Catoctin clarion., 1899-12-14
Newspaper Law Decisions.
initiative and KefercndUI Il IN

A BODY, known as the Direct uegls-
lative Association of Maryland, has set
out TO modify legislation IN this State
They begin oy proposing an amend
ment to Section 20, Article Ill, OF the
Constitution; the amendment providing
That the people expressly reserve to them
.c,vns thc f,gh, to propose laws Gncrrlipg
Constitutional nmcndmchts) when Tue zen
eral Assembly shall pass and submit 10
vote of the electors of the State for hnai en-
octment. and also the right to require tllat
any laws which the legislature may nave
enacted shall be submitted to vote or the
electors of the State or OF the county or mu-
nicipaty with relation to which sad laws
shall be enacted before they go INTO enecl
(rxcppt such laws as may he necessary lor
the immediate preservation OF thc puo,lc
peace, health and safety, or support OF the
State government and its existing puoic III
stitulions,) provided that not more IMAM D
per cent. OF the registered voters OF the s,"le'
County or municipality shall I've lequileu W
invoke either the initiative or referendum
This section shall not be construed so as TO
deprive the General Assembly, or any mem
Der thereof, of the right to propose any law
The veto power of the Governor shall ho'
be exercised as to laws passed upon by 'he
people. This section shall apply to coun'leS'
municipalities and their governing bodies
All laws not of the excepted character here
inbefore described except laws submitting
Constitutions! amendments) passed by the
General Assembly shall be suspended IN their
operations until vote by the people-Dy the
filing with the Secretary OF State before June
1st next. after the session at which they may
be passed, of t. petition signed by no more
than percent. of the registered electors o'
State praying for their submission to {"
general vote, and like petition on the part
Of the voters Of any county or municipality
aft, ctcd by any public local law and hIcd
with the County Commissioners or legislative
p)wer of any municipality shall have Ike
suspensiye effect The General Assembly
shall at once enact suitable legislation Tor
carrying into effect the provisions OF the sec.
ton.
q is further provided that the amendment
proposed to the Constitution shall be sub
mlJlCu 10 INC VOTES ~ lllC utAt S'hNi'i WV
ton and be printed on the official ballot as
all other proposed Constitutional amend
ments are printed
We believe that the general principle
involved is a correct one, but we lind
that they follow the beaten track Of
ultra reiormers in this that the latitude
given the proposed new departure is
unwarranted and will certainly prove
to be wholly impracticable: for instance,
the "exception, found in the first par
enthetic clause Of the above, is too
loosely worded-not sufficiently speCi-
fc-and if framed in language no more
defnitive, will result in much contu-
sion, laws intended to come under the
exception being claimed referable to the
people and rice versa. Again, that so
few as five per cent shall be able to IN.
woke the referendum in state, county or
municipality, is in our judgment at var
lance with the principle of responsible
representative government and beyond
that viii likely prove impracticab(e in
that there wiz be scarcely an item OF
legislation against whioh wiz not be
found as much as five per cent OF the
people in opposition, The result Of this
would be the reference to vote Of praC-
ticalIy every law passed by the Legis-
lature. AS we have said, we favor the
method of initiative aud referendum,
more particularly in local matters
county and municipa1-as in these the
local representatives in the Assembly
are as a RUE permitted to wholly direct
and control such legislation and are, ,un-
fortunately, at times subject to inhuen-
ces not IN accord with the pubic inter
est, but we shall not favor the adoption
Of so radical departure from the prin-
cipIo of responsible representative gov
ernment as that to be inaugurated an
der the plan as above set forth. 1t
would be weU to introduce the method
by being careful and specific in the
naming of a lesser number OF matters
in which the referendum may be in
voked; as to the initiative there is less
to fear in the matter of impracticability.