County Commissioners v. Meekins

50 Md. 28, 1878 Md. LEXIS 137
CourtCourt of Appeals of Maryland
DecidedJuly 24, 1878
StatusPublished
Cited by32 cases

This text of 50 Md. 28 (County Commissioners v. Meekins) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
County Commissioners v. Meekins, 50 Md. 28, 1878 Md. LEXIS 137 (Md. 1878).

Opinions

Grason, J.,

delivered the opinion of the Court.

The only question presented upon this appeal is the constitutionality or unconstitutionality of the Act of 1818, ch. 160. Section 29, of Article 3, of-the Constitution, provides that “every law enacted by the General Assembly shall embrace hut one subject, and that shall he described in its title,” and section 33 of the same Article, forbids the General Assembly to pass “ a special law, for' any case, for which provision has been made by an existing general law,” and it is contended that the law in question is obnoxious to both of these provisions.

The Act of 1818, ch. 160, is a Public Local Law for D.orcliester County, and in the case of State, ex rel. Webster vs. The County Commissioners of Baltimore County, 29 Md., 519, this Court has held that a Public Local Law is not a special law, within the meaning of section 33, of Article 3, of the Constitution, and that decision is conclusive upon this ground of objection to the law in question. If unconstitutional at all, it must, therefore he so, because it is in conflict with the clause of the 29th section before quoted.

In construing Acts of Assembly in the light of the Constitution, every reasonable intendment must he made [40]*40to enable both to stand, and an Act will not be held to be unconstitutional, unless it is in such plain conflict with some provision of the Constitution as to leave no discretion to the Court in the premises. In ascertaining the effect of a constitutional provision, it becomes necessary to ascertain the intent of its framers, unless the language used is so plain and unequivocal as to leave no doubt upon the subject. But the intent of the framers of^he Constitution, and the evils to be remedied by this clause of section 29, of Article 3, have been finally settled by this Court. In the case of Davis vs. The State, 7 Md. 160, an almost identical clause of section 17, of Article 3, of the Constitution of 1851, was involved, and .this Court then said: a “practice had crept into our system of legislation, of engrafting upon subjects of great public benefit and importance, for local or selfish purposes, foreign and often pernicious matters, and rather than endanger the main subject, or for the purpose of securing new strength for it, members were often induced to sanction and actually vote for such provisions, which, if they were offered as independent subjects, would never have received their support. In this way the people of our State have been frequently inflicted with evil and injurious legislation. Besides, foreign matter has often been stealthily incorporated into a law, during the haste and confusion always incident upon the close of the sessions of all legislative bodies, and it has not unfrequently happened, that in this way the statute hooks have shown the existence of enactments,, that few of the members of the Legislature knew anything of before. To remedy such and similar evils, was this provision inserted into the Constitution, and we think wisely inserted.” To the same effect are the cases of Keller vs. The State, 11 Md., 531, and Parkinson vs. The State, 14 Md., 193. Again in the case of the Mayor, &c., of Annapolis vs. The State, 30 Md., 118, 119, this Court, in construing section 28, of Article 3, of the Constitution [41]*41of 1864, containing a clause like the one now under consideration, has said, that “the object of this provision and the evils against which it was intended to guard, are very clearly stated by this Court in Davis vs. The State, Keller vs. The State, and Parkinson vs. The State.” See also County Commissioners of Washington County vs. Franklin Railroad Co., 34 Md., 163.

Keeping in view the rules of construction we have adverted to, and the intention of the framers of the Constitution, and the evils to be remedied by the 29th section of Article 3, of that instrument as ascertained and determined by the above cited cases, two questions are to be answered: first, does the Act of 1818, ch. 160, embrace but one subject, and second, is that subject described in its title?

First. It appears from the decisions before referred to, that to render a law obnoxious to the clause of the 29th section of Article 3, of the Constitution, there must be engrafted upon a law of a general nature, some subject of a private or local character, or that two or more dissimilar and discordant subjects must be legislated upon in the same law. Does the Act of 1878, chap. 160, in either of these respects, come within the constitutional prohibition? Its first section repeals sections 87 and 90, of Article 10, of the Public Local Laws of Dorchester County, “as enacted by the Act of 1870, chap 449,” and all other laws, and all parts and sections of all laws, which are inconsistent with itself. The remaining sections then divide the county into five commissioner districts and provide for the election of one County Commissioner from each of said districts at the next general election; take the appointment of the Treasurer from the Commissioners by whom that officer had previously been appointed and give it to the Governor, and prescribe what duties he is to perform, as did the Act of 1870, chap. 449; imposing upon him the additional duty of making monthly reports to [42]*42the Comptroller of the Treasury,'and makes him Clerk to the County Commissioners, as he had been under the provisions of the Act of 1870. The appointment of the Tax Collectors is given to the Treasurer and their duties are prescribed. The several sections of the Act enact a system for levying and collecting the taxes in the county, and for disbursing the public money; and the duties of the County Commissioners, the Treasurer and the Tax Collectors are so closely connected and made so to depend each upon the other, that the execution of the system thus, framed depends upon the faithful performance of their duties by the Commissioners, Treasurer and Tax Collectors. The subject of legislation was the management of the public affairs of Dorchester County by the County Commissioners and the other officers of that county, elected and appointed for that purpose. This is the only subject with which the Act of 1878 deals and the only one which is embraced within its provisions. In the case of the Mayor, &c., of Annapolis vs. The State, 30 Md., 119, this Court has said, that “whilst it is the duty of the Court to place such a construction upon this constitutional provision, as shall guard against the mischiefs intended by it to be remedied, reason and sound policy demand, that we should not by a technical interpretation embarrass legislation and encumber laws with long and prolix titles.” So it may be properly said here that while it is the duty of the Court to so construe the constitutional provision as to remedy the evils which were intended to be prevented, reason and sound policy demand that when-the Legislature has enacted a system, forming but one subject, for the good and effectual government of a county, we should not, by a technical interpretation, defeat such legislation by holding that it embraced more than one subject, merely because its practical and effective execution required several agents or officers, holding their offices under different appointments. We cannot perceive that [43]*43the Act of 1878 is obnoxious to the charge of embracing more than one subject, and must hold it to be constitutional and valid unless the subject of it is not sufficiently described by its title.

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Bluebook (online)
50 Md. 28, 1878 Md. LEXIS 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-commissioners-v-meekins-md-1878.