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court judge would necessarily receive
$30,000, or that a superior court judge
would receive that much. All that we
sought to accomplish, Delegate Byrnes, was
full-time judges at all four levels, but
probably anticipating some adjustment of
the salary scale within the distinction be-
tween the judges in the different tiers, and
$30,000 as a salary for a district judge
was never mentioned.
THE CHAIRMAN: Delegate Byrnes.
DELEGATE BYRNES: Would you say
that if this amendment were adopted that
your intent to establish full time judges
at all four levels would be defeated?
DELEGATE MUDD: We left it to the
expression of the legislature, because we
thought that the need might change from
time to time, especially in view of the
rather surprising population projection,
that in western Maryland and on the East-
ern Shore some of the projections show a
continuing reduction of population, rather
than an increase in population.
To mandate in the constitution the re-
quirement that there be a resident district
judge in every county could really create
over the long run less efficient use of man-
power than the legislature might in its
wisdom provide for by changing district
lines from time to time.
THE CHAIRMAN: Delegate Byrnes.
DELEGATE BYRNES: May I speak in
favor of the motion at this point?
THE CHAIRMAN: You may.
DELEGATE BYRNES: I would just
like to point out to the body if I could that
I think we are potentially talking about
many hundreds of thousands of dollars. It
was pointed out earlier that there are some
thirteen counties which do not have suffi-
cient business to warrant full time judicial
activity.
I think that this Convention was not
called to make judgments of this kind. If
we are going to spend this sum of money
I think we are in the wrong business and
we should call ourselves the General As-
sembly.
Delegate Malkus has made the point on
many occasions that we are talking about
expense, and Delegate Marion has made the
point that the language as it now reads in
5.10 makes it clear that the General As-
sembly can make the judgment whether
there should be a resident district judge in
each county. But I think if we make the
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judgment here, we are not only making
that judgment, but we are also making the
judgment that the taxpayers are going to
be paying additional hundreds of thousands
of dollars, and I do not think it is our pre-
rogative to do so.
THE CHAIRMAN: For what purpose
does Delegate Malkus rise?
DELEGATE MALKUS: The gentleman
has some time left. Does he yield?
DELEGATE BYRNES: Certainly.
DELEGATE MALKUS: Did I under-
stand you to say there were thirteen coun-
ties here that would probably not be en-
titled to have a resident district court
judge?
THE CHAIRMAN: Delegate Byrnes.
DELEGATE BYRNES: I was recalling,
perhaps erroneously, the comments made
by the Committee Chairman to the effect
that there was not sufficient business in so
many counties to justify full time judicial
activity. Maybe thirteen is an erroneous
figure.
THE CHAIRMAN: Delegate Malkus.
DELEGATE MALKUS: Will you then
give me the names of those counties that
you are talking about?
THE CHAIRMAN: Delegate Byrnes.
DELEGATE BYRNES: I could imagine
what they were, but I would like to defer
to the Chairman of our Committee.
THE CHAIRMAN: Delegate Mudd, can
you furnish the information requested by
Delegate Malkus?
DELEGATE MUDD: Mr. Chairman, I
do not recall using the figure thirteen. My
information was obtained from the Case
Report, and I do not know whether that
chart is immediately available; but it was
our conclusion from the facts and figures
therein contained as to caseload, on page
15, that there were many counties, par-
ticularly on the Shore, and Garrett County,
where the annual caseload would not ap-
pear to justify the time of a full time
judge.
THE CHAIRMAN: Delegate Clagett,
will you yield to a question from Delegate
Frederick?
DELEGATE CLAGETT: Yes, sir.
THE CHAIRMAN: Delegate Frederick.
DELEGATE FREDERICK: Delegate
Clagett, if you will answer a question for
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