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In response to Delegate James' question,
the sponsor indicated it was his deliberate
intention to put this power solely in the
hands of the General Assembly; that it
was his intention to also give the restric-
tive powers to the Executive Branch.
It appears to me that this would create
quite a hiatus. It could lead to a lot of buck-
passing between the executive and the legis-
lative branches and a lot of overlapping
and duplication; and worse it seems to me
that this would create confusion as to
prime responsibility and to whom the
people could look for guidance
It also appears to me that the first sev-
eral words of the amendment saying that
it shall be the policy of this state dilutes
the intent of the Committee.
We deliberately chose the words, after
long hours and hearing from many wit-
nesses, who are intensely interested in con-
servation. We deliberately chose the words,
"the General Assembly shall provide by
law" because this seemed to be consistent
with the other matters that had thus far
been submitted to this Convention, and to
the best of our knowledge and information
would be continued to be submitted in this
form. To now say that it shall be the policy
of the State to do thus and so would be
inconsistent with what had gone before and
what we thought might come hereafter.
Your Committee deliberately considered
and deliberately chose the words, "that the
General Assembly shall provide by law."
We would prefer it this way, from- the ex-
pert testimony given us, and I would have
to oppose any change as suggested by the
amendment.
THE CHAIRMAN: Does any delegate
desire to speak in favor of the amendment?
Delegate Bennett?
DELEGATE BENNETT: Mr. Chair-
man, I would think that this proviso would
give a great deal of protection to the pub-
lic and to the preservation of natural re-
sources because it would enable a taxpayer
or citizen to go into court and enjoin ac-
tion by the Public Roads Department, for
instance, which might plan a road that
would require the cutting down of the Wye
Oak, for instance, or otherwise take over
certain public lands.
As it is phrased here, it seems to me
that that could be done by a citizen, and
to that end I would support it. I think in
addition to that, just as the Constitution of
the United States states that the Congress
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shall provide for the common defense, pos-
sible offices and possible roads, et cetera,
here we can mandate the legislature to do
certain acts and have a kind of double-
barreled amendment that I think should be
approved.
THE CHAIRMAN: Before recognizing
anyone else to speak, I understand the
amendment is printed and circulated. I will
ask the Clerk to read it. It will be marked
Amendment No. 1.
READING CLERK: Amendment No. 1
to Committee Recommendation GP-3 by
Delegate Hardwicke : Strike out lines 8
through 11 and substitute in lieu thereof
the following: "It shall be the policy of
this State that the State government shall,
by appropriate action, conserve, enhance,
improve and protect the natural resources
and environment, and scenic beauty of the
State."
THE CHAIRMAN: Since we have a
pause for a moment, the Chair would like
to announce that this morning we had with
us some students from Chestertown High
School in Kent County, and I understand
there are now in the gallery some students
from Western High School in Baltimore
City. We are delighted to have them here.
(Applause.)
THE CHAIRMAN: Delegate Carson, do
you desire to speak in favor or in opposi-
tion?
DELEGATE CARSON: In opposition.
THE CHAIRMAN: The Chair recog-
nizes Delegate Carson to speak in opposi-
tion to the amendment.
DELEGATE CARSON: I rise in opposi-
tion to the amendment, and at the same
time I will state that I will support the
Committee Recommendation.
At the present time under Maryland
law, Article 66 (c) dealing with conserva-
tion of natural resources broadly comprises
about 1/15 of the laws in this State in the
Annotated Code of Maryland.
Your Local Government Committee has
realized this and it has been a considera-
tion in our discussions about restricting
against public local laws and requiring the
General Assembly to act only by public
general law. We know it may possibly af-
fect Article 66 (c), because Article 66 (c)
realizes what we all know, that there is a
species of deer in Worcester County that
does not exist in Garrett; that there are
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