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(Applause.)
THE CHAIRMAN: Delegate Schneider.
DELEGATE SCHNEIDER: I rise also
on a point of personal privilege.
I would like the Convention to welcome
in the rear balcony the Chairman of the
Republican State Central Committee for
Prince George's County, Mrs. Myrt Wilson;
the Chairman of the Board of Election
Supervisors of Prince George's County,
Robert Woodside; and Martin Anderson,
also a good Republican of Prince George's
County.
(Applause.)
THE CHAIRMAN: Delegate Dukes.
DELEGATE DUKES: Mr. Chairman, I
just want to ask Mr. Schneider if Baby
Jane Sawyer is also in the gallery.
THE CHAIRMAN: Delegate Clagett.
DELEGATE CLAGETT: Mr. Chairman,
I rise to a point of personal privilege. I
regret I did not rise sooner. But I would
like to record among the records of our
deliberation that present in the gallery
for approximately three hours this morn-
ing and a portion of this afternoon was one
of the first ladies of the Eastern Shore.
She is likewise the sister of one of its
ablest judges, Judge De Weese Carter. The
lady was his sister, as I said, Mrs. Ella
Carter.
I wish we would recognize her, even
though now in absentia.
(Applause.)
THE CHAIRMAN: Amendment No. 3
is submitted by Delegate Bamberger. Is
there a second?
(Whereupon, the amendment was duly
seconded.)
THE CHAIRMAN: Delegate Byrnes
seconds.
The Chair recognizes Delegate Bam-
berger to speak to the amendment.
DELEGATE BAMBERGER: The pur-
pose of the amendment is to carry out
what I understand from the debate of the
Committee Chairman this morning was the
intention of the Committee. The language
in section 6.07, lines 18 to 20 which pro-
hibit a decrease in the compensation of a
public officer during his term of office are,
according to the Committee Memorandum
SF-5, intended to replace comparable lan-
guage in section 35 of Article III of the
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Constitution. But that language in the
present Constitution applied not just to
officers of the State, or not only to officers
whose compensation was provided in the
state budget, but applied to state's attor-
neys, county commissioners, to the mayor,
to the comptroller, and to the president of
the city council of the City of Baltimore.
The Court of Appeals construed that
language in a case decided in 1956, Press-
man v. D'Alesandro, to say it was appli-
cable not only to offices which were created
by the constitution, but also to offices
created by the legislature.
I understand from the statements of the
Chairman of the Committee and the Vice-
Chairman of the Committee this morning
that the intention was to make this lan-
guage only applicable to the compensation
of officers where that compensation is pro-
vided in the state budget.
The purpose of the amendment is solely
to make that clear and to make it certain
that we do not intend that this language
would have as broad a sweep as it has in
the present Constitution.
THE CHAIRMAN: Are there any ques-
tions of the sponsor of the amendment
for clarification?
Delegate Sherbow.
DELEGATE SHERBOW: Really, it is
a matter which might end the debate, if I
and permitted to make a few brief state-
ments.
THE CHAIRMAN: Let us see if there
are questions first.
Are there any questions of the sponsors?
Delegate Bamberger, the Chair has a
question. I was not present during the
discussion this morning, but I am puzzled
as to the intent of this. The sentence as
amended would read, "Compensation of a
public officer provided for in the state bud-
get may not be decreased during his term
of office."
Does this mean that, for instance, in
the case of a public officer whose compen-
sation by law is stated to be such amount
as is provided in the budget, that once it
is provided in a budget this has the effect
of fixing his compensation by law, and it
could never thereafter be decreased? Is
that the meaning of the phrase, or do you
mean it is limited to the particular budget
under consideration?
DELEGATE BAMBERGER: I would
intend that it would be limited only to the
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