Mr. DANIEL. I hope the amendment will
be adopted.
The amendment was adopted—ayes 35,
nays 17.
Mr. STIRLING submitted the following
amendment;
Strikeout the words "as the wants and
interests of the people may require," and
insert " as now are or may hereafter be fixed
by the general assembly."
Mr. STIRLING said: I prefer to leave it to
the legislature, for I think it is too large a
discretion for the county commissioners to
increase the number of justices of the peace
and constables as they may choose.
The amendment was agreed to.
On motion of Mr. STOCKBRIDGE,
The words "and constables" were also in-
serted in line eight, after the words "justices
of the peace."
Mr. THOMAS submitted the following amend-
ment :
After the word "law," in the thirteenth
line insert:
" And shall be subject to removal by the
judge of the county or city having criminal
jurisdiction, for wilful neglect of duty or
misdemeanor in office, on conviction in a court
of law."
Mr. THOMAS said: As the law now stands
the magistrates and constables are the only
two officers not removable for malfeasance.
I have myself known them to be convicted of
malfeasance in office, and pay their fines and
go to work and perpetrate the same crime
overagain. Whether elected by the people
or appointed the power should reside some-
where to remove them as we may remove
judges. For that reason I offer this amend-
ment,
The amendment was adopted.
Mr. KEEFER moved to amend the substi-
tute by inserting in the fifteenth line, after
the words "in the event of," the words "any
two or more persons who shall have the high-
est and an equal number of votes or."
Mr. AUDOUN accepted the amendment.
Mr. KEEFER moved to amend the substitute
by inserting in the eighteenth line, after the
words ''and in case," the same clause.
Mr. AUDOUN accepted the amendment.
Mr. STOCKBRIDGE. I ask the attention of
the convention to an amendment which is in
my judgment very important. I move to
strike out from the substitute offered by my
colleague (Mr. Audoun) the following words
at the close of the section :
"And the mayor and city council of Balti-
more shall have the exclusive power to create
organize and govern such police force for the
pood government of said city as they may
deem necessary."
In the first place, if such a principle is to be
enunciated or is to be adopted by the convention,
it does not belong to the section where
it is placed. It is in a section relative to jus- |
tices of the peace and constables of the State ;
and this has appended to it a clause with
.reference to the police force of the city of Bal-
timore. The first practical result of the adop-
tion of that, which I can see, would be to in-
augurate civil war in the city. It is evident-
ly designed entirely to extinguish the existing
police system of the city and to inaugurate
a new force under new conditions, but it pro-
vides, rather loosely it seems to me, that they
shall have "exclusive power to create, or-
ganize and govern such police force for the
good government of said city as they may
deem necessary." There is already there
such a police force as the general assembly
deem necessary. Are thereto be two distinct
systems in force in the city? That is the first
effect of it, that it does not extinguish the
present system, but authorizes, or rather
makes imperative upon the mayor and city
council of Baltimore to inaugurate such force
as they may deem necessary, it is entirely
different from the provision of the old con-
stitution or of any constitution that ever ex-
isted. It will not, I am persuaded accomplish
its purpose, I see nothing of value in it. 1
am perfectly willing to leave that matter in
the control 'of the general assembly. I desire
the convention to consider its practical effect.
it seems to aim to effect in a covert way what
could not be effected in an open way and
standing by itself. It is smuggled in at the
end of this very long section to which it does
not belong, and I hope it will be stricken
out.
Mr. AUDOUN, I am not in the habit of en-
gaging in "smuggling." I think if my col-
league will look at the present constitution
he will find the same provision I have offered
here as a substitute for this section contained
in the present constitution. As a representa-
tive of the city of Baltimore, representing a
certain portion of the people there, I only
ask this convention to give them the control
of their police; to give them what the coun-
ties have, the control of their police system.
1 ask nothing more. I had no other object
in view at the time I offered this substitute.—
1 do not desire, nor do I think that this con-
vention for a moment suspects me of smuggling
anything into this convention or into this
constitution.
Mr. STOCKBRIDGE. I wish merely to cor-
rect an error into which my colleague (Mr.
- Audoun) has fallen. He seems to suppose
that this provision is the same as that in the
existing constitution. I wish the convention
- to note the difference. The clause be offers
, is this:
e " And the mayor and city council of Bal-
• timore shall have the exclusive power to
create, organize and govern such police force
e tor the good government of said city as they
- may deem necessary."
e The provision in the existing constitution
- reads: |
