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when land is involved, to send the records
to another court to be tried to me is just
in the realm of fantastic. I just cannot see
how any lawyer would want to agree to
this.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor?
Delegate Clagett.
DELEGATE CLAGETT: Mr. Chairman,
I would like to make an amendment to this
amendment, and it would be a very simple
one and not require writing, simply to
strike on line 8 the words "all cases" and
on line 9 "in equity" and on line 16 the
words which we had added by agreement
"and domestic relations."
THE CHAIRMAN: Is there any objec-
tion to the consideration of such an amend-
ment notwithstanding the fact that it is
not printed?
Delegate Weidemeyer.
DELEGATE WEIDEMEYER: I have
no objection to the amendment. I would
hope that the co-sponsors would go along
with me and get this matter settled be-
cause I think by striking what Delegate
Clagett has suggested would remove all
possible opposition to this thing, and I
might want to comment on what Delegate
Cicone said.
THE CHAIRMAN: You have no objec-
tion to the amendment on the basis that it
is not printed. Delegate Macdonald, would
you object on the ground that the amend-
ment is not printed?
DELEGATE MACDONALD: No, I was
not going to object on that ground.
THE CHAIRMAN: Very well. Amend-
ment No. 25-A, Delegate Clagett, will you
please have somebody start work in pre-
paring the amendment, Amendment No.
25-A, to strike from lines 8 and 9 the
words "and all cases in equity," and to
strike from line 16 the words added by
the modification, "and domestic relations."
Amendment No. 25-A is submitted by Dele-
gate Clagett. Is there a second?
DELEGATE CHILD: Second.
THE CHAIRMAN: The amendment is
seconded by Delegate Child.
Delegate Clagett, do you wish to speak
to the amendment?
DELEGATE CLAGETT: No, sir. I think
it is self-explanatory.
THE CHAIRMAN: Very well. Delegate
Macdonald, do you wish to speak in op-
position to the amendment?
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DELEGATE MACDONALD: I rise
briefly to oppose the amendment, Mr.
Chairman.
THE CHAIRMAN: I am speaking now
of the amendment to the amendment.
DELEGATE MACDONALD: Very well.
You may proceed.
DELEGATE MACDONALD: I think if
this amendment is good, it should apply to
law and equity cases, both. There is no
reason to confine it just to law cases, and
we must bear in mind that this right of
removal now under this amendment can be
exercised only if it is exercised within a
reasonable time, and will be up to the
Court of Appeals or the General Assembly
to prescribe what is a reasonable time.
THE CHAIRMAN: This eliminates all
of the abuses which we have under the
present system.
THE CHAIRMAN: Delegate Case, do
you desire to speak in favor or in opposi-
tion to Amendment No. 25-A ?
DELEGATE CASE: Mr. Chairman, I
wanted to ask the sponsor of 25-A a ques-
tion.
THE CHAIRMAN: Delegate Clagett, do
you yield to a question?
DELEGATE CLAGETT: Yes, sir, I
yield.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: Why have you seen
fit to eliminate from this amendment cases
in equity, and at the same time you do not
eliminate cases at law which are tried
without a jury?
THE CHAIRMAN: Delegate Clagett.
DELEGATE CLAGETT: There can be
instances where, notwithstanding the fact
that the case is to be tried without a jury,
where the right of removal might be
equally as important as in cases being tried
before a jury, particularly where there
may be an atmosphere in a particular
county that would justify the removal.
THE CHAIRMAN: Delegate Case.
DELEGATE CASE: Would the same
atmosphere not apply in an equity case?
All you have got in each of the cases I am
suggesting to you is the judge sitting on
the bench. Would the atmosphere not be ex-
actly the same?
THE CHAIRMAN: Delegate Clagett.
DELEGATE CLAGETT: Running back
over a period of twenty years of practice,
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