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DELEGATE KIEFER: I do not know
that we ever considered that. I do not know
what you mean. I would assume that due
process of law would apply to any kind of
a situation involving a property right. I
am not quite sure that I understand what
you mean.
DELEGATE J. CLARK (presiding) :
Would you rephrase your question?
DELEGATE GRANT: A specific liberty
or property in this situation would be such
things as drivers' licenses issued by the
Department of Motor Vehicles, which are
picked up at a rather capricious rate?
Would this apply to a situation like that?
DELEGATE J. CLARK (presiding) :
Delegate Kiefer.
DELEGATE KIEFER: We did not con-
sider that specific question, no, sir. I would
assume, however, that if there was a ca-
pricious or arbitrary action, a proper solu-
tion to it would be a court action in which
you would challenge the action as being
against due process of law. But when you
ask me what due process of law covers, it
covers all life, liberty, and property, and it
is the subject of a very wide range of cases
by both Maryland courts. It appears in no
less than three different articles in our
present declaration of rights, and, of course,
it is the fundamental concept on which the
Supreme Court has brought into the orbit
of state action these various amendments
like the First, Fourth, Sixth, and Eighth.
So it is hard for me to try to tell you what
"due process" means except it seems to me
to cover nearly everything now.
DELEGATE J. CLARK (presiding) :
Delegate Grant.
DELEGATE GRANT: Specifically, you
did not intend to exclude privileges and
licenses granted by the State on the ground
that they were the property of the State
rather than the property of the individual?
DELEGATE J. CLARK (presiding) :
Delegate Kiefer.
DELEGATE KIEFER: No, we are only
stating the very basic concept that an in-
dividual's rights cannot be taken away and
his property cannot be taken away without
due process. If it is a property right and
is being taken without due process, then
he is entitled to relief, because one of the
basic concepts of this Declaration of
Rights, as we have set them forth, is that
they are justiciable, that is, they can be
tested and tried in courts of law.
I hope that answers your question, be-
cause it is intended to be a very broad con-
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cept to protect individual rights, and this
may very well be one of them.
DELEGATE J. CLARK (presiding) :
Delegate Grant.
DELEGATE GRANT: I wanted to as-
certain if you expect the very most liberal
interpretation of this provision.
DELEGATE KIEFER (presiding) : Yes,
sir.
DELEGATE J. CLARK (presiding) :
Are there any further questions on section
5? Delegate Willoner.
DELEGATE WILLONER: Mr. Chair-
man, is it not true that in discussing the
question of jury trials for minor offenses
it was the intent of the Committee that
they should continue because this was a
very important right, even though the of-
fense is a minor offense?
DELEGATE J. CLARK (presiding) :
Delegate Kiefer.
DELEGATE KIEFER: That is correct.
DELEGATE J. CLARK (presiding) :
The Chair recognizes Delegate Lloyd
Taylor.
DELEGATE L. TAYLOR: The Commit-
tee voted to remain silent on the question
of capital punishment. In section 5, part B,
we have a statement pertaining to death,
or life imprisonment. Is this going against
the Committee's decision to remain silent
on the question of capital punishment?
DELEGATE J. CLARK (presiding) :
Delegate Kiefer.
DELEGATE KIEFER: No, we still have
capital punishment, and we still have life
imprisonment. All this does is state that
in certain cases other than capital punish-
ment or life imprisonment cases, certain
actions can or should be taken. It has
nothing to do with abolishing capital
punishment.
DELEGATE J. CLARK (presiding):
Delegate Taylor.
DELEGATE L. TAYLOR: Was the Com-
mittee unanimous on this particular section?
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: If you will wait
just a moment, I will tell you what the
vote was. I think I can tell you what it was.
We have it on most of them, but a few we
have not been able to find.
The score on 5 (B) was 7 in favor, 5
against, and 3 abstentions.
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