1867] OF THE SENATE. 129

The corporations', as cities, towns, &c., are said to be cre-
ated by the Government for political purposes connected with
its administration, and consequently can be changed or modi-
fied at the option of the Legislature the power that created
them; this doctrine is clearly set forth and established by the
decision of the Court of Appeals, in the case of the State use
of Washington county, against the Baltimore and Ohio Rail
Road Company, in 12 Gill and Johnson's Reports, 438 to 440.
Chancellor Kent in his 2d volume of Comentaries, declar-
ing that "public corporations are such as are created by the
Government for political purposes, at counties, cities, towns,
and villages, and the whole interest in them belongs to the
public." The Court of Appeals of our State in 9 Gill and
Johnson's Report; said public corporations are to be governed
according to the laws of the land, and the government has
the sole right as trustees of the public interest, to inspect, re-
gulate, control and direct, the corporation, its powers and
franchises.

In the case of the Mayor of Baltimore, against the State
and Charles Howard and others, police commissioners, in 15
Maryland Reports, Judge Martin ia the Superior Court of
Baltimore city, referred to and adopted the principle as set-
tled in 12 Gill and Johnson, 438, and brings to his aid the
decision of the Supreme Court of the United States, in 3d
Howard's Reports, in the case of Washington county, against
the Baltimore and Ohio Rail Road, and the language of Judge
Taney, who in the delivery of the opinion of the court, said
of public corporations: "but like similar corporations in every
county in the State, it is created for the purpose of govern-
ment, and clothed with certain defined and limited powers to
enable it to perform those public duties which according to
the law and usage of the State, are always entrusted to local
county tribunals; but however chosen, their powers and duties
depend on the will of the Legislature, and are modified and
changed, and the manner of their appointments regulated at
the pleasure of the State.

In the case referred to in 15 Maryland Reports, the Court
of Appeals have given their sanction to the law as thus ex-
pounded. The next inquiry to which the attention of your
Committee was directed, was in reference to the power of the
City Council to appropriate the funds of the city to controvert
an act of the Legislature, possessing the powers heretofore
stated, as absolute and supreme.

By the charter, the City Council are authorized to make
ordinances to apply to inspections, licensing certain persons
as Pawn Brokers, &c., all having a legitimate relation to the
good government of the city, and to its internal police and
interests, all germain to the design and objects of the corpora-
tion, but your Committee have not been able to discover any

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