The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-04-19
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effect of such disposal of them. When the question is
presented under proper judicial proceedings the Courts
can determine how far the clause in the Constitution on
the subject of usury may affect the validity Of the de
mand Besides, if there be anything the objection il
might apply as well TO other evidences of debt issued by
the city, and not disposed to PREJUDICE the matter
in advance of the defence being taken by those who alone
nerpose it, and in particular form. There is no
injustice defect Of law in authorizing them to be
ceyed in payment Of taxes No person be compelled
to take them and if taken and set off against claim
taxes, it will be only following mode of payment here
toore pracsed when coupons made receivable in
payment of public taxes, to which objection
raised The supposed improper interference with the du
ues OF the Sheriff. as urged against the 18th section
would not vitate the law if the point sustained,
that in relation to the power of the Commissioners call
out GU the military authority Of the State Il G & j., 463-
me views presented in the opinion of the Chief Justice,
as well as that of the Court below show that these obec
tons are not well taken
That portion of the sixth section which relates to
Black Republicans, &C., is obnoxious to the obiecon
urged against it, If consider that class of ner
prescribed account of their pocaI or reli
ous opinions. But we cannot understand officially who
meant to be affected by the proviso and therefore
cannot express judicial opinion on the question As
to the effect of the clause in the 10th section which dis
qualities from holding any office under the Mayor &c
such shall fOrcby resist the provisions
law, the judges equally divided in opinion The ar
gument as to the 18th section concerned more the
apparent hardshps of the than the power of
the State to make these Commissioners part of the
city authorities for whose acts the latter made re-
spOnsibe What have said in reference to the for
mcr Commissioners of the Tax and Levy Courts will
apply here The counties were chargeabe as fully as
now for the conduct of these local authorities yet they
were not of the peoples selection They were ap
pointed by the Executive from among the citizens of
the county, as these Commissioners from among the
citizens of Baltimore and if the State thinks it exped
ent to select such agents to execute municipal laws
there is no less ground for holding the people response
bic than if they otherwise appointed whatever
reasons might be urged against the eXeron of State an
thorty in that way If the argument should prevail it
would not defeat the law; and whether party com
planning of default the part of the officers provided
for by the law can hold the city liable may be better
determined when such demand shall be preferred
Among the arguments against this law it was contend
ed that apart from the Constitution its provisions were
so arbitrary and unjust and subversvc liberty that
the Court ought to decide it void and support this
view reference made to that part opinion in
the Regents case, G. * j. 40S where said that
there is fundamental principle of right and Justice in
herent in the nature and spirit the social compact that
rises above and restrainS the power of legislation which
the Legislature cannot pass without exceeding its right
iui authority Weneed not examine this principle if
we see that it can have application the case before
u.s. The Court were dealing with the rights of private
corporaon we are treating Of public municipal corpo
r0ns; and with the limitation Of the principle as an
nounced by the Court that it designed to protect the
life, liberty and property of the citizen from violation in
the unjust exercise of legislative powers we are nrn
pared to Affirm that it asserts very doctrine
But we do not understand that having auplied
the principle to the Legislature when exercising its SOW
eregnty over public charters granted for purposes of
government.
The has been most carefully prepared and elabor
atey argued indicating great zeal and sincerity the
part of counsel. We have carefully and anxously
considered these arguments and the doctrines on which
suppose the ought to he decided having here
presented the convictions Of best judgment upon
them, conclude with the additional remark, that are
not 10 be considered dissenting from the views the
Court below where they have not been specially referred
to and adopted. lnasmuch as the is of great i'm
portance deemed due to the occasion enter more
full into the various questions argued before u.s. than
under other circumstances might have felt ourselves
required to have done, and chiefly upon those points
which are not as fully discussed in his opinion. The
results that the order granting the dndamWs must be
affirmed