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DELEGATE HARDWICKE: Mr. Chair-
man, it occurs to me as far as a point of
personal privilege is concerned, that where
you take language out of the existing Con-
stitution, it knocks the props out of previ-
ous judicial reasoning. If that is done, I
do not see how you can correct it in this
body by statements made to the contrary.
I realize you left the door open for
amendments which could take care of that
gap.
THE CHAIRMAN : You are putting into
words exactly the matter which is troubling
the Chair. I think the rank language stand-
ing alone is relatively clear. It does omit
the qualifying language in Article 5 in the
present Declaration of Rights.
The Chair is merely trying to put the
matter in such a posture that appropriate
amendments can be offered if desired.
Delegate Hardwicke.
DELEGATE HARDWICKE: I only sug-
gest, Mr. Chairman, that the problem is
more far-reaching than this particular
provision. I do not think we should delude
ourselves with regard to the extent to
which we can change the plain import of
the words.
THE CHAIRMAN: I quite agree, and
the Chair did not niean to indicate by the
statement of intent just given, nor to ex-
press an opinion that this is in any way
binding upon the courts and will be fol-
lowed by the courts. I was merely intending
to indicate to the Committee of the Whole
what is apparently the intent.
For what purpose does Delegate Clagett
rise?
DELEGATE CLAGETT: Mr. Chairman,
to inquire whether Delegate Case will yield
to a question.
THE CHAIRMAN : Delegate Case, would
you take the floor to yield to a question?
DELEGATE CASE: Yes, sir.
DELEGATE CLAGETT: Delegate Case,
do you now intend to represent to the Com-
mittee of the Whole your formerly sug-
gested but withdrawn Amendment No. 15?
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: Well, Delegate
Clagett, and Mr. Chairman and ladies and
gentlemen of this Committee, I think that
this matter has come to a point now where
in all probability, so that the history of
this Convention can be once and for all
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made clear, I should re-offer the amend-
ment so that we can have a vote on it.
THE CHAIRMAN: Delegate Case, the
Chair would like to inquire whether you
are proposing -to offer Amendment No. 15
in the form originally offered, or whether
you propose any modification of it.
DELEGATE CASE: Mr. Chairman, the
purpose of this amendment is to state in
the constitution the concept that you so
ably expressed as your understanding of
the intent of the Committee as stated by
Chairman Kiefer. Now, if anybody can
suggest any language which would do that
better, I would certainly accept the amend-
ment.
I have no pride of authorship. As a
matter of fact, these are not my words.
One of the co-sponsors drew the amend-
ment.
What I am trying to do here is to pre-
serve a concept which I think is a valuable
one in the law of this State. No words
have occurred to me, but perhaps some of
the 70-odd lawyers in the hall who are
listening to what I am saying can offer
words which would meet this point.
THE CHAIRMAN : Very well.
Amendment No. 15, having been with-
drawn, is now resubmitted by Delegate
Case and seconded by Delegates Lord and
Carson.
For what purpose does Delegate Weide-
meyer rise?
DELEGATE WEIDEMEYER: Mr.
President, I rose before when we were in
the discussion of the Committee's meeting,
and I, with Delegate Childs, helped to draft
this section. We had before us Article 5 of
the present Declaration of Rights, and we
had Article 21.
THE CHAIRMAN: I think I should ac-
cord the privilege to Delegate Case to
speak first.
DELEGATE CASE: Mr. Chairman and
ladies and gentlemen of the Committee of
the Whole: Again let me state that the
purpose of this amendment is not to deny
a jury trial to anyone, except in those
cases where our Court of Appeals has sug-
gested that a jury trial is not appropriate.
The Court of Appeals has called these cases
petty offenses, and we took the words from
the opinions of the Court of Appeals that
I cited to you earlier. The same phrase is
used by the Supreme Court of the United
States in the quotation which I read, and
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