Recommendation "its officers." Unless some-
body provides for "its officers" there seems
to be no authority that it should have any.
Therefore, in an effort to clarify the rec-
ommendation of the Committee, I would
urge adoption of this amendment.
THE CHAIRMAN: The Chair would
like to ask a question of Delegate Marion
for the purpose of clarification. I do not
understand whether your amendment means
that the governor would appoint such of-
ficers as the General Assembly may pro-
vide by law that he shall appoint, or
whether your amendment means that the
governor shall appoint such officers as the
General Assembly may by law provide that
there shall be. If the General Assembly
provides by law for one thousand officers
and is silent as to appointment, what is
the meaning of your amendment?
DELEGATE MARION: I thought for
a minute I was going to agree it was the
former but I think the purpose is the
latter. The General Assembly should pro-
vide by law for officers of the militia and
then provide that the governor should ap-
point them. I suspect that there would be
many officers the Governor would not ap-
point.
THE CHAIRMAN: I am not sure I
understand your amendment again. My
question is this. Does the language you
have used mean that the governor will
appoint only those officers which the Gen-
eral Assembly by laws says he shall ap-
point?
DELEGATE MARION: Yes, sir.
THE CHAIRMAN: Is there any further
discussion? Delegate Wheatley.
DELEGATE WHEATLEY: Mr. Chair-
man, I would like to amplify your question
somewhat if the maker of the amendment
would yield.
THE CHAIRMAN: Will Delegate
Marion yield?
DELEGATE MARION: Yes.
DELEGATE WHEATLEY: Am I to
understand if the General Assembly pro-
vided by law for officers, they in the same
law could say that they would allow the
governor to appoint those above the rank
of colonel and, the rest would not be ap-
pointed by the governor. My question is
if this is true, who would appoint these
other officers, the General Assembly or
generals? Who would be the appointive
authority, is my question. |
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: I would think
that that would be provided by law.
THE CHAIRMAN: Delegate Wheatley.
DELEGATE WHEATLEY: Would it be
possible also for the General Assembly to
appoint some officers under your proposal?
DELEGATE MARION: If they would
so provide, yes, I think that would be pos-
sible. I am not sure that it is desirable, but
all I am trying to get at is what seems to
be an ambiguity in the words "its officers."
Having read that far in the proposal, I
do not see that it has any officers.
THE CHAIRMAN: Delegate Wheatley.
DELEGATE WHEATLEY: Mr. Chair-
man, I am in opposition to the proposed
amendment on the same ground upon which
1 opposed an earlier amendment, that is
that we must draw some clear lines of
authority. I can think of no valid reason
why a commander-in-chief would delegate
the appointment of those under him to
some other agency. Nor do I think it right
to allow another branch of government to
appoint those people.
I can see all types of abuses that might
develop from this. I think it would be fool-
hardy to establish a principle where gen-
erals might appoint those under them.
Likewise, I can see all types of abuses de-
veloping where the General Assembly
might appoint lieutenants and captains and
majors and colonels.
For that reason, I think we must define
line of authority. If we are making the
governor the commander-in-chief of the
militia, I submit that just as the President
indirectly, and directly in the final analy-
sis if it were ever tested, appoints all com-
missions and officers of the United States
government, so should the governor of this
State have the authority to appoint and
commission those officers of the militia as
are provided by law.
THE CHAIRMAN: Delegate Schneider.
DELEGATE SCHNEIDER: Mr. Presi-
dent, I wonder if I could ask a question
of Delegate Wheatley.
THE CHAIRMAN: Will Delegate
Wheatley yield for a question?
DELEGATE WHEATLEY: I would be
most happy to yield, Mr. Chairman.
DELEGATE SCHNEIDER: Appoint-
ment of the officers of militia, technically |
