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In other words, there is a whole section in
the Code. The problem is the whole section
of the Code. The authority for it is Article
XI-E of the Constitution. Because of the
fact that the Constitution goes out of ex-
istence, this would mean that there would
be no authority to implement that section of
the Code, although all the procedures set
out in the Code continue in effect. The au-
thority to do so does not.
THE CHAIRMAN: Delegate Miller.
DELEGATE B. MILLER: I hate to be-
labor this point, but I thought when we
wrote it in the local government article we
said the General Assembly shall have the
power over the municipalities and it seems
to me that we ought to leave it that way
and let the General Assembly act. I do not
see any reason for this, or I would like to
understand it.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: First of all, the
General Assembly does have the power over
the municipalities. The constitution says
that the municipalities shall retain all their
existing powers. One of the existing powers,
the power to amend their charter, is con-
tained in Article 23A of the Code as a pro-
cedure, XI-E of the Constitution is the
authority. It is simply a transitional pro-
vision. It is a piece of legislation. If the
legislature does not like it, they can re-
peal it.
THE CHAIRMAN: Are there any fur-
ther questions? Delegate Miller?
DELEGATE B. MILLER: No, I think
I would like to comment at some point.
THE CHAIRMAN: Very well. You may
do so now.
DELEGATE B. MILLER: I have some
hesitation about a schedule of legislation
that will get so long and so cumbersome
that the General Assembly will feel that
this is not truly a constitution or a con-
vention session but an extra session of the
General Assembly. I think that when we
have clearly delineated in this constitution
what it is we expect from the General
Assembly, we ought to leave something for
them to do. I would oppose this amendment.
THE CHAIRMAN: Delegate Moser.
DELEGATE MOSER: Mr. Chairman, I
rise in favor of this amendment, and I hope
possibly to answer some of Delegate Miller's
doubts about it, and I hope I can persuade
her and anybody else who has any doubts
to vote for it. It is merely a perfecting
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provision, and Delegate Grant described it
I think fairly well. I point out, however,
that every one of these items that we are
approving in the schedule of legislation, the
General Assembly could pass if they wanted
to, but this is an item which I think falls
into the first category that Delegate Hard-
wicke explained as being an item appro-
priate for the schedule. That is to say, an
item which is in a section of the prior Con-
stitution, which section of the prior Consti-
tution is not itself being carried forward,
but which section of the prior Constitution
is necessary to carry forward as a schedule
of legislation.
Now, the General Assembly can always
amend this, but it is necessary to carry it
forward in order to authorize the munici-
palities to amend their charters. If the
General Assembly did not within a suffi-
cient period of time after the effective date
of the new constitution pass such a law,
just as is the case with all the other provi-
sions of the schedule, then there would be
a problem.
I further point out that when the local
government article was presented on the
floor at first reading, I was asked ques-
tions by Delegate Adkins, Delegate Roger,
and Delegate Kirkland, specifically as to
whether the provision was intended to per-
mit the existing municipalities to amend
their charters, and I said yes to all three
questions, and I further said that there
would be a provision recommended by the
Local Government Committee in the sched-
ule of legislation to accomplish that, and
this is that provision.
THE CHAIRMAN: Delegate Boileau.
DELEGATE BOILEAU: Mr. President,
if I might just expand for a moment on
some of the items that the Chairman of the
Local Government Committee mentioned,
we are talking here not about expanding
powers of municipalities in any way, shape,
or form. We are talking about charter
changes that would have simply, for ex-
ample, changed a commission form to mayor
and council form. They are merely house-
keeping changes within the municipalities
themselves. They cannot in any way add
to the power that is given to them by the
General Assembly or by this Constitution.
THE CHAIRMAN: Is there any further
discussion? Delegate Macdonald.
DELEGATE MACDONALD: Mr. Presi-
dent, fellow delegates, I rise in opposition
to this amendment. I really do not under-
stand it in the first place, and, secondly, if
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