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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1107   View pdf image (33K)
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1107
just voted that thereshall be no increase of
his salary ?
Mr. PUGH. I suppose that the sense of the
house, if this is adopted, will indicate that
some action will be hereafter taken with re-
ference to that very matter. I think that this
at least is tautology, and by implication, at
least, suggests that inasmuch as a provision
has been adopted here requiring the legislature
to do nothing to increase the compensation
of the librarian, it is within their power to
do that with regard to other salaries. My
opinion is that here after we shall have to re-
consider that already adopted. I do not see
how we can possibly avoid it.
Mr. CIARKE. As I understand the purport
of the amendment offered by the gentleman
from Cecil (Mr. Scott,) it does not undertake
in the constitution to fix the salary, but to
leave it to the existing law, and giving the
legislature the power to vary it from time
to time, not exceeding $1,500.
The PRESIDENT. The amendment offered
by the gentleman from Baltimore county,
and just adopted, denies the legislature that
very power.
Mr. SCOTT withdrew his amendment.
Mr. STIRLING submitted the following
amendment: Strike out the third section,
and insert:
"Section 3. The State librarian shall be
elected by joint vote of the two branches of
the legislature for four years; be shall per-
form such duties and receive such compensa-
tion as are now prescribed or paid, or may
hereafter be prescribed by law."
Mr. STIRLING said: I am desirous of in-
creasing the salary of the librarian. But
this really will not affect that question at all.
If this constitution is adopted, of course it
will have no effect until next winter, and the
legislature will meet in January. There
cannot be a change until the legislature meets;
and we may as well leave it for them to say
Whether or not his salary shall be increased.
It will then be acted upon just as soon as if
we put it into the constitution itself. If the
legislature is willing to give him an increased
salary there will be no delay; and if not, be
ought not to have it,
Mr. NEGLEY. This amendment is open to
two objections. First, it does not give the
librarian the relief he asks at the hands of the
convention. In the second place, it leaves a
question open which the convention ought to
settle. if it settles the salary of other officers,
it ought especially to settle that of the libra-
rian. Every legislature might change the
law, and every legislature will be operated
upon in the ways that we know legislatures
are. In our county, I have known some of
our delegates to have State paper enough to
last them three or four years after they re-
turn. Some of them have supplied them-
selves.
The PRESIDENT. The hour has arrived,
(12 o'clock, M.,) for taking up the order of
the day.
On motion of Mr. PURNELI,
The order of the day was suspended for
half an hour.
Mr. NEGLEY resumed: I am opposed to
this amendment, because it does not give the
relief which is claimed. I am perfectly will-
ing to vote for $1,500 a year, with the un-
derstanding that the legislature is not to in-
crease it either directly or indirectly, as
decided by the amendment of the gentlerman
from Baltimore county (Mr. King.) With
regard to leaving this question open, if you
fix the salary of one officer, we ought to fix
the salary of all. I do not see any reason at
all for the discrimination.
Mr. CI.ARKE. There is one difference be-
tween the section offered by the gentleman
from Baltimore (Mr, Stirling) and the section
as it now stands; but I do not know that it
would very materially affect the question.
It provides for a term of office for four years,
leaving out the provision, "and until his
successor shall be elected and qualified.' ' It
has become a. very material clause to be in-
sorted. My impression is, that it should be
retained.
Mr. STIRLING. I will insert these words.
I omitted them in copying.
Mr. CLABKE. Then I have nothing more
to say upon that. The other point to which
I wish to call attention is, that I think, all
these offices if any ought to be withdrawn
from the constitution. But the salary of the
librarian ought to be fixed inasmuch as we
are fixing that of other officers. Let us adopt
one rule or the other. Let us leave it to the
legislative control, to be governed by con-
siderations of the state of the currency and
other matters not possible to foresee, and say-
that it shall not exceed a certain amount,
leaving it to the discretion of the legislature
to say what is a proper salary. Or, if we are
to regulate it ourselves, in the present state
of the currency, I think there is no reason for
making an exception in the case of the libra-
rian; and we may as well take the responsi-
bility of determining it, as to throw it upon
the legislature. The salary fixed in this article,
I think is a fair and reasonable one.
There is a provision already adopted which
prohibits the librarian from receiving here-
after any additional compensation voted him
by the legislature for additional services, and
I think, under these circumstances, that this
is a reasonable salary. But in view of the
continual applications which would be made
by this officer, and all officers .under the
immediate control of the legislature, and by
magistrates, constables, judges of orphans
courts, &c., and the fact that a great portion
of the time of the legislature would be taken
up in considering the question of increasing
their salaries, in order to remove those in-
fluences, I think it will be better to adopt


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1107   View pdf image (33K)
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