAN: Delegate Bard.
DELEGATE BARD: Mr. Chairman, I
should like to offer an amendment to the
amendment.
THE CHAIRMAN: State the amend-
ment.
DELEGATE BARD: Placing back "un-
less otherwise provided by law."
THE CHAIRMAN: At the end of the
sentence, Delegate Bard?
DELEGATE BARD: That is correct,
sir.
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