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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1876   View pdf image (33K)
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1876 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 6]

Article III, section 35, reading "nor shall
the salary or compensation of any public-
officer be increased or diminished during his
term of office" was so all-pervasive and ap-
plicable that the specific provision in the
Baltimore City Charter which authorized
an increase once during the term of office
was found to be unconstitutional.

Now, I do not know whether or not the
adoption of the local government article
would mean that this kind of language in
a constitution no longer applied —

THE CHAIRMAN: Delegate Gallagher,
if the Chair may interrupt you, I take it
that it is clear from the discussion that the
intention of the Committee of the Whole
and the Committee on State Finance is
clear, that this sentence is intended to pro-
vide only for public officers at the state
level.

The question that is uncertain is whether
it is intended to apply to only such of
those officers whose compensation is fixed
by law or also to those state officers whose
compensation is provided for by the budget.

I would think, and I would ask Delegate
Penniman's secretary to note, that the last
sentence of section 6.07 is intended to apply
only to public officers whose compensation
is normally included in the state budget. It
is not intended to apply to local officers.

Is that quite correct, Delegate Sherbow?
DELEGATE SHERBOW: Yes, sir, it is.
THE CHAIRMAN: Delegate Bamberger.

DELEGATE BAMBERGER: I think it
is too important to leave to the Committee
on Style. I was withdrawing the amend-
ment with the understanding that the staff
and the Committee on State Finance and
Taxation would either on second reading or
in an additional committee report state
more precise language as a substitute for
the last sentence.

THE CHAIRMAN: The Chair under-
stands, and I think both courses could be
followed. I merely wanted to reassure Dele-
gate Gallagher as to his concern.

Amendment No. 3 is withdrawn.

The question now arises upon the ap-
proval of Committee Recommendation SF-5
as amended.

The Clerk will ring the quorum bell.

The question arises upon the approval
of Committee Recommendation SF-5 as
amended. A vote Aye is a vote in favor of

the committee recommendation as amended.
A vote No is a vote against.

Cast your votes.

Has every delegate voted? Does any dele-
gate desire to change his vote?

The Clerk will record the vote.
(Laughter.)
(Applause.)

THE CHAIRMAN: There being 119
votes in the affirmative and none in the
negative, the motion is carried and Com-
mittee Recommendation SF-5 is approved
as amended.

On behalf of the entire Committee of the
Whole, the Chair desires to express the
sincere appreciation of all of us to the
Committee Chairman and Vice-Chairman
and staff for a very able, even though tire-
some, presentation of a very difficult
subject.

Thank you very much.
(Applause.)

DELEGATE SHERBOW: Mr. Chair-
man, I have a point of personal privilege.

THE CHAIRMAN: State the privilege.

DELEGATE SHERBOW: I rise in order
to express on behalf of our Committee and
myself as Chairman the really warm and
terrific feeling of indebtedness and appre-
ciation to our — I do not know what is the
right title — general factotum, because it
is far beyond chief assistant, our entire
aide, H. H. Walker Lewis.

We are truly grateful to him for the
hours beyond the ordinary call of duty, for
the research and results and all the blood,
sweat, and tears he put into this along
with us.

(Applause.)
THE CHAIRMAN: Delegate Sherbow.

DELEGATE SHERBOW: At the risk
of overstaying my time, may I correct a
record of this Convention in the light of
the fact that the Court of Appeals handed
down a decision? What appeared to be con-
fusing the other night has been correctly
stated by the Chairman of the Committee.

THE CHAIRMAN: You certainly may.

DELEGATE SHERBOW: Ladies and
gentlemen, I am not asking for any recon-
sideration of anything. What is done is
done. But the other night when we were



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1876   View pdf image (33K)
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