fication here is one that raises serious ques-
tions under the equal protection of the laws
clause. However, in order to achieve the
objective of a small efficient assembly and
in order to achieve the further objective of
seeing that each county had some represen-
tation, I for one would swallow the dark
amendment, although it goes down hard.
However, I will not swallow it, since just
a few minutes ago the objective of a small,
efficient legislature was repudiated and the
arguments made by our able Chairman
also were repudiated.
I certainly see no obligation to swallow
this constitutional monstrosity at the level
of 120, but I will take it at the level of 108
or 105, and I support Senator Clark's
amendment to the amendment.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition to the
amendment to the amendment?
DELEGATE RALEY: Mr. Chairman, I
wanted to ask Delegate Scanlan a question.
THE CHAIRMAN: Delegate Scanlan,
will you yield to a question?
DELEGATE SCANLAN: It is a pleas-
ure, Senator Raley.
DELEGATE RALEY: Delegate Scanlan,
you have been through this mill, you are
very famous down our way.
DELEGATE SCANLAN: It is nothing.
DELEGATE RALEY: The question that
occurs to me in looking at this is that under
the one-man, one-vote principle, I assume
it embraces everything including legislative
representation.
If you have fractional voting, that is,
percentage voting it means that the dele-
gate that would be a representative would
not be able to participate fully in every-
thing, and would this not violate commit-
tees and everything else that goes on?
Would this not violate the one-man, one-
vote ruling?
DELEGATE SCANLAN: Senator Raley,
as I understand it, the representative from
the under-populated county, as the phrase
appears here, would have all the privileges
of membership. He would participate in the
debate, and would serve on committees, only
his vote in committees or his vote on the
floor would count for a fraction, 70 per
cent, or 50 per cent, as the case might be.
I think that part does not give rise to
constitutional problems. What disturbs me
is the classification between the type of |
counties that would be entitled to this type
of representation, and the class of counties
that would be denied the extra fraction
that they otherwise would be entitled to by
their population.
I do not want to predict how it will come
out one way or the other, but it certainly
is obviously an invitation to constitutional
interpretation, although I have no urge to
undertake the same. There is no question
there is a cloud about its constitutionality,
but in order to achieve other objectives, I
for one would run the risk.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition to the
amendment to the amendment?
Delegate Darby?
DELEGATE DARBY: Mr. Chairman, I
would like to suggest to the members of the
Legislative Branch Committee that they do
as their Chairman said they would, be
graceful losers and let's get off this 105-35,
120-40 kick and get to the fractional voting.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment to the amendment?
Delegate Sherbow.?
DELEGATE SHERBOW: I shall be
brief. I urge you to put each of these mat-
ters in its right context.
It was necessary and proper that you be
given the opportunity to vote on fractional
voting. It was offered to you on the basis
of what you had debated for two and a half
or three hours, 120 in the House of Dele-
gates, 40 in the Senate.
The amendment now before you by Dele-
gate dark from Howard County puts you
back where you were when you left yes-
terday afternoon. When you vote against
it, and I hope you do vote against the
amendment to the amendment, you will
then have before you for such action as you
deem proper the right to vote on 120 and
40 and fractional voting.
I hope you will vote against the amend-
ment to this amendment.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment to the amendment?
Delegate White.
DELEGATE WHITE: I wonder if Dele-
gate Sherbow would yield for a question.
THE CHAIRMAN: Delegate Sherbow,
do you yield to a question? |
