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partments that has a merit system em-
ployee at the head of it designated a prin-
cipal department, but I would doubt if
that would be done.
DELEGATE J. CLARK (presiding):
Delegate Ritter.
DELEGATE RITTER: I am not worried
about the department head. I am worried
about the employees under him in the
merit system.
DELEGATE J. CLARK (presiding):
Delegate Morgan.
DELEGATE MORGAN: The employees
under him, they would not be disturbed,
I am sure.
DELEGATE J. CLARK (presiding):
Delegate Ritter.
DELEGATE RITTER: In no depart-
ment?
DELEGATE MORGAN: I would not
think in any department.
DELEGATE J. CLARK (presiding):
Are there any further questions?
Delegate Della, are you on your feet, sir?
DELEGATE DELLA: At least I think
I am.
DELEGATE J. CLARK (presiding):
Delegate Della.
DELEGATE DELLA: Delegate Morgan,
concerning section 4.19, on reorganiza-
tion of the executive branch, it is my
understanding that the General Assembly
shall prescribe the functions, powers and
duties of the departments of the executive
branch. Is that correct?
DELEGATE J. CLARK (presiding):
Delegate Morgan.
DELEGATE MORGAN: This recognizes
the plenary power of the General Assembly
to do that.
DELEGATE J. CLARK (presiding):
Delegate Della.
DELEGATE DELLA: Will this be all of
the departments, other than what we have
now? What will happen to the departments
that are now in existence?
DELEGATE J. CLARK (presiding):
Chairman Morgan.
DELEGATE MORGAN: The General
Assembly could prescribe their powers and
duties too, if it wished to.
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DELEGATE J. CLARK (presiding):
Delegate Della.
DELEGATE DELLA: You have men-
tioned though, in your proposal that the
General Assembly shall by law prescribe
the functions. In other words, it is the
obligation of the General Assembly to set
up the entire executive branch of govern-
ment, if this constitution is adopted.
DELEGATE J. CLARK (presiding):
Delegate Morgan.
DELEGATE MORGAN: That was not
the intention, no, sir.
DELEGATE J. CLARK (presiding):
Delegate Della.
DELEGATE DELLA: Doesn't section
4.19 say that? Is that the intention of
your Committee?
DELEGATE J. CLARK (presiding):
Chairman Morgan.
DELEGATE MORGAN: It is possible it
could be read that way, but it certainly
was not the intention of the Committee. In
other words, it was the intention of the
Committee that this shall be used in a
sense that this is one of the functions which
the General Assembly has and always has
had and always will have, I hope.
DELEGATE J. CLARK (presiding):
Delegate Della.
DELEGATE DELLA: If the General
Assembly has those powers why did you
put it in the executive branch? Why didn't
you let it remain in the legislative branch
of government?
DELEGATE J. CLARK (presiding):
Chairman Morgan.
DELEGATE MORGAN: Because there
were some members of the Committee who
wanted to make sure it was the General
Assembly that was going to decide what
programs the State should undertake, and
not the governor, and this was put in just
to contrast the functions, powers and duties
of the General Assembly with the much
more limited power of the governor.
DELEGATE J. CLARK (presiding):
Delegate Della.
DELEGATE DELLA: Has there been
any doubt in your mind that the legisla-
ture does not have that power to create
departments, and grant powers and duties
to the various departments?
DELEGATE J. CLARK (presiding):
Delegate Morgan.
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