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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 801   View pdf image (33K)
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[Nov. 14] DEBATES 801

The Chair will recognize Delegate Hutch-
inson to put the question.

DELEGATE MOSER: I yield, sir.

DELEGATE HUTCHINSON: As I see
it, what your Committee has done is forbid
the General Assembly to change boundary
lines without approval of the people of the
counties affected.

On the other hand, what we have also
done is allowed the General Assembly to
change the form of the government of the
county in that the regional government
could in all probability supersede county
government in power. Is that not correct?

THE CHAIRMAN: Delegate Moser.

DELEGATE MOSER: I would say no,
that it is not what is intended.

THE CHAIRMAN: Delegate Hutch-
inson.

DELEGATE HUTCHINSON: Could you
explain that, because as I see it you could
form a regional government that would
have in some ways have some sort of
powers that would supersede the county
governments?

THE CHAIRMAN: Delegate Moser.

DELEGATE MOSER: In what respect
specifically? Give me an example of exactly
what you have in mind.

THE CHAIRMAN: Delegate Hutch-
inson.

DELEGATE HUTCHINSON: That is
what I am asking you because I have not
made up my mind. I wonder if there is any
possible way the regional governments
could supersede county governments.

THE CHAIRMAN: Delegate Moser.

DELEGATE MOSER: In answer to the
question that you asked, the last question
which I can answer, the answer is no,
county governments have to remain intact.

With respect to transfer of powers or
something like that, the General Assembly
could if it wanted to do so, take the opera-
tion of transit facilities or something like
that, and give it to a transit authority.

Of course, as I say, the General Assem-
bly could permit a referendum if it wanted
to do this.

THE CHAIRMAN: If Delegate Moser
will still yield to a question, the Chair will
recognize Delegate Schloeder to put the
question.

DELEGATE SCHLOEDER: I am still
troubled by the definition that Chairman
Moser gives of government. He said in his
earlier speech against the amendment that
a three-man elected commission, say a sani-
tary commission or transit commission,
would come under his definition of govern-
ment. It seems we may be talking about
two different things.

I still would like, if possible, a little more
light. I am still confused about his defini-
tion of government in this sense.

THE CHAIRMAN: Delegate Moser.

DELEGATE MOSER: Delegate Schloe-
der, I do not know how else to define gov-
ernment than to say it is a unit or body
that performs a service or function. It
could be very limited.

I know, this is really one of the prob-
lems with this whole area. This, of course,
is one of the reasons why we permit rather
than require a referendum in this situa-
tion — a government could be anything,
any body performing a service or function,
be it ever so slight.

Really, the only thing I can think of
offhand which the word "government"
would exclude would be an election district
or something like that, which does not
really perform a service or function.

THE CHAIRMAN: Delegate Schloeder.

DELEGATE SCHLOEDER: Then you
could have a number of governments. You
could have a county government, a transit
government, a sanitary commission govern-
ment, and a conservation government. Are
they all different? Are they interrelated?
Does one have authority over the others or
do they all have individual powers?

THE CHAIRMAN: Delegate Moser.

DELEGATE MOSER: That is the very
point of it all. We do not want the power
of the General Assembly to provide for co-
ordination in this area to be limited in any
way. Mandatory referendum would do that.
You might well wind up with governments
all over the place as you suggest.

THE CHAIRMAN : If Delegate Winslow
will yield to a question, the Chair will rec-
ognize Delegate Cardin to put the question.

DELEGATE WINSLOW: I yield.
THE CHAIRMAN: Delegate Cardin.

DELEGATE CARDIN: Delegate Wins-
low, in your speaking against the amend-
ment, I was under the impression that you

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 801   View pdf image (33K)
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