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THE CHAIRMAN: Is the motion sec-
onded?
(The motion was duly seconded.)
THE CHAIRMAN: It is regularly
moved and seconded that Amendment No.
17 now before you be amended by adding
at the end of the inserted sentence the
words "unless otherwise provided by law."
The Chair recognizes Delegate Bard to
speak to the amendment.
For what purpose does Delegate Sollins
rise?
DELEGATE SOLLINS: Mr. Chairman,
I wanted to ask Delegate Bard a question,
but I will wait for him to speak first.
THE CHAIRMAN: Delegate Bard.
DELEGATE BARD: Mr. Chairman,
ladies and gentlemen: Delegate Maurer has
placed before you what I think is one of
the most basic considerations in the ad-
ministration of higher education, and I
commend her solidly for recognizing that
in American higher education the concept
of the board is important. There are other
countries in the world where boards do not
exist. I shall not go into this point at the
moment, but talk on the matter of the
amendment to the amendment.
I think the point is well made that while
those in education recognize the signifi-
cance of the progressive growth of higher
education, we should realize that it may
well be that in other considerations, other
departments might desire to have boards
in the same relationship to their activities,
and it could well be that the General As-
sembly recognizing this need might want
to make these considerations take place.
I think there needs to be a separation
of these two views. Delegate Scanlan stated
it very clearly a while ago and the amend-
ment to the amendment would permit
those of us who think that the whole con-
cept of higher education as it has prog-
ressed is important, and that it is signifi-
cant to realize how valuable it is to have
boards, but on the other hand, we also
want to make it clear that we do not be-
lieve that our decision ought necessarily
apply in the opposition to the other fields
of endeavor.
THE CHAIRMAN: Delegate Sollins, do
you desire to put a question to Delegate
Bard at this time?
DELEGATE SOLLINS: No longer nec-
essary, Mr. Chairman.
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THE CHAIRMAN: Is there any opposi-
tion to the amendment to the amendment?
Delegate Marion.
DELEGATE MARION: Mr. Chairman,
if I might, I would like to address an in-
quiry to Delegate Bard.
THE CHAIRMAN: Delegate Bard, do
you yield to a question?
DELEGATE BARD: I yield.
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: Is it your in-
tention by the amendment which you have
just proposed to the amendment to allow
the legislature by law, not only to provide
that heads of departments other than edu-
cational departments if I might use that,
or that departments other than educational
departments, could be headed by a board,
but that also, unless otherwise provided by
law, could mean the General Assembly by
law could remove the exception which Dele-
gate Maurer's amendment would provide
for educational institutions?
THE CHAIRMAN: Delegate Bard.
DELEGATE BARD: This is not my in-
tention at all.
THE CHAIRMAN: The Chair did not
hear your answer, Delegate Bard.
DELEGATE BARD: It is not my inten-
tion, that the amendment to the amendment
would permit the General Assembly to re-
move the exception.
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: So in other
words, your intention is merely to broaden
the legislature's power to allow other de-
partments to be headed by boards, but not
to diminish the exception with respect to
education?
THE CHAIRMAN: Delegate Bard.
DELEGATE BARD: That is correct.
THE CHAIRMAN: Delegate Bard, your
answer was not on the microphone.
DELEGATE BARD: That is correct,
and this is why, Delegate Marion. Except
for the state public school system and the
institutions of higher education it precedes
the first part, rather than being stated at
the end.
THE CHAIRMAN: So that there will be
no question at all about that, the Chair
concedes that it is possible at least that
there be three interpretations; that the
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