further question. You used the term "spe-
cial legislation," which I understand would
be the same thing as what was termed
emergency legislation at one time.
Now, do you know if there is any other
precedent in any other state where the
legislature would be given the right to
make a law non-suspendable without a con-
stitutional justification? The present Con-
stitution spells out the meaning of an
emergency bill as being one necessary for
the immediate preservation of the public
health, public peace, health, or safety.
THE CHAIRMAN: Delegate Koss?
DELEGATE KOSS: I am informed that
in many other states this is called emer-
gency legislation, which can become effec-
tive immediately, apparently similarly as
we have had it in Maryland.
THE CHAIRMAN: Proceed, Delegate
Hostetter.
DELEGATE HOSTETTER: Would it
not be spelled out in the constitution as
providing an emergency measure?
DELEGATE KOSS: As it is—
THE CHAIRMAN: If I may rephrase
the question, Delegate Koss, I think what
Delegate Hostetter wants to know is
whether there is any other state, the con-
stitution of which permits the legislature
to make a law non-suspendable without re-
quiring that it also find that it is an emer-
gency, or similar circumstance.
DELEGATE KOSS: To the best of my
knowledge and information, the answer is
no. In order to be non-suspendable it has
to be emergency.
THE CHAIRMAN: Delegate Hender-
son?
DELEGATE HENDERSON: Is there
not some danger in departing from the ac-
cepted term, emergency, which has been
defined over and over by the Court of Ap-
peals, and has become more or less of a
ritual?
In other words, I think the Court has
held that they would not go behind the
legislative declaration to examine into the
necessity for it, but they did require the
legislature to say it.
Now, when you use the term "special
legislation," as a substitute for it, are you
not getting into another field, where that
term has also been defined, so it seems to
me that in departing from the accepted |
terminology, are you not creating confusion
instead of clearing it up?
Did the Committee consider that aspect
of it?
DELEGATE KOSS: We did to a cer-
tain extent, and I think in the memo, we
indicated that we were not strongly advo-
cating any particular term; whether you
call it emergency or special, it is termi-
nology. Perhaps the Committee would have
been happier had we expanded upon the
definition of what might be considered
emergency legislation, and while it is true
that the courts have not sought to investi-
gate what is and what is not emergency,
we did not want to place the General As-
sembly in the position of being susceptible
to that kind of a question, on the enact-
ment of legislation which could not be con-
sidered necessary for the immediate preser-
vation of the health or welfare of the
state, but was still absolutely essential and
should take effect immediately and should
not be suspendable.
THE CHAIRMAN: Delegate Hender-
son?
DELEGATE HENDERSON: By using
the term "special legislation," you are us-
ing a term which the courts have also de-
fined and which they have said in effect
means only legislation which deals with a
special situation, and is not of a general
character, so aren't you by using this term
introducing additional obscurity into your
meaning?
THE CHAIRMAN: Delegate Henderson,
if the Chair may be permitted to make an
observation concerning that comment, the
point you just made has been called to the
attention of the Committee on Suffrage and
Elections. They have called attention to the
problem in the Committee memorandum,
and it will be referred to the Committee
on Style to develop a term other than "spe-
cial legislation," because as all lawyers
know, a special law has a peculiar signifi-
cance.
I think the Committee is aware of this
and has noted it in the memorandum.
Is that correct, Delegate Koss?
DELEGATE KOSS: That is absolutely
correct. Certainly in this area I would be
glad to yield to Delegate Henderson's
knowledge on this subject.
THE CHAIRMAN: Delegate James.
DELEGATE JAMES: Mr. Chairman,
and members of the Convention, I would |
