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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1618   View pdf image (33K)
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1618
Mr. PUGH. I want some information with
regard to this matter. I am in favor, and
have been all the time, of paying judges lib-
erally. I am therefore perfectly willing to
vote to pay the judges of Baltimore city $3,-
500; but it suggested itself to me the moment
I heard the section read that we had fixed the
salary of the judges of the court of appeals at
$3,000. I wish to know if there is anyway
of getting that subject up and increasing the
salaries of the judges of the court of appeals.
It would certainly be improper to put them
in an inferior position in respect to salary
than the judges of the lower courts, in Balti-
more city. I am in favor of giving such sal-
aries as will secure the best men fur such po-
sitions. I wish to vote in favor of making
the salary of the judges in the city of Balti-
more $3,500; but I would not like to do so
unless we reconsider our action with regard
to the court of appeals.
Mr. DANIEL. I think one way of judging
what salaries the judges ought to receive is
to look at the men and the object, which is to
get good men in the practice of the profession,
Now compare the practice of lawyers in the
city of Baltimore with that of lawyers in the
counties; and you will find on account of
the greater amount of business more than
double, treble the average practice of law-
yers in the counties. Therefore, in order to
secure a good lawyer upon the bench in the
city, you must necessarily pay more than you
would pay in the counties.
Besides, sir, they have a great deal more
work to do in the city. Our courts sit nine
or ten months in the year constantly; where-
as in most of the counties, they sit far less
time, and in a few they do not occupy four
months in the year. We have double the
amount of work to do in the city. And there
is scarcely any man in the city of Baltimore
competent to take the place of judge, who
does not receive from his practice at least
$5,000 a year.
In reference to the court of appeals, I would
like to see the salary increased; but it is
known that a number of these judges of the
court of appeals are taken, outside of the city
of Baltimore, where their practice has noth-
ing like the range of successful practice in
the city of Baltimore. Therefore it is not so
great a sacrifice for gentlemen of the court
of appeals taken outside of the city of Balti-
more as to gentlemen in the city of Baltimore
I think that is an important consideration to
look at, what lawyers in good practice get in
the particular location where yon propose to
make them judges. If their practice in the
counties is only $2,500 a year for the best
lawyers; they can very well afford to go on
the bench fifteen years for that salary. But
when the practice is $5,000 or $10,000 a year,
as it is in the city of Baltimore, they can ill
afford and will not give up that practice to
go upon the bench at $3,000 a year. I think
this is an important consideration.
Mr. RIDGELY, In relation to the last ob-
servation made by the gentleman from Balti-
more city, my experience is the very reverse.
I grant that we have got excellent judges,
the very best judges perhaps that could be ob-
tained; and yet not one of them bad, in my
opinion, a practice of $5,000 a year. I know
the very best judge we have got did not prac-
tice at all, and I think the same observations
will apply to other portions of the State.
Now I have no objection at all to giving the
judges of Baltimore city $3,500 a year, if
even-handed justice is done to all parts of the
State. In Baltimore county the judge will
have to hold the court continuously every
month in the year, and be will be employed
every day in the year, and he will have to
break up his establishment at home, and come
to reside at Towsontown, the county scat,
and will have to pay as high there for living
as he would in Baltimore city.
Mr. STIRLING. How much will it take to
rent a house there?
Mr. RIDGELY. I do not know about that.
It will cost as much to live at a hotel there,
as in Baltimore city. I am opposed to in-
creasing the compensation.
Mr. ABBOTT. The gentleman from Balti-
more county (Mr. Ridgely) has expressed
the views I entertain. In answer to the re-
marks of my colleague (Mr. Stirling,) I will
say that there is not a city in the Union where
living is so cheap as in Baltimore city.
Mr. STIRLING, la it not high everywhere?
Mr. ABBOTT. We are making a constitu-
tion for all time, not fora few years. I know
my income has not increased according to the
increase of prices. I hope soon to see things
settling down again. The increase that is
proposed to begiven now, making the salary
$3,000, is I think all that should be asked.—
I hope the gentlemen from the counties who
have to pay aportion of this tax will consider
these things well, before they vote for this
proposition.
Mr. STOCKBRIDGE. Gentlemen can get
judges for less than $3,000 dollars a year.
Mr. STIRLING. I have no doubt some could
be got for $500 a year.
Mr. NEGLEY. Why should there be a dis-
crimination made in favor of the judges of
Baltimore city and against those of the coun-
ties? I believe the work of the judge of the
court in Baltimore county will be as contin-
uous and onerous, as that of the judge of any
court in Baltimore city. And everything in
Baltimore county will be nearly if not quite
as high as in Baltimore city, and so in Fred-
erick county; and I know that in Washing-
ton county it will be pretty nearly so. Then
why make a distinction in favor of one and
against another. It has been said that the
cost of living in Baltimore city is higher than
it is in the counties. Admit it: but then


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1618   View pdf image (33K)
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