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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 3605   View pdf image (33K)
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opposition to the amendment, yes, sir.
THE CHAIRMAN: You may proceed.
DELEGATE M. SMITH: May I suggest to you, Mr.
Chairman, that what we are really and truly talking about
here is letting the coarts administer the courts. Now,
the power does reside in the people. The power resides
in the people, and if that power of administration is
abused, the people have the power to amend this constitutio
I submit to you, sir, that the people who have
here responsibility with reference to this rule making
power overlook the procedures that have heretofore been
used insofar as that rule making power is concerned.
Now, you, Mr. Chairman, I think have been a
member of the Rules Committee. I have never been a member
of the Rules Committee of the Court of Appeals, but you
know, sir, that the practice has been, wlien the Rules
Committee was considering a rule, a draft of a rule, that
it was published in the daily record; it was circulated.
The bar and the public have been given an opportunity to be
heard, and then it is only after that that the rule has gon
to the court and has been adopted by the Court of Appeals.



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 3605   View pdf image (33K)
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