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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 534   View pdf image (33K)
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534 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 9]
DELEGATE MALKUS: I wanted to ask
a question.
THE CHAIRMAN: I will give you an
opportunity in a few minutes.
Delegate Gilchrist, do you desire to speak
in opposition?
DELEGATE GILCHRIST: Would Dele-
gate Bamberger yield for a question?
DELEGATE BAMBERGER: Yes.
DELEGATE GILCHRIST: I would
simply like to clear up one slight misappre-
hension which may have been left with the
body.
As you opened, you said that this 36-108
figure was the recommendation of the Com-
mittee on the Legislative Branch. I believe
the Legislative Branch Committee has never
discussed this, nor has the Legislative Com-
mittee met with respect to Judge Sherbow's
amendment. I think the statement that this
is the recommendation of the Committee
may have led to misapprehension in the
mind of the Convention.
DELEGATE BAMBERGER: If Imay
answer your question in the reverse order
in which it was asked, we did meet to dis-
cuss the composition of a legislature of
40-120. That was, as you know, a consider-
able part of our deliberations.
We have not met on it since the amend-
ment, of course, was made by Delegate
Sherbow, but we certainly did discuss 40-
120 as long and as well as we discussed
every other alternative that has been put
before the Committee of the Whole.
My statement that the Committee had
recommended 36-108 was based on equating
35 and 105. The Committee's recommenda-
tion is 35-105.
By the rules which govern the Committee
of the Whole, we may not offer 35-105, and
we would not vote on 35-105, until we had
finished our consideration of the entire pro-
posal, so what I am saying is that the 36-
108 is as close as we can get to 35-105, and
I suggested it be considered as identical.
THE CHAIRMAN: Delegate Gilchrist,
do you desire to speak against the amend-
ment?
DELEGATE GILCHRIST: No, Mr.
President. I would like to ask another ques-
tion, if I may.
THE CHAIRMAN: Proceed.
DELEGATE GILCHRIST: Delegate
Bamberger, in Delegate Gallagher's argu-
ment, he just said that there would only
be two counties in senatorial districts.
Would that be correct, or did he intend to
say in the house districts?
DELEGATE BAMBERGER: I will yield
to the Chairman, who has the map.
Before I respond, to your question, may I
say, the Committee voted on a 40-120 ratio
on October 26, and then immediately after
that considered the 35-105 ratio. The vote
was 10 to 10, on the 40-120 ratio and 15
to 5 in favor of 35-105.
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: You are
correct, Mr. Gilchrist, if I said the word
"Senate," it should have been "House."
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition to the
amendment?
Delegate Malkus?
DELEGATE MALKUS: Mr. Chairman,
I am not going to play around the mulberry
bush now. I want to ask the Chairman a
question. I just found out from my friend
Gilchrist over here how to do it.
DELEGATE BAMBERGER: I yield.
THE CHAIRMAN: Delegate Malkus, I
think —
DELEGATE MALKUS: I am going —
THE CHAIRMAN: Delegate Malkus, I
think the person entitled to the floor at the
moment is someone who can speak in oppo-
sition to the amendment. Will you permit
me to find out if someone does, then I will
permit you to ask a question.
DELEGATE MALKUS: I do not want
to forget what my question is.
THE CHAIRMAN: You can make a note
of it.
DELEGATE MALKUS: Thank you.
THE CHAIRMAN: Delegate Clarke.
DELEGATE E. CLARKE: Thank you,
Mr. President.
Ladies and Gentlemen of the Committee
of the Whole:
I appreciate the feelings of members of
the committees when they have anyone's
strong opposition on the floor after they
have worked hour upon hour, night and
day, and burned the midnight oil; but I


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 534   View pdf image (33K)
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