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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 68   View pdf image (33K)
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68 CONSTITUTION OF MARYLAND [Art. 3]

A law requiring vendors of beer manufactured by themselves to take out licenses,
may be validly enacted under the title "An Act to Raise Additional Revenue to Pay
the Debts of the State by Increasing the Rates of Licenses to Ordinary Keepers and
Traders. " Keller v. State, 11 Md. 531.

Title of the act of 1878, ch. 159, which was in substance as follows: "To Repeal Ch.
220 of the Act of 1876, Entitled An Act to Establish a Bridge Over the Patapsco Near
the Light Street Bridge, and to Enact the Following in Lieu Thereof, " held sufficient.
Baltimore v. Stoll, 52 Md. 438. And see Talbot County v. Queen Anne's County, 50
Md. 255; Dorchester County v. Meekins, 50 Md. 28; Montague v. State, 54 Md. 487.

Title of the act of 1854. ch. 325, "An Act Relating to the Trial of Facts in the
Several Circuit Courts of This State, " held sufficient, although the law embraced the
courts of Baltimore city. Wright v. Hamner, 5 Md. 375.

Title of the act of 1894, ch. 247, providing for the treatment and cure of habitual
drunkards, held sufficient, and not to embrace more than one subject. Baltimore v.
Keeley Institute, 81 Md. 117.

Title of the act of 1852, ch. 120, providing for the infliction of corporal punishment
in "wife-beating" cases, held sufficient. Foote v. State, 59 Md. 270.

Title of Ch. 390, Acts of 1935, making the gaming law applicable to Washington
County, held sufficient. Miggins v. Mallott, 169 Md. 442.

In construing Ch. 188, Acts of 1935, it was held "a restriction in the title must either
confine the operation of the Act to conform to that description, if such a construction
is possible, or render the Act void to the extent of the conflict. " Buck Glass Co. v. Gordy,
170 Md. 685.

Title of Ch. 476, Acts of 1937, held to be good. Fowler v. Harris, 174 Md. 402.

Title of Ch. 396, Acts of 1937, held to be adequate. Campbell v. Campbell, 174 Md.
229.

Title of Ch. 185, Acts of 1937, providing for transportation of school children at-
tending private or parochial schools in Baltimore Co., held sufficient; courts disposed
to uphold rather than defeat statute on ground that subject is not described in title.
Board of Education v. Wheat, 174 Md. 317.

This section referred to in Berlin v. Shockley, 174 Md. 446.

Titles held defective:

Acts relating to corporations.

Title of the act of 1890, ch. 536, adding a new section to art. 81 of the Code, pro-
viding for the payment by every newly incorporated company of a bonus on its
capital stock, held insufficient in so far as it imposed a tax on the increase of the
capital stock of corporations existing prior to January 1, 1890. State v. Schultz Co.,
83 Md. 60.

Title of the act of 1898, ch. 493, was (in substance) that railroad and mining cor-
porations should be prohibited from selling m Allegany county to their employees;
the law itself prohibited said corporations from selling at all; the title was held de-
fective. Luman v. Hitchens Co., 90 Md. 23; State v. King, 124 Md. 497.

The second and third sections of the act of 1906, ch. 257, amending the charter
of the Cumberland and Pennsylvania Railroad Company, held invalid because not
sufficiently indicated or described in the title to said act. State v. Cumberland, etc.,
R. R. Co., 105 Md. 482.

Title of the act of 1865, ch. 14, incorporating the Pocomoke Bridge Company, held
defective, and certain provisions of that act stricken down. Somerset County v. Poco-
moke Bridge Co., 109 Md. 1.

Title of the act of 1910, ch. 382, was "An Act to Incorporate the Village of Chevy
Chase"; the portion of said act relating to the levying of taxes by the county com-
missioners of Montgomery county, etc., held not to be indicated or described in the
title. Curtis v. Mactier, 115 Md. 393.

If the legislature meant by the act of 1888, ch. 383, to provide for the voluntary and
involuntary adjudication of corporations in insolvency, then the act would have been
void under this section. Ellicott Machine Co. v. Speed, 72 Md. 26.

Liquor laws.

The act of 1894, ch. 484, in substance provided for an election in the town of
Cambridge to regulate the liquor traffic; sec. 10 of the law prohibited the sale of
liquor not only in Cambridge but in a larger territory; the title held defective. A power
to regulate is not a power to abolish or destroy. Whitman v. State, 80 Md. 416.

Title of the act of 1902, ch. 84, prohibiting the sale and giving away of liquors in
Chapel district in Talbot county, conceded for the purposes of the case to be insuffi-
cient. Parker v. State, 99 Md. 199.

The "Local Option Law" of 1874, ch. 453, stated to be in contravention of this
section. Fell v. State, 42 Md. 116 (dissenting opinion),

Acts relating to roads.

Title of the act of 1912, ch. 345, relating to public roads in Baltimore county, held
insufficient. Painter v. Mattfeldt, 119 Md. 473.

Title of the act of 1908, ch. 672, dealing with public roads in Anne Arundel county,
held defective. Nutwell v. Anne Arundel County, 110 Md. 667.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 68   View pdf image (33K)
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