some press in certain courts with reference to
the administration of the chancery jurisdic-
tion; and it would be well to relieve the supe-
rior court of part of its jurisdiction and give
it to the court of common pleas which has not
jurisdiction, and thus equalize that business
and prevent delay.
My colleague (Mr. Stockbridge) speaks of
the great difficulty in getting cases tried. I
know that Judge Martin frequently sits there
day after day with no company but the jurors
and bailiffs, ready to entertain motions at
law, because he occasionally stays on the
bench when there is no necessity for it, sitting
there frequently with no business and no com-
pany but his bailiffs. That his docket is so
full, arises from the old cases upon it which
have been retained simply because the counsel
have a right to compel a continuance, the law
divesting the judge of any control over them.
The counsel continue cases by consent, and
have got into a chronic condition of laziness.
The old cases on the docket have been there so
long that they hate to try them. I believe if
the judges had power to compel the trial of a
case, the docket would be disposed of. I
know that Judge Martin devotes sufficient
time to the work, because I know he sits
there with nothing to do; and besays himself
that he is able to transact the business.
The circuit court and the chancery court are
more obnoxious to the charge of delay than any
others. But if you relieve Judge Martin of a
part of his jurisdiction, and still give him an
equity jurisdiction, it will take equity busi-
ness off the hands of the circuit court and re-
lieve the docket of the circuit. The reason
Judge Martin has no more time to spare for
equity business is because he has so many of
the small cases on his docket; but if you strike
off all the $500 cases up to $1,000, be will have
time to spare. I think he told me that he had
a recess in his court amounting to certainly
eight weeks in the year, and I think sometimes
twelve weeks. That certainly is time enough
for transacting the business.
I know that so far as the criminal court is
concerned, the judge of that court works very
hard; but because he works hard he gets
through his docket. The criminal court fre-
quently transacts its business in three days in
the week, sitting therefrom ten till five o'clock.
The judge says he would rather work very
hard on three days than work moderately on
four. Some other judges do not prefer that
mode of business. They prefer to work from
ten to half-past two on three days, than from
ten to five or six on one day. The business is
transacted, and there is time to spare. There
are no cases continued in the criminal court
All the cases on the docket are called, and that
docket has been kept clean ever since it ha
been under the administration of Judge Bond
am not in favor of making this change
It does unquestionably run against prejudice
and it runs against interest in a great meas-
55 |
ure, although I do not regard that as of much
importance. I do regard the change as doubt-
ful. I do not wish to say any more upon it.-
1 will leave it to the decision of the conven-
tion. I believe so tar as I have ascertained
their views, it meets the concurrence of possi-
bly the entire delegation with the exception of
my colleague the chairman of the committee
(Mr. Stockbridge.) I have not been able to
ascertain the sentiments of a very large num-
ber of the members of our bar, but so far as
I have been able to learn it meets with their con-
currence; and I think the system reported by
the majority of the committee is not acceptable
to the majority of our people,
There is another consideration that occurs
to me. There is one subject I hoped to be able
in connection with this subject to bring before
the convention; and it is the fact that the sal-
ary of the judges of Baltimore city, under the
present system, in consequence of the altera-
tion of prices that has taken place, has be-
come so small that I know as a matter of fact
that one-half, if not three out of four judges
of that court are contemplating the resigna-
tion of their places and going back to the
practice of the law. We have had great dif-
ficulty in getting good men upon the bench.
We have in Baltimore now as good ajudiciary
as ever was upon the bench. We are reluc-
tant to lose them. I know they will not stay
there at the present rate of their salaries. 1
know that some of these gentlemen have been
forced to borrow money to live, since these
troubles have come upon us. With the ex-
penses that prevail in Baltimore, the high
price of fuel, the high price of everything, the
enormous rise of everything, it is impossible
for any man to occupy the position these men
do, most of them men in the maturity of life
with families around them, one of them with
no family of his own but a family dependent
upon him for support. What salaries can you
afford to give if you increase the number of
judges from four to six?
Then I cannot see how the system of three
judges is going to gain anything, with the
policy of allowing any party to demand two
judges. If you give people the right to a
bench, they will have it. No man will try his
case before a single judge, if he has a chance
to require two judges. As a practical thing,
in every case there will be two judges upon
the bench of the superior court.
There is another feature in this report. If
there is any court in Baltimore which is accept-
able to the people of that city at this present
time, it is the criminal court. You want in
the criminal court not merely legal ability, but
• executive force and unity of purpose, if yon
do not have unity of purpose the court is
i worthless, however much legal ability in the
abstract may be upon the bench. Yon dis-
. tract the judge of that court by requiring him
to exercise chancery jurisdiction; and you
- disturb that unity of purpose by putting |
