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created nearly 200 years ago with a strong
executive, who has the authority and the
power to appoint his own chief legal officer
as well as his own chief fiscal officer, has
grown into the greatest nation in the his-
tory of the world, and I say, too, it has
grown into the greatest democracy that
the world has ever known.
We have a chief executive who is elected
by the people and responsible to the people,
and I disagree with the voice yesterday
which said he would rather see the gov-
ernor appointed than the comptroller.
The governor should be elected by the
people and responsible to the people, and
I suggest that he should have the authority
to carry out the purpose of his adminis-
tration.
I have heard a lot here about checks and
balances but if this State is to be strong,
if we are to get back into the ball game
in the federal system, I think what we are
doing if we provide a continued division in
the executive branch is to achieve a check
in the executive branch without proper bal-
ance in our state government. I urge de-
feat of the amendment.
THE CHAIRMAN: Delegate Willis.
DELEGATE WILLIS: Mr. Chairman,
and members of the Committee of the
Whole :
I would like to add my voice to the
voices of those who urge that we retain
the attorney general as an elective consti-
tutional office. In a case like this where
major change is being considered, it seems
to me that there are only two main issues:
Is the present system of selection unsatis-
factory; and is the same problem being
handled elsewhere?
We heard much evidence this morning
that the present system is working satis-
factorily, and we have had no evidence that
there is a better method of selection else-
where. I believe the figures given to us are
that 40 states have this as a constitutional
officer and two others have it by statute
as an elective office.
I am not an attorney, and in this group
that makes me part of a minority group.
Delegate Boyce said a little while ago that
we were over-shadowed by attorneys and
that they should probably disqualify them-
selves. I do not believe that. I worked for
Maryland in the field of education for the
last 28 years. On numerous occasions I
had to call for assistance from the office of
the attorney general. I can remember in
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no instance when the attorney general's ad-
vice, guidance and assistance was denied
to me. I can recall no occasion when the
advice or the opinion of the attorney gen-
eral was ever tinged with political or
selfish considerations.
I believe that my own experience with
the attorney general's office has been
shared by all others who have participated
in this state's educational system, and could
be duplicated by any other governmental
department of the State.
It is no reflection on our present, or any
future governor, to say that I view an ap-
pointed attorney general with apprehen-
sion. I know what our relationship has
been with a succession of elected attorney
generals. I have no way of knowing what
to expect from an appointed attorney gen-
eral.
Would this appointed officer, in dealing
with matters of the importance of educa-
tion, feel constrained to consult with the
governor on purely legal questions? Might
not an appointed attorney general be
bound by very human and real considera-
tions to have his views coincide with those
of the governor who appointed him and at
whose pleasure he is serving? Would not
these very real dangers be magnified if
Maryland had a governor who was not him-
self a lawyer, who did not understand the
labyrinths of the law and who might, in
all good conscience, insist on courses of
action contrary to the law which he did not
understand?
We have, as has been noted previously,
an attorney general responsible to the elec-
torate of Maryland. We have a system
wherein the attorney general has served
as a lawyer not only for the governor, but
for every department and agency of the
state government, serving all with equal
vigor and independence.
I see no reason to depart from a well
established and extremely successful prac-
tice. I, therefore, Mr. President, will sup-
port the amendment before us/ I sincerely
hope that we will continue to have an at-
torney general elected by the people, and
responsible to the people, who will serve
them and every branch of the government
with complete independence.
Thank you.
THE CHAIRMAN: Delegate Clagett.
DELEGATE CLAGETT: I rise to make
no criticism of the attorney general's office.
I believe it has functioned well over the
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