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DELEGATE JAMES: It is possible to
hold three sometimes. I am a lawyer and
politician and a farmer.
DELEGATE BOTHE: Would the treas-
urer you ask us to retain in the constitu-
tion also be a part-time employee of the
State?
DELEGATE JAMES: I would say he
could be. Constitutional officers, generally
speaking, are not barred from having other
occupations and I should say that he prob-
ably could have. The alternative, of course,
is to get someone who is political in nature
and who needs the job, has to have it be-
cause he has to have a certain salary to
maintain a certain standard of living and
you get an entirely different type of indi-
vidual when you go to that.
DELEGATE BOTHE: Do you not think
that having an individual in this kind of
office where he simultaneously and offi-
cially engages in activities of a profit-mak-
ing nature is an invitation to conflict of
interest?
DELEGATE JAMES: I think everyone
in public life has that problem of conflict
of interest.
THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: In your capacity
as president of the Maryland Senate, with
what frequency during the last few years
have you had occasion to consult with or to
be queried by or to ask questions of the
state treasurer?
DELEGATE JAMES: I would say about
twice a month.
DELEGATE ADKINS: Is this at your
initiative or at his?
DELEGATE JAMES: I would say it
would be about fifty-fifty.
DELEGATE ADKINS: Are these con-
sultations based upon the proper exercise
of his job?
DELEGATE JAMES: It is hard to
answer. I assume so.
THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: I think I quote
the record, the treasurer testified that he
considered himself a completely independent
official responsible to no one.
Would you agree that is the case?
DELEGATE JAMES: I would say
legally.
DELEGATE ADKINS: Do you think it
is wise to have an elective official with the
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power of the existing treasurer responsible
to no one?
DELEGATE JAMES: I think it has
certain advantages.
DELEGATE ADKINS: Let me ask you
a final question. If the Treasurer is not a
member of the Board of Public Works,
do you consider that the safekeeping of the
money which is basically the treasurer's
function is sufficiently important to require
constitutional-elected status?
DELEGATE JAMES: Yes, yes, my an-
swer is yes.
DELEGATE ADKINS: Despite the fact
he would not be a member of the Board of
Public Works?
DELEGATE JAMES: When you put the
two together, it makes it much stronger.
The system has produced honorable people
over a period of years. The slightest ques-
tion of state funds being handled in an
honorable manner is sufficient to justify
continuation of the system.
DELEGATE ADKINS: Do you also feel
that it is necessary to have the present
procedure for the issuance of state vouch-
ers? Do you feel that we have to have two
signatures on the check in order to keep
the comptroller and treasurer honest?
DELEGATE JAMES: I think it is a
good idea.
THE CHAIRMAN: Are there any fur-
ther questions of the minority spokesman?
DELEGATE PULLEN: Mr. Chairman,
I would like to ask you if you do not
think it wise that someone, either in the
majority or minority committee report to
this Convention discuss the power of the
governor over the state finances. We have
talked about division of power for some
time and yet no one has made a definitive
statement of the exact duties, power and
authority of the governor with respect to
all funds.
It seems to me that that should be the
point of departure when we talk about the
duties and responsibilities of comptrollers
and treasurers and so on.
Frankly, I agree with your point of
view, but I do believe you would clarify
things and help us if someone would spell
it out.
DELEGATE JAMES: We are going
into state finances very shortly. At that
time this Convention is going to be edu-
cated concerning the powers of the govern-
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