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Mr. Chairman, Delegates Bamberger and
Sollins co-sponsored this amendment with
me. I understand under the rules that I
would have as much as ten minutes to
speak to it. If I could delegate some of
that time to Delegates Bamberger and Sol-
lins, Delegate Bamberger in particular, I
would do so at this point.
(First Vice President, James Clark, as-
sumed the Chair.)
DELEGATE J. CLARK (presiding) :
How much time for Delegate Bamberger?
DELEGATE BOTHE: He may have it
all, if he likes. I do not know how much
time I could yield.
DELEGATE J. CLARK (presiding) :
The Chair recognizes Delegate Bamberger.
DELEGATE BAMBERGER: Mr. Chair-
man, the point of this is to strike a com-
promise between those who feel that the
attorney general should be elected and thus
more responsive to the people and those
who feel that an administration should be
able to select that person who will direct
the legal, non-judicial legal affairs of the
State.
I am sorry that by the rules of proce-
dure of this house it comes before there is
at least on the record a vote of whether
the attorney general is to be elected or
appointed. However, I think the vote this
morning, despite the fact that it was not
directed to that issue, really decided it.
This really reaches the result that is
often reached. I think we all recognize that
in Maryland there is traditionally the
formation of a ticket of a governor, at-
torney general and the comptroller in the
primary election and then after the pri-
maries, the formation of a ticket again,
of three candidates, who campaign together,
who campaign as a coordinate and coopera-
tive team of people.
It is at least my observation that in the
past, when the successful governor and
the successful attorney general had run on
the same ticket then the attorney general
was in fact the lawyer for the governor.
And I suppose when it was not successful
it had the other result, he was the gov-
ernor for the lawyers. But there were
really sometimes two attorneys general,
one who was elected and known and one
who was not elected but known.
That certainly often happened when the
governor and the attorney general were of
different political parties. The attorney gen-
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eral's function then was primarily one of
answering inquiries from state depart-
ments which likely affect any policy of the
State, but when the governor wanted legal
advice in the formation of his legislative
program, or information of critical policy
of the State, he generally had another at-
torney who was not elected and not even
appointed, but selected and used by the
governor as his counsel.
DELEGATE J. CLARK (presiding) :
The Chair recognizes Delegate Gilchrist.
For what purpose does he rise?
DELEGATE GILCHRIST: Would Dele-
gate Bamberger yield for a question?
DELEGATE J. CLARK (presiding) :
Will the delegate yield?
DELEGATE BAMBERGER: With fear
and trepidation.
DELEGATE J. CLARK (presiding) :
Delegate Gilchrist.
DELEGATE GILCHRIST: Delegate
Bamberger, if two gubernatorial candi-
dates both felt that the same person for
attorney general was acceptable, would the
attorney general candidate get the votes
that had been cast for both gubernatorial
candidates?
DELEGATE J. CLARK (presiding) :
Delegate Bamberger.
DELEGATE BAMBERGER: No, sir.
This would be like the lieutenant governor
election. They would not be able to cross-
file. It is only in the general election; it is
not applicable to the primary election so
that cannot happen.
DELEGATE J. CLARK (presiding):
Delegate Gilchrist.
DELEGATE GILCHRIST: Would this
not in effect then make a straight ticket
voting requirement, which Maryland has
never had?
DELEGATE BAMBERGER: It makes
that same straight ticket voting require-
ment that Maryland will now have if we
adopt the provision for an elected lieuten-
ant governor.
DELEGATE J. CLARK (presiding):
Delegate Gilchrist.
DELEGATE GILCHRIST: But this is
handing another office to the voter, isn't it?
DELEGATE J. CLARK (presiding):
Delegate Bamberger.
DELEGATE BAMBERGER: Yes. It
gives the governor the prerogative of
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