CITY OF BALTIMORE. 145

office shall commence on the first Monday of November succeeding his
election, and shall continue for two years, and until his successor shall have
qualified.1

The fact that the Constitution mentions and recognizes the municipal corpora-
tion of Baltimore city does not make the charter of that city a constitutional one
so as to place it beyond the legislative power; nature of municipal corporations.
Baltimore v. State, 15 Md. 462.

This section and secs. 2, 7, 8 and 9, referred to in construing the Baltimore city
charter (act of 1898, ch. 123), and in determining the power of the board of esti-
mates, the city council and the mayor thereunder. Baltimore v. Gorter, 93 Md. 5.

This section referred to in construing art. 15, sec. 3, and art. 4, sec. 42—see notes
to the former. Smith v. Thursby, 28 Md. 257. (See, also, dissenting opinions in this
case.)
See art. 3, sec. 2, and art. 4, sec. 27, et seq., Md. Constitution.

Sec. 2. The City Council of Baltimore shall consist of two branches,
one of which shall be called the First Branch, and the other the Second
Branch, and each shall consist of such number of members, having such
qualification, receiving such compensation, performing such duties, pos-
sessing such powers, holding such terms of office, and elected in such
manner, as are now, or may hereafter be prescribed by Law.
See notes to sec. 1.

Sec. 3. An election for members of the First Branch of the City Council
of Baltimore shall be held in the City of Baltimore on the Tuesday after
the first Monday of November in every year; and for members of the
Second Branch on the Tuesday after the first Monday of November eight-
een hundred and eighty-nine, and on the same day in every second year
thereafter; and the qualification for electors of the members of the City
Council shall be the same as those prescribed for the electors of Mayor.1
See notes to sec. 1.

Sec. 4. The regular sessions of the City Council of Baltimore (which
shall be annual), shall commence on the third Monday of January of each
year, and shall not continue more than ninety days, exclusive of Sundays;
but the Mayor may convene the City Council in extra session whenever,
and as often as it may appear to him that the public good may require, but
no called or extra session shall last longer that twenty days, exclusive of
Sundays.

Sec. 5. No person elected and qualified as Mayor, or as a member of the
City Council, shall, during the term for which he was elected, hold any
other office of profit or trust, created, or to be created by the Mayor and
City Council of Baltimore, or by any Law relating to the Corporation of
Baltimore, or hold any employment or position, the compensation of which
shall be paid, directly or indirectly, out of the City Treasury; nor shall
any such person be interested, directly or indirectly, in any contract to
which the City is a party; nor shall it be lawful for any person holding
any office under the City, to be interested, while holding such office, in
any contract to which the City is a party.

1 Thus amended by the act of 1888, ch. 397.