N.J. Constitutional Convention: Volume 3 Page 172.

STATE OF NEW JERSEY&nbspCONSTITUTIONAL CONVENTION OF 1947

COMMITTEE ON&nbspRIGHTS, PRIVILEGES, AMENDMENTS AND&nbspMISCELLANEOUS PROVISIONS

Wednesday, July 16, 19471 These minutes were prepared by the Secretary of the Committee.&nbsp(Afternoon session)

(The session began at 2:00 P. M.)

PRESENT: Carey, Delaney, Ferry, Glass, Katzenbach, Park, Pursel, Randolph, Schenk, Stanger and Taylor.

Chairman John F. Schenk presided.

The Chairman announced that the Committee would at this time proceed with Article I, Rights and Privileges, paragraph 8, which had previously been laid on the table for future discussion.

Mr. Park moved that paragraph 8, Article I, of the new draft read the same as it now reads in the 1844 Constitution. Mr. Randolph stated that this move was out of order, as it was only deferred. Mr. Park agreed that Mr. Randolph was correct. The motion was, therefore, declared out of order by the Chairman.

Mr. Stanger suggested the word “unjustly” be substituted for the word “unreasonably.” Mr. Park stated that he did not think the question was “unjustly,” but just “unreasonably.”

Mr. Park made a motion that paragraph 8, Article I, of the final draft, read the same as it now reads in the 1844 Constitution. Mr. Pursel seconded the motion.

Mrs. Katzenbach amended Mr. Park’s motion, by moving that the following words be added to paragraph 8: “nor shall witnesses be unreasonably detained.” Mr. Park seconded the motion. After lengthy discussion, Mrs. Katzenbach withdrew her motion.

Mr. Randolph suggested the following words be added at the end of paragraph 8: “and in preparation of his defense.”

After discussion, Mr. Carey suggested the Committee send Mr. Randolph’s suggestion to the Governor to be presented to the Legislature.

At this time, Mr. Park called for a question on his motion that paragraph 8, Article I, remain as it now reads in the 1844 Constitution. On roll call, the following vote was recorded:

AYES: Carey, Delaney, Ferry, Glass, Katzenbach, Park, Schenk, Stanger, Taylor – 9

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