done to perfect the section. My substitute
for the entire section is still pending.
Mr. BELT. I desire to make a remark by
way of personal explanation. I understand
that the convention has decided generally as
between an elective and an appointive sys-
tem, to be applied to the whole judiciary of
the State. I now make the inquiry of the
chair for the purpose of obtaining informa-
tion, if a vote can be bad upon a proposi-
tion which shall compromise these two sys-
tems; allowing the judges of the court of
appeals to be appointed and the other judges
to beelected. I hold that that is the best
system that we can adopt. I hold now, as
I have always held, that the only evil con-
nected with an elective system of the judici-
ary grows out of the large area to which the
election applied. Generally in our State we
have had the worst judges where they have
had the largest constituencies. But if you
adopt a system so as to embrace three coun-
ties in a circuit, and let each county elect its
own judge —
Mr. STIRLING, I rise to a point of order,
It will be found by reference to page 488 of
the journal that the convention has deter-
mined that the judges of the court of appeals
shall be elected by the qualified voters of the
State on general ticket. I make the point
that that vote must be reconsidered before the
gentleman from Prince George's (Mr. Belt)
will be in order with his proposition.
The PRESIDENT. The gentleman from Bal-
timore city (Mr. Stirling) is correct.
Mr. PARRAN. Is a motion to reconsider
that vote now in order ?
The PRESIDENT. Not at present. Section
three is now under consideration, and must
be disposed of in some way.
Mr. BELT. And the section being amend-
able is now open to any amendment which
gentleman may choose to offer.
The PRESIDENT. Yes, sir. The question
now is upon the amendment of the gentle-
man from Allegany (Mr. Hebb.)
Mr. CHAMBERS. And that very point is
now decided. Is it in order to renew from
time to time the very same proposition ?
The PRESIDENT. If the convention choose
they can affirm the same proposition in two
places. The chair cannot control that.
Mr. CHAMBERS. Then I ask the yeas and
nays upon the amendment. It brings up
the question of appointment or election, and
I want to be upon the record,
The yeas and nays were accordingly or-
dered.
Mr. BILLINGSLEY asked that the amendment
be divided, which 'was ordered,
The first question was slated to be upon
adopting the first branch of the amendment,
as follows:
Insert after the word "judges" in the
first line, the words "of the court of appeals |
shall be elected by the qualified voters of the
State."
Mr. THOMAS. I desire to say a few words
upon this question. If we are going to make
a judicial system for the State which will be
understood, it appears to me that the best
way would be to divide this report into parts,
under different headings, and then have all
that relate' to each part under its appropri-
ate heading. For instance, have all relating
to the court of appeals under the heading of
"court of appeals;" everything relating to
circuit courts under that heading; everything
relating to the courts of Baltimore city, under
that heading, &c. But the proposition of the
gentleman from Allegany (Mr. Hebb) is a
general proposition, applying not only to the
court of appeals, but also to the circuit
courts. He provides that the legal and
qualified voters of the State shall elect the
judges of the court of appeals; and the legal
and qualified voters of the several circuits
shall elect the judges of the respective cir-
cuits.
By reference to the present constitution
you will find there no such provision as this
third section. That article is divided into
several parts, the sections relating to each
part being under their appropriate heading,
prescribing the qualifications of the judges, the
tenure of office, salary, &c. Now, at appears
to me, that that is the best and most simple
way. When we come to the twelfth section
of the report, the gentleman from Allegany
(Mr. Hebb) can then get what he wants; for
we can then provide whether the judges of
the court of appeals shall he elected by the
State at large, or by judicial districts; and
when we come to the circuits) we can then
determine whether the judges of the circuits
shall be elected for ten years or for life, or
during good behavior. But if we pass this
general provision, we shall find ourselves all
mixed up, and this report will have to be
recommitted to the judiciary committee.
Mr. STIRLING. The views of my colleague
(Mr. Thomas) would be very consistent with
the action which the house refused to take
last night. It was this difficulty which in-
duced me last night to vote in favor of recom-
mitting this report. The house having re-
fused to do that, there is no other course
now left except to amend the sections of this
report as they stand. The judiciary com-
mittee, very wisely, I think, adopted a dif-
ferent arrangement from that in the present
constitution. They have gone upon the
principle of first grouping together all the
general provisions of the judiciary system,
and then arranged the special provisions
under their appropriate headings.
If we adopt the principle of the present
constitution, then we must have a recommit-
ment. It is not now in order to offer a
whole judiciary system as a substitute for
this report. The section now under con- |
