CONSTITUTION OF MARYLAND.

84 Md. 256 (dissenting opinion) ; Queen Anne's County v. Talbot County,
108 Md. 197.

The purpose of this-nrticle is to parcel out and separate the powers of
government, and to confide particular classes of them to particular branches
of the supreme authority. This article referred to in upholding the power
of the general assembly to pass an act of divorce. Wright v. Wright's
Lessee, 2 Md. 452 (decided prior to the constitution of 1867—see article 3,
section 33, thereof). And see McCrea v. Roberts, 89 Md. 251.

This article is not to be interpreted as enjoining a complete separation
between the departments. The bill of rights and the constitution are
to be construed together and in case of conflict the latter prevails. Design
of this article. The power of appointing officers may be exercised by the
legislature if given to it by law. Baltimore police bill, upheld. Baltimore
v. State, 15 Md. 377. And see Hooper v. Creager, 84 Md. 256 (dissenting
opinion).

The state may delegate the police power to subordinate boards and com-
missions, and the reasonable and just exercise by them of the delegated
power will be upheld. State v. Loden, 117 Md. 376; Downes v. Swann,
111 Md. 61.

If the legislature could finally pass on the validity of acts of assembly,
this article would be defeated; the courts must pass on such validity. The
legislature is subject only to such restrictions and limitations as are pre-
scribed by the bill of rights and form of government and the constitution
of the United States. The act of 1801, chapter 74, relating to the admin-
istration of justice, etc., held valid. Whittington v. Polk, 1 H. & J. 242.
And see Crane v. Meginnis, 1 G. & J. 472.

The judiciary.

A statute requiring judges to approve certain accounts which have refer-
ence to the fees prescribed by article 36 of the code, held to violate this
article; hence so much of said statute as prohibited the payment of such
fees without the approval of the judges was nugatory. The mere fact
that a judge is called on by a statute to execute a certain function does
not make that function a judicial one; its character is dependent upon its
qualities. Eobey v. Prince George's County, 92 Md. 163. And see Board
of Supervisors v. Todd, 97 Md. 263.

Where a public service commission has hearings upon the rates of a
public utilities corporation and subsequently promulgates the rates which
such company may charge, such act is legislative and not judicial; the
nature of the final act determines the nature of the previous inquiry.
Order of public service commission held not to violate this article. Gregg
v. Public Service Commission, 121 Md. 28.

The act of 1896, chapter 195, providing that whenever one-half of the
registered voters of Wicomico county, or of any district thereof, petition
the circuit court for a vote on the granting vcl non of liquor licenses, the
court should order an election, held void under this article. History of this
article. Board of Supervisors v. Todd, 97 Md. 262.

The act of 1894, chapter 6, providing that if an objection were filed to
an application for a liquor license in Carroll county, the judge of the
circuit court should determine whether the license should issue, held not
to violate this article. McCrea v. Eoberts, 89 Md. 251.

No rule of court can transfer to commissioners to take testimony,
appointed by the courts under an act of assembly, powers intended by
the legislature to be exclusively exercised by the courts themselves. Mitch-
ell v. Mitchell, 1 Gill, 83.

The act of 1901, chapter 15, providing for the appointment by the judges
of the. fifth circuit of visitors to the jail in Anne Arundel county, held void
under this article. Beasley v. Bidout, 94 Md. 658. And see Board of
Supervisors v. Todd, 97 Md. 263.

The act of 1902, chapter 455, transferring the control of the courthouse
of Prince George's county from the county commissioners to the court
crier, held void under this article. Prince George's County v. Mitchell,
97 Md. 337.