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DELEGATE SCHNEIDER: I do not
think that is an answer to my question. If
you are going to go in and enforce this
and you go to the Court and say it is con-
stitutionally mandated that the right of re-
moval shall be provided, who is the Court
going to order to do it? The General As-
sembly or the Court of Appeals? Can it
order either one, or can you order either
one?
THE CHAIRMAN: Is that a question?
DELEGATE SCHNEIDER: I tried to
make it a question.
THE CHAIRMAN: Delegate Moser?
DELEGATE MOSER: No one can order
anyone to do this. It is simply a mandate.
That is to say that there is no legal way to
do it. It is a mandate to them which pre-
sumably would not be ignored, but I do not
believe that except if there were a viola-
tion of due process that this could be en-
forced. We have had this question up many,
many times and it envisions more than a
ministerial act. Therefore it would not be
enforceable in that respect.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition? Delegate
Sherbow.
DELEGATE SHERBOW: Will Delegate
Moser yield to a question?
THE CHAIRMAN: Delegate Moser, do
you yield to another question?
DELEGATE MOSER: With hesitation.
THE CHAIRMAN: Delegate Sherbow.
DELEGATE SHERBOW: In the event
this amendment is voted down, the Scanlan
amendment remains and this section is
taken down, would not the Court of Ap-
peals and would not in the alternative the
General Assembly have this right anyway?
THE CHAIRMAN: Delegate Moser?
DELEGATE MOSER: Absolutely right.
This is a substitute. They would have this
right, but it does give recognition. It ac-
complishes somewhat more for those who
want that rather than entirely omitting it
in the sense that it is a mandate to the
Court or to the General Assembly.
THE CHAIRMAN: Are you ready for
the question?
(Call for the question.)
THE CHAIRMAN: The Clerk will ring
the quorum bell.
Delegate Johnson.
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DELEGATE JOHNSON: Mr. Chairman
and ladies and gentlemen: Just very briefly,
as Delegate Willoner said, this is certainly
my second line position. I will support this
amendment. We have a right of removal
in our present Constitution and I believe
we should have a right of removal in our
new Constitution.
Delegate Sherbow has indicated that the
Court of Appeals and the General Assembly
shall have the power. However, the citi-
zens, the people of this State, will not have
the right of removal unless the General
Assembly with the Court of Appeals by
rule acts. If we adopt this amendment we
are giving to the citizens of this State,
subject to controls and regulation by the
General Assembly and the Court of Ap-
peals by rule, this right of removal. I say
let us adopt this amendment.
THE CHAIRMAN: Are you ready for
the question?
(Call f 07- the question.)
THE CHAIRMAN: The question arises
on the adoption of Amendment 13-B as a
substitute for Amendment No. 13 to Com-
mittee Recommendation R&P-2. The ques-
tion is only a vote on the substitution.
A vote Aye is a vote in favor of the
substitution; a vote No is a vote against
the substitution. In either event you will
have the principal question submitted to
you.
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 73 votes in the affirmative
and 40 in the negative, the motion carries.
Amendment 13-B is adopted as a substitute
for Amendment 13.
So that the record may be clear, before
we leave Amendment No. 13 which has not
been disposed of, will you please mark your
copies so that the preliminary language
is corrected to read as follows: This is tho
substitution in the first four lines: On page
3 restore lines 11 and 12 and in line 14
insert the following: —
For what purpose does Delegate Harry
Taylor rise?
DELEGATE H. TAYLOR: A point of
personal privilege.
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