The Republican. [volume] (Oakland, Md.) 1877-current, 1931-10-08

pealed and re-enacted with amend
ments Sections 2, and as enacted
by the Act of 1888, Chapter 430, Sec
| ton 2 being again repealed and re-
enacted with amendments by the Act
of 1914, Chapter 688. 1t is not nee
essary to discuss the provisions of
Sections and 9, Section 2, by the
Act of 1914 Enormously therein des-
| ignated as Section u, in addition to
what has already been mentioned,
| gave to the Community the power "to
preserve order and decorum, to regu-
late the running at large of cattle and
/ other animals and domestic fowls in
and upon Mountain Lake Park, and to
provide for the extension, making,
building, improvement, care and MAIN
| tenance of the public grounds, COM
mons, roads, drives, bridges, walks,
plank ways, drains, sewers, water
streams, waterways, and the power to
license and regulate all coaches, car
riages, carts, drays, omnibuses, wag
ons, automobiles and other vehicles
kept for hire or hired in said town,
and shall have the further power and
authority to license and regulate all
and any of such vehicles kept for such
purpose at any place in Garrett coun-
munity of Mountain Lake Park to
| transport a person or persons, goods,
wares or other merchandise to any
other place in said community of
Mountain Lake Park for hire; and the
right to license business houses and to
enforce the collection of the same by
ordinances and impose fines for the
violation of said ordinances and also
to recover the same by the action of
common debt"
The Act of 1916, Chapter 176, which
repealed and re-enacted the 9Th sec
ton of the Act of 1888, Chapter 430,
after providing for the 'ascertainment
of the value of property in Mountain
Lake Park and the levy of assess
ments against it, said: "The lien
aforesaid for said taxes shall be en-
forced against any lot and improve
ments at any time after the first day
of January succeeding the date of
such levy, but no such proceedings to
enforce such lien shall be taken unless
authorized by an ordinance adopted
at the previous Annual Meeting of
said Community; and the bailiff, or
tax collector of said Community or
either one of said officers shall have
all of the rights and powers for the
collection and enforcement of said
taxes as are given the County Treas
urer of Garrett County under Chapter
566 of the Acts of the General Assem-
bly, of Maryland, approved on the 9Th
day of April, 1890, and to the same
extent as it the said Act was enacted
in this amendment verbatim, unless
the proceedings of said Treasurer or
collector shall be modified by ordi-
nances passed by the Annual Meeting
which body shall have the power at
any time to modify or change the
method of collection of said taxes"
The Act of 1927, Chapter 100, re-
pealed and re-enacted Sections 5, Z
and 8 as Heretofore enacted so as to
include call personal property sub ect
to county assessment and payment OF
county taxes located in Mountain
Lake Park"
Then came the Act of 1881, Chap
ter 5O7, incorporating the town OF
Mountain Lake Park, subject to the
result of an election to be held on the
second Tuesday of July, 1881, "for
the purpose of determining whether
the citizens of said Mountain Lake
Park desire to incorporate" to be fol-
lowed, in case of a favorable result,
by an election of a Mayor and five
Councilmen on the second Tuesday of
August, and the Act providing for
the repeal of the Act of 1883, incor-
porating the Community of Mountain
Lake Park and all amendments there
to. Incorporation was accepted at
the July election and the defendants
elected Mayor and Councilmen in Au-
gust on the day prescribed by the
Act. The charter powers are those
usually granted to municipalities, de-
scribing the territory to be governed,
the qualifications of voters, officers
to be elected and chosen, the power
to levy and collect taxes, the right
and duty to abate nuisances, preserve
order, license trades, occupations and
business, pave, grade and otherwise
improve streets and roads, provide for
lighting and sewering and to do the
things generally provided fol, in such
charters.
The Mountain Lake Park Associa.
ton of Garrett County, the Commun-
ity of Mountain Lake Park and seven
persons owning lots in Mountain Lake
Park seek an injunction to restrain
the Mayor and Councilmen of Noun
tain Lake Park from exercising the
duties and performing the functions
of their respective offices, and pray
that the Act of 1881, Chapter 507, be
declared unconstitutional and void and
allege several reasons, any one of
which would void the Act if their con-
tentions be sound.
/. 1t is commended that the Act is
void because the title includes two
separate and distinct matters in vio-
lation of Article 3, Section 20, of the
Constitution of Maryland, and because
it attempts to repeal the charter Of
one private corporation (the Commun.
ity of Mountain Lake Park, amend
that of another not mentioned (Moun-
tain Lake Park Association of Gar
rett County,, and to create a public
or municipal corporation Mayor and
Councilmen of Mountain Lake Park
By the constitutional provision just
mentioned it is declared: every law
enacted by the General Assembly
shall embrace but one subject and
that shall be described in it's title"
This declaration of the organic law
has been before the Court of Appeals