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DELEGATE CHABOT: Will the dele-
gate yield for a further question?
DELEGATE JAMES (presiding): Do
you yield?
DELEGATE JOHNSON: Yes.
DELEGATE CHABOT: Would you be
agreeable to saying that line 7 would read,
in a manner and under the circumstances
prescribed by rules or by law?
DELEGATE JOHNSON: Yes.
DELEGATE JAMES (presiding): Do
you wish that modification?
DELEGATE JOHNSON: I would be
very happy to, if that will clarify the
matter.
DELEGATE JAMES (presiding): Is
there any objection to the modification?
The modification would be, insert after the
word "manner," on line 7, and under the
circumstances; is that correct? Line 7
would now read, line 6 and 7, "The district
court in a manner and under circumstances
prescribed by rule or by law.
DELEGATE DORSE Y: Mr. President,
on line 5 if you struck out the word "each"
and added, "s" to case, making it the
plural, "cases," would that not take care
of the situation, "it shall be the right of
removal in cases before the superior court
and district court in a manner prescribed
by rule or by law."
DELEGATE JAMES (presiding) : Does
Delegate Johnson wish to made that modifi-
cation?
DELEGATE JOHNSON: I will be glad
to accept it.
DELEGATE JAMES (presiding): If
there is no objection, we will strike out the
word "case" and make cases plural, so it
would read, "removal of cases before the
superior and district court in a manner and
under the circumstances prescribed by rule
and by law.'
For what purpose does the delegate rise?
DELEGATE HARDWICKE : Mr. Chair-
man, I have a question of the proposer of
the amendment to the amendment, in order
to determine how far he intends the reach
of this amendment to go.
DELEGATE JAMES (presiding): Does
Delegate Chabot yield?
DELEGATE CHABOT: Certainly.
DELEGATE HARDWICKE: Is it your
intention, Delegate Chabot, that by rule or
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by law this right would not exist, say, in
condemnation cases, or in equity cases? In
other words, is it your intention that the
rule of the court, or the act of the legis-
lature prohibit the right with regard to
certain types or categories of cases?
DELEGATE CHABOT: I think that
that could be the consequence. I think that
the safeguard in there is that either rule
or law can operate to effectuate this right,
and since Delegate Kiefer had indicated
that the problem with leaving the matter
up to the courts alone — that the problem
that he envisioned resulted only from leav-
ing the matter up to the courts alone, that
this would provide sufficient safeguards.
DELEGATE JAMES (presiding): Dele-
gate Hardwicke.
DELEGATE HARDWICKE: Will Dele-
gate Chabot yield for another question?
DELEGATE JAMES (presiding) : Does
he yield?
DELEGATE CHABOT: Yes.
DELEGATE HARDWICKE: It is your
intention the legislature could not only
implement the right but also restrict the
right?
DELEGATE CHABOT: It could. How-
ever, we must not overlook the fact that
there is stated the mandatory word, that
there shall be the right; that the legisla-
ture has to act responsibly, I think, in
granting the right, as widely as it would
seem there is any appropriateness in the
right.
DELEGATE JAMES (presiding) : Dele-
gate Hardwicke.
DELEGATE HARDWICKE: Then you
do not intend by the added phraseology
under the circumstances that the right can
be restricted, since you say it is an
absolute right? You must not intend it
could be restricted by the legislature or by
the rule.
DELEGATE CHABOT: I did not use
the word "absolute." I think that there is
just about nothing here as to an absolute
right. I indicated that this is a mandatory
word, at least as I read it. Obviously I
did not prepare the amendment or par-
ticipate in the preparation. I think that
the effect of the amendment, with the
changes that have been accepted by Dele-
gate Johnson, both my change and Dele-
gate Della's change, would be to impose an
obligation on the General Assembly and
the court to implement this right, to the
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