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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 402   View pdf image (33K)
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mittee had also another object in view—to elevate the
character and dignity of the bench. The public impres-
sion now seemed to be that the judge who tried cases in-
volving small amounts need not be of so elevated char-
acter or talent as the judge who adjudicated large cases,
and this they considered a radical defect in the system.
It was also most erroneously thought that anybody would
do for a criminal judge, although some of the most mo-
mentous political questions at times came up before that
tribunal, and the committee considered it one of the most
valuable parts of the system which they recommend that
two, three or four judges could be sent on the criminal
bench. A third reason why the system recommended
was desirable was that it would prevent conflict of juris-
diction. As the case now stood, there were constant con-
flicts of jurisdiction between the Criminal and City Courts
of Baltimore. All this would be obviated by the estab-
lishment of but one court. If the people exercise any dis-
crimination in the selection of their judges, it could be
safely left to the judges themselves to decide which should
occupy particular benches. If the people did not know
which of the judges should sit in each court, they would
be led to select judges all of whom would be competent to
sit in any of the courts, and thus the character of the
judiciary would be much exalted. Mr. Ritchie submitted
the following substitute for the section:
"There shall be in the eighth judicial circuit six courts,
to be styled the Superior Court of Baltimore city, the
Court of Common Pleas, the Circuit Court of Baltimore
city, the Criminal Court of Baltimore city, the City Court
of Baltimore, and the Supreme Bench of Baltimore city.
Each court, except the Supreme Bench of Baltimore city,
shall consist of one judge, who shall be elected by the
legal and qualified voters of said city, at the election here-
inbefore provided, and shall hold his office for the term
of fifteen years, subject to the provisions of this consti-
tution with regard to the election and qualification of
judges, and their removal from office, and shall exercise
the jurisdiction hereinafter specified. "
Mr. Ritchie argued in favor of his substitute.
Mr. Gill advocated the report of the majority of the
committee.
402


 
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 402   View pdf image (33K)
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