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additional function, the court would still
have jurisdiction over it with regard to the
rule. In that way it does not get out of
hand at all, it seems to me.
THE CHAIRMAN: Delegate Henderson.
DELEGATE HENDERSON: Mr. Chair-
man, I would like to point out something in
support of the Commission's proposal and
against adoption of this amendment. It was
the majority of the Committee's thought
in this matter that this new court system,
at the lowest level, would be put on a thor-
oughly professional basis, and it was con-
ceived that while at the present time and
in some local areas a commissioner might
be necessary to handle these matters of
bail and release and things of that sort,
that ultimately this would be handled en-
tirely as a judicial function. Perhaps these
commissioners would blow away in the end,
as magistrates have indeed in many parts
of the state.
We have adopted an amendment which
puts the full-time man, a district judge in
every county, so that the need for these
commissioners is still further minimized,
and the concept of an untrained layman
handling the duties in order to be on the
job and relieve the district judge will be
still less necessary then at the present
time.
So I feel that this amendment should be
defeated. We are trying to put the whole
administration of judges on a thoroughly
professional basis; if so, this device of the
commissioner is simply to meet a practical
situation with the hope that in the end it
would all be professional.
THE CHAIRMAN: Are you ready for
the question?
(Call for the question.)
The Clerk will sound the quorum bell.
The question arises on the adoption of
Amendment No. 19 to Committee Recom-
mendation JB-1. So that the record may be
entirely clear, the Chair will read the
amendment as it believes it should be
phrased: on page 4 section 5.11 Commis-
sioners line 3 insert after "incarceration
pending hearing", the following; "other
matters as may be prescribed by law".
A vote Aye is a vote in favor of Amend-
ment No. 19. A vote No is a vote against.
Cast your votes.
Has every delegate voted? Does any dele-
gate desire to change his vote?
(There was no response.)
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The Clerk will record the vote.
There being 27 votes in the affirmath
and 93 in the negative, the motion is los
The amendment is rejected.
For what purpose does Delegate Beatru
Miller rise?
DELEGATE B. MILLER: A point (
personal privilege, Mr. Chairman. I shoul
like to acknowledge the presence in the
gallery behind me of ten students from
Walt Whitman High School in Montgomei
County, and in the gallery across the ha
from me, the other members of the claf
from Tacoma Park Junior High School.
THE CHAIRMAN: Delighted to haA
them with us.
(Applause.)
THE CHAIRMAN: For what purpos
does Delegate Clagett rise?
DELEGATE CLAGETT: For the pu:
pose, Mr. Chairman, of a motion to recoi
sider Amendment No. 18.
THE CHAIRMAN: Is the motion se>
onded?
DELEGATE CASE: Second.
THE CHAIRMAN: It is regular]
moved and seconded that the Committee <
the Whole reconsider the vote by whic
Amendment No. 18 was adopted. The Clei
will sound the quorum bell.
DELEGATE SCANLAN: Mr. Chairma:
THE CHAIRMAN: Delegate Scanlan.
DELEGATE SCANLAN: A parlii
mentary inquiry. I want to know wheth*
Mr. Clagett voted with the prevailing sid
DELEGATE CLAGETT: I believe v
enter the Committee of the Whole and
makes no difference.
THE CHAIRMAN: I do not believe that
is a requirement under the rule for him I
move reconsideration.
DELEGATE SCANLAN: It is not a r
quirement when we sit in the Convention
The rule as to sitting in the Committee of
the Whole is silent. Another rule incorpo-
rates by reference Robert's Rules of Order
wherein a requirement does exist.
THE CHAIRMAN: The rules also pr.
vide that the Committee of the Whole sha
follow the same rules as the Conventic
where applicable. The Chair rules that
Delegate Clagett's motion is in order, n
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