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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 728   View pdf image (33K)
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728 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 13]
had evidenced interest, and I think five per
cent of the people who voted in the last
gubernatorial election could be considered
substantial interest, should have a mini-
mum of four months after a law is enacted
to campaign for their issue. With a lengthy
legislative session, there might be allowed
only enough time to gather petitions and
no time to get to the general public. I think
this is a serious deviation from what the
Committee recommended.
In that same paragragh, on line 16, fol-
lowing the sentence with the words "if re-
jected by a majority," in line 15, the sen-
tence, "If petition is filed before the date
on which the law is to take effect," I main-
tain can eliminate the possibility of sus-
pension altogether. There is no implicit or
implied or stated time here when a law
shall take effect.
Therefore, it is perfectly proper under
this for a General Assembly to pass a bill
and say as soon as it is signed by the gov-
ernor, it takes effect. What you have then
is no suspension whatsoever and no possi-
bility thereof.
The other point I would like to bring to
your attention was that the movers of this
amendment agreed part of the law should
not be subject to our suspension. The other
part of our recommendation totally ignored
here was that a majority vote was suffi-
cient to reject a law of the General Asssm-
biy, provided that twenty-five per cent of
the people who voted that day voted on it.
It seemed to us unless you had some such
safeguard, it was perfectly possible for a
vote of five per cent to reject the actions
of the representatives of a majority of the
people.
In conclusion, I suppose, I take offense
at the fact that the work of your Commit-
tee, the consideration of this substance, 1
concentrate on the word "substance," goes
for naught. I think we did have before us
Commission recommendations. We debated
it. We analyzed it. We accepted parts of it,
rejected parts of it, we added to it. I think
that deserves your consideration. Thank
you.
THE CHAIRMAN: Does anyone wish to
speak for the Amendment No. 14? The
question arises now, if no one wishes to
speak further—Delegate Gilchrist, do you
wish to allocate any of your time?
DELEGATE GILCHRIST: I will be
glad to yield as much time as she wishes to
Delegate Freedlander.
THE CHAIRMAN: Seven minutes re-
mains.
DELEGATE FREEDLANDER: I will
not need that much time. We also recog-
nize the work done by the Committee and
research in it and know of the thinking
that has gone into this.
However, we feel that the items that are
suggested as being eliminated could be in
transitory legislation or in transitory provi-
sions which this Committee could recom-
mend to be implemented by the General
Assembly when this portion of the Consti-
tution takes effect.
It is not that we do not feel these provi-
sions should be a part of the referendum
procedure. We do feel they should be a part
of the referendum procedure, but they
should be in the statutes of this state as
recommended by the Committee of this
Convention.
THE CHAIRMAN: Does Delegate Gil-
christ wish to reallocate any more of his
controlled time?
DELEGATE GILCHRIST: No, Mr.
Chairman.
THE CHAIRMAN: Delegate Koss, do
you wish to allocate any time?
DELEGATE KOSS: I would like to al-
locate what time he wants to Delegate
Schloeder.
THE CHAIRMAN: Delegate Schloeder.
DELEGATE SCHLOEDER: At this
time I would like to yield some of that time
to Delegate Chabot and reserve some of
the time. How much time do we have?
THE CHAIRMAN: A little less than
seven minutes.
DELEGATE CHABOT: I will be far
briefer. You will get the ball back, Delegate
Schloeder.
It is very interesting to see the maneu-
vering that has been going on this evening
with regard to efforts to submit the Com-
mission recommendation for the report.
It is pleasant to see that those who
originally wanted to submit the Commis-
sion recommendation, I think the term is
"haec verba," that term has been used for
the situation, have now conceded that there
are a number of things wrong with the
proposal as submitted to us and we have
been put on notice that if we are in agree-
ment with the proposal submitted to us,
number 14, I believe, that certain house-
keeping amendments will be made.
We have also been put on notice that


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 728   View pdf image (33K)
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