elect a man for the short term, and when he
is just becoming experienced in the office
you turn him out and put in a new man.
For that reason also I think the election
should be for the full term, and not simply
for the unexpired term left vacant.
There is another reason for this. I think
it is highly important that these offices should
not all expire at one time. If we have the
election always take place for the unexpired
term, we shall have all the offices expire at
one time; and at a certain period throughout
the State we shall have our elections of re-
gisters, clerks, State's attorneys, &c., leaving
the State with entirely new and inexperi-
enced officers coming in. I think it is better
that the offices should expire at different pe-
riods. in consequence of deaths and resig-
nations it will so happen; and in one county
the office will expire at one time and in an-
other county it will expire at another time.
We shall not therefore every four or six years
have throughout the State an entire new set
of officers. But every two or four years there
will be some of the counties electing new
officers; and you will have partly old expe-
rienced officers, instead of entirely new and
inexperienced ones. For this reason I hope
the amendment of the gentleman from Kent
will prevail.
Mr. STIRLING, So far as my amendment
is concerned, it is a mere verbal criticism.
The interpretation which it puts upon the
words of the constitution has been the inter-
pretation always put upon it in fact. I say
that the section was doubtfully drawn. It
is perfectly susceptible of the other construc-
tion, It is proper to put it in such a form
that a man shall hold office until his successor
shall be qualified. Then the section goes on
to say that when a main is elected he shall
bold for the residue of the term. The gentle-
man from Kent proposes that it shall say that
when he is elected it shall be for a new term
of four years. That has nothing to do what-
ever with my amendment. There is no in-
consistency with it.
You do not hold any election for members
of the general assembly except every two
years; but you hold elections under the con-
stitution for county officers, the next year.
You should fix the election day upon one or
the other of the two, either to say it shall be
at the next election thereafter or at the next
election of members of the general assembly.
Mr. DANIEL. My colleague will see that
this only fixes the day at which the man shall
be elected, and says nothing about how long
he shall hold. The law is that the judge can
only appoint until the next general election,
and then somebody must be elected.
The question was stated on the amendment
of Mr. CHAMBERS, to strike out the latter clause
of the section.
Mr. SMITH, of Carroll. Then we shall have
to go back and strike out the provision with |
regard to other officers. In every single in-
stance heretofore the provision has been re-
tained to fill the vacancy for the residue of
the term made vacant.
Mr. CLARKE. With reference to the clerk,
the provision in the present constitution was
construed in this way. The clerk elected to
fill the vacancy in the office, held for six
years.
Mr. SMITH, of Carroll. I am speaking of
the constitution we are framing now, and
not of the constitution under which we are
living.
Mr. CLARKE. I understood that the judi-
ciary decided that he should hold for six
years'.
Mi. CHAMBERS. That was our understand-
ing in the committee room.
Mr. CLARKE. And that report embraces
the most numerous class of officers in the
State.
Mr. THOMAS. I will state that the court of
appeals put the construction upon this, as
stated by the gentleman from Prince George's
(Mr. Clarke.) The phraseology with refer-
ence to judges in the old constitution, is pe-
culiar: «
"Section 25. In case of the death, resig-
nation, removal, or other disqualification of
ajudge of any of the courts of law, the gov-
ernor, by and with the advice and consent "of
the senate, shall thereupon appoint a person
duly qualified to fill said office until the next
general election "or delegates thereafter; at
which time an election shall be held, as herein-
before prescribed, for a judge, who shall hold
the said office for ten years, according to the
provisions of this constitution."
But when it comes to the State's attorney,
instead of specifying the term for which the
party is elected to fill the vacancy, it says :
"at which election, said vacancy shall be
filled by the voters of the county or city, for
the residue of the term thus made vacant ;"
clearly showing a distinction made in the
present constitution between the two tenures
of office as to the judge and clerk, and the
State's attorney; the one to be filled by the
qualified voters of the county or city for the
full term of his predecessor, and the other for
the residue of the term thus made vacant.
Mr. DANIEL. I cannot see why the same
provision should not apply to the State's attor-
ney that applies to the judges and others, as
a matter of principle. I do not see the use
of having two elections of State's attorney,
when there is only a year or a year and a
half remaining to be filled. The judge ap-
points first, and when the next election of
members of the general assembly arrives, you
elect for the vacancy, and the year after
must elect again. Let the judge appoint un-
til the next election, if you please; or I would
be perfectly willing to let him appoint until
the term expired; but at any rate when you
do elect, elect for four years, as you elect the |
