Drennen v. Banks

30 A. 655, 80 Md. 310, 1894 Md. LEXIS 123
CourtCourt of Appeals of Maryland
DecidedDecember 19, 1894
StatusPublished
Cited by19 cases

This text of 30 A. 655 (Drennen v. Banks) 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
Drennen v. Banks, 30 A. 655, 80 Md. 310, 1894 Md. LEXIS 123 (Md. 1894).

Opinion

McSherry, J.,

delivered the dpinion of the Court.

By sec. 119 of Art. 8 of the Code of Public Local Laws, the County Commissioners of Cecil County were authorized to appoint annually a county treasurer, whose duties were defined by that and the two succeeding sections. His salary and fees were fixed, and he was empowered to appoint one or more deputies, whose compensation was directed to be paid out of his salary. By the Act of 1894, ch. 25, secs. 119, 122 and 123 of Article 8 of the Local Code were repealed and re-enacted with amendments. In the new section 119, it was provided, amongst other things, that the county treasurer should be elected by the voters of Cecil County at the general election to be held in 1895, and that in the meantime the duties of the office should be discharged by John Banks, who was appointed treasurer ad interim by the statute. The same- new section further provided, that the treasurer should have power to appoint a deputy at a fixed salary to be paid by the county ; and that the treasurer himself should have his office in the room of the County Commissioners ; and also that he should be their secretary and should have possession of all their books and papers ; and it then abolished the office of clerk to the County Commissioners, which latter office existed under sec. 107 of Art 8 of the Local Code. It is insisted that this Act of 1894 is unconstitutional, and the reason assigned is, that its provisions are broader than its title warrants. Sec. 29 of Art. 3 of the State Constitution, with which the Act of 1894 is alleged to be in conflict, provides that “ every law enacted by the General Assembly shall embrace but one subject, and that shall be described in its title.” The title of the Act of 1894, ch. 25, is in these words: “An Act to repeal sections 1x9, 122 and 123 of Article eight of the Code of Public Local Laws, title, ‘Cecil County,’ sub-title, ‘County Treasurer,’ and to re-enact the same with amendments, providing for the election of a treasurer of said county in the year 1895, and his appointment in the meantime.” The appellant, Drennen, who [316]*316claims to hold the office of Treasurer of Cecil County by appointment made by the County Commissioners under the above cited provisions of the Local Code, but by an appointment made after the Act of 1894 was adopted and had become effective, refused to surrender to the appellee Banks, who was appointed to the same office in the body of the Act of 1894, the books and papers belonging to the office of treasurer, alleging, as already stated, that the Act of Assembly, by which the appellee was so appointed treasurer, was invalid, because the General Assembly, in adopting it, failed to obey the provisions of sec. 29 of Art. 3 of the Constitution. After this refusal the- appellee made application to the Circuit Court for a writ of mandamus to compel the surrender to him of the office and the books and papers pertaining thereto, and the writ was finally directed to be issued. From that order this appeal was taken.

Thus the sole question before us on this record is, whether the title of the Act of 1894, ch. 25, is sufficiently descriptive of the subject of the Act to sustain the enactment ?

The clause of sec. 29 of Art. 3 of the Constitution, which was for the first time incorporated in the organic law of Maryland, in 1851, and which is now relied on to defeat the Act of 1894, has been repeatedly considered by this Court, beginning with the case of Davis v. The State, 7 Md. 151, decided in 1854, and coming down through a period of nearly forty years to the case of Gans v. Carter and Aiken, 77 Md. 1, decided in 1893. It has been uniformly held through the long line of cases contained in the intervening reports, that the meaning of this clause is, that “If the several sections of the law refer to and are germane to the same subject-matter, which is described in its title, it is considered as embracing but a single subject and as satisfying the requirements of the Constitution in this respect. While the title must indicate the subject of the Act, it need not give an abstract of its contents, nor need it mention the means [317]*317and method by which the general purpose is to be accomplished.” Mayor, &c. v. Reitz, 50 Md. 574.

The title of the Act of 1894 consists of one sentence, comprising two members, the first of which extends to and includes the word “amendments,” and the second comprehends all after the same word. It was conceded that the first member of this compound sentence, that is to say, An Act to repeal sections 119, 122 and 123 of Article 8 of the Code of Public Local Laws, title, ‘Cecil County,’ sub-title, ‘County Treasurer,’ and to re-enact the same with amendments,” is sufficiently descriptive of the subject of the Act to be free from any constitutional objections, if it stood alone, and therefore, that the whole body of the Act, with its various provisions, would have been within or embraced by that part of the title. It was also conceded, and it could not have been sucessfully disputed, that the second member of the whole compound sentence, that is to say, an Act “providing for the election of a treasurer of said county, in the year 1895, and his appointment in the meantime,” is also, had this been original legislation on this subject, sufficiently descriptive of the subject of the Act to be free from any constitutional objection, if it stood alone; and therefore, that the whole body of the Act, with its various provisions, would have been within or embraced by that portion of the whole title. The numerous cases decided by this Court on this subject fully demonstrate the correctness of these two concessions ; but we particularly refer to The State v. Norris, 70 Md. 91, and Com. of Calvert Co. v. Hellen, 72 Md. 603. In 70 Md. the title of the Act assailed, was “an Act to add a new section to Article 30 of the Code of Public General Laws, title, ‘ Crimes and Punishments,’ sub-title, ‘Rivers,’ to come in after section 171.” This Court upheld the Act, though the subject of the Act was the prevention of dredging, taking and carrying away of sand and gravel from the bed of the Potomac River, and the prescribing of a punishment for a violation of the Act. In 72 Md. the title of the Act assailed was “an Act to create [318]*318a treasurer for Calvert County, and to provide for the collection of taxes therein.” This Act was upheld, though it gave the treasurer, whom it authorized the Governor to select, power to appoint a deputy, who, under the Act, became clerk to the County Commissioners.

Notwithstanding, then, that each of these two component parts of the title would be, if standing alone, sufficiently descriptive of the subject of the statute to validly include the whole Act; and notwithstanding the concession that either one of them by itself would have been a good title within the 29th section of the 3d Article of the Constitution, to sustain the entire statute, had it been original legislation, and not merely an amendatory enactment; still, it is insisted that the use of both of them in a statute making amendments to an antecedent law, results in the one title qualifying the other, and thereby produces a restricted title not broad enough to comprise many of the provisions of the enactment. If this be so, then the use of these two comprehensive titles has made a less comprehensive title than would have been furnished by the use of either one of its constituent parts alone.

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Bluebook (online)
30 A. 655, 80 Md. 310, 1894 Md. LEXIS 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drennen-v-banks-md-1894.