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powers with respect to state and local pub-
lic offices in the event that all applicable
provisions which designate who shall suc-
ceed to those offices have been exhausted,
and yet there be no one to succeed to those
offices.
THE CHAIRMAN: Is it limited to that,
or could the General Assembly provide by
law that the provisions of the constitution
with respect to succession of the governor
should be suspended during the period of
an emergency.
DELEGATE GALLAGHER: No, sir, we
do not anticipate that. We anticipate that
all constitutional provisions with respect to
who shall succeed the one office must first
be exhausted before the General Assembly
could pass legislation which would have an
effect upon the filling of those offices in
the event of a vacancy or inability to
carry them out.
THE CHAIRMAN: Would it be contem-
plated that the legislature, by such a public
general law, could provide for the suspen-
sion of the provisions of the constitution
as to the vote required to pass an act of
the General Assembly?
DELEGATE GALLAGHER: Yes, sir,
it would.
THE CHAIRMAN: Would it be con-
templated that they could provide for sus-
pension of the veto power of the governor?
DELEGATE GALLAGHER: It would
not, if there would be a governor in office,
someone holding the office.
THE CHAIRMAN: Would it be contem-
plated that they could provide that during
the period of the emergency monies could
be expended out of the state treasury with-
out the warrant of the comptroller or
check of the treasurer?
DELEGATE GALLAGHER: Yes, sir, it
would, if those persons could not perform
their duties within the time necessary or
were not present or presumed to be dead
or disabled.
THE CHAIRMAN: In other words,
would it be fair to say that the intent of
the second sentence of this section is that
the General Assembly could, by law, pro-
vide for the suspension of constitutional
provisions only to the extent that by reason
of the emergency the constitutional provi-
sions could not be given effect?
DELEGATE GALLAGHER: Yes, sir,
that is correct.
THE CHAIRMAN: But that the consti-
tutional provisions could not be suspended
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to the extent that notwithstanding the
emergency they could be given effect?
DELEGATE GALLAGHER: That is
correct.
THE CHAIRMAN: Are there any other
questions?
Delegate Bennett.
DELEGATE BENNETT: Delegate Gal-
lagher, further with regard to the ques-
tions that the Chairman put to you, section
9 of the personal rights article, reads as
follows, as you perhaps recall: "The right
of the writ of habeas corpus and the pro-
visions of this constitution shall not be
suspended."
Now, aren't these two in conflict?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: No, sir, I
do not think so. We specifically disclaim
any intention that this section 3.19 could
in any way override any of the personal
rights guaranteed in the constitution, par-
ticularly the right of the writ of habeas
corpus.
In other words, we tried to limit our-
selves to two areas. One is the filling of
governmental offices, and the other is con-
tinuity of operation of government.
THE CHAIRMAN: Delegate Bennett.
DELEGATE BENNETT: I am just
wondering whether the Committee on Style,
with its enormous tasks, might try to rec-
oncile these and perhaps suggest an amend-
ment that during a period of emergency
this provision of yours might apply.
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: We have
specifically limited the time within which
section 3.19 shall apply when we say "dur-
ing the period of any such emergency
only". We try to hold it down so that you
do not get a martial law situation where
you just go on and on and there is no
termination date as to when these suspen-
sions come to an end.
THE CHAIRMAN: Delegate Gallagher,
could I illustrate your point by another
question, and correct me if I am wrong.
Is it contemplated that the General As-
sembly could by law provide, for instance,
that in an emergency judges, temporary
judges, could be appointed in some manner
other than the manner provided in the
constitution but could not deprive a citizen
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