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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3348   View pdf image (33K)
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3348 CONSTITUTIONAL CONVENTION OF MARYLAND [Jan. 6]

THE PRESIDENT: Obvious. The obvi-
ous typographical error will be corrected,
line 49, page 65.

Delegate Storm.

DELEGATE STORM: Page 69, line 30,
we just strike, as I understand it, the
word or words "or city", "county or city"?

THE PRESIDENT: That is correct.
Delegate Storm.

DELEGATE STORM: Should that not
be county or district because back in the
executive section it states an attorney can
come from a county or district.

THE PRESIDENT: Delegate Clark.
DELEGATE J. CLARK: That is true.
THE PRESIDENT: Delegate Penniman.

DELEGATE PENNIMAN: There is a
reference to county or district in 4.35 so
I think it probably would be correct.

THE PRESIDENT: The modification in
line 30, page 69, after the word "county",
add the word "or district". Is there any
objection?

The Chair hears none. The modification
will be made.

Delegate Storm.

DELEGATE STORM: I think there is
something later on in the same section,
line 33. Just glance at that a minute, and
see if that should be changed. Yes, I be-
lieve it should. We should have after the
word "county" in line 33 "or district".

THE PRESIDENT: I am not at all
sure.

Delegate Hardwicke.

DELEGATE HARDWICKE: I guess I
should yield to Delegate Mudd. Is it pos-
sible that you would have judges in the
district? If not, then I suggest this to
Delegate Storm, but then it would be prob-
ably out of order unless you had judges in
the district.

THE PRESIDENT: This is a reference
to a judge in a superior court and that
would mean in the county.

Delegate Clagett.

DELEGATE CLAGETT: The only
judge in the district would be the district
judge and we do not mean for him to make
the appointment.

THE PRESIDENT: All right.

Delegate Sollins.

DELEGATE SOLLINS: How about line
34?

THE PRESIDENT: The whole line 34
is stricken.

Delegate Grant.

DELEGATE GRANT: On page 78, lines
K) and 11, I am not sure we mean ex-
actly what we say and we also might be
saying too much. If you will start back at
line 9, "not more than one may be pub-
lished, then in that newspaper and in three
newspapers published in the City of Bal-
timore". I do not mean if there is only one
newspaper you have to publish it in three
newspapers in addition to that one. Three
newspapers in Baltimore are referring to
Baltimore being treated as a city, not a
county, and that entire section from "and"
can possibly be stricken.

THE PRESIDENT: I think your point
is well taken, but I do not think it can be
picked up by style change.

Would you be able to draft an amend-
ment to pick up a point. It seems obvious
that the latter part of the phrase in lines
K) and 11 is not intended to modify the
immediately preceding phrases and it needs
some rearrangement of the entire section.

Delegate Marion.

DELEGATE MARION: Mr. President,
back on page 69 in section 12 where we
have the problem of district, in line 33
after the word "county", would it not be
technically correct to add the words "or
within the district"? There would be, I
thing;, superior court judges resident with-
in a district, a state attorney's district.

THE PRESIDENT: The Chair really
thinks that the change that we made by
adding the word "district" are really un-
necessary and serve only to confuse the
issue. We are not talking here about the
provision of the constitution, but of legis-
lation, and if we are going to try to draft
a section that would be applicable if the
legislature creates districts as well as ap-
plicable if state's attorneys are going to
be elected by counties, then obviously we
are going to have to make much more ex-
tensive changes than are contemplated, and
I would think since states attorney's are
now elected by counties, that we could as-
sume for purposes of this legislation that
would continue and that the legislature
would make further changes if and when
it provided for states' attorneys by dis-
tricts.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3348   View pdf image (33K)
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