made; but upon thesuggestion of the gen-
tleman from Frederick (Mr, Schley) I changed
it, so as to insert the words before " shall ex-
ercise a diligent," &c. But there seems to
be such a diversity of opinion, I think the
amendment better come in at the end of the
section.
Mr. PUGH. I want to have all three in the
board, and not less than that number.
The question being then taken upon the
amendment of Mr. HEBB, upon a division—
ayes 32, noes 14—it was adopted.
. Mr. MILLER. I would suggest a change in
the first part of the section, so that it shall
read that these officers "shall constitute a
board of public works," instead of "the
board of public works" The gentleman from
Frederick (Mr. Schley) has said that accord-
ing to legal opinion there is no existing board
of public works in this State.
Mr. SCHLEY. The definite article " the" is
used here because the section refers to a defi-
nite board.
Mr. MILLER, I do not submit any amend-
ment.
Mr. BRISCOE. By the adoption of this sec-
tion a new board of public works will be
constituted. The present commissioners ot
public works have been clothed with certain
powers by legislative action, I would sug-
gest the amending the first part of this section
so that it will read ;
"The governor, the comptroller of the
treasury and the treasurer, shall constitute the
board of public works, clothed with such
powers as are now exercised by the prison'
commissioners of public works in this State,"
&c.
I would suggest some change to that effect.
This is a new board, and the phraseology of
the section clothes it with certain definite
powers; powers which I think the committee
have taken from the present constitution in
reference to the present commissioners of
public works. But as the legislature by sub-
sequent action has imposed certain duties and
powers upon the present commissioners of
public works, it might be necessary to insert
some clause of the kind I have suggested.
There might be some misconstruction, if this
section be left to stand as it now reads
There was an act in 1852 clothing this board
of public works with certain independent
powers, and requiring certain duties; it may
be putting certain restrictions upon their ac-
tion. As there is no reference whatever in
this section to the power exercised by the
present commissioners of public works under
legislative authority, if that designation is
not made, it would be left to the subsequent
legislatures to do that work over again.
Mr STIRLING. I think if the gentleman
will look lo the close of the section he will
see that that is the proper place for the
amendment he suggests. To make it clear,
it may be necessary to say that this board |
shall exercise any powers which the legisla-
ture has conferred upon the existing board of
commissioners of public works.
Mr. BRISCOE. That is all that 1 desire.
Mr. DANIEL. I do not know whether it will
be light to say that this board shall have the
same powers as the present commissioners
exercise.
Mr. STIRLING. I do not know but the criti-
cism of my colleague (Mr. Daniel) is a proper
criticism. It may be that it will be wiser to
leave it out. I do not know whether what
is in the code is wise or not. [After a pause.]
I am happy to inform the convention that
there is no legislation on the subject, except
a proviso that they shall receive $200 each
per annum, which is obviated by this section.
Mr. MILLER. The legislation subsequent to
the code may affect the matter.
Mr STIRLING. I am pretty certain there is
uo subsequent legislation upon the subject.
Mr. MILLER. While this matter is under
consideration, I would call the attention of
he convention to the portion of this section
authorizing this board of public works to
appoint the directors in every railroad or
canal company in which the State has the
legal power to appoint directors. Now, it
may be that this convention may determine
that these works of internal improvement, or
some of them, may be sold or disposed of.
And instend of saying " in which the State
has the legal power to appoint," I would
suggest the saying "in which the State may
have the legal power to appoint," &c.
Mr. SCHLEY. I will move to amend by in-
serting the word? "have been, or;" that will
cover the whole ground. It will then read
"perform such other duties as have been or
may be here after prescribed by law " I do
not recollect any new duty that has been de-
volved upon them by the act of general assem-
bly referred to; but if there has been, this
amendment will cover it.
Mr. DANIEL. There does not appear to have
been any legislation atall upon this subject.
I was on this committee; and I think it wag
talked over in the committee. There were
some duties required of that board of com-
missioners, whether prescribed by themselves
or not, I do not know; such as travelling
about and meeting at different places. The
committee thought that certainly ought not
to be required of the present board. There-
fore, if there is any legislation tending in
that direction, it ought not to be imposed
upon this board. If there has been none,
then this amendment is not necessary. I think
we better leave the section as it is, as it is
sufficiently explicit to define the duties de-
volved upon this new board.
Mr. BOND. I move to invert after the words
"and perform such other duties as," near the
close of the section, the words "have been
used and practiced by the existing board,
or." |
