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would it not be better to use the word
"listed" again in line 32?
THE PRESIDENT: Delegate Penniman.
DELEGATE PENNIMAN: It would
not, in my view, have any change of mean-
ing. One could be chosen by any number of
methods. It was not our intention to sug-
gest any method by using the word
"chosen." In my view the word "chosen"
or "listed" in this particular spot would
mean the same thing. I intended no sug-
gestion as to the method by which he
should have become the chosen person to
go on the list.
THE PRESIDENT: Delegate Fornos.
DELEGATE PORNOS: It appears it
might place the presumption that, rather
than elected, the man was chosen. Would
you accept the word "listed" in line 32 as
you have in line 29?
THE PRESIDENT: Delegate Penniman.
DELEGATE PENNIMAN: I have no
objection. This is the first time some one
raised it. The word "chosen" suggested
that he had been chosen in a primary elec-
tion and you objected to it that way, so he
seems to be open to several possible ways
of being chosen. I do not see any particu-
lar objection to changing it.
THE PRESIDENT: Delegate Fornos.
DELEGATE FORNOS: Can we agree to
that change, or do you have to offer a
written amendment?
THE PRESIDENT: Delegate Penniman,
if you desire to modify the amendment sub-
mitted by the Committee, you may do so.
In line 32 on page 2, as I understand it, if
you accept the suggestion, you would be
changing the word "chosen" to the word
"listed."
DELEGATE FORNOS: Listed on the
ballot?
DELEGATE PENNIMAN: I will ac-
cept it.
TPIE PRESIDENT: Is there any objec-
tion to considering the amendments recom-
mended by the Committee modified so that
in line 32 on page 2 the words "chosen to
run" are deleted and the words "listed on
the ballot" are inserted in lieu thereof?
If there is no objection, the amendments
will be so modified.
Are there any other questions?
Delegate Grant.
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DELEGATE GRANT: Mr. Chairman, on
page 13 you have a section 4.34, "State'.;
Attorneys." I presume this is to indi-at •
that state's attorneys are to be considi re:l
part of the Executive Branch? Is t-- 1
correct?
THE PRESIDENT: Delegate Pennim.i-n.
DELEGATE PENNIMAN: This h tin-
way it came to us. We left it as it v.as;
yes, sir.
THE PRESIDENT: Delegate Grant.
DELEGATE GRANT: I am correct then
that state's attorneys are part of the uxucu-
tive branch, and, therefore, anything re-
ferring to the executive branch would also
refer to state's attorneys.
THE PRESIDENT: The Chair would
assume that to be true, since the only
branches being provided for in the consti-
tution being drafted by this Convention ure
the executive, legislative and judicial, and
there is no indication at least that the
state's attorney is a part of the judicial
branch or the legislative. The inclusion in
this article would seem to indicate that he
is in the executive branch.
THE PRESIDENT: Delegate Grant.
DELEGATE GRANT: That was in con-
junction with 4.30 which referred to the
personnel in the executive branch.
THE PRESIDENT: I take it, Delegate
Morgan, that this is a question more- for
you than for Delegate Penniman. The ques-
tion is whether or not the inclusion of
section 4.34 in this article was intruded
to indicate that the office of state's attorney
was included in the executive branch f? o
that section 4.30, referring to person:: in
the executive branch, would be applicable to
state's attorneys.
DELEGATE MORGAN: I do not think
there is any question about it. We always
assumed the state's attorneys were mem-
bers of the executive branch. They perform
an executive function.
THE PRESIDENT: Delegate Grant,
DELEGATE GRANT: I just wanted to
make sure that was in the record.
THE PRESIDENT: Are there any other
questions? Delegate Henderson.
DELEGATE HENDERSON: The state's
attorneys I believe are paid locally. They
are not paid by the State and we have not
made any provision for them. The execu-
tive branch article takes them on our pay-
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