|
likewise continue to work on a compromise,
including this matter?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Yes; we
would hope, of course, that the Committee
would show its general disposition by vot-
ing in favor of the Committee and against
the amendment, but if we lose it, we will
certainly try to retrieve what ground we
have by way of compromise.
THE CHAIRMAN: Delegate Clagett.
DELEGATE CLAGETT: And by way
of compromise you will consider making
this a provision by rule rather than by
constitutional mandate?
DELEGATE GALLAGHER: Yes. As I
said, we really do not intend that there be
a literal interpretation of this. If some-
body misses an "a" or "the," we really do
not want the legislature to fall on its face.
We do not mean literal compliance.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: Mr. Chairman, the
vote on the last amendment would indicate
that this amendment would also fail, and
these votes disturb me, because I think
that the members of the Committee per-
haps are viewing this subject from the
standpoint of theory, that theory being the
theory of visibility, whereas there is a very
practical aspect to it, which perhaps has
been lost sight of.
The practical aspect is that what we are
doing here, perhaps, is placing in the Con-
stitution prerequisites which will have to
be met before a bill can become law.
Now, a lot has been said about bond
legislation and since I have some famili-
arity with this subject, I thought perhaps
it might be helpful to the Committee to
give you in some capsule form exactly what
we are talking about.
When an attorney is asked to approve a
bond issue, what he is doing in effect is he
is certifying that the act which was intro-
duced into the General Assembly and be-
came law really is the law.
This means in effect that the bill as it
passed through both houses met all of the
constitutional prerequisites that the docu-
ment requires, so that you can say, without
any doubt at all, that that bill has ripened
into a law.
That is to say, you have got to check
out each of the steps as the bill passes
through to make sure that those steps as
|
required by the Constitution have been
complied with.
In this regard, the job is very much like
the title search that is done when you buy
a house. The lawyer goes to the record
offices of the courthouse and checks out
each of the transactions that preceded the
one you are engaged in and finally deter-
mines that there is a free and clear title,
and so certifies.
Well now, the problem here is that if we
continue to mount Constitutional prerequi-
sites it is going to be virtually impossible
for a conscientious attorney or firm of at-
torneys, to certify that all of these things
have been met.
The vote on the business about the com-
mittees is going to be an extremely diffi-
cult thing to determine, even though we
have a very modern equipment and very
modern machinery to meet these tasks. Still
and all, it is going to be tremendously dif-
ficult, if not impossible, to do.
THE CHAIRMAN: You have one-half
minute, Delegate Case.
DELEGATE CASE: I would hate to see
the constitution drawn in such a way as to
fix these elements as constitutional require-
ments for the certification and validity of
the law.
I am wondering, therefore, and this is
merely a suggestion, whether or not Dele-
gate James would not agree to withdraw
this amendment so that there would not be
a vote on it, with the idea that he and Dele-
gate Gallagher will get together as Dele-
gate Clagett has suggested for the purpose
of continuing these things in the document.
In this way, the visibility theory will be
met, but it will be clear that these matters
are not of such constitutional dignity that
they could in fact force the scrambling of
the laws that would tax the brain of the
best bond attorney in the state.
THE CHAIRMAN: Delegate James.
DELEGATE JAMES: Delegate Case has
explained the matter from a strict legal
standpoint just about as well as it can be
explained.
My political instincts tell me it is well
to withdraw the amendment.
THE CHAIRMAN: Do you do so?
DELEGATE JAMES: Yes, and to seek
further assistance from Delegate Gallagher.
THE CHAIRMAN: Delegate Gallagher.
|
