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DELEGATE CARSON: We are talking
about the same dates; the word "existing"
relates to the same time.
THE CHAIRMAN : Is there any further
question, Delegate Chabot?
DELEGATE CHABOT: Yes.
At the time of the effective dates of this
constitution, since the old Constitution will
have passed out of existence unless we do
something, the existing powers referred to
in line 21 will no longer include what is
now in Article XI-E ; is that correct?
THE CH AIRMAN: Delegate Carson.
DELEGATE CARSON: That is my ex-
act fear, Delegate Chabot.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: Mr. Chairman, so
there can be no doubt about this point, and
to answer Delegate Hardwicke's statement
that Article 23A does grant the power to
amend, I would like to state categorically
that it does not and that it states only the
procedure for amending.
Section 11 of Article 23A says: "Every
municipal corporation in this State shall
proceed as in this subheading provided in
exercising and applying the powers for the
amendment of municipal charters, which
are granted thereto by Article XI-E of the
Constitution."
So it is very clear in my judgment that
municipal corporation powers to amend
stem not from Article 23A of the Code,
which I grant is preserved, but from Ar-
ticle XI-E of the Constitution, which is
not preserved.
Now, Delegate Hardwicke has said that
there is no reason for the emergency, and
I would like to speak to that. There are
many charters in this State, and we have
dealt with a great many of them, particu-
larly charters of small communities on the
Eastern Shore of Maryland, where the
charters themselves either provide for no
method of amendment at all, or provide
for a method that is so cumbersome as to
make it almost impossible.
These communities from time to time
need charter amendments to authorize the
issuance of bonds, to make needed public
improvements. We do this in our office all
the time, draw up charter amendments to
permit the issuance of bonds.
Now, if in my judgment this section
does not go in, and the legislature of course
would not act in this area, then it would
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mean that these municipalities would be
without a method of obtaining needful
funds for capital improvements that they
otherwise would have. I know of no bond
counsel in the State who would pass a bond
issue for a municipality, without a provi-
sion of this character, until after the leg-
islature could act in 1969. I think this
would be an emergency, and I think there-
fore the section does not fit the require-
ments which have been set out before us,
so I think on both counts the section is
needed, and I hope this amendment is
adopted.
THE CHAIRMAN: Delegate Hardwicke.
DELEGATE HARDWICKE: I think we
may be belaboring something which, the
more we discuss it the less important it
becomes. It is almost impossible to knock
down bugaboos, skeletons, unexpressed and
undetermined fears, and authoritative legal
opinions not based upon any particular
case law, or any particular provision of
law, but I want to point out that in 10.01,
as amended today, we inserted this lan-
guage, and listen to it very carefully. This
is the amendment that we adopted today:
"A law in effect on June 30, 1968, shall
not be deemed in conflict with this con-
stitution solely because it was enacted pur-
suant to authority granted by provision of
the prior Constitution."
We adopted this language —
THE CHAIRMAN: Just a second, Dele-
gate Hardwicke.
You may proceed.
DELEGATE HARDWICKE : We adopted
this language for this kind of problem, and
it was our express intention that where
a statute established a procedure, set up a
mechanism, that simply because that
mechanism or procedure was adopted pur-
suant to a provision of the prior Consti-
tution, the mechanism or procedure was
not invalidated and was not in any way
less lawful under the new constitution.
Frankly, I am perfectly satisfied that
the thing probably does not do anything,
but in the final analysis if you vote it in you
are just cluttering up the constitution. I
think we could have put in a dozen or more
provisions like it on the same philosophy
of scare, fear, fright, that we might be
leaving something out, and I still oppose
the amendment.
THE CHAIRMAN: Are you ready for
the question?
Delegate Clagett.
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