784 ADDRESSES AND STATE PAPERS

Q. Judge, aside from a unified court system, do you think it's con-
sistent to give the Governor more executive power and at the same
time make him practically a figurehead in naming judges?

Judge Hammond: Are you speaking of the Niles Plan?
Reporter: Yes.

Judge Hammond: I think I can best answer that by saying that I
am heartily in favor of the so-called Niles Plan as provided in the
Constitution.

Q. How do you feel aboil that, Governor?

Governor: Well, I have had some reservations about a man running
against his record. I have said this in the past, but I have supported
the Niles Plan as it's embodied in the existing Constitution as an im-
provement in the present system. I want to emphasize one thing —
this Constitution is not perfect. It's impossible to devise an instrument
this all encompassing that's acceptable to everyone. There is so much
more in this instrument that is good to those people who have studied
it thoroughly — I don't obviate the fact that there may be some very
sincere protesters to the instrument — but there is so much more good
than there is erroneous that we would be much better off to pass it
and then amend out anything that is found to be impractical or un-
workable than to start on a piecemeal basis to try to amend the
existing, very fragmented document that we have.

Q. How do you feel about the Governor being confined to an ap-
pointment list to choose from two possible, and not more than five —?

Governor: Well, I work — I made a commitment to myself that I
will work within the bar lists, and I haven't left them yet. I think it's
the greatest assistance to the Governor to have the solid judgment of
the bar associations to assist him in the appointment of judges. So
this restriction doesn't worry me particularly.

Q. In case you didn't like or couldn't appoint one of the recommend-
ees, what do you think about the Chief Judge of the Court of Appeals
making the appointment?

Governor: In case I didn't like or couldn't? If I can't make a de-
cision, I suppose I should be willing to abdicate from that respon-
sibility.

Q. Marvin, you have had your ear pretty close to the ground so far
as the House is concerned; what's the sentiment within the House?
Speaker Mandel: In the House of Delegates? I've never really made
any attempt to canvass the House of Delegates as to the sentiment,