The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-07
La w INTELLIGENCE.

SUPERIOR CouRr.-Hon. R. N. Martin, Judge.
The State of Maryland, the relation of Charles
Howard and Others ''The Board of Police of the
city of Baltimore" rs. The Mayor and City Coun-
ell of Baltimore. Application for mandamus.
Reverdy johnson, j. Mason Campbell, William H.
Norris and S. Teackle Wallis, Esqrs for the Police
Board; Jonathan Meredith, VIM. Price, William
Schley and Thomas S. Alexander, Esqrs, Tor the
city.
Mr.. johnson resumed his argument.
In coming to the construction of the true Interpretation
of the Constitution the rules familiar the aids
you consult gain proper and conclusions
The meaning of State law to be gained by referring
to the circumstances existing at the time of its passage
as what was intended be ACCOMPLISHED has much to do
with the intent of the law In regard the meaning
the Constitution you consult its terms. You refer to the
circumstances existing at the time and if evils exist
which not provided for by the organic law you
bound construe that instrument to remedy the evil
There plenty of in the books where serious
questions have arsen which have not been provided for
and which have been settled in this manner. He would
refer relative to the power of Congress regu-
late commerce 1t was that in which the Stale Of New
York gave to Robert Fulton, the inventor of the
boat the exclusive right to navigate the
Hudson river by use of steam The right of the State to
issue such grant tested in the courts that State
and the eminent urst decided that the State had such
power 1t contended that there nothing in the
Constitution the United States prohibit grant and
the taken to. the Supreme Court of the United
States The plaintiff contended that having a Ii
cense from the government he had the right to
gate any the of the country The fully
examined and the Court found necessary to outside
of the Constitution TO find the true meaning of the word
regulate" used in the section of the Constitution
giving the power to Congress to CIRCULATE commerce
Previous to the adoption of the Constitution the States
had been soveregntes, with power either to regulate
commerce by restrictive laws prohibit entirely The
Supreme Court however concluded that the clause in the
Constitution giving Congress the power to regulate
merce was intended to empower that body to regulate all
things necessary for the of commerce. and
quenty the State of New York had power issue such
grant The same authority Congress the to
build light houses, erect buoys and breakwaers and do
all other things which would tend prosperity
The court held for the reason that the
term commerce not only included the articles trade
which formed the of the vessels but the vessels
in which the trade carried on.
Mr. johnson next referred to the constutionalty Of
of the Police law creating the Board of Commissioners
He said its nvadity based on-Firs that
ed with the of taxation. SecondIt concted with
the powers OF the Governor in regard to the appointing
power and calling out the military. Third-It concted
with the of the Sheriff Fourth-It concted with
the powers of the Justices of the Peace
of the peace, and Fh-It conicted with the power
the Mayor and City Council.
These would be considered in order First the power
of the city to levy recev from its charter
The subsection of that power to the Legislature is to be
found in the fact that previous and subsequent to the
present Constitution the Legislature has regulated the
amount of taxation to be levied by the city authorities
Mr. Johnson here referred to the acts of 1917 @ S
to show that the Legislature has regulated the
taxation to be levied by the city
If by any act, said Mr. johnson, the Legislature had
attempted to give unlimited power to the city in this
matter, it would have been simply void. No has
ever doubted that this authority embodied in the
Legislature There is nothing in the Constitution which
refers to the ctys right to the power Of taxation. This
fact proves that the Constitution looks upon city
the city to act in any matter by the Constitution you
go to the charter to whether that
city paramount to that of the State The absurdity
Of such proposition is its answer.
Second 1t is said to interfere with the powers of the
Governor. First, with his right to appoint to office. II
anything this is more absurd than the other proposition
Mr. Johnson read from police act the section relative
the appointment of the Commissioners This provision
is said conflict with the power granted to the Governor
in the Constitution to appoint by and with the advice
and consent of the Senate all civil and military officers
throughout the State 1t did not stop here but why did
Because members of kneW
that the eXgences of society would demand officers
which could not at that time be anticipated. And with
wisdom, they went to provide for other Offices and
the appointment of which are otherwise provided
for. If, therefore. the law creating the Office
appoints to Office there is conflict with
the authority of the Governor The meaning of the words
which he had just read is that if Office is created the
Governor shall not have the appointing power The truth
of this proposition is too plain to be doubted Your Hon
is to remember that this power appointment is the
that contained in the anteceden Constitution
How was Howard South and other streets opened How
the Jail and courthouse but2 Why, by laws, passed
by the Legislature, which nominated the officers, who
days-the days of Marshall, Pnkney, and Martin but
there never whisper that those were unconst
tutional No person had the hariihood oppose them
Mr. Johnson next referred to the plea that the power
granted to the Commissioners to call out the military
unconstitutional. 1t astonishing that such plea
should be entered by the city authorities In the
18th Wharton page IS meaning of the correspondn
section in the Constitution of the United States was be-
fore the Court Now the Court stated that they had no
doubt as to the power of Congress to act provd
ing for the prevention of an invasion. The authority
granted to the Governor to suppress invasion when
it had taken place He here correspondence
which took place between Mayor Swami and Governor
Lgon relative to the power Of the Governor call
the military, when Mr. Swami took ground that the
Governor could only act when an actual outbreak
isted Mr. johnson would for the sake of argu
men that such is the law. The other side had
Previous to the act of 1923 the law the Now
the Governor.
Mr. Johnson read from the law of 1928 to show that
the power of calling out the military belonged others
beside the GOvernortO the Mayor himself When the mil
itary had been called they bound to obey. The
power possessed by the Governor is the same as
then Who doubted the constitutionality of that act
How often has it been acted upon2 Were not the militia
ry called out to assist in repellng invasion of sister
State, and did the Governor the State thank the
commanding officer for his promptness? There have
been railroad riots and the military have been called out
to suppress them and the act of the commanding officers
was not deemed in conflict with the power of the
nor Mr. johnson referred to the act of Governor Lgon
in coming to the city He here protect the rights
of the citizens The clubs armed the people were
terrified their dearest rights assaed The elective
franchise, upon the purity of which depended all
rights of society," had been abused and ramped the
dust. The Governor to order confidence
The Mayor claimed that he subordnated to power.
lie was sustained in this opinion by able and honorable
counsel He relied for his power the act of 1925 which
they did not consider repealed gave the Governor
power to alone call out the military suppress insurrec
tion. They made the Mayor superior to the State.
This opinion was not given previous to the adoption of
the present Constitution but only here the other day
when the city was threatened with bloodshed, and the
dearest rights Of citizenship to be violated But the
objection is based upon msconstructon of the clause
has commenced, and the Governor refuses
from the city-it may be that he is in another States
there power to call out the military Must the cti
be murdered and all laws defiance because
Governor is not present. will not call out the military?
He gave authorities to show that other States, with
similar provision in the Constitution had passed laws
calling out the military by powers other than the Gov
ernors But, said Mr.. Johnson, would your Honor de
eide against the validity of law when the principle had
been exercised without objection since 1918.
The power of the Sheriff next considered. Mr..
Johnson said: The doctrine occasion was not the
We had
in November last what called an election That was
to vote or be knocked down Some nerson sunnosad
that the Sheriff could protect the rights of people,
How did the Mayor act? He consulted his attorneys.
He was the Mayor of the city and could admit of
ference.
Mr. johnson here referred to the correspondence
between the Mayor and the States Attorney relative to
the power and duties of the Sheriff. prove that the
Mayor and his advisers did not think that the Sheriff had
any to interfere preserve order He 1.-THE Mayor
was the chief magistrate of the city and could alone
erclse such functions The Sheriff was powerless for
good At that time those opinions deemed sound.
But now change has come over their dreams The
Constitution recognizes the office of Sheriff. but does not
attempt to define his duties and if he has the power to
call the coitaus, it only because it part
of his duties. He has the power use this authority
because the law gave him the power, and his authority
conservaor of the peace is derived from the same
source Would it not be extraordinary proposition
say that the Legislature has not the power away
the authority of the Sheriff in this particular? Who
would have the power if not the Legislature? IT. by
virtue of his Office he he'd the right previous Con
suton to act conservator of the peace he has
power now The present Police bill only makes it in.
cumben upon him to obey the Board of Police Commis-
sioners Because the Sheriff has by his position the
power to the peace it, therefore, impossible
convey similar powers to any other person.
The law is SAID be unconstitutional because itnerferes
with the right of the Mayor and City Council to appoint
police force for the city Now the Constitution
that the Legislature shall have power police
force
Mr. Johnson the section of the Ah article of
the Constitution and said that the section intend
ed to institute judiciary. He defined the differ
ent powers exercised by the judiciary under this act and
said that the act intended to judiciary and
not police force. judge without executive officer
to enforce his judgments would have power save that
OF moral which does not suit these days Therefore
have Sherito execute. The Justice the
judge and has his executive officer the constable
who holds the same relation to him which the Sheriff
holds to honor Now, these constabes elected
by the people and it is provided they shall not be
elected by the city, generally but by wards in such
numbers as may be deemed necessary.
1t was thought by the constabulary and Justice of
the Peace force that they could and operate in any
ward but the Legislature has thought proper conne
them to their particular wards 1t is conended by the
other side that the constabulary force is police
Now, if So who has the power them account for
dereiction of duty? The Mayor and City Council? No
They would have the same power to make Honor
police officer Now supposing them to be police officers
In case riot is progressing in the Goth ward the 1lh
ward where it sad the silk stocking gentry live and
these police other side call the contabes refuse
comply with call to suppress the riot who Is to hold
them responsitlep The Mayor and City Counc2 Ce-
tanly not The Governor comes here and he is told
away the city has the authority. The Sheriff appealed
and he is told stand backhe Mayor is the copser
told that has authority and the constabulary
IS now claimed police force Yet the Mayor has
power to control this force If his Honor crime
they can arrest him.
honor would certainly have the power to discharge him.
and would doubt do if the o