Ridgely, Russell, Schley, Scott, Smith, of
Dorchester, Smith, of Worcester, Stirling,
Stockbridge, Sykes, Valliant, Wooden—41.
Nays—Messrs. Annan, Bond, Brown, Da-
vis, of Charles, Davis, of Washington, Edelen,
Keefer, Lee, Markey, Mayhugh, Mitchell,
Miller, Nyman, Parran, Purnell, Robinette,
Sands, Swope, Todd, Wickard—20.
The motion was accordingly agreed to,
fixing the salary of the superintendent of
public schools at twenty-five hundred dollars.
Mr. SCHLEY, when his name was called,
said: The evident tone of the house, as dis-
closed by the vote thus far, on the yeas and
nays, has induced me to reconsider my purpose
of offering a different amendment, and for fear
that if this proposition is not adopted, worse
may come, I vote " aye."
Mr. MILLER. I move as a further amend-
ment to this section to strike out the words
''exclusive of office and travelling expenses,"
and insert "and such' additional sum for
travelling and incidental expenses as the gen-
eral assembly may bylaw allow."
Mr. CUSHING. I have no objection at all
to that.
Mr. PURNELL. I have an amendment some-
what similar to that, though not in exactly
the same language. I move to amend the
part proposed to be stricken out, in this way:
strike out the word "exclusive," and insert
the word " inclusive." It will then read " in-
clusive of office and travelling expenses."
Mr. DANIEL. The effect of that will be to
make the superintendent pay his own office
and travelling expenses out of his salary of
twenty-live hundred dollars.
Mr. CUSHING. I think, that would be very
unfair, after having reduced his salary to
twenty-five hundred dollars, especially as we
require him to travel over all the State. If
a man is appointed who is in the slightest
degree unfit for the place, and it costs much
to travel, he will not travel but will stay at
home. You want a man to travel all over
the State, and now you propose to make him
pay his own travelling expenses. I do not
think that is right,
The question being then taken upon the
motion of Mr. PURNELL, to strike out the
word " exclusive " and insert the word " in-
clusive," it was not agreed to.
The question recurred upon the amend-
ment of Mr. MILLER.
Mr. STOCKBRIDGE. Instead of saying "such
additional sum as the general assembly shall
allow," it would perhaps be better to have it
read "such additional sum as shall be incur-
red, audited and approved by the board of
education." It seems to me it would be bet-
ter to have the matter approved by that
board than have it fixed by the general as-
sembly. I therefore move to amend the
amendment by striking out all after the
word "expenses," and inserting "as shall
be incurred, audited and approved by the |
board of education." It will then read:
Strike out the words " exclusive of office and
travelling expenses," and insert "such addi-
tional sum for travelling and incidental ex-
penses as shall be incurred, audited and ap-
proved by the board of education."
Mr. DANIEL. There is no board of public
education established.
Mr. STOCKBRIDGE. Look at the third sec-
tion of this report.
Mr. DANIEL. Well, I think that until we
agree to that section, I must vote against the
amendment.
The question being taken upon the amend-
ment to the amendment, it was rejected.
The question recurring upon the amend-
ment moved by Mr. MILLER.
Mr, STOCKBRIDGE. That does not prescribe
whether this additional sum for expenses is
to be fixed beforehand or afterwards. It
seems to me there will be a practical difficulty
under it. If the superintendent goes on and
incurs expenses, and the legislature refuses
to allow them, where will he be?
Mr. MILLER. When the claim is made it
goes before the committee on claims, and the
legislature will pass the amount in the general
appropriation hill. And they may then
provide by law fixing a sum which it shall
not exceed.
Mr. STOCKBRIDGE. They may not pass the
claim, and then it will have to lie over two
years.
The question was upon the amendment of
Mr. MILLER, as follows :
Strike out the words "exclusive of office
and travelling expenses,'' and insert "and
such additional sunn fur travelling and inci-
dental expenses as the general assembly may
by law allow."
The question being taken, the amendment
was adopted.
Mr. KING. I desire to make an inquiry of
the chair. This section says: "The gov-
ernor shall, by and with the advice and con-
sent of the senate, appoint within ten days
after the ratification by the people of this
constitution, a State superintendant of public
instruction," &c. Now, will it. he necessary
for the governor to call the senate together
on that occasion ?
The PRESIDENT. The governor appoints
in the recess; and when the senate assembles
they confirm or reject that appointment.
Mr. STIRLING. I think the governor took
the same view which the gentleman from
Baltimore county (Mr. King) suggests, in re-
gard to an office created by an act of the last
general assembly. He took the ground that
there was no vacancy to fill, because there
had been .no antecedent in office.
Mr. SANDS I think we better provide for
the difficulty. For it was no longer ago
than yesterday morning that I heard the
governor speak of the matter, and I am sure
under his construction he would not feel at |
