State v. Benzinger

Fowler, J., delivered the opinion of the Court. The appellees were indicted in the Criminal Court of Baltimore City for failure to take out licenses as insurance brokers as required by the law of this State. The controlling, indeed the only question to be considered on this appeal is as to the effect of the Act of 1896, chapter 266. It appears from the title of this act that its sole object was to repeal the Act of 1894, chap. 377, but upon examination of the body of the act we find therein new and affirmative legislation.

It was contended by the traversers that while the Act of 1896, chap. 266, is clearly void as being in violation of sec. 29, Art. 3, of the Constitution, so far as the new and affirmative legislation is concerned, yet the effect of the act was, as set forth in its title, to repeal the Act of 1894, chap. 377. The result of upholding this view would be to strike down all statutes requiring insurance brokers to take out licenses to carry on their business in this State. We cannot suppose that such was the intention of the Legislature. On the contrary, it is apparent from the face of the act itself that the intention was to compel the payment of the same license fee theretofore enacted, namely, the sum of one hundred dollars.

Inasmuch, therefore, as it would clearly thwart the intention of the law-makers, and at the same time strike down an important branch of the revenue law of the State, we should not, unless required so to do by some unbending rule of construction, give this repealing law the effect imputed to it by the traversers. It has been repeatedly held that where ⁴⁸⁸ a repeal of a prior law is inserted in an act in order to secure the unobstructed operation of such Act, and the repealing law is itself held to be void, the provision for the repeal of prior laws will fall with it, and the whole law will be declared inoperative and void. In the case of Campau v. Detroit, 14 Mich. 276 , it was held by the Supreme Court of that State, Judge Cooley delivering the opinion, that whether one part of the repealing law would be allowed to stand, while others were declared void, “ must depend upon whether, by the amendatoiy law, it is apparent that the Legislature intended them as inseparable parts of the same system, mutually dependent upon each other.” By the repealing law under-consideration in Campau v. Detroit , it was attempted to amend three sections of a former law, and it was contended that two of the amended sections could stand, notwithstanding the others failed. But Judge Cooley said : “We know of no principle which would warrant us in selecting out portions of the sections to stand unaffected by the constitutional infirmity of the remainder.” And especially should this not be done when, to hold the