40 CONSTITUTION OF MARYLAND [Art. 23].
When a person accused of crime by a sufficient indictment is subjected, like all other
persons, to the law in its regular course, this article is not violated. Object of this
article. Lanasa v. State, 109 Md. 610.
Articles which are designed to be used in violation of the criminal law and which can
be used for no legitimate purpose, may be seized by the police, and this article is not
thereby violated. Replevin dismissed. Board of Police Commissioners v. Wagner,
93 Md. 191.
The fact that special license fees are charged professional chauffeurs does not de-
prive such chauffeurs of their property without due process of law. Ruggles v. State,
120 Md. 562.
The words "judgment of his peers" mean a trial by jury, and the words "by the law
of the land" (copied from Magna Charta) mean due process of law according to the
course and process of the common law. This article referred to in upholding the
power of the legislature to grant a divorce. Wright v. Wright's Lessee, 2 Md.: 452
(decided prior to the Constitution of 1867—see art. 3, sec. 33, thereof).
Sec. 206 of art. 23 of the An. Code, held not to be in violation of this article. Meaning
of the phrase "Law of the Land"; it is equivalent to the words "Due process of law"
as used in the United States Constitution. Baltimore Belt R. R. Co. v. Baltzell, 75
Md. 99.
Meaning of the words "judgment of his peers, or by the law of the land. " This
article referred to in construing art. 17—see notes thereto. Grove v. Todd, 41 Md. 641.
For a discussion of the meaning of "Due process of law, " as used in the 14th amend-
ment 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 ordinance); 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. Constitution.
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 con-
ditions: and subject to certain provisos, held constitutional; the fact that the law ap-
plies 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 conflict
with this article. Scharf v. Tasker, 73 Md. 382.
The registry act of 1865, ch. 174, disfranchising those who had been in the Confederate
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. Balti-
more, 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
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