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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 30   View pdf image (33K)
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30 CONSTITUTION OF MARYLAND [Arts. 8-15]

the granting vel 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, ch. 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. Roberts,
89 Md. 251; Close v. So. Md. Agri. Assn., 134 Md. 636.

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 ex-
clusively exercised by the courts themselves. Mitchell v. Mitchell, 1 Gill, 83.

The act of 1901, ch. 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. Ridout, 94 Md. 658. And see Board of Supervisors v. Todd, 97 Md. 263;
Close v. So. Md. Agri. Assn., 134 Md. 639.

The act of 1902, ch. 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; Close v. So. Md. Agri.
Assn., 134 Md. 639.

Services performed by the chief judge of the third judicial district, as chancellor,
under certain acts of assembly, held to be of a strictly judicial character. State
v. Chase, 5 H. & J. 304. And see Board of Supervisors v. Todd, 97 Md. 263; McCrea
v. Roberts, 89 Md. 251.

The judiciary may not compel action on the part of a co-ordinate branch of the
government; its authority is confined to restraining the potency of enactments when
they transcend constitutional limits. Watkins v. Watkins, 2 Md. 356.

Generally.

This article referred to in refusing a mandamus directing the Governor to count
certain votes and to exclude certain other votes for and against the adoption of the
Constitution. Miles v. Bradford, 22 Md. 183.

This article referred to in construing art. 4, secs. 11, 12 and 13, of the Maryland
Constitution—see notes to sec. 12. Magruder v. Swann, 25 Md. 207.

This article referred to in construing art. 7, sec. 1 (as it stood in the Constitution
of 1851). Board of Commissioners, etc., v. Allegany County, 20 Md. 459.

Act 1927, ch. 224 (see art. 5, sec. 12, of Code), valid and not inconsistent with rules
of court. Savage Mfg. Co. v. Magne, 154 Md. 54.

This article cited in dissenting opinion in In re Rickell's Estate, 158 Md. 664.

See art. 2, sec. 17, and notes to art. 4, secs. 1 and 14, Md. Constitution.

Art. 9. That no power of suspending Laws or the execution of Laws,
unless by, or derived from the Legislature, ought to be exercised, or
allowed.

Art. 10. That freedom of speech and debate, or proceedings in the
Legislature, ought not to be impeached in any Court of Judicature.

Art. 11. That Annapolis be the place of meeting of the Legislature;
and the Legislature ought not to be convened, or held at any other place
but from evident necessity.

Art. 12. That for redress of grievances, and for amending, strength-
ening and for preserving the laws, the Legislature ought to be frequently
convened.

Art. 13. That every man hath a right to petition the Legislature for
the redress of grievances in a peaceful and orderly manner.

Art. 14. That no aid, charge, tax, burthen or fees ought to be rated,
or levied, under any pretence, without the consent of the Legislature.

The question of what rights in general the state roads commission can exercise over
corporations using the state highways in carrying out their corporate purposes, mooted
but not decided. State Roads Commission v. Postal Tel. Co., 123 Md. 75.

This article referred to in construing art. 15 of Declaration of Rights—see notes
thereto. State v. C. & P. R. R. Co., 40 Md. 63 (dissenting opinion).

Art. 15. That the levying of taxes by the poll is grievous and oppres-
sive and ought to be prohibited; that paupers ought not to be assessed for
the support of the Government; that the General Assembly shall, by
uniform rules, provide for separate assessment of land and classification
and sub-classifications of improvements on land and personal property,
as it may deem proper; and all taxes thereafter provided to be levied by


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 30   View pdf image (33K)
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