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The Chair recognizes Delegate Powers.
DELEGATE POWERS: Mr. President,
I move the Convention resolve itself into
the Committee of the Whole for the pur-
pose of considering general orders of the
day.
THE PRESIDENT: Is there a second?
(The motion was duly seconded.)
THE PRESIDENT: All those in favor
signify by saying Aye; contrary, No. The
Ayes have it. It is so ordered.
(Whereupon, at 2:20 P.M., the Conven-
tion resolved itself into the Committee of
the Whole.)
(The mace was removed by the Sergeant-
at-Arms.)
COMMITTEE OF THE WHOLE
JANUARY 4, 1968—2:20 P.M.
PRESIDENT H. VERNON ENEY,
PRESIDING
THE CHAIRMAN: The Committee of
the Whole will please come to order.
Delegate Boyer, Delegate Hardwicke.
There will be a few minutes before the
photographers are set up. I would like to
move ahead with the consideration of the
article.
We had concluded the presentation and
questions with respect to the schedule of
transitional provisions. We are now on the
schedule of legislation, page 15. Are there
any questions as to the preliminary para-
graph beginning on line 3 of page 15?
The Chair hears none.
Are there any questions as to section 1?
Are there any questions as to section 2?
Section 3? Section 4? Section 5? Section G?
Section 7? Section 8?
(There was no response to these
questions.)
Section 9?
Delegate Fornos.
DELEGATE FORNOS: Mr. Chairman,
I have an amendment to section 9.
THE CHAIRMAN: We are calling for
questions at this time. We have not come
to the amendments yet.
Delegate Mason.
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DELEGATE MASON: Mr. Chairman,
with respect to section 8, I understood you
to say that the legislature could change this
enactment the day after the constitution
was enacted, but would that not be in con-
flict with the provision in the constitution
that you cannot reduce salaries in the ex-
ecutive branch or increase them?
THE CHAIRMAN: The legislature could
change this provision the day after, but
it would not be effective as to the governor
then in office. It could be effective only as
to a governor not then in office for the
future.
Are there any other questions as to sec-
tion 8? Section 9?
Delegate Maurer.
DELEGATE MAURER: Delegate Hard-
wicke, does the provision that the governor
shall nominate by and with the advice and
consent of the Senate mean that on all
appointments that are created in statute,
in which they would say that appointed by
the governor would carry with it the ad-
vice and consent of the Senate, or is it to
apply on a narrower base, to just those
positions which are not otherwise described
by law?
DELEGATE HARDWICKE: Delegate
Maurer, this is the exact language that ap-
pears in Article 2, section 10 of the present
Constitution, and it is intended to con-
tinue until the legislature has an oppor-
tunity to act in this field. It is intended to
continue that as a statutory measure.
THE CHAIRMAN: I think Delegate
Maurer's question was whether or not this
would apply to any officer whose method of
appointment is prescribed by law.
Is that your question?
DELEGATE MAURER: One of the
questions, yes, sir.
DELEGATE HARDWICKE: That is
correct.
THE CHAIRMAN: I am afraid the
answer is not correct the way I put the
question.
Does it apply to officers if a different
method of appointment is prescribed by
statute?
DELEGATE HARDWICKE: If a dif-
ferent method is prescribed by statute, that
different method would be used.
THE CHAIRMAN: Delegate Maurer.
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