lyday, Hopper, Horsey, Keefer, Kennard
King, Lee, Mayhugh, McComas, Mitchell
Miller, Morgan, Mullikin, Murray, Negley
Nyman, Parker, Parran, Pugh, Purnell
Ridgely, Robinette, Russell, Sands, Schley,
Smith, of Carroll, Smith, of Worcester, Stir-
ling, Swope, Sykes, Thomas, Thruston,
Turner, Wickard, Wooden—58.
JUDICIARY REPORT.
Mr. AUDOUN asked and obtained leave of
the convention to offer the following :
Ordered, That the report of the committee
on the judiciary, with all pending amend-
ments, be recommitted to the committee,
with instructions to prepare and report an
article embodying the present judicial system
of the State, with the following modifications
1st. To provide for the formation of a
fifth judicial district of the State, composed
of Baltimore city, and the election of ajudge
therefrom, so that the court of appeals shall
consist of five judges, with a compensation
of— each.
2d. To provide for the formation of two
additional circuits; the first to be composed
of Baltimore county, and the second of Fred-
erick county, and for the election of circuit
judges therein—and fixing the compensations
of each of the circuit judges of the State
at — per annum.
3d. And empowering the general assembly
to re-arrange and increase the circuits from
time to time, as the public interest may re-
quire, and to provide for the election of such
judges as may become necessary in the event
of the increase of circuits.
4th. That all elections for judges under
this constitution shall be held in the month
of May instead of on the day for the election
of members of the general assembly, except
in the case of the first judges in the new cir-
cuits hereby provided for.
Mr. AUDOUN said: My object in offering
this order is to bring the session to an early
close, an object I believe desired by every
member of this body. And I believe this
order if adopted, will accomplish that result.
Mr. SCHLEY, I hope that order will be
amended as far as Frederick county is con-
cerned. We do not wish to have Frederick
county erected into a separate judicial cir-
cuit; we prefer the circuit as it is now established.
We have no objection at all—indeed
we can see that there is a manifest propriety
in Baltimore county being erected into a sep-
arate judicial circuit. But we do not care
to have Frederick county alone made into a
circuit, because we do not think there is
work enough there to occupy the time of a
judge.
Mr. AUDOUN, I had understood from some
of the members from Frederick county, that
they desired to have it made a separate cir-
cuit; hence I inserted the name of Frederick. |
I have no objection to withdrawing the name
from the order.
Mr. SCHLEY. If you will do that we will
not object to it.
Mr. AUDOUN. My object is to accommo-
date the wants of the counties as nearly as
possible. Some of the smaller counties do
not at this time require to be made into sepa-
rate circuits. But I have inserted a provision
for the general assembly to provide for them
at such times as they may require.
The order was accordingly modified by
striking out the words "and Frederick
county."
The question was on the order as modified.
Mr. DANIEL. My only objection to this
order is that I think it will delay our pro-
ceedings instead of saving time. it' the house
determine that they prefer the old system,
then it is much easier, with the report already
before us, to substitute section for section,
than it will be to recommit the report to the
judiciary committee, with the necessary
delays which are frequent in getting meetings
of the committee, and all the discussions
which will come up in the committee, a great
deal of which discussions will come up again
before the house. The report is now before
the house, and I think we better determine
upon the various propositions which are pro-
posed to be sent to the committee, when the
report comes up for action. If the spirit of
them is adopted, i{ will shorten our labors
very much. We are better prepared to do it
right now, and we will save time by having
one discussion here in place of the whole.
I think therefore this order better be laid
upon the table for the present, and let us go
on with the report. Gentlemen can submit
section for section, and amend it in that way,
which is the easiest, and I think we will get
through in half the time. I move to lay the
order on the table.
Mr. SANDS obtained the floor.
The CHAIRMAN (Mr. Pugh.) The motion
to lay on the table is not debatable.
Mr. DANIEL. I will withdraw the motion
if the gentleman will renew it.
The motion to lay on the table was accord-
ingly withdrawn.
Mr. SANDS. I think the speediest way to
dispose of this judiciary question, would be
to substitute for the report of the committee,
the present judiciary system as embodied in
our constitution. That would enable us to
take up section after section as we proceed,
making simply the changes suggested by the
proposition of the gentleman from Allegany
(Mr. Hebb,) or any other change which
[might occur to members as necessary. We
have the present judiciary system all printed
here, in article four of the present constitu-
tion, and we might take it up as a substitute
and amend it as necessity requires. We
would find that a large portion of this article
would be left to stand as it does in the present |
