presiding over the circuit in which the county
is included, the prosecuting officer is the next
man not only in responsibility but in utility
to the community to which he belongs I
throw out these ideals for the consideration of
the convention; and I say again to my friend
from Worcester (Mr. Purnell,) that it is
not so much the services that the State's
attorney is called upon to render as the fact
that his acceptance of that position cuts him
off from other practice, which, if he be a man
of ability, will pay him frequently more in a
single case than you propose to give him for
a year's salary. The consequence is that no
competent person can accept I should like
to have these offices always filled by a com-
petent person, skilful, and not an inexpe-
rienced individual who for $500 and as his
first step in life is willing to take the position.
There is scarcely any individual officer in the
community in whose ability the safety of the
citizens of the community is so much in-
volved,.
Mr. PURNELL. My friend from Howard
(Mr. Sands) doubtless misapprehends me
when he supposes that I wish for one mo-
ment to depreciate the office of State's attor-
ney. That is not my purpose. I only spoke
with reference to my particular county, and
with reference to the extent of the business
which was required of that officer. If the
office is 30 important and so necessary to be
filled by an able man, it seems to roe that a
salary of $800 would be wholly inadequate to
command the services of such a man. The
truth of the matter is, as I observed, that this
office is generally taken by some young prac-
titioner of the bar for the purpose of intro-
ducing himself into practice, acquiring a no-
toriety and celebrity which he could not oth-
erwise acquire in the same length of time. —
Having served one term his aspirations are
generally gratified, and he resumes or goes on
with his practice; for this forms a very unim-
portant part of the practice of his profession,
and be pursues his profession as though be
did not bold the office, except that be can not
take a fee against the State; but in civil practice
he baa the opportunity of taking all that
offers. He only holds this office as giving
him to some little extent an importance in
his profession, being the representative of the
State in that community. I presume you
could not get in the county of Worcester a
man who is engaged actively in his profession
for the sum of $800 a year; for in a single
isolated case $500 might be offered which
would more than cover the amount of salary
he would receive as district attorney. You
cannot get a lawyer in such a position to ac-
cept the office for a salary of $8.00, limiting
him to prosecution for the State.
1 am aware of the necessity of bringing in
all infractors of the law, to justice; and perhaps
the gentleman's estimate is no higher than
mine of an efficient State's. attorney. The |
young men we have had in Worcester as
State's attorneys have been energetic and
talented; and I do not know that any offenders
have escaped unwhipped: I do not know
that any who have violated the law have es-
caped without being punished for it, under
the efficient district attorneys it has been our
good fortune to have.
The question being taken upon filling the
blank with " 800, " the largest sum, the re-
sult was—yeas 30, nays 21—as follows :
Yeas—Messrs, Audoun, Berry, of Prince
George's, Billingsley, Brooks, Carter, Cham-
bers, Clarke, Crawford, Cunningham, Dent,
Earle. Galloway, Harwood, Hodson, Holly-
day, Horsey, Jones, of Somerset, Keefer, King,
Lee, Miller, Russell, Sands, Schley, Schlosser,
Smith, of Carroll, Stirling, Swope, Thomas,
Wickard—30.
Nays—Messrs. Abbott, Brown, Cushing,
Daniel, Ecker, Hebb, Hopkins, Larsh, Mayhugh,
Murray, Nyman, Parker, Parran, Pugh,
Purnell, Robinette, Smith, of Worcester,
Sneary, Stockbridge, Valliant, Wooden—21.
When his name was called,
Mr. SANDS said; I ask to be excused from
voting, being one of the unfortunate class of
State's attorneys.
Not being excused, he voted "aye.'"
The blank was accordingly filled with
"800."
Mr. AUDOUN moved to fill the blank in the
ninth line with 1500.
Mr. STIRLING. I have an amendment to
offer, not with regard to filling the blank,
but the clause as it at present stands is not
exactly correct, and would have the effect of
absolutely increasing the salary of the State's
attorney by .$1500, which I know wans not in
contemplation. After consultation with my
colleague who now holds that office (Mr.
Thomas, ) I have prepared and now offer the
following amendment:
Strike out all after the word "the, " in
the tenth line, and insert the words "said
State's attorney, out of the fees of his office,
as has heretofore been practiced."
It is important to tell where the money is
to come from before filling the blank. No-
body is interested in it but the State's attor-
ney who will have to pay it.
Mr. AUDOUN withdrew his amendment
temporarily,
Mr. MILLER. Under the present constitution
of this State there is a provision that all
officers must account to the treasurer for the
amount of all fees received at any time over
and above the sum of $3,000 per year. The
State's attorney ship of Baltimore city has been
always a paying office; for the amount of fees
there has always exceeded $3,000 a year, and
the surplus has been paid over into the State
treasury. This amendment offered by the
gentleman from Baltimore city (Mr. Stirling, )
takes from the the trreasury from what. has been |
