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Houses by yeas and nays, to be entered on the journals with the proposed amendment. The bill or bills proposing amendment or amendments shall b published by order of the Governor, in at least two newspapers in each county. where so many may be published, and where not more than one may be published. then in that newspaper, and in three newspapers published in the city of Baltimore, one of which shall be in the German language, once a week for at least three months preceding the next ensuing general election, at which the proposed amendment or amendments shall be submitted, in a form to be prescribed by the General Assembly, to the qualified voters of the State for adoption or rejection. The votes cast for and against said proposed amendment or amendments, severally, shall be returned to the Governor, in the manner prescribed in other cases, and if it shall appear to the Governor that a majority of the votes cast at said election on said amendment or amendments. severally, were cast in favor thereof. the Governor shall, by his proclamation, declare the said amendment or amendments having received said majority of votes. to have been adopted by the people of Maryland as part of the Constitution thereof, and thenceforth said amendment or amendments shall be part of the said Constitution. When two or more amendments shal! be submitted in manner aforesaid, to the voters of this State at the same election, they shall be so submitted as that each amendment shall be voted on separately.
SEC. 2. It shall be the duty of the General Assembly to provide by law for taking, at the general election to be held in the year eighteen hundred and eighty-seven, and every twenty years thereafter, the sense of the people in regard to calling a convention for altering this Constitution; and if a majority of voters at such election or elections shall vote for a convention, the General Assembly, at its next session, shall provide by law for the assembling of such convention, and for the election of Delegates thereto. Each county and Legislative District of the city of Baltimore shall have in such convention a number of Delegates equal to its representation in both Houses at the time at which the convention is called. But any Constitution, or change, or amendment, or the existing Constitution, which may be adopted by such convention, shall be submitted to the voters of this State, and shall have no effect unless the same shall have been adopted by a majority of the voters voting thereon.
SECTION 1. Every person holding any office created by, or existing under the Constitution or laws of the State (except Justices of the Peace, Constables and Coroners), or holding any appointment under any court of this State, whose pay or compensation is derived from fees or moneys coming into his hands for the discharge of his official duties, or in any way growing out of or connected with his office, shall keep a book in which shall be entered every sum or sums of money received by him, or on his account, as a payment or compensation for his performance of official duties, a copy of which entries in said book, verified by the oath of the officer by whom it is directed to be kept. shall be returned yearly to the Comptroller of the State for his inspection, and that of the General Assembly of the State, to which the Comptroller shall, at each regular session thereof, make a report showing what officers have complied with this section; and each of the said officers. when the amount received by him for the year shall exceed the sum which he is by law entitled to retain as his salary or compensation for the discharge of his duties, and for the expenses of his office, shall yearly pay over to the Treasurer of the State, the amount of such excess, subject to such disposi tion thereof as the General Assembly may direct; if any of such officers shall fail to comply with the requisitions of this section for the period of thirty days after the expiration of each and every year of his office, and the Governor shall declare the same vacant, and the vacancy therein shall be filled as in case of vacancy for any other cause, and such officer shall be subject to suit by the State for the amount that ought to be paid into the Treasury;
and no person holding any office created by or existing under this Constitution or laws of the State, or holding any appointment under any court in this State, shall receive more than three thousand dolars a year as a compensation for the discharge of his official duties, except in cases specially provided in this Constitution.
SEC. 2. The several courts existing in this State at the time of the adop tion of this Constitution shall, until superseded under its provisions, continue with like powers and jurisdiction, and in the exercise thereof, both at law and in equity, in all respects, as if this Constitution had not been adopted; and when said courts shall be so superseded, all causes then depending in said courts shall pass into the jurisdiction of the several courts, by which they may be respectively superseded.
SEC. 3. The Governor and all officers, civil and military, now holding office under this State, whether by election or appointment, shall continue to hold. exercise and discharge the duties of their offices (unless inconsistent with or otherwise provided in this Constitution), until they shall be superseded under its provisions, and until their successors shall be duly qualified.
SEC. 4. If at any election directed by this Constitution, any two or more candidates shall have the highest and an equal number of votes, a new election shall be ordered by the Governor, except in cases specially provided for by this Constitution.
SEC. 5. In the trial of all criminal cases, the jury shall be the judges of law, as well as of fact.
SEC. 6. The right of trial by jury of all issues of fact in civil proceedings in the several courts of law in this State, where the amount in controversy exceeds the sum of five dollars, shall be inviolably preserved.
SEC. 7. All general elections in this State shall be held on the Tuesday next after the first Monday in the month of November, in the year in which they shall occur; and the first election of all officers, who, under this Constiution, are required to be elected by the people, shall, except in cases herein yecially provided for, be held on the Tuesday next after the first Monday of November, in the year eighteen hundred and sixty-seven.
SEC. 8. The Sheriffs of the several counties of this State and of the city of Baltimore shall give notice of the several elections authorized by this Constitution, in the manner prescribed by existing laws for elections to be held in this State, until said laws shall be changed.
SEC. 9. The term of office of all judges and other officers, for whose election provision is made by this Constitution, shall, except in cases otherwise expressly provided herein, commence from the time of their election; and all such officers shall qualify as soon after their election as practicable, and shall enter upon the duties of their respective offices immediately upon their qualification; and the term of office of the State Librarian and of Commissioner of the Land Office shall commence from the time of their appointment.
SEC. 10. Any officer elected or appointed in pursuance of the provisions of this Constitution, may qualify, either according to the existing provisions of law, in relation to officers under the present Constitution, or before the Governor of the State, or before any clerk of any court of record in any part of the State; but in case an officer shall qualify out of the county in which he resides, an official copy of his oath shall be filed and recorded in the clerk's office of the Circuit Court of the county in which he may reside. or in the clerk's office of the Superior Court of the city of Baltimore, if he shall reside therein.
VOTE ON THE CONSTITUTION.
For the purpose of ascertaining the sense of the people of this State in regard to the adoption or rejection of this Constitution, the Governor shall issue his proclamation within five days after the adjournment of this convention. directed to the Sheriffs of the city of Baltimore and of the several Counties of this State, commanding them to give notice in the manner now prescribed by law in reference to the election of members of the House of Delegates, that an election for the adoption or rejection of this Constitution
will be held in the city of Baltimore and in the several counties of this State on Wednesday, the eighteenth day of September, in the year eighteen hundred and sixty-seven, at the usual places of holding elections for members of the House of Delegates in said city and counties. At the said election the vote shall be by ballot, and upon each ballot there shall be written or printed the words, "For the Constitution," or "Against the Constitution," as the voter may elect; and the provisions of the laws of this State relating to the holding of general elections for members of the House of Delegates, shall in all respects apply to and regulate the holding of the said election. It shall be the duty of the judges of election in said city and in the several counties of the State to receive, accurately count and duly return the number of ballots so cast for or against the adoption of this Constitution, as well as any blank ballots which may be cast, to the several clerks of the Circuit Courts of this State, and to the clerk of the Superior Court of Baltimore City, in the manner now prescribed by law, in reference to the election of members of the House of Delegates, and duplicates thereof, directly to the Governor. and the several clerks aforesaid shall return to the Governor, within ten days after said election, the number of ballots cast for or against the Constitution. and the number of blank ballots; and the Governor, upon receiving the returns from the judges of election, or the clerks as aforesaid, and ascertaining the aggregate vote throughout the State, shall, by his proclamation, make known the same; and if a majority of the votes cast shall be for the adoption of this Constitution, it shall go into effect on Saturday, the fifth day of October. eighteen hundred and sixty-seven.
SEC. 1 (a). The people reserve to themselves power known as The Referendum, by petition to have submitted to the registered voters of the State. to approve or reject at the polls, any Act, or part of any Act of the General Assembly, if approved by the Governor, or, if passed by the General Assembly over the veto of the Governor;
(b) The provisions of this Article shall be self-executing; provided that additional legislation in furtherance thereof and not in conflict therewith may be enacted.
SEC. 2. No law enacted by the General Assembly shall take effect until the first day of June next after the session at which it may be passed, unless it contain a Section declaring such law an emergency law and necessary for the immediate preservation of the public health or safety, and passed upon a yea and nay vote supported by three-fifths of all the members elected to each of the two Houses of the General Assembly; provided, however, that said period of suspension may be extended as provided in Section 3 (b) hereof. If before said first day of June there shall have been filed with the Secretary of the State a petition to refer to a vote of the people any law or part of a law capable of referendum, as in this Article provided, the same shali be referred by the Secretary of State to such vote, and shall not become a law or take effect until thirty days after its approval by a majority of the electors voting thereon at the next ensuing election held throughout the State for Members of the House of Representatives of the United States. An emer gency law shall remain in force notwithstanding such petition, but shall stand repealed thirty days after having been rejected by a majority of the qualifiel electors voting thereon: provided, however, that no measure creating or abolishing any office, or changing the salary, term or duty of any officer, or granting any franchise or special privilege, or creating any vested right or interest. shall be enacted as an emergency law. No law making any appropriation for maintaining the State Government, or for maintaining or aiding any public institution, not exceeding the next previous appropriation for the same purpose, shall be subject to rejection or repeal under this Section. The increase in any such appropriation for maintaining or aiding any public institution shall only take effect as in the case of other laws, and such increase or any part
thereof specified in the petition, may be referred to a vote of the people upon petition.
SEC. 3. (a). The referendum petition against an Act or part of an Act passed by the General Assembly, shall be sufficient if signed by ten thousand qualified voters of the State of Maryland, of whom not more than half shall be residents of Baltimore City, or of any one county; provided that any Public Local Law for any one county or the City of Baltimore shall be referred by the Secretary of State only to the people of said county or City of Baltimore, upon a referendum petition of ten per cent. of the qualified voters of said county or City of Baltimore as the case may be, calculated upon the whole number of votes cast therein respectively for Governor at the last preceding Gubernatorial election.
(b) If more than one-half, but less than the full number of signatures required to complete any referendum petition against any law passed by the General Assembly, be filed with Secretary of State before the first day of June, the time for the law to take effect, and for filing the remainder of sig natures to complete the petition shall be extended to the thirtieth day of the same month, with like effect.
SEC. 4. A petition may consist of several papers, but each paper shall contain the full text of the Act or part of Act petitioned upon; and there shall be attached to each such paper an affidavit of the person procuring the signatures thereon that of the said person's own personal knowledge every signature thereon is genuine and bona fide, and that the signers are registered voters of the State of Maryland, and of the City of Baltimore, or county, as the case may be, as set oposite their names, and no other verification shall he required.
SEC. 5 (a). The General Assembly shall provide for furnishing the voters of the State the text of all measures to be voted upon by the people; provided, that until otherwise provided by law the same shall be published in the manher prescribed by Article XIV of the Constitution for the publication of proposed Constitutional Amendments.
(b) All laws referred under the provisions of this Article shall be submitted separately on the ballots to the voters of the people, but if containing more than two hundred words, the full text shall not be printed on the official ballots, but the Secretary of State shall prepare and submit a ballot title of each such measure in such form as to present the purpose of said measure concisely and intelligently. The ballot title may be distinct from the legislative title, but in any case the legislative title shall be sufficient. Upon each of the ballots, following the ballot title or text, as the case may be, of each such measure, there shall be printed the words "For the referred law" and "Against the referred law," as the case may be. The votes cast for and against any such referred law shall be returned to the Governor in the manner prescribed with respect to proposed amendments to the Constitution under Article XIV of this Constitution, and the Governor shall proclaim the result of the election, and, if it shall appear that the majority of the votes cast on any such measure were cast in favor thereof, the Governor shall by his proclamation declare the same having received a majority of the votes to have been adopted by the people of Maryland as a part of the laws of the State, to take effect thirty days after such election, and in like manner and with like effect the Governor shall proclaim the result of the local election as to any Public Local Law which shall have been submitted to the voters of any county or the City of Baltimore.
SEC. 6. No law or Constitutional Amendment, licensing, regulating, prohibiting, or submitting to local option, the manufacture or sale of malt or spiritous liquors, shall be referred or repealed under any Act of the provisions of this Article.36
36 Article XVI is a new article: it was proposed by the legislature of 1914 and was ratified at the election of November 2, 1915.
CONSTITUTION OF MASSACHUSETTS-1780.*
The end of the institution, maintenance and administration of government. is to secure the existence of the body-politic, to protect it, and to furnish the individuals who compose it, with the power of enjoying in safety and tranquility their natural rights, and the blessings of life: And whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, prosperity, and happiness-The Body-politic is formed by a Voluntary association of individuals: It is a social compact by which the whole people covenants with each Citizen, am each Citizen with the whole people, that all shall be governed by certain Laws for the Common good. It is the duty of the people, therefore, in framing a Constitution of Government, to provide for an equitable mode of making laws, as well as for an impartial interpretation, and a faithful execution of them; that every man may, at all times, find his security in them. WE, there fore, the People of Massachusetts, acknowledging, with grateful hearts, the goodness of the Great Legislator of the Universe, in affording us, in the course of his Providence, an opportunity, deliberately and peaceably, without fraud, violence or surprize, of entering into an Original, explicit and Solemn Compact with each other: and of forming a New Constitution of Civil Government, for Ourselves and Posterity; and devoutly imploring His direction in so interest ing a Design, DO agree upon, ordain and establish, the following DECLARATION OF RIGHTS, AND FRAME OF GOVERNMENT, AS THE CONSTITUTION OF THE COMMONWEALTH OF MASSACHUSETTS.
PART THE FIRST.
A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE COMMONWEALTH OF
ART. I. All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their Lives and Liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.
II. It is the right as well as the Duty of all men in society, publiekly. and at stated seasons to worship the SUPREME BEING, the great Creator and preserver of the Universe, And no Subject shall be hurt, molested, or restrained. in his Person, Liberty, or Estate, for worshipping GoD in the manner and seasoL
*The constitution of Massachusetts was drafted by a convention which assembled at Cambridge on September 1, 1779, and adjourned on June 16, 1780. A committer of 30 was elected to prepare a draft of a constitution and the convention of 312 delegates adjourned on September 7. The committee of 30 delegated its authority to a sub-committee of 3, and the sub-committee left the entire task to John Adanis The draft which Adams prepared, with one or two additions suggested by the large committee, was submitted to the convention when it assembled for its second session on October 28, 1779. The whole of this session was devoted to a consideration e the Declaration of Rights. Owing to the marked decline in attendance, the conventio adjourned on November 11 and re-assembled for its third session on January 5, 178* although no business was transacted until January 27. In spite of a light attendance of delegates, the remainder of the constitution was gone over and on March 2 th convention again adjourned after having submitted a finished draft of a constitution. to the people in the form of a printed pamphlet. The proposed constitution considered by the people assembled in their town meetings and each provision was debated and voted on separately. The people were also asked to authorize the convention, at an adjourned session on June 5, to ratify and declare the constitution. in force if two-thirds of the votes given by the electorate were in favor of itadoption; or to alter the proposed instrument of government in accordance with the popular will as expressed in the returns and ratify it as thus amended. The constitution underwent a searching criticism in the town meetings and many proposed amendments were suggested. Out of a total population of 363,000 only about 16,6€5