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THE CHAIRMAN : Delegate Morgan.
DELEGATE MORGAN: The legislature
gives executive power to the head of the
department and he performs executive
power and the governor can vest executive
power in the lieutenant governor if the
constitution says so.
THE CHAIRMAN : Delegate Gilchrist.
DELEGATE GILCHRIST: That is a
delegation which the executive approved.
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: Are you talk-
ing about the delegation of which the ex-
ecutive approved?
THE CHAIRMAN: Delegate Gilchrist.
DELEGATE GILCHRIST: By signing
the bill the governor approves the delega-
tion which is made by the legislature. By
your first section you have constitutionally
vested the executive power in the governor.
THE CHAIRMAN: The Chair moves to
inquire, is it not a fact that most of these
executive powers vested in the governor are
executed by his subordinates.
Delegate Gilchrist.
DELEGATE GILCHRIST: That is cor-
rect, by his subordinates by reason of spe-
cific authority given them. However, where
you are attempting to delegate the gov-
ernor's functions, as I understand is sug-
gested by the section under question, you
are running into a different sort of problem
because you are setting up as has been said
a number of times a two-headed institution
where you are giving to a single individual
rather than through an agency an execu-
tive power.
THE CHAIRMAN: I should not have in-
terfered in the debate, but since I have I
will give you one further illustration. It
seems to me that you are drawing a dis-
tinction without any real difference. If the
governor has the power to executive the
law to include the police law he executes
a great many of those through the superin-
tendent of police. He does not personally
supervise the execution of all those powers.
Delegate Gilchrist.
DELEGATE GILCHRIST: May I sug-
gest that the governor does not have the
power to carry out a law, he has the duty
and that, I believe, is the difference. He
has a duty imposed upon him to carry out
a law by subordinants. This I think none
of us have any objection to.
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THE CHAIRMAN : Very well.
Does Delegate Beatrice Miller still have
a question?
Delegate Armor.
DELEGATE ARMOR: May I rise to a
point of personal privilege?
THE CHAIRMAN: May we finish these
questions first and then I will recognize
you.
Delegate White.
DELEGATE WHITE: It was in the
same area.
THE CHAIRMAN: We will allow you
to have your personal privilege in a mo-
ment. Are there any further questions, be-
cause, if not —
Delegate Willoner.
DELEGATE WILLONER: Mr. Chair-
man, I think I understand what you are
trying to do here on this section. Are we
continuing to discuss this same section?
THE CHAIRMAN: Yes, we are not
going to act on it this evening. The Com-
mittee is going to consider it further with
all the various suggestions. If you have a
suggestion, it would be well to make it now.
DELEGATE WILLONER: No, I will
wait to see what they come up with.
THE CHAIRMAN: Delegate Sybert.
DELEGATE SYBERT: Mr. Chairman,
in view of the fact that the Chairman and
his advisors and possibly the Committee
are going to study this question over the
recess, I should like to direct a question to
the Chair as an outstanding legal expert.
In view of the language of Amendment No.
20 that the lieutenant governor shall have
such power and perform such duties as may
be delegated to him by the governor, would
the inclusion of that wording legally ex-
clude the possibility of any further powers
being delegated to the lieutenant governor
by the legislature on the theory that the
inclusion of one thing amounts to the ex-
clusion of anything else?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: Mr. President,
I think you need much stronger language
than that to prevent the General Assembly
from exercising its rights.
THE CHAIRMAN: Delegate Sybert.
DELEGATE SYBERT: Mr. Chairman,
I know, but will the legislature not be cir-
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