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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1350   View pdf image (33K)
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1350 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 29]

from partisan control and executive domi-
nation.

Law is a phase of government which is
readily separable. The establishment of this
function as a separate office of government
recognizes the need for specialized and non-
partisan control of the growth of our civil
law.

If the office of the attorney general is
controlled to any extent by the executive
branch, or used to serve partisan ends, the
basic notion of separation of powers is vio-
lated.

For example, the opinions of the at-
torney general are actually statements of
the law; and if not altered at the next ses-
sion of the legislature, they are construed
by the Court of Appeals as having been
approved by the legislature.

Then, too, the attorney general is the
only legal adviser permitted to the gover-
nor, many State departments, and many
important local agencies. With such a broad
judicial function, such an office should be
established to operate free of the policy
making controls of the executive.

In previous debates in the Committee of
the Whole, a number of us responded to the
phrase "high visibility." I call today, fel-
low delegates, for the highest possible visi-
bility in the operations of sensitive legal
matters, visibility which can only be in-
creased by the election of an independent
legal officer, responsible to each and every
citizen.

In previous actions this month, the Com-
mittee of the Whole took the people out of
the judicial system; decreased the number
and diminished the size of legislative dis-
tricts and disposed of a substantial number
of constitutional offices which had been
popularly elected. Where and when, fellow
delegates, do we stop telling the people of
this State that they are not qualified to
choose their leaders?

No evidence has been presented to our
Committee that the attorney general has
not served our State with distinction, rep-
resenting the people honestly and fairly.

I believe, and with reasonable confidence
suspect my belief to be shared by an over-
whelming number of my fellow citizens,
that an independently elected attorney
general will serve, as he has in the past, to
further provide a guarantee against hasty
or ill-advised legal actions and decisions.

And I adopt as words to live by from
"This Week" magazine, the words of one

of our wisest Americans, Thomas Jefferson,
who said, "I know of no safe repository
for the ultimate powers of society but the
people themselves."

I thank you.

THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition to the
amendment, in favor of Committee Report
EB-1?

Delegate Clagett.

DELEGATE CLAGETT: Mr. Chairman,
I rise to a point of personal privilege.

THE CHAIRMAN: State the privilege.

DELEGATE CLAGETT: I wish to ad-
vise the chamber that in the gallery at the
present time there are 120 students of the
6th grade from North Forrestville Ele-
mentary School of Prince George's County.
They are under the care of their Vice Prin-
cipal, Mrs. Martha Hammond, and a num-
ber of parents and teachers who include
Mrs. Stevens, Mrs. Ellenger, Miss Pickett,
and Mrs. Titus. Together I would like to
ask us all to welcome them here to watch
our deliberations.

(Applause.)
THE CHAIRMAN: Delegate Maurer.

DELEGATE MAURER: Mr. Chairman,
I want to rise to a point of personal privi-
lege.

THE CHAIRMAN : State your privilege.

DELEGATE MAURER: I wish to recog-
nize the presence in the gallery above the
rostrum of twenty-three members of the
Women's Suburban Democratic Club of
Montgomery County. The Club's president
is here, and I hope all of you will join me
in welcoming them to the Convention today.

THE CHAIRMAN: We are delighted to
have them.

(Applause.)
THE CHAIRMAN: Delegate Hanson.

DELEGATE HANSON: Mrs. Maurer
made the announcement I intended to make.
I am glad that we have extended our wel-
come to this great nonpartisan group from
my county.

(Laughter.)

THE CHAIRMAN: The Chair would like
to recognize the presence of five students
from Leland Junior High School. We are
delighted to have them, also.

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1350   View pdf image (33K)
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