propositions being referred to the delegation
of the county to which they relate, if there
was a special committee, or a standing com-
mittee composed of sound and judicious men
to whom all such propositions were referred,
there would be something like uniformity in
the action of the legislature.
At the very last session of the legislature,
there were two memorials from my county
to confirm the wills of married women not
executed according to the requirements of the
law. They were referred, and bills were re-
ported in favor of both cases, and I believe
they passed the house of delegates. They
were sent to the senate, where they were re-
ferred to the judiciary committee, and that
committee reported against them both. One
of those hills came up for action, and was re-
jected. But on the last night of the session,
the other trill came up and was passed, though
involving the same principle as the bill which
had been rejected. That was the result of
negligent legislation. If they had been re-
ferred to the judiciary committee in the house
of delegates, in all probability, they would
have been reported against, as they were in
the senate. The house would have come to
the conclusion that the property in question
had become vested under the law, and that
it was very questionable whether the legisla-
ture had power to divest property tinder a
will that was not legal when made.
But if this amendment is adopted, the
legislature can in no case exercise jurisdic-
tion over these matters, and very great diffi-
culty, I think, may result. I think we must
leave to the legislature itself, the power to
apply the remedy by a more careful exercise
of their power. It may be easily reached,
perhaps, by having all these matters of special
legislation referred to a standing committee
on local laws, and not have them referred
exclusively to the county delegations. It is
very difficult, when a case has any plausi-
bility, for a county delegation to refuse to
report the bill, and leave it for the legislature
to determine the mutter. It should be re-
ferred to an impartial committee, that would
not be influenced by local considerations to
report the bill, and permit the legislature to
decide upon the expediency of passing it.
I am rather inclined to think, upon the
whole, that we better leave the power of tine
legislature as it now is. That is the view
that strikes my mind.
The question recurred upon the motion of
Mr. CHAMBERS, to amend the amendment of
Mr. STOCKBRIDGE, by striking out the fol-
lowing clauses:
"Changing the names of persons ;
"Conferring the rights of citizenship upon
minors and foreigners."
The question being taken, upon a division,
yeas 30, noes 20, the amendment to the
amendment was adopted.
Mr. BELT. I will now submit my amend- |
ment, which I think will raise the question
directly upon the theory of the gentleman
from Baltimore city (Mr. Stockbridge.)
Strike out the amendment and insert :
"The general assembly shall have power,
from time to time, in its discretion, to pass
general laws providing for the exercise by the
courts of law or equity, or other local autho-
rities, of such powers and duties not neces-
sarily legislative in their character, having
reference to private or local affairs, which
are now exercised and performed by the
general assembly,"
Mr. CHAMBERS. I now move the following
as a substitute for the amendment of the
gentleman from Prince George's (Mr. Belt.)
"The legislature shall not pass any special
law to make valid a defective deed, or afford,
other remedy in any case for which under
existing laws provision has been made.
The CHAIRMAN (Mr. Dent.) The amend-
ment of the gentleman from Kent (Mr. Cham-
bers,) is not now in order; there being
already pending an amendment to an amend-
ment.
Mr. STIRLING. I would suggest to the
gentleman from Prince George's (Mr. Belt,)
that it occurs to me his proposition is not so
much in the nature of an amendment to the
amendment of the gentleman from Baltimore
county (Mr. Ridgely, ) as it is a distinct and
substantive proposition. I am very much dis-
posed to vote for it. But it is not the antago-
nistic of the other; it is somewhat germain
to it. But there is a difference between re-
stricting the legislature, and authorizing the
legislature to increase the powers of the coun-
ty boards. And the gentleman strikes out
the 19th section, prohibiting the general
assembly from granting divorces, and sub-
stitutes another proposition which has no
provision in it in regard to divorces, but
leaves the legislature with the old power to
grant divorces. I cannot vote for that.
Mr. BELT, I will modify my amendment
so as to add the following to the 19th section ;
''The general assembly shall have power,
from time to time, in its discretion, to pass
general laws providing for the exercise by the
courts of law or equity, or other legal au-
thorities, of such powers and duties not ne-
cessarily legislative in their character, having
reference to private or local affairs, which are
now exercised and performed by the general
assembly."
Mr. MILLER. I do not think that amend-
ment gets rid of the difficulty. As I under-
stand it, from hearing it. read, it says the le-
gislature shall have power to pass laws con-
ferring upon local hoards the power to do
certain things, nut necessarily legislative in
their character, which the legislature have
heretofore been in the habit of doing. Now,
are we willing to say here that the legislature
have been in the habit of doing anything
which it was not within their power to do— |
