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I suggest that the Committee recommendation
which would limit it to rule by the Court of Appeals
would strip the Legislature of that joint authority and
I would prefer to see it taken out of the Constitution
altogether as the Scanlan amendment proposed.
I might say one more word in connection with
this. The absolute right of removal which exists under
the present Constitution has been more abused than any
provision in the Constitution. Cases have been ready for
trial and at the last moment this absolute right of removal
this affidavit comes in and it has been used as a delaying
lactic all over the State by counsel for insurance
companies and others, but particularly in that field, I
would say.
It seems to me that the matter should be left
in the joint authority of the Legislature and the Court of
Appeals insofar as it may go beyond the protection afforded
\ by the Fourteenth Amendment. I would urge you to support
the Scanlan amendment.
DELEGATE CLARK: The Chair recognizes Delegate
Child to speak against the amendment.