Legal Opinion · Dissent

Davis v. State

Court of Appeals of Maryland

Decided December 15, 1854PublishedCited by 109 opinions

Error to the Criminal Court of Baltimore city. By the act of 1821, ch. 77, entitled, “An act to provide for the inspection of ground black-oak bark intended for exportation,” it is provided, that no such bark “shall be exported from the port of Baltimore until the same shall be inspected by a person to be appointed annually by the governor and council.”

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Error to the Criminal Court of Baltimore city. By the act of 1821, ch. 77, entitled, “An act to provide for the inspection of ground black-oak bark intended for exportation,” it is provided, that no such bark “shall be exported from the port of Baltimore until the same shall be inspected by a person to be appointed annually by the governor and council.” The act then specifies particularly the manner in which this officer was to perform his duties, and what fees he was to receive;- and the 7th section imposes a penalty upon any person who shall ship from any other port in the State, than…

1DissentMason, J.

We did not understand the counsel for the appellant as contending, that the legislature had no power to amend, modify or even repeal the act of 1821, ch. 77, creating the office of inspector of bark. We understand, that while they clearly admit the power, they insist that the legislature in passing the act of 1854, ch. 200, entitled: “An act regulating inspections in the city of Baltimore,” have exercised that power in a mode not warranted by the constitution, and that therefore the law is of no avail.

Under our former constitution, there could have been no doubt, that as the act of 1854 was…

2Cited by109 opinions

  1. Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
  2. People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
  3. Ex parte PollardSupreme Court of Alabama · 1866
  4. Schisler v. StateCourt of Appeals of Maryland · 2006
  5. Neuenschwander v. Washington Suburban Sanitary CommissionCourt of Appeals of Maryland · 1946

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