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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1725   View pdf image (33K)
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[Dec. 4] DEBATES 1725

DELEGATE SCANLAN: Yes, sir.

THE CHAIRMAN: Delegate Gleason.

DELEGATE GLEASON: Do I under-
stand that the question before us is for
reconsideration, and if we vote to recon-
sider, then the amendment that has been
distributed will be voted upon?

DELEGATE SCANLAN: Why, cer-
tainly.

THE CHAIRMAN: Delegate Gleason.

DELEGATE GLEASON: The other
question I have is as this amendment is
now written, would this be stretched
enough to cover race track operation with-
in the State of Maryland?

THE CHAIRMAN: Delegate Scanlan.

DELEGATE SCANLAN: I gather from
the definition of lottery that has grown
up, that lottery would not include race
track operations on the ground ; that is a
sport. There is skill involved and not pure
chance. Let me say very frankly, Delegate
Gleason, you know that I have the greatest
reservation about any provision but it
seems to me that at least the proposed
amendment if the vote were reconsidered,
would make it perfectly clear the only
thing we are prohibiting is state operation
or local operation of what is considered to
be a lottery and hopefully horse racing is
not a lottery.

THE CHAIRMAN: Delegate Henderson.

DELEGATE HENDERSON: Could I
ask Delegate Scanlan if it is not true that
the purpose of financing any expenses of
the government would allow you to have a
lottery for the State to build the Washing-
ton Monument or any other g'ood work or
evil work.

THE CHAIRMAN: Delegate Scanlan.

DELEGATE SCANLAN: I would
think, Judge Henderson, buildin.fi1 a monu-
ment or doing other good or evil works if
authorized by the General Assembly would
be regarded as an expense of government
and the General Assembly could be called
to act on that basis.

The purpose of the amendment would be
to make clear the only thing we are pro-
hibiting is the conduct of the lottery by
the General Assembly or the political sub-
division for the purpose of raising public-
funds.

THE CHAIRMAN: Delegate Bennett.

DELEGATE BENNETT: Mr. Chair-
man, may I ask whether Delegate Scanlan

would consider revising this in view of
what he has just now said to say that
neither the General Assembly nor the gov-
erning body of any political subdivision of
the State shall authorize or operate a lot-
tery for any purpose.

THE CHAIRMAN: Delegate Bennett,
the amendment is not before us. At the
proper time, if it comes before us you
could submit that question to Delegate
Scanlan.

Delegate Bennett.

DELEGATE BENNETT: If the motion
to reconsider prevails, that must be borne
in mind.

THE CHAIRMAN: Very well.
Delegate Rybczynski.

DELEGATE RYBCZYNSKI: Mr. Chair-
man, in fairness I think we should vote
on the motion as it is now on the floor.
This is the very first debate I have ever
heard in my lifetime on the question of
lottery. It has been an education to me and
I am sure most of the delegates here.
Most of us went into this vote without
amendment in the belief that there were
going to be amendments, so that if that
be the case, it seems right and proper that
we g-o ahead with the motion to recon-
sider. There has been a lot of law thrown
out this afternoon that is awfully hard to
comprehend.

THE CHAIRMAN: Deleg-ate E. Church-
ill Murray.

DELEGATE E. C. MURRAY: I am not
sure about the propriety. Yet we have been
told what amendment will be applied if we
reconsidered. We ought to have a clear
understanding. What is your intention
here? I gaze with some alarm at what ap-
pears to be the breadth of this amendment.

THE CHAIRMAN: Let the Chair state
what he understood Delegate Scanlan to
indicate the purpose of the amendment to
be without trying to phrase it exactly and
Delegate Scanlan can correct the Chair if
he is wrong.

He would propose to offer the amend-
ment which would forbid lotteries being
conducted by or for a State or political
subdivision, but would not include private
lotteries which would leave it to the legis-
lature to permit or forbid private lotteries,
is that correct?

Delegate Scanlan.
DELEGATE SCANLAN: Yes.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1725   View pdf image (33K)
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