[Art. 3] LEGISLATIVE DEPARTMENT 89

manner affect the provisions of Section 34 of Article III of the Consti-
tution or of any laws heretofore or hereafter passed in pursuance thereof,
or be construed as preventing the Governor from calling extraordinary
sessions of the Legislature, as provided by Section 16 of Article II, or as
preventing the Legislature at such extraordinary sessions from considering
any emergency appropriation or appropriations.

If any item of any appropriation bill passed under the provisions of this
Section shall be held invalid upon any ground, such invalidity shall not
affect the legality of the Bill or of any other item of such Bill or Bills. ¹

This section referred to in holding that judges' salaries are not subject to State
income tax imposed by 1937 Sp. Sess., ch. 11 Gordy v. Dennis, 176 Md. 124.

This section referred to in construing art. 3, sec. 32—see notes thereto. McPherson v.
Leonard, 29 Md. 390. (And see discussion of this section in dissenting opinion. )

Act 1924, ch. 576, providing that monies received by treasurer from officials, of Balti-
more City should be used to pay deficiencies between collection and expenses of said
officers, invalid, notwithstanding art. 15, sec. 1, of Constitution. Budget Bill of 1924
construed. Act 1924 also invalid under art. 5, sec_ 9, and art. 3, sec. 45, of Constitution.
Where two parts of act, one of which is unconstitutional, are essentially connected in
substance, both are invalid. Baltimore v. O'Connor, 147 Md. 641.

This section referred to in construing Home Rule Amendment—see notes to art. 11 A,
sec. 1, of Constitution. Gaither v. Jackson, 147 Md. 664.

This section does not preclude introduction of another appropriation bill before final
action on Budget Bill; purpose of section to prevent submission of another appropria-
tion bill to a vote before such final action. Bickel v. Nice, 173 Md. 1.

See notes to Code, art. 56, sec. 302. And see art. 88A, sec. 17.

Sec. 53. No person shall be incompetent, as a witness, on account of
race or color, unless hereafter so declared by Act of the General Assembly.

See art. 35 of the An. Code.

Sec. 54. No County of this State shall contract any debt, or obligation,
in the construction of any Railroad, Canal, or other Work of Internal
Improvement nor give, or loan its credit to or in aid of any association, or
corporation, unless authorized by an Act of the General Assembly, which
shall be published for two months before the next election for members of
the House of Delegates in the newspapers published in such County, and
shall also be approved by a majority of all the members elected to each
House of the General Assembly, at its next session after said election.

The act of 1872, ch. 245, authorizing the county commissioners of Anne Arundel
county to subscribe for a certain amount of stock of the Baltimore and Drum Point
Railroad Company, and to issue coupon bonds to pay therefor, held to be within the
meaning of this section The above act having been approved by the Governor on
the first of April, 1872, the election should have been held on the fourth Monday of
April, 1873. and not in 1872. Intent of this section. The "months" referred to in this
section are calendar and not lunar months, and the direction that the act "shall be
published for two months, " held mandatory and not directory merely. Baltimore, etc.,
R. Co. v. Pumphrey, 74 Md. 106.

The act of 1890, ch. 150, authorizing the county commissioners of Talbot county to
subscribe to the capital stock of the Baltimore and Eastern Shore Railroad Company
became invalid because not published as required by this section. The object of this
section was not to extend the power of taxation, but it is a limitation of legislative
power and of the power of the local authority. Counties have no inherent power of
taxation; what power they exercise must be delegated to them by the legislature.
The act of 1892, ch. 295, authorizing the county commissioners of Talbot county to
issue and sell bonds and first pay out of the proceeds all proper claims held by
residents of Talbot county against a certain railroad company, etc., held void—see
notes to art. 15 of the Declaration of Rights. Baltimore & Eastern Shore R Co v
Spring, 80 Md. 514.

This section referred to in construing art. 3, sec. 34—see notes thereto. Bonsai v
Yellott, 100 Md. 503.

See notes to art. 43, sec. 378, An. Code.

¹ Thus amended by the act of 1916, ch. 159, ratified November 7, 1916.