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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3048   View pdf image (33K)
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3048 CONSTITUTIONAL CONVENTION OF MARYLAND [Jan. 2]

THE PRESIDENT: Delegate Beatrice
Miller, did you have a further question ?

DELEGATE B. MILLER: Yes, I am
sorry I have spoken often before on this
floor. I am not an attorney and I am in a
difficult position in relation to attorneys,
but it seems to me that if there is a con-
tractual relationship that this just upsets
that contractual relationship.

THE PRESIDENT: Delegate Miller, I
think that what Delegate Adkins has in
mind, and he will have to respond, is that
this amendment would have to be read in
connection with Amendment No. 13. In
other words, Amendment No. 13 is already
adopted, anr5 if this amendment is adopted,
the section with both amendments would
read "employees shall have the right to
organr <j and bargain individually or col-
lectkjly through representatives of their
ow. choosing subject to any regulations of
the exercise of those rights that the Gen-
eral Assembly may prescribe by law."

I take it that delegate Adkins answer is
predicated upon the notion that the right
to bargain individually would be just as
much subject to regulation by the General
Assembly as would the right to bargain
collectively.

Is that the basis of your answer, Dele-
gate Adkins?

DELEGATE ADKINS: I think that is
quite an accurate statement of the situa-
tion. I do not think this amendment is
anywhere near so catastrophic as the op-
ponents have said.

I am not an expert in the field of labor
or law, but if the General Assembly is to
be given the power to control or regulate
the manner of exercising the right given
by the constitution, by the same manner
they can control the exercise of the right
by the individual as well as the group.

I do not think it would interfere with any
existing relationships. It would give the
legislature the right to act in the field of
the group as well as the individual.

THE PRESIDENT: Delegate Miller.

DELEGATE B. MILLER: It seems to me
as these words read concerning that situa-
tion, this would affect every existing con-
tract in the State of Maryland, and I do
not think that Delegate Adkins meant to
do that.

THE PRESIDENT: Delegate Adkins.

DELEGATE ADKINS: I was simply
going to say that I certainly did not intend

to do that, and as I said earlier, rather
cryptically, I do not consider this does that.

THE PRESIDENT: Delegate Bennett.

Just a minute. To whom do you wish to
address your question, Delegate Churchill
Murray ?

DELEGATE E. C. MURRAY: In the ab-
sence of anyone else, the Chair.

THE PRESIDENT: Is it a parliamen-
tary inquiry?

DELEGATE E. C. MURRAY: You will
have to decide, sir. I do not know.

THE PRESIDENT: State the question.

DELEGATE E. C. MURRAY: I am
obliged to precede this by a statement, and
then if it becomes a question, fine.

(Lang liter.)

I am sorry I do not know how else to ap-
proach it.

THE PRESIDENT: Make the statement
and the question.

DELEGATE E. C. MURRAY: The initial
statement is that I do not believe that this
proposal which deals with a group of peo-
ple, and is too apt to set one group against
another, belongs in the constitution. On the
other hand, Delegate Scanlan asks us to re-
member that this is the twentieth century.

Delegate Bamberger asks for the reasons
that we oppose certain things. There are
two or three things that seem to me should
be clarified, and seem to me are probably
bothering the majority of delegates here,
and yet we are not touching upon them.

The question of the extent to which this
enters municipal employment, county em-
ployment, state employment, and the catas-
trophies to which this can lead have not
been touched upon. I have not asked a
question, sir, and I do not know in what
direction to answer it, but I do make the
statement that if we could adopt the prac-
tice of the old Quakers, and try to arrive
at some clear understanding, rather than
put this on a competitive basis, we would
do the State much, much more good I think.

Thank you for your tolerance.
THE PRESIDENT: Delegate Bennett.

DELEGATE BENNETT,: Mr. President,
could Delegate Adkins respond to one fur-
ther question?

THE PRESIDENT: He no longer has the
privilege of the floor unless there is a de-



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3048   View pdf image (33K)
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