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THE CHAIRMAN: Delegate Winslow.
DELEGATE WINSLOW: Mr. Chairman
and Chairman Morgan. The inquiry I want
to put is rather in the opposite direction.
With this change in the amendment, do we
have a situation in which the General As-
sembly cannot take away from the gover-
nor any power or function and give it to
the lieutenant governor? That is, is it still
possible as I believe it was under the orig-
inal wording, that the General Assembly
might be inclined to strip the governor of
certain powers and put them in the hands
of the lieutenant governor?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: In my opinion,
Delegate Winslow, that would be abso-
lutely impossible.
THE CHAIRMAN: Delegate Sollins.
DELEGATE SOLLINS: Delegate Mor-
gan, am I correct in understanding that
under this amendment the governor could
not designate the lieutenant governor to sit
in his place on the board of review which
we established last night?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: I think that is
probably correct.
THE CHAIRMAN: Delegate Hodge
Smith.
DELEGATE J. H. SMITH: Delegate
Morgan, would the Committee accept this
amendment which might clear up the prob-
lem. On line 7 of your amendment after
the word "be" at the end there add the
words "prescribed by law or".
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN : Delegate Smith,
I really think the language is perfectly
adequate at the present time. That is the
way it is now. It does not say that the
General Assembly cannot give functions to
the lieutenant governor, but here it seems
to me you give the General Assembly au-
thority to prescribe the lieutenant gov-
ernor's functions which the governor could
but does not want to delegate to him. That
is what we want to avoid.
THE CHAIRMAN: Delegate Hodge
Smith.
DELEGATE J. H. SMITH: Do you not
think that that would clear up the questions
that are in the minds of delegates who are
questioning this section?
THE CHAIRMAN: Delegate Morgan.
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DELEGATE MORGAN: I think it is
entirely too broad.
THE CHAIRMAN: Delegate Gleason.
DELEGATE GLEASON: If I might
make a suggestion to the Chairman, I
think that there are two problems that
seem to concern the delegates; they cer-
tainly concern me. One is the problem just
raised by Delegate Smith. I think this
would be a good change because obviously
if the General Assembly decided to give a
duty to the lieutenant governor, if the gov-
ernor did not approve of that duty, he
would veto the bill and the General As-
sembly would be forced to overturn that
vote by a three-fifths or two-thirds vote,
and, therefore, I think is something that
you do not have to worry about. So what I
am saying is that I think Delegate Smith
has made a good suggestion. The other as-
pect, however, relates to the word "powers"
and I think this is where we get into our
confusion. A power of a governor, a power
to a lieutenant governor, it seems to me,
ought to be spelled out in the constitution
if it is indicated that he should have a
certain power which is the governor's on
certain occasions and should not be the
subject of delegation to his lieutenant gov-
ernor. He does have the power under the
section to act as lieutenant governor when
the governor is sick and so forth, and that
is fine. That sets it out rather clearly, but
I think by including the word "power" here
with duties we make a little bit of a smor-
gasbord. My recommendation would be that
you eliminate the word "powers" and you
keep the word "duties" and you also give
the General Assembly the power to allocate
duties through a bill which would have to
be approved by the governor. This would
be my earnest suggestion.
THE CHAIRMAN: Delegate Gleason.
DELEGATE MORGAN: Delegate Glea-
son, I think you have a different idea of
what the function of a lieutenant governor
should be and what both the Committee
thinks the functions should be, and what
Governor Agnew testified before our Com-
mittee he expected. I do not know what
duties the governor has except the duty to
see that the laws are perfectly executed.
THE CHAIRMAN: Delegate Gleason.
DELEGATE GLEASON: Perhaps we
ought to discuss in this context what
powers the governor has that he has in
mind delegating to the lieutenant governor.
One question has already been raised with
respect to the board of review and we
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