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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 468   View pdf image (33K)
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468 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 8]
James, have you given any thought to the
effect of this amendment upon the cost of
running as a delegate or as a senator?
One of our problems, of course, is upbuild-
ing the prestige of the House and the Sen-
ate. It is a fact that certain people just
do not have the money to campaign.
DELEGATE JAMES: I find this is true.
It is a cynical fact of political life, I am
sorry to say.
DELEGATE BENNETT: Would this
amendment of yours have any bearing on
that, do you think?
DELEGATE JAMES: Well, in the Sen-
ate it would probably minimize or reduce
the cost because, of course, in the 35 man
Senate, the district would have to be
larger. In the House, because the district
would be increased in size, the cost of run-
ning for a house district would probably
be increased. I think that either proposal
would reduce the cost of running from the
standpoint of house members.
THE CHAIRMAN: Are there any
further questions?
Delegate Pullen.
DELEGATE PULLEN: Mr. Chairman.
I should like to ask the speaker if he
has given any consideration to the matter
of time. I have never found that calm de-
liberation takes place, even among intelli-
gent men, in a refrigerator or a wind tun-
nel. Now, I usually find you very persua-
sive, but I have a question because it seems
you have gone only half-way. Unless the
very intelligent, selected individuals have
the time to deliberate, you are not going
to accomplish your purpose. I think to
really accomplish your purpose you must
consider the element of time, and of course,
all those other things that you have talked
about.
DELEGATE JAMES: On the element
of time there are two ways to look at it.
First, of course, is the legislator's time
generally. I think that a well-paid legislator
who devotes substantially all of his time
to representing the people gives you much
better representation than a multiplicity of
people who are part-timers. That is one
element of time.
The other element of time is the time on
the floor. Because of the limitations of time,
and the fact that we have large bodies,
there simply has to be a limitation of de-
bate, and to the extent you limit debate
you really do not have the free debating
type of organization that you should have,
ideally.
THE CHAIRMAN: Delegate Boyles.
DELEGATE BOYLES: Senator James,
I notice that your amendment did not con-
tain anything about how the delegates
should be selected. Do you wish to retain
the present system?
DELEGATE JAMES: There will be
single member districts in the House. Each
senatorial district basically would be a
composite district of one senator and two
delegates.
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: Mr. James, is
it not correct that in addition to the States
of California and New Jersey which you
have mentioned there are perhaps 16 or 18
other states which either use directly the
two-to-one ratio or very close to the two-
to-one ratio between their House and Sen-
ate?
DELEGATE JAMES: I am not sure of
the statistics. I imagine there are others. I
picked out two outstanding examples.
DELEGATE BYRNES: Delegate James,
you lay great stress on debate. Is it not
true over the past so many years in your
experience that very, very infrequently a
committee report or a committee recom-
mendation is overturned by either house,
and would you think that this history
would be altered by your suggestion?
DELEGATE JAMES: Well, I think my
suggestion hits at both houses. I think it
improves the committee structure, which
is very basic, but I think that any system
which minimizes the opportunity of discus-
sion and full debate on the floor is not
sound. I think we certainly should recog-
nize that unless we are going to succumb
completely to committee rule, freedom of
debate and full discussion on the floor is
an important element of a legislative body.
If you just throw up your hands and say
the committees are going to do it all, I
think you have lost something in a legis-
lative body.
THE CHAIRMAN: Are there any
further questions?
Delegate L. Taylor.
DELEGATE L. TAYLOR: Senator
James, in your minority report it is stated
that California passed progressive legis-
lation. Could you give me some examples
of the legislation that was passed by the
California legislature?


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 468   View pdf image (33K)
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