|
2 3 4
5
6
n
6
9
10
11
12 13 14
15
16
17
18
19
20
21 |
THE CHAIRMAN; Delegate Hargrove.
DELEGATE HARGROVE: My qation Is: Are there
any other pwer» which the judicial system has which the
General Assembly would have by virtue of their ability
to create additional courts?
"Excluaively", as far as I can understand it,
means all powers of the judiciary are in a court system
of four tiers. When you remove exclusively, "you remove
some powers. What powers are you removing, or are
there any powers you are removino and giving to the
General Assembly by the elimination of that word?
DELEGATE JOHNSON: I do not think we are
removing any powef». is my understandincr, if my
recollection is correct, there is a Maryland case in
point that held that although our present Constitution
does not provide the word "exclusively," that by spelling
out the number and nanes of the courts that is in fact
what it means that it is an exclusive court. So that at
best the word is unnecessary in my opinion.
DELEGATE HARGROVE: The present constitution
does not contain the language "shall create any such |