The midland journal. (Rising Sun, Md.) 1885-1947, 1894-04-20
An Opinion


two offices in one. The Commissioners have dis
regarded the late act and propose to test its con-
stitutonality before the court.
ELKToN ND, April IL, 1894
To The County Commissioners of Cecil County:
Gentlemen:-The Act of the General Assembly of
1894, Chapter %, amending Article 8, title Cecil
County," subtitle County Treasurer" ofthe Code
of Public Local Laws referred to me for my
opniou has been considered by me.
By Article 3, Section %, of the Constitution of
the State Maryland it is provided ''that every law
enacted by the General Assembly of Maryland
shall be described in its title"
1t appears to me that the act in question is OBJ
noxious to this provision, otherwise this provision
of the constitution can have no force or effect in
any case. The title to the act is as follows can
act to repeal Sections 49, 122 and 123 of Article s.
of the Code of Public Local Laws" title Cecil
County, subtitle County Treasurer" and to re-
enact the same with amendments providing for
the election of treasurer of said county in the
| year eighteen hundred and ninety-five and his
| appointment in the meantime"
| If the subject embraced in the act was merely
| the election of treasurer of the county in 1895
and the appointment of one to serve in the mean
time, then the act would clearly be constitutional
But upon reference to the act we find other sub
jects embraced therein and which are not set out
| inIthe title, a follows:
| LIST. The abolition of the Office of Clerk to the
Commissioners
2nd. The imposition of the duties of Clerk upon
the Treasurer, who shall be called Secretary.
3rd. The custody of the records of the County
Commissioners is taken from the Commissioners
and given to the treasurer.
1i,+; -.
act, none of which described in the title of the
act as the constitution requires
Then the general powers and duties of the office
| of County Commissioners are disturbed, the
custody and control of their own records are taken
| from them and placed in the possession and con-
troll of the Treasurer The act provides an officer
and the manner of collecting and discussing pub
lie money but it alse deals with other subjects in
| no way germane to the subject described in its
| title.
1t abolshes the office of clerk and imposes new
| duties on the Treasurer and those duties in no
| manner connected with the proper duties of the
| office as described in the titling. And while it
was evidently not intended to destroy the office
| OF Its duties, or to reduce the expenses of the
administration of the expenses of the admins
tratlon OF the two offices, it is covert attempt
under the forms of legislation, grossly, perhaps
purposely, misleading in its title to abolish merely
IN name an Important existing office, its evident
purpose Is to get rid OF the present incumbent of
the office by pretended change in the law.
In Meekins case so Nd. 45. The Court speaking
| of the act then under consideration, said: "The
| act dealt with but one subject which was system
| of levying collecting and discussing the public
money" But this act of 1894 Chapter 25, deals.
| not only with the subject of collecting and dis
| bursting public money but it provides for the
custody of the records of the Commissioners office
and also with the performance of the duties of
clerk, which are distinct and independent subjects
Yet there is not one word in the titling of this
act to show that these distinct subjects are en-
braced in the act.
There is nothing in the titling of the act to di-
rect as the constitution requires either the Legs
lature or the public, (who are interested in SUBJ
Jects of legisaton) to the fact of the several sub
jects embraced in the act.
Davis VS.. State 18th Nd 16O.
State vs. Norris 10th Md. 95
The practical and effectual execution of the
duties OF the office of Treasurer which to collect
ana dlsburse the public money, does not require
that the Treasurer shall execute the office ofclerk
or that he shall have the custody of the minutes
resolutions, records of the public roads and
SANSSNpt
the contrary there are many powerful reasons,
why he should not have any control whatever
over them.
Unless the office of clerk, which has been abol-
ished by implcation-for example where the
public service required the discharge of the same
duties by the two offices, treasurer and clerk it
would be necessary, in order to abolish the office
OF clerk, to set forth and describe that object of
the act in the titling, else this constitutional
provision is meaningless.
The Court of Appeals, in Davis vs. the State, |
giving the reason why Section 90 was Incorporated
as part of the organic law, says ga good or bad
provision might slumber in the body of a law of |
which the title gave no intimation and hence
members of the Legislature might suppose from |
the title OF the law, they voting for one thing
when IN fact they were unwittingly voting for |
another, directly the opposite" Again on page
l60 1.-The object of this constitutional provision is |
obvious and highly commendable. A practice |
has crept into our system of legislation of engraf
ing upon subjects of great public benefit and i'm
portance for local and selfish purposes foreign
and often pernicious matter &C. In this way the |
people of our State have been frequently inflicted
with evil and injurious legislation"
This is the language of the Court of Appeals
and no better illustration could be found than
this very act of 1894, Chapter 25, to show the wis
dom and necessity for such constitutional
prohibition.
The County Treasurers act, like all other acts
OF a local nature, is never actually read in the
Legislature as condition precedent to its becom-
Ing law The bill under the rules, is referred to
the committee, in this case to committee of
which Senator Crothers dts originator was chair
man-reported favorably, and then without being
printed, put upon its passage by reading the title
only. This legislative manner of dealing with
bills purely local in their nature is a matter of
public notoriety. Hence arises more urgent
necessity for the courts to demand a strict con-
formity with the constitutional requirement that
the local bills embrace, article g. Section 30 of
the constitution prescrbes, but one subject, and
that subject be described in the title ofthe act.
Again by Section 2, of the said act, all acts and
parts of acts inconsistent with it are repealed but
it provides that it take effect from the date of its
passage to wit: February 2lst 1894.
Under the law existing at the time the County
Commissioners on the list of last December APP
pointed a Clerk for the period of one year from
the date Of his appointment. If the act of 1894
abolshing the office of Clerk is constitutional,
your board has been without Clerk since the 2lst
of February last and if the act of 1894 took effect
from the date ofits passage, the person now
engaged in collecting the State and county taxes
and discussing the same under direction of the
Commissioners, has been since that time, functus
otfieio. The present acting Treasurer's term does
not expire until the end of the present fiscal year.
July LIST next. He has bonded TO the State for the
state tax, and to the county for the county tax.