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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 832   View pdf image (33K)
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832 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 15]

fied by inserting in line 6 between the
words "the" and "elected", the word,
"popularly."

The Chair recognizes Delegate Case.

DELEGATE CASE: Mr. Chairman, I
do not want to take the time of the Com-
mittee to nitpick over words. It is perfectly
clear to me that it means popularly elected.
I see no reason to put it in, and I am going
to vote against it.

THE CHAIRMAN: Delegate Clagett.

DELEGATE CLAGETT: Mr. Chairman,
then I am going to oppose the amendment
on this basis.

THE CHAIRMAN: The question that
you are now debating is your motion to
amend the amendment, Amendment No. 10,
by inserting the word "popularly." I as-
sume you are in favor of that?

DELEGATE CLAGETT: I am in favor
of that.

THE CHAIRMAN: The Chair will put
the question. Do you wish to speak to it?

DELEGATE CLAGETT: I would only
wish to speak to the entire amendment.

THE CHAIRMAN: Any further discus-
sion of the amendment to the amendment,
to modify it by inserting in line 6 the
word "popularly" before the word "elected"?

Delegate Moser.

DELEGATE MOSER: I have a ques-
tion, Mr. Chairman, of Delegate Case, for
clarification.

THE CHAIRMAN: Delegate Case, will
you respond to a question?

DELEGATE CASE: Yes, sir.
THE CHAIRMAN: Delegate Moser.

DELEGATE MOSER: Delegate Case, it
is my understanding that whether Dele-
gate Clagett's amendment is successful or
unsuccessful, the meaning will be precisely
the same; is that correct?

DELEGATE CASE: That is my under-
standing. I hope it is yours and the Com-
mittee's, too.

THE CHAIRMAN: Delegate Koss.

DELEGATE KOSS: Mr. Chairman, I
have a question. I am suite confused. If
you will turn to SF-3, which I know is not
under consideration, but to which Delegate
Case alluded. It says, taxes shall be im-

posed only for public purposes, and by the
elected representatives of the people ex-
ercising legislative powers.

Now, is there any room for limitation in
that language in terms of Delegate Case's
proposed additional language to this
section?

THE CHAIRMAN: Delegate Case.

DELEGATE CASE: Delegate Koss, if
the recommendation which you have just
read is passed, it will, of course, modify
and cut across this provision; it will apply
to all legislative groups attempting to ex-
ercise the power of tax, so that it would
have to be exercised in the legislative
power, and hence would have to be popu-
larly elected.

THE CHAIRMAN: Delegate Freed-
lander.

DELEGATE FREEDLANDER: Mr.
Chairman, may I pose a question to Dele-
gate Case, please?

THE CHAIRMAN: Yes. The question
under discussion now is the motion to mod-
ify the amendment by the addition of the
word "popularly." Is your question di-
rected to that?

DELEGATE FREEDLANDER: Yes,
sir.

THE CHAIRMAN: Delegate Case, do
you yield for a question?

DELEGATE CASE: Yes, sir.

THE CHAIRMAN: Delegate Freed-
lander.

DELEGATE FREEDLANDER: Is it
possible that the popularly elected repre-
sentatives of the people could be popularly
elected to county commissions or city coun-
cils and yet not be popularly elected to the
intergovernmental authority, but be repre-
sented upon the board of the intergovern-
mental authority by the elected represen-
tatives of another governmental unit?

THE CHAIRMAN: Delegate Case.

DELEGATE CASE: The amendment
says "unless the intergovernmental au-
thority is governed by elected representa-
tives of the people."

Now, it would seem to me that they
would have to be elected as governors of
that board. That is what the language says
to me.

THE CHAIRMAN: Delegate Case, may
the Chair inquire, I direct your attention

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 832   View pdf image (33K)
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