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it raises a question in the mind of Dele-
gate Mason, I think it raises questions
that we ought not expose ourselves to.
THE CHAIRMAN: Delegate Willoner.
DELEGATE WILLONER: In my origi-
nal proposal it was left out for that rea-
son. But this is a compromise worked out
between Judge Child, Judge Henderson,
Al Scanlan, Delegate Kiefer, myself, and
Delegate Macdonald and that is the way it
is. But it certainly is the intent that the
inherent right of the court to remove a
case where there is prejudice to the de-
fendant or State would not be involved
here.
THE CHAIRMAN: Delegate Bamberger.
DELEGATE BAMBERGER: Mr. Chair-
man, may I ask if any of the parties to the
compromise have any objection to removing
that sentence?
THE CHAIRMAN: State the sentence
so that there will be no misunderstanding.
DELEGATE BAMBERGER: To remove
the sentence which begins, on line 12, "All
other criminal," and remove lines 13, 14,
and 15.
THE CHAIRMAN: Delegate Scanlan.
DE'LEGATE SCANLAN: Delegate Bam-
berger, you know my feelings on this gen-
eral subject. You can remove with my
hearty approval.
THE CHAIRMAN: Delegate Henderson?
DELEGATE HENDERSON: I am just
a little doubtful about removing it. It seems
to me that having dealt with the cases pun-
ishable by life imprisonment it was quite
appropriate to provide that these others be
covered, either by rule or by the General
Assembly.
It is quite inconceivable to me that either
the law or the rule of the court could take
away from any accused the right to a fair
trial, and therefore that those two would
have to be read together.
In other words, it certainly would be
the minimum that the rules or the law
could provide would be not to avoid the
element of due process.
THE CHAIRMAN: Delegate Macdonald.
DELEGATE MACDONALD: Mr. Chair-
man, fellow delegates, I do not share Dele-
gate Bamberger's difficulty. I think this
completes the thought.
THE CHAIRMAN: Delegate Macdonald,
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Delegate Bamberger is satisfied. He with-
draws his concern and comment.
Are you ready for the question?
(Call for the question.)
The Clerk will ring the quorum bell.
The question arises on the adoption of
Amendment No. 19 to Committee Recom-
mendation R&P-2.
A vote Aye is a vote in favor of Amend-
ment No. 19. A vote No is a vote against.
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 99 votes in the affirmative
and 7 in the negative, the motion carries.
The amendment is adopted.
The Chair understands there are no other
amendments to Section 12. Does any dele-
gate have any further amendment?
(There was no response.)
THE CHAIRMAN : If not, we reach sec-
tion 13.
Before doing that, the Chair has had
handed to it an amendment marked AQ,
which is the amendment submitted by Dele-
gate Henderson, although this one bears the
names Bothe and Willoner.
Would the pages please distribute
Amendment AQ? Please mark it 17.
I assume Delegates Bothe and Willoner
join Judge Henderson in sponsoring that
amendment?
DELEGATE BOTHE: Mr. Chairman,
this amendment was made without knowl-
edge that Judge Henderson was presenting
precisely the same, and debate on the sub-
ject at this point would obviously be in
the nature of a reconsideration of the de-
cision just made.
THE CHAIRMAN: I just want to use
the amendment to give it the number 17,
the number we have already debated, and
I wanted to know whether to leave your
name on or off.
DELEGATE BOTHE: Leave it on.
THE CHAIRMAN: Delegate Willoner.
DELEGATE WILLONER: Leave it on.
THE CHAIRMAN: Mark it Amendment
No. 17, by Delegates Willoner, Bothe and
Henderson.
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