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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1649   View pdf image (33K)
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[Dec. 2] DEBATES 1649

The point of it is that this is a legisla-
tive matter and there is really no reason
whatsoever to require it in the Constitu-
tion, and I object to it. This is my first
objection and the one that has the least
force; it is very expensive and cumber-
some, it does not really provide you with
much of anything.

Second, it provides a very serious legal
problem, another roadblock, testing of the
legislature, and third, the general consti-
tutional principle is something that you
just should not put in a constitution. It is
not in the federal Constitution and I doubt
it is in any other state constitution, and
we are just doing a little social experiment-
ing here.

THE CHAIRMAN: Are there any ques-
tions of the sponsor of the amendment?

Delegate Weidemeyer.

DELEGATE WEIDEMEYER: Delegate
James, do you have any idea of the cost
to the State of Maryland which we are
mandatorily putting on them by requiring
all debates to be recorded and all journals
of committees, et cetera, and individual re-
corded votes to be entered?

THE CHAIRMAN: Delegate James.

DELEGATE JAMES: Based upon the
experience of this Convention, it will be in
the neighborhood of a hundred thousand
a year. Of course, I apologize for mention-
ing money here.

THE CHAIRMAN: Are there any fur-
ther questions; Delegate Gleason.

DELEGATE GLEASON: Mr. Chairman,
apropos of that last question that was
asked the sponsor of this amendment, I
wonder if he could enlighten the Commit-
tee of the Whole as to what percentage of
the state budget is allocated to legislative
proceedings at the present time?

THE CHAIRMAN: Delegate James.

DELEGATE JAMES: I do not know
really about percentage. I have not really
made a calculation. It costs about three
million dollars a year to operate the
legislature.

THE CHAIRMAN: Delegate Gleason.

DELEGATE GLEASON: Would the del-
egate be surprised if I told him it was one
percent?

THE CHAIRMAN: Delegate James.

DELEGATE JAMES: No, I would not
be surprised at that. I would say this, that
the legislative branch of government is the

least expensive branch of the government.
It costs the citizens of Maryland about 75
cents apiece to support the legislature.

However, I would say that this docs not
justify the wasteful expenditure of public
funds. I suppose that is my puritan ethics.

THE CHAIRMAN: Delegate Gleason.

DELEGATE GLEASON: I wonder if
the delegate would be at least liberal
enough to let it cost the citizens 76 cents?

THE CHAIRMAN: Delegate James.

DELEGATE JAMES: I will not spend
a cent which is not justified.

(Applause.)

THE CHAIRMAN: Delegate Weide-
meyer.

DELEGATE WEIDEMEYER: A ques-
tion directed to Delegate James.

THE CHAIRMAN: State the question.

DELEGATE WEIDEMEYER: Delegate
James, in addition to being a distinguished
former President of the Senate and a dis-
tinguished attorney, probably you could
answer me this constitutional question.

If the legislature did not keep this daily
journal and keep this transcript of all the
debates and the legislature in its wisdom
figured that rather than put another tax
bill on the people of the state of Maryland,
it would save the money and not publish the
transcript, could the Court of Appeals or
any other court issue a mandatory injunc-
tion and compel the legislature to act in
this respect?

THE CHAIRMAN: Delegate James.

DELEGATE JAMES: I really do not
know. After what has happened in recent
years anything can happen.

THE CHAIRMAN: Delegate Singer, do
you have a question of Delegate James?

DELEGATE SINGER: I do.
THE CHAIRMAN: Delegate Singer.

DELEGATE SINGER: Are not the me-
chanical problems you have mentioned in
reference to keeping a transcript very simi-
lar to those encountered by state and fed-
eral courts throughout the country in civil
and criminal trials, and are solved there?

THE CHAIRMAN: Delegate James.

DELEGATE JAMES: I would think
that they would be somewhat similar. How-



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1649   View pdf image (33K)
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