|
DELEGATE WILLONER: In your delib-
erations, did you consider Article III, sec-
tion 60 of the present Constitution ? Is that
considered an exception ? Did you con-
sider it?
THE CHAIRMAN: Delegate Boyer.
DELEGATE BOYER: No, I must con-
fess we did not compare the recommenda-
tion that we are presenting here with that,
either pro or con.
THE CHAIRMAN: Are there any fur-
ther questions of the Committee Chairman ?
(T I) ore was no response.)
If not, Delegate Boyer will return to his
seat and we will consider the amendment.
Are there any amendments to Committee
Recommendation GP-11?
THE CHAIRMAN: The Chair has none
and hears none.
Is there any discussion on Committee
Recommendation GP-11? Are you ready for
the question ?
Delegate Macdonald.
DELEGATE MACDONALD: A parlia-
mentary inquiry, Mr. President.
If one wanted to vote against this pro-
vision, would it be more appropriate to have
an amendment to strike it out, or just talk
against it and vote against it?
THE CHAIRMAN: Speak against it and
vote against it is all that is necessary. It
is not necessary to have an amendment to
delete it.
Delegate Macdonald.
DELEGATE MACDONALD: Mr. Chair-
man, I would like to speak against this
particular section. I would urge, fellow dele-
gates, that you vote against this. I think
this provision is archaic, unnecessary, and
just is not true.
In the present constitution the treas-
urer is provided for and he is elected by
the General Assembly, namely by the leg-
islative branch, and yet he performs execu-
tive functions.
In addition to his duties as custodian of
the monies of the State of Maryland, he sits
on the Board of Public Works, and there
performs executive functions, yet he is ap-
pointed by the legislative branch, so in that
instance there is no separation of powers.
There is a mixture.
|
The Maryland Tax Court is supposed to
be a branch in the executive branch, but in
fact it performs judicial functions. It de-
cides cases just like any other court, except
that they involve tax matters only.
In the present Constitution on which we
are working right now, section 5.40 of the
judicial article provides that the chief judge
of the Court of Appeals shall appoint a
judge if the governor fails to do so. To me,
that is part of the executive function, but
yet it will be performed by the judicial
branch.
Section 5.31 of the constitution we are
now working on gives the Court of Appeals
and the General Assembly concurrent rule-
making power. The Court of Appeals has
the authority to adopt rules and so does the
General Assembly. That is either legisla-
tive or judicial, or both, but we have two
branches of the government doing the same
thing.
THE CHAIRMAN: You have one-half
minute, Delegate Macdonald.
DELEGATE MACDONALD: In another
provision in the legislative article we have
a redistricting commission. The members of
the redistricting commission are appointed
by the General Assembly and the governor,
and in a certain series of events, the redis-
tricting plan of that redistricting commis-
sion can become law.
I submit that this archaic provision just
is not true. It does not do anything except
maybe become a sort of litigation breeder.
It does not help any, and in the field of
local and municipal government it certainly
runs contrary to the modern practice. The
modern practice approved by the National
Municipal League ever since 1916 is the
council-manager form of government where
the two branches of government, namely,
the legislative and the executive are com-
bined or coalesced.
THE CHAIRMAN: Your time has ex-
pired, Delegate Macdonald.
Does any other delegate desire to speak
in favor of the recommendation?
Delegate Gleason.
DELEGATE GLEASON: Mr. Chairman,
I would have hoped it would not have been
necessary to speak in favor of the com-
mittee proposal, but simply because it is
extremely difficult to explain the many ram-
ifications that are involved in an adequate
discussion of this problem within the time
limitations imposed, I think it will be
enough for me to say simply that this pro-
|
