Mr. SCHLEY. Then I move to amend by
instructing the committee to report to-morrow
at one o'clock.
The CHAIRMAN (Mr. Pugh.) The question
will be first taken upon the longest time.
The question was upon the amendment of
Mr. STIRLING, instructing the committee to
report by twelve o'clock, M., on Thursday
next.
Mr. DANIEL. I think: it would be better,
and would save time, to refer this to a special
committee at once. The chairman of the
committee is away, and some four members of
the committee have been excused from attend-
ing for a few days. I do not think any other
member of the committee will take the re-
sponsibility of calling the committee together
I hope some friend of the measure will amend
it so as to have a reference to a special com-
mittee.
Mr. SANDS. I do not know whether it
would be a very respectful course towards the
committee, who have taken a great deal of
trouble to report a system, to oust the stand-
ing committee and appoint a special commit-
tee to take charge of the subject. I never
heard of a procedure of that sort before, and
I should hardly like to see it adopted here.
Mr. THRUSTON. I would like to state for
the information of the house, that the chair-
man of the judiciary committee (Mr. Stock-
bridge) asked me to push the report as much
as possible, and not mind his absence. He
said be would like to see good progress made
during his absence.
The question was then taken upon the mo-
tion of Mr. STIRLING to instruct the committee
to report by twelve o'clock, M., on Thursday
next; and, upon a division—ayes 29, noes 21
—it was agreed to.
The question recurred upon the order as
amended.
Mr. THOMAS. As I understand it, this order
instructs the committee to report upon every-
thing except the part relating to the court of
appeals; it takes it for granted that that por-
tion of the report is adopted. I find by re-
ference to pages 489 and 490 of the journal of
proceedings that section twelve of the judici-
ary report, being the first section in relation
to the court of appeals, was adopted in so far
as the amendment of the gentleman from Al-
legany (Mr. Thruston) was concerned. But
there was an amendment offered by myself
which was still pending at that time, which
upon motion of the gentleman from Carroll
(Mr. Smith,) was laid over informally. The
inquiry I wish to make is whether this amend-
ment of mine goes to this committee, and they
are to report upon it also.
Mr. SANDS. I can explain to my friend how
this matter stands. About the time we were
passing this section, some one suggested that
asubstitute had been offered for it by the gentleman
from Baltimore city (Mr. Thomas.)
Then gome gentleman on the floor stated that |
he had understood from the gentleman from
Baltimore city, who moved that substitute,
that he had no interest in pressing it, did not
care to do so. He was absent sick, and una-
ble to be in his place. And it was under
these circumstances that the section was
adopted.
Mr. THOMAS. The journal says that it was
informally passed over. I understand on ac-
count of my absence. So far as my living up
my substitute is concerned, I never dreamed
of such athing; and furthermore I never said
so to any person at any time. •
Mr. SANDS, That was stated on this floor.
Mr. THOMAS. Then whoever said so, stated
that which was not true.
Mr. MILLER. When the judiciary report
comes up for action, will it be open to amend-
ment so far as the part relating to the court
appeals is concerned ?
The CHAIRMAN (Mr. Pugh.) That is for
the convention to determine.
Mr. MILLER. Then the vote already taken
upon it is for nothing. I want to get back to
the appointive system for the court of appeals.
Mr. STIRLING. The convention has passed
upon that subject.
Mr. MILLER. The question I want to ask is
this; when this report comes back from the
committee, will it be open to amendment like
a new report, and can you offer an amend-,.
ment to any part of it ?
Mr. RIDGELY. It will all be open to amend-
ment.
Mr. BRISCOE. It seems to me that our ob-
ject ought to be to make some progress. Our
action here to-night, it seems to me, is very
much like the action of a spavined horse;
there is a great deal of movement, but no
great amount of go about it. As I understand
the sentiments of the judiciary committee, it
is in favor of dividing the State of Maryland
into eight judicial circuits. I do not under-
stand that that conclusion upon the part of
the committee has been changed since they
submitted their report. And there has no'
been any expression of sentiment in this
house, as heretofore expressed, so far as I un-,
derstand it, that there shall be either a greater
or less number of judicial circuits than the.
committee reported. And we are about to
vote upon a proposition to send this subject
back to the committee and ask them to report
what kind of division they think should be
made, when they have heretofore told us the.
wanted the State divided with eight judicial
districts. And of course when they bring:
the report back again it will be with the very
identical number of judicial districts it now.
contains.
Mr. STIRLING. That cannot be so, because
the eight-district system was based upon the~
principle of having three judges to each cir-'
cuit. This order cuts up the three-judge sys-:
tern, for it says the committee shall adopt the
present judiciary system, which is a one-judge. |
