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be under the control of the General As-
sembly and the General Assembly would
have full power to authorize the governor
specifically to remove or require the state's
attorney to step aside in any given case.
DELEGATE J. CLARK (presiding) :
Delegate Bennett.
DELEGATE BENNETT: Do you not
think it would be desirable to put something
about that specifically in the last sentence
relating to the state's attorney because
that would certainly be a controversial
case.
If you want the governor to have that
power, why not say so?
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: It—
DELEGATE J. CLARK (presiding):
The Chair would like to interrupt to an-
nounce that the former speaker of the
House, Mr. Perry Wilkinson, just came on
the floor of the House.
Let us give him a hand.
(Applause.)
DELEGATE J. CLARK (presiding):
He is the man who occupied this rostrum
when I first came here a few years back.
Also, I might announce that we have 50
members of the N.A.A.C.P., Maryland
* Chapter, from the various counties of
Maryland.
I think it would be nice to recognize
them.
(Applause.)
DELEGATE SYBERT: Mr. Chairman.
DELEGATE J. CLARK (presiding):
The Chair recognizes Delegate Sybert.
DELEGATE SYBERT: May I add to
the answer with respect to the question
proposed by Delegate Bennett of the Chair-
man of the Committee, to call attention to
the present provision in the Constitution.
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: I would be
happy if you would, Judge Sybert.
DELEGATE J. CLARK (presiding):
Delegate Sybert.
DELEGATE SYBERT: Article V, sec-
tion 3 of the present Constitution with re-
spect to attorney general, provides, in ef-
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fect, that at the request of the governor as
well as at the request of the General As-
sembly, the attorney general shall either aid
a state's attorney in the prosecution of any
criminal case or at the request of the gov-
ernor or General Assembly, according to
law, the governor or Assembly can direct
the prosecutor to defend any case in which
the State is interested.
So at the request of the governor the
attorney general can and has in the past
handled cases in which the state's attor-
ney is disqualified for one reason or an-
other under the present Constitution.
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: It is my under-
standing, Judge Sybert, and I hope you
will correct me if I am wrong, that that
language, "he shall prosecute or defend any
suit or action," has not been held to author-
ize the attorney general to go before a
grand jury in a particular county and
prosecute a criminal case.
Am I correct or incorrect?
DELEGATE J. CLARK (presiding) :
Delegate Sybert.
DELEGATE SYBERT: The Chairman
may be correct but, if so, I have never
heard of any such ruling. The broad lan-
guage of the constitution seems to permit
it under the request of the governor and
it has been done.
DELEGATE J. CLARK (presiding):
Delegate Sollins.
DELEGATE SOLLINS: With regard to
section 4.30, how does that differ from the
legislative section dealing with the calling
of a special session by the governor?
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: I think the leg-
islative article does not authorize the gov-
ernor to call the Senate alone into session.
At least that is my recollection. In other
respects, I think it is probably about the
same thing.
DELEGATE J. CLARK (presiding):
Delegate Sollins.
DELEGATE SOLLINS: With regard to
section 4.04, the salary of the governor,
you have eliminated the present constitu-
tional provision which states the salary.
Have you provided for transitional legis-
lation which will specify the gubernatorial
salary in the future?
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