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many years. I rise only to voice criticism
to this assembly to perpetuate an office
where there is so much built in conflict of
interest.
We are here now debating the strength-
ening of the executive office. We are de-
bating whether or not the governor should
have a legal officer loyal and independent
insofar as providing him with the best and
most competent legal advice. Yet, at the
same time we would say that this same
officer shall also be called upon and re-
quired to give advice to the General As-
sembly at times when conflict and contro-
versy exist between the two branches of
the government.
Yesterday I ask Delegate Mason sev-
eral questions when he was presented the
minority view, and I hope you followed
them carefully. The gist of those questions
was simply to point out with respect to the
function and responsibility of the attorney
general's office, that when there were times
that he was advising two opposing factions,
it was clear that there was a conflict of
interest.
Now, what we are doing by requiring
the election of the attorney general and
the continuance of his functions and re-
sponsibilities in the same manner that they
have been over the period of years, is plac-
ing the attorney general in a conflict of
interest situation.
It is not necessary. There is no question
but that the office itself would function just
as efficiently under the appointive procedure
as under the elective procedure. In that
method or manner of appointment there is
no difference that resolves the conflict of
interest when it arises in his dual function
of advising the executive and the General
Assembly.
I strongly urge you to carefully review
and consider that aspect\of your voting in
continuing the office of attorney general.
There is no necessity for it. We should
avoid it.
THE CHAIRMAN: Are you ready for
the question?
(Call for the question.)
The question arises on the adoption of
Amendment No. 6, to strike the word "not"
in line 26 on page 1 of Committee Report
EB-1.
As before, there will be two votes, one
vote on the adoption of the amendment. If
the amendment is adopted, the recommen-
dation as amended will be submitted for
your vote. If the amendment fails, the rec-
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ommendation of the Committee will be sub-
mitted for your vote as presented in the
Committee Report.
A vote Aye is a vote in favor of the
amendment, a vote in favor of the proposi-
tion that the office of attorney general be
provided for in the Constitution.
A vote No is a vote against the proposi-
tion that the office of the attorney general
be provided for in the Constitution.
DELEGATE JAMES: I think you better
ring the quorum bell.
THE CHAIRMAN: A vote Aye is a
vote in favor of the amendment; a vote No
is a vote against. Cast your vote.
Has every delegate voted? Does any dele-
gate desire to change his vote?
The Clerk will record the vote.
There being 91 votes in the affirmative
and 47 in the negative, the motion is
carried and the amendment is adopted.
Delegate Gleason.
DELEGATE GLEASON: A parliamen-
tary inquiry, Mr. Chairman.
THE CHAIRMAN: State the inquiry.
DELEGATE GLEASON: Is it in order
at this time to move to reconsider the vote
of yesterday on the comptrollership?
THE CHAIRMAN: It will be in order.
I would suggest that we dispose of this
question. You will still have the oppor-
tunity to renew the vote at that time.
The question now arises on the adoption
of Committee Recommendation EB-1 as
amended, that the office of attorney general
be provided for in the Constitution. A vote
Aye is a vote in favor of that recommenda-
tion as amended, as the Chair just read it.
A vote No is a vote against. Cast your
vote.
Has every delegate voted? Does any dele-
gate desire to change his vote?
The Clerk will record the vote.
There being 97 votes in the affirmative
and 40 in the negative, the recommendation
as amended is approved.
For what purpose does Delegate Gleason
rise?
DELEGATE GLEASON: Mr. Chair-
man, I move that the Committee recon-
sider its vote of yesterday with respect
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