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sions, but, in any event, should be embodied
within our constitution. If so, I can see no
trouble at all with the language of our
present recommendation.
I do see some possible trouble with the
language recommended in the amendment
to the amendment, because if we use the
language for which there was no right of
trial by jury at common law, we are then
going to need further explanatory language
to determine whether it is a common law
way back or whether it is the common law
as developed by our statutes and by our
jurisprudence in Maryland.
I want to point out, Mr. President, that
some little confusion has entered into this
area by the citation of federal cases. I find
no specific provision in the Federal Con-
stitution comparable to Section 5 of our
present Declaration of Rights, and because
of that I feel that there may be some little
difference in the development of the com-
mon law and the trial by jury in the federal
system and in the system of Maryland,
We meant by this provision to adhere
to, not to enlarge or disparage our com-
mon law trial by jury as we have always
known it.
THE CHAIRMAN: Delegate Roger.
DELEGATE KOGER: Mr. Chairman and
fellow delegates, sometimes when a person
is arrested for something it is the most
important thing that will ever happen to
him in his life, and people hold those
situations involved in their personal lives
very dear.
I know of a case of a lady who was ac-
cused of shoplifting. It was proved later
on that she did not steal anything. She was
accused of it. I do not know whether it
comes under petty offenses or not, but it
seems to be a very petty offense to me.
I think we should not tamper with the
constitutional laws at all, and we should
allow everyone who would like an opportu-
nity of a jury trial, to get it, if it is given
to them under the Constitution of the
United States government.
THE CHAIRMAN: Are you ready for
the question?
(Call for the question.)
The Clerk will ring the quorum bell.
The question arises on the adoption of
Amendment No. 15. A vote Aye is a vote
in favor of the amendment, a vote No is a
vote against.
Cast your votes.
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Has every delegate voted? Does any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 37 votes in the affirmative
and 78 in the negative, the motion is lost
and the amendment fails.
Are there any amendments to section 8?
Delegate Taylor, do you still desire to
offer your amendment?
DELEGATE TAYLOR: Yes, I do.
THE CHAIRMAN: Very well.
The pages will please distribute Amend-
ment G.
While the pages are distributing the
amendment, the Chair would like to com-
ment on the obvious. We are running far
behind any kind of schedule that would
permit us to carry out the announced ob-
jective yesterday of concluding considera-
tion of all items on the agenda by Thursday
evening. The Chair would be disposed to sit
without recess as long as reasonably neces-
sary this evening to complete, at least,
consideration of this particular recommen-
dation.
I sincerely hope that the debate will have
that in mind and that we will be able to
conclude consideration of R&P-1 before we
adjourn this evening. Consideration will
also have to be given to the possibility of a
night session Thursday night if it appears
possible to conclude consideration of every-
thing on the agenda by having such a ses-
sion. We will not have a night session this
evening because committee meetings have
already been set, and it would be difficult
to change.
There will, of course, be the regular night
session tomorrow.
This will be Amendment No. 18.
The Clerk will read the amendment.
READING CLERK: Amendment No. 18
to Committee Recommendation R&P-1, by
Delegate Lloyd Taylor:
On page 4, section 8, Unusual Punish-
ments, following line 8 add the following:
"(e) The General Assembly shall pro-
vide by law for the restoration of the civil
rights of an individual lost as the result of
conviction of any crime."
THE CHAIRMAN: The amendment is
offered by Delegate Lloyd Taylor. Is there
a second?
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