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which ended in our creating a court of
special appeals to take care of certain mat-
ters.
Judge Albert Menchine, in his wisdom,
and he is a wise man, came before the Com-
mittee and asked us not to restrict the
courts. There may be fields other than the
field of crime that may need courts of spe-
cial appeals.
That was sent to the voters, Mr. Presi-
dent, and you know what the answer was.
We gave the legislature the right to in-
crease or add other courts to the court of
special appeals.
I just wanted to leave that with you.
Now, Mr. President, I want to talk about
something else. Yesterday I asked a ques-
tion concerning what this is going to cost,
and I had the understanding that I would
know in writing what the additional cost
will be to the taxpayers of the State of
Maryland.
I was a little bit late here this morning
and I have checked over my papers on my
desk and now I would like to ask the
Chairman if he will tell me if it had been
prepared, what the cost of this court reform
is going to be.
It might not be important to you people
here in the Convention. Many of you are
one-timers. But it is important —
THE CHAIRMAN: Delegate Malkus,
you have one-half minute.
DELEGATE MALKUS: Thank you, sir.
I can finish within that time.
I think it is important that we know in
writing, and that we will establish into the
record what this is going to cost.
I finish by asking the Chairman when
we might expect that written report?
THE CHAIRMAN: Is there any other
delegate desiring to speak in opposition to
the amendment?
DELEGATE CASE: Mr. Chairman,
ladies and gentlemen of the Committee,
since at least two courts that I had some-
thing to do with establishing in this State
have been discussed in debate, and since
there has been misinformation given to you
about both of them, I think the time has
come to set the record straight.
The argument has been made that if the
word "exclusively" is left in as proposed
by the Committee the legislature would be
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hamstrung to establish other and different
tribunals to deal with special subjects.
I submit to you that this is just not so.
The present Constitution, while it does not
use the word "exclusively", implies as much,
because it states in fact, where the judicial
power shall lie and it says "the judicial
power shall be the Court of Appeals, Inter-
mediate Appellate Courts, Orphans' Courts,
and such courts in the City of Baltimore
as are hereinafter provided for."
This is a direct quote from the present
Constitution, and yet, when it was neces-
sary to establish a tax court, or the Public
Service Commission, no one thought it was
necessary to amend the Constitution to do
this. As a matter of fact, I prepared the
legislation which set up the tax court, and
the Commission which I headed conceived
the idea. It was passed during Governor
Tawes' administration. This is a statutory
court and I submit to you that the Gen-
eral Assembly, even with the word "exclu-
sively" in this particular draft, would still
have the power to set up bodies which will
be determinative bodies but which will not
have the judicial power. This is the impor-
tant thing.
So there is just nothing to this argument
that the legislature will be hamstrung, will
not be able to meet the needs of her citi-
zenry if this wording is in the Constitution.
With reference to Delegate Malkus, he
is not here now, I hope he had better luck
shooting geese than he did on his first
speech this morning, because it is just not
so that the Constitution and the statutes
implementing the Intermediate Appellate
Court, which I drafted, provide that the
legislature can establish new courts. It
does not say that.
What it says is that the legislature can
enlarge the jurisdiction of the present In-
termediate Appellate Court; the Intermedi-
ate Appellate Court is set by the Consti-
tution. Its jurisdiction is delineated by the
legislature.
THE CHAIRMAN: You have one-half
minute, Delegate Case.
DELEGATE CASE: This is as it should
be. This is what the draft contemplates.
Now, I suggest to you ladies and gentle-
men that the word "exclusive" is an im-
portant word. It will insure the integrity
of the four-tier system and does not depart
appreciably from what we have today. I
urge that the amendment be defeated.
THE CHAIRMAN: Does any other dele-
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