concurring in part and dissenting in part:
I concur with most of the majority opinion and I concur in the result in declaring unconstitutional the provisions of § 93A-9(c) of the Act. I dissent, however, in regard to the sustaining by the majority of the constitutionality of § 93A-43 (b)(i) and (ii) providing that when the Commission finds that a landlord has caused a defective tenancy, the affected tenants may be entitled to the following remedies: (a) the immediate termination of their leases; (b) the return of their security deposits and certain rental monies paid and relief from ail future obligations under the terms of the lease; and (c) an award of damages (not exceeding $1,000.00) against the landlord, sustained as a result of the defective tenancy, the damages being determined as the actual loss; of § 93A-43(b)(iii) giving the tenants the right to an award by the Commission of an amount to be paid by the landlord equivalent to a reasonable expenditure adequate to obtain temporary rental housing in the area; of § 93A-43(c)(i) and (ii) giving similar rights of termination to landlords and an amount of damages against tenants; and, of §§ 93A-26(b) and 93A-27(c) requiring that all leases be offered by the landlord for an initial term of two years at the option of the tenant, unless a reasonable cause exists for an initial term other than two years.
*447I also dissent in regard to the dictum in the majority opinion indicating that certain provisions of the Administrative Procedure Act, Article 41, Sections 244-256A (APA) are, by construction of the Act, applicable to appeals from the Commission to the courts.
My reasons for dissent are (1) that the provisions of § 93A-43(b)(i), (ii) and (iii) and 93A-43(c)(i) and (ii) attempt to confer judicial powers and functions upon the Commission in violation of Article IV, Section 1 of the Maryland Constitution and Article 8 of the Declaration of Rights of that Constitution; (2) that the provisions of § 93A-26(b) and § 93A-27(c) are beyond the power of the Commission to adopt under Article XI-A of the Constitution and the Express Powers Act, inasmuch as Code (1957, 1973 Repl. Vol.) Article 21, Section 8-402(b)(l), (4) and (5) permits leases for a definite term as well as from year to year, month to month, and week to week so that such leases are permitted by a public general law of the State and may not be abolished by a public local law in light of our holding in Mayor & City Council of Baltimore v. Sitnick & Firey, 254 Md. 303, 255 A. 2d 376 (1969); and (3) that, in regard to the dictum relating to criteria for appeals derived by construction from the APA., there is.no provision in the Act authorizing or justifying this dictum, which, in my opinion, represents “judicial legislation” in an aggravated form and violates the provisions of Article 8 of the Declaration of Rights of the Maryland Constitution. I am also of the opinion that § 93A-9(c) in regard to the imposition of a “civil” penalty not exceeding $1,000.00 as punishment for violation of the Act is unconstitutional for several reasons in addition to that relied upon by the majority.
(1)
Delegation of Judicial Powers
Much of the difficulty with the majority opinion in regard to the delegation of judicial powers and functions to the Commission, as well as with several of the opinions of this Court decided subsequent to Dal Maso v. Board of County *448Commissioners of Prince George’s County, 182 Md. 200, 34 A. 2d 464 (1943), results from a failure to appreciate fully the unusual and almost unique legal position Maryland occupies, so far as the delegation of judicial powers and functions is concerned, as a result of the relevant provisions of the Maryland Constitution.1 Because of these constitutional provisions, all of the opinions of the federal courts, substantially all of the opinions of the courts of our sister states (except those of New Mexico and possibly those of North Carolina) and even opinions of Professor Davis, himself, are not applicable or even persuasive in this State.
One of the relevant provisions of the present Constitution is Article IV, Section 1, which provides:
“The Judicial power of this State shall be vested in a Court of Appeals, and such intermediate courts of appeal, as shall be provided by law by the General Assembly, Circuit Courts, Orphans’ Courts, such Courts for the City of Baltimore, as are hereinafter provided for, and a District Court; all said Courts shall be Courts of Record, and each shall have a seal to be used in the authentication of all process issuing therefrom.”
This provision was, in similar form, included as Article IV, Section 1 of the Constitution of 1851, which stated:
“The judicial power of this State shall be vested in a court of appeals, in circuit courts, in such courts for the city of Baltimore as may be hereinafter prescribed, and in justices of the peace.”
There was no comparable provision in the Constitution of 1776 and subsequent amendments to that Constitution, although separation of powers was provided for as indicated later.
*449In the Constitution of 1864, the provision of the Constitution of 1851 in regard to judicial power being vested in the enumerated courts was continued, with some embellishment in regard to a court seal and the process and official character of justices of the peace. This amplified provision in the 1864 Constitution was continued in identical words as Article IV, Section 1 of the present Constitution of 1867, and reads:
“The Judicial power of this State shall be vested in a Court of Appeals, Circuit Courts, Orphans’ Courts, such Courts for the City of Baltimore as are hereinafter provided for, and Justices of the Peace; all said Courts shall be Courts of Record, and each shall have a seal to be used in the authentication of all process issuing therefrom. The process and official character of Justices of the Peace shall be authenticated as hath heretofore been practiced in this State, or may hereafter be prescribed by Law.”
Two amendments to Article IV, Section 1 of the present Constitution have occurred since the adoption of the Constitution of 1867. The first amendment was by the Laws of 1966, Ch. 10, ratified by the electorate on November 8, 1966, which added the language “and such intermediate courts of appeal, as shall be provided by law by the General Assembly.” The second amendment was by the Laws of 1969, Ch. 789, ratified by the electorate on November 3, 1970. This last amendment eliminated the words “Justices of the Peace,” substituted the words “a District Court” and eliminated the last sentence in regard to the process and official character of Justices of the Peace, thus giving the State the present provisions of Article IV, Section 1, first quoted.
It is thus seen that the theory of the vesting of judicial power exclusively in designated courts has continued explicitly since the adoption of the Constitution of 1851 to the present time and was last confirmed by the electorate on November 3, 1970, some three years ago. In short, this theory and express provision is current, viable, meaningful *450and by no means ambivalent. Indeed, we indicated in Maryland Committee for Fair Representation v. Tawes, 228 Md. 412, 425-26, 180 A. 2d 656, 663 (1962):
“Section 1 of Article IV of the Maryland Constitution vests the judicial power of the State in the Judiciary, and this encompasses all the judicial power of the State.” (Emphasis in the opinion.)
It is also clear in Maryland that the judicial power is separate from the executive and legislative powers and that no officials or agencies of those other branches may exercise judicial powers.
Article 8 of the Declaration of Rights of the present Maryland Constitution (not referred to in the majority opinion) provides:
“That the Legislative, Executive and Judicial powers of Government ought to be forever separate and distinct from each other; and no person exercising the functions of one of said Departments shall assume or discharge the duties of any other. ” (Emphasis supplied.)
In the Constitution of 1776, Article VI of the Declaration of Rights merely sets forth the more usual provision in regard to separation of powers:
“That the legislative, executive and judicial powers of government, ought to be forever separate and distinct from each other.”
In the Constitution of 1851, this provision in the Constitution of 1776 was continued as Article 6 of the Declaration of Rights. However, the vital and effective clause, “and no person exercising the functions of one of said Departments shall assume or discharge the duties of any other,” was then added to Article 6. In sum, what was hortatory in the Constitution of 1776 was made mandatory and effective by the clause added by the provisions of the Constitution of 1851. This provision in the Declaration of Rights in the 1851 Constitution has been continued without *451change in both the Constitution of 1864 (Article 8 of the Declaration of Rights and the present Constitution of 1867, as Article 8 of the Declaration of Rights, providing as already set forth.
I have not found provisions in the Constitutions of our sister states other than in New Mexico — and there are none in the federal constitution — specifically confining all judicial power to enumerated courts and forbidding persons exercising the functions of the executive or legislative branches of government from exercising judicial functions.
It is small wonder, therefore, that in Dal Maso, supra, Chief Judge Sloan, for a unanimous Court, stated:
“In this State, all judicial authority is only such as is provided for by Article 4 of the Maryland Constitution, and it has been decided that only judicial functions can be exercised which find their authority in that Article (Day v. Sheriff, 162 Md. 221, 159 A. 602; Humphreys v. Walls, 169 Md. 292, 181 A. 735; Quenstedt v. Wilson, 173 Md. 11, 194 A. 354; Levin v. Hewes, 118 Md. 624, 86 A. 233), and that no court not coming within its provisions can be established in this State. This forbids any power in the Legislature to clothe administrative boards with any judicial authority. There may he states in which it can he done, hut Maryland is not one of them,. ” (Emphasis supplied.) 182 Md. at 205, 34 A. 2d at 466.
Indeed, as I see it, there is no other conclusion possible in view of the express and unambiguous constitutional provisions in Article IV, Section 1 and in Article 8 of the Declaration of Rights of the present Constitution.
The majority indicates that cases “subsequent to Dal Maso have tempered but not overruled that holding.” (Emphasis supplied.) No opinion of this Court, however, has so “tempered” it as has the opinion of the majority in the present case.
The device for the “tempering” has been the addition of the prefix “quasi” to the word “judicial,” connected by a *452hyphen, and, behold, two mandatory and unambiguous provisions in the Maryland Constitution, as well as the holding in Dal Maso, are “tempered” or, as I would put it, “gravely impaired.” I am glad, however, that the holding in Dal Maso is not overruled by the majority, which would, indeed, have taken some doing. However, I confess difficulty in foreseeing a situation in which the holding in Dal Maso will be effectuated. But, “Sufficient unto the day is the evil thereof.” (Mat. 6:34) No doubt, such situations will arise in the future and hopefully the holding in Dal Maso will render ineffective future attempts to delegate judicial functions and powers to agencies of the legislative or executive branches of the State government.
As mentioned, the device used to sustain what otherwise might be thought to be a delegation of judicial powers and functions to administrative agencies (usually of the legislative branch of the State government) is to attribute to the entirely proper delegation to such agencies by the General Assembly of legislative powers and junctions, with proper guides and standards, the exercise of supposed quasi-judicial functions and powers, usually by way of dicta. I protested against this in my dissenting opinions in MacDonald v. Board of County Commissioners for Prince George’s County, 238 Md. 549, 210 A. 2d 325 (1965); in Woodlawn Area Citizens Association, Inc. v. Board of County Commissioners for Prince George’s County, 241 Md. 187, 216 A. 2d 149 (1966); and in Delbrook Homes, Inc. v. Mayers, 248 Md. 80, 234 A. 2d 880 (1967); and in my concurring opinions in Hyson v. Montgomery County Council, 242 Md. 55, 217 A. 2d 578 (1966) and in Gaywood Community Ass’n v. Metropolitan Transit Authority, 246 Md. 93, 227 A. 2d 735 (1967). In the Woodlawn dissent, I observed:
“In Schultze v. Montgomery County Planning Board, 230 Md. 76, 79, 185 A. 2d 502 (1962) and in Kay Construction Co. v. County Council for Montgomery County, 227 Md. 479, 486, 177 A. 2d 694 (1962), both cited in the majority opinion, there is dicta which indicates that the County Council in *453Montgomery County does exercise ‘quasi-judicial functions.’ In my opinion, this is unfortunate language, unnecessary to the decisions in those cases, which gives rise to the notion that the holding in Dal Maso has been somewhat impaired but not overruled. As I see it, in both cases the County Council was exercising a ‘restricted legislative function, ’ not a ‘quasi-judicial function. ’ It has been my observation that when the prefix ‘quasi’ is appended to a well-defined word, distinctions are blurred, fuzzy thinking is invited and error often results. Its use should be avoided.”
241 Md. at 208, 216 A. 2d at 162.
As I see it, the majority opinion confirms how sound this observation was!
The extensive quotation in the majority opinion in the present case from the majority opinion in State Insurance Commissioner v. National Bureau of Casualty Underwriters, 248 Md. 292, 298-300, 236 A. 2d 282, 285-86 (1967) — much of it based upon the notions of Professor Davis in his Administrative Law Treatise (1958) — is all dictum. In that case, we considered the scope of appellate review of the rate-making powers of the Insurance Commissioner, which we treated as legislative in nature. This Court made no holding in regard to any exercise of judicial powers by an administrative body or official. Indeed, the question was whether or not the legislation imposed nonjudicial powers upon the courts. Chief Judge Hammond, for the majority of the Court, stated the holding, as follows:
“We hold that a court in reviewing legislative actions or decisions of an administrative agency may apply the weight of the evidence test to the factual findings of the agency, without exercising nonjudicial functions, provided it does not itself make independent findings of fact or substitute its judgment for that of the agency.” (Emphasis supplied.)
248 Md. at 310, 236 A. 2d at 292.
*454In view of the use of the composite word “quasi-judicial” in a number of the prior opinions of this Court to describe — improperly in my opinion — certain functions of administrative agencies to which restricted legislative functions and powers have been properly delegated, it becomes necessary to seek to determine what are, on the one hand, “judicial” powers — which the majority concedes may not be delegated to administrative agencies — and “quasi-judicial” powers, on the other. It is admittedly difficult to draw the line of demarcation between “judicial” powers and “quasi-judicial” powers. Considerations of degree are obviously involved. It is clear to me that several of the provisions of the Act “cross the line,” as it were, to an attempted grant of judicial power to the Commission. It will be helpful to take a close look at these offending provisions of the Act.
Section 93A-9 in regard to “Commission powers; generally” provides in Subsection (c):
“(c) The Commission shall be empowered to enforce the provisions of this Chapter through any appropriate means; including but not limited to (i) the utilization of the services available through the Office of Landlord-Tenant Affairs, (ii) the imposition of a civil penalty, not in excess of $1,000, for the violation of any provision of this Chapter, (Hi) the imposition of an award of money damages against a landlord or tenant for the benefit of either as may be provided for in this Chapter, (iv) the ordering of repairs by a landlord or tenant, and (v) the investigation and conciliation of any violations of this Chapter or any complaints filed hereunder and the investigation of any matter relating to any license to conduct or operate a rental facility.”
Section 93A-43 in regard to “Commission action; violation of Chapter or defective tenancy found” provides:
“(a) If, at the conclusion of the hearing, the Commission determines, upon the preponderance of *455the evidence of record, that a violation of this Chapter has occurred or a defective tenancy exists, the Commission shall state its findings and issue an order. Such order shall require the respondent to cease and desist from such unlawful conduct and to take such appropriate action as will effectuate the purposes of this Chapter. The order shall also contain a notice that if the Commission determines that the respondent has not, after fifteen (15) calendar days following service of the Commission’s order, made a bona fide effort to comply with the order, the Commission will refer the matter to the County Attorney for enforcement.
“(b) Where the Commission finds that a landlord has caused a defective tenancy, all affected tenants may be entitled to one or more or all or part of the following remedies as ordered by the Commission:
“(i) immediate termination of their leases, and return of their security deposits and all rental monies already paid to the landlord from the period the landlord was notified of the said condition, and relief from any and all future obligations under the terms of the lease. Where the termination of a lease is ordered, the dwelling unit shall be vacated within a reasonable period of time.
“(ii) an award of damages to be paid by the landlord sustained as a result of the defective tenancy, such damages being determined as the actual damage or loss. In the case of loss of services, such damage shall be proportionate to the amenity lost. In the case of damages to persons or property, an award for damages shall not exceed One Thousand Dollars ($1,000.00) per affected dwelling unit.
“(iii) an amount to be paid by the landlord *456equivalent to a reasonable expenditure adequate to obtain temporary substitute rental housing in the area.
“(c) Where the Commission finds that a tenant has caused a defective tenancy, the landlord may be entitled to one or more or all or part of the following remedies as ordered by the Commission:
“(i) the landlord may immediately terminate the lease and gain possession in accordance with the provisions of Article 53 of the Annotated Code of Maryland. Other remedies available to the landlord shall be as provided by State law.
“(ii) an award of damages to be paid by the tenant to the landlord sustained as a result of a defective tenancy, such damages being determined as the actual damage or loss but not exceeding One Thousand Dollars ($1,000.00) with a credit for any damages which may have been deducted from the security deposit. Any award of damages or money under this section not paid within thirty (30) days from such award may be enforced by the landlord or tenant to whom the award was granted in any court of competent jurisdiction, and any such court is authorized to grant judgment for such monies plus interest from the date of the award. ’’(Emphasis supplied.)
The criminal provisions appear in § 93A-44 headed “Penalty for failure to comply with Commission orders or summons” and are as follows:
“(a) Any person who fails to comply with any Commission order or summons issued pursuant to this Article shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine not exceeding One Thousand Dollars *457($1,000.00) and costs. Fines imposed hereunder may be collected or enforced through civil attachment proceedings. Each day that a person fails to comply with an order of the Commission as specified herein shall constitute a separate offense hereunder, except that where said person makes a bona fide effort to comply with this Chapter, no penalty shall lie for that period of time when the person is making a bona fide effort to so comply.
“(b) Where a person, rather than comply with a Commission order, chooses to cease the conduction or operation of a rental facility, he shall give any tenants occupying the premises in question sixty (60) days written notice to vacate the premises, said period to begin on the first day of the month following service of said notice. A copy of said notice must be delivered to the Executive Director. No penalty will lie during the sixty (60) day period that tenants have to vacate the facility, provided that the holder of the license to conduct or operate the rental facility relinquish it and submit it to the Executive Director.
“(c) In addition to any criminal or other penalty herein provided, compliance with an order of the Commission may be effectuated by injunctive or other appropriate action or proceeding to correct any violation of this Article, and any court of competent jurisdiction may issue restraining orders, temporary or permanent injunctions or other appropriate forms of relief. ”
(Emphasis supplied.)
What then is the criteria for the determination of whether power attempted to be delegated to an administrative body is “judicial”?
In 1 Am. Jur. 2d Administrative Law (1962), the following criteria are set forth:
(1) “It is the power to make a final rather than an initial determination.” Id. at § 160.
*458(2) “[I]t is the inherent authority not only to decide but to make binding orders or judgments which constitutes judicial power, . . . Id. at §170.
(3) “[S]uch power affects the personal or property rights of private persons or involves the determination of private controversies under the law.” Id. at § 171.
The provisions of the Act, already quoted in full with appropriate emphasis, attempt to confer upon the Commission the following powers:
“(a) imposition of a civil penalty not exceeding $1,000
(b) termination of leases
(c) ordering the return of security deposits and rental monies paid
(d) award of money damages
(e) ordering repairs
(f) awarding of payments for temporary substitute housing.”
Measured by the criteria mentioned, these powers are all essentially “judicial.” The Commission has the power to make final determinations, rather than initial determinations, the Act providing that the party receiving the award may seek enforcement of it “in any court of competent jurisdiction” and that any such court “is authorized to grant judgment for such monies plus interest from the date of the award.” (Emphasis supplied.) There is no provision for a trial or other judicial proceeding before such a judgment is entered. There is no authorization to the court to deny a judgment when an award is sued upon. Compare the provisions of the Act in this regard with the provisions of the Workmen’s Compensation Law relating to awards of the Commission where the amounts are fixed by law and provision is made for what amounts to a de novo trial in the courts.
If a de novo trial on appeal were provided by the Act from *459the awards and decisions of the Commission, with the usual right of trial by jury, the right to offer evidence in Court, a determination of the facts by the trier of facts based upon a preponderance of the evidence, it might be argued that the improper delegation of judicial powers and functions was not prejudicial in that ultimately the person aggrieved by the Commission’s action received complete judicial review, with the full exercise of the judicial power by the courts to which the Maryland Constitution grants such power.2 The Act, however, does not attempt to provide for this type of judicial review.
It is quite true that in cases involving a delegation of legislative power to an administrative agency, our predecessors have held that even though the delegating legislation may provide that questions of fact may be finally determined by an administrative agency and may not be set aside, reversed or modified on appeal, the courts are not divested of their constitutional power and duty to review the actions of such administrative agencies “which are illegal, arbitrary, or unreasonable and which impair personal or property rights,” as Judge Delaplaine aptly stated in Johnstown Coal & Coke Co. v. Dishong, 198 Md. 467, 473, 84 A. 2d 847, 850 (1951). The majority cites this case as indicating that “the provisions for judicial review provided in Chapter 93A are sufficient under the Dishong standard.” In my opinion, its reliance on Dishong is misplaced. The Dishong case was not establishing “standards” for judicial review, but, on the contrary, was indicating that the courts could not be divested of their constitutional obligation to afford due process of law, even in the face of legislation purporting to eliminate such judicial consideration of decisions of administrative bodies to which restricted legislative power had been delegated.
The six powers in question are, in my opinion, clearly judicial powers, and are, therefore, powers traditionally *460exercised by the courts. They are not new rights, unknown to the common law, and thereby in substitution for traditional common law rights and procedures like those given by the Workmen’s Compensation Law. What, indeed, could be more of a judicial power and function than fixing the amount of a penalty? See Ordway v. Central Nat. Bank of Baltimore, 47 Md. 217, 28 Am. Rep. 455 (1877) and Doyle v. Baltimore County Comm’rs, 12 G. & J. 484 (1842) as well as numerous other opinions since these two cases.
Surely, it is a judicial power and function to fix the amount of damages resulting from tortious action. See Macke Laundry Service Co. v. Weber, 267 Md. 426, 298 A. 2d 27 (1972) and Evans v. Murphy, 87 Md. 498, 40 A. 109 (1898) and the many other cases demonstrating this concept.
The power to declare a lease terminated or rescinded with an order for the return of security deposits and rental monies paid under the lease and the power to determine the amount to be paid for temporary substitute housing are powers traditionally exercised in proper circumstances by either the law or equity courts. See Gostin v. Needle, 185 Md. 634, 45 A. 2d 772, 163 A.L.R. 1013 (1946) and Buschman v. Wilson, 29 Md. 553 (1868) as well as other cases illustrating this principle. See also Code (1957, 1973 Repl. Vol.) Article 21, Section 8-213.
When these judicial powers are exercised by the law courts, the citizen has a constitutional right to trial by jury guaranteed by Article XV, Section 6 of the Maryland Constitution where the amount in controversy exceeds $500.00. This constitutional provision was amended by the Laws of 1969, Ch. 789, the amendment — increasing the amount to $500.00 from $5.00 — being adopted by the electorate at the election held on November 3, 1970. It is no vestigial anachronism from the early common law, but is current and in full vigor. Then too, the right to trial by jury is guaranteed to the inhabitants of Maryland by Article 5 of the Declaration of Rights of the Maryland Constitution, i.e., they are entitled to “the trial by Jury, according to the course of that [the common] Law . . .” as well as by Article 23 of the Declaration of Rights providing, inter alia, that *461there shall be no deprivation of life, liberty or property “but by the judgment of his peers . . . This right is also guaranteed in eminent domain cases by Article III, Section 40 of the Maryland Constitution. It is obvious that the right to trial by jury, first formally guaranteed in Magna Charta and guaranteed four times — either generally or in specific situations — in the Maryland Constitution is a valuable right, not lightly to be disregarded but to be “carefully guarded against infringement.” See 50 C.J.S. Juries § 9, at 722 (1947) and the many cases cited in the notes to § 9.
Most certainly a proceeding involving the determination of the amount of a penalty, not exceeding $1,000.00, and of damages for tortious action, not exceeding $1,000.00, is a “civil proceeding” and most likely will exceed $500.00. The citizen has the right to have a jury determine these amounts upon proper evidence in a court and under proper instructions by a court. As I see it, without this fundamental right, the citizen’s property is taken without the judgment of his peers and, indeed, without due process of law.
Alas, the majority opinion relegates the denial of trial by jury by the Act to a footnote (Footnote 12), stating that the Act makes no provision “for a de novo trial on appeal from the final action of the Commission” — which indeed it does not — and that this “does not constitute a deprivation of the right to a jury trial in violation of the Constitution of Maryland,” bidding us to “See” Branch v. Indemnity Insurance Co., 156 Md. 482, 144 A. 696 (1929); Thomas v. Penn. R. Co., 162 Md. 509, 160 A. 793 (1932); and Petillo v. Stein, 184 Md. 644, 42 A. 2d 675 (1945). When one examines these cases, however, it is discovered that they all involved the Workmen’s Compensation Law, which provided for a de novo trial on appeal with the right to a jury trial afforded. There is certain dicta in the three cases indicating that the absence of the right of trial by jury would not have rendered the Workmen’s Compensation Law unconstitutional m the theory that proceedings before the Industrial Accident Commission were not common law “civil proceedings, ” but were special statutory proceedings, unknown to the common law, and that the legislation establishing rights and amounts *462was in substitution and in lieu of previously established common law rights and procedure. As I read these cases, it is rather clear that, but for this aspect of the Workmen’s Compensation Law, the Act would have surely been declared unconstitutional if it had not provided for the right to a jury trial by a de novo appeal. See Branch, 156 Md. at 486-88, 144 A. at 697-98; Thomas, 162 Md. at 514-17, 160 A. at 795-96; and Petillo, 184 Md. at 648-49, 42 A. 2d at 677. Also see the strong dissenting opinion of Judge Offutt in which Judge W. Mitchell Digges concurred and the separate dissenting opinion of Judge Parke in the Thomas case, protesting against the dicta in Branch, in Frazier v. Leas, 127 Md. 572, 96 A. 764 (1916), and in Solvuca v. Ryan & Reilly Co., 131 Md. 265, 101 A. 710 (1917) that a jury trial, as known to the common law, is no longer “an indispensable prerequisite to the constitutionality of the Workmen’s Compensation Law.” As already indicated, there is a substantial and vital distinction between the Workmen’s Compensation Law — creating a new right and procedures unknown to the common law and in lieu of an established common law right — and a law establishing a Commission having the ability to fix the amounts of penalties and of damages resulting from tortious action, both well known to and arising out of the common law with no pretense that these “rights” are new and unknown to or in lieu of common law rights and practice.
As noted, the imposition of penalties is essentially a judicial function. Although described in § 93A-9(c) of the ordinance as a “civil” penalty, the penalty is actually punishment for violation of provisions of the ordinance or orders of the Commission in addition to the “criminal” penalty for the misdemeanor provided for in § 93A-44 of the ordinance. The provisions for the awarding of damages, termination of leases, payments for temporary substitute housing, and the ordering of repairs, return of security deposits and rental monies paid, in addition to being an exercise of judicial powers, appear to exhaust the possible “civil” remedies and leave the imposition of the “civil” penalty as punishment for disobedience rather than for “civil relief.”
*463Therefore, in my opinion, the “civil penalty” partakes sufficiently of a criminal character to bring into play the usual civil rights applicable to criminal proceedings. See Trop v. Dulles, 356 U. S. 86, 97-99, 78 S. Ct. 590, 596-97, 2 L. Ed. 2d 630, 640-41 (1958); Calder v. Bull, 3 U. S. (3 Dall.) 386, 1 L. Ed. 648 (1798).
In Trop, Chief Justice Warren, for a majority of the Supreme Court of the United States, stated:
“In deciding whether or not a law is penal, this Court has generally based its determination upon the purpose of the statute. If the statute imposes a disability for the purposes of punishment — that is, to reprimand the wrongdoer, to deter others, etc. — it has been considered penal.. . .
“The purpose of taking away citizenship from a convicted deserter is simply to punish him. . . . Here the purpose is punishment, and therefore the statute is a penal law.”
356 U. S. at 96-97, 78 S. Ct. at 595-96, 2 L. Ed. 2d at 639-40.
It is clear to me that the purported power given to the Commission by § 93A-9(c)(ii) to impose “a civil penalty, not in excess of $1,000, for the violation of any provision of this Chapter” (Emphasis supplied.) is intended to punish the violator. The compensatory provisions for the awarding of damages and the ordering of repairs follow in subparagraphs (iii) and (iv) of Subsection (c). Subparagraph (ii) is obviously intended to punish and deter, not to compensate. The full panoply of civil rights applicable to criminal proceedings therefore applies notwithstanding the word “civil” before penalty. See Trop and Calder, supra. Thus, for the additional reason that the Act does not purport to afford these civil rights when a penalty is sought to be imposed by the Commission, this provision of the Act is, in my opinion, unconstitutional.
Lest it be thought that the civil penalty and the damage provisions of the Act are of little financial consequence because of the $1,000 limitation, it should be observed that *464the penalty up to $1,000 may be imposed for “violation of any provision” of the Act and the “actual” damages up to $1,000 may be imposed “per affected dwelling unit” — “dwelling unit” being defined in the Act (§ 93A-4(f)) as “that portion of a multi-family building, structure or facility of two or more units which is designated, intended or arranged for use or occupancy as a residence by one or more persons. ” (Emphasis supplied.)
If the violation is a continuing one and if each day of continuance is deemed to be a violation, a person who had violated the Act for 150 days could be penalized up to $150,000.
If a landlord had an apartment complex containing 300 dwelling units, as defined, and maintained a “defective tenancy” defined as “any condition in a rental facility which constitutes a violation of the terms of the lease or any provision of this Chapter or constitutes a violation of any law, regulation or code” (íj 93A-4(e) — Emphasis supplied.), he might well have a violation common to all of the leases in the apartment complex so that the Commission would be empowered to impose an award of up to $300,000 — a rather ' tidy sum!
As already indicated, the opinions from the courts of Illinois, New Jersey, Massachusetts, Minnesota, Oregon, Utah and Washington, i.e., Ford v. Environmental Protection Agency, 9 Ill. App. 3d 711, 292 N.E.2d 540 (1973);3 Zahorian v. Russell Fitt Real Estate Agency, 62 N. *465J. 399, 301 A. 2d 754 (1973); Jackson v. Concord Co., 54 N. J. 113, 253 A. 2d 793 (1969); Massachusetts Commission Against Discrimination v. Franzaroli, 357 Mass. 112, 256 N.E.2d 311 (1970); State v. Bergeron, 290 Minn. 351, 187 N.W.2d 680 (1971); Williams v. Joyce, 4 Or. App. 482, 479 P. 2d 513 (1971); Wycoff Co. v. Public Service Commission, 13 Utah 2d 123, 369 P. 2d 283 (1962); and Rody v. Hollis, 81 Wash. 2d 88, 500 P. 2d 97 (1972), are, in my opinion, clearly inapplicable and unpersuasive in Maryland because of the different and unusual constitutional provisions in this State in regard to judicial power and its delegation. To repeat the words of Chief Judge Sloan in Dal Maso:
“There may be states in which it [delegation of judicial authority to administrative boards] can be done, but Maryland is not one of them.” 182 Md. at 205, 34 A. 2d at 466.
There are, however, two opinions of the highest courts of our sister states of New Mexico and North Carolina which are most persuasive in condemning as an unconstitutional delegation of judicial power the delegations here under discussion. These cases are State v. Mechem, 63 N. M. 250, *466316 P. 2d 1069 (1957) and State ex rel. Lanier v. Vines, 274 N. C. 486, 164 S.E.2d 161 (1968).
In Mechem, the Supreme Court of New Mexico held that a delegation by the legislature of that State to the Workmen’s Compensation Commission of the power to decide questions of fact between private litigants and to make decisions having the force and effect of judgments was an unconstitutional delegation of judicial power and violated the provisions of the Constitution of New Mexico in regard to judicial power and its delegation which are similar to the applicable provisions of the Maryland Constitution.4
The Court in Mechem stated:
“We think the function to be performed by the commission is clearly a judicial one. The commission is called upon to decide questions of fact between private litigants and is empowered to render decisions that have the force and effect of judgments.. . .”
“We repeat, the right to determine controversies between individual litigants stems from Section 1, Article 6 of New Mexico Constitution. This power rests alone with the courts. No case has been cited, and our search fails to disclose one having constitutional provisions comparable with Section 1, Article 6, which supports relators’ position. Possibly Maryland is the one exception, but there the commission cannot issue an enforceable *467judgment; the judgment must be that of the court to give it effect.”
63 N. M. at 253-55, 316 P. 2d at 1071-72.
In Lanier, the Supreme Court of North Carolina held that the power delegated by the legislature to the Commissioner of Insurance to determine a civil penalty was an unconstitutional delegation of judicial power. Justice Lake, for that court, aptly stated:
“The legislative authority is the authority to make or enact laws; that is, the authority to establish rules and regulations governing the conduct of the people, their rights, duties and procedures, and to prescribe the consequences of certain activities. Usually, it operates prospectively. The power to conduct a hearing, to determine what the conduct of an individual has been and, in the light of that determination, to impose upon him a penalty, within limits previously fixed by law, so as to fit the penalty to the past conduct so determined and other relevant circumstances, is judicial in nature, not legislative. . . .
“. . . One delegates his own authorities or powers, not those of another. A branch of the government, like an individual, may not delegate powers it does not have. The Legislature has, however, by this statute, undertaken to confer upon the Commissioner of Insurance a part of the judicial power of the State. . . .”
“Decisions of this and other courts to the effect that the Legislature may delegate to administrative officers and agencies its own power to prescribe detailed administrative rules and regulations, so long as the Legislature, itself, prescribes the broad principles and standards within which such administrative authority is to be confined . . . are *468not applicable to the present case. There, the question is whether the Legislature has sufficiently limited its own delegatee and thus has, itself, exercised the law-making power. Here, we are concerned with the extent to which the Legislature has undertaken to confer upon an administrative officer a power which the Legislature, itself, never had. Thus, we are not here concerned with whether the Legislature has or has not prescribed standards to guide and confine the administrative officer in his exercise of the power conferred....
“. . . [T]he Legislature has provided that when an insurance agent commits certain acts, or fails to do certain acts, such agent may, after a hearing, have inflicted upon him a civil penalty in an amount which may vary from a nominal sum to $25,000 for each such act or omission. Thus far, the statute is an exercise of the legislative power. . . . Obviously, however, someone must determine the amount of the penalty to be inflicted in each case. This application of the law, which has been enacted by the Legislature, to the facts found in a specific case, so as to make the penalty commensurate with the conduct of the agent in question, is of the essense of judicial power. . ..”
274 N. C. at 495-96, 164 S.E.2d at 166-67.
I think that Judge Moore put it well in his oral opinion when he stated:
“The Court finds great difficulty in characterizing these functions as being anything less than adjudicative and judicial in their nature.”
“Certainly, the award of damages and the determination of damages is essentially, historically, traditionally a judicial function.”
I would affirm Judge Moore in this regard.
*469(2)
§§ 93A-26(b) and 93A-27(c) in Regard to Two-Year Lease Terms.
Sections 93A-26(b) and 93A-27(c) require that all leases entered into after the effective date of the Act be offered for an initial term of two years, unless a reasonable cause exists for offering an initial term of other than two years.
Article 21, Section 8-402(b)(4) and (5) — formerly Article 53, Sections 7 and 8 — of the Maryland Code provides:
“(4) To What Tenancies Applicable; Time of Notices Not Applicable in Baltimore City; Exception in Montgomery County.
“The provisions of Section 8-402(b) [regarding notices to quit] shall apply to all cases of tenancies from year to year, tenancies by the month and by the week. In case of tenancies from year to year (including tobacco farm tenancies), a notice in writing shall be given three months before the expiration of the current year of the tenancy, except that in case of all other farm tenancies, the notice shall be given six months before the expiration of the current year of the tenancy; and in monthly or weekly tenancies, a notice in writing of one month or one week, as the case may be, shall be so given; and the same proceeding shall apply, so far as may be, to cases of forcible entry and detainer. This subsection (4), so far as it relates to notices, shall not apply in Baltimore City. Nothing contained in the laws relating to landlord and tenant contracts shall be construed as preventing the parties, by agreement in writing, from substituting a longer or shorter notice to quit than heretofore required or to waive all such notice, provided the property to which such contract pertains is located in any special taxing area, or incorporated town of Montgomery County.
“(5) Effect of Notice from Tenant to Landlord of Intention to Move; Exception as to Baltimore City.
*470“When the tenant shall give notice by parole [parol] to the landlord or to his agent or representatives, at least one month before the expiration of the lease or tenancy in all cases except in cases of tenancies from year to year, and at least three months’ notice in all cases of tenancy from year to year_ (except in all cases of farm tenancy, the notice shall be six months), of the intention of the tenant to remove at the end of that year and to surrender possession of the property at that time, and the landlord, his agent, or representative shall prove the notice from the tenant by competent testimony, it shall not be necessary for the landlord, his agent or representative to provide [prove] a written notice to the tenant, but the proof of such notice from the tenant as aforesaid shall entitle his landlord to recover possession of the property hereunder. This subsection (5) shall not apply in Baltimore City.”
Judge Moore held §§ 93A-26(b) and 93A-27(c) invalid as being in conflict with the above-quoted provisions of the Maryland Code. He stated:
“We read Article 53, secondly, as authorizing tenancy at will and at sufferance, tenancy for specific periods of time, tenancies up to three years. This is permitted by Article 53.
“In the Court’s judgment the requirement here in subsection (b) making it mandatory that they be offered for a specific period of time, two years, is a conflict of a direct nature.”
In my opinion, Judge Moore was correct.
Even though tenancies from year to year, by the month and by the week existed at common law, Article 21, Section 8-402(b)(4) and (5) and their predecessor statutes, recognize and permit leases for a definite term and provide statutory procedure for enforcing the rights of the landlord after a proper notice to quit is given. The tenancies existing at common law are thus by a pv^lic general law of the State *471recognized and permitted throughout the State. This, in my opinion, brings the matter within the purview of our statement in Mayor & City Council of Baltimore v. Sitnick & Firey, 254 Md. 303, 317, 255 A. 2d 376, 382 (1969). In Sitnick, Judge Finan, after a review of the Maryland cases, stated:
“A distillation of the opinions we have cited leaves the residual thought that a political subdivision may not prohibit what the State by general public law has permitted, but it may prohibit what the State has not expressly permitted.” (Emphasis in original.)
I would affirm Judge Moore in this regard also.
(3)
Dictum Indicating That Certain Parts of the Administrative Procedure Act (APA), Maryland Code Article II, Sections 2H-256A, Apply to Appeals From the Commission to the Circuit Court for Montgomery County.
The majority, after holding the civil penalty provision unconstitutional for lack of guides and standards,5 then proceeds by a most extraordinary dictum to indicate the “standard of judicial review” based upon part — but not all — of the provisions of § 255(g) of the APA! The majority states:
“In this connection, we note that judicial review of final actions of the Commission shall be by ‘appeal to the Circuit Court for Montgomery County in accordance with the Maryland Rules of Procedure for a review of such action.’ §§ 93A-25 and 93A-45. *472Undoubtedly, the Council contemplated that review of the Commission’s final action would be in accordance with Chapter 1100 of the Maryland Rules, Subtitle B, regulating appeals from administrative agencies, and authorizing the court to ‘affirm, reverse or modify the action appealed from, remand the case to the agency for further proceedings, or dismiss the appeal as now or hereafter provided by law.’ Rule B12. While neither the Act nor the Rules explicitly specify the substantive test to be applied in reviewing agency determinations, and the Administrative Procedure Act (APA), Maryland Code, Article 41, §§ 244-256A, is not by its terms applicable to county administrative agencies, Urbana Civic v. Urbana Mobile, 260 Md. 458, 272 A. 2d 628 (1971), we think the Council intended that the standard of judicial review be reconciled with that contained in § 255 (g) (l)-(5), inclusive, of the APA. See County Fed. S. & L. v. Equitable S. & L., 261 Md. 246, 274 A. 2d 363 (1971). Section 255(g), insofar as pertinent, provides:
‘The court may affirm the decision of the agency or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the petitioners may have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(1) In violation of constitutional provisions; or
(2) In excess of the statutory authority or jurisdiction of the agency; or
(3) Made upon unlawful procedure; or
(4) Affected by other error of law; or
(5) Unsupported by competent, material, and substantial evidence in view of the entire record as submitted;....’”
Omitted from the “standard of judicial review” under the *473Act are subparagraphs (6), (7) and (8) of § 255(g) of the APA, which provide:
“(6) Against the weight of competent, material and substantial evidence in view of the entire record, as submitted by the agency and including de novo evidence taken in open court; or
(7) Unsupported by the entire record, as submitted by the agency and including de novo evidence taken in open court; or
(8) Arbitrary or capricious.”
These omissions bode ill for appellants to the circuit court from the Commission’s awards and orders, particularly the omission of subparagraph (8) — “arbitrary or capricious” — inasmuch as the majority had previously indicated that the power of the court to find the Commission’s orders and awards to be “arbitrary or capricious” and thus to deny due process of law “saved,” as it were, the sketchy appeal provided by the Act, relying (improperly, in my opinion) on Johnstown Coal & Coke Co. v. Dishong, 198 Md. 467, 472-74, 84 A. 2d 847, 849-50 (1951), supra.
There is not a word in the Act which indicates that the APA, or any part of it, applies to appeals from final actions of the Commission to the circuit court. Sections 93A-45 entitled “Appeals” states:
“Any person aggrieved by a final action of the Commission rendered under this Article may appeal to the Circuit Court for Montgomery County in accordance with the Maryland Rules of Procedure for a review of such action.” (Emphasis supplied.)
It will be observed that appeals to the circuit court are from a “final action” by the Commission and the appeal by a “person aggrieved” is to be in accordance with the Maryland Rules of Procedure. By this provision of the Act, Maryland Rules B1 to B12, relating to “Administrative Agencies Appeal From” apply. These Rules do not provide for any “standard of judicial review” and, indeed, if they had tried to *474do this, would have been an attempt to provide for a substantive legal matter, beyond the constitutional authority given to this Court by Article IV, Section 18A of the Maryland Constitution to adopt Rules of Procedure. As one would expect, the “Subtitle B” Rules are concerned with “procedure” relating to appeals from administrative agencies and, by the provisions of Rule B1 a and b would have been applicable to any appeal provided in the Act whether or not specifically mentioned in the Act itself.
The majority quotes Rule B12, which provides that “[t]he Court shall affirm, reverse or modify the action appealed from, remand the case to the agency for further proceedings, or dismiss the appeal as now or hereafter provided by law” (Emphasis added.) and then indicates that it thinks “the Council intended that the standard of judicial review be reconciled” with the standard contained in Section 255(g)(l)-(5) only of the APA.
The majority recognizes — as it must — that the APA by its explicit terms in § 244(a) confines its application to State boards and commissions, with certain exceptions. We have properly held that the APA does not apply to the agencies of political subdivisions of the State. In Urbana Civic Ass’n v. Urbana Mobile Village, 260 Md. 458, 272 A. 2d 628 (1971), we held that the Maryland B Rules, regulating appeals from administrative agencies, cannot — and do not — grant any right of appeal and, further, that the actions of the Planning Commission of Frederick County and of the County Commissioners of Frederick County were not reviewable under the APA. Judge Digges, for a unanimous Court, stated:
“Nor are these actions reviewable under the Administrative Procedure Act since county agencies are not included within its provisions. Art. 41, §§ 244 and 255. Hyson v. Montgomery County Council, 242 Md. 55, 66, 217 A. 2d 578 (1966); Bernstein v. Bd. of Education, 245 Md. 464, 471, 226 A. 2d 243 (1967).”
260 Md. at 462, 272 A. 2d at 631.
*475Urbana Civic Ass 'n is cited in the majority opinion, but its holding is not followed. Neither is it overruled. The majority relies upon our decision in County Federal Savings & Loan Ass’n v. Equitable Savings & Loan Ass’n, 261 Md. 246, 274 A. 2d 363 (1971) which indicated that when a State agency is involved — in that case the Board of Building, Savings and Loan Commissioners — the provisions of the Maryland B Rules in regard to appeals, of Article 23, Section 161H relating to appeals from the Board, and of the APA should be “reconciled,” with particular reference to the scope of the de novo appeal provided in Article 23, Section 161H. This is a far cry, indeed, from “reconciling” the provisions of the APA with nonexistent provisions of the Act especially when the provisions of the APA itself do not apply at all, to the Commission, as expressly provided in the APA and by the prior decisions of this Court! In sum, what the majority has done, as I see it, is to indulge in “judicial legislation” of a most aggravated type, adding, if you will, a nonexistent provision in regard to the “standard of judicial review” to § 93A-45 of the Act, which, in my opinion, would read as follows if it had been done by the County Council:
“Upon review of such action, the Circuit Court for Montgomery County may, as provided in Code (1957, 1971 Repl. Vol.) Article 41, Section 255(g)(1) through (5), affirm the decision of the Commission or remand the case to it for further proceedings if the substantial rights of the person aggrieved may have been prejudiced because the Commission’s findings, inferences, conclusions, or decisions are: (1) in violation of constitutional provisions; (2) in excess of the statutory authority or jurisdiction of the agency; or (3) made upon unlawful procedure; or (4) affected by other error of law; or (5) unsupported by competent, material, and substantial evidence in view of the entire record as submitted.”
This, I suggest, is perhaps the “high watermark” of “judicial legislation” and is a rather lurid example of the *476exercise by this Court of legislative powers contrary to the express provisions of Article 8 of the Declaration of Rights of the Maryland Constitution. As I see it, the majority is permitting the Commission to exercise judicial powers while it exercises forbidden legislative powers. “Ships that pass in the night and speak to each other in passing,” 6 as it were.
I think applicable to this extraordinary addition to the Act by the majority is the statement of Chief Judge Prescott, for the Court, in Amalgamated Casualty Insurance Co. v. Helms, 239 Md. 529, 535, 212 A. 2d 311, 315-16 (1965):
“Of course, the cardinal rule of statutory construction is to seek and carry out the true intention of the Legislature. Casey Devel. Corp. v. Montgomery County, 212 Md. 138. And in so doing, it sometimes becomes necessary, under unusual circumstances, to look to the spirit and purpose of an enactment. Cearfoss v. State, 42 Md. 403; Bickel v. Nice, 173 Md. 1; Smith v. Higinbothom, 187 Md. 115. But Chief Judge Marbury very clearly pointed out in Clark v. Tawes, 187 Md. 195, that the rule that real intent must prevail over literal intent is adopted only when the literal words of a statute say something that the Legislature could not possibly have meant. He said that this Court has repeatedly stated that as a general rule a court may not surmise a legislative intention contrary to the plain language of a statute, nor insert or omit words to make the statute express an intention not evidenced in its original form. See also Pressman v. State Tax Comm., 204 Md. 78 and cases cited therein; and Fowel v. State, 206 Md. 101. And, if a statute be plain and free from ambiguity, its application may not be enlarged or extended by construction. Grimm v. State, 212 Md. 243.” (Emphasis supplied.)
*477I also have grave doubts that the County Council could have, itself, adopted the addition to § 93A-45 of the Act in regard to the APA, which the majority has supplied by “construction.” Inasmuch as the General Assembly has specifically held that the APA should apply only to State agencies, with certain exceptions, an enactment by the County Council of a part of the APA to be applicable to appeals from final actions of the Commission would appear to be in the teeth of the provisions of the APA — a public general law, and beyond the power of the County Council under the Express Powers Act. See Article XI-A, Section 3 of the Constitution of Maryland providing, in part, that where there is “any conflict between said local law [one passed by the legislative body of a chartered county] and any Public General Law now or hereafter enacted the Public General Law shall control.” See Heubeck v. Mayor & City Council of Baltimore, 205 Md. 203, 208-10, 107 A. 2d 99, 102-03 (1954).
In addition to all of the above, the question of the “standard of judicial review” was not raised below, passed upon or decided by the lower court, or briefed or argued before us. The majority would have done well, in my opinion, not to have considered the question for the first time in the majority opinion. Maryland Rule 885.
Chief Judge Murphy, for the Court, put it well in Small v. Secretary of Personnel of the State of Maryland, 267 Md. 532, 536-37, 298 A. 2d 173, 175 (1973) in stating:
“Small raises the additional question whether Article 64A is so vague and indefinite ‘as to make the entire Statute unconstitutional or not subject to construction.’ No argument whatsoever is advanced in support of the contention. Since the point was neither raised nor considered below, it is not properly before us. Maryland Rule 885.”
We stated in Baltimore County v. Letke, 268 Md. 110, 117, 299 A. 2d 781, 785 (1973):
“The County, for the first time on appeal, attempted to raise the questions in regard to possible indefiniteness of the terms of the contract *478and that Mr. Redmond did not have authority to bind the County to the contract. These points not having been raised or decided below will not be considered by ns on appeal. Maryland Rule 885.”
At least in Letke the appellant raised on appeal the questions not raised below and they were briefed and argued before us. As indicated, not even this was done in regard to the addition to the Act of the “standard of judicial review” via part of § 255 of the APA. This, like Athena, sprang full grown from the head of Zeus.
I am authorized to state that Judge Smith concurs with the views herein expressed.
. The only constitutional provisions in regard to separation and delegation of judicial powers which are comparable to the Maryland constitutional provisions in this regard appear to be those in the New Mexico Constitution. See State v. Mechem, 63 N. M. 250, 316 P. 2d 1069 (1957), infra.
. The argument, however, would not be sound in that judicial powers cannot constitutionally be delegated at all in view of the unique provisions of the Maryland Constitution, already mentioned, and our decision in the Dal Maso case.
. The force of the Ford case (decided by the Appellate Court of Illinois for the Third District) as a precedent is gravely impaired by the decision of the Appellate Court of Illinois for the Second District on May 2, 1973 (subsequent to the decision in the Ford case) in City of Waukegan v. Environmental Protection Agency, 11 Ill. App. 3d 189, 296 N.E.2d 102 (1973). The Waukegan case held that power delegated to the Illinois Pollution Control Board to impose a penalty or fine up to' $10,000 was an unconstitutional delegation of judicial power, specifically declining to follow the contrary decision in the Ford case. The Court stated in the Waukegan case:
“We believe, with due deference to the opinion of the Appellate Court, Third District, that the granting of power to the Illinois Pollution Control Board to impose a $10,000 fine is an unlawful delegation of the judicial powers to an administrative agency. We further believe that nothing is solved by labeling such a procedure *465quasi-judicial; nor is this power to fine a mere mathematical calculation on data from which all reasonable minds would reach the same result. The Board here imposed fines of $1,000 and $250. These amounts might have been doubled as one Board member suggested, or they might have been any other amount up to a limit of $10,000. The imposition of a discretionary fine is a distinctly judicial act and one that cannot be exercised by an administrative body. Gradual erosion of the judicial power of the State in favor of administrative bodies endangers our system of government. There is no question by that the Illinois Pollution Control Board may hold hearings and make factual determinations; however, the imposition of a discretionary fine and the collection thereof must necessarily be a matter of judicial determination by a court.”
11 Ill. App. 3d at 195, 296 N.E.2d at 107.
In view of the decision of the Supreme Court of Illinois in Reid v. Smith, 375 Ill. 147, 30 N.E.2d 908, 132 A.L.R. 1286 (1940), holding that the grant of power to the Illinois Department of Labor to impose a penalty of $10.00 a day for each laborer not receiving the prevailing wage provided for under the_ prevailing wage law was unconstitutional as an attempt to confer judicial power on the Department of Labor in violation of the provisions of the Illinois Constitution, the probabilities are that the Supreme Court of Illinois will adopt the reasoning in the Waukegan case rather than that in the Ford case.
. Article 3, Section 1 of the New Mexico Constitution provides:
“The powers of the government of this state are divided into three distinct departments, the legislative, executive and judicial, and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments, shall exercise any powers properly belonging to either of the others.....”
Article 6, Section 1 of the New Mexico Constitution commits the judicial power of that state to designated courts.
. Adequate “guides and standards” are required for the constitutionality of the delegation of legislative powers by the General Assembly since otherwise the General Assembly would be delegating to an administrative body the “power to legislate” given only to the General Assembly by Article III of the Maryland Constitution. Bradshaw v. Lankford, 73 Md. 428, 21 A. 66 (1891). The requirement of adequate guides and standards has no application to attempted delegation of judicial powers which cannot be delegated by a legislative body at all — such a body not having judicial powers to delegate. State ex rel. Lanier v. Vines, supra, 274 N. C. at 495, 164 S.E.2d at 166.
. Longfellow, Tales of a Wayside Inn, “The Theologian’s Tale: Elizabeth IV.”