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offenses for which there was no right to
trial by jury, or whether you are saying
petty offenses such as -there was no right
of trial by jury for in common law.
Delegate Case earlier indicated he did
not want to limit it to common law, and
I am not sure whether you do or not, Dele-
gate Bamberger.
DELEGATE BAMBERGER: I do not
intend to limit it to those particular of-
fenses, but I intend .to limit it to those
kinds of offenses which may be described
as petty offenses.
THE CHAIRMAN: Delegate Case, do
you consider the suggestion?
DELEGATE CASE: Mr. Chairman,
with that explanation of the language by
Delegate Bamberger, I would accept the
proposed amendment, because it is pre-
cisely what we are seeking to do here.
I do not know whether my co-sponsors
will accept it. I will have to get them all
together.
THE CHAIRMAN: We will take a few
moments, and maybe you can come up
with something.
I think we will have to move ahead. If
you are not ready for the amendment, we
will pass it and come back.
Delegate Case.
DELEGATE CASE: Mr. Chairman, the
language suggested by Delegate Bamberger
certainly meets the intent of the sponsors
of this amendment. However, I think that
there may be some better words, and I
would yield the floor to Delegate Bam-
berger to see if he has come up with some.
THE CHAIRMAN: Very well, Delegate
Bamberger.
DELEGATE BAMBERGER: Mr. Chair-
man, with the understanding that the
amendment that I proposed before and the
explanation of that amendment expressed
the intent of the proposers of Amendment
No. 15, I withdraw that amendment. I
would noKv like to offer another amend-
ment which I hope expresses it more pre-
cisely.
On line 6, after the word "offenses/' add
the words "of the type for which there
was no right of trial by jury at common
law."
I will read that once more. After the
word "offenses" on line G, add "of the type
for which there was no right of trial by
jury at common law."
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THE CHAIRMAN : Delegate Case, would
you accept the suggested modification?
DELEGATE CASE: As I understand
the language, it would be after the word
"offenses," to add "of -the type—" and I
did not get the rest of it.
THE CHAIRMAN: "Of the type for
which there iwas no right of trial by jury
at common law."
DELEGATE CASE: Yes, sir. That is
what we are trying to do here.
THE CHAIRMAN: Very well.
Is there any objection to that modifica-
tion?
Delegate Roger.
DELEGATE KOGER: I would like for
you to explain it. I am not a lawyer.
THE CHAIRMAN: Very well.
The Chair would observe that, as I think
all of the delegates would agree, it is
rather wordy, but the Committee on Style
can probably take care of that.
The amendment would now read, at the
end of section 3 add the phrase "except
that trial by jury shall not be required for
petty offenses of the type for which there
was no right of trial by jury at common
law."
I take it that that means that it is not
limited to the particular petty offenses for
which there was no right of trial by jury
at common law; but petty offenses that
may have been unknown at common law
but are of the same type, very minor of-
fenses, that there is not necessarily a right
of trial by jury for such offenses.
Is that the intent, Delegate Bamberger?
DELEGATE BAMBERGER: That is my
intention.
THE CHAIRMAN: Very well.
Delegate Koss.
DELEGATE KOSS: Mr. Chairman, at
the appropriate time, if there is such, I
would like the privilege of addressing the
question to either Delegate Bamberger or
Delegate Case.
THE CHAIRMAN: Delegate Case, will
you yield to a question?
DELEGATE CASE: Yes.
THE CPI AIRMAN: Delegate Koss.
DELEGATE KOSS: I realize the term
"petty offense" is not a term that is easily
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