Mr. HEBB. This section merely provides
that the present judges shall continue to act
as circuit judges, in the districts in which
they reside. And it then provides for the
election of judges in those districts in which
none now reside.
Mr. PARRAN moved to amend by inserting
after the words "until their successors are
elected and qualified," the words, "or until
they shall have attained the age of seventy
years."
The PRESIDENT. I think that provision is
contained in the general provisions of this
report.
Mr. MILLER. That does not apply to
judges who hold over; only to those who may
be elected under this new constitution. Un-
der the present constitution there is no limita-
tion in regard to age upon the circuit judges.
Mr. STIRLING. I at first felt inclined to
vote for this amendment. But if there is no
such restriction in the present constitution in
regard to those judges who holdover, if we
adopt this amendment we shall be imposing
a restriction upon these judges, which did
not exist when they were elected. I shall
therefore not vote for this amendment.
Mr. CHAMBERS. An observation has been
made here which requires correction. It has
been said that the old constitution made no
provision in regard to the age of the district
judges. Now so far as the printed constitu-
tion is concerned that is true; but so far as
the action of the convention is concerned that
is not the fact. The convention did pass upon
that subject; there is no mistake about it;
the journal will show it. But in the hurry
and confusion of winding up, and such a
hurry and confusion as I suppose was seldom
witnessed in a legislative body—in the great
anxiety to get off by the particular day and
hour appointed, the constitution was in point
of fact left unfinished, in the hands of a com-
mittee; and this portion of it was omitted.
That is the fact; this provision passed the
convention without any sort of difficulty, by
a majority equal to that which passed the
provision in regard to the age of the other
judges. But it was not inserted in the con-
stitution.
The PRESIDENT. And therefore was not
voted upon by the people.
Mr. CHAMBERS. And there is justly no pre-
cedent to be claimed on that subject.
Mr. STIRLING. It is a mere question as to
what constitutes the constitution; whether
what is to be found in the journal of the con-
vention, or what is in the recorded copy of
the constitution, is the law under which we
are now living.
The PRESIDENT. The constitution as printed
was that which was ratified by the people.
The question was then taken upon the mo-
tion of Mr. PARRAN, to insert the words, "or
until they shall have attained the age of sev-
enty years," and it was rejected. |
The amendment was then taken upon the
section as proposed by Mr. HEBB, and it was
adopted.
Mr. THOMAS moved to insert the following
as an additional section in relation to the
judges of the courts of Baltimore city :
"Sec. —. The present judges of the several
coarts of Baltimore city shall continue to act
as such until the expiration of the terms for
which they were respectively elected, and
until their successors are elected and quali-
fied."
The question being taken upon the section,
it was adopted.
Mr. HEBB. On one of the days when this
report was under consideration, the following
additional section was adopted, on motion of
the gentleman from Baltimore city (Mr.
Thomas: )
"Sec. 24. In case of the death, resignation,
removal or other disqualification of a judge
by the courts of this State, the governor by,
and with the advice and consent of the sen-
ate, shall thereupon appoint a person duly
qualified to fill said office, until the next gen-
eral election for members to the general as-
sembly 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."
Under another section, which the conven-
tion subsequently adopted, the terms of some
of the judges will expire on the year when
county officers are elected, it will therefore
be necessary to amend this section.
The PRESIDENT. As the section has already
been adopted, it must be reconsidered before
it can be amended.
On motion of Mr. HEBB,
The vote by which the foregoing section
was adopted was reconsidered.
Mr. HEBB then moved to amend the section
as follows: strike out the words " for mem-
bers of the general assembly thereafter," and
insert " thereafter whether for members of the
general assembly or for county officers,
which ever shall first occur."
The question being then taken on the
amendment of Mr. HEBB, it was adopted.
The section as amended was then adopted.
On motion of Mr. HEBB,
The following additional section was
adopted:
" Sec. 38. Ill the event of a vacancy in the
office of a justice of the peace, the governor
shall appoint a person to serve as justice of
the peace for the residue of the term; and in
case of a vacancy in the office of constable, the
county commissioners of the county in which
the vacancy occurs, or the mayor and city
council of Baltimore, as the case may be,
shall appoint a person to serve as constable
for the residue of the term."
Mr. GALLOWAY moved to reconsider the |
