constitutional provisions for lumbermen,
oystermen, coal miners or even school
teachers, and there are some state consti-
tutions that have some special provisions
for them.
I do not believe they belong in the con-
stitution, but the consumer involves all the
people. This action would tell the aged, the
poor, the indigent, indeed all the people
that we care.
The other day when we included the sec-
tion on natural resources, there were some
who said that this is not constitutional.
It is hortatory. But over 100 of us felt
that the natural resources were important
because they belonged to the people. They
were important enough because of the
dangers to the land.
Now, the proponents and the Committee
ask that the Convention do for the people's
human resources what it did for the nat-
ural resources. In other words, that which
belongs to the people is that which is God
given, as much as natural resources are
given to us via the state.
It is late in the afternoon and before a
holiday, and I would urge you to support
the consumer protection educational pro-
posal so that many can give thanks this
Thanksgiving as we who are here can give
thanks for what we have done.
Thank you.
THE CHAIRMAN: Are there any
questions?
Delegate Case.
DELEGATE CASE: Delegate Bard, does
this requirement of this provision, this pro-
posal, require state action? Will it require
state action or is it merely —
DELEGATE BARD: I would like to
read in answer to that question the short
statement in the proposed New York Con-
stitution. Before reading it, I would like to
indicate that the debates that took place
on the very question which is being asked
by Delegate Case in New York, brought
forth an affirmative answer and in all the
dialogue in regard to the New York Con-
stitution, there was little that was not af-
firmative in terms of this statement.
It read like this: "The protection and
the education of the people of the state
against unfair, inequitable or dishonest
sales, marketing and financing practices
are and shall continue to be state con-
cerns."
|
Another sentence, "The legislature shall
provide for the implementation of this
section."
True, the first portion of this was horta-
tory, but the latter part of this did bring
to the legislature a direct mandate for ac-
tion in answer to your question, and the
New York State Convention that went
through this dialogue answered to the fact
that it belonged in the constitution and
secondly, that it could be enforced.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: What constitution
was that that you were talking about?
THE CHAIRMAN: Delegate Bard.
DELEGATE BARD: I am referring to
the New York proposed constitution: In all
the debates with respect to the provisions
of the New York State Constitution, this
one particular section was commended on
many occasions by the newspapers and it
was said it was just too bad that such good
proposals as this and other proposals with-
in the constitution could not go through.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: That is, the consti-
tution was defeated?
DELEGATE BARD: It was and it is
going to be brought forth singly to the
public.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: To get back to my
question, because I have something I want
to have you follow through with me, I take
it then that you are telling us that this
will require state action. This is a positive
requirement of state action, is this correct?
THE CHAIRMAN: Delegate Key.
DELEGATE KEY: I would rather an-
swer your question, because I was on the
committee and as such I think I can let you
know a little bit more about our thinking.
Yes, we feel this is a mandate of the
General Assembly to act.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: Ihave to ask Dele-
gate Bard to speak because he made the
principal address. I hope you do not mind.
DELEGATE KEY: No.
DELEGATE CASE: He mentioned the
fact that one of the examples was the fact
that someone in his family had drug poi-
|