16 Md. 357 | Md. | 1860
delivered the opinion of this court:
The only question involved in this case is the constitutionality of the Act of 1858, chapter 391. It is under this Act, and the election had in pursuance of its provisions, that the appellants claim to be invested with the powers, and to be charged with the duties, of trustees to the .Bladensburg Academy.
It does not appear, from the record, whether or not there were any contributions, on the part of individuals, to the corporation. It may be, that the Academy was built, and its possessions acquired, by the funds of individuals, relying on the faith of the Act of incorporation. But, supposing the fact to have been otherwise, under the decisions in this State, the case would not be altered. We are concluded by them.
The case of Norris vs. The Trustees of the Abington Academy, 7 G. & J., 7, is fully up to the point involved in this appeal, and conclusive as to the unconstitutionality of the Act of 1858. That case was much stronger than the one now before us. There, all the property of the Academy had been transferred to the State, and thereby, as was argued, to that extent, giving the Slate some control over it. There is no question of donation here, it is simply one of government7 and we do not perceive, so far as it is concerned, wherein the
Order affirmed.