find out if this applied to judges. He insti-
tuted a suit against the then Comptroller,
Mr. Gordy, to test it out. When that case
got to the Court of Appeals, the Court of
Appeals of Maryland relied upon the Su-
preme Court case and ruled that it was a
diminution of the judge's salary in viola-
tion of his constitutional rights. Whereupon
the people rose up and said wherefore is he
any different from the rest of us? They
passed this constitutional amendment which
I just read and said that it was all right to
apply this tax literally to everybody who is
in the proper classification.
Thereafter, as sometimes happens, the
Supreme Court in a later decision ruled
that what the Maryland amendment said
was really law anyway in the case of
O'Malley v. Woodrough in 307 US 277 and
they expressly overruled the earlier case of
Evans v. Gore.
That left us then in this situation. You
are not reducing a judge's salary or any
other fixed salary of a state official by
this kind of tax. You do not need a consti-
tutional provision to say that this is so
because this is the law. It is applicable to
everybody and since the Maryland Court
of Appeals had relied on this case, which
the Supreme Court later overruled, we
reached the conclusion, which we do not find
to be one even in the gray area, that we
do not need this provision in the Con-
stitution.
However, for fear that if we left it out,
somebody might raise the point and say
this Convention met, considered the matter,
and left it out because they did not think
that such salary should be so reduced, we
offer this report to make it perfectly clear
that it is our intention not in any way to
upset the present prevailing law. Every-
body is going to be treated alike where
these taxes are concerned, whether your
salaries are fixed, whether they are not
subject to diminution, taxes are taxes, and
all will have to pay them within the re-
quirements of the law.
What we are asking is that this report
be accepted and adopted and filed in the
records of this Convention.
I so move, Mr. Chairman.
THE CHAIRMAN: Are there any ques-
tions for purposes of clarification? Is there
a second to the motion? This is a com-
mittee report and needs no second. Is there
any further question or discussion?
(There was no response.) |
Are you ready for the question?
(Call for the question.)
The question arises on the motion to
approve Committee Report SF-I. A vote
Aye is a vote in favor of the approval of
the report. A vote No, against. All in favor,
signify by saying Aye; contrary, No. The
Ayes have it. It is so ordered. Thank you,
Delegate Sherbow.
DELEGATE SHERBOW: Thank you,
Mr. Chairman.
THE CHAIRMAN: The Chair recognizes
Delegate Powers.
DELEGATE POWERS: Mr. Chairman,
I move the Committee of the Whole rise and
report to the Convention with respect to
its action concerning Committee Recom-
mendation SF-I and Committee Report
SF-I.
THE CHAIRMAN: Is there a second?
(The motion was duly seconded.)
THE CHAIRMAN: The question arises
on the motion to rise and report to the
Convention, that the Committee of the
Whole has considered Committee Recom-
mendation SF-I and recommends its adop-
tion with amendments and that the Com-
mittee of the Whole has considered Com-
mittee Report SF-I and recommends its
adoption by the Convention. All in favor,
signify by saying Aye; contrary, No. The
Ayes have it. It is so ordered.
(Whereupon, at 3:00 P.M. the Committee
of the Whole rose, and the Convention re-
convened,.)
(The mace was replaced by the Sergeant-
at-Arms.)
PLENARY SESSION
NOVEMBER 3, 1967—3:00 P.M.
PRESIDENT H. VERNON ENEY,
PRESIDING
THE PRESIDENT: The Convention will
now come to order. On behalf of the Com-
mittee of the Whole, I report to the Con-
vention that the Committee of the Whole
has had under consideration Committee
Recommendation SF-I and recommends that
it be adopted with amendments and that
the Committee of the Whole has had under
consideration Committee Report SF-I and
recommends that it be adopted. |
