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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 569   View pdf image (33K)
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38

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MR. ASPER: I must ask this question, based

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on your reference to Article 41. The Maryland Court of

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Appeals has held repeatedly that Article Al does not

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apply to monopolies, it only applies to monopolies

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granted by the State, and it has been there since 1776,

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and it reflects the old statute of monopolies in England

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of 300 years before. Are you suggesting that perhaps

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what we need in the Declaration of Rights is a stronger

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provision or different kind of provision, providing a

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statement against private monopolies?

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MR. BURGESS: If you read the three books,

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Osgood's .History of the Colonies, I think you will get

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some of the reason why this grew out and came out in

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1776, and I will admit it has been about twenty years

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since I read those three volumes, but monopolies were

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nothing new to the British people and certainly were

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nothing new to the American people. As a matter of

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fact, the colonies were even throttled through monopolies

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that were set up in England. All of the trading com-

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panies were monopolies chartered by the English govern-

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ment and they controlled in the early days the lives of



 

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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 569   View pdf image (33K)
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