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July 24, 1920
THE. JEFF' A f^ fADC exclusive agents for Baltimore
£f lllV/ 1 lVrVlw/ l. VJ1\0 AND ANNE ARUNDEL COUNTIES. 8-16 H. P. and 15.30 H. P. 4-Cylinder. 10-20 H. P. Titan, 10-20 Mogul.
McCORMICK Mowers, Rakes, Binders.
IRON AGE Potato Planter and Sprayers.
Full Lines Garden and Field Seeds. Glowers of "WISDOM" TOMATO Recognized by the leading truckers as being the best ever grown. For quality and quantity it is unexcelled. We are growers in a large way of all the leading varieties of 'J omato Seed as follows: Kelly's Red, "another one of our origination," Bonny Best, Chalk's Jewel, New Stone, Red Rock, Matchless, Greater Baltimore, etc.
WISEMAN-DOWNS COMPANY, Inc.
AGRICULTURAL IMPLEMENTS, SEEDS, FERTILIZERS, GASOLINE ENGINES
34 E. PRATT STREET
Near Light Street
Baltimore, Md.
(Continued from Page 1) county shall be thereby repealed.
By the second section of the Article the duty was imposed upon the General Assembly, at its first session after the adoption of the amendment, to provide a grant of express powers for such county or counties as might thereafter form a Charter under its provisions. The General Assembly "of 1916, which was he firstt session after the adoption of the amendment, failed to discharged this duty,'but by the Act nl 1918, Ch. 456, which will be- presently noticed, did undertake the dischai;-';j of that duty. This section also |provided that such express powers as might be granted to the counties; should not be enlarged or extended by any charter, but such powers might be extended, modified, amended, or repealed by the General Assembly.
The third section declares that every County Charter shall provide for "An elective legislative body" in which shall be vested the law making power of the county. Its powers asl a lawmaking body, by the express provisions of Article XI-A, under which it is created, are subject tn the Constitution and Public General Laws of the State and is expressly confined to the enactment of local laws for the county, in-* eluding the power to repeal or amend local laws of the county enacted oy the General Assembly upon all matters covered by the express powers ¦which the General Assembly might grant.
The County Council, however, is expressly forbidden to enact laws or regulations for any incorporated town, village or municipality in the county on any matter covered by the powers granted to said town, village 0r municipality by the Act incorporating it, or any subsequent Act or Acts amend thereto. The County Council, for the purpose of enacting local legislation, is not permitted to "sit more than one month in each year," and all legislation s,hall be enacted during ihe month so designated for that purpose in the Charter, and all laws and ordinances so enacted shall be published once a ^veek for three successive weeks in at least one newspaper published in the county.
By section four the General Assembly is) prohibited from passing any local law upon any subject covered by express powers granted to the county, and by section five it is provided that no amendments of any provision of the Charter, no matter how necessary, urgent and imperative, can be made except at a general or congressional election.
The attention of the voters is* specially called to this language contained in section six of the amendment, sc far as it l elates to 'he counties of the State, as it will occupy an important place in the discussion:
The power heretofore conferred upon the General Assembly to prescribe the number, compensatiin, powers and duties of the County Commissioners in each county, when expressly granted as hereinbefore provided, are hereby transferred to the voters of each county; and provided further that this Article shall not be construed to authorize the exercise of any powers in excess of those conferred by the legislature upon the counties.
Section Steven simply defines the word "Petition.' used in the amendment, and is of no importance in this discussion.
The Constitutional Amendment. Article XI-A whose provisions insofar as relate to this; Charter, I have set out. is 'he supreme law upon in ¦ subject of all 'County Charters, and any attempt to confer upon the County in contravention of the Constitution, or to invest the County Council with powers forbidden by the Constitution or the Public General Laws of the State, or to authorize-\it to exercise powers in excess; of those expressly and constitutionally granted by the General Assembly is simply nugatory and futile.
The Act Of 1918, Cli. 45«.
This is the Act by which express powers were granted to any county which might adopt, a Charter. Prior to the passage of this Act the General Assembly by Public General Laws, passed at various sessions and codified in Art. 25 of the Code, had granted to the County Commissioners! of the countv broad powers relating to county administration and imposed upon them most important duties with respect to a variety of s'ubjects—bridges, public roads, aichools, &c. Baltimore teountv "has also a body of local laws which are well adapted to the needs and habits of the people, and with which in the main they are fairly familiar. These laws have been codified by Judge T. Scott O'ffutt, and constitute a volume of about one-hundred and seventy-five pages. Immediately upon the- adoption of this Charter all our local laws inconsistent with its provisions are at once repealed, and the icounty will thereby be left in a condition of doubt and confusion as to what laws or parts of laws are in force, and what are repealed. Such a condition would not only be deplorable, but would be the fruitful source of all kinds of annoyances and litiga-
Tlie Act provides that upon the adoption of the Charter the following express powers shall be exercised by the county, which are granted m substitution for and in extension of the powers codified in Art. 25 of the Code,
(A) Local Legislation.
To enact local laws for such county, including the power to repeal or amend local laws thereof enacted by the General Assembly upon the matters covered by the expresa powers in this Article ' granted; to provide for the enforcement of all ordinances, resolu-, tions, by-laws and regulations adopted I under the authority of this Article by fines, penalties and imprisonment, enforceable according to law as may be prescribed, but no such fine or penalty Shall exceed $100.00 for any offense or imprisonment for more than six
Tb)" County Property and Franchises.
To provide for the protection ot county property; to provide for the acquisition and condemnation of property required for public purposes in the county; to dispose of any real or leasehold property belonging to the county; to dispose of any real estate or leasehold property belonging U the county, provided the same is no longer needed for public use or any right or franchise in relation to any highway street, road, lanes, alley or bridge ,„ a period not longer than twenty-five vears and then only upon such terms and compensation asl said corporation mav deem proper, and after such disposition or grant shall have been advertised one! a.week for three successive weeks in one or more news-
papers of general circulation publish-in said county, stating the terms thereof and the compensation to be received therefor, and giving opportunity for objections thereto.
(C) County Institutions. To erect, establish, maintain and control hospitals, almshouses. pest housed or other similar institutions within such county, and make all regulations for the government and conduct of the same; to establish, maintain, regulate and control county jails, and county houses of correction or detention and reformatories, and to regulate all persons confined therein; to make proper provision for female and juvenile offenders).
(D) Advertising and Printing. To provide for county advertising, printing and publishing, including that of, all ordinances, by-laws or resolutions adopted by the County Council and of annual statements of expenses of the county Government.
(E) Audits and Claims. To audit the accountsi of all county officers, assisting the State Auditor or otljer State officer clothed with authority in the performance of this duty; t oprovide for proof of all claims^ against the county before their payment.
(F) Contracts and Bonds. To provide for competitive bidding for any county work and the making and awarding of contracts requiring bonds whenever proper.
(G) Drainage. To provide, asi far as necessary, for the draining "of swamp and low lands. (H). .Election Districts and Precincts. To arrange and create election districts and precincts.
(I) Courts and Records. To provide for recording, indexing and keeping indexed all records in the office of the Clerk of the Court, Register of Wills and of the records of the Commissioners and County Council to the ''extent that such matters are not provided for by general law; to provide for designating Justices of the Peace who may constitute a county court, .the keeping of itsf records, and to fix the compensation of all judges thereof, and all officials connected therewith, and to require an accounting to the county for all fees collected in connection therewith; and to fix official bonds and regulate fees of the remaining justices in the county.
(K) Health and Nuisances. To .prevent, abate and remove nuisances*; to prevent the introduction of contagious diseases into such county; to regulate the places of manufacturing- soap and candles and fertilizers, slaughter houses, packing houses, canneries, factories, workshops, mines, manufacturing plants and any and all places where offensive trades may be carried on, or which may involve or give rise to uns|xnitary conditions or conditions detrimental 0' health. -
Nothing in this Article or Section contained shall be construed to affect in any manner any of the powers and duties of the State Board of Health, or any Public General Laws of the State relating to the subject if health. Highways, Bridges and Streets. To provide for grading, shell i ag, graveling, paving and curbing, or for regrading, reshelling, regraveling, re-curbing 'and repairing any street, road, lane, alley, footway, bridge, culvert, highway or public place within said county, or any part thereof, now or hereafter condemned, ceded, opened, widened, extended or straightened as public property; and for assessing- the cos:, of any such work upon the assessable basis of the county; to' compel by fine or penalty the owner or possessor of any lot t° grade, regrade, pave, re-pave or repair he footways in front thereof; to regulate the opening of sti eot surfaces.
(Ji) Live Stock.
To regulate the conditions under
which dogs, cows, sheep, pigs, cattle
and live stock of any and every kind
may be at large, or may pass over- the
streets, roads, alleys, lanes, bridges,
ays and public places.
<-V> Fish and Game.
'Co pass local lislh and game laws.
m (OJ Fences.
Tg^e^nlate the making and keeping ^¦¦^^^/ .md provide for ttie
pr^Bj-A'Sji-jBlf ' the rights of the
^BWv'vW or repairs made by
an V| j )L in default.
< l')^BWBWnWiits, Levy and Collection of Taxes. To direct the class or sub-class of nt% on land and personal property which shall be made subject to the county tax levy, and to provide for the levy thereupon and upon the value of land in accordance with Article 15 of the Declaration of Rights e Constitution' of Maryland as amended, of any sum which may be necessary to pay and discharge the principal and interest' of any loan which may hertofore have been obtained, or which may hereafter be ob-! by such county, according to law, and to create a sinking fund to meet the liabilities thus incurred, and levy upon the property so subject to taxation from time to time s |
