decrease that salary, though paper should go
up to the gold standard five or ten years
thereafter; you would still pay the judges of
your courts a salary of $10,000. Now, I
think if the Legislature is allowed to increase
salaries to meet the difficulties which have
been suggested, they ought also to be allowed
to diminish them when those difficulties no
longer exist. If you give them power to in-
crease under certain circumstances, give them
also the power to diminish; or before the
expiration of the terms of judges who may go
into office under your new system, you may
be paying them $10,000 or $16,000 in gold,
or in paper which may be then equivalent to
gold.
I am totally opposed to any amendment
under which such abuses may exist; for under
the amendment proposed by the gentleman
from Anne Arundel (Mr. Miller) you may go
on constantly increasing the salaries, but you
can never diminish them. It is an old saw,
that it is a bad rule that will not work both
ways.
Mr. MILLER. I will meet the objection of
the gentleman from Howard (Mr. Sands) by
adding the following to the amendment—
"below those fixed by this Constitution." It
will then read—
"Nor shall the salary or compensation of
any public officer be increased or diminished,
during his term of office, except the salaries
of the judges of the courts, which shall not
be diminished during their term of office be-
low those fixed by this Constitution."
That would prevent the Legislature from
diminishing their salaries below those which
we may fix in this Constitution; but if, from
time to time, their salaries are increased to
meet the fluctuations of the currency, they
can be diminished afterwards, but not below
the standard we may fix in the Constitution.
Mr. SANDS. There is still another objec-
tion. Suppose we fix the standard of sala-
ries now according to the standard of our
paper currency to-day. Then when the de-
preciation baa passed away, what can be
done? That is the only objection I can now
see to the amendment. If my friend can
meet that objection, I think I will vote for
his amendment. We are now going to fix
the salaries upon the standard of our present
depreciated paper currency. If we could fix
in our Constitution some gold standard be-
low which these salaries should never be di-
minished, then I should be willing to go with
my friend.
Mr. PUGH. I am opposed to this amend-
ment for the very reason urged in is favor by
my friend from Howard (Mr. Sands.) I am
opposed to acknowledging in our Constitu-
tion by a single word that our currency is
depreciated. Any person who accepts the
position of judge, makes a contract with the
State to perform certain duties for a certain
salary. If he is not satisfied with the salary, |
then let him not enter into the agreement. I
am opposed to saying here that under any
circumstances there may be atime when five
dollars will not be five dollars; although I
am perfectly willing, as a matter of fact, to
admit that at some times five dollars will not
buy as much as at other times. But I am
opposed to putting in the organic law of the
State, and in this debate statements, at least
of those members of this Convention, who
are in favor of this Government, acknowl-
edging that our currency is not worth
what it professes to be worth. If a judge of
a court takes the position of a judge for so
much money a year, it is our money, it is our
currency. I am opposed to the amendment
of the gentleman from Anne Arundel (Mr.
Miller) for this reason more than any other ;
that it presupposes a possible condition which
I am utterly unwilling to admit in the Con-
stitution of the State of Maryland.
Mr. STOCKBRIDGE. I move to amend the
amendment by striking out of it all after the
word "courts," so that it will read—"ex-
cept judges of the courts." I think it is un-
necessary and injudicious to enact here that
the salaries of judges may be increased or
diminished. It will be time enough to do
that when we come to the article on the judi-
ciary.
Mr. MILLER. We will meet the same diffi-
culty in the judiciary article.
Mr. STIRLING. It seems to me that instead
of especially mentioning judges, it would be
better to amend the clause so that it would
read something like this :
" Nor shall the salary or compensation of
any public officer be increased or diminished
during his term of office, except in cases
specially authorized by this Constitution."
That will embrace every case. It looks
like an invidious distinction in favor of
judges, to mention them in this particular
manner, and it will be an unpopular thing.
It will be saying that the Legislature can
give judges what they please, but nobody
else. Make it a general provision, and not
one especially in favor of judges.
Mr. MILLER. I will accept the suggestion of
my friend from Baltimore city (Mr. Stirling,)
if this section does not bind us up when we
come to the article on the judiciary. I will,
therefore, modify my amendment so as to add
to this section, the following words :
"Except in cases specially provided for in
this Constitution."
The question was upon agreeing to the
amendment.
Upon this question Mr. PUSH called for the
yeas and nays, which were ordered.
The question being then taken, by yeas
and nays, it resulted—yeas 20, nays 30—as
follows:
Yeas—Messrs. Goldsborough, President,
Belt, Carter, Chambers, Crawford, Daniel,
Dent, Earle, Edelen, Harwood, Henkle, Hol- |
