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almost inevitably when you read one of
the earlier provisions, a question pops into
your mind. It is answered later on, but if
you stop and ask it now, we lose a lot of
time.
I do not mean by these comments to de-
part at all from what I said several days
ago, because we do want to have a full
explanation. I mean rather that the kind
of explanation we hope to give you will
have you better able to understand the full
document.
Delegate Boyer, will you proceed, or
Delegate Hardwicke?
Delegate Hardwicke.
DELEGATE HARDWICKE: I think-
last evening we pretty well had a general
discussion of the first eight sections and,
therefore, unless there is some objection
I propose to commence on page 4 of the
blue sheet, the committee recommendation,
at section 9, and just cover in a very broad
way the matters set forth in these sections.
And if you will follow along with me on
the white memorandum on page 5 which
is a section-by-section explanation of the
committee recommendation, I think that
you can answer a lot of the questions you
have in your own mind by referring to
the white memorandum.
Section 9 makes it clear that the gov-
ernor, lieutenant governor, attorney gen-
eral, and comptroller who will be in exist-
ence under the new constitution will stand
for election on the first Tuesday in Novem-
ber of 1970.
Section 10 preserves in office the gover-
nor, the attorney general, comptroller, and
treasurer until their terms expire, which
is January 6, 1971.
Now, of course, as I think this was ex-
plained at the time we went through these,
there is a slight discrepancy of a couple
of weeks in these offices. This language will
continue them all until the same date.
Section 11 makes it clear there will not
be a lieutenant governor until January 6,
1971.
Section 12 makes it clear if the governor
should die or become disabled prior to the
time that we have a lieuten'ant governor,
the present method of succession in the
office of the governor will be continued.
Section 13 was taken from the body of
the executive article which provides the
mechanism whereby there shall be a reor-
ganization of the executive branch, and
provides, as you will recall, for action by
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the General Assembly and, if the Genera
Assembly fails to act, for action by the
governor.
Section 14 continues in effect the board
of public works as a constitutional board
until January 6, 1971. You will recall that
the prior Constitution has very skimpy and
to some extent antiquated duties for the
board of public works, that the board of
public works is basically the statutory
board, as it is. We, to do a minimum of
violence, have continued their present con-
stitutional functions until January 6, 1971.
These sections, you will notice, refer
back to the sections that are referred to.
Section 4.06 and 4.11 relate to the guber-
natorial succession, and provide that those
provisions for the governor being suc-
ceeded by the lieutenant governor and so
forth will not go into effect until January
G, 1971. So until that date the governor
will be succeeded by the president of the
Senate pursuant to the terms of the exist-
ing Constitution.
Section 4.20 relates to the duties of the
comptroller. As you know, the duties of
the comptroller are not set forth at great
length in the new constitution, and this
section 4.20 which sets forth the duties of
the comptroller, defers until January 6,
1971, the time at which there would be a
comptroller elected pursuant to the Novem-
ber elections of 1970.
So much for the executive article.
Now, in the judicial branch, let me point
out some things of a general nature and
then I will skip over this and we will come
back to it in more detail in our section-by-
section discussion.
First of all, when this constitution goes
into effect on July 1, 1968, it is our ex-
pectation that the three higher courts in
the three upper tiers — that is to say in
the Court of Appeals, the intermediate ap-
pellate courts and the superior courts —
will be merely the same courts as now
exist. The judges in the equivalent court
as now exist will simply be transferred to
the new court structure. As far as the
three upper tiers are concerned, the Court
of Appeals, the Intermediate Court of Ap-
peals, and the Superior Court, all of the
judges occupying the Court of Appeals, the
Intermediate Appellate Court, and the cir-
cuit court in the several counties, will be
transferred automatically to the three up-
per tiers.
As to the district court, quite a few of
the sections that are going to follow —
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