as many which brought us to war in 1864.
They saw then that you could not fix a
session when you had serious problems. It
was only the 1867 Constitution which un-
der Article III, sections 14 and 15, set
forth a specific closing date 90 days after
the opening. Why was that specific closing
date set?
I am not just quoting history to be his-
torical, but to draw parallels. There was a
real fear that the legislature would be do-
ing too much. Here we believe that we want
the legislature to assume leadership itself,
the fear there had been damage on the part
of the legislature that had in a sense sup-
ported the Union position. Thus you note
by giving the Maryland legislature the
power to set the length of its session, we
reestablish the faith in this body, the faith
in 1776, 185I, and 1864, when this body
had the privilege of meeting when it needed
to meet.
We cannot run the risk of establishing
a new Constitution and having it lose its
full import when the forthcoming legisla-
tive sessions of 1969, 1970 and 197I find
too little time to put into effect the kind of
statutory laws that must dovetail with the
Constitutional ones. Any way you look at
it there is much to be lost if the length of
the legislative sessions are determined.
Now, a few closing remarks: if they are
determined for a long time to come in an
era when life and problems do not fit into
neatly determined packages, my conclusion
to this would be, let's not clutter—this isn't
just alliteration—let's not clutter the Con-
stitution with contradictions of 30 or more
days if needed and 30 more yet, an organi-
zational session, and other sessions. Let's
have one clearcut statement on legislatively
determined sessions, put the responsibility
and privilege where they belong, in the
legislature.
We in our Committee have spent a good
deal of time and soul-searching as to how
our State of Maryland can really come to
grips with serious problems of rural life,
urban life, human relations, with economic
development. We talk about recapturing
the main concept of the federal system,
that the states shall share with the na-
tional government the responsibilities of
our times, and that the citizens look to our
state legislators for assistance in these
serious problems. No narrowly fixed sched-
ule can do that. Only a flexible schedule
can do it. This can be done only if the
state sees it as a continuous task.
Yesterday we voiced objection to having |
some of our legislators be fractional repre-
sentatives. Can you not see that the 90 day
session, plus the 30, plus the 30, if we have
them, whatever you add, gives the citizens
the concept that our legislators are frac-
tional. They are fractional in that they are
90 day legislators. That is how we see
them now. Then 30 more, if we add an-
other fraction—90 to 365, whatever that
fraction would be.
The legislators themselves say they work
on state problems all year around.
Let's have the Constitution reflect this
view, that there are no fractional repre-
sentatives, and that our legislators seek to
solve problems all year around, not on any
particular moment.
Thank you, Mr. Chairman, and ladies
and gentlemen.
THE CHAIRMAN: Are there any ques-
tions of. the minority speaker for purpose
of clarification?
Delegate Byrnes.
DELEGATE BYRNES: Delegate Bard,
is it your intention to place the option in
the General Assembly both as to length of
session and as to the time of convening?
DELEGATE BARD: You will note that
the day of convening is clear. We say the
term shall start, the General Session shall
meet in regular annual sessions, convening
on the third Wednesday of January of each
year, unless otherwise prescribed by law.
We have just passed, as you will note,
Delegate Byrnes, an earlier statement in
respect to the so-called organizational meet-
ing. This would still hold true for 3.06. We
are merely changing that long statement
on 3.12.
THE CHAIRMAN: Delegate Byrnes.
DELEGATE BYRNES: If the Commit-
tee of the Whole were to adopt this proposi-
tion, Delegate Bard, would you at a later
point recommend to us that a salary in
excess of $8,000 be scheduled in the legis-
lation?
THE CHAIRMAN: Delegate Bard.
DELEGATE BARD: My own personal
feeling on that matter would not neces-
sarily be that of the Committee, but I per-
sonally believe that on the legislatively de-
termined session, $10,000 or even $12,000
would be a more reasonable salary than
$8,000. As a matter of fact, there are other
states that have gone far beyond that. But
I sincerely believe the $8,000 is minimal. |
