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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 128   View pdf image (33K)
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128
Mr. SMITH, of Carroll. I do not. know
anything about the merits of this particular
case. But I know it has grown to be the
common practice in the Legislature of this
State for all the old employees to return here
at the opening of the succeeding session and
to remain until the House is properly organ-
ized, and it has been the invariable prac-
tice to pay them per diem for the days on
which they have been employed, and to pay
them their mileage also. So that these gen-
tlemen came back here when this Convention
met under a precedent for a great number of
years, with the positive expectation that they
would receive their per diem and mileage.
It is no objection that this young man made
an unsuccessful application to be retained
here. The same application, but more suc-
cessful, was made by some of those now em-
ployed here. It seems to me unjust to deny
this to this young man, when a similar order
has been made for another This practice, to
my certain knowledge, has been established
in the Legislature since 1856, and this young
man bad a right to expect that. he would be
paid. It took him two or three days to come
here, and as many to return, and all his ex-
penses will hardly be repaid by the sum this
order appropriates.
Mr. NEGLEY, There is a little difference
between this case and the one from Wash-
ington county. The page from Washington
county did actually render services in the
Convention as a page. In connection with
one who is now a page, he rendered all the
services of page which were rendered until
the permanent pages were appointed. If the
gentleman from the eastern Shore of Mary-
land, who is the subject of this order, came
here and actually rendered services to the
Convention in the capacity of page, it is cer-
tainly no more than right and just that he
should be paid. The Convention should not
ask or receive the services of anybody with-
out rendering a proper consideration for
them. The question of mileage is to bede-
termined by the proper authority, but it is a
small matter any way. As the gentleman
from Carroll (Mr. Smith has said, it has
been a precedent for years past in the Legis-
lature, and I have no doubt the man came
here honestly satisfied in his own mind that it
was his duty to come; and if so, I do not think
we should make an exception to the rule, al-
though the Convention does not stand in the
same category with the Legislature, and
strictly this custom might not apply to it.
Still it is not a very great matter, and I do
not think an exception should be made now.
Mr, SMITH, of Carroll. He came here on
Wednesday, when the Convention met, and
left when the Convention adjourned on
Thursday; so that be was only two or three
days here.
Mr. STOCKBRIDGE. How much will his
mileage amount to?
Mr. SMITH, of Carroll. The same as is
given to persons who come from that county.
Mr. KING. Does the person appointed per-
manently to that place receive mileage also?
Mr. STOCKBRIDGE. Certainly. It would
make no difference to my mind whether this
was a precedent for a century or for a year.
But my understanding of the precedent is
different from that of my friend from Carroll
(Mr. Smith.) It has been customary for the
clerk of the previous Legislature to come at
the opening of the session of a new Legislature,
and it has been sometimes the custom
for the Sergeant-at-Arms to come,' that 1
think, is the extent to which the custom has
gone.
My attention was not directed to the case
of the page from Washington county at the
time, or I might have made the same objec-
tion to it. I was aware of it when I made
my motion this morning, but I presumed the
payment bad been made and it was too late
to interfere. But there is a great difference
in the two cases. The one now under con-
sideration really rendered no service, and wag
here but two days. The other, at the request
of the President of the Convention, and in the
absence of the regularly appointed pages, re-
mained here some two weeks and discharged
the duties of page. Now I am in favor of
compensating fully any one who has rendered
any services to members here;. But when a
person comes here merely upon an election-
eering tour, does nothing but electioneer,
and really renders no service to us, it seems
to me it would be wrong to compensate him
for his trip from the Eastern Shore, amount-
ing to quite a sum.
Mr. TODD. I think the gentleman from
Baltimore (Mr. Stockbridge) is mistaken
when he says this person rendered no services
to the Convention. He was here, occupied
the position of page, and, according to my
recollection, did render services to members
of this body for two days. He came here,
as he stated to my colleague (Mr. Noble),
under the impression that it was his duty to
come. I have no doubt he desired, if possi-
ble, to obtain the appointment as page. But
others did the same; I have no doubt the
one from Washington county, who was re-
munerated for his services as a page, came
here to secure the appointment, if possible.
That, however, does not, in. my opinion, mil-
itate against tins claim at all.
Mr. MAYHUGH. If this order is adhered to,
1 shall be under the necessity of offering an
order in favor of another person, who was at
the expense of coming here, because he was
under the impression that it was big duty to
come here and act as door-keeper until one
should be appointed.
Mr. ECKER. My impression is that the Le-
gislature passed an order that these officers
should come here and perform their duties
until permanent officers were appointed.


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 128   View pdf image (33K)
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