10,770

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fact that there is no other State in the Union at the

2

moment that follows the majority report suggestion —

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actually in 48 States the Senate now is the trying body,

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that is the body in which the trial takes place. And one

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minor thing which I think also should be pointed out and

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that is that there is the possibility that some complications

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could arise when the courts must allow ten judges to sit

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in a special trial, both the tying up of the whole court

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system and the ineligibility of these judges to serve in

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subsequent trials of the same official for the same

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offense. However, overriding and our main argument is the

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fact that this trial should be in the hands of the elected

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representatives of the people and if you feel as we do,

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then I urge your support of this amendment.

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THE CHAIRMAN: Delegate Boyer.

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DELEGATE BOYER: Mr. Chairman, this is, of course,

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in direct conflict with the committee recommendation and

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it seems to center on the issue of who should be the

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trier of the facts and the committee feels that while the

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initiation and trial of impeachments have been tradi- i

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tionally the function of the Legislature, that actually