Evening capital., 1895-03-27
TEXT OF THE DECISION
on THE ANNAPOLIS scHooL-HoUsE.
Chief Judge Robinson Delivers the opin-
ion of the Court-The City Loses Its
Case-May Appeal to the SUI
preme Court.

We gave briefly in the CAPITAL yes
terday the result of the long-contested
case of the School Commissioners of
Anne Arundel County, against the May
or and City Council, of Annapolis, to
COMPEL the city to issue $40, 900 in bonds
without submitting the question to the
legal voters of Annapolis, whether or
not they should be taxed in addition
to their regular school tax for the coun-
ty for building public school-house for
the city of Annapolis, under its char
tered rights. The case has caused a
good deal of comment, pro and con, and
the decision of the Court of Appeals,
reversing the decision in the Circuit
Court, sets at rest the question, unless
the city takes the case to the Supreme
Court, ON Constitutional grounds.
In his opinion. Judge Robinson SAYS
"The act of 1894. chapter go, provides
for the erection of a public school build
ing in Annapolis and to pay for the
same. 1t authorizes and directs the
school commissioners of Anne Arundel
county to borrow money not exceeding
the sum Of twenty thousand dollars on
bonds to be indorsed by the county COM
missi hers, and for the same purpose it
directs that the City of Annapolis shall
| issue bonds to the amount of $4,000
and that said bonds shall be issued with
out submitting the question of their
issue to the voters of said city.
"The city of Annapolis refused to issue
the bonds as thus directed by the act,
and the question is whether the Legisla-
| ture has the power TO direct that the city
| authorities shall issue bonds to raise
money to be applied to the erection of a
| public school building in said city. This
| power is denied OH the broad grounds
that it is not competent for the Legisla-
ture To compel a municipal corporation
| to create or levy a tax for a local pur-
| pose in which the State has no concern
| or to assume debt not within the cor
| porate powers of municipal govern
ment. If the correctness of this gener,
al proposition be conceded for the pur-
| poses of this cause we do not see how in
| any manner it affects the a'iditv of the
act now in question: Continuing, Judge
| Robinson said "Nor can we agree that
| the act conflicts with section 80, article
of the constitution, which declares that
| the General Assembly shall pass no spe
cial law for any cause for which provis
! ION has been made 10y an existing gener
al law. The general law provides, it il
true, that the school commissioners el
| Anne Arundel county shall have ths
control and supervision Of the public
schools in that county, with power t.
build, repair and furnish schoolhouses
But it does not authorize the commits
stone to borrow money upon bonds Il
be Endorsed by the county commission
ers for such purposes, nor does it pro
vide for the apportionment of the cos
of a public school building to be erectet
in the city of Annapolis between th'
county and the city.
"This could only be done by specia
act, and this being so, the special act j
not in conflict with the constitution
which forbids the passing of specia
act for any purpose for which provision
has been made by an existing genera
law. 1t follows that the judgment sus
tanning the demurrer in this must b
overruled."