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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1561   View pdf image (33K)
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1561
Mr. DANIEL moved to insert after " annum"
in line two, the words "except the judges of
the thirteenth and eighth circuits, who shall
receive $3,000 per annum."
Mr. STIRLING. Those are fixed in a sepa-
rate section of the report. That may as well
be left until that section comes up.
Mr. DANIEL withdrew the amendment.
Mr. DUVALL moved to amend by inserting
after " annum," in line two, the words " ex-
cept in those counties constituting special
districts, wherein the salaries shall be $2,000
per annum."
Mr. PETER. The reason why I advocate
that amendment is that I think it is just and
right. In a district composed of three coun-
ties, look at the labor which the judge has to
undergo, and look at the expense which he
is put to. For instance, as the judicial cir-
cuits are now arranged, the judge elected
for Prince George's county will have to
visit Montgomery county and remain there
some three months in the year to transact our
business, which will subject him to great ad-
ditional expense. His board would abso-
lutely absorb the $500 additional, besides the
labor he would undergo in visiting our
county. How is it in Baltimore city, where
a judge is elected for that city alone? He is
at home all the time, from the commence-
ment of the year to the end of the year. He
is put to no additional expense for board.
He has not this additional labor and toil. I
think it is fair and right, if there is to be
any difference whatever made in the compen-
sation, that it should be in that ratio. Where
the judges remain at home, and their districts
consist of but one county, they should re-
ceive less, because they are not put to addi-
tional expense. Instead of that I see the
idea is that the gentleman from Baltimore
county, and the gentleman from Baltimore
city shall have a larger salary. I can see no
just reason for that. The services of a law
yer acting as judge are worth as much in the
county as in the city. Are they better
there, that they must be paid more? I see
no reason for it. On the contrary I see
urgent reason for paying them less.
Mr. DUVALL modified his amendment to
read as follows:
"Insert after the words 'per annum,' in
the second line, the words ' except in those
circuits composed of one county, wherein
the salary shall be two thousand dollars.' "
Mr. MILLER. There is fairness about that
proposition, and I think it ought to beadopt-
ed. The gentleman from Baltimore city is
ready to take care of his judge. We wish
also in other parts of the State to take care of
our judges. Judge Price, in Baltimore coun-
ty, has now in his circuit Baltimore, Har-
ford and Cecil counties—three counties. He
has to travel over these counties, and perform
his duties, holding terms of the court in each
of these counties twice a year. He receives
52
now but $2,000 a year. By this system he
will be relieved of all duty in Harford and
Cecil counties, and will have no travelling
expenses atall. He will reside in Baltimore
county.
Mr. STIRLING. He resides in Harford county.
Mr. MILLER. Then he will have to remove
his residence to Baltimore county. He will
have to live in Baltimore county.
Mr. THOMAS. There will be a new elec-
tion in Baltimore county.
Mr. MILLER. Then a new judge will be
elected in Baltimore county, and that new
judge will be relieved of all travelling ex-
penses, which I suppose in the course of the
year must amount to $500. There is a sep-
arate system for Baltimore city. This is
merely a matter for the counties. I am op-
posed to cutting down the salaries, but if it
is to be done this proposition is a fair one.
Mr. SCHLEY. I cannot allow so unfair and
monstrous a proposition to go here unan-
swered. I scarcely supposed that anything
so manifestly unjust as this, could find an advocate
in this because. How does the gentle-
man's own district compare in population,
in taxation, or in extent of territory, with
some of the large counties? Taking Prince
George's and Montgomery, the largest per-
haps, and the wealthiest district, which has
more than one county to compose it, how
does it compare with the large counties?
Mr. PETER. Will the gentleman allow me
to interrupt him for one moment? How
does the district of Montgomery and Prince
George's compare with Allegany county?
Mr. SCHLEY. In white population it is
some seven thousand inferior. In taxation,
I think it is about one-half. And in extent
of territory I do not think it will compare
favorably with Allegany at all. There are
no two parts of that district so remote from
each other as the extremities of the county of
Allegany, and not half 90 remote from their
county seat in either county as the distant
portions of Allegany. Then, sir, comparing
them with my own county, I find that the
white population of those two counties is lit-
tle more than one-half the population of
Frederick, while the taxes are about the
same. The cost of living is less in those two
counties, the population being not so dense.
1 thank that quite as. much labor will be per-
formed, while the cost of living is greater in
the counties forming separate districts. For
that reason I think a higher salary ought to
be allowed in Baltimore.
Mr. SANDS. I have examined the statistics,
and I will inform my friend that Allegany
has exactly one thousand more white inhab-
itants than Prince George's and Montgomery
combined.
Mr. PETER demanded the yeas and nays,
and they were ordered.
The question being taken, the result was
—yeas 19, nays 80—as follows :


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1561   View pdf image (33K)
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