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DELEGATE HENDERSON: I will.
THE CHAIRMAN: Delegate Weidemeyer.
DELEGATE WEIDEMEYER: Is it a
reasonable construction or reasonable to
assume that a proper construction of this
could be that the separation of powers doc-
trine is a general concept and applies to all
areas where the constitution does not speci-
fically provide for crossing over? For ex-
ample, in the judiciary branch the constitu-
tion provides some areas of cross-over. The
executive branch and the legislative branch
provide for cross-over powers, but where
they are not specifically provided for in the
constitution, the separation of powers would
prohibit the encroachment of one major
department on the other.
THE CHAIRMAN: Delegate Henderson.
DELEGATE HENDERSON: Well, even
if I accept your interpretation on constitu-
tional powers, if this were literally inter-
preted, it would invalidate hundreds of
laws in which the legislature has delegated
to one agency or another powers that are
both legislative and judicial. In other words,
complete separation of powers is simply
not true. It is not followed. It is not done.
One example was for years the Tax Com-
mission, which heard appeals and also was
an administrative agency in the executive
branch. It is true that the Tax Court has
separated that out, but that existed for
years by act of the legislature.
THE CHAIRMAN: The discussion during
the last twenty-eight minutes indicates the
absolute impossibility of estimating how
long it will take to dispose of any particu-
lar question. There are three people seeking
the floor. I think we should postpone further
discussion until after dinner hour.
The Chair recognizes Delegate Powers.
DELEGATE POWERS: Mr. Chairman, I
move the Committee of the Whole rise and
report the approval of Committee Recom-
mendation R&P-1, with amendments, and
further report that it has not completed its
consideration of Committee Recommenda-
tion R&P-2.
T.HE CHAIRMAN: All those in favor
signify by saying Aye; contrary No. The
Ayes have it. It is so ordered.
(Whereupon, at (> :30 P.M., the Committee
of the Whole rose, and the Convention
reconvened.)
(The mace was replaced by the Sergeant-
at-Arms.)
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PLENARY SESSION
DECEMBER 13, 1967— 6:30 P.M.
PRESIDENT H. VERNON ENEY,
PRESIDING
THE PRESIDENT: The Convention will
please come to order.
On behalf of the Committee of the Whole,
the Chair reports that the Committee has
concluded its consideration of Committee
Recommendation R&P-1, that it has ap-
proved Committee Recommendation R&P-1,
with amendments. Committee Recommenda-
tion R&P-1 and the report of the Committee
of the Whole is referred to the Committee
on Style, Drafting and Arrangement. On
behalf of the Committee of the Whole, the
Chair further reports that it has under
consideration Committee Recommendation
R&P-2, that it still has it under considera-
tion and desires leave to sit again.
The Chair thinks it is necessary to make
another brief announcement.
The officers of the Convention are very
much concerned and troubled by the fact
that in the past few clays we have fallen
far behind our schedule, and progress has
been slower than perhaps on any other
article. It seems at the moment that it
would be impossible to conclude considera-
tion of all matters on the agenda by the
close of the session tomorrow.
In view of the fact that the Convention
has a deadline beyond which it cannot go,
and in further view of the fact that in a
little more than a week Christmas is upon
us, it is the intention of the officers to con-
tinue the sessions of the Convention without
recess of any kind until we conclude con-
sideration of every matter presently on the
agenda. This means complete consideration
of all matters that must be completed by
the Committee of the Whole. At the same
time, we are most anxious to be able to
recess the Convention at least a few days
or more and few days before Christmas
because it is absolutely imperative that the
members of the Convention who serve on
the Committee on Style, Drafting and Ar-
rangement, and the Members of the Con-
vention who are trying to draft the transi-
tional provisions in the schedule of legisla-
tion must have at least two or three days
of uninterrupted time to work on those
particular tasks.
In order to accomplish all of these ob-
jectives, therefore, the Chair urges all dele-
gates to remain in the room at all times
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