Fowler v. Harris

Shehan, J., delivered the opinion of the Court. At the Extraordinary Session of the Legislature of Maryland, 1933, the Liquor Control Board of Montgomery County was created, under chapter 2, section 48A. The general purpose of this act was to establish and to authorize the operation of a county dispensary for alcoholic beverages in several counties of the state, including Montgomery county. There was conferred upon this board extensive powers and duties, and among these was the authority “to sell and deliver all alcoholic beverages in sealed packages or containers at such prices as may be determined by the Liquor Control Board, to all licensed dealers in Montgomery County who are ⁴⁰⁰ authorized to resell such beverages, and also to sell all alcoholic beverages for shipment or delivery outside the State of Maryland.” The authority of the Liquor License Control Board to establish prices was general and unrestricted and within the discretion of the board.

This provision of the law stood until the Acts of 1937, chapter 476, which, in part, provides: “In Montgomery County the holders of beer licenses Classes A, B, and C, and beer and light wine licenses Classes A, B, C and D, shall not be authorized to sell any alcoholic beverages, except those purchased from the Board of Liquor Control for Montgomery County, as hereinafter provided; and be it further provided that the price paid by such dealers in Montgomery County and charged by said Board of Liquor Control for Montgomery County shall in no event exceed the sum of five (.05) cents on each case of beer so sold, over and above the price paid by said Board of Liquor Control for Montgomery County to the wholesaler or distributor of such beer, and on each barrel of beer shall not exceed the sum of fifty (.50) cents on each barrel so sold or purchased, it being the intent and purpose of this Act to restrict the profit or handling charge by said Liquor Control Board for Montgomery County to not more than five (.05) cents on each case of beer and (.50) cents on each barrel of beer purchased from dr through said Board of licensed dealers in Montgomery County.” The conflict of these two enactments is immediately apparent. The intention of the Legislature is manifest. The later act, mandatory in its terms, was intended to replace the discretionary powers of the board, and to definitely establish prices for beer to be charged by the Liquor License Control Board. Under the terms of the later act, it could not charge more than the cost of the beer, plus five cents per case, and an added fifty cents to the cost of beer per barrel.

In so far as these two acts are repugnant to, or in conflict with, each other, the provisions of the later act must and do prevail. This ⁴⁰¹ is in conformity with a cardinal rule of construction of statutes dealing with the same subject matter. The Liquor License Control Board, nevertheless, undertook to establish and charge prices for beer contrary to the provisions of the Act of 1937, by adding ten cents per case and one dollar per barrel to the cost price of beer purchased by it for sale to those holding licenses to sell beer in that county. To restrain this action on the part of the board of control, bills in equity were filed by the appellees in the two cases at bar.

The same questions are presented in both suits and are disposed of in this opinion. The demurrers to the bills of complaint were overruled, and, upon the failure of the appellants to further proceed, decrees were passed directing the injunctions to be issued as prayed, and from these decrees the appeals here are taken. It is clear that the discretion reposed in the board under the provisions of section 48A, Acts of 1933, Ex. Sess., ch. 2, to determine the price at which alcoholic beverages should be sold, was repealed or modified in so far as this authority is inconsistent with or repugnant to the Act of 1937, ch. 476, and withdraws from the