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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1094   View pdf image
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ever that the legislature may by certain laws
create additional duties proper tor that officer
or somebody else to perform; and the tees
may increase and the necessity for the office
may become greater.
Mr, BRISCOE demanded the yeas and nays
and they were ordered.
Mr. SANDS. It seems to me that this office
is an important and necessary one for the
people of the State. If it is important, it is
necessary that we should retain it even if we
do pay a large salary. It ia agreed on all
hands that the office not only costs nothing
at present, but actually pays revenue to the
State. If the office is an important one, we
ought to continue it. There might perhaps
be tome other provision by which in future,
after the expiration of the term of the present
incumbent, the legislature might provide for
the necessities of the case. I would prefer
some such provision as that.
Mr. BRISCOE. I propose to offer a substi-
tute for the section.
Mr, SANDS I shall have to know what
the substitute is before I vote for striking out
the section.
Mr. BRISCOE. It is simply for the appoint-
ment of an officer, with a designated salary,
clothed with these duties, to be under the
control of the legislature. The amount of
salary will of course be determined by the
house, I shall put it at $l,800.
Mr, SANDS. After the expiration of the
time of the present incumbent?
Mr. BRISCOE. Yes, sir.
Mr. SANDS. I should be willing myself,
after the expiration of the term of the present
incumbent, to leave it an open question for
the legislature; but I should not, be willing
to do anything to touch the rights of the
present incumbent.
Mr. CHAMBERS. I suggest that we pass over
this section. The commisioner of the land
office and the keeper of the chancery records
however few may be his duties, has very clear
duties to perform. They are duties not per-
formed by any other officer of the State,
There is no other jurisdiction for his duties,
which are chiefly judicial in their character
There would seem to be a propriety in hav-
ing an officer existing in the State with the
powers belonging to this officer. We may
give the jurisdiction to another office. It is
the duty of the commissioner of the land
office to examine patents, to decide as to
the rights of patentees between different
claimants. If there is to be provision made
for an officer by some other title, let us see
what it is. Let us give the gentleman an
opportunity to perfect his idea, and reduce it
to a tangible shape. I suggest the propriety
of passing over the section. I confess I
should be unwilling to dispense with this
officer, unless there can be substituted in his
place some other individual whose province
it shall be to discharge the necessary duties
of this office.
i Mr. BRISCOE. My object was that the
present incumbent should be retained during
his term of office, the term for which he was
elected, and then that the legislature should
provide for the appointment of an officer to
take charge of this particular department.
To prevent any difficulty, so far as this
question may arise, I do not propose to make
any change until the present incumbent goes
out. I merely propose the appointment of
the officer after the expiration of the term of
the present imcumbent, and that the legisla-
ture shall impose upon him certain duties.
Mr. SANDS. I have ascertained that in
addition to the fees of the office for vacant
and escheat lands, this office pays into the
treasury $1,200 or $1,500 annually.
Mr. DANIEL. That is news to the com-
Mr. SANDS. It was news to me until I got
it; but I got it from a very good source.
Mr. BRISCOE. That was prior to the repeal
of the riparian bill.
Mr. SANDS. No, sir; now. This news
will form a portion, I understand, of the
comptroller's forthcoming report; that $1,200
or $1,500 annually are paid into the treasury
by this officer.
Mr. DANIEL. Besides the $1,800, making
Mr. SANDS. Yes, sir.
Mr, DANIEL. It is very strange then that
he should want his salary cut down.
Mr. HEBB. This money is not called fees
at all in the constitution; it is money paid
for vacant or escheat lands.
Mr. SANDS. And to which the commis-
sioner of the land office never could have any
Mr. DANIEL. I did not understand the
gentleman. He was speaking of the necessity
of continuing the office.
Mr. SANDS. Yes, sir; simply of the neces-
sity of continuing the office.
Mr. CHAMBERS. There is evidently a cloud
upon the subject. I move to postpone the
section informally,
The motion was agreed to—ayes 29, noes
The third section was read as follows:
"Section 3. The State librarian shall be
elected by joint vote of the two branches of
the legislature for four years; and until his
successor shall be elected and qualified. His
salary shall be fifteen hundred dollars per
annum. He shall perform such duties as are
now or may hereafter be prescribed by law,"
Mr. AUDOUN submitted the following amend-
ment :
Strike out all after the word " be," in line
one, as far as "his," in line three, and insert
the words "appointed by the Judges of the

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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1094   View pdf image
 Jump to  

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