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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10252   View pdf image (33K)
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10,252

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speak in favor of the amendment?

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DELEGATE MACDONALD: I do, Mr. Chairman.

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THE CHAIRMAN: You may proceed.

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DELEGATE MACDONALD: I must take issue with

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our respected colleague, Delegate Henderson. The

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abuses have been that these suggestions for removal have

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been filed at the last minute, and that they have been

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used for purposes of delay. Amendment 25 corrects that

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situation completely.

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Now this gives a right to removal, provided

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the party wanting the removal files his request in time.

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The Court of Appeals can provide how much time that must

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be before trial.

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The question really is, are you going to leave

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the question of removal up to the litigant, up to the

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parties involved or are you going to leave it up to the

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court, and I suggest that this right should be in the

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party. After all, it is his bowl of soup and he should

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have the right to determine whether he wants to be tried

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in this county or another county.

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THE CHAIRMAN: Delegate James.

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10252   View pdf image (33K)
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