Evening capital. (Annapolis, Md.) 1884-1910, 1903-06-20
CITYELECTION AND BOUNDARY MIDDLE
The Legal Status Of the Case And Intent
Of the Laws by James r. Brashears.

OF the Laws by James Il. brasnears.
The following is an opinion written by
lanes X. Brashears. Esq, on the city
election question which IS OF absorbing
interest to the legal voters of this city.
Mr.. Brashears quotes from decisions OF
the Court of Appeals, bearing upon SINH
lar cases, which shows the intention Of
the law that governs. The opinion is as
follows:
EDITOR EVENING CAPITAL 81 have
considered the question as to the legal
status of the corporation Of the City OF
Annapolis, since the enactment of Chap
ter 40 of the Acts OF 1898. and it appears
clear 10 me that Section % of Article ?
ofthe Code of Public Local Laws was
repealed and amended only so far as il
related to the boundaries of the City of
Annapolis, and that so much thereof as
relates to the election of the Mayor.
Counsellor and Aldermen is still in force.
The Court Of Appeals in the case OF
Roland Park Co. VS.. the State, 90 Md. /,
ago. said: ITO support this contention
we have referred to various lexicons
which define the work since We are
not, however. dealing with question OF
philology. What we have to do is to
discover the legislative intention and to
give to it, when ascertained in accord
ance with established canons, or rules,
full and complete effect. The mere
words which the legislature may use are
not always controlling. If the obvious
purpose Of an enactment is beyond the
liberal meaning of the language employ
ed. il viii not be restricted in its scope
and application by the narrow signifi-
canoe of its words and equally. too,
broad and comprehensive terms viii not
include that which is not within the de-
sign and the object of the statute. The
real intent, when ascertained, will always
prevail over the literal sense of the Lam
quage, because both the canons ofverbal
criticism and the rules of the grammati-
cal construction must alike yield to the
manifest spirit and intent of an enact
ment. or, as differently expressed, some
times cases not within the bounds are
held to be within the act, and other cases
are, by construction, taken without the
operation Of the law. though covered by
the language. according to the intent and
design Of the legislature. This intent
or design may be gathered not merely
from the language of the enactment. but
also from the cause or necessity which
prompted its passage, and from foreign
circumstances.
1.-The first portion of said section IS of
the Local Code lit being also the first Sec
ton of the city charter) provides for the
boundaries of the city, then provisions
are made for the election of the Mayor,
Counsellor and Aldermen, and then it
declares that they shall constitute the
corporation of said city under the name
and style Of the Mayor, Counsellor and
Aldermen of the City of Annapolis. The
title to said chapter SO of the acts of
1903, after referring TO the issue of bonds,
adds and to repeal and re-enact section
rs, of Article of the Code Of Public Lo-
cal Laws, title Anne Arundel county
subtitle, City of Annapolis. and ,sizf-
inc II tie boundaries Of said CITY Of Ar
H1SoIfs,' and then section IS is re-enact-
ed without any reference whatever to the
elections or 10 the name and style of the
corporation. so by applying the above
rule for the construction of statutes as
laid down by the Court of Appeals. It
seems clear to me that there was an err
ror committed by the draughtsman ofthe
bill by not adding the words so far as it
relates TO boundaries, etc, which must
have been the only object and intention
of the Legislature, for, otherwise, il
would have been unreasonable and n
diculous. 1t is not reasonable to sup
pose that the Legislature intended to re-
peal that portion of the FIRST section Of
the charter which provides for the cleo
ton of the officers of the corporation and
also the portion that declares that the
Mayor, Counsellor and Aldermen shall
be the corporation of the city of Anna
polis-in other words cut off its head,
and leave the other 81 sections of
the charter still in operation and without
anyone to enforce their provisions, or,
that there was design on the part ofthe
Legislature to continue in office forever
the persons then occupying those places.
whether acceptable or not to the people
of the city. The obvious purpose and
intention of the legislature was to change
the boundaries of the city of Annapolis
and nothing more.
JAMES X. BRASHEARS.