82 Md. 326 | Md. | 1896
delivered the opinion of the Court.
By the Act of 1894, chapter 546, the question whether
This bill is filed by certain tax-payers of said county to restrain the County Commissioners from issuing these bonds. Their claim to the interference of a Court of Equity is based on two grounds. .First. That the Act of 1894 is unconstitutional, and not therefore a valid exercise of legislative power. Secondly. Because of the fraudulent manner in which the special election was conducted, whereby the will of the majority of the voters was not fairly and lawfully ascertained.
If the Act in question is unconstitutional, the Commissioners, it is clear, have no lawful authority to issue the bonds for the purposes set forth in the Act; and the complainants, as tax-payers, have the right to ask the Court to enjoin the Commissioners from issuing said bonds. This we decided in GUI’s case, 31 Md. 375, and it is no longer an open question.
The Act, it is said, is unconstitutional because the subject of the Act is not described in its title as required by the Constitution, which declares that “ Every law enacted by the Legislature shall contain but one subject and that shall be described in its title.” Sec. 29, Art. 3. Now, what is the subject-matter of this Act ? In the first place, it provides that the question whether the county seat of Charles County shall be located at “Chapel Point” or La Plata, shall be submitted to the voters of the county. Then it provides the mode and manner- in which the election shall be conducted, and then the means by which the money shall be raised for the erection of the necessary public build
And whilst full force and effect should be given to this clause, Courts ought to be careful not to embarrass and defeat legislation by refined and subtle distinctions not within the spirit of the clause itself or the mischiefs to be^ remedied by it. There is no variance whatever between the title and the Act itself by which any one could possibly have been misled. The destruction of the court-house at Port Tobacco by fire made, it seems, that place no longer desirable as the county seat; and the only question was whether the new county seat should be located at La Plata or Chapel Point. It was so dealt with by the Legislature, and so understood by the people of the county. And all this contention about' the subject-matter of the Act not being described in the title to the Act, is a mere afterthought,
As to the objection that the Act is a special law, and within the prohibition of sec. 33, Art. 3 of the Constitution, which declares that “ The General Assembly shall pass no special law for any case for which provision has been made by a general law,” it is sufficient to say that no general law has been passed by the General Assembly providing for the removal or location of county seats. And there being no general law on the subject, a special law was absolutely necessary.
Nor is there any force in the objection that the Act of 1894 is a delegation of legislative power to the people. The question submitted to the voters of Charles County was in regard to the location of the county seat, and being a matter of merely local concern, it was a question which the Legislature had the right to submit to the determination of the people directly interested in it. In Bradshaw v. Lankford, 73 Md. 428, we said: “It seems tobe well settled that questions of local concern whether for instance - a county seat once located shall be removed elsewhere, or whether the county shall subscribe to a particular improvement, these and other like questions of local legislation may be referred to the voters of the county for decision.”
The Act of 1894 being then a valid exercise of legislative power, the only remaining question is whether the complainants are entitled to an injunction restraining the County Commissioners from issuing county bonds as directed by the Act on the ground that the election held under it is null and void by reason of the fraudulent manner in which it was conducted. The bill charges that the election was conducted in a partizan manner — that a large majority of the judges and ballot clerks appointed were in favor of the location of the county seat at La Plata — that in four of the election districts the challangers appointed to represent the friends of Chapel Point were not allowed to witness the count of the ballots — that the count in these districts was not truly and correctly returned by the judges of election,
Decree affirmed.