1867.] OF THE HOUSE OF DELEGATES. 207

Presented the petition of Joseph Baugher, and others, to
amend the Act of 1864, chapter 247.

Mr. Shipley presented a memorial of 42 citizens of
Anne Arundel and Howard counties, protesting against the
removal of the Western Hay Scales in the city pt Baltimore,
and praying the erection of new Scales near Columbia st., in
the South-western part of said city.

Which was referred to the Select Committee on May Scales.
On motion of Mr. Appleman,

Ordered, That it be entered upon the journal that Mr.
Hoffhine, is absent from his seat on account of illness in his
family.

Mr. Smith submitted the following resolution in relation
to the City Council of Baltimore:

A RESOLUTION, To authorize the Garernor to employ
counsel to prevent the Mayor and City Council of Balti-
more resisting the authority of this General Assembly,
in the matter of the municipal election, to take place
oa the first Wednesday in February, 1867.

WHEREAS, it has been represented to this General Assem-
bly that the Mayor and City Council of Baltimore, by ordin-
ance, have determined to resist the action of the General As-
sembly ordering an election of Mayor and City Council to be
held on the first Wednesday of February, 1867, and that
with that view, they have appropriated the sum of $20,000
to pay counsel and conduct such litigation as may he the con-
sequence of their action in the premises; And whereas this
General Assembly, regarding the said Mayor and City Coun-
cil as a cbrporation created for municipal purposes only, and
existing only by the will of the people of Maryland, (expres-
sed through their Representatives in the General Assembly,
as has been determined by the Court of the highest resort of this
State,) look upon the said proceedings, on the part of paid
Mayor and City Council, as unauthorized, illegal and subver-
sive of that subordination that should exist between the su-
preme power of the State and all creations for merely muni-
cipal purposes; And whereas, were the General Assembly to
remain quiet in view of the action of the said Mayor and
City Council, it might properly be construed as acquiescing
in an unjustifiable resistence to its authority. Therefore be
it

Resolved, by the General Assembly of Maryland, That the
Governor of this State be, and he is hereby authorized and re-
quested, to employ such counsel as he may select, to take all
such measures as may be deemed expedient to prevent the ap-
plication, by the said Mayor and City Council, of the money
of the people of Baltimore, for the purpose if resisting the