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first section, section 12 of Article 23 A,
says that pursuant to the power granted
by XI-E, the following sections are en-
acted.
I think it is desirable, I think it is
necessary, whatever the words are, that
this go into at least the legislation por-
tions of what we are doing now.
THE CHAIRMAN: Delegate Carson,
may I try to paraphrase that, if I fol-
lowed you?
Are you saying that the municipal cor-
porations have no existing power with re-
spect to amendment of their charters, ex-
cept what is derived from the present
Constitutional provision which you em-
bodied in section 33B?
DELEGATE CARSON: I am, Mr. Chair-
man, and I am saying that the provisions
of Article 23A are only procedural imple-
mentations of the power granted by Ar-
ticle XI-E.
THE CHAIRMAN: And you are saying
that they have no power except that is
derived from Article XI-E; is that correct?
DELEGATE CARSON: I am saying
that in reference to charter amendments,
yes, Mr. Chairman.
THE CHAIRMAN: Then I ask you
about the second question, and that is, as
to the right of this Convention to include
it. Is it, conceding that it is a provision in
the existing Constitution that is not being continued in the new constitution, is it
one as to which legislation is imperative
before the General Assembly can act?
DELEGATE CARSON: In my opinion,
Mr. Chairman, it is.
THE CHAIRMAN: Why?
DELEGATE CARSON: I think it is, if
the constitution is passed, and this lan-
guage no longer exists, then the powers of
the municipalities, with regard to charter
amendments, may possibly be held to have
gone by the wayside until the General As-
sembly can thereafter act, and there may
be a gap. There may be a gap until the
next regular legislative session, in which
no legislation fills this gap.
I think, therefore, it is necessary.
THE CHAIRMAN: Delegate James.
DELEGATE JAMES: Mr. Chairman,
the language, "existing powers as drawn",
and interpreting the phrase, "existing
powers", does that include the power of
amendment?
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THE CHAIRMAN: That is the point
I am trying to get to.
DELEGATE JAMES: It seems to me
that you leave the question open.
You carry forward the constitutional
provision in the transitional schedule of
legislation. By so doing you make it very
clear that this existing power is intended
to include the power to amend. At least
you clarify any difficulty.
THE CHAIRMAN: Delegate Carson, if
I may just in one more sentence try to
summarize the result of the colloquy be-
tween you and the Chair: If I follow you,
you justify this section on the ground (1)
that the only clear, existing power of mu-
nicipalities with respect to the amendment
of charters exists by virtue of Article XI-E
of the Constitution, and that unless that
is perpetuated in this section, then between
May 14, 1968, and the next session of the
legislature, the power of municipalities to
amend their charters, if not completely non-
existent, is at least in grave doubt.
Is that your position?
DELEGATE CARSON: That is, Mr.
Chairman, and in the Hitchins case, I be-
lieve it is the Hitchins case, makes it clear
to me in my reading of it, and the Sobeloff
Commission cited this case, that the power
does eminate from this, and this alone, and
did not exist prior to this being in Article
XI-E.
THE CHAIRMAN: Is there further dis-
cussion?
Delegate Chabot.
DELEGATE CHABOT: May I ask a
question of Delegate Carson?
THE CHAIRMAN: Delegate Carson, do
you yield to a question?
DELEGATE CARSON: Yes, sir.
THE CHAIRMAN: Delegate Chabot.
DELEGATE CHABOT: In section 7.05,
we use the word "existing" at two places:
on line 18 we clearly say "existing at the
effective date of the Constitution."
My question is: When we use the word
"existing" on line 21, we are talking about
that same date, or are we talking about at
any time that a municipality wishes to
take one of the acts referred to in section
7.05?
THE CHAIRMAN: Delegate Carson.
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