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Now, you can split them apart and this
would require, I would take it, statutes to
do. So that would be the kind of case we
are talking about. Then you go on to say
they shall be set forth in an executive
order, and so on. That executive order, you
say, which reorganizes the department of
budget procurement, would not be "law"
and yet, it is the kind of thing that the
constitution implies to me requires law. I
think it is inconsistent.
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: Mr. Chairman,
that is the very kind of thing that the lan-
guage Delegate Case was referring to was
intended to color.
Here it sets up the department of budget
and procurement and the government
wants to reorganize and split it into two
departments. Now, that reorganization will
change a law and in that sense will have
the force and effect of law and this simply
says to do that the governor has to submit
an executive order accomplishing it to the
General Assembly in the first ten days and
it will have to lie before the General As-
sembly for fifty days and not be disap-
proved by either house of the General As-
sembly by the end of that fifty days and
if those things occur, then this executive
order has the force and effect of law and
I assume it will be printed in the session
laws and the annotated code of Maryland.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: Then this procedure
introduces a new way of introducing laws.
It is a procedure which has the force and
effect of law, yet it is not law, is this
correct?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: It certainly is
law because it has every effect of a law but
in one sense it is not actually a law in the
technical sense, but it has every attribute
of a law and it is just enacted by the re-
verse process instead of by the regular
process and that is the whole purpose of
this provision.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: That brings me full
circle to Delegate Sickles.
If this procedure which has the effect of
law is not law, and if it does, though,
allocate or split apart the department of
budget procurement, then how do you
square the words in section 4.18 which say
that the powers, functions, and duties of
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the state government shall be prescribed
and allocated by law.
THE CHAIRMAN: Delegate Morgan.
DELEGATE JAMES: Mr. Chairman.
THE CHAIRMAN : Just a minute. Dele-
gate Morgan.
DELEGATE MORGAN: The reorgani-
zation powers of the government are all
contained in section 4.19 which provides
that the governor may change the organi-
zation — "may make changes in the organi-
zation of the executive branch, including — "
and so forth.
Now that includes all sorts of changes
in the executive branch. If he does that
and this organization had been established
by the General Assembly, he will have to
submit an executive order to the General
Assembly and the General Assembly will
not disapprove it within the 50-day period.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: Delegate Morgan,
I am not disagreeing with the idea, I think
it is a good one. I think the sections must
be read together and when they are, they
present somewhat a confused picture.
I am wondering whether in line 36 of
section 4.18 your work product would be
hurt by striking out the words, "by law"
so that it would read "all functions, powers,
etc., of the state government shall be pre-
scribed and allocated among and within
not more than 20 principal departments."
Are you not really saying that there
shall be twenty principal departments and
not speaking to the procedure by which
the departments come into being. The words
"by law," however, are sufficiently con-
fusing to raise this point. If you struck
the words "by law" out of section 4.18, I
think the dilemma might be resolved.
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: Mr. President,
I think really the only way you could
strike "by law" out of section 4.18 would
also be to strike out the word "shall be
prescribed" and certainly there is no in-
tention to have the governor prescribe the
programs that the State would be au-
thorized or directed to undertake.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: I do not wish to
prolong this, but it seems to me that if I
were drafting this, 4.18 would be directly
a part of the provision which merely says
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