1858.]          OF THE HOUSE OF DELEGATES. 373

Which was read the first time.

Mr. Smith, of Baltimore city, reported favorably on a bill
entitled, an act to regulate the inspection of tobacco in the city
Baltimore, and to prescribe the duties of the inspectors, and
for other purposes;

Which was read the first time.

Mr. Stirling, chairman of the committee on Ways and
Means, reported favorably on a Senate bill entitled, an act to
amend the acts passed December session, 1853, chapter 174,
and December session, 1849, chapter 373, reducing the tax on
auction licenses for Allegany county; also, made the following

REPORT:

The committee on Ways and Means, to which was referred
the petition of sundry citizens of Carroll county, setting forth
that "Mechanics and others, of other States, have been manu-
facturing and trading in the State of Maryland, large quanti-
ties of machinery, to the injury of the mechanics of this State,
and asking, that all persons, non-residents, who vend in this

State, machinery manufactured out of it, may be required to
take out a license for the privilege of selling such machinery;''
beg leave to report that they have examined the subject, and
are satisfied, that by the constitution and laws of the United
States such legislation as the petitioners desire, is prohibited
to the General Assembly. The State of Maryland does not
tax her own citizens for the privilege of selling articles of their
own manufacture, and the committee are of the opinion that
the State has no power to impose a tax on citizens of other
States who sell under the same circumstances. In addition,
the patent laws of the United States give to the patentee of an
invention, his agent or assignee, the right to sell the patented
article any where in the United States, and as most machinery
is patented, the proposed legislation would in this respect come
in conflict with the jurisdiction of the United States, and the
rights under the patent override the restrictions which the pe-
titioners propose. The committee therefore ask that they may

be discharged from the further consideration of the subject.

A. Stirling, Jr., Chairman.

Mr Alexander, from the committee on Judiciary, reported
favorably on the Senate bill entitled, an act to make deeds and
other instruments of writing defective in the acknowledgment
or in the certificate thereof; also,

Reported favorably on the Senate bill, entitled an act to
make valid the recording of a deed from William Williams
and wife to George D. Racine, by the clerk of the Circuit
Court for Cecil county; also,