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Delegate Carson.
DELEGATE CARSON: Mr. Chairman,
I do not want to seem impertinent and I am
not being so, but could I address a ques-
tion to you, sir?
THE CHAIRMAN: Yes, sir.
DELEGATE CARSON: If this proposed
amendment is passed, would you agree that
there is just absolutely no question that the
General Assembly would be able to act in
this manner and it would make it clear as
a bell?
THE CHAIRMAN: If it is passed there
can be no question that the General Assem-
bly has the power granted to it by this
section.
Delegate Hutchinson.
DELEGATE HUTCHINSON: I would
like to ask Delegate Johnson a question if
he would yield.
THE CHAIRMAN: Delegate Johnson,
do you yield to a question?
DELEGATE JOHNSON: Yes, Mr.
Chairman.
THE CHAIRMAN: Delegate Hutchin-
son.
DELEGATE HUTCHINSON: If we
pass this provision and put it in the con-
stitution, then would the local government
still be able to have their own sheriff's
office, even if the other counties did not?
DELEGATE JOHNSON: If the General
Assembly operated in this field, then the
local government could not in my opinion.
THE CHAIRMAN: Delegate Hutchin-
son.
DELEGATE HUTCHINSON: Then I
will vote against this amendment.
THE CHAIRMAN: Are you ready for
the question?
Delegate Churchill Murray.
DELEGATE E. C. MURRAY: If we do
not pass this, will it leave the individual
counties with home rule free to establish a
sheriff ship of their own?
THE CHAIRMAN: To whom is your
question directed?
DELEGATE E. C. MURRAY: The
Chair seemed the most convenient.
(Laughter.)
THE CHAIRMAN: In the interest of
time, the Chair will undertake to answer;
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in his private opinion the counties would
be free to provide for a sheriff to perform
local functions.
DELEGATE E. C. MURRAY: This then,
is what I advocated. I feel if authority is
given to the General Assembly, there will
be great temptation to provide it in all
counties whether really needed or not.
THE CHAIRMAN: Delegate Johnson,
did you desire the floor?
DELEGATE JOHNSON: I wanted a
clarification, if the Chair will yield to a
question?
THE CHAIRMAN: Which Chair?
DELEGATE JOHNSON: You, Mr.
Chairman.
THE CHAIRMAN: Proceed.
DELEGATE JOHNSON: If you would
yield for a question. Did I understand you
to say, naturally, without endorsing this
amendment, Mr. Chairman, that it is other-
wise in order?
THE CHAIRMAN: I am not sure I
understand the question. What do you
mean by if I do not endorse it, it is other-
wise in order?
DELEGATE JOHNSON: That the
amendment is in fact in order and that it
would be perfectly proper to have a section
similar to this or a section like this in our
constitution and that it is not inconsistent
with the article.
THE CHAIRMAN: I think you are ask-
ing for the personal opinion of the Chair
and the only way I can answer it is to in-
dicate that I intend to vote against the
amendment. I do not think it is necessary.
I think it does harm. The Chair could not
refrain from determining that Delegate
Mudd is relaxing in high glee.
(Laughter).
Delegate Johnson.
DELEGATE JOHNSON: What concerns
the members of the minority is the fact
that inasmuch as the local governments
cannot act in matters pertaining to judicial
power, that it is perfectly possible, is it
not, that if the General Assembly is not
given permission to establish the office of
sheriff, that the judicial branch could es-
tablish the office of process server and the
matters relating thereto and for all prac-
tical purposes do away with the office of
sheriff in the local government so that the
sheriff in the local government will have
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