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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 664   View pdf image (33K)
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664 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 10]
to see the cause for all this fear. This is
clearly a matter that is discussing only
acts of the General Assembly. The present
Constitution has a number of provisions in
those parts of the Constitution dealing with
local government where it permits the
referendum to be used for acts of certain
types of local governments. It would seem
to me that there is no reason why the gen-
eral powers that may be given to local
governments cannot include referendum, no
reason to believe in view of the colloquy
that we have had that Section I in S&E-1,
with my perfecting amendment, would in
any way restrict the grant of power to the
various local governments. At the same
time, however, I think that it would make
clear that there is no amorphous power
lying about to petition referenda, to refer-
endum things other than legislative acts,
such as executive orders or decisions of
minor officials, which might otherwise be
construed as coming within some general
referendum power. Consequently, I think
that this perfecting amendment will ac-
complish the purposes for which it was of-
fered. and will not create the dangers that
have been spoken of.
THE CHAIRMAN: Delegate Koss, will
you yield to a question from Delegate
Mason?
DELEGATE KOSS: Yes.
THE CHAIRMAN: Delegate Mason.
DELEGATE MASON: Delegate Koss,
did you say that you do approve this
amendment of Delegate Chabot?
THE CHAIRMAN: Delegate Koss.
DELEGATE KOSS: I said l had no ob-
jection, and if he will clarify it as he has
done, I would accept it.
THE CHAIRMAN: Does any delegate
desire to speak in opposition to Amendment
No. 2? Delegate Wheatley.
DELEGATE WHEATLEY: Mr. Chair-
man, I desire to ask a question of the
Chairman. I will yield for debate prior to
that.
THE CHAIRMAN: Delegate Child, do
you desire to speak in opposition?
DELEGATE CHILD: Mr. Chairman, I
really see this matter this way: if we leave
the article as written, the people reserve
unto themselves the power of referendum.
We have it. If we need it for anything other
than we have put in in the succeeding para-
graphs of this section, we can put it in
there. If we limit it to those sections when
we need it for local government or some-
thing else, it would be reversed as set forth
in this amendment.
THE CHAIRMAN: Delegate Wheatley.
DELEGATE WHEATLEY: I had a
question either for the Chairman or the
proponent of the amendment. In inter-
preting his remarks—
THE CHAIRMAN: Just a second; Dele-
gate Chabot, do you yield for a question?
DELEGATE CHABOT: Yes.
THE CHAIRMAN: Delegate Wheatley.
DELEGATE WHEATLEY: As set forth
in this article, it seems to me the words in
this constitution would be the broader con-
stitution to which he would speak.
THE CHAIRMAN: Delegate Chabot.
DELEGATE CHABOT: As I indicated
before, I believe the appropriate place for
taking care of referenda of laws passed by
local governments is in those parts of the
constitution dealing with local govern-
ments. This part of the constitution deals
with statewide actions.
THE CHAIRMAN: Delegate Wheatley.
DELEGATE WHEATLEY: Would
Delegate Chabot yield for a further ques-
tion?
THE CHAIRMAN: Delegate Chabot.
DELEGATE CHABOT: Yes, sir.
DELEGATE WHEATLEY: In inter-
preting this section, it would seem to me
this is a broader section than just state
law, and it seems to me that we would be
talking about anything that would come
under the superseding power of local gov-
ernments in the entire State. I just cannot
see how, unless we provide in separate arti-
cles another referendum section, which to
me seems a little laborious; it would seem
to me we are just duplicating our work.
THE CHAIRMAN: Delegate Chabot.
DELEGATE CHABOT: I must confess
to being a bit confused about this. I am
not suggesting that the procedures that we
have set forth here—time limits and every-
thing else—must be applicable to the en-
actments of every local government. It
would seem quite appropriate that either
the General Assembly or this constitution
or the local governments themselves might
set different percentages, different time
limits and different procedures, and I do


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 664   View pdf image (33K)
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