tually it all comes from the residents of the
county.
Mr. RIDGELY. From the particular parties
of the' particular transactions.
Mr, CLARKE, Certainly; but it comes out
of the pockets of the residents of the county.
Mr. DANIEL. The gentleman says that it
pretty much all comes out of the pockets of
residents if plaintiffs always gained their '
suits, this might be so; but the plaintiffs
frequently lose, as they gain, and then it comes
out of the pockets of the plaintiffs, who may
becitizens of Baltimore, or New York or Philadelphia.
When the cases go against the
plaintiffs, a great deal of the costs come out
of the pockets of non-residents of the .Stile.
I fear the practical operation of this would
be in the end to take so much out of the treas-
ury, for I far it would ultimately remain in
the pocket of the officer who is to pay it, and
now does pay it over to the State; because I
fear that if it went to the counties and the
city of Baltimore, there would be constant
petitions to remit these moneys; and it would
be much more likely to be remilted to the
county officers or the city authorities if the
change was made. The result would be there-
fore to take so much out of the treasury and
to give it to the officers,
Mr. CHAMBERS. My friend from Prince
George's (Mr. Clarke) seems to have forgotten
one thing. While the surplus fees are
paid into the State treasury, lie does not seem
to have recollected that there is but a small
return for the excessive costs which are ex-
pended by the State in the creation of those
offices. His county has one judge receiving."
$2,500 or $3,000.'
Mr. CLARKE. We have not one judge.
Mr. CHAMBERS. The two counties then have
a judge; and of course there is expended by
the Suite in that county but half that sum.
How much is expended in Baltimore, where
the great bulk of these fees are? Will the
fees pay it? Your county helps to pay it.—
My county everybody's county helps to pay
these salaries. The resident of the coun
ties pays these taxes. He pays at tax on his
horse, a tax on his negro I was about to say,
but that is a gone business, a tax on his land.
This is all paid by the individuals in the coun-
ties, and it goes into the treasury of the State.
There is no return of it to the parlies, as the
gentleman from Baltimore county (Mr. Ridge-
ly) has shown. If it were to be returned to
the parties, there might be some justice in it,
But you do not return it lo the parlies. The
man who never had a suit in his life. gets as
much benefit from the surplus being returned
to his county as the man who helped to pay
the fees. It seems lo me that the only proper
way, simply as an net of justice, is to pay it
into the treasury of the State, We of the
email counties are all taxed to help to pay the
salaries of the judges; and when there is a
return of a surplus of receipts, I think it ought |
to be to the treasury of the State. The last
thing in the world that a delegate from the
small counties would desire, would be to
have it paid anywhere else but in the treasury
of the State,
Mr. STIRLING. The gentleman seems to sup-
pose that the State pays the expense of the
courts. The State pays the salary of the
judges, which is a very small proportion.—
The counties pay the per diem of the judges
of the orphans' courts from the count:' treas-
ury, and pay the register of wills that portion
of his fees which are not paid by suitors,
The city of Baltimore pays eight thousand
dollars to support the criminal court. The
State pays for the judge $2 000, and the city
of Baltimore pays the other expenses, 1,8,000.
All the per diem of the bailiffs, all the expense
of the witnesses) all the fees) and every con-
tingent expense,' the city pays; and it pays
nearly the whole of the State's attorney's salary.
That portion of his fees collected by the
sheriff does not amount to more than $300;
and when the State's attorney gets $4,500 he
pays it all excepting $3.000 into the State treas-
ury. Every fee on the hooks which the clerk
certifies is not collected; must be paid out of
the city treasury. I know that when I was
State's attorney I took the identical money 1
had received from the city treasury, aid paid
it into bank, and drew upon it for the benefit;
of the State treasury. I say that is taking
the money out of the pockets of the county
and the city, and paying it for no equivalent
into the treasury of the State. There is no jus-
tice or equity in it. It is not. compensated
for by paying the salary of judges. It is a
taxation without principle.
The PRESIDENT. If you abstract from the
revenue of the State a source of revenue yielding
$50,000, how are you' to replenish the
treasury by that amount? It could only be
by taxation. It amounts to the' same thing,
Mr. MILLER. This is one of those cases of
indirect taxation, which the State has always
resorted to. I think if this provision in the
old constitution had been properly enforced
and thoroughly enforced, the State would have
received a much larger revenue than the report
of the comptroller now shows. I hope that
hereafter the provision will be enforced.—
There was a species of officer alluded to the
other day, who will be reached by it—the
criers of the city of Baltimore who receive
twelve or fifteen thousand dollars.
Mr. STIRLING. There is not a word of truth
in that.
Mr. MILLER. We want the laws to be en-
forced as against all officers who come within
the provisions of this section of the constitution.
if it had been enforced as it ought to
have been heretofore, I say the revenue of the
State would have been greater, and the people
to that extent would have been relieved from
direct taxation. Abolish this source of rev-
enue to the State, and we shall have to resort |
