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a social problem, and to that extent the
office is a political one because it responds
to the social wills of the people.
We do not think this necessarily means
that it must be strictly a partisan office.
We suggest that it remain elective, but
that it remain a non-partisan election by
the process of cross filing.
That is all I have, sir.
THE PRESIDENT: Delegate Morgan.
DELEGATE MORGAN: Mr. President,
Delegate Byrnes is correct in telling what
went on in the Executive Branch Commit-
tee. The Committee at first proposed to
provide for cross filing and running with-
out party designation in the schedule of
legislation. When we were advised that this
was inappropriate, that we could not do
that, then we specifically took up the ques-
tion as to whether to include the cross
filing and running without party designa-
tion in the constitution.
The Executive Branch Committee felt
that the General Assembly ought to have
complete flexibility in what they did about
the state's attorneys, and so they turned
that proposal down. I am sure the execu-
tive branch committee would be opposed to
this amendment.
THE PRESIDENT: Is there any further
discussion?
Are you ready for the question ?
Delegate Willoner.
DELEGATE WILLONER: Mr. Chair-
man, I spoke on this before. I think it is
one of the very important things we can
do in this Convention. It is a problem that
the President's Crime Commission has ad-
dressed itself to in studies. Rather than to
spell out the many things that we discussed
when we discussed this provision on the
floor before, I would just like to say that
it is an excellent provision and it would
go a long way to upgrading state's attor-
neys' offices in this State.
THE PRESIDENT: Is there any further
discussion ?
Delegate Churchill Murray.
DELEGATE E. C. MURRAY: Mr. Presi-
dent, I should like to say that as a layman
I heartily approve of this, and I hope that
the amendment will be supported.
THE PRESIDENT: Is there any other
discussion ?
Delegate Johnson.
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DELEGATE JOHNSON: Mr. President
and ladies and gentlemen of the Conven-
tion: Although it is perfectly obvious that
the intent by the sponsor of this amend-
ment is entirely well meaning, there are
some very definite inherent dangers in an
amendment of this nature.
First, of course, it is not a matter for
the Constitution. There should be, as Chair-
man Morgan has indicated, flexibility with
the legislature. Now, it does not take very
much imagination for each and every one
of you to realize that you will not improve
the quality of the candidates for office
merely by indicating a cross filing. I see a
move of this particular type as being one
which will create greater partisan type
elections, rather than less. In other words,
I am afraid that there will be more can-
didates filing because of the cross filing. I
think that there will be a much stronger
indication of political pressure on each and
every one of the candidates running to be
on both a Democratic and Republican
ballot.
I do not think for a minute that the
members of the public will be fooled into
not knowing who is a Republican candidate
and who is a Democratic candidate. What I
am greatly concerned about is a very
highly qualified candidate being put in a
position where he is going to have to pay
a great deal of money in order to be put
both on a Republican and Democratic
ticket.
So for those reasons and many others, I
strongly urge the Convention to reject this
amendment and to leave it up to the legis-
lature to so provide, if it can do so. How-
ever, it will be subject to change, if this
procedure does not work.
THE PRESIDENT: Are you ready for
the question?
Delegate Bennett.
DELEGATE BENNETT: I ask my fel-
low delegates to pause for just a moment
to think of the tremendous powers of the
state's attorneys. He not only has powers
and responsibilities with respect to the ac-
tual trying of cases, but he has powers to
downgrade the charge, and to accept pleas.
But most importantly, he has the power
to investigate through grand jury proceed-
ings almost anything in his area or within
the State. We have had recently an indi-
cation of how far a state's attorney can go
in the person of Mr. Jim Garrison of New
Orleans who has been investigating, as you
know, the Kennedy assassination, a situa-
tion, incidentally, which disgraces the ad-
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