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him by a cowardly and timorous legisla-
ture; and I do not think there is any fear
that the legislature of this State will ever
come to such a task that they would sur-
render the legislative authority to the gov-
ernor. And indeed, if they should do such
an unthinkable thing, other provisions of
the constitution would prohibit that from
being done. The courts would strike it down.
Again we have a section that once per-
haps had historical justification, but it is
not needed; and again, I urge you, let us
keep out something that is unnecessary and
get this constitution to a manageable size.
THE CHAIRMAN: Delegate Kiefer.
DELEGATE KIEFER: Mr. Chairman,
ladies and gentlemen of the Convention:
No comment.
THE CHAIRMAN: Is there any further
discussion?
(There was no response.)
Are you ready for the question?
(Call for the question.)
The Clerk will ring the quorum bell.
The question arises on the adoption of
Amendment No. 4 to Committee Recommen-
dation R&P-2.
A vote Aye is a vote in favor of Amend-
ment No. 4. A vote No is a vote against.
Cast your votes.
Has every delegate voted ? Does any dele-
gate desire to change his vote ?
(There was no response.)
The Clerk will record the vote.
There being 97 votes in the affirmative
and 18 in the negative, the motion carries.
The amendment is adopted.
The Chair has no further amendments to
section 4. Are there any?
Delegate Scanlan.
DELEGATE SCANLAN: Mr. Chairman,
may I take my winnings and go home for
a while?
THE CHAIRMAN: You may take your
winnings, but you may not go home.
Are there any further amendments to
section 4?
Section 5.
Delegate Weidemeyer, do you desire to
offer your Amendment K?
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DELEGATE WEIDEMEYER: I do, Mr.
President.
THE CHAIRMAN: The pages will dis-
tribute Amendment K.
This will be Amendment No. 5. The Clerk
will read the amendment.
READING CLERK: Amendment No. 5
to Committee Recommendation R&P-2, by
Delegate Weidemeyer:
On page 2, section 5, Limitation of Hold-
ing Office, strike out all of lines 24 and 25
and insert in lieu thereof the following:
"positions of notary public and delegate to
a constitutional convention shall not be
considered offices of profit within the".
THE CHAIRMAN: Is the amendment sec-
onded ?
DELEGATE BENNETT: Second.
THE CHAIRMAN: Delegate Bennett sec-
onded the amendment.
The Chair recognizes Delegate Weide-
meyer to speak to it.
DELEGATE WEIDEMEYER: Mr.
President, Members of the Convention, sec-
tion 4 in R&P-2 is the same as recom-
mended by the Committee, is the same as
is now in the Constitution of Maryland. It
is provided fully that no person shall hold
at the same time more than one office of
profit created by the constitutional laws of
this State.
A few years back there was a question
of whether the position of notary public
was an office of profit, and many persons
who held other offices at that time were
also notaries public.
The legislature then passed, or issued
out requests for constitutional amendment.
It went before the public, and they put in
the second sentence of that, that the posi-
tion of notary public shall not be considered
an office of profit within the meaning of
this section.
Mr. President, you and many of us are
well aware that under our present Con-
stitution we had a case in the Court of
Appeals.
I happened to be on the other side at
that time. A lot of time was spent in de-
termining whether members of the House
of Delegates, or members of the State
Senate could be members of the Constitu-
tional Convention. The Court of Appeals
held under our present Constitution that
members of the legislature were not vio-
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