advice and consent of the senate shall ap-
point such number of justices of the peace,
and the county commissioners of the several
counties, and the mayor and council of the
city of Baltimore shall appoint such number
of constables for the several election dis-
tricts of the counties and wards of the city
of Baltimore as are now or may hereafter be
prescribed by law, and justices of peace and
constables so appointed shall be subject to
removal by the judge having criminal juris-
diction in the county or city, for incompe-
tency. wilful neglect of duty, or misdemeanor
in office, on conviction in a court of law.
The justices of the peace and constables so
appointed and commissioned shall beconserv-
ators of the peace, shall hold their office for
two years, and shall have such jurisdiction,
duties and compensation subject to such
right of appeal as hath been heretofore ex-
ercised, or shall be hereafter prescribed by
law."
The amendment was agreed to.
The question was stated upon the adoption
of the section as amended.
Mr. THOMAS demanded the yeas and nays,
and they were ordered.
The question being taken, the result was—
yeas 38, nays 19—as follows :
Yeas—Messrs. Goldsborough, President;
Abbott, Annan, Audoun, Baker, Bond,
Chambers, Cunningham, Cushing, Daniel,
Earle, Farrow, Galloway, Greene, Hatch,
Hebb, Hollyday, Hopkins, Hopper, Lee, Mar-
key, McComas, Miller, Mullikin, Murray,
Nyman, Purnell, Russell, Schley, Scott,
Smith, of Worcester, Stirling, Stockbridge.
Swope, Sykes, Thomas, Todd, Valliant—38.
Nays—Messrs. Billingsley, Blackiston,
Briscoe, Davis, of Washington, Duvall,
Ecker, Hoffman, Keefer, Kennard, King,
Larsh, Morgan, Negley, Parker, Parran,
Sneary, Turner, Wickard, Wooden—19.
When his name was called,
Mr. THOMAS said: For the purpose of mov-
ing a reconsideration I vote." aye."
The section as amended was accordingly
adopted.
Mr. TODD. I move that the convention
adjourn.
Mr. MILLER. I move that the order pro-
viding for three sessions a day be rescinded.
Our experience this afternoon has shown that
we cannot get along without the journal be-
fore us. When we take a recess the journal
goes into the hands of the printers.
Mr. STOCKBRIDGE. There are but two more
sections in this report. It will take us but a
few minutes to dispose of them.
Mr. THOMAS. I move that the convention
take a recess.
The question being taken upon the motion
to take a recess, it was rejected.
Mr. CHAMBERS. I ask for an explanation
of the ruling upon the order about the ad-
journment. We have voted in every sort of |
way about adjournment. We have voted to ad-
journ from Friday to Monday in defiance of
the order. We have voted to adjourn from
one morning to the next morning in defiance
of the order, and now I understand that the
chair refuses to receive a motion to adjourn
in consequence of the order.
The PRESIDENT. No), sir. The gentleman
from Kent misunderstands. There were
two motions pending—one to adjourn, car-
rying the convention over to to-morrow
morning, and the other to take a recess, car-
rying the convention over until eight o'clock
this evening. The latter motion the chair re-
garded as a privileged question, being in ac-
cordance with the order adopted by the
house, and therefore took the vote on that
question.
Mr. BRISCOE. I move that the convention
adjourn.
Mr. STIRLING. What effect will that have ?
The PRESIDENT. it will carry us over un-
til to-morrow.
Mr. STIRLING. Is that in order?
The PRESIDENT. Yes, sir.
Mr. DANIEL. I thought that when we had
solemnly adopted an order it had to be re-
scinded by another order.
The PRESIDENT. It is not a standing order
of the house. The order is a determination
of the house to hold three sessions a day.
The house can now determine otherwise.
The order is operative only so long as it is the
pleasure of the house,
Mr. DANIEL. Can it be departed from by
a mere motion ?
The PRESIDENT. A motion, to adjourn is
equivalent to a motion to suspend the order
for to-day and to adjourn, if the house de-
sires to hold three sessions to-day it can do
so.
Mr. MORGAN. I ask leave to offer an
order.
Mr STOCKBRIDGE. Is that in order ?
The PRESIDENT. Not without a suspension
of the rules.
Several members objected.
Mr. DANIEL. Has not the chair decided
that a motion to adjourn simply took us over
to the evening session ?
The PRESIDENT. Yes, sir. But the
chair was in error at that time. A motion
to adjourn is always in order, and it will
take the house over until to-morrow morning.
Mr. ABBOTT. What becomes of the order
to hold an evening session if the house ad-
journs?
The PRESIDENT. It is suspended pro tanto,
only for that evening. It does not prevent
the operation of the order to-morrow. It
still stands to-morrow just as operative as it
is to-day. To rescind the order would re-
quire a notice of one day,
Mr. DANIEL. I give notice that if the mo-
tion to adjourn shall be voted down, I shall
move to take a recess until eight O'clock. |
