Evening star., 1962-04-28
Tawes 10 Tell
Plans Todayon
AppOrtioning
Special Session
Expected After
May IS Primary
By PAUL HOPE
Star Staff Writer

Star Staff Writer
Gov. Tawes is expected to lay
the groundwork today for call
ing a special session of the
General Assembly to reappor-
ton Maryland legislative seats.
The Governor announced he
will hold a special press con-
ference at 4 pm. in Baltimore
to outline his position on re-
apportionment.
1t is expected the special
session will be held shortly
after the May Is primary elec-
tionS.
Moves were underway today
to lay the legal groundwork for
a special session.
The Governor and Maryland
Attorney General Thomas B.
Finan took the position that
further court action is neces-
sary before the session is called.
State officials believe this will
be done shortly.
Court Ruling Issued
The Maryland Court of APP
peals held Wednesday that ap-
portionment of General Assem-
bly, seats is a matter which the
Circuit Court has authority to
go into. The appeals court told
Circuit Judge o. Bowie Duck
EFT of Annapolis to determine
whether there is an "invidious
discrimination" in the Mary
land apportionment which gives
rural areas control of the Gen.
eral Assembly.
Mr.. Finan said that before a
special session is held, he be-
lieves it is necessary for Judge
Duckett to declare invalid the
existing Maryland constitu-
tional provisions which set up
the present alignment of legis-
lative seats.
Declaring these provisions
invalid. Mr.. Finan said would
leave the General Assembly in
a freer position to substitute
new apportionment legislation
in time for election of addition
al Assembly members in No
vember.
Attorney Alfred L. Scanlan,
who represents the Maryland
Committe for Fair Representa-
ton in the reapportionment
suit, said he has drafted some
legal papers to get further court
action in motion.
Judge Duckett said confer
ence has been arranged for 8
pm. next Friday in his office to
go over the reapportionment
matter with committee attor-
neys and representatives of the
attorney generals office.
1t is expected that the attor-
ney generals office will agree
that there is malapportionment
of Assembly seats. This would
clear the way for a quick ruling
from Judge Duckett.
The Committe for Fair Rep
resentation will press for reap
portionment of seats in both
the House of Delegates and the
State Senate. Representatives
of the attorney generals office
may argue, however, that only
the House should be reappor-
toned and that the Senate
should remain based on area
rather than population.
Delegate Shift Urged
Montgomery Delegate Alger
Y. Barbee, who played an ac-
tive role in the attempt to pass
reapportionment legislation at
the 1862 session of the General
Assembly, said he believes only
the House of Delegates should
be reapportioned.
He said he will introduce the
same bill which was worked
out by a legislative subcom-
mittee he headed at the 1862
session in February. That bill
passed the House of Delegates
but failed by a narrow margin
in the Senate.
There was strong reaction
to the appeals court decision
from the rural Eastern Shore,
which is the most heavily over
represented section in the Cen
eral Assembly from popula-
ton standpoint.
I'VE may as we'll abolish the
legislature" Senator Frederick
c. Malkus, Demo ocrat of
Dorchester. said.
"One branch of government
Is being usurped by another
The courts are taking over the
legislature.
Mr.. MalkuS is chairman of
the Senate judicial Proceed
ings Committee and was a
leader against the reappor-
tionment bill defeated in the
1862 General Assembly.
Senator Harry T. Phoebus,
Republican of Somerset, said:
THE courts have become a
dictator like Hitler in Germany.
We might as we'll not have a
legislature if they can upset
us like this"
1T would be foolish to call
a special session." said Delegate
James c. Latham, Democrat of
Talbot, chairman of the East
ern Shore delegation.
mo one is going to vote any
different now than they did
when the bill was defeated in
March,"