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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3174   View pdf image (33K)
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3174 CONSTITUTIONAL CONVENTION OF MARYLAND [Jan. 3]

DELEGATE GALLAGHER: Mr. Presi-
dent and ladies and gentlemen, we dis-
cussed these changes before dinner to-
night. It is the intention of the Committee
on the Legislative Branch that the Gen-
eral Assembly shall prepare a code, a spe-
cific code of ethics, and at the same time
we do not mean to preclude the possibility
that it will establish some board or agency
to administer this code of ethics. And fur-
ther, we go on to provide that the General
Assembly shall also provide for the regu-
lation of conflicts of interest.

This more closely approximates and is
identical to the original intention of the
Committee which we debated at some
length here. There was a difference of
opinion which was resolved by a vote, and
I would urge the adoption of this amend-
ment.

THE PRESIDENT: Delegate Gallagher,
the Chair has just noted the absence of
Delegate James. I have sent a messenger
to telephone his office.

Would it be agreeable to you to pass
over this amendment for the time being,
until we can find him?

DELEGATE GALLAGHER: Yes, sir.

THE PRESIDENT: Delegate Gallagher,
you have another amendment, I believe, in
section 9.06.

DELEGATE GALLAGHER: Yes, sir.

Delegates Case, Henderson and Sherbow
join with me in this amendment.

THE PRESIDENT: Can you state the
amendment?

DELEGATE GALLAGHER: Yes, sir,
I can.

In the provisions which we have before
us, article 9, General Provisions, on page
2, section 9.08 entitled "Corporation
Charters," on line 34 after the word "may"
insert the words "now or", so that line 34
will read "that may now or hereafter be
granted or conferred".

THE PRESIDENT: The Chair is al-
most certain that the Committee on Style
would want to change that around so that
it would read "that are now or may here-
after".

Would there be any objection on your
part to stating it that way?

DELEGATE GALLAGHER: Mr. Chair-
man, at this hour I am totally agreeable.

THE PRESIDENT: Delegate Penniman,
I do not know that you were following the

proposed amendment. Delegate Gallagher
suggests that on page 2 in line 34 after
the word "may" that he would like to add
the words "now or". I suggested to him
that your Committee would probably
change that to be "that are now or may be
hereafter". Can you direct your attention
to this for a moment?

DELEGATE PENNIMAN: I will, yes,
indeed.

THE PRESIDENT: Would you prefer
that to saying "may now or hereafter"?

DELEGATE PENNIMAN: I could say
that I have no preference whatever.

THE PRESIDENT: Delegate Gallagher,
would you come to the rescue of the Chair
and indicate if you have a preference?

DELEGATE GALLAGHER: Only last
night I was using Foivlcr's Dictionary of
English Uxayc, and I think that that would
be useful.

THE PRESIDENT: Delegate Gallagher
presents an amendment to add after the
word "that" the words "are now or". Is
there any objection to considering the
amendment, notwithstanding the fact that
it is not printed?

The Chair hears none.
Delegate Penniman.

DELEGATE PENNIMAN: Mr. Presi-
dent, my Committee has just informed me
that I very seldom speak for the Commit-
tee, in any case, on this matter. (Laughter.)

THE PRESIDENT: Delegate Gallagher,
do you desire to speak to the amendment?

DELEGATE GALLAGHER: Mr. Presi-
dent, just briefly: In examining this sec-
tion, if you will begin with line 31, I think
you will see the significance of the addition
"and any corporation chartered by this
State which shall accept, use, enjoy or in
any way avail itself of any rights, privi-
leges, or advantages that are now or here-
after may be granted or conferred by any
special act shall be exclusively presumed
to have thereby surrendered any exemp-
tion from taxation". The purpose of adding
these words, should the B&O Railroad
avail itself of merging with the Chesa-
peake & Ohio, that that action shall be
construed under this particular clause to
be tantamount to the surrender of its
exemption.

If we allowed the language to stand as
it was, talking about privileges that may
hereafter be granted, we may run into



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3174   View pdf image (33K)
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