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DELEGATE JAMES: Delegate Hardwicke,
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do you wish to ask a question of Delegate Weidemeyer?
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DELEGATE HARDWICKE, Yes.
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Delegate Weidemeyer, we passed S&E-2 last
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evening, the last sentence of which provides, only a
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member of the militia may be subject to a military trial,
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and then only while in actual service.
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Now if we adopt Section 11, do you propose
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that we amend S&E-2 to conform or would you propose that
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we amend Section 11 to conform to S&E-2 or would it be
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exactly the same thing?
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DELEGATE WEIDEMEYER: No. I do not think we need
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it. I think they agree. I might say, in the committee,
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in passing this, it clearly intended that our grand jury
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procedures as we now know them would not be disturbed,
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and would be placed in the Constitution, especially when
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we are not adopting the language of Article XXI,
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Declaration of Rights, which I said by implication gave the
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right to the grand jury and we have always had it so this
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would continue that right and guarantee that right of grand
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jury in certain instances.
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