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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1087   View pdf image (33K)
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1087
Mr. DANIEL,. The committee inserted the
provision that they should hold their sessions
at Annapolis, in order to prevent their travel-
ling about,
Mr. BOND. If the amendment I propose be
adopted, it would then read in this way
"and perform such other duties as have been
used and practiced by the existing board, or
as may be hereafter prescribed by law."
Mr. SCHLEY withdrew his amendment,
The question was upon the amendment
submitted bv Mr. BOND.
Mr. DANIEL. That amendment will entirely
change the provision we have made, that this
board shall hold its sessions at Annapolis
four times a year. This other board was ac-
customed to meet at Barnum's hotel and
other places about with the people knew
nothing. And it wag to meet that difficulty
that the committee provided that they should
meet four times a year, and hold their ses-
sions in Annapolis, so that the whole State
might know where they met and when. I
this amendment is adopted, then they can
travel over the whole State, as the old board
used to do.
Mr. BOND. In reply to the gentleman from
Baltimore city (Mr. Daniel,) I will say that
my amendment only relates to the powers of
the board, not to the times or places of meet
ing atall. It leaves all that part of the sec-
tion obligatory upon the board, as much so
as without my amendment.
The question being taken upon the amend-
ment submitted by Mr. BOND, it was rejected
Mr, PARRAN moved to amend by striking
out the word "hereafter," so that it would
read—"and perform such other duties as may
be prescribed by law."
The question being taken upon a division—
ayes 27, nays 21—no quorum voted.
Mr. DANIEL. Before the vote is put again
I would like to say that this amendment
seems to me to be subject to the same objec-
tion as the other. ' ' As may be prescribed by
law;" that is, as may now be prescribed by
law, whether in the constitution or by the
legislature. As I have said, the committee
has proposed to alter the times of meeting
and several other particulars. Now, if this
is changed to what is now prescribed by law
the old constitutional provision will take
precedence, and therefore it indirectly strikes
out what we have done. We have made
material changes, and now you go on to say
here that they shall be subject to the opera
tion of such powers and duties as are pre-
scribed by law; that is, as are now prescribed
by law. By striking out the word " here-
after," it is made to apply not so much to
future legislation; but you let in the law a
it now stands upon the subject, as well as
what may be provided in the future.
The PRESIDENT. As I understand it, there
is no legislation on the subject.
Mr. DANIEL. There is constitutional law
The PRESIDENT. If the new constitution be
ratified by the people, it will repeal the
other.
Mr. PUGH. If this constitution is adopted
will it not destroy the other one?
Mr. DANIEL, It seems to me that by strik-
ing out this, you reaffirm the other.
Mr. STIRLING. "As may be prescribed by-
law," refers to present, past, and future.
Mr. DANIEL. Then what is the use of strik-
ing out "hereafter," if it means simply to re-
fer to future legislation. If that is left in it
will exclude past and present legislation.
Leave the word "hereafter" in, and then I
have no objection to it; I think it is exactly
right.
The PRESIDENT. As I understand it, there.
is no legislation upon the subject. The meet-
ings of the present board is a mere matter of
arrangement between themselves.
Mr. DANIEL. We have added provisions
in this constitution which are not in the
other, and which I think will conflict with
this amendment.
The question being again taken, upon a di-
vision—ayes 27, noes 32—the motion to strike
out the word " hereafter" was not agreed to.
Mr. SCHLEY. I move to strike out the
word "legislature" wherever it occurs in
this section, and insert the words "general
assembly." in order that the phraseology of
the constitution may be uniform. We have
used the term "general assembly" every
where else,
The amendment was agreed to.
Mr STIRLING. I more to insert after the
word "governor," the words "lieutenant
governor, " and after the word " treasurer, "
the words "and commissioner of the land
office." I do not care particularly about
arguing this proposition. The reason why
I offer tills amendment is that I think a board
of five members will probably be better than
a board of three. And particularly in this
respect; by having officers exercising different
functions and elected at different times, you
distribute the matter better throughout the
State, and make this board more a repre-
sentative of all the interests of the people.
And I think it will have a beneficial effect
upon all the officers here at the capitol, if
they are all placed upon the same footing, so
far as regards the performance of their inde-
pendent duties, and also in referfnce to thier
responsibilities in this board. The commis-
sioner of the land office is an officer elected
bv the people. And if we provide in this
constitution for a lieutenant governor, which
I sincerely hops we shall, from the very essen-
tial necessities of the case, I think it eminent-
ly proper he should be a member of this board.
That will make the board only one more than
the prevent board, and it strikes me it will
e do no harm, and would likely be a better
representative of the people.
Mr. DANIEL. I do not know that I have


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1087   View pdf image (33K)
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