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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 18   View pdf image (33K)
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18 CONSTITUTION OF MARYLAND.

Police power.

The act of 1898, chapter 306—see article 58, section 20, et seq., of the
Annotated Code—creating a state live stock sanitary board and charging
it with various duties looking to the prevention of the spread of con-
tagious diseases amongst live stock, held not to violate this article. Nature
and extent of the police power. State v. Broadbelt, 89 Md. 574. And see
State v. Knowles, 90 Md. 657; Scholle v. State, 90 Md. 741.

The act of 1886, chapter 439, requiring plumbers to secure certificates
of competency, held not to violate this article. Nature and extent of the
police power. Singer v. State, 72 Md. 465. And see State v. Loden, 117
Md. 379; State v. Knowles, 90 Md. 657; Scholle v. State, 90 Md. 741.

The act of 1896. chapter 378—see article 32, section 4, of the Annotated
Code—requiring dentists to pass an examination, register, etc., but per-
mitting graduates of colleges to register without examination, held not to
grant arbitrary power or create an arbitrary classification, and hence not
to violate this article. State v. Knowles, 90 Md. 653. And see Scholle v.
State, 90 Md. 741.

So much of the act of 1890, chapter 513, as provided for the forfeiture
of the property of unknown owners upon their failure to produce evidence
of their title, held in conflict with this article. Scharf v. Tasker, 73 Md.
382.

The registry act of 1865, chapter 174, disfranchising those who had been
in the Confederate army and requiring a test oath, held not to be in vio-
lation of. this article—see note to article I, section 1. of the Md. con-
stitution. Anderson v. Baker, 23 Md. 612, 585, 590 and 573.

The act of 1910, chapter 211, requiring corporations or individuals
engaged in mining coal or fire clay in Garrett county to pay their em-
ployees twice a month, held to be void because it creates an arbitrary
classification and is not justified by the police power. Nature and extent
of the police power. Oases reviewed. State v. Potomac Coal Co., 116
Md. 395.

The act of 1902, chapter 160, section 8, as amended by the acts of 1904,
chapter 380, and 1908, chapter 496—see footnote on page 1150 of volume
one of the Annotated Code—providing that undertakers shall be skillful
embalmers, held to violate this article, since it has no relation to the police
power. State v. Rice, 115 Md. 327.

The act of 1910, chapter 693, regulating moving picture machines in
Baltimore city, held not to violate this article. The act of 1910, held not to
discriminate between moving picture operators, but to include all classes.
The police power may be delegated to subordinate boards and commis-
sions. State v. Loden, 117 Md. 379.

This article does not abridge the power of the state to pass laws for
the safety and welfare of its people. Nature and extent of the "police
power." Deems v. Baltimore, 80 Md. 173; Spriggs v. Garrett County Park,
89 Md. 411; McAllister v. State, 72 Md. 390; Wright v. State, 88 Md. 439;
State v. Gurry, 121 Md. 541.

Ordinance No. 692 of the mayor and city council of Baltimore, providing
for the segregation of white and colored people, held invalid because it
ignored all vested rights which existed at the time of its passage. Terms
of ordinance criticised. The mayor and city council of Baltimore has the
power by ordinance to segregate the white and colored people. Nature
and extent of the "police power." Cases reviewed. State v. Gurry. 121
Md. 540.

Taxation.

The act of 1912, chapter 688, known as the "Special Paving Tax" act
for Baltimore city; held not to violate this article. The constitutionality
of the act of 1912 is not affected by the fact that the proceeds of the pav-
ing tax go into a fund not raised to pay for improvements specifically
benefiting the property assessed. Where the legislature fixes the amount
of the tax, no notice is necessary, and in the absence of clear evidence
that the tax is arbitrary or oppressive, the legislative action is conclusive
upon the courts. Leser v. Wagner, 120 Md. 673.

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 18   View pdf image (33K)
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