Изображения страниц
PDF
EPUB

endum for the electors of such city in regard to its municipal affairs, provided that the ordinance establishing and providing the method of exercising such initiative and referendum shall not take effect until ratified by vote of a majority of the electors of said city, voting thereon at a municipal election. Provided, however. that the legislature may at any time provide a uniform method for the exercise of the initiative and referendum in municipal affairs."

"Sect. 22. Until the legislature shall enact further regulations not inconsistent with the constitution for applying the people's veto and direct initiative. the election officers and other officials shall be governed by the provisions of this constitution and of the general law, supplemented by such reasonable action as may be necessary to render the preceding sections self-executing.”45

ARTICLE XXXII.

SUBMISSION OF AMENDMENTS.

Section two in article ten as amended by the resolve of the fifty-eighth legislature passed March fourth, eighteen hundred and seventy-nine, and adopted September eighth, eighteen hundred and seventy-nine, is hereby further amended by striking out the words: "in the manner prescribed by law, at their next biennial meetings in the month of September," and inserting in place thereof the words: 'to meet in the manner prescribed by law for calling and holding biennial meetings of said inhabitants for the election of senators and representatives on the second Monday in September following the passage of said resolve;" so that said section as amended, shall read as follows:

"Section 2. The legislature, whenever two-thirds of both houses shall deem it necessary, may propose amendments to this constitution; and, when any amendments shall be so agreed upon, a resolution shall be passed and sent to the selectmen of the several towns, and the assessors of the several plantations, empowering and directing them to notify the inhabitants of their respective towns and plantations, to meet in the manner prescribed by law for calling and holding biennial meetings of said inhabitants for the election of senators and representatives, on the second Monday in September following the passage of said resolve, to give in their votes on the question, whether such amendments shall be made; and if it shall appear that a majority of the inhabitants voting on the question are in favor of such amendment, it shall become a part of this constitution."46

ARTICLE XXXIII.

SEAT OF GOVERNMENT.

Augusta is hereby declared to be the seat of government of this state. 47

ARTICLE XXXIV.

MUNICIPAL INDEBTEDNESS.

That the following amendment to the constitution of this state be proposed for the action of the legal voters of this state in the manner provided by the constitution, to wit, article twenty-two of said constitution, limiting municipal indebtedness, is hereby amended by inserting after the word "town" in the first line thereof, the following words, "having less than forty thousand inhabitants, according to the last census taken by the United States," and by inserting after the word "however" in the fourth line, the following words, “that cities having a population of forty thousand or more, according to the last census taken by the United States may create a debt or liability

Proposed by the legislature on Mch. 20, 1907, ratified on Sept. 14, 1908, effective on the first Wednesday of January, 1909. Proposed by the legislature on Mch. 28, ive on the first Wednesday of January, 1909. 4 Proposed by the legislature on Mch. 31, Ive on Jan. 23, 1913.

1907, ratified on Sept. 14, 1908, effectSee Article XXXVII of Amendments. 1911, ratified on Sept. 11, 1911, effect

which single or in, the aggregate with previous debt or liability, shall equal seven and one-half per centum of the last regular valuation of said city, that cities of forty thousand inhabitants or over, may, by a majority vote of their city government, increase the present rate of five per centum by one-fourth of one per centum in any one municipal year until in not less than ten years, the maximum rate of seven and one-half per cent is reached, that any city fai ing to take the increase in any one municipal year then the increase for that year is lost and no increase can be made until the next year as provided above. and provided further," so that said article as amended, shall read as follows:

"No city or town having less than forty thousand inhabitants, according to the last census taken by the United States, shall hereafter create any debt or liability, which single or in the aggregate, with previous debts or liabilities shall exceed five per centum of the last regular valuation of said city or town ; provided, however, that cities having a population of forty thousand or more. according to the last census taken by the United States, may create a debt or liability which single or in the aggregate, with previous debts or liabilities. shall equal seven and one-half per cent of the last regular valuation of said city, that cities of forty thousand inhabitants, or over, may, by a majority vote of their city government, increase the present rate of five per centum by one-fourth of one per cent in any one municipal year, until, in not less that ten years, the maximum rate of seven and one-half per cent is reached, that any city failing to take the increase in any one municipal year then the increase for that year is lost and no increase can be made until the next yes: as provided above, and provided further, that the adoption of this article shar not be construed as applying to any fum received in trust by said city or town, nor to any loan for the purpose of renewing existing loans, or for wa or to temporary loans to be paid out of the money raised by taxes during the year in which they were made."48

ARTICLE XXXV.

STATE HIGHWAY BONDS.

Article nine of the constitution is hereby amended by adding the following section:

"Section 17. The legislature may authorize the issuing of bonds not exceed ing two million dollars in amount at any one time, payable within forty-one years, at a rate of interest not exceeding four per centuni per annum, payable semi-annually, which bonds or their proceeds shall be devoted solely to the buikling and maintaining of state highways; provided, however, that bonds issued and outstanding under the authority of this section shall never, in the aggregate, exceed two million dollars; the expenditure of said money to be divided equitably among the several counties of the state.”

Section fourteen of said article is amended by adding after the word "except," in the fifth line thereof, the following words: "For the purposes of building and maintaining of state highways," so that said section fourteet, as amended, shall read as follows:

"Section 14. The credit of the state shall not be directly or indirectly loaned in any case. The legislature shall not create any debt or debts, liability or liabilities, on behalf of the state, which shall singly, or in the aggregate with previous debts and liabilities hereafter incurred at any one time, exceed three hundred thousand dollars, except for he purposes of building and mailtaining of state highways, to suppress insurrection, to repel invasion, or for purposes of war; but this amendment shall not be construed to refer to any money that has been or may be deposited with this state by the government of the United States, or to any fund which the state shall hold in trust fo any Indian tribe."49

48 Proposed by the legislature on Meh. 31, 1911, ratified on Sept. 11, 1911, effective Jan. 23. 1913.

* Proposed by the legislature on Mch. 25, 1912, ratified on Sept. 9, 1912, effective on Jan. 23, 1913.

[ocr errors]

ARTICLE XXXVI.

CLASSIFICATION OF PROPERTY FOR TAXATION.

Section eight of article nine of the constitution is hereby amended by adding to said section the following words: "But the legislature shall have power to levy a tax upon intangible personal property at such rate as it deems wise and equitable without regard to the rate applied to other classes of property." so that said section as amended shall read as follows:

"SECTION 8. All taxes upon real and personal estate, assessed by authority of this state, shall be apportioned and assessed equally, according to the just value thereof; but the legislature shall have power to levy a tax upon intangible personal property at such rate as it deems wise and equitable without regard to the rate applied to other classes of property."50

ARTICLE XXXVII.

SUBMISSION OF AMENDMENTS.

Section two in article ten as amended by the resolve of the fifty-eighth legislature passed March fourth, eighteen hundred and seventy-nine, and adopted September eighth, eighteen hundred and seventy-nine, as amended by the resolve of the seventy-third legislature passed March twenty-eighth, nineteen hundred and seven, and adopted September fourteenth, nineteen hundred and eight, is hereby further amended by inserting after the word "plantations" in the seventh line of said section two the following words: "in the manner prescribed by law at the next biennial meetings in the month of September or," so that said section as amended shall read as follows:

"SECTION 2. The legislature, whenever two-thirds of both houses shall deem it necessary, may propose amendments to this constitution; and when any amendments shall be so agreed upon, a resolution shall be passed and sent to the selectmen of the several towns, and the assessors of the several plantations empowering and directing them to notify the inhabitants of their respective towns and plantations in the manner prescribed by law at the next biennial meetings in the month of September or to meet in the manner prescribed by law for calling and holding biennial meetings of said inhabitants for the election of senators and representatives, on the second Monday in September following the passage of said resolve, to give in their votes on the question, whether such amendments shall be made; and if it shall appear that a majority of the inhabitants voting on the question are in favor of such amendment, it shall become a part of this constitution."51

Proposed by the legislature on April 4, 1913, ratified on Nov. 4, 1913, effectwe Mch. 31. 1915.

Proposed by the legislature on April 12, 1913, ratified on Nov. 4, 1913, effective Mch. 31, 1915.

CONSTITUTION OF MARYLAND-1867.*

DECLARATION OF RIGHTS.

We, the people of the State of Maryland, grateful to Almighty God for our civil and religious liberty, and taking into our serious consideration the best means of establishing a good Constitution in this State for the sure foundation and more permanent security thereof, declare:

ARTICLE 1. That all Government of right originates from the People. is found in compact only, and instituted solely for the good of the whole: and they have, at all times, the inalienable right to alter, reform or abolish their form of Government in such manner as they may deem expedient.

ART. 2. The Constitution of the United States, and the Laws made or which shall be made in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, are and shall be the Supreme Law of the State, and the judges of this state, and all the people of this state are, and shall be bound thereby, anything in the Constitution or Law of this State to the contrary notwithstanding.

ART. 3. The powers not delegated to the United States by the Constitu tion thereof, nor prohibited by it to the States, are reserved to the States respectively, or to the People thereof.

ART. 4. That the People of this State have the sole and exclusive right of regulating the internal government and police thereof as a free, sovereign and independent State.

ART. 5. That the Inhabitants of Maryland are entitled to the Common Law of England, and the trial by Jury, according to the course of that law. and to the benefit of such of the English statutes as existed on the Fourth day of July, seventeen hundred and seventy-six; and which, by experience, have been found applicable to their local and other circumstances, and have been introduced, used and practiced by the Courts of Law or Equity; and also of all Acts of Assembly in force on the first day of June, eighteen hundred and sixty-seven; except such as may have since expired, or may be inconsistent with the provisions of this Constitution; subject, nevertheless, to the revision of, and amendment or repeal by, the Legislature of this State. And the Inhabitants of Maryland are also entitled to all property derived to them from or under the Charter granted by His Majesty, Charles the First, 19 Cæcilius Calvert, Baron of Baltimore.

ART. 6. That all persons invested with the Legislative or Executive powers of Government are Trustees of the Public, and as such, accountable for their conduct: Wherefore, whenever the ends of Government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the People may, and of right ought to reform the old, or establish a new Government; the doctrine of nonresistance against arbitrary power and oppression is absurd, slavish and destructive of the good and happiness of mankind.

ART. 7. That the right of the People to participate in the Legislature is the best security of liberty and the foundation of all free Government; for this purpose elections ought to be free and frequent, and every white male citizen having the qualifications prescribed by the Constitution, ought to have the right of suffrage.1

ART. 8. That the Legislative, Executive and Judicial powers of Govern

The constitution of Maryland was drafted by a convention which assembled Annapolis on May 8, and adjourned on August 17, 1867. It was submitted to the voters on September 18, 1867, and was ratified by a vote of 47,152 in favor to 23,035 against. The constitution was submitted as a whole and no proposition was submitted separately. The constitution became effective on October 5, 1867.

1 The word "white" is obsolete under the provisions of the Fifteenth Amendment of the Constitution of the United States.

ment ought to be forever separate and distinct from each other; and no person exercising the functions of one of said. Departments shall assume or discharge the duties of any other.

ART. 9. That no power of suspending Laws or the execution of Laws, unless by, or derived from the Legislature, ought to be exercised, or allowed. ART. 10. That freedom of speech and debate, or proceedings in the Legislature, ought not to be impeached in any Court of Judicature.

ART. 11. That Annapolis be the place of meeting of the Legislature; and the Legislature ought not to be convened, or held at any other place but from evident necessity.

ART. 12. That for redress of grievances, and for amending, strengthening, and for preserving the laws, the Legislature ought to be frequently convened.

ART. 13. That every man hath a right to petition the Legislature for the redress of grievances in a peaceful and orderly manner.

ART. 14. That no aid, charge, tax, burthen or fees ought to be rated, or levied, under any pretence, without the consent of the Legislature.

ART. 15. That the levying of taxes by the poll is grievous and oppressive and ought to be prohibited; that paupers ought not to be assessed for the support of the government; that the General Assembly shall, by uniform rules, provide for separate assessment of land and classification and subclassifications of improvements on land and personal property, as it may deem proper; and all taxes thereafter provided to be levied by the State for the support of the general State Government, and by the counties and by the City of Baltimore for their respective purposes, shall be uniform as to land within the taxing district, and uniform within the class or subclass of improvements on land and personal property which the respective taxing powers may have directed to be subjected to the tax levy; yet fines, duties or taxes my properly and justly be imposed, or laid with a political view for the good government and benefit of the community.2

ART. 16. That sanguinary Laws ought to be avoided as far as it is consistent with the safety of the State; and no Law to inflict cruel and unusual pins and penalties ought to be made in any case, or at any time, hereafter.

ART. 17. That retrospective Laws, punishing acts committed before the existence of such Laws, and by them only declared criminal are oppressive, unjust and incompatible with liberty; wherefore, no ex post facto Law ought to be made; nor any retrospective oath or restriction be imposed or required.

ART. 18. That no law to attaint particular persons of treason or felony. nght to be made in any case, or at any time, hereafter.

ART. 19. That every man, for any injury done to him in his person or property ought to have remedy by the course of the Law of the Land, and ought to have justice and right, freely without sale, fully without any denial, and speedily without delay, according to Law of the Land.

ART. 20. That the trial of facts, where they arise, is one of the greatest curities of the lives, liberties and estate of the People.

ART. 21. That in all criminal prosecutions, every man hath a right to be informed of the accusation against him; to have a copy of the Indictment, or Charge in due time (if required) to prepare for his defense; to be allowed counsel; to be confronted with the witnesses against him; to have process for his witnesses; to examine the witnesses for and against him on oath; and to a speedy trial by an impartial jury, without whose unanimous consent he ought not to be found guilty.

ART. 22. That no man ought to be compelled to give evidence against himself in a criminal case,

ART. 23. That no man ought to be taken or imprisoned or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner lestroyed, or deprived of his life, liberty or property, but by the judgment of is peers, or by the Law of the Land.

ART. 24. That slavery shall not be re-established in this State; but, hav* Amendment proposed by the legislature of 1914 and ratified on November 2, 1915.

« ПредыдущаяПродолжить »