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language does not furnish the protection
that perhaps some might think desirable.
I, for one, do not think it desirable. I,
for one, would let this matter stay with the
representatives of the people to be dealt
with on a case-by-case basis under general
language which would prohibit them from
surrendering jurisdiction to the maximum
extent possible — that is, retain jurisdic-
tion to the maximum extent possible. No
other state apparently has such a provision.
I am quite confident that the United
States and all its agencies could not care
less whether this was a provision of our
statute or a provision of our constitution,
whatever the general feeling may be
about it.
Again, I ask you to keep out of the
Constitution matters that have no place
there and matters which can be handled
by the General Assembly and matters for
which no abuse on the part of the General
Assembly, at least in the last thirty or
forty years, has been demonstrated by any
evidence before this body.
THE CHAIRMAN: Delegate Jett.
DELEGATE JETT: Mr. Chairman and
fellow Delegates, I do not want to take the
Convention by "Storm" or "Scanlanize" it,
but hope to give it possibly a little "Jett"
propulsion.
What I would like to call the attention
of the Convention to is that I happened
to sit in on the General Provisions Com-
mittee and was very much interested in
Delegate Storm's presentation, and did
some very surface-scratching examination
of the authorities.
I think the big point that is lost sight of
here is that by this amendment we are
suggesting to the states that they do not
cede any more land to the federal govern-
ment. I think it has been lost sight of that
the federal government in the State of
Maryland holds 187,000 acres. This repre-
sents three per cent of the State. We have
given them the District of Columbia; we
were the earliest State to ever act on this
subject. Our thought is we should say to
the legislature that we do not want any
more of Maryland given to the federal gov-
ernment. This is our Maryland, and we
want to keep it, and to the full extent you
can keep it we want it retained.
We did recognize Delegate Sherbow's
problem. We did recognize there might
come a time when there might be a very
important federal installation coming to
Maryland, and we did not want the hands
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of the legislature tied so they could not
deal with that agency. That is the purpose
and the intent of the amendment which
Delegate Storm and I have introduced,
that the legislature is told we do not want
any further cessions in the State.
In the case our Chairman spoke of, it
came down to a very important matter of
dollars and cents. Louisiana had conveyed
away a very important piece of property
and had not retained the right to tax, and
had tried to put on an ad valorem tax. The
Supreme Court, in 376 U.S., in the Wag-
goner case, specifically held that if the
state had retained that right it could
have taxed the property on this ceded
property.
That is the point of this, and that is the
only point, that Maryland retain all of its
land that it possibly can, with as much
control over it as it is possible to retain.
I hope you will vote for the amendment.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition?
Delegate Sherbow?
DELEGATE SHERBOW: Would Dele-
gate Jett yield for a question?
In a matter that seeks to do good but
which might possibly do harm and is of
such tremendous importance, can you give
us one good reason why we should not have
a competently drafted legal written memo-
randum made a part of these proceedings
before we act on anything as important
as this?
THE CHAIRMAN: Delegate Jett.
DELEGATE JETT: I am not urging
that we act immediately on this, but I want
you to know that this is not something just
rushed into as a good idea without giving
it some thought.
THE CHAIRMAN: Delegate Boyer.
DELEGATE BOYER: Mr. Chairman, in
view of the very pointed questions raised
by various delegates, I would respectfully
move that this matter lay over until our
research staff can come up with a legal
memorandum on this so that we can con-
sider it more in depth and decide at that
time one way or another which route to take.
I would so move, Mr. Chairman.
THE CHAIRMAN: Delegate Boyer, I
do not believe the motion you just put is in
order in that form, because the Committee
of the Whole is acting under instructions
of the Convention. I believe the same pur-
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