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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 329   View pdf image (33K)
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cost until pay day came. It would be the same with the
judicial system; the people would first ask which was the
best, and then examine in regard to the cost. He was
satisfied that the people of this State would accept, at the
hands of this Convention the best system, without count-
ing the cost so closely. The judiciary in this State was
self-sustaining; it entailed no expense on the people. The
office of State's Attorney was only inferior in importance
to that of the judge, yet it had of late years fallen into
the hands of the boys of the profession, on account of the
insufficiency of the pay.
He maintained that a plurality of judges on the bench
of the Circuit Courts was the best system. The increased
expense of this system over that reported by the minority
of the committee was about $20, 000, which would not in-
crease taxation more than one cent in the hundred dol-
lars, and in view of the greater advantages, no one could
doubt any hesitation on the part of the taxpayers. There
was much less danger of corrupt influences with three
men on the bench than with one. The trial by jury which
they obtained from the old country, came down covered
all over with eulogies, and the plurality of judges was also
derived from the old country, and the people of the coun-
ties were just as anxious for three men to settle their
law as for twelve men to settle their facts.
The debate was further continued by Messrs. Maulsby,
Dobbin and Wickes.
Mr. Farnandis said he had no theories on the subject
of the judiciary. He was in favor of adhering to the pres-
ent system with such modifications as were necessary.
The onus rested with the gentlemen on the other side of
showing any good reasons why the system should be
changed. The three-judge system had been tried, the
people had a long experience of it, and had decided to
abolish it. The gentleman from Baltimore, (Mr. Brown, )
had stated that in the furor of reform the old judiciary
system had been swept away, not because of any objec-
tion to it, but because it was found in bad company, but
the cry had been strung that that effete and inefficient
system must be gotten rid of, and when it was abolished
no moan went up from bar or people. All the delays
which had been urged against the one-judge system pre-
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 329   View pdf image (33K)
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