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DELEGATE MORGAN: Would you
state that again, please?
DELEGATE J. CLARK (presiding):
Delegate Della.
DELEGATE DELLA: Has there been
any doubt in your mind —
DELEGATE MORGAN: There is no
doubt in my mind.
DELEGATE J. CLARK (presiding):
Delegate Della.
DELEGATE DELLA: Then, aren't we
crowding the constitution of the State of
Maryland when we put a lot of literature
in?
Are we not filling a lot of papers of the
constitution if there is no question in your
mind that the General Assembly has the
power to prescribe the functions and duties
of the various departments? What is the
purpose served by you and your Commit-
tee putting into the executive branch of
government the powers that have been
designated to the General Assembly by not
only the constitution that we are now
working on but under our present Consti-
tution and the two or three constitutions
that we had prior to that?
Are we filling the papers just to have a
lengthy Constitution?
DELEGATE J. CLARK (presiding):
Delegate Morgan.
DELEGATE MORGAN: No. I stated
that this was put in to contrast the plenary
powers of the General Assembly with the
much more limited powers that we propose
to give the governor, and that is the only
purpose of it.
It was not put in to fill papers.
DELEGATE J. CLARK (presiding) :
The Chair recognizes Delegate Mason.
DELEGATE MASON: Mr. Chairman,
with reference to the question asked you by
Delegate Della, doesn't section 4.19 deal
with the reorganization of the executive
branch ?
DELEGATE J. CLARK (presiding):
Delegate Morgan.
DELEGATE MORGAN: It does.
DELEGATE J. CLARK (presiding) :
Delegate Mason.
DELEGATE MASON: Wasn't it the
purpose of this language to make sure that
before the executive can reorganize, the
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departments must be set up by the legisla-
ture? Wasn't that the reason the language
was put in that the General Assembly shall
by law prescribe the functions, powers and
duties of the departments?
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: No. I think it
was just a recognition that it is the Gen-
eral Assembly that prescribes the programs
which the state shall be engaged in or shall
undertake, and not the governor in the
exercise of reorganization powers.
DELEGATE J. CLARK (presiding):
Delegate Mason.
DELEGATE MASON: Wasn't it the
thinking of the Committee at the time that
in the concept of reorganization the Gen-
eral Assembly should first designate the
functions and duties and powers of the
various departments, and then after they
had been set up, the executive could re-
organize?
DELEGATE J. CLARK (presiding):
Delegate Morgan.
DELEGATE MORGAN: We have lan-
guage such as that in our transitional pro-
visions, where the General Assembly is
given two years after the adoption of the
constitution to prescribe the functions and
powers of the various principal depart-
ments that it sets up and to provide what
the principal departments are, but after
that two years, it was the intention that
this language would give the governor the
power to reorganize, even if the General
Assembly had not prescribed the functions
and powers and duties.
DELEGATE J. CLARK (presiding):
Delegate Mason.
DELEGATE MASON: Then it is true
under this concept that the General As-
sembly would have the first crack at reor-
ganizing the executive departments?
DELEGATE J. CLARK (presiding):
Chairman Morgan.
DELEGATE MORGAN: There is a spe-
cific clause in the transitional provisions
between 4.18 and 4.19. It is specifically
provided that the General Assembly has
the exclusive power for two years to de-
termine what the principal departments
shall be and to organize all of the func-
tions of the executive branch within those
departments so established.
DELEGATE J. CLARK (presiding) :
Does anyone else desire to ask a question?
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