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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10253   View pdf image (33K)
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20,253

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DELEGATE JAMES: Mr. Chairman, I would like

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to oppose this amendment. This amendment includes

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equity cases. Now, let's consider an injunction case

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in which it is frequently important to have an immediate

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hearing, possibly for the purpose of dissolving the

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injunction, possibly a question of whether the injunction

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should be continued. Speed of hearing is very important.

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Now if you are going to subject this type of proceeding

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to automatic right of removal, certainly it would impair

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the efficient and orderly administration of justice.

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Then too you might have an ejectment case in which it

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would be just as important to view the land, to look at the

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boundaries on the ground as in a condemnation case and

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there may be many others. This is a very, very unfortunate

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provision. It will impede the administration of justice

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and I earnestly solicit your opposition.

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THE CHAIRMAN: Any other delegate desire to

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speak in favor of the amendment?

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Delegate Johnson.

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DELEGATE JOHNSON: Mr. Chairman, ladies and

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gentlemen, I urge you to adopt this amendment. You will

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10253   View pdf image (33K)
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