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had been made by the Committee in line
with what we believe to be the interpreta-
tion of the word "provide" in this instance
was inadvertently omitted, so that in line
8 it should read "establish and maintain"
and the same thing should be true in line
12. It shall also establish and maintain.
Please note this is one of the usual in-
stances of the word "provide". Here "pro-
vide" means not only provide for in the
sense of law, but also to supply and I think
this is a reasonable interpretation of the
meaning of the words and not any special
addition on our part.
THE PRESIDENT: Delegate Penniman,
the Chair would understand the word
"maintained" to mean to pay the cost of.
DELEGATE PENNIMAN: This is what
our understanding from the members of
the Committee talking to the Committee on
Style was.
THE PRESIDENT: If this is intended
it is such a radical departure from any-
thing previously discussed I think we ought
to have a comment from the Chairman of
the Committee.
DELEGATE PENNIMAN: I have no ob-
jection to leaving it out and having it come
in as an amendment under those cir-
cumstances.
THE PRESIDENT: Delegate Boyer, do
you or Delegate Wheatley desire to
comment?
DELEGATE BOYER: I wonder if you
would re-state the question.
THE PRESIDENT: Delegate Penniman
has indicated that the Committee on Style
inadvertently omitted on line 8 two words
to follow after the words "establish and
maintain" so it would read "The General
Assembly by law shall establish and main-
tain a statewide system of free public
schools".
DELEGATE PENNIMAN: And the
same change in line 12.
THE PRESIDENT: The Chair pointed
out that the word "maintain" would mean
that the General Assembly should provide
for state payment of the cost of the system
and Delegate Penniman said that was his
understanding of what the Committee on
General Provisions intended of the use of
the word "provide".
DELEGATE BOYER: After re-checking
with the Committee, "maintain" should ac-
company the word "establish".
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THE PRESIDENT: It is intended that
this be a complete reversal of the present
system of the financial support of public
education in the State.
DELEGATE BOYER: This is the exist-
ing language in the present Constitution
and we were following that example.
THE PRESIDENT: What section do
you refer to, Delegate Boyer?
DELEGATE BOYER: That is what we
are trying to find also, sir.
I would like to quote from Article VIII
of the present Constitution. This was our
foundation.
"Section 1. The General Assembly, at its
first session after the adoption of this Con-
stitution, shall by law establish throughout
the State a thorough and efficient system of
free public schools; and shall provide by
taxation, or otherwise, for their main-
tenance."
We were trying to follow as closely as
possible the precedent which has worked
so well over the last century.
THE PRESIDENT: The Chair suggests
that the use of the word "maintain" in
this context is quite different from the use
of the word in the quoted phrase in Article
VIII and my concern is that as I remember
the presentation of the report of this Com-
mittee there was no suggestion that the
system of free public schools should be
maintained solely by the State rather than
by the counties.
Now, maybe that is not the intention
now, but the Chair is very much concerned
at the use of the words coming in force
first time without some clear understand-
ing of what is intended.
The sentence would read as amended,
"The General Assembly by law shall es-
tablish and maintain a statewide system
of public schools", and in line 11 the sen-
tence would read "The General Assembly
by law shall also establish and maintain
any other public educational institutions
and services that may be necessary and
desirable", and so forth.
DELEGATE BOYER: Mr. President,
like all other honest disputes it could be
debated on either side of the record. By
adding the words "and maintain" would
mean concurrent jurisdiction with the local
subdivisions and that it can be delegated
to the local subdivisions as a practical
matter it is done now.
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