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what is in Section 18(a) .
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THE CHAIRMAN: We are aware of that deficiency,
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and I think we will do something to correct it.
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JUDGE BRUNE: Thank you.
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JUDGE CLAPP: It seems to me that the rule-
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making power, as to practice and procedure is essentially
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a judicial function. I wonder why substantively you would
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say that the power of the Legislature shall be paramount
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in that field.
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MR. MARTINEAU: The other way around.
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JUDGE CLAPP: I am sorry.
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MR. MARTINEAU: Larry wrote this in Atlantic
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City. I think that is the problem.
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JUDGE CLAPP: Why should the Legislative
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have any room for action in the realm of practice and
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procedure? I remember when we were trying to get the
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authority through the Legislature to adopt the rules back
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in '39 or '41, '39, I believe it was, and of course,
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that was because of the feeling again that the Court of
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Appeals at that time said, that without legislative author-
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ity, it felt it may not have power, being an appellate
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