|
Court of Appeals by rule or the General
Assembly by law."
THE CHAIRMAN: The Chair recog-
nizes Delegate Macdonald on a matter of
personal privilege.
DELEGATE MACDONALD: Mr. Chair-
man and fellow delegates, in the rear bal-
cony behind the rostrum are 125 students
from Stone Ridge School in Montgomery
County with their teacher, Mrs. McCarthy,
and their sponsor and friend, Mrs. Mat-
tingly. Please join me in giving them a
nice welcome.
(Applause.)
THE CHAIRMAN: Delegate White, do
you desire to be recognized on a matter of
personal privilege?
DELEGATE WHITE: Not at this time.
THE CHAIRMAN: I am afraid your
guest came in and went out.
DELEGATE WHITE: Mr. Chairman
and members of the Convention, we did
have with us earlier a group of thirty-five
students from Baltimore City School 160.
They are coming in to the rear of the
podium. There are thirty-five students from
Baltimore City School 160 and they are ac-
companied by their teachers, Mrs. Tensley
and Miss Hamer. Let us make them
welcome.
(Applause.)
THE CHAIRMAN: The Clerk will read
Amendment 13-C.
READING CLERK: Amendment No.
13-C as a substitute for Amendment No.
13 to Committee Recommendation R&P-2
by Delegate Moser:
On page 3 insert the following, beginning
in line 11: "Section 8, Right of Removal of
Civil Cases, In the trial of civil cases, there
shall be a right of removal to the extent
and under such terms and conditions as
shall be prescribed by the Court of Appeals
by rule or the General Assembly by law."
THE CHAIRMAN: Delegate Moser, the
Chair understands that you desire to sub-
stitute this for Amendment No. 13-B which
has now been substituted for Amendment
No. 13, and is, therefore, Amendment No.
13 as amended.
DELEGATE MOSER: That is correct,
sir. I would move the substitution of this.
It is not a change that I can accept, I
think, under the circumstances.
THE CHAIRMAN: Very well: Is there
a second?
|
DELEGATE BENNETT: Second.
THE CHAIRMAN: Delegate Bennett
seconds the motion.
The question now arises on the sub-
stitution.
Delegate Storm.
DELEGATE STORM: A point of
inquiry.
THE CHAIRMAN: State the inquiry.
DELEGATE STORM: How do we stand
in reference to 13 which was the Kiefer-
Willoner amendment?
THE CHAIRMAN: 13 is gone. 13-B has
been substituted for it and is before you.
Delegate Moser is now offering 13-C as a
substitute for 13-B.
Delegate Storm.
DELEGATE STORM: Mr. Chairman, 13
being gone but not by me forgotten, could
I substitute that for this substitution?
THE CHAIRMAN: No, sir.
DELEGATE STORM: Thank you.
THE CHAIRMAN: The question arises
on Amendment No. 13-C as proposed by
Delegate Moser, seconded by Delegate Ben-
nett. The Chair recognizes Delegate Moser
to speak to it.
DELEGATE MOSER: Mr. Chairman,
ladies and gentlemen, I will be very brief.
This shows presumably more clearly what
the original amendment to the amendment
was intended to do. It makes clear that the
extent of the right of removal and the type
cases that would be involved is up to either
the Court of Appeals by rule or the Gen-
eral Assembly by law. I stated on the floor
that this is what the first provision was
intended to accomplish. I would, therefore,
favor adoption of 13-C.
THE CHAIRMAN: Delegate Willoner.
DELEGATE WILLONER: Mr. Chair-
man, it is my understanding that this pro-
vision is to provide by rule or statute the
procedure that we have now, subject to
regulation by the Court of Appeals or the
General Assembly by law. If that is the
case, I would accept the substitute and vote
for it.
THE CHAIRMAN: Delegate Scanlan,
for what purpose do you rise?
DELEGATE SCANLAN: I rise to op-
pose the amendment.
THE CHAIRMAN: You may speak.
|
