The Republican. [volume] (Oakland, Md.) 1877-current, 1960-11-03

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 pfovi-
sons 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shall be repealed or abrogated to the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 35A of Article III of this Constitu-
ton, provided, however, that in The event
OF any Inconsistency between the provi-
sons of the Sections thus amended or
added and any Of the other provisions
OF the sections thus amended or added
5ila 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
yember, 1914, or at the election held in
November, 1854, or at the election held
81 NorcWbey 1900 the changes made
by these amendments and all such other
amendments to this Constitution shall all
be given effect.
SEC. 2. And be it further enacted,
That the aforegoing section hereby pro-
posed as an amendment TO the Constitti-
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 IA 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 he made
to the Governor of the vote for and
against said proposed amendment. as
directed by said Article ~ of the Con-
stitution, and further proceedings had
7tFgth Al L.. 4
EXPLANATION: italics indicate ne7U
matter added 10 eriSfiNg lac.
lBTacketsl indicate matter stricken
from existing law.
CAPITALS indicate amendments to
bill.
CHAPTER NO. II
AN ACT to propose an amendment to
Section IA 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 tie
Court, to provide for quorums and the
number of judges necessary for a
decision of the Court, and submitting
this amendment to the qualified voters
OF the State for adoption or rejection.
SECTION l. Be it enacted by the GEN
erGl Assembly Of MdryldHd, (Three-
hfths of all the Members elected to each
Of the two Houses concurring), That
the following section be and it is hereby
proposed as an amendment to Section IA
OF Article " of the Constitution of
Maryland, title Judiciary Department,
subtitle Part lI-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. Niary's Counties; and one
from the Third Appellate Judicial Cir
quit, 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 Appellate Judicial Circuits,
their terms to begin on the date of their
qualification The Court of Appeals
shall be composed of SeVen Judges, one
from the FIRST APBeilGte Judicial CIR
cut consisting Of Cecil, Kent, Q"ee"
AIMne'S, Caroline, Talbot, Dorchester,
Wieomieo, Worcester and Somerset
coujttieS;; one from tie Second APPEL
LATE Judicial Circuit consisting of
baltimore and HGrfOrd counties; one
from the THIRD APbeHate Judicial Cir
Garrett, Montgomery and WdshiAgtoH
Counties; one from The Fourth APPELLATE
Judicial Circuit, consisting of Prince
Georges, CGlVert, Charles and St. Mary's
coantiesj one from the Fifth APPELLATE
Judicial Circuit, consisting of dime
Ayandel, Carroll aud Ho-0ayd counties;
aud tho from the Sixth appellate Judi-
cidl Circuit, consisting of Baltimore City.
The Judges of the Court of 1bpeGls
shall be residents Of aud be elected by
the qualified Toters. of their respective
AfPeiate. Judicial Circuits. The term Of
begin on the date Of his qualification er-
cePt that each Of the Judges Of the Court
of APPeGIs III office at the time this
amendment to the Constitution takes
effect shall continue to hold office for
the balance of the term for 2Ohich he agdS
elected or APPOINTED or anil he shall
haze attained tie age of seventy years,
whichever may first harlem. One of the
Judges Of the Court of Appeals shall be
designated by the Governor as the Chief
JduSt. liz JuIlSQlCllOil OF tue 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 to 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
slttlngs 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 a quorum, and
the concurrence of a majority of a
quorum shall be sufficient for the deci-
sion OF any cause.l Fi0e of the Judges
5h1H constitute q quorum, and fpe
Judges shall SIT III each case .4HieSS the
Court shall direct that an additional
Judge or Judges sit for any case. The
CONCURRENCE Of a majority of those SIT.
ting shall be Sufficient for The decision Of
any caase, AND AN EQUAL DIVI-
SION OF THOSE SITTING IN A
CASE HAS THE EFFECT OF AZ
FIRMING THE DECISION AP-
PEALED FROM IF THERE is NO
APPLICATION FOR RE-ARGUMENT
AS HEREINAFTER PROVIDED. IN
any case IOtere there is a, equal dir
sion or a three to tuo division Of the
Court reayguniert before the fnH
Court Of seven judges shall be granted
TO the losing Party upon APPLICATION as
matter Of right.
SEC. 2. And be it further enacted,
That the foregoing section hereby pro
posed as an amendment TO the Constitu-
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
Their proceedings had in accordance with
Article XIV.
EXPLANATION: Italics indicate netg
matter added to existing IG1g.
IBracketsI indicate matter stricken
1a,y