Mitchell, Miller, Morgan, Mullikin, Murray,
Negley, Nyman, Parker, Parran, Peter,
Pugh, Purnell, Ridgely, Russell, Sands,
Schley, Smith, of Dorchester, Stirling,
Stockbridge, Swope, Sykes?, Thomas, Todd,
Valliant, Wilmer, Wooden—65.
Nay— Mr. Hatch—1.
Mr. STIRLING'S substitute was accordingly
adopted as an additional section of the legis-
lative article.
Mr. THOMAS gave notice that be would
hereafter, at the proper time, submit the fol-
lowing as an additional section:
" Sec. — Laws shall be passed by the le-
gislature taxing, by a uniform rule, all mo-
neys; credits, investments in bonds, stocks,
joint stock companies or otherwise, and also
all real and personal property, according to
its true or actual value in money, and the tax
payable thereon shall be paid to the county
or city where the same is located at the time
of its assessment or valuation, and the loca-
tion of all stocks, bonds or other evidence
of debt shall be in the county or city where
the principal office of transacting the busi-
ness of such company or, corporation is lo-
cated."
The convention then resumed the consid-
eration of the 39th section of said report,
which had been amended on motion of Mr.
RIDGELY, so as to read as follows :
" Sec. 39. The governor, comptroller and
treasurer of the State, are hereby authorized
conjointly, or any two of them, to sell from
time to time according to their best judg-
ment, the State's interest in the works of in-
ternal improvement, whether as stockholder
or creditor, also the State's interest in any
banking corporation, and to apply the pro-
ceeds arising therefrom towards the payment
of the public debt of the State; and after the
public debt shall have been fully paid off, or
the sinking fund shall be equal to its liqui-
dation, the excess of such sales shall be set
apart as a permanent fund for the support of
public education; provided, however, that
the power hereby conferred, shall only be
exercised when the proceeds of such sales
can be converted into a like amount of the
public debt; and provided further, that the
State's interest in the Washington branch of
the Baltimore and Ohio railroad, shall be
and is hereby reserved and excepted from the
sale hereby authorized; and provided further,
that the State's interest in or claim against
other works of internal improvement in the
State, may be sold upon the best terms which
may be obtained for the same."
An amendment had been submitted by Mr.
DUVALL, to wit:
Add to end of section 39 the words, " pro-
vided however, that no such sale shall be
binding on the State until the same shall have
been ratified by the general assembly, after
having been duly reported to the same.'' |
To which Mr. PARRAN had submitted the
following amendment:
Strikeout all after the word "been," in
the third line and insert the words, " duly re-
ported to, and ratified by the general assem-
bly at the first session thereof after such sale
or sales."
Mr. STOCKBRIDGE. I wish to ask whether
if these amendments are adopted and made a
part of the section, we may not be embar-
rassed in reconsidering the adoption of the
substitute offered by the gentleman from
Baltimore county (Mr. Ridgely )
Mr. NEGLEY. I think we would better
vote down the amendment of the gentleman
from Montgomery (Mr. Duvall) and perfect
the 39th article, and attach it afterwards.
Mr. RIDGELY. I would make the same
suggestion. The house is now embarrassed
in its desire to perfect the proposition adopted
in consequence of the amendments pending.
If that is negatived the proposition will be
open to amendment and can be perfected in
such manner as to suit the house.
Mr. HEBB. I would suggest this difficulty.
If we negative the pending amendment of the
gentleman from Montgomery, it will be too
late to act upon it. I would rather suggest
that we adopt it, if the house is in favor of it,
and then the other portion can toe reconsid-
ered and amended. If we negative it, we
cannot again reach it without a motion to
reconsider the vote by which it is negatived.
Mr. STOCKBRIDGE. I will suggest to the
gentleman from Montgomery, that if he will
temporarily withdraw the amendment, and
renew it after the section shall have been per-
fected, that would probably disembarrass the
question.
Mr. DUVALL withdrew his amendment.
Mr. STOCKBRIDGE moved to reconsider the
vote by which the section offered by Mr.
RIDGELY was adopted, as a substitute for that
reported by the committee.
The motion to reconsider was duly sec-
onded.
Mr. STOCKBRIDGE. On a more careful ex-
amination of the section, since it was adopted,
I find what appears to me to be a contradic-
tion between different parts of the section.—
The first proposition includes all works of
internal improvement in the State. Then
there is the proviso: "that the power hereby
conferred shall only be exercised when the
proceeds of such sales can be converted into
a like amount of public debt." That is intel-
ligible. "Provided further, that the State's
interest in the Washington Branch of the
Baltimore and Ohio Railroad shall be and is
hereby reserved and excepted from the sale
hereby authorized." That also is intelligible.
But the next proviso seems to me to clash
with the first proviso. It is this: "and pro-
vided further, that the State's interest in or
claim against other works of internal im-
provement ill the State may be sold upon the |
