[Art. 3] LEGISLATIVE DEPARTMENT 77

Sec. 3Y. The General Assembly shall pass no Law providing for payment
by this State for Slaves emancipated from servitude in this State; but they
shall adopt such measures as they may deem expedient to obtain from the
United States compensation for such Slaves, and to receive and distribute
the same equitably to the persons entitled.

The word "slaves" as used in this section cannot be applied to a free negro ap-
prenticed. Brown v. State, 23 Md. 507.

See notes to sec. 32.

Sec. 38. No person shall be imprisoned for debt.

Fact that the act of 1912, ch. 133—see art. 56, sec. 151, et seq., of the An. Code—
penalizes the operation of motor vehicles without a license by imprisonment in jail
upon default in payment of fine imposed, does not violate this section. Ruggles v. State,
120 Md. 564.

The term "debt" as used in this section means an obligation arising otherwise than
from a sentence of a court for a breach of the peace or crime. The Constitution is
to be construed according to the acceptation of those who adopted it. State v. Mace, 5
Md. 350; Ruggles v. State, 120 Md. 564. And see The Ann, 8 Fed. 925.

The act of 1872, ch. 329, providing that a defaulting tax collector shall be imprisoned
in the penitentiary, etc., "unless the amount for which he defaults be sooner paid, "
held not to violate this section. There is a broad distinction between imprisonment for
debt and for a breach of duty on the part of a public officer, although such breach may
be the neglect to pay over money received for the use of the state. State v. Nicholson,
67 Md. 3; Ruggles v. State, 120 Md. 564.

This section referred to in upholding the right of a court of equity to enjoin a suit
in another state instituted for the purpose of evading this section. Miller v. Gittings,
85 Md. 618.

The insolvent laws held not to have been abrogated by this section; an arrest for
debt was not necessary at the adoption of the Constitution of 1851, to entitle a person
to be discharged under the insolvent laws. Trail v. Snouffer, 6 Md. 316.

Cited but not construed in Rice v. Hoffman, 35 Md. 351; Buchanan v. Turner, 26
Md. 6.

Party brought into court for contempt to compel performance of money decree—not
for alimony—may not be imprisoned. Dickey v. Dickey, 154 Md. 681.

Alimony does not constitute debt within meaning of that term as used in this
section, but provision for support of children does. Decree to pay specified sum in
installments in full satisfaction of all claims by wife in accordance with agreement
of parties was not decree for alimony. Bushman v. Bushman, 157 Md. 170.

See notes to sec. 32.

Sec. 39. The books, papers and accounts of all Banks shall be open to
inspection under such regulations as may be prescribed by Law. ¹

This section referred to in deciding that under art. 23, sec. 146, of the An. Code, each
stockholder was liable for double the amount of his stock. Murphy v. Wheatley, 102
Md. 514.

This section referred to in deciding that a corporation may not buy its own shares
of stock. Md. Trust Co. v. Mechanics' Bank, 102 Md. 619.

This section cited to show that creditors of bank in receivership need not wait to
enforce liability of stockholders for agreement to defer claims until 1938 does not
mean that claims cannot be paid before that time. Robinson v. Hospelhorn 169
Md. 137.

Cited in Ghingher v. Bachtell, 169 Md. 687.

Cited in construing art. 11, sec. 97. Stockholders v. Sterling, 300 U. S. 175.

Cited but not construed in Clark Co. v. Colton, 91 Md. 231 (dissenting opinion).

See notes to sec. 32.

This section referred to in construing art. 11, sec. 97. (Cause of action arose before
this section was amended. ) Hospelhorn v. Emerson, 175 Md. 215.

Sec. 40. The General Assembly shall enact no Law authorizing private
property to be taken for public use, without just compensation as agreed
upon between the parties, or awarded by a jury, being first paid or ten-
dered to the party entitled to such compensation.

What is a public use?

The supplying of electric power to the public generally on equal terms is a public
use, and hence a corporation so doing has the right of condemnation. The fact that

¹ Thus Amended by Act of 1936 (Special Session), ch. 151, and ratified November, 1936,