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THE CHAIRMAN: Delegate Beatrice
Miller.
DELEGATE B. MILLER: I would ask
the Assembly to welcome two other guests
from Montgomery County, Mr. Howard
Koss and Miss Deborah Ross, the husband
and daughter of Delegate Helen Koss who
are also visiting tonight. They are in the
gallery to your rear, sir.
(Applause.)
THE CHAIRMAN: Delegate Churchill
Murray.
DELEGATE E. C. MURRAY: Mr.
Chairman and fellow Delegates: I would
like to announce the presence in the bal-
cony of Mr. Ulrich, the husband of our
fellow delegate.
(Applause.)
THE CHAIRMAN: Delegate Hanson, do
you desire to offer your Amendment C?
DELEGATE HANSON: Yes, but I
would like to yield to Delegate Hopkins for
an explanation of the amendment.
THE CHAIRMAN: Very well.
The pages will please distribute amend-
ment C.
This will be Amendment No. 1.
The Clerk will read the amendment.
READING CLERK: Amendment No. 1
to Committee Recommendation GP-10 by
Delegates Hanson, Hopkins, Bamberger
and Gallagher:
On page 1 strike out all of lines 13
through 17, inclusive, and insert in lieu
thereof the following: "tried by the Senate.
The concurrence of three-fifths of all the
members of the Senate shall be required
to convict."
THE CHAIRMAN: The amendment is
submitted by Delegates Hanson and Hop-
kins and seconded by Delegates Bamberger
and Gallagher.
The Chair recognizes Delegate Hopkins.
DELEGATE HOPKINS: Mr. Chairman
and fellow delegates: It is not our intention
to spend a great deal of time on this but I
think as the question period has already
brought out the fact that there is one is-
sue upon which we should perhaps spe-
cificially take a vote. This matter of im-
peachment was also discussed by the mem-
bers of the Legislative Committee and I am
for some reason a spokesman for some of
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the delegates who were not happy about
this article. We did talk about it because we
thought at one point our Committee would
have to draft this. Specifically, after the
impeachment by the House, the question
is where the trial should be and the ma-
jority report puts it in the hands of ten
judges as you have just heard explained.
We propose that we put it back in the
hands of the Senate.
There may be some question as to wheth-
er impeachment should be in the constitu-
tion at all. It is a seldom-used remedy in
democracy. However, if it is going to be in
there at all, it is an extraordinary pro-
cedure and we feel that under these cir-
cumstances it should be left completely in
the hands of the directly elected repre-
sentatives of the people. Therefore, we
would certainly go along with the three-
fifth vote which was recommended. I wish
to call your attention to the fact that there
is no other state in the union at the
moment that follows the majority report
suggestion. Actually in 48 states the senate
now is the trying body, that is, the body
in which the trial takes place. And one
minor thing which I think also should be
pointed out is that there is the possibility
that some complications could arise when
the courts must allow ten judges to sit in a
special trial, both in tying up the whole
court system, and in the ineligibility of
these judges to serve in subsequent trials
of the same official for the same offense.
However, our main and overriding argu-
ment is the fact that this trial should be in
the hands of the elected representatives of
the people and if you feel as we do, then I
urge your support of this amendment.
THE CHAIRMAN: Delegate Boyer.
DELEGATE BOYER: Mr. Chairman,
this is, of course, in direct conflict with the
committee recommendation and it seems to
center on the issue of who should be the
trier of the facts. The Committee feels that
while the initiation and trial of impeach-
ments have been traditionally the function
of the legislature, actually the concept of
trials of impeachment of judges is by no
means anything new.
The provision of the United States Con-
stitution with regard to impeachment was
passed by the Constitutional Convention
after very serious debate. We have had
many quotes from very learned Americans,
and some no so learned, over this conven-
tion issue and I would like to quote you
one thing that Alexander Hamilton had to
say on this particular subject. "There will
always be the greatest danger that the
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