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York being a conspicuous example, Condon-
Wadlin Act, or Rockefeller v. Travia, the
law puts certain restrictions on the part of
the public employees to strike. Nevertheless,
in New York, the public employees as well
as private employees have the right to or-
ganize and bargain collectively. As I under-
stand it, Amendment No. 21 does not in
any way affect the power the General As-
sembly to restrict or regulate the right to
strike, certainly, on the part of public em-
ployees, and I suppose even on the part of
employees in industry affected with the pub-
lic interest. A recent example on the Con-
gressional level was the Compulsory Arbi-
tration Act passed by the Congress by
which the railroad employees were required
to arbitrate with the railroads. No union
has enjoyed for a longer time greater rights
at collective bargaining than the railroad
employees. Nevertheless, the congressional
power to regulate their right to strike under
certain conditions is perfectly clear and well
established. Similarly, the General Assembly
of Maryland, which need not proceed under
the Interstate Commerce Clause, has ple-
nary power, as the legislature may regulate
the right to strike in connection certainly
with their own employees, employees of the
State, and in industry affected with the
public interest. I see nothing in Amendment
No. 21 that restricts that right. Therefore,
I regard Amendment No. 25 as unnecessary,
and perhaps as going too far because there
could be examples of where the General
Assembly would want to regulate or restrict
the right to strike on the part of some pub-
lic employees, but not on the part of the
others.
I submit that the General Assembly
should be entitled to retain that flexibility
and I wish this Convention would remember
a cardinal reason that we forget too often,
or have forgotten too often in our delibera-
tions, namely, that the General Assembly of
Maryland has plenary legislative power and
we do not have to write it into the con-
stitution every time we take up a section.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment ?
(There was no response.)
Does any delegate desire to speak in op-
position?
(There was no response.)
The Clerk will ring the quorum bell.
For what purpose does Delegate Hard-
wicke rise?
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DELEGATE HARDWICKE: Mr. Chair-
man, I would like to make one brief point
against this amendment.
THE CHAIRMAN: You may speak.
DELEGATE HARDWICKE: In case this
is adopted, it appears to me as a matter
of legal construction that the fact that we
would negative the right to strike in this
one instance might by implication, and in
my opinion would by implication, suggest
the right to strike in all other instances
not negatived.
THE CHAIRMAN: The question arises
on the adoption of Amendment No. 25 to
Committee Recommendation R&P-1.
A vote Aye is a vote in favor of Amend-
ment No. 25. A vote No is a vote against.
Cast your votes.
Has every delegate voted ? Does any
delegate desire to change his vote ?
(TIi ere was no response.)
The Clerk will record the vote.
There being 32 votes in the affirmative
and 84 votes in the negative, the motion is
lost. The amendment is rejected.
Delegate Johnson, do you still desire to
submit your Amendment AQ ?
DELEGATE JOHNSON: Yes, Mr. Chair-
man.
THE CHAIRMAN: The pages will please
distribute amendment AQ. This will be
Amendment No. 26.
For what purpose does Delegate Ritter
rise?
DELEGATE RITTER: A point of per-
sonal privilege, Mr. Chairman.
THE CHAIRMAN: State the privilege.
DELEGATE RITTER: I would like to
state for the delegates assembled here and
the President, that the views expressed by
Delegate Scanlan were not those views of
railroad labor pertaining to the compulsory
arbitration laws that were just recently
passed in Congress. They were merely the
views of Brother Scanlan and the American
Association of Railroads, not the Brother-
hood of Railroad Trainmen, which I repre-
sent, because our views are very much
different.
THE CHAIRMAN: Amendment No. 26.
T,he Clerk will read the amendment.
READING CLERK: Amendment No. 26
to Committee Recommendation R & P-1 by
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