DELEGATE BOYER: I think it is both,
Delegate Willoner, a statement of general
policy, and a clause with very direct opera-
tive effect because it would pointedly for
the first time give natural resources con-
stitutional recognition. It has never been
considered so because there was no need
for it, and this would allow and point out
to the General Assembly that we as dele-
gates are cognizant of that fact and wish
them to take some steps to protect our
natural resources.
THE CHAIRMAN: Delegate Willoner.
DELEGATE WILLONER: What would
be the applicable effect.
DELEGATE BOYER: I do not under-
stand your question.
DELEGATE WILLONER: You said it
would have an operable effect. My question
is, how would it operate, other than as a
remainder to the legislature to take cer-
tain acts. We are interested in conservation.
What could be the effect of it, judicially?
DELEGATE BOYER: 1 imagine that
would be up to the judicial branch to deter-
mine what the judicial effect would be.
Operatively it would certainly point out to
the legislature, that it was our thought
that there should be some protection of our
natural resources and conservation taken
by the General Assembly because it says
the General Assembly shall provide by law.
THE CHAIRMAN: Delegate Boyer, if
I could interrupt, maybe the difficulty is
with the use of the word "operable". I
think Delegate Willoner means will this
provision be self-executing in any way or
will it require legislation to implement it.
DELEGATE BOYER: It will require
legislation. The General Assembly shall by
law provide for it.
THE CHAIRMAN: Delegate Scanlan.
DELEGATE SCANLAN: I have two
questions of the Chairman of the General
Provisions Committee. First, does this pro-
vision vest any power in the General As-
sembly that it does not already have by
virtue of its plenary power, and secondly,
if for example, the General Assembly
failed to enact legislation to enhance and
to protect the natural resources, environ-
ment, scenic beauty of the State, would
there be any power by which they could be
mandamused to do so?
DELEGATE BOYER: In answer to your
first question, if there is any question about
whether the General Assembly has the |
power to do it now this would remove all
doubt. In answer to your second question,
it appears to me that the law is, if the
constitutional provision is passed and the
General Assembly is put on notice that they
shall by law provide for enhancement, im-
provement and protection of natural re-
sources, and if, following that, they refuse
or neglect to do so, certainly the court by
mandamus could direct them to act.
THE CHAIRMAN: Delegate Scanlan.
DELEGATE SCANLAN: With respect
to your answer to the first question, you
indicated that there was some doubt, and
I wanted to make clear whether the re-
search of your Committee had indicated
that there was any doubt that the General
Assembly now has the power to do what
they are asked to do here, and secondly,
the answer to the second question, are
there any precedents in this State where
the court, any court of this State has ever
mandamused the legislature to do anything?
THE CHAIRMAN: Delegate Boyer.
DELEGATE BOYER: In answer to your
first question, the legislature, as you know,
has for years been gradually increasing its
interest and attention to natural resources,
air pollution, water pollution, et cetera. We
felt that there probably was ample au-
thority, statutorywise, for the General As-
sembly to continue it. However, if—I did
not indicate there was any doubt—but if
there was doubt in anyone's mind, and
there seemed to be in the eyes of interested
citizens who testified before us, this would
remove all doubt.
In answer to your second question, we
could find no precedent where the General
Assembly was mandamused, or required to
act. They seemed to have been gradually
doing this voluntarily on an increasing
basis, but this would make it certain by
including language in the Constitution
which mandated action.
THE CHAIRMAN: Are there any other
questions? Delegate Byrnes.
DELEGATE BYRNES: Mr. Chairman,
you mentioned briefly air and water pollu-
tion. I would like to ask you at this time,
does the word "environment" include such
a mandate to the legislature to look into
the matter of the general protection of air
and water? Is this what is intended by the
use of this language?
DELEGATE BOYER: The word "en-
vironment" was the last addition that we
made to our recommendation here. If you |
