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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 52   View pdf image (33K)
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52 CONSTITUTION' OF MARYLAND. [ ART. III

Sec. 32. No money shall be drawn from the Treasury of the State
by any order or resolution, nor except in accordance with an appro-
priation by law; and every such law shall distinctly specify the sum
appropriated and the object to which it shall be applied; provided that
nothing herein contained shall prevent the General Assembly from
placing a contingent fund at the disposal of the Executive, who shall
report to the General Assembly at each session the amount expended
and the purposes to which it was applied. An accurate statement of
the receipts and expenditures of the public money shall be attached to
and published with the laws after each regular .session of the General
Assembly.

Where a law provides that the warrant of the comptroller shall be
paid out of any money thereafter in the treasury not otherwise appro-
priated, and that the whole amount of said warrant shall not exceed three
hundred thousand dollars, the appropriation is sufficiently made under
this section. Object of this section. McPherson v. Leonard, 29 Md. 390
(cf. dissenting opinion).

Purpose of the portion of this section providing that no money shall
be drawn from the treasury except by an appropriation. The provision of
article 6, section 1, that an officer "shall receive" a certain salary, is a
sufficient compliance with the above provision of this section. Thomas v.
Owens, 4 Md. 225.

Sec. 33. The General Assembly shall not pass local or special laws
in any of the following enumerated cases, viz: For extending the time
for the collection of taxes, granting divorces, changing the name of any
person, providing for the sale of real estate belonging to minors or other
persons laboring under legal disabilities, by executors, administrators,
guardians or trustees, giving effect to informal or invalid deeds or
wills, refunding money paid into the State Treasury, or releasing
persons from their debts or obligations to the State, unless recommended
by the Governor or officers of the Treasury Department, And the Gen-
eral Assembly shall pass no special law for any case for which provision
has been made by an existing general law. The General Assembly, at
its first session after the adoption of this Constitution, shall pass general
laws providing for the cases enumerated in this section which are not
already adequately provided for, and for all other cases where a General
Law can be made applicable.

Acts relating to corporations.

The act of 1900, chapter 579, assessing shares of stock in corporations in
Allegany county to these corporations and exempting the share-holders
from taxation thereon, held to violate the portion of this section, providing
that no special law shall be passed in any case for which provision has
been made by an existing general law. The term "general" contrasted
with "special" and "local." While the act of 1900 professed to apply only
to Allegany county, it operated in every county in the state in which any
stockholder of an Allegany county corporation resided. Baltimore v. Alle-
gany County, 99 Md. 12.

The portion of this section providing that no special law shall be passed
for any case for which provision has been made by an existing general
law, held to have been violated by the act of 1908, chapter 398, directing
a railroad company to maintain safety gates and flagmen at two designated
crossings, since article 23, section 303, of the, code contains general pro-
visions prescribing the condition under which railroad companies may be

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 52   View pdf image (33K)
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