The PRESIDING OFFICER replied in the nega-
tive.
The question was then slated to be on the sub-
stitute offered by Mr. Bowie.
Mr. PARKE inquired if it would be in order to
move an amendment?
The PRESIDING OFFICER replied that it would
not be in order.
Mr. BOWIE then demanded the yeas and nays
on agreeing to his amendment, which were or-
dered.
Mr. PHELPS. I suppose it is not in order to
say a word in reference to the proposition, except
to make a motion.
The PRESIDING OFFICER. Not one word.
Mr. PHELPS. I am very sorry. I should like
to make a speech.
The question was then taken on agreeing to
the substitute moved by Mr. Bowie, with the fol-
lowing result:
Affirmative-Messrs. Morgan, Hopewell, Ric-
aud, Mitchell, Weems, Buchanan, Welch, Chan-
dler, Ridgely, McCullough, Miller, McLane,
Bowie, Tuck, Shriver, Johnson, Biser, Michael
Newcomer, Holliday, Fitzpatrick and Smith-21.
Negative-Messrs. Chapman, President, Lee,
Chambers of Kent, Donaldson, Wells, Randall,
Kent, Sellman, Dalrymple, Brent of Charles,
Merrick, Howard, Bell, Sherwood of Talbot,
Colston, John Dennis, Crisfield, Dashiell, Hicks,
Hodson, Goldsborough, Eccleston, Phelps, Sprigg,
Spencer, Grason, George, Wright, Dirickson,
McMaster, Hearn, Fooks, Jacobs, Thomas, Gai-
ther, Annan, Sappington, Stephenson, McHenry,
Magraw, Nelson, Thawley, Stewart of Caroline,
Hardcastle, Gwinn, Brent of Baltimore city,
Sherwood of Baltimore city, Ware, Schley, Fiery,
Neill, John Newcomer, Harbine, Davis, Kilgour,
Brewer, Waters, Anderson, Weber, Slicer, Parke,
Ege, Shower and Brown-64.
So the Convention refused to accept the sub-
stitute.
The question then recurred upon the adoption
of the amendment offered by Mr. Crisfield.
Mr. SPENCER moved, as substitute for Mr.
Crisfield's amendment, the following:
"Sec. 9. This State shall be divided into eight
judicial districts exclusive of the city of Baltimore,
in manner and form following, to wit: Worcester,
Somerset and Dorchester counties shall be the
first district; Caroline, Talbot and Queen Anne's
counties shall be the second district; Kent, Cecil
and Harford counties shall be the third district;
Allegany and Washington counties shall be the
fourth district; Frederick and Montgomery coun-
ties shall be the fifth district; Baltimore and Car-
roll counties shall be the sixth district; Prince
George's, Charles and St. Mary's counties shall
be the seventh district; Calvert, Anne Arundel
and Howard counties, shall be the eighth district
and one person of integrity and sound judgement
in the law, who shall have been a citizen of this
State at least five years, and a resident of the district,
and not above the age of seventy years
shall be elected from each of said districts, by a
majority of the legal and qualified voters therein
as a Judge of the county court for said district
who shall hold his office for the term of ten years |
from the time of his election, or until he shall
have attained the age of seventy years, whichever
may first happen, and he re-eligible thereto until
he shall have attained the age of seventy years,
and not after; and the county courts, so as afore-
said established, shall have, hold and exercise in
the several counties of this State, all and every
the powers authorities and jurisdictions which
the county courts of this State now have, use and
exercise, and which shall hereafter be prescribed
by law, except in matters appertaining to courts
of equity; and the said judges shall have and use
all other powers and authorities which the judges
of the county courts now have, by virtue of law,
or which may hereafter be prescribed by law;
and the said county courts shall respectively hold
their sessions in the several counties, at the times
and places where they are now held, or at such
other times and places as may hereafter be pre-
scribed by law; and the salary of the said judges
shall respectively be two thousand dollars per
annum, and shall not be diminished during the
period of their continuance in office, and they
shall not receive any perquisites of office, from
any source whatever, or any other than fixed and
certain salaries.
Mr. HOWARD. I ask the gentleman from
Queen Anne's if he has any objection to insert-
ing in his substitute the words "shall not be
increased or," before the word "diminished,"
so as to prevent the salaries of the judges from
being increased or diminished.
Mr. SPENCER. I have not the slightest objec-
tion. The Convention did it in regard to the
other matter, and therefore I bow to their de-
cision, and will modify my proposition accord-
ingly.
Mr. MITCHELL. Does the gentleman include,
in the business of these judges, the chancery
court and the orphans' court jurisdiction?
Mr. SPENCER. My proposition says nothing
in reference to that subject, leaving the matter
open, to be determined by the Convention here-
after.
Mr. BOWIE. Section ten does that.
Mr. SPENCER. This section simply disposes
of the common law districts. After that is dis-
posed of, the Convention can determine whether
these judges shall have further jurisdiction. I
propose to offer an amendment to that effect,
Mr. CRISFIELD. For the purpose of making
some remarks, I will move to strike out "eight"
and insert "seven." The substantial difference
between the gentleman from Queen Anne's and
myself is, that he proposes eight judicial dis-
tricts, exclusive of the city of Baltimore, and I
propose eight judicial districts, inclusive of the
city of Baltimore. He makes one judicial dis-
trict more than I do. Now, I understood the
orphans' court jurisdiction, which was proposed
by the original bill to have been given to the
common law judge, has, by an amendment, been
stricken out. To that extent, the services of
the judges of all these judicial districts will be
diminished.
Mr. SPENCER. I must call the gentleman to
order. There are three amendments pending
before the Convention, and the gentleman has |
