should think the proper time for that is sure-
ly before we begin to vote upon any provision
of it. Suppose all of these enumerated items
are rejected but one, and that one is adopted
by the house, what will be the consequence?
Alter it has been adopted it cannot be substi-
tuted by another proposition. I hope the
chair will see that by the parliamentary rules
of proceedings, it is in order at any time to
offer an amend ment,
The CHAIRMAN. The yeas and nays having
been ordered, it is not competent for the
chair to entertain any amendment upon
which the yeas and nays could not be taken
as ordered. The question before the con-
vention is, therefore, upon the first clause of
this amendment.
Mr. MILLER. I was going on to say that
this power of delegating the function of pun-
ishing offences is certainly an anomalous one.
In the counties there are instances arising
when it becomes necessary to protect a school
or college from the sale of intoxicating drinks
in the immediate neighborhood, when the
grievance becomes so great that it would be-
come necessary to punish that offence by im-
prisonment, or something of that kind, rather
than by a, fine. That is a matter which the
legislature itself by local legislation should
provide for, and not delegate it to any power
in the county. So in reference to the de-
struction of crops, wines, fruits, or anything
of that kind, in a particular locality. When
any malicious mischief that arises in a parti-
cular locality becomes so grievous an offence,
the legislature ought to interpose and define
the crime and provide for the punishment of
the offenders. I am not for leaving it to any
local tribunal to perform that high authori-
ty. It seems to me it would be a strange
thing to delegate this power, to deline and
punish a crime, to any local tribunal.
Mr. NEGLEY. I am in favor of the amend-
ment proposed by the gentleman from Balti-
more city (Mr. Stockbridge.) I think that
the State of Maryland has fur several years
been laboring under the curse of special legislation.
The legislature has met here and
consumed entire days of its session in legis-
lating for this and that particular county;
and not always for a county, but for particular
portions of some particular county. This
special legislation has become a curse that is
actually oppressing the State of Maryland,
and I am decidedly in favor of gome means of
getting rid of it.
The objections urged against prohibiting
the legislature from passing those special laws
are cot valid. The municipal authorities of
the town of Hagerstown have the authority
to punish offences. They say what shall con-
stitute an offence within the limits of the
corporation, and they punish it accordingly.
They pass their ordinance, and when it is
violated they punish the offender. If any
ordinance does not work well, they repeal it. |
That ie precisely what I understand to be in-
tended by the amendment now pending. It
is designed that all those subjects that have
purely a local reference, and embrace matters
relating solely to the counties, shall be de-
termined upon by the proper authorities in
the county. I do not know what they are;
but they should have the power to define an
offence and punish it. That is all we claim.
As to the prohibition of the sale of spiritu-
ous liquors in particular localities, could
there not be a general law authorizing the
courts, upon petition of the inhabitants of the
county, to prohibit the sale? That could be
infinitely better done by general law than by
special legislation. Let the legislature pass a
general law by which the local authorities of
the different counties can be authorized and
empowered to attend to their municipal and
county affairs. That would be infinitely
better than it is now, and then we should
avoid these very difficulties complained of
here. Otherwise, parties in portions of coun-
ties will get up petitions and come down
here to their delegates, and their delegates
will act upon matters without knowing the
sense of the people,
I do hope that this amendment will pass.
It will then impose the duty upon the legis-
lature to pass a general law. What is a
crime in one portion of the State, is a crime
in any other portion of the State. If it
should not be committed in Allegany county,
but should be committed in Baltimore city,
then punish it in Baltimore city and not in
Allegany county. If it is not committed in
any particular locality, then so much the
better for that locality. But if it is committed
in one locality, or in twenty localities in dif-
ferent parts of the State, then punish it in all
the localities alike
Mr. CHAMBERS. There seems to be an in-
disposition on the part of a great many mem-
bers to go into this subject as largely as the
amendment of the gentleman from Baltimore
city (Mr. Stockbridge) purposes. Now, there
are certain misheifs acknowledged, I believe,
by every individual who has ever been a
member of the legislature. I had the honor
once of serving a term in the senate of the
State. I was placed at the head of an im-
portant committee of that body. The first
thing the committee aid, was to say that no
special law should be reported in any case
where, by a general law, the party had a
remedy. Persons came here, as in the case
mentioned by the gentleman from Howard
(Mr. Sands.) And although exactly the
same case could not perhaps be instanced
elsewhere, yet thousands of cases of the same
character have occurred. I mean when I
say " of the same character," cases where in-
justice has been done by suppressing before
the legislature, a knowledge of very import-
ant facts constituting a part of the transaction.
Thousands of cases have occurred where just |
