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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1848   View pdf image (33K)
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1848 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 6]

DELEGATE J. CLARK (presiding):
Delegate Sherbow.

DELEGATE SHERBOW: You put too
many things together that do not jell.

1 say they are coordinate branches of the
government. They are not co-equal in every
respect. In many fields they are far superior
to the governor who does not have any
power in their field. In other fields, the
governor is superior to them because he
cannot act in their field.

I say to you on the basis of what has
been distilled into Maryland's laws, philos-
ophy, constitution, and all of its fiscal ac-
tions, we have evolved something that has
worked out very well for the State. We
think that the legislature should have the
right, if it chooses, to enact a program.
Nothing stops that. But when they enact
it, the legislature has the corollary that
goes with it, the responsibility to determine
the basis for financing that particular pro-
gram in the next fiscal year.

DELEGATE J. CLARK (presiding):
Are there any further questions ?

If not, the section is now open to amend-
ments, section by section.

Are there any amendments to section
6.03 ?

(There was no response.)

The Chair hearing none, we will go to
section 6.04.

Are there any amendments to section
6.04?

(There was no response.)

Are there any amendments to section
6.05?

Judge Sherbow, the question that you had
about changing Superior Court to chief of
the Court of Appeals, is there an amend-
ment, or do you want to ask unanimous
consent to change this ?

DELEGATE SHERBOW: Will Delegate
Mudd yield for a question ?

DELEGATE MUDD: Yes.

DELEGATE SHERBOW: How do you
want to handle it?

DELEGATE MUDD: I just was handed
two proposed amendments which we hope
would correct our problem. If you will bear
with me a few moments, I think we can
get it in the proper shape.

DELEGATE J. CLARK (presiding):
I think the Chair will recognize Delegate

Powers, and we will continue with this
after the lunch period.

Delegate Powers.

DELEGATE POWERS: Mr. Chairman, I
move the Committee of the Whole rise and
report that it has not yet concluded its con-
sideration of Committee Recommendation
SF-5.

DELEGATE J. CLARK (presiding):
All in favor of the motion for the Com-
mittee to rise, say Aye; opposed, No.

The Ayes have it. The motion is carried.

(Wherenpo)!, at 1:00 P.M., the Committee
of the Whole rose, and the Convention
reconvened.)

(The mace was replaced by the Sergeant-
at-Arms.)

PLENARY SESSION
DECEMBER 6, 1967—1:00 P.M.
PRESIDENT H. VERNON ENEY,

PRESIDING

DELEGATE J. CLARK (presiding):
A quorum being present, the Convention
is now in session.

Anyone wishing to indicate their presence
that was not here this morning please do
so. The Clerk will take the roll.

The Chairman of the Committee of the
Whole reports that the Committee has not
completed its work on SF-5, and indicates
the need to sit again.

The Chair recognizes Delegate Powers.

DELEGATE POWERS: Mr. President,
before moving that we recess in order to
dispel any doubt T would like to announce
that we are planning a night meeting. There
will be no further night meetings for the
remainder of the week.

I move we recess until 2:30.

DELEGATE J. CLARK (presiding):
The Chair recognizes Delegate Morgan.

DELEGATE MORGAN: Mr. President, I
want to make an announcement that the
Executive Branch Committee is going to
meet tomorrow immediately following the
recess of the morning; session.

DELEGATE J. CLARK (presiding):
Delegate Mudd.

DELEGATE MUDD: Mr. President, may
I announce that the Judicial Branch Com-



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1848   View pdf image (33K)
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