The PRESIDENT. The section as it stands
would allow the citizens of one election dis-
trict of Somerset, county, to attach themselves
to Worcester county, for instance, without
the consent of the people of Worcester county,
provided they could obtain the consent of the
legislature. It was with that view that I vo-
ted for the amendment proposed by the gen-
tleman from Montgomery (Mr. Duvall, ) which
gave the citizens of each county a right to
determine the question.
Mr. HEBB. The object of the report, as it
was at first drawn, was to obtain the consent
of a majority of the legal voters residing in
the two counties out of which the new county
was to be formed, and also the consent of a
majority of the legal voters of the part to be
formed into a new county. The committee
would not consent to it, but preferred it in
the way the report now stands, that it should
only require the consent of a majority of the
legal voters of the portion about to form the
new county. I was myself in favor of requir-
ing the consent not only of that portion
of the old counties about to form the new
county, but also of a majority of the legal vo-
ters residing in each of the counties out of
which the new county is to be formed.
In relation to what the gentleman from Bal-
timore city (Mr. Stirling) has said with re-
gard to my amendment embracing more than
I intended, he is mistaken. It says that the
question of county lines shall be submitted to
the people of the counties. So far as I am
aware the legislature has never yet changed
a county line without taking a vote of the
people of the county where they would have
it. It was done in Baltimore county, I think,
The PRESIDENT. I recollect that in the case
of Howard county a petition was before the
legislature a long time betore any change was
made.
Mr. HEBB. As to changing county lines, if
we take a part of one county and add it to an-
other county, we form new counties, although
of the same name. My amendment simply
raises the question whether the people of the
old counties shall be consulted. Those who
are in favor of that will vote for my amend-
ment; and those opposed to it will vote
against.
Mr. DUVALL demanded the yeas and nays,
and they were ordered,
The question being taken, the result was—
yeas 26; nays 27—as follows :
Yeas—Messrs. Goldsborough, President ;
Bond, Brown, Clarke, Davis, of Washington,
Dellinger, Duvall, Earle, Edelen, Galloway,
Greene Hebb, Hollyday, King, Lee, Mitchell,
Morgan, Murray, Nyman, Parran, Purnell,
Schley Scott, Smith, of Worcester, Sneary,
Wickard—26.
Nays—Messrs. Abbott, Annan, Audoun,
Barron Brooks, Cunningham, Gushing, Dan-
iel Ecker, Hatch, Hopkins, Hopper, Markey,
Mayhugh, McComas, Parker, Robinette, |
Russell, Sands, Stirling, Stockbridge Swope,
Sykes, Thomas, Todd, Valliant, Wooden—27.
The vote of Mr. ECKER having been misun-
derstood by the clerk, the amendment was de-
clared adopted—yeas 27, nays 26.
Mr. ECKER. The clerk called my name on
the wrong side. I voted in the negative.
Mr. STIRLING. That changes the result,—
The amendment was lost.
The PRESIDENT, it must be reconsidered;
the vote was announced before the correction
was made.
Mr. ECKER. Can I move to reconsider? 1
am recorded as having voted in the majority.
Mr, HEBB. I move lo reconsider.
Mr. KING. The motion to reconsider is not
seconded.
The PRESIDENT. Any gentleman voting ill
the majority could second the motion to re-
consider, of course. If not the president
would exercise his authority to have the
clerk correct the vote,
The motion to reconsider was agreed to.
The question being again taken on the
adoption of the amendment submitted by Mr.
HEBB, the result was —yeas 27, nays 27—a
follows:
Yeas—Messrs. Goldsborough, President ;
Bond, Brown, Clarke, Davis, of Washington,
Dellinger, Duvall, Earle, Edelen, Galloway,
Greene, Hebb, Hollyday, King, Lee, Mitchell,
Morgan, Murray, Nyman, Parran, Purnell,
Robinette, Schley, Scott, Smith, of Worces-
ter, Sneary, Wickard—27.
Nays—Messrs. Abbott, Annan, Audoun,
Barron, Brooks, Cunningham, Gushing, Dan-
iel, Ecker, Farrow, Hatch, Hopkins, Hopper,
Markey, Mayhugh, McComas, Parker, Russel,
Sands, Stirling, Stockbridge, Swope,
Sykes, Thomas, Todd, Valliant, Wooden
—27.
The amendment was therefore not agreed to,
Mr. KING moved to strike out "shall'' in
line one, and insert " may."
Mr. STIRLING. I think that is perfectly
proper. It now imposes upon the legislature
the duty of making changes. Certainly all
that is intended is to confer the power.
The motion was agreed to.
The PRESIDENT. I would like to know
what construction is placed upon the expres-
sion " the limits about to form said county ?"
Mr. SANDS. I put this construction upon
it. Suppose five districts of Howard county ?
and three districts of Baltimore county,
should be formed into a new county, then the
five districts of Howard county and the three
districts of Baltimore county would be the
limits which would decide the question.
The PRESIDENT. Then the amendment
moved by the gentleman from Montgomery
should have been adopted to make it clear.
Mr. SANDS. I think it very clear now.
Mr. KING. I do not think we have got
this quite right yet. I do not see any provis-
ion in this section for taking the sense of |
