The Democratic advocate., 1904-12-03
The Constitutional Amendment.

There is pending in the Circuit Court for
Anne Arundel county friendly suit between
Hon. Murray Vandiver and Gov. Warfeld.
Last winter bill proposing an amendmant to
the Constitution of Maryland was passed. Its
design was to eliminate the ignorant negro
vote, with its blighting effects upon the elec,
tive franchise and the general conditions of
affairs where the negro vote is very heavy.
While agreeing with the principle of the pro-
posed amendment, Governor Warfeld opposed
its passage. He also contended that the bill
was illegally passed, as it was not presented
to him for his signature. After the bill had
been passed it was sent to the Clerk of the
Court of Appeals to hold until further direc-
tions.
As the Governor held the amendment was
illegally passed, in which view he was sus-
tanned by Attorney General Bryan, it was
supposed he would not have the proposed
amendment published in two papers in each
county and three in Baltimore, as the Const
tuition directs. Mr.. Vandiver addressed a note
to the Governor, recently, asking his intention
upon the matter and was informed that he
had not changed his MUD since last winter,
whereupon Mr. Vandiver has applied to the
Circuit Court for Anne Arundel county for
writ of mandamus 10 compel the Governor 10
publish the amendment. The ease will then
go the Court of Appeals for final decision.
There ought not be any difference Of opin-
ion upon such plain matter The veto
power, by Section II of Article ,. was con.
ferred upon the Governor primarily ''to guard
against hasty or partial legislation. Section
30 of Article ,, requires that every bill, when
passed by the General Assembly, shall be
presented to the Governor, who, if he ap-
proves it, shall sign the same in the presence
of the presiding officers and chief clerks of
the two houses &c.
These provisions pertain only to general
legislation. Article IA provides how amend
ments to the Constitution may be proposed
aud the only duty the Governor has in the
matter is to cause the publication OF the pro-
posed amendment or amendments. 1t IS a
specific article of the Constitution. dealing
with specific matter, and IT takes away from
the Governor the power to approve or disap
prove proposed constitutional amendments
and places it in the hands OF the voters. The J
Governors approval of a bill proposing y
Constitutional amendment could not NAKED
operative, but his signature to any other sort
ofa bill would. Had he the power 10 veto
bills proposing constitutional amendments It
world usurp the rights Of the people Should
he choose to do so he could prevent any pro-
posed amendment being submitted 70 the
people.
Article IA Of the Constitution contains two
sections. the second one simply providing for
submitting to the people in the year 1887, and
every twenty years thereafter, the question OF
whether ihev desire the calling Of a eonven.
ton for altering the Constitution Here Is
the first section, the one that ought to deter
mine the friendly suit between Mr.. Fandiver
aud Governor Warfeid
Section |. The General Assembly may
propose Amendments to this Constitution; pro
vided. that each Amendment shall be en-
hraced in a separate Bill. embodyiHg the Ar
ticle or Section, as the same will stand when
amended and passed by three -fifths Of ali the
members elected TO each Of the two Hoases, BY
yeas and NAYS, 10 be entered On the Journals
with the proposed Amendment. The Bill, or
Bills. proposing amendment, or amendments,
shall be published by order Of the Governor,
in at least two newspapers ~ each county
where so many may be published, and where
not more than one nay be published, then 70
that newspaper. and in three newspapers pub
lished in the CITY Of Baltimore, one OF which
shall be in the German language. once a week,
for at least three months preceding 'he next
ensuing general election, at which the SAID
proposed amendment, or amendments shall be
submitted, in form TO be prescribed by the
General Assembly, TO the qualified voters oi
the State for adoption OF rejection. The
votes cast for and against said proposed
amendment. or amendments, severaiiy- shall
be returned to the Governor. IA the manner
prescribed in other cases. and Ifit shall appear I
to the Governor that majority oi the voies 4
cast at said election on said amendment. or /
amendments, seyeraily, were cast "a tavor /
thereof. the Governor shall, by his Pro I
clamation, declare the said amendment. cr 4
amendments. having received said majority I
of votes. 10 have been adopted by the People /
OF Maryland as part os the Constitution /
thereof, and thcnceterth said amendment, I
or amendments shall be part oi the s1ld 1
Constitution When two or more amend
menis shall be submitted, ia manner aiore
said. TO the voters OF this State al the sane
election. they shall be so Submitted rs that [
each amendment shall be voted en- separately. |