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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 9940   View pdf image (33K)
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DELEGATE MOSER: Yes.
DELEGATE SCHNEIDER: I understand what you mean
when the Court of Appeals or General Assembly shall — but
I don't know what it means when it says "may". You are
saying either one or the other should do something. I am
kind of at a loss to understand how we can tell them that
they shall if we don't tell one or the other to do it.
DELEGATE MOSER: The constitutional mandate
would be satisfied if either one does.
THE CHAIRMAN; Delegate Schneider.
DELEGATE SCHNEIDER; I don't think that is an
answer to my question. If you are going to go in and enforce
this and you go to the Court and say it is constitutionally
mandated that the right of removal shall be provided and
the Court says — who is the Court going to order to do it?
The General Assembly or the Court of Appeals, or can it
order either one, or can you order either one?
THE CHAIRMAN: Is that a question?
DELEGATE SCHNEIDER: I tried to make it a
question.
THE CHAIRMAN: Delegate Moser?



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 9940   View pdf image (33K)
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