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tion JB-1, which, as it is before you, would
strike the word "exclusively" in line 11,
and add the words "and other courts that
may be provided by law," in line 14.
A vote Aye is a vote in favor of No. 1.
A vote No is a vote against. Cast your
votes.
Has every delegate voted?
Does any delegate desire to change his
vote?
(There was no response.)
The Clerk will record the vote.
There being 37 votes in the affirmative
and 87 in the negative, the motion is lost.
The amendment is rejected.
Is there any other amendment to section
5.01?
I believe the clerk has it.
THE CHAIRMAN: Delegate Mentzer?
DELEGATE MENTZER: I wonder if it
is possible for the Chair to tell us the num-
ber of abstentions on that vote. Is that
available at the Chair?
THE CHAIRMAN: Yes, indeed.
The number nonvoting, which would in-
clude abstentions — I have no way of tell-
ing how many were present and abstained
— was eighteen.
Delegate Carson, do you desire to offer
the amendment?
DELEGATE CARSON: Mr. Chairman,
I would like to move my amendment at this
time, which is No. —
THE CHAIRMAN: This will be Amend-
ment No. 2. The Clerk will read the amend-
ment.
READING CLERK: Amendment No. 2
to Committee Recommendation JB-1 by
Delegate Carson : on page 1 section 5.01
titled Judicial Power line 13, strike out the
word "Superior" and insert in lieu thereof
the word "County"; and in all other places
where the term "Superior Court" appears
in Article V insert in lieu thereof the term
"County Court."
THE CHAIRMAN: Is the amendment
seconded.
(Whereupon, the amendment was duly
seconded.)
THE CHAIRMAN: The amendment is
seconded by Delegate Cardin. The Chair
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recognizes Delegate Carson to speak in fa-
vor of the amendment.
DELEGATE CARSON: Mr. Chairman,
ladies and gentlemen, the amendment be-
fore you would have the sole effect of
changing the name of the superior court to
that of county court throughout the con-
stitution.
It has no effect whatsoever upon the ju-
dicial system and would not in any way
affect anything else in this article or any
other article. It is not an amendment in
substance, but solely one of name and
convention.
I do not like the words "superior court."
I think they have very little meaning. On
the other hand, the traditional Circuit
Court now has no meaning because there
will be no circuits whatsoever, as I under-
stand it, at this level in the four-tier sys-
tem, and therefore I suggest and move that
we substitute the name county court in-
stead of superior court.
It may seem inconsistent to call it a
county court in light of the fact that there
will only be one court throughout the state.
THE CHAIRMAN: Just a second, Dele-
gate Carson.
Will the Committee of the Whole please
come to order and will delegates please
take their seats?
You may proceed, Delegate Carson.
DELEGATE CARSON: It may seem
possibly inconsistent to call this court,
which will only be one court existing at
this tier throughout the State by the name
county court, but on the other hand, I
think the words "county court" have a
meaning in other states and I think it
would have a clear meaning to the people
of this State, that this is the court in each
county in which there will be a resident
judge and which will be sitting for the
county. I think the jurisdiction and the
venue of each county relating to the divi-
sion of the court at that level sitting there
makes this possibly a reasonable solution,
and therefore I suggest and move the
words "county court" instead of "superior
court".
THE CHAIRMAN: Does any delegate
desire to speak in opposition?
Delegate Mudd?
DELEGATE MUDD: Mr. Chairman, I
rise to speak in opposition to the amend-
ment.
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