Evening star., 1942-12-30
Council 0. KS
|14Measures
For Maryland
Decision Due Today
On Controversial
War Powers Bill
By the Associated Press.

W
By the Associated Press.
BALTIMORE, Dec. 30.-The Leg
islative Council, in executive ses-
sion late last night, approved all
but of the II proposals made by
the Governors War Emergency Leg
islation Committee of the Maryland
Council Of Defense, one of the ex-
ceptions being the controversial war
council bill.
This bill would vest in Gov.
O'Conor and war council to be-
appointed by him, the authority to
suspend statutes considered detri-
mental to the war effort.
The measure was not even dis
cussed at the executive session be-
cause several council members were
absent and decision on it was post
poned until today, DR.. Horace Flack,
council secretary, announced.
Two Not Discussed.
The other two bills not accepted
also failed to come up for discus
sion. They were:
The proposed amendment which
would authorize the State Roads
Commission, during the period Of
the present war, to construct any,
highway, or do any other work. the
cost OF which was estimated to
exceed $1,000, without the necessity
Of competitive bids, within certain
restrictions.
The Comprehensive Transporta.
ton Act, the primary purpose Of
which was described by proponents
to be the facilitation of movement
of persons and property in, into and
through the State
Earlier in the day proposals other
than the war council bill had met
tentative approval from the council.
Kimbel Heads Opposition.
Senator Robert Kimble, Republic
can, of Allegany led the councils
opposition to the war council bill
earlier in the day, charging that the
proposal would nullify the peoples
legislative rights and in turn place
the States operation, both military
and civil, directly in the hands of a
few officials.
Mr.. Kimbel asserted that the
measure had many good points. but
added that if it were approved by
the General Assembly the people
would have no check upon the &C
ton of the Governor and war coun-
Gil. since the constitution requires
that the Legislature meet every two
years and when called by the
Governor.
The Allegany Senator said that the
F, Legislature could be convened, in
case Of a serious emergency, almost
! as rapidly as could a war council.
He added that 1t would be good
idea to buy the Governor crown"
if the bill passed the legislature.
w. Frank Roberts, chairman OF
the Maryland Council of Defense,
admitted that the committee failed
to consider the point about the con-
stitutional requirement regarding
the convening of the Legislature.
Gen. Reckord in Favor.
Mr.. Roberts then proposed that
some provision be made to allow
the lawmakers to meet in the in
terim, but the constitutionality Of
such provision was quickly ques-
toned.
Maj. Gen. Milton A. Rockford,
commanding officer of the Sd Service
Command, spoke for the plan and
urged the council to give it full
consideration before reaching a con-
clusion
He added that the plan would al
low greater State participation in
the war effort and possibly avoid
stringent military laws if and when
an emergency arises.
Walsh Backs Plan.
Senator Frank Flynn of the 5th
district of Baltimore City expressed
his views thus:
The whole question revolves
around the question of whether or
not We want to invest law-revoking
authority in appointed officials-who
are not responsible to the electorate,
in preference to duly elected offi-
cials-who are responsible to the
people"
The views of Attorney General
William G.. Walsh were expressed
in statement by Hall Hammond,
deputy attorney general.
Mr.. Walsh said: 1T should be un.
derstood that the entire act is a war
emergency measure and that its
existence is specifically limited to
the duration Of the war and for a
period OF six months thereafter.
Proposal Termed Sound.
ut should also be remembered
that the exercise Of the power to
take property without first paying
for 1t and to amend or modify exist
ing laws, is specifically limited to
cases where such action is deemed
by the Governor and the War Coun-
Gil to be necessady or advisable in
the prosecution of the war or the
presentations Of the safety Of the
State or its people In some situ-
alton growing out Of or connected
with the war"
Mr.. Walsh said the proposal at
first seemed Startling" but added
that further reflection and a years
experience in the office of attorney
general during this war has con-
vinced me that the proposal, with
proper safeguards, is sound"
He added that this department
had twisted" several laws to con-
form with Federal requests.