Mr. NEGLEY said: The members of the
court of appeals being State officers, I have
always believed that the State had a right to
elect them by general ticket. This conven-
tion has solemnly so determined. I am will-
ing to abide by that decision. I therefore
vote "no."
Mr. PUGH. I am in favor of the appointive
system for the judiciary. For that reason I
vote for it, without any hope at all of its
being carried. I willingly submit to the de-
cision of the majority; but being in favor of
that kind of system for the judiciary, I vote
"aye."
The motion to reconsider did not prevail.
No further amendment was offered to sec-
tion twelve.
OFFICERS OF THE COURTS.
Mr. RIDGELY. Before we pass away from
part three, I desire to move as an additional
section, the following:
" Section —. The judge or judges of any
court may appoint such officers for their res-
pective courts, as may be found necessary,
and it shall be the duty of the general assem-
bly to prescribe by law a fixed compensation
for all such officers."
I do not desire to argue that amendment;
but I will simply submit for the consideration
of the house the reasons which induce me to
offer the amendment. When the section
which was stricken out, on the motion of the
gentleman from Baltimore city (Mr. Stirling,)
was under consideration, the gentleman from
Prince George's suggested that it was an ap-
propriate subject for legislation. With the
view to meet that suggestion, I have made it
the duty, in the section I have offered, of the
general assembly to fix the compensation for
these officers. In my own county there are
officers appointed by the courts, whose fees of
office are far greater than those of the judge
himself, in my county, I consider the office
very much a sinecure. At least there is com-
paratively no equivalent whatever for the
service performed. I do not think it is right
as these expenses are to come out of our
county treasury, as the counties have to levy
for the expense of these officers, whose duties
are comparatively very light, that they should
be permitted to receive a compensation so far
beyond the value of the services which they
perform. I therefore propose that it shall be
the duty of the legislature to fix the value of
these services, and to prescribe by law what
compensation this officer shall receive. I will
not argue the matter; but simply ask that
the yeas and nays be taken upon the proposed
section.
The yeas and nays were ordered.
The question being taken, the result was
—yeas 54, nays 11—as follows :
Yeas—Messrs. Goldsborough, President ;
Abbolt, Annan, Audoun, Belt, Berry, of
Prince George's, Billingsley, Blackiston, Bond |
) Carter, Chambers, Cunningham, Daniel, Dent,
Duvall, Ecker, Edelen, Farrow, Galloway,
Hatch, Hebb, Hodson, Hoffman, Hollyday,
Hopkins, Hopper, Horsey, Johnson, Jones, of
Cecil, Kennard, Larsh, Mayhugh, McComas,
Mitchell, Miller, Morgan, Murray, Negley,
Nyman, Parker, Pugh, Purnell, Ridgely,
Russell, Smith, of Carroll, Smith, of Worces-
ter, Sneary, Swope, Sykes, Thomas, Turner,
Valliant, Wickard, Wooden—54.
Nays—Messrs. Briscoe, Brown, Cushing,
Keefer, Lee, Mullikin, Parran, Robinette,
Schley, Stirling, Thruston—11.
The section was accordingly adopted.
LEAVE OF ABSENCE,
Mr. DANIEL. I ask leave of absence for this
evening, having important business in Balti-
more.
Leave was granted.
Mr. RIDGELY. I ask similar leave for this
night only.
Leave was granted.
Mr. BERRY, of Prince George's. I ask leave
of absence for a few days. I am unwell.
Leave was granted.
Mr. WICKARD. I ask leave of absence for
to-night.
Leave was granted.
Mr. STOCKBRIDGE asked leave of absence for
a few days,
Leave was granted.
Mr. MULLIKIN subsequently asked leave of
absence for to-morrow.
Leave was granted.
FILING WRITTEN Opinions.
Mr. MILLER, I move that the convention
recur to section fifteen.
The motion was agreed to, and the section
was read as follows :
"Section 15. Any three of the judges of
the court of appeals may constitute a quorum,
but no cause shall be decided without the
concurrence of at least three judges in the de-
cision, and in every case decided, an opinion
in writing shall be filed within six months
after the argument or submission of the cause,
and the judgment of the court shall be final
and conclusive."
Mr. MILLER, I move to amend the fourth
line by striking out "six" and inserting
"three;" so that the judges of the court of
appeals may be required to furnish an opinion
in writing within three months after the argu-
ment.
Mr. THRUSTON. I am in favor of that mo-
tion. I think three months is abundant
time.
The amendment was agreed to.
CIRCUIT COURTS,
The convention resumed the consideration
of section nineteen, which had been passed
over informally, and which was read as fol-
lows : |
