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DELEGATE CARSON: Mr. Chairman,
ladies and gentlemen, the language which
the majority proposes and which our
amendment would have the benefit of keep-
ing maintains the individual's right to be
charged by a grand jury in cases of capital
or otherwise infamous crimes. This is ex-
actly the language of the U. S. Fifth
Amendment.
Under the federal system, an accused
may waive the trial by jury. He may waive
his right to be presented by indictment if
he so desires, except in cases of capital
crime. So these rights may be waived and
the federal cases are very clear to that
effect.
I think it is desirable that in cases that
are very serious, an individual not be
charged merely by a prosecutor signing a
piece of paper. I think it is essential in
serious crime that a grand jury sit down
and decide that a charge ought to be made.
Now this would not be necessary in minor
crimes.
I do think it is important enough to put
in our constitution as the founding fathers
thought it important enough or the amend-
ment thereto shortly thereafter in the fed-
eral Bill of Rights. I suggest that you vote
in favor of this provision regardless of the
record of destroying the rest of these pro-
visions, which I voted for also.
THE CHAIRMAN: Before continuing
with debate, the Chair wants to make an
announcement and ask the Clerk to ring
the quorum bell.
We are in a situation where, because of
the protracted sessions of the Convention,
the Committee on Style, Drafting and Ar-
rangement and the Committee working on
the transitional provisions are unable to
meet for sufficient lengths of time to work
on and make available reports for the con-
sideration of the Convention.
As indicated earlier in the week, it is
imperative that we have a period of at
least two, and preferably three days, to
enable these committees to complete their
work and present it to the Convention.
If we continue the announced schedule of
sessions of the Convention for today, to-
morrow and Saturday, and succeed in com-
pleting consideration of every item on the
agenda, and then permit these two com-
mittees to go to work on their various mat-
ters we would then be in a position to pre-
sent their written reports to the delegates
and allow the delegates time enough to
study them and begin debate next week.
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Consideration has been given to the pos-
sibility of continuing as earlier announced,
and then recessing next week, except for
those two committees, having their reports
completed and sent to delegates by mail, so
that the delegates could then be prepared
to debate those reports on the very first
day they resumed sessions. With the mail
as it is at this time of the year, there is
no certainty that the delegates would re-
ceive the reports in time.
Accordingly, it is planned to continue the
debate on R&P-2 this afternoon until it is
concluded, hopefully in a very brief re-
maining period of time. We would not
have a session of the Convention or of the
Committee of the Whole or the Convention
this evening, allowing this evening for the
meeting of the Committee on Style and of
the committee working on the transitional
provisions.
We will continue tomorrow with the ses-
sion of the Convention as planned. Where-
ever we may be in the late afternoon or
early evening tomorrow, we will adjourn
and not have a session tomorrow evening,
nor Saturday and Monday. We would re-
quest all delegates serving on the two com-
mittees which I mentioned to remain, not-
withstanding the fact that the Convention
is not in session tomorrow evening, Satur-
day and Monday, and be in a position to
present to the Convention on Tuesday re-
ports which they will have been able to
complete by that time.
Following this procedure it is hoped that
we could get at least one of the reports of
the Committee on Style in your hands be-
fore you leave tomorrow so that you could
have it over the weekend and be prepared
to debate it when the Convention resumes
its session on Tuesday.
It is contemplated that the Convention
would resume on Tuesday at 2 o'clock and
have a session Tuesday afternoon, Tuesday
evening; Wednesday morning, afternoon
and evening; Thursday morning and after-
noon, but not evening. The Convention
would then recess or adjourn on Thursday
of next week until after Christmas.
In order to accomplish this it is impera-
tive that we complete R&P-2 this evening.
We do not want to break for dinner and
come back, and certainly we do not want to
delay dinner to an unreasonable hour.
I would therefore urge that the debate
on the remaining provisions of R&P-2 be
kept to a minimum and that we act
promptly. Delegates are urged to remain
in the chamber so that we can vote quickly,
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