Mr. GALLOWAY demanded the yeas and nays
on the amendment to reduce the salary to
$3,000; and they were ordered.
The question being taken, the result was—
yeas 36, nays 25—as follows :
Yeas—Messrs. Goldsborough, President ;
Annan, Audoun, Billingsley. Brown, Carter,
Cunningham, Davis, of Washington, Duvall,
Ecker, Edelen, Galloway, Hopper, Horsey,
Keefer, King, Lee, Markey, Mayhugh,
McComas, Mitchell, Mullikin, Murray, Negley,
Nyman, Parran, Purnell, Robinette, Russell,
Sands, Schlosser, Smith, of Worcester, Swope,
Sykes, Todd, Turner—36.
Nays—Messrs. Abbott, Berry, of Prince
George's, Blackiston, Chambers, Clarke,
Crawford, Daniel, Dent, Earle, Harwood,
Hebb, Hodson, Hopkins, Jones, of Somerset,
Kennard, Lansdale. Marbury, Miller, Morgan,
Parker, Pugh, Schley, Smith, of Carroll,
Stirling, Stockbridge—25.
The amendment was accordingly adopted.
No further amendment was offered.
PUBLICATION OF REPORTS.
The next section was read as follows :
"See. 17. Provision shall be made by law
for publishing reports of all causes argued
and determined in the court of appeals."
Mr. MILLER submilted the following amend-
ment :
Add to the end of the section the words
" which the judges shall designate as proper
for publication."
Mr. MILLER said: The language of this sec-
tion departs from that of the old constitution
in requiring the reports of all causes argued
and determined in the court of appeals to be
published. It is well known that the object of
the publication is for the information of mem-
bers of the bar and the profession generally.
If all causes are to be published, the volumes
of reports will accumulate so that in a few
years we shall have a library of our own re-
ports, The publication of reports of all
causes argued, it seems to me, would be very
absurd, because frequently cases come up in
the court of appeals, generally equity cases,
where the judges decide simply upon ques-
tions of fact, deciding no matter of law which
would be of any interest to the profession,
which could not be cited as a precedent in
any other case, unless another case should
arise with facts precisely similar. Under the
amendment I offer, the judges can designate
such cases as are proper for publication. They
ought to be the best judges of that. The
volumes of reports will then contain only the
leading cases, principles of law, and new doc-
trines or new decisions made upon important
points. In reporting every case we should
have two or three volumes where we have
perhaps one now, reporting every case, and
spreading the facts upon the record.
Mr. SANDS. I really think the amend-
ment is one that ought to meet the approba- |
tion of the convention. Of course there !•
something to be regarded in the mere matter
of cost to the State, in the printing and pub-
lishing of these reports. I think the gentle-
man is entirely correct in his view that the
reports should not be cumbered with unne-
cessary matter.
Mr. STIRLING. It seems to me that the sug-
gestion is a very proper one; hut I do not
know how it will affect the State reporter.
1 suppose he would get more money for re-
porting all the cases than for reporting a part ;
and yon might so cut down the duties of his
office that it would not pay a competent man
to take it. But I do not exactly see the ne-
cessity of saying anything about it in the
constitution. There is nothing in the old
constitution about it.
Mr. MILLER. Yes, sir; in the second section.
The amendment was adopted.
No further amendment was offered.
The next section was read as follows:
"Sec. 18. The court of appeals shall ap-
point its own clerk, who shall hold his office
for six years, and may be reappointed at the
end thereof; he shall be subject to removal
by the said court for incompetency, neglect
of duty, misdemeanor in office, or such other
cause or causes as may he prescribed by law."
No amendment was offered,
The next section was read as follows :
PART III.
Circuit Court.
"Sec. 19. The State shall be divided into
eight judicial circuits, in manner following:
The counties of St. Mary's, Charles and
Prince George's shall constitute the first
circuit. The counties of Calvert, Anne
Arundel and Montgomery, the second. The
counties of Allegany, Washington and Fred-
erick, the third. The counties of Baltimore,
Howard and Carroll, the fourth. The coun-
ties of Harford, Cecil and Kent, the fifth.
The counties of Queen Anne's, Talbot and
Caroline, the sixth. The counties of Dor-
chester, Somerset and Worcester, the seventh.
And the city of Baltimore, the eighth."
Mr. HEBB submitted the following amend-
ment :
Sec. 19. Strike out all after the word
'' the," in the first line, and insert :
"State shall he divided into twelve judi-
cial circuits, in manner following: The
counties of St. Mary's, Charles and Prince
George's shall constitute the first circuit; the
counties of Anne Arundel Calvert and
Montgomery, the second; the county of
Frederick, the third; the county of Wash-
ington. the fourth; the county of Allegany,
the fifth; the counties of Carroll and How-
ard, the sixth; the county of Baltimore, the
seventh; the counties of Harford and Cecil,
the eighth; the counties of Kent, Queen
Anne's and Talbot, the ninth; the counties |
