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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 973   View pdf image (33K)
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52

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the other. The home rule power was devolved upon the so-

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called home rule -unit with respect to municipal affairs.

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The courts have found a great deal of difficulty

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with that distinction. In my judgment, it is an unsound'

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distinction. There is no fundamental universal distinction

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of that sort. Things change and they found it that way.

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In the early days, they thought of traffic

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control in the city as local. But that has long since gone

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by the board with all freedom of movement of people and

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motor vehicles, et cetera.

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It v?as a very difficult matter. They dumped

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the question of what was a home rule matter in the laps

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of the courts, so there is a great proliferation of cases

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on this matter.

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It seems to me we ought to adopt a theory which

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got away from that dichotomy or distinction between those

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two things. -It seemed to me also that you should put

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the local units on a very favorable pattern of broad

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authority to act unless the superior authority in the State

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the Legislature, saw a good reason by general law to limit

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or restrict or qualify.



 

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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 973   View pdf image (33K)
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