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out of the section that you have now re-
ferred to and put it into the section that
was before the Committee last week, so
the result is that they are exactly the
same. They mean exactly the same thing.
DELEGATE J. CLARK (presiding):
Delegate Sherbow.
DELEGATE SHERBOW: And it is no
longer required that they be for a single
work, purpose or object in one separate
bill.
That may account for the impossible
situation that developed in the last case.
DELEGATE J. CLARK (presiding:):
The Chair recognizes Delegate Pullen.
DELEGATE PULLEN: Mr. Chairman,
as this is the required hour of questioning,
to make my question legal, I will ask
Judge Sherbow if he does not agree, first,
that all appropriations in his estimates go
to the counties to provide education for the
children of those counties and, further, to
provide education in both public and pri-
vate schools for handicapped children ; sec-
ond, that these provisions do not apply to
the colleges, to the State Department of
Education or anything else; third, that the
law spells out specifically the purpose for
which appropriations are made and that
the State Department of Education does
not have the right to put anything in the
budget that the law does not provide? In
other words, it cannot put in, nor can the
governor, put any funds in the budget that
are not provided for by the law.
Also, four, that the legislature in its
wisdom from time to time may change
the law and change thereby the estimates.
I forget the numbers now, but the last one
is this, that the real difference of the whole
matter is concerned primarily with money,
and the differences are created mainly by
the mistakes in the estimates of the assess-
ments and the income, and that is not the
province of the State Department of Edu-
cation? It has nothing whatever to do with
it. It does work out the mathematics on
the basis of figures given to it, but they
can be changed at any time. The whole ap-
propriation can be changed at any time by
the governor and the budget director and
the legislature by changing the estimates
of the income.
DELEGATE J. CLARK (presiding):
Delegate Sherbow.
DELEGATE SHERBOW: Delegate Pul-
len, if that is a question, the answer is yes.
DELEGATE J. CLARK (presiding):
The Chair recognizes Delegate Bamberger.
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DELEGATE BAMBERGER: Section
6.04, lines 11 and 12 on page 2 of the
Committee Recommendation describes the
budget and says it shall be in such form
and detail as the governor shall determine.
Then in section 6.06, it says at the end of
the first sentence, that the governor shall
deliver a budget in such form and detail
as he shall determine or as may be pre-
scribed by law.
DELEGATE SHERBOW: Let us go
back to lines 9 and 10, where it says, "a
complete plan of proposed expenditures by
prog-ram including all appropriations re-
quired by this constitution or by law, and
any additional information prescribed by
law, all in such form and detail as the gov-
ernor shall determine."
Now, in the presentation of it, it simply,
as I see it, says he delivers the budget in
a bill, classified in such form and detail as
he shall determine, and as may be pre-
scribed by law.
DELEGATE J. CLARK (presiding):
Delegate Bamberger.
DELEGATE BAMBERGER: There was
no conflict intended and if there is, the
Committee on Style can take note of it?
DELEGATE J. CLARK (presiding):
Delegate Sherbow.
DELEGATE SHERBOW: Yes. I note
that it has been complained that the legis-
lature adds some things on the budget bill
but they manage to get along1 with it all
right.
DELEGATE BAMBERGER: May I di-
rect your attention to section 6.07, the last
sentence beginning on line 18, "The com-
pensation of a public officer may not be
decreased during his term of office".
Does that apply to public officers of gov-
ernmental units other than the State? Does
it apply to public officers of the City of
Baltimore or another municipality or a
county?
DELEGATE J. CLARK (presiding):
Delegate Sherbow.
DELEGATE SHERBOW: No. This is
the state's budget and this simply provides
that the compensation of a public officer
in connection with this budget shall not or
may not be increased.
I do not think this would make any law
for the local subdivisions under the guise
of an appropriations bill dealing with the
whole State. If that is so, it should be
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