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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3314   View pdf image (33K)
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3314 CONSTITUTIONAL CONVENTION OF MARYLAND [Jan. 5]

The Chair recognizes Delegate Carson.

DELEGATE CARSON: Mr. Chairman
and ladies and gentlemen: This amendment
is largely in the nature of a housekeeping
one, although it does technically create a
substantive change.

The language previously in this section
and still in this section speaks of legisla-
tive or executive investigations, and there-
fore by its exact terms excludes any pos-
sible judicial investigations.

Now, in the constitution we have men-
tioned two possible judicial investigations
which would not be courtroom proceedings,
and they would be the commission on ju-
dicial disabilities and your nominating1
commissions.

In addition to that law, there are proce-
dures for admission of attorneys to the bar
and there are grievance proceedings against
attorneys for misconduct which might fall
into this area, and I think it is desirable
that the whole waterfront be covered in
this particular section.

In addition, the section as it now reads
does not clearly in its terms state that all
units of government are covered, although
by the history of this section it was cer-
tainly intended that they be so. So this is
in the nature of a clarifying annual encom-
passing amendment.

I have spoken to Delegate Gallagher who
is one of the co-sponsors, an original spon-
sor, and he is agreeable. I have spoken to
Delegate Mudd and Delegate Henderson.
They are both agreeable to it, and also both
the co-sponsors.

I urge you to vote in favor of it. I do
not think there is any serious question con-
cerning this.

THE PRESIDENT: Delegate Sollins.

DELEGATE SOLLINS: I am concerned
about the use of the words "governmental
unit". Do you intend those words to include
governmental branches? We have used the
word "unit" in other senses and other
meanings in this Constitution, and that is
what concerns me.

THE PRESIDENT: Delegate Carson, I
think the expression used in some of the
other sections you mentioned was "unit of
government", rather than "governmental
unit".

Was that what you intended, Delegate
Carson?

DELEGATE CARSON: That is what I
intended, and it will probably be changed

by Style to read "conducted by the State or
by any unit of local government", and I
might as well make that amendment right
here, because I know they are going to
make that on me. So it would read "any
investigation conducted by the State or by
any unit of local government, or any of",
and then it should be "their departments or
agencies."

THE PRESIDENT: Is there any objec-
tion to modifying the amendment so that
lines 8, 9 and 10 would read as follows:

"Any investigations conducted by the
State or any unit of local government, or
by any of their departments or agencies"?

The Chair hears none.

The amendment will be considered as so
modified.

Delegate Sollins.

DELEGATE SOLLINS: Just a question
of clarification of Delegate Carson.

THE PRESIDENT: State your question.

DELEGATE SOLLINS: Then I under-
stand by your use of the word "State" you
intend to include the three branches of gov-
ernment, the executive, the legislative, and
the judicial?

THE PRESIDENT: Delegate Carson.

DELEGATE CARSON: Without qualifi-
cation. And it is also intended by the use
of the second phrase, "any unit of local
government," that that would include either
the executive or legislative branch of the
unit of local government if those branches
were separated at that level.

THE PRESIDENT: Any further dis-
cussion?

Delegate Bennett.

DELEGATE BENNETT: Delegate Car-
son, if you please, would this comprehend
an investigation of the Public Welfare De-
partment to determine whether or not there
was an employable male in the home?

THE PRESIDENT: Delegate Carson?

DELEGATE CARSON: In my opinion
it would, Delegate Bennett. In my opinion,
the previous language also would have done
that.

THE PRESIDENT: Delegate Bennett,
do you have any other questions?

DELEGATE BENNETT: Of course,
then the issue comes up as to what is right
and fair and just treatment, because these



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3314   View pdf image (33K)
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