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would the General Assembly by law be able
to authorize a local government to pass
such a statute?
DELEGATE KEY: I mean would they
be able to pass a law giving the local op-
tion just as section 5 does? That is what
I think I mean. In other words, the pro-
ponents of the local school system would
be included in the Constitution. I think
we are interest in the local governments
being able to put the referendum to the
people, the kind of school board they
wanted. Can this be done by general public
law?
THE PRESIDENT: The question is not
easy to answer, Delegate Key, and the
Chair will give an answer to the extent
that I fully understand your question with
the understanding that any delegate may
dispute what the Chairman says.
If the clause covered by Amendment No.
21 is deleted, the General Assembly would
not have the power to enact local legisla-
tion in the field of education. The General
Assembly would retain the power to enact
public general laws in the field of educa-
tion as in any other field and the General
Assembly would retain the power to au-
thorize a county on an individual basis to
enact local laws in the field of education.
In other words, the authorization by the
General Assembly to the counties would not
have to be by general law. It could be on a
county to county basis and if by local op-
tion this is what you mean, that is the
option to the governing board in any
county to act subject to such standards as
the General Assembly may prescribe. Then
the answer would be in the affirmative that
the legislature notwithstanding the dele-
tion of this clause would retain the power
to enable the county to act in this field.
This is not the complete answer to the
question and the most difficult part has to
do with the decision of what is a public
general law. I hesitate to get into it be-
cause it is a matter that has been the sub-
ject of so much dispute. I think it can say
that a public general law must apply state-
wide, but that does not necessarily mean
that the public general law must apply
with absolute uniformity in every area of
the state. To illustrate, the General As-
sembly always has the power of public
general laws to classify. It may make a
law that says such and such shall happen
in cities over five hundred thousand and so
forth.
I think that is as far as the Chair goes
in its desire to comment. Does any other
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delegate desire to speak in favor of the
amendment?
Delegate Winslow.
DELEGATE WINSLOW: For whatever
it is worth, I think that history should be
kept straight. A few minutes ago Delegate
Lord gave the impression that it was to
be assumed that a majority of the Local
Government Committee was not behind this
amendment. I would suggest a reading of
the list of sponsors numbering nine and to
that list add one more of Local Govern-
ment, namely, Winslow, means ten of the
Committee in opposition to this provision
of the Drafting Committee.
THE PRESIDENT: Delegate Frank
Robey.
DELEGATE ROBEY: Mr. President, I
would simply like to say that I share some
of the grave doubts that Delegate Key
spoke of a few minutes ago. As long as
we have those doubts, I would urge the
Convention to oppose Amendment No. 21
and retain the phrase pertaining to public
education in the constitution.
Education is a state function. The power
of the state legislature over public educa-
tion should be plenary or complete. If we
adopt this amendment, it simply will not
be. The authority over schools and school
affairs is a central power which should re-
side in the legislature of the State. It is
for the lawmaking power to determine
whether the authority shall be exercised
by the State Board of Education or dis-
tributed to county or to city school
systems.
As the power over schools is a legislative
one, it is not exhausted by exercise. The
legislature, having tried one plan, should
not be precluded from trying another. It
has a complete choice of methods and it
should have the complete choice. They
should be able to change the plans as aften
as they deem necessary or experient.
While here, I should direct my comments
to two other areas. The basis of establish-
ing school systems or districts or altering
their boundaries should vary, but it is
clear that the legislative branch of govern-
ment should have this authority to create
or alter school districts in the state.
It may not assign to them the same
boundaries as counties. It may classify
them on reasonable basis such as operation
for the operation of various school laws.
A school system or district is legally an
agent of the State responsible for the state
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