than the man who has to borrow. For that
reason I vote " aye."
Mr. PETER. I understand this proposition
merely leaves it optional with the borrower
whether he will pay the taxes or not
Mr. CUSHING. No, sir; optional with the
lender whether be will charge the taxes or
not.
Mr. PETER. I vote " aye."
Mr. RIDGELY. I vote " no," for the reason
that I think it very unwise for us to encum-
ber our constitution with details of this
kind, which belong more properly to the
legislature.
Mr. SANDS. I shall vote against this propo-
sition because it relieves the lender from the
payment of any taxes either State or federal,
and throws it upon the borrower. I vote
"no."
Mr. STIRLING. This is law now. The code
provides expressly that this can be done.
And legal consistency will lead me to vote
"aye."
Mr. RIDGELY. In order to make this sec-
tion conform exactly to the provision in the
present constitution, I move to add the words
that were omitted in the amendment just
adopted, viz;
" The legislature shall provide by law all
necessary forfeitures and penalties against
usury."
Mr. SCHLEY. I have not taken any part as
yet in this debate; but at the proper time I
will offer an amendment which I will now
read fur information. Perhaps the gentle-
man from Baltimore county (Mr. Ridgely)
will accept it, to precede the amendment he
has just offered. I propose to add the follow-
ing to this section, as amended :
"Except in cases where a different rate,
not exceeding seven and three-tenths per
centum per annum, may be agreed upon or
contracted for in writing,"
Mr. RIDGELY, I cannot accept that amend-
ment; but I will withdraw mine in order to
let that take precedence.
The amendment of Mr. RIDGELY was ac-
cordingly withdrawn.
Mr. CHAMBERS. It may be necessary per-
haps that I should explain why I omitted the
words which the gentleman from Baltimore
county (Mr. Ridgely) has indicated. I did
so because they are perfectly useless. The
legislature has that power already, and there
it is not necessary to give it to them. They
have all the necessary powers to inflict pen-
alties for the violation of any law.
Mr. RIDGELY. I propose to make it man-
datory that they shall pass such laws.
Mr. SCHLEY. I move the following as an
addition to the section as amended :
" Except in cases where a different rate,
not exceeding seven and three-tenths per
centum per annum, may be agreed upon or
contracted for in writing."
Mr. CHAMBERS. I did not offer the words |
indicated by the gentleman from Baltimore
county (Mr. Ridgely,) because it was per-
fectly idle, the legislature already having
power to provide penalties for anything pro-
hibited by the constitution.
Mr. RIDGELY. Allow me to say one word
in reply to the gentleman from Kent (Mr.
Chambers.) It may be true that the legisla-
ture has the power; But in the absence of
any mandatory provision in the constitution,
it is entirely discretionary with the legisla-
ture whether they will exercise that power or
not. I propose to make it obligatory upon
them to pass such laws.
The question recurred upon the amendment
proposed by Mr. SCHLEY,
Mr. THRUSTON. I merely wish to suggest
to the convention that the substitute which 1
have offered accomplishes the same purpose
in fewer words,
The CHAIRMAN (Mr. Pugh.) The first busi-
ness before the convention is to perfect the
proposition under consideration. A substi-
tute therefore is not in order until the propo-
sition is perfected.
Mr. THRUSTON. I know it is not now in
order. I merely wish to suggest that the
substitute accomplishes the same thing in
simpler language.
The question was then taken upon the
amendment of Mr. SCHLEY, and}, upon a divi-
sion—ayes 21, noes not counted—it was re-
jected.
Mr. RIDGELY. I now renew the amendment
which I offered a short time since,
Viz:
Add to the section as amended the follow-
ing;
" And the legislature shall provide by
law all necessary forfeitures and penalties
against usury."
Mr. MILLER. I think that amendment is
necessary, because if you leave the section to
stand as it now is, prohibiting the taking or
demanding any higher rate of" interest than
six per cent., then any contract by which
more might be taken or demanded would be
void in Wo, and the whole amount, principal
and interest, would be forfeited.
Mr. RIDGELY. Under existing acts of the
general assembly?
Mr. MILLER. That provision of the con-
stitution, providing for penalties and for-
feitures has never been carried out. It is
therefore important that this amendment
should be adopted. If not, then we should
have to go back to the old common-law doc-
trine, that any contract which is contrary to
the provisions of the constitution is null and
void, and you cannot recover even the princi-
pal.
The question being then taken upon the
amendment submitted by Mr. RIDGELY, it
was adopted.
Mr. CLARKE. I have one amendment to
offer, in order to make this section conform |
