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would be the right word in its place. Then
it would read "lottery shall not be author-
ized by the State or its political subdi-
visions."
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: I just have
one other question. What do you believe
the odds are against the Court of Appeals
declaring bingo to be a lottery.
(Laughter.)
DELEGATE SHERBOW: 1 learned long ago the only thing that is safe not to bet on
outside of what a court will do is what the
Convention will do on a given vote.
(Laughter.)
THE CHAIRMAN: Any further ques-
tions? Delegate Sherbow, before you leave
the desk, the Chair is now confused once
more by the answers to first Delegate
Harry Taylor's questions and then answers
to Delegate Gallagher. I had supposed from
your answer to Delegate Taylor's questions
that you were suggesting that you would
not be opposed to a provision with respect
to lotteries that that would prohibit a lot-
tery being conducted either by the State or
its political subdivisions. I take it from
your answer to Delegate Gallagher that you
were adhering to your prior position that
this language should be so drawn regard-
less of what words are used as to prohibit
both public and private lotteries. Can you
state clearly which is the proper interpre-
tation?
DELEGATE SHERBOW: Our interpre-
tation is that lotteries shall not be author-
ized by the State or its political subdivi-
sions. This means that the state will not
have lotteries, political subdivisions will not
have lotteries, and private groups cannot
have lotteries. Our interpretation is bingo
is not lottery.
THE CHAIRMAN: But if it should be
held by the Court of Appeals to be em-
braced within the meaning of the word lot-
tery, then the effect of this provision would
be to prohibit it, is that correct?
DELEGATE SHERBOW: I am sorry to
say that would be so. I would hate to have
that end result. If somebody or any group
feels so strongly about this aspect of it, I
for one would be perfectly willing to say
that the subject of bingo, as we now have
it in Maryland, is under sufficient restraint
and protection of the present laws that we
do not intend to outlaw it by this provision.
THE CHAIRMAN: Delegate Fox.
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DELEGATE FOX: Delegate Sherbow,
we now have what I think is substantially
the same language in the present Constitu-
tion as the language of your Committee.
We now have permitted in the State of
Maryland raffles. These raffles are author-
ized, as you are aware, by law. In some
counties they have to get a license for
them from the, I started to say sheriff,
but that's almost an improper word. But
under the recommendation of the Commit-
tee, am I correct in assuming that the raf-
fles would still be permitted and the same
way they are now permitted under the simi-
lar language in the present Constitution.
DELEGATE SHERBOW: This is what
we were not intending to interfere with.
We did not intend to interfere with that.
THE CHAIRMAN: Any further ques-
tions?
Delegate Grant.
DELEGATE GRANT: Delegate Sher-
bow, under the general police powers of
the State, as I understand it, the General
Assembly could prohibit any form of gam-
bling including horse racing or bingo or
anything else, is that correct?
DELEGATE SHERBOW: Yes.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: Would I be cor-
rect that if this amendment were passed,
the Court of Appeals, by interpreting horse
racing, bingo, or any other form of gam-
bling, as a lottery, could certainly prohibit
it by declaring it to be unconstitutional.
DELEGATE SHERBOW: They have not
done so; they have done the reverse, what-
ever they have done in the past. That's all
I can say, just as they have not with re-
spect to bingo.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: I realize that,
Judge Sherbow, and I realize what you say
here, but despite everything we say here,
if such circumstances would appear, any-
thing that the Court of Appeals would de-
fine as a lottery, they could then prohibit.
DELEGATE SHERBOW: All I can say
is that if we were going to stretch the
definition to include every conceivable form
of gambling when what we are really talk-
ing about is lottery, then I have no control
over what would take place.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: However, if there
was nothing in the Constitution concerning
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