soever - in marked contrast to the detailed recommendations for Philadelphia, and for borough and city governments. The recommendations, in addition to casting aside all county government as we know and understand it, also provide for repeal of the residence and citizenship requirements of county employees; the maintainance of offices at the county seat; the compensation of county officers; the accountability of officers, and the minority representation of county commissioners and auditors. Do the recommendations mean government by imported, trained social scientists? Will representative government through locally elected officials be destroyed? Will "we the people" dare to govern our own. community affairs or sacrifice local autonomy to a super government of appointed officers as provided under "optional plans," "Charter Government" or so called "Home Rule?" Are we saying that the people no longer have the ability to govern themselves from among their own ranks, but rather only the "expert" can do it? Why, if the need requires, could not local government employ "experts" to assist in the operation of their government thereby keeping control in the hands of the people, rather than to abolish or subordinate the government in favor of the "expert" or "specialist." I cannot consent to recommendations which have built into them the seeds of destruction of self government. There should be no rush to change the finest government the world has ever seen. The American form of government has given its citizens more liberty, more privileges, more security, more freedom of speech and action, greater wealth and prosperity than the government of any nation at any time in world history. To commit the destiny of our form of Government to the shifting pressures of the General Assembly would be one of the tragedies of our history. While anchored to the rock of our Constitution over which only the people themselves have control, I will fear no danger. Article XV - Home Rule for Cities and Boroughs With that portion of the proposal of Article XV, Section 3(g) which provides that ". . . the selection, compensation, terms and conditions of service, removal and retirement of municipal personnel are of superior authority to statute . . ." I am in hearty accord. It should not, however, be limited to charter government only but should extend to all forms of city and borough government. Although the proposed Sections 1, 2 and 3 of this Article are quite lengthy and contain considerable detail, much of what has been said herein about County Government applies equally as well to cities and boroughs. If we can honeycomb the operation and control of government at the local level with "experts" and "specialists" instead of operation and control by the people, it will be only a matter of time until it will reach itself upward into state and national Governments, and we shall witness Government of the people, by the people and for the people vanish from this earth. I have nothing against experts and specialists. In today's economy and society they play an ever increasing important role and function. In the field of government their functions should be to advise, consult and recommend; not operate, dictate and control. Only the people them selves should operate and control, and any system that substitutes itself for the people is but destructive of the ends of self government. Edwin W. Tompkins A STATEMENT BY THE HONORABLE ROBERT E. WOODSIDE It is not surprising that many different points of view were presented during the deliberation of the Commission and that we were frequently divided. I envisioned less need for change than some of the other Commissioners, and probably voted in the minority as frequently as any member of the Commission. I deeply regret what I consider to be a basic inconsistency in the Commission's recommendations. Many students of government believe that our present Constitution is too long, made so primarily because it contains provisions which are legislative in nature. It was contended that these provisions should be removed and the Legislature entrusted with the responsibility of dealing with them as it sees fit. The Constitution, it was argued, should be limited to those provisions necessary to establish the basic structure of government. Following this concept, the Commission recommended the removal from the Constitution of numerous provisions it deemed legislative in nature. Unfortunately, the Commission abandoned this concept when considering suggested changes in government which it deemed desirable. The concepts of "trusting the legislature" and shortening the Constitution were ignored, as recommendations were adopted which added thousands of words to the Constitution and dealt with procedures in the minutest detail. I am not convinced of the necessity or desirability of adding such provisions as Article V, Section 25, Article XV and Article XVIII, Sections 2 and 3, or making such changes as were proposed in Article I, Section 10, Article II, Section 16 and Article XIV, Sections 1 to 7. There were other changes recommended which, although less important, seemed to me to be unnecessary or undesirable either in whole or in part. Robert E. Woodside AN ACT Creating a temporary State commission to study the Constitution of the Commonwealth to recommend possible amendment or revision; prescribing the powers and duties of the Commission; and making an appropriation. The General Assembly of the Commonwealth of Penn- Commission on sylvania hereby enacts as follows: Constitutional membership. Section 1. A temporary State commission, to be known Creation and as the "Commission on Constitutional Revision," is hereby created. The commission shall consist of fifteen citizens of this Commonwealth, of whom five shall be appointed by the Governor, five shall be appointed by the Speaker of the House of Representatives, and five shall be appointed by the President pro tempore of the Senate. vacancies. Section 2. The members of the commission shall elect Officers and from its membership a chairman and a vice-chairman. Vacancies in the membership of the commission shall be filled in the manner provided for original appointments. mission. Section 3. The commission shall study the Constitu- Duty of comtion of the Commonwealth, as amended, in the light of contemporary conditions and the anticipated problems and needs of the people of the Commonwealth. If the commission finds change in the constitution advisable, it shall consider the best means of effecting such change. If the commission determines that the best means is by amendment, it shall so recommend and its report shall contain drafts of the proposed amendment or amendments. If the commission determines that the best means is by general revision, it shall collect, compile and analyze such information as it may deem useful to the delegates at a constitutional convention, and shall make any recommendations relating to the substance of revision as it may consider appropriate. Section 4. The commission shall submit its final re- Final report. port to the Governor and the General Assembly not later than one week after the convening of the General Assembly in regular session in 1959. Section 5. The commission is authorized to make any studies or analyses it may deem relevant through its own personnel or in cooperation with any public or private agency including universities, colleges, foundations and research organizations. Powers. and expenses. Section 6. The members of the commission shall re- Compensation ceive no compensation, but shall be reimbursed for all expenses necessarily incurred in the performance of their duties. Personnel. Contracts. Meeting of commission. Cooperation directed. Appropriation. Act effective immediately. Section 7. The commission may employ, and at its pleasure remove, such personnel as it may deem necessary for the performance of its functions, and fix their compensation within the amounts made available by appropriation. Section 8. The commission is authorized to make and sign any agreements for research or otherwise, and to do and perform any acts that may be necessary, desirable or proper to carry out the purposes of this act. Section 9. The commission may meet within and without the State, and may hold public or private hearings. Section 10. The heads of the several departments, agencies, boards, commissions, authorities and instrumentalities of the Commonwealth and of the governmental subdivisions of the Commonwealth, are directed to cooperate with the commission with such facilities, assistance and data as may be necessary or desirable for the commission properly to carry out its functions under this act, and which will not interfere with the proper conduct of the respective departments, agencies, boards, commissions, authorities, instrumentalities and governmental subdivisions. Section 11. The sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, is appropriated for the expenses of the commission in carrying into effect the provisions of this act. Payment from the appropriation shall be made on requisition of the chairman of the commission in the manner provided by law. Section 12. This act shall take effect immediately. GEORGE M. LEADER The foregoing is a true and correct copy of Act of the General Assembly No. 400. |