brigade inspectors, by the field officers of
their respective brigades; major generals,
brigadier generals, and commanding officers
of regiments or separate battalions, shall ap-
point the staff officers of their respective di-
visions, brigades, regiments or separate battalions.
Sec. 5. The governor shall nominate and,
with tire consent of the Senate, appoint ma-
jor generals, an adjutant general, and other
members of his staff, and their commissions
shall expire with the time for which the gov-
ernor shall have been elected.
Sec 6, The general assembly shall, by
law, fix the time and manner of electing
militia officers, and of certifying their elec-
tion to the governor, who shall grant their
commissions and determine their rank, when
not fixed by law.
Sec. 7. in case subalterns, captains or field
officers shall refuse or neglect to make such
elections, the governor shall have power to
appoint such officers, and to fill all vacancies
caused by such refusal or neglect.
Sec. 8. No commissioned officer shall be
removed from office but by the sentence of a
court-martial, or by the senate, on there-
commendation of the governor, stating the
grounds on which such removal is recom-
mended.
Sec. 9. In case the illode of election and
appointment of militia officers hereby directed,
shall not be found conducive to the
improvement of the militia, the general assembly
may abolish the same, and provide by
law tor their appointment and removal.
J. WICKARD.
Mr. SMITH, of Worcester, renewed the mo-
tion that the convention take a recess.
Mr. DANIEL called fur the yeas and nays on
the motion, and they were ordered.
The question being then taken, by yeas and
nays, it resulted—ayes 26, nays 37—as fol-
lows :
Yeas—Messrs. Berry, of Baltimore county,
Billingsley, Blackiston, Chambers, Crawford,
Dail, Davis, of Charles, Davis, of Washing-
ton, Dent, Duvall, Harwood, Landsdale, Lee,
Marbury, Mayhugh, Mitchell, Miller, Morgan,
Murray, Parran, Peter, Purnell, Smith, of
Worcester, Thomas, Thruston, Wickard—26.
Nays— Messrs. Goldsborough, President;
Abbott, Annan, Brown, Carter, Cunningham,
Daniel, Earle, Ecker, Edelen, Galloway,
Hopkins, Hopper, Jones, of Cecil, Jones, of
Somerset, Keefer, Kennard, King, Markey,
, McComas, Mullikin, Negley, Parker, Ridgely,
Robinette, Russell, Sands, Schley, Schlosser,
Smith, of Carroll, Smith, of Dorchester,
Stir ling, Stockbridge, Swope, Sykes, Todd,
Wooden—37.
The motion to take arecess was not agreed
to.
JUDICIARY DEPARTMENT.
The convention then resumed the consid- |
eration of the report of the committee on the
judiciairy department, which was on its second
reading.
The ninth, section as follows, was under
consideration:
"Sec.9. The legislature shall provide for
the trial of causes in case of the disqualifica-
tion of all of the judges of the circuit, but the
parties to any cause may, by consent, ap-
point a proper person to try said cause, and
may try any cause before the court without
the intervention of a jury."
Mr. NEGLEY. I move to strike out the
words "all of the judges," and insert the
words "any judge," so that it shall read
" in case of the disqualification of any judge
of the circuit," &c.
Mr. SANDS. I think that amendment is
entirely out of place as to time. We have
not determined the main features in this re-
port upon which will depend all these de-
tails. I think the convention will save a
great deal of lime by first acting upon the
controlling features of this report and after-
wards it will be easy to provide for the
minutiae. We have decided to have an elec-
tive system. Now let us determine the num-
ber of the judges; then the tenure of the
office, and we can then very soon fill up the
details. If this amendment is adopted we
may have to go back and strike it out,
Mr. STIRLING. I hope this question will
not be pressed, unless the house is going to
investigate this subject. If we go on mak-
ing amendment after amendment without
due consideration we may abolish the half
"of this report right off by incidental motions.
This report provides for three judge's in the
circuit court. If we are going to decide that
we are to have a one-judge system we ought
to have our eyes open. I confess that I am
now in favor of the one-judge system.
On motion of Mr NEGLEY,
The ninth section with the pending amend-
ment was informally passed over.
TAKING Or TESTIMONY.
Mr. DANIEL. I move to insert after the
ninth section, the following as an additional
section:
"Sec. 10. The testimony in equity cases
shall be taken in like manner as in cases at
law."
I think this is the proper place for this
section. I have copied it in exact terms
from the New York system. I have done it
because I believe it will save a great deal of
time in the taking testimony by commission
as is now practiced. Cases are frequently de-
layed day after day under the present system
ill' this State. One party may be placed al-
most in the entire control of another party,
who wishes to delay a case and put it off by
the taking of testimony day alter day before
a commissioner. I call to mind now a cage,
an important case of injunction, where the |
