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DELEGATE KIEFER: Delegate Pullen,
that is a correct reading of Article 7, but
it is not at all germane to what we are
talking about. That comes later.
DELEGATE J. CLARK (presiding):
Are there any further questions on this
section ?
DELEGATE PULLEN: I apologize if I
am not germane, but you were talking
about a ten dollar trial a while ago and
this is only twice ten dollars.
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: But one is a civil
case, the other is a criminal case, and there
is quite a difference. We will come to the
civil within a few minutes, I hope.
DELEGATE J. CLARK (presiding):
Are there any other questions on section 5 ?
The Chair hearing none, we will move to
section 6. Are there any questions on sec-
tion 6?
This is unbelievable.
Oh, Delegate Willoner.
DELEGATE WILLONER: Sorry about
that.
Mr. Chairman, was not our intent in
adopting the language of section 6, para-
graph B, where we did not adopt the lan-
guage of the Federal Constitution, to not
adopt the procedures that follow double
jeopardy in the federal courts, but to try
the common law of Maryland as a constitu-
tional right and eliminate appeals by the
State in minor offenses ?
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: This is correct,
but if somebody asks the difference between
the two, you are going to have to answer
him.
DELEGATE J. CLARK (presiding):
Are there any further questions on section
6? The Chair recognizes Delegate Grant.
DELEGATE GRANT: In the interpreta-
tion of "compelled to be a witness against
himself," is this limited to oral testimony,
or is it also intended to exclude the intro-
duction of government records which are
required by law?
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: That is the broad
concept of the Fifth Amendment and also
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our own Declaration of Rights. It is as
broad as it can be, yes.
DELEGATE J. CLARK (presiding):
Are there any further questions on section
6? The Chair hearing none, we will move to
section 7.
DELEGATE KIEFER: Dr. Pullen, section
7 refers to civil cases, and this is where
your question would come in.
Now, the United States Constitution pro-
viding for jury trials in civil cases of twenty
dollars or more, is a matter that does not
by Supreme Court decision apply to or
affect state actions, so that what we are
making here in effect is our own statement.
This is one of the few areas where the
federal Bill of Rights is not applicable to
state action.
DELEGATE J. CLARK (presiding):
Dr. Pullen.
DELEGATE PULLEN: Mr. Chairman, I
understood that. I merely wanted to ask
the question to point out that in one case
we handle a ten dollar matter and in the
other case it is twenty — it does not make
much difference. The point is it is all predi-
cated on the value of the money involved.
DELEGATE J. CLARK (presiding):
Are there any further questions on section
7?
The Chair hears none.
We will go to section 8.
Are there any questions on section 8?
(There was no response.)
The Chair hears none.
Delegate Bothe.
DELEGATE BOTHE: Delegate Kiefer,
the Committee has determined not to in-
clude in the recommendations for the new
Declaration of Rights the content of what
is now Article 16 of the Declaration of
Rights which says that sanguinary laws
ought to be avoided as far as is consistent
with the safety of the State, and so forth.
Sanguinary law, as I understand it, is
one calling for the infliction of capital
punishment.
Could you state for the record whether
the Committee had any intention with re-
gard to the subject matter of that section
when it determined upon omitting it?
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: You do not know
the answer, or do you just want to find
out if I do not know the answer?
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