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statutory authority to exercise functions of local govern-
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ment law making.
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DR. BURDETTE:. Or to change the structure of
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the county government.
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THE CHAIRMAN: That is right.
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MR. KELVIN: Even the non-home rule counties
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under 25 do have in a sense certain legislative power.
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They don't call them actual legislation, but they are
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ordinances of County Commissioners acting under the broad
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powers granted by 25.
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DEAN FORDHAM: Would that include county zoning?
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MR. MELVIN: Yes.
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DEAN FORDHAM: that is legislating.
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Mr. Chairman, the reason I embraced this theory,
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vhich some people call a residual powers theory, is this.
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I studied home rule a long time and I observed in many
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states that, for example , some of the early home rule
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states like California, Missouri was the first, California
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was the second, Missouri in 1875, California in 1879, in
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some of those early provisions, true to for some later ones,
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the attempt was made to draw a line between what was a
state concern on the the one hand and a municipaconcern on ——
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