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case, whether it is next year or the year after or 50
years from now, wherever there is state action, because
I take it we will always have a popular government, a
democracy and the state government will be the govern-
ment of the people set up to govern themselves, where-
ever there is that state action, it cannot be unequally
applied.
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: Delegate Mitchell, I just
hoped that you wouldn't rely completely on state action
because it would seem to me, and I would hope it would
seem to you, would it not, in answering the question, that
the legislature could enact whatever laws it deemed
essential in this particular field and whatever time in
the future it seemed desirable to do so?
THE CHAIRMAN: Delegate Mitchell.
DELEGATE MITCHELL: I don't think this is
limiting. There is concern that this state action concept
per se does limit how far the state government shall go,
but under the interpretations of the court, and the way
the legislative enactments are moving in other states of