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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1641   View pdf image
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1641
there were no other reason, the very fact that
there is no apparent necessity for prolonging
the time of which there is no complaint is
sufficient to induce me to vote for retaining
the present term of two years.
Mr. DANIEL. I wish to express my appro-
bation of what has been so well said by the
gentleman from Howard, as well as the gen-
tlemen from Baltimore city and Frederick.—
If we look at deputy sheriffs who expect to be
elected as sheriffs at the next term, and a great
many of them are electioneering for it, there
is a temptation to these men very frequently
not to make their collections as they ought to
do. I think the same reason would operate
as well as the reasons which have been as-
signed, upon the sheriffs; that there would be
every inducement for them to delay their exe-
cutions, if they have held out to them by these
very men from whom they are to collect,
that they will support them at the next elec-
tion.
Inaddition to that, this office is a very re-
munerative one in every county and the city
of Baltimore; because in nearly every county,
if not in every county, they have the taxes to
collect in addition to the regular amount of
the sheriff's duties. This makes it an impor-
tant office. Not only the sheriffs themselves
are interested in this, but their bondsmen. I
apprehend that if you prolong the term to
four years, and put the collection of taxes in
the hands of the sheriff, he will find it very
difficult, for a term of tour or eight years, to
get bondsmen. My experience is that nearly
every sheriff in the State comes here and asks
additional time to make his collections after
he has gone out of office. Hardly a sheriff
finishes up his work without asking additional
time. And yet you propose to put him in
another term, and to make the term four
years.
it is a significant feet that where the sheriff
is appointed, he is appointed annually; show-
ing that there is some good reason for making
the term short; and the reason is this, that
they should make up their collections, and re-
lieve their bondsmen, and go out of office for
a term; and then if they have been good
sheriffs they can be put in again.
The amendment was rejected.
On motion of Mr. MCCOMAS, (seconded by
Messrs. ANNAN and ABBOTT, )
The vole by which the amendment submit
ted by Mr. THOMAS was adopted, was recon-
sidered.
The question recurring upon the adoption of
the amendment submitted by Mr. THOMAS, to
strike out the words "and shall be ineligible
for two years thereafter,''
It was rejected; leaving the section as re
ported by the committee.
No further amendment was offfred.
The next section was read as follows;
Section 39. Coroners, elisors and nota
ries public may be appointed for each county
67
and the city of Baltimore, in the manner, for
the purposes, and with the powers now fixed
or which may hereafter be prescribed by law.
No amendment was offered.
Mr. •HEBB submitted the following amend-
ment:
At the end of the twelfth section insert:
" The present chief justice and associate
justices of the court of appeals shall continue
to act as such until the expiration of the term
for which they were respectively elected, and
until their successors are elected and qualified •
and an election for a judge of the court of ap-
peals, to be taken from the fourth judicial
district shall be held on Tuesday next after
the first Monday of November, eighteen hun-
dred and sixty-four."
The amendment was adopted.
Mr. HEBB submitted the following amend-
ment :
Insert as an additional section the follow-
ing :
"Section 24. In case of the death, resignation,
removal or other disqualification of a
judge of an orphans' court, the governor, by
and with the advice and consent of the senate,
shall appoint a person duly qualified to fill
said office for the residue of the term thus made
vacant."
The PRESIDENT. It is my impression that
a provision of that sort has been already
adopted.
Mr. HEBB. No, sir; not for the orphans'
court. This is to provide for filling a va-
cancy in the orphans' court.
Mr, THOMAS. On page 535 of the journal
the gentleman will find that a section sub-
mitted by myself was adopted :
"Mr. THOMAS submitted the following
amendment:
" insert as an additional section the fol-
lowing:
' 'Section 24, In case of the death, resig-
nation, removal or other disqualification of a
judge by the courts of this State, the govern-
or, by and with the advice and consent of the
senate, shall thereupon appoint 8 person duly
qualified to fill said office until the next general
election for members to the general assem-
bly thereafter, at which time an election
shall be held as herein prescribed, for a Judge
who shall hold said office for the term of fif-
teen years, and until the election and qualifi-
cation of his successor."
" Decided in the affirmative."
Mr. HEBB. That provides for ajudge to be
elected for fifteen years. I hardly suppose
we want a judge of the orphans' court to be
elected for fifteen years.
Mr. SCHLEY, I will call the attention of
- the convention to a clause in the article on
the executive department, authorizing the
governor to appoint, by and with the advice
and consent of the senate, all civil and milita-
ry officers whose appointment or election is
got otherwise herein provided for, unless a


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1641   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


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