[Arts. 40-45] DECLARATION OF RIGHTS 4T

publish his sentiments on all subjects, being responsible for the abuse of
that privilege.

The liberty of the press guaranteed by this article is a right belonging to every-
one to publish whatever he pleases without the interference of the government, he
being alone responsible for the abuse of the privilege. The proprietor of a news-
paper is not exempt from liability for libel. Distinction between fair and legitimate
discussion of the conduct of a public man and the imputation of corrupt motives.
Action of libel; malice. Negley v. Farrow, 60 Md. 176.

This article referred to in discussing the jurisdiction of the chancellor over infante.
Corrie's case, 2 Bl. 503.

This article referred to in discussing meaning of term "citizen"—see notes to Code,
art. 25, sec. 144. Fitzwater v. Hydro-Elec. Corp., 149 Md. 466.

See notes to art. 26, sec. 4, of Code.

See art. 35, sec. 2, of the An. Code.

Art. 41. That monopolies are odious, contrary to the spirit of a free
government and the principles of commerce, and ought not to be suffered.

To constitute a monopoly there must be a grant by the state to one or several
of a sole right, that is, a right to the exclusion of all others. Art. 27, sec. 170, pro-
hibiting the sale or manufacture of oleomargarine, held valid. Wright v. State, 88
Md. 443.

Act 1868, ch. 187, incorporating the Broadway, etc., Ferry Company, and author-
izing it to use a certain wharf in common with others, held not to violate this article.
Broadway, etc., Ferry Co. v. Hankey, 31 Md. 349.

This article referred to in construing art. 3, sec. 33, of Constitution, and art. 23,
sec. 345, of Code. See notes thereto. Littleton v. Hagerstown, 150 Md. 171 (cf. dis-
senting opinion).

Cited but not construed in Parlett, etc., v. Tidewater Lines, 164 Md. 411.

This Article referred to in holding invalid Ch. 593, Acts of 1935, relative to pub-
lishing certain notices in certain limited newspapers in Montgomery County. Raney v.
Montgomery County, 170 Md. 183.

Referred to in holding Art. 83, Secs. 102-110 valid. Goldsmith v. Mead Johnson & Co.,
Daily Record, July 1, 1939.

Art. 42. That no title of nobility or hereditary honors ought to be
granted in this State.

Art. 43. That the Legislature ought to encourage the diffusion of
knowledge and virtue, the extension of a judicious system of general edu-
cation, the promotion of literature, the arts, sciences, agriculture, com-
merce and manufactures, and the general amelioration of the condition of
the people.

This article seems to have been intended to impress upon the legislature the necessity
of exercising for the public good the various powers which it possesses. This article
referred to in construing art. 8, sec. 1, of the Md. Constitution—see notes thereto. Clark
v. Md. Institute, 87 Md. 663.

Cited in dissenting opinion in Board of Education v. Wheat, 174 Md. 336.

See art. 77 of the An. Code.

Art. 44. That the provisions of the Constitution of the United States,
and of this State, apply as well in time of war as in time of peace; and
any departure therefrom, or violation thereof, under the plea of necessity,
or any other plea, is subversive of good government and tends to anarchy
and despotism.

This article referred to in construing art. 3, secs. 29 and 32, Md. Constitution—see
notes thereto. McPherson v. Leonard, 29 Md. 392 (dissenting opinion).

Cited but not construed in Kenly v. Bldg. Asso., 166 Md. 190.

This article referred to in sustaining validity of chs. 56 and 57 of Special Session of
1933, modifying certain remedies of foreclosure of mortgages. Mortgage Co. v. Matthews,
167 Md. 389.

Art. 45. This enumeration of Rights shall not be construed to impair
or deny others retained by the People.

This article referred to in holding art. 56, sec. 159, of Code, constitutional—see notes
thereto. Grossfield v. Baughman, 148 Md. 334.