improvement, the general phraseology,
after naming the directors in all such cases.
is to go on to say that "they or the majority
of them shall" do so and so. I merely
suggest this for the consideration of the con-
vention.
Mr. BOND. The amendment suggested by
my colleague (Mr. Miller) would certainly do
no harm, in the view of either of the gentle-
men who have expressed opinions upon this
subject. If it be true that a majority of this
board can act, it would certainly not preju-
dice the article at all to say so in so many
words. Even suppose the gentleman from
Frederick (Mr. Schley) is right in his view
that if a board is constituted a majority can
act, it can do no manner of harm to insert
in the section expressly that a majority of
the board shall have power to act.
Mr. PURNELL. To obviate any difficulty,
I will offer this amendment: insert before the
words —'' shall constitute the board of pub-
lic works"—the words "or a majority of
them."
Mr. SCHLEY. I would suggest to the gen-
tleman from Worcester (Mr. Purnell) to have
his amendment come in between the words
"who" and "shall," in the sentence "who
shall exercise a dilligent and faithful supervi-
sion, " &c.
Mr. PURNELL. Very well; I will modify my
amendment in that way.
The question was upon the amendment as
modified; that is, insert between the words
"who" and "shall," the words ''or a ma-
jority of them."
Mr. HEBB. I think the section is a great
deal better as it stands; because if this
amendment beadopted, then any two of these
officers might start off at any time to appoint
directors in some company, without consult-
ing the other one at all. The majority of any
body is competent to govern, unless there is
some provision against it.
Mr. PUGH, For the same reason I am op-
posed to the amendment of the gentleman
from Worcester (Mr. Purnell.) I think the
whole of this board should act as a board.
Let the section stand as it is, that these three
officers shall constitute the board, and let the
three act, and not any two of them,
Mr. MILLER. I think the discussion bus
shown the necessity of something definite be-
ing put in here.
Mr. NEGLEY. I think there is the greatest
possible necessity for the insertion of the very
amendment proposed by the gentlemen from
Worcester (Mr. Purnell.) otherwise, as sug-
gested by the gentleman from Anne Arundel
(Mr. Miller,) suppose this board to be called
upon to transfer the interest of the State in
any one of our works of internal improve-
ment; two of them might agree, but the
third refuses to sign the necessary papers.
Of course that would defeat the whole object
of constituting this board, and perhaps put |
it out of the power of the legislature to rem-
edy the difficulty. I think there is an abso-
lute necessity for this amendment.
Mr. MILLER. I would suggest that the
proper place for this amendment to come in,
would be just after you require them to do
some act. I would suggest that the words
"or a majority of them," be inserted before
the words ''shall appoint the directors in
every railroad or canal company in which the
State, " &c.
Mr. DANIEL. Then you would have to in-
sert the wonts again in other places in the
section.
Mr. HEBB. I would suggest that if it is
necessary to insert the words at all, the proper
place would be near the close of the section ;
insert after the words " such other duties as
may be "hereafter prescribed by law," this
clause: "and in all cases a majority of said
board shall be competent to act."
Mr. NEGLEY, I think the proper place is
that indicated by the gentleman from Wor-
cester (Mr. Purnell) Amend this section so
that it will read—-" the governor, the comp-
troller of the treasury and the treasurer, shall
constitute the board of public works, wbo,or
a. majority of whom, shall exercise," &c.
That specifies the board, and what portion of
the board may be considered as using the
power of. that board. And then you go on
to designate what that board shall do, and
how it shall act. If you insert this lower
down in the section, it may raise the question
whether it appiles to acts of this board per-
formed under the previous portions of the
section. The proper place to put in the qual-
ification as to who may exercise the power of
the board is precisely where the gentleman
from Worcester has indicated; and then it
will qualify all the acts of the board subse-
quently provided for.
The question was upon the motion of Mr.
Purnell to insert between the words " who"
and "shall" the words "or a majority of
them " so that it would read " who, or a ma-
jority of them, shall exercise a diligent and
faithful supervision," &c.
The question being taken, upon a division—
ayes 16, noes 32—the motion was not agreed
to.
Mr. HEBB. I move to amend the section,
near its close, by inserting after the words
"prescribed by law," the words "and a ma-
jority of them shall be competent to act."
Mr. CHAMBERS. If the insertion be made
in the first part of the section, after the word
"treasurer," I think the difficulty would be
obviated. If it be amended so as to read
" the governor, the comptroller of the treas-
ury and the treasurer, or any two of them,
shall constitute the board of public works,"
&c., there would then be no doubt about
how many of them shall have authority to
act.
Mr. PURNELL. That was the motion 1 first |
