Fell v. State
Court of Appeals of Maryland
Appeal from the Circuit Court for Caroline County. The case is stated in the opinion of the Court. The Act of 1874, ch. 453, is null and void, being in violation of the Constitution. 1. Laws of this kind have been passed npon in several of the States, and although in some instances they have been sustained, the Courts have concurred in the following principles, to wit: that legislation cannot be exercised directly by the people; that legislative power cannot be delegated,…
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Appeal from the Circuit Court for Caroline County. The case is stated in the opinion of the Court. The Act of 1874, ch. 453, is null and void, being in violation of the Constitution. 1. Laws of this kind have been passed npon in several of the States, and although in some instances they have been sustained, the Courts have concurred in the following principles, to wit: that legislation cannot be exercised directly by the people; that legislative power cannot be delegated, but must be exercised by the functionaries and in the mode designated by the Constitution ; and that a law enacted in any…
1Opinion of the CourtBartol, C. J.
The appellant was indicted for selling spirituous liquors on the 5th day of October, 1874, within the third election district of Caroline County, in violation of the provisions of the Act of 1874, ch. 453.
The case was submitted to the Circuit Court upon an agreed statement of facts, set out in the record, and the judgment being against the defendant, he has prosecuted this appeal.
It is admitted that an election was held as provided by the Act, on the second Tuesday of July, 1874, and that the returns thereof were duly made by the proper officers, that in the third, election district, a…
2Cases cited5 opinions
- The Cargo of the Brig Aurora, Burn Side v. The United StatesSupreme Court of the United States · 1813
- Mayor of Baltimore v. Clunet ex rel. ClunetCourt of Appeals of Maryland · 1865
- Hammond v. HainesCourt of Appeals of Maryland · 1866
- Burgess v. PueCourt of Appeals of Maryland · 1844
- Burgess v. PueCourt of Appeals of Maryland · 1844
3Cited by73 opinions
- Board of Trustees of the Employees' Retirement System v. Mayor of Baltimore CityCourt of Appeals of Maryland · 1989
- Kirkwood v. Provident Savings BankCourt of Appeals of Maryland · 1954
- Shea v. City of MuncieIndiana Supreme Court · 1897
- State v. Judge of the Circuit CourtSupreme Court of New Jersey · 1888
- Nottingham Village, Inc. v. Baltimore CountyCourt of Appeals of Maryland · 1972
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