ART. III] LEGISLATIVE DEPARTMENT. 67

to pay therefor, held to be within the meaning of this section. The above
act having been approved by the Governor ou the first of April, 1872, the
election should have been held on the fourth Monday of April, 1873, and
not in 1872. Intent of this section. The "months" referred to in this
section are calendar aud not lunar months, and the direction that the act
"shall be published for two months," held mandatory and not directory
merely. Baltimore, etc., R. Co. v. Pumphrey, 74 Md. 106.

The act of 1890, chapter 150, authorizing the county commissioners of
Talbot county to subscribe to the capital stock of the Baltimore and East-
ern Shore Railroad Company became invalid because not published as
required by this section. The object of this section was not to extend the
power of taxation, but it is a limitation of legislative power and of the
power of the local authority. Counties have no inherent power of taxa-
tion ; what power they exercise must be delegated to them by the legisla-
ture. The act of 1802, chapter 295, authorizing the county commissioners
of Talbot county to issue and sell bonds and first pay out of the proceeds
all proper claims held by residents of Talbot county against a certain
railroad company, etc., held void—see notes to article 15 of the declaration
of rights. Baltimore & Eastern Shore R. Co. v. Spring, 80 Md. 514.

This section referred to in construing article 3, section 34—see notes
thereto. Bonsai v. Yellott, 100 Md. 503.

Sec. 55. The General Assembly shall pass no law suspending the
privilege of the Writ of Habeas Corpus.

What constitutes the privilege of the writ—whether it be the right to it
as defined by law at the adoption of the constitution, or whether it be
according to the pleasure of any subsequent legislature, however restricted
that privilege might be—not passed on. State v. Glenn, 54 Md. 595.

See notes to article 4, section 14.

See article 42 of the Annotated Code.

Sec. 56. The General Assembly shall have power to pass all such
Laws as may be necessary and proper for carrying into execution the
powers vested by this Constitution, in any Department or office of the
Government, and the duties imposed upon them thereby.

Although under the constitution and existing laws, the Governor has
jurisdiction to hear and decide the case of a contested election for the
office of attorney-general, yet until the legislature clothed him with the
authority and gave him the means and instrumentalities of exercising such
jurisdiction as it was authorized to do by this section, the Governor had
no power to examine and decide the questions raised by such contests.
Implied powers denied. Cull v. Wheltle, 114 Md. 86; Groomed. Gwinn, 43
Md. 572.

Sec. 57. The Legal rate of Interest shall be six per cent, per annum,
unless otherwise provided by the General Assembly.

The legislature has no power by a special law to authorize a certain
class of corporations to loan money at a higher rate of interest than is
provided in this section and by the general law of the state. Citizens
Security Co. v. Uhler, 48 Md. 459 (cf. dissenting opinion). And see Bir-
mingham v. Md. Homestead Assn., 45 Md. 543.

This section does not of itself make void in whole a contract calling for
the payment of more than six per cent, interest; it merely fixes the legal
rate. It is for the legislature to make the contract void in whole or in
part. How the constitution should be construed. Bandel v. Isaac, 13 Md.
.218 (based on the constitution of 1851). And see Scott v. Leary,. 34 Md.
389.