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DELEGATE J. CLARK (presiding):
All right. You have had a chance to speak
on it.
Delegate Marvin Smith.
DELEGATE M. SMITH: I do not think
the impassioned plea of Delegate Mitchell
can go unanswered. The abuses which Dele-
gate Bamberger alluded to occur not be-
cause of failure on the part of judiciary,
but the provision in the Constitution which
grants the absolute right of removal.
DELEGATE J. CLARK (presiding):
Are you ready for the question? The ques-
tion arises on the adoption of the Scanlan
amendment.
Delegate Mitchell.
DELEGATE MITCHELL: Mr. Presi-
dent, I must answer Delegate Smith.
DELEGATE J. CLARK (presiding):
Yes?
DELEGATE MITCHELL: We have an
absolute right to freedom of speech, but
it is subject to regulation. You can get out
in the picket line, but you cannot exer-
cise it so that people cannot pass on the
streets. All these other rights are subject
to regulation. The same thing is true and
that is not true and I think it is an insult
to the intelligence of this body.
DELEGATE J. CLARK (presiding):
The question arises on the adoption of
Amendment No. 12 to Committee Recom-
mendation R&P-2.
A vote Aye is a vote in favor of Amend-
ment No. 12. A vote No is a vote against.
Has every delegate voted? Does any dele-
gate desire to change his vote?
(There was no response.)
Delegate James, would you please vote
Aye for me, please?
DELEGATE JAMES: Yes.
DELEGATE J. CLARK (presiding):
The Clerk will record the roll.
There being 63 votes in the affirmative
and 54 in the negative, the motion carries.
Amendment No. 12 is adopted.
The Chair recognizes Delegate Willoner.
DELEGATE WILLONER: I understand
under your ruling at this point I can offer
Amendment H.
DELEGATE J. CLARK (presiding):
Would you agree to take up Delegate
Moser's amendment first, Amendment X?
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Delegate Moser.
DELEGATE MOSER: Under the cir-
cumstances, I do not care to offer that
amendment.
DELEGATE J. CLARK (presiding):
Very well.
Delegate Willoner.
DELEGATE WILLONER: I would of-
fer Amendment H.
DELEGATE J. CLARK (presiding):
Do you have Amendment H which would
be Amendment No. 13?
The Clerk will read the amendment.
READING CLERK: Amendment No. 13
to Committee Recommendation R&P-2 by
Delegate Kiefer:
On page 3, section 8, Right of Removal
of Civil Cases, strike out all of lines 14
through 20, inclusive, and insert in lieu
thereof the following:
"In all actions at law, a party after
suggestion under oath in writing that he
cannot have a fair and impartial trial in
the court in which the action is pending,
the court shall order the action removed
to another district or county for trial. The
Court of Appeals by rule shall provide for
reasonable regulation of this provision."
DELEGATE J. CLARK (presiding):
Delegate Macdonald, for what reason do
you rise?
DELEGATE MACDONALD: Parlia-
mentary inquiry, Mr. Chairman.
I have an Amendment W and I would
like to inquire at what appropriate mo-
ment I may offer that. I do not know if it
has been called to the Chairman's attention.
DELEGATE J. CLARK (presiding):
Delegate Macdonald, you can offer this at
any time that Amendment No. 13 is on the
floor as a substitute.
DELEGATE MACDONALD: May I of-
fer this after 13 has been introduced? May
I offer this as an amendment in the nature
of a substitute to 13?
DELEGATE J. CLARK (presiding):
Yes, that is correct.
DELEGATE MACDONALD: I would
like to do that at the appropriate time.
DELEGATE J. CLARK (presiding):
Delegate Adkins.
DELEGATE ADKINS: Parliamentary in-
quiry. I have understood the ruling of the
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