|
we mean it to, and nothing else, and that
is to have the Court of Appeals not over-
worked.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition? Dele-
gate Beall.
DELEGATE BEALL: Mr. Chairman, I
rise to ask Delegate Henderson a question.
THE CHAIRMAN: Does Delegate Hen-
derson yield to a question?
DELEGATE HENDERSON: Yes.
THE CHAIRMAN: Delegate Beall.
DELEGATE BEALL: If I understood
you, Judge Henderson, you were a member
of the court when it was eight?
DELEGATE HENDERSON: Yes.
DELEGATE BEALL: I remember very
vividly when there used to be five. As a
matter of fact, it came down. You recom-
mended a reduction to five. The entire court
recommended a reduction to five. Then
later it increased to seven. Why was that?
DELEGATE HENDERSON: The reason
it reached seven, I think had rather a long
history.
The Bar Association plan, which was pro-
posed by a number of others, including
President Eney, was defeated, and as a
substitute for that it was to set up an in-
termediate court of a somewhat different
type from the present one; but at any rate,
as a substitute the Bar Association in a
commission that was headed, I believe, by
Delegate Case, recommended that it be en-
larged to seven and given criminal juris-
diction, and that was put through by con-
stitutional amendment.
Then subsequently that proved to be in-
adequate to keep up with the load so they
introduced the intermediate court, which
is given the criminal jurisdiction. We now
have the opportunity to enlarge the inter-
mediate court, rather than to enlarge the
upper court, which I think is a very satis-
factory working arrangement.
THE CHAIRMAN: Delegate Beall.
DELEGATE BEALL: Then as I under-
stand it, you would rather, or you want to
have the court of appeals stay as it is at
seven, and increase, if necessary, the in-
termediate court?
DELEGATE HENDERSON: That is it
exactly.
DELEGATE BEALL: Thank you.
|
THE CHAIRMAN: Is there any further
discussion?
Are you ready for the question?
The question arises on the adoption of
Amendment No. 4 to Committee Recom-
mendation JB-1. A vote Aye is a vote in
favor of Amendment No. 4. 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 10 votes in the affirmative,
and 117 in the negative the motion is lost.
The amendment is rejected.
We now revert to section 5.06: Were
there any further amendments to section
5.06?
The Chair hears none.
Are there any amendments to section
5.07? The Chair hears none.
We have a number of amendments to
section 5.08.
There are apparently four amendments
to this section of which the Chair has
knowledge. Some of them go to the same
point, others to a different point.
The Chair will try to put them in such
an order that you will have an opportunity
to consider all.
Will the pages please distribute the
amendment marked AQ by Delegate Mac-
Donald? This will be Amendment No. 6.
The Clerk will read the amendment.
READING CLERK: Amendment No. 6
to Committee Recommendation No. JB-1 by
Delegate Macdonald: on page 3 section
5.08 Composition of Superior Court line 14
after the word "by" insert the words "law
or."
THE CHAIRMAN: Is there a second to
the amendment?
DELEGATE GLEASON: Second the
amendment.
THE CHAIRMAN: The Chair recog-
nizes Delegate Macdonald to speak to the
amendment.
DELEGATE MACDONALD: Mr. Chair-
|
