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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 519   View pdf image
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519
in commission, as estimated by the
committee on Judiciary, - $98,100 00
3rd. Of the cost of the system repor-
ted by the said committee, as esti-
mated by themselves, - - 61,000 00
Add for one Judge for Howard coun-
ty, now established, - - 2,000 00
$63,000 00
The system now submitted proposes to do the
same work for a sum, scarcely more than half
the cost of the system reported by the committee,
and a fraction only above one-third of what the
committee estimate to be the cost of the present
system; and it is submitted with a far greater
probability of having it well and promptly done.
But this illusion to the estimated cost of the
present system, must not be understood as an ad-
mission of the correctness of the committee's
estimate, on the contrary, that estimate, is be-
lieved to be extravagant and far above the actual
cost. The committee best understand the cost
of their own scheme, and therefore their estimate
of its cost $61,000, is assumed to be correct.
Which was read, and
On motion of Mr. CRISFIELD,
Ordered to be printed.
Mr. BOWIE gave notice that on to-morrow he
should move to lake up the amendment moved
by Mr. CHAMBERS, of Kent, to the rules, and the
substitute moved by him for said amendment.
Mr. SCHLEY inquired if there was any business
before the Convention ?
The PRESIDENT, pro tem., replied that there
was no business before the Convention.
Mr. GWINN moved that the Convention pro-
ceed to the consideration of the report of the
committee on the elective franchise.
Mr. SCHLEY moved to take up, for considera-
tion, the report of the committee on the Attorney
General and his deputies.
The PRESIDENT, pro tem., stated that the Chair,
in reply to an inquiry from the gentleman from
Washington county, had said that there was no
subject before the Convention. The report of the
executive committee had not yet been disposed
of, and was therefore the first business in order,
unless postponed to some future day.
Mr. MCLANE said, that as the chairman of that
committee was absent, he would move that the
further consideration of this subject be postponed
until his return,
Mr. SCHLEY said that his only object for sub-
mitting his motion was, that the Convention
might have something to do. If the report of
the executive committee was the older of the
day, he did not wish to interfere.
The question was then taken on the motion of
Mr, MCLANE that the further consideration of
the report of the committee on the executive be
postponed,
And it was agreed to.
So the further consideration of the report was
postponed.
The question then recurred on the motion of
Mr. SCHLEY, that the Convention proceed to the
consideration of the report of the committee on
the Attorney General and his deputies,
And being put, it was decided in the affirma-
tive.
THE ATTORNEY GENERAL AND HIS DEPUTIES.
The Convention accordingly proceeded to the
consideration of said report,
Which was read.
The bill was then considered by sections ;
When the first section was read, as follows :
Sec. 1. The Governor shall have power to em-
ploy counsel for the State, when, in his judg-
ment, the public interest require it, and make
suitable compensation from the contingent fund
placed at his disposal.
Mr, DORSEY remarked that he had had no op-
portunity, before this morning, of reading the
bill under consideration. He objected to this
section, as placing in the power of the Governor
the authority to make suitable compensation, out
of the contingent fund, to such persons as might
be employed in legal causes concerning the State,
and thought that such compensation should be
allowed by the Legislature fur such services
rendered the State. He would reduce to writing
an amendment of this nature.
Mr. SCHRIVER said, that if he had been cor-
rectly informed, claims for legal services had
never been paid out of the contingent fund, but
direct from the treasury. Under resolutions
emanating from the Legislature, the Governor,
from time to time, had been directed to make such
compensation as he might think proper, to per-
sons employed in legal causes by the State, and
to draw upon the treasury for the amount of
such compensation.
Mr. DORSEY stated that he was very unwilling
to consume the time of the Convention, by ques-
tions of this character, and he would therefore
refrain from submitting his amendment.
Mr. CRISFIELD enquired if the question was on
the adoption of the first section?
The PRESIDENT, pro. tem., replied in the affir-
mative.
Mr. CRISFIELD said:
That he thought there should be an Attorney
General, but he would not have him appointed
as he now is; but would have him appointed for
a term to continue as long as as the Governor's
term. If a Governor should be elected for four
years, he would allow the Attorney General's
term, to continue for the same length of time.
He would have the Attorney General to be an
officer of the State Government, whose duty it
should be to advise every part of the govern-
ment, and the State's Attorneys in the different
counties, and should receive a salary. He
would not let him hold office during good beha-
vior, and would only allow him to appoint prose-
cuting attorney's in the different counties. He
would make him an officer whose duty it should
be to give legal advice to the Governor—per-
haps to act for the Government in the higher
courts, and would strip him of the patronage now
exercised under law.


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 519   View pdf image
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