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to have due process for witnesses, to ex-
amine witnesses for and against him
under oath, and to a speedy trial by an
impartial jury without whose unanimous
consent he ought not be found guilty."
T.hat is the present Declaration of Rights.
We are not in any way attempting to
change what was already the existing
Declaration of Rights in this regard.
DELEGATE J. CLARK (presiding):
Delegate Carson.
DELEGATE CARSON: Chairman Kiefer,
is the answer to my question yes ?
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: I would assume it
is, if it is a criminal prosecution, yes.
DELEGATE J. CLARK (presiding):
Delegate Carson.
DELEGATE CARSON: The answer is
that on a crime which carries a ten dollar
fine but no possibility of incarceration the
man has a right to a jury trial under your
language. The answer is yes, then?
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: Not under my lan-
guage, under the language of the present
Declaration of Rights and under the lan-
guage that we are now recommending to
this Convention.
DELEGATE J. CLARK (presiding):
Delegate Carson.
DELEGATE CARSON: I think you have
clarified it. You mean "yes"-
DELEGATE KIEFER: Yes, I mean yes.
DELEGATE J. CLARK (presiding):
Are there any further questions on section
5?
Delegate Willoner.
DELEGATE WILLONER: I just want to
clear up something.
Delegate Bothe indicated you have an
initial right to trial by jury in a traffic
offense, but you do not. Jury trials can be
and have been limited. What happens is
you have to be tried before the traffic court,
and then you have an appeal de novo, and
at that stage of the game you can have a
jury trial.
We are not intending to change the pres-
ent law of Maryland, but the Committee
was very strong, because even this minor
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ten dollar offense could ruin a career or two
if you are convicted.
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: I might say, ladies
and gentlemen, we are getting into a field
now where I am sort of like that guide up
in the Maine woods who had a group of
people showing them around on a hunting
trip. Finally it was obvious he was lost,
and he said, "I am the best damned guide
in Maine but I think we have just gotten
over into Canada."
DELEGATE J. CLARK (presiding):
Delegate Henderson.
DELEGATE HENDERSON: I would like
to suggest perhaps if not to the Chairman,
to Mr. Willoner or one of our other experts
on criminal law that in setting up the new
court system and putting qualified judges
in the lower court instead of laymen who
are appointed for two year terms without
much qualification that there is no occasion
to continue this provision of the present
Constitution which allows duplicate trials
and appeals de novo in every type of petty
criminal case.
DELEGATE J. CLARK (presiding):
Delegate Henderson, is this not more an
argument than a question, sir?
DELEGATE HENDERSON: I expect it
is.
DELEGATE J. CLARK (presiding):
Are there any further questions on section
5?
Delegate Pullen.
DELEGATE PULLEN: Mr. Chairman, I
have been trying to entertain myself by
reading the Constitution of the United
States.
Mr. Chairman, I am referring to Article
7, trial by jury in civil cases. Is it correct
that in suits at common law where the
penalty in controversy shall exceed $20,
the right of trial by jury shall be preserved
and no fact tried by a jury shall be other-
wise reexamined in any court of the United
States, according to the rules of common
law.
DELEGATE J. CLARK (presiding):
What is your question ?
DELEGATE PULLEN: I ask if that is a
correct reading of Article 7?
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
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