remark not been made. But the remarks
that have been made by every gentleman who
has advocated the postponement, show that
that it is the very same ground which was
discussed over and over, and overagain this
morning, which was the propriety of electing
by districts, and not by general ticket.
That seems to be the main proposition em-
braced here; and I think we are just as well
prepared to settle it to-night as at any other
time.
The question being taken upon the motion
to postpone the 12th section informally, it
was agreed to—ayes 40, noes not counted.
Mr. BERRY Prince George's, gave notice
that when the section was again considered,
he would submit the following amendment:
Strike out the words in the amendment
"for the period of fifteen years," and insert
"for life, or until they shall arrive at the age
of sixty years."
The next section was read as follows :
" Sec. 13. The court of appeals shall hold
its sessions in the city of Annapolis, on the
first Monday in April, and the first Monday
in October, in each and every year, or at such
other times as the general assembly may by
law direct, and it shall be competent for the
judges of said court, sufficient cause appear-
ing to them, temporarily to transfer their sit-
tings elsewhere."
No amendment was offered.
JURISDICTION OF COURT OF APPEALS.
The next section was read as follows :
"See. 14, The jurisdiction of the court of
appeals shall be coextensive with the limits of
the State, and such as now is or may hereaf-
ter be prescribed for it by law, and its sessions
shall continue for not less than ten months in
the year, if the business before it shall so re-
quire."
Mr. MILLER. I wish to ask the chairman of
the committee what is meant by the provision
"such as now is or may hereafter be prescribed
for it by law ?" The court of appeals under
the present constitution has appellate jurisdic-
tion only; and it is impossible for the legis-
lature to cooler upon it anything except ap-
pellant jurisdiction. But if this constitution
is adopted it does away with the old constitution
entirely, under which the court of appeals
now has its entire jurisdiction. What juris-
diction then would be referred to by the
words "such asnow is or may hereafter be
prescribed for it by law?"
Mr. STOCKBRIDGE. As the gentleman is well
aware, we have several acts of assembly in our
Code, referring to the jurisdiction of the court
of appeals. It was designed to sum the whole
up in one expression, to avoid a very long
definition It is true it is entirely appellant;
but at the same time the jurisdiction has some
limitations or definitions; as on the 23d, 25th,
27th, and various other pages of the first
volume of the code. |
Mr. MILLER. These are provisions regulating
the mode of appeals simply.
Mr. STOCKBRIDGE. Saying who may appeal,
and in what cases the court shall have jurisdiction.
Mr. MILLER. But by virtue of the provis-
ions of the present code, it is appellate juris-
diction only. The provision is: "The court
of appeals shall have appellate jurisdiction
only, which shall becoextensive with the lim-
its of the State." But by adopting the pre-
sent constitution we repeal that; and it seems
to me that it would be proper to say in this
constitution that the court of appeals shall
have appellate jurisdiction only, and then it
may be subject to all laws applicable to the
new court of appeals as well as to the old.
Mr. STOCKBRIDGE. It makes very little dif-
ference what the committee or anybody else,
understands by this section. It should be so
plain as to be understood by anybody of or-
dinary capacity; and if it is not so plain, 1
hope the gentleman will make it so by an
amendment. There may be one or two
instances, as in cases of habeas corpus, where
the court of appeals have entertained jurisdic-
tion not appellate.
Mr. MILLER. That was by virtue of their
being judges, and not as a court.
Mr. STOCKBRIDGE. Precisely; and if there
be any jurisdiction of that sort, they will
still have it under this provision; but not
otherwise. Still I should like to hear the gen-
tleman's amendment.
Mr. MILLER submitted the following amend-
ment :
Strike out down to the word "and," in the
third line, and insert " the court of appeals
shall have appellate jurisdiction only, which
shall be coextensive with the limits of the
State."
The amendment was rejected.
No further amendment was offered.
The next section was read as follows :
"Sec. 15. Any three of the judges of the
court of appeals may constitute a quorum,
but no cause shall bedecided without the con-
currence of at least three judges in the decil-
ion, and in every case decided, an opinion in
writing shall be filed within six months after
the argument or submission of the cause, and
the judgment of the court shall befinal and
conclusive."
No amendment was offered.
SALARY OF JUSTICES.
The next section was read as follows:
"Sec. 16. The salary of the justices of the
court of appeals shall be four thousand dollars.
each per annum, payable quarterly."
Mr. MARBURY moved to strike out "four"
and insert "five."
Mr. DAVIS, of Washington, moved to strike
out "four" and insert "three,"
The amendment submitted by Mr. MARBURY
was rejected. |
