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and the Chair was by reason of that fact
in error in stating in response to an in-
quiry a few moments ago that the Peo-
ples' Court of Baltimore City was not a
court of record. The Constitution provides
as follows: unless otherwise provided by
law, People's Court shall not be a court of
record.
When I started to practice law the Peo-
ples' Court was not a court of record. I am
told that it was made so by law some ten
years ago. I feel very old.
DELEGATE RYBCZYNSKI: Which
part do you hate to admit, Mr. President,
the part about my being younger or the
error?
THE CHAIRMAN: Touchc.
Are there any further questions as to
section 21?
Delegate Della.
DELEGATE DELLA: Delegate Hard-
wicke, in section 21, there is no different
recommendation for salaries of the chief
judge and the associate judge. Is there
any reason for that?
DELEGATE HARDWICKE: I under-
stand that there is a difference now. The
Committee felt that there was no need for
any requirement that there should be a
difference. It would probably run afoul
of the constitutional provision against dif-
ferentiating between the salaries of the
judges at the same level which we have
already passed through this Convention.
In other words, since the chief judge is
a judge on the highest level and since we
have to pay all the judges on that level
the same salary, we would run afoul of the
present constitutional prohibition in dif-
ferentiating in salary at any level.
THE CHAIRMAN: Delegate Della.
DELEGATE DELLA: The chief judge
has different duties from the associate
judge. He is administrative officer of the
court, and I think he has been recognized
as such. That is the reason for the increase
in pay, which is a nominal sum, but only
as recognition of his position.
DELEGATE HARDWICKE: I suppose
that I have said that your quarrel is with
the way we put the provision through in
the main constitutional provisions relative
to judges' salaries, and I think that if you
want to take care of the point you are
making you would have to amend that
provision to permit us to differentiate with
regard to the chief judge.
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TPIE CHAIRMAN: Delegate Della,
Delegate Hardwicke is speaking of the
provision in the proposed constitution,
which this Convention has adopted.
Delegate Gleason, do you have a question
as to an earlier section?
DELEGATE GLE'ASON: Do you want
to finish section 21 first?
THE CHAIRMAN: We will come back
to it.
DELEGATE GLEASON: Delegate
Hardwicke, in reading the transitory legis-
lation in section 14 with respect to the
Board of Public Works and Board of Re-
view, it states the following: "Upon ter-
mination of the legal existence of the
Board of Public Works all its powers and
duties shall be vested in the Board of Re-
view" for which provision is made in ar-
ticle 4 of this constitution.
When you look at the constitution under
section 4.24, it states the following: "There
shall be a Board of Review in the execu-
tive branch. The Board shall consist of,"
the individuals -whom we know. "The
Board shall act by majority vote and shall
hold its meetings in public . ... and have
such powers as the General Assembly may
prescribe by law."
You correct me if I am wrong, but it
seems to me that the transitory legislation
is transferring the existing powers of the
Board of Public Works to the Board of Re-
view, which, in effect, makes it imperative,
or makes it necessary, that if the General
Assembly wants to change such powers, it
will have to take a positive act and reduce
those powers or cost them in some different
light, which, of course, I think is contrary
to what the provision of the constitution
says.
DELEGATE HARDWICKE: Delegate
Gleason, I call your attention to the first
portion of section 14 as appears on line 47,
page 19: "Upon the termination of the
legal existence of the Board of Public
Works, all of the powers and duties shall
be vested in the Board of Review."
Secondly, I might point out to you that
the main functions of the Board of Public
Works are not found in Article XII of the
prior Constitution, but most of its func-
tions are statutory.
THE CHAIRMAN: Delegate Gleason.
DELEGATE GLEASON: I am well
aware of that, Delegate Hardwicke, but
my point is that the powers that are to be
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