I do not know that anything farther need
be said upon this subject; and I therefore call
for the previous question.
The call for the previous question was sec-
onded, and the main question ordered.
The question was then taken upon the
amendment of Mr. Daniel, and it was re-
jected.
The question was then taken upon section
forty-two as amended, and upon a divi-
sion—ayes 87, noes not counted—it was
adopted.
Section forty-three was then read as fol-
lows :
" The general assembly shall enact no law
authorizing private property to be taken for
public use, without just compensation, as
agreed upon between the parties, or awarded
by ajury, being first paid or tendered to the
party entitled to such compensation,"
No amendment being offered thereto,
Section forty-four was then read as fol-
lows :
" Corporations, other than for municipal
purposes, may bo formed and created under
general provisions and regulations, to he pre-
scribed by the general assembly, and shall not
be created by special act, except so far as
special acts may be necessary to authorize any
person or persons to exercise and enjoy such
corporate rights, franchises and privileges.
All laws and special acts pursuant to this
section, may be altered from time to time, or
repealed; provided, nothing herein contained
shall be construed to alter, change or amend,
in any manner the section in relation to
banks."
Mr. STIRLING. When this section was tin-
der consideration in the committee. I could
not acquiesce in the decision of the committee
upon this subject. I therefore desire to pro-
pose an amendment to this section in order to
restore it to the form in which it stands in
the present constitution.
The PRESIDENT. The gentleman will reduce
his amendment to writing, and send it to the
secretary's desk.
Mr. NEGLEY. While the gentleman is pre-
paring his amendment, I would call the atten-
tion of the convention to a very important
matter which I think they have overlooked in
the forty-second section, to which my atten-
tion has just been called. In the present cons-
titution it is provided that no officer or director
of a bank is allowed either directly or indi-
rectly to borrow money from it. That was a
very salutary restriction, which for some rea-
son or other has been left out of the section
in the report now under consideration.
Mr. STIRLING. It was left out intentionally
by the committee, because they thought it
was all wrong, and that it ought not to be
put in.
The PRESIDENT. That matter is not now
under consideration.
Mr. SMITH, of Carroll. I move to pass over |
informally the section now under considera-
tion, in order that the gentleman from Wash-
ington (Mr. Negley) may move the amend-
ment he has suggested.
Mr. STIRLING. The statement of the gen-
tleman from Washington related to the forty-
second section.
Mr. SMITH, of Carroll. I am aware of that;
but if my motion prevails then he can move
a reconsideration of the vote by which the
forty-second article was adopted.
The question was then taken upon the mo-
tion to pass over informally section forty-
four, and upon a division—ayes 32, noes not
counted—it was agreed to.
Mr. NEGLEY moved to reconsider the vote
by which the forty-second section was
adopted.
The question was then taken upon the mo-
tion to reconsider; upon a division, ayes 23,
noes 25, no quorum voted.
Mr. MILLER moved a call of the House.
The roll was called, and the following mem-
bers answered to their names:
Messrs. Goldsborough, President; Abbott,
Annan Barron, Belt, Brooks, Carter, Cham-
bers, Cunningham, Dail, Daniel, Davis, of
Charles, Davis, of Washington, Dent, Earle.
Ecker, Galloway, Greene, Harwood, Hatch,
Henkle, Hoffman, Hollyday, Hopkins, Hop-
per, Johnson, Jones, of Somerset, Keefer,
Kennard, King, Larsh, Lee, Mace, Markey,
McComas, Mitchell, Miller, Morgan, Mullikin,
Murray, Negley, Nyman, Parker, Pugh, Rus-
sell, Sands, Schley, Smith, of Carroll, Smith
of Dorchester, Sneary, Stirling, Stockbridge,
Swope, Wickard, Wooden—53.
A quorum being present,
On motion of Mr. STOCKBRIDGE,
Further proceedings under the call were
dispensed with.
Mr. NEGLEY. I hope this Tote will be re-
considered. On examination, I find that one
of the most important features in that section
has been entirely stricken out, and it is this :
" And upon the further condition that no
director or other officer of said corporation
shall borrow any money from said corpora-
tion; and if any director or other officer shall
be convicted upon indictment of directly or
indirectly violating this article, he shall be
punished by fine or imprisonment, at the
discretion of the court."
I have nothing at all to gain personally by
inserting this in our proposed constitution;
but I am satisfied that it is a very salutary
restriction. Persons say it may be violated
by borrowing from each other, that the di-
rectors of one bank can go to any other bank.
If they do, they must go in the regular way
and have their notes properly indorsed.
That section has not been violated within
my knowledge.
Without such a restriction as that, it is pos-
sible for the board of directors, the officers
of an institution, absolutely to borrow all |
