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We thought that maybe it might be assigned
cases where juries would be required.
We wrote this section giving the legisla-
ture the right to reduce the number of
jurors in the District Court, or in any other
civil court, for reasons best known to them,
down to six.
I might say I have tried a number of
civil cases in Virginia and they have a
civil jury down there of seven, and it works
very well, but I am not urging Maryland to
adopt that.
I think the amendment does no particular
harm. Only I think it is unnecessary. I
think the provision, as we have written it.
is just as good as the amendment, and I
think it is clearer than the amendment, and
I would urge that the amendment be de-
feated and that our section stand as it is.
THE CHAIRMAN: Delegate Dorsey.
DELEGATE DORSEY: Mr. President, I
feel that this amendment simply guarantees
to anyone in a civil case that he will have
twelve men try his case in the superior
court.
Now, yesterday this Committee of the
whole guaranteed a unanimous verdict by
twelve men in criminal cases. I really be-
lieve that this body wants to do the same
thing in the superior court in civil matters.
A man can be charged on information for
assault and battery, tried before a jury of
twelve men, found guilty and fined one
dollar. For that same assault he can be sued
for a hundred thousand dollars or more. He
can be stripped of his home and all his
property by a verdict, but instead of having
twelve men to try his case, he will have to
submit it to a jury of six if the legislature
so prescribes instead of a jury of twelve.
This simply guarantees that in the supe-
rior court in all civil cases a person will
have a right to have his case submitted to a
jury of twelve men.
THE CHAIRMAN: Is there any further
discussion ?
(TI) ere was no response.)
Are you ready for the question ?
(Call for the question.)
The Clerk will ring the quorum bell.
T,he question arises on the adoption of
Amendment No. 26 to Committee Recom-
mendation R&P-1.
A vote Aye is a vote in favor of Amend-
ment No. 26. A vote No is a vote against.
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Cast your votes.
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 75 votes in the affirmative
and 45 in the negative, the motion carries.
The amendment is adopted.
Delegate Beatrice Miller, do you still de-
sire to offer your Amendment V ?
DELEGATE B. MILLER: No, Mr.
Chairman.
THE CHAIRMAN: Thank you very
much.
(Applause.)
THE CHAIRMAN: At the request of
the Chair, Delegate Willoner has agreed
to consider his Minority Report and the
amendment in support of it as withdrawn
as an amendment to Recommendation
R&P-1, with the understanding that it will
be submitted as a minority report and
amendment to Recommendation R&P-2. This
will permit the Committee of the Whole
to act finally with respect to R&P-1 before
we adjourn for dinner and enable us to
get it to the Committee very promptly.
The Chair wants to thank Delegate Wil-
loner for his consideration and also Dele-
gate Kiefer, Chairman of the Committee,
for acquiescing.
Are there any other amendments to any
sections of Committee Recommendation
R&P-1?
(There was no response.)
The question now arises on the approval
of Committee Recommendation R&P-1 as
amended.
A vote Aye is a vote in favor of the
approval of Recommendation R&P-1 as
amended. A vote No is a vote against.
Cast your votes.
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 121 votes in the affirmative
and none in the negative, the motion car-
ries. Committee Recommendation R&P-1 as
amended is adopted.
The Chair cannot help but refraining,
adding that this is a point he thought we
would never reach.
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