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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2575   View pdf image (33K)
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[Dec. 19] DEBATES 2575

to the Committee of the Whole and symbolic
to the entire General Provisions Committee,
we thought it would be appropriate at this
time to make a small award. I would like
to call upon Delegate Bard at this time to
make a presentation to the recipient of the
award as symbolic of the adroit manner in
which we have worked this out.

THE CHAIRMAN: Delegate Bard.

DELEGATE BARD: Mr. Chairman,
yesterday when some of us discussed this
matter, we thought that it might be in
order to award an honorary doctorate to
Mr. Wheatley.

Mr. Lord suggested that I might use my
cap and gown, for a number of reasons.
First, because it represents the fact that
it was used as a graduate of a state col-
lege, as I am a graduate of Towson State
College. The hood represents a profit col-
lege of which I am a graduate, Morgan
State.

The cap represents the University of
Maryland for which I have the very highest
respect. I did receive my doctorate at the
University of Maryland and everything
that Mr. Case said about it, just as every-
thing Mr. Hopkins said about the state
colleges, certainly holds true.

In unison, it represents the triad which
I think has been brought together to us in
Maryland through the efforts of people like
Tom Pullen, who long ago brought the
wonderful Pullen Report, and Mr. Mar-
bury, and I would like to add very mod-
estly that the community colleges are very
proud as the youngest member of this
group to be a part.

I have asked Delegate Lord if he would
not help me to vest Delegate Wheatley with
this honorary degree.

(Applause.)
THE CHAIRMAN: Delegate Wheatley.

DELEGATE WHEATLEY: I do not
know whether to thank Delegate Boyer for
the modified plan or say it certainly makes
a difference when the Lord is on your side.

(Applause.)

THE CHAIRMAN: To go to more seri-
ous business, the next item on the debate
schedule is consideration of Committee Rec-
ommendation GP-5.

The Chair recognizes Delegate Boyer,
Chairman of the Committee.

DELEGATE BOYER: Mr. Chairman,
ladies and gentlemen of the Committee of

the Whole, now to go to some less contro-
versial items, I think we have before us
now the remaining package of General Pro-
vision recommendations and, taking them in
order, we would start with GP-5, the rec-
ommendation of the General Provisions
Committee concerning federal enclaves.

I think that perhaps I have learned very
much from this Convention. For instance,
in this field of general enclaves, when I
came down here I had no idea of the depth
or the material matter involved. I think
perhaps it would be safe to say we have
perhaps all to some degree been educated
in many ways on many things at this
Convention.

The matter of GP-5 was brought before
us as a proposal introduced by Delegate
Storm, who seems to have been the father
of this particular approach. GP-5 will in
effect constitutionalize a matter which is
now in statutory code as Article 96, section
47. This was introduced and passed by the
General Assembly in 1943.

Prior to that time, the General Assembly
had approached the matter of federal en-
claves in sort of a piecemeal fashion.

I will make this presentation brief, be-
cause I cannot conceive where there could
be too much controversy over this.

Prior to 1943 in a piecemeal fashion the
General Assembly turned over land to the
federal government which, of course, by
the fact of the supremacy of the federal
government would have the right to acquire
it either by condemnation or otherwise, and
they approached it one time giving light-
house land to the federal government, an-
other time navigational aid land, the high-
way from Washington to Gettysburg, lots
in Prince George's County, some in Cum-
berland, a cemetery in St. Mary's County,
the Custom Houses, and this was just sort
of approached in a general haphazard
method.

In 1943, the General Assembly passed
section 47 of Article 96, and gave to the
federal government certain rights but did
not turn over to the federal government
exclusive jurisdiction. There was retention
to the state government on these matters.

This will in effect, for the State of Mary-
land, retain for future purposes in the con-
stitution all the rights and privileges of the
State of Maryland that it has over any
other land except those specifically desig-
nated as being within the federal govern-
ment jurisdiction, and this would be your
Recommendation GP-5 which is designed to



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2575   View pdf image (33K)
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