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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1462   View pdf image (33K)
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1462
if not quite without exception, since the pres
ent constitution has been in operation, to
employ additional counsel. I do not know to
what extent; I have not looked over the list
of counsel employed, very carefully; but I
know there is at least one mistake in it. I
am aware of the employment of at least one
attorney who has received fees from the State
who is not included there.
The PRESIDENT. Some of them have been
employed under acts of the general assembly
Mr. STOCKBRIDGE. If we compare the sal-
ary proposed here with that paid to any
great corporation, municipal or otherwise
for similar services, we will find that the
largest sum which has been named here is a
moderate one. The Baltimore and Ohio rail-
road company pays very considerably more
than that every year for its counsel fees.
Mr. ABBOTT. Allow me to correct the gen-
tleman. Mr. Latrobe manages the business
of that company for a thousand dollars a
year,
Mr. STOCKBRIDGE. He transacts a part of
it; he is only one of three or four employed.
Mr. ABBOTT. He transacts the attorney
general part of it.
Mr. STOCKBRIDGE. Not at all. I happen
to know that there are several counsel who
do business for that company who receive
that sum. The amount Mr. Latrobe receives
is the same he began with years ago; and as
far as I am aware it has never been raised.
But they have a great many special counsel.
It is notorious here; I know any number of
counsel employed by them.
Mr. CHAMBERS. The late Mr. Scott did
more business for that company than did Mr
Latrobe.
Mr. STOCKBRIDGE. The corporation attor-
ney of the city of New York receives, I be-
lieve, five thousand dollars a year. And
certainly the business of the State of Mary-
land is of quite as much importance as the
business of that corporation. The cost to
the city of Baltimore for legal services, year
by year, is more than the largest sum named
here. And whether we look to the services
required to be performed, or the importance
and the delicate nature of them, or the great
interests involved in comparison with the
duties of other attorneys, we shall find that
the largest sum named here is moderate.
Mr. EDELEN. I wish to make but one re-
mark. I dissent altogether from the views
taken by the two gentlemen from Baltimore
city (Messrs. Stirling and Stockbridge,) in
Instituting any comparison between what
has been paid to special counsel in times past,
through the medium of the legislature and
other authorities, and the salary now pro-
posed to be given to the attorney general.
We all know that sometimes for very slight
services very liberal fees are paid by the gen-
eral assembly of Maryland.
The view upon which I act in regard to
this matter is this; we have already deter-
mined that the judges of our court of appeals
shall not receive more than three thousand
dollars per annum. When they go upon the
bench they are debarred from all practice.
They have to devote their time, their abilities,
their labor, to that one thing. They are em-
ployed constantly nearly ten months in every
year. When not actually engaged in court
they are required to devote their time to pre-
paring opinions. And after a careful exam-
ination of the duties of the attorney general,
as enumerated in section three of this report,
I have come to the conclusion that he will
have ample and abundant time for the pros-
ecution and transaction of a large private
practice.
1 wish to correct the impression which wag
made upon my mind—1 do not know how it
was with others here—by the remark of the
gentleman from Anne Arundel (Mr. Miller,)
in relation to the attorney-general being cat
off from any other fees and perquisites.
The section reads—
"But he shall not be entitled to receive
any fees. perquisites, or rewards whatever,
in addition to the salary aforesaid, for the
performance of any official duty," &c.
That only means that he shall not charge
any fees to the State, but does not debar him
from private practice. That I submit is the
true construction.
And I differ altogether from the construc-
tion of this section as given by my friend
from Somerset (Mr. Jones.) It does not re-
quire the attorney general to go to the several
counties of the State and take part in the
prosecution of any criminal upon any indict-
ment at the suit of the State of Maryland.
Without wishing further to transgress upon
the time of the convention, I will say that 1
think all of us recognize the truth of the re-
marks of the gentleman from Washington
(Mr. Mayhugh,) that we ought to reduce the
expenses of this State as much as possible,
in consideration of the fact that the people of
this State have now, and will have for many
years to come, to bear heavy taxation. 1
think, under all the circumstances that two
thousand dollars a year is an ample salary,
one abundantly sufficient for the attorney gen-
eral.
Mr. CHAMBERs. I desire to say a word or
two in regard to this matter, and the illustra-
tion offered by the gentleman from Baltimore
city .(Mr. Stockbridge.) I happen to know
something about the conducting of the busi-
ness of the Baltimore and Ohio railroad com-
pany, The late distinguished and intelli-
gent gentleman, Mr. Scott, who reaided for a
long time in Harford, was perhaps the most
active lawyer in trying the causes of the Bal-
timore and Ohio railroad company: if yon
go by per centage, he tried ten to one of any
other counsel. He had half a dozen asso-
ciates. The late Hon. Mr. Pearce was one;


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1462   View pdf image (33K)
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