clary, finding that this convention will not
consent to the general appointment of the
judges by the governor, I am willing to
vote for the compromise plan which I submit-
ted to the convention this morning, but which
the chair has decided to be technically out of
order. That plan is to have the judges of
the court of appeals appointed by the gover-
nor, and the local judges elected by the peo-
ple. For that reason I shall vote "no"
upon this question.
Mr. BERRY, of Prince George's. Although
I should much prefer to have all the judges
elected by the people, yet I much prefer giv-
ing the power to the governor to appoint the
judges than have them elected by the general
vote of the State. I therefore vote " no."
Mr. CUSHING. Not having been present
when the first vote was taken between an ap-
pointive and an elective judiciary, I wish to
explain my vote on this question, and to say
that I am entirely in favor of the appointive
system throughout. But the house having
decided by an overwhelming vote that it pre-
ferred the elective system, and not being at
all desirous to disturb that result, I shall vote
"aye" on this proposition, and shall vote
for an elective system throughout, that ques-
tion having been decided by the house,
Mr. DANIEL If the question was separated,
and it simply the question of electing these
judges, I should vote " no," because I am in
favor of the appointive system for the court
of appeals. But the two things being mixed
up, and having to vote upon them both, I
shall vote "aye," because if they are to be
elected, I want them elected by general ticket
Mr. PUGH. I am in favor of the appointive
system. But the question between the ap-
pointive and the elective systems having been
determined by the house, I shall interpose no
objection to the perfecting of that system, and
shall therefore vote "aye."
Mr. THOMAS. Being now, as I have always
been, an advocate of the elective system fur
judges both of the court of appeals and the
circuit courts, and being opposed, as I am, to
the election of judges of the court of appeal's
by general ticket, I shall vote for the propo-
sition of the gentleman from Allegany (Mr
Hebb, ) because I do not want to vote agains
an elective system. But I do so with the un
derstanding that I will meet the question
concerning the court of appeals when the
twelfth section comes up for consideration. I
vote "aye,"
Mr. THURSTON. I am in favor of the ap
pointive system throughout, but the house
having decided in favor of an elective system
I shall no longer oppose it—and as the judge
of the court of appeals are (or and of the
whole State, I think they should be elected by
the voters of the whole State, I therefor
vote "aye."
The question next being on the adoption of
the second clause of the amendment, to wit: |
" And the governor by and with the advice
and consent of the senate, shall designate the
chief justice."
It was adopted.
The question recurring upon the adoption
of the third branch of the amendment, to wit :
"And the judge of the judicial circuits
shall be elected by the qualified voters of their
respective circuits."
it was adopted.
Mr. THOMAS. I move to strike out after
the words " each judge shall hold his office"
the words ' 'during good behavior, or until
he shall attain the age of sixty years, when,
in the discretion of the governor, by and with
the advice and consent of the senate, he may
be re-appointed for a term not exceeding ten
years, after which he shall not be re-appoin-
ted"—•and insert the following in lieu there-
of—" for ten years, removable for misbeha-
vior, on conviction in a court of law, or by
the governor upon the address of the general
assembly, provided that two-thirds of the
members of each house shall concur in such
! address."
Mr. STIRLING. The latter part of the
amendment providing for removal of the
judges, is provided for by section four of this
report.
Mr. HEBB. I have an amendment which
the gentleman from Baltimore city (Mr.
Thomas) may accept. I move to strike out
all after the words "each judge," and insert
the following:
" Of the court of appeals, and of each judi-
cial circuit shall hold his office for the term
of ten years from the time of his election, or
until he shall have attained the age of seventy
years, whichever may first happen, and be
re-eligible thereto until he shall have attained
the age of seventy years and not after."
Mr. THOMAS. I will accept that amend-
ment and withdraw the one I offered
The question was upon the amendment of
Mr. HEBB.
Mr. THRUSTON. I shall vote against that
amendment, because I think the great evil of
the elective system is the frequency of the
election of judges. This bringing the judges
frequently before the people to solicit a re-
election, is I think the greatest objection to
the old system. I prefer the provision of the
report to this amendment
Mr. BERRY, of Prince George's. I move
to strike out the word " ten" and insert the
word " twenty" in the amendment.
Mr. STIRLING. I shall vote for the propo-
sition of the gentleman from Prince George's
(Mr.. Berry) in preference to the proposition
of the gentleman from Allegany (Mr. Hebb.)
e But I should certainly prefer to leave this
f matter as it now stands in the report, 1
e have not been very fixed in my opinion in
regard to the matter of appointing or elect-
ing our judges. I really do not think there is
any great essential difference between the two |
