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a different answer from the one given by Delegate Moser

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to Delegate Sollins1 question. I call the Convention's

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atten tion to the fact that under Section 5.01 of the

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judicial branch, we have provided that the judicial power

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of the state is vested exclusively in the unified judicial

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system, etcetera, and I would suggest that under the terms

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of that entire article, all judicial power being vested

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in the court, that the legislature would not have the power

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to vest a jury with the power to make itself a judge of

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the law in any case.

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DELEGATE JAMES: Delegate Mason, doyou wish to

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speak in favor?

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DELEGATE MASON: Yes, sir.

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DELEGAGE JAMES: You may proceed.

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DELEGATE MASON: I rise to speak in favor of the

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amendment, Mr. Chairman.

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I have had the opportunity of trying to uphold

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this particular section of the Constitution on many

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occasions in the Court of Appeals, and in the Federal Courts,

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and we have been successful, so far, but I suggest that

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if the Supreme Court ever hears argument and receives