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thing. At one time equity was a removal right in the

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Constitution, In the 1867 Constitution, It was not until

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1922 that the Court of Appeals in a rather torturous

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line of reasoning took the right of removal of equity

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cases out. We have since had right of removal only in law

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cases. The basic objection, of course, is the fact when

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you go before a judge and you don't think you are going to

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get a fair trial, the only person who can decide whether

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you are going to get a fair trial or whether he should

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disqualify himself is the judge. I suggest to you if you

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ha4 to ask him whether he was going to be fair and

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disqualify himself, you wouldn't have had to ask him

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to disqualify himself in the first place, The second

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objection, however, I think, would assume that we would

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have a judiciary which would in all cases be reasonable

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and fair.

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This is a fact, that there is growing in

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this country a movement to combine law and equity. This

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is a current Federal procedure, and there may come a

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time when we want to abolish the distinction between law

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and equity, and I would hate to see written into this