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THE CHAIRMAN: Delegate Roger.
DELEGATE KOGER: What would be
the use of having the attorney general?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: Is this a ques-
tion of whether the land is to be used for
public purposes or what is the legal ques-
tion that is involved in this thing?
THE CHAIRMAN: Delegate Roger.
DELEGATE ROGER: It should be a
public purpose, but whatever decision, I
think the people should have the benefit —
THE CHAIRMAN: I think the trouble
with the question is that you have not indi-
cated the point as to which the attorney
general expresses his opinion.
Are you saying the attorney general has
advised that the governor does not have
the power to acquire the property, is that
your supposition?
DELEGATE ROGER: Suppose a legis-
lator should ask the attorney general for
an opinion and the governor gets his
opinion from his own attorney.
THE CHAIRMAN: As to what?
DELEGATE ROGER: As to the use of
some public land for a public purpose. Who
would have the benefit of giving the cor-
rect decision?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: Well, if you
have conflicting: decisions, the governor can
take whichever one he wants, but of course
he has to be responsible for the outcome of
the thing, and it may eventuate in litiga-
tion.
THE CHAIRMAN: Delegate Harry Tay-
lor.
DELEGATE H. TAYLOR: Delegate
Morgan, can you think of any questions
that have not been asked you that you think
ought to be asked you concerning the
powers and duties of the attorney general?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: The answer is
no.
THE CHAIRMAN: The Chair assumes
after that there will be no further ques-
tioning of Chairman Morgan.
AVe will now proceed to a consideration
of Committee Recommendation ER-2.
1 request that Delegate Morgan return
to his seat.
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Delegate Gallagher, do you desire to
offer your amendment A or B, or both?
DELEGATE GALLAGHER: Mr. Chair-
man, Amendment A has been redrawn. It
is now carried as amendment F. I should
like to offer amendment F.
THE CHAIRMAN: Do you withdraw
amendment A, or you do not intend to offer
amendment A, I take it?
DELEGATE GALLAGHER: That is
correct, I do not.
THE CHAIRMAN: Do you intend to
offer B at some later point?
DELEGATE GALLAGHER: I do, sir.
THE CHAIRMAN: Very well, Pages
will please distribute amendment F.
This will be Amendment No. 1. The Clerk
will read the amendment.
READING CLERR: Amendment No. 1
to Committee Recommendation EB-2 by
Delegate Gallagher:
On pages 1 and 2 section 4, Powers and
Duties of the Attorney General in line 23
strike out everything after the period and
strike out all of line 24 and all of lines
1 through 12, inclusive, on page 2 and
insert in lieu thereof the following: "The
Attorney General shall exercise such legal
powers and legal duties as the General As-
sembly shall prescribe by public general
law."
THE CHAIRMAN: The amendment is
submitted by Delegate Gallagher. Is there
a second?
The amendment is seconded by Delegate
Bamberger.
The Chair recognizes Delegate Gallagher.
DELEGATE GALLAGHER: May I add
co-sponsors, please? I should like to add
Mr. Sollins, Mr. Bamberger, Mrs. Fre2-
lancler, Mrs. Gill, Mr. Gleason, Mr. Fox, Mr.
Grant, Mr. Groh, Mr. Burdett, Mr. Fred-
erick, Mr. MacDonald, Mr. Grumbacher,
Mr. Marion, Mr. Winslow and Mr. Singer.
THE CHAIRMAN: Very well, Delegate
Gallagher, you may speak to the amend-
ment.
DELEGATE GALLAGHER: Mr. Chair-
man, and ladies and gentlemen of the Com-
mittee: I think it is perfectly obvious this
morning that we are attempting to free/e
into the Constitution the duties of an office
at a time when we are not quite sure,
really, what the future of this office is
going to be.
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