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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 1131   View pdf image (33K)
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264

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because they do have certain functions which seem to be

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judicial in nature, we felt that it was necessary and

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wise to provide for them in the Judicial Article.

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JUDGE PROCTOR: Your Committee sought to

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suggest to Senator Tydings that he adopt your language.

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JUDGE FAIRBANKS: Mr. Chairman, 1 hate to keep

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talking, but this happens to be getting down into the

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areas which I know something about. First, since we are

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talking about name changes altogether, I would recommend

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we do noc call them Commissioners , but call them Committee

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magistrates, which is what they ore. This will get sway

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from the old justice of the peace, which has an unfor-

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tunate connotation in some instances. That is my one

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suggestion. The other is that by all means it is essen-

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tial in my view that the control of these Committee

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magistrates be in the Judiciary, either in the People's

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Court or in the Circuit Court. In many of the jurisdic-

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tions, in ray own, for instance, at the present time, the

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justices of the peace are practically, for all practical

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purposes, controlled by the police department, which is

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a very unfortunate situation, to say the least.



 

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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 1131   View pdf image (33K)
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