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a few points that Delegate Morgan has
expressed, but I am not sure that it is as
precise as we should have it. Am I correct
in assuming that the legislature could not
transfer from the governor to the lieu-
tenant governor any power inherent in the
office of governor or expressed in the office
of governor by this constitution or by the
statutes of this State?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: So far as the
powers given to the governor by this con-
stitution, I think it is correct that those
cannot be transferred. As to powers given
to the governor by statutes of this State,
it is my understanding that those functions
could be delegated to the lieutenant
governor.
THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: I am speaking
now of transfer by the General Assembly,
not delegation. There are two questions:
what can the governor delegate to the lieu-
tenant governor and what powers can the
legislature give to the lieutenant governor.
Am I correct in assuming that the legis-
lature cannot transfer from the governor
to the lieutenant governor any powers
either inherent in the office of governor or
expressly in his office by virtue of legis-
lation?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: Do you mean if
the legislature has granted the governor
a certain function, the legislature could
not transfer that function from the gov-
ernor to lieutenant governor?
THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: That is cer-
tainly one aspect of the question.
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: My answer to
that is that the legislature could certainly
transfer that function to the lieutenant
governor if it chose to.
THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: Mr. Chairman,
I think I shall want to offer an amendment
to this section if that is the Chairman's
interpretation because that is not my in-
terpretation. I thought we met that point
when we struck out the words, "As pro-
vided by law." I thought we did that to
make it quite clear that the General As-
sembly could not in essence strip the gov-
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ernor of his powers and transfer them to
the lieutenant governor. This is the reason
I was directing these questions to the
Chairman. I do not know how to phrase
it in terms of a question, but if that is not
inherent then it seems to me we are in a
position where the legislature in its will
could create two governors which is some-
thing I at least want to avoid.
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: Delegate Ad-
kins, as I understand this section, the legis-
lature or the General Assembly could not
transfer to the lieutenant governor any
functions given to the governor by this
Constitution.
THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: I completely con-
cur in that. The next question is, could
they transfer powers which are inherent in
the office of the chief executive or expressly
in the office of the chief executive by the
legislature. For example, it is not inherent
in this constitution that the governor shall
have the power to appoint the Board of
Regents of the University of Maryland.
That is by express grant. Could the legis-
lature in its wisdom remove that power
from the governor and transfer it to the
lieutenant governor in your opinion?
THE CHAIRMAN : Delegate Morgan.
DELEGATE MORGAN: The answer is
no.
THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: Could they
transfer the budget making power from
the governor to the lieutenant governor.
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: I think if the
budget making power is given to the gov-
ernor by the constitution, they could not.
THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: Mr. Chairman,
I think maybe that is clear enough. I will
not pursue this line of questioning.
THE CHAIRMAN: Delegate Beachley.
DELEGATE BEACHLEY: Mr. Chair-
man.
THE CHAIRMAN: Proceed.
DELEGATE BEACHLEY: This morn-
ing it was my impression that the sequence
of those phrases "perform such duties as
prescribed by law and such other duties as
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