sel would demand a fee in every case adequate
to his compensation, in the most protracted liti-
gation that he could anticipate.
The question being taken upon the motion to
reconsider, resulted—ayes 33, noes 35.
So the motion was rejected.
The second section was then read as follows:
Section 2. There shall be an Attorney for the
State of Maryland, in each county, Howard Dis-
trict and the city of Baltimore, respectively, to
be styled "The Prosecuting Attorney," who shall
be elected by the plurality vote of the qualified
voters of each county, Howard district, and the
city of Baltimore; and who shall hold his office
for three years, from the day of his election, and
until his successor be elected and qualify; and
shall be re-eligible thereto; and be subject to re-
moval from office, for disqualification, wilful
neglect of duty, or misdemeanor in office, by pre-
sentment of the grand jury, and conviction of a
petit jury of the county, Howard district, or city
of Baltimore, in which he shall have been elected,
On motion of Mr. SHRIVER, the words "How-
ard district," were stricken out wherever they
occurred in the remainder of the bill.
On motion of Mr. CHAMBERS, of Kent, the
section was further amended by striking out
"prosecuting," and inserting "States" before
"Attorney,"
Mr. SHRIVER moved further to amend said sec-
tion by inserting after the word "Attorney," in
the third line the following;
"Who shall discharge in the several counties
and the city of Baltimore, all the duties and ex-
ercise all the powers heretofore discharged or
exercised by the Attorney General and his depu-
ties; and it shall be the duty of the clerk of the
court of Appeals and the Register of Chancery.
whenever a case shall be brought into either of
those courts, in which the State is a party, or
have aninterest, to notify the Governor thereof,
to enable him to employ counsel to protect the
interest of the State in said courts," &c.
Which was read,
Mr. DORSEY moved to amend said amendment
by inserting after the word "shall," in the first
line these words "as to all business originating in
their respective counties."
Mr. D. suggested that it would be a great sav-
ing to the State, for each attorney to transact the
business with which he was familiar. After he
had prepared himself to argue a case in the coun-
ty court, he would be prepared to argue it before
the court of appeals. No compensation would
therefore be required for these examination of the
same case by another attorney.
Mr. SHRIVER proposed to leave it to the Go-
vernor, to make such a selection as he should
think the interests of the State should require.
He would therefore prefer the phraseology of the
amendment as offered.
The question being stated,
No quorum voted.
Mr. SCHLEY suggested that the whole amendment
should be offered as a separate section. If
offered in its present shape, he should be compelled
to vote against the amendment, to avoid com-
2 |
bering the section with matters which did not
properly belong there,
The question being again stated,
No quorum voted.
Mr. DORSEY called for the yeas and nays.
Mr. SHRIVER, to avoid delay, accepted the
amendment, as a modification of his own.
Mr. DORSEY moved further to amend the
amendment, by inserting after the words ''to en-
able him, "the words "if he deem necessary."
Mr. SHRIVER accepted the amendment.
The question being then taken upon the amend-
ment as modified.
It was agreed to.
On motion of Mr. DORSEY, the section was
further amended by inserting after the words
"court of chancery," the words "or register of the
land office," by striking out "these" and inserting
"said," and by inserting after the word "courts,"
the words "or offices."
On motion of Mr. SHRIVER, the section was
further amended bystriking out "who," and in-
serting the words "the said States Attorney."
Mr JOHN NEWCOMER moved to strike out
"three," and insert "four," in relation to the term
of office.
Mr. SHRIVER stated that the term of three
years was inserted, so that the Attorneys should
serve for the same length of time with the sheriffs
and might thus go in and out of office at the same
time. He should prefer that term.
Mr. DORSEY was in favor of the amendment,
because if the term was made so short the emol-
uments would not be a sufficient inducement to
prevail upon competent men to accept the office.
in the case of the Sheriff, a large emolument was
expected. The present Attorney had had great
difficulty in some of the counties, in finding suita-
ble persons who would serve; and in some cases
persons had been appointed who never would
have been thought of, if the proper persons could
be induced to accept. The compensation paid to
the Attorneys was scarcely worth their atten-
tion.
Mr. SHRIVER would prefer two years to four.
At the first election an incompetent man might be
selected. The earlier the error could be recti-
fied, the better it would be. If the officers proved
competent, there would be no difficulty in re-elec-
ting him. He would prefer to have the term
three years.
Mr. NEWCOMER stated that his object in mov-
ing to insert four years instead of three, was to
lave as few elections as possible. The Conven-
tion had determined upon biennial sessions. It
would be necessary, unless some change was
made, to have elections almost every year.
The question being taken upon the amend-
ment,
It was agreed to;
Ayes 33, noes 20.
On motion of Mr. SMITH,
The section was further amended by striking
out the word "disqualification," and inserting
"incompetency."
The second section, as amended, was then
adopted.
Mr. HOWARD said; |
