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DELEGATE MUDD: If I were capable
of answering that, it would take a long
time to answer, but the judicial power un-
der this proposed article is vested in the
four-tier court system with the jurisdic-
tion being prescribed by the legislature,
within the limitations and restrictions im-
posed by the several sections. For instance,
only appellate jurisdiction can be prescribed
by the legislature to the Court of Appeals,
and it can have original jurisdiction only
as provided in this Constitution.
The conception of a unified uniform four-
tier court structure is that all of the ju-
dicial power of the State shall be vested in
those four courts, and that no court, such
as an orphan's court, can be set up by the
legislature to exercise jurisdiction that
might be prescribed to one of those four
courts.
Is that helpful at all to you?
THE CHAIRMAN: Delegate Gilchrist.
DELEGATE GILCHRIST: One short
question, if I may.
Would this article assume the abolition
of courts sitting on municipal ordinance
questions only, as for example, a municipal
magistrate who tries only matters arising
under municipal ordinances?
DELEGATE MUDD: You mean exer-
cising a judicial function for a munici-
pality?
DELEGATE GILCHRIST: Correct.
DELEGATE MUDD: Yes.
DELEGATE GILCHRIST: This would
be abolished?
DELEGATE MUDD: Tell me such a
court. Where?
THE CHAIRMAN: Delegate Gilchrist.
DELEGATE GILCHRIST: In the city of
Cumberland, for example, there is a magis-
trate treating only with violations of city
ordinances.
DELEGATE MUDD: No, I do not think
it would interfere with that.
THE CHAIRMAN: That might or might
not be true under the provisions of the arti-
cle on local government adopted this morn-
ing.
DELEGATE MUDD: I cannot answer
for that.
THE CHAIRMAN: If there are no fur-
ther questions the Chair will call on Dele-
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gate Johnson to present the minority re-
port with reference to sections 5.01 to 5.11
and give Delegate Mudd a much needed
rest.
Delegate Johnson.
DELEGATE JOHNSON: Mr. Chairman.
THE CHAIRMAN: Delegate Johnson.
DELEGATE JOHNSON: Mr. Chairman,
I would first like to begin by inquiring
whether or not it would be both right and
proper for me to comment on behalf of the
minority with respect to any intervening
sections, namely 5.01 and 5.11, if there are
in fact amendments to any intervening sec-
tions pending. If it is all right I will go
ahead and do that, but perhaps we have an
alternative and I should address myself to
5.0I only.
The Chair is not aware of any proposed
amendments to any sections in this group
other than 5.01 and 5.11. Are there any
proposed?
Delegate Grant?
DELEGATE GRANT: I have a sug-
gested amendment to 5.08 and another
amendment to 5.11 and an amendment to
5.10.
THE CHAIRMAN: Thank you.
Delegate Johnson, you may proceed.
DELEGATE JOHNSON: Mr. Chairman,
fellow delegates, I must assume that you
have had opportunity to look at the Mi-
nority Report JB-1, but perhaps because of
some of the questions that were asked of
the majority chairman it may be necessary
for me to explain in somewhat additional
detail than I had intended with respect to
our amendment to section 5.01.
I think perhaps it is important to look
at section 5.01 inasmuch as we propose an
amendment to it. You will note the word
"exclusively" is used in section 5.01 and you
will note it does not provide for the legis-
lature to create any other courts, any other
special courts, we submit, by law.
I want to be perfectly frank in indicating
to you that I do not consider this a guts
issue, the minority simply feels that this
body ought to deliberate and consider
whether or not it wants to permit the legis-
lature to provide any other courts that
would not be inconsistent with the unified
judicial court system.
As a matter of fact, we had considered
wording our amendment so that the legis-
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