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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 46   View pdf image (33K)
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46 CONSTITUTION OF MARYLAND.

This article referred to in construing art. 15, sec. 3, and art. 4, sec. 42—see notes
to the former. Smith v. Thursbj', 28 Md. 270 (dissenting opinion).

This article referred to in construing art. 4, sec. 19, of the Constitution of 1851—
see notes to art. 4, sec. 42. Baltimore v. State, 15 Md. 483.

Cited but not construed in Worthington v. State, 58 Md. 409.

See art. 20 of the Declaration of Rights, and art. 4, sec. 8, and art. 15, see. 6, of
the 'Maryland Constitution and notes to the latter.

Art. 6. That all persons invested with the Legislative or Executive
powers of Government are Trustees of the Public, and as such, accountable
for their conduct: Wherefore, whenever the ends of Government are
perverted, and public liberty manifestly endangered, and all other means
of redress are ineffectual, the People may, and of right ought to reform the
old, or establish a new Government; the doctrine of non-resistance against
arbitrary power and oppression is absurd, slavish and destructive of the
good and happiness of mankind.

An act of assembly delegating the power of taxation to certain taxable inhabi-
tants, held not to violate this article. Burgess v. Pue, 2 Gill, 19.

Art. T. That the right of the People to participate in the Legislature
is the best security of liberty and the foundation of all free Government;
for this purpose elections ought to be free and frequent, and every1 male
citizen having the qualifications prescribed by the Constitution, ought to
have the right of suffrage.

This article referred to in construing art. 15 of Declaration of Rights—see notes
thereto. State v. C. & P. R. R. Co., 40 Md. 63 (dissenting opinion).

This article referred to in construing art. 1, secs. 1 to 5, of Md. Constitution—
see notes thereto. Anderson v. Baker, 23 Md. 600, 580 and 568.

This article referred to in construing art. 3, sec. 29, of the Md. Constitution—see
notes thereto. Postal Tel. Co. v. State, 110 Md. 612.

Art. 8. That the Legislative, Executive and Judicial powers of Gov-
ernment ought to be forever separate and distinct from each other; and no
person exercising the functions of one of said Departments shall assume or
discharge the duties of any other.

Limitations upon legislative powers.

The act of 1906, ch. 450, determining what amount is due by one county to
another in connection with a certain bridge, and directing its payment, together
with a certain sum annually for the maintenance of the bridge, held void under this
article. Cases reviewed and distinguished. Queen Anne's County v. Talbot County,
108 Md. 197.

The act of 1854, ch. 160, authorizing the court upon application, and on the
. establishment of a prima facie case, to open certain decrees, provided the court
should be satisfied that justice would be promoted thereby, held not to violate
this article. Calvert v. Williams, 10 Md. 486.

The act of 1872, ch. 310, purporting to authorize the court of appeals to reopen
and rehear certain cases and pass such judgments, decrees, etc., as right and justice
require, held invalid under this article. Dorsey v. Gary, 37 Md. 79.

The act of 1845, ch. 358, requiring Washington county court to grant an appeal
in a certain case and providing what should be contained in the record, held to be
unconstitutional under this article. Miller v. State, 8 Gill, 145.

The act of 1868, ch. 249, held, in so far as it authorized the courts to change the
effect of decrees which had become final, to be void under this article. Roche v.
Waters, 72 Md. 272.

1 The word " white" omitted under the 15th amendment to the Constitution of
the United States.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 46   View pdf image (33K)
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