Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1889-09-06


seyefa articles referring TO the prospective
Vacancy in the chief judgeship of the Seventh
Judicial District | deem il not inappropriate
to venture a few remarks upon this question.
II appears that the Chief Judge OF The Sew
enih- ts5icial District will have attained the
age Of 40 years next fe5draty, turing the Leg
islatiye session Of 1890 aud as no action was
taken BY the Legislature during the last ses-
sion for the removal Of the constitutional dis
ability that will occur On the SEVENTEEN anni-
versaFy Of his birth, it is the impression o.
mahy, that the Legislature Will hsye no powtF
to act In the matter during the session CT l59e,
and, consequently vacancy will occur. Inis
impression arises from desire TO adhere 10
the literal meaning Of the clause tegulaung
the case aud il Il contended that all cases lof
the removal Of such disability must be consid-
cred turing the session next preceding the
date of limitation, Notwithstanding the fact
that there may be ample time for such aeton
before the occurrence Of the seventeen amt
versary.
As the want ofprecislon III the phraseology
Of ciause OF section in the constitution o.
acts IF assembly often leads TO a difference Of
opinion regarding the proper construction, IL
becomes necessary in order 10 arrive at cor
rect conclusion to ascertain the object tor
which the clause or section was enacted. The
execution Of the intention so as to effect the
most satisfactory result is the great desidera-
tim, and II is unreasonable and injurious 10
allow a word or clause to be 80 distorted on
the one hand. or SO literally construed on the
other as to defeat the deserved object.
We find in the constitution that the official
career Of Judge expires when he attains the
age Of 10 years This limitation was deemed
necessary because about that age the faculties,
as a rule, begin to fail so as to render the OH
cial unfit for the discharge of his duties.
II however occurred TO the trainers Of that
instrument that niahy nen retain the full
vigor of their faculties years after they have
passed this period Impressed with this fact
they correctly considered that 1t would be
gross Injustice to the individual and an injury
to the State to deprive the bench Of the services
of an official at the very period, when, It well
preserved, he is supposed to have attained the
highest degTee of efficiency, resulting from
long experience, acquired in a great measure,
in the public service, and at the public ex-
pense.
It was therefore the intention that no OFF,
oial who was so fortunate as to retain the full
vigor of his faculties should be retired unwill-
ngly before the end of his term. For the purs
pose of retaining those who had not beco ne
disqualified on account of iniirmitys the LIZ
isleture was empowered to continue sach oiii-
cials TO the end of their term; and TOR the con-
sideration of such cases the session Immediately
preceding the date on which they shall iays
attained the age Of 20 years, was orlgiilated.
The object in selecting the session "next
preceding his attaining said age" was, that
the consideration of this question should be
brought as near as practicable to the prescrlbS
ed period. The shorter the time intervening
between the consideration of the case and the
Limitation period, the more intelligent aud
satisfactory will be the result OF the decision.
The constitution provides for regular bi n
NAL sessions of the Legislature, and 1t " IS
clearly the intention Of the trainers, that, this
question should be considered ,cithn two ye ,rs
Of the period of Limitation. If the1egislat1re
during the session Of 1858 had acted upon the
case of the Chief Judge Of the Seventh judicial
District Immediately after its organization, il
would whilst complying with the letter have
violated the spirit of that instrument, 40 the
time inter vening between the first month Of
that session and the SEVENTEEN anniversary
exceeds two years
The roper construction of the Intention, Id
order to secure the most satisfactory result, is,
that the Legislature should postpone the con-
sderation Of such cases to the latest prdctica-
BILE period preceding the date of Imitation
nc NlSuOm vi lulo GOuSAl uNllOu appNoAS iAOth
the fact that changes in the mental and ply
steal condition are liable to occur at any time
at that advanced age, and any action taken
two years ago in advance is liable TO nccessi-
tate subsequent action before the limitation
pefioi.
Even according to the strict letter of the
constitution, it was rot absolutely certain
that the session of 1888 was the proper one for
the consideration of this question. An ezra,
session held Mt any time during the year lS5J'
would have been in strict accordance With the
letter and nuitifed the action of the proceed
ing session.
OF course, the phrase, ''next pfscsding,d
WAS no doubt intended to apply 70 teInlat.
sessions, but If we adhere to the strict, Literal
meaning. the intention Of the trainers wall be
ignored by the existence ef contingency,
which, though unusual is Liable ut any time
TO occur.
Now, if we are allowed 10 accept the inter;
ton in lieu of the literal meaning in this casei
why should We not apply the same RUS in the
support of position that enables the law 10
be more satisfactorily enforced, and has every
reasonable argument in its favor.
1t cannot be urged that every possible pre-
caution was taken 10 prevent difference OF
opinion that is liable to arise ID such eontin.
geucy The insertion of tie word "reghdrH
before the clause session next preceding" So
as TO read Irregular session next preceding"
would have indicated positively that such
cases are net allowed to be Consdefed during
the tendency Of an extra session.
Whilst such action taken upon the eve Of
the Limitation period would be more satisfac4
tory and conclusive, it would likewise prevent
the possibility Of any embarrassment that
would arise in the event of an extra session,
in which eveat, If the clause session next
preceding his attaining said age literally con-
strucd would certainly neCessitate a reconsid-
Grafton of the entire question.
Now, when we come to reflect how much
more effective and satisfactory an action would
be- when taken upon the eve OF the SEVENTEEN
birth day, to one considered two years in ad-
vance, the embarrassment, annoyance, and
unnecessary expenditure of time that may
happen by the occurrence of contingencies
stated above, it becomes evident that the ses.
sion pending at the time that the official at
tains the age of 10 years is the proper one for
the consideration Of the resolution for the re.
moval of his disability.
1t appears that some are of the opinion that
the Legislature whilst acting upon a resou-
ton proposing to remove the disability Of a
judge he5 fine opportunity tc create va.
cancy by allowing other causes to operate be-
sues tudt VI luuElutbys L HS dtttutOn VI tue
legislature whilst considering a resolution
pending for this purpose is confined to but one
question, and it cannot take cognizance of
any other. That question relates to the mem
tai and physical condition Of the applicant,
and if there be no objection on this point, the
Legislature is In honor and in duty bound to
remove the disability.
The Legislature has ample power to remove
an Objectionable judge, and consider all ques-
tons of incompetency, malfeasancei etc, but
its proceedings must assume another FORM
and the result of its deliberations must be de-
termned by more decisive and emphatic
iote than that which is required for the adop-
ton of resolution 1t would not only be a
most unprlnclpled and dishonorable act to re-
ect a resolution of this nature for causes other
than the question of in6rmity, but it would
also be unconstitutional, rs it would effect by
a bare majority an object that vote of two
thirds is necessary to accomplish.
Although the clause empowering the Legis-
lature to act in such cases be not mandatory
IN form, yet it becomes apparent that it has
no discretionary power in the case; if the APP
plcant has through the effects of inirmlty be-
a