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shared powers concept of the local government section,
is it not true that a local unit of government, let us
confine it to a county, would have been able with or with-
out this particular provision in the Constitution to waive
or abrogate the doctrine of sovereign immunity?
DELEGATE CLAGETT: Yes.
DELEGATE CASE: Is it not also true as the
Committee report now reads without the Clagett-Wagandt
amendment the same thing would be true?
DELEGATE CLAGETT; No. I don't think the same
thing would be true because here you have a conflict
between what is judicial and what is legislative and because
of that conflict, I think that public general qualifies
the situation, but if you find that there is no conflict
between judicial and legislative function, then the answer
would be yes.
I DELEGATE CLARK: Delegate Case.
DELEGATE CASE: So that the answer to that
question is yes, so the Committee can follow this, let me
state what I am getting at. If there was nothing in the
Constitution and the shared powers concept is adopted,