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Proceedings of the Senate, 1892
Volume 400, Page 560   View pdf image (33K)
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660 JOURNAL OF PROCEEDINGS [Mar. 8,

The Committee file herewith the written opinions of
S. Teackle Wallis, Bernard Carter, Attorney-General
Poe, John K. Cowen, Charles Marshall, E. J. D. Cross
and the Committee of the Bar Association of Balti-
more city, which are summarized in this report.

JOHN S, WIRT,
JAMES P. GORTER,
JOHN G. ROGERS,

Majority of Committee on Judicial Proceedings.
215 ST. PAUL STREET,

Baltimore, Feb'y 28th, 1892.
Hon. James P. Gorter, Senate of Maryland:

DEAR SIR: —You are quite right in your impression
that I gave an opinion some years ago in favor of the
right of the Legislature, under the Constitution, to
increase the salaries of the Judges during their term
of service. I am unable to find a copy of it on my
regular file of opinions, and infer that I must have
sent it in the shape of a letter to the person who re-
quested me to give it. Who that was, I do not remem-
ber. Probably some friend in the Legislature at the
time. I do recollect, however, that I examined the
question with a great deal of care, and was entirely
satisfied with the conclusion at which I arrived, and
the more so, because it was concurred in, to my knowl-
edge, by the late Mr. Steele, and to the best of my
belief, by other prominent counsel in the city, who
were consulted at the same time. Upon examining
the question anew, I see no reason for changing my
opinion. I am not well enough t, at this moment, to
give you my views with any fullness, but I will
indicate them briefly with pleasure.

Almost all the questions of difficulty arising under
our present Constitution, grow out of the fact that the
instrument was not revised with sufficient care as a
whole, after it had been adopted in separate parts.
If this had been done, the apparent discrepancies and
inconsistencies which it exhibits would have been
removed, as it is very obvious that they could not
have been intended to exist. We all know how much
the perfection of the Constitution of the United States,
as an entire instrument, is due to the ability and care
with which, at the last moment, the duties of the
Committee on Style and Revision" were discharged.

 

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Proceedings of the Senate, 1892
Volume 400, Page 560   View pdf image (33K)
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