silent in any respect and not restrictive,
the legislature would not be illegally pass-
ing laws to do a thing such as this. How-
ever, we felt that where- the present Con-
stitution does have some wording about a
particular subject and the proposed consti-
tution is silent on it, it tacitly implies that
we would not want to have action taken.
We felt we should follow Delegate Bothe's
suggestion and definitely have something
in the Constitution about the militia.
THE CHAIRMAN: Delegate Hardwicke.
DELEGATE HARDWICKE: Would it
not be true, Mr. Chairman, that this Con-
vention could make it clear even if it did
not provide for a Militia that it did not
intend to exclude this power from the Gen-
eral Assembly. If we stated that in this
Convention would that not clarify the fact
that the legislature would have the right
to enact this as a matter of law?
DELEGATE BOYER: Certainly, this
Convention, being all powerful, can make
any suggestion or recommendation to the
legislature. We simply felt, however, there
were only three alternatives: to be for it,
against it or silent about it. We felt it was
more appropriate to continue the pattern
established in the 1867 Convention by con-
tinuing it over to the 1967 Convention.
THE CHAIRMAN: The Chair recog-
nizes next Delegate Willoner still for the
purpose of questions. Let me say before
Delegate Willoner speaks that in keeping
with the announcement made several days
ago, arrangements have been made that a
member of the staff and secretaries are
available in my office for any delegates
who desire to have any amendments pre-
pared while the Committee of the Whole
is in session. Dr. Phillips is available to
assist you. Delegate Willoner.
DELEGATE WILLONER: Mr. Chair-
man, my question has been asked and an-
swered. Thank you.
THE CHAIRMAN: Delegate Lloyd Tay-
lor.
DELEGATE L. TAYLOR: Mr. Boyer,
I refer to lines 17 and 18. It states: "The
military authority of the State shall be
and remain subject to civil control in the
person of the governor at all times." Does
the "at all times" rule out the possibility
of the governor delegating this authority
to the lieutenant governor or, for example,
to the Mayor of Baltimore City or Mayor
of Cambridge were they to ask for the
militia to come in? Would it be possible |
for the governor to delegate partial au-
thority to a mayor under this provision?
DELEGATE BOYER: Any right to dele-
gate, of course, infers that you have the
right to rescind such delegation. The Con-
stitution would place control of all dele-
gable powers in the governor and also
power to rescind them, so that we would
have civilian control at all times. It is true
that the governor could call in the militia
for a forest fire and delegate to the adju-
tant general or somebody else. But the ulti-
mate control remains in the person of the
governor.
THE CHAIRMAN: The Chair recog-
nizes Delegate Finch for purpose of asking
a question.
DELEGATE FINCH: What would pre-
vent the governor from appointing himself
as military commander-in-chief?
DELEGATE BOYER: Our recommen-
dation is that the Constitution provide that
the governor be the commander-in-chief. I
do not know what you mean by military
commander-in-chief.
DELEGATE FINCH: Under this pro-
vision, as I interpret it since he can ap-
point officers, he can also appoint himself
military commander-in-chief in addition to
being the civilian commander-in-chief.
DELEGATE BOYER: I think that
might be in conflict with the recommenda-
tion if it is adopted by this Convention be-
cause 41 says he shall be commander-in-
chief. I think this would restrict him suffi-
ciently.
THE CHAIRMAN: Delegate Weide-
meyer.
DELEGATE WEIDEMEYER: Mr.
Chairman, I do not want to belabor the
point but going back to line 10, it appears
to me in reading this that—
THE CHAIRMAN: Delegate Weide-
meyer, this is only for purpose of ques-
tioning.
DELEGATE WEIDEMEYER: Where it
says "The governor may order the militia
to active duty to repel invasions, suppress
insurrections, enforce the execution of the
laws," did you intend that those three pro-
visions and powers for calling out the
militia were dependent upon the last part
of the sentence where it says "and pro-
vide assistance at such times when great
destruction of life or property may occur"?
DELEGATE BOYER: No, sir, that was
not the intention. The intention was as it |
