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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 163   View pdf image (33K)
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THE REFERENDUM. 163
ARTICLE XVI.

Sec. 1 (a). The people reserve to themselves power known as The Refer-
endum, 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 Assem-
bly 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.

Contention that the act of 1918, ch. 82, extending the limits of Baltimore city,
violated this article because it undertook to affect taxes levied prior to June 1,
1918, the date the act became effective, overruled. Daly v. Morgan, 69 Md. 460,
affirmed. McGraw v. Merryman, 133 Md. 261.

The act of 1918, ch. 205, applicable to the city of Annapolis, held not to come
within the purview of this article. This article does not apply to public local laws
for any city other than Baltimore. The declaration of the legislature that an act
is an emergency act, does not make it so if it does not come within the purposes
and provisions of this article. See notes to art. 3, sec. 31, of the Constitution. Strange
v. Levy, 134 Md. 646. And see Richardson v. Blackstone, 135 Md. 540.

Act 1917, ch. 13, prohibiting the sale of liquor in certain districts of Prince George's
County is valid under art. 3, sec. 31, of the Md. Constitution, which was modified,
but not repealed or wholly suspended, by this article. Meaning and limitations of
art. 16; meaning of "Referendum. " Constitutional construction. Beall v. State,
131 Md. 673. And see Strange v. Levy, 134 Md. 648.

See notes to sec. 6.

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 shall 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 emergency law shall remain in force notwithstanding such
petition, but shall stand repealed thirty days after having been rejected by
a majority of the qualified 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

1 This article was added to the Constitution by act of 1914, ch. 673, ratified Novem-
ber 2, 1915.
As to referendum votes, see art. 33, secs. 237 and 238, An. Code.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 163   View pdf image (33K)
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