The Republican. [volume] (Oakland, Md.) 1877-current, 1936-09-17
1886
PROCLAMATION OF THE
GOVERNOR OF MARYLAND
PROPOSING AMENDMENTS
TO THE CONSTITUTION OF
THE STATE
THE STATE

WHEREAS, At the January session of the
General Assembly of Maryland, held in the
year 1885, an Act was passed. to-wit: Chapter
42e, proposing an amendment to Section 81
of Article of the Constitution Of the State
of Maryland. title Judiciary Department"
subtitle Part III-Cireuit Courts" provid-
ing for an additional Judge in the Sixth Judi.
cial Circuit of Maryland, and to provide for
the submission of said amendment to the
qualified voters of this State for adoption or
rejection: and
WHEREAS, At the January session Of the
General Assembly Of Maryland, held in the
year 1895, an Act was passed, to-wit: Chap
ter 584, proposing an amendment to Section
Is Of Article Of the Constitution of the State
of Maryland, title Legislative Department"
providing for the appointment of persons by
the Governor to fill vacancies in the House
of Delegates or in the Senate of the General
Assembly of Maryland, and providing for the
submission of said amendment to the quail
fed voters of the State for adoption or re-
lection; and
WHEREAS. At the Extraordinary session
of the General Assembly of Maryland, held in
the year 1886, an Act was passed, to-wit ::
Chapter ISL, proposing an amendment to
Section 80 of Article III of the Constitution
of the State of Maryland, title Legislative
Department" so as to strike out the pro.
vision therein to the effect that the General
Assembly shall grant no charter for banking
purposes, nor renew any banking corporation
now in existence, except upon the condition
that the stockholders shall be liable to the
amount of their respective share or shares of
stock in such banking institutions, for all
o. oh NJ
wise; and providing for the submission of
said amendment to the qualified voters of the
State of Maryland for adoption or rejection !;
in words and figures as follows:
CHAPTER 42s
AN ACT to amend Section 81 of Article 4.
title Judiciary Department" subtitle Part
III-Circuit Courts" of the Constitution of
this State, and to provide for the submits
sion of said amendment to the qualified
voters of this State for adoption or rejec-
ton.
Section l. Be it enacted by the General
Assembly of Maryland, That three-fifths of
all the members elected to each Of the two
houses coneurring, that the following sec
an amendment to Section 81 of Article A,
title Judiciary Department" subtitle Part
!I!-Circuit Courts" of the Constitution of
this State and if adopted by the legal and
it shall supersede and stand in the place and
stead of Section 81 of said Article A.
81. For each of the said circuits, except
ing the eighth and the third and the sixth,
there shall be a chief judge and two assoc-
ate judges, to be styled judges of the Circuit
Court. to be, elected or appointed as herein
provided, and for the third circuit and for
the sixth circuit, there shall be chief Judge
and three associate judges to be styled judges
of the Circuit Court, to be elected or appointed,
as herein provided. And no two of said
in1Opc for nf fho ifc
except the third and sixth circuits shall,
at the time of their election or appointment
or during the term for which they may have
been elected or appointed, reside in the same
county. If two or more persons shall be cam
didates for associate judge in the same
county in any, of the circuits. except the
said county shall be declared elected who
has the highest number of votes in the cir
cult. In case any two candidates for asso-
ciate judge in any of the circuits, except the
third and sixth circuits residing in the same
county shall have an equal number of votes
greater than any other candidates for asso-
duty of the Governor to order a new election
for one associate judge; but the person
residing in any other county of the circuit
and who has the highest number of votes
shall hold not less than two terms of the
Circuit Court in each of the counties COM
posing their respective circuits, at such
times as are now may hereafter be pre-
scribed to which jurors shall be summoned :;
and in those counties where only two such
terms are held, two other and intermediate
moned; they may alter or fix the time for
holding any or all terms, until otherwise
prescribed. and shall adopt rules to the end
that all business not requiring the interpo-
sition of the jury shall be, as far practic-
able, disposed of at said intermediate terms
One judge in each of the above circuits, in
Guiding the third and sixth circuits. shall
constitute quorum for the transaction of
any business; and the said judges or any
of them may hold special terms of their
courts, whenever in their discretion, the
terms necessary. The additional associate
judge for the third circuit herein provided
for shall be elected by the qualified voters
first election that shall be held in said
counties subsequent to the adoption of this
amendment, and the judge elected) shall
be subject to the same constitutional pro-
visions, hold his office for the same terms of
years, receive the same compensation and
have the same powers as are herein pro-
vided for the other associate judges in the
The additional judge for the sixth circuit
herein provided for shall be elected by the
qualified voters of Frederick and Montgom-
cry Counties at the first election that shall be
held in said counties subsequent to the
adoption Of this amendment and none shall
be appointed before that time. The judge
so elected shall be subject to the same con-
stitutional provisions, receive the same COM
pensation and have the same powers as are
herein provided for the other associate
judges, in the sixth circuit. The Chief Judge
may be elected from either Frederick or
Montgomery Counties, but when the Chief
Judge is elected from Frederick County one
of the associate judges shall be a resident
of said County and the two remaining asso-
ciate judges shall be residents of Mont
gomery County, and when the Chief Judge
is elected from Montgomery County one of
the associate judges shall be resident of
said Montgomery County and the remaining
two associate judges residents of Frederick
County. In case any candidate or candidates
for associate judge at any judicial election
held in the sixth judicial circuit shall receive
sufficient votes to cause such candidate or
candidates to be declared elected but the cleo
ton of such candidate candidates would
cause more associate judges than herein
permitted to reside in any county of said
circuit, then and in that event only that
candidate or those candidates, as the case
may be, residing in said county in the order
of the votes received shall be declared elected
whose election would provide the permitted
number of associate judges from said county
and the candidate or candidates the case
may be-. residing in the other county, and
not similarly disqualified, who shall have the
next highest number of votes in said election
shall be declared elected. If, by reason of
such a condition or by reason of an equal
vote for two or more candidates a sufficient
number of associate judges duly qualified as
tn residence as above set out should not be
elected at any election in said sixth judi
eial circuit, then it shall be the duty of the
Governor to order new election for such
untitled office or offices.
Sec. q And be it further enacted, That
the aforegoing section hereby proposed as
an amendment to the Constitution of this
State shall be, at the next general election
submitted to the legal and qualified voters
thereof for their adoption or rejection in
pursuance of directions contained in Article
a of the Constitution of this State, and at
fhn IL