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THE CHAIRMAN: Very well.
Does any delegate desire to speak in
opposition to the amendment as modified ?
Delegate Case.
DELEGATE CASE: Mr. Chairman, la-
dies and gentlemen of the Committee: The
issue here is clear. Are we to preserve the
executive budget that has served us so well
in Maryland, or are we to go to something
new, something different, something
strange?
I submit to you that this question has
been before a number of people where it
has been decided without the heat and pas-
sion of advocacy which may or may not
have been displayed in this hall this after-
noon. I should like to reason with you, if I
may, in the time that is left to me, with
respect to the results which these investi-
gators have found.
First, let me suggest to you the Sobeloff
Commission to which Judge Sherbow re-
ferred, the Commission chaired by the
Chief Judge of the fourth circuit Court of
Appeals, our highest federal judge, Dean
of the University of Maryland Law School,
president of the largest savings and loan
association in this State, a current federal
district court judge, and two judges of the
Court of Appeals of Maryland, all on one
commission. These gentlemen have no axe
to grind. They did not care how this was
decided. This issue was put to them. This
is what they said in rejecting it. Please let
me read this to you:
"The legislature on the one hand is
obligated to study the budget requests
submitted by the governor to decide
whether or not it is in accord with the
policies there reflected and to vote such
of the appropriations and revenues re-
quested as seem to it to reflect sound
public policy."
They are explaining what the current
situation is. To continue: "Whatever its
political relationship to the governor, it
does not operate at his command." "It",
means the legislature.
"In a legal sense he is or should be
able to command administration, but he
is not able to command legislation. The
legislature is obligated to use its own
discretion in voting the requested ap-
propriations. It can withhold appropria-
tions. It can increase appropriations if it
provides the necessary funds. It can en-
act substantial legislation calling for ad-
ditional funds which can give rise to
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legislative uses of the supplemental
budget"
Bear this in mind, ladies and gentlemen :
"The legislature, in short," the Commission
says, "is responsible for state policy and
has enough power over the budget to
permit it to control that policy. The gov-
ernor in turn through the agencies sub-
servient to him must carry out the legis-
lative will."
This was the commission that said the
continuation of the executive budget should
be maintained. They found, ladies and gen-
tlemen, that the legislature had ample
power under the present situation —
THE CHAIRMAN: You have one-half
minute, Delegate Case.
DELEGATE CASE: — to control the
fiscal destinies of this State.
Now, let me quote to you another study,
again not made in the passion of debate,
again made in the calm deliberation which
should control these very intricate prob-
lems. This is the commission which Dele-
gate Gallagher has depended on so greatly
in his presentations before this Committee.
This is the Eagleton Report on the
strengthening of the Maryland legislature.
Let me read to you what they said about
the problem we are facing.
"As a matter of fact, the budgetary
system allows the General Assembly,"
meaning our General Assembly "consid-
erable discretion. Therefore, we feel that
constitutional limitations now in the law
should be continued. Nearly every legis-
lator whom we questioned agreed the
system works well now, they said, and
another who was asked the same question
answered 'Thank God for it/ We are
convinced that the system does work and
little would be gained by constitutional
revision."
I submit to you, ladies and gentlemen,
these are not Dick Case's thoughts. These
are not the thoughts of the delegate who
seeks to make a change here, for what
reason I know not. These are the thoughts
of people who have given this matter —
THE CHAIRMAN: Your time has ex-
pired. Please bring it to a close.
DELEGATE CASE: Thank you, sir.
These are the thoughts of the commis-
sions and people who have given this mat-
ter study, who have no axe to grind, and
who recommend a continuation of the ex-
isting system.
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