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For what purpose does Delegate Clagett
rise?
DELEGATE CLAGETT: Mr. Chairman,
may we likewise extend equally warm greet-
ings to the remainder of the Hopkins family
which is in the gallery back of you ?
(Applause.)
THE CHAIRMAN: Delegate Willoner.
DELEGATE WILLONER: I ask the Con-
vention to welcome two of my secretaries,
Nora Freeman and Janet Sherbert, Mrs.
Freeman's daughter Donna, her mother
Mrs. Edwards, and Mrs. Sherbert's sons
Douglas and Gregory. They are here to
check on me and see that I really do exist,
since they have not seen me for so long.
(Applause.)
THE CHAIRMAN: The Clerk will read
the amendment.
READING CLERK: Amendment No. 2 to
Committee Recommendation EB-2, by Dele-
gate Gallagher: On page 2 fol owing line 12
of section 4, Powers and Duties of the
Attorney General, add this new section:
"Section Counsel to the Governor
"The governor may appoint counsel who
shall have the same qualifications as re-
quired for the Attorney General."
THE CHAIRMAN: The amendment is
submitted by Delegate Gallagher. Is there
a second ?
(T fi e amendment was duly seconded.)
THE CHAIRMAN: The Chair recognizes
Delegate Gallagher to speak to the amend-
ment.
DELEGATE GALLAGHER: Mr. Chair-
man, ladies and gentlemen, I would like to
say by way of preference that I trust Dele-
gate Dorsey will give the same report to
his Committee he gave to LB-1, where I
note on checking he voted against the Com-
mittee on final vote.
Chairman Morgan, in the presentation of
the argument on EB-2, stated that it was
contemplated that because of the prohibi-
tion being removed from the present con-
stitution that the governor could not retain
counsel unless specifically authorized by the
General Assembly, that that elimination of
the prohibition would in fact impliedly al-
low the governor to appoint his own
counsel.
I do believe, because there may be some
occasions in the future which may be la-
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mentable but nevertheless will be realistic,
when the governor and the General As-
sembly may be at odds with respect to
matters of policy or budget or other mat-
ters which may separate them, that it would
be well to provide in the constitution to
allow the governor to appoint counsel.
It would seem to me from what we have
known with respect to past practices in the
State of Maryland that the governors have
from time to time been required to call upon
outside counsel, counsel who were not em-
ployees of the State of Maryland, and who
were not officers of the State of Maryland,
for legal advice.
I think it is time that we say to it that
this particular function, that of advising
the governor as his own counsel, should be
recognized in the constitution. The office
itself is recognized in many other states,
and the office exists quite fruitfully in many
other states.
It is not at all unusual for the attorney
general and governor to be of opposite
political parties. Neither is it unusual when
they belong to the same political party to
have them at odds within their own politi-
cal factions, so it would seem to me a wise
thing to do, in order to enable the governor
to carry out his duties, to have at his elbow
a constitutionally recognized state legal
officer who shall be his own.
Parroting the words of Delegate Ed
Clarke, I think every governor should have
a lawyer he can call his own.
Consequently, to establish this office in
the constitution would seem to me to be a
wise device, and since Chairman Morgan
indicated that it was impliedly smiled upon
by his committee language, I would trust
we could go farther than a smile and insti-
tutionalize it in the Constitution.
THE CHAIRMAN: Are there any ques-
tions of the sponsor of the amendment?
Delegate Marion.
DELEGATE MARION: Delegate Gallag-
her, would it be possible and would it be
your intention by this amendment that
counsel appointed by the governor might
either be a full time staff position working
at the governor's elbow, or miu'ht also be
an attorney who represented other interests
as well but was engaged to represent the
Governor as counsel on those matters
which the Governor called to his attention
on a part-time basis ?
THE CHAIRMAN: Delegate Gallagher.
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