The Republican. [volume] (Oakland, Md.) 1877-current, 1896-07-23

| nOGel anu the business conducted
therein, the complainant will be
subjected to damages, irremediable
in court of law, should the provis-
ions of section 1851 and the ordi-
nance cited be enforced by being
compelled to close up his hotel at
the hour named therein, and in
consequence thereof being deprived
Of the patronage which he has
heretofore enjoyed and concludes
with prayer for an injunction to
restrain the Mayor and Town
Council of Oakland from enforcing
the ordinance cited above.
An examination of the acts of
Assembly heretofore referred to,
leads us to the conclusion that,
without regard to the course of
procedure in this case or the IN
suficiency of the evidence in sup
port the allegations of the bill of
complaint, we must declare chapter
1913 of the acts Of 1896 invalid and
imperative and that it confers no
such power upon the Mayor and
Town Council of Oakland as has
been attempted to be exercised by
the passage of the ordinance cited.
The title Of chapter 1873 OF the
acts Of 1896 describes it to be can
act to repeal sections 1877 to 1854
inclusive, Of article II of the code
Of public local laws, title Garrett
County, subtitle 'OaklaHd,' as
said sections were enacted by chap
ter 343 Of the acts Of 1892, and to
add certain sections to said article
to follow section 1854, and to be
designated as sections 195B, 1850.
195D, 1859, 1857, 1856, 195H.
1851, 1861, 195K, 1851, 195M. d"
No provision is made in this title
for the reenactment Of the repealed
sections. Without such provision
the act can only be operative to
repeal and cannot reenact, for by
constitutional requirement a law
can embrace but one subject and
that must be expressed in the title.
A provision in the title to repeal
only must not be extended to in
clude a reenactment, because that
would work surprise.
An examination of the enacting
clause of chapter 1913 of the acts of
1896 shows that it was the purpose
of the General Assembly not only
to repeal but also to reenact with
amendments the charter of the town
as amended and enacted by chapter
343 of the acts of 1892. and as the
purposes to the repeal and reenact
with amendments are so closely
connected as not to be discovered,
the intention Of the General Assem-
bly, would be frustrated by giving
to the act the efficacy to repeal,
which is the only purpose expressed
in the title. Hence the act of 1892
must remain as unrepealed, for the
act of 1896 fails to reenact because
it does not so state its purpose in
the title, and it fails to repeal with
out reenacting because such was
manifestly not the intention Of the
General Assembly, as it shows by
the enacting clause.
The act of 1896 provides that
certain new sections, among them
section 195H, should be added to
article y as amended by the act of
1892. While it's true that this new
matter is not so connected with that
which precedes it in the act, that 1t
cannot be separated and so must
fall with it, yet an examination of
it discloses that it IS but a repetition
of the provision of the act of 1892,
or more properly speaking, reen-
actment thereof except sections
1856 and 195H, which contain new
matter. 1t manifestlY was not the
intention of the legislature that
| GltoC IcW SCCOlOIS oHOClO UtCOluS
law, for the effect of this would be
to duplicate legislation already en-
acted and make part of the code
that which was already law therein.
Nor can this be construed as a
repeal and reenactment of the pro
visions of the act of 1892, for the
title of the act of 1896 does not SC
state. TO be effective as a repeal
and reenactmeLt it should have been
so plainly stated in the title to the
act as to fully appraise the law
makers Of its import and so not
operate as surprise. 1t is cleal
that the legislature never intended
by the addition of new sections tC
simply repeal or duplicate existing
law and this would be the force Of
this new matter, if it is allowed tc
have effect, and it is equally as cleal
that the Legislature did not intend
to allow the provisions of the act Of
1892 to remain in force with the
addition only of those contained II
sections 1856 and 195H, discon
nected from the other new sections