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change the word "and" to "or" in line 9, there being no

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objection.

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Delegate Gallagher.

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DELEGATE GALLAGHER: Mr. Chairman, ladies and

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gentlemen of the Committee:

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This particular amendment is offered — and it

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is word for word from a section that was contained in the

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report of the Constitutional Convention Commission.

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It was omitted from the legislative committee's

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report becuase it applied to another branch of the govern-

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ment as well, that is to say, to the executive branch.

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An examination of the law would indicate that even

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though our Constitution and the Federal Constitution would

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guarantee due process to witnesses appearing before legis-

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lative bodies and their committees, and executive agen-

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cies as well, that nevertheless the scope of due process

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would not extend to a genuine fair treatment of these

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witnesses. And as you will see from the memorandum

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which is submitted and marked AB, in a leading case, Hannah

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v. Marr, uecided by the Supreme Court in 1960, it was

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specifically held that the requirements of due process
were satisfied even when subpoenaed witnesses were not given