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The Chair recognizes Delegate Johnson.
I call to your attention now that section
1.16 as acted upon on second reading is
before you on page 14 of the draft con-
stitution.
Delegate Johnson.
DELEGATE JOHNSON: Mr. Chairman
and fellow delegates, this particular pro-
vision of section 1.16 is appropriately
under a section generally referred to as
personal rights. We submit that this is a
right of the citizens of this State.
As you are well aware, the constitution,
unless otherwise provided, becomes effec-
tive on July 1, 1968. In our opinion, de-
spite the fact that some reasons have been
given to delay this right, the so-called rea-
sons are not persuasive, since we are con-
cerned and are considering the rights of
all the citizens of this State with respect
to eminent domain and the damages that
may derive therefrom.
If we postpone the watered-down right
with respect to damages that we have pro-
vided in this constitution, despite the fact
that it may give the legislature some time
to determine what damages are, I object
to this particular provision. Despite the
fact that this is being made to allegedly
give the legislature some time, what hap-
pens to our fellow citizens whose property
is damaged in 'the meantime?
In other words, if this constitution that
we are writing for all the citizens of
Maryland is going to take effect on July 1,
1968, why should some unfortunate citi-
zens be deprived of this right for a period
of one year just because we inserted it in
these transitory provisions.
There is a strong probability that a citi-
zen's property will be damaged in that
year between July 1, 1968, and July 1,
1969. It is very easy for us to say, well,
that is tough, as long as it is not our
property that is damaged.
You will note that under 'the transitory
provision, this section 3 is titled, "delayed
effect of certain sections."
I submit that it is totally improper to
delay rights under this personal rights
section, and I would hope that this Com-
mittee of the Whole will strike this pro-
vision and make this right effective with
the adoption of the constitution.
THE CHAIRMAN: Delegate Lord.
DELEGATE LORD: Mr. President, I
wonder if Delegate Johnson would yield to
a question.
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THE CHAIRMAN: Delegate Johnson,
do you yield to a question?
DELEGATE JOHNSON: Yes, Mr. Pres-
ident.
THE CHAIRMAN: Delegate Lord.
DELEGATE LORD: Delegate Johnson,
if your amendment were adopted, is it not
true that the effective date of this section
would become July 1, 1968, if the consti-
tution is adopted, and if that is true, how
is it going to be possible for the legisla-
ture to limit and further describe this
right under the specific language that we
have adopted?
Apparently it is our intention that they
should take further action and yet perhaps
they will not be able to until this is effec-
tive.
THE CHAIRMAN: Delegate Johnson.
DELEGATE JOHNSON: As you are
aware, the legislature may or may not
further describe this particular right of
damages. I submit that if they wanted to
do so, they could do so prior to the adop-
tion date of the constitution and make it
effective at the time the constitution takes
effect, on July 1, 1968. I submit that they
may not particularly describe or define the
question of damages. They may leave the
matter entirely up to the court. I do not
understand this constitution making a con-
stitutionally enforceable mandate that the
legislature must define this right. They
very well may not. I hope they do not,
frankly, for your sake and mine, and all
the citizens of the State.
I believe damages are a proper judicial
matter and that the legislature should not
involve itself with what legal damages are
or are not, so I submit that your particu-
lar concern really should be no concern
because if they want to do it, they can do
it, and they may or may not do it anyway.
THE CHAIRMAN: Delegate Singer.
DELEGATE SINGER: I wish to speak
against the amendment.
THE CHAIRMAN: You may proceed.
DELEGATE SINGER: We have here
under consideration a provision which
caused much thoughtful doubt on the part
of many delegates. It was amended at the
second reading, with the specific purpose
of allowing and providing for the General
Assembly to lay down procedures and pro-
vide for any limitations that it felt neces-
sary or proper under the new eminent do-
main provisions that we adopted.
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