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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 699   View pdf image (33K)
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[Nov. 13] DEBATES 699
philosophy under which I operate here, I
should suggest that the referendum be re-
tained as it is in the Committee Report,
but that it not be made an idle or even too
easy a process when we are speaking of
strengthening the legislature. In essence
we must also include strengthening public
confidence in the legislature. I would sub-
mit, Mr. Chairman, there are many circum-
stances in this State in which the refer-
endum from a very small minority is dis-
ruptive, disruptive of confidence in the
legislature, disruptive in the applicability
of the law, disruptive in the political proc-
ess. Yet, there should be retained to the
people ideally an opportunity for refer-
endum, when there is such an outpouring
that people are willing to go to central
places to sign petitions.
We know in our large population centers
of this State, and with our communication
facilities being what they are, that these
outpourings are not always as feasible as
we think. Yet, because of the value of
esteem and confidence in the representative
body, five percent strikes me as a move-
ment in this State for enhancing the
strength, prestige and esteem of the legis-
lature, and still reasonably and properly
sustaining ultimate power of the people to
act, if they feel they must, but not lightly,
against the policies of the legislature.
THE CHAIRMAN: Delegate Hutchin-
son.
DELEGATE HUTCHINSON: I would
like to yield three minutes to Delegate
Boileau.
DELEGATE BOILEAU: Mr. Chairman,
fellow delegates, there has been a great
deal said about the explosion of population
in Maryland. I think it is very important
that this point be pressed even more. Mary-
land is one of the fastest growing states in
the union and I have heard it said a num-
ber of times that it is the fastest growing
in the east.
To my way of thinking, the three percent
figure that we now have is more than justi-
fied, when this population growth is taken
into account.
With this growth will come an ever-
increasing number of gubernatorial voters
as well, and this of course will provide a
larger and larger burden on those who
wish to utilize the referendum process.
I think there is little need to further
imbue the referendum as a real and viable
method for popular involvement by Mary-
land voters.
I further question whether it would
really be a great check on the legislative
branch.
We have strengthened that branch, I
think not out of proportion, and I feel, as
a number of other delegates mentioned,
that it is appropriate that the people have
greater voice as well in the act of legisla-
tive process.
THE CHAIRMAN: Delegate Koss?
DELEGATE KOSS: I would like to
yield three minutes to Delegate Schloeder.
The CHAIRMAN: Delegate Schloeder.
DELEGATE SCHLOEDER: Mr. Chair-
man, I might just say to begin with that
I would reject Delegate Boileau's comment
that advocating five per cent would be, or
was meant as a check on the legislature.
I do not think that five per cent would
be in any way a misuse of referendum but
I think that three per cent would. I con-
sider myself a strong defender and advo-
cate of direct legislation. As a matter of
fact, I shortly will join in a minority re-
port supporting direct initiative, which is
a companion piece of direct legislation. But
I think that 5 per cent puts a real premium
on sincere citizen concern, rather than on
fast organization, and that a lower 3 per
cent with lobbyists representing special
economic groups subverts the will of the
people, as exhibited through their elected
representatives.
I think that the Committee has already
been generous in allowing more time to
gather signatures than is presently al-
lowed, or may presently be allowed in the
1867 Constitution. I think that this is an
indication of the Committee's attempt to
relax restrictions, and in short, I think
that the lowering of the percentage to three
per cent would shift the availability of
referendum from a popular movement, to-
ward the special economic interest groups,
and for that reason I would suggest that
you vote against this amendment.
Thank you.
THE CHAIRMAN: Delegate Hutchin-
son.
DELEGATE HUTCHINSON: I have no
one else, Mr. Chairman.
THE CHAIRMAN: Delegate Koss?
DELEGATE KOSS: I would like to
yield the remainder of my time to Delegate
Cardin.


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 699   View pdf image (33K)
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