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recommended in the amendment to the amendment, because if
we use the language for which there was no right of
trial by jury of common law, we are then going to need
further explanatory language to determine whether it is a
common law way back or whether it is the common law as
developed by our statutes and by our juris prudence in
Maryland.
I want to point out, Mr. President, that some
little confusion has entered into this area by the cita-
tion of Federal cases. I find no specific provision in the
Federal Constitution comparable to our section 5 of our
present Declaration of Rights, and because of that I feel
that there may be some little difference in the develop-
ment of the common law and the trial by the jury in the
Federal system and in the system of Maryland.
We meant by this provision to adhere to, not
to enlarge or dispariage our common law trial by jury as
we have always known it.
THE CHAIRMAN: Delegate Koger.
DELEGATE KOGLR: Mr. Chairman and fellow dele-
gates: