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function, section 5.11 in the majority report also
indicates and sets forth that the Commissioner and the Dis-
trict Court will serve at the pleasure of the judge of that
District Court.
So by creating and then having the decision
as to how long the particular commissioner shall hold
office, and when he shall leave office, that is left
strictly up to thecourt.
In our view this is clearly a legislative
function. First of all, the creation of the Office of
Commissioner -- and we think that it should be filled
in a manner prescribed by law -- we would hope that the
legislature would set up the profession of commissioenr,
and that there would be tenure to the position of commis-
sioner and that there would be a merit system with respect
to the office, so that, Mr. Chairman, I don't believe
that I have the specific amendment before me, because I had
anticipated that we were going to deal with 5.01 this
morning --
THE CHAIRMAN: I think you reproduce it on page
4 of your report, do you not? |