The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-02-17
PROCEEDINGS OF THE MARYLAND LEGISLATURE
ANNApoLIs, Feb. I6, 1860.

q
MIR. LYNCH, from Committee Corporations,
reported bill to incorporate the Green Spring
Avenue, which was read the second time.
Mr.. kIMMELL submitted report from the Board
CT Public w orks, which was ordered to be spread
on the journal, and 500 copies ordered to be print
bill entitled an act to authorize the different
courts IN this State to decree sales of property by
cases.
bill entitled an act to amend the goth section of
the Code of Public Laws, which provides for order
ing out the militia in case of threatened invasion,
so as to exempt the city of Baltimore from the pro-
visions of the said section, was read the second
time and ordered to be engrossed.
A bill reported by Mr.. GARDINER, authorizing
county commissioners to reduce assessments, was
read the second time, and caused much discussion,
when the bill was re-committed.
The bill relative to the Inspection of Lumber in
Baltimore city, was read the second time and or
dered to be engrossed.
The bill with reference to the Baltimore CITY
Railway was made the special order for Tuesday
next the Senate do not desire to take final action
on the bill until the Investigating Committee re-
port the result of their labors.
The bill entitled an act to amend the act of 1926
to incorporate the Baltimore and Ohio Railroad
Company, was taken up,when the Senate was call
ed and the Sergeant-at-Arms sent after the absen-
tees.
On the return of the Sergeant ntatArms, on motion
of Mr.. GoLDsBoRoUUGH, of Dorchester the bill was
made the order of the day for Wednesday next
OUSE OF DELEGATES.
The SPEAKER presented the report of the w Wegher
of Live Stock of the city of Baltimore Read an d
laid over.
Mr.. MORGAN, of st. Mary's, presented the petition
of 81 citizens of st. Mary's county, praying the
gradual abolition of -
Mr.. TURNER presented a duplicate memorial,
signed by 300 additional names of citizens of Balti
more, praying the passage of a three cent ailwav
act. Referred to Committee on Corporations.
By Mr.. QUINLAN, of Baltimore county, the peti-
ton OF Matthew Burton to make valid deed Re-
ferred to Committee on Judiciary
Mr.. MORGAN offered an order to authorize the
Speaker to appoint an Assistant Folder to the
House, which was adopted
On motion of Mr.. CHAPLAIN, of Talbot, it was
ordered that Augustus Kearney be allowed 81 per
day from January q to February G.
MIR: QUINLAN presented leave to bring in bill
for the relief of Matthew Burton, of Baltimore
county. Referred
By Mr.. FREANER, the petition of sundry persons
for the reduction of license on innkeepers Refer
red to the Committee on WAYS and Means
Mr.. GoLDsBoRoUGH, of the Committee on Corpo-
rations, reported avorably bill to incorporate
the Salisbury and Ringgold Turnpike Company:
also bill to incorporate the Southwestern Mutual
Insurance Company of Baltimore.
Mr.. Mackubbin, Chairman of Committee on
Claims, reported favorably upon a Senate bill, ap-
propriatng $4,000, to pay for the enlargement
proof record offices, &c. Rules suspended; read
second and third time and passed.
Mr. MAcKUBBIN, of the Committee on Claims
called up the bill to compensate Milton Whitney
for legal services in arguing the cases of Fo and
Watkins before the Court of Appeals. The rules
were suspended, and the reading of the bill con-
tinued.
The SPEAKER called Mr. GoIdsborough, of Caro-
line, to the chair.
Mr.. MACKURBIN moved to reconsider the vote on
the amendment put into the bill yesterday to pay
the, States Attorney $500 for his services instead
of $500, as was in the bill in the first instance.
Mr.. kTLBoURN, arose and agued at some length
against the appropriation of S400 for the services
of Mr.. Whitney. He put the question to the
House, to the Democrats of the House. whether
this individual should be allowed to deplete the
treasury, to leave his business and come down here
to argue two cases, for which he wished to charge
5000. The committee cut it down to S400 The
House should make it $500. he has done other
duties than those of States Attorney he has en-
ployed the time he should have used in the duties
of his office. This was not all; Whitney is allowed
assistant, whose abilities and'duties are superior
to those of his employer. For the deputies only
81 800 per annum is allowed, and he does all the
work. The judges OF the Circuit Courts of Balti,
more county and all other circuit Judges whose
duties require almost frame of iron, receive only
$40 per annum. They perform their duties
Their work is laborious. yet under the Constitution
they can receive only $4,000. He asked what has
this man done that he receives nearly 81 900 per
year, inclusive of his perquisites, office rent, &C.
Should he be paid more than the judges of the
Court of Appeals? He receives the largest salary
under the Constitution; more than the Judges of
the courts. The appropriation now before US
should not be allowed, on constitutional grounds.
He thought when the members looked at it right
they would feel that they were not authorized by
the Constitution to vote more that So 900 per an
mum to any officer of the State.
Mr. MACKUBBIN asked if the salary received by
Mr.. Whitney was for extra services or for his du-
ties, prescribed duties as States Attorney? Has
gentleman. placed in Mr.. Whitney's peculiar situa-
ton, ever before been refused his compensation for
extra services?
Mr. KILBoURN replied that no wrong precedent
should be followed. If in former cases bills of
have been lobbied through the House,
he did not feel like following it. Besides, at this
time the appropriations we have made will preclude
the idea voting for any prodigal approximations
He appealed to the members to look to the interests
of their constituents. While he was at all times
ready to paw honest debts, be did not like to pay
the money of the State in this prodgal manner.
Our constituents now looking to for retrench
ment. The treasury will not warrant any further
drain on ii.
Mr.. DENNIS, of Somerset, arose and said To
day, Mr.. Speaker, we have seen an extraordinary
sight on the floor of this house. We have seen the
Speaker get down from his chair and urge with all
the vehemence of his nature, against the ap-
preparation of a sum of money, recommended bv
the Committee on Claims, when not twenty min
utes ago the Hon. Speaker himself voted for an ap
preparation Of S32, 900, about which he acknow-
lodged he knew nothing. Yet Just claim for la
borious services to the State is almost in the same
breath disregarded, and a much smaller sub
stituted. The sum asked by Mr. Whitney is not
for his duties as States Attorney, but lawyer
who has served the State he asks to be compensa-
ted. The especial guardians of the Treasury have
reported favorably upon the bill, and he could see
no just objection.
Mr.. BRIsCoE argued that no man with anv tai
ents. any position as a LAWYER, would come here
and argue case for a less sum than $500. 1t was
not expected. The gentleman from Anne Arun-
del, Mr. kilbourne,) has at this session voted for
similar appropriations-voted for larger sums than
is now asked. In this matter politics should be
disregarded Mr.. B. did not inquire to what party
man belonged when he paid him for his services
he only looked to the justice of the claim.
Mr.. MAcKUBBlN stated that the office of Mr.. Whit.
ney was fee office, not salared office, and in
that way he could receive more than Otherwise
He wanted to know whether the So, 900 received by
Mr.. Whitney salary?
Mr.. kILBoURN.-lt is a salary made up of fees
Mr.. DENNIS, of Somerset, asked Mr.. Kibourn if
he would vote for $500 to Mr.. Whitney as a COM
pensation?
Mr.. KHBoURN.-To get rid of this bill will.
Mr.. DENNGs.-Then, the gentleman will waive his
constitutional objections for $500.
Mr.. kILBoURN.-l never denied that we could not
appropriate the sum under the Constitution. He
did not indicate the Constitution as direct barrier
against the appropriation, but urged it rule to
guide US in our appropriations. The whole State
is asking for reduction of taxes. 1t was to this
end that he spoke against the appropriation.
Mr.. DENNIs-Yes, but if Mr.. Whitney receives as
his salary more than So 900, the gentleman cannot
waive his constitutional objections.
Mr.. LANDING moved to amend the amendment in
the bill by substituting Sl00 compensation, in
stead of $500.
The question was taken ON Mr.. Landing amend
ment. Mr.. Freaner voted for it. He explained
the change in his vote from yesterday, stating
that, after reflection, he Thought the States
Attorney of Baltimore should not receive oxorbi-
tant extra pay because the fees of his office were
so large
Mr.. BRIscoE suggested that a bill be hereafter
timore to prosecute all removed cases before the
Court of Appeals without pay.
The substitute to the amendment offered by Mr.
Landing was lost Nays 90, ayes 10.
The amendment to the BILL providing 5000 as
compensation, was then voted upon and passed.
eas 33, nays 10. The rules were suspended, and
the bill passed as amended Ayes At, nays 5.
Mr.. MORGAN, Chair man of the Committee on To-
bacco Inspections, reported bi | for the relief of
the Clerks of the State Tobacco Warehouse.
The House then took up for consideration the un-
finished business of yesterday.
The Homestead bill for exemption from execu-
ton of $500 worth of the property of debtors was
taken up.
Mr.. LANDING offered an amendment to cut down
the amount exempted to $3.50.
Mr.. LONG argued upon the matter at some length
He advocated benevoence and the protection of
the poor man. He was in favor of the Cnnstitu-
tiona provision exempting $500 worth of the pro-
perty of debtors.
Mr.. FREANER said Maryland has never had
Homestead bill. Nearly all other States have one
In some, the sum exempted is $500. In California
it is $4,000 Our Constitution makes it $500. This
bill puts 1T down to two hundred 1t is objected to
the bill that it will ruin the poor mans credit He
thought it would benefit him. Under it mer-
chant would not trust poor man unless he was
honest. This would in effect be to increase credit,