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DELEGATE MORGAN: Delegate Case,
I will refer you to the Vice-Chairman of
the Committee.
THE CHAIRMAN: Delegate Adkins,
will you reply to the inquiry.
DELEGATE ADKINS: I will do the
best I can, Mr. Chairman. I think the
answer to that will have to be no. That
was not the intention. The matter was not
pinpointed. I am a little reluctant to speak
for the Committee. I think the general
theory was not to grant that power to the
Governor for reorganization.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: Delegate Adkins,
that being the case, would you or could
you accept an amendment to section 4.19
which would make it clear that the section
is inapplicable to the academic, in other
words, these institutions will retain aca-
demic freedom and that this subject will
not be the object of gubernatorial inter-
ference?
THE CHAIRMAN: Could the Chair
make a suggestion, then? I take it from the
answer given by Delegate Adkins that the
Committee on the Executive Branch was
not endeavoring to determine or make a
recommendation with respect to the policy
of the Convention as to educational insti-
tutions but that it anticipated that this
would be done by action of the Convention
on the recommendations of the Committee
on General Provisions. If that were true,
that whatever action was taken by the
Convention or the Committee of the Whole
with respect to the administration of edu-
cational institutions would take precedence
over this section insofar as it had any ap-
plication to educational institutions. Is that
correct, Delegate Adkins?
DELEGATE ADKINS: I think that is
quite correct, Mr. Chairman, if I might be
allowed to amplify my answer. I think it
was not intended under the organization
power of the governor to permit him to in-
terfere at the University of Maryland be-
low the level of the Board of Regents. It
was not intended he could withdraw the
law school from the University of Mary-
land and give it to the state colleges. It
was not pinpointed. That would be my
interpretation.
THE CHAIRMAN: It would seem to me
it would be very awkward to cover the
language suggested by the situation cov-
ered by Delegate Case in this section when
we do not have before us the action of the
Convention or the Committee of the Whole
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with respect to educational institutions.
Perhaps the objective, Delegate Case,
could be achieved if it were stated quite
clearly in the record that there is no in-
tention in acting on these sections to su-
persede any action with respect to recom-
mendations of the Committee on General
Provisions and the action of the Committee
of the Whole with respect thereto as edu-
cational institutions and that the latter
would have priority. This is perfectly satis-
factory to me, Mr. Chairman, except on
one contingency I sincerely trust does not
come to pass. That is that the Committee
of the Whole and undoubtedly the Conven-
tion does nothing about the power of man-
agement including the academic freedom
with respect to the University of Maryland
the state colleges.
If that should happen and if absolutely
nothing be done, in other words, if the
minority and/or the majority report of the
General Provisions Committee was voted
down, then under the technical language
that we find here the governor could, if he
so desired, change a course at the law
school, for example, under the definitional
concept that we have had today.
I would be perfectly willing and, as a
matter of fact, anxious not to offer an
amendment here if it could be understood
that if the remote contingency suggested
would come to pass, I would still have an
opportunity somehow or another to get this
matter back before the Convention because,
very frankly, I do not think and I would
trust that the majority of the delegates
here sampled would agree with me that the
governor, no matter how fine he would be
should have the right to interfere with the
academic freedom of our institutions of
higher education.
THE CHAIRMAN: The Chair thinks he
can give you the information you seek
without violating any rules of the Conven-
tion by assuring you that the reports of
the Committee on Style with respect to
Committee Recommendation EB-1 will not
be submitted to the Convention until the
Committee of the Whole has acted on the
recommendation of the Committee on Gen-
eral Provisions.
You would, of course, then have an op-
portunity on second reading to offer any
amendment that might be applicable to the
article.
Delegate Case.
DELEGATE CASE: Mr. Chairman, if
you will keep that point in mind and let me
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