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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 62   View pdf image (33K)
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62 CONSTITUTION OF MARY-LAND. [ART. III

Sec. 46. The General Assembly shall have power to receive from
the United States any grant or donation of land, money, or securities
for any purpose designated by the United States, and shall administer
or distribute the same according to the conditions of the said grant.

Sec. 47. The General Assembly shall make provisions for all cases
of contested elections of any of the officers, not herein provided for.

Since a statute passed in pursuance of this section provided that con-
tested elections for comptroller should be decided by the house of delegates,
and since.in this case it had been decided by the house in favor of the
appellee, an injunction restraining him from exercising the powers and
duties of comptroller was properly refused. The Governor was only enti-
tled to fill a vacancy in the office of comptroller until the party declared
to be entitled to the office should duly qualify. The constitution should
be construed as a whole. State v. Jarrett, 17 Md. 327.

In the light of this section and of the legislation adopted in pursuance
thereof, a court of equity has no jurisdiction to hear and determine a
contest in regard to an election of officers; neither has it jurisdiction by
a proceeding in the nature of quo warranto to try the title to an office,
since jurisdiction in the latter proceeding belongs to a court of law. Ham-
ilton v. Carroll, 82 Md. 338.

Sections 130 and 131 of article 33 of the Annotated Code, held to be still
in force under this section—see notes to sections 130 and 131 of article '33.
Anderson v. Levely, 58 Md. 201.

This section referred to in construing article 5, section 2. and article 4,
section 11—see notes thereto. Groome v. Gwinn, 43 Md. 628.

Sec. 48. Corporations may be formed under general Laws; but shall
not be created by special act, except for municipal purposes, and except
in cases where no general Laws exist, providing for the creation of
Corporations of the same general character, as the corporation proposed
to be created; and any act of incorporation passed in violation of this
section shall be void. And as soon as practicable, after the adoption of
this Constitution, it shall be the duty of the Governor to appoint three
persons learned in the Law, whose duty it shall be to prepare drafts of
general Laws, providing for the creation of corporations, in such cases
as may be proper, and for all other cases, where a general Law can be
made; and for revising and amending, so far as may be necessary or
expedient, the General Laws which may be in existence on the first day
of June, eighteen hundred and sixty-seven, providing for the creation
of corporations, and for other purposes; and such drafts of Laws shall
by said commissioners, be submitted to the General Assembly, at its first
meeting, for its action thereon; and each of said commissioners shall
receive a compensation of five hundred dollars for his services, as such

commissioner.

All Charters granted or adopted in pursuance of this section, and all
Charters heretofore granted and created, subject to repeal or modifica-
tion, may be altered, from time to time, or be repealed; provided,
nothing herein contained shall be construed to extend to Banks, or the
incorporation thereof.

[Sec. 48. Corporations may be formed under general laws, but
shall not be created by special act, except for municipal purposes and

except in cases where no general Laws exist, providing for the creation

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 62   View pdf image (33K)
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