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DELEGATE SCANLAN: Then under
your language, should bingo be declared to
be a lottery by the Court of Appeals, under
the old language and under your language,
it would be illegal.
DELEGATE SHERBOW: Yes, because
it the Court of Appeals should decide that
what we have been living under for a hun-
dred years, what the attorney general de-
cided in 1935 and four attorneys general
since, that all of them were wrong and
that the definition includes something else,
we will have to obey that law.
THE CHAIRMAN: Delegate Scanlan.
DELEGATE SCANLAN: Did your Com-
mittee give any consideration about other
possibilities of activity that would possibly
be included under the definition of lottery?
For instance, would a daily double bettor
quinnella be regarded as lottery under the
language proposed for inclusion in the
Constitution?
DELEGATE SHERBOW: We did not
consider it because horse racing in the
State of Maryland is accepted as legal
when operated within the meaning of the
statutes which govern horse racing in the
State of Maryland. The manner of betting and everything pertaining to betting is gov-
erned by either the statute or the rules of
the Racing Commission and therefore as
far as we were concerned, did not consider
that as a part of lottery.
THE CHAIRMAN: Delegate Scanlan.
DELEGATE SCANLAN: Did your Com-
mittee draw back from attempts to define
lottery because of the difficulties in defining
the term?
DELEGATE SHERBOW: On the con-
trary, we felt that lottery, as we under-
stood it, is just what is so simple and
which is now being complicated because of
the bingo situation. Lotteries, as we under-
stand them are the lotteries you read and
know about in New York State, and in
New Hampshire. Bingo is something totally
different and is not lottery.
THE CHAIRMAN: Delegate Scanlan.
DELEGATE SCANLAN: Is the defini-
tion or the understanding that you just
stated in response to my last question, the
clear and unequivocal intent of your com-
mittee in proposing SF Recommendation
No. 2?
DELEGATE SHERBOW: Absolutely.
THE CHAIRMAN: Delegate Hardwicke.
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DELEGATE HARDWICKE: Mr. Chair-
man, I have listened to your statement
and I read your report very carefully. It
seems to me that the thrust of your prohi-
bitional statement in the constitution is
that lotteries are horribly sinful and lead to
organized gambling; and racketeering.
Let me ask you whether or not there are
other equally evil things that ought to be
constitutionally prohibited.
DELEGATE SHERBOW: I can only
answer this to you. There are many evil?
which are the subject of no laws whatso-
ever. They are matters of morality. They
are not in the constitution, not even in the
statutes. This is a matter with one's own
conscience.
We have here a specific situation, one
with which the people of Maryland dealt
with well over a century. You now have
before you a decision that you have to
make. Do you want to follow what has been
done or do you want to change it? I say
the reasons for not changing it are these.
One, that the prohibition against lotteries
is good. Secondly, it accomplishes no good
to take it out. Thirdly, it brings evils of its
own along with it.
I am not up here to say that we should
begin now and statutorily or constitu-
tionally define everything that is evil and
proceed to correct it.
THE CHAIRMAN: Delegate Hardwicke.
DELEGATE HARDWICKE: Then what
you are saying is that anything which is
evil and which is prohibited by the existing
Constitution should be continued into the
1967 constitution.
DELEGATE SHERBOW: Well, I do not
know what you mean by that. Everything
that is in, if you direct me specifically to
what you are talking about, I will answer
it. I am saying I am dealing now with one
specific matter.
THE CHAIRMAN: Delegate Hardwicke.
DELEGATE HARDWICKE: The thrust
of my question was, what test should we
lay down for the prohibition of evils in the
constitution? Your answer was, as I under-
stood it, that this prohibition against this
evil was in the present Constitution, there-
fore it should be continued in the next con-
stitution. That was the only additional test
that you gave me for prohibiting evils in
the constitution.
DELEGATE SHERBOW: On the con-
trary, I thought we had emphasized the
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