of the several courts, whether in the four
courts, or in five, including the orphans'
court, may be indefinite. My amendment
was to strike out the words ''superior court
and of the circuit court" and to insert "court
of common pleas and of the criminal court,"
the two courts which review magistrates' de-
cisions.
Mr. DANIEL. I will accept that.
Mr. HOFFMAN. I hope the amendment will
be adopted that the justices of the peace may
be elected by the people.
Mr. THOMAS. The only objection I have to
the amendment moved by my colleague to the
original section, is this. It appears to me to
give too much power to one man. In your
counties the circuit judge appoints all your
magistrates. And the judges in Baltimore
city appoint all the magistrates of the city,
some twenty-five in all. It appears to me
that taking that power out of the hands of
the people and putting it into the hands of
one or two men is giving too much power to
one or two men.
Mr. BRISCOE gave notice that at the proper
time he would submit the following amend-
ment to the original section :
Strike out section 37 down to the word
" require," in the sixth line and insert :
" The county commissioners of the several
counties of this State shall appoint in each
election district of the several counties, and
the orphans' court of the city of Baltimore
shall appoint for the city of Baltimore, such
number of justices of the peace, as the wants
and interests of the people may require."
Mr. DANIEL. One word with regard to
giving the judges the appointment in the
counties of the State. I think he is an emi-
nently proper person to appoint these magis-
trates, because it has been said that the judges
review the decisions of the magistrates, it is
known that under the old constitution the
governor appointed. We have thought it
better to put it into the hands of the judge,
because the judge, being generally a resident
of one county, and having intimate knowledge
of the people of the counties, can easily ap-
point people capable of serving properly.—
As he has to review their decisions, both
criminal and civil, it will be for the interest
of every judge sitting on the bench to appoint
such men as magistrates as will do justice to
both the civil and criminal jurisdiction given
to them. The judge will necessarily have in-
formation, sitting in the county three or four
terms every year; and especially as we are
increasing the number of circuits, his knowl-
edge will be almost as intimate as that of any
man in the county; and besides he can call
to his aid men whom he knows in the county.
I think that it ought to be taken out of the
hands of the people at this time, and indeed
for all coming time they ought to be appointed
instead of elected.
Mr. RUSSELL. I hope the section reported |
\
by the committee will be adopted. I think
the people in the county I in part represent
are perfectly sick of the election of magistrates
and constables, and would like to see it chang-
ed. I think the plan of appointment by the
judge a very good one, and I should like to
see it adopted.
Mr. AUDOUN demanded the yeas and nays,
but they were not ordered.
Mr. STIRLING. This amendment is perfect-
ly proper, it does not decide anything at
all, but is merely to perfect the original sec-
tion. It is necessary to change the language
of the section because it lo inconsistent with
what the house has already done.
Mr. AUDOUN. I desire to say to the house
that this amendment instead of providing for
the election of magistrates provides for their
appointment.
Mr, STIRLING. No, sir; it does not provide
either for their election or appointment. The
report of the committee provides for their ap-
pointment, but this amendment is merely a
verbal change in the report, striking out cer-
tain judges and inserting others; and has no
effect whatever upon the question of their appointment,
The amendment submitted by Mr. STOCK-
BRIDGE, and accepted by Mr. DANIEL, was
adopted.
Mr. BRISCOE submitted the following amend-
ment :
Strike out section 37 down to the word
" require," in the sixth line and insert:
" The county commissioners of the several
counties of this State shall appoint in each
election district of the several counties, and
the mayor and city council of the city of Bal-
timore, shall appoint for the city of Baltimore,
such number of justices of the peace as the
wants and interests of the people may re-
quire."
Mr. BRISCOE said: I propose this amend-
ment because I re-ally believe that so far as
the selection of justices of the peace is con-
cerned, the appointment of the court could
only be suitable in the community in which
the judge resides, in the ordinary course of
things the judges are not presumed to be ac-
quainted with the people of their whole cir-
cuits. I think it is betier therefore to leave
it to the county commissioners, who are in-
timately acquainted with the men in every
section of the county, and who I think could
more efficiently perform the duty.
Mr. STOCKBRIDGE. At the time this report
was made there was a report pending before
us which provided for the appointment of
constables in another way. As it now stands
they are nowhere provided fur. I suggest to
the gentleman to insert the words ' 'and con-
stables" after the words "justices of the
peace," so as to read ' 'justices of the peace
and constables."
Mr. BRISCOE modified his amendment ac-
cordingly. |
