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ing ,to include this and other matters in
the constitution, but does our duty to our
citizens not override this and other similar
considerations ?
Now, aside from the question of what
all this means, consider the additional
bureaucratic agency that will not only be
created, but be perpetuated under this par-
ticular section. Regardless of its size and
scope, it will never protect people from
themselves, but it will turn an agency of
our government into a complaint depart-
ment that may be forced to advertise "your
money cheerfully refunded."
I urge you to vote for the reconsidera-
tion, and then delete this section.
THE PRESIDENT: Delegate Boyer.
DELEGATE BOYER: Mr. Chairman,
I would like to yield to Delegate Bard.
THE PRESIDENT: I will recognize
Delegate Bard afterward. You do not de-
sire to speak?
DELEGATE BOYER: No, sir. We had
this worked out.
THE PRESIDENT: Very well. Dele-
gate Bard.
DELEGATE BARD: Mr. President,
speakers are arranged in terms of speak-
ing time. I have talked with Mr. Boyer
about this, and Delegate Sickles is to
speak for two minutes.
THE PRESIDENT: This is not a control
period of time. There is no controlled
debate.
Do you desire to speak? If so, I suggest
you do so now.
DELEGATE BARD: Yes, I do. I do.
THE PRESIDENT: I say this because
it is possible for only five speakers, and if
somebody gets ahead of you —
DELEGATE BARD: All right.
Mr. President, we have had four hours of
debate previous to Thanksgiving, and after
Thanksgiving, on this consideration, and
three votes. The proponents in this regard
have made it clear that this is of consti-
tutional status, and the reason why it is
of constitutional status is because it is true
that Maryland has operated in this area.
In this whole general area there are about
six categories. Those who are authorities
tell us that we would be able to operate
with great force if the constitution stated
something in regard to areas such as drug
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abuse, truth in lending, and stronger acts
in regard to safety and honesty in
packaging.
Voluntary actions do not work. The con-
cept of caveat emptor is dead. The chemical
and technical nature of the world makes it
impossible for him to understand his pur-
chases. The greatest number of purchasers
say we cannot compete with the few people
who are not honest. Those of us who are
honest can compete more firmly if there
is force behind what we are doing.
THE PRESIDENT: Thank you.
Any other delegate desire to speak in
favor of the motion to reconsider ?
Delegate Henderson.
DELEGATE HENDERSON: I would
urge this Committee to reconsider, and
delete this proposal from the constitution.
I am disturbed at the breadth of the prop-
osition, protection and education, which
are the broadest words that I can imagine.
I think it will lead to endless litigation
before its exact scope is determined by the
courts. If it has any legislative effect, if it is
not purely oratory and not self-executing,
and I assume that it is not, I assume that
it would require legislation to implement it,
and then it really furnishes no guide. All
that it says in effect is that we should
protect the people against fraud. That is
what it amounts to, and fraud has infinite
variety and it denies what is really the
basic principle of law and order, that is
self-help. For all of those reasons I think it
would be a mistake to enshrine this kind of
a general proposition in the constitution.
THE PRESIDENT: Delegate Koger.
DELEGATE KOGER: Mr. Chairman and
ladies and gentlemen: No provision at this
Convention has received greater praise in
the local and national newspapers, and
radio and television, than consumer pro-
tection. It was the very first thing we did
that directly benefited the people.
Everybody is a consumer, and a measure
of this kind will interest the people. The
main question we will be asked is: What did
you do for me? You will be saying some-
thing, and it will appeal to everyone, your
neighbor and secretary, and certainly your
wife, when you can say "You know, we
added something to the Bill of Rights,
a right in the marketplace, consumer
protection.'
I certainly hope you will stand your
ground and support this measure.
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