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THE CHAIRMAN: State the privilege.
DELEGATE WINSLOW: In the balcony
above my head are 40 members of the
Baltimore County Women Educators, to-
gether with their president, Mrs. Gosnell.
I hope the Committee will join me in wel-
coming them for this evenings session.
THE CHAIRMAN: We are delighted to
have them.
(Applause.)
THE CHAIRMAN: Delegate Maurer.
DELEGATE MAURER: Mr. Chairman,
I have a parliamentary inquiry.
THE CHAIRMAN: State the inquiry.
DELEGATE MAURER: Is it possible,
still, to ask the Chairman of the Committee
a question about due process?
THE CHAIRMAN: Yes. But let me find
out first if there are any other amendments
to this section.
Are there any other amendments to sec-
tion 3?
(There was no response.)
The Chair hears none.
For what purpose did Delegate Bard rise?
.DELEGATE BARD: Personal privilege,
Mr. Chairman.
THE CHAIRMAN: State the privilege.
DELEGATE BARD: I would just like to
announce that in the balcony facing you
there are members of the Johns Hopkins
University class on State and Local Govern-
ment in Maryland.
THE CHAIRMAN: We are delighted to
have you.
(Applause.)
Will you yield to a question from Dele-
gate Maurer?
DELEGATE KIEFER: Yes.
DELEGATE MAURER: Did your Com-
mittee consider due process in connection
with administrative procedures, and if so,
would you care to comment for the record
on it?
THE CHAIRMAN: Delegate Kiefer.
DELEGATE KIEFER: Due process, as
we set it forth in this proposal and as it is
set forth in the Fifth Amendment and the
14th Amendment, applies to all actions. It
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says "no person shall be deprived of life,
liberty or property without due process of
law."
This not only applies to a judicial pro-
ceeding, but also to an administrative pro-
ceeding. As you probably know, there is an
administrative statute in Maryland which
provides for procedures of handling certain
matters before certain boards and proce-
dures are established.
Now, if a person is aggrieved by an
action of an administrative body which he
felt denied him due process, there is a
procedure for an appeal to the courts, and
the matter would get to court. But very
definitely due process would apply to all.
This would apply to administrative proce-
dures as well as court procedures.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: In view of the
amendment which we made which added
the word "religion to the section," and in
view of the fact that we turned clown a
further amendment to change that to "free,"
do you interpret the word "revision" to
apply ,to situations like the Schowgurow
case or the Mappe case?
DELEGATE KIEFER: Yes, specifically
in cases like Schowgurow. T.hat was the
case where a person had been indicted by a
grand jury and was a member of, I believe,
the Hindu faith. Because the jury was
sworn with respect to a belief in God, he
felt that he was discriminated against.
I would assume this would cover that
which is already covered in section 2, so I
think the word "religion" in section 3 is
unnecessary and would tend to be confus-
ing. I did not want to waste the time of the
Committee of the Whole in taking it any
further.
DELEGATE GRANT: You intended the
broadest possible interpretation of religion,
and did not mean to limit it to belief in the
supreme deity?
DELEGATE KIEFER: That is correct.
THE CHAIRMAN: Now we come to sec-
tion 4.
DELEGATE BOTHE: Yes.
THE CHAIRMAN: The pages will please
distribute the Bothe amendment.
The Clerk will read the amendment.
READING CLERK: Amendment No. 7 to
Committee Recommendation R&P-1, by
Delegate Bothe:
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