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will you please clarify and explain that,
including illustration by example?
DELEGATE J. CLARK (presiding):
Delegate Sherbow.
DELEGATE SHERBOW: Well, going back to what I said before, we believe the
General Assembly should have no addi-
tional right to increase any appropriations;
this would be in complete destruction of the
executive budget.
Let us assume in a complete program
there is a governor's estimate of the need
for $50 million. The legislature has a pro-
gram it would like to have, so it cuts that
program from $50 million to .$10 million
and says "Now here is a new program. We
are going to pass the law immediately and
this new program for $40 million will take
the place of the one the governor has so
laboriously put together to balance the
budget."
We say no, the legislature cannot do that.
If they decide to reduce that budget of the
governor, they may make that decision and
cut it. But if they are going to introduce
their own appropriation, it must come in
the form of a supplementary appropriation.
That supplementary appropriation must
carry with it the means for paying for it
and the levying of the taxes that are neces-
sary for that purpose.
To do otherwise would destroy the whole
concept of the executive budget as we
understand it. Now, if the General As-
sembly should pass a supplementary ap-
propriation bill of its own, even though
they provided for the taxation, the gover-
nor still has the right under sections in
Article 4 to veto on a line basis any of
those particular items, and his veto would,
of course, be subject to overrule by the
General Assembly by the appropriate en-
actment.
DELEGATE J. CLARK (presiding):
The Chair recognizes Delegate Clagett.
DELEGATE CLAGETT: Therefore, in
the simplest terms it means it may reduce
o)- strike but cannot substitute?
DELEGATE SHERBOW: It cannot in-
crease without providing the taxes; it can-
not substitute one for another. Yes, I guess
that is one way of putting it.
DELEGATE J. CLARK (presiding-):
Delegate Bennett?
The Chair recognizes Delegate Willoner.
He has been trying to get the floor since
the very beginning.
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DELEGATE WILLONER: Judge Sher-
bow, in section 6.05, in the mandatory ap-
propriations as regards to the court, you
say these are as required by law. In the
judiciary section, we have given the court
concurrent rule-making power and the
rules have the force of law.
Is it not the intent of the Committee that
the court shall not by rule create any ex-
penses that would be required to be estab-
lished, or be mandatory appropriations?
DELEGATE J. CLARK (presiding):
Deleg-ate Sherbow.
DELEGATE SHERBOW: I would not
say that any statement as broad as that
could be accepted. I do not know what the
Court of Appeals may do in the passage
of a rule which may have the effect of
creating a cost or an expenditure.
The mere fact that they passed the rule
causes an expenditure for printing of that
rule. Sometimes it is borne by you and me
as lawyers, but you suggest something that
is much too broad for us to say that con-
stitutionally the Court of Appeals cannot
do something in the far distant future in
the passage of a rule which might have
the effect of bringing: about some expendi-
ture.
No, I could not accept that.
DELEGATE J. CLARK (presiding):
Delegate Willoner.
DELEGATE WILLONER: Then in the
sense that you are using a law in section
6.05 it also includes rules which are made
by the Court of Appeals.
DELEGATE J. CLARK (presiding):
Delegate Sherbow.
DELEGATE SHERBOW: Deleg-ate Wil-
loner, I think in this constitution up until
now a study made by Walker Lewis shows
the word "law" used about seven different
ways, public general law, public local law ;
all of these meanings which the Committee
on Local Government has tried to take out
are used throughout the constitution in
different forms, and Professor Penniman
has one job on his hands to straighten it
out and say what law means.
Now, you are asking me, and I say to
you that as we have passed the provision,
the Court of Appeals has a right to pass a
rule and that rule has a force of law. It is
a law.
DELEGATE J. CLARK (presiding):
Delegate Willoner.
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