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Under the amendment and under the
original, this would be possible, so I be-
lieve that the amendment is maybe a little
more readable, and it accomplishes putting
these people in a situation where they will
have a state government, and yet give the
federal government whatever jurisdiction
they need.
This will be, I think, a very forward step,
and one which Maryland, because of its
tradition, should take.
THE CHAIRMAN: Are there any ques-
tions of the sponsor of the amendment?
Delegate Scanlan?
DELEGATE SCANLAN: Delegate
Storm, I take it that in the letter from the
unnamed attorney from the Department of
Justice and in your conversations with him,
he did not state or suggest that this ac-
commodating language that he has ap-
proved and amended could not be contained
as well in the statute as in the constitution?
THE CHAIRMAN: Delegate Storm.
DELEGATE STORM: He did not sug-
gest this, but please, Delegate Scanlan,
do not "Scanlanize" this because, for ex-
ample, there was an attempt made by the
legislature a few years ago to provide for
rights by an act of the legislature.
The attorney general ruled, and I think
he was right, that this was unconstitu-
tional; it was impossible for the legislature
to pass a law which they wanted to pass
giving people the right to vote.
There had been other decisions of the
Court of Appeals which make it clear that
the only way we can accomplish this is by
the constitution. A statute will not do it.
If there is any doubt about this, please
let me know, because this should be unani-
mous, and if I am not explaining it right
I want to have a chance to explain it right.
THE CHAIRMAN: Delegate Sherbow,
would you wait a moment? I think maybe
the Committee of the Whole lost the flavor
of the new addition to the English lan-
guage coined by Delegate Storm because of
his poor voice today. He urged that he not
be "Scanlanized".
Delegate Scanlan.
DELEGATE SCANLAN: Or be taken
by Storm.
THE CHAIRMAN: Delegate Sherbow.
DELEGATE SHERBOW: Delegate
Storm, I am tempted to ask you who is on
third?
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You suggest, and normally I would be
very happy to say let us pass it unani-
mously, but I do have a very, very serious
doubt in my mind created by the discus-
sions, and I will lead up to a question.
We have had in this Convention paper
after paper accompanying various propo-
sals and accompanying recommendations.
They are legal dissertations in some in-
stances giving us the law and the back-
ground and they become a part of the rec-
ord of this Convention.
Is not this a matter of such importance
that there should be research by the
staff director of this Committee and such a
research paper attached to this memoran-
dum, and then after it has been distrib-
uted to the Convention it be made a special
order of business, so that having examined
the legal authorities we can join you in
perhaps either correcting it or voting
unanimously for it.
THE CHAIRMAN: Delegate Storm.
DELEGATE STORM: If you wish that
done and if the staff assistant has the time
and energy to do it, I would certainly agree
to it.
However, I think and hope that I could
answer any further questions that you
have.
THE CHAIRMAN: Delegate Bennett.
DELEGATE BENNETT: Delegate
Storm, this seems to require that under
certain circumstances a special act of Con-
gress would be required to exempt the uses
of the property from state legislation; is
that not true?
THE CHAIRMAN: Delegate Storm.
DELEGATE STORM: If I might answer
you a little more completely than the first
part of your question suggests, in the orig-
inal draft of the amendment, the words
were "until Congress shall by law provide
for the government thereof under the juris-
diction and manner provided in Section 8,
Article I of the Constitution of the United
States."
The gentleman from the Department of
Justice asked that we strike that and put in
"except to such extent as may specifically
be required by an act of Congress", and
this, he says, will include acts of Congress
which authorize federal agencies to ask for
a particular type of jurisdiction. He
thought that this should be in our provi-
sion in order to give the federal govern-
ment free hand without going back to Con-
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