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DELEGATE PENNIMAN: We tried.
We know exactly the problem you are talk-
ing about. We would like to have referred
to the organization, but it is hard. We
could strike it in most instances. It is not
at this point a particularly happy title,
but it is the best we could do as of this
moment.
THE PRESIDENT: Delegate Adkins?
DELEGATE ADKINS: Maybe it is the
late hour, but I read section 4.17 as making
a substantive change which I am confident
was not intended by the Committee. I read
this as saying, or at least a possible in-
terpretation is, that the attorney general
shall represent the State in the Court of
Appeals, the Intermediate Appellate Court
and the courts of the United States in
criminal cases and in all civil cases or
proceedings; this is not the intent of the
Committee, and I think that this can be
construed to mean that the attorney gen-
eral would thereby not represent the State
in civil cases in nisi prius courts.
It seems to me that the confusion arises
by the interposition of the language "in
all criminal cases" and specifying the
courts prior to the final conclusion "in all
civil cases or proceedings."
I am quite confident that was not the
intent. It may be the late hour that makes
me read it that way.
THE PRESIDENT: I am not sure that
I follow you. The attorney general is to
represent the State in all civil cases or
proceedings in which the State is a party
without regard to the courts. Is that your
understanding?
DELEGATE ADKINS: It is clearly my
understanding. But I think there is some
question as to whether this language says
that because of the fact that it first speci-
fies the courts —
THE PRESIDENT: No, it specifies first
in all criminal cases.
DELEGATE ADKINS: It says in all
criminal cases and in all civil cases, but it
does not indicate that the civil cases or
proceedings are in courts other than those
specified. It may be that I am reading some-
thing into it that is not here.
THE PRESIDENT: The Chair would
reach exactly the opposite conclusion which
you do. But may I suggest, Delegate Penni-
man, that in the cold light of "dawn that
you consider this language afresh, perhaps
with the aid of your co-chairman, and
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decide whether its style is as clear as it
would appear to be tonight.
DELEGATE PENNIMAN: I will be
glad to turn it over to Dr. Burdette.
THE PRESIDENT: Dr. Burdette, did
you follow the question?
Are there any other questions?
Delegate Henderson.
DELEGATE HENDERSON: I believe
you used the word, in regard to the at-
torney general, that in the case of a
vacancy a governor shall appoint a "per-
son," and again in connection with the
comptroller, appoint a "person"; did you
not mean a qualified person? In other
words, there are qualifications for each of
them set up in the preceding section.
THE PRESIDENT: Delegate Penniman.
DELEGATE PENNIMAN: I do not
think we did violence to what had already
been stated. This is the reason that I
raised the question in connection at least
with the appointment of the comptroller,
that one might want to add in line 46 that
he have these qualifications preceding his
election or his appointment.
THE PRESIDENT: When this was pre-
sented by the Executive Branch Committee
and discussed before the Committee of the
Whole, this precise question was raised. My
recollection is that the Chairman of the
Committee deliberately was not requiring
the governor in making the appointment
to follow the same qualifications. He
thought he would, but they were not re-
quiring it.
Delegate Morgan, can you recall what
the discussion was on that point?
DELEGATE MORGAN: Mr. President,
we have a couple of amendments this eve-
ning so that the same qualifications will ap-
ply to an appointed comptroller and an
appointed attorney general as to an elected
attorney general and elected comptroller.
THE PRESIDENT: Delegate Fornos.
DELEGATE FORNOS: In section 4.05,
line 29, you refer to the lieutenant gover-
nor's being listed on the ballot with the
candidate for governor, and then on line
32 you use the words "chosen to run with
the candidate."
There is no conflict there, or do you be-
lieve that a conclusion might be drawn
that this would determine the method of
selection of the lieutenant governor, or
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