SUFFRAGE AND ELECTIONS
appropriation is subject to referendum.
The main problem here has been with
the meaning of the word "appropria-
tion."10 The second exception is con-
tained in Section 6 of the article. It
relates to licensing, regulating, prohibit-
ing or submitting to local option, the
manufacture or sale of malt or spiritous
liquors. This particular restriction was
at issue in Poisel v. Cash.11 "The Court
held that while the 'manifest' purpose
of this section was to deny a referendum
by petition on acts having to do with
alcoholic beverages, it had not limited
the General Assembly to submit such
questions to a popular vote."12 In
Berlin v. Shockley,13 the court held that
". . . although Article 16 speaks of re-
ferring both acts and parts of acts, a
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part of an excepted law is not referable
to referendum."14
Another limitation on the use of
Article XVI is the injunction. A court
of equity may preliminarily enjoin a ref-
erendum vote prior to a hearing on the
merits.15 In Tyler v. Secretary of
State,16 the Court of Appeals upheld a
mandatory injunction placing a question
on the election ballot pending further
action by the chancellor on the suffi-
ciency of the petitions either before or
after the election.
The use of referendum has been fre-
quent for local bills, but on statewide
matters it has been used sparingly.
Since 1915 it has been used in only seven
elections for a total of eleven questions:
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Per cent of total
number of votes
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cast for governor
|
1964 Amend. Art. 49B of Ann.
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for
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342,715
|
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Code of Md. titled "Inter-
racial Commission," sub-
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against
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301,505
|
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titled "Discrimination in
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majority
|
41,210 for
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Public Accommodations."
|
|
|
|
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total vote
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644,220
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57.8
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1962 Added new Sees. 16 1A-
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for
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278,951
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161KK to Art. 23 of Ann.
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against
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52,706
|
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Code of Md. titled "Corpo-
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|
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rations," subtitled "Build-
ing or Homestead Associa-
tions."
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majority
total vote
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226,245 for
331,657
|
43.1
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Amend. Art. 33 of Ann.
|
for
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115,557
|
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Code of Md. titled "Elec-
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against
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211,904
|
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tions," and adding Sec.
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|
|
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166A creating a new eighth
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majority
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96,347 against
|
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congressional district.
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total vote
|
327,461
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41.4
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10 See Dorsey v. Petrott, 178 Md. 230, 13
A.2d 630 (1940); Bickel v. Nice, 173 Md.
1, 192 Atl. 777 (1937); Winebrenner v.
Salmon, 155 Md. 563, 142 Atl. 723 (1928).
11 130 Md. 373, 100 Atl. 364 (1917).
12 Everstine, supra note 4, at 142.
68
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13 174 Md. 442, 199 Atl. 500 (1938).
14 Everstine, supra note 4, at 148.
15 Sun Cab Co. v. Cloud, 162 Md. 41
Atl. 922 (1932).
16 230 Md. 18, 185 A.2d 385 (1962).
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