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sister, Mrs. Phelps, to observe the session
today.
THE PRESIDENT: Delighted to have
them.
(Applause.)
DELEGATE MITCHELL: Mr. Chair-
man.
THE PRESIDENT: Delegate Mitchell.
DELEGATE MITCHELL: Mr. Presi-
dent, I would like to welcome in behalf of
the Convention Dr. Lilly M. Jackson, Presi-
dent of the Baltimore Branch of the
N.A.A.C.P., who happens to be my mother,
and 35 years ago, when Senator Beall was
a member of the legislature, started the
effort to repeal the intrastate Jim Crow
laws ; Dr. Jackson.
THE PRESIDENT: Delighted to have
you.
(Applause.)
THE PRESIDENT: Delegate E. T.
Miller.
DELEGATE E. MILLER: May I report
my presence? I was late for roll call.
THE PRESIDENT: Delighted to have
you here also. Roll call.
(Whereupon, a roll call was taken).
THE PRESIDENT: Has every delegate
answered roll call?
(There was no response.)
The Clerk will record the roll call.
Are there any other announcements?
The Chair recognizes Delegate Powers.
DELEGATE POWERS: Mr. President,
I move the Convention resolve itself into
the Committee of the Whole for the pur-
pose of resuming consideration of Commit-
tee Recommendation JB-1.
THE PRESIDENT: Second?
(The motion was duly seconded.)
THE PRESIDENT: All those in favor,
signify by saying Aye; contrary, No. The
Ayes have it. It is so ordered.
(Whereupon, at 2:06 P.M. the Conven-
tion resolved itself into the Committee of
the Whole.)
(The mace was removed by the Sergeant-
at-Arms.)
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COMMITTEE OF THE WHOLE
NOVEMBER 16, 1967—2:06 P.M.
PRESIDENT H. VERNON ENEY,
PRESIDING
THE CHAIRMAN: The Committee of
the Whole will please come to order.
Prior to recess we were about to con-
sider an amendment to section 5.03. This
was an amendment we passed over earlier.
It will be Amendment No. 4. 5 was the last
one but we passed 4. This is Amendment
No. 4. The Clerk will read the amendment.
READING CLERK: Amendment No. 4
to Committee Recommendation No. JB-1 by
Delegates Storm and Singer: On page 2
section 5.0'> Composition of Court of Ap-
peals in line 4 after the word "of" add the
words "no fewer than".
THE CHAIRMAN: Is the amendment
seconded?
(Whereupon, the amendment was duly
seconded.)
THE CHAIRMAN: The Chair recog-
nizes Delegate Singer to speak to the
amendment.
DELEGATE SINGER: Mr. Chairman,
ladies and gentlemen of the Convention:
this amendment is designed for the sole
purpose of eliminating the number of
judges to sit on the Court of Appeals;
that it be fixed in the Constitution and al-
lowing for an increase in the number of
judges to six should the need arise.
The Constitution of 1867 provides for
eight judges on the Court of Appeals, with
four constituting a quorum. This was
changed in 1944 to a total number of five
judges on the Court of Appeals, of which
three constituted a quorum. This was again
changed in 1960 to provide for an increase
in the number of judges to seven, with five
being a quorum, the present system under
which we operate.
It is obvious from the Committee draft
that the intermediate court of appeals is
conceived to be expanded or have its juris-
diction expanded so as to take part of that
burden away from the Court of Appeals
in the future, with the increasing case load
on the court.
It is our intention by this amendment to
increase the flexibility so that if need
should ai'ise beyond that time for addition-
al judges on the Court of Appeals a con-
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