Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1930-11-21
Constitutional Farley Hits snag.

Prospects for the holding of a Constitu-
of the referendum taken on that subject |
at the polls last week were dimmed yes
terday. says the Baltimore Sun of the 18th |
instant, when it became doubtful whether |
a majority Of the voters, as required by the |
State Constitution. had voted for such
meeting.
The question which has been raised,
briefly put. is whether majority Of all
the voters casting ballots last week must
vote for the holding of the convention, or
whether a majority Of those voters stating
a preference on that particular proposition
would be sufficient as mandate to the
Legislature for calling the convention.
II it is held that only majority Of the
202.4ll who voted on the question OF a
constitutional convention is necessary to
comprise a mandate to the Legislature
then il is argued the mandate clearly has
been given. But. on the other hand. the
opinion is. If 1t is eontended that the Con-
stitution means majority Of the more
than 100000 persons who voted. then the
proposition failed and 1t would be illegal
for the Legislature to issue a call for
convention.
The controversy centers around the fol-
lowing wording of Section 2. Article ID, of
the Constitution:
at shall be the duty of the General AS
sla h., Ia. fn~ h.. a.k,
the general election TO be held in the year
1887. and every twenty years thereafter,
the sense Of the people in regard to calling
a convention for altering this Constitution
and # a majority of the voters at such
election or elections shall vote for a con-
vention, the General Assembly. at its next
session. shall provide for the assembling
of such convention, and for the election oil
delegates thereto.
IL is the meaning Of the words "if &
majority Of the voters at such election o.
elections shall vote for convention" tina
are in doubt. In the preceding section o
the Constitution Section one. Article four
teen) regarding the method Of amending
IL is provided that after the Legislatur
adopts such proposed amendments by
three-fifths vote. the proposed amendment
shall be referred to the voters and that !:
"The votes cast for and against said pro
posed amendment or amendments. sew
orally, shall be returned to the Governo
In the manner prescribed in other case
and If it shall appear to the Governor this
a majority OF the votes cast at said elet
tion on said amendment or amendment
severally. were cast in favor thereof. III
Governor shall proclaim them as adOpte
as q part of the Constitution"
In this section, 1t is argued, the Const
tuition makes clear its intent that mi
iority of those voting ION said amendmeI
or amendment" shall decide whether Il
amendment is approved or rejected
the second section, II Is contended. there
a change of language which does not lin
the majority necessary to a majority
those voting on the proposition of wheth
a convention should be called.
Philip B. Perlman. author Of the late
book on constitutional conventions IN Mar!
land and recognized as the outstandir
authority on that subject in the State. SAID
In the matter of the question now
controversy | am not prepared at this tin
20 say which Interpretation ! would resaI
as the sound one. Il is an entirely ne
question and. after all, the only body tn
can interpre, the necessary Requirement
Is the Legislature. acting, as it sees
with or without the advice Of the Attorns
General.
Decisiou Appealed On Cemetery