I think that by a few decisive votes showing
that the house is in favor of substituting the
old system for the one reported by the com-
mittee, we will save pretty much all debate or
amendment.
Mr. SCHLEY. I am sure no member of this
convention is more deeply impressed with a
desire to bring its labors to a close than my-
self. And I would cheerfully concur in any
step that would accomplish that end. If I
can be assured that the pending proposition
is likely to bring our labors speedily to a
conclusion, I will gladly concur in it,
But my object in rising now is to ask how
much does this order comprehend? Does it
mean that all this matter of the court of ap-
peals, all that portion of the report of the
judiciary committee anterior to part third, is
to be gone. over again in committee? Or is
that to stand as the convention has determin-
ed it? I believe we have perfected the report
tip to part third—and I suppose that being
the work of the convention to that extent the
convention is satisfied with it, and not dis-
posed to reconsider it. If the gentleman from
Baltimore city (Mr. Audoun) will amend his
order so as to refer only that portion of tire
report which remains unacted upon, for
instance, the part relating to the circuit courts,
the orphans' courts, the courts of Baltimore
city, &c., with instructions to report at a
specified time, or if he pleases to report the old
system substantially, and to take before it the
amendments proposed to be printed, then I will
support his proposition. Perhaps such are-
ference, with instructions to report by agiven
time, to-morrow at noon, for instance, would
facilitate the deliberations of the convention.
I think it would, and I would cheerfully can-
cur in such a proposition.
But if it is to take the whole report before
the committee and have them go over all that
we have already disposed of, then I for one
will have to cast my vote against the order of
reference. I understand that there will be at
least four members of the judiciary committee
absent to-morrow; one or two of them have
got leave of absence to-day, and the others
are now absent. So I am afraid that this re-
ference will be unproductive of the good that
its proposer anticipates.
Now I do not know how the convention is
to progress more rapidly than by continuing
the order of the day, as it has gone on with it
up to this time, taking the proposed amend-
ments into consideration, and substituting
such of them for portions of the report as they
may desire. And until I hear further from
the mover of this order that he means to
limit the work of this committee, or of a spe-
cial committee, to this extent, I do not think
I can support his order, if he will move to
refer it to a special committee, or move that
the committee on the judiciary be filled up
temporarily so far as to supply the places of
those who will necessarily be absent to-mor- |
row, instruct them to report by noon to-mor-
row, and then move 10 take a recess until
then, I will agree to it; otherwise I shall have
to vote against it
Mr. STIRLING. The proposition of my col-
league (Mr. Audoun) strikes me very favora-
bly; but I should like to have him make
some modifications in it. It seems to me that
it is one of the readiest modes of getting at
this question; and I think if something of
this sort is not adopted, we shall not soon ar-
rive at a conclusion. I should prefer that
that part of the report of the judiciary com-
mittee which we have already adopted should
be left to stand. With that exception I en-
tirely agree with the proposition to report the
present judiciary system. I intended, when
the time arrived, to propose an amendment
altering the jurisdiction of the court of com-
mon pleas of Baltimore city, extending its
jurisdiction to seven hundred and fifty dol-
lars. With that exception I am willing to
adopt the present system as it stands,
Mr. HEBB. I move the following as a sub-
stitute for the order proposed by the gentle-
man from Baltimore city (Mr. Audoun.)
Ordered, That the report of the committee
on the judiciary department, with all the
amendments proposed thereto, be recommitted
to the committee, with instructions to report
the judiciary system as embraced in the exist-
ing constitution, except so far as the same
has been modified by the adoption of the ar-
ticle in the court of appeals, and excepting
also to report nine judicial circuits instead of
eight (erecting Baltimore county in a sepa-
rate circuit, ) and also, reporting a provision
giving the general assembly the power to
create additional circuits from time to time
when required."
Mr. THRUSTON. I propose to save time by
making the motion to substitute fur the re-
port by the committee on the judiciary, the
present judiciary system of this State, except
in so far as the same has been already modi-
fied by the action of the convention in con-
sidering the report of the committee That
it seems to me will bring the question right
before the house, and we can get along with-
out any reference.
The CHAIRMAN (Mr. Pugh) That motion
cannot be entertained, because each section of
the report of the committee must be taken up
and considered by itself. The report of the
committee is not now under consideration.
The order of the gentleman from Baltimore
city (Mr. Audoun) and the substitute propos-
ed by the gentleman from Allegany (Mr.
Hebb,) are now before the house.
Mr. MILLER. I should very much prefer,
if this subject is to be recommitted to the
committee with instructions, that they be
instructed to reorganize the circuits accord-
ing to the amendment offered the other day
by the gentleman from Allegany (Mr. Hebb,)
making I think twelve judicial circuits. One |
