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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1456   View pdf image (33K)
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1456 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 30]

ernor or to the governor, we have really
created a two-headed monster here.

The difficulty that I see lies not so much
in the question as to the possibility of a
veto, but in the first sentence here, which
says that there shall be a lieutenant gov-
ernor to perform such duties as may be
prescribed by law and such other duties as
may be delegated to him by the governor.
It seems to me that puts the cart before
the horse.

What we are creating this office for is to
provide the governor with an assistant who
may help him in the performance of his
duties, and that is the primary thing, and
that the legislature would naturally have
the power to assign such other duties of
an incidental character as they may desire,
like sitting on boards or something like
that.

The primary thing is for the governor to
select which powers or duties should be
exercised by one or the other. If that is the
primary concern, then that disturbs me
very much, because I do not think that is
what this Convention has approved or
wants to approve.

THE CHAIRMAN: Delegate Storm.

DELEGATE STORM: Mr. Chairman,
when this was in Committee, I really had
a fairly narrow definition for duties, some-
what like the WEBSTER'S DICTIONARY, and
I have been sincerely worried about this. I
know a lot of folks thought I was joking
but I really have been concerned about it
and I was wondering if perhaps our Com-
mittee might reconsider this particular sec-
tion a little in our own meeting, because I
am afraid it does open the way up for un-
expected action by the Legislature. There
are so many questions raised with the in-
terchange of the words "powers" and "du-
ties" and in the majority commentary that
I wish we had it back in Committee so we
could discuss a little more thoroughly and
maybe define exactly the fields that could
or could not be delegated.

THE CHAIRMAN: Delegate Storm, the
Committee of the Whole cannot refer it
back to the Committee. This may be unfor-
tunate in this particular situation. It may
be possible to have the Committee members
consider it in a corner somewhat.

Delegate Morgan.

DELEGATE MORGAN: Mr. President,
I was going to make somewhat the same
suggestion and suggest that we defer con-
sideration of this matter until after the

luncheon recess, and that will give the
Committee an opportunity to meet.

THE CHAIRMAN: I think we could do
this. We could pass the section and con-
tinue on with the consideration of the sec-
tion and not act on it before the luncheon
recess to give the Committee an opportunity
to talk at that time, and then come back
to it.

Delegate Morgan.

DELEGATE MORGAN: I ask unani-
mous consent that that be done, Mr. Chair-
man.

THE CHAIRMAN: I do not think we
need to take consent. We can see where we
are at recess.

May the Chair, since the discussion has
taken this turn, echo the same concern that
I think Delegate Henderson was echoing,
and indicate that there is considerable
doubt as to the position expressed by Dele-
gate Clagett in view of the specific lan-
guage of sections 4. 18, 4. 19, 4. 20 and fol-
lowing, which does indeed give the legis-
lature very broad powers with respect to
the executive branch.

I merely mention that so it would be in
the Committee's mind.

Delegate Chabot, in view of the sugges-
tion that has been made, would you be
willing to withdraw your amendment from
consideration now, with the assurance from
the Chair that you will have the opportu-
nity to offer it again when section 4. 03 is
under consideration?

DELEGATE CHABOT: Mr. Chairman,
I rose to do just that. Of course, I will
agree.

THE CHAIRMAN: All right. Let the
amendment retain its number, 12. It is
withdrawn at the present time. It will be
offered again later.

While we have this pause, it gives the
Chair pleasure to announce that there is
in the gallery at the present time a group
of students from the eighth and ninth
grades of School 130 in Baltimore City, ac-
companied by Mrs. Neverdon, Mrs. Hurley
and Mr. Hatch, their teachers. Delighted to
have them with us.

Delegate Willis.

DELEGATE WILLIS: Mr. Chairman,
ladies and gentlemen, I would like to pre-
sent to you 26 students of the senior class
of the Edgewood High School, Harford
County, who have been visiting us on this



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1456   View pdf image (33K)
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