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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 831   View pdf image (33K)
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Nov. 15] DEBATES 831

I would suggest that they should both be
treated the same, and therefore, Mr. Chair-
man, I offer the amendment.

THE CHAIRMAN: The Chair recog-
nizes Delegate Moser.

DELEGATE MOSER: Mr. Chairman, I
would like to direct one question to Dele-
gate Case, and then I think probably on
behalf of the Committee, subject to any
objection, we could agree that the Com-
mittee would not oppose this amendment.

THE CHAIRMAN: Will Delegate Case
yield for a question?

DELEGATE CASE: Yes, sir.

THE CHAIRMAN: Delegate Moser, you
may proceed.

DELEGATE MOSER: When you use
the phrase representatives of the people,
Delegate Case, are you referring to an
intergovernmental authority with a board
elected for that purpose, or would it also
include a board made up of people who are
elected to other offices and serve on the
board ex-officio?

DELEGATE CASE: I refer to a board
elected for that purpose.

THE CHAIRMAN: Delegate Moser.
DELEGATE CASE: May I?
THE CHAIRMAN: Delegate Case.

DELEGATE CASE: May I amplify
that?

The Committee will see a little later on
that the Committee on State Finance and
Taxation will bring in a recommendation
that the power to tax can never be exer-
cised unless and through the elected repre-
sentatives of the people, and the language
here would correspond to that provision.

THE CHAIRMAN: Delegate Moser.

DELEGATE MOSER: Mr. Chairman,
the Committee would not oppose this
amendment — unless I see some opposition;
and I don't.

THE CHAIRMAN: Delegate Clagett.

DELEGATE CLAGETT: Very defi-
nitely I oppose it, Your Honor.

THE CHAIRMAN: Just a second, bele-
gate Moser has the floor.

DELEGATE MOSER: Mr. Chairman, I
will yield to debate if there is some clari-
fication that Delegate Clagett wants to
make.

THE CHAIRMAN: Delegate Clagett, the
Chair recognizes you to speak in opposi-
tion.

DELEGATE CLAGETT: The word
"popularly" is not in the amendment sug-
gested by Delegate Case. Consequently it
could be that the board that is imposing
the tax under his amendment would be a
school board, consisting of members of the
county commissioners or members of some
other body, whatever it may be.

THE CHAIRMAN: Delegate Case has
already stated his intention, at least, that
the term "elected representatives of the
people" be directly elected by the people,
and not ex oflficio representatives.

Did you understand the amendment?

DELEGATE CLAGETT: Yes, sir; I
have great respect for Delegate Case, but
I would like to see the wording explicit.

THE CHAIRMAN: Delegate Case, the
suggestion is that the word "popularly" be
inserted in front of "elected" in line 6.

DELEGATE CASE: Mr. Chairman, I
see no reason for it. Section 8.01, which
will come before the Committee at a later
date, will say this: "Taxes shall be im-
posed only for public purpose and by
elected representatives of the people."

This has a perfectly well defined connota-
tion, and I think the record is abundantly
clear what we mean here.

THE CHAIRMAN: Delegate Clagett,
would you be willing to accept that assur-
ance with the understanding that the word
means that, so that the Committee on Style
can consider it in connection with the sec-
tion referred to by Delegate Case?

DELEGATE CLAGETT: Mr. Chairman,
I accept that assurance, but I would like
to have even more assurance and see the
word "popularly" there. We had this debate
before us, you will recall.

THE CHAIRMAN: Do you move an
amendment?

DELEGATE CLAGETT: I move the

amendment, that the word "popularly" be
inserted on line 6 of the amendment before
the word "elected." Then there could be no
question about it.

THE CHAIRMAN: Is there a second?

(Whereupon, the motion was duly sec-
onded.)

THE CHAIRMAN: It has been moved
and seconded that the amendment be modi-

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 831   View pdf image (33K)
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