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THE PRESIDENT: Delegate Hardwicke.

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DELEGATE HARDWICKE: But the Legislature could

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not arbitrarily define--in other words, the definition of

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the use has got to be reasonable and so forth, and if that

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test -- if the Legislature does use a reasonable definition,

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a reasonable classification, then you would consider that

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to be agricultural property.

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THE PRESIDENT: Delegate Penniman.

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DELEGATE PENNIMAN: Yes, that is correct.

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THE PRESIDENT: Delegate Henderson.

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DELEGATE HENDERSON: I suggest that Delegate

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Hardwicke is putting words in the mouth of the chairman

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which I don't think really belong there. As I recall the

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colloquy, I think it was Delegate Case who referred par-

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ticularly to the decision of the Court of Appeals which had

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thrown out all of the subsidiary tests and relied upon the

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words in the constitutional amendment which referred to

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agricultural use, and the Court of Appeals said, in effect,

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that that was the only test but that the committee as

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reported on the floor here intended to overrule that Court

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of Appeals decision, and I suggest that the use of the word