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My own feeling is there is no doubt
about that. For that reason I do not really
feel that the entire proposal is in order,
but if the entire proposal is in order, then
I would urge that it be permissive, not
mandatory, for reasons which have been
stated extensively in debate.
THE CHAIRMAN: Delegate Burdette.
DELEGATE BURDETTE: Am I cor-
rect, we are not really dealing with this
question of exclusive powers in this motion
at all?
THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: So far as my
amendment is concerned, we are not deal-
ing with exclusive powers. I do not think
it affects them.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition to the
amendment?
Delegate James?
DELEGATE JAMES: I am in favor of
the amendment.
THE CHAIRMAN: Does any delegate
desire to speak in opposition to the amend-
ment?
Delegate Clagett.
DELEGATE CLAGETT: Mr. Chairman,
I am reminded of a rather humorous story,
which is very appropriate here. The story
goes that in a house a maid was very much
upset one morning with her husband and
she was exchanging a degree of womanly
confidences and seeking a degree of conso-
lation from the cook and she said to her,
"Rachel, why in the world do you work
from early morning until late at night;
why in the world do you make a living
and support that worthless husband of
yours," and Rachel looked her squarely in
the eye and said, "indeed I do work from
early in the morning until late at night,
and indeed I do make the living, but he
makes the living worth living."
Therefore, I feel that with respect to,
conservation, we are dealing with some-
thing that is so important that it really
boils down to just that. It makes living
worth living.
THE CHAIRMAN: The Chair recog-
nizes Delegate James to speak in favor of
the amendment.
DELEGATE JAMES: Mr. Chairman
and fellow delegates, I want to call to your
attention that there will probably be an-
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other provision in the constitution which
will say that the legislative, executive and
judicial powers shall be distinct from one
another. I think that is being included in
the Declaration of Rights.
Now, first, if that is a provision in this
constitution, which it is in most state con-
stitutions, the provision saying that the
General Assembly shall pass this type of
legislation and that it shall be judicially
enforceable, it is two conflicting constitu-
tional concepts.
Second, it is perfectly ridiculous to think
that the courts in Maryland can really
enact legislation by decree, providing for
conservation policies of this State. It is an
absolutely absurd concept.
On the other hand, the adoption of the
amendment will permit the legal concept
advocated by Delegate Carson, that the
General Assembly would be able to act in
an appropriate manner to provide impor-
tant conservation policies applicable to
areas of the State.
THE CHAIRMAN: The Chair recog-
nizes Delegate Jett to speak in opposition
to the amendment.
DELEGATE JETT: Mr. President, fel-
low delegates, I had hoped not to rise on
this occasion but I feel that it is absolutely
essential that we in this Convention go on
record to the people of Maryland and the
people of this country as being in favor of
conservation. Those of us who over a period
of a quarter of a century or not have ap-
peared in these halls and asked for legisla-
tion on conservation, and have had it ig-
nored at times, set aside at times, and not
acted on at other times, feel that regard-
less of the political worries and niceties
that our friend would inject into this de-
bate, we want some forceful, positive
statement to the people of this state that
conservation is a thing that makes Mary-
land worth living in, and conservation of
our natural resources is something that in-
terests and affects every man, woman and
child in this state. And we say very seri-
ously and in terms that no one can mis-
understand and with all the strength that
we have, that we expect the legislature to
protect fully the natural resources of this
State for the future.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment?
Delegate Scanlan?
DELEGATE SCANLAN: Delegate Ad-
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