Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1915-07-23
Against Constitutional Convention

The following communication, penned in
opposition to Constitutional Convention
for this State, appeared in last weeks
Frederick Citizen. 1t was written by Mr..
A. D. Willard. prominent lawyer of Fred
erick City, and contains impressive areu-
ment upon the subject
"Messrs. Editors IL have read with in
terest in recent issues Of The Citizen the
views expressed by several prominent
lawyers of this city in advocacy of Con-
stitutional Convention for the purpose of
framing a new Constitution.
I'VE all know that our State Constitution
has been defined by our Court of Appeals
in such way that lawyer at the pres
ent time is reasonably safe in giving an
opinion when a constitutional question
arises. Therefore do not believe Con-
stitutional Convention will change our Bill
of Rights and Constitution appreciably.
Although may be somewhat of back
number in my ideas and opinions. con-
tend that If they change phrase or word
of it, it will mean that cases will be sent
to the Court Of Appeals for the construc-
ton of a new constitution at the expense
of the laymen. which think is entirely
unnecessary.
II wish to raise my feeble voice against
a Constitutional Convention and a new
Constitution on the grounds that il is I'M
necessary, that it will require every judge
on the bench to again make campaign
for nomination and election. thereby adding
great deal of expense to the taxpayers
Of the State. and in the end. in my opin-
ion, with nothing accomplished.
Il myself have been defeated for the
high honor of Associate Judge of this
Court. and therefore ought not to be
blamed for expressing my honest opinion
in this matter, which in all probability, if
Constitutional Convention were held,
would mean another opportunity for me,
should so desire. in the primaries. at
least. Undoubtedly the calling of new
Constitutional Convention will give num-
Der OF people special recognition and fine
salaries. but you will find when all is re-
vealed and made known to the people, it
will be just about the same as our old Bill
Of Rights and Constitution as they now
stand. do not believe the people will
stand for any appreciable change in our
Bill of Rights and Constitution.
THE people in general seem to be salts
fled with our judiciary and our judicial
system, and | do not think 1t right or
proper to have these men 90 through an
other campaign both for nomination and
election simply to satisfy some few desires
| realize that change in the practice in
both the criminal and civil law may be
advisable. and that all cases should be
tried on their merits and on the facts of
the case without any technicality in plead
ing provided due regard is had for the
rules of evidence in order to protect all the
rights of our citizens under the old estab-
lished practice; but this can be done
without any Constitutional Convention,
and without putting our officials and judges
been appointed to revise our criminal law.
and undoubtedly will report in due time.
] favor changing the rules Of practice that
will avoid any advantage being taken of
technicalities, but why change the con-
sttution in order to do this, when not
necessary
Il am unaterably opposed to a Consti-
tutiOnal Convention for the purpose of
changing our Bill of Rights and Constitu-
ton and only ask that the people read our
Bill Of Rights and Constitution. and then
decide whether they want any changes in
the same. Compare our State Constitu-
ton with the Constitution of the United
States. and then tell me the need of
Constitutional Convention. Such an as
sembly will cost the taxpayers thousands
Of dollars II will, in all probability. mean
q cost to us and our clients OF many thou
sands Of dollars more to have this new
birth of constitution construed by the
Court Of Appeals or Court Of last resort.
which is the Supreme Court of the United
States.
THE Constitution Of Maryland provides
that il may be amended from time 10 time.
and in fact the people Of Maryland will
vote upon four amendments at the next
election. Every part of IL can be easily
amended. and there is much in II that
should not and will not be changed then
why an expensive Constitutional Conven-
ton?
when they tell me we have outerown
our Constitution as a whole, II reminds me
very much Of the boy who thinks he has
outgrown his good old father. Let us stop
and consider many moments before we
demand a Constitutional Convention.
Yours very truly.
"A. d. WILLARD"