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discussions which will follow.
DELEGATE CLARK: Delegate Willoner.
DELEGATE WILLONER: Well, to do it as quickly
as possible, the intent of the Committee was originally
to protect the right that we now have to remove civil
cases absolutely, but after discussion with several Members
of the Body after the Committee report was prepared, I would
call it a compromise position, but in any event a position
that would obviate the problems referred to by Delegates
Scanlan and Powers in a debate that we had on this when it
was in the judicial section. Committee amendment H was
prepared which allows the right of removal, and I will read
it, in all actions at law eliminating the equity aspects
of it that is in the Committee report because the Court of
Appeals in a rather strange but I think rather proper
decision eliminated equity out of the present Constitution,
in all actions in law if a party suggests in writing that it
cannot have a fair and impartial trial in which the action
is pending, the Court shall rule that it be moved out of
the county for trial.
In other words, this would contemplate regulation |