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Tenderloin district of San Francisco, and
he will see that law enforcement in those
places fell down because of political con-
siderations, politics of certain of the prose-
cuting attorneys in those areas at different
times.
It is a matter of great importance, it
seems to me, to remove the state's attor-
neys from politics, as much as possible, and
this is one of the things that will do it. I
think that the law enforcement commis-
sion's recommendation was sound and we
can set a good example by including this
small provision insofar as the state's at-
torneys office goes in the constitution.
THE CHAIRMAN: Any other delegate
desire to speak in opposition to the amend-
ment?
Delegate Bushong?
DELEGATE BUSHONG: Mr. Chair-
man, this thing can work both ways. If we
put this in the constitution, you can also
get a state's attorney to perpetuate him-
self in office and he might not be a good
one.
It is a very peculiar and sensitive job.
As one of the speakers before pointed out,
we handled this situation some years ago
about judges by having the legislature do
it. If it becomes necessary, this can be done
by the legislature also. I do not believe that
this belongs in the constitution.
THE CHAIRMAN: Any other delegate
desire to speak in favor of the amendment?
Delegate Della.
DELEGATE DELLA: Mr. Chairman, I
only have a question to ask Delegate Ben-
nett, if he would yield for one.
THE CHAIRMAN : Delegate Bennett.
DELEGATE BENNETT: Yes, sir.
THE CHAIRMAN: Delegate Della.
DELEGATE DELLA: Delegate Bennett,
you mentioned the crime in New York and
Cooks County in Illinois, and I believe they
have elective state's attorneys. Would you
say that also applies in the District of
Columbia, where the district attorney is
appointed, and the crime rate has not in-
creased?
THE CHAIRMAN: Delegate Bennett.
DELEGATE BENNETT: Well, if I am
not chastised again by my good friend Al
Scanlan for answering that question, I
would say that the situation is no differ-
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ent in the District of Columbia than it is
in Baltimore or Philadelphia......
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition to the
amendment?
Delegate Malkus?
DELEGATE MALKUS: Mr. President,
I rise on a point of inquiry.
THE CHAIRMAN: State your inquiry.
DELEGATE MALKUS: I would like to
ask Delegate Hal Clagett, who I understand
yesterday made remarks about my not
being present, if he will yield now to a
question.
THE CHAIRMAN: Delegate Malkus,
the Chair rules that that would not be in
order at this time. We are discussing
Amendment No. 25. I would suggest that
you ask Delegate Clagett, if you can find
him, at an appropriate time.
DELEGATE MALKUS: Mr. President.
THE CHAIRMAN: Delegate Malkus.
DELEGATE MALKUS: You have an-
swered my question. Thank you very much,
sir.
THE CHAIRMAN : Does any other dele-
gate desire to speak in favor?
Delegate Willoner?
DELEGATE WILLONER: Mr. Chair-
man, I had not intended to speak in favor
of this, although being an ex state's at-
torney I think it is an excellent amendment,
until Mr. Hanson spoke about it.
It seems to me that we have written a
judiciary article that is, as I contended be-
fore, somewhat legislative in nature, but
we have not only insulated the judges from
running against opposition, we have pro-
vided for a method of selection that com-
pletely insulates them from politics.
The state's attorneys position is an ex-
tremely sensitive judicial position. You
have the power in secret to nolle pros cases
that essentially never get out to the pub-
lic where the judge at least has to act or
at least usually acts in the public or in an
open courtroom.
I think it would be an extremely helpful
procedure to allow the state's attorney to
cross file for the simple reason that when
you run on a ticket or when you run with
another political group, after you are
elected you are asked to do political favors
for that group.
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