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THE CHAIRMAN: Any other delegate desire to
speak in favor?
Delegate Weidemeyer.
DELEGATE WEIDEMEYER: Mr. President, Members
of the Committee:
I rise in favor of the amendment.
If we look at section 551, we find, as
Delegate Henderson pointed out, that both the legislature
and the court have a concurrent jurisdiction in rule
making power, and that the last one to speak on the
subject is the rule to be applied; but also in
section 5.51, it begins "except as to matters specifically
provided by this Constitution."
Now, if you leave these words, as prescribed
by rule, in, then you are not complying with the intent of
5.51, and that is to give concurrent power; and you are
vesting it wholly in the cour rather than giving the
concurrent rule making power to both the court and the
legislature.
I would think that if we take it out and the
court rules on it, then we are operating under the rule.