County Commissioners v. President of Bladensburg

Irving, J., delivered the opinion of the Court. This record brings for review the action of the Circuit Court for Prince George’s County, in granting a mandamus against the County Commissioners of Prince George’s County, in favor of the President and Commissioners of the village of Bladensburg. The petition for mandamus ⁴⁶⁷ sets out, that the petitioners were incorporated by an Act of the Legislature, passed in 1854, ch. 137, and amended by the Act of 1870, eh. 428, by which last Act they were authorized to lay off and define the limits of the village and record the same in the office of the clerk of the Circuit Court for Prince George’s County; and further states, that in pursuance of said power, in said Act mentioned, they had laid off and defined the limits of the said village, and had recorded it in the office of the clerk of said Court as required by said Act of 1870, ch. 428. The petition then sets out, that by virtue of the Act of 1876, ch. 205, it was enacted that “the Commissioners of Prince George’s' County shall pay annually, to the Commissioners of the village of Bladensbnrg, the amount of the road tax levied or taxed upon the property within the limits of said corporation, to be appropriated and used by them for the repairs and improvement of the roads within said corporate limits.” It alleges demand on, and refusal by said County Commissioners to comply with the requirements of said law, and prays mandamus to coerce compliance.

The County Commissioners replied by answer, in the nature of a general demurrer, denying the right of the village Commissioners in the premises. The Circuit Court awarded the mandamus, and the question now is, was that action of the Court correct ? In this cause it is not necessary to consider any of the constitutional questions, which were raised and decided in the case of the Commissioners of Laurel, at this term, (antep. 457.) Being identically the same, Ave refer to that case for our views upon them. A question is raised in this case, however, which did not arise in the case of Laurel.

It is contended that by the amended charter of Bladensburg, passed 1870, ch. 428, the Commissioners of the town were invested Avith power to fix their own limits, which they have done, and are now claiming execution of the Act of 1876, ch. 205, according to the boundaries so fixed by themselves; all ⁴⁶⁸ which, the appellants insist is illegal, because the Legislature could not delegate such power. If the Act of 1810, ch.. 428, be susceptible of the construction given to it by the appellants, and the town Commissioners were authorized thereby to arbitrarily fix their own limits, sound public policy, reason and authority would compel us to sustain the objection. It is certainly not within the power of the Legislature to give to a municipal corporation the power of absorbing as much of the property, and as many of the people, of a county, as it may suit' the wishes of the municipal authorities to make subjects of their taxation and ordinances. The Constitution of the State has expressly reserved to the Legislature the right of creating municipal corporations, Constitution, Art. 3, sec. 48.

And the Legislature may, without doubt, create such a corporation, and fix its limits, without consulting the people to be affected by it; but such a thing is not usually done without submission to a vote of the people to be affected, or such previous expression of desire by petition as to indicate the popular wish. In the case of the City of Patterson vs. The Society for establishing