I hate a great deal worse; and that is being
bored almost to death by candidates for such
offices. Therefore, with all due respect for the
opinions of my legal friends in this case, I
must vote " no "
The question then recurred upon the motion
of Mr. STIRLING to fix the salary at twenty-
five hundred dollars.
Upon this question Mr. WICKARD called for
the yeas and nays, which were ordered.
The question being then taken, by yeas and
nays, it resulted—yeas 42, nays 20—as follows :
Teas—.Messrs. Goldsborough, President ;
Annan, Bond, Briscoe Chambers, Cunning-
ham, Daniel, Dent, Earle, Ecker, Galloway,
Hatch, Hebb, Hopkins, Hopper, Horsey, Jones,
of Somerset, Kennard, King, Lansdale, Larsh,
Markey, McComas, Miller, Mullikin, Murray,
Negley, Nyman, Parker, Parran, Ridgely,
Russell, Schley, Smith, of Carroll, Smith, of
Worcester, . Sneary, Stirling, Stockbridge,
Swope, Sykes, Todd, Wooden—42.
Nays—Messrs. Abbott, Audoun, Billings-
ley, Blackiston, Brooks, Brown, Carter, Craw-
ford, Davis, of Charles, Edelen. Gale, Keefer,
Lee, Mayhugh, Mitchell, Purnell, Robinette,
Schlosser, Smith, of Dorchester, Wickard -20.
The motion of Mr. STIRLING was according-
ly agreed to.
Mr. MILLER moved to strike out the words
"or any State's attorney," in the clause enu-
merating the parties authorized to call upon
the attorney general for a written opinion on
any subject depending before them
Mr. SMITH, of Carroll. I hope that amend-
ment will not be adopted.
Mr. MILLER. I was going to say one word
in explanation of my motion. By this pro-
vision, as it now stands, it is made the consti-
tutional obligation of the attorney general to
''give his opinion in writing whenever re-
quired by the general assembly, or either
branch thereof, the governor, the comptroller,
the treasurer, or any State's attorney, on any
matter or subject depending before them "—
It further provides that " when required by
the governor or the general assembly, he shall
aid any State's attorney in prosecuting any suit
or action brought by the State in any court
of this State." Now there are twenty-one
State's attorneys in the State, and, under this
provision as it stands, they are at liberty to re-
quire anopinion in writing from the attor-
ney genera] upon any subject matter before
them, and the attorney general is subject to
be required to go and help them try their
cases,
Mr SMITH, of Carroll. It means all official
matters before them, not any private matter.
Mr. MILLER, Of course it refers to State mat-
ters. Suppose my learned friend, the chairman
of this committee, (Mr. Smith, of Car-
roll,) is elected attorney general by the people
of this State, as I hope he may be. He would
sit down in his office, or wherever he might
be, and I venture to say there would not be a |
day pass through the whole year in which he
would not be required to give his opinion in
writing to some State's attorney. I think it
is enough for the attorney general to do to
give his opinion in writing to the general as-
sembly, the governor, the comptroller and the
treasurer, when required, and also be sent to
assist any State's attorney whenever the gov-
ernor sees that the business of the State is not
well conducted.
Now, according to this section as it now
stands, it is not discretionary with the attor-
ney general, but it is made a constitutional
obligation upon him to answer all the letters
of these twenty-one State's attorneys in the
State upon official business pending before
them. Now that is imposing upon him an
amount of duty that I would nut be willing
that the gentleman from Carroll (Mr. Smith,)
if in that position, should be made to perform.
Mr. KINO, It appears to me that this is a
very wrong time to bring this matter up) as
we have fixed his salary. One of the argu-
ments in favor of a high salary was that the
attorney general had to aid the State's attor-
neys throughout the State. That was one
reason why I voted for twenty-five hundred
dollars.
' Mr. BILLINGSLEY moved that the convention
adjourn.
The question being taken, upon a division—
ayes 25, noes 28—the motion to adjourn was
not agreed to.
The question recurred upon the motion of
Mr. MILLER to amend section three of the re-
port by striking out the words ' ' or any State's
attorney,"
Mr. SMITH, of Carroll. I hope this amend-
ment will not be adopted. This provision was
inserted here for the express purpose of making
it obligatory upon the attorney general to give
his "pinion to the State's attorneys, who in
all conscience need it greatly in some of the
counties. Still I do not think it would be
fair to impute so great ignorance to them as
lo suppose it would he necessary for the attor-
ney general to lie giving them opinions all the
lime. I know there are many intelligent gen-
tlemen who occupy that position. But there
are some who are not so learned in the law,
tor the simple reason that the fees of the office
are totally inadequate to secure the services of
good men. We have made provision for them
to receive a certain salary, which will compen-
sate gentlemen of ability, and enable the peo-
ple to obtain their services.
I think we will be destroying the efficiency of
this section, if we strike out these words. The
State's attorneys throughout the counties have
the right to require the opinions and the ser-
vices of the attorney general upon all matters
in which tine State is interested, and unless
there is a provision making it obligation upon
him, some gentleman occupying that position
may not think ii necessary to respond to all
the appeals made to him by those who really |
