|
THE CHAIRMAN: Delegate Gallagher,
do you yield to a question?
DELEGATE GALLAGHER: I do.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: Delegate Gallagher,
does the word "person," in line 8, also in-
clude "corporations"?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Well, to
the extent that a corporation is subpoenaed,
I would say that the person who represents
it is entitled to this treatment. I think un-
der the interpretation of the law that a
corporation is generally considered to be a
person in any event.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: Does the word "leg-
islative" in line 9 include investigations
made by legislative agencies, like the State
Insurance Department or the Public Service
Commission?
THE CHAIRMAN: Delegate Case, the
Chair is puzzled. You regard the State In-
surance Department as a legislative agency
rather than a department of the executive
branch ?
Delegate Case.
DELEGATE CASE: The Circuit Court
of Baltimore has so held.
THE CHAIRMAN: Very well.
DELEGATE CASE: Of course, the Pub-
lic Service Commission, acting in its in-
vestigatory powers, is exercising legislative
power.
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: To the ex-
tent that any of these agencies would be
found to be legislative agencies, I would
certainly agree.
THE CHAIRMAN : Delegate Kiefer.
DELEGATE KIEFER: Mr. Chairman,
first let me be sure that everyone under-
stands that none of the recommendations
contained in Personal Rights Recommenda-
tion 2 are to be considered part of section
1, which is the Bill of Rights as such. They
are part of general provisions, or wherever
else they might properly fit.
I have no personal objection to this. I
frankly do not know what "fair and just
treatment" means. I would be shocked to
believe that the policy of this State or any
of its legislative or executive investigative
|
bodies would be other than fair and just,
but if, as Delegate Gallagher says, this was
language that was in the draft, it is per-
fectly all right.
I do not want to be unhelpful. I am per-
fectly willing to be helpful, and if this is
desirable, I have no objection as such. It
seems a little silly to me, though.
THE CHAIRMAN: Is there any further
discussion?
Delegate Boileau.
DELEGATE BOILEAU: Mr. Chairman,
may I direct a question to Delegate
Gallagher?
THE CHAIRMAN: Delegate Gallagher,
will you yield to a question?
DELEGATE GALLAGHER: In my pres-
ent obliterated state I yield to a question,
yes.
THE CHAIRMAN: Delegate Boileau.
DELEGATE BOILEAU: Do the words
"legislative or executive" also refer to local
government units?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: They could
be so interpreted, but it is my intention,
and I believe it was the intention of the
Commission, to have them refer to the state
legislative body and its committees, that is
to say, the General Assembly, and the com-
mittees created pursuant thereto. Executive
means the State executive.
THE CHAIRMAN: Delegate Boileau,
any further questions?
DELEGATE BOILEAU: I just have one
question, because it seems to be all-encom-
passing as it is written now, and I would
suggest if that is the import or desire of
the maker of this motion, that it be changed
so that the word "State" could somehow be
interjected.
THE CHAIRMAN: May I make an
observation?
DELEGATE GALLAGHER: Yes.
THE CHAIRMAN: I do not believe that
the Commission was intending to limit it to
state agencies, but rather intending to em-
brace all governmental agencies within the
term "legislative or executive," if that has
any bearing on the matter.
DELEGATE GALLAGHER: That being
the case, sir, I will say this :
The language is subject to the interpre-
tation that it does not apply exclusively to
the state agencies. Since I am adopting the
|
