83 Md. 481 | Md. | 1896
delivered the opinion of the Court.
The appellees were indicted in the Criminal Court of Baltimore City for failure to take out licenses as insurance brokers as required by the law of this State.
The controlling, indeed the only question to be considered on this appeal is as to the effect of the Act of 1896, chapter 266. It appears from the title of this act that its sole object was to repeal the Act of 1894, chap. 377, but upon examination of the body of the act we find therein new and affirmative legislation. It was contended by the traversers that while the Act of 1896, chap. 266, is clearly void as being in violation of sec. 29, Art. 3, of the Constitution, so far as the new and affirmative legislation is concerned, yet the effect of the act was, as set forth in its title, to repeal the Act of 1894, chap. 377. The result of upholding this view would be to strike down all statutes requiring insurance brokers to take out licenses to carry on their business in this State. We cannot suppose that such was the intention of the Legislature. On the contrary, it is apparent from the face of the act itself that the intention was to compel the payment of the same license fee theretofore enacted, namely, the sum of one hundred dollars. Inasmuch, therefore, as it would clearly thwart the intention of the law-makers, and at the same time strike down an important branch of the revenue law of the State, we should not, unless required so to do by some unbending rule of construction, give this repealing law the effect imputed to it by the traversers. It has been repeatedly held that where
In support of their position the traversers relied strongly upon the case of Stiefel v. Trustees of the Blind Asylum, 61 Md. 144. In that case it was held that the first section of the Act of 1880, ch. 403, was operative, and repealed the Act of 1872, ch. 363, and that the second section, which attempted to enact affirmative legislation, was void. In the first place, it will be noticed that the Act of 1880 contains two sections, the first of which contains only the repealing clause, and the second the additional legislation, which it was held wás not covered by the title. Nor does it appear by the Act of 1880 that the Législature intended the first and second sections thereof to be inseparable and mutually dependent upon each other, so' that if one should be held void the other must fall also. On the contrary, the first section, the effect of which, it was held, was to repeal the
We find nothing in conflict with this view in Scharf v. Tasker, 73 Md. 385 ; Whitman v. State, 80 Md. 410, nor in State v. Schultz Co., ante, p. 58.
The demurrer to the indictment should have been overruled, and the judgment appealed from must, therefore, be reversed.
Jzidgment reversed and cause rema?ided.