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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2498   View pdf image (33K)
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2498 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 15]

docket and wanted to make it clear that
they would not be so classified.

THE CHAIRMAN: Delegate Weidemeyer,
did you understand the suggestion?

DELEGATE WEIDEMEYER: I think I
gather his intent but we would have to go
back to line 8 and strike out "and all cases
in equity" in order to make it read properly.

THE CHAIRMAN: Do you desire to
modify the amendment?

DELEGATE WEIDEMEYER: I have no
objection to the modification. There are
thirty-one other co-sponsors. I would hope
they would agree and we can get this mat-
ter settled.

THE CHAIRMAN: Is there any objection
of the sponsors to the modification?

Delegate Grant.
DELEGATE GRANT: I would object.

THE CHAIRMAN: Delegate Gill, for
what purpose do you rise? Just a second.

Delegate Weidemeyer.

DELEGATE WEIDEMEYER: I would
have no objection to having at the end of
line 16 it say "condemnation cases and
divorce cases" if that is any great fear,
because I do not think ordinarily divorce
cases are removed anyway.

THE CHAIRMAN: Is there any objection
from any of the sponsors to the suggested
change ?

DELEGATE WEIDEMEYER: I would
ask it be amended.

THE CHAIRMAN: Is there any objection
by anyone to the modification by adding
after the word "cases" — could you accom-
plish it simply by putting words "and
divorce" between "condemnation" and
"cases"?

DELEGATE WEIDEMEYER: "Condem-
nation and divorce cases."

THE CHAIRMAN: Very well. Any objec-
tion to modifying the amendment in line 1G,
after the word "condemnation" adding the
words "and divorce"?

Delegate H. Taylor.

DELEGATE H. TAYLOR: Mr. Chairman,
I think the term "domestic relations" might
be better because you get into support
cases.

THE CHAIRMAN: Delegate Weidemeyer,
would you use domestic relations instead of
divorce ?

DELEGATE WEIDEMEYER: I think
Delegate Taylor has a good point. We accept
that.

THE CHAIRMAN: Is there any objection
to modifying the amendment in line 16 by
adding after the word "condemnation" the
words "and domestic relations"?

Delegate Beatrice Miller.

DELEGATE B. MILLER: I have a ques-
tion, Mr. Chairman.

THE CHAIRMAN: Let me find out first
is there an objection. The Chair hears none.
After the word condemnation add the words
"and domestic relations."

To whom is your question directed, Dele-
gate Miller?

DELEGATE B. MILLER: Either to the
Chair or the chairman or the sponsor of the
amendment.

THE CHAIRMAN: Does it have to do
with the modification just made?

DELEGATE B. MILLER: No, sir.

THE CHAIRMAN: For what purpose
does Delegate Gill rise?

DELEGATE GILL: I would like to ask a
clarifying question from the Chair. I think
yesterday we voted on section 8, right of
removal of cases, and in amendment 13-B
the question comes to my mind because of
what Delegate Johnson said. He said we
might be accused by the people of not pro-
viding for removal of civil cases.

It is my understanding the amendment
was passed 73 to 40, Amendment 13-B,
which reads "The Court of Appeals, by rule,
or the General Assembly by law, shall pro-
vide for the right of removal of civil cases
in the trial courts."

THE CHAIRMAN: That Amendment No.
13-B was adopted as a substitute for
Amendment No. 13 by a vote of 73 to 40
but after the amendment as substituted was
put to a vote on adoption, it was rejected
by a vote of 44 to SO, so that the entire
section was finally deleted.

Delegate Beatrice Miller, will you state
your question.

DELEGATE B. MILLER: Yes, Mr. Chair-
man. I listened as hard as I could for the
last two days but I am very confused. I do
not know what all cases in equity means;
I do not know what all cases that exceed
the Jurisdictional amount — I do not know
how much the Jurisdictional amount is. I do
not know what the effect of this amendment
would be and I am unable to vote on it.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2498   View pdf image (33K)
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