Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1904-11-25
Will Not Publish the Constitutional
Amendments.

The long looked for letter which Gov
ernor Warfield and the public have been
expecting from Chairman Vandiver, OF the
Democratic State Central Committee, in
curing the Governors Intentions as to
whether he will publish the two Constitu
tional Amendments passed by the last Legis-
lature, was handed the Governor last Tues
day afternoon.
| GENERAL WANDERERS LETTER.
"Havre de Grace, Md, Nov. 20, 1904.
Ellis Excellency, Edwin Warfield, Governor
of Maryland, Annapolis, Md.
"Dear Sir-Your Excellency is well aware
of the fact that by vote of three. fifths of
all the members elected to the Senate and
House of Delegates, the General Assembly
at its last session proposed to the people two
amendments TO our Constitution, viz: One
to Section 1 of Article l, relating to the
elective franchise, and the other to Section
"a Of Article 8, relating to State appropria-
tons to public roads.
"Under the belief that proposals TO amend
the Constitution must emanate from the
General Assembly alone and that the ap-
proval of the Governor Is not necessary TO
entitle them, when duly passed by the pre-
scribed vote In each House, to be submitted
TO the people for adoption or rejection, and
that his veto can not lawfully prevent them
from being thus submitted, these two pro
posed amendments were not sent TO your
Excelency for your consideration.
"Your Excellency. however, In an official
communication to the General Assembly,
took occasion to express the opinion that q
bill proposing constitutional amendment
was precisely like any other bill and could
not be operative unless approved by the
Governor, or passed over his veto by the
prescribed three.fifths vote Of each house.
"And thus the matter stood at the end of
the session.
"As a registered voter and on behalf of
many other registered voters interested In
the question, respectfully request that you
will inform me whether this opinion of yours
will lead you TO refuse to cause these two
proposed constitutional amendments TO be
published as prescribed by Article IA OF the
Constitution, 80 that the people may have
an opportunity TO vote upon them at the
general election next November.
AIN making this request venture to ex-
press the hope that further reflection and q
careful examination of the adjudicated cases
upon the subject have led you to the con-
clusion that bill proposing to the people
an amendment to the Constitution, and
which until adopted by them is altogether
without legal effect, Is palpably different
measure from an ordinary Legislative bill In
Maryland, which the Governor must pass
upon before II becomes operative, that the
General Assembly alone without the con.
currence of the Governor has the exclusive
constitutional right to propose to the people
amendments TO the Constitution, and that
consequently upon this reconsideration OF
the subject your Excelency will ord or the
prescribed publication to be made.
"No harm can result from this course,
for the reason that II the people shall adopt
the proposed amendments all irregularity
in the mode of proposing them, supposing
that such irregularity may well be claimed
to exist, will thereby be effectually cured
while, on the other hand, their rejection by
the people will be equally conclusive.
SHOULD you, however, feel that your duty
requires you to withhold from the people all
opportunity TO vote upon these two measures
by declining TO publish them at least three
months before the election next November,
respectfully beg that your Excelency will
declare now what your purpose 10, 30 that
immediate steps may be taken TO bring the
question to a final judicial decision without
delay.
"frusting that you will favor me with an
early reply, am, very respectfully, your
obedient servant,
MURRAY VANDIvER."
THE GOVERNORS REPLY.
After reading the letter the Governor made
the following reply:
Executive Office,
Annapolis, Md, Nov. %, 1904.
"Hon. Murray Vandiver, Havre de Grace,
Maryland:
"My Dear Sir-In reply TO your commu
nIcatlon of 22d instant, | respectfully state
that, acting upon the advice Of the Attorney.
General of Maryland, the legal adviser OF
the Governor selected by the people, will
not cause to be published the proposed con.
stltutional amendments referred to by you,
because they have not been submitted TO
me for my approval as Governor, and, hence,
are not operative.
Very respectfully,
EDWIN WAKEFIELD,
Governor of Maryland"