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I might say that the pages all seem to
value these rosters very much, and have
gone to considerable trouble to get auto-
graphs, so if you can possibly find it for
her, we would greatly appreciate it.
Delegate Mudd.
DELEGATE MUDD: Mr. Chairman, la-
dies and gentlemen of the Committee of the
Whole: All I can say is here I am again
for the fourth time in six days.
In this debate over the past six days, as
debates of this kind often might proceed,
I suggest one question -which has not been
propounded and that is who is on first. I
shudder to think what the answer might
have been at some points in this debate.
May I venture the modest suggestion now
that if I may consider myself on third, at
this stage of the proceeding, I hope that
home plate can be reached before Thanks-
giving.
I am now in the position of presenting
the Majority Report, for which there is no
report, but for which there is supporting
memorandum. That is another way of say-
ing, I must defend why there is not in the
constitution, or that is, article V as pro-
posed in the constitution, certain provisions
which do appear in the present Constitu-
tion.
We have readily agreed that the present
Constitution contains provisions with re-
spect to the office of sheriff, register of
wills, notary publics, justice of the peace,
coroner and elisor. These are within the
present Constitution and without down-
grading the importance or need for these
offices, we have concluded that they are an
unnecessary inclusion in article V, as we
propose it for adoj^tion by this Committee.
I hasten to say that we have considered
through a subcommittee, chairmaned by
Delegate Rosenstock, all of the necessary
transitory provisions dealing with these
very important offices, and now held by
efficient and dedicated people.
There will be a transitory provision
recommended by our Committee that all
of these officials elected and now holding
office continue in that position for the ex-
piration of their current elected terms.
With respect to the sheriff, a subcom-
mittee of the Committee on the Judicial
Branch, working in conjunction with the
subcommittee of the Executive and Local
Government Committees, has the recom-
mendation that we pass onto the legisla-
ture for its consideration a provision to
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provide for sheriff, either by local law or by
public terminal law for that important of-
fice in those political subdivisions where it
is deemed necessary that such office con-
tinue.
The information and testimony before
our Committee was very sharply contrast-
ing. There are some political subdivisions
in the state which feel they no longer have
need for the office of sheriff. On the other
hand, there are those political subdivisions
which very desperately need to continue in
office a sheriff to perform the many im-
portant and useful functions now being
performed by the elected sheriffs.
We have no thought of being adverse to
continuance of those offices in those juris-
dictions where it is desired they be con-
tinued.
May I remind you that it is not neces-
sary for us to say in our recommended
article V that these offices may be con-
tinued. If we say nothing, as we have, with
respect to these offices, then the legisla-
ture, as well as the local governments, are
free to provide for these offices as the need
in that particular political subdivision may
require; not only to provide for the office
but the manner of selection.
With respect to the office of register of
wills, we readily agree that the functions
performed by that office are most important
and particularly in the administration of
justice. As a matter of fact, the register
of wills, we readily acknowledge, performs
more quasi-judicial functions under the
present system than does the orphans
court, which will no longer be active in
the four-tier structure, which you have ap-
proved.
It is necessary under the transitory pro-
Visions, which we will recommend, that
presently elected registers of wills continue
in office for their elective term and it is
contemplated that this very necessary office
will have to be continued with all the
powers now enjoyed by the register of
wills, probably under that name, but possi-
bly as a deputy or arm of the clerk of the
court.
We see no necessity for provision in the
constitution with respect to notary publics,
any further need for justices of the peace,
or for a coroner and elisor to be given con-
stitutional stature. Accordingly, the rec-
ommendation of your Committee on. the
Judicial Branch, as it has been referred to
you, sections 5.01 through 5.31, although I
believe one section has now been deleted
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