The Republican. [volume] (Oakland, Md.) 1877-current, 1940-09-19
CONSTITUTIONAL AMENDMENTS

| CONSTITUTIONAL AMENDMENTS
the Constitutional Amendment" and Against
the Constitutional Amendment, as now pro-
vided by law, and Immediately after said cleo
ton due returns shall be made to the Governor
of the vote for and against the said proposed
amendment as directed by said Fourteenth
Article of the Constitution, and further pro
ceedings had in accordance with said Article
Fourteen,
Approved April &c. 1889.
CHAPTER 81.
AN ACT to amend Section Il of Article d,
title Judiciary Department" subtitle Part
III-Circuit Courts of the Constitution OF
this State. providing for the residential
qualification and method of selection OF AS
sociate Judges in the Third Judicial Circuit
and to provide for the submission of said
amendment to the qualified voters of this
State for adoption or rejection.
Section l. Be it enacted by the General AS
sembly of Maryland, That tthree-ffths OF all
members elected to each of the two Houses
concurring) the following section be and the
same is hereby proposed an amendment TO
Section 81 of Article A. of the Constitution OF
Maryland, title Judiciary Department, sub
title Part III-Circuit Courts, the same. II
adopted by the legal and qualified voters there
of as herein provided. to become Section Il
of Article of the Constitution of the State
of Maryland.
81. For each of the said circuits, excepting
the eighth the second, the third and the sixth,
there shall be a chief judge and two associate
Judges TO be STYLED Judges of the Circuit Court,
to be selected or appointed as herein provided,
and for the second circuit, the third circuit
and 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 two of
said associate judges for any of the said cir
cults, 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 candi-
dates for associate judge in the same county
in any of the circuits, except the third and
sixth circuits, that one only in said county
shall be declared elected who has the highest
number of votes in the circuit In case any
two candidates for associate judge in any one
of the circuits, except the third and sixth cir
cults residing in the same county shall have
an equal number of votes greater than any
other candidates for associate judge in the cir
cult, it shall be the duty of the Governor to
order 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 be declared elected. The said
judges shall hold not less than two terms of
the Circuit Court in each of the counties COM
posing their respective circuits, at such times
may hereafter be prescribed to
which jurors shall be summoned and in those
counties where only two such terms held,
two other and intermediate terms, to which
jurors shall not be summoned; they may alter
or fix the times for holding any or all terms,
until otherwise prescribed. and shall adopt
rules to the end that all business not requir-
ing the interposition of the jury shall be, as
far as practicable, disposed of at said inter
mediate terms One judge in each of the above
circuits. including the second, the third and
the sixth circuits. shall constitute a 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 dis
cretion the business of the several counties
renders such terms necessary
In, Nhn frL Nxrrp e said Acca 70
Judges shall at all times be bona fide residents
of Baltimore County, and one of said Associ-
ate Judges the Chief Judge be bona fide
resident of Hartford County. and said Judges
shall have been such residents six months prior
to their appointment election.
The additional associate judge for the sec
ond circuit herein provided for shall be a res
ident of Cecil county, shall be appointed by
the Governor after the expiration of six 90
months after the adoption of this amendment
and shall serve until the first general election
for members of the General Assembly that
shall be held in, said circuit subsequent to the
adoption of this amendment, at which election
his successor shall be elected by the qualified
voters of Caroline. Cecil, Kent, Queen Anne's
and Talbot Counties, constituting the second
circuit. The judge appointed shall be subject
to the same constitutional provisions, receive
the same compensation and have the same pow
ers are herein provided for the other
ciate judges in the second circuit, and the
judge SO elected shall be subject to the same
the same term of years. receive the same com
pensation, and have the powers
herein provided for the other associate judges
in the second circuit.
The additional Judge for the sixth circuit
herein provided for and elected by the quail
fled voters of Frederick and Montgomery Coun-
ties at the 1888 election in accordance with
the terms of the Constitutional Amendment
heretofore submitted and adopted shall be
subject to the constitutional provisions,
receive the same compensation and have the
same powers as are herein provided for the
other associate judges in the sixth circuit
and his successor shall be appointed andlor
elected in accordance with the constitutional
gomery Counties, but when the Chief Judge
may be elected from either Frederick or Mont
gomery 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 associate judges
shall be residents of Montgomery County, and
when the Chief Judge is elected from Mont
gomery County one of the associate judges
shall be resident of said Montgomery County
and the remaining two associate judges resi-
dents of Frederick County. In any candi-
date or candidates for associate judge at any
judicial election held in the third and sixth
Judicial circuits shall receive sufficient votes
to cause such candidate or candidates to be
declared elected. but the election of such can
didate or candidates would cause asso-
ciate judges than herein permitted to reside
in any county of said circuits, then and in
that event only that candidate those candi-
udJtS, as JIe case may De, residing IN SAID
county in the order of the votes received shall
be declared elected whose election would pro-
vide the permitted number of associate judges
from SAID county and the candidate or candi-
dates, as 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 can
didates a sufficient number of associate judges
duly qualified as to residence as above set out
should not be elected at any election in said
third and sixth judicial circuits, then it shall
be the duty of the Governor TO order new
election for such untitled office or Offices
Sec. 2. And be it further enacted That the
aforegoing section hereby proposed as an
amendment to the Constitution of this State
snail be, at the next general election to be
held in this State in the year 1940 submitted
to the legal and qualified voters thereof for
their adoption or rejection in pursuance of
directions contained in Article IA of the Con-
stitution of this State, and at the said general
election the vote on the said proposed amend
ment shall be by ballot and upon each ballot
there shall be printed the words For the Com
stitutional Amendment" and Against the Con-
stitutional Amendment" as now prescribed by
law, and Immediately after said election due
returns shall be made to the Governor of the
vote for and against said proposed amendment
as directed by said Article IA of the Consti-
tuition.
Approved: May II, 1889.
CHAPTER 381.
AN ACT to propose an amendment to Section
l, of Article ii. title Executive Depart
ment,' of the State Constitution, to provide
that a Governor shall not be eligible to sue
coed himself for the term directly following
that for which he was elected and to pro-
vide for the submission of said amendment