|
1
|
That we hope to follow, that the whole outline of the
|
|
2
|
Constitution is going to be one of conferring broad
|
|
3
|
powers, such as the first article, which says that judicial
|
|
4
|
power shall be vested in, which broadens all judicial
|
|
5
|
power.
|
|
6
|
JUDGE, CLAPP: If you make the provision; as is
|
|
7
|
important to, such jurisdiction as provided by low, you
|
|
8
|
run into a problem then that the Legislature is empowered
|
|
9
|
to give the Court of Appeals nonjudicial functions?
|
|
10
|
MR. ENEY: I know, because of the first section.
|
|
11
|
They tend to adopt the separation of powers.
|
|
12
|
JUDGE CLAPP: That may be spelled out in another
|
|
13
|
portion. This is merely a grant of judicial power.
|
|
14
|
MR. ENEY: It is a grant of all judicial powers .
|
|
15
|
JUDGE CLAPP: Is it intended to put in a
|
|
16
|
prohibition against action by the Legislature that will
|
|
17
|
encroach upon judicial powers or give extra judicial
|
|
18
|
powers to the Judiciary?
|
|
19
|
MR. ENEY: 1 would anticipate that the Consti-
|
|
20
|
tution will have the some separation of powers that we
|
|
21
|
have now and have had under all of our constitutions.
|
