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which would permit the Court to require an election within
a reasonable time prior 'to trial, if they felt ten days or
thirty days prior to trial that an election would have to
be made,then this would be a proper regulation.
The decisions in this area, because of the
nature of the right,hve bc» extremely restrictive and
have prohibited any regulation in this area whatsoever.
The present provision in Section 8 is just far too restrict-
ive and allows no flexibility. This provision we feel
would permit the right of removal which we think is a
valid and lawful safety valve and where a party feels in
a particular jurisdiction that he cannot have a fair trial
that he can,without having to establish this to a Court
except by way of an affidavit,that this could be regulated
by the Court of Appeals so that it would not be abused,
but it is sufficiently and importantly enough a safety
valve that it should be preserved.
While we have approved the Four-Tier System
we should not abandon any rights that Maryland citizens
as-
have today/unnecessary and that is why we came up with this
Committee amendment and that is why we would oppose Delegate |