Abbott, Annan, Audoun, Brooks, Carter,
Cunningham, Cushing, Daniel, Davis, of
Washington, Dellinger, Ecker, Galloway,
Greene, Hatch, Hebb, Hoffman, Hopper, King,
Markey, Mullikin, Murray, Negley, Nyman,
Parker, Pugh, Purnell, Ridgely, Russell,
Sands, Schley, Schlosser, Scott, Smith, of
Worcester, Sneary, Stilling. Swope, Sykes,
Thomas, Todd, Wickard, Wooden—42.
Nays — Messrs. Blackiston Chambers,
Crawford, Duvall, Hollyday, Horsey, Lans-
dale, Lee, Mitchell, Morgan, Parran, Smith,
of Dorchester, Wilmer—13.
When his name was called,
Mr. HODSON did not vote.
The PRESIDENT. If the gentleman from
Dorchester refuses to vote, the chair will or-
der it to be so entered on the journal.
Mr. HODSON. I should prefer to have it so
entered upon the journal.
The section was accordingly adopted.
No further amendments being offered to
part. IV, the next section was read as follows :
PART V.
Courts of Baltimore city.
"Section 27. There shall be in the eighth
judicial circuit two courts, to be styled the
superior court of Baltimore city and the cir-
cuit court of Baltimore city; each court to
consist of three judges, who shall be appoint-
ed in the same manner, hold their offices for
the same time, and have the same general
powers and duties as are herein prescribed
for other judges of courts of record in this
State."
Mr. THOMAS submitted the following amend-
ment :
Section 27. Strike out all after the word
"the," in the first line, and insert the fol-
lowing ;
"Thirteenth judicial circuit four courts,
to be styled the 'superior court of Baltimore
city;' the 'court of common pleas;' the 'circuit
court of Baltimore city;' and the 'criminal
court of Baltimore;' each court shall consist of
one judge, who shall be elected by the legal and
qualified voters of said city, and shall hold their
offices for the term of fifteen years, subject to
the provisions of this constitution with re-
gard to the election and qualification of
judges and their removal from office, and
shall exercise the jurisdiction hereinafter
specified."
Mr. THOMAS said: After I drew up the
section on the fifth page of the amendments
as printed, I found a section in the report in
relation to the salary of officers; and I there-
fore leave that out of this section, and will
offer it when the proper time comes.
Mr, STOCKBRIDGE. The practical opera-
tion of the adoption of the amendment is to
retain the judicial system in Baltimore pre-
cisely as it is at present organized, with the
tingle exception that one of the courts now
is a court created by act of .assembly instead |
of by the constitution itself. The courts are
the same, and the judicial power on the
bench will be the same under this amendment
as that which at present exists; and the dis-
tribution of the duties and the jurisdiction of
the courts is precisely the same as at present
exists. I do not think any one familiar with
the operation and practical working of these
courts but will be satisfied on a little reflec-
tion that they are inadequate to the discharge,
even at tire present time, of the judicial du-
ties which ought to be discharged in that
city; besides which the litigation, the busi-
ness of the courts, is constantly and rapidly
increasing, the result of which is practically
there, as it was complained of throughout
the counties, the delay of justice to such a
degree as almost to amount to a denial of
justice. There is one advantage which the
courts there have over the courts in the
counties, that although there is hut one judge
on the bench, yet ordinarily the judges are
always accessible. They are there; and in
any case of great emergency which addresses
itself with sufficient force to the discretion of
the judges, they can give prompt attention.
But when their dockets are overcrowded, a
thousand to twelve hundred cases on the
docket going over from one term to another,
in spite of the utmost diligence on the part of
the justice, I say it amounts practically to a
denial of justice to provide a system by which
there shall be no increased judicial force in
that city.
in view of that fact, and to obviate another
difficulty, the committee have reported a sys-
tem somewhat different. They have consolidated
the four courts into two, but have pro-
vided three judges on the bench in each of
these courts; so that in fact, while there are
but two courts, there are six judges; whereas
under the system proposed by the amendment
there are four courts and yet but four judges.
The operation of that, with the other part
subsequently given in the report of the com-
mittee, is to provide that practically there
may be six courts sitting at a lime. There
being six judges, it is provided that they
shall sit on the bench as a full bench in the
hearing of important trials, in the hearing of
motions, and in the distribution of business
among themselves; yet they may sit in dif-
ferent departments of their business separate-
ly and thus transact their business. I am
satisfied that the report, as it comes from the
committee, will promote very much more the
ends of justice in the city of Baltimore than
is possible to be attained under the system
proposed by the amendment. I hope there-
fore that the amendment will not prevail.
I have but one purpose in advocating the
amendment; and that is to secure prompt
justice and the speedy trial of all causes in
the courts of that city, which affects any citi-
zen of that great commercial and mercantile
community to an extent which it is almost |
