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10,836
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provision, and I think I spoke then and pointed out at that
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time that 40 states have such a prpvision providing for
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the separation of the power.
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Secondly, I think some people misunderstand
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this provision. To start with, our court of appeals has
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repeatedly stated it does not apply to municipal corpor-
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ations. I read only this morning -- I can't think of the
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last name, Pressman v. somebody in Baltimore where they
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said it did not apply, and it was an old case, so it
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does not apply to municipal governments at all.
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The third point is that it does not say that the
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legislature can't combine all three of these powers,
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actually, in a body -- such as the workmen's compensation
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commission. There is no question about that.
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The legislature has the right to put the
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power wherever they want it, but the thing of it is, and
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the purpose of this separation of the powers is to
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prevent the judiciary from assuming powers that are
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delegated to the executive, to prevent the executive from
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assuming powers that are delegated to the legislature.
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In other words, it is purposely set up to
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