114 CONSTITUTION OF MARYLAND. [ART. XIII

property of any of the internal improvement companies of the state; such
power rests with the legislature alone. The act of 1878, chapter 58, and
the mortgage made under it, so far as they pledge the tolls and revenues
of the company, held valid. Design of this section. Brown v. C. & O.
Canal Co., 73 Md. 579 and 603.

This section referred to in construing article 3, section 34—see notes
thereto. Bonsai v. Yellott, 100 Md. 505.

ARTICLE XIII.

NEW COUNTIES.

Section 1. The General Assembly may provide, by Law, for organ-
izing new Counties, locating and removing county seats, and changing
county lines; but no new county shall be organized without the consent
of the majority of the legal voters residing within the limits proposed
to be formed into said new county; and whenever a new county shall be
proposed to be formed out of portions of two or more counties, the con-
sent of a majority of the legal voters of such part of each of said coun-
ties, respectively, shall be required; nor shall the lines of any county
be changed without the consent of a majority of the legal voters resid-
ing within the district, which, under said proposed change, would form
a part of a county different from that to which it belonged prior to said
change; and no new county shall contain less than four hundred square
miles, nor less than ten thousand white inhabitants; nor shall any
change be made in the limits of any county, whereby the population of
said county would be reduced to less than ten thousand white inhabi-
tants, or its territory reduced to less than four hundred square miles.

Counties and cities are but political divisions of the state, and the
legislature may itself levy needful taxes for local purposes, or it may
delegate such power to the local authorities. The act of 1888, chapter 98,
extending the limits of Baltimore City, held not to violate this section.
The legislature may extend the limits of Baltimore City by including therein
parts of Baltimore county with or without the consent of a majority of the
voters residing within the districts annexed. Daly v. Morgan, 69 Md. 464
(cf. concurring and dissenting opinions.)

Garrett county was organized under the act of 1872, chapter 212, passed
in pursuance of this section. This section referred to in construing article
3, section 29—see notes thereto. State y. Fox, 51 Md. 414.

The act of 1826, chapter 192, relating to mortgages in the city and
county of Baltimore, held not to have been repealed by the adoption of the
constitution of 1851. Bichelberger v. Hardesty, 15 Md. 548.

This section referred to in discussing the constitutionality of the local
option law of 1874, chapter 453. Relation of the counties to the state.
Fell v. State, 42 Md. 100 (dissenting opinion).

The acts of 1838, chapter 205, and 1845, chapter 176, extending the time
of notice of the filing of a mechanics lien claim, and the act of 1845,
chapter 346, extending the first mentioned acts to Howard district, held
under this section and article 5 of the declaration of rights (as they stood
in the constitution of 1851) to have been extended to Howard county. Pue
v. Hetzell, 16 Md. 539. And see State v. Manly, 1 Md. 139...

Sec. 2. At the election to be held for the adoption or rejection of
this Constitution, in each election district, in those parte of Worcester
and Somerset Counties, comprised within the following limits, viz: