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(There was no response.)
The Clerk will record the vote.
There being 40 votes in the affirmative
and 80 in the negative, the motion carries.
Amendment No. 13 as amended is rejected.
DELEGATE KIEFER: Mr. President.
THE CHAIRMAN: Delegate Kiefer.
DELEGATE KIEFER: May I suggest
that as a matter of convenience and while
we are on the subject that we dispose of
section 12, which has to do wih removal
in criminal cases?
THE CHAIRMAN: Is there any objec-
tion to taking up section 12 next?
Delegate Willoner.
DELEGATE WILLONER: Mr. Chair-
man, the committee amendment for section
12 had a minor change in it and has not
been printed yet. At least, I have not seen
a copy of it. I just gave it to them about
ten minutes ago.
THE CHAIRMAN: We will have to wait
until we get to it.
For what purpose does Delegate Weide-
meyer arise?
DELEGATE WEIDEMEYER: I do ob-
ject to passing on to section 12.
THE CHAIRMAN: We are not passing
on to it now anyhow. There is no necessity
to state your objection. We are not con-
sidering section 12 at this time.
DELEGATE WEIDEMEYER: I have
an amendment to offer. It offers a new
section to take the place if section 7 is
deleted.
DELEGATE J. CLARK: Eight.
DELEGATE WEIDEMEYER: It is
"AM".
THE CHAIRMAN : We will have to come
back to that, Delegate Weidemeyer.
The next section for consideration is sec-
tion 9.
There are two amendments. Apparently
one is to delete the entire section and the
other is to change the language of the sec-
tion.
Delegate Kiefer, do you have any prefer-
ence as to the order in which the amend-
ment should be offered?
DELEGATE KIEFER: Yes, sir, Mr.
Chairman. I think that the amendment
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marked "E" should be considered first. This
is a rewrite of this language. The language
has been approved by the Committee, and
it is the language to which Delegate
Mitchell will speak because we have not
had a report on this particular section.
THE CHAIRMAN: The Chair is not
clear. Are you saying that the Amendment
E is to be substituted by the Committee in
place of section 9 in the Committee Recom-
mendation?
DELEGATE KIEFER: That is correct,
sir.
THE CHAIRMAN: We should be able to
dispose of that rather quickly, I should
think. Who is going to move the amend-
ment?
DELEGATE KIEFER: I move the
amendment, but Delegate Mitchell will
speak to it.
THE CHAIRMAN: Delegate Mitchell.
DELEGATE MITCHELL: Mr. Presi-
dent, in order to save time when R&P-2
was presented, it was decided that instead
of the Chairman of our Committee pre-
senting the rationale of all of the sections
at the beginning of R&P-2 as was done in
R&P-1, we would present it section by sec-
tion.
THE CHAIRMAN : Very well, the Chair
will recognize you, Delegate Mitchell, to
make a presentation on behalf of the Com-
mittee, with respect to section 9. Do you
desire to come forward to the reading desk?
DELEGATE MITCHELL: No, sir.
THE CHAIRMAN: Very well. You may
proceed.
DELEGATE MITCHELL: Mr. Chair-
man and fellow delegates, we have had
extensive hearings and a number of wit-
nesses. There were a number of proposals
sent to our Committee with regard to the
concept employed in this language. A sub-
committee worked on language. It was
revised a number of times and then we
brought back the language that is presented
in the formal R&P-2 presentation.
Subsequently, in discussion with other
delegates who were not quite clear as to
the language of section 9, the Committee
has revised that and I would like to have
Mr. Kiefer read the revised language and
have that language on the desks of the
delegates as we discuss the basis for this
recommendation.
THE CHAIRMAN: I am sorry, Dele-
gate Mitchell, would you repeat that,
please?
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