permitted only as permitted by the Court of Appeals by
rule.
Action s in the District Court, actions in those
cases would be permitted only as permitted by the Court of
Appeals by rule and actions where the request is made less
than thirty days prior to trial, they would be permitted
only as permitted by the Court of Appeals by rule.
Now, this provision strikes at the heart of
the abuses to which the right of removal has been subjected
in the past. I took the liberty of contacting Judge J.
Dudley Diggs who is Chief Judge of the Seventh Judicial
Circuit and asked him for a letter on this subject and he
i was kind enough to reply and I distributed that letter
among you and you will see from that letter that in the
many, many cases in which this right of removal is exer-
cised in ninety-five and ninety-eight per cent of the
cases it is abused, it is done at the last minute.
My amendment would prevent that abuse. If the
request to remove was made within thirty days prior to
trial, it could be done only as permitted by the Court
of Appeals by rule. I would assume the Court of Appeals