It will be here very shortly, but in view
of the rule that requires it to be printed,
we will move to section 2 and come back
immediately thereafter to section 1. I take
it your amendment to section I, or dele-
tion, whichever it is, in no way affects the
consideration of section 2, Delegate Scan-
lan?
DELEGATE SCANLAN: That is cor-
rect, Mr. Chairman.
THE CHAIRMAN: Delegate Koss.
DELEGATE KOSS: Mr. Chairman, I
regard that as non-substantive; it is a
question of style. I would have no objection
if you want to suspend the rule on that.
THE CHAIRMAN: Delegate Schloeder.
DELEGATE SCHLOEDER: I will move
to suspend the rules, if that is proper, at
this time.
THE CHAIRMAN: The motion is to
suspend the rules to permit consideration
of an amendment, to strike section I, con-
sisting of lines 9, 10 and 11. I do not think
we should do this, because this is in the
Committee of the Whole. Let me do it an-
other way if I may, please.
DELEGATE SCHLOEDER: I was just
advised by the Committee Chairman of the
Committee on Rules that it is not proper.
THE CHAIRMAN: It is not proper for
the Committee of the Whole. May I ask if
there is any objection to considering the
amendment, which is not printed, but is on
its way, and which would have the effect
of deleting the entire section I, lines 9, 10
and 11. Is there any objection? In the ab-
sence of objection, the Chair will proceed
to a consideration of the amendment. Dele-
gate Scanlan. Is the motion seconded?
(Whereupon, the motion was duly sec-
onded.)
DELEGATE SCANLAN: Mr. Chair-
man, fellow delegates, I hope we avoid the
error to which we are all tempted at times.
Being on the Legislative Committee, I
along with my colleagues succumb to the
temptation to put things into the constitu-
tion that need not be here, and would be
better left out. We are not drafting a code
of laws. We are not drafting a set of
statutes. The section I as it now stands
states that the people reserve to them-
selves the power known as the referendum,
and then proceeds to delegate that power
to the various agencies of this State in the
sections that follow. |
I suggest, one, that it is unnecessary to
state that the people reserve to themselves
the power of the referendum and secondly,
I think that it perhaps raises some compli-
cations. If the power is truly reserved to
the people, then despite what is said in the
sections that follow, there always could be
the argument that there was some petition
power still vested and residing in the people
that was not delegated in the provisions
of the constitution which followed. I think
it adds nothing. I think it serves only to
confuse but primarily, I think it is en-
tirely unnecessary.
The referendum power will be dealt with
in the constitution in the sections of the
Committee's Report that follow, and, there-
fore, I move that section I be stricken.
THE CHAIRMAN: Delegate Koss.
DELEGATE KOSS: Well, I would agree
with Delegate Scanlan that it makes no
substantive change in the recommendation;
I still would like to speak in opposition to
his amendment. First of all, this is cer-
tainly a power that the people reserve to
themselves—the power known as the refer-
endum. It can certainly not be taken care
of by statute, and I do not think Mr. Scan-
lan meant to say that. If it goes in, it has
to go in in the constitution, and secondly,
this is the language in the present consti-
tution. I cannot hope to compete with Mr.
Scanlan's eloquence, but I would like to
point out to him that the referendum and
the provision of it is a tool that is used
by the people. It is not used primarily by
lawyers, and that it is important to us
who are not lawyers to be able to look at
the beginning of a section and try to find
out what it means, without trying to go
through and read all the provisions.
I will not use that argument in terms
of everything else, but certainly in terms
of the referendum, I think it is valid.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment?
DELEGATE PULLEN: I would like to
ask a question.
THE CHAIRMAN: Delegate Koss, do
you yield to a question?
DELEGATE KOSS: Yes.
THE CHAIRMAN: Delegate Pullen.
DELEGATE PULLEN: I understand
the wording of that section and the fol-
lowing one, but I don't understand the |
