The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-05
la w INTELLIGENCE.
SUPERIOR CouRr.-Hon. r. N. Martin, Judge.


ell of Baltimore Application for mandamus
Reverdy Johnson j. Mason Campbell, William III.
Norris and S. Teacke W Was, Esqrs., for the Police
Board; Jonathan Meredith. VIM. Price, William
Schley and Thomas S. Alexander, Esqrs., Tor the
city.
On the opening of the Court on Saturday morn
ing, Mr.. Meredith proceeded and continued the ar
gument, which he commenced on the previous day,
on the part of the respondent
He said, in the discussion of the questions in
volved he would throw aside all irrelevant matter
and confine himself to the points at issue.
He then proceeded to consider the provisions of
the bill as they follow each other in the act itself,
and separately, to test their constitutonality. He
said the bill was an abnormity. The government
of the city of Baltimore, he argued, was com
petely organized, from the Mayor to the lowest
officer, from powers received from the city's
charter.
Mr.. Meredith then read the several acts provd-
ing Tor the appointment of all city officers These
laws are not repealed by that section of the Consti
luton Whlch provides the manner of repeating GER
tain acts' III these acts repealed, all officers
appointed oy the Mayor and City Council since the
passage OF TINS police bill have been illegally ap-
pointed - -
The nineteenth section of the Police Bill was
then read and commented upon The Commits.
sioners, the counsel said, were introduced in the
bill as authorities, civil authorities which means
agencies of an established government. An agent
is person appointed to do business for the princi
pal; he is subordinate to, and controlled bv, the
principal. This bill appoints officers against the
are the ruling power-the king-and the Commits
sioners are the viceroys appointed under them.
1t IS against every principle OF common sense
and common justice to make the Mayor and City
Council responsible for the acts of the Commission
ers. This provision is not strictly Illegal but it is
repugnant to the theory and spirit of the Constitu
tion. By this bill there is the introduction of
new Board of Commissioners unnOtced and un-
known to the Constitution. The Legislature has
from time to time instituted Boards of Commission
ers, but they were only temporary; but these Po-
lice Commissioners are to last as long the Con-
stitution may endure. There is nothing in the
Constitution to warrant the appointment of a
mission of this kind. Every office of the State
18th certain exceptions, by the Constitution
made elective, according to the great theory of the
Constitution that the government shall be popular
lied. The Legislature only prescribe the man
ner of making appointments, the Constitution does
not give it the power to appoint.
The fourteenth section of the bill was then dis
cussed.
The police BILL in its first section, repeals the act
of 1917, which was the only support of the ord-
nance of 1857. But this bill keeps the ordinances
alive until the organization of this force is COM
pete.
| the city government repeal of the franchises
| conferred upon the city by its charter of 1896
Whatever authority the Legislature exercises
municipal corporations it must be exercised with
limited power, it cannot touch municipal charters.
| The bill of rights says that man shall not be dis
seized of his liberty and rights except by the law
of the land This principle applies to the franchi-
| ses of corporations. The law of the land means
| due course and process of the law.
Whether the powers of this Corporation have
| been misused or abused, they only be rene
| died by due process of law; it may amount to a
forfeiture of the charter but that can only be re-
pealed by scire facias. If the Legislature cannot
| repeal charter, neither can they repeal fran
| chise under that charter; and the only way the
franchises of the city can be repealed ia by Scire
| facids. If you have power to take away fran
| mpnt
lifeless trunk it is not within the power of the
Legislature to repeal the charter of political cor
| poration.
The case of the attempt to repeal the charter of
the East India Company by the English Parlia-
ment was alluded to. This attempt not to
amend the charter, but to steal away certain fran
chises and to convey them to Commissioners ap-
pointed by the King, on the ground that this Com
pany had abused its chartered privileges. 1t was
| denounced by Mr.. Pitt. The bill failed, the Far
Lament came to its Senses the sober second thoughts
of the Parliament crushed this attempt of legisla
tive usurpation and the bill was lost 1t is the set
| tied principle of law in England and this country
that you cannot take away the franchises of char
ter except by process of Scire facias.
The Legislature of this State has no power, then
to aunul the charter of the city of Baltimore; it il
judicial power, and must and can only be done by
| judicial process.
Mr.. Meredith said he would take higher grounc
that the judiciary cannot declare the charter O
the city forfeited. 1t is constitutional charter
and you can't blot it out. You can't repeal it with
out repeating the Constitution. Annul this char
ter, and what becomes of the government? Repea
it-away go your judges, your sherifs, YOU
members of the House of Delegates and your repre-
sentation in Congress, because the charter is en-
grated upon the Constitution and is integra
part of it.
Mr.. Meredith then proceeded to argue that thu
Constitution granted to the Mayor and City Coun
Gil of Baltimore power to appoint police, anC
that the present police force organized unde
that provision of the Constitution, and that thu
q n IN or ohrnrr
Constitutional grant. The section of the bill pro
, viding for the issuing of writ of mandomus com
manding the use Of the fire alarm and police tel
egraph, station houses, &c. was next referred to
The charter of 1796, l, gives the right to tn
Mayor and City Council to hold property and dspos
, 1T.
By the act of 1917 the whole property of the cit
l and county was comminged. The first section
provides that all property of the county is veste
/ in the Commissioners of the county and the Mayo
, and City Council as tenants in common. By sub
sequent act it was divided into equal moetes. Thi
property is the private property of the city of Bal
tlmore. Can it be taken away2 1t was contende
that the Legislature could not transfer the right o
, property to others and for other uses. TJustic
, Story cited The Legislature cannot divest pro
perty of this corporation and vest it in Others T.
take away the use of mans property is to TAX
away the property itself. What is the use of pro
perty, il the enjoyment of the benefits of that pro
perty are taken away. 1t is act of confiscation
All the rights of property go with its use 1t
<
the bill goes for the benefit af the city. The owne
himself has the exclusive right to regulate and us
his own property. This section of the bill strike
at the fundamental principles of law and Justice
1 MIR. Meredith then proceeded to discuss the ques
ton whether there was not already permanen
police force established for the city of Baltimore
The Constitution is the work of the people.
declares that the people shall have the right to reg
ulate the internal government of the State, and il
4 police.
: The 10Th article of the Constitution shows tha
this right being given to the people, they hav
done This article provides for permanent pc
8 lice of the city. The justices and constabes are
be elected by the people, and they are the perma
: nent police of the State; and this is carrying ou
the principles of the Constitution to popularize tn
e power of the State, and decentraliZe that power
The power of the Legislature is not to increase tn
police, but add other police powers to those
these justices and constables. This is specifcall
S granted to the Legislature.
e If the Constitution intended the Legislature
l. have general power the whole police, tn
r grant of specific power would be idle and useles
Here Is permanent police for the State, but th
/. Legislature in its omnipotency undertakes to max
o a new permanent police for the city of Baltimore
n Commissioners are sent to take away the power
: OF justices and constables, to disarm them of a
!, power. If they had that power they could sen
l. commissioners to every county of this State; the
o could organize great central police power at tt
city OF Annapolis; but the Court of Appeals sa
that would be subvertng all the powers of the pc
manent police of the State. This bill gives powe
It all conservators of the peace; a Judge
the conservator of the peace, but by this bill tt
power is given to the Marshal to take jude
Z from his bench and command him to mingle wit
u the posse comitatus. What redress has he =?
u kabeas corpus? He applies for that and finds h
: brother judge in the same box as himself.
!, Mr.. Meredith argued fully on this point, and col
tended that by the provisions of the 10th article
the Constitution, the permanent police for the Sta
q was established, and that the Legislature had T
right to interfere with that permanent police I'll
city, said the counsel, had something else to deper
upon than this permanent police of the State.
lie referred to the power given by the Constitution
the Mayor and City Council to create an addition
7, temporary police, and cGntended that the emplo
d, ment of the word "additional implied that th
police was to be added to the already permane
~ police of the Constitution; and that the meaning
the word temporary" did not imply simply th
this force merely to be called ont under ar
sudden emergency. The power to create by orc
nance, and to increase the police, was given to Il
Council and also the power to govern it.
le This grant of power to create an additional poll
k force is exclusive to the city of Baltimore and the
m is concurrent power in the Legislature. If th
so it would be repugnant to the grant of Il
D. city. The supreme power in this case is in Il
r, Constitution. The other side have admitted,
their demurrer that the present police force ha,
he been organized under tAe ordinances of the cit
T. The power, therefore, to create by ordinance p
* lice force, being granted by the Constitution, Il
present police is constitutional police.
Mr.. Meredith then referred to the provisions
the 18th section of the bill. He called it grant
# disfranchisement. There was only such grant
40 one section of the Constitution, and that was