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Committee that it be exempt from refer-
endum, I suppose the reference to three-
fifths would not impair the susceptibility
from referendum.
THE CHAIRMAN : Delegate Morgan.
DELEGATE MORGAN: There was no
thought that this would be exempt from
referendum. We decided this before the
Committee of the Whole considered your
referendum provision.
THE CHAIRMAN: Delegate Ross.
DELEGATE ROSS: Likewise in 4.19
I am not clear. In line 34 it starts, "Where
these changes require the force of law,
they shall be set forth in executive orders
in statutory form and submitted to the
General Assembly". I am not quite clear
what "force of law" means. Does this be-
come law in the terms that I understand
the law or is this some special kind of law?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: Do you mean in
line 35, that when the legislature has pre-
scribed a particular organizational struc-
ture and the governor wants to change it
the change would ordinarily require the
force of law because the legislature has
already said that it shall be done in this
way? Is that what is meant where it says
the change requires the force of law.
On the other hand, if you had a depart-
ment head who organized his department
into units A, B, C, D and E, those could be
changed without any executive order be-
cause they would be established directly
and not by legislative enactment.
(At this point First Vice President
James Clark assumed the Chair.)
DELEGATE J. CLARR (presiding):
Delegate Ross.
DELEGATE ROSS: I think I under-
stand the use of this procedure. I suppose
the question baldly is: Is something that
has the force of law a law that is sus-
ceptible to referendum?
DELEGATE J. CLARR (presiding):
Delegate Morgan.
DELEGATE MORGAN: Delegate Ross,
I really cannot give you an authoritative
answer to that question. I can give you my
personal opinion. The answer is no.
DELEGATE J. CLARR (presiding):
Delegate Gill.
DELEGATE GILL: I am still confused,
the last amendment I have was AZ and it
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refers to section 4.18 and they are dis-
cussing section 4.19.
DELEGATE J. CLARR (presiding) :
The Chair recognizes Delegate Storm.
DELEGATE STORM: I think President
Eney mentioned before he left that 18, 19
and 20 would simply cancel because Dele-
gate Maurer did not even present them, so
it is AZ.
DELEGATE GILL: I see.
DELEGATE J. CLARR (presiding):
Delegate Storm.
DELEGATE STORM: As I understand
it, AC, AD and AE have all been can-
celled.
DELEGATE J. CLARR (presiding):
Delegate Gill, this is AZ and it is Amend-
ment No. 18.
DELEGATE GILL: That is what I said.
I am talking about AZ and I have num-
bered it Amendment No. 18 by Delegate
Morgan. It says, "On page 6, Section 4.18",
and the question I asked was about the
word "each" but Delegate Case and Dele-
gate Ross are both talking about 4.19. Be-
cause I had this amendment AZ, I asked
the question.
Now, what are we discussing, 4.18 or
4.19?
DELEGATE J. CLARR (presiding):
Section 4.18, as I understand it. Is that
right, Delegate Morgan?
DELEGATE MORGAN: We are dealing
with an amendment to section 4.18, but I
was asked a question relating to 4.19 and
that is how we happened to get on 4.19.
DELEGATE J. CLARR (presiding):
Delegate Gill.
DELEGATE GILL: When I asked you
the question it was about 4.18. In the
amendment in line 41, you referred to 4.19
and told me about either house. I asked
you which did you mean. Section 4.18 said
each house. When you explained it you
said "each".
DELEGATE J. CLARR (presiding):
Delegate Morgan.
DELEGATE MORGAN: Section 4.18
says "each house" but on 4.19 it would be
"either house".
DELEGATE J. CLARR (presiding):
The Chair recognizes Delegate Beatrice
Miller.
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