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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 1016   View pdf image (33K)
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1016 ARTICLE 4.

MARKETS.

Police Power. The right to regulate markets is a police power.
State v. Rowe, 72 Md. 548.

MAYOR AND CITY COUNCIL OF BALTIMORE.

Nature of the Corporation. The Mayor and City Council of Baltimore are but
trustees of the public; the tenure of their office impresses their ordinances with
liability to change. They could not, if they would, pass an irrevocable ordinance.
The corporation cannot abridge Its legislative powers.

State v. Graves, 19 Md. 351. Lake Roland Elv. R. R. Co. v. Balto., 77 Md. 352.

Public Convenience and W elfare. When the power is conferred upon the Mayor
und City Council of Baltimore to do certain acts when, in its opinion, "the public
convenience and welfare require it,'' its judgment upon the question is final.
Mayor, &c., of Balto, v. Clunet, 23 Md. 450.

ORDINANCES.

Compilation of Ordinances. It is competent for a municipal legislature by a
single ordinance to declare any compilation of ordinances or proposed ordinances
to be in force, in the absence of a statutory prohibition.

Garrett v. Janes, 65 Md. 260.

Construction of Ordinances. A municipal corporation may pass an ordinance
within the limits of its delegated powers, contingent as to its operation and effect
on the existence or occurrence of facts germane to its subject-matter. The same
general rules of construction which govern the interpretation of Acts of the Legis
lature are equally applicable to the legislative acts of a "municipal corporation.

Mayor v. Hughes, 1 G. & J. 480. State ex rel. Mayor v. Kirkley et al., 29 Md. 85.

General Ordinances. Rights of a citizen under general ordinances—When a citi-
zen is entitled to certain rights under a general municipal ordinance, he cannot be
deprived of them by a resolution of the City Council which excepts him from the

operation of the ordinance, but leaves it in force.

Gallagher v. Flury, 99 Md. 181.

Injunction—Court will not interfere with exercise of legislative power.
Broening v. Raley, 156 Md. 605.

New Charter—Its effect upon existing ordinances.

Bostock v. Sams, 95 Md. 400.

Ordinance of Estimates. Powers of City Council and Board of Estimates In rela-
tion thereto under the New City Charter.

Baltimore City T. Gorter, 93 Md. 8.

Ordinances. An ordinance has all the force of statute law upon the City itself
and all its citizens, and it can no more be ignored by the municipal corporation or
any of its branches of government, than it could be by the humblest citizen.
Bond v. Malster, Daily Record, July 6, 1899.

Preamble of Ordinance or Statute, may be a key to its proper construction and
interpretation.

Mayor v. Moore, 6 H. & J. 381.

Recitals in Ordinances of Basis of Power Unnecessary. Where the power actually

exists to pass an ordinance, no power need be stated therein as its basis.

Methodist Protestant Church v. Mayor, &c., 6 Gill. 391. Baltimore v. Ulman, 79
Md. 384.

Repealing Ordinances. A repealing ordinance cannot affect or destroy any right

which was acquired under the first ordinance before its repeal.
McMecum v. Mayor, 2 H. & J. 41; 3 H. & J. 534.

Same. Priority Between Ordinances. Repeal of ordinances by implication.
Smyrk v. Sharp, 82 Md. 97.

 

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Code of the Public Local Laws of Maryland, 1930
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