the people on the question of changing county
lines, excepting where they form a new
county. I see no provision for taking the
sense of the people, in transferring districts
from one county to another.
Mr, CLARKE. I think the construction
placed upon this article by the gentleman
from Howard (.Mr. Sands) is not the proper
construction. If three districts of Baltimore
county are transferred to Howard county,
that would be simply changing the county
line, and nut forming a new county. And I
do not see how under this section the ques-
tion could be submitted to the people at all,
It is only when two counties are divided and
a third county is formed, that this provision
applies. I do not see that it applies at all
to the case cited by the gentleman from
Howard.
Mr. SANDS. I am very happy to see the
spirit evinced by my friend to assist us in
our difficulty, but if you wish to oblige us,
let it stand.
Mr. KING. But your getting out of diffi-
culty gets me in, I want to get oat of my
difficulty.
The PRESIDENT. The view entertained by
the gentleman is exactly like my own. If
two districts of Caroline wish to attach
themselves to Talbot, then to what district
would the legislature look for the legal vote ?
Would it be to the county of Talbot and the
two districts of Caroline, or to the two dis-
tricts of Caroline alone?
Mr. SANDS. The county of Talbot and the
two districts of Caroline alone.
The PRESIDENT. if it said "within the
limits aboat to form said new county" it
would be clear,
Mr. SANDS. I have no objection to that.
Mr, SCHLEY. I should like to ask the
chairman of the committee for information,
what he means by the prohibition at the end
of the first section—"nor shall any new
county contain less than four hundred square
miles, nor less than ten thousand white in-
habitants, nor shall any county be reduced
below that amount of square miles, nor be-
low that number of white inhabitants."
Does he mean to prohibit emigration, or
what is to become of a county reduced below
that number ?
Mr. HEBB. It means that counties shall
not be divided so as to have less than that
number.
Mr. SCHLEY. It does not say so.
Mr. STOCKBRIDGE. I have drawn two
amendments to obviate the difficulty the gen-
tleman from Baltimore county (Mr. King)
seems to labor under. I will indicate both
at this time, that it may be seen bow it will
affect the section. The first is to insert in
line four, after the word "organized,"
the words "nor the lines between any coun-
ties changed;" and the second to insert after
the word "county," in line five, the words |
"or to be transferred by said change of has
from one county to another." The section
will read, if these amendments are adopted,
thus:
"Sec. 1. The general assembly may pro-
vide for organizing new counties, locating
and removing county seats, and changing
county lines, but no new county shall be or-
ganized, nor the lines between any counties
changed, without the consent of a majority
of the legal voters residing within the limits
about to form said county, or to be trans-
ferred by said change of lines from one
county to another; nor shall any county be
reduced," &c,
1 move the first of these amendments,
Mr. STIRLING. My difficulty is this: Sup-
pose we want to run a county line anew) and
it changes it in some places to the extent of
two feet. Are you going to submit the question
to the people living within those two
feet?
Mr. STOCKBRIDGE. How can people be liv-
ing within two feet?
Mr. STIRLING. There might be one man
living there. Suppose we want to re-arrange
the boundaries of Baltimore city, and want
to take in fifty yards of territory now in
Baltimore county, and embracing a street ;
what is the use of taking the vote of the peo-
ple who live in those fifty yards, whether
they wish to live in Baltimore city or prefer
to stay in Baltimore county? I admit that
there would be some reason for it, if we were
actually to change any considerable amount
of territory. But is there any reason why
the legislature should not have the right to
run. county lines and prescribe boundaries?
If it amounted to enough to be a change of
any great extent of territory, there would be
same reason for taking a vote; but if seems
to me that the legislature may safely be
trusted to regulate this matter.
The amendment was rejected.
Mr. STOCKBRIDGE. Of course I do not offer
the other amendment.
Mr, SCHLEY. I move further to amend by
striking out in line eight, the words "shall
any county." I am sure from the explana-
tion given by my friend, that it does not
mean to prevent emigration.
Mr. HEBB. I think that destroys the whole
effect of it. The report reads: "nor shall
any new county contain less than four hun-
dred square miles, nor less than ten thousand
white inhabitants, nor shall any county be
reduced below that amount of square miles,
nor below that number of white inhabi-
tants."
That is, the county out of which the por-
tion is taken to form the new county. If the
gentleman strikes out the words "shall any
county," it will mean "nor shall any new
county, " and will not refer to the old coun-
ties.
Mr. SCHLEY. That is what I understood |
