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agencies, which I think you can argue whether that is
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appellate jurisdiction or original jurisdiction, because
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it doosn't arise from an appeal, appeal from the Judiciary.
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We want to leave that flexible.
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JUDGE. CLAPP: There is no problem under the
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present setup, is there?
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THE CHAIRMAN: No. The Constitution doesn't
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say anything about it.
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MR. MARTINEAU: The Court of Appeals juris-
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diction is not limited to appellate jurisdiction.
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THE CHAIRMAN: Under the present Constitution.
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JUDGE CLAPP: If I recall, I em going back in
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history, but Judge Lerner's feeling was that the Court
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of Appeals jurisdiction was always restricted to
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appellate jurisdiction by implication. It is something
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that I never went into. That was one of the reasons for
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your difficulties with grants of writs of prohibition
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and things of that kind in the Court of Appeals at the
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present time. There was that feeling that it was an
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appellate court of appeals without original jurisdiction.
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MR. SYKES: There is a slight inconsistency.
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