every officer will say he does not come under
it.
The PRESIDENT. The gentleman is mistaken
in that respect. A very large revenue is de-
rived from that source.
Mr. STIRLING, By the last report we re-
ceived $5,000.
The PRESIDENT. The gentleman is mista-
ken, The county of Frederick produces more
than that.
Mr. STIRLING. What office ?
The PRESIDENT. Register in the county
clerk's office.
Mr. STIRLING. That is exactly what I say.
That is all provided for by law by another
provision of the constitution. If the chair
will allow me I will explain that. There are
other sections providing that no clerk or reg-
ister shall pet more than $2,500, and that the
excess shall be paid over. That is perfectly
independent of this section. There are va-
rious acts of assembly making such provision,
It is true that there are certain officers who
have not complied with the provisions of this
section; but if they have not complied, it
has been the fault, not of the law, but of the
practice under the law. The law as it stands
works this public injustice. It takes out of
the pockets of the several counties and the
city of Baltimore, money drawn from their tax
payers, and puts it into the treasury of the
State. Take the office now held by my col-
league (Mr. Thomas,) in the city of Balti-
more. The fees of the State's attorney in Bal-
timore city are paid partly by those parties
arrested and tried, and partly by the city of
Baltimore, a very small portion by criminals,
because criminals in general have very little
money and do not pay the costs, but chiefly
from the municipal treasury of the city of Balti-
more. The fees altogether amount to four or
five thousand dollars a year. The excess over
$3,000 which the State's attorney receives,
he is required under this provision to pay in-
to the State treasury. It is a yearly taxation
of the city of Baltimore to the extent of
$1,500 or $2,000 as the case may be, for the
benefit of the State treasury. The officer is
first required to pay his own salary, and the
excess he is required to pay into the treasury of
the State. So it is with the sheriffs. Alarge
portion of their fees are paid by the county ;
but the excess is not paid into the county but
into the State treasury. If there is an excess,
it inures not to the benefit of the county but
of the State. On what principle should the
State thus tax its own municipalities and sub-
divisions? That is the result of this policy ;
for nine-tenths of all these fees come out of
the treasury of the several counties. The fees
of the clerks are different,
The PRESIDENT. If you change this you
will have to increase the taxation by this
amount.
Mr. STIRLING. At any rate the counties
should have the right to retain what is raised |
from their own taxation. The tax-payers
pay these fees, and they are paid over lo the
officer, and the officer pays them over to the
State. I say this is robbing the counties for
the benefit of the State treasury. The city
and counties ought to pay their portion of
the State fax uniformly. This is an unequal
mode of raising taxes for the benefit of the
State. But in the case of clerks and registers
it is perfectly fair; for they get their fees out
of suitors, and it is an indirect mode of State
taxation, perfectly proper. That is already
covered by previous legislation. This section
only embraces two or three classes of officers,
and in these cases the city and county officers
are taxed for the benefit of the State treasury.
This money comes out of the pockets of the
counties and of the city, and if you wish to
provide that no officer shall receive more than
$3.000, he ought to pay back the excess where
he got the excess; and not receive the ex-
cess from the counties and pay it here. 1
shall therefore vote most unquestionably for
the amendment of my colleague.
The amendment was rejected.
Mr. CLARKE, The amendment was in the
ninth line; and that only raises the ques-
tion where the returns shall be made. The
twelfth line, I think, would be the proper place
to offer the amendment to raise the question
where the money should be paid.
Mr. RIDGELY. It is precisely the same
question.
The PRESIDENT. One makes the return,
and the other the payment.
Mr. THOMAS. I do not think 'it is the same
question.
The PRESIDENT. No; it is not the same
question.
Mr. STIRLING submitted the following
amendment:
After the word " direct " in line 5, insert :
"But such portion of such excess as has
been paid by any county or the city of Balti-
more shall be paid over by the treasurer of the
State to such county or city respectively.
Mr. STIRLING said: It is proper to account
to the State, to show the State where the
money came from; and then it is proper that
the State treasurer should pay it back to the
counties of the State from which he received
it.
The PRESIDENT. I should think there was
enough of that business already in that de-
partment. To receive money from the city
of Baltimore, for instance, and pay it right
back to the city is a work of perfect and en-
tire supererogation. It only imposes upon
the comptroller of the State a burden, from
which the State does not get a tenth of a cent
advantage.
Mr. STIRLING. No, sir; the State may get
cheated, if it is not so.
The PRESIDENT If they would cheat the
county authorities, they would cheat the
State. |
