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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 335   View pdf image (33K)
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ject was properly within the province of the Legislature,
which could act according to the particular necessities of
each county, and he thought with the gentleman from
Washington county, that it was better to leave the matter
to that body. He did not, however, think the reasons of
his friend from Howard (Mr. Mackubin) were good.
J ury cases were always tried first.
Mr. Mackubin did not propose to interfere with the
terms as at present regulated, but only to provide for
those two additional terms. It would not limit the pow-
ers of courts of equity, as feared by his friend from St.
Mary's, (Mr. Ford. ) It would not interfere with the
terms as now held in any of the counties, according to the
public local law. It simply provides for these two inter-
mediate terms for the disposition of all cases not requir-
ing the interposition of a jury. He was informed that
this practice now prevailed in some of the counties, to
the great satisfaction of all concerned, and he could see
no harm, but infinite advantage to result from it.
Mr. Brent said the only objection that he saw to the
amendment was that it made it compulsory on the judge
to hold four terms during the year. In the circuit in
which he (Mr. B. ) practiced it was the custom for the
judge to hold these terms, without juries, at such times
as it was necessary and convenient, but he submitted that
the amendment making it compulsory would impose so
much labor on the judge that it would be impracticable.
Mr. Hayden had at first been in favor of the amend-
ment, but on consideration he thought it best that it
should not be adopted.
The amendment was then disagreed to.
Mr. Alvey then offered his amendment, as given above,
to be inserted as section 21. After a brief discussion the
amendment was adopted and will stand as section 21.
Section 21, now section 22, was read and passed over
without amendment.
Section 22, now 23, was read as follows:
"The salary of each chief judge shall be five thousand
dollars, and of each associate judge of the Circuit Court
shall be three thousand and five hundred dollars per an-
335


 
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 335   View pdf image (33K)
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