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I suppose in everything .there must be a
favorite play toy, and I believe consumer
protection has become the play toy of the
Convention.
Listen to this. Now, we have already
in our constitution recognized that our
society has changed from an agrarian age
to an industrial age to the present tech-
nological age, because we have recognized
that these forces in society have caused
havoc in many areas.
We have recognized it first by constitu-
tionally giving relief to the farmer, be-
cause of his economic disadvantage. Sec-
ondly, we have constitutionally recognized
it with a vote of 127 in favor and 21
against, that our changing society will
continue to have harmful effects on na-
tional resources, trees, rocks, rivers and
streams. We have also recognized that
the same society is causing a disadvan-
tage to the working man. We have consti-
tutionally recognized that he needs
something.
Now, all I am urging is consistency. Now,
if we are going the way of Delegate Scan-
lan, let us go that way. If we are going to
recognize economic advantage in some, let
us recognize it in all.
I urge you to be consistent, and recog-
nize the needs of the last group of people —
the consumer.
THE PRESIDENT: Delegate Marvin
Smith.
DELEGATE M. SMITH: Mr. President,
this grants no power that the General
Assembly would not otherwise have. Now,
I have before me the definition of police
power from BLACK'S LAW DICTIONARY.
Police power is defined as an authority con-
ferred by the American constitutional sys-
tem upon the individual states through
which they are enabled to adopt such reg-
ulations as tend to prevent the commission
of fraud, violence or other offences against
the state; and to arrest criminals and to
secure generally the comfort, health and
prosperity of 'the state by preserving the
public order, preventing a conflict of rights
in the common intercourse of the citizens,
and insuring to each an uninterrupted en-
joyment of all the privileges conferred
upon him by the laws of his country.
This provision is going to be, as Dele-
gate Adkins said here on something else
the other day, the holding out to the people
the promise of a giant quart size, that the
General Assembly cannot put into effect,
really. The General Assembly can do every-
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thing that it needs to do without this
provision.
Delegate Freedlander, in her memoran-
dum has well pointed out the fact that the
General Assembly has already acted in this
field. Really it accomplishes nothing other
than to hold out hope that cannot be
fully fulfilled.
THE PRESIDENT: Delegate Bennett.
DELEGATE BENNETT: Mr. President,
Vice President Nixon, a gentleman whom I
do not often quote, has said that there are
two wars that the American people face, one
in Vietnam, and one here.
Every survey that has been made shows
the validity of this statement. Opinion Re-
search Corporation, may I say Delegate
Taylor, has recently studied this matter,
and they have shown that the riots were
generated less by denial of political rights
than they were motivated by animosity
toward the way the NegToes are exploited
by merchants, by credit agencies, by stores
that raise prices at times when welfare
checks come out. Those are facts, and an
expression, it seems to me, of a disapproval
of this sort of practice and a demand that
the General Assembly take some action
that would be as much as this Convention
or any other body could do to solve this
problem of the war between the two groups
in our society.
We must respect this motion. Otherwise it
will be considered that we are calloused
toward the needs and the rights of the dis-
inherited and the underprivileged.
I urge you to reject the motion.
THE PRESIDENT: The Chair recognizes
Delegate Gleason as the final speaker in
favor of the amendment. You have slightly
less than one minute.
DELEGATE GLEASON: Mr. President,
I think that those of us who will support
the motion to reconsider are entitled to
ask a little fairness. We admit — and I think
everyone on the floor admits — that there
are certain business practices which are un-
fair, harmful and deleterious to the public
welfare. We will also have to agree that
there are certain labor practices, govern-
ment practices, professional practices,
which are also harmful and deleterious to
the public welfare. Why have you not in-
cluded those practices in this amendment?
The reason they have not is that we vest
the legislature with plenary powers to deal
with them. If they do not deal with them
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