LEGISLATIVE DEPARTMENT. 109

House of Delegates in the newspapers published in such County, and shall
also he approved by a majority of all the members elected to each House
of the General Assembly, at its next session after said election.

The act of 1872, ch. 245, authorizing the county commissioners of Anne Arundel
county to subscribe for a certain amount of stock of the Baltimore and Drum Point
Railroad Company, and to issue coupon bonds to pay therefor, held to be within the
meaning of this section. The above act having been approved by the Governor on
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 and 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, ch. 150, authorizing the county commissioners of Talbot county to
subscribe to the capital stock of the Baltimore and Eastern 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
taxation; what power they exercise must be delegated to them by the legislature.
The act of 1892, ch. 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 art. 15 of the Declaration of Rights. Baltimore & Eastern Shore R. Co. v.
Spring, 80 Md. 514.

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

See notes to art. 43, sec. 334, An. Code.

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 de-
fined 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. Glcnn, 54 Md. 595.

See art. 42 of the An. Code and notes to art. 4, sec. 14 (Constitution).

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
bv such contests. Implied powers denied. Cull v. Wheltle, 114 Md. 86; Groome v
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 Birmingham v. Md. Homestead Assn., 45 Md.
543.

This section does not of itself make void in whole a contract calling for the pay-
ment 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.