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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1083   View pdf image (33K)
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1083
in twenty years. Why those who claim to
be par excellence the friends of the people
should undertake 'to restrict them in this
way, I do not understand. I am for giving
them that privilege every ten years.
The question being taken the amendment
was not agreed to.
No tun her amendment was offered to this
section, or to the report.
The report was then ordered to be engrossed
for its third reading.
Mr. CUSHING. There has been no change
made in this report by this convention, and
therefore the necessity for our seeing it en-
grossed does not exist. I therefore move to
suspend the rules,in order that this report
may now be read the third time and put upon
its passage.
The question being taken upon the motion
to suspend the rules, upon a division—ayes
40, nays 19—it was agreed to.
The report was then read the third time.
The question was upon the passage of the
report.
The question being then taken by yeas and
nays, (under the rule) it resulted—yeas 46,
nays 18—as follows ••
Yeas—Messrs. Goldsborough, President;
Abbott, Annan, Audoun, Baker, Bond; Car-
ter, Cunningham, Gushing, Daniel, Davis, ol
Washington, Dellinger, Earle, Ecker, Farow,
Greene, Hatch, Hebb, Hopkins, Hopper,
Jones, of Cecil, Keefer, Kennard, King,
Larsli, Markey, McComas, Mullikin, Murray,
Negley, Parker, Pugh. Purnell, Robinette,
Russell, Sands, Schley, Smith, of Carroll,
Smith, of Worcester, Sneary, Stirling, Stock-
bridge, Swope, Sykes, Valliant, Wickard,
Wooden—46.
Nays—Messrs. Blackiston, Briscoe, Brown,
Chambers, Dennis, Gale, Harwood, Horsey,
Johnson, Lansdale, Lee, Marbury, Miller,
Morgan, Parran, Peter, Turner, Wilmer—18.
The PRESIDENT announced that the report
was rejected for want of the requisite vote
in its favor, under the following clause of
rule forty-four:
"But should a report or article on its final
passage bedeclared rejected for the want of a
majority of the members elected," &c.
Mr. STIRLING. I think it was the univer-
sal understanding of the members of the con-
vention that that rule was repealed.
The PRESIDENT. By reference to page 108
of the journal, it will be perceived that rules
forty-two and forty-three were the only rules
amended.
Mr. CUSHING. If according to those rules,
as amended, permit the passage of an article
by the votes of a majority of the members
present, do not they control the construction
of this forty.-fourth rule?
The PRESIDENT. Rule forty-two now reads ;
"All questions, except those o:hewise
herein provided for, shall be determined by a
majority of the members present."
Mr. CUSHING. I think the action of the
convention in amending those rules shows
what was the cense of the convention upon
this subject, and that it was that the votes of
a majority of the members present were suffi-
cient for the passage of any report or arti-
cle.
Mr. HEBB. I will move to reconsider the
vote just taken upon the adoption of this re-
port.
The question being taken, the motion to re-
consider was agreed to.
The question recurred upon the adoption
of the report.
On motion of Mr. HEBB,
The further consideration of the report was
postponed until to-morrow.
Mr. HEBB gave notice that on to-morrow
or some subsequent day he would move to
amend rule forty-four by striking out the
word "elected" and inserting the word
"present."
APPOINTMENT, TENURE OF OFFICE
On motion of Mr. STOCKBRIDGE,
The convention proceeded to consider the
report of the " committee to consider and re-
port respecting tenure of office, duties and
compensation of all civil offices not embraced in
the duties of other standing committees, which
was on its second reading.
Section one was read as follows :
BOARD OF PUBLIC WORKS.
"Section 1. The governor, the comptroller
of the treasury and the treasurer, shall con-
stitute the hoard of public works, who shall
exercise a diligent and faithful supervision of
all public works in which the State may be
interested as stockholder or creditor, and
shall appoint the directors, in every railroad
or canal company which the State has the le-
gal power to appoint directors, which said
directors shall represent the State in all meet-
ings of the stockholders of every railroad or
canal company in which the State is a stock-
holder; it shall be the duty of the said board
of public works to receive from time to time
the rate of tolls adopted by any company, use
all legal powers which they may possess to
obtain "the establishment of rates of tolls,
which may prevent an injurious competition
with each other to the detriment of the in-
terests of the State, and so lo adjust them as
to promote the agliculture of the State; the.
said board of public works shall keep a jour-
nal of their proceedings, they shall hold reg-
ular sessions in the city of Annapolis, on the
first Monday in January, the first Monday in
April, the first Monday in July, and the first
Monday in October, in each year, and oftener
if necessary, at which sessions they shall hear
and determine such matters as affect the pub-
lic works of the State, and the legislature
may confer upon them the power to decide;
they shall at each regular session of the legis-


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1083   View pdf image (33K)
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