12 CONSTITUTION OF MARYLAND.

A seat on the Baltimore stock exchange is not "property" within the
meaning of this article, and hence is not taxable. Baltimore v. Johnson,
9G Md. 738.

Compulsory labor of persons residing in a county for the purpose of
keeping the roads in repair, with the privilege of providing a substitute or
the payment of a sum in lieu thereof, is not "a levy of taxes by the poll"
within the meaning of this article. History of this article. Short v. State,
80 Md. 398.

The clause in the act of 1880, chapter 444 (repealing a certain portion of
the collateral inheritance tax law), providing that the act should apply to
all cases of the particular collateral inheritance tax repealed, "heretofore
claimed of, but not actually paid," etc., held not to violate this article.
See article 81, section 120, et seq., of the Annotated Code. Montague v.
State, 54 Md. 488.

The only express prohibition in the United States constitution on the
taxing power of the state is that the states are prohibited (article 1, section
10), save with the consent of congress, from laying any imposts or duties
on imports or exports and from imposing any duty on tonnage. Howell v.
State, 3 Gill, 25.

This article referred to in deciding that the county commissioners of
Garrett county had authority to authorize the plaintiff to compile abstracts
of title of unassessed lauds in the county, and that the plaintiff was entitled
to compensation therefor. Tasker v. Garrett County, 82 Md. 153.

This article referred to in construing article 3, section 51, of the Mary-
land constitution—see notes thereto. Hopkins v. Baker, 78 Md. 370.

Cited but not construed in Foote v. Claggett, 116 Md. 232; Franklin v.
State, 12 Md. 246.

See article 3, section 51, of the Maryland constitution.

Art. 16. That sanguinary Laws ought to be avoided as far as it is
consistent with the safety of the State; and no Law to inflict cruel and
unusual pains and penalties ought to be made in any case, or at any
time, hereafter.

A sentence of ten years in the penitentiary for placing a bomb, which
explodes, in a dwelling house is not open to constitutional objection.
Lsuiasa v. State, 109 Md. 630.

A sentence "to be whipped seven lashes" is not "a cruel and unusual"
penalty within the meaning of this article. See article 25 and notes. Foote
v. State, 59 Md. 266.

Tills article referred to in construing the words "cruel and unusual pun-
ishment" in the eighth amendment of the constitution of the United States.
Weems v. United States, 217 U. S. 393 (dissenting opinion).
See article 25 and notes.

Art. 17. That retrospective Laws, punishing acts committed before
the existence of such Laws, and by them only declared criminal are
oppressive, unjust and incompatible with liberty; wherefore, no ex post
facto Law ought to be made; nor any retrospective oath or restriction
foe imposed or required.

Ex post facto laws.

This article by its terms is confined to retrospective criminal laws, mean-
ing eat post facto laws. The act of 1845. chapter 352, regulating the plea
of usury—see article 49, section 5—held valid. Where a statute is open to
the interpretation, it will be construed to operate prospectively. Baugher
T. Nelson, 9 Gill, 303; Wilson v. Hardesty. 1 Md. Ch. 66; Hagerstown v.
Sebner, 37 Md. 198. And see Grove v. Todd, 41 Md. 644.

The act of 1894, chapter 108, repealing and re-enacting article 12, sections
2 and 5. of the -code of 1888. title "Bastardy." held not to violate this
article. Every law that changes a punishment and inflicts a greater punish-