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unknown to the lower Bay, and do not exist
when the saline content becomes too high.
For three and a half years I represented
many if not most of the federal agencies
in this State which dealt with natural
resources. The variation within the State
was so great that those agencies them-
selves varied their regulations within this
State, sometimes on a county by county
basis, and on occasion Congress itself
passed laws which varied within the State;
because of the variation of soil, content,
game and fish within the State, it was
necessary to do so.
The exception in 3.22 permits the State
itself to vary a law from county to county
if it thinks that is wise in this limited
area of natural resources.
Now, this area is an area in which the
State is geared to act. It has the agencies,
the Department of Natural Resources, the
Department of Chesapeake Bay Affairs,
and the Department of Game and Inland
Fish, the Department of Means.
The counties are not geared to act in
this area, only the State, and I doubt, and
I think it would be very unwise that the
counties be given much authority in this
area.
I too am against the counties acting
greatly in this area and I am not for
counties passing their own local laws in
these areas, but if the State is to wisely
act with regard to natural resources, it
must have the flexibility so that it can take
action where it thinks it necessary in these
areas.
The result of this amendment I suggest
would be harmful. It would mean this,
among two effects: First, that the varia-
tions would have to be turned over to an
agency of the State with no state control
over that agency to change a regulation
which varied from county to county unless
that regulation was entirely revoked by
the General Assembly, or unless the agency
itself were destroyed or its funds taken
away. Those are both drastic statements.
I think it is important to keep in this
area the flexibility within the General As-
sembly. I think we are going to have a
good restricted General Assembly, which
will be visible, which will act responsibly,
which will not get into the area of local
laws unless it is absolutely necessary, and
I ask you and I urge you to permit this
necessary variation in this area which I
think is very important to the continued
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welfare of this State, and I think to the
natural resources of this State.
Thank you.
THE PRESIDENT: Does any delegate
desire to speak in favor?
Delegate Clagett.
DELEGATE CLAGETT: Mr. President,
ladies and gentlemen of this Convention:
I rise at this point on the basis both of
conscience and conviction to support this
amendment.
When the Constitutional Convention
made its recommendations to this Conven-
tion, from the Local Government Com-
mittee came seven substantive recommen-
dations. One of those, and I refer to page
22 of the blue book that we have looked at
so many times, and direct your attention
to section 48, where it reads as follows:
"The General Assembly shall be prohibited
from enacting public local laws".
Now, if you refer back to the section
that we have under consideration, section
3.22, there are eight exceptions permitting
local laws contained therein. Thus are laid
the tracks whereby the General Assembly
travels right straight down the avenue of
local laws.
We took some action when we voted upon
Amendment No. 16 A, that was referred to
as the Clagett Amendment, so called, to
remove some of the grease off of thought
tracks and to put some sand upon those
tracks.
However, we have not changed the level
of those tracks, which is down grade. What
this amendment does is to ask that you level
those tracks. It will not have the effect of
changing to an upgrade, but it will level
those tracks whereby in this area if you
refer to general provisions, section 9.06, we
are dealing not alone with the oyster in-
dustry and natural resources. We are also
dealing with natural environment and with
scenic beauty of the State.
Here we are in an area which is un-
chartered, undefined. In this area we should
place upon the General Assembly the re-
sponsibility of determining the charter, the
definition, and the area in which action
should be taken. It shall be left by the pro-
visions of this section to the General As-
sembly by law, and where we are permit-
ting it to act by law, with the other excep-
tions that are contained in section 3.22,
which will remain there, there will be vari-
ation where necessary from county to
county. There will be a cooperation be-
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