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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1460   View pdf image (33K)
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1460
make the salary three thousand dollars per
annum.
Mr. STIRLING moved to make the annual
salary twenty-five hundred dollars.
Mr. EDELEN moved to make it two thousand
dollars.
The question was first upon "three thou-
sand dollars,"
Mr. MILLER. I would state before the vote
is taken upon this question, that by a report
made by the comptroller or the treasurer in
the early part of our session, it appears that
there has been expended by the general as-
sembly of the State for special counsel fees,
under the provision in the constitution, al-
lowing the governor to appoint special coun-
sel for particular cases the sum of $24,475,
or nearly $2,000 a year since this present
constitution went into operation. And that
expense has been in consequence of the want
of such an officer as an attorney general. I
think that according to the rate of payment
hitherto made for special counsel lees, taking
into consideration also the present state of
the currency, three thousand dollars a year
is little enough compensation for such an
officer as this.
Mr. BRISCOE. The amount expended for
special counsel since the adoption of the
present constitution, has been much more
than $24,000. I have ascertained that special
counsel have received fees and commissions
to the amount of $12,000 or $15,000. If the
commissions were taken into calculation the
amount paid to special counsel for the last
thirteen or fourteen years, would be found to
be at least 140,000.
Mr. MILLER. That would make it about
$3.000 a year.
Mr. KING. A portion of that, some $3,000
or $4,000 was paid for counsel to go out of
the State.
Mr. MILLER. The attorney general is to
perform that duty under the proposed article.
Mr. JONES, of Somerset. Under the pro-
visions of the constitution as proposed in this
respect, the attorney general will be subject
to be directed by the governor to assist in
the trial of criminal cases of every kind. He
may be ordered to go to Allegany county, or
Washington county, or Somerset county; all
over the State. And his time will be very
nearly exhausted in giving opinions to the
governor, comptroller, treasurer, State's at-
torneys, and other officers, on all subjects,
and I think he will have very little time for
other practice.
Mr. NEGLEY. I am as much in favor of
keeping down salaries as anybody. But you
better strike out this provision altogether
than to put in an inadequate salary. Because
if you put in an insufficient salary, you can-
not get the services of a man whose services
will be worth anything. And rather than
have a second or third rate man in the office,
you better strike out the provision entirely.
Three thousand dollars a year is little enough
for such an officer. They are the younger
members of the bar who are elected State's
attorneys, and they will be continually calling
upon the attorney general for his opinion,
and perhaps require his personal assistance at
the trial. He is to he besides the legal ad-
viser of the governor, comptroller, treasurer,
and even of the legislature; he will have his
hands full. ' Three thousand dollars a year is
not too large. Let us have salary enough to
secure a good officer, or let us have none at
all.
Mr. 'BOND. 'In my judgment, a salary of
three thousand dollars a year is little enough
for a good lawyer. The attorney general,.
by this report, is forbidden to receive any
other fee or compensation whatever, except
his salary. As has been well remarked by
the gentleman from Washington county (Mr.
Negley, ) you better strike out this provision
entirely, than not get a good man in this
office; and you cannot get a good one, un-
less you give him a good compensation.
Mr. MAYHUGH. I very much regret to see
the disposition on the part of members of this
.convention to make new offices, and to in-
crease the salaries of old ones. This is not
increasing salaries, it is true; but is creating
a new office. For the last fourteen years,
the expenses fur special counsel fees has been
about $1.800 a year.
A MEMBER. It has been a great deal more
•than that.
Mr MAYHUGH. If gentlemen desire to de-
feat this constitution they can accomplish that
purpose by weighing it down with such
things as these. I am opposed to the creation
of new offices, especially when they are unne-
cessary; and I am decidedly opposed to any
increase of salaries. Whenever I have voted
I have voted against them, and I intend to
continue so to vote. I have a constituency
who. will hold me responsible for my action
here. In this time of heavy taxation, espe-
cially when the people of western Maryland
have been plundered and robbed, and almost
deprived of the means of carrying on their ne-
cessary business, when they are taxed by the
county, and by the State, and by the federal
government, it is decidedly out of place to be
creating new offices, and increasing the sala-
ries of old ones. I must oppose all these meas-
ures, and shall do it at all hazards. And 1
shall at least vote to make this salary two
thousand instead of three thousand dollars.
Mr. STIRLING. I think the views of my
friend from Washington (Mr. Mayhugh) are
correct so far as the general principle is con-
cerned. I have myself on several occasions
voted here not to put these salaries too high.
I have no objection to putting the salary of
the attorney general at $2,500, though I think
that is full low. But I suggested that sum,
because I know there is anindisposition to
1 pay large salaries.


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1460   View pdf image (33K)
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