“Quintessential
February 11, 2008
Photo by Mrs. Owl
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20080211 “Quintessential
Kevin Earl Dayhoff Art One-half Banana Stems - www.kevindayhoff.com Address: PO Box 124, Westminster MD 21158 410-259-6403 kevindayhoff@gmail.com Runner, writer, artist, fire & police chaplain Mindless ramblings of a runner, journalist & artist: Travel, art, artists, authors, books, newspapers, media, writers and writing, journalists and journalism, reporters and reporting, technology, music, culture, opera... National & International politics www.kevindayhoff.net For community: www.kevindayhoff.org For art, technology, writing, & travel: www.kevindayhoff.com
“Quintessential
February 11, 2008
Photo by Mrs. Owl
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20080211 “Quintessential
WYPR:
Rosencrantz and Guildenstern are Dead
http://www.wypr.org/MD_MORNING.html
Friday, February 8, 2008
J. Wynn Rousuck reviews Tom Stoppard's play, at Centerstage in
External Link: http://www.centerstage.org/index.php
20080208 WYPR: Maryland Morning with Sheilah Kast - Wynn Rousuck reviews Rosencrantz and Guilderstern are Dead at Centerstage
One must have priorities.
February 9th, 2008
See also: 20070810 what does YOUR fridge say about YOU? and Aunt Betty
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20080209 Aunt Betty’s refrigerator in Key West
“Traveling with Mr. Moose” and “Leaving
Daily Photoblog
February 7th, 2008
20080207 “Traveling with Mr. Moose” and “Leaving Orlando Airport”
The Law of the Garbage Truck.
February 5, 2008
Hat Tip: Analog
I received this in an e-mail and found it worthy of passing along:
How often do you let other people change your mood? Do you let a bad driver, rude waiter, curt boss, or an insensitive employee ruin your day? Unless you're the Terminator, for an instant you're probably set back on your heels.
However, the mark of a successful person is how quickly she/he can get back her/his focus on what's important.
Five years ago I learned this lesson in the back of a taxicab in
Here's what happened: I hopped in a taxi and we took off for the airport. We were driving in the right lane when suddenly a black car jumped out of a parking space right in front of us.
My taxi driver slammed on his breaks, skidded, and missed the other car by just inches!
The driver of the other car whipped his head around and started yelling at us.
My taxi driver just smiled and waved at the guy. And, I mean, he was really friendly.
So I asked, 'Why did you just do that? This guy almost ruined your car and sent us to the hospital.'
This is when my taxi driver taught me what I now call, 'The Law of the Garbage Truck.'
He explained that many people are like garbage trucks.
They run around full of garbage, full of frustration, full of anger, and full of disappointment. As their garbage piles up, they need a place to dump it and some times they'll dump it on you.
Don't take it personally.
Just smile, wave, wish them well, and move on. Don't take their garbage and spread it to other people at work, at home, or on the streets.
The bottom line is that successful people do not let garbage trucks take over their day.
Life's too short to wake up in the morning with regrets, so...
Love the people who treat you right. Pray for the ones who don't.
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20080205 The Law of the Garbage Truck
Monday, January 21 We can't understand the kids, but in this case it's a good thing
MOM ON A MISSION
Sometimes my children say things in Spanish. It catches me off guard and (I must admit) I have no idea what they're saying. They were chanting something recently and it occurred to me that they got it from "Dora the Explorer."
This is what I get for letting them watch television...
[Read full story]
Reaching Out
The
Beginning in April the museum hosts numerous group and school tours and by May the museum is open to the public on weekends, and special event...
[Read full story]
Golden oldies at the golden arches
COMMUNITY SPIRITS
The house is already jumping when Fred Ehrlich starts blasting some
Singers, one in a tuxedo, another channeling Dean Martin, a third looking like Elvis Presley, start belting out lyrics.
A line of ladies who arrived ...
[Read full story]
It's something akin to a rock concert on Saturday evenings at the
The lights inside the Shipley Arena flash and dim, the loud music echoes over the loudspeakers and boisterous fans, some screaming with excitement, rise from the bleachers.
[Read full story]
January 13, 2008: For 115 years, Westminster's band of brothers ... and sisters EAGLE ARCHIVE by
Just before the holidays, I had the pleasure of attending the Westminster Municipal Band's end-of-year Christmas party and annual meeting.
The roots of the Westminster Municipal Band are found in 1920, but according to director Sandy Miller in a July 2004 interview, "there are reco...
[Read full story]
More Headlines Education Notes
Beasts and Birthdays
Westminster businesses throw the books at Baltimore middle school
Stair steps in to assist Marriage Resource Center
Snowfall carried friendship, not isolation, in rural Carroll
December 23, 2007: Shedding a little light on early Christmas tree decorations EAGLE ARCHIVE by
Roll out the yule log ... all the way to the yard
News Briefs
Movie Capsules CE
Mama knows best at the newest Belisimo's
In New Windsor, Santa always comes to town
'Claus' for adoption in Mount Airy
After Christmas, resolve to ring in the New Year as a family
Setting some ground rules before it becomes 'game over'
Memories, and hope, are evergreen at Carroll Hospice
Holiday trains pull into Sykesville, Mount Airy and Pleasant Valley
Going, going ... but not GONE
Garden grows with a spirit of Christmas
December 16, 2007: Christmas reminds us of worry, and glory, of downtown business EAGLE ARCHIVE by
Bundle up and keep worm for the holidays
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The Sunday Carroll Eagle: October 28, 2007 - On October 28th, 2007 the publication for which I write, The Westminster Eagle and The Eldersburg Eagle, (which is published by Patuxent Newspapers and owned by Baltimore Sun); took over the Carroll County section of the Baltimore Sun.
“The Sunday Carroll Eagle ” is inserted into the newspaper for distribution in
Mr. Jim Joyner, Editor, The
(410) 386-0334 ext. 5004
Jjoyner AT Patuxent DOT com
For more posts on “Soundtrack” click on: Sunday Carroll Eagle
http://kevindayhoff.blogspot.com/search/label/Sunday%20Carroll%20Eagle
20071028 The Sunday Carroll Eagle introduction
http://kevindayhoff.blogspot.com/2007/10/20071028-sunday-carroll-eagle.html
Also see: Monday, October 22, 2007: 20071021 Baltimore Sun: “To our readers”
http://kevindayhoff.blogspot.com/2007/10/20071021-baltimore-sun-to-our-readers.html
Code addition will set stage for police force
01/18/08
The (
The hearing will be at 10 a.m. on Thursday, Jan. 31, in Room 003 of the
The proposed chapter specifies the procedure the board must follow to appoint a chief and what the chief's powers and responsibilities will be. It also stipulates duties that county officers will have.
01/11/08 by Kevin E. Dayhoff
EAGLE ARCHIVE
Below please find the long – unedited version of the column…
Just before the holidays got into full swing, I had the pleasure of attending the Westminster Municipal Band’s end of the year Christmas party and annual meeting.
It is certainly not a very well kept secret that this former Westminster Mayor and his family are madly in love with the Westminster Municipal Band. And it's not just because I'm a washed-up trumpet player.
Usually when one thinks of the Westminster Municipal Band, visions of “Mom, Country, and Apple Pie” come to mind.
The purpose of leadership today is to build community. Certainly one of the chief builders of our community has been the Westminster Municipal Band.
However, the rich history of the band includes being part of rapid deployment force to hotspots around the globe, a machine gun section, and a rumored reputation of being a heavy metal grudge-garage band. Who knew?
If a Greek mythologist were to write the history of the Westminster Municipal Band, they would write the Band's Mother is the history and tradition of the Westminster Community and the Father is the 29th Division National Guard Regimental Band. That Greek mythologist would also want to write that the band's ancestral home is
The roots of the present Westminster Municipal Band are found in 1920, but “there are records of a Westminster Band dating back as far as 1860,” according to the band’s director, Sandy Miller, in a July 2004 interview.
However, to the best of our knowledge, it was 1893 when it was first incorporated as the Westminster City Band of Carroll County.
It was around this time that Company H First Infantry Maryland National Guard was organized in Frizzleburg in 1898. This unit later evolved into the famous 29th Division of the Maryland National Guard. Part of the Westminster Municipal Band's lineage can be traced back to the First Maryland Infantry Band consisting of the Westminster Units of the Maryland National Guard.
Around 1900, there were a number of bands in the
Between 1857 and 1952 there were 40 bands incorporated in
Ms. Miller explained that in 1916, “many members of the band went into the Maryland National Guard under the heading ‘First Regimental Band of Maryland National Guard,” and shortly after that they were deployed to the Mexican border to participate in an undeclared war between the
United States Army Center of Military History officially refers to the conflict as the “Mexican Expedition,” with the “official” beginning and ending dates of March 14, 1916 to February 7, 1917.
In 1918, the band was deployed to
At the event last December, there was no mention as to whether or not the Westminster Band still maintains a “rapid deployment” force. If anyone has that information, please be in touch.
According to a November 18, 1921 newspaper article, the Westminster Band led the community in a parade and subsequent daylong celebration of “Armistice Day.” The festivities included Western Maryland College Military students and Westminster Fire Department and machine gun demonstration on
The article says, “A demonstration was given with machine guns on
To the best of my knowledge, the current band does not have a “machine gun” section. Or do they?
At last December’s event, Westminster Band president Greg Wantz gave an extensive year in review in which he noted that several members of the Westminster Common Council were in attendance and Mayor Ferguson shared a few words of appreciation.
President Wantz said the band participated in 32 engagements in 2007 with an average of 38 members participating in each event. Years of Service awards were handed out to several band members, including Karen Wantz for 5 years, Rob Rollins for 20, Charlie Simpson for 25, Ron Charnigo and Jim Mora for 30, and Ray Shipley and Delbert Myerly for 45.
The President’s top ten awards were given to the members that attended the most jobs and they were as follows, making 42 total appearances – Dan Carl. Dan received a gift certificate from Harry’s Main Street Grill. Also making 42 – Sue Mora, who received a certificate from Frisco Pub.
Making 44 – Eric Utermahlen, who received a certificate from Applebee’s.
Coming in at #8, with 44, it was Bette Shepherd, who received a certificate from Frisco Pub.
#7 with 45 appearances, it was Mike Buffington, who received a certificate from Stu’s Music.
# 6 was Chris Crofoot with 45 appearances. He received a certificate from Rafael’s.
# 5 was Mike McQuay with 50 appearances. Mike received a certificate from Applebee’s.
#4 was Brandy Simpson with 51 appearances. She received a certificate from House of Liquors. #3 was Tony LaRose making 52 appearances. Tony received a certificate from Time Out sports grille.
#2 was Larry Myers with 53 appearances. Larry received a certificate from Bullock’s Beef house.
#1 was Dave Miller making 56 appearances. Dave received a certificate from Baugher’s restaurant. The #1 Color Guard attendee was Raymond Bankert, who received a certificate from Davids Jewelers.
The officers for the 2008-09 were introduced and they are as follows, President - Greg Wantz, Vice President – Scott Flohr, Secretary – Chris Crofoot, Asst. Secretary – Mike Buffington, Treasurer – Delbert Myerly, Asst. Treasurer – Larry Myers, Director – Sandy Miller, Asst. Directors – Ellen Martin and Paul Ricci, Drum Major – Steve Wantz, Asst. Drum Majors – Dave Miller, Scott Flohr.
The band serves as an ambassador of the citizens of
A lengthy July 17, 1931 newspaper article describes the band and the Westminster Fire Department arriving home from participating in the convention earlier that July; “in a jubilant mood, as the band brought home the bacon, $100, for the best band in line of parade.”
The parade extended over 2 miles long that year. The band also gave concerts on the boardwalk and at the Del-Mar-Va Hotel and Hastings Hotel. The article also mentions “a pajama parade by the Westminster Band at 11 o'clock at night which was followed by several hundred people cheering as they passed down the board walk.”
A February 15, 1946 newspaper article gives us a great deal of insight into the names of many of the community leaders who participated in the band in the mid-1900s with its detailed description of the band holding its “first ladies' night since the war.”
At the time, John Schweigart was the director of the band. Other names mentioned are James Earp, John W. Peltz, J. Daniel Smith, Orville Earhart, Samuel P. Calrider, Walter Bell, Raymond H. Bennighof, Glenn A. Miller and Edgar Weigle, Francis Keefer, and J. Pearre Wantz, Jr.
For over 100 years the Westminster Municipal Band has truly been a part of the fabric of our close-knit village we call
Indeed,
In order for a community an individual or an organization to remain meaningful, relevant and vibrant it must constantly re-invent itself and adapt to the context in which it serves. Hardly any organization in our community epitomizes this more than the Westminster Band. They are certainly the pride of our community. We are very proud of the Westminster Municipal Band.
The Westminster Municipal Band is always looking for new members to join during its Monday night rehearsals at
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E-mail him at: kdayhoff AT carr.org or kevindayhoff AT gmail.com
His columns and articles appear in The Tentacle - www.thetentacle.com; Westminster Eagle Opinion; www.thewestminstereagle.com, Winchester Report and The Sunday Carroll Eagle – in the Sunday Carroll County section of the Baltimore Sun. Get Westminster Eagle RSS Feed
01/18/08 By Kevin E. Dayhoff
American civil rights leader Dr. Martin Luther King Jr., wrote in a book, "Strength to Love," published in 1963:
"Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that. Hate multiplies hate, violence multiplies violence and toughness multiplies toughness in a descending spiral of destruction. ..."
Those words are as enduring today as when written 45 years ago.
The year 1963 was a long time ago and we, as a society, have come along way toward social justice since the days of legally-sanctioned segregation.
And yet we must be constantly vigilant, as new challenges are always on the horizon.
This is especially true today as our nation continues to wallow in a political tar pit like some bellowing mastodon with a hangover. It seems these days that all issues of community, race relations, the environment and public policy quickly deteriorate into a "red versus blue" coarsening of dialogue promoted by a lack of humanity and the intellectually challenged.
Here's a well-kept secret for you -- the red versus blue thing isn't real, except as promoted by pundits and cable television stations that wish to have their way with you.
Leadership is about bringing folks together -- not promoting division.
We could use a few national leaders like Dr. King these days and it's only appropriate that we set aside time every year to attempt to reacquaint ourselves with the practice of solving our problems by cultivating nonviolence and compassion.
Because I haven't taken enough abuse recently, I'll venture to share my view that the recent discussion about Taneytown not being a "
Please re-read the first two paragraphs.
The resolution of Taneytown is a stick in the eye for those of us who are trying to promote
It does little, if nothing, to address the problems of illegal immigration.
The societal and economic cost of illegal immigration is certainly a fair discussion. I mean, what part of illegal is not understood?
Nevertheless, the overall solution needs to occur in Congress, a body politic that, unfortunately, gives new meaning to "pathological dysfunctia."
Furthermore, the resolution coming at a time of the year when we celebrate Dr. King could not be more ironic.
Take a memo: xenophobia as an approach to solving complicated immigration problems is interesting in the way a septic truck running off the road, through your front flower bed and ending up on your front porch is interesting.
The resulting rhetoric, gnashing of teeth and collective hand-wringing only promotes myths and misinformation that distort meaningful debate and mute the questions that demand carefully thought-out solutions.
At this point, the only "sanctuary" I'm interested in is a sanctuary from stories like this one that will only go down as indictments of community leaders who have spent years offering solutions in search of a problem in an attempt to gain political advantage by populism.
This year we commemorate the life and work of Dr. King on Jan. 21, but he was born in
Much of our community will come together to celebrate him this Saturday when the Carroll County NAACP will hold the fifth annual Dr. Martin Luther King Jr. Breakfast at Martin's Westminster at 8 a.m. (If you'd like to go, call the NAACP office at 410-751-7667.)
Meanwhile, what I really wanted to write about is a persistent and perennial question from many young readers and new folks in our community:
"Who was Robert Moton?"
If you have any memories about the old
Considering how angry and passionate folks are about the sanctuary city discussion, my next column may very well be written from an undisclosed location.
Hopefully it is a place that serves grits and has a good stereo system so that I can play Led Zeppelin's remake of Kansas Joe McCoy and Memphis Minnie's "When the Levee Breaks."
Anybody know what that song has to do with Robert Moton?
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Courthouse history seems to match theatrical flair of current case
The eyes of
This, of course, is the historic constitutional test case pertaining to alleged constitutional and procedural irregularities i...
[Read full story]
Something we really must talk about
On Christmas Eve, while many friends and families were preparing to get together and celebrate the holidays, the friends, colleagues and loved ones of Smithsburg police officer Christopher Nicholson, 25, gathered to bury him.
On Dec. 19, Officer Nicholson and the stranger he tried to help, Alison ...
[Read full story]
Posted January 17, 2008
01/09/08 By Bob Allen
|
Bill would create four districts, one at-large
The latest proposal to expand the Board of
The at-large commissioner would serve as president of the Board of Commissioners.
Under the plan, Carroll voters would vote for two commissioner candidates, one running in their district and one at-large.
On the eve of the General Assembly opening in
"Last (time) a lot of people felt the (commissioner) districts should align with state legislative districts," Elliott said. "This time, that has been done to the extent that it could be done."
The failed proposal also differed in that it called for five commissioners, all elected by district. That's what voters selected in a 2004 referendum.
Elliott said his four-district plan is a compromise that carves out districts as equitably as possible, based on population, a per capita balance between registered Republicans, Democrats and independents and geography.
"The bottom line is, we are trying to make a compromise with this," Elliott said. "I feel very strongly that with this county growing the way it is, a change in governance is in order."
Skeptics have said the new proposal should not go forward because it differs from the five-district plan chosen in the 2004 referendum -- and as a result may eventually be overturned in court.
Elliott says his proposal does not need to go to referendum and is on solid legal ground.
"We're not violating the public's wishes," he said. "We have checked with the Attorney General's office and we have a written opinion from them that this is not in violation of the referendum and that we are not doing anything illegal.
"For some of these people (who oppose his plan), they are using that (argument) as a way to try to kill this bill, as in the past," he added. "There are still people who want three commissioners and others who still want five at-large commissioners.
Janet Jump, former president of the Board of Elections who also served on the committee that drew up the initial districting plan, likes Elliott's revised plan and thinks a commissioner-by-district system is long overdue.
"Carroll County is very diverse; South Carroll is a world away from North Carroll," Jump said. "These (sectional) differences deserve to be honored and recognized in running the county government, and the present system doesn't do this."
"I think creating districts is the only way we can recognize these differences," she said.
Elliott said his plan is modeled after
"I've talked to people in
The new five-commissioner plan has been submitted to members of Carroll's delegation to
"If approved by the delegation, it will be dropped in the hopper and be voted on by the Maryland General Assembly," he said. "Hopefully this time we have bipartisan support we need."
The public hearing on the proposed five-commissioner plan and other local bills proposed for the 2008 General Assembly is scheduled for 9 a.m. to noon, Saturday, Jan. 19, in Room 003 of the County Office Building, 225 N. Center St., Westminster.
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Carroll County Times columnist will be missed
Letters to the Editor for Wednesday, January 16, 2008
Editor:
I was sad to read in the Neighbors of Central Carroll section of the paper on January 11 that Ruth Seitler has discontinued her column for health reasons.
Seitler has delighted readers, historians and fellow writers for almost 20 years with her column, "Of Times Past."
Charles Caleb Colton wrote in 1825: "Our admiration of fine writing will always be in proportion to its real difficulty and its apparent ease."
Seitler always made fine writing look easy and many readers were delighted with her insights and experiences.
Her column was comforting, and comfortable, and best read curled up on the couch with a warm cup of tea and honey. She always gave her readers a break from the hecticness of today as she took us on a journey back to times past.
Her son, Jim Seitler wrote the last column in which he noted that his mom "loved writing (the) column every week. She would often read it to me and tell me about the letters or calls she had received from 'her readers.'"
He wrote poignantly: "As children we think that time stands still and as adults we realize that it moves faster than we want."
Ruth Seitler wrote for so many years that many of us took it for granted that she would write forever. Obviously, time moves faster than we want.
It was apparent that she loved writing, and as one of her many dedicated readers I loved reading her writing. Her column will be missed. Our hearts and prayers go out to her and her family. Thank you for sharing the last 20 years.
Westminster
http://www.carrollcountytimes.com/articles/2008/01/16/news/opinion/letters/letters762.txt
January 11, 2008
Will someone please tell my well-intentioned sister-in-law, that I am exercising? Blogging is hard work.
Can someone run to the frig and get me another Arizona Green Tea with ginseng and honey so that I may have my beauty and taste revived. I’m kinda exhausted over here…
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Ozzy brings us this week’s Thank Goodness It’s Friday
January 11, 2008
It’s been a long week. Turn up the volume and settle back and enjoy. Whatever inference to current events may very well be up to your imagination… “Your lips are so cold I don’t what else to say.”
Oh what the heck. A big thanks to Don Surber.
The light from Obama is a jolt of despair
He’s the first black candidate who has a prayer
Your levee of tears taught the people you might not come back
The Audacious Hope will bring another attack.
Your Billy told you that you’re not supposed to lose to strangers
Look in the mirror tell me do you think your life’s in danger here?
No more tears
Another vote passes and you lost big time
The deadline approacheth and you’re falling behind
You see Barack is gaining, will you lose the presidency?
You close your eyes as the pressure rises and you run out of money
No more tears
So now is it over? Will we just say good-bye?
I’d like to move on and make the most of the night
Maybe the Senate is not so bad a place
Your lips are so cold, what can you do to save face?
I never wanted it to end this way, before November
Believe me when I say the lesson is one to remember:
No more tears
Now play this and go back to work.
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Smigiel vs Franchot
January 7, 2008 by
I attended the hearing Friday, January 4th, 2008 in Carroll County Circuit Court for the oral arguments in the special session lawsuit: Case No.: 06-C-07-0496648: Michael D Smigiel Sr, et al vs Peter Franchot, et al., which seeks to invalidate the legislation passed in the Maryland General Assembly’s 22-day special session that ended November 19.
The plaintiffs in the suit are Senate Minority Leader David R. Brinkley (R-Dist. 4) of New Market; Senate Minority Whip Allan H. Kittleman (R-Dist. 9) of West Friendship; House Minority Leader Anthony J. O’Donnell (R-Dist. 29C) of Lusby; House Minority Whip Christopher Shank (R-Dist. 2B) of Hagerstown; Del. Michael D. Smigiel Jr., the House minority parliamentarian; and John Pardoe, the owner of Byte Right Support of Baltimore.
WJZ TV, Channel 13 in
20080104 WJZ video coverage of MD constitutional test
The suit filed on December 13 was lost in the shuffle for many as the regular season of the National Football League drew to a close; Baltimore Raven’s Coach Brian Billick joined the ranks of Maryland’s 3.5 percent unemployed; and many were getting ready for Christmas or Hanukah.
The Circuit Court case names as one of the defendants Maryland Comptroller Peter V. R. Franchot, who ironically was very vocal in opposition to the special session called by Maryland Governor Martin O’Malley on October 15.
Comptroller Franchot, scathingly wrote on October 23, in part, in his ongoing campaign for
In addition to Comptroller Franchot, the other defendants are the Department of Health and Mental Hygiene, the Maryland Health Care Commission, the Health Services Cost Review Commission, acting Secretary of State Dennis C. Schnepfe, the Maryland State Board of Elections, and the Carroll County Board of Elections.
The lawsuit alleges that the General Assembly did not follow constitutional procedure, and therefore, the sales tax, which was expanded to include computer services and the increases to the state’s sales, income, corporate, tobacco and vehicle-titling taxes are invalid:
House Bill 1, Chapter 2: Budget Reconciliation Act; Senate Bill 2, Chapter 3: Tax Reform Act of 2007; Senate Bill 3, Chapter 4: Maryland Education Trust Fund – Video Lottery Terminals; House Bill 4, Chapter 5: Video Lottery Terminals – Authorization and Limitations; House Bill 5, Chapter 6: Transportation and State Investment Act; and Senate Bill 6, Chapter 7: Working Families and Small Business Health Coverage Act.
If you have not had an opportunity to visit the courtroom on the second floor of the 1838 “Greek Revival” courthouse on Court Street in
I went to the hearing with an open mind, however, like many, in December I had my reservations about the strength of the case being brought forward by the plaintiffs when the suit was initially filed. Then as I got away from the coverage of the elite media and began to examine the primary source documents, I began to see the “there - there.”
Actually several dynamics turned me around on the plaintiff’s case. My initial analysis continued to change once the Attorney General’s office began to pitch a fit about deposing the chief clerk of the House of Delegates, Mary Monahan – who has a reputation as a straight-up person. It is my understanding from anecdotal accounts that she was perfectly willing to testify…
Then came the transcript of her testimony, which is a must read for anyone interested in the case.
Concurrently, there were the acidic public comments from some of the main players. For example, Senate President Thomas V. Mike Miller Jr. called the suit ‘‘bungled legal reasoning and frivolous,” according to Doug Tallman, writing for the Gazette.
The next shoe dropped when the
It was with that editorial that I realized that Maryland Democrats and the state had resigned themselves that the lawsuit was on firm legal footing as it was anticipated that they will lose. Please read the following excerpt. I did not make it up.
Yet even as the new rates settle in (changes to most, such as the income tax, are already in effect while the extra penny in the sales tax arrives tomorrow), a bit of uncertainty is still hovering in the air. That's because a lawsuit filed by Republicans seeking to undo the bills approved by the General Assembly during November's special session remains pending before the courts.
It's fair to oppose new taxes - although tax opponents are usually loath to own up to the adverse impacts of such a stance - but there's been ample opportunity to express dissent. There was plenty of debate in the House and Senate. Amendments were offered, some adopted and some not. Votes were taken. Ultimately, Gov. Martin O'Malley signed the various pieces of legislation into law - in front of witnesses, too.
But the lawsuit would seek to scrap all of it for the flimsiest of reasons. The entire case centers on an obscure provision in the state constitution that says lawmakers in one chamber cannot adjourn for more than three days without a vote of assent from those of the other.
Leave aside whether that happened or not in this instance; why is this even a requirement? Here's the historic context: It's meant to prevent members of the Senate or House of Delegates from leaving town before the government's business is done. That was never at issue in this case. It's much ado about nothing. Republicans might as well be litigating the stock of paper used for bills or the Senate's opening prayer.
Reread it. After one digests what the
As the hearing evolved, the mood of the room seemed to swing in the direction of Irwin Kramer, the Owings Mills attorney representing the plaintiffs, as he as he forcefully articulated his case.
Austin Schlick, head of the
The State’s case, on the other hand, seemed to falter on the law. The State’s presentation deteriorated and appeared disingenuous, if not circuitous, and ultimately began to fall back upon arrogance and politics – a point of which the judge seemed to have no tolerance. It was not Austin Schlick’s day.
At issue is whether or not the Senate obtained the appropriate consent of the House in order to adjourn for more than three days as required by Article III, Section 25.
Senate President Thomas V. Mike Miller Jr. told senators on November 9, they would return to work on Nov. 13; however, it was later decided that the Senate not reconvene until November 15.
As a result all the legislation that followed, in the 22-day session which mercifully ended on November 19, should be ruled legally invalid.
Many of us clearly recalled when Delegate Smigiel (R-Dist. 36) of Elkton rose on the House floor and brought the Senate’s six-day adjournment to the attention of the House Parliamentarian, Del. Kathleen M. Dumais.
Incredibly, the Parliamentarian promptly produced a letter from Assistant Attorney General Kathryn Rowe which said that the work of legislature could proceed. This, in spite of Article III, Section 25, which states clearly: “Neither House shall, without the consent of the other, adjourn for more than three days, at any one time, nor adjourn to any other place, than that in which the House shall be sitting, without the concurrent vote of two-thirds of the members present.”
The state hinged its argumentation on two points, one the legislature may make its own rules and pleaded that the consequences of ruling invalid the increases to the sales, income, corporate, tobacco, and vehicle titling taxes.
Mr. Irvin Kramer responded effectively that the legislatures’ own rules invalidate the subsequent bills enacted after the Maryland Senate took a five-day break, without the appropriate consent from the House.
Furthermore, as was revealed in the deposition of chief clerk of the House of Delegates; the consent never could have occurred because the delegates were never given a chance to debate the consent.
Perhaps now we understand why the Attorney General’s office tried so hard to prevent the chief clerk from being deposed…
At the hearing last Friday, Schlick repeatedly attempted to argue that nullifying the $1.5 billion in increased taxes would place the state in financial peril and cause “extraordinary harm.” The judge sustained Mr. Kramer’s objections to this testimony, not once but twice, saying that matter was not before the court.
Lost in the reporting on the lawsuit by the elite media is the focus of the second constitutional test which contests the General Assembly decision in HB 4, Chapter 5 (Exhibit P) and SB 3, Chapter 4 (Exhibit O), to refer the contentious issue of slots to referendum this coming November in violation of Article XVI, Section 2, of the Maryland constitution.
As an aside, editorializations by elected officials and the elite media “to let the voters decide the issue of slots,” has always been the source of amusement by those of us who have studied the Maryland Constitution. Yes, it’s a great idea. However, in
The plaintiff’s December 13 memorandum alleges that the legislation to refer the issue of slots to referendum was an effort “To avoid a lengthy and rancorous debate on slot machines, (in that) the Legislature attempted to shift their work on this controversial revenue plan to the public at large.”
“Though some issues may be referred to voters, the Constitution prohibits the referral of revenue and appropriations bills for maintaining the State Government or other public institutions.”
Article XVI, Section 2 of the
This latest lawsuit is yet another in a series of awkward interactions between
The “Wal-Mart bill” which violated the “Employee Retirement Income Security Act,” which governs worker health care plans, led the way. With more than ample case law to support the decision, it was quickly dispatched by a well-respected U. S. District Court judge, who easily understood that federal statute governs employee health care benefits.
Next, in August 2006, another highly respected member of the bench, Anne Arundel Circuit Court Judge Robert Silkworth struck down General Assembly’s (vote early and vote often) “early voting law. Duh, the Maryland Constitution says, in part: “… All general elections in this state shall be held on the Tuesday next after the first Monday in the month of November ...” No rocket science here.
One of the strongest judicial rebukes came on September 14, 2006, when the
Ay caramba. Memo to the Maryland General Assembly, when all else fails, read the constitution. Help is available by any first year law school student – or even a local Boy Scout getting his citizenship and government badge.
Meanwhile, the judge, of whom I have known for many years, is a straight arrow and known to be a
I’m not a lawyer, but I do have some insight into the Maryland Constitution, its history and the legislative rules and procedures involved. I walked out of the courthouse with a feeling that the plaintiff’s made their case – and the state did not.
As I wrote earlier in the comment section of He'll Rule the Wrong Way; after reading the Transcript of Deposition of Mary Monahan, Chief Clerk of the House of Delegates of Maryland; and the Memorandum in Support of Plaintiffs' Motions for Emergency Declaratory and Injunctive Relief; [www.kramerslaw.com/special_session.htm] and hearing the oral arguments last Friday; I will hypothecate that the Judge will rule in favor of the plaintiffs.
[Also, be sure to read “Lawsuit Conclusion,” posted Sunday, January 6, 2008 by David K. Kyle on “The Candid Truth.” Mr. Kyle has followed the lawsuit studiously. Click here: GOP Lawsuit, to view his excellent coverage.
Another blog post worthy of your time is, The Candid Truth - Lawsuit Conclusion posted by “Robert” on January 7, 2007 on Anne Arundel Maryland Politics.]
My hypothecation is that the ruling will narrowly confine itself strictly to the matters of law and will not get anywhere near legislating from the bench.
Furthermore, with the understanding that whatever is decided, it will be appealed, comes a greater burden for the Carroll County Circuit Court Judge. It will serve this judge well to concisely and definitively focus the matters of law before it so as to provide the higher courts the foundation with which to work.
This case is a constitutional test that will live in the judicial annals long into the future, and long after the politics of the day are forgotten. The decision at this level of the judiciary needs to be one of the best decisions this judge could possibly write. My guess is that he will not disappoint.
Ultimately, the case will be decided at the state’s highest court – where the Maryland General Assembly has not fared well in recent years.
E-mail him at: kdayhoff AT carr.org or kevindayhoff AT gmail.com
His columns and articles appear in The Tentacle - www.thetentacle.com; Westminster Eagle Opinion; www.thewestminstereagle.com, Winchester Report and The Sunday Carroll Eagle – in the Sunday Carroll County section of the Baltimore Sun. Get Westminster Eagle RSS Feed
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For good newspaper coverage of the Special Session Lawsuit Case No.: 06-C-07-0496648: Smigiel vs Franchot:
Whatever folks want to say about the mainstream media,
Or spend sometime with Liam Farrell with the Maryland Gazette or Len Lazarick with The Examiner or Tom LoBianco with the Washington Times.
These are just a few writers that come quickly to mind; perhaps some other bloggers have other writers in mind.
For more information:
Maryland General Assembly Oct. 29 2007 Special Session,
Maryland General Assembly Opera
Governor Robert L. Ehrlich Jr.