dividual. I think that by enlarging the
sphere of selection you cure some of the ac-
knowledged evils of the elective system.
There is certainly a manifest propriety in it
upon principle, because they do represent the
whole justice of the whole State.
With regard to the State convention, we
know that practically judges will be nomin-
ated. It is all nonsense to shut our eyes to
it. It necessitates the nomination of judges
of political views. I do not care whether
they are politicians or not. They will be
nominated as they always have been nomin-
ated, more or less directly. When the State
convention meets, the gentlemen coming to
that convention from the different districts
will know whom they want, and they will
try to get their best man, and a much better
man will be nominated than could be selected
by the governor, or by a county or district
convention, and there would be less chance
for undue influence to be exerted.
Mr. MILLER. One word in reply to the
gentleman from Baltimore city (Mr. Stirling.)
This system of electing judges is all wrong,
and I am happy to have voted against it.
But if it is the opinion of the convention, as it
has been expressed, that judges shall be
elected, I think it is manifestly proper that
the election of the judges of the court
of appeals should come from the district as
they have heretofore done. The gentleman
has put the case of New York where it may
have worked well, but taken as a general
thing it works badly. In the upper district
of this State the two parties nominate a judge.
Each party makes its nomination and has a
candidate for judge of the court of appeals.
There may be no comparison between the
two men selected as to fitness to fill this po-
sition; and yet if the man least qualified for
the position is the nominee of the party
which happens to be the strongest in Balti-
more city and other parts of the State, his
election will be secured. Whereas by letting
the majority of the district select their best
man, we should get the best man' for the
bench of the court of appeals, it may be
BO in all the other districts of the State,
1 do not want the controlling political ma-
jority in the State to ride down at any time,
or to vote down a good judge, or a good can-
didate that may be nominated from any par-
ticular district in the State.
Mr. SANDS. I think that the concluding re-
marks of my friend from Baltimore city were
really conclusive upon this point. I have
been a member of some State conventions,
and I have never known them to undertake
to dictate to the people of any district whom
they should have. On the contrary the prac-
tice has been to say, "Yon must have a man
from your district; whom do you want?"
They generally have their committees, and the«
different delegations consult among themselves.
They say, " Mr. A. is our best man."." |
" Well, we will vote for Mr. A. then." They
do this mutually, one district for another, each
selecting the best man in the district as their'
candidate. I have never seen this rule con-
travened. Suppose the delegation from the
first judicial district say, "We want Mr. A."
Those from other districts never say, "No,
you shall not have Mr. A, whom you do
want, but Mr. C., whom you do not want."
Practically, as you district the State, requir-
ing one member from each district, the whole
matter of the choice rests upon the people of
the district,
This is a court in which every citizen of
the State is equally interested, from one end
of the State to the other. It is a court that
sits in final judgment upon cases, and every
man who has occasion to go into court has an
interest in the question, who shall sit in the
courts. Therefore the plan of election by
general ticket has my concurrence. I repeat
that from my experience in nominating con-
ventions the nomination is invariably left to
the people of the district from which the man
is to be taken;
Mr. DENNIS. If we are to have an elective
system at all, it seems to me certainly desir-
able that each district, in every part of the
State should be represented. It may very
well happen that if you elect by general
ticket the man in Allegany and the man in
Baltimore city may select a man from St.
Mary's or a man from Somerset whom the
people of that district may he opposed to. It
is desirable to have every part of the State
represented. It is not the mere location of a
man which is necessary to make him the
exponent and the representative of &
district. If you take from Somerset a
man with the views and wishes and
sentiments of the people of Allegany,
and make him a candidate, no man can pay-
he is arepresentative of the Somerset district.
Where is the propriety, and where is
the necessity of dividing the State into dis-
tricts—the convention has already deter-
mined to divide the State into districts, tak-
ing a judge for the court of appeals from
each district in the State—and where is the
propriety of this if you are to elect by gen-
eral ticket ?
Mr. STOCKBRIDGE. That has not been acted
upon.
Mr. DENNIS, True; that is a part of the
report not acted upon; but everybody seeing
to think it proper to divide the State into
these districts; and yet it is proposed that
the election shall be' by general ticket. It
seems to me that you might as well take them
all from Allegany and Baltimore city at once,
as to have them elected by general ticket.
Mr. SCHLEY. In reply to the remark of the
gentleman from Somerset (Mr. Dennis,) that
you might as well take the judges directly
from Baltimore city, I say, not at all. We
know that practically, as has been stated, each |
