as much injustice has been done; and where
if the parties had been obliged to apply to
the courts under existing laws, this injustice
could not have been done. In the very case
which has been mentioned here, the party
had the right to go before the proper court in
the county, and ask for the opening of the
road. If the application had been objected
to, then witnesses could have been summoned
and examined, and justice administered to all
the parties.
But influential parties come before the leg-
islature—influential, perhaps, with the mem-
bers—and claim to have a certain law passed,
and they secure their application. Again, a
man has a deed defective in some respects;
but one which the existing law can remedy.
But he doe? not apply to the courts for his
remedy. He is an influential person; the
members of the legislature are his personal
and political friends. He drafts a bill, comes
here with it, and with no trouble or expense
to himself, he obtains its passage, without
the knowledge of any other party interested,
And when the fads come to be known, it
may turn out that the case is one entirely
different from what he has represented it to
be.
The evil, I think, is in legislating in such
cases which have already been provided for
by general law. The gentleman from Balti-
more city, and those who advocate his propo-
sition, will see, I think, that wherever it is
proper to restrain the legislature in any of
the cases referred to, the only remedy, if the
existing law does not afford a remedy to per-
sons, is to have such a general law passed.
What is justice for one is, under equal cir-
cumstances, justice for another. Every man
is entitled, under the same circumstances, to
the administration of the same law.
If the proposition of the gentleman from
Baltimore city (Mr. Stockbridge) should be
rejected, then I would submit my proposition,
which is simply, that there shall be no special
legislation in any case in which the provisions
of the general law enables the party to obtain
redress.
I think this class of cases occupy a large
proportion of the time of the legislature, and
I do not think they ought to be listened to
by the legislature. Whenever a party comes
to the legislature and asks it to remedy a de-
fective deed, or to afford any other remedy
to any rights which he may suppose himself
to possess, it is an abundant answer to say
to him—" You already have a remedy under
the provisions of the existing law, in such or
such an article of the code; go home and
obtain it, without troubling the legislature."
I shall therefore vote against this propo-
sition; and I do it with a view of submitting
the proposition which I hold in my hand,
and which I will read for the information of
the Convention. Add to section nineteen
the following: |
"The legislature shall pass no special law
in any case in which under existing law pro-
vision is made."
The question was then taken by yeas and
nays upon the first branch of the amend-
ment, prohibiting the legislature from pass-
ing special laws for the punishment of crimes
and misdemeanors, regulating the practice
of courts, or authorizing or directing the
trial of any case in any court; and resulted—
yens 27, nays 32—as follows :
Yeas—Messrs. Goldsborough, President'
Abbott, Annan, Daniel, Earle, Galloway
Hebb, Hoffman, Hopkins, Hopper, Keefer,
Kennard, Larsh, Markey, McComas, Mullikin,
Murray, Negley, Nyman, Parker, Pugh,
Ridgely, Russell, Sands, Sneary, Stockbridge,
Sykes—27.
Nays—Messrs. Audoun, Bolt, Bond, Brooks,
Chambers, Crawford, Cunningham, Dail,
Davis, of Charles, Davis, of Washington,
Dent, Duvall, Ecker, Edelen, Harwood,
Henkle, Hollyday, Johnson, Jones, of Som-
erset, King, Mitchell, Miller, Morgan. Parran,
Schley, Smith, of Carroll, Smith, of Dorches-
ter, Stirling, Swope, Thomas, Valliant, Woo-
den—32.
That branch of the amendment was ac-
cordingly rejected.
Mr. VALLIANT, when his name was called,
said: In explanation of my vote, I desire to
say that while I have no object ion to any
principle or theory that may be contained in
this clause of the amendment of the gentle-
man from Baltimore city (Mr. Stockbridge,)
still I see no necessity for it, and I therefore
vote " no."
The nest question occurred upon the next
clause of the amendment, prohibiting the le-
gislature from passing special laws—
"For the assessment and collection of
taxes for State or county purposes, or ex-
tending the time for the collection of taxes."
The question being taken, upon a division—
ayes 31, nays 28—the clause was adopted.
The next question was upon adopting the
clause prohibiting the legislature from pass-
ing special laws—
" Providing for the support of public
schools, the preservation of school funds,
the location or the regulation of school
houses,"
Mr. SANDS. Many of the school districts
are constantly being divided, two districts
being made out of one. How are we to
reach that case, if this be adopted?
Mr. STOCKBRIDGE. By means of the school
commissioners of the several counties.
Mr. JONES, of Somerset. I would inquire
whether there Is any general school system
which would apply throughout the State?
I think that nearly all of the counties have
systems peculiar to themselves. I do not
think that any general system would suit all
the counties. I very much regret that a
general system has not been found adequate |
