570

Mr. Bowie, moved the question be taken by yeas and nays,
and being ordered, appeared as follows:
AFFIRMATIVE—Messrs. Ricaud, Pres't, p. t., Morgan, Lee,
Chambers, of Kent, Mitchell, Donaldson, Dorsey, Wells, Weems,
Dalrymple, Sollers, Merrick, Jenifer, Howard, Buchanan, Bell,
Welch, Ridgely, Sherwood of Talbot, John Dennis, Dashiell,
Hicks, Hodson, Goldsborough, Eccleston, Phelps, McCullough,
Bow ie, Tuck, Bowling, Spencer, Wright, Thomas, Shriver,
Gaither, Biser, Annan, Sappington, Stephenson, Nelson, Gwinn,
Brent, of Balt. city. Schley, Neill, Harbine, Kilgour, Hollyday,
Smith, Shower and Brown—50.
NEGATIVE—Messrs. Sellman, Colston, Miller, Grason, George,
Dirickson, McMaster, Fooks, Jacobs, Johnson, Stewart, of Caro
line, Hardcastle, Stewart of Balt city, Sherwood of Balt. city,
Ware, Fiery, Anderson, Weber, Slicer, Fitzpatrick and Parke---21.
So the amendment was adopted.
Mr. Gwinn, moved further to amend said 5th section by strik
ing out front t he word "elected," in the 7th line, to the word
‘‘who," in the 9th line, and inserting in lieu thereof the followitig
"On general ticket by a majority of the legal and qualified
voters of the State, as Judges of the said Court of Appeals;"
Mr. Gwinn, moved the question be taken by yeas and
nays, and being ordered, appeared as follows
AFFIRMATIVE—Messrs. Welch, Colston, Miller, Spencer,
Stewart of Caroline, Gwinn, Stewart of Balt, city, Brent of Balt.
city, Sherwood of Balt, city, Ware, Anderson, Parke and
S ho wer— 13.

NEGATIVE—Messrs. Ricaud, Pres't, pro tem., Morgan, Lee,
Chambers of Kent, Mitchell, Donaldson, Wells, Kent, Weems,
Dalrymple, Sollers, Merrick, Jenifer, Howard, Buchanan, Bell,
Ridgely, Sherwood of Talbot, John Dennis, Crisfield, Dashiell,
Hicks, Hodson, Goldsborough, Eccleston, Phelps, McCullough,
Bowie, Tuck, Sprigg, Bowling, George, Wright, Dirickson,
McMaster, Hearn, Fooks, Jacobs, Thomas, Shriver, Johnson,
Gaither, Biser, Annan, Sappington, Stephenson, Nelson, Hard
castle, Schley, Fiery, Neill, Harbine, Kilgour, Weber, Hollyday,
Slicer, Fitzpatrick, Smith and Brown—59.
So the amendment was rejected.
Mr. Jenifer, gave notice that at the propel time he should offer
the following as a substitute to the report of the committee on the
Judiciary, which he desired should be entered upon the record:

JUDICIAL DEPARTMENT.

Section 1. There shall be a Court of Appeals, which shall
have, use and exercise all and every the powers, authorities and
jurisdiction of the existing Court of Appeals, and such additional
popwer, authority and jurisdiction as may be conferred by the con—