resources for public health, safety, and
welfare.
Was that not your question, Delegate
Groh?
DELEGATE GROH: Yes, sir.
THE CHAIRMAN: Is that the purpose
of the conservation article?
DELEGATE BOYER: No, sir. The pur-
pose is for the protection of natural re-
sources, and if it follows then, by court
interpretation or matters that might ac-
quire and accumulate in the next hundred
years, that police protection is expanded,
it would be inevitable that it would have
to; but we did not, per se, get into the area
of police protection.
There are many rules for success, but
only one rule for failure, and that is trying
to please everybody; and sometimes this is
very difficult.
THE CHAIRMAN: Are there any fur-
ther questions for purposes of clarification?
The Chair has one further question. This
may possibly arise with the Committee on
Style. That is the only reason I ask it: am
1 correct in assuming that regardless of
what, under the new constitution, may be
the authority of local subdivisions in the
area embraced by this article, it is the in-
tention of your Committee to affirm the
fact that the General Assembly shall have
authority with respect to the matters men-
tioned in this section?
DELEGATE BOYER: Absolutely, sir.
THE CHAIRMAN: Are there any fur-
ther questions for purposes of clarification?
(There was no response.)
If not, we will proceed to debate.
DELEGATE BOYER: Thank you, Mr.
Chairman.
THE CHAIRMAN: The question arises
on the approval of Committee Recommenda-
tion GP-3. It is now open for amendment.
Are there any amendments?
(There was no response,)
THE CHAIRMAN: If there are no
amendments, the approval of Committee
Recommendation No. GP-3—Delegate Hard-
wicke?
DELEGATE HARDWICKE: Mr. Chair-
man, I am in the process of preparing an
amendment. I am in sympathy with what |
the Committee on General Provisions is
trying to do here, but I think that I cannot
agree, with the answers that were given
by the Chairman with regard to court ac-
tion arising to compel the legislature to
enact legislation; and in the absence of the
legislature enacting such legislation, then
the court preparing such legislation. It
seems to me that that is bad policy, and a
very unfortunate precedent, should that
prevail.
THE CHAIRMAN: May 1 interrupt
you? What is the status of your amend-
ment at the moment?
DELEGATE HARDWICKE: It is being
prepared, Mr. Chairman, and it would
make it clear that this is a matter of policy,
not a matter of law.
THE CHAIRMAN: Could you state, so
that I can consider the matter, what the
nature of the amendment would be?
DELEGATE HARDWICKE: Yes, sir.
It would state, "it shall be the policy of
this State that the state government shall,
by appropriate action, conserve, enhance,
improve and protect the natural resources
and environment, and scenic beauty of the
State."
THE CHAIRMAN: Under the rule we
cannot act on the amendment until it is
printed and ready.
I would suggest to the Committee of the
Whole that we would save time, if there
were no objection, to proceed to a discus-
sion of the amendment, with the under-
standing that we would not act on it until
it is actually on each desk. Is there any
objection to that procedure?
In the absence of objection, the Chair
will recognize Delegate Hardwicke for the
purpose of discussing his proposed amend-
ment, with the understanding that we will
not act on it until it is printed and before
us.
I understand that the amendment is
actually in the process of being printed
now?
DELEGATE HARDWICKE: Yes, Your
Honor.
THE CHAIRMAN: You may proceed,
Delegate Hardwicke.
DELEGATE HARDWICKE: I can re-
peat it very slowly so the members of the
Committee can interlineate, if they so de-
sire. |
