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We already have found that a fixed per-
centage is at variance with the holdings of
the Supreme Court of the United States
which has determined simply that Congres-
sional districts need to be substantially
equal in population. Substantially equal
is a far more flexible term than a fixed ten
percent, because if under the proposed sec-
tion we varied as much as a fraction of one
percent over, our districting would be out,
and in these days of mobility of population,
rapidly growing areas in some sections,
static ones in others, I find it very difficult
to believe that it is desirable to freeze a
fixed percentage.
I see no reason why the standards of the
Supreme Court of the United States in a
field which has been preempted by the fed-
eral government should not be entirely
acceptable to the people of Maryland.
There is neither a need for nor a desira-
bility for the inclusion of this in the consti-
tution of Maryland, and I strongly recom-
mend that you adopt the amendment, strike
the provision.
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Mr. Chair-
man and ladies and gentlemen: I oppose
the amendment. I think it is idle to believe
that the Congress of the United States is
going to provide sufficient guidelines for
proper redistricting. It has now been 36
years since we had a congressional act
which would provide for compactness and
for adjoining territory. The "substantially
equal" came into mode after the Supreme
Court held in the Georgia case that they
had to be substantially equal.
It is quite true after the Congress acts
in the area that it will have preempted the
field, and any constitutional provision
will fall.
On the basis of history and on the basis
of honest estimates made by those who are
close to Congress, it is only fair to say that
there is not going to be the kind of re-
districting legislation out of Congress which
is going to guarantee the kind of represen-
tation that we want.
Therefore I would say when we have an
opportunity to provide fair representation
in the seats of Congress we ought to take
advantage of it, and the gossamer fear of
the day when Congress will allow these
provisions to fall, we ought not to worry
about.
For whatever time we will have con-
gressional redistricting, we should seize
on it. If it is only 10, 20, or 30 years, it
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will be two or three decades of much more
satisfactory government.
Certainly the legislature of the State of
Maryland has demonstrated that it has
been incapable of coming up with a federal
constitution plan on a one-man, one-vote
basis. I think that we owe it to the legisla-
tors who are going to grapple with this
problem again to give them the outline of
what the people of Maryland expect of
them, not only on the basis of what the
Supreme Court might require, but what we
are entitled to require over and above the
bare minimum.
I urge you to defeat this amendment.
THE CHAIRMAN: Is there any further
discussion?
Are you ready for the question ?
(Call for the question.)
The Clerk will ring the quorum bell.
The question is on the adoption of
Amendment No. 1 to delete section 3.03 (b)
comprising all of lines 8 to 25, inclusive,
on page 1 of Committee Recommendation
LB-3. A vote Aye is a vote in favor of the
amendment, and will delete the section.
A vote No is a vote against the amendment.
Cast your votes.
Has every delegate voted? Does any
delegate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 37 votes in the affirmative
and 82 in the negative, the motion is lost,
and the amendment is rejected.
Delegate Weidemeyer, do you desire to
offer your amendment now?
DELEGATE WEIDEMEYER: I do, Mr.
Chairman.
THE CHAIRMAN: Is there any objec-
tion to considering an amendment to delete
all except the first sentence of section
3. 03 (b), notwithstanding the fact that it is
not printed with the understanding that
the printed amendment will be on your
desk shortly?
The Chairs hears none. Amendment No.
2 will be to delete all except the first
sentence of section 3.03 (b) which will be to
delete line 13 after the portion of the word
"sentatives", and "The difference between
the populations of the largest and small-
est congressional districts in the State
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