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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 1112   View pdf image (33K)
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247

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MR. ENEY: The Legislature can do that now.

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The Legislature can and has shifted jurisdiction between

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Orphans' and Circuit Court. Circuit Court has power to

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administer estates in certain cases. That is by statute.

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JUDGE CARTER: Would it be better to limit

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that in reference to the Orphans' Court and put it in

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either one or the other?

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THE CHAIRMAN: I don't know how you could do

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it.

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JUDGE CARTER: I think political considerations

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will get into the picture as to whether it goes to the

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Circuit or People's Court.

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MR. ENEY: This is not before us now. It is

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inherent. If the legislative article comes out the way

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we are trying to make it come out, the Legislature will

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not be able to pass laws for this, that and the other

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county and make different rules in the different counties,

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so what you are talking about would mean that the Legis-

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lature on a statewide basis would say the Orphans' Court

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jurisdiction is going to be in the People's Court

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statewide or is going to be in the Circuit Court statewide.



 

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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 1112   View pdf image (33K)
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