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Section 1 is definition.
Section 2 keeps incumbents in office. Un-
der two headings, constitutional officers are
continued only insofar as they are ex-
pressly continued. So all constitutional offi-
cers in it go out unless we have expressly
continued one. As to the last part of Sec-
tion 2, we are dealing with nonconstitu-
tional officers, persons who are appointed,
named, elected, and so forth, but pursuant
to the terms of the constitution. They stay
in unless they are expressly taken out. The
reason for that is that the old Constitution
is automatically superseded by the new
so that officers created pursuant to the old
Constitution go with it unless they are ex-
pressly continued. But as far as nonconsti-
tutional officers, they are set up by virtue
of law and since they are set up by law,
they continue by virtue of the fact that the
law continues.
This section 2 is extremely important.
Shall we get into personal rights?
(There was no response.)
DELEGATE JAMES: Are there any
questions on sections 1 or 2? Delegate
Armor.
DELEGATE ARMOR: Is it in order to
have questions after finishing each section?
DELEGATE JAMES (presiding) : I
would assume this would be proper pro-
cedure.
DELEGATE ARMOR: If this question
is in order, if not, I will hold it until later,
but this is a specific question.
DELEGATE JAMES (presiding) : It
would be difficult to proceed in any other
way. We should have questioning after each
section, although we have been following
a different procedure. It seems to be more
pertinent while you are explaining the sec-
tion to have it at this time.
DELEGATE ARMOR: This is a specific
question asked of me the last couple days.
I think it has quite a bearing on the final
approval on May 14 for employees of the
State and of the various sections to know
where they stand. Otherwise, some of those
employees might take the attitude of going
out working against it. Specifically it is
this. There are twenty-eight employees in
the Municipal Court in Baltimore. These
employees are under merit employment. The
oldest tenure of service is twenty-eight
years. Twenty-eight years of continued
service. Those employees are concerned
about where they would stand under this
new constitution, if adopted.
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•As I see it, they would be covered down
here in these lines 23, 24, and 25. They
would not be in danger of losing their jobs.
Is that correct?
DELEGATE HARDWICKE: That is
correct, Delegate Armor. That is absolutely
correct. That is exactly what we intended
in this last sentence.
DELEGATE ARMOR: Thank you very
much, Delegate Hardwicke.
DELEGATE HARDWICKE: Assuming
we are ready to go into personal rights in
section 3 of our report, section 1.16 of the
proposed constitution provides private prop-
erty shall not be taken or damaged for
public use or purposes without just com-
pensation. I believe there was an amend-
ment with regard to damages that was to
be regulated by the General Assembly. It
is for that reason that in section 3 (a) we
have provided that this provision, so far
as it pertains to damage to property shall
not take effect until July 1, 1969, because
that will give the legislature one section
in which to meet and pass provisions with
regard to damage to property. The amend-
ment that was adopted says except that
the allowance of compensation for prop-
erty damage but not taken for public use
or purposes shall be subject to any limita-
tions or restrictions the General Assembly
may prescribe by law. We postponed that
section to July, 1969, so the legislature
could meet and make provision with re-
gard to damage. Otherwise, the eminent do-
main section is in effect immediately.
DELEGATE JAMES (presiding) : Dele-
gate Johnson.
DELEGATE JOHNSON: I am not sure
I understand the full force and effect of
this postponement of the effective date of
this section. Would that be when the al-
leged damage occurred? Since it goes hand
in hand with some taking of some property,
would it be at the time of the taking or
would it be at the time of the damage or
would it be at the time of the suit?
DELEGATE HARDWICKE: It is at the
time of the damage.
DELEGATE JAMES (presiding) : Dele-
gate Johnson.
DELEGATE JOHNSON: What do you
mean by "at the time of the damage"?
DELEGATE HARDWICKE: Generally
speaking, that would be at the time of the
taking. In other words, the taking would
cause a damage. If the taking caused the
damage, it would be the time of the taking.
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