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for the same reasons I advanced in oppos-
ing Amendment 14 and others dealing with
this same subject.
The fact of this amendment, as I under-
stand it, would be really more dangerous
than any previously proposed in relation to
this section of the Committee's draft. De-
leting the words proposed by Amendment
No. 17 and substituting those suggested,
"Commissioners may exercise such powers
as prescribed by law," would lead to the
legislature as I see it having the right to
prescribe the jurisdiction of the four-tier
system. It would deplete the jurisdictional
powers of the district court and prescribe
by law the powers of the commissioners,
which would in effect destroy the balance
that the Committee Recommendation had in
mind for this four-tier court system and
the intent that the commissioners function
only in a limited area consistent with their
non-legal training and qualifications.
For those reasons we must strenuously
oppose this amendment.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor?
Delegate Fox?
DELEGATE FOX: Mr. Chairman, a
point of parliamentary inquiry. If this is
adopted, would it not obliterate Amendment
No. 16 which was just unanimously
adopted? It seems to me it completely de-
stroys Amendment No. 16.
THE CHAIRMAN: That is true. That
is one of the reasons the Chair had some
difficulty in determining whether the
amendment was in order, but it is not pre-
cisely the same and is in order.
Does any other delegate desire to speak
in favor or against? Delegate Hardwicke?
DELEGATE HARDWICKE: I am very
much aware of Delegate Grant's admoni-
tion that he did not expect a great deal of
debate on this. Frankly, I am quite sympa-
thetic to the concept, and I wonder if Dele-
gate Grant would consider leaving in lines
1 through 4, and in lieu of striking them
to provide that "the commissioners may
exercise such other powers as may be pre-
scribed by law," making it clear that the
other powers that could be prescribed by
law would be similar to those in lines 1
through 4. The reason this has a great
deal of merit, Mr. Chairman, and with all
due respect to Chairman Mudd's viewpoint
is that we are freezing into the constitu-
tion certain, I think, very limited concepts
and I do not think it is a good constitu-
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tional principle to do so. It seems to n
that if we permit the legislature to a(
other similar things to those that are s
out in the constitution, we are going
avoid a great deal of unnecessary amen
ment to this document.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: I would be pe
fectly willing to accept that modificatic
and leave it to the Committee on Style ar
Drafting to draft the language to th
extent.
THE CHAIRMAN: I do not think M
can do it quite that way. Delegate Grant
DELEGATE GRANT: What I mear
was, to use a term other than a Latin legs
term, which might not be completely ui
derstandable to all the delegates.
THE CHAIRMAN: I think there are tc
many substantive questions involved in th
proposition to leave it to the Committee o
Style merely on a statement of intentioi
Delegate Grant. I think you can perhap
modify your amendment, but the Chai
would have to inquire, for instance, as t
several things.
Under Amendment No. 16, you would
have the provision that the various power
there spelled out should be exercised only
as prescribed by rule. Did you intend t
delete that or leave it in?
DELEGATE GRANT: It would be m;
intention that all the powers previously
prescribed would be by rule, and then sue!
other similar powers as Delegate Hard
wicke has just proposed could be added b;
the legislature.
THE CHAIRMAN: The Chair would
then rule the amendment out of order a:
being the same as the amendment whicl
would have deleted the language, "as pre-
scribed by rule," and have left it to both
the legislature and the court to prescribed
by statute or by rule. That was Amend-
ment No. 15, if I understand you, Delegate
Grant.
DELEGATE GRANT: It being my de-
sire not to have a prolonged debate on this
matter, I would suggest we go ahead and
vote on it, and if there is another amend-
ment offered which would cure the defects
we could start de novo.
THE CHAIRMAN: Delegate Grant, the
Chair does not desire in any way by mak-
ing a suggestion to put you in a box or
lead you down a primrose path, so to
speak. It would be possible to modify your
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