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"Grand Jury Indictment" was one of
those that came from Report 31, and it is
.he same except the title is reduced slightly.
In section 1.08 under "Removal of Crimi-
nal Cases", we changed the word on line
14 from "court" to "county" in view of
the drastic reorganization of the court sys-
tem under article 5. As there would not be
:i court in some sense in some of the coun-
ties it seemed to us to be better to change
the word to "county" to be more in line
,vith the decisions of the Committee of the
Whole in approving article 5.
In section 1.12, I would like to ask for
an opportunity to change our own changes.
A. comma in line 40 after "debt" should not
have been stricken as we did strike it, and
in line 47, the last word should be capi-
ialized in line with the way in which we
have been handling articles, sections, and
references to the constitution.
THE PRESIDENT: Is there any objec-
tion to modifying the committee recom-
mendations in the manner indicated, by
leaving in the comma on line 40 on page 3,
and by capitalizing the first letter of the
word "section" in line 47?
If there is no objection, the committee
recommendations will be considered as
modified in the particulars indicated.
DELEGATE PENNIMAN: In section
1.13 we speak of the "Right of trial by
jury of all issues of fact in civil pro-
ceedings at law" rather than "in the courts
of law", since it is our belief that it is the
proceedings that are crucial rather than
the fact of the courts. Since there may be
either civil law or equity proceedings han-
dled by the same court, it is the pro-
ceedings that are important.
In line 9 there is another one of those
miserable "provides" left over from an
earlier era, and I would like to have the
opportunity to change the word "provide"
to "prescribe".
THE PRESIDENT: And the same thing
in line 11?
DELEGATE PENNIMAN: Yes, the
same thing in line 11.
THE PRESIDENT: Is there any objec-
tion to adding the changes recommended
by the Committee in line 9 on page 4, by
changing "provide" to "prescribe", and the
same in line 11 on page 4?
There is no objection. The committee
recommendation will be considered as so
modified.
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DELEGATE PENNIMAN: In section
1.14 we dropped the words "and the pro-
visions of this constitution" in order that
we could recombine them as instructed by
the Committee of the Whole with the "con-
tinuity in periods of emergency" section as
it came from LB-3. This reappears in the
Committee on Style, Drafting and Arrange-
ment Report No. 17.
There were no changes in "Habeas
Corpus", "Ex Post Facto", or "Eminent
Domain" as they came from the floor. If
we could, we would like to make three
changes, typing errors and one more "pro-
vide" in section 1.17. On line 37, we do not
need to say "collectively collective bar-
gaining". We need to drop the word "col-
lectively". There is a typing error also in
line 39, where it is "the right to organize"
not "the right or organize". Finally in
line 43 the word "provide" should be "pre-
scribe".
(Second Vice-President William S. James,
assumed the Cil air.)
DELEGATE JAMES (presiding): Is
there any objection to making these tech-
nical changes? If not, the section will be
so modified.
DELEGATE PENNIMAN : There are a
number of other sections which will go
into general provisions.
On line 10, "provided by law" should be
changed to "prescribed by law".
DELEGATE JAMES (presiding): Is
there any objection to making this change
on line 10 of the word "provided" to "pre-
scribed"?
With no objections, the section will be
so modified.
DELEGATE PENNIMAN: In the sec-
ond one on "Sovereign Immunity" in line
22 there is another "provided" to be
changed to "prescribed".
DELEGATE JAMES (presiding): Un-
less there is objection, the section will be
considered so modified.
DELEGATE PENNIMAN: We changed
the suits against the State or any of the
subdivisions or any units of local govern-
ment because "political subdivisions" in
this case clearly meant units of local gov-
ernment or their own departments or
agencies.
DELEGATE JAMES (presiding): Are
there any questions?
DELEGATE PENNIMAN: Perhaps it
would be worth noting why we struck the
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