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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1489   View pdf image (33K)
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[Nov. 30] DEBATES 1489

If you feel that the legislature should
not have such power, and that as to de-
partments other than education it should
in any event be a single executive, without
any power in the legislature to change it,
then you would vote against the amend-
ment to the amendment.

Can we vote on that question?
Delegate Morgan.

DELEGATE MORGAN: Mr. Chairman,
may I make a suggestion?

Delegate Maurer started out with an
amendment, the purpose of which was to
require that the heads of all principal de-
partments be single individuals, but she
had to make an exception, she thought,
with respect to institutions of higher edu-
cation and the state public school system.

Now we come along with an amendment
by Delegate Bard, the effect of which is to
prevent the legislature from making any
change in the organizational structure of
the state public school system or the sys-
tem of higher education.

He could change the composition of the
board, the number of members of the board,
but you have to have a board and a superin-
tendent under the board or a board of re-
gents and the president under the board of
regents.

And it seems to me that the effect of the
amendment, as I got it from questioning
Delegate Bard, is to prevent the legislature
from making any change ever in the exist-
ing organizational structure of the educa-
tional system.

Now, am I correct or incorrect, Dr. Bard?
THE CHAIRMAN: Delegate Bard.

DELEGATE BARD: Delegate Morgan,
it seems to me that you have overdrawn
the reply. There was no implication that my
response meant that you could never make
any change whatsoever in the system. That
would certainly be a very foolish response
on the part of anyone. The response merely
indicated that the Department of Educa-
tion would not be harnessed with the kind
of structure that is stated in 4.20 and, Mr.
Chairman, may I ask Delegate Morgan a
question?

THE CHAIRMAN: Delegate Morgan,
do you yield to a question?

DELEGATE MORGAN: I certainly do.
THE CHAIRMAN: Delegate Bard.

DELEGATE BARD: It seems to me at
the heart of the vote on the amendment
to the amendment is a recommendation
which you, yourself, feel or at least the
majority view of the committee feels is
highly important, namely "unless other-
wise provided by law" and I attempted to
put that fact into the statement. That lies
at the very heart of the amendment to the
amendment, is that correct?

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: That is correct.
I feel that is very important and as you
indicated was in the original committee
recommendation and that was supposed to
enable the legislature to make the school
board or the board of regents with the
prestige of the state colleges they wanted
to be ahead of, a principal department, but
now you granted an exception in the be-
ginning of the exception and you say ex-
cept in the case of the public school sys-
tem and institutions of higher education,
such and such will be the case unless the
legislature provides something else by law.

THE CHAIRMAN: The Chair suggests
that the colloquy that is now going on is
not enlightening to the house and is not
directed to the question which is presented
by the amendment to the amendment.

I think I can restate the position in a
little more homely terms; if you want to
support the committee's recommendation,
you would vote for the amendment to the
amendment, that would give it half a loaf
and if you want to give it the whole loaf
you then vote against the amendment.

If you support Delegate Storm's position
you would vote for the amendment to the
amendment. That has nothing to do with
the educational issue. That arises on the
amendment.

Delegate Gilchrist.

DELEGATE GILCHRIST: Did you say
the amendment is printed? Could we have
it on our desk before we vote on it.

THE CHAIRMAN: Is the chief page
here?

The amendment is not yet printed. It
will be here in a few minutes.

Delegate Maurer.

DELEGATE MAURER: Mr. Chairman,
I never dreamt on election day that I would
have offered a little old amendment that
has taken so long, I might say that I only
added the exception for education as Dele-
gate Morgan has suggested because I was



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1489   View pdf image (33K)
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