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Delegates Bothe, Macdonald and myself that was distributed

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to you last Friday, I think, and it gives the historical

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background of the juries as judges of the law provision

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which is in our present Constitution and which Section 10

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would continue. It sets forth the reasons why we suggest

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this is an anachronistic arrangement and should not be

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continued in the new Constitution.

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I am hopeful that by providing the setting the mem-

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orandum may serve to avoid spending unnecessary time debating

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and explaining this provision which it does.

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I also refer to a memorandum which Delegate

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Churchill Murray distributed and in which is set forth --

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and in which are set forth his views for the opposing

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position.

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By deleting Section 10, "Criminal Jury, Judge of

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Law and Fact," this Convention will permit the same tvpe of

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procedure to apply in civil cases as apply in criminal

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cases with respect to instructions of judges and agreements

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of counsel. This difference in procedure which exists by

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reason of Section 10 has been a source of confusion to jurors

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for years. We submit that the time has now come to remove