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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2567   View pdf image (33K)
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[Dec. 19] DEBATES 2567

property is held in the name of local boards,
their budgets go through the county budg-
ets; they are not state institutions in the
sense of the university or state colleges.

THE CHAIRMAN: Delegate Wheatley.

DELEGATE WHEATLEY: I am very
glad you raised that question because I
think it should be clearly stated. The ref-
erence "and all other state institutions of
higher education" allows the expansive
quality that would be required for a consti-
tution in case there would be others. We do
not want to state that the three we are
enumerating are exclusive and then the
next clause "community college" in no way
attempts to alter the structure of com-
munity colleges. They are institutions of
local boards rather than a state institution
of higher learning.

However, since the State of Maryland has
recognized them for many purposes as a
state institution of higher learning and
since the State contributes at the present
time between fifty and seventy-five per cent
of their construction costs in various forms
and also contributes indirectly to aid in
their current expense programs, we thought
we should be accorded the recognition of
state institutions of higher learning. They
would be institutions of the State engaged
in higher learning. It is not a capital "s".

THE CHAIRMAN: Delegate Maurer.

DELEGATE MAURER: Would the word
"State" be similar to public institution so
we would not be confronted with an inter-
pretation that community colleges are pro-
hibited from the benefits of this section be-
cause they are deemed to be local rather
than State? Would it be fair to read that
as public institutions of higher education?

THE CHAIRMAN: Delegate Wheatley.

DELEGATE WHEATLEY: I think that
is one way of reading it. We certainly could
not be doing anything at this point with
private schools and I think that in the defi-
nition of State that the Committee has
adopted, and this was done many, many
weeks ago, "state" would be a broad term
embracing all institutions of higher learn-
ing over which the State had control, not
meaning that they would be state institu-
tions with a capital "S".

THE CHAIRMAN: Delegate Case.

DELEGATE CASE: Mr. Chairman, since
the language that we have before us seems
to be that of the minority and with the
greatest of deference and respect to the

Chairman of the Committee, I am wonder-
ing if the spokesman of the minority would
take the floor and yield to a question.

THE CHAIRMAN: Delegate Lord, would
you take the floor and yield to a question?

DELEGATE LORD: Certainly.
THE CHAIRMAN: Delegate Case.

DELEGATE CASE: Delegate Lord, I
notice in line 15 the words "in all academic
matters", and I am wondering whether or
not you could give us a broad brush defi-
nition of what your group had in mind with
the words "in all academic matters".

THE CHAIRMAN: Delegate Lord.

DELEGATE LORD: I will try to, Dele-
gate Case. It will not be a precise definition,
but perhaps I could give you some examples
that the minority had in mind, at least.

This would certainly cover the courses to
be offered at these institutions or the
courses not to be offered.

It would control who taught those courses
whether these professors were controversial
or not, and would also apply to who would
be invited to speak at the institutions.

THE CHAIRMAN: Delegate Case.

DELEGATE 'CASE: Leaving out the fi-
nances of the program, would it cover the
right of the University of Maryland, for
example, to install a new program such
as the recently initiated College of Archi-
tecture ?

THE CHAIRMAN: Delegate Lord.

DELEGATE LORD: Leaving aside, as
you say, the budgetary aspects of it, yes,
it would.

THE CHAIRMAN: Delegate Case.

DELEGATE CASE: Would it also in-
volve the right of an institution to abandon
a course of study if it felt that was in the
best interest of the people?

THE CHAIRMAN: Delgeate Lord.
DELEGATE LORD: The answer is yes.
THE CHAIRMAN: Very well.

Delegate Frank Robey.

DELEGATE ROBEY: Mr. Chairman, I
would like to direct my question to Dele-
gate Wheatley.

THE CHAIRMAN: Delegate Wheatley,
would you take the floor to yield to a
question?



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2567   View pdf image (33K)
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