The citizen. (Frederick City, Md.) 1895-1923, 1905-03-31
COURT OF APPEALS SUS
TAINS MR.. VANDIVER.
Decides Governor Has No
Right to Vetoe Amendment
and Must Proclaim it so
That the People May Sus-
tain or Reject it-What it
is and What it Will Do.

by Hon. Murray Vandiver against
Governor Edwin Wartield to com.
pei the latter to pronounce the
Amendment in order that it may
be placed upon the ballot this
fall, has at last been made and
the verdict is against the Cover
nor-that a proposal TO amend
the Constitution does not need the
approval of the Governor and
that he has no authority to veto
il.
The opinion, which is a lengthy
one was written by Chief Judge
McSherry, and is concurred in,
except in one particular, by the
entire court. 1t SuStainS Mr.. Van
diver and the Democratic mana
gers on every point and it is with
great satisfaction that the party
will have an opportunity to place
itself III position to redeem the
pledges made two years ago, when
Governor Warfeld was elected
This the mendment will do
without in the least affecting the
rights of those who have always
been entitled to the suffrage.
The point brought out a week
or so ago concerning the words
"write or print" and the intima-
ton that the voter would be re-
quired to "write or print" the
words "For the Amendment" or
against the Amendment" on the
the ballot, instead of making the
usual croSs.mark, was disposed of
by the court, which held that there
is no force in the contention and
that the law plainly intends that
the cross mark shall he made.
The decision is an exhaustive
one, covering practically every
point made by the lawyers on
both sides in the case and leaving
no disputed feature untouched.
That the Governor has no power
TO veto a proposed Amendment TO
the Constitution the court held is
upheld both "by reason and by
authority.' The lawyers who APP
peared in the case were MeSsrS.
Bernard Carter. John p Poe and
Alonzo l.. Miles for Mr.. Vandiver
and Attorney General vii lam
Shepard Bryan, Jr., and Edgar
H. Cans for the Governor.
Instead of printing the opinion
in full the CITIZEN Incorporates
herewith an open letter written by
Chairman Naudiver which takes
up the Amendment in its entirety
and explains it most clearly.
Anyone reading it will come to a
better understanding of what 1t
proposes to do then by going
through the technical opinion,
however clear and reasonable it
may be.
WHAT IT PROPOSES AND WHY 1T
SHOULD BE ADOPTED.
This amendment was passed in avow-
ed redemption of the letter and the
spirit of the platform upon which our
Democratic Senate and House of Dele
gates, as well as Governor, Comptroller
and Attorney-General were elected.
An examination Of its terms will
abundantly show that it obeys the pop
ular mandate as expressed in their elec-
ton
1t is designed to give to the people an
opportunity to rescue our State from a
great evil.
1t is believed to be full, complete
and effective remedy, while at the same
time wholly free from valid constitu-
tional objection; and its trainers, adj
vocates and supporters voicing the senti
ments of the white people Of the State
feel that the crisis is one calling for a
vigorous measure that will meet and cure
this evil
1t preserves without change the exist
ing provisions of our Constitution, which
requires registration as an absolute con
dition precedent to the exercise of the
right to vote, and confers the right t.
registration only upon adult males who
have been residents of Maryland for al
least one year.
The changes which it proposes to oul
existing Constitution are shown in the
following new provisions
EVERY such male citizen of the
United States having the above pre-
scribed qualifications of age and resi-
dence shall be entitled to be registered ST
as to become a qualified voter if he be-
First. A person able to read any
Section of the Constitution of thii
State submitted to him by the Officer
Of Registration and to give reasonable
explanation of the same; or if unable tt
read such section able to understand anC
give explanation thereof when read t
him by the registration officers; or
Second. A person, who on the first
day Of January, 1869, or prior thereto,
was entitled to vote under the laws Of
this State or of any other State of the