Funk v. Mullan Contracting Co., 128
| Decision Date | 14 March 1951 |
| Docket Number | No. 128,128 |
| Citation | 79 A.2d 152,197 Md. 192 |
| Parties | FUNK et al. v. MULLAN CONTRACTING CO. et al. |
| Court | Maryland Court of Appeals |
The words 'general welfare' in the federal constitution have been accorded the widest imaginable scope, and the addition of the word 'public' imposes no additional limitation. Still, in the light of the legislative history and in the context, I should agree that the word 'general' may properly be construed as the antithesis of 'local' or 'special', so as to include only those acts dealing with problems that concern the citizens of the State as a whole rather than of particular localities. In Maryland we have long been familiar with the distinction between public general and public local laws; cf. Norris v. Mayor and City Council of Baltimore, 172 Md. 667, 681, 683, 192 A. 531. Now, however, the majority of the court adopts a novel construction that requires a general law passed at a short session to be absolutely uniform in its application in every part of the State.
The challenged Act is general in its terms and in almost all of its applications. The only exception is that in three counties determination of the prevailing rate of per diem wages, to be paid for state road work, is left to the United States Department of Labor as required by existing law. In this one particular field and specific area, the Commission is authorized and directed to accept the findings of fact made by a federal agency, rather than to make independent findings of fact upon which enforcement is predicated. To my mind the generality of the legislation is not destroyed by a geographical variation in detail that accomplishes the ultimate purpose in a slightly different way. I think the constitutionality of the act should be sustained.
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McKaig v. Mayor and City Council of Cumberland, 179
...Farms Dairy Stores v. Lexington Market Authority, 193 Md. 472, 67 A.2d 490; Funk v. Mullan Contracting Co., 197 Md. 192, 78 A.2d 632, 79 A.2d 152. The City contends that the complainant has not shown that he will suffer any pecuniary loss, and bases this contention largely on the ground tha......
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State ex rel. Fatzer v. Anderson
...and the 'general public welfare' as well as 'budget matters.' In Funk v. Mullan Contracting Co., 197 Md. 192, 78 A.2d 632, 635, 79 A.2d 152, the court 'It is apparent, therefore, that the main purpose of providing for 30-day sessions in the even years was to enable annual budgets to be subm......
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Citizens Committee of Anne Arundel County, Inc. v. County Com'rs of Anne Arundel County
...A.2d 482 (1949); Hammond v. Lancaster, 194 Md. 462, 71 A.2d 474, 483 (1950); Funk v. Mullan Contracting Co., 197 Md. 192, 78 A.2d 632, 79 A.2d 152 (1951); McKaig v. Mayor and City Council of Cumberland, 208 Md. 95, 116 A.2d 384 (1955); and Dutton v. Tawes, 225 Md. 484, 171 A.2d 688 The case......
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Cole v. Secretary of State
...County for reasons other than that it was a public local law. Cf., Funk v. Mullan Contracting Co., 197 Md. 192, 200-201, 78 A.2d 632, 79 A.2d 152 (1951). The Attorney General argues that the Act is not one of local significance only and relies on the fact that while the Act adds 14 sections......