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THE CHAIRMAN: Delegate Henderson.

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DELEGATE HENDERSON: Mr. Chairman, fellow

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delegates, with some reluctance I rise to oppose the

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Committee recommendation, and I do so because I believe

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this statement of the separation of legislative, executive

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and judicial powers, this declaration in our present

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constitution, the one we are about to adopt, creates more

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problems than it solves.

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To give one very quick example, for example, the

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rule-making power which is conferred upon the court of

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appeals is a legislative power -- there can be no

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question about it -- and that is something which has existed

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there for the past 25 years and will continue into the

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future, shared to some extent with the legislature.

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Every exercise of rule-making power which is

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exercised by the executive agencies -- and almost every

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one of them has to some extent or another the rule-

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making power -- is a legislative power.

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One might go on and cite example after example.

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One example which struck me with great force was the

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fact that under the local government in Montgomery County