Mr. CHAMBERS. Let them all be printed.
Mr. BELT. It is a matter of special impor-
tance, and these amendments all go to the
very root of the system; and I should prefer
that they should be printed in bill form.
Mr. JONES, of Somerset. Betore the vote is
taken, in response to the desire of the gen-
tleman from Howard (Mr. Sands, ) that
those who have reflected upon this question
of the judiciary should give their views to the
convention, there is one point upon which I
desire to throw out a view suggested this
morning, in order that gentlemen may give it
such weight as they deem it worth; and it
will operate against the amendment of the
gentleman from Allegany. He says that un-
der this system it will be impossible that the
judge of the circuit should be the judge of the
orphans' court.
The PRESIDENT. The motion to postpone
is now pending. If debate is allowed upon
the question itself, it may be interminable,
one gentleman speaking and then another.
Mr. JONES, of Somerset. I hope the gentleman
will withdraw the motion.
Mr. SMITH withdrew the motion.
The question recurred upon Mr. HEBB'S
amendment.
Mr. JOKES, of Somerset. I merely wish to
address my remarks to one single point.
think the re cannot bemuch difference of opin-
ion, with those who are well acquainted with
the matter, that our past and present orphans'
court system is very defective. When you
come to consider that about once in a gener-
ation the entire personal property of the State
passes through/ the administration of that
court, and when you consider the innumera-
ble questions which arise there about the distribution
of that property, where infants are
concerned most frequently', I think it will be
seen that a different system ought to be a
dopted, and that there ought to be at least
one, the chief judge, a lawyer, well ac-
quainted and informed, and learned in his
profession, as well as of the strictest integrity
and business habits, to supervise the administration
of this personal estate.
The PRESIDENT. That is not the question before
the convention.
Mr. JONES, of Somerset. I suggest, it in
this view. It is an argument against the
amendment of the gentleman from Allegany,
because it does not provide for a judge for the
orphan's' court with legal qualifications.
The PRESIDENT.. The gentleman bag not
made: any proposition of that kind; only that
one Judge shall be established in each circuit.
Mr. STIRLING. It seems to me that this
question is inevitably concerned in it. Gentleman
may vote against the proposition of
the gentleman from Allegany on the ground
that it renders the presiding of the circuit
judge over the orphans'' court impossible.—
Any proposition which provides one judge
for a circuit, of course prevents any such |
change in the orphans' court as is proposed
by the committee.
The PRESIDENT. He might propose for the
equity judge to bit.
Mr. STIRLING. He could not do that. It
is impossible.
The PRESIDENT. If the gentleman from
Allegany, in proposing one judge for each
circuit, also proposes an equity judge lo take
charge of equity business, he might preside
over the orphans' court.
Mr. STIRLING. He does not do that.
The PRESIDENT. The chair does not know
what the plan of the gentleman from Allega-
ny contemplates.
Mr. HEBB. It only contemplates these three
amendments, to the 19th, 20th, and 21st sec-
tions.
Mr. JONES, of Somerset. I will not occupy
the time of the convention; lam willing that
the subject should go over on the motion of
the gentleman from Carroll (Mr. SMITH.)
The PRESIDENT. The gentleman has with-
drawn that proposition. The question is upon
the amendment of the gentleman from Alle-
gany (Mr. Hebb.)
Mr. JONES, of Somerset. I will say that
the chairman of the committee, and many of
its members, have been indefatigable in their
endeavors to digest a system, and they have
reported a system. If the convention upset
it in detail, as has been commenced, we shall
be very much at sea. I think it is well wor-
thy of consideration whether it would not be
better to recommit with all the amendments
for the committee to reconstruct their report.
if the convention go on and amend by de-
tail, they render the whole system incon-
gruous.
Mr. STIRLING. It strikes me that there are
some things this convention must settle before
we can emerge at all from the confusion in
which we are placed. If these filings are set-
tled, the confusion can very easily be reme-
died. We have decided that the judiciary
shall be elected. That guides us in some re-
spects in casting our votes for the details of
the system. There is another proposition
which must be settled belore any of us can
vote understandingly; and that is the tenure.
There is no use in recommitting the report
for the committee to consider and put into
shape, if the committee does not know the
sense of the convention upon the tenure.—
The committee has reported an appointive
system. The convention have substituted an
elective system. If the committee report it
back with the tenure unchanged, and we do
not accept the tenure, we are at sea again.—
Men may be willing to vote for asystem with
a certain tenure and not be willing to. Vote
for it with a different tenure.
Another thing to be settled is the orphans'
court. All these systems depend more or less
upon the construction of the orphans' court.
1 suppose nobody will vote fur a system of |
