to alter, because it cannot be increased with-
out being altered.
Mr. SANDS. If it merely gives the right to
increase the number of circuits, it will some-
what diminish my objection but not remove
it entirely.
The next legislature may choose to increase
the number to twenty-one, the very thing
this convention has by a decided vote put
the seal of its condemnation upon. I think
the mode provided for the amendment of the
constitution will meet the wants of the peo-
ple whenever those wants arise. I think it
would be better to let the thing rest; and not
subject the matter to the changes of public
opinion which may rule this way one year
and another the next. I am very well con-
vinced of the impropriety of this amendment:
Mr. THOMAS. It appears to me that there
is another objection that may be suggested in
relation to the proposition of the gentleman
from Allegany, and it is this: If it gives
power to the legislature to alter the judicial
districts, you must at the same time give
them power to provide for the election of new
judges. There is already a power under our
new constitution by which the legislature may
change the judicial districts whenever the
time shall come that the people may really
desire it, by amending the constitution. If
the people require the change they will ratify
the amendment. Two successive legislatures
can pass the amendment and submit it to the
people, and the people can adopt it. It ap-
pears to me an unwise provision to give
power to the legislature to undo exactly what
we are doing, in our attempt to fix these judicial
districts permanently.
Mr. THRUSTON. There seems to be so much
objection to this amendment that I with-
draw it.
No further amendment was offered to the
nineteenth section.
The next section was read as follows :
" Sec. 20. In each of the above-named cir-
cuits, except the eighth, there shall be three
courts, one to be held in each county; they
shall be called circuit courts for the county
in which they may be held, and shall have
and exercise all the power, authority, and
jurisdiction, original and appellate, which
the present circuit courts of this State now
have and exercise, or which may hereafter be
prescribed by law."
Mr. HEBB submitted the following amend-
ment :
Strike out section twenty and insert ;
"Sec. 20. One court shall be held in each
county of the State; the said courts shall be
called circuit courts for the county in which
they may be held, and shall have and exercise
all the power, authority and jurisdiction,
original and appellate, which the present
circuit courts of this State now have and ex-
ercise, or which may hereafter be prescribed
by law." |
Mr. THOMAS. It appears to me that strik-
ing out " three" in the second line of the re-
port of the committee we arrive at the same
result.
The amendment of Mr HEBB was agreed to.
No further amendment was offered.
The. next section was read as follows :
"Sec. 21. For each circuit (the eighth ex-
cepted) there shall be three judges, who shall
be styled circuit judges, one of said judges,
during his terra of office, shall reside in each
county of the circuit; the said judges shall
hold a term of their courts in each of the coun-
ties composing their respective circuits at such
times as now are or may hereafter be fixed by
law, such terms to be never less than two in
each year ineach county; special terms may
be held by said judges, in their discretion,
whenever the business of their several coun-
ties renders such terms necessary; a single
judge may hold sessions of the circuit court
for the disposal of all equity business, all
business merely formal and uncontested, ap-
peals from the decisions of justices of the
peace (but no other appeals) and such causes
civil or criminal as the parties litigant shall
consent to try before a single judge."
Mr. AUDOUN submitted the following
amendment:
Amend ley striking out all after the word.
" for," in the first line, and insert: '
"Each circuit (the thirteenth excepted)
there shall be one judge, who shall be styled
circuit judge, who during his term of office,
shall reside in one of the counties composing
the circuit fur which he may be elected, the
said judges shall hold a term of their courts
in each of the counties composing their re-
spective circuits at such times as now are or
may hereafter be fixed by law, such terms to
be never less than two in each year in, each
county; special terms may be held by said
judges in their discretion, whenever the busi-
ness of their several counties renders such
terms necessary."
The amendment was agreed to.
Mr. PETER submitted the following amend-
ment :
Add to the section the following :
" It shall be the duty of the judge elected
fur any circuit embracing more than one
county to divide his time equally between
each county, and lie shall be required to re-
side at the county town one half of his time,
in each county where the circuit embraces
two counties, and one-third of his time in
each county where the circuit embraces three
counties."
The amendment was rejected,
No further amendment was offered.
COMMITTEE ON ACCOUNTS.
Mr. GALLOWAY. Before the convention
proceeds further with the judiciary report, 1
ask that the rules be suspended to enable me
to offer the following order : |
