DELEGATE L. TAYLOR: Delegate
Byrnes, you stayed in your speech that the
process of the initiative works for the in-
terests of minority groups. I would like to
ask this question. Can the initiative be used
against the aims or benefits of minority
groups? Can this be used by the majority
to really work against the minority?
DELEGATE BYRNES: If I may an-
swer that directly and candidly, I must
say I do not think there is any question
whatever that when you provide in the
constitution of the state that people shall
have a direct right of involvement in their
government, you run the risk of both bene-
fit and abuse.
I said in the address, I think it is worth
the possible abuse to gain the benefit. I
think history proves out that the times
when abuses of the referendum occurred,
and my study nationally of the use of in-
itiative indicates that abuses are few and
far between. There is no question that a
minority group can use the initiative to
go to the legislature and seek perhaps the
trampling of another person's rights. The
point is what will happen when it gets on
the ballot; that is the critical issue. His-
tory indicates that the white hats are vindi-
cated time after time. I prefer to give black
hats and write hats the opportunity to ex-
press themselves rather than to deny both.
DELEGATE L. TAYLOR: Do you have
any information on what type of legisla-
tion has been enacted by the process of
initiative?
DELEGATE BYRNES: Nationally?
DELEGATE L. TAYLOR: Nationally.
DELEGATE BYRNES: I could refer
you directly to the memorandum accom-
panying delegate proposal No. 57 which
surveyed the entire country. I can give you
some examples. Reapportionment is one.
We deleted that from our own provision.
Alaska, for example, used it to bring the
state into being. I have seen it used to
designate silly things perhaps, designate
the name of a college, of the state uni-
versity. But maybe that it not silly there,
I don't know. I suggest we refer to delegate
proposals of No. 57 which covers the spec-
trum. I could pick them out, but they would
be biased in my favor while the ones
against me would be left out. I suggest it
would be more equitable if I read all of
them.
DELEGATE L. TAYLOR: Do you feel
there is a strong need for initiative in the
State of Maryland? |
DELEGATE BYRNES: I did not hear
you, sir.
DELEGATE L. TAYLOR: Do you feel
there is a strong need for initiative in the
State of Maryland because of the make-up?
DELEGATE BYRNES: I have no ques-
tion about it in my mind. I frankly do not
think I would be standing here if I did not.
I think that this Convention should extend
the powers of government in a way we
never knew before because in the future
with the development of regional govern-
ments there will undoubtedly be a smaller
legislature which is further physically, or
in any event, psychologically, from the
people, perhaps more efficient, but un-
questionably further from the people. I
think if we see that the government is
going further from the people and growing
more complex in its operations and effects
on people we should in reality do something
during this Convention to counter that de-
velopment.
Since we made this judgment, I think we
have to recognize there are devices we can
properly give to the people so that they
can first of all actually participate in self-
government but more importantly know
that they have that right which has a great
phychological advantage. I think unques-
tionably it is needed.
THE CHAIRMAN: Delegate Cardin.
DELEGATE CARDIN: Delegate Byrnes,
I would like to ask two questions. First, is
it possible by the procedure which you have
outlined that sponsors will introduce a peti-
tion which will be amended by the legisla-
ture but not to the satisfaction of the spon-
sors? If this is so, is it not possible that
you could then have a referendum and
initiative petition both on the ballot at the
same time?
DELEGATE BYRNES: I think that
would presume that saying the proponents,
who would prefer—
DELEGATE CARDIN: That's the next
question. The first would be brought by the
sponsors with the 90,000 signatures to the
legislature who in their wisdom would see
fit to amend it, but the amendment not suit-
ing the sponsors would then have a group
take to referendum the amended bill and
the sponsors would still insist that their
initiative be there. Would you not have
both on the ballot at the same time?
DELEGATE BYRNES: You are sug-
gesting that there would be two groups in
the State who would be interested in this |
