Mr. NEGLEY. I do not know as it will.—
Bat still we certainly ought to change the law
on that subject. And there ought to be cer-
tain instructions go to the committee to
change this matter of special judges.
Mr. THOMAS. I would ask the gentleman
from Washington county (Mr. Negley) what
change he proposes to get rid of special
judges? Suppose the circuit judge gets
sick ?
Mr. NEGLEY. Let the parties interested in
the case select their own judge.
Mr. RIDGELY. That will be a special judge,
Mr. NEGLEY. And if they do not select
their own judge, then the judge in the adjoin-
ing district will act. These frauds, as I con-
ceive them to be, never have occurred in cases
where the attorneys have been allowed to
select the judge.
Mr. STIRLING. They can do that now.
Mr. NEGLEY. Where they have selected a
special judge. But the judge of the adjoining
district has appointed the special judge. The
parties to the case not having exercised their
privilege of designating the judge. The par--
ties to the case ought to be compelled to
select the judge; or some way to avoid this
difficulty.
Mr. SANDS. Will the gentleman from Alle-
gany (Mr. Hebb) accept an amendment to
this substitute? Otherwise I must vote
against it. His substitute as it stands leaves
many of the circuits just in the condition in
which they are now; and leaving them so, it
leaves them subject to great difficulties. If
the gentleman from Washington (Mr. Negley)
wants a judge for his county, he does not
want to go to Allegany, as he must do under
this substitute. We have four counties in
our circuit; and an amount of business too
great for one man to attend to. Surely if he
wants one judge for his county, we ought to
have more than one judge for our four coun
ties. I therefore suggest to my friend that he
make such a modification of his substitute as
will permit the committee to report such a
number of judicial circuits as they may think
best—subject of course to the subsequent ac-
tion of this convention. I agree with my
friend from Anne Arundel (Mr. Miller) that
in our circuit, composed of four counties,
Howard, Anne Arundel, Montgomery and
Calvert, we do need relief; and I hope we
will get it.
Mr. HEBB. I would prefer twelve districts
of course; but I do not know that it will be
carried.
Mr. RIDGELY. I hope the gentleman will
not accept the amendment; let us vote upon
his proposition.
Mr. PURNELL. Does the proposition of the
gentleman from Allegany (Mr. Hebb) remodel
the district in which I reside, Worcester,
Somerset, and Dorchester, or does it leave it
as it is now?
Mr. HEBB. My amendment to the proposi- |
tion of the gentleman from Baltimore city
(Mr. Audoun) leaves the district of the gen-
tleman from Worcester (Mr. Parnell) exactly
as it is now. Because I do not Propose to
change any district except the one now com-
posed of Baltimore, Harford and Cecil coun-
ties. I propose to make Baltimore county
into one circuit, and the other two counties
will compose a circuit. The proposition 1
submitted the other day changed every cir-
cuit but the first, composed of St. Mary's,
Charles, and Prince George's counties, 1
propose now to leave the committee to report
such number of circuits as they may think
proper, only to report the system which is in
the present constitution.
Mr. PURNELL. I should prefer the ar-
rangement as under the old system, com-
posed of three counties. I should oppose
any curtailment of our circuit by taking off
the county of Dorchester. Let the district
remain as it is, embracing the three counties.
Mr. STIRLING. I would suggest to the
gentleman from Allegany (Mr. Hebb) that if
he accepts the amendment of the gentleman
from Howard (Mr. Sands,) it brings us back
to the discussion of the merits of the question
of the number of judicial districts, if we
will agree to adopt either his substitute, or
the proposition of my colleague (Mr. Audoun,)
instructing the committee to report the pres-
ent system, with these particular alterations
agreed upon by the convention, we will get
clear of everything before us, and will get a
proposition which substantially meets the ac-
tion of the convention. Then if the conven-
tion is in favor of increasing the circuits from
nine to twelve it can easily be got at with
one amendment. But if that amendment is
to be brought in now, it raises the discussion
at once as to the number of circuits, and no
time is saved.
Mr. SANDS, If it is easy to put nine up to
twelve, it is just as easy to put twelve down
to nine. We Only want some initiatory steps
taken by which we can be sure of some re-
form. What is the objection? What does
it amount to ?
Mr. STIRLING. I have no objection to that
whatever. As I said before, I am in favor of
the proposition, bat there are others here
who are not. The coarse of remark of the
gentleman from Howard (Mr. Sands,) and
the gentleman from Anne Arundel (Mr. Mil-
ler,) shows that if we go on and add to this,
it will lead to interminable discussion.
Mr. SANDS. This leaves it to the commit-
tee to fix it as they please. No matter how
they may fix it, that docs not hinder the con-
vention from increasing or diminishing it.
The committee would of course report a defi-
nite number, and it is just as easy to decrease
the number, if they report ten or twelve dis-
tricts, as it will be to increase it if they re-
port seven or nine.
Mr. HEBB. As there is gome objection to |
