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any time you can get the magistrate to come down to set the
bail. The present state of the Maryland practice is there
is a good deal of common sense used as to when the magis-
trate is going to be available to set bail. This would
make what has grown up to be subversionof the law, bring
it in consonnance with the law and instead of operating
through the back door the judge could operate through the
front door.
THE CHAIRMAN: Delegate Bothe.
DELEGATE BOTHE: Would then a court be able to
determine that an individual activity, while perhaps not
criminal or dangerous, were nevertheless disturbance of
the public peace and for that reason restrain him for
whatever period the court could justify to hold him pend-
ing trial on some offense of which he was accused?
T:-:E CHAIRMAN: Delegate Grant, you have left
time enough only to answer that question.
DELEGATE GRANT: I point out to Delegate Bothe
first of ail that this Elwood versus Ocean City case dealt
\
with that poin' , -. .d secondly that breach of peace is a
recognized crir.inal offense.