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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1505   View pdf image (33K)
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[Nov. 30] DEBATES 1505

will be delegated to him" was reversed.
The way I understood it this morning it
was "such duties as delegated to him by the
governor and then such other duties as
being prescribed by law." Then just a few
minutes ago I believe it was Delegate
Hodge Smith who used the term: "Such du-
ties as prescribed by law and such duties
as delegated by the governor." It seems to
me we should bring it back to where it was
this morning before the discussion of the
power and duties that was held.

Did I understand it right this morning?
Was the sequence in there wrong?

THE CHAIRMAN: I do not think that
is entirely true.

Delegate Morgan, will you respond?

DELEGATE MORGAN: I believe Dele-
gate Henderson did advert to the fact that
the sequence was wrong and that it should
be turned around the other way, but on
consideration after the debate this morn-
ing, it seemed to me that "that prescribed
by law" was in itself too broad. If you
wanted to have it "prescribed by law and
approved by the governor," that would be
something else again. But to have the Gen-
eral Assembly prescribe the duties for lieu-
tenant governor over the governor's ob-
jection or over the governor's veto seems
to us too broad.

THE CHAIRMAN: Delegate Beachley.

DELEGATE BEACHLEY: That was in-
tentionally left out then?

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: That was in-
tentionally left out.

THE CHAIRMAN: Delegate Beachley.
DELEGATE BEACHLEY: Thank you.
THE CHAIRMAN: Delegate Raley.
Delegate Mentzer.

DELEGATE MENTZER: I agree with
Delegate Gleason that we should draw a
distinction between power and duties and I
have some suggested language that I won-
dered if Delegate Morgan would give his
opinion on.

THE CHAIRMAN: State your inquiry.

DELEGATE MENTZER: Could the sec-
tion read, "lieutenant governor shall per-
form such duties as may be delegated to
him by the governor but no powers specifi-
cally given to him by the constitution shall

be delegated. The lieutenant governor also
may have other duties as prescribed by
law."

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: Will you wait
just a minute while I confer?

THE CHAIRMAN: Delegate Morgan,
the Chair has the feeling that the questions
which have now been continuing to you for
thirty or more minutes and the doubts that
have been expressed and the suggested
changes that have been made indicate that
perhaps it might be better if we would
break off this discussion to give you and
your staff advisor and other members of
your Committee an opportunity to consider
this amendment over the evening. In the
light of the suggestions that have been
made, do you think that that would be
desirable?

DELEGATE MORGAN: That would be
fine with me, Mr. Chairman.

THE CHAIRMAN : Delegate Rybczynski.

DELEGATE RYBCZYNSKI: Mr. Chair-
man, allow me to ask just one more
question.

Mr. Morgan, is it possible that what your
Committee means is that the governor can
assign temporary duties or temporary
things to be done and not permanent for
the entire term of their respective offices?
Is it possible that what you are seeking is
a temporary kind of thing in any one
instance?

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: Well, I imagine
a lot of delegations would be temporary
delegations. Many other delegations would
be —

THE CHAIRMAN: The Chair did not
mean to cut off the other questions that
might be for the enlightenment of the com-
mittee. Does Delegate Willoner desire to
ask a question? Delegate Bamberger? Dele-
gate Gilchrist?

DELEGATE GILCHRIST: I would like
to ask a question.

THE CHAIRMAN: State the question.

DELEGATE GILCHRIST: Would the
delegation of powers not be inconsistent
with section 4.01 in which you vest the ex-
ecutive powers of the State in the gov-
ernor? How can you give them to someone
else if that is the situation?



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1505   View pdf image (33K)
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