into one State, one civil government, which
was actually split up into so many diversified
interests. In the first place, the great bay
divides us into the two shores. The people
are necessarily cut off from one another in
that way. There must be certain interests
attaching to the people of the Eastern Shore
different from those which attach to the people
living upon the Western Shore. Then there
are the great commercial interests of Balti-
more city, the manufacturing interests in its
vicinity, the grain-growing interests of west-
ern counties, the mining interests of counties
still further west, and in the lower counties
of the State there is the tobacco interest.
People situated as we are in these respects
cannot be reached and have their welfare and
happiness promoted by such a system of gen-
eral government as any body of men could
frame.
That was the position our forefathers took,
and those who preceded us in these halls.
It led to the passage of local laws for one
county which would not affect the people, of
the other counties. The theory always has
been that inasmuch as my people are in some
respects differently situated from yours, inas-
much as their pursuits are entirely distinct
from your pursuits, the laws which should
govern you in order to protect your welfare
will not of necessity protect the welfare of my
constituency. That is the reason, the founda-
tion, and the strength of the theory of local
legislation that has prevailed in this State.
If I understand the gentleman rightly, he
does not far depart from my theory upon this
question; but he wishes to devolve upon local
bodies a great deal that is done in the legis-
lature. How shall I be prepared to say that
the legislature shall be stripped of these im-
portant powers, before I discover in what
local bodies these powers are to be devolved ?
How can I say that the legislature shall not
retain the power of releasing people from taxes
overpaid, or releasing collectors from their
bonds, before I know upon what authority
in the counties this is to be devolved? If
you tell me that you are to give to a board
of county commissioners the power of re-
leasing people from their obligations to the
State, instead of preserving that power in the
legislative department of the government, I
reply that the county commissioners will re-
lease every body in their own counties; that
it is too dangerous a power to confer upon
them.
After all, to look at the matter in a more
restricted way, it is a question more of legis-
lative convenience than anything else. It is
an effort to relieve the legislature from im-
proper applications. Is not that a matter we
can safely leave to the general assembly itself?
When I served here the rule was, and I pre-
sume they have had the same rule since, that
whenever there was a general law upon the
statute book to cover the case of any par- |
ticular application, the committee refused to
consider it. If there was some special cir-
cumstance existing, which took it out of the
operation of the general law, and gave it an
exceptional character and position, the gen-
eral assembly exercised its power for the relief
of the applicant.
Why not give the legislature the power?
Why put in these restrictions at all? The
general assembly have the power under the
constitution to pass any laws it pleases to
devolve powers upon the courts, or the county
commissioners. Why take from them the
power of passing special or local laws that
they now possess? It can by general laws
protect itself from improper applications.
Although it possesses the power of passing
special laws, it may pass general laws to cover
all cases which can be properly reached by
general laws. I wish to let the legislature
have the power to provide for those cases
which may not properly fall under the opera-
tion of a general law.
To carry out my view of it, although I do
not regard it necessary at all, because I think
the legislature have the power now, I move
to strike out the amendment to section nine-
teen, and to insert the following :
"The general assembly shall have power,
from time to time, in its discretion, lo pass
general laws providing for the exercise by the
courts of law or equity, or other local authori-
ties, of such powers and duties not necessa-
rily legislative in their character, having re-
ference to private or local affairs, which are
now exercised and performed by the general
assembly."
Mr. STOCKBRIDGE. That is not in order.
There is an amendment in the second degree
now pending,
The PRESIDENT. Did the gentleman from
Kent move to strike out?
Mr. CHAMBERS. Yes, sir; but I think upon
further consideration that the next item comes
in the same category, that in relation to con-
ferring the rights of citizenship upon miners
and foreigners. I do not see how general
rules can be prescribed for that. I therefore
include that in my amendment, and move to
amend by striking out the words "changing
the names of persons, conferring the rights
of citizenship upon minors and foreigners."
Mr. JONES, of Somerset. The question
presented by the amendment of the gentle-
man from Baltimore city (Mr. Stockbridge)
presents much greater difficulties than at first
blush might be supposed. The subject of
local legislation has certainly been carried to
a very great extent in our State. It is one
of the evils swelling the bulk of our statutes.
And yet the remedy for it is not so easy to be
applied as some might imagine. I think the
fault is more in the careless exercise of power,
I had almost said the criminal neglect of
duty on the part of the legislature in the
exercise of power. Instead of these local |
