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which would bring a matter to referendum
could also accomplish the same purpose be-
cause I believe then a question could be
brought to referendum if the legislature
passed something we did not like or af-
fected something in the constitution.
Second, the possibility of 100,000 signa-
tures stating that they were dissatisfied
with the judicial system as we devised it in
this newly drafted constitution frightens
me because in looking at the galleries day
after day since September 12, I am slightly
concerned that the electorate does not ex-
actly know what our constitution is or
what it purports to be. It is conceivable
that 100,000 people could sign such a peti-
tion and place such a matter on the ballot
and it could even conceivably be passed.
I think then we would have undermined
that which we have written. I would prefer
that it go through the General Assembly
if there is difficulty and need for correc-
tion. I am afraid we cannot leave all this
in the hands of the people.
THE CHAIRMAN : Does any other dele-
gate desire to speak in favor of the amend-
ment?
Delegate Gallagher.
DELEGATE GALLAGHER: Ladies and
gentlemen, it seems to me that we must
never be afraid of the will of the people
and that consequently we must expect from
them the same consideration that we expect
from members of our deliberative bodies
when considering legislation, whether it be
to add new legislation or to eliminate old
legislation.
I do think one of the most salutary fea-
tures of this proposal is the point that has
already been made that it is an escape
valve, so to speak, for members of the
public who might feel particularly dis-
satisfied about some aspect of the consti-
tution, but who, I think, would be assured
by the possibility of change initiated from
without the General Assembly or from
without a constitutional convention.
I think it has much to commend it. I
think the people feel it an aid when gov-
ernment is moving away from the popu-
lace, and that this is an attempt to involve
the average person in significant deter-
mination of state government. Conse-
quently, I would urge its adoption.
THE CHAIRMAN: Delegate Sherbow.
DELEGATE SHERBOW: Mr. Chair-
man, ladies and gentlemen, I would like to
go back to some very simple definitions.
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The proposal before you says an amend-
ment to the constitution. That amendment
can be a law. If it is prepared in the form
of an amendment to the constitution, you
will need 91,000 signatures based on the
last election to get that placed before the
electorate for their determination. It may
be a law directed at a minority. It may be
a law directed at some church-state rela-
tionship. It may be a law directed at some-
thing that today we are not cognizant of
but in a few years when this revolution
through which we are living begins to
take greater hold, it may affect some matter
where tempers rise, emotions are at their
zenith.
All we have here is ten percent of the
voters in a state that has three and a half
million population. In California, they re-
quire eight percent of the state with a
population in excess of fifteen million. They
sure made one mess of it.
What I am saying here is if what we
are creating for our General Assembly is
what we hope will bring us the kind of
General Assembly that is responsive to
modern needs, then let us have faith in it.
What you are doing here is providing for
that which all of those who have spoken
for indirect initiative and backed away
from it are now sponsoring, because this
does not have to be the kind of amendment
to the constitution that would pass Dele-
gate Scanlan's inspection. It can be a
simple law and when it is passed, it is
added to the constitution.
If you think the present constitution with
a couple hundred amendments is something
that you are trying to clean up and
straighten out, just bear in mind you are
being asked to put into the new one some-
thing which will let 91,000 people bring
to the voters a question which they will
vote on which may be a very simple and
sometimes a devastating law. I shall vote
against the amendment.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment?
(T J) ere was no response.)
Does any other delegate desire to speak
in opposition?
(There was no response.)
Ready for the question?
(Call for the question.)
The Clerk will ring the quorum bell.
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