pays nearly one-twelfth, go that if we have
twenty-two judges in the State, we shall have to
pay not only the salary of our own judge, but
that of the judge of another county also. The
same thing holds true with regard to Balti-
more county, and is approximately true with
regard to some of the other of the larger and
upper counties of the State. For this reason
I offer the amendment which I have read, and
sent to the clerk's desk.
What has been stated as a further reason
for multiplying these judges, is with me an ob-
jection. It is that the judge of the county
may act as judge of the orphans' court.
I will say just here that I shall persistently op-
pose any change in the present system of the
orphans' court. I have no idea of providing
for a judge of legal attainments upon the
bench of the orphans' court. The system, in
my opinion, works very well as It is, giving
satisfactory justice and accessible justice;
while the amendment by placing a legal judge
upon the bench will lead, I fear, to litigation
and endless strife.
There being already an amendment pending
in the second degree, the amendment submit-
ted by Mr. SCHLEY was ruled out of order.
Mr. STOCKBRIDGE. I wish merely to give
one word of explanation with reference to
what seems to be a misapprehension of the sys-
tem as reported and as now before the conven-
tion. The system creates just one new offi-
cer and no more. It adds one judge to the
court of appeals. That is all the difference in
the number of officers between the present sys-
tem and the system as reported by the commit-
tee.
Mr. SCHLEY. I was speaking of the amend-
ment.
Mr. STOCKBRIDGE. And the amendment of
the gentleman from Prince George's (Mr.
Clarke) is the same.
Mr. SCHLEY. It makes one judge to each
county.
Mr. STOCKBRIDGE. It makes a judge to each
county, but it takes away a judge in each
county; substituting, in other words, a judge
of the circuit court of the county for the
judge of the orphans' court of the county,—
So that in point of fact, instead of increasing
the number of officers it diminishes them by
just one less than the entire number of circuit
judges in the State. The aggregate number
of officers, when you come to count them, is
less under the system reported by the commit-
tee than under the existing system. It is sim-
ply the character, the quality and position of
the judge, which is changed,
Upon that I wish to give another word of
explanation, I am aware that there is not ve-
ry much cause of complaint of dishonesty in
the orphans' court system, as it exists in our
State. That court has been constituted in
such a manner, as, for most of the matters
that come before it, the generality of them
to do substantial justice, and to do it without |
much delay, and to do it 'honestly, so far as
guarding the interests of those having business
there was concerned. At the same time there
has been a great clamor throughout the State,
or a great desire expressed every where, to have
an arrangement made by which the orphans'
court could not only settle and close the per-
sonal but the real estates of persons of moder-
ate means without an appeal to the equity
courts as is always necessary now. That call
has come up on all sides. Orders have been
offered here from several counties looking to
that very thing, in order to carry that out,
it involved the imperative necessity of having
ajudge upon the bench of the orphans' court
somewhat conversant at least with the rules
and practice of the equity courts.
It was thought therefore that all the valua-
ble features of the existing orphans' courts
might be preserved, keeping there as a major-
ity of that court men selected precisely as the
judges are now selected from the masses of the
people, from the honest and intelligent yeo-
manry, placing upon the bench one judge.
who should be there at all times if possible, at
least at all times when matters involving equi-
ty considerations or litigation or contest
should be before them, who would be familiar
with the practice of the courts, and especially
with their equity powers. This system then
proposed that the resident judge in each coun-
ty should be the chief judge of the orphans'
court. He could then supervise, precisely as
if he were sitting in equity, the distribution
and administration of estates, where real es-
tate was concerned.
The system then embraced these changes;
that there should be a judge resident in the
county, subject at all times to the discharge
of equity business, and who should there sit
as chief judge of the orphans' court; and
who should in the circuit sit in contested
matters in that or the other counties of the
circuit.
A single word with reference to the ex-
pense. The expense to the State of the judi-
cial system as it now stands is a little more
than $40,000 a year. I have heard bat one
expression of opinion upon this point, that
some increase of the salaries is necessary. 1
believe gentlemen on all sides of the house
concede that that is necessary. It is also
conceded, and is not in question here, that
there is a necessity for adding one judge to
the court of appeals. These are necessary
increases of the expense, which must be in-
curred under any system. The system here
proposed will also increase the expense by
the salary of the additional circuit judges,
diminished however by the amount paid by
the several counties to one judge of the
orphans' courts. That will be the real dif-
ference between the systems. The system as
reported may cost the State not far from
$100,000 a year. The present system, modi-
fied as I have suggested that it must tie, will |
