son: It oftentimes happens that inasmuch as
the equity court has jurisdiction over wards,
applications are made to take a ward out of
the possession of some persons not entitled
to have custody, or by a husband to get his
wife, and such cases; and I think insuch
cases the jurisdiction ought to be retained.
Mr. STOCKBRIDGE. Permit me to inquire
whether the twenty-seventh section as we
adopted it, providing for the courts, styles
that court the equity court or the circuit
court ?
Mr. THOMAS. The reason why we changed
the name from the equity court to the circuit
court is this. It has been known by that
name for years, and everybody knows the
circuit court of Baltimore city to be the
equity court. I think on that account that
the name would better remain as it is,
Mr. STOCKBRIDGE. I only desired to know
whether the change had been made. I wish
now to inquire with reference to the matter
of the habeas corpus, in reference to the de-
nial of the right of habeas corpus as embodied
in this thirtieth section in cases where the
judge of the criminal court is absent. The point
of my inquiry is this: Whether it is designed
that that judge alone shall have jurisdiction
in these cases of habeas corpus, or whether
it will be shared by other judges, and if so
by what other judges?
Mr. THOMAS. I think the judge of the su-
perior court and of the criminal court have
jurisdiction. I am not satisfied whether the
judge of the court of common pleas has or
not. I think he has not.
Mr. STOCKBRIDGE. I merely wanted to
know if we deny the power to this judge,
where it was to be vested?
Mr. STIRLING. " And shall exercise all the
power that is now or may hereafter be con-
ferred by law." That would give the legis-
lature power to control the whole subject. I
move to strike out the words "or may be
hereafter."
The amendment to the amendment was
agreed to.
The amendment as amended was adopted.
No further amendment was offered.
The next section was read as follows :
" Sec, 31, One of the judges of said court
shall sit as chief judge of the orphans' court
of the city of Baltimore, and either of the
judges may sit alone in either department of
the business of said court, but it shall be the
right of any party to an issue pending in
said court, under such rules as the court
shall fix, to require the presence of at least
two of the judge's at the trial thereof; and
no order for an injunction or the appoint-
ment of a receiver shall be passed without
the concurrence of at least two of the judges
therein."
On motion of Mr, Daniel,
The section was stricken out.
On motion of Mr. THOMAS, |
The following section was inserted as sec-
tion thirty-one:
" Sec. 31. The criminal court of Baltimore
city shall have and exercise all the jurisdic-
tion now held and exercised by the criminal
court of Baltimore, except in eases of appeals
from commissioners for opening streets, and
shall have jurisdiction in all cases of appeals
from justices of the peace in said city for the
recovery of fines, penalties and forfeitures."
SALARY OF CITY JUDGES.
The next section was read as follows :
Sec. 32. Each of said judges shall receive
an annual salary of three thousand five
hundred dollars, payable quarterly.
Mr. ABBOTT. I move to strikeout "five
hundred." The salary of the other judges
throughout the State was increased five hun-
dred dollars, and I am sure that is enough
for these. The judge of the criminal court
has always had a salary five hundred dollars
less than that of the other courts, which the
people of our city think is very improper.
We think he should have the same salary as
the judges of the other courts. His salary
now is only two thousand dollars, and
that of the other judges is twenty-five hun-
dred dollars. It seems no more than right
and proper that the judges should all receive
the same salary, and I move to make it uni-
form at three thousand dollars.
Mr. SANDS. The judges of the court of ap-
peals are to receive three thousand dollars,
and I hope the amendment will prevail. I hope
we shall not give the circuit judges a higher
salary than that of judges of the court of
appeals.
Mr. THOMAS. I think instead of decreas-
ing these it would be better to increase the
salary of the court of appeals.
Mr. SANDS. It would be rather anomalous
to fix the salary of these judges below that
which we have fixed upon for the court of
appeals.
Mr. STIRLING, I will merely suggest that
my friend from Howard (Mr. Sands) leaves
out of view altogether the fact that there is a
manifest difference between the city of Balti-
more and the counties with regard to the
amount of money it takes a man to live. 1
have very little to say on the matter. I do
not profess to be a great man myself; but if
1 should be offered one of these places, I should
not consider it much of an offer.
The PRESIDENT. Living in the city of An-
napolis is about as dear as anywhere else.
Mr. STIRLING. They do not have to live
here all the time; and it is the question of
their general expenses, I know there is not
a man of family occupying the position of
judge in Baltimore city, who can live to save
his life on $3,000 a year, I know' he cannot
live on that. I am not a very extravagant
man; I do not live in any very great splen-
dor, and I cannot. |
