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that language did not give the General
Assembly the authority to modify the un-
qualified right of removal.
In other words, ladies and gentlemen, the
language on lines 11, 12, and 13 of Amend-
ment No. 13 may not give the Court the
right to modify the unqualified right of re-
moval which is contained in the first
sentence.
Now, turning to Amendment 13-A, this
would give unqualified right of removal in
all actions at law or in equity upon the
request of a party except that actions in-
volving real property. Removal in those
cases would be permitted only as permitted
by the Court of Appeals by rule.
Actions in cases in the districct court
would be permitted only as permitted by
the Court of Appeals by rule and actions
where the request is made less than thirty
days prior to trial. They would be per-
mitted only as permitted by the Court of
Appeals by rule.
Now, this provision strikes at the heart
of the abuses to which the right of removal
has been subjected in the past. I took the
liberty of contacting Judge J. Dudley Digges
who is Chief Judge of the Seventh Judicial
Circuit and asked him for a letter on this
subject and he was kind enough to reply. I
distributed that letter among you and you
will see from that letter that in the many,
many cases in which this right of removal
is exercised in ninety-five and ninety-eight
per cent of the cases it is abused. It is done
at the last minute.
My amendment would prevent that abuse.
If the request to remove was made within
thirty days prior to trial, it could be done
only as permitted by the Court of Appeals
by rule. I would assume the Court of Ap-
peals would pass reasonable regulations
and allow the right of removal in that case
only for good cause shown.
THE CHAIRMAN: Delegate Willoner,
do you accept the substitution or do you
wish to speak against it?
DELEGATE WILLONER: Mr. Chair-
man, this is the position of the majority
of the members of our Committee. Our posi-
tion is not to change the present practice
in that the present practice goes toward
the local prejudice in the jury, not in the
judge.
While I have great sympathy for Dele-
gate Macdonald's amendment, I feel in
speaking for the majority that the intent
of this is to preserve the present practice
except where it is abused. The Majority
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wishes to permit regulation of the right by
assigning costs in those cases where costs
are incurred because of removal, or where
an election was required a reasonable time
before a jury trial.
I do not know what Judge Henderson
was getting at when he said there were
other things that the Court could not do.
The purpose of this, which is a middle
ground, is to preserve the right of removal
but leave it subject to regulation as it is
proposed in Judge Diggs' letter. If it is
going to be in, it ought to be in so it is
regulated by the Court or General As-
sembly. I probably will not vote on this
substitution.
THE CHAIRMAN: The question arises
on the substitution of Amendment 13-A for
Amendment 13. Does anyone desire to
speak further on the motion?
(There was no response.)
•Are you ready for the question?
(Call for the question.)
The Clerk will ring the quorum bell.
For what purpose does Delegate Penni-
man rise?
DELEGATE PENNIMAN: I would like
to ask a clarifying question as to one
meaning in case this should pass.
THE CHAIRMAN: State the question.
DELEGATE PENNIMAN: I would like
to know if line 12 means prior to the date
set for the trial, or something else.
THE CHAIRMAN: Delegate Macdonald,
can you respond to the inquiry?
DELEGATE MACDONALD: That is
the intent, Mr. Chairman.
THE CHAIRMAN: Very well.
I take it, Delegate Macdonald, your an-
swer in view of the way the question was
phrased leaves the Chair in a little doubt.
The question was asked whether it meant
prior to the date set for trial and you
said yes. I wonder if you mean that or
prior to the time the trial actually begins.
I am thinking of a situation where a case
may be on preliminary assignment set for
trial on January fifth and not been reached.
If you have not moved before that date, is
it your intention that you could not post-
pone it even though it may not be reached
until January tenth?
DELEGATE MACDONALD: My inten-
tion, Mr. Chairman, is that it is the date
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