The question recurred upon the motion of
Mr. STOCKBRIDGE to make it the special order
for next Friday.
The question being taken, it was not agreed
to.
Mr. VALLIANT moved that it be made the
order of the day for Wednesday next, at 12
o'clock.
The question being taken, the motion of
Mr. VALLIANT was agreed to.
APPOINTMENT, TENURE Of OFFICE, &C.
The Convention then resumed the consider-
ation of the unfinished business of Saturday,
being the report of the committee to consider
and report respecting the appointment, tenure
of office, duties and compensation of all civil
offices not embraced in the duties of other
standing committees, which was upon its sec-
ond reading,
The only section remaining unconsidered
was section two,, which had been amended so
as to read as follows :
See. 2, There shall be a commissioner of
the land office, elected by the qualified voters
of the State, on the Tuesday after the first
Monday in November, in the year eighteen
hundred and sixty-nine, and on the same day
in every sixth year thereafter who shall hold
his office for the term of six years from the
first day of January next after his election.
The returns of said election shall be made to
the governor, and in the event of a tie be-
tween any two or more candidates the gov-
ernor shall direct a new election to be held by
writs to the sheriffs of the several counties,
who shall hold said election after at least
twenty days notice, exclusive of the day of
election, lie shall perform such duties as are
now required of the commissioner of land
office, or such as may hereafter be prescribed
by law, and shall be keeper of the chancery
records. He shall receive a salary of eighteen
hundred dollars per annum, to be paid out of
the treasury, and shall charge such fees as are
now or may he hereafter fixed by law. The
said commissioner of the land office shall
make a semi-annual report of all the fees of
his office both as commissioner of the land
office and keeper of the chancery records, to
the comptroller of the treasury, and shall pay
the same semi-annually into the treasury.
Mr. THOMAS moved to strike out eighteen
hundred and to insert two thousand in line
twelve,
Mr. CLARKE. I think in justice to the com-
missioner of the land office, it is proper that I
should read to the Convention the communica-
tion be made to the committee on this subject,
which will explain the action of the commit-
tee, why they abolished the fees and inserted
in their place a regular salary, and showing
also the compensation be has received for
come years, the average of which is even be-
yond the amount fixed by the gentleman from
Baltimore city (Mr. Thomas.) |
ANNAPOLIS, May 18,1864.
To Messrs. Clarke, Billingsley, Thurston,
Daniel, Baker, Purnell and Davis, com-
mittee of constitutional convention " to
consider and report respecting the ap-
pointment, tenure of office, duties and
compensation of all civil officers not em-
braced in the duties of other standing
committees."
GENTLEMEN: I would respectfully beg to
submit to your consideration some sugges-
tions in relation to the office of commissioner
of the land office.
Under the present constitution, the com-
missioner of the land office sits as judge of
the land office and receives therefor a salary
of $200 per annum. He also performs the
duties of register of the land office, and exam-
iner general, and is entitled to receive there-
for the fees chargeable under the former con-
stitution and laws By an act of the general
assembly passed at January session, 1862,
he has charge of the chancery records, and
receives for such services as required by said
act the sum of $500 from the State, and the •
fees arising from copies.
The fees arising from duties performed S3
register of the land office are liable to be
augmented or diminished, as the case may
be, by his decisions as judge of the land of-
fice. For instance: application is often made
for a patent upon land which has been owned
by several persons since its survey or re-sur-
vey, and upon such proofs as are submit-
ted the commissioner grants or refuses the
patent as his judgment dictates. By grant-
ing the patent, be is required to perform the
duty of register in issuing it, and recording
the proceedings, certificate, &c., for which he
receives the fees chargeable by law. Refusing
the patent, his services as register are not
required, and no fees accrue. Thus the sal-
ary or emoluments of the office are affected
by his judicial decisions.
The fees accruing from the several duties
of register and examiner general, are irregu-
lar and uncertain, attimes amounting to a
large and handsome salary per annum, and
at others not exceeding half or a little more
than half the maximum allowed by the con-
stitution. An act of the general assembly of
1862 to prevent the issuing of warrants and
patents for lands covered by navigable water,
materially affected and diminished these fees,
and it. was to make good in some measure
this deficiency, as well as for the public con-
venience, that the chancery records were
placed in charge of the commissioner of the
land office.
The combination of the several offices of
judge, and register of the land office, and ex-
aminer general under the title of commis-
sioner of the land office, has proven of great
convenience, and a change would, I doubt
not, be prejudicial to the public interest. |
