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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1160   View pdf image (33K)
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1160
Henkle, Hollyday, Mayhugh, Miller, Negley,
Nyman, Parker, Parran, Russell—15.
When his name was called,
Mr. BELT said: As this proposition origi-
nated with me some days ago, I shall vote in
the affirmative on the principle that if the
public works, and the State's interest in the
canal particularly, shall be sold at all, I am
in favor of compelling such legislation as shall
enable those who are chiefly interested in
them to have the benefit of them, if they want
them. I therefore vote " aye."
The section was accordingly adopted.
No further amendment being offered to the
legislative article, it was ordered to be en-
grossed for a third reading.
Mr, NEGLEY asked and obtained leave of ab-
sence tor a day or two,
Mr. MARBURY moved that the convention
adjourn.
The motion was not agreed to.
COUNTY COMMISSIONERS.
On motion of Mr. STOCKBRIDGE,
The convention then resumed the consider-
ation of the report of the committee on the
appointment, tenure of office, duties and com-
pensation of all civil officers not embraced in
the duties of other standing committees,
which was on its second reading.
The question being on the adoption of the
following amendment submitted. by Mr.
RIDGELY :
"Section 4. Strike out in the third line the
words, 'general ticket and not by districts,'
and insert ' in such manner and for such term
as the legislature may prescribe.'"
Mr, RIDGELY, As I observed the other day,
when this subject was under consideration,
the adoption of that amendment by the house
will necessarily involve several other material
amendments to the section, and will require
very much a reconstruction of the section. It
strikes me that the house would act much more
intelligibly upon the subject by recommitting
that section to the committee, to be reported
in a proper form. This board of county
commissioners is perhaps of much more im-
portance than will strike the attention of the
house without some reflection. This is a lo-
cal board tor every county, involving local
jurisdiction and local powers over subjects of
very great interest to the people of the county.
tinder the former system of the administra-
tion of this office there was no provision by
which there was any requisition which im-
posed on these officers the necessity of being
controlled by any common or uniform system
of legislation. Under this constitution these
boards are all to be subject to a regular uni-
form system throughout the whole State. It
is well Known that the interests of the differ-
ent counties differ on these subjects. I am
very sure that the practice under this consti-
tutional prov sion has not improved the old
order of things before the adoption of this
constitution. The regulation of the roads is
one of the most important functions with
which this body is charged. Any uniform
system of roads throughout the State seems
to me to be utterly impracticable to be at-
tained.
Mr. MILLER. If the gentleman will turn to
the legislative report, he will see that there
must be a uniform system of public roads.
Mr. STIRLING. We have passed a provision
that the legislature shall not pass local or
special laws establishing, locating or affecting
the construction of roads.
Mr. RIDGELY. That defeats the whole ob-
ject of my amendment, which was lo allow
each county to suggest its own means of re-
lief.
Mr. STIRLING. You voted for that yourself.
Mr. RIDGELY I believe I did. Belt that: does
not prohibit the legislature from passing a
general law which may not require uniformity
in all the counties. They may pass a gen-
eral law which may meet the exigencies of the
case, and by which the wants of each particular
county may be gratified. I am very sure
the wants of St. Mary's and Charles counties,
where they have a gate across the road every
mile or two, through which you must pass,
are not similar to the wants of such a county
as that where I reside, where there are great
highways and thoroughfares penetrating
entire county. There are different wauls and
necessities, and no uniform system of legisla-
tion will meet the wants of the counties in
my judgment.
Mr, CLARKE. The next section, section 5,
relates to load supervisors, the number of
whom shall be determined by the county
commissioners.
Mr. RIDGELY. That only refers to their
duties prescribed by the law. But I shall
not press my amendment, because it amounts
to nothing independently. I therefore with-
draw it.
Mr. SCHLEY. I see by the journal, page
361, that the blank was filled with " Tuesday
next after the first Monday in November, in
the year 1865," That will require through-out
the State, elections to be held every year.
We have provided tor elections lo be held
this fall to fill certain offices, on Tuesday
next after the first Monday." Under this
amendment we shall have next year an elec-
tion for county commissioners. So every
year we must have an election tor one set of
officers or another. I propose to amend so
as to make this election in 1866, so as to
avoid unnecessary frequency of elections. I
propose that elections for county commission-
ers shall occur simultaneously with the gen-
eral elections through the State, Under a
subsequent provision the present county
commissioners will hold office until their
successors shall be elected and qualified.
Mr. HEBB. Is it in order to move to strike
out that which has been inserted? I think


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1160   View pdf image (33K)
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