stitution to provide for legislative acts, and
I think this question has been asked, if
not answered. I would suggest to those
who oppose this amendment and might
want to vote for it that they include some
sentence to the effect that the General As-
sembly may implement this provision by
law. If you do not include that, I think you
have nothing. Thank you.
THE CHAIRMAN: Delegate Mitchell.
DELEGATE MITCHELL: I would
like—
THE CHAIRMAN: Just a second. Dele-
gate Gallagher, would you yield for a ques-
tion?
DELEGATE GALLAGHER: I would,
sir.
THE CHAIRMAN: Delegate Mitchell.
DELEGATE MITCHELL: Delegate Gal-
lagher, since this is a very unusual pro-
posal, could you tell us if this has been
tried by other States, if it is in their Con-
stitutions, and if so what the effect of it
has been?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Delegate
Mitchell, as I understand it, the legislative
act is used in all, but is not authorized by
the Constitution. It is authorized by legis-
lation. I would say in furtherance, Mr.
Chairman, that this section is merely an
authorization section and that I would ex-
pect that the General Assembly would pro-
vide implementing legislation to cover the
areas of the question we heard earlier.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition to the
amendment? Delegate Marion.
DELEGATE MARION: Mr. Chairman,
I have a question if I might, of Delegate
Gallagher.
THE CHAIRMAN: We will find out if
someone desires to speak in opposition
first. Delegate Hardwicke.
DELEGATE HARDWICKE: Mr. Chair-
man, I think that Delegate Harkness prob-
ably put his finger on it when he pointed
out they hadn't gotten a loaf nor half a
loaf. This isn't any bread at all. This is
just the wrapper, and the trouble is that it
could be just a little bit insulting to these
counties just to hand them the wrapper, no
bread; and consequently, it may be that
they will have to take care of their local
problems through local legislation. |
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor? Delegate
Marion? Do you desire to ask a question?
DELEGATE MARION: Yes, of Delegate
Gallagher.
THE CHAIRMAN: Delegate Gallagher,
do you yield for a question?
DELEGATE GALLAGHER: Yes.
DELEGATE MARION: We have been
proceeding up to now, have we not under
the assumption that each delegate in the
General Assembly will represent a specific
number of people. Is that correct?
DELEGATE GALLAGHER: That is
correct.
DELEGATE MARION: So if we were to
adopt this in addition to the delegate rep-
resenting a certain number of people, a
portion of that group of people would have
not only a delegate, but a second voice; is
that not true?
DELEGATE GALLAGHER: That is
correct.
DELEGATE MARION: So, it is kind
of a reverse twist, is it not, on the frac-
tional voting, instead of one to one body,
with less than a full vote, this is more than
one body, with one vote?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: I contem-
plated that those counties which did not
find after an election that they had a
resident representative in the House of
Delegates and the General Assembly would
feel that they should have a county voice
as such, and the purpose of this proposal
is not to add a vote, which we agreed we
cannot do, but to add a voice. I think the
voice is quite important to the counties,
and I would really rely upon their wishes
with respect to whether or not they would
consider it too little or even an insult, as
has been suggested.
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: Under the lan-
guage in the amendment which I see be-
fore me, is it not possible that a county
could be almost all of a legislative district,
and therefore not entitled to elect at least
one delegate within the boundaries of that
county, and in fact, elect a delegate who
resides in that county, and then on top of
that be entitled under this to a non-voting
delegate? |
