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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 73   View pdf image (33K)
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[Art. 3] LEGISLATIVE DEPARTMENT 73

Purpose of the portion of this section providing that no money shall be drawn from
the treasury except by an appropriation. The provision of art. 6, sec. 1, that an officer
"shall receive" a certain salary is a sufficient compliance with the above provision of
this section. Thomas v. Owens, 4 Md. 225.

This section and secs. 33 to 41, referred to in construing art. 15, sec. 1, of the Con-
stitution and the act of 1910, ch. 180 (creating the public service commission)—see
notes to the former and to art. 23, sec. 347, An. Code. Thrift v. Laird, 125 Md. 62.

This section referred to—see notes to art. 2, sec. 17, of the Md. Constitution. Nowell v.
Harrington, 122 Md. 489.

See notes to Code, art. 56, sec. 302.

Sec. 33. The General Assembly shall not pass local or special laws in any
of the following enumerated cases, viz: For extending the time for the
collection of taxes, granting divorces, changing the name of any person,
providing for the sale of real estate belonging to minors or other persons
laboring under legal disabilities, by executors, administrators, guardians
or trustees, giving effect to informal or invalid deeds or wills, refunding
money paid into the State Treasury, or releasing persons from their debts
or obligations to the State, unless recommended by the Governor or officers
of the Treasury Department. And the General Assembly shall pass no
special law for any case for which provision has been made by an existing
general law. The General Assembly, at its first session after the adoption of
this Constitution, shall pass general laws providing for the cases enumer-
ated in this section which are not already adequately provided for, and for
all other cases where a General Law can be made applicable.

Special Laws—Cases Covered by General Law.

Acts Condemned.

Act 1900, ch. 579, assessing shares of stock in corporations in Allegany county to
these corporations and exempting the share-holders from taxation thereon. The term
"general" contrasted with "special" and "local. " While the act of 1900 professed to
apply only to Allegany county, it operated in every county in the state in which any
stockholder of an Allegany county corporation resided. Baltimore v. Allegany County,
99 Md. 12.

Act 1908, ch. 398, directing a railroad company to maintain safety gates and flagmen
at two designated crossings, since art. 23, sec. 242, of the Code contains general pro-
visions prescribing the condition under which railroad companies may be required to
protect crossings by flagmen, gates, etc. A special law is one that relates to particular
persons or things of a class as distinguished from a general law which applies to all
persons or things of a class. Cases reviewed. Prince George's County v. B & O. R. R. Co.,
113 Md. 179.

In view of the P. S. C. law, so much of sec. 87 of the charter of Crisfield as at-
tempts to invest it with the power to regulate telephone rates. Intent of the legis-
lature in adopting the P. S. C. law. Distinction between special and public local acts.
Crisfield v. C. & P. Tel. Co., 131 Md. 444.

Act 1910, ch. 341, regulating rates of a water company. Westminster v. Consolidated
Public Utilities Co, 132 Md. 374.

Act. 1904, ch. 263, exempting a particular wharf owned by a church from municipal
taxation—see art. 81, sec. 7. Object of this section. Baltimore v Starr Church
106 Md. 280.

Act 1874, ch. 453, a local option law covering certain districts of certain counties.
Fell v. State, 42 Md. 116 (dissenting opinion).

Act 1924, ch. 48, exempting certain municipalities from securing approval of com-
mission for erection of electric light plant and issuance of bonds, held invalid under
portion of this section prohibiting special laws where provision made by general law.
Classification of cities for legislation. See notes to art. 23, sec. 345, of Code. Littleton v.
Hagerstown, 150 Md. 170 (cf. dissenting opinion). And see P. S. C. v. Byron, 153 Md. 484.

Acts upheld.

Ch. 70, 1937 (Art. 27, Secs. 696-706), empowering the House of Reformation to trans-
fer its property to the State, on condition that its employees be taken over, without
reference to Ment System (Art. 64A), not in violation of this section Jones v House
of Reformation, 176 Md. 43.

Act 1894, ch. 620, providing for the erection of a public school building in Annapolis,
for the issue of bonds and for the apportionment of the cost of said building between
the county and city; while the existing general law provided that the school com-
missioners of Anne Arundel county should have control and supervision of the schools
in said county with power to build, etc, houses, it did not authorize the borrowing of


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 73   View pdf image (33K)
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