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convention and cry and wail and com-
plain and shout and scream, but I hope I
will never stand up and advise this Con-
vention that I do not think it understood
the issue; that I do not think it under-
stood what we were talking about; and
that I think that I understand it and no-
body else understands it.
That is what you are being asked now.
You are being asked to reconsider because
you did not really know what you were
doing yesterday when you voted. You did
not know what damages were. You did not
understand that when people get hurt,
they ought to be paid for it.
As you ride out Indian Head Highway in
Prince George's County, there is a house
on the right-hand side of the road. It must
have cost about $50,000. You see a road
that runs right up to his front door. He
used to have a front yard running right up
to his door, but now has a clay cliff run-
ning up to his door.
I do not know who he is, but he has
been damaged. If the State of Maryland
runs around like a mad dog in a meat
house on this proposition that is one thing,
but if they are careful of what they do,
maybe they will not have to pay people so
much money.
There is a good deal of case law about
damages. You have to prove damages.
Juries do not just hand money out and
legislatures do not just hand money out.
You have to prove damages.
If you have been hurt, you ought to be
paid for it, and if you have not been hurt
or damaged juries will not give it to you
and the Maryland Court of Appeals will
not give it to you. I do not think we will
bankrupt this State any more than the
other twenty-three states who have this
have been bankrupt.
THE CHAIRMAN: Does any other dele-
gate want to speak in favor?
Delegate Adkins, will you take the floor
to respond to a question?
DELEGATE ADKINS: Yes, sir.
DELEGATE E. C. MURRAY: Perhaps
I should apologize to Delegate Adkins, be-
cause I was really using him as a vehicle.
I want to address a question. Perhaps I
should have addressed it to the delegates
as a whole.
I want to ask how long the General As-
sembly has had an opportunity to correct
this situation and has failed to do so?
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THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: I assume under
its plenary powers it has specified the
amount that it is willing to have its treas-
ury award the property owners for takings
of the State since its inception.
In the last four or five years it has
substantially ameliorated the problem by
statute. The legislature still has under in-
tensive study this whole problem. I do not
think it is a matter that should be dealt
with in the constitution unless we con-
sider ourselves a legislative body for en-
actment of legislation to cure all the ills
of the State.
I do not consider that is the purpose for
which we are assembled.
THE CHAIRMAN: Delegate Murray.
DELEGATE E. C. MURRAY: Possibly
that was not a fair question, but in any
event I lack the advantage that you gentle-
men have of legal training, but I agree
with Delegate Dukes, that it is very easy
to see the injustice and the harm that is
being put upon individuals and that now
we suggest backing off from as a State.
How long do I have, sir?
THE CHAIRMAN: You have a little
over a minute.
DELEGATE E. C. MURRAY: I share
the apprehension of you gentlemen who
think that this will be extremely difficult
to determine, but I think that with the
training that you have, with the talent
that is collected here today if anyone in
Maryland can determine this, can lay down
guidelines, you can.
In any event, I do not think that a
retreat from our obligation is the right
answer.
THE CHAIRMAN: Does any other dele-
gate desire to speak?
Delegate Rybczynski?
DELEGATE RYBCZYNSKI: Mr. Chair-
man, I should like to speak against the
motion to reconsider for the reason that
I listened very carefully to the arguments
last night and yesterday afternoon and I
have heard absolutely nothing new today
which should convince anyone to change
his vote.
All of the arguments which were pre-
sented on both sides today were presented
yesterday and very forcibly. There is no
reason for anyone to change his vote today.
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