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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3133   View pdf image (33K)
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[Jan. 3] DEBATES 3133

sentence of 8.01, the sentence comprising
all of lines 7 and 8 and including the
words "public schools" on line 9.

I think I will have to restate the first
question because I understand that there
is a desire to concur in the part of the
amendments suggested in the first section
and not to concur in part. The first ques-
tion will thereby arise on the amendment
recommended by the Committee on Style to
strike the word "State" in line 7 and sub-
stitute the words "General Assembly by
law".

Is there any discussion?
(There was no response.)

The question will arise on the adoption
of this recommendation.

Delegate Adkins.

DELEGATE ADKINS: Mr. President,
I should like to speak briefly on the sub-
stitution of the word "General Assembly"
in lieu of "the State". I realize "General
Assembly" has been used throughout this
document, and this may be the only place
in the Constitution where the word "State"
is used, but I think in this instance we
should vary what has been the accepted
practice.

This right should be imposed on all peo-
ple, not only its legislative representatives.
"State" involves not only the legislative
branch, but the executive branch and the
local representatives on the local level.
For this reason, it seems to me that the
State should bear this responsibility and
not the General Assembly. I think we
should mandate all of the responsible of-
ficials in the State of Maryland and not
alone the General Assembly to carry out
this very essential provision.

It seems to me that this matter was
debated at considerable length, and per-
haps I should not be making these com-
ments, but I do urge that we restore the
original language which was arrived at
after clue consideration by a very strong
minority in a very fine Minority Report
adopted by this Convention.

I think in view of the colloquies this
morning, there are some substantial po-
tential changes in substance in relation to
the financing of the state school system
which I do not think was intended by the
Committee on Style or indeed by the sub-
stantive committee.

I feel quite strongly that the State gives
a dignity, significance, and importance to
this large responsibility which the General

Assembly does not get. I would, therefore,
urge that we not concur in the amend-
ments of the Committee on Style.

THE PRESIDENT: Delegate Adkins,
so that the matter may be clear in view of
the way that the Chair is presenting the
various amendments, I would like to ask
you this question. The next amendment to
be presented by the Chair would be that
which strikes from line 7 the word "pro-
vide" and in line 8 the words "by law for"
and substitutes the word "establish".

There are those who are going to urge
that the words stricken be restored. Would
you intend by your advocacy that the word
"State" be retained, that you would or
would not retain the words in the next
line "by law"?

DELEGATE ADKINS: I should advo-
cate that the word "State" appear in this
proposal wherever the words "General As-
sembly" have been substituted for it.

Frankly, my own preference, and this
is one I find difficulty expressing, would be
simply to restore this section to its original
language, but I cannot speak to that be-
cause the Chair is not putting the ques-
tion in that fashion.

THE PRESIDENT: The Chair is ask-
ing the question so that you could address
yourself to that. In other words, your pref-
erence is that the language read "The
State shall provide by law". This is what I
want to find out.

DELEGATE ADKINS: Yes, sir, I would
prefer that. Indeed, I would prefer to
simply see the language restored to the
way in which it was adopted by the Com-
mittee of the Whole. I think the language
is meaningful. It has not only historic
tradition, but it also has the legislative
history of this Convention to support it. I
do not think that there is the slightest
room for equivocation or doubt as to what
that language meant. I think there is sub-
stantial room as to what this language
means and, therefore, I would address my
remarks to the point of saying that I
would hope the Convention would restore
the language as it came out of the final
debates of the Committee of the Whole.

THE PRESIDENT: Delegate Boyer.

DELEGATE BOYER: Mr. President, I
reluctantly have to oppose my good friend.
I believe it is the first time I ever have,
and I hope it will be the last.

But I would suggest that the words
"General Assembly" have been taken in



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3133   View pdf image (33K)
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