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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3194   View pdf image (33K)
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3194 CONSTITUTIONAL CONVENTION OF MARYLAND [Jan. 3]

DELEGATE HARDWICKE : I would
imagine that in the general session in 1969
all the laws will be made effective as of
July 1, 1969, and since that will be the
effective date, that will tie in with this
particular date for laws enacted during
the 1969 session of the General Assembly.

DELEGATE JAMES (presiding) : Dele-
gate Rybczynski.

DELEGATE RYBCZYNSKI: Delegate
Hardwicke, in the event the legislature
fails to act on the amendment, during that
session, does that mean that the citizen
will have no right under what Ave say in
that article?

DELEGATE HARDWICKE: I think
Delegate Willoner pointed out, I believe
correctly so, that if the General Assembly
takes no action, the right would be un-
limited by law but would be subject to in-
terpretation by the courts. In other words,
there would be no limitation imposed by
law and it would be a matter of strict
judicial interpretation.

DELEGATE JAMES (presiding) : Dele-
gate Bamberger.

DELEGATE BAMBERGER: Mr. Chair-
man, may I suggest that in the interest of
time it might be more expeditious if in-
stead of entertaining sections as to each
section now at a time when I do not think
all of us have had an opportunity to go
through this whole package and at a time
when it is difficult for us to even find the
text of the particular sections as they
have been amended on second reading, it
seems to me that perhaps the Chair might
get the sense of the house as to whether
it would serve us better to have Delegate
Hardwicke go through this whole thing
first; each of us have particular concerns
and we can do a little research overnight,
then entertain questions as to the sections
tomorrow.

DELEGATE JAMES (presiding) : I
frankly confess that I think we all ought
to have opportunity to review these. I do
not think we have had that opportunity. I
think for the moment in view of the in-
adequacy of our time preparation in a
sense, to take them section by section prob-
ably is a little more satisfactory. Tomor-
row it might well be, after we have had a
chance to review these sections, that we
could permit Delegate Hardwicke just
simply to continue through the entire pre-
sentation. Then as we have been doing, we
could simply have a question period on the
whole area of transitional provisions, then
the schedule of transitional provisions

could be reviewed and then a question
period on that.

Delegate Hardwicke.

DELEGATE HARDWICKE: Do you
want to hold questions until the end?

DELEGATE JAMES (presiding) : Time
is growing short. We only have twenty
more minutes. I do not think we can con-
tinue this thing on a satisfactory basis for
very long this evening. If the Convention
will permit me, I will send a message to
the President. It seems to me as the Con-
vention grows a little sparser in population
here as it nears 11 o'clock and with that
the opportunity of reading this in advance
of the presentation, it would really be the
proper thing to adjourn and reassemble in
the morning in a little better state of
preparation.

DELEGATE HARDWICKE: May I
make a suggestion?

DELEGATE J.AMES (presiding) : Dele-
gate Hardwicke.

DELEGATE HARDWICKE : Suppose we
go through and just hit the high spots and
not have any questions this evening and
tomorrow we can go section by section after
you have perspective on it.

DELEGATE JAMES (presiding) : Per-
sonally, I feel estopped.

Delegate Gleason.

DELEGATE GLEASON: Mr. President,
without attempting —

DELEGATE JAMES (presiding) : Dele-
gate Powers, is going in to talk to Presi-
dent Eney.

DELEGATE GLEASON: The thing that
concerned me a little bit is that many of
these things we have acted upon some
weeks ago and, of course, many of these
things have not been acted upon at all. I
think a great deal of the questions could
be cut down if we had whatever the third
reading final edition looked like. Is there
any method by which this thing can be
made available to us?

For example, you just referred to this
damage section and the General Assembly.
We have to know or recall what that was.
We either get it by questions which pro-
voke other questions or we read it, which
may provoke more questions. What is the
status?

DELEGATE JAMES (presiding): In
my book I have what has been done so that



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3194   View pdf image (33K)
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