Evening star., 1962-05-25
MARYLAND
Continued From Page Al

~@N~~@~~~~ = ~AAA . 80 -
stitution which sets up the
membership of the House. He
said, however, that the makeup
Of the State Senate, which also
is rurally controlled, is all
right.
The Maryland Committee for
Fair Representation, which
filed the suit that led to Judge
Duckett's ruling, plans an i'm
mediate appeal of the decision
on the Senate. The committee
wants both houses of the As
sembly reapportioned.
It seems unlikely, though,
that the appeal will be heard
in time to have any effect on
the special session now under
way.
First to Act
The Maryland Assembly is the
first to get down to the busi-
ness Of reapportioning legiSla-
tive seats since the Supreme
Courts historic March 26 rul-
ing in a Tennessee case. The
Supreme Court held that the
courts have jurisdiction to de-
termine whether voter rights
are being violated in the make
up of State Legislatures.
In the Maryland case, Judge
Duckett held that there is "in-
vidious discrimination" against
suburban voters in three coun-
ties in the makeup of the House
of Delegates.
In a surprise twist, the Judge
ruled that there is no invidious
discrimination against voters
Of Baltimore City and Anne
Arundel County, the fourth
suburban county. He said the
representation of these two
areas bears a reasonable re-
lationship to their population.
The Committee for Fair
Representation had grouped
the four suburban counties and
Baltimore together in their pro-
test.
Whether the ruling as it
applies to the city and Anne
Arundel will have any effect
on the reapportionment legis-
lation is not known. The ad-
ministration's bill provides for
giving more delegates tempo
rarily to the city and per-
manently to Anne Arundel.
On the Senate, Judge Duckett
had this to say;
Il feel that one of the houses
can be constitutionally based
upon area and geographical
location regardless of popula-
ton or eligible voters. Such
an arrangement protects the
minorities. 1t prevents hasty,
although popular. legislation at
the time.
1T is based upon history and
reason and helps to protect
the republican form Of govern
ment guaranteed to the States
by the United States Con-
stitution. 1t preserves the
checks and balances in the
State government which has
worked so well under the Fed
eral. Moreover, there would be
little advantage in having a
bicameral legislature if the
composition and qualifications
Of the members were similar"
He said, however, that he is
not making final determine
ton on the constitutionality Of
the provision in the Maryland
constitution which sets up the |
Senate alignment. He told re-
porters he reserved the right
to amplify or amend his ruling
If a higher court rules that
State senates should be based
on population.
Retains Jurisdiction
The Judge warned State Off
cials that he Is retaining juris-
diction over the case to see
that q reapportionment of the
House Of Delegates Is forth
coming. If the General Assem-
bly, refuses to reapportion, the
judge could take further
action.
This difficult question is now
up to the members of the Leg
islature, who are expected to
rise above their personal or
local views and enact legisla-
ton beneficial to the welfare of
our State as a WHOLE" Judge
Duckett said.
The administrations pro-
posal would provide for imme-
date enlargement of the House
from 1913 members to 142. The
additional seats would be dis
tributed as follows: four each
to Montgomery and Prince
Georges, seven to Baltimore
County, one to Anne Arundel
and three to Baltimore City.
!, Further, it would set up a
permanent plan under which
the membership would drop
back to 1913 in 1865. The four
suburban counties would re-
tain their increased member
ship, but then it would be at
the expense of the rural coun-
ties, which would lose Dele
gates. Baltimore City also
would lose three Delegates
under the permanent plan un-
less the city revised its six leg
islative districts to equalize
population among them.
The administration bill was
drawn with the help of the
Committee for Fair Represen-
tation, particularly Royce Han
son, committee president.
!, Senator Malkus declared that
the Hanson bill would ruin
the State-the longer you look
at it the worse it gets"
"We (the Eastern Shore) may
as well get out of the State Of
Maryland if that bill goes
through; in fact I would hope
that we could" he said.
Senator Malkus' bill woulc
provide Is new seats immedi-