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THE CHAIRMAN: State your inquiry.
DELEGATE BOILEAU: By keeping open
three sections in R&P-2, does this allow
additional sections, such as you noted in
the case of Delegate Hardwicke, to be
added?
THE CHAIRMAN: Only if they are ger-
mane to the portions that are still under
consideration, in the same way that any
new section to be added to Recommendation
R&P-2 would have to be germane to that
recommendation. In other words, if they
were germane to the subject matter of
sections 10, 11 and 13, they could be offered.
DELEGATE BOILEAU: But if they are
not germane, they cannot?
THE CHAIRMAN: No.
DELEGATE BOILEAU: Even if they are
completely new?
THE CHAIRMAN: But if they are com-
pletely new and not germane to the balance
of Committee Recommendation R&P-2, they
would not be permissible anyhow.
This being the situation, there is for con-
sideration on R&P-2 only the one amend-
ment, and pages will please distribute
amendment AU.
THE CHAIRMAN: This will be Amend-
ment No. 25.
The Clerk will read the Amendment.
READING CLERK: Amendment No. 25
to Committee Recommendation R&P-2, by
Delegates Weidemeyer, Blair, Boyer, Cha-
bot, Dabrowski, Darby, Dorsey, Caldwell,
Gleason, Grant, Groh, Hickman, Hostetter,
Hutchinson, Johnson, Kiefer, Kirkland,
Kosakowski, Macdonald, Neilson, Pascal,
Ritter, Rush, Rybczynski, Sosnowski, Saul,
Stern, Storm, H. Taylor, L. Taylor, Vecera,
and Willoner:
On page 4 immediately preceding line 1
of section 12, Right of Removal of Criminal
Cases, add this new section:
"Section Right of Removal of Civil
Cases.
All cases at law exceeding the Jurisdic-
tional amount prescribed by law and all
cases in equity shall be removed upon the
filing within a reasonable time prior to
trial as provided by law or by the Court of
Appeals by rule of a suggestion, under
oath, by a party to the case stating that
he cannot have a fair and impartial trial
where the case pending. This right shall
not apply to condemnation cases."
THE CHAIRMAN: The amendment hav-
ing been submitted by Delegate Weide-
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meyer and seconded by the numerous spon-
sors, the Chair recognizes Delegate Weide-
meyer.
DELEGATE WEIDEMEYER: Mr. Presi-
dent —
THE CHAIRMAN: Delegate Weidemeyer,
may I interrupt for a moment? This is, of
course, the same subject matter debated at
length yesterday. The Chair would sincerely
hope that debate is held to a minimum.
Delegate Weidemeyer.
DELEGATE WEIDEMEYER: Mr. Presi-
dent, I will try to make it very brief and I
do hope that debate will not be extended
because I think I can make clear in just a
few moments the purpose of this amend-
ment.
We had considerable objection from cer-
tain areas, and after a lot of work on it
yesterday, and Delegate Johnson spent valu-
able time in talking to various people, there
seemed to be a lot of objection because
they thought it would include land condem-
nation cases.
Now we have, on the last line, specifically
exempted land condemnation cases, and
there is reason for that. It should be so,
because juries that have to place land value
on land being condemned ought to be able
to view the land. It would be difficult. We
agree with you; we specifically exempted
those cases. Another thing some of them
objected to was the fact that removals were
made at the last minute. In that amend-
ment we have provided that they shall be
removed upon the filing, within a reasonable
time prior to trial, as provided by law or by
the Court of Appeals by rule. We think
that that overcomes the objection. In fact,
some of them who were violently opposed
to the Committee's original amendment are
co-sponsors on this. You will notice we have
thirty-two people on this. We have tried to
reach a lot of the people who had objections
to the original draft of section 8. I do hope
that you adopt this amendment because I
think it meets all the objections and serves
a very good purpose. It is something that
has been part of our law and procedure for
a good many years.
I know that some of you will object to it
because we are not letting the Court of
Appeals legislate on everything. Some of us
think the Court of Appeals ought to be
legislating and doing all these things; be-
cause we have not given them full sway,
they object to it. This does leave it in the
hands of the legislature, the elected people,
and up for approval or rejection.
THE CHAIRMAN: Delegate Henderson.
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