fered by the gentleman from Baltimore city
(Mr. Thomas) is this: He proposes that the
judges of the orphans' court shall be elected
for four years; the proposition I submit is
that, at the expiration of the terms of the
present judges of the orphans' court, three
men shall be elected in each county to serve
respectively two, four and six years. So that
at each county election held thereafter, there
shall be one judge of the orphans' court elec-
ted for six years. The object of that amend-
ment is that the judges of the orphans' court
shall not all be elected at the same time. In
our county last year three intelligent men
were elected judges, and a register elected, all
men new to the office, and entirely unacquain-
ted with their duties. After the first election,
under my amendment, there will always be
two old judges holding over at each election,
Mr. STIRLING, There is one thing which
strikes me in regard to this matter. The pres-
ent constitution, as well as this amendment,
says that these judges shall be citizens of Ma-
ryland, and citizens of the city or county in
which they are elected. There is nothing said
about his being a citizen of the United States.
Mr. HEBB. I think the gentleman will find
that the general provisions already adopted
provide for that; I am not certain.
Mr. STIRLING. The orphans' court is ex-
cepted
Mr. HEBB, My amendment requires the
judge to be a resident of the county.
Mr. STIRLING. I think the gentleman bet-
ter say that he shall be a citizen of the United
States, and a resident of the county twelve
months before his election.
Mr. HEBB. I have no objection to that. I
followed the phraseology of the present consti-
tution, which does not require that.
The amendment of Mr. HEBB was modified
accordingly.
Mr. THOMAS. The amendment of the gen-
tleman from Allegany (Mr. Hebb) is all very
well, so far as it provides for old judges hold-
ing over. I would be willing to accept his
amendment, provided he would put in a clause
that the judges of the orphans' court of the
city of Baltimore shall receive a salary of not
less than fifteen hundred dollars a year, to be
paid by the city mayor and council, as city
salaries are paid. Each judge now gets twelve
hundred dollars a year, and is at his office ev-
ery day from ten until three o'clock They
can transact no other business, and it appears
to me that fifteen hundred dollars a year is
little enough for their services.
Mr. STIRLING. I would suggest to the gen-
tleman from Allegany (Mr. Hebb) that he
should say that they shall receive such per diem
compensation as is now or may hereafter be
fixed by the general assembly. That will
leave the matter to stand as it is now. The
act of the general assembly gives our judges
such a per diem that they receive twelve
hundred dollars a year. |
Mr. BOND. I move to amend section twen-
ty-four of the report by striking out the words
"the qualified voters of the city of Baltimore,
and of the several counties of the State," &c.,
to the end of the section, and insert the fol-
lowing; " business and duties of the orphans'
court shall be performed by the judge of the
circuit court for the district, except so far as
the several registers of wills may beauthorized
by law to perform part of said duties."
The object of that amendment is to test the
sense of the house upon the question of abol-
ishing the orphans' court system altogether.
It is not intended necessarily to apply to the
city of Baltimore; perhaps a separate section
would be necessary for that. Since the cir-
cuits have been diminished in size, and the
duties of the circuit judges very much less-
ened, it does appear to me not only that the
duties of the orphans court could be better per-
formed by requiring the circuit judge to sit as
an orphans' court, for instance once a week, but
in this way the whole orphans' court system
might be got rid of.
My theory is that the orphans' court is a
useless tribunal; that is to say, all or nearly
all the duties are performed by the register of
wills. I know it is the constant habit of the
judges of the orphans' court to appeal! to the
register of wills in almost every case, as to
their duties, what they shall do, how their du-
ties shall be performed, and how it has been
performed theretofore. I do not speak of gen-
tlemen who have served in the orphans' court
for several years. But as a general rule I as-
sert that the orphans' court is a useless tribu-
nal, The duties would be far better done by
the judge of the circuit court. The orphans'
court tends to complicate the judiciary ma-
chinery of the State, and increases the expen-
ses heavily. I am certain that since the dis-
tricts have been diminished, the judicial du-
ties of the circuit judges have been lessened,
and they can perform these duties. I am will-
ing to except from the operation of my amend-
ment the city of Baltimore, where the judges
are constantly employed every day. There
may be a judicial system established for the
city of Baltimore, so as to enable the circuit
judges there to attend to these duties. I offer
this amendment now for the purpose of teat-
ing the sense of the convention upon the ques-
tion of abolishing the orphans' court. '
The PRESIDENT. As there is already an
amendment to the section pending, the gentle-
man from Anne Arundel (Mr. Bond) must
move his proposition as an amendment to the
amendment.
Mr. BOND. Then I move to amend the
amendment by striking out all after the word
"the" in the first line, and inserting, "busi-
ness and duties of the orphans' court shall be
performed by the judge of the circuit court
for the district, except so far as the several
registers of wills may be authorized by law
to perform part of said duties." |
