evident that it will not help the constitution
before the people of the Static.
Mr. BRISCOE. The line of argument pur-
sued by the gentleman from Baltimore city is
certainly a very extraordinary one. He has
very clearly indicated that if he had a right
to expect that certain sections of the State
would come up and sustain the constitution,
very likely he might be induced to pursue a
certain course on this judiciary question, and
might be willing to accommodate some of the
counties All that I have to say with regard
to this question is that I am very sorry that
any question, extraneous in its character
should be brought into the settlement of a
question like this. It is one in which the
people of the whole State, the people of every
section of it, are deeply concerned, it is one
having no political hearing, involving none
The gentleman from Baltimore seems to
have forgotten gotten that at least one member
from Carroll county agreed with us that in
every section of the Stele each county is en
tilled to a judge. One of the gentlemen from
Allegany (Mr. Thruston) entertains the same
opinion with regard to that question. So fan
as that is concerned the gentleman is at fault
in his conclusions.
So Far as regards the question of having a
judge for the county I represent, I have
simply to Say that if this system is adoptee
as now before the convention, giving the
judge of the county jurisdiction in all questions
of equity, and giving him orphans' court
jurisdiction, in addition to the duties in the
circuit court, these duties will necessarily oc-
cupy the judge in each one of these counties
for a very large portion of the year. So far as
the duties of the orphans' court are concerned,
we know that the responsibilities attached to
it, and the great interests of the community
at large involved in it, most clearly indicate
to every man that it is one of the most impor-
tant portions of the judicial system of Mary-
land. So far as my own section of the State is
concerned, and I believe in every section of it
there is a necessity for a radical reform with
regard to the orphans' court When we
combine the jurisdiction and duties of the
equity judge, and judge of the orphans' dour
with the circuit court business, it seems to
me that such duties will be imposed by such
a system as will be sufficient to justify us in
the employment of a judge,
Bat the gnat question is, as stated by the
gentleman from Anne Arundel (Mr. Miller,)
bow to bring home justice, the speedy and
efficient administration of justice to the
door of every man in the community. I know
from the experience in my section of the
State of a judicial circuit where there are
some four or five counties, that the duties of
the circuit judge necessarily keep him con
stantly employed. If any case of emergen-
cy arises in our county, and we want an in
junction, we have to go lo the city of Baltimore |
more, and then go to the city of Annapolis,
and in nine cases out of ten we find our pre-
siding judge attending some court in Mont-
gomery county or Howard county, so that it
is sometimes utterly impossible for us to reach
him. Looking at it in this light, as a matter
of necessity tor us, I think there can be no
just argument raised here against the adop-
tion of that system.
I have only this to say, and to throw it
out to gentlemen here, and they can put
what value they please upon it, that if this
system is adopted, I believe in my section of
the State it will tend. more to commend this
work which we have done, as objectionable
as I must be candid in saying it has appeared
to be in the past, it will tend more to com-
mend it to the approval of my people than
any measure this convention has acted on in
the past
Mr. STIRLING. I do not know but what
some provision of this kind might have some
effect upon the constitution in the portion of
the State the gentleman comes from; but it
must be very slight, and whatever effect it
can produce. can just as well be produced by
a modification of the circuits, giving a large
degree of practical relief without going to
the extent that the amendment goes to. 1
can say to the gentleman from Calvert county
(Mr. Briscoe) that the case of that district
ought to be remedied, and I am perfectly
willing to vote fora remedy which will ac-
complish everything that is necessary, and 1
believe will satisfy the people there as well
as this plan of having one judge to each
county.
In breaking up our present orphans' court
system, we run a great risk of making an
unpopular change. The peopled.) not want
change in the orphans' court, and if we
have one judge in each county that will make
a change in the orphans' court, and that is
anadditional reason tor my voting against
it. I shall vote against any change in the
orphans' court. I believe it would beat great
deal more dangerous to disturb that, than
even to disturb the election of judges by the
people. The counties which oppose this
amendment represent a large vole, and we
must take ii into consideration that the more
populous part of the State votes against this
proposition, and the less populous part of the
State votes for it, I submit to those gentlemen
who care anything fur this considera-
tion that this does indicate a dangerous state
of things. It indicates there is no certainty
that this one-judge system meets the
wishes of the majority of the people,
Mr. BRISCOE. That section of the State
has not been inconvenienced by the operation
of the pre sent system, and for that reason
may not require a change. We do in our
portion of the State require it, and there is
an eminent necessity for it. In Allegany and
the larger counties there is not that inconve- |
