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judicial power under section 5.01 and judicial function,
I suppose quasi-judicial body, administrative agency;
ny question is this: Could the legislature set up a body -
take probate courts; you mentioned that -- can it set up
upon
a body which is called a court and/which is conferred
comission g, probate jurisdiction, has judges called pro*
siding officers, judges appointed by the Governor, but has
no function ether than judicial in any reasonable sense,
remove all probate functions from the judicial arm?
DELEGATE MUDD: I think theanswer to that is
no, because presumably it would be a conflict of jurisdic-
tion there, if the legislature in the exercise of the
power delegated to it here to prescribe jurisdictions of
the four tier syltem prescribes probate jurisdiction in
the superior court, that would be the end of it*
THE CHAIRMAN: Delegate Dukes.
DELEGATE DUKES: What is the effect of the
article on the present tax court?
DELEGATE MUDD: It is not a court, as I under'
stand it*
DELEGATE DUKES: what are its functions, other