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24

The Green Bag I

for verdicts rendered by three-fourths of a jury in criminal as well as civil cases, unless the death penalty is in volved, or the offense was committed

before the adoption of the amendment. Another constitutional amendment would modify the rule against self

incrimination by providing that the prosecuting ofiicer "may make such

comment upon the failure of the party accused to testify, and the court may give such instructions to the jury regard ing the same, as the Legislature by law may provide."

On the last point the law as treated in the case of Twining v. New jersey and other leading cases is reviewed at length.

The Duties of a Chairman By FRED R. BARLEIE

0 you, my Green Bag readers, know The duties of "The Chair?" He that presides must ever be Discreet, unbiased, fair. The whole Assembly's prompt support

He properly may claim, Provided he's to each and all

Impartially the same. “His ordinary functions" (he Must ever bear in mind), “Are ministerial alone” (By Palgrave, Kt.,l defined).

He does not as a member speak Like any other there,

His words are only to explain His conduct, or to air His views as chairman; he should not Attempt to sway at all

The wish or the decision of Those present in the hall.

If motion or amendment's made (In order scilicet),

Duly proposed and seconded, All doubts at rest are set By this clear rule, The question must

Be from the Chair proposed At once (scil. after it's discussed). No option is reposed In chairmen, though the motion put, ‘ See Sir F. Palgravo on "Duties of a Chairman."