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I would like to ask if you can visualize
any better man than a large city banker
to be the representative of the legislature
on this new type of Board we are talking
about, in place of the Board of Public
Works.
THE CHAIRMAN: Delegate James.
DELEGATE JAMES: If you are speak-
ing of this particular moment, I cannot. I
would not want to say. If you searched
Maryland over you could not possibly get
a better man, but year in and year out
over the long term of things, the chances
are you would get a man without the broad
qualifications, experience and position in
the community that the present system pro-
vides.
It is a very grave risk that you might
have a lesser quality.
THE CHAIRMAN: Delegate Boyce.
DELEGATE BOYCE: Would you say
you were opposed to the possible auditor
being selected by the General Assembly to
sit on this type of Board?
THE CHAIRMAN: Delegate James.
DELEGATE JAMES: I am not against
this Constitutional Convention doing any-
thing. I assisted in providing for a possible
auditor even if this were defeated. This
will be enacted by the next General As-
sembly.
THE CHAIRMAN: Delegate Boyce.
DELEGATE BOYCE: Would you be
unalterably opposed to that man replacing
the treasurer to sit on this Board?
THE CHAIRMAN: Delegate James.
DELEGATE JAMES: I am not going to
say I will be unalterably opposed to any-
thing, because many times I am wrong and
I reserve the right to correct an incorrect
decision.
I would say that probably the post-
auditor should not sit on this Board. I do
not think the post-auditor should be in an
administrative position. He should be what
I would like to call a critic at large, and
a critic cannot be in the position of a
reformer.
THE CHAIRMAN: Delegate Boyce.
DELEGATE BOYCE: Thank you. I ap-
preciate that. I appreciate the fact that I
too, am wrong quite frequently. I worry
about this office, because I see no need for
it to go into the constitution.
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Can you explain that need to me? I did
not get that in your talk.
THE CHAIRMAN: Delegate James.
DELEGATE JAMES: I feel that section
4.23, if I am not mistaken, of the Commit-
tee's recommendation, which reads "All
personnel in the state government not spe-
cifically dealt with in this article shall be
appointed and may be removed" — appoint-
ment would be appointment by the execu-
tive. Therefore, the legislature could not
necessarily designate the treasurer as a
representative on any administrative board,
because he would be part of the executive
branch.
DELEGATE BOYCE: You are saying
he ought to be in the constitution so he
could be appointed by the legislature?
DELEGATE JAMES: There is a big dif-
ference.
DELEGATE BOYCE: What is the dif-
ference.
DELEGATE JAMES: The election is a
collective process involving a meshing of
numerous views to achieve a single result.
The appointive power is one exercised
by a single individual. It involves the exer-
cise of executive authority as distinguished
from legislative authority.
DELEGATE BOYCE: Then you dis-
agree with the testimony of the late Pres-
ton Lane before the Constitutional Com-
mission when he said "I do not see much
sense in having the legislature elect the
treasurer. The treasurers are more respon-
sible to the governor than the legislature."
DELEGATE JAMES: That would be a
logical conclusion.
DELEGATE BOYCE: You disagree, I
suspect, with Governor Tawes in his ap-
pearance at the Constitutional Convention
when he said "I think the state treasurer
should be appointed by the governor, maybe
with the advice and consent of the Senate."
DELEGATE JAMES: If that is Gov-
ernor Tawes opinion, which I do not be-
lieve it is, I think you are using unfair
tactics.
DELEGATE BOYCE: I do not know
what unfair tactics are.
DELEGATE JAMES: I think you are
putting in something which he later
changed.
DELEGATE BOYCE: I think a lot of
people are doing a lot of changing, but I
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