my accepting the amendment, I do not ac-
cept it. But the gentleman can offer it as an
amendment to my substitute, and have a vote
upon it.
Mr. AUDOUN. I will accept the proposi
tion of the gentleman from Allegany (Mr.
Hebb) in lieu of the one I submitted.
The question was upon the order submit-
ted by Mr. HEBB.
Mr. GALLOWAY. If this report, together
with all the amendments that have been
offered to it, is to be referred back to the
committee, I think some time should be fixed
for them to report it back again,
Mr. RIDGELY. That can be done after we
have voted upon the order of reference.
Mr. GALLOWAY. As I understand, the
chairman of that committee, and three or four
of its members are absent, if this report is
to go back to the committee, with all these
amendments, the time may be far distant
when we will ever bear from it again, I
want some time mentioned.
Mr. STIRLING. I think it would be well,
as the gentleman from Harford (Mr. Gallo-
way) suggests, to insert a clause directing
'the committee to report by a certain day.
And I would also suggest that so many of the
committee as are present be authorized to
act. And if they do not report by the day
fixed) then that the matter be referred to a
special committee.
Mr. SMITH, of Carroll. If there was any
unanimity of sentiment in reference to refer-
ring this report back to the committee, then
I should think it would be well to act upon
the suggestion of the gentleman from Balti-
more city. But there is manifestly so wide
a difference of opinion upon the subject,
that it seems to me that it can only re-
sult in what the gentleman desires to avoid
—a waste of time. We have barely a quo-
rum present now, and it would be perfectly
competent for a full house to-morrow to re-
consider what we may do to-night. And
even if the report goes back to the commit-
tee with certain instructions, it would be perfectly
competent for the majority of the convention
when they shall have again reported,
to destroy the very effect of this recommitment.
And the result will be, besides the
difficulty that will be encountered of assem.
bling a committee together, four or five of
"hose members are absent) we will start
again just where we are now, and all this
time will be lost. It seems to me the better
plan would be to take up the several propositions
already submitted and act upon them.
One or two votes will determine the sense of
his convention upon the general proposition,
and then we can systematize the details as
we may think proper.
Mr. THRUSTON. If this report is referred
to the committee with instructions to make a
certain report, any member of the committee
resent can make that report. It is not neces- |
sary for a majority or two-thirds of the
members' of the committee to be present to
doit. It is a mere formal matter; the com-
mittee act under instructions; there is noth-
ing whatever left to their discretion, and
any number of the committee can make the
report. Therefore I think the objection of
the gentleman from Carroll (Mr. Smith) is
not well taken.
Mr. SANDS. I move to amend the order of
the gentleman from Allegany (Mr. Hebb) by
striking out the words "nine judicial circuits,
instead of eight.," and inserting "such num
her of judicial circuits as the committee may
deem necessary to meet the public necessi-
ties."
The question was upon the amendment sub-
mitted by Mr. SANDS.
Mr. STIRLING called the yeas and nays upon
this question, and they were ordered.
The question being then taken, by yeas
and nays, it resulted—yeas 39, nays 18—as
follows:
Yeas—Messrs. Abbolt, Billingsley, Blackis-
ton, Briscoe, Brown, Chambers, Cunningham,
Daniel, Dellinger, Dent, Earle, Ecker, Edelen,
Gale, Galloway, Hebb, Hodson, Hollyday,
Horsey, Lee, McComas, Mitchell, Miller,
Morgan, Negley, Nyman, Parker, Parran,
Pugh, Robinette, Russell, Sands, Smith, of
Carroll, Swope, Sykes, Thomas, Thruston,
Turner, Wooden—39.
Nays— Messrs. Annan, Audoun, Bond,
Carter, Cushing, Hopper, Keefer, Kennard,
King, Mayhugh, Mullikin, Murray, Purnell,
Ridgely, Schley, Smith, of Worcester, Stir-
ling, Wickard—18.
The amendment was accordingly adopted.
Mr. SMITH, of Carroll, when his name was
called, said; While I am opposed to recom-
mitting this report at all, believing that it
will result in no good but only a waste of
time, still I think the proposition made by the
gentleman from Howard (Mr. Sands, ) is more
acceptable, and better in many respects, than
any other offered, I therefore shall vote for it.
Mr. STIRLING. Now in older to prevent the
committee having the right to go back to the
one-judge system, I move to amend, by
inserting after the words "judicial circuits"
the words " not exceeding twelve."
The question being taken upon the amend-
ment, upon a division—ayes 35, noes not
counted—we amendment was adopted.
Mr STIRLING. I now move to add a clause
to the order as amended, instructing the com-
mittee to report by Thursday next at twelve
o'clock, M.
Mr. SCHLEY. I hope the gentleman will
make it "to-morrow at one o'clock," and
that the committee have leave to sit during
the morning session of the convention.
Mr. STIRLING. I do not think that till day
after to-morrow is too much time to give the
committee. The whole report must be drawn
up in some shape. |
