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due notice after a conviction of the crime
for which he stands convicted, and it re-
sults in differing enforcement of the laws
depending upon different legal views of
various jurors.
The latest case on this particular section
was a case of Roger Reilly, which went to
the Supreme Court on writ of certiorari,
which the Supreme Court denied.
The Fourth Circuit in its opinion stated
"It is noteworthy that the Maryland Con-
stitutional Convention Commission which is
currently drafting proposals for submission
to a Constitutional Convention to be held
next year has under consideration a pro-
posal to delete section 5 from the Constitu-
tion. Indeed, a subcommittee has found that
the leaders of the Maryland State Bar As-
sociation have already recommended this
step.
"There is thus less reason for a court,
especially a federal court, to anticipate the
people of the State in effecting a change
in a constitutional policy."
I suggest to you fellow delegates, au-
though this particular provision of the
Constitution has been held constitutional
but is has never received the full treatment
in the Supreme Court, and if it does I sug-
gest it will be held unconstitutional.
DELEGATE JAMES (presiding) : Does
anyone wish to speak against?
Delegate Churchill Murray.
DELEGATE E. C. MURRAY: Mr.
Chairman and fellow delegates: I would
like to approach this from an entirely dif-
ferent point of view. I feel obliged to quote
Delegate Jett two or three clays ago Avhen
he said, "For whom are we preparing this
Constitution? Are we preparing it for the
attorneys of this State? Are we preparing
it for the people of the State?" And, I
might add, is there not a meeting ground
between all?
I do not want to digress except that I
think I should say when I notice the names
that are affixed to this amendment, I shud-
der with the ability and knowledge that
stands behind it.
On the other hand, it happens that I
have had an unusual amount of jury ex-
perience. I feel that someone should speak
on the matter from the standpoint of the
layman, and therefore I do so.
I recognize that it is unique, and I do
not think that that is a reason either to
keep it, or to discard it. I think that there
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are three basic questions. If these gentle-
men behind me can hear me: How do we
have it? Whence did it come? Should we
keep it?
We and our ancestors in England have
had it for at least 200 years. I cannot trace
it back of that. Sir William Poultney, who
lived from 1G84, and I do not think these
statistics mean too much, but for those who
are impressed by antiquity, 1684, to 1764
in his verse called "The Honest Jury," says
"For twelve honest men have decided the
cause, who are the judges alike of the fact
and the law."
Walpole, who lived at the same time,
said "I would rather face another man's
word than support Poultney's tongue."
Would that I had supported his tongue.
DELEGATE JAMES (presiding) : Dele-
gate Murray, your time has expired, but
you may complete the sentence or two in
your statement.
DELEGATE E. C. MURRAY: May I
rise again, because it would take four or
five minutes to put this in —
DELEGATE JAMES (presiding) : Your
time has expired.
DELEGATE E. C. MURRAY: There is
no advantage in going on unless I can
present it as an entire idea.
A DELEGATE: May I yield my time,
please?
DELEGATE JAMES (presiding) : If
there is unanimous consent, we will extend
you — how much more time will you
require?
DELEGATE E. C. MURRAY: About
three minutes.
DELEGATE JAMES (presiding) : This
is a little bit too much. We might be able
to extend you 30 seconds, or a minute, but
we would have to afford this privilege to
everyone, and I do not think we can vio-
late the rules to this extent.
For what reason does Delegate Bennett
rise?
DELEGATE BENNETT: I rise to ask
unanimous consent that this interesting bit
of history be put in the record and that
Delegate Murray be granted two minutes
additional.
DELEGATE JAMES (presiding) : All
those in favor say Aye; contrary, No.
This is an unusual honor accorded you,
sir.
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