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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 892   View pdf image (33K)
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892
so, then I would vote for it. Now, I think
all these matters should be delegated to the
local authorities. But you take away the
power from the legislature, and do not give
it to any other authority. Let that be done
first, and then let this matter come up after-
wards. I think it is a doubtful question, if
yon say that the legislature shall not pass
any local laws, whether you do not mean to
say that you shall have uniform legislation,
and that you can have no local legislation, or
that you cannot invest the local authorities
with power over the matter. Now, if the
legislature has no right to say that the con-
stables in one county shall be allowed more
fees than in another county, it can have no
right to authorize the local authorities to say
so. It strikes me that that interpretation
will be put upon this provision; that it
means to say to the 'legislature that it shall
provide uniform salaries throughout the
State; that the fees shall be uniform; that
the people of the whole State shall in that
respect come under a uniform system of legis-
lation. That is the interpretation which I
put upon this provision. It strikes me that
to say that the legislature shall not pass
any local or special law, means that all legis-
lation shall be uniform and general.
Mr. DANIEL. If the legislature should
provide by a single act that all these local
boards shall have power to do a particular
thing, is nut that general legislation and not
special, and still conferring on those boards
all the power to do precisely what they
want.
Mr. VALLIANT. I move to amend this pro-
vision by adding the following :
"But may empower the local authorities
of the city of Baltimore, and of the counties,
to do the same."
The question being taken upon the amend-
ment, it was rejected.
The question then was taken upon the
clause prohibiting the legislature from pass-
ing local or special laws "relating to fees or
salaries," and it was adopted.
The question was upon agreeing to the
next clause, prohibiting the legislature from
passing special or local laws, ''relating to the
interest on money.'
Mr. MILLER. I would like to ask the gen-
tleman from Baltimore city (Mr. Stockbridge)
whether he supposes there may be such a
thing as the legislature passing a law making
the interest on money in Anne Arundel
county, for instance, different from the inter-
est on money in any other county?
Mr. STOCKBRIDGE. It is possible.
Mr. PUGH. I would suggest to the gentle-
man from Anne Arundel county (Mr. Miller)
that just as wild things have been done by
the legislature.
'The question being taken, the clause was
adopted.
The next question was upon agreeing to
the clause providing that the legislature shall
not pass special or local laws—
"Providing for regulating the election or
compensation of State or county officers, or
designating the places of voting, or the
boundaries of election districts."
Mr. MILLER, I must ask the gentleman
from Baltimore city ( Mr. Stockbridge )
another question. Does not a provision of
the constitution which we have already
adopted provide how these State and county
officers shall be elected? Does it not fix the
day of election, and make all other provisions
in regard to those elections? Then how can
any special legislation be possible? It seems
to me that that is an absurdity.
Mr. VALLIANT. I move to amend this pro-
vision by striking out the words " State or,"
so that it shall read, " providing for regulat-
ing the election or compensation of county
officers," &c.
Mr. STOCKBRIDGE. The constitution does
not, by a great deal, provide for the elec-
tion or selection of all the State officers.
There is a large number of State officers
which are not provided for by the constitu-
tion, but they are left to the regulation of the
legislature.
Mr. BELT. Will the gentleman tell us of
any State officer at all whose election is re-
ferred to the legislature, and not provided for
and regulated by the constitution? I would
like to know the process by which the legis-
lature of Maryland can elect officers not war-
ranted by the constitution.
Mr. STOCKBRIDGE. Tobacco inspectors are
not provided for in the constitution. They
are certainly State officers, and important
State officers. That is only one of a class in-
cluding hundreds of others.
Mr. MILLER. Is it not intended to confer
upon the governor the power to appoint these
officers ?
Mr. STOCKBRIDGE. I do not know what i»
provided.
Mr. JONES, of Somerset. It is provided for
by special laws, under the constitution, giv-
ing the legislature the power to provide for
tile election. It is certainly not intended to
restrict the legislature from appointing local
officers that may be necessary, other than those
which are provided for in the constitution.
Mr. KING. What are we to do about the
election of esquires and constables? if the
legislature cannot regulate it, who is to regu-
late it? It states here that the legislature
shall not make any provision for it.
Mr. STOCKBRIDGE. The legislature shall
not provide that the governor shall appoint
these officers for Baltimore county, and that
the people shall elect them in Allegany coun-
ty; but shall provide by general law for that
purpose. That is all that this means.
The question was then taken upon the
amendment of Mr. Valliant, to strike out the
words "State or," and it was rejected.


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 892   View pdf image (33K)
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