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tainly is not mandatory on the public in
order to disclose the good points or the
bad points.
I think if this amendment is passed, the
nominating commission is hampered very
seriously in considering the best people for
the judgeship.
THE CHAIRMAN: Delegate Macdonald.
DELEGATE MACDONALD: Will Dele-
gate Malkus yield for a question?
THE CHAIRMAN: Delegate Malkus, do
you yield to a question?
DELEGATE MALKUS: I will, sir.
THE CHAIRMAN: Delegate Macdonald.
DELEGATE MACDONALD: I think
this is the one time, Mr. Chairman, that
the mike is turned on.
Delegate Malkus, would you agree to an
amendment of your amendment reading as
follows: "And the governor shall not dis-
cuss any appointment with any member of
his staff or any other person except at a
meeting open to the press and the public"?
THE CHAIRMAN: Delegate Malkus.
DELEGATE MALKUS: Will the pro-
ponent of this amendment re-read it, sir?
THE CHAIRMAN: Delegate Macdonald,
will you restate your question?
DELEGATE MACDONALD: The ques-
tion is, will Delegate Malkus agree to an
amendment of his amendment, so as to add,
on line 7, after the word "press", "And the
governor shall not discuss any appointment
with any member of his staff or any other
person except in a meeting open to the
public and the press"?
THE CHAIRMAN: Delegate Malkus.
DELEGATE MALKUS: Mr. President,
my voice has just about gone. After this,
I am going to go home.
I do not know what my deskmate is try-
ing to do. I know what I am trying to do.
This Niles plan provides for a closed shop
from the top on down to the bottom, and
it has been the intention of some members
of this Convention, and you included, Mr.
President, that this shall be, and it will be.
I personally have never closed the door
to my committee when I was the chairman
on any subject matter that the press
wanted to record. I believe that we are
public chattels, and the public has a right
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to know what we do, what we think, and
what we are.
THE CHAIRMAN: Delegate Malkus,
you have a half minute more to answer the
question.
DELEGATE MALKUS: Mr. President,
I think maybe I can last that long, but all
I want is the people to know who their
judge is going to be. Somebody said some-
thing about Caesar's wife, but if you are
going to be a judge, let's be clean. Let the
people know what you are before you are
appointed.
This is the only hope we have, Mr. Presi-
dent. This is the only hope we have, be-
cause this is a closed shop. Let the press
come in and let's listen to what the can-
didate has to say and what is being said
against him. I do not know whether I an-
swered my deskmate's question or not, but
I want to say this: I want the people to
know who the judge is going to be before
he is appointed.
THE CHAIRMAN: The Chair is not
clear as to whether you have answered the
inquiry. Is that your answer, Delegate
Malkus? You were asked whether you
would agree to an amendment, and I am
not clear whether you are rejecting it or
acquiescing.
DELEGATE MALKUS: Mr. President,
when I am not sure as to what the amend-
ment does, I will always oppose it. I am
not so sure what this amendment does and
therefore I would not agree to it.
THE CHAIRMAN: I understand that
Delegate Malkus rejects the suggestion of
Delegate Macdonald. The Chair recognizes
Delegate Marion.
DELEGATE MARION: Mr. Chairman,
as Delegate Hargrove pointed out, the
analogy which several speakers in favor
of the amendment have used is inappropri-
ate because their entire investigatory proc-
ess is carried on, not in front of the pub-
lic and not in front of the press, but if
one name is submitted to the Senate of the
United States, it then becomes public. How-
ever, there is no disclosure of all of the
names that might have been considered
which for one reason or another were not
recommended by the President in that in-
stance.
Now, if we truly want to have the job
seek the man, as Delegate Gleason indi-
cated, we will vote against this amendment.
One of the factors which makes the nomi-
nating commission procedure work so well
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