|
quence of this case was simply inconceiv-
able. We have all pitied a man without a
country, but a man without a state is in a
horrible situation. Not only can he not have
those rights mentioned in the majority
opinion, but in the minority opinion they
pointed out that an infant on an enclave
could not have a guardian, no adoption
would be possible for the child or for adop-
tive parents on an enclave, they are not
subject to lunacy proceedings, their wills
may not be probated or letters issued.
Wrongful death acts are not applicable
to them; workmen's compensation is not
applicable. Ownership of their personal
property left at death cannot legally be
transmitted to their legatees or next of kin
or to anyone at all, and so on through the
list of personal privileges, rights and obli-
gations, the remedies for which are pro-
vided for the residents of a state.
All of these things, and such things as,
for example, death and birth certificates
are now supposed to be signed by physi-
cians in order to practice in Maryland.
At the Naval Academy hospital there are
births and deaths at frequent intervals.
The Navy doctors sign these certificates.
Our Health Department has been good
enough to issue Maryland birth and death
certificates for them, but it really is not
in accordance with the law.
On marriage certificates, we have been
sentimental enough to allow midshipmen to
go into the court house in Anne Arundel
County, get a marriage certificate which
can only be used in Anne Arundel County,
then cross the line over into the federal
enclave, because they are sentimental
enough to want to be married in the Naval
Academy chapel.
We have let them do that, and we have
let them bring the marriage certificate back
and record it as a valid Maryland mar-
riage, but some day someone is liable to
question some of these things which we
have been allowing to happen as an accom-
modation and because we are sentimental-
ists and want everyone to have the right
to get married where he wants to if it is
any place close to Maryland.
THE CHAIRMAN: Delegate Storm, the
Chair has just seen a copy of the amend-
ment to which you referred. If it is your
purpose to offer that amendment, I think
it would be worth while to have it dis-
tributed now. It may end some further
questions.
DELEGATE STORM: I would appre-
ciate that, Mr. Chairman.
|
THE CHAIRMAN: Will the pages
please distribute amendment C, "G" for
Charlie?
Delegate Singer.
DELEGATE SINGER: I would like to
ask Delegate Storm a further question
along those lines.
THE CHAIRMAN : Delegate Storm, will
you respond to a question?
DELEGATE STORM: Yes.
DELEGATE SINGER: Was the case
you cited the Supreme Court case Delegate
Boyer referred to?
THE CHAIRMAN: Delegate Storm.
DELEGATE STORM: No, that was a
Maryland Court of Appeals case.
THE CHAIRMAN: Delegate Singer.
DELEGATE SINGER: Are not some of
the rights mentioned in that case presently
given to people who live on federal enclaves?
THE CHAIRMAN: Delegate Storm.
DELEGATE STORM: Yes, by act of
Congress they have re-ceded to the State of
Maryland a number of particular rights.
For example, the Buck Act gave back to
the State of Maryland the right to levy
state and local sales taxes and income taxes
and the tax on motor fuels. The federal
government also ceded back the right for
workmen's compensation benefits to be col-
lected by people injured in work on federal
enclaves. They also ceded back the right for
unemployment compensation which pre-
viously, without that ceding back, would
have been denied.
They have also adopted what they call
an assimilated crimes act which adopts
Maryland criminal law as federal criminal
law, as I understand it, in these federal
enclaves.
To show you some of the complications
that we will be guarding against in the
future, there was a time when if a man
murdered someone on a federal enclave, he
went scott free, because the local state's
attorney could not prosecute, since it hap-
pened on federal territory, and the federal
attorneys could not prosecute because there
were no federal laws against murder.
The Congress used to adopt at regular
intervals an act or series of acts adopting
local state criminal law, but it had been
held and it was thought to be the law, that
when the Congress adopted the local law,
|
