The question was upon adopting the sec-
tion as proposed by Mr. ABBOTT.
Upon this question Mr. ABBOTT called for
the yeas and nays, but they were not or-
dered.
The question was then taken, and the sec-
tion was rejected.
Mr. THOMAS. There is no provision made
in this report in relation to filling vacancies
occasioned by the death, resignation or other
disqualification of the judges. It is necessary
that some .provision should be made for that;
I therefore move the following additional
section be adopted:
"Section 24. In case of the death, resig-
nation, removal or other disqualification of a
judge by the courts of this State, the governor,
by and with the advice and consul of the
senate, shall thereupon appoint a person duly
quailified, to fill said office until the next gen-
eral election tor members to the general as-
sembly thereafter, at which time an election
shall be held as herein prescribed, for ajudge,
who shall hold said office for the term of fif-
teen years, and until the election and qualifi-
cation of his successor."
Mr. STIRLING. I approve of this proposi-
tion, but I cannot vote for it any more than
I could for the other. Simply for the reason
that it meets only one branch of the question.
Some provision mast be made in relation to
judges holding over, elections of judges of
new circuits, and the filling of vacancies.—
This provides for the filling of vacancies, and
nothing else,
The PRESIDENT. This can be followed up.
Mr. STIRLING. I think we better let the
whole matter lay over. This can be put in
the schedule.
Mr. CHAMBERS. This is a proper subject
for a permanent constitutional provision.—
The schedule is only temporary, for the pur-
pose of carrying the constitution into effect.
As to the filling of vacancies for all time to
come, that is a proper subject for the consti-
tution. I can see no objection to it.
The question was then taken upon adopting
the additional section proposed by Mr. THOMAS,
and upon a division—ayes 41, noes not
counted—it was adopted.
ORPHANS' COURTS.
Section twenty-four of the report was then
read, as follows:
"Section 24. There shall be an orphans'
court in each of the counties of the State, and
the city of Baltimore, and the circuit judge
resident in any county shall be ex-officio
chief judge of the orphans' court of each
county, and one of the judges of the circuit
court of Baltimore city shall sit as chief judge
of the orphans' court of said city; the quali-
fied voters of the city of Baltimore and of the
several counties of the State shall, on Tuesday
next after the first Monday in the month of
November eighteen hundred and sixty-seven, |
and on the same day of the same month in
every fourth year thereafter, elect two men to
.be associate judges of the orphans' court of
said city and counties respectively; no person
shall be elected associate judge of the orphans'
court unless he be a citizen of the State of
Maryland, and resident in the city or county
for which be may be elected at the time of his
election; each of said associate judges shall be
paid at a per diem rate for the time they are
in session, to be fixed by the legislature, and
paid by the said counties and city respect-
ively."
Mr. THOMAS submitted the following as a
substitute for the section :
"Section 24. The qualified voters of the
city of Baltimore, and of the several counties
of the State, shall, on Tuesday next after the
first Monday in November, 1867, and on the
same day in the same month in every fourth
year thereafter, elect three men to be judges of
the orphans' court of said city and counties
respectively, who shall be citizens of the
State of Maryland and citizens of the city or
county for which they may be severally elect-
ed, at the time of their election; the judges of
the orphans' court for the city of Baltimore,
shall receive an annual salary of —
hundred dollars, to be paid by said city.—
The judges in the several counties shall re-
ceive a per diem, and be paid by the said
counties."
Mr. HEBB. Before the question is taken upon
the substitute, I move to amend the original
section by striking out all after the word
' ' Baltimore " where it first occurs, and insert
the following:
" And the qualified voters of the city of
Baltimore and of the several counties of the
State shall, on Tuesday next after the first
Monday in November, eighteen hundred and
sixty-seven, elect three men to be judges of
the orphans' court of said city and counties
respectively; one of the said judges first elec-
ted shall bold his office for two years, one for
four years and the other tor six years; and at
the first meeting after their election and qual-
ification, or as soon thereafter as practicable,
they shall determine by lot, which one of
their number shall hold his office for two,
four and six years respectively, and thereafter
there shall be elected as aforesaid, at each
general election for county officers, one judge
to serve for the term of six years. No person
shall be elected judge of the orphans' court
unless he be a citizen of the State of Maryland,
and a citizen of the city or county for which
he may be elected, at the time of his election;
each of said judges shall be paid at a per diem
rate for the time they are in session, to be
fixed by the general assembly, and paid by
the said counties and city respectively."
The question was stated to be first upon the
amendment of Mr. HEBB.
Mr. HEBB. The difference between the
amendment offered by myself, and the one of- |
