448 ADDRESSES AND STATE PAPERS

While I have consistently endorsed the Niles Plan in principle,
I believe certain practical impediments exist which will actually un-
dermine its laudable purpose. I would particularly draw your atten-
tion to those sections dealing with the composition of judicial nomi-
nating commissions. Section 5. 15 grants the Appellate Courts Nomi-
nating Commission composed of six lay persons and six lawyers (along
with a judge) the sole power to designate the lawyers who may be
appointed appellate judges. It becomes instantly apparent that one
half of the State's twenty-four subdivisions cannot possibly be repre-
sented on this Commission. If a member is chosen on the basis of
appellate circuits there can be only one law and one lay member
from each. This almost courts manipulation and could promote log-
rolling.

We must ask ourselves honestly whether we have not simply ex-
changed masters rather than secured independence; whether we have
truly removed the courts from politics or simply moved the politics
from the General Assembly to the Bar Association; whether the
judicial nominating system as proposed in the draft Constitution does
not militate against the appointment of the independent lawyer, the
rural lawyer, the lawyer with a small, private practice.

I have great concern over the constitutional propriety of Section
5. 17, which grants the Supreme Court the right to decree what class
among lawyers of the State will be eligible to serve and what class
among lawyers will participate in their selection. I urge you to seek
alternative constitutional safeguards which might more effectively and
realistically and rigorously achieve an independent judicial branch.

Article VI properly authorizes strong executive leadership in the
preparation and presentation of the State budget. Of particular in-
terest is the controversial matter of whether or not the present time
limit on State indebtedness should be increased beyond 15 years. For
most purposes, pay-as-you-go is a commendable objective and one
which I have consistently supported. The inclusion of f 10 million as
a current payment on capital improvements in the fiscal 1968 budget
attests to this fact.

Respected and experienced State fiscal experts are concerned about
the impact of any bond period extension on the State's credit rating.
I share their concern should such a privilege be uncontrolled and
abused. However, we face a need to implement unusual and massive
programs to purify our air and waters, to provide modern transporta-
tion systems, to meet the challenge to public safety.