Power of Referendum line 1I following the
word "Referendum" add a comma and the
following words: "as set forth in this arti-
cle."
THE CHAIRMAN: The question before
you is on Amendment No. 2. Does anybody
desire to speak in opposition? Delegate
Macdonald.
DELEGATE MACDONALD: A parlia-
mentary inquiry, Mr. Chairman. It has
been said before that Amendment No. 2 is
an amendment to amend Amendment No. 1.
THE CHAIRMAN: It is not. The Chair
incorrectly stated it was an amendment to
the amendment. It is a perfecting amend-
ment to section I of Committee Recom-
mendation S&E-I and as such may be con-
sidered before we consider Amendment No.
I, which would delete the entire section.
Delegate Macdonald.
DELEGATE MACDONALD: My ques-
tion is, Mr. Chairman, why is the question
not on Amendment No. 1?
THE CHAIRMAN: Because Amend-
ment No. 2 is a perfecting amendment. It
is in order to perfect section I before you
act on the amendment to delete it so that
there will be a clear choice for the Com-
mittee of the Whole between deleting the
section and retaining it as perfected.
Is there any further parliamentary in-
quiry? Delegate Anderson.
DELEGATE ANDERSON: As I see it,
if we strike out those words, then there is
no reserve of power left, except those
things that are mentioned in paragraph 2.
THE CHAIRMAN: That is correct, and
I understand that is Mr. Scanlan's point.
THE CHAIRMAN: Delegate Anderson,
would you restate your last comment? The
reporter did not get it.
DELEGATE ANDERSON: The com-
ment that I made is, as I understand it,
this amendment will say, the people will
reserve to themselves the power known as
the referendum, as set forth in this article.
Now, if you adopt that language, the
only powers that people will have reserved
will be those things that are mentioned in
paragraph 2.
THE CHAIRMAN: That is the point,
as I understand it, that is made by Dele-
gate Scanlan, or one of the points.
DELEGATE ANDERSON: I do not
know what point he made. |
THE CHAIRMAN: I understand he
made the same point you are making.
DELEGATE ANDERSON: I am glad
to know he is making the same point that
I made, and I understood Judge Hender-
son made the point also. I think that first
paragraph I is very essential, without
change.
THE CHAIRMAN: Does any delegate
desire to speak in opposition to the clarify-
ing amendment to Section 1? That is the
question before you. Delegate Rybczynski.
DELEGATE RYBCZYNSKI: Mr. Chair-
man, back in the Committee, it was at my
suggestion that we inserted this statement.
My purpose in suggesting it at that time
and my argument at that time was the same
as it is now. The reservation was to be for
all levels of government within this State;
that is, county, municipal, and the state,
and that thereafter the definition sections
would apply to those laws enacted by the
state legislature.
Now there has been a comparison of this
wording with the wording in the legisla-
tive power. Let us read 3.01. "Legislative
power of the state is vested in the General
Assembly." Let us compare it to this: "The
people reserve to themselves the power
known as the referendum."
As was stated before, it could very well
go into the section on Personal Rights and
Preamble. However, in order to keep things
together, we thought it best to include it
in this section, and the adding of the words
by Delegate Chabot will do exactly what
Delegate Anderson is fearful of; that is,
at the time that the referendum is chal-
lenged in a city charter, it is very possible
that a court will say, no, a city charter
cannot have power of referendum because
it is no set out in paragraphs 2 to 6.
I strongly suggest that we all vote
against Delegate Chabot's proposal.
THE CHAIRMAN: Does any delegate
desire to speak in favor of the clarifying
amendment? Delegate Mason?
DELEGATE MASON: I would like to
ask the Chairman a question.
THE CHAIRMAN: Delegate Koss?
DELEGATE MASON: Yes.
THE CHAIRMAN: Let me see if some-
one wants to speak in favor first. Does
anyone desire to speak in favor of Amend-
ment No. 2? Delegate Chabot.
DELEGATE CHABOT: I find it difficult |
