Evening star., 1927-11-02
BY DONALD A. CRAIG.

County. combining 2S COMMUNITIES near
| the District of Columbia border.
BY DONALD A. CRAIG.
A serious question regarding the
power of the Legislature of Maryland
to create new city in upper Prince
Georges County, to be entirely inde'
pendent of the county, has arisen in
the minds of many lawyers and others
familiar with decisions of the courts
bearing upon this subject and based
upon the constitution of the State.
Apparently this question must be met
before definite plans can go forward
for the proposed new munlclpanty
contiguous to washington; lor Will
the name Maryland City" has been
suggested.
| Many leading advocates or the new
citv have been proceeding upon the
theory that it could be made sepa'
rate tax area. Some have said that,
unless this can be done, they Will not
favor the scheme. These persons also
expect that the proposed city Will nave
| it's own courts and in other ways De
divorced entirely from the county.
They have insisted that the Leglsa'
ture has power to accomplish tnls
without an amendment TO the state
constitution. This view Is oirectly az
variance with that of some constltu'
tional LAWYERS who have examined the
question.
On the other hand, many enthusl-
astic advocates of the city scheme
have contended all along thai, every
important advantage might De ob-
tained by a consolidation of the 2S
communities in the proposed city area
under a municipal government SUP
stantially the same or similar TO the
governments of the present lncorpo'
rated towns of the county. They nave
never suggested that a separate tax
area or judicial system by SET up.
They have not even supposed that the
Legislature would go that far. pro-
vided it has the authority to 90 SO
under the constitution. Irving Owings.
chairman of the Maryland Park ana
Planning Commission, who IS neaftliy
in favor of the new city, takes this
view.
Legislature Has Power.
But the committee Of inquiry OF the
Hyattsyille Chamber of Commerce mas
been proceeding upon the theory tnat
the proposed new city could pe al'
It
ion of MANY lawyers this theory must
he abandoned and the plans or the
committee must be revised, unless IL Is
proposed to start campaign Tor an
amendment to the State constitution.
Most persons lieve such campaign
would be futile, at least for the pres
emf. Some doubt whether the people
of the State would ever be willing to
create another city as Independent as
Baltimore by constitutional amend
ment.
There is apparently no question
about the power OF the Legislature
to abolish the existing corporations
and include additional territory in
new municipal corporation. This
power. of course, could only be exer-
cised in accordance with the state
constitution, and with due regard 10
all vested property rights acquired
through bond issues. contracts OF the
existing municipalities. etc. Tne Leg.
islature could give to this new anu
enlarged municipality all the powers
enioyed by the present smaller corpo-
rations and probably additional pow
ers, such as are now granted 20 sonis
other municipalities in the State. But
there are many powers possessed py
Baltimore City and by the various
counties Of the State, 1t is heio' Wnlcn
could not be granted without coh-
stitutional amendment.
Among the powers which the Leg
islature could not grant, in the opln-
ion of many lawyers, would De the
mower to establish separate courts TO
try misdemeanors and felon1es, now
vested in the county courts, or IN the
justices of the peace or Police Court
of Prince Georges County. The same
would be true with regard to making
the new city a separate tax area, 1t Is
held Nor could the Legislature, ac-
cordlng to this view. without con
stitutional amendment, take away the
present Jurisdiction of Prince Georges
County over territory embraced In the
new city.
Tax Possibilities Restricted.
In respect to the most important
consideration-that of taxation-tne
LEGISLATURE unquestionably couid con-
fer on the new city the power to levy
town taxes in addition to those levied
nv the State and county authorities,
II is held, but it could not grant the
city, without a constitutional amend
meft, the right to use any OF the taxes
now levied by the county or the state,
except probably as now PROVIDED py
law in rebate for roads. and possibly
for other similar objects to a limited
extent.
This possible limitation upon the
power of the Legislature does not dis
turb some of the leading advocates
of the city. They say an enlarged
municipality could have an efficient.
established government. instead OF
councils meeting only at night. They
point to the advantages that might
come from unified activities of vari'
Gus kinds, such as garbage COLLECTION
and disposal, street maintenance ana
cleaning. q regular police system, ire
department, etc. There would be
paid city manager. they contend, IN
stead Of numerous mayors, serving
voluntarily and giving their time and
energy only after their daily private
business is over.
Charles 3. Calvert, a constitutional
lawyer of Mount Rainier, has maze a
study Of the question with a view tc
determining how far the Legislature
can go in creating a new city. He
believes that the Legislature. under
the constitution, has "the power to
make the consolidation of the towns
and present municipalities, as pro
posed. to be included in the larger mu.
nicipal corporation, with all the usual
powers now possessed by such mum
cipalities." This can be done. he be-
| ,ieves, with or without referendum
to the people of the section affected
bu. a referendum would be In accoro
ance with the policy OF the Legisla
ture generally followed in such cases
Legislatures Power Upheld.
The creation of a larger city. such
| as that proposed, would be an exer
else of "the proper and ordinary pow
ers" of the Legislature, 1t is held, pos
sessed under its right to organize ano
delegate power and to fix and change
the limits of municipal corporations.
This power of the Legislature, 1t IL
held, has repeatedly received the sane
ton OF the highest court in Maryiane
| and the approval of judicial authority