legality. According to my English, the word
"referendum" means one thing, period, but
the next section invalidates the word.
THE CHAIRMAN: Delegate Koss.
DELEGATE KOSS: I am afraid I do
not understand Delegate Pullen's question.
If you would rephrase, it, please?
THE CHAIRMAN: Delegate Pullen.
DELEGATE PULLEN: The word "ref-
erendum," means you can refer anything,
but in the next section, you specify what
you can subject to referendum. I say it
may be legal and it may be correct. From
the standpoint of the use of the word, there
is a difference between Section I and 2. I
think I am supporting your position.
THE CHAIRMAN: Delegate Koss.
DELEGATE KOSS: Delegate Pullen, I
suspect that that would happen every place
else. In the section that we worked on
earlier this week, we said something about
legislative power being vested in the Gen-
eral Assembly. There are certainly ex-
emptions to the delegation of power, and I
think that this is the sort of thing that
happens when you try to write a constitu-
tion.
THE CHAIRMAN: Delegate Pullen.
DELEGATE PULLEN: I want to leave
it in, and I think left in it does something
to the next section. That is the question
I am asking you; does it?
THE CHAIRMAN: Delegate Koss, I
think the point that Delegate Pullen is ask-
ing you to address yourself to is this: he
is saying that as he understands the words
"the referendum", particularly as used in
section I and capitalized, it is a very broad
reservation of power to people without
limitation, and he therefore suggests to
you, or asks you whether or not you are
fearful that the effect of section I is to
nullify section 2, which puts limitations on
the power of referendum. Is that your
question, Delegate Pullen?
DELEGATE PULLEN: That is it, and
I want it to do that.
THE CHAIRMAN: Delegate Koss.
DELEGATE KOSS: I think my answer
to your question would be no. I do not think
it does; that the language in Section I is
not nullified by section 2.
THE CHAIRMAN: Delegate Sybert.
DELEGATE SYBERT: Mr. Chairman,
I would like to inquire whether Delegate |
Scanlan, the proposer of the amendment,
would yield to a question.
THE CHAIRMAN: Delegate Scanlan,
do you yield to a question?
DELEGATE SCANLAN: Certainly,
Judge Sybert.
DELEGATE SYBERT: Delegate Scan-
lan, earlier this afternoon, we passed the
Committee Recommendation LB-I of the
Legislative Branch, which granted the full
legislative power to the legislature; and in
view of that, isn't it necessary to amend
or reserve the power of referendum to the
people? Isn't it better at least to retain
section I of S&E-1?
THE CHAIRMAN: Delegate Scanlan.
DELEGATE SCANLAN: It is only
better, if you intend, as suggested by Dele-
gate Pullen's question, to reserve powers
of referendum that are not set forth in
the sections that follow. If you intend that
the sections that follow are not exclusive
powers of referendum to be observed in
this State, then by all means retain section
1; but if you intend that sections 2 through
6, or similar sections, as proposed by the
Committee are to be the power of refer-
endum, as exercised in this State, then you
should debate section 1. I think Delegate
Pullen's question pointed it up very well,
and I think yours does, too, sir. If there
is something more that is reserved that is
not set forth in sections 2 through 6, and
you want to reserve that, by all means keep
section 1; but if you want to vest refer-
endum power in its full scope with all
limitations upon it that you want, as set
forth in sections 2 through 6, then I think
you have an obligation to delete section 1;
so it is more than a matter of style. It be-
comes a matter of substance, and I think
both on style and substance, I am in favor
of deleting it.
THE CHAIRMAN: Is there any other
delegate desiring to speak in opposition?
Delegate Koss.
DELEGATE KOSS: Can I ask Delegate
Scanlan if he would yield to a question?
THE CHAIRMAN: Do you yield to a
question, Delegate Scanlan?
DELEGATE SCANLAN: If the ques-
tioner is Mrs. Koss.
THE CHAIRMAN: Delegate Koss.
DELEGATE KOSS: I cannot under-
stand your interpretation of S&E-I unless
you feel that the present Constitution, the |
