Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1936-02-27

N4O4N 1OOAAC1k ~
it deals specially with matters covered
by public general law, and because
1t is unreasonable.
These in their order. A monopolv
as the term is ordinarily understood
IN constitutional law, is a privilege OF
power to command and control traffic
IN some commodity, or the operation
OF a trade or business, to the exclu.
sion of others, who, but for that pow.
er or privilege would be at liberty tc
engage therein. % L. R. A. On. WI
1850, AZ L. R. A. IN. W. 8O4, 81
L. K. A. IN. W.) S34. 1t may arise
from a grant or franchise from the
sovereign or individuals, Words and
Phrases LIST, End, Sd and 4th series
Webster New Internal. Dict, Stand
ard Dictionary, Oxford Dictionary. Al
Z. j. 80. A necessary ingredient OF
any concept of the idea implied bv
the term is the suppression of compe-
tltlon. and ordinarily it involves re-
straint of that freedom or liberty of
engaging in commerce or trade which
the citizen enjoys as of common right,
A monopoly is some thing more
than a mere privilege to carry on a
trade or business or to deal in a spe-
Gifted commodity, it is an exclusive
privilege which prevents others from
engaging therein, either generally or
IN specified place, 10 R. C. L. I.
I'm this case, the Maryland Printing
and Publishing Company is engaged
in the business of publishing a news
paper in Montgomery County, the
statute neither prevents the continu-
ed operation of its business, nor con.
fers upon any other person or persons
the exclusive privilege of operating a
similar business in that territory or
IN any part thereof. What it does do is
to prescribe conditions which in effect
make one paper ineligible as a med
ium for the publication of certain
notices by officials of Montgomery
County but which do not disqualify
another newspaper which complies
with the prescribed conditions from
acting as medium for such publica-
tons. Since there is but one paper
qualified to publish the notices, and as
the notices are required by law to be
published in newspaper, the effect
to the statute is to create a privilege.
special in the sense that no one but
that paper can enjoy it. The question
then is whether such a privilege is a
monopoly within the meaning of the
Maryland Constitution. Article IL of
the Maryland Bill of Rights declares
that "monopolies are odious, contrary
to the spirit of free government and
the principles of commerce, and ought
not to be suffered, Apart from that
declaration the instrument contains no
denunciation of special privileges, ex-
cept such as may be implied from the
form of government which it erects.
But when the democratic nature of
that government and the care and
foresight exercised in the formulation
of that instrument to safeguard. the
citizen in the enjoyment of privileges
and immunities which were regarded
as of common right, are considered, it
Is manifest that its people never in
tended that so highly important a
right as that of equality before the
law should be without protection. So
that when the meaning to be given the
word monopoly" as used in Article
Al is considered great weight is to be
given to the fact that but for that
Article the Constitution affords to the
citizen no express protection against
special and oppressive privilege.
"The word itself ordinarily connotes
a privilege connected with commerce
in commodities because, historically
it was more often used to describe a
condition which resulted from an ex-
elusive privilege to engage in such
commerce, but, it has long had a
broader meaning more in harmony
with the spirit of the Constitution,
and in determining the sense in which
it is used in that instrument, it should
be given that meaning that its gen.
eral intent may be served, rather than
thwarted or confined by any narrow or
over nice construction.
"One of the meanings given TIN
word in the Oxford Dictionary is the
Exclusive possession, control, or ex-
ercise of something" "the condition
of having no competitor in the sale of
some commodity, or in the exercise OF
some trade or business" And in
Webster's New International Diction-
airy this very comprehensive and ex-
cellent definition is found:-"The ex-
elusive right, privilege, or power OF
selling or purchasing a given COM
modify or service in given market;
exclusive control Of the supply of any
commodity or service in a given mar
ket, hence, often, in popular use, any
such control of a commodity, service
or traffic in given market as enables
the one having such control to raise
the price of a commodity or service
materially above the price fixed by
free competition.
"On the other hand, when the pub
lie derives no benefits from the priv
lege, or it is in respect to common
calling. or a matter of common right