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DELEGATE MARION: I urge the de-
feat of the amendment.
THE CHAIRMAN: The Chair recog-
nizes Delegate Hostetter for one minute.
DELEGATE HOSTETTER: I rise in
support of the amendment. Delegate Kiefer
stated that this would in no way change
the situation one way or the other, but
the remark I would like to refer back to at
this time was one made by Delegate Wil-
loner, and he stated this on two different
occasions during the controlled debate, and
that was that this provision, 5 (B), would
bring the present state of the law up to
the level of a constitutional provision.
Now, what Delegate Willoner is saying
is exactly what Judge Child and the spokes-
man for the minority said, that this pro-
vision is of a statutory nature and there-
fore has no place in the constitution. I be-
lieve we here are not a super legislature.
I believe that 5 (B) should be defeated, and
deleted and I urge the passage of the
amendment.
THE CHAIRMAN: The Chair recog-
nizes Delegate Bard for one minute.
DELEGATE BARD: I should like to
speak in opposition to the amendment be-
cause as I have studied it, it is concerned
largely with pre-trial procedure. It does
limit the power of the judiciary as it
should in pre-trial procedure. It does pro-
tect the right of the accused and there-
fore, it does belong in the Bill of Rights.
THE CHAIRMAN: The Chair recog-
nizes Delegate Carson for one minute.
DELEGATE CARSON: Mr. Chairman
and ladies and gentlemen of the Committee,
the words that have given me pause in
the Majority Report are the words "neces-
sary to secure his appearance before the
court."
In many cases which I prosecuted I had
the opportunity to see where individuals
accused of crimes had actually made
threats to witnesses that they were going
to get them.
The federal courts take this into con-
sideration in setting bond and I think they
should. This is no argument against the
poor because it cuts equally against those
who have and do not have money, but I
think it would be a bad thing to constitu-
tionally prohibit the courts from consider-
ing when a man applies for bond, whether
or not he is going to go out and get those
who testify against him or get those who
are already there.
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I shall vote strongly in favor of the
amendment of Judge Child.
THE CHAIRMAN: The time for debate
expired, the time arises for a vote on
Amendment No. 12.
DELEGATE JAMES: I would like to
ask a question of the Chairman of the
Committee.
THE CHAIRMAN : Delegate Kiefer, will
you take the floor to yield to a question?
DELEGATE KIEFER: Yes.
THE CHAIRMAN: Delegate James.
DELEGATE JAMES: The question is,
does the language "other terms" include
incarceration ?
THE CHAIRMAN: Delegate Kiefer.
DELEGATE KIEFER: The answer is
yes.
THE CHAIRMAN: Delegate James.
DELEGATE JAMES: Would you object
to a clarifying amendment contingent upon
what the decision is here?
THE CHAIRMAN: I would assume he
would have to see the amendment adding
the words or including the words "incar-
ceration" after "or other terms".
DELEGATE KIEFER: I have no objec-
tion and I do not think the rest of the Com-
mittee would, because I think that was part
of the general idea.
THE CHAIRMAN: Delegate Bothe.
DELEGATE BOTHE: There is certainly
no question but that the incarceration of
the accused, who in the opinion of the court
required that measure in order to be made
to appear, is implicit in those words. I might
say, Delegate James, that the statutes deal-
ing with this subject use all the descriptive
words and it was in the interest of brevity
that we did not use all the terms which
might be used, of which incarceration is
one.
THE CHAIRMAN: In view of the fact
that it seems to be clearly the intent, the
words "or other terms" are intended to
include incarceration, the Chair suggests
it could probably be left to the Committee
on Style and the Chair requests the Com-
mittee on Style to note on line 17 of page 3
of the committee report, such clarifying
words as are necessary should be inserted
to make it clear that the term "bail" or
other terms was intended to include in-
carceration.
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