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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1658   View pdf image (33K)
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1658 ARTICLE 43.

pleteness of a public system of water supply, sewerage or refuse disposal
in any County, municipality, district, sub-division or locality is, in the
opinion of the State Board of Health, sufficiently prejudicial to the health
or comfort of that or any other County, municipality, district, sub-division
or locality; then the State Board of Health may issue an order to the effect
that a public system of water supply, sewerage or refuse disposal shall be
installed and put into operation, or the existing system completed, in that
County, municipality, district, sub-division or locality, within a specified
time; or the Board may order the installation of such devices or the insti-
tution of such, methods, and enforce such measures or regulations, as it may
deem proper under the circumstances.

Act of 1914, ch. 810, is valid under the police power. While the construction of a
sewerage system is in one sense a work of internal improvement, it is not such a
work as is within the prohibition of art. 3, secs. 54 and 34, of the Md. Constitution.
Since the case at bar in no wise affects Baltimore city, its debt-incurring power need
not be considered; an act may be constitutional in part and unconstitutional in
part. Act of 1914 does not attempt to invest state board of health with power to
issue bonds, pledge credit of any county, incur indebtedness or levy any tax upon
property in any county; this power rests solely with county commissioners. While
the order of board of health is mandatory upon county commissioners, it is not so
as to manner in which it shall be carried out or as to how its execution shall be paid
for. While' the reasonableness of exercise by state board of health of power con-
ferred upon it by act of 1914 is always open to question, the action of the board
in this case was not arbitrary or unreasonable. Case remanded. Welch v. Coglan,
126 Md. 10; Ludwig v. Baltimore County, 131 Md. 352.

An. Code, sec. 276. 1914, ch. 810, sec. 8.

335. After April 16, 1914, the State, a County, municipality, district,
corporation, company, institution, or person shall not install a system of
water supply, sewerage or refuse disposal, for public use, nor materially
alter or extend any such existing system, without having received a written
permit from the State Board of Health so to do; nor shall any permit for
this purpose be issued until complete plans and specifications for the instal-
lation, alteration or extension, together with such information as the State
Board of Health may require, have been submitted and approved by the
Board. All construction shall take place in accordance with the approved
plans. In case it shall become necessary or desirable to make material
changes in plans or specifications, such changed plans or specifications,
together with a statement of the reasons for the alterations, shall be sub-
mitted to the State Board of Health, and no material changes shall be em-
bodied in the actual construction until they are approved by the Board and
a permit issued therefor. After completion of the work a certified copy of
the plans in full, showing the work as built, shall be filed with the State
Board of Health for permanent record. The State Board of Health shall
be empowered to make and enforce such rules and regulations regarding the
submission of plans for approval and record as it may deem reasonable and
proper. Before plans are drawn, or application filed, for a prospective
system of water supply, sewerage or refuse disposal, a preliminary state-
ment concerning the improvement may be made to the State Board of
Health, whereupon the State Board of Health shall, if requested, outline
the general requirements of the case conformity with which would meet with
the Board's approval. Whenever application shall be made to the State

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1658   View pdf image (33K)
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