|
eloquently expressed. If you look at the re-
port of the Committee you will see on page
two, it sets out there how the constitutional
functions of the Board are stated in Arti-
cle XII of the present Constitution and you
will see there that they all relate to the
management of the state's interest in the
works of internal improvement in which in
the middle part of the 19th century the
State invested so heavily and so unwisely.
All of the modern powers exercised by
the board, every one, as I understand it,
were granted to them by the legislature,
so that to call this a constitutional board, a
board of constitutional establishment is
really a misnomer; it is a board, which as
already mentioned, was set up in the con-
stitution for an entirely different purpose,
and which has now been used as a catch-all
in various categories by the legislature
over the years. I suggest that one possible
reason why the Board of Public Works has
been utilized may have been political, be-
cause since the turn of the century we have
had four Republican governors, but the
legislature throughout all of those gover-
norships has been Democratic and so has
the comptroller, so that the check and bal-
ance which was properly set up to continue
the Democratic establishment in running
the State has been done all these years. It
has resulted in factional strife by dividing
the executive authority, and I suggest re-
sulted in a political impact in the direction
also of what you might call political rivalry
between the different members.
All of these functions now exercised by
the Board can be bestowed upon the same
officials in the constitution we are now
adopting. I see no reason whatever for con-
tinuing in the constitution a board which
under the present Constitution has func-
tions which are now completely archaic; to
do so, it seems to me, would only cause a
great deal of confusion.
THE CHAIRMAN: Delegate Dorsey, do
you desire to offer your amendment at
this time?
DELEGATE DORSEY: Yes, sir.
THE CHAIRMAN: Delegate Dorsey
moves that Recommendation 1 of the Com-
mittee Report EB-1 be amended by strik-
ing the word "not" in line 14.
Is there a second to that motion?
(The motion was duly seconded.)
THE CHAIRMAN: The question now
arises on the motion rather than on the
Committee Report or the Recommendation
No. 1 of the Committee Report. We can
|
proceed to the uncontrolled debate. Thirty
minutes is allotted for this purpose.
Does any delegate desire to speak in
favor of the amendment, that is in opposi-
tion to the Committee Report?
Delegate Storm.
DELEGATE STORM: If I am allowed
to speak at this time, I would like to say
a few things.
THE CHAIRMAN: You may proceed.
DELEGATE STORM: Judge Henderson
has said that the powers of the Board of
Public Works can be bestowed on the same
officials. I believe that if you do not adopt
this amendment that this would be impos-
sible.
I also suggest to you that under sections
yet to come before you, the legislature will
not be able to provide for a Board of Pub-
lic Works with the functions as now en-
dowed to them.
Delegate Fornos a few minutes ago said
that he was dissatisfied with the Board of
Public Works because it was a super legis-
lature, changing appropriations —
THE CHAIRMAN: Delegate Storm, par-
don me, please. For what purpose does
Delegate Morgan rise?
DELEGATE MORGAN: Will the gentle-
man yield?
THE CHAIRMAN: Delegate Storm, will
you yield to a question?
DELEGATE STORM: As soon as I
finish the sentence. This, ladies and gentle-
men of the Convention emphasizes the point
that the Board of Public Works does not
exercise strictly executive power. It has
legislative power, and that is why the legis-
lature is represented on the Board of Pub-
lic Works through the elected treasurer.
Please do not eliminate this.
Now, Mr. Morgan, I will be glad to an-
swer the question. I hope this is charged
on your time.
THE CHAIRMAN: No, the question is
on your time.
DELEGATE STORM: I will yield.
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: What is the
language that prevents a Board of Public
Works from being established by the legis-
lature ?
THE CHAIRMAN: Delegate Storm.
|
