The Republican. [volume] (Oakland, Md.) 1877-current, 1960-10-13

TINE SUCH WACANCY OCCUR,
RED; and IN ease there be no Comttoi-
Ter Of The State, or IN the case Of ms
tefHa! to Srrgc, and IN the case of his
death, resignation, rclHo5 al from the
State or other disqualification seliiic dis
charging the duties of SAID office of COZ
erH0y, then the duties of said office ShaH
in Ike manner and for the same iHtcrval
devolyc nf0H The AHoyncy General Of
the State AT THE TINE SUCH
VACANCY OCCURRED. And the
Legislature may provide by law, for tile
impeachment of the Governor; and in
case of his conviction, or his inability,
may declare what person shall perform
the Executive duties; and for any va
cancy in said office not herein provided
for, provision may be made by law and
If such vacancy should occur without
such provision being made, the Legis-
lature shall be convened by the Sccre-
tary Of State, for the purpose of filling
such vacancy.
SEC 2. ind be it further enacted,
That the aforcEoing section hereby pro-
posed as an amendment to the Constitu-
tion Of this State shall be, at the next
general election, to be held in this State
in the year 1900, submitted to the legal
and qualified voters thereof for their
adoption or rejection in pursuance Of
directions contained in Article Ii of the
Constitution of this State, and at the
proposed amendment shall be by ballot,
and upon each ballot there shall be print
ed the words For the Constitutional
Amendment" and Against the Consti-
tutional Amendment as now prescribed
by law, and Immediately after said cleo
ton, due returns shall be made 10 the
Governor OF the vote for and against
said proposed amendment, as directed by
said Article "a Of the Constitution, and
further proceedings had in accordance
Nur nd AefT 10
ExpLANAr1ox; Italics indicate new
matter added to eristinq II5U.
Brackets indicate matter stricken
from existing law.
CAPITALS indicate amendments to
bill.
CHAPTER NO. 761
AN ACT to propose an amendment TO
Section 81 OF Article " of the Con-
stitution Of Maryland, title Judiciary
Department, subtitle Part III
Circuit Courts, TO provide Tor an adj
ditonal Judge Of the Circuit COURT
in Montgomery County, to be elected
by the qualified voters of said County
at the first biennial general election for
Representatives in Congress after the
adoption Of the said amendment TO
PROVIDE FOR AN ADDITIONAL
IgDGE IN TIE SEGQND lUDI,
THE ELIGIBILITY OF MEM
BEERS OF THE GENERAL AS
SEMBLY FOR THE OFFICE OF
JUDGE, AND SUBMITTING THIS
AMENDMENT TO THE QUAIL
FLED VOTERS OF THE STATE
FOR ADOPTION OR REJECTION.
SECTION /. Be it enacted by the Cen
eral Assembly Of Maryland, Cthree-ffths
Of all members elected to each of the
the two Houses concurring), That the
following Section be and the same is
hereby proposed as an amendment to
Section p of Article " OF the Consti-
tuition of Maryland, title Judiciary De-
partment", subtitle Part III-Circuit
Courts, the same. if adopted by the
legal and qualified voters of the State
as herein provided, TO become Section
q of Article ~ OF the Constitution of
Maryland.
81. From and after January l, 1858,
there shall be in the third, fourth, fifth,
sixth and seventh circuits at least one
judge for each county, who shall be a
resident of the county in which he shall
hold Office, and who shall be elected by
the voters thereof, TO be styled Judges
of the circuit court, to be elected or ap-
pointed as herein provided. Tie number
OF Judges for any of the circuits or for
any of the counties, may be increased
or decreased by the General Assembly
from time TO time, and any vacancy so
created shall be filed provided in Sec
ton 5 OF this Article except that in the
third, fourth, fifth, sixth and seventh
than one judge for each county and in all
of the IcrcuitsI CIRCUITS there shall
never be less than FOUR for each cir
cult. The senior judge in length OF service
shall be the Chief Judge OF the Circuit;
the other Judge or judges shall be as
sociate judges In the first and second
judicial circuits no two Of said judges
OF the circuit court shall at the time Of
their election or appointment, or during
the term for which they may have been
fla az 1t~nt 4 III
county. In the first and second judicial
circuits, i'll case any candidate or candi-
dates for judge at any election shall
receive sufficient votes to cause such
candidate or candidates 10 be declared
elected, but the election of such Candi-
date or candidates would cause more
judges than herein permitted TO reside
in any county Of the circuit, then and
in that event there shall be declared
elected only that candidate or those can
didates residing in said county, in the
order of the votes received, whose cleo
ton would provide the permitted num-
Der OF judges from said county, and also
the candidate or candidates residing in
some other county, and not similarly
disqualified, who shall have the next
highest number of votes in said election.
IT, by reason of such condition or by
reason of an equal vote for two or more
candidates a sufficient number OF judges
duly qualified as TO residence shall not
pS erected al any election, then II snail
be the duty of the Governor to order a
new election for such untitled office or
offices. From and after December /,
1854, there shall be not less than Three
judges resident in Montgomery County
and not less thani two judges resident
in Anne Arundel County, and in Prince
Georges County and not less than three
judges resident in Baltimore County
1.-THE vacancies in Garrett, Montgomery,
and Prince Georges County created by
tic adoption of this amendment shall be
filed as provided in Section of this
Artcle.l From and after December /,
1900, there shall be not less tAdn fee
Judges resident in Montgomery County.
notwithstanding any other provision
OF this Article the Vacancies in Anne
arundel, Baltimore and St. Mary's
Counuesl vacancy M Montgomery CoHil-
ty created by the adoption of this
amendment shall not be filled by appoint
ment as provided in Section of this
Article, but at the first biennial general
election for Representatives in Congress,
after the adoption of this amendment a
judge shall be elected by the qualified
voters of IAnne Arundel, Baltimore and
St Mary's Counties, respectivelyl
Montgomery County to fill such vacancy
in Ieachl S"ch county. Any other va
cancy in the Office of Judge of the Cir
cult Court for IAnne Arundel, Bati-
more and St. Mary's Countiesi Mont
Qomery County AND ANY VACANCY
IN THE SECOND JUDICIAL CIR
CUT shall be filled as provided in
Sections 3 and of this Article, EX-
CEPT THAT THE PERSON mi
TALLY APPOINTED TO FILL
THE VACANCY IN THE SECOND
JUDICIAL CIRCUIT SHALL BE A
RESIDENT OF KENT COUNTY.
The said judges shall hold such terms
of the Circuit Court in each of the
Counties composing their respective cir
cults, at such times as arc now pre-
scribed or may hereafter be prescribed
by rules or regulations by the Court of
Appeals or otherwise by law. One Judge
in each of the first seven 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, when in their discretion,
the business of the several counties rem
ders such terms neccs sary.
All provisions OF the Constitution of
Maryland and all Acts of the General
Assembly relating to the Court of Ap-
peas or any other courts, and all rules
heretofore adopted by the Court of APP
peas, not inconsistent with the provi-
sons of the sections amended or added
by this amendment shall remain in full
force and effect unless and until amend
cd or repealed by proper authority. All
al b,1 I,r Ia,