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haps, or where we may need a distinction
at one time which we do not need at an-
other.
THE CHAIRMAN: Delegate Hardwicke.
DELEGATE HARDWICKE: So if we
adopt this language, the governor would
still be free to employ his own attorney?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Yes, and to
make certain of that I propose to offer a
specific amendment to that effect.
THE CHAIRMAN: Delegate James Clark.
DELEGATE J. CLARK: Delegate Gal-
lagher, if this provision were adopted, would
it not be possible for the General Assembly
to strip the attorney general of all of his
powers and duties?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Yes, it would
be possible.
THE CHAIRMAN: Delegate James Clark.
DELEGATE J. CLARK: I would think
this would be most dangerous.
THE CHAIRMAN: Delegate Dorsey.
DELEGATE DORSEY: Delegate Gallag-
her, as Chairman of the Committee on the
legislative branch, you expected this Con-
vention to back you up, did you not?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Yes.
THE CHAIRMAN: Delegate Dorsey.
DELEGATE DORSEY: Now, after three
months of considerations by the Committee
on the Executive, and after consulting with
the Chief Judge o fthe Court of Appeals of
Maryland, do you expect this Convention
now to strike down everything that this
Committee of the Executive Branch has
clone, and adopt your amendment?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Well, if it is
a felonious intent, I regret it. I do believe
I supported the recommendations of the
Committee throughout, but, on the other
hand, I do not believe that the report we
have before us this morning carries quite
the same strength that the earlier report
did, for reasons best known, 1 think, to him.
THE CHAIRMAN: Delegate Dorsey.
DELEGATE DORSEY: I might say the
report you have his morning carries the
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unanimous endorsement of the Executive
Committee.
THE CHAIRMAN: Are there any further
questions of the amendment's sponsor?
Delegate Schloeder?
DELEGATE SCHLOEDER: Mr. Gallag-
her, I wonder if you could further clarify
the di fl'erence between legal and executive
duties, following Delegate Hardwicke's ques-
tion.
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: I believe that
the distinctions between legal and execu-
tive are well known, particularly to law-
yers, and I suspect that the attorney gen-
eral could render a wonderful opinion with
respect to that if he were called upon to
do so.
The legal aspect has to do with interpret-
ing laws and giving advice with respect to
the effect of laws and the effect of certain
actions under laws as they may exist.
The executive function, on the other
hand, has to do with carrying out the laws,
and implementing the laws.
THE CHAIRMAN: Delegate Schloeder.
DELEGATE SCHLOEDER: A further
question. I am not an attorney, and maybe
you could help me by giving me an example
of a legal duty and an executive duty that
will maybe clarify it for me.
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: I believe
Delegate Bamberger gave you a good ex-
ample this morning. I think the question of
whether or not an appeal is to be taken to
the Court of Appeals or the Supreme Court
of the United States on behalf of the State
of Maryland is a policy decision which the
governor of this State ought to make. I
believe that when one surrenders that power
to the attorney that it is the attorney who
is not only making, it seems to me, a legal
prophecy, namely that he is going to be
successful, but he is also carrying the
weight and authority of the State on one
side or the other of a question, and if he
intervenes as amicus curiae, he is cer-
tainly indicating what the posture of the
State may be in a given matter, and I
think that this is something that belongs
in the hands of the executive branch.
THE CHAIRMAN: Arc there any further
questions?
Delegate Schloeder?
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