few thousand dollars to adopt the best sys-
tem. In that view of it, taking this as am
alternative between this amendment and the
report if the committee, I shall vote against
the amendment offered by the gentleman
from Allegany.
The amendment submitted by Mr. DENNIS
was rejected.
The question recurred upon the amend-
ment submitted by Mr. HEBB.
Mr. HEBB. I desire to state to those mem-
bers who desire one judge fur each county
that it is impossible to carry that system.
The largest number of circuits that can pos-
sibly be carried will be thirteen. If this is
not adopted, an effort will be made to reduce
the system to ten circuits.
Mr. BELT. I move to transfer Prince
George's county from the third district to the
first district so that Prince George's,
Charles and St. Mary's shall constitute one
circuit as they now do. These three coun-
ties lying together in the peninsula have been
associated in the judicial system from the
first foundation of the State, There is not
business enough in the two lower counties,
St. Mary's and Charles, to constitute one
circuit. I think that will be testified to by
the members of those counties here. Prince
George's can well be connected with them,
although it is a matter of fact that there is
perhaps twice as much business in Prince
George's county as in both the others put
together. I think it leads to unnecessary ex-
pense and an unnecessary multiplication of
the circuits, besides disconnecting' our people
from those with whom we have been associated
in this wavy, and breaking up profes-
sional and personal intercourse, which I am
in favor of preserving as long as possible.
Of course I have no objection to associating
with the people of Montgomery, but we
have been connected with the lower
counties and are used to it, and I hope that
the convention will have no objection to
make the alteration.
The amendment was rejected.
The question recurred upon the amend-
ment submitted by Mr. HEBB.
Mr. DANIEL. I confess that I have bad
and have now some difficulty in determining
how to vote upon the proposition now before
the convention. As a member of the judici-
ary committee I agreed to that report, be-
lieving it was the best. I would have pre-
ferred the one judge to have done all the or-
phans' court business as well as tire other
business of the counties, it was thought
better, on agreement, to compromise in
committee, to have him sit with two
judges, so as not to destroy the present or-
phans' court system, and array opposition to
it. For the reasons assigned by my col-
league on yesterday, I prefer the report of the
judiciary committee, and the main reason is,
that it is greatly desited by this house, and |
I believe will be determined, to confer addi-
tional equity jurisdiction upon fie orphans'
court of the State. That involves, I think,
a great deal of strictly legal matter which
has not been confided to the orphans' courts
before, if estates real and personal are to be
settled up in the orphans' court. It is a large
power of chancery jurisdiction which has
heretofore been confined lo the circuit judge.
If that is transferred I believe, it will be pro-
per to have a judge in that orphans' court.
Seeing no other way to have a judge there
except by the report fie committee', some-
thing like the one judge system, I feel con-
strained lo vote against all amendment that
I may have an opportunity to vote for the
report of the committee.
Mr. STIRLING. It seems to me that we are
not coming to any definite conclusion. Gen-
tlemen who like this better than something
else will vote against it, and the proposition
will be killed while at majority of the house
is in favor of it, I suggest that the better
means of reaching a definite result will be to
take the question on the section reported by
the committee and I will move that the? section'
reported by the committee be stricken out.
The PRESIDENT. The question is upon the
amendment of the gentleman from Allegany
(Mr. Hebb.)
Mr. HEBB. I have no objection to with-
draw the proposition and take the vote upon
striking out the section altogether.
The PRESIDENT. That will bring confusion
again.
Mr. HEBB. I can only withdraw it with
that understanding.
The PRESIDENT. The chair cannot recognize
any understanding. If the gentleman
withdraws his proposition the chair will take
no further notice of it. Does the gentleman
withdraw his proposition?
Mr. HEBB. No, sir.
Mr. DENNIS demanded the yeas and nays,
and they were ordered.
The question being taken, the result was—
yeas 52, nays 24—as follows :
Yeas—Messrs. Goldsborough, President
Abbott, Audoun, Blackiston, Bond, Brooks,
Carter, Chambers, Cunningham, Cushing,
Davis, of Washington, Dellinger, Duvall
Ecker, Galloway, Greene, Hatch, Hebb, Hen
kle, Hoffman, Hopkins; Hopper, Johnson
Keefer, Kennard, King, Larsh, Markey, Me
Comas, Miller, Murray, Negley, Nyman, Pair
ker, Parran, Pugh, Purnell, Ridgely, Rob
inette, Russell, Sands, Schley, Smith, of Dor
Chester, Smith, of Worcester, Sneary
Sykes, Thomas, Thruston, Todd, Wickard
Wooden—52.
Nays—Messrs. Annan, Belt, Billingsley
Briscoe , Brown, Crawford, Daniel, Dennis
Dent, Edelin, Farrow, Gale, Hodson, Holly
day, Horsey, Lansdale, Lee, Mitchell, Mor
gan, Peter, Schlosser, Smith, of Carroll
Swope, Turner—24. |
