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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1273   View pdf image (33K)
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[Nov. 27] DEBATES 1273

THE CHAIRMAN: Delegate Adkins.

DELEGATE ADKINS: We do want to,
in terms of the top policy-making boards
of the State so that when the people at-
tempt to assess the effectiveness of any
administration, they can look at the be-
havior, the policies and implementations of
one man; now there is no way to divide
the responsibility so that Joe can say John
did it, or John can say, No, I didn't do it;
Joe did it. That is precisely the situation
we suggest we are now in. That does not
contribute to democratic popular control of
the executive branch of the government. I
think that is quite critical to our thinking
and our position.

THE CHAIRMAN: Delegate Child.

DELEGATE CHILD: Did either of the
former governors testify before your Com-
mittee that they did not have enough
power?

THE CHAIRMAN: Delegate Adkins.

DELEGATE ADKINS: There was only
one former governor who testified before
our Committee, and that was former Gov-
ernor McKeldin. Governor Tawes was, of
course, a member of our Committee. He
participated in the debate. He did not
testify. Governor McKeldin testified that
the State would be better managed if it
had an appointed comptroller and an ap-
pointed attorney general. This was a re-
verse of the testimony he gave before the
Commission at which time he testified he
believed there should be an appointed comp-
troller but not an appointed attorney gen-
eral. On reflection he changed his position.
That was Governor McKeldin. We did have
testimony from former Governor Driscoll
of New Jersey, a strong executive who was
responsible for rewriting the New Jersey
Constitution which has since become a
model. His testimony was clearly on the
point that he felt this should be an ex-
ecutive function.

THE CHAIRMAN: Are there any fur-
ther questions, Delegate Child?

DELEGATE CHILD: That is all. Thank
you, Delegate Adkins.

THE CHAIRMAN: Are there any fur-
ther questions of the Vice-Chairman? Dele-
gate Hostetter.

DELEGATE HOSTETTER: On page 51
of the draft constitution commentary,
neither the comptroller nor the attorney
general is, in the exercise of his primary
function, a policymaker. The principal
qualifications in both positions are technical

ability and expertise. Of these the gover-
nor is in a better position to judge than
the voters. Would you agree with that?

THE CHAIRMAN: Delegate Adkins.

DELEGATE ADKINS: I would agree
with that in the main, yes. I think you
would have to make some minor qualifica-
tions. To the extent that the comptroller
sits in on the Board of Public Works, he is
a policymaker, but as comptroller he is not.

THE CHAIRMAN: Delegate Hostetter.

DELEGATE HOSTETTER: Then who
selects the governor?

THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: The people.

THE CHAIRMAN: Are there any fur-
ther questions of the Vice-Chairman? Dele-
gate Boyce.

DELEGATE BOYCE: Mr. Vice-Chair-
man, were you present in the Constitu-
tional Commission hearing when former
Governor William Preston Lane, Jr., was
heard on February 24?

THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: Yes, I was.
THE CHAIRMAN: Delegate Boyce.

DELEGATE BOYCE: Did you hear him
say, "I don't think there is any necessity
for electing a comptroller. I believe the
governor should appoint him"?

THE CHAIRMAN: Delegate Adkins.

DELEGATE ADKINS: I recall that
testimony, and I think it is on the record.

THE CHAIRMAN: Delegate Boyce.

DELEGATE BOYCE: Were you present
when Governor Tawes testified before the
Constitutional Convention Commission?

THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: Yes.
THE CHAIRMAN: Delegate Boyce.

DELEGATE BOYCE: Were you there
when he said he believed that the attorney
general should be appointed and that the
controller should be appointed; and his
exact words were, "Well, I would say that
the governor should appoint the comp-
troller, and he should appoint the attorney
general."

THE CHAIRMAN: Delegate Adkins.

DELEGATE ADKINS: I will in fair-
ness say — of course, Governor Tawes is

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1273   View pdf image (33K)
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