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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 5489   View pdf image (33K)
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Supreme Court. He responded that the attorney general
and not the governor would have that final authority.
I asked that question because I think regardless
of what the Committee of the Whole decides on this
issue, I think that statement in the record is very dis-
turbing to the future. I would ask whether or not you
would concur in that judgment, and if so, why; and if not,
why not?
THE CHAIRMAN: Delegate Henderson.
'DELEGATE HENDERSON: I find it a little diffi-
cult to answer that question. If it is a matter of legal
advice, the governor, of course, could not control what the
attorney general said, could not control his opinion; but
I insofar as it is a matter of policy to take the appeal or
i not, I would suppose that authority would rest with the
!
governor.
I don't think that any State official is bound
to abide by the opinion of the attorney general. They
usually do. I don't know of any instance in which they
have not.
Those matters are worked out usually by agree-
j ment, but certainly, if it were a question of appealing



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 5489   View pdf image (33K)
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