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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1540   View pdf image
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1540
Mayhugh, McComas, Mitchell, Miller, Mor-
gan, Mullikin, Murray, Negley, Nyman, Par-
ker. Parran, Pugh, Purnell, Robinette, Rus-
sell, Sands, Schley, Smith, of Carroll, Smith,
of Worcester, Stirling, Swope, Sykes, Thom-
as, Thruston, Turner, Wooden—60.
CIRCUIT COURTS.
The convention resumed the consideration
of the report of the committee on the judicia-
ry department on its second reading.
The pending section was the following:
"Sec 19. The State shall be divided into
eight judicial circuits, in manner following :
The counties of St. Mary's, Charles and
Prince George's, shall constitute the first cir
cuit. The counties of Calvert, Anne Arun-
del and Montgomery, the second. The coun-
ties of Allegany, Washington, and Frederick,
the third. The counties of Baltimore, Howard and
Carroll, the fourth. The counties of
Harford, Cecil and Kent, the fifth. The coun-
ties of Queen Anne's, Talbot and Caroline,
the sixth. The counties of Dorchester, Som-
erset and Worcester, the seventh. And the
city of Baltimore, the eighth."
To which Mr. HEBB bad submitted the fol-
lowing amendment:
Strike out all after the word ''the," in
the first line, and insert :
"State shall be divided into twelve judi-
cial circuits, in manner following: The
counties of St. Mary's, Charles and Prince
George's shall constitute the first circuit; the
counties of Anne Arundel Calvert and
Montgomery, the second; the county of
Frederick, the third; the county of Wash
ington. the fourth; the county of Allegany
the fifth; the counties of Carroll land How-
ard, the sixth; the county of Baltimore, the
seventh; the counties of Harford and Cecil
the eighth; the counties of Kent, Queen
Anne's and Talbot, the ninth; the counties
of Caroline and Dorchester, the tenth; the
counties of Somerset and Worcester the
eleventh; and the city of Baltimore, the
twelfth."
To which Mr. MILLER had submitted the
following amendment:
Strike out section 19, and insert :
"Sec, 19. There shall be a judge for each
county in the State, who shall be elected by
the legal and qualified voters of the several
counties. He shall be a resident for one year
in the county for which he may be elected
next before the lime of his election, and shall
reside in the county for which he is elected,
while he continues to act as judge."
Mr. MILLER. I am sorry that the chairman
of the committee (Mr. Stockbridge) is not
present this evening, and also that the gentle
man from Baltimore county, who seemed to
take a great deal of interest in this matter
when the convention adjourned this morning
is absent. I thought he was inclined, although
he made an objection to the additional ex
cense of this system as reported by the com-
mittee, after the very able remarks made by
the gentleman from Baltimore city, to think
that we ought to adopt this system I have
proposed, of having one judge to each coun-
ty, or the system as reported by the com-
mittee.
This question of additional expense is one
we ought to look at calmly and dispassionate-
ly. If there is to be any enormous increase of
expenditure from this judicial system, we
ought to take that into consideration and
give it a fair weight. But let us look at it in
the first place in the light figures will preseat
it. Adopting the same increase of salaries,
and increase in the number of the judges of
the court of uppenis, which would be necessa-
ry in any event, I think I shall be able to
show conclusively to the convention that the
actual increase in the expense will not be more
than twelve or fourteen thousand dollars per
year. in comparing the two systems togeth-
er, as was said by the gentleman from Balti-
more city (Mr. Stockbridge,) we must look to
what will be the system as modified, if we
take the old system and give these judges
such increase of salary as is necessary to be
given to them in order to make up their sal-
aries to what we have given other officers,
and what is conceded on all hands to be ne-
cessary, There is to be one more judge of
the court of appeals. That is conceded on all
hands to be necessary whether we adopt the
present system or the old system. That will
give an increase of $3,000 dollars a year.
That is not to be attributed to the new sys-
tem at all. Then we must increase the sala-
ries of these judges $500 per year. We have
fixed the salaries of the judges now at $3,000,
an increase of $500 to each of them over and
above what the present constitution fixes it
at. That will make for the five judges of the
court of appeals alone, $2,500 a year. Then
if we increase the salaries of the circuit judges
in the same way, if we adopt the present sys-
tem of circuit judges, giving them an increase
of $500 each, would be an increase of $4,000.
And then the increase in the salaries of the
judges of Baltimore city, if we increase them,
as we probably shall, and as in justice we are
bound to increase them, that will be $2,000
more. That will amount to $11,500 increase,
which we must have if we take the old sys-
tem. I do not suppose there is a member of
this convention that does not see that if we
adopt the old system there must be an increase
of $11,500 in the salaries of the judges.
Now the actual salary of the judges under
the present system is $33,500. This will
make the cost of the system of judges $45,000,
if we take the old system and modify it as we
have modified the salaries of all the other offi-
cers, and which is not to be attributed to the
additional expense of the new system the com-
mittee propose.
in addition to that, a report made to the


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1540   View pdf image
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