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done by the judge. I say that this indicates
strongly that the commissioner must be
answerable directly to the judge, because
any activities that were not consistent with
the behavior of the judge would be vested
upon that judge.
Delegate Dulany already mentioned the
fact that there is a great deal of discre-
tion in issuing of warrants of arrest. I
would agree with him wholeheartedly.
I submit if a commissioner has a com-
pletely different theory with respect to the
issuance of these warrants from the judge
for whom he works, you would be creating
an unconscionable situation in the courts.
I think this is no different from the
right of a judge to hire his secretaries, to
hire his law clerks or appoint masters. I
see no political pressures. This is purely
ministerial duties to take pressure off the
judge. I think it is a power that must be
left with him.
THE CHAIRMAN: Delegate Johnson,
you have left four and a quarter minutes.
DELEGATE JOHNSON: Mr. Chairman,
I yield two minutes to Delegate Hickman.
THE CHAIRMAN: Delegate Hickman.
DELEGATE HICKMAN: Mr. Chair-
man, Ladies and Gentlemen of the Com-
mittee of the Whole:
I would like to reemphasize that the
minority report is not a dissent. We think
that the present Constitution needs an im-
provement.
We think that the majority report goes
too far. We have tried to take a moderate
view. We want to come out of this Conven-
tion with a constitution which is an im-
provement over the constitution we have
at the present time, but we want to come
out with a constitution that is going to be
accepted by the people of this State.
I submit to you that the people of the
State would not understand having the
judges appoint these nonjudicial people.
Actually, in Committee we decided they
need not even be lawyers.
We do not ask that these people be
elected, but that the legislature have the
power to appoint them. We think this is
one area in which we can temper the situa-
tion so that people will feel they have some
part in the judicial system. We think it
will do no harm and that the suggestion
we make will improve the judicial branch
as much as the suggestion that was made
by the majority.
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THE CHAIRMAN: Delegate Mudd, you
have three and a half minutes.
DELEGATE MUDD: I yield three min-
utes to Delegate Marvin Smith.
THE CHAIRMAN: Delegate Marvin
^flfmith.
DELEGATE M. SMITH: Mr. Chairman,
early in the game I was approached with
reference to a plan for appointment of the
commissioners by the governor, subject to
senate confirmation, it being pointed out
that this might make the constitution and
the judicial article more palatable to cer-
tain of the political fraternity.
I am frank to admit, like the delegate
who sits on the other side of the room, I
am a part-time politician. After I analyzed
this plan, I could not and will not support
this amendment. I am concerned about the
people, and I am concerned about people
insofar as the administration of justice is
concerned. I have seen situations with our
present part-time magistrates where a poor
innocent boy — I wouldn't represent any-
thing else — accused of fighting or some
such similar thing, the magistrate says,
$1,000 bond. You bring in his parents who
own their home, worth a couple thousand
dollars, and the magistrate says, No, this
has to be cash bond."
You explain to him that he set a thou-
sand, they own their home, and that should
be adequate, and he replies, "In that case,
I will set the bond so high he cant get out."
You have nothing to do but threaten him
with a writ of habeas corpus.
Under the system proposed by this
amendment there would not be control,
there would not be supervision by the
courts. I submit to you, sir, that it is essen-
tial that these commissioners be under the
control of the courts from the standpoint
of training, from the standpoint of super-
vision, if the rights of the public are to be
protected.
THE CHAIRMAN: Delegate Johnson,
you have three-quarters of a minute.
DELEGATE JOHNSON: I will not put
an imposition upon our next speaker, and
speakers, for that matter, and ask that
these delegates comment under the uncon-
trolled time. I will take this opportunity,
if I may, to answer the statement made by
Delegate Case.
I realize, of course, that Delegate Case
was a member of the Constitutional Con-
vention Commission, and I realize he is a
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