The report was then ordered to be engrossed
for a third reading.
BIENNIAL SESSIONS.
Mr. MILLER. I ask for information whether
the legislative article as a whole is before the
house?
The PRESIDENT. No, sir; it is divided into
three reports.
Mr. MILLER. Is any part of it before the
house ?
The PRESIDENT. The report of the com-
mittee on usury is still unacted upon.
Mr. MILLER. If that report is before the
house, or if it is in order, I should like the
sense of the house to be taken, in order to
put myself right upon the record, upon the
proposition for which I voted at the time for
the purpose of moving a reconsideration; the
question whether the sessions of the legisla-
ture shall be annual or biennial. I hope,
having voted for it for the purpose of reconsideration,
that there will he no objection to
a vote of the convention upon if.
The PRESIDENT. The gentleman can offer
an order to go upon the journal.
JUDICIARY REPORT.
On motion of Mr. PUGH,
The rules were suspended in order to place
the judiciary report upon its third reading.
Tire title having been read.
Mr. CUSHING moved that so much be con-
sidered the third reading of the report.
Mr. STOCKBRIDGE. I hope that motion will
not prerail This report is a long one. it is
known to all sides of the house that this is
not at all the system which was reported, but
was made up, on successive days, from an
endless amount of amendments, more amend-
ments than improvements I fear. That how-
ever is with the convention, and I do not im-
peach their judgment in the matter. But
these amendments have been put together,
and I greatly fear there may be incongruities
in the report, I think that in order that it
be perfected as a system, it is essential that
we shall go over it, reading it in detail. I
certainly do not propose to offer any amend-
ment to it in substance; only what may seem
absolutely necessary to harmonize one sec-
tion with another, if any amendment should
be found necessary. I think it is important
that for that purpose it should be read over.
Mr. MILLER. I would be in favor of that,
but that the committee of revision will have
that very thing under their charge; and they
have power to make a report making such al-
terations and dovetailing it together in any
way they please. I think if this long report is
read over here in convention, there will not
be more than two or three that will pay much
attention to it.
The motion was rejected.
The secretary proceeded to read the report
section by section.
67 |
The 8th section having been read as fol-
lows:
" Sec. 8. The genera] assembly shall pro-
vide for the trial of causes in case of the dis-
qualification of all the judges of the circuit,
to hear and determine the same, but in case
of such disqualification, the parties thereto
may, by consent, appoint a person to try the
same; and the parties to any cause may sub-
mit the same to the court for determination
without the aid of a jury."
Mr. STOCKBRIDGE (by unanimous consent)
submitted the following amendment:
Strike out the words "all the judges
of the circuit" and insert " the judge of the
circuit, or of the superior court, court of
common pleas, circuit court or criminal
court in Baltimore city,"
The amendment was agreed to.
The 16th section having .been read as fol-
lows:
"Sec. 16. The salary of the justices of
the court of appeals shall be $3,000 per an-
num, payable quarterly,"
Mr. MILLER said: There is a slight verbal
inaccuracy in this section, and I ask the
unanimous consent of the convention to
move to strike out the word " three" and in-
sert the word " five." [Laughter.]
Objection was offered,
Mr. STOCKBRIDGE. In this same section,
in which the gentleman discovers that inac-
curacy, the judges of the court of appeals are
called justices, while in other places they are
called judges,
Mr. CHAMBERS. It is an error in section
15. It was intended that the designation
should be justices of the court of appeals; and
1 move that it be corrected.
There being no objection, the word "jus-
tices" was substituted for "judges" in sec-
tions 12, 13, 15 and 17.
Mr. STOCKBRIDGE. In the 18th line of sec-
tion 12, is the expression " the first Monday
of November," The law of congress reads,
" the first Monday in the month of Novem-
ber."
There being no objection the amendment
was made; and a similar amendment in sec-
tion 22.
The 25th section having been read as fol-
lows :
"Sec. 25. 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
assembly thereafter, at which time an elec-
tion shall be held as herein prescribed, for a
judge, who shall hold said office for the term
of fifteen years, and until the election and
qualification of his successor."
Mr. STIRLING said: The judges of the court
of appeals are elected for fifteen years. They |
