1
M
Revised Constitution Designed To Better Place Responsibility
"A NEW CONST1TVTION
FOR OREGON"
(This Is the fourth in a series
(A articles about the revised Con
stitution proposed by the Oregon
Constitutional Revision Commis
sion. The articles were written by
llans C. Linde, professor of con
stitutional law at the University
of Oregon and a member of the
Commission. I
The provisions for the execu
tive branch of state government
are the most important rec
ommendations of the Constitution-
ernor's position in the state as
comparable to that of the Presi
dent of the lnited States. It holds
him responsible for w hatever hap
pens during his term of office.
executive functions that is, for
the performance of all state agen
cies. The revised Constitution
makes the governor the only elect
ed officer in the executive branch
In fact, the typical 19th Century i so that he cannot shift that
Election of the attorney generaltigation or other action without theieral within the governor's admin-
cannot be justified by any "watch- governor's order. The revised iistration. and b transferring to
dog" role he performs. The attor-j Constitution proposes to strength- the new ollice of the Controller
ney general does not now have, en the eltecliveness ot both rolesuhe "watchdog" powers of inves-
any independent powers of inves-lby tal placing the attorney gen-ltigation. and of giving independent
state constitution gave a governor
no such responsibility for state
administration. Rather, it left
sponsibility bv blaming other
elected executive officials who are
bevond his authority, and who
state government, in Langlie'simay in fact oppose him. .
phrase, more "a combination o( All control, or "watchdoe,"
semi-autono-1 functions are, on the other hand
'made independent of the execu
consolidation or tive branch. No olficial should
loosely - connected
mous bodies.
In this century
the executive branch has become
al Revision Commission. The i tiie key feature of constitutional
have attracted much interest and! reform. It is the hallmark of the
some misunderstanding. post-World War II constitutions of
The Commission proposes to re
tain the mutual checks and bal
ances among the legislative, exec
utive, and judicial branches of
government, but to strengthen
each branch by removing internal
blocks to responsible perform
ance. Critics of existing state con
stitutions have found that the ex
ecutive branch most often falls
short of this second objective. As
Governor Langlie of Washington,
speaking as chairman of the Na
tional Governors' Conference, la
maneted in 1953:
"The public looks upon the gov-
New Jersey, Alaska, Hawaii, and
Puerto Rico, and the main objec
tive of pending revision efforts in
other states.
GOVERNOR AND CONTROLLER
The Constitutional Revision
Commission adopted a clear prin
ciple to assign responsibilities
within and outside the executive
branch. It distinguished between
"executive" functions and "con
trol" (or "watchdog") functions
and kept them strictly separate
in its proposals.
The governor, as chief execu
tive, must be responsible for all
I !
ELECTRIC MANAGER The appointment- of Don Hicks,
Alturas, as the new general manager of the Surprise Val
ley Electric Corporation was officially confirmed last
week. He had served as temporary manager since Au
gust. Surprise Valley Board
Names Hicks As Manager
legal opinions to legislators and
others outside the executive
branch.
(Next: The Executive, continued.)
Wednesday, March 27, 1963 PAGE 5 A
HERALD AND NEWS, Klamath Falls, Ore.
CHARGE SYRIAN SHOOTLNG
TIBERIAS. Israel UPH - Syr
ian soldiers fired at Israeli work
ers twice in the Beit Katzir set
tlement Tuesday, Israeli army of
ficials reported.
There were no casualties but
Israel protested the incident to
the United Nations Armistice Commission.
ALTURAS Don Hicks of Al
turas was named the general
manager of the Surprise Valley
Electric Corporation last week by
the board of directors. Hicks had
served in the capacity of tempo
rary manager since the untimely
death of C. J. Hunter last August.
He has been an employe of the
corporation since it was activated
as part of the rural electrification
program 25 years ago. A resi
dent of Alturas since 1930, Hicks
arrived here from Beloit, Wis.,
to work with the old California
Public Service Company which
was later merged with COPCO
and PP and L.
A spokesman for the board of
directors stated, "Don was elect
ed as the logical choice by the
directors some time ago, but his
appointment had to be confirmed
by the Washington office. It's of
ficial now."
The Surprise Valley Electric
services Modoc, Lake, and parts
of Lassen counties with some
2,100 subscribers and 1,063 miles
of distribution line.
Don Hicks and his wife, Mar
garet, have three children. Mrs.
Nancy Heard. Donna and Paul.
make decisions on action, and
also investigate and report on the
correctness of his own action
These "watchdog" functions arc
therefore assigned to a new con
stitutional officer, called the
Controller.
The Controller mav by law be
an elective officer. Just as he is
made independent of the governor
in selection, authority, staff, and
budget, the Controller likewise
may not be assigned any execu
tive function in making or carry
ing out governmental decisions.
He can only audit, investigate,
and report on the performance
of government "in compliance
with applicable standards of fi
nancial accuracy, administration,
and law." These essential func
tions resemble those the U.S.
Comptroller General performs in
the federal government.
To insulate the office of Con
troller from politics and avoid the
abuse of its power for personal
political ambition, the Controller
will have a term of not less than
eight years, during which he is
ineligible to run for another elec
tive office. Some members of the
Commission believe that the Con
troller may well be made elec
tive on a non-partisan ballot.
The Commission's proposals
thus strengthen both the gover
nor's responsibility for executive
performance, and also give
surance that this performance
will be checked by independent
audits, investigations, and legal
opinions. Like many old state con
stitutions, the present Oregon pro
visions fall short of these two
goals.
Under the present Constitution
the' Secretary of State is both an
administrative official, and also
charged with responsibility for
auditing the administration.
The Attorney-General a stat
utory officer not mentioned in
the Constitution heads all law
yers for the agencies within the
state administration. This is a key
role in the performance of the
executive branch for which the
governor is responsible. Under
the revised Constitution it would
not, as now, be held by an inde
pendently elected officer, who is
the political opponent of the chief
executive. The present contradic
tory arrangement is an inevitable
source of difficulties, and has led
governors to turn to other legal
counsel than the attorney general.
NEW LOW PRICE ON
K0DAC0L0R 25
.'Tints, from orllnl 12 cxp. rolli
LEO'S CAMERA SHOP
816 Main Ph. 2-3331
SHAPING WITHOUT ADDINGI
wear this
fabulous)
CONTOUR
rvRE
r
At lost ! A bro that lifts, firms and pre. shapes with the
lightest laciest touch. And so comfortable, you won't know
you're wearing it. Scalloped cups of wafer-thin foam
rubber, covered with exQuisitt Bonfon lact. A cue,
32 to 36 B cup. 32 to 38. White and black.
MyPro!20l 15
s
Nona
To Our Customers . . .
We are pleased to announce that final arrangements have been
made with Carnation Dairy to purchase milk from local dairy farmers
through Klamath Basin Grade 'A' Milk Producers Assn., a Southern Oregon
Producers Assn.
Klamath Falls residents can now buy locally produced Carnation
and Shurfresh fresh dairy products at their local United Grocers Store, and
packaged in the brand new, exclusive flame-sterilized containers. Car
nation's exclusive packaging stores flat without spilling a drop . . . and
comes in the handy to carry twin qallon pak. Your United Grocers dealers in
vite you to try Carnation famous brand dairy products today. From dairy sta
ples to party mood ice cream ... they're all at United Grocers! Carnation!
Here for the first time in Southern Oregon ... and made from locally produced
m
ilk.
(tarnation
fresh milk &
ice cream products
Homogenized Milk
Vita-Glo Milk
Cottage Cheese
Butter
Cream
Sour Cream
Half & Half
Buttermilk
Chocolate Drink
Fruit Drink
Whipping Cream
Ice Cream
milk - coftage cheese - ce cream
AVAILABLE AT YOUR FAVORITE
UNITED GROCERS
MEMBER STORE
V- . OfW JWlM