I am impressed with the compassion, the
consideration the delegates here are show-
ing for the small counties, and yet I am
also impressed with the fact that the small
counties held sway in the State for many
years, and I have yet to find that such
compassion, such consideration had been
shown for all minorities across the board,
and I certainly hate to bring this area in.
I am not speaking of the Negro minority;
I am speaking of the variety of minorities
in the State of Maryland.
I think if we are going to give such
consideration here, then we have to give
it across the board. I agree with Delegate
Hanson that if we go with the fractional
voting formula that we might as well go
back and reconsider our action of yester-
day and let the General Assembly set its
own size.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment?
Delegate Hostetter.
DELEGATE HOSTETTER: Mr. Chair-
man, I rise in support of the amendment
now before the Committee of the Whole.
I believe this amendment offers a plan
based on compromise and reason. I do not
believe that it is an amendment based on
deception. If this were so, our forefathers
would have been guilty of gross deception,
for in the federal Constitution it is pro-
vided that each State have a representa-
tive.
We all know that Congressional districts
are formed on the basis of a one-man/one-
vote concept. However, the State of Alaska
has a population of 226,000. A Congres-
sional district which would have the proper
number, according to the one-man/one-vote
concept, would have 410,000. I do not be-
believe anyone has ever suggested that
Alaska be represented with the State of
Washington.
While Alaska has 226,000, Delaware is
represented by one representative with
440,000.
I say again, this is a compromise, but a
compromise with reason, and there are
many practical reasons for each county
having a voice in Annapolis. First of all,
that delegate would be the voice of the
county within the legislature, and in many
cases with the rest of the State. He assists
the legislature by providing information
of the effect of statewide legislation on his
county. He is a ready source of information |
for the county government and his con-
stituents in the county as to what is going
on in the legislature.
If the recommendation of the Local Gov-
ernment Committee goes through, the
county government will be, as it has been,
our basic unit of government, and 1 be-
lieve that all of these basic units of gov-
ernment should have a voice in the legisla-
ture, even if it is a fractional voice.
Therefore, 1 support the amendment.
Thank you, sir.
THE CHAIRMAN: Before recognizing
anyone else to speak, I would like to take
a moment to acknowledge the presence in
the gallery of Senator Mary L. Nock,
President Pro Tern of the Senate, Senator
Verda Welcome, Baltimore City, Delegate
Tyras Athey and Delegate Al Lipin of Anne
Arundel County. We are delighted to have
them with us.
(Applause.)
Does any delegate desire to speak in
favor of the amendment?
(There was no response.)
THE CHAIRMAN: If not, the Chair
recognizes Delegate Henderson to speak in
opposition of the amendment.
DELEGATE HENDERSON: Mr. Chair-
man, fellow delegates: I rise with some
reluctance to express an opinion which,
while it is based on a very limited amount
of research over the lunch hour, and which,
therefore, may be termed a curbstone
opinion. Nevertheless it is my opinion that
this proposal is a violation of the federal
Constitution, and I say that, based upon
the authorities which I was able to ex-
amine over the lunch hour. The leading
authority on the subject appears to be that
of a three-judge federal court in New
York.
It is the case of WMCA v. Lomemzo, and
it involved the reapportionment of the New
York Legislature. The Legislature there,
when it was compelled to reapportion by a
court order, set up four alternate plans.
Plans D and C involved various similar
proposals to the one which is before this
body now, and the three-judge federal
court, Circuit Judge Waterman writing the
opinion in which he was joined by District
Judges Ryan and Leppitt, declared that
those plans violated the federal Constitu-
tion.
It was pointed out that if voting were
the only function of a legislature, the |
