10,830

1

the Board there, which really runs the county, shares

2

the legislative and executive powers, and that type

3

of government was recommended by the National Municipal

4

League.

5

You might go on and on, and I could think --

6

probably if I had the time I could give you 40 different

7

exceptions to this general principle. It never was

8

really a legal principle.

9

The Frenchman I mentioned on an earlier

10

occasion, Montesque -- his view that it existed based

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on the British Parliament was quite incorrect because

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from time immemorial the House of Lords was both a

13

legislative body and a court, as it is today.

14

To put this in the constitution will lead, I

15

take it, to any number of difficult court decisions

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and constructions, and the need for it, if it ever

17

existed, has largely been done away with by the fact

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that in our present constitution we have set up and

19

delineated the powers of the three branches and give

20

plenary power to the legislature, judicial power to

21

another body, and the executive power to a third, so