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eral Constitution there is a jury trial, I
think, in cases with amounts of more than
$20 or $5? That is the common law. The
government did establish a tort claims act.
It not only placed limitations on the type
of suits but also on the juries and what
have you, so I do believe he did answer my
question, that the General Assembly can
set up an act and place whatever limita-
tions they want. It is a new cause of ac-
tion. I think they can limit it.
THE CHAIRMAN: Very well.
Delegate Henderson.
DELEGATE HENDERSON: I would
just like to say, in connection with the sug-
gestion the Chair made, that they might
set this up at the administrative level, but
I suggest it is certainly within the realm
of probability that this provision which we
are now adopting, subject to such limita-
tions as the legislature may impose, is a
new cause of action which did not exist in
common law. It is more than the way that
it creates an action which did not exist
and for that reason it seems to me it is
quite likely that even in a regular tort
proceeding a jury trial would not be re-
quired. For example, under the Workmen's
Compensation Act, although the Maryland
statute gives the right to a jury trial on
issues from the Orphans' Court, it has
never been my understanding that that
was required by anything in the Con-
stitution.
THE CHAIRMAN: Delegate Weidemeyer.
DELEGATE WEIDEMEYER: Mr.
President, in the Committee on Personal
Rights, in our discussions, and from my
consideration of this matter, I view it more
closely in line with the interpretation of
the Chair.
We know this, that we have the right of
jury trial generally and we also have in
our new constitution the privileges and im-
munities clause. If the legislature decided
to be sued in the superior courts of this
State, naturally I think that to give them
a different procedure and deny them a jury
trial in the superior court might abridge
the due process clause or the equal pro-
tection clause. I would think that the legis-
lature under this provision, if they decided
to have a claims commission, or a court of
claims, then they might well provide that
since this is a newly created right, they
could provide a hearing before a court of
claims, without a jury trial. I do think that
if they provided for the trials and suits to
be brought in the superior court, where
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everyone else had the right to jury trial,
then we might be running afoul of the
equal protection or the due process clause.
THE CHAIRMAN: Amendment K, LB-4.
The Clerk will read the amendment.
Delegate Sherbow.
DELEGATE SHERBOW: A matter of
personal privilege, Mr. Chairman.
THE CHAIRMAN : State the privilege.
DELEGATE SHERBOW: Mr. Chair-
man, ladies and gentlemen, I hope you will
give a warm welcome to three young gen-
tlemen who have just come into the gallery
behind the 'podium, Judge Ed Northrop of
the U. S. District Court for the District of
Maryland, Judge Jerome Robinson of the
Municipal Court of Baltimore City, and
Mr. Sam Hopkins, who I think presides
over his own establishment, and is the hus-
band of the delegate from the Third Dis-
trict. May we also welcome Mrs. Northrop.
Will you all give them a warm welcome.
(Applause.)
THE CHAIRMAN: Delegate Barrick.
DELEGATE BARRICK: Mr. Chairman,
also in the gallery is Miss Mary Storm,
the daughter of Delegate Storm and a part-
ner in Storm and Storm. I wish you would
welcome her too, please.
(Applause.)
THE CHAIRMAN: The Clerk will read
the amendment.
READING CLERK: Amendment No. 4
to Committee Recommendation No. GP-13
by Delegates Marion and Hardwicke: On
page 3, section 5, Delayed Effect of Section
2.0(5, strike out all of lines 11 through 14,
inclusive.
THE CHAIRMAN: The amendment sub-
mitted by Delegate Marion is seconded by
Delegate Hardwicke.
The Chair recognizes Delegate Marion.
DELEGATE MARION: Mr. Chairman,
I offer this amendment because I believe
that it is time now for the pendulum to
swing back to green.
The effect of the amendment would de-
lete section 5 on page 3 of the schedule of
transitional provisions. To understand the
need for the amendment and for the dele-
tion of this section, it is necessary to keep
in mind three other provisions: first, sec-
tion 2.01 of the suffrage and elections ar-
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