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Mr. Bamberger is also a member of the Rules Committee and
he knows with what diligence that body operates and how
representative it is of the sentiments throughout the State
I hope that the amendment will not prevail.
THE CHAIRMAN: Is there any other person,
delegate, that desires to speak to the amendment?
Delegate Johnson.
DELEGATE JOHNSON: May I speak in favor of
the amendment in this way -- and it is really an answer to
the statement, and perilaps in contradiction to the state-
ment made by Delegate Henderson.
Rule 5.51, whereas it does in fact provide
that there will be concurrent rule making power between the
legislature and the court, by virtue of its first phrase,
where it states, "except as to matters specifically providec
by this Constitution to be prescribed by rule," that
phrase means that wherever the term "rule" is used in
the Constitution and specifically in Article V, it is
exclusively in the power, it is exclusively rule making
power in the court. Therefore, Delegate Bamberger's
argument, and his amendment, is well taken.