justice, and to make it as little expensive as
possible to the State and to suitors.
I am not accustomed to make vague state-
ments as to what my constituents want in
any matter, or what are their sentiments, or
that sort of thing. I come here to use my
best judgment, and I propose to do it. And,
although I have had interviews with judges,
attorneys, and citizens, I do not think this a
proper place to detail such private conversa-
tion. Had I no reason to sustain my posi-
tion, I might fall back upon that. At pre-
sent, I shall not. It is true, I have no doubt,
that a judge who has done business in a par-
ticular way, who has settled into a particular
rut, may prefer to continue in that cider-mill
round, to going out of it and taking a dif-
ferent course. I know that office-holders all
over the State have a desire, almost without
exception, that we shall make no invasion
upon their particular offices, save to increase'
their salaries. But I submit that it is not a
sufficient ground for the retention of the pre-
sent system.
It is true that equity business—I will not
make it a personal matter with the present
judge—cannot be done in the superior court
of Baltimore city, 'My colleague in one
breath said the reason was that the judge of
that court had other business which engrossed
his time, and in the very next breath he said
the judge sat there with his bailiffs only and
nothing to do.
Mr. STIRLING. I can explain that perfectly
well, it the gentleman will allow me. I was
stating the facts.
Mr. STOCKBRIDGE. So am I stating facts.
I will make the explanation myself. I do not
require the gentleman's help. The jurisdic-
tion conferred upon that court, its equity
jurisdiction, is entirely concurrent with the
circuit court, in every case which can go
to the circuit court it is optional with the
person bringing the suit to go into the cir-
cuit court or into the superior court. It has
then jurisdiction in all replevin cases where
the value of the article replevied is above
$100, and in all magistrates' lien cases be the
matter small or great, from $5 up to $50,000;
and in all civil cases where the amount in-
volved is above 1500,
Let any gentleman, however, urgent his
business, apply to that court for an injunc-
tion; and what is the result? The judge can
say, and since this constitution has been in
operation judges have said in most important
and pressing cases: "Certainly you have the
right to ask me to attend to this business if
you choose, instead of going to the other
court; and I am bound to attend to it; but
I must attend to it when I can. I am in the
trial of a case, and I may get; through it
next week or week after next; and then I
will attend to your injunction matter." What
is the result? Practically I say that is a de-
nial of justice. |
Then again, an attorney has an equity case
in the circuit court which he wishes to bury
up forever. What course shall he pursue to
prevent its coming to trial? Time is the ob-
ject for which he is fighting. He transfers it
to the superior court. There are cases now
buried up in that superior court just in that
way, by persons desirous of getting them
disposed of and transferred to that court for
no other reason than to give them asepulture
almost without hope of resurrection before
the crack of doom. If you are to try them
you have to go through the same form, and
the same amount of formality as in the court
of appeals; have the record printed, .have
your brief prepared and printed, and go
through the first trial from printed notes
and a printed brief, and the delay and ex-
pense thereof, provided you can ever get the
judge to consent to enter the trial of that
cause.
1 say, and I submit it to the calm judgment
of gentlemen, that the system proposed is in-
finitely better than this. Where is the diffi-
culty in assigning the entire equity jurisdic-
tion to a single court which has indeed three
judges, which will apportion the business,
saying to A, yours is the administration of
the criminal business of this court; and to
B and to C, if yon please, yours is the ad-
ministration of the equity business?
It is inconceivable but they will adopt cer-
tain rules and regulations by which suitors
coming on pressing business shall not go to
B, and failing to get a reply from him, go to
C, to dodge between the two courts and get
a divided ruling on the subject. I cannot
conceive of any judge fit to be upon the
bench, that has not system, dignity, and
character enough to prevent such a state of
things,
Then as to coupling these jurisdictions, 1
am free to say it was for convenience only.
it was the only coupling which did not seem
to render more courts necessary. And I will
say here that some of the most reputable and
highly respectable members of the profession
in the city of Baltimore have urged that all
should be consolidated into one court. Only
yesterday I received a letter from a highly in-
telligent gentleman who apologized for ob-
truding his advice, and urged in the most
strenuous manner the importance of putting
it all into one court with the same power of
apportioning and distributing the business.
What is the incongruity of coupling together
these two jurisdictions? Every circuit judge
throughout the State, outside the city of Bal-
timore, has both these jurisdiction, and in
addition to that all the jurisdiction that is
given to the other courts, in replevins, liens,
and in all civil controversies, and actions for
debt or damage, all of them are put into one
hand. Here they are put into two distinct
courts; and these courts are redivided, so
that it is only when counsel is desired, and it |
