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The Clerk will ring the quorum bell.
The question arises — Delegate Carson.
DELEGATE CARSON: Mr. Chairman,
I would just like to point out in opposition
to the amendment that the present Consti-
tution, section 9 of Article V has a similar
and lengthy section with regard to assist-
ant state's attorneys. I see no more reason
to put this in the Constitution than I do
with regard to assistant state's attorneys,
and I fear that by putting it in here we will
have to go back and add it there, and we
can do that ad infinitum and come out with
hundreds of thousands of words.
I am going to vote against it because I
know the General Assembly will not do
otherwise than Delegate Chabot desires
to do.
THE CHAIRMAN : Delegate Dorsey.
DELEGATE DORSEY: The language is
almost identical in Article V in the present
Constitution, giving the attorney general
such deputies and assistants which the leg-
islature may prescribe.
THE CHAIRMAN: Delegate Carson.
DELEGATE CARSON: Yes, but the
Constitution also gives the General Assem-
bly the right to appoint state's attorneys.
I do not want to go back and add all that
in there.
THE CHAIRMAN: Is there any further
comment?
Delegate Dorsey.
DELEGATE DORSEY: As I understand
it, sections 1 through 6 only refer to the
attorneys general.
THE CHAIRMAN: It includes only the
state's attorneys.
DELEGATE DORSEY: The article does,
but section 1 in Article V does not refer
to the state's attorneys.
The subhead on state's attorneys is under
Article V. The language in the old Consti-
tution is "shall appoint such deputies and
assistants as the legislature may prescribe,"
which is the identical language of this
amendment.
THE CHAIRMAN: Delegate Carson.
DELEGATE CARSON: Judge Dorsey,
there is no question that the language pro-
posed is, if not the same, at least substan-
tially the same. But sections 7 through 12
of Article V of the present Constitution re-
late to state's attorneys and they are longer
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than the sections with regard to the attor-
ney general and section 9 thereof, which
would take me five minutes to read defines
specifically how state's attorneys may be
provided for by the legislature.
DELEGATE DORSEY: They are sepa-
rate offices and separated in the article as
to offices.
THE CHAIRMAN: Delegate Dorsey,
may the Chair try to save us time and say
that the point being made by Delegate Car-
son is that in Committee Recommendation
EB-1, which has already been acted upon,
there is a provision for state's attorneys
without a provision as to the appointment
of deputies, notwithstanding the fact that
the existing Constitution contains elab-
orate provision for the appointments of
assistant state attorneys.
Is that your point?
DELEGATE CARSON: It think it is.
DELEGATE DORSEY: That section has
been acted on, and we are acting on this,
which applies to attorneys general.
Judge Henderson says he feels this lan-
guage is essential. I agree with him, and I
think the amendment should be adopted.
THE CHAIRMAN : Is there any further
discussion?
Delegate Storm.
DELEGATE STORM: I would just like
to say to Delegate Carson that 99 times out
of 100 I think he is right, and this time
I just hope he will have faith and go along,
and we will not consider all those long
things about the state's attorneys. Let us
get this one through right now.
THE CHAIRMAN: Are you ready for
the question?
(Call for the question.)
The questions arises on the adoption of
Amendment No. 10 as amended to Com-
mittee Recommendation EB-2.
A vote Aye is a vote in favor of Amend-
ment No. 10 as amended. A vote No is a
vote against.
Cast your votes.
Has every delegate voted? Does any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
Delegate James Clark.
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