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it is a question of what is of constitutional importance
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and what isn't, and what you can leave to the Legislature.
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JUDGE CLAPP: Aren't you doing this same thing,
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where you give the plenary power to the Legislature to
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fix jurisdiction?
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MR. ENEY: Doing the same as what?
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JUDGE CLAPP: As saying there shall be four
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courts, period, in such matters as the Legislature may
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determine .
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MR. MARTINEAU: That is what we are doing. We
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are not doing what Judge Rasin suggested, which is to
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say there shall be such number of courts as the Legis-
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lature may provide. The reason we don't want to do that,
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it seems to me, is that the greet movement in judicial
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reform over the years has been to get away from the
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proliferation of courts of varying jurisdictions. That
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is why you want to write into your Constitution a limited
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number of courts and provide throughout the State what
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their jurisdiction shall be.
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JUDGE CLAPP: Aren't you leaving it open to
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the Legislature to render those courts completely nega-
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