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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 59   View pdf image (33K)
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DECLARATION OF RIGHTS. 59

For a discussion of the meaning of " Due process of law, " as used in the 14th
amendment to the Constitution of the United States, see Hurtado v. California,
110 U. S. 516.

Police power.

The act of 1898, ch. 306—see art. 58, sec. 24, et seq., of the An. Code—creating a
state live stock sanitary board and charging it with various duties looking to the
prevention of the spread of contagious diseases amongst live stock, held not to
violate this article. Nature and extent of the police power. State v. Broadbelt,
89 Md. 574. And see Creaghan v. Baltimore, 132 Md. 456 (upholding milk ordi-
nance); State v. Knowles, 90 Md. 657; Scholle v. State, 90 Md. 741.

The act of 1910, ch. 153, as amended by act of 1912, ch. 445, creating a fund for
the relief of coal and clay mine employees in Allegany and Garrett counties and
their dependents, held not to violate this article or art. 3, sec. 40, of the Md. Con-
stitution. These provisions do not restrain the reasonable exercise of police power;
purpose of these provisions. American Coal Co. v. Allegany County, 128 Md. 572.
The act of 1910, ch. 94, providing that eight hours should constitute a day's
work for all laborers, etc., in the employ of the city of Baltimore, except under
certain conditions and subject to certain provisos, held constitutional; the fact that
the law applies only to Baltimore city does not render it invalid. Sweeten v. State,
122 Md. 637.

The act of 1886, ch. 439, requiring plumbers to secure certificates of competency,
held not to violate this article. Nature and extent of the police power. Singer v.
State, 72 Md. 465. And see State v. Loden, 117 Md. 379; State v. Knowles, 90 Md.
657; Scholle v. State, 90 Md. 741.

The act of 1896, ch. 378—see art. 32, sec. 4, of the An. Code—requiring dentists
to pass an examination, register, etc., but permitting graduates of colleges to register
without examination, held not to grant arbitrary power or create an arbitrary classi-
fication, and hence not to violate this article. State v. Knowles, 90 Md. 653. And
see Scholle v. State, 90 Md. 741.

So much of the act of 1890, ch. 513, as provided for the forfeiture of property of
unknown owners upon their failure to produce evidence of their title, held in con-
flict with this article. Scharf v. Tasker, 73 Md. 382.

The registry act of 1865, ch. 174, disfranchising those who had been in the Con-
federate army and requiring a test oath, held not to be in violation of this article—
see note to art. 1, sec. 1, of the Md. Constitution. Anderson v. Baker, 23 Md. 612,
585, 590 and 573.

The act of 1910, ch. 211, requiring corporations or individuals engaged in mining
coal or fire clay in Garrett county to pay employees twice a month, held to be void
because it creates an arbitrary classification and is not justified by the police power.
Nature and extent of the police power. Cases reviewed. State v. Potomac Coal Co.,
116 Md. 395.

The act of 1902, ch. 160, sec. 8, as amended by the acts of 1904, ch. 389, and 1908,
ch. 496, providing that undertakers shall be skillful embalmers, held to violate this
article, since it has no relation to the police power. State v. Rice, 115 Md. 327.

The act of 1910, ch. 693, regulating moving picture machines in Baltimore city,
held not to violate this article. The act of 1910, held not to discriminate between
moving picture operators, but to include all classes. The police power may be dele-
gated to subordinate boards and commissions. State v. Loden, 117 Md. 379.

This article does not abridge the power of the state to pass laws for the safety
and welfare of its people. Nature and extent of the " police power. " Deems v.
Baltimore, 80 Md. 173; Spriggs v. Garrett County Park, 89 Md. 411; McAllister v.
State, 72 Md. 390; Wright v. State, 88 Md. 439; State v. Gurry, 121 Md. 541.

Ordinance No. 692 of the mayor and city council of Baltimore, providing for the
segregation of white and colored people, held invalid because it ignored all vested
rights which existed at the time of its passage. Terms of ordinance criticised. The
mayor and city council of Baltimore has power by ordinance to segregate the white
and colored people. Nature and extent of the " police power. " Cases reviewed.
State v. Gurry, 121 Md. 540.

Taxation.

The act of 1912, ch. 688, known as the " Special Paving Tax " act for Baltimore
city, held not to violate this article. The constitutionality of the act of 1912 is not
affected by, the fact that the proceeds of the paving tax go into a fund not raised
to pay for improvements specifically benefiting the property assessed. Where the

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 59   View pdf image (33K)
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