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can only collect service charges or bene-
fits, does not section 7.08 further provide
that if there is anything detrimental about
giving the civil unit the taxing power, that
it can intervene and establish standards or
procedures to correct abuse?
DELEGATE MOSER: That is not the
answer, if I may say so.
The answer to Delegate Case's problem,
which I missed until the end of the ques-
tion he asked, is that there is a constitu-
tional prohibition in here against the civil
unit's enacting a tax law because it is not
a popularly elected representative govern-
ment. It is perfectly clear not only from
this section but from section 8.01 of the
proposal of the Committee on State Fi-
nance and Taxation, that only a popularly
elected government can enact a tax. You do
not get into the problem Delegate Case
raised; you just do not start it.
THE CHAIRMAN: Delegate White.
DELEGATE WHITE: Mr. President, I
rise on a point of personal privilege.
DELEGATE WHITE: Advise the Con-
vention we have with us in the gallery to
the rear of the podium two distinguished
Maryland citizens, Milton Holmes, first
vice president of the Baltimore branch of
the National Alliance of Postal and Fed-
eral Employees, who is also Director of our
Target City Youth Program in Baltimore,
and one of his assistants, Mr. Pullen.
THE CHAIRMAN: Delighted to have
them with us.
(Applause.)
THE CHAIRMAN: Delegate Kirkland.
DELEGATE KIRKLAND: Delegate
Moser, this question pertains to charter
amendments. The power of charter amend-
ment is considered a basic power of any
home rule government. According to the
Committee's commentary, this power is
considered implied as being an existing
power of municipalities. Most municipal
charters, however, do not cover the power
of charter amendments. This right is
guaranteed in the present Constitution un-
der a 1954 home rule amendment.
My question, Delegate Moser is, if you
consider this power implied, then why not
spell it out in this article like much of the
rest is spelled out?
DELEGATE MOSER: The answer,
Delegate Kirkland, is it is not implied.
This is explicit. It is provided in section
7.07, relating to existing powers.
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I said three times now I think in answer
to a series of questions, I do not really
know how we can make it any clearer, that
what is intended here is to continue all
existing powers for municipal corporations,
including the power to amend the charter,
but, and this is the only but, if the General
Assembly wants to change the law it can
change the law. That is all.
Within that framework this is what it
means. Existing municipalities retain sub-
ject to control of the General Assembly, the
power to amend their charters whether or
not their charters now give them the right
to do that. I specify Section 3 of Article
XI (E) of the present Constitution which
it is intended will be continued. That
specifically gives the power to municipali-
ties to amend charters.
THE CHAIRMAN: Delegate Sickles.
DELEGATE SICKLES: Delegate Moser,
with respect to section 7.03, which concerns
itself with structure of government, do I
understand that as a matter of establishing
procedures for the operation of the county
government, the State can only do it one
time through the authority of the General
Assembly to provide an instrument of gov-
ernment effective July 1, 1972?
That would, of course, also apply to those
counties that have not adopted an instru-
ment of government by that time and even
that instrument could be amended there-
after under procedures established in 7.04.
My conclusion as I read this, and I
would hope you would show me otherwise
if I am wrong, that as a matter of fact
then the State would be forever precluded
from establishing standards that have to
do with the structure and administration
of the county government rather than the
powers it might have.
DELEGATE MOSER: Let me answer
the last question first. The answer to the
last suggestion is no, that the State can
always act by general law to affect all
counties if it wants to. This would include
anything that you can imagine the General
Assembly would want to do so long as it
acted by general law. That is point one.
The answer is no to the last question.
Regarding the first question, I think,
Delegate Sickles, that I am not making
myself clear; there are several things that
the General Assembly is to do. As I said
in answer on someone's question earlier,
within one year following the adoption of
this Constitution, the General Assembly
shall provide by public general law a
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