Waters v. Mayor of Laurel

Briscoe, J., delivered the opinion of the Court. This case was submitted upon printed briefs, without an oral argument. The question presented by the record and argued by the counsel in their briefs, is a narrow one, and it seems to us, to be free from difficulty. The bill is filed by the appellant, George W. Waters, a taxpayer of the town of Laurel, in Prince George’s County, on behalf of himself, and other taxpayers, who may come in and contribute to the expenses of the suit, for an injunction to restrain the Mayor and City Coun'cil of Laurel, its clerk, treasurer, agents and employees, “ from incurring a debt, and from selling or negotiating bonds of the town of Laurel, Prince George’s County,” as provided by chapter 169, of the Acts of 1900.

The principal allegation of the bill and the one upon which the relief is based, is, that the Act of 1900, chapter 169, does not give to the Mayor and City Council of Laurel, express power to issue the bonds and to incur the debt, because the first section of the Act omits to name “ the town of Laurel,” although it is named in the title and the other sections of the Act. The defendant answered the bill, stating that it had a right through its proper officers to sell and deliver the bonds, and to incur the debt against the town of Laurel, Prince ²²³ George’s County. On the same day a pro forma decree was passed by the Circuit Court for Prince George’s County, refusing the injunction and dismissing the plaintiff’s bill. It is from this order that an appeal has been taken. • It is a primary rule in the construction of statutes, that the intention of the Legislature, is to be gathered from the words of the Act itself, when they are plain and explicit, but if not, it is to be gathered from the occasion and necessity of the law, being the causes which moved the Legislature to enact it.

The object and purpose of the Act of 1900, ch. 169, is clearly indicated by its title: “An Act to authorize and empower the Mayor and City Council of Laurel to borrow money on the credit of said town for the purpose of constructing water-works for said town, do necesary draining and purchase, construct or erect an electric lighting and power plant. To issue bonds for the payment of the same and to levy taxes on the assessable property of said town to redeem the said bonds and pay the interest thereon.” The provisions of the first section and the one with which we are now concerned, is in these words : “That for the purpose of establishing, constructing and maintaining water-works capable of furnishing the residents of the town with a good and sufficient supply of water for ordinary purposes and for fire protection and to do necessary drainage, the Mayor