Donaldson, Dorsey, Randall, Kent, Weems,
Brent, of Charles, Ridgely, Williams, Spencer,
Grason, George, Wright, Gaither, Neill, John
Newcomer, Davis, Kilgour, Waters and Smith
-21.
So the second branch of the amendment was
adopted.
The question was then put on the third and
last branch of the amendment, being in these
words:
"And if any of said directors or other officers
shall upon conviction in any court of law in this
State, be found guilty of having so borrowed
directly or indirectly, from said corporations, the
person so offending, shall be punished by con-
finement in the Penitentiary for such time as the
legislature may hereafter prescribe, and the
charter of said banking corporation shall be for-
feited forever."
The yeas and nays being ordered,
Appeared as follows:
Affirmative.—Messrs. Blakistone, Pres't., pro.
tem., Hopewell, Bond, Sollers, Welch, Sherwood,
of Talbot, John Dennis, Dashiell, Constable, Mc-
Lane, Bowie, McCubbin, Dirickson, McMaster,
Hearn, Fooks, Jacobs, Thomas, Shriver, Ste-
phenson, McHenry, Magraw, Nelson, Thawley,
Hardcastle, Brent, of Baltimore city, Fiery, Har-
bine, Michael Newcomer, Brewer, Anderson,
Fitzpatrick, Ege and Brown—35.
Negative—Messrs. Morgan, Dent, Ricaud, Lee,
Chambers, of Kent, Donaldson, Randall, Kent,
Sellman, Dalrymple, Brent, of Charles, Bell,
Ridgely, Williams. Hodson, Phelps, McCullough,
Grason, George, Wright, Gaither, Biser, Annan,
Carter, Stewart, of Caroline, Gwinn, Schley,
Neill, John Newcomer, Davis, Kilgour, Waters,
Weber, Hollyday, Smith, Parke, Shower and
Cockey—37.
So the third and last branch of the amendment
was rejected.
Mr. McHENRY moved to amend the report of
the committee, by adding at the end thereof as an
additional section, the following:
"Corporations may be formed under general
laws, but shall not be created by special act, ex-
cept for municipal purposes, and in cases where-
in the judgment of the legislature, the object of
the corporation cannot be attained under gene-
ral laws. All laws and special acts passed pur-
suant to this section, may be altered from time
to time or repealed."
On motion of Mr, SOLLERS,
The amendment was amended by adding at
the end thereof the following proviso:
"Provided, nothing herein contained shall be
construed to alter, change or amend in any
manner the article already adopted in relation to
banks."
The question then recurred on the adoption of
the amendment as amended; and
Determined in the affirmative,
On motion of Mr STEPHENSON,
The report of the committee was further
amended by adding at the end thereof as an ad-
ditional section, the following:
"All banks shall be open to inspection of their |
books, papers and accounts, under such regula-
tions as may be prescribed by law."
On motion of Mr. MILLER,
The report of the committee was further
amended by adding at the end thereof, as an ad-
ditional section, the following:
"The Legislature shall enact no law authoris-
ing private property to be taken for public use,
without just compensation being first paid or ten-
dered to the party entitled to such compensa-
tion."
Mr. BRENT, of Baltimore city, moved that the
Convention reconsider their vole rejecting the
last branch of the amendment offered by Mr.
SOLLERS, in relation to banks ;
Determined in the affirmative.
Mi. BREST, of Baltimore city, then offered as
a substitute for the amendment the following:
"And if any director or other officer shall be
convicted, upon indictment of directly or indi-
rectly violating this article, he shall be punished
by fine or imprisonment at the discretion of the
court." .
The amendment was agreed to.
The question then recurred on the adoption of
the amendment.
Mr. WEEMS moved that the question be taken
by yeas and nays;
Which being ordered,
Appeared as follows:
Affirmative—Messrs. Blakistone, Pres't., pro
tem., Morgan, Hopewell, Lee, Dalrymple, Bond,
Sollers, Howard. Buchanan, Bell, Sherwood of
Talbot, John Dennis, James U. Dennis, Dashiell,
Hodson, Phelps, Constable, Milter, McLane,
Bowie, McCubbin, Dirickson McMaster, Fooks,
Jacobs, Thomas, Shriver, Biser, Annan, Stephenson,
McHenry, Nelson, Carter, Thawley,
Stewart of Caroline, Hardcastle, Gwinn, Brent
of Baltimore city, Sherwood of Baltimore city,
Ware, Fiery, Harbine, Michael Newcomer,
Brewer, Anderson, Hollyday, Parke, Ege, Cockey
and Brown—51.
Negative—Messrs. Dent, Ricaud, Chambers of
Kent, Donaldson, Kent, Weems, Brent of Charles
Williams, McCullough, Spencer, George, Wright,
Gaither, John Newcomer, Davis, and Smith
—16.
So the amendment was adopted.
Mr. CONSTABLE moved further to amend the
report of the committee by adding as an additional
section the following ,
"The trial by jury of all issues of fact in civil
proceedings in the several courts of law of this
State, where the amount in controversy exceeds
the sum of five dollars, shall be inviolably pre-
served."
Mr. CONSTABLE said that there was no guaranty
in the Constitution of Maryland for the trial by
jury in civil cases. In the Federal Government
there was a provision, but it was only applicable
to the Federal courts.
Mr. SPENCER moved to amend the amendment
by adding at the end thereof the following:
"And in the trial of all criminal cases, the jury
shall be the judge of law as well as of fact "
Mr. SPENCER said that he had understood that |
