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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1164   View pdf image (33K)
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1164
may have at all times, one, two, or more experienced
members on the board. The truth
is that the commissioners are frequently
chosen for availability, and not for the quali-
fications which they possess as fiscal agents
of the county. There are very important
trusts confided to them. We have no county
treasurers; and consequently they are the
fiscal agents of the county. They have to
pass upon accounts and adjust all the finan-
cial matters in the county, in view of that
fact it seems to me important to secure the
services, not only of men qualified to dis-
charge the duties, but of men with some experience
in the office,
By the plan I propose, we retain, in the
county of Worcester, for instance, where
there are five commissioners, either two or
three, as we cannot have an even division of
the five, and the others go out. Those that
ire retained have therefore the experience of
two years at least, which will enable them to
conduct the affairs of the county; and the
lame would be the result at every election;
which I conceive would be attended with
very beneficial results to the people of the
county. Whether I have presented the amendment
in a practical form I leave for the con-
vention to judge. If the boards of the coun-
ties of the State were all composed of even
numbers, the scheme would work well and
could be readily carried out. But there is
no uniformity among the counties. I am
told that in this county there are seven, and
in some of the smaller counties three. We
should have to approximate as nearly as possible
to equal numbers in the classification.
I would be glad to hear the views of gentle-
men of the different counties upon this matter ;
for doubtless many of them appreciate the
necessity of some change, and perhaps some
improvement may be suggested which will
better attain the object sought.
The reason why I place the election in 1867
is this; that the tenure of office of the commissioners
now elected expires in 1865. One
half of them would be elected for four years,
and in two years, in 1867, the vacancies
arising from the expiration of the term of the
other half of those elected in 1865 would be
filled with commissioners also elected for four
years. From that time there would be no
difficulty. The plan would be carried out as
contemplated by the amendment.
Mr. RIDGELY. The. more this subject is
agitated the more satisfied I am of the abso-
lute necessity of the entire reconstruction of
this section. I favor the principle of the
amendment suggested by the gentleman from
Worcester. I am satisfied, moreover, that
there is no act more important than this par-
ticular section for the local interests of the
people of the counties; and that will require
a more thorough and deliberate examination
on the part of this house. Indeed, I do not
know whether it would not be wise to strike
out the whole section, and leave the subject
entirely lo the legislature. I do not see the
necessity of inserting in the constitution of
the State a provision for the government of
the local affairs of the particular counties of
the State, The organic law should confine
itself, so far as possible, to general principles
of general government, to deciding the policy
of the State; but in the detail, the minute af-
fairs, it strikes me that the proper place to
deposit the power is in the legislature of the
State. It is of easy access, easily approached,
and will readily redress the grievances that
may be found to exist. I would prefer that
the whole section should be stricken out, and
that the whole subject should be devolved
upon the discretion and supervision of the
general assembly.
If we are to have this section continued in
the constitution requires the most thorough
reconstruction. I will just call the at-
tention of the house to the gross inconsis-
tency in the terms of the section itself. The
first paragraph provides for these officers, and
declares what shall be their tenure of office,
and declares they shall be known as county
commissioners, and elected every two years,
which, of course, prescribes the tenure to be
a two-year tenure; and yet you will find af-
terwards that the power is given to the legislature
to regulate the tenure of office. The
words are:
" And the legislature shall have power to
pass such laws as may be necessary for deter-
mining the number for each county, fixing
the salary and ascertaining and defining the
powers, duties and tenure of office of said
commissioners."
It is expressly declared that the tenure of
office shall be two years, and yet the power
is given to the legislature to ascertain and
regulate it. There is an inconsistency in the
section itself. There are other matters re-
quiring amendment. I have studied the mat-
ter with a good deal of care, for the purpose
of offering amendments to it; but it seems to
me that we cannot act upon it intelligently
in this house; that we ought to recommit it
for the purpose of reconstruction, if there
is any improvement we desire in it, we can
submit the proposition here in convention,
and leave it to the" committee to provide for
our local wants in an itteligible form. In
the present aspect of the subject it seems
to me difficult to amend it at all to make«
it continuously intelligible. I would prefer.
speaking for my own county, that the whole
subject should be left to the legislature, and '
the whole article were stricken out. I throw
out this suggestion for the consideration of
members whether it would not be better, in
view of the interests every county has in the
government of this particular board, relating
to our local interests, that we should have
this article presented to us in a much more-acceptable
form by reconstruction.


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1164   View pdf image (33K)
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