is thought best to have conference, that an-
other judge is called in.
This additional judge provides too against
the contingency of there being left a vacancy
upon the bench, and an inexperienced special
judge being called in to decide it may be the
most important matters. I am fully per-
suaded that while justice is not administered
under the present system,, it will be under the
system as it is re-ported by the committee, if
the convention see fit to adopt it. I do not
believe it is possible so to arrange it that it
can be administered otherwise. I am abso-
lutely sure that if the jurisdiction of the
court of common pleas be increased to $1,000,
it will be utterly impossible for any judge,
however diligent, and although he may have
a constitution of cast iron, to discharge the
business, and survive three years. It cannot
be done. it is an absolute impossibility. It
will require his labor night and day, and
without any intermission from year's end to
year's end.
Mr. AUDOUN demanded the yeas and nays,
and they were ordered.
The question being taken, the result was—
yeas 34, nays 20—as follows :
Yeas—Messrs. Goldsborough, President ;
Abbott, Annan, Audoun, Brooks, Carter,
Cunningham, Cushing, Daniel, Davis, of
Washington, Ecker, Farrow, Galloway,
Hatch, Hebb, Hopper, King, Markey. Morgan,
Mullikin, Murray, Pugh, Purnell, Ridgely,
Sands, Schley, Schlosser, Sneary, Stirling,
Swope, Thomas, Todd, Wickard, Wooden
—34.
Nays—Messrs. Blackiston, Chambers, Craw-
ford, Dellinger, Duvall, Hoffman, Hollyday,
Horsey, Lansdale, Lee, Mitchell, Negley, Ny-
man, Parker, Russell, Scott, Smith, of Dor-
chester, Smith, of Worcester, Stockbridge,
Wilmer—20.
When their names were called,
Mr. ABBOTT said: I have the very highest
regard for the opinions of my colleague, the
chairman of this committee; but it seems to
me that the change he proposes is too great
a one for our people just at this time. I am
afraid it would be no benefit to us yet. I
vote " aye."
Mr, DANIEL said: This is a matter of some
delicacy, and I have some doubt about it;
and I should like to be excused from voting.
The convention refused to excuse him;
whereupon,
Mr. DANIEL said: Then I want to say in
explanation of my vote that I agreed to this
report in committee, expecting to sustain it.
But from the opposition, as has been stated
here, by the judges themselves, and others of
the profession in the city of Baltimore, I
have been led to change my views somewhat.
Therefore I am forced to the conclusion that
the present system is perhaps the best under
all the circumstances. I therefore vote
"aye." |
Mr, PUSH said: I am free to confess that 1
am more singularly influenced on this occa-
sion in my vote than any other vole I have
cast in this convention. I vote as I do simply
because it seems to me that the majority of
the representatives of Baltimore want this
peculiar system. If they do want it, I have
no objection to their having it. I therefore
vote "aye."
The amendment was accordingly agreed
to.
No further amendment being offered, the
next section was read as follows :
"Sec. 28. The superior court of Baltimore
city shall have all the power and jurisdiction
heretofore conferred upon and exercised by
the superior court and the court of common
pleas of Baltimore city (except the equity
powers of the superior court,) subject to such
modifications as may be made by law, and
the judges shall so apportion and distribute
the business of their court as shall best facil-
itate the despatch of business and promote
the ends of justice."
Mr. DANIEL submitted the following amend-
ment :
Strike out the twenty-eighth section and
insert:
"See. 28. The superior court of Baltimore
city, shall have jurisdiction over all suits
where the debt or damage claimed shall ex-
ceed the sum of one thousand dollars, and in
case any plaintiff or plaintiffs shall recover
less than the sum or value of one thousand
dollars, he or they shall be allowed or ad-
judged to pay costs in the discretion of the
court. The said court shall also have juris-
diction as a court of equity within the limits
of the said city, and in all other civil cases
which are not hereinafter assigned to the
court of common pleas."
Mr. THOMAS. I move to add the following
amendment to the amendment :
"Provided all cases now pending on the
law side of said court, where the debt or
damage claimed is less than one thousand
dollars, shall be prosecuted to final judgment
in said court, .is though its jurisdiction had
not been changed."
Mr. DANIEL. I accept that.
Mr. ABBOTT moved to amend the amend-
ment by striking out "one thousand" and
inserting ''eight hundred."
Mr. STOCKBRIDGE. I hope that amendment
will not prevail, or that it will be voted down,
and that an amendment will prevail to strike
out "one thousand" and insert "five hun-
dred." I am satisfied that with $800 the
court of common pleas can never do the
business—never.
Mr. DANIEL. The convention has just had
a statement from my colleague upon this
floor, coming from Judge King himself, and
I know it to be correct from my own experi-
ence, that he has frequently eight weeks or
more of leisure after finishing all the business |
