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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 38   View pdf image (33K)
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38
and report upon a uniform system of inspec-
tions.
Mr. HENKLE said: The subject of inspections
is not included in the duties of any of the
committees already provided for. It is im-
portant that in framing a new Constitution
we should provide fur a uniform system of
inspection in Maryland
Mr. MILLER. I think that subject devolves
entirely upon the committee on the Legislative
Department. If they see fit they will provide
in the new Constitution that the Legislature
shall provide a uniform system of inspection ;
and I do not think it is necessary to have a
special committee for that particular purpose.
Mr. STIRLING. I hardly think it is worth
while to make much difficulty about such
propositions. We may as well test this ques-
tion at once. It seems to me that what has
fallen from the last gentleman who has spoken
is very sound. If the subject has any hearing
at all upon the Constitution, it properly be-
longs to that committee. But I do not see
that it has any bearing at all upon the ques-
tion which we have met. here to consider. I
do not see that a Constitutional Convention,
in framing the organic law of the State, has
any business with the subject of inspections.
it is a matter of ordinary legislative discretion,
in which the Legislature ought not be con-
trolled in any way whatever. I have a very
general belief that Legislatures have about as
much sense as Constitutional Conventions. I
believe that one body of eighty or one hun-
dred men can be as safely trusted as another
body of eighty or one hundred men. In
framing the Constitution, I desire that we
should frame merely general organic law, and
enter into few details. It is a mischievous
notion that the Constitution should decide a
great many questions which it ought not to
meddle with at all. For these reasons I am
disposed to vote against this proposition. I
wish to give every question relating to mat-
ters properly belonging to the Constitution a
full and fair discussion; but I do not wish to
be placed in the position of passing unneces-
sarily upon any idea that any gentleman
wishes to have discussed.
Mr. HENKLE. It is simply upon the ground
that organic law should embrace general prin-
ciples of uniform application that I proposed
this committee, with the desire that some
general principle should control this subject of
inspections, and that the Constitution should
say that the Legislature shall provide a uni-
form system. It is not now uniform; and it
is that it may be a general uniform principle
that I desire to have it in the Constitution if
the Convention sees fit.
The order was rejected.
COMMITTEE ON USURY LAWS.
Mr. BELT submitted the following order :
Ordered, That a Standing Committee of five
members be appointed to consider and report
upon Section 49 of Article 3 of the present.
Constitution, having reference to interest and
the usury laws.
Mr. BELT said: If members will cast their
eyes over the third article of lire present Con-
stitution, having reference to the Legislative
Department, they will see that there are a
great many subjects that fall within the delib-
erations of the Legislative Committee, The
last section of that article is this :
"SEC. 49. The rate of interest in this
State shall not exceed six per cent. per annum,
and no higher rate shall be taken or demanded,
and the Legislature shall provide by law all
necessary forfeitures and penalties against
usury,"
This opens a subject which is not only of
very great consequence; but which has, since
the adoption of this Constitution, given rise to
a great deal of agitation. It has no necessary
connection with the subject of the Legislative
Department, but is at subject in itself, and one
which merits careful consideration I fear we
shall not be able to act properly in reference
to this question, unless we have a special com-
mittee appointed for that purpose. Those
gentlemen who are acquainted, as many of us
necessarily are, with the discussions and the
conflicting views upon this subject, especially
in modern times, will agree with me, I am
sure, that the consideration of that subject
solely will be sufficient to occupy one com-
mittee. I do not wish in anyway to interfere
with the number or the character of the com-
mittees that the majority may choose to order
for the proper transaction of business; but upon
consultation with gentlemen upon both sides,
I am of opinion that this subject of the usury
laws, whether or not they shall be sanctioned
by the Constitution, whether or not the leg-
islature shall be tied up in reference to the
subject, is one upon which a committee may
safely and properly be raised.
The order was agreed to.
The I resident appointed the following com-
mittee in accordance with the above order:
Messrs. Belt, Stockbridge, Schley, Billingsley
and Todd.
COMMITTEE ON CIVIL OFFICERS.
Mr. HEBB. I ask that the Convention now
act upon the order submitted by the gentle-
man from Prince George's (Mr. Clarke) on
Tuesday, to be found on page 13 of the Jour-
nail, It is:
Ordered, That a standing committee, to
consist of seven members, be appointed by the
President of the Convention, to consider and
report respecting the appointment, tenure of
office, duties and compensation of all civil
officers not embraced in the duties of other
standing committees.
This embraces a number of officers, among
others the Commissioners of Public Works—
not embraced in the duties of any other com-
mittee. I am in favor of such a committee
and I think it is very important.
Mr. BERRY of Prince George's. The mem-


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 38   View pdf image (33K)
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