The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-14

it is necessary to show that the power was granted
by the Constitution Those who dispute the power must
establish armatvey and clearly that it has been de-
nied it is presumed to be vaidthe Legislature is the
depository of the power of the people, and you cannot
control the authority of the Legislature without diminish
ing the power of the people 1t is upon this ground
well as from becoming respect for the action of coord
nate department of the government that the Courts have
uniformly declared that in doubtful would they
pronounce Legislative Act to be contrary the Const
tuition Fletcher rs Peck g Cranch, 12S Calder Ball.
Sd Dallas $685. 4th Waeaton, COZ II Gill John, 43S.
In reference therefore, the question whether this
act is to he treated as unconstitutional assume that the
Legislature is to be considered in the possession Of all
powers properly legislative far the Constitution of
the State concerned which has not been by that Con-
stituton prohibited expressly by necessary mplca
ton say, all power, properly legislative; for transfer
the property of one individual another, to make
man judge in his case is not the exercise of legis
lative power. But this principle, have
the authorities has application to the of NUM-
ard $50 ''' ''' ''''
is contended that the power exercised by The Leg
isature in creating permanent police 5r thc city OF
Baltimore has been expressly prohibited by the Consu
ton and the question is whether is regarded
| power prohibited by implications And the question
which stands in advance of all questions on this
branch of the is whether power of this description
the police powercan be considered elinquished by
the people by implication. Can you predicate of
the people in forming their Constitution, the
abdicate power like this?
in its largest but in the which it
understood in connection with subject like the
under consideration It is emphatically State power
of the attributes of sovereignty and in
things it is power which the Legislature should have
|
ing wants of the community No duty the Judge says
in the of the people Draper 25 Barber 34
speaking of the police power of the State sovereignty
more general and comprehensive in its nature than the
duty of preserving the throughout its territory
preventing crime, protecting the rights of persons and
property guarding the public health, preserving order
elections and the other duties provided for by
the act before him. and enjoned upon the police officers
| 1t IS mistake to suppose that the police
duty imposed these Commissioners is limited the
preservation of the public peace They are required by
crime and arrest all Offenders protect the rights
of and property guard the public health pre-
serve order at every public election and all public
occasions prevent and nuisances in the Streets
highways, waters, and other places; provide proper
police for every fire, for the protection of fremen and
property protect strangers and emgrans and travellers
at steamboat and ship landings and railway sations
that all laws relating to elections and the observance of
Sunday and regarding brokers, gambling, intem-
perance lotteries and lottery policies vagrants dsor
dery persons, slaves negroes, and the public
health, enforced and also enforce all laws and all
ordinances Of the Mayor and City Council of Baltimore
not inconsistent with the provisions of this Article
other law of the State, which may be properly
| forced by police force
This is the character of the power involved in the
trovery and the question whether it is not to be
garded a vital power, which the whole community is
interested in retaining undimnished within the princi
pie established by the Supreme Court in the
Providence Bank Bellings and Pittman, "a Peters,
514 and in the of Charles river bridge the War
ren bridge (11h Peters, 5+7) That where the power is
Of that kind which the people interested in pr serving
undimnished. there be assumed abandonment of
that power In the case OF the Bank of Providence
Belngs and Pttman appeared that the Legislature
Rhode Island had chartered hank in the usual form of
such acts of incorporation. The charter aimed
ervaon the part of the State that it would impose
the bank, reservation of the right
1t silent the subject Afterwards pass
ed imposing tax all banks in the State, and the right
to impose this resisted by the bank upon
ground that il the State could impose tax it might
heavily as render franchise of no vaue that the
charter a contract, and that power which may in
effect destroy the charter inconsistent with it,
implicitly by granting it. But the Court said
the taxing power of vital importance and essential
to the existence of the government and the elnquish
ment of such power never to he assumed And in de-
roft tho
SHALL in speaking of the taxing power, says: "As the
whole community is interested in retaining it undmin-
shed that community has right to insist that its aban-
donment ought not to be presumed In case in which the
deliberate purpose of the State to abandon does not
| pear"
In the of the Charles river bridge rS the Warren
bridge the question was whether the State could be pre-
sumed to have surrendered by granting charter of
its police powers The Court considered the
them in principle precisely similar to that of the Provi
dence Bank rs. Belngs & Pittman. Mr. Chief Justice
Taney, in delivering the opinion, says: cit may, per-
haps, be said that in the of the Providence Bank
this Court speaking of the taxing power, which
vital Importance to the existence of the government
But the object and end of all government promote
the happiness of the community by which tits establish
ed and it be assumed that the government in
tended diminish its power of accomplishing the end
for which it was created. State ought never
presumed this power becruse like the
taxing power, the whole community have interest in
preserving it undminished."
If it be true then that the Legislature when in the
possession power this description never to be
presumed to have surrendered it, because the whole
munity is interested in preserving it undimnshed it is
|
ton not to be presumed to have abdicated The po
lice includes the to pass sanitoy and other
police laws and to select the agents by whom those
are to be executed These powers are necessarily con
nected To render power of this character efficient the
body in whom it resides must have the authority
iy it to meet the changing circumstances of the commu
nifty upon whom it operates; this is the business of
Constitution which deals only with general principles
that by the 18th section of the 4h article the justices
the peace and the constables into police
and police force thus created for the counties and
the city of Baltimore it might well be doubted if from
arrangement of this kind in the Constitution an
tention in the people to withhold this from the
Legislature could be inferred
But the Interpretation placed by the for the
respondent upon this section of the Constitution
be maintained That it not the purpose of the Con
stitution by this provision to exhaust the whole police
power of the State obvious from the fact that the
ton provides only for the preservation of the public
peace This is of the objects to be accomplished by
the creation of police force, but it is only of those
objects. And as the police force supposed to be
ted by this section limited to the preservation
public peace if it true that the whole police power of
the State is exhausted and the Legislature thus implied
y prohibited from exercising this power it follow
that there is large and important class of police duties
with respect both to the cities and the counties
which the Legislature make provision. Such a
proposition is, think, nadmissabe.
But this section not inserted in the Constitution for
the purpose of creating police force for the city,
the counties. 1t was framed with different purpose.
The object to organize subordinate judges with a
limited jurisdiction, and to provide them, in the
stables with executive officers who bear the rea-
ton to the justices of the peace that the sheris bear
the courts This section therefore found in that article
the Constitution which provides for the organization
Of fhn fli fh ana tnDn and hl ha Ils
- ~ 49, of - So -t1aII h. a-t1 -; - .. a.,
80 w. ~ w. c,tit Conrts in s'Icb Conrts Co. tb -
, pi.? - -. -, ~ g. ma.osibo5 49,, - ~ S VI
"a 49, 80 IT, 1aneroi J,tioS nf oi;na " oeicor @
y Nts Per'e. i!e VI d EL' pioe. al
alestiy w. sl ~ "i' tle d'
uusies Vi t "a e,I Pe" r a,it VIC
anu M "nen ~ 81! 70 @ ~ M U ~ % 80. ny ~ @ ma sui C ,g u,'teo t
anu CON peusdtLo as nov eAlst vi ND? p PloSIueu ior
~ & lam ~ t, @ 80 20 .. " - 81, ~, ~
IMPOSE sIei S ~" -, - 80 1 . 80 Win 'ie uu
'iTS mi,Hi ,, l M ~ =. w Ii 10 u ;. - .,: n.
IL Is uecaieu .aS ',S my @ @ &c, ~ 're o tle5r % i on,
@ ces, @,iI COZ SCI % NO. th ~ % p 81 % f % m mt; - anu ~ onty
;taS soo oIrn5 ont caTtion SL hotb b. I,ti ~
~ d, ,t Pc aDI tbs CnstabIes yro',,IJ he a,s5i @ ~
" H. - - tt - aI,o,.oo .e -,
S go % ~ III IL tC.it,ti - s s ~. 81 M ~
section "HI i nc 'V oay ~ i' C;tS
may proNue py ouHaee, oill tlile W I'm ioi tie
cTeatoi anu Vi sum anu
a poiice as 'leS uiay W pieseIs .ie
Puoic PedGe' Canho' &c aS tle
"hoe hSiu Vi inc PVCe o"e! ule cIty Vi bt'tl-
more Inc 1orce Wlch the CITY autnorlues were thus
authorlZeu 10 create was m 70 he PteSerV Oh
the puoic peace' IL was W oe emPordy III ls nature
ana 10 DC vi as me Puoic
st NY anu anu cue W :" aa 70 oe
ed as an additional orce was e ponce force IN existence
at the time the Constitution went into operation and
Which had peen created uhuer te acts OF Assembly ana
the ordinances VI the CITY previously pdsseu tlhk
therefore, that the General Assembly, in passing this act
creating permanent ponce Tor the city OF Baltimore
not to be considered as having transcribed their
sttutonal authority.
The next question 10 De CONSIDERED IS whethsr the APP
polntment by the OF the fetdtor as Com
Sloners OF thls BOARD OF foce IN conn1ct WIN the
llth section the I'd article OF the which de
cares tnat te uovernor sna m i d1 Dg anu WIN
the adVlce vi the oeHatG' aPpolut az NIi anu mia
otherwise herein provided for, ate$ dBerent mode
Of appointment pTeScTloed OV e t creating e oUce?