The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1905-03-31
MOONS PHASES
THE SUFFRAGE AMENDMENT.

THE SUFFRAGE AMENDMENT.
The opinion of Chief Judge Nc
Sherry in the mandamus proceedings
compelling Governor Warfeld to pro-
claim the two proposed constitu
tional amendments so that the peo-
pie can vote upon the same this fall
is a victory far more complete than
first appearances indicate when we
consider the principles involved. 1t
settles for all time the peoples rights
over the will of their Executive The
trainers of the Constitution evidently
intended that the people should have
the right to amend their organic law
whenever they desired by having
their chosen representatives in the
Senate and House of Delegates pass
the desired amendments. Unlike or
binary laws, these amendments can
not become effective until the popu-
lar will has been shown in their ia
vor, and the necessity of a veto
power to protect the people from
themselves is an absurdity when a
final referendum is required in order
to render the legislation effective.
The Constitution of 1867 says, "To
guard against hasty or partial legis-
lation every bill = shall be
presented to the Governor of the
State" But as the learned Court
argues in this case, how can there be
haSty or partial legislation when the
peoples approval must be had in
due and regular form before the
amendments become a part Of the
Constitution
at isnot operative unless adopted
by the people. 1t is mere proposal
to amend until sanctioned by them;
and when adopted by their votes it
becomes, not a law in the sense in
which that word is used in the Con-
stitution, but "a part of the Consti-
tuition To hold other wise would
lead to an anomalous situation, for
if the bill proposing an amendment
must be signed by the Governor be-
fore being submitted to a vote of the
people, then the moment it is signed
by him it becomes, under section II,
Article 2, law with all the incidents
and consequences which that term
carries and conveys, notwithstand-
ing the fact that it is wholly inopera-
tive as law or in any other way
unless and until adopted by the peo-
pie.
"The people are the source of
power. 1t is they who make and alb
rogate written constitutions, and
when in the organic law which they
have chosen for themselves they have
designated the General Assembly,
consisting of a Senate and House of
Delegates and nothing more, to be
the agency for propounding amend
ments to the Constitution, no execu-
tive has the right to step in between
that agency and the people them
selves and to say that without his
approval they shall not be permitted
to express their views on measures
amendatory of the organic law.
"Whilst the Governor is intrusted
with power to protect the people
against hasty legislation, he is not
given a prerogative to guard them
against themselves in the matter of
amending the organic law. Heisno
superior to them. 1t is their will
which he must obey-it is not his will
which they must subserve."
No Democrat can criticise Governor
Warfeld's present position. The suit
in the Court of Appeals was an en-
tirely friendly one, and this final ad-
Indication would not have been pos
sible except for the cooperation of
the State authorities. The Governor
IN refusing to promulgate the amend
ments was acting under the advice of
his sworn adviser, the Attorney Cen
eral. He was bound by this advice
until reversed by the courts.
Now that the case has been finally
passed upon, the people of this State
will call on the Governor to redeem
his ante-election pledges. The plat
form of 1903 promised an abridg-
ment of suffrage by eliminating the
negro vote, and the present Chief
Executive of the State was elected
on its representations. At the open
ing Of the campaign he gave his SOL
emn pledge to see that tie proposed
election restrictions were incorpo-
rated into our organic law, and in
every speech he reiterated his manly
declarations. We cannot question
his sincerity nor can anyone afford
toassert that Governor Warfeld will
not redeem every promise he made
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