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Proceedings and Acts of the General Assembly, 1872
Volume 190, Page 2315   View pdf image (33K)
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708 JOURNAL OF PROCEEDINGS [Mar. 29,
Hon. J. Thompson Mason having appeared and delivered
a communication from his Excellency, Governor Whyte,
On motion by Mr. Fields,
The Senate proceeded to Executive Session.
The Hon. J. Thompson Mason appeared and delivered the
bill relating to Hancock, in Washington county, with the
Governor's objections thereto:
EXECUTIVE DEPARTMENT,
Annapolis, March 29, 1872.
To the Senate :
I respectfully return, without my signature, to the Senate,
in which House it originated, a bill entitled " An Act to re-
peal section one hundred and sixty-one, of Article twenty-
one, of the Public Local Laws, titled ' Washington County,'
sub-titled ' Hancock,' and to re-enact the same with amend-
ments, and to add sub sections."
This Act vests in the Burgess of the town of Hancock ju-
dicial power to act as a Justice of the Peace, which is incon-
sistent with and contrary to the provisions of the Constitu-
tion.
Section 1 of Article IV. of the Constitution defines the
officers in whom the judicial power of the State is lodged, and
among them Justices of the Peace are included. The manner
of their selection is also provided for, and the Legislature
has no power either to elect a Justice of the Peace or to vest
his power and judicial authority in any other officer of their
creation.
The decision of the Court of Appeals, in the case of the
Mayor and City Council of Hagerstown vs. Deckert, 32
Maryland Reports, 383, settles this question. I am, there-
fore, compelled to return this bill without my approval, that
it may have the more mature consideration of the General
Assembly.
WM. PINKNEY WHYTE.
The consideration of which,
On motion by Mr. Claggett,
Was postponed.
On motion by Mr. Tuck, it was
Ordered, That the Night Sessions shall not be confined to
local or private bills, but any business may be considered and
passed upon.
The Clerk of the House of Delegates appeared and delivered
the following bills :
The House bill entitled an Act to direct the Northern Cen-
tral Railway Company to station flagmen at certain crossings.

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Proceedings and Acts of the General Assembly, 1872
Volume 190, Page 2315   View pdf image (33K)
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