says there "to repel invasions, suppress
insurrections, and enforce the execution of
the laws." This is a pretty broad blanket
coverage, to "enforce the execution of laws,
and provide assistance."
DELEGATE WEIDEMEYER: That
would give four categories of power.
DELEGATE BOYER: Yes, sir.
DELEGATE WEIDEMEYER: That is
what I wanted to clear up and find out.
DELEGATE BOYER: Thank you.
THE CHAIRMAN: Delegate Carson is
recognized for the purpose of asking ques-
tions.
DELEGATE CARSON: Delegate Boyer,
was the sentence "The military authority
of the State shall be and remain subject
to civil control in the person of the Gover-
nor at all times" meant to preclude the
federal government from federalizing the
guard at any time.
DELEGATE BOYER: In my humble
opinion, this would not preclude the fed-
eral government from federalizing the
guard. I think the federal law would be
paramount in dealing with this and in
times of emergency when the federal gov-
ernment decided or declared the Maryland
national guard was necessary, it would cer-
tainly have the right to supersede and
override any conflict there might be. I do
not think there is a conflict because it is
not our intention to handcuff the federal
government.
THE CHAIRMAN: The Chair recog-
nizes Delegate Johnson for the purpose of
asking a question.
DELEGATE JOHNSON: Mr. Chair-
man, I believe that Delegate Weidemeyer
asked the question that I was about to ask.
Without suggesting an amendment, per-
haps I could find out from the Chairman of
the General Provisions Committee whether
or not by inserting the word "other" on
line 14 and making the phrase read, "such
other times," that represents the sense of
the Committee.
DELEGATE BOYER: I think it would
be appropriate to say that this did repre-
sent the sense of the Committee.
DELEGATE JOHNSON: I just wanted
to understand it, thank you.
THE CHAIRMAN: The Chair recog-
nizes Delegate Bennett for the purpose of
asking a question. |
DELEGATE BENNETT: Mr. Chair-
man, did you take into account the situa-
tion which arose in California during the
Watts riot when the governor was out of
the country and they were unable to mo-
bilize the national guard on that occasion?
DELEGATE BOYER: Yes, sir, we con-
sidered not specifically the Watts problem
but the general area of your discussion.
We made a recommendation that we would
limit civil control in the person of the gov-
ernor and not specifically enumerate the
chain of command if he were disabled or
out of the country or unavailable for any
reason whatsoever, on the assumption and
provision that this language of succession
of command would be included by the Com-
mittee on the Executive Branch.
THE CHAIRMAN: Are there any
further questions of the Chairman of the
Committee on General Provisions for clari-
fication? Delegate Groh.
DELEGATE GROH: Mr. Boyer, I again
return to lines 17 and 18. Did the Com-
mittee find any conflict with the situation
where the President of the United States
might, if desirable, take command of the
militia or might federalize the militia?
DELEGATE BOYER: We could find no
conflict. I do not in fact recall that it was
even mentioned in the Committee. I do not
think that any of the witnesses intended
or that it was our intention to run eyeball
to eyeball or muzzle to muzzle with the
federal government in conflict on this. We
felt federal law would certainly supersede
anything if there was a conflict.
THE CHAIRMAN: Are there any
further questions of the Chairman of the
Committee on General Provisions for the
purpose of clarification? If not, thank you,
Delegate Boyer.
DELEGATE BOYER: Thank you, Mr.
President. We will perhaps have another
phase of this, the minority report.
THE CHAIRMAN: Yes, we will now
proceed to the next step which is the gen-
eral debate. I mention to you again that
this is not the time for offering or de-
bating amendments. It is a time for gen-
eral debate on the entire section, as, for
instance, whether you think such a section
is or is not necessary. The Chair recognizes
Delegate Boyer. Do you wish to continue
in general debate?
DELEGATE BOYER: Mr. President, I
think that in line with the Committee rec-
ommendation that everyone has available, |
