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entitled to the trial by jury according to the course of
that law.
Now, I will be the first to say that you will
not find a reference in our memorandum to Article 5. That
was really an oversight; nor will you find a reference to
Article 23, which is the due process article in the pre-
sent Maryland Declaration of Rights.
I believe it was the intent of the committee
that when we rewrote the article, or our recommendation,
that we were covering these three articles. We did not
take into consideration the necessity of the statute nor
did we know about these obscure laws.
We were restating we thought the constitutional
law, and that is on what we stand now.
THE CHAIRMAN: Very well, on the basis of that
statement the Chair will state that he thinks the intent
of the committee, and, therefore, of the Committee of the
Whole, is that Section 5 (a), in guaranteeing a right of
trial by jury, does so with the same meaning and provided
in Article 5 of the present Declaration of Rights, so that
it would authorize the Legislature to provide for trial