judge for ten years. It is of no use to have
two elections following, one this year, and
another it may be the next.
There is another reason for it. You may
elect a man for a year or a year and a half
and break up his business in other respects
This does not apply so strongly to the State's
attorney as to some other officers; but if you
elect a man for a portion of the time his business
will suffer greatly, and then in a short
time you elect somebody else. I think there-
fore that when he is elected it should be for
the full term of four years. The people are
just as competent to elect, at one time for a
term of four years, as at another time for a
term of four years. I see no use in electing
a man to an office, and just as he beconies
acquainted with it turning him out and put-
ting another one in. I think that on principle
it ought to be just as it is in the case of
the judges.
The amendment submitted by Mr. STIRLING
was agreed to.
The question was stated upon the amendment
submitted by Mr. CHAMBERS, to strike
out the latter cause of the Section.
Mr. STOCKBRIDGE. What will then be the
construction ?
Mr. THOMAS. That the State's attorney
elected to till the vacancy, will serve fur the
full term of fours years. as I understand it.
Mr. STOCKBRIDGE. If that is the operation
of it I am ready to vote for it. That makes it
accord with what has been recommended by
the committee on the judiciary department
although not acted upon by the convention
as yet. it is precisely the provision reported
by the committee on the judiciary department
with reference lo registers of wills, almost in
the very terms. But to make it clear, I will
propose an amendment.
Mr. SMITH, of Carroll. I desire as far as
possible to preserve a uniformity of tenure of
office with that prescribed ley the report on ap-
pointment, tenure of office, &c , and that was
the reason for making the election tor the
residue of the term made vacant. But I do
not care whether he is elected for four years
or two years.
Mr. STOCKBRIDGE. In all the cases so far
as I have observed, in the report referred to
by the gentleman from Carroll (Mr. Smith,)
the persons were appointed, and not elected
for the residue of the term.
Mr. STIRLING. It seems to me that the
convention ought to adopt one of two courses.
Either the appointing power, when it fills a
vacancy, should fill it to I lie end of the term; or
if the convention is not disposed to authorize
that, but is disposed to require an election by
the people, when the people elect they should
elect for a full term. If you require the peo-
ple lo elect only for the balance of the term,
this state of things can arise under our present
constitution, If a man resigns the office of
State's attorney in October, the judge appoints |
until the first Wednesday in November, and
at the first Wednesday in November the peo-
ple may actually have to elect two States
attorneys, one for four years and the other for
two months. That is the law as it is under
the present constitution. When a vacancy
occurs towards the end of a term, the people
have to elect two men, one to fill the vacan-
cy, and one for the full term. It is an ab-
surdity. I agree with the gentleman from
Carroll that the convention should make up
its mind to adopt one thing or the other.
Mr. STOCKBRIDGE moved to strike out after
"occur" in line fire, lo the word "for" in
line seven, so as to read :
"Section 5. In case of a vacancy in the office
of State's attorney, or of Ins removal from
the county or city in which lie shall have been
elected, or on his conviction as herein speci-
fied, the said vacancy shall be filled by the
judge of the county or city respectively, hav-
ing criminal jurisdiction in which ."aid vacancy
shall occur, for the residue of the term thus
made vacant."
Mr. THOMAS. That does away with the
amendment of the gentleman from Baltimore
city (Mr. Stirling,) already adopted.
Mr. STIRLING. Yes, sir; and I think it is
a very sensible amendment.
Mr. THOMAS. The only objection I halve
to that amendment is this; that in the case of
a vacancy in the office of State's attorney,
the judge and the State's attorney being so
intimately connected, as they are in the transaction
of business, it gives the judge the pow-
er to appoint a person as State's attorney
who might perhaps be too much under [he
power of the judge. I think the amendment
just adopted a bolter one, to let the judge ap-
point to fill the vacancy until the next general
election, and then to let the people elect for
four yeas.
The question was stated on Mr. CHAMBER'S
amendment,
Mr. CHAMBERS. My object was lo avoid too
frequent elections. I did not care about the
form of it, and I will withdraw it.
The amendment submitted by Mr. STOCK-
BRIDGE was agreed to.
No further amendment was offered.
ATTORNEY GENERAL.
The next sec' ion was read as follows :
"Section 6. It shall be the duty of the clerk
of the court of appeals, and the commissioner
of the land office respectively, whenever a
case shall be brought into said court or of-
fice, in which the State is a party, or has an
interest, immediately to notify the attorney
general thereof."
III'. STOCKBRIDGE. This section relates to the
office attorney general, and not at .'ill to
State's attorneys, and seems to be misplaced.
1 move to strike it out here, and to insert ii af-
ter section five, under the bead of " attorney
general." |
