Stiefel v. Maryland Institution for the Instruction of the Blind

Stone, J., delivered the opinion of the Court. The only matter presented to us for consideration in this case, is the constitutionality of the Act of 1880, ch. 403. The title of this Act is, “An Act to repeal an Act. passed at the January Session, 1812, ch. 363, entitled "An Act to allow the Trustees of the Maryland Institution for the Instruction of the Blind to locate the bed of North ¹⁴⁷ street, if extended into Baltimore County, from North avenue to Denmead street.’ ” Several objections have been urged against the constitutionality of this Act. One of these objections is that the subject of the law is not described in its title, and therefore it is in contravention of sec. 29 of Art. 3, of the Constitution.

This objection is urged against the second section only of the Act of 1880, ch. 403, as it is conceded that it does not apply to the first section. As we think this objection is decisive of this case, we deem it unnecessary to consider the others. The 29th sec. of Art. 3, of the Constitution, says: “ Every law enacted by the General Assembly shall embrace but one subject, and that shall be described in its title.” The one and only thing which, according to its title, was the subject of the body of the Act of 1880, ch. 403, was the repeal of the Act of 1812, ch. 363. There is not one word in the title of the Act before us which discloses, or even intimates, that a new law was to be enacted in the body of the Act instead of the law of 1812, ch. 363.

The subject of the second section, certainly is not described in its title, because nothing is described in its title except the repeal of the Act of 1812. Read by its title alone, the bill declares that nothing was to be done except the repeal of the Act of 1812; but the second section does attempt something more than the repeal of the Act of 1812. It goes on to enact a new law, the subject of which the title does not in any way indicate. Unless we mean to say that so much of the Constitution as relates to this subject is a mere unmeaning declaration, a sort of threat held out, but never meant to be carried into effect, we must decide that the subject of the second section of the Act of 1880, ch. 403, is not described in the title, and is therefore null and void.

This section of the Constitution has many times been before this Court, and we deem it unnecessary to review all the cases on that subject, even admitting that they were all well decided, ¹⁴⁸ further than to say