Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1911-06-02
JUDGE BEALLE uPHoLDs poo
LAW.


and others bought suit against the
County Commissioners during the
constitutionality Of the Dog Law
passed by the last Legislation for
this County. To the bill Of the
compIainanis a demurrer was fled by
the County Commissioners, admit
ting the facts alleged as to the
passage Of the dog law, but denying
that it was unconstitutional. Argu-
ment was heard on the demurrer
which was sustained BY the Court in
engthy opinion. The law is de-
clared constitutional and of full torce
and effect by Judge Bealle whose
opiiion reads az follows:
! be Bill in this csss prsys that
Chapter Is Of TIE Laws Of 1910 maj
be declared invalid, unconstitutional
and void and that the Comfy Com
missioners Of Cnarles County, their
successors appointees, agents. SER
wants, officers and employees, agent,,
servants, officers and empIo, ess may
be enjoined from enforcinr, putting
into operation, or execution any OF
the provisions Of said act.
The Act Is entitled AN act t. re-
peal and re- enact with amendments
section So A Of Article o Of the Code
of Pubic Local Lsws, title, s4Char'es
County" subtitle -D,gs" as the same
was enacted by Chapter 220 Of the
Acts Of 1910 and to add new sec
tiors to be designated as sections So
b, So c. and 90 d.
The several grounds assigned in
the bill as reascns " y the act should
be declared Unconstitutional may be
briefly summarized as follows: { 1st)
Beca ise the title or enac.ing clause
of the act does not comply with the
requirements Of section 20 Of Article
of the Constitution Of Maryland.
(2nd Because the provisions of the
act are in confiiction with Section 33
II Article 8 Of the Maryland tionsti-
tuition. (srd) Because the provisions
Of the act are in conflict with the 9th
Amendment to the Federal Consiisn-
ton. (4th) Because the provisions
Of va d act are in conflict with the
l4th amendment of the Federal
Constitution, and b.eau~s the
enforcement Of said law would be an
uhrea enable exercise of police
powers.
TO the bill a general demurrer was
fled and the case is now before the
Court upon the bill and demur' er,
and the reasons urged to show that
the act is unconstitutional will be
considered in the order named .bove.
Is the Act offensive to the require
msnts Of Section 20 Of Article 3 Of
the Constitution?
This section provides that: the
style OF all laws shall be ABE it enact
ed by the General Assembly Of
Maryland, that they shall be passed
by original bill, shall embrace but
one subject which shall be described
in its title, that no law or section
shall be revived or amended by re-
ference to its section or title only,
that no law shall be construed by
reason of Its title to grant powers or
confer rights which are not expressly
contained in the body Of the act,
that in amending any article or Sec
ton to enact the same as the said
article or section would read " hen
amt nlied, that when the General
Assembly shall enact any Public
General Law, not amendatory Of any
article or section it shall enact the
same in articles and sections as the
Code is arranged, and provide Ter
the publication Of all additions and
alterations which may be made to
said Code.
Every reas Unable intendment must
be made in constructing Acts Of the
Assembly to enable them to stand,
and an act will not be held to be
unconstitutional, unless it is in such
plain conflict with some provisions of
the Constitution a. TO leave no
discretion to the Court in the prem
ises. The style e the acl in gu, stion
complies with the requirements Of
this section, it embraces but one
subject which is aDogs" anl that is
described in the title.
In the case of state VS.. Norris I
Md. 90 it is said Courts are reluctant
sto defeat the will OF the legislature
by declaring Legislation void because
not in strict observance with the
terms Of the Constitution in regard
to the provisions as to titles and
subjects Of Acts of Assembly"
Ia view Of the decisions of the
Court of Appeals there can be no
question as TO the tide of Chapter Is
Of the Acts Of 1910 being ii accord
ance with the provisions VI Se.'tion
| % az Arfiele, z If tl.., Constitution