Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1885-12-11
The Constitutional Convention.


at The hands of the convention. Many new
features have already been discussed The
present judiciary system, it is thought, will he
very mate tally altered. The new convention
will be disposed to order a new ;ectioa for
county officers, which fact will not be the most
pleasing intelligence to the new V elected
county officials. 1t woui seem that We are
never to escape the worry and excitement Of
elections .-Frsdtrick CHl>sn.
Tie Citizen, in common with several of
our State contemporaries, seems to I've un-
der misapprehension with regard to the
powers of the General Assembly in regard
to constitutional convention. Ntsrly all
tie comments we have seen upon The matter
seem to regard it as discretionary with the
Assembly whether or not to cali conSti-
tutional convention, and some of our con
temporaries are suggesting that an amend
ment, reorganizing the judiciary system
should he proposed instead of calling q
constitutional convention.
The fact Of the matter is, however, that
the General Assembly has no discretion st
all in the premises; as will be seen by sec
ton of Art. Il of the present constitu-
ton which reads as follows:
SEC. 3 1t shall he the duty of the General
! Assembly to provide BY Law for taking at the
general election TO be held IN the year eighteen
hundred and eighty seven, aud every twenty
years thereafter, the sense of the People in re-
gard to calling a Convention for altering thi,
Constitution; and If a maj rity Of voters at
such election or elections shall vote fer 4 Con
vsBtion, the General Assembly at it's next seS
sion, shall provide by Law for the assembling
of such Convention. and for the election o!
Delegates thereto. Each County, ami Legis-
lative District Of the city OF Baltimore sh- n
have in such Convention, a number Of Dele
gates equal TO It's representation in both Houses
at the time at which the Convention is called
But any Constitution. or change, or amend
ment Of the existing Constitution. which nay
( be adopted By such Convention, shall he sub
mitted to the voters Of this State and shall
have no effect unless the same shall have been
adopted by a majority Of the voters voting
thereon.
/ 1t will thus be seen that the next Gen
eral Assembly is specifically required BY
the present constitution to provide by law
for the taking of the sense Of the people
at the general election in 1887 in regard
to calling a cons itutiona' convention, and
that it will be its constitutional duty to
do so; no discretion Icing lett in the pres
misses. It wi a'so lie seen that no further
action in the matter can be taken in tie
year 1886, and that no election Of delegates
can take place until some time in the year
1888. The approaching Legislature will
merely provide by law for the fixing Of
the sense OF the people at he general cleo
ton in 1897, and if it be them decided Ky
the people to have q constitutional con
vention, it will become the duty Of the
Legislature f1S9S TO provide for the clcc-
ton of delegates snd the holding Of a con
vention, which will probably tike place
sometime in the wear 1888. It viii thus
appear that the present constitui ion will
probably continue in opera ion at least
until the year 1889.
The tenor of all the comments We have
seen upon the question seems TO indicate
general dissatisfaction throu2 bout the
STATE with the present Gd.ciary sys en-
and there seems to be general ceacGr-
renee in the opinion that the present con
stitution should be So FAR remodeled rs to
effect a complete reorganization Of the iu
dietary, 81 as to have the Court Of Appeals
and the county courts entire'y separate
and distinct tribunals. Further than this,
however, there does not seem to be any
serious dissatisfac ion with the present
constitution.
If this be the extent to which it IS de
sirable to alter the present constitution. it
may fairly be questioned whether it will
be necessary or .iustifyable to run the State
to the expense Of a constitutional conven-
ion for this single purpose And in this
connection the question arises would it
not be wise for the coming Legislature To
submit an amendment to the people 10 lie
voted on at the next election. providing
for the reorg IMITATION of the Judiciary
system Such an amendment would pro-
baby be promptly adopted and cou i 20
into operation by the beginning of the
year 1887. Then, assuming that the judi
ciary system is the chief source of dissat-
istaction with the present constitution, it
is probable that, with this Objectionable
feature already Topped off by amendment
the people would decide at the election in
1887 not to have any constitutional con
vention. and that large expense would be
thus saved TO the State This matter is
worthy of the serious consideration Of the
next Legis stature.