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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 288   View pdf image (33K)
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288 CONSTITUTIONAL CONVENTION OF MARYLAND [Oct 25]
THE PRESIDENT: Delegate Bard, I
thought you were going to ask a question.
DELEGATE BARD: My question is:
Does this imply that they have a vote of
their choice?
THE PRESIDENT: Delegate Kirkland,
do you want to answer?
DELEGATE KIRKLAND: To my mind,
it is in the "resolved," Dr. Bard, that they
would have a vote on one substantive com-
mittee, be it assigned by the President, or
be it a choice of their own. However, 1
think they are only entitled to one vote.
THE CHAIRMAN: Delegate Koss.
DELEGATE KOSS: I would like to
address a question, if I may, to Delegate
Kirkland. I can certainly appreciate his
concern in terms of one man, one vote, but
I wondered whether implicit in his state-
ment about attending hearings and meet-
ings, he felt that a vote on substantive
issues should be conditioned on attendance
at all hearings, prior hearings, and meet-
ings of the committee and participation
in the deliberations.
THE PRESIDENT: Delegate Kirkland,
do you care to answer?
DELEGATE KIRKLAND: I strongly
feel that witnesses and their opinions are
of vital importance in more or less my
committee deliberation, and I am quite
sure it would be in the consideration of
their vote, if they heard all the witnesses
who testified and the substance on which
they testified. I feel it is very vital and
important in determining one's vote.
THE PRESIDENT: Are there any fur-
ther questions to be asked? If not, the
Chair recognizes Delegate Koss.
DELEGATE KOSS: In extension of my
original question, I do not really feel Mr.
Kirkland answered it. I was mindful of
his consideration of the factor in terms of
the three people who are assigned to addi-
tional committees. I was talking about in-
dividuals assigned to only one committee,
and whether their vote in the committee
should be conditioned; whether in the orig-
inal statement there was any implication
that regular members who were assigned
only to one committee should not be per-
mitted to vote unless they had been pres-
ent in committee deliberations to hear the
testimony of all the witnesses.
THE PRESIDENT: Delegate Singer.
DELEGATE SINGER: I have a ques-
tion for Delegate Kirkland. His remarks
were not addressed to the last two lines of
the resolution, that they be applied retro-
actively. I would ask him why this is .in-
serted in the resolution when at this point
in the proceedings of the Convention it
would be damaging, if not fatal, to the
Convention if many of the committees
were forced to start all over again in vot-
ing.
THE PRESIDENT: Delegate Kirkland,
I take it that is a question addressed to
you. Do you care to answer it?
DELEGATE KIRKLAND: I do not
think it would be damaging. I think it
would just start some recounting of some
votes already taken and would give the
people an honest opinion of the substan-
tive committee. I see no reason and I do
not think it would hinder the progress of
this Convention one bit.
THE PRESIDENT: Delegate Schneider.
DELEGATE SCHNEIDER: Mr. Presi-
dent, on line 18 it says whereas one dele-
gate has been assigned to no substantive
committee—I would ask Mr. Kirkland who
is this delegate.
THE PRESIDENT: Perhaps the Chair
better answer that. The delegate in ques-
tion is Delegate Howard Penniman, who
is Chairman of the Committee on Style,
Drafting and Arrangement. Under the
Convention rules each delegate is entitled
to serve on at least one substantive com-
mittee if he so requests. In discussing the
appointment of Delegate Penniman to the
chairmanship of this committee, I sug-
gested that the duties of chairman of that
committee would be so exacting and time
consuming that he would probably not
have the time to attend the hearings of
other substantive committees. He agreed
and did not request that he be placed on
any other committee. Delegate Gallagher.
DELEGATE GALLAGHER: Mr. Presi-
dent, on page 2, I move that lines 6 and 7
be struck. Move to amend.
THE PRESIDENT: There is a motion
that lines 6 and 7 on page 2 be stricken.
Is there a second?
(The motion was duly seconded.)
THE PRESIDENT: Delegate Gallagher,
do you desire to speak in support of the
motion?
DELEGATE GALLAGHER: Very
briefly, Mr. President. I think the resolu-
tion has much merit but I am afraid the
retroactive aspects of it will cause some


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 288   View pdf image (33K)
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