PHILLIPS LEE GOLDSBOROUGH, GOVERNOR. 133

WHEREAS, The said oyster packers, or nearly all of them, upon
notice of impending legal process, still declined to pay said
tax, and said Dallam caused to be made and executed, under
the provisions of said Chapter 735, distraint warrants against
the said D. E. Foote and Company and others and proceeded
to have the distraints levied upon their properties, and the
said D. E. Foote and Company and others filed in the Cir-
cuit Court of Baltimore City their bill of complaint for an
injunction alleging the unconstitutionality and invalidity of
said act, and the said cause was tried and the said court sus-
tained the said act and dismissed the said bill of complaint,
with costs, and the said Foot and Company appealed the said
cause and the said Dallam appeared and filed a brief, and
argued the cause in the Court of Appeals of Maryland, but
the Court of Appeals decided the act, said Chapter 735, to
be repugnant to clause 3 of section 8 of Article 1 of the Con-
stitution of the United States; and,

WHEREAS, The comptroller, many other packers having, on
account of said litigation, declined to pay, placed in the
hands of said Dallam many other claims, amended in amount
to one cent per bushel, under the provisions of said Chapter
413, and instructed him to proceed legally to collect the same
and the. said Dallam gave notices of intended distraints,
whereupon the said D. E. Foote and Company and others
filed their bill of complaint for an injunction in the Circuit
Court of Baltimore City against the comptroller and alleged
that said Chapter 413 was unconstitutional and void as in
conflict with and repugnant to, various provisions of the Con-
stitution of the United States and the State of Maryland, and
the said Dallam tried the said cause in the Circuit Court of
Baltimore City and the Court sustained the said act and dis-
missed the said bill of complaint, with costs, and the said
D. E. Foote and Company and others, appealed the said
cause, and the said Dallam appeared, filed a brief, and argued
the said cause in the Court of Appeals of Maryland and that
Court affirmed the decision of the Circuit Court, and sus-
tained the validity and legality of said Chapter 413; and,