The Republican. [volume] (Oakland, Md.) 1877-current, 1960-10-20

inconsistency between the provisions OF
any section amended or added by these
amendments and any of the other pro
visions of this Constitution or the pro-
visions of any existing law, the provi-
sions of the sections amended or added
shall prevail, and such other provisions
shall be repealed or abrogated TO the
extent of such inconsistency, except Sec
ton 3SA OF Article III of this Constitu-
ton, provided, however, that in the event
of any inconsistency between the provi-
sions of the Sections thus amended or
added and any of the other provisions
OF the sections thus amended or added
and any of the other provisions of this
Constitution as amended by any other
amendments which may be adopted at the
same time or times as these amend
ments, lie. at the election held in No
vember, 1914, or at the election held in
November, 1854, or at the election held
IN N09epIber, 1860, the changes made
by these amendments and all such other
amendments to this Constitution shall all
be given effect.
SEC. 2. lind be It further enacted,
That the aforegoing section hereby pro
posed as an amendment TO the Consttu-
ton of this State shall be, at the next
general election, to be held in this State
in the year 1860, submitted TO the legal
and qualified voters thereof for their
adoption or rejection in pursuance of
directions contained in Article IL of the
Constitution of this State, and at the
said general election, the vote on the
said proposed amendment shall be by
ballot, and upon each ballot there shall
be printed the words For the Consti-
tutional Amendment" and Against the
Constitutional Amendment, as now pre-
scribed 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 II of the Con-
sttution, and further proceedings had
in accordance with said Article IA.
ExPLANATIoN; Italics indicate negV
matter added 10 existing Id7V.
IBracketsl indicate matter stricken
from existing law.
CAPITALS indicate amendments to
bill.
CHAPTER NO. II
AN ACT to propose an amendment to
Section II of Article " of the Con
stitution of Maryland, title Judiciary
Department, subtitle Part II
Court Of Appeals, to increase the
membership of the Court of Appeals
of Maryland, to provide for their
selection from appellate judicial cir
cults and for the terms of Office
of present and new members of the
Court, to provide for quorums and the
number of judges necessary for a
decision of the Court, and submitting
of the State for adoption or rejection.
SECTION !. Be II enacted by the Gen
erdl assembly of Mdrylard, (Three-
fifths of all the Members elected TO each
of the two Houses concurrng), That
the following section be and it is hereby
OF Article ~ OF the Constitution OF
Maryland, title Judiciary Department,
subtitle Part II-Court of Appeals,
if adopted by the legal and qualified
voters of the State as herein provided,
to become part of the Constitution of
Maryland
IA. 1.-THE Court of Appeals shall be
composed of FIVE Judges, two from the
City of Baltimore; one from the First
Appellate Judicial Circuit, consisting of
Cecil, Kent, Queen Anne's, Caroline,
Talbot, Dorchester, Wicomico, Worcester
Second Appellate Judicial Circuit, con
sisting of Hartford, Baltimore. Anne
Arundel, Prince Georges, Charles, Cal
vert and St. Mary's Counties; and one
from the Third Appellate Judicial Cir
cult, consisting of Carroll, Howard,
Allegany and Garrett Counties. The
City of Baltimore shall, for the purposes
of this section, be designated as the
Fourth Appellate Judicial Circuit. The
Judges of the Court of Appeals shall be
elected by the qualified voters of their
respective Appreciate judicial OitCuitS,
their terms to begin on the date Of their
qualifications The Court of appeals
shall be composed of screen Judges, one
from the First APPELLATE Judicial Cir
cut consisting of Cecil, Kent, Queen
Anne's, Caroline, Talbot, Dorchester,
WiconiicO, Worcester and Somerset
counties; one from the Second APPEL
LATE Judicial Circuit consisting of
Baltimore aud Hartford counties; one
from the Third appellate Judicial Cir
cut, consisting of AHegdHy, Frederick,
Garrett, Montgomery and Washington
counties; one from the Fourth appellate
Judicial Circuit, consisting of Prince
Georges, Calveyt, Charles and St. Mary's
counties; one from the Fifth appellate
Judicial Circuit, consisting of Anne
arundel, Carroll and HozUdyd counties:
and tao from the Sixth appellate Jndi-
cidI Circuit, consisting of Baltimore City.
The Judges of the Court of 4Abpeais
shall be residents of and be elected by
the qualified voters of their RESPECTIVE
APPelGte Judicial Circuits. The term of
each Judge of the Court of Appeals shall
begin on the date of his quail fcdti0r e.
oept that each of TIE Judges of the Court
Of APpeGls in office at the time this
effect shall continue to hold office for
the balance of the term for 7Vhich he 5gds
elected or APPOINTED or HnfH he shall
haze attained the age of seventy years,
whichever may first hdffen. One of the
Judges of the Court of Appeals shall be
designated by the Governor as the Chief
Judge. The jurisdiction of the Court of
Appeals shall be co-extensive with the
limits of the State and such as now is
or may hereafter be prescribed by law
1t shall hold its sessions in the City of
Annapolis at such time or times as it
shall from time 10 time by rule pre-
scribe. Its session or sessions shall con-
tinue not less than ten months in each
year, if the business before it shall so
require, and it shall be competent for
the judges temporarily TO transfer their
sttings elsewhere upon sufficient cause.
The salary of each Judge of the Court
OF Appeals shall be that now or here
after prescribed by the General Assembly
and shall not be diminished during his
continuance in Office. Three of the
Judges shall constitute quorum, and
the concurrence of a majority of a
quorum shall be sufficient for the deci-
sion OF any causel FiVe of the Judges
shall constitute quorum, and fve
Judges shall SIT IN each case mleSs the
Court shall direct that an additional
Judge or Judges sit for any case. The
concurrence Of a majority of those SIT
ting 5kaH be sufficient for the decision of
s q cause, AND An EQUAL DIVI-
CASE HAS THE EFFECT OF AT
FGRMING THE DECISION APP
PEALED FROM IF THERE is NO
APPLICATION FOR RE-ARGUMENT
AS HEREINAFTER PROVIDED. IN
any case 7Ohere there is an equal di5'i-
sion or three to tao di5iSion of the
Court yedrgument before the fnH
Court Of screen Judges shall be granted
to the losing party nPon APPLICATION as
matter Of right.
SEC. 2. Ind be It further enacted.
That the foregoing section hereby pro-
posed as an amendment TO the Consttu-
ton of this State, at the next general
election to be held in this State in the
year 1860, shall be submitted to the
legal and qualified voters thereof for
their adoption or rejection in pursuance
OF the directions contained in Article
XIV of the Constitution of this State,
and at the said general election the vote
on this proposed amendment shall be by
ballot and upon each ballot there shall
be printed the words For the Constitu-
tional Amendment" and Against the
Constitutional Amendment, as now pro-
vided by law, and Immediately after the
election, due returns shall be made TO
the Governor OF the vote for and against
this proposed amendment as directed by
Article XIV of the Constitution and fur
ther proceedings had in accordance with
Article XIV.
EXPLANATION: Italics indicate new
matter added to existing Id1V.
IBracketsI indicate matter stricken
from existing law.
CAPITALS indicate amendments to