Copyright
L[eonard] Magruder Passano.

History of Maryland online

. (page 22 of 23)
Online LibraryL[eonard] Magruder PassanoHistory of Maryland → online text (page 22 of 23)
Font size
QR-code for this ebook


Treasurer, shall constitute the Board of Public Works in this State. They
shall keep a journal of their proceedings, and shall hold regular sessions in
the city of Annapolis, on the first Wednesday in January, April, July and
October, in each year, and oftener, if necessary; at which sessions they shall
hear and determine such matters as affect the public works of the State,
and as the General Assembly may confer upon them the power to decide.

SEC. 2. They shall exercise a diligent and faithful supervision of all
public works in which the Stale may be interested as stockholder or cred-
itor, and shall represent and vote the stock of the State of Maryland in all
meetings of the stockholders of the Chesapeake and Ohio Canal; and shall
appoint the directors in every railroad and canal company in which the
State has the legal power to appoint directors, which said directors shall
represent the State in all meetings of the stockholders of the respective
companies for which they are appointed or elected. And the president and
directors of the said Chesapeake and Ohio Canal Company shall so regu-
late the tolls of said company, from time to time, as to produce the largest
amount of revenue, and to avoid the injurious effects to said company of



356 CONSTITUTION OF THE

rival competition by other internal improvement companies. They shall
require the directors of all said public works to guard the public interest
and prevent the establishment of tolls which shall discriminate against the
interest of the citizens or products of this State, and from time to time,
and as often as there shall be any change in the rates of toll on any of the
said works, to furnish the said Board of Public Works a schedule of such
modified rates of toll, and so adjust them as to promote the agricultural
interests of the State; they shall report to the General Assembly at each
regular session and recommend such legislation as they may deem neces-
sary and requisite to promote or protect the interests of the State in the
said public works; they shall perform such other duties as may be hereafter
prescribed by law; and a majority of them shall be competent to act. The
Governor, Comptroller and Treasurer shall receive no additional salary for
services rendered by them as members of the Board of Public Works.
The provisions of the Act of the General Assembly of Maryland of the year
1867, Chapter 359, are hereby declared null and void.

SEC. 3. The Board of Public Works is hereby authorized to exchange
the State's interest as stockholder and creditor in the Baltimore and Ohio
Railroad Company for an equal amount of the bonds or registered debt
now owing by the State, to the extent only of all the preferred stock of
the State on which the State is entitled to only six per cent, interest, pro-
vided such exchange shall not be made at less than par, nor less than
the market value of said stock; and the said board is authorized, subject to
such regulations and conditions as the General Assembly may from time
to time prescribe, to sell the State's interests in the other works of internal
improvement, whether as a stockholder or a creditor, and also the State's
interest in any banking corporation, receiving in payment the bonds and
registered debt now owing by the State, equal in amount to the price ob-
tained for the State's said interest; provided, that the interest of the State
in the Washington Branch of the Balimore and Ohio Railroad be reserved
and excepted from sale; and provided further, that no sale or contract of
sale of the State's interest in the Chesapeake and Ohio Canal, the Chesa-
peake and Delaware Canal, and the Susquehanna and Tide-water Canal
Companies shall go into effect until the same shall be ratified by the ensu-
ing General Assembly.



ARTICLE Xni.

NEW COUNTIES.

SECTION 1. The General Assembly may provide by law, for organizing
new counties, locating and removing county seats, and changing county
lines; but no new county shall be organized without tlie consent of the
majority of the legal voters residing within the limits proposed to be formed
into said new county; and whenever a new county shall be proposed to be
formed out of portions of two or more counties, the consent of a majority



STATE OF MARYLAND 3r,7

of the legal voters of such part of each of said counties, respectively, shall
be required; nor shall the lines of any county be changed without the con-
sent of a majority of the legal voters, residing within the district, which,
under said proposed change, would form a part of a county different from
that to which it belonged prior to said change; and no new county shall
contain less than four hundred square miles, nor less than ten thousand
white inhabitants; nor shall any change be made in the limits of any
county, whereby the population of said county would be reduced to less
than ten thousand white inhabitants, or its territory reduced to less than
four hundred square miles.

SEC. 2. At the election to be held for the adoption, or rejection of this
Constitution, in each election district, in those parts of Worcester and
Somerset counties, comprised within the following limits, viz: Beginning
at the point, where Mason and Di.\on's line crosses the channel of Pocomoke
River, thence following said line to the channel of the Nanticoke River,
thence with the channel of said river to Tangier Sound, or the intersection
of Nanticoke and Wicomico Rivers, thence up the channel of the Wicomico
River to the mouth of Wicomico Creek, thence with the channel of said
creek and Passerdyke Creek to Dashield's, or Disharoon's Mills, thence
with the mill-pond of said mills and branch following the middle prong of
said branch, to Meadow Bridge, on the road, dividing the counties of
Somerset and Worcester, near the southwest corner of the farm of Wil-
liam P. Morris, thence due east to the Pocomoke River, thence with the
channel of said river to the beginning, the judges of election, in each of
said districts, shall receive the ballots of each elector, voting at said elec-
tion, who has resided for si.x months, preceding said election within said
limits, for or against a new county; and the return judges of said election
districts shall certify the result of such voting, in the manner, now pre-
scribed by law, to the Governor, who shall by proclamation make known
the same; and if a majority of the legal votes, cast within that part of
Worcester County, contained within said lines, and also a majority of the
legal votes cast within that part of Somerset County, contained within
said lines, shall be in favor of a new county, then said parts of Worcester
and Somerset Counties shall become and constitute a new county, to be
called Wicomico County; and Salisbury shall be the county seat. And the
inhabitants thereof shall thenceforth have and enjoy all such rights and
privileges as are held and enjoyed by the inhabitants of the other counties
of this State.

SEC. 3. When said new county shall have been so created, the inhabit-
ants thereof shall cease to have any claim to, or interest in the county
buildings, and other public property of every description, belonging to
said counties of Somerset and Worcester, respectively, and shall be liable
for their proportionate shares of the then existing debts and obligations
of the said counties, according to the last assessment in said counties, to
be ascertained and apportioned by the Circuit Court for Somerset County,
as to the debts and obligations of said county, and by the Circuit Court
(or Worcester County, on the debts and obligations of Worcester County.



358 CONSTITUTION OF THE

on the petition of the County Commissioners of the said counties, respec-
tively; and the property in each part of the said counties, included in said
new county, shall be bound only for the share of the debts and obligations
of the county from which it shall be separated; and the inhabitants of said
new county shall also pay the county taxes, levied upon them at the time
of the creation of such new county, as if such new county had not been
created; and on the application of twelve citizens of the proposed county of
Wicomico, the Surveyor of Worcester County shall run and locate the line
from Meadow Bridge to the Pocomoke River, previous to the adoption,
or rejection of this Constitution, and at the expense of said petitioners.

SEC. 4. At the first general election, held under this Constitution, the
qualified voters of said new county shall be entitled to elect a Senator, and
two Delegates to the General Assembly, and all such county, or other
officers as this Constitution may authorize, or require to be elected by
other counties of the State; a notice of such election shall be given by the
Sheriffs of Worcester and Somerset Counties in the manner now pre-
scribed by law; and in case said new county shall be established, as afore-
said, then the counties of Somerset and Worcester shall be entitled to elect
but two Delegates each to the General Assembly.

SEC. 5. The county of Wicomico, if formed according to the provisions
of this Constitution, shall be embraced in the First Judicial Circuit; and the
times for holding the courts therein shall be fixed and determined by the
General Assembly.

SEC. 6. The General Assembly shall pass all such laws as may be neces-
sary more fully to carry into effect the provisions of this article.



ARTICLE XIV.

AMENDMENTS TO THE CONSTITUTION.

SECTION 1. The General Assembly may propose amendments to this
Constitution; provided, that each amendment shall be embraced in a sepa-
rate bill, embodying the article or section, as the same will stand when
amended and passed by three-fifths of all the members elected to each of
the two houses, by yeas and nays, to be entered on the journals with the
proposed amendment. The bill, or bills, proposing amendment, or amend-
ments, shall be published by order of the Governor, in at least two news-
papers 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 said proposed amendment,
or amendments, shall be submitted, in a form to be prescribed by the
General Assembly, to tlie qualified voters of the State for adoption or
rejection. The votes cast for and against said proposed amendment, or



STATE OF MARYLAND 359

amendmepts, severally, shall be returned to the Governor, in the manner
prescribed in other cases, and if it shall appear to the Governor that a ma-
jority of the votes cast at said election on said amendment, or amendments,
severally, were cast in favor thereof, the Governor shall, by his proclama-
tion, 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 amend-
ments, shall be part of the said Constitution. When two or more amend-
ments shall 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 18S7, and every
twenty years thereafter, the sense of the people in regard to calling a con-
vention 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,
of 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.



ARTICLE XV.

MISCELLANEOUS.

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 he returned yearly to the
Comptroller of the State for his inspection, and that of the General As-
sembly of the State, to which the Comptroller shall, at each regular session
thereof, make a report showing what officers have complied with this sec-
tion; 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



360 CONSTITUTION OF THE

expenses of his office, shall yearly pay over to the Treasurer of the. State the
amount of such excess, subject to such disposition 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, such officer shall be deemed to have
vacated 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 $3,000 a year as a compensation for the discharge oi' 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
adoption 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 con-
tinue 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 pro-
vided 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. G. 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 ?5, shall be inviolably preserved.

SEC. 7. All general elections in this State shall be held on the Tues-
day 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 Constitution, are required to be elected by the people, shall, except
in cases herein specially provided for, be held on the Tuesday next after
the first Monday of November, in the year 1SG7.

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 .Tudgcs and other officers, for whose
election provision is made by this Corstitution, shall, except in cases other-



STATE OF MARYLAND 361

wise expressly provided herein, commence from the time of their election;
and all such other officers shall qualify as soon after their election as prac-
ticable, and shall enter upon the duties of their respective offices imme-
diately upon their qualification; and the term of office of the State Librarian
and of the 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 pro-
visions 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
ill 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 for 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 con-
vention, 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 1867, 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 ar
printed the words, "For the Constitution," or "Against the Constitution,"'
as the voter may elect; and the provisions of the laws of this Slate, re-
lating 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 afore-
said 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



362 CONSTITUTION OF 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,
1867.

Don» in convention, the seventeenth day of August, in the year of our
Lord one thousand eight hundred and sixty-seven, and of the Inde-
pendence of the United States the ninety-second.

RICHARD B. CARMICHAEL,

President of the Convention.
Attest:

Milton Y. Kidd,

Secretary.



AMENDMENTS.

At the January session of the General Assembly in 1890, the following
amendments were proposed, and, having received a majority of the votes
cast on the amendments at the general election in 1891, were proclaimed
by the Governor to be a part of the Constitution.

SECTION 17, ARTICLE II.— "To guard against hasty or partial legisla-
tion, and encroachments of the Legislative Department upon the co-ordinate
Executive and Judicial Departments, every bill which shall have passed the
House of Delegates and the Senate shall, before it becomes a law, be pre-
sented to the Governor of the State; if he approve, he shall sign it; but if
not, he shall return it, with his objections, to the House in which it origi-
.nated, which House shall enter the objections at large on its Journal and
proceed to reconsider the bill; if, after such reconsideration, three-fifths of
the members elected to that House shall pass the bill, it shall be sent, with
the objections, to the other House, by which it shall likewise be recon-
sidered, and if passed by three-fifths of the members elected to that House, it
shall become a law. But in all such cases, the votes of both houses shall be
determined by yeas and nays; and the names of the persons voting for and
against the bill shall be entered on the Journal of each House, respectively.
If any bill shall not be returned by the Governor within six days (Sundays
excepted) after it shall have been presented to him, the same shall be a law
in like manner as if he signed it; unless the General Assembly shall, by
adjournment, prevent its return, in which case it shall not be a law; the
Governor shall have power to disapprove of any item or items of any bills
making appropriations of money embracing distinct items, and the part or
parts of the bill approved shall be the law, and the item or items of appro-
priations disapproved shall be void, unless re-passed according to the rules
or limitations prescribed for the passage of other bills over the executiye
veto."



STATE OF MARYLAND 8C3

SECTION 48, ARTICLE III.— "Corporations may be formed under gen-
eral laws; but shall not be created by special Act, except for municipal
purposes, and except in cases where no general laws exist providing for the
creation of corporations of the same general character as the corporation
proposed to be created; and any Act of incorporation passed in violation of
this section shall be void; all charters granted or adopted in pursuance of
this section, and all charters heretofore granted and created, subject to
repeal or modification, may be altered from time to time, or be repealed;
provided nothing herein contained shall be construed to extend to banks,
or the incorporation thereof; the General Assembly shall not alter or amend
the charter of any corporation existing at the time of the adoption of this
Article, or pass any other general or special law for the benefit of such
corporation, except upon the condition that such corporation shall surren-
der all claim to exemption from taxation or from the repeal or modification
of its charter, £:nd that such corporation shall thereafter hold its charter
subject to the provisions of this Constitution; and any corporation char-
tered by this State which shall accept, use, enjoy or in any wise avail itself
of any rights, privileges or advantages that may hereafter be granted or
conferred by any general or special Act, shall be conclusively presumed to
have thereby surrendered any exemption to which it may be entitled under
its charter, and shall be thereafter subject to taxation as if no such exemp-
tion had been granted by its charter."

SECTION 1, ARTICLE VII.— "County Commissioners shall be elected
on general ticket of each county by the qualified voters of the sev-
eral counties of the State on the Tuesday next after the first Monday in the
month of November, commencing in the year 1891; their number in each
county, their compensation, powers and duties, shall be such as are now or
may be hereafter prescribed by law; they shall be elected at such times, in
such numbers, and for such periods not exceeding six years as may be


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22

Online LibraryL[eonard] Magruder PassanoHistory of Maryland → online text (page 22 of 23)