BALTIMORE CITY. 877

FRANCHISES.

1898, ch. 123.

7. The title of the Mayor and City Council of Baltimore, in and to its
water front, wharf property, land under water, public landings, wharves
and docks, highways, avenues, streets, lanes, alleys and parks, is hereby
declared to be inalienable.

Townsend, Grace & Co. v. Epstein, 93 Md. 537. Purnell v. McLane, 98 Md. 591.
Brauer v. Refrigerating Co., 99 Md. 380. Cf., Westminster Water Co. v. West-
minster, 98 Md. 551. Minor Privilege Cases, 131 Md. 600.

1904, ch. 616. 1906, ch. 152.

8. The Mayor and City Council of Baltimore may grant for a limited
time and subject to the limitations and conditions contained in this Char-
ter, specific franchises or rights in or relating to any of the public prop-
erty or places mentioned in the preceding section; provided that such
grant is in compliance with the requirements of this Charter, and that
the terms and conditions of the grant shall have first been authorized and
set forth in an ordinance duly passed by the city. Every such grant shall
specifically set forth, define the nature, extent and duration of the fran-
chise or right thereby granted, and no franchise or right shall pass by
implication under any such grant; and, notwithstanding any such grant
the Mayor and City Council of Baltimore shall at all times have and,
retain the power and right to reasonably regulate in the public interest
the exercise of the franchise or right so granted; and the said Mayor and
City Council of Baltimore shall not have the power by grant or ordinance
to divest itself of the right or power to so regulate the exercise of such
franchise or right. But no franchise shall be granted for the erection
on any of the streets, lanes or alleys, of the said city of any awning poles,
posts, hitching posts, barber poles, railings, stepping stones, sign posts,
horse troughs, clocks, stands of any character, or cellar doors or coal holes,
unless the same be flush with the pavement; nor shall any franchise be
granted for an open area, unless the same is used as a means of entrance
to buildings used primarily for purposes of residence, and only in such
case when the same does not extend more than three and one-half feet
from the building line.

Townsend. Grace & Co. v. Epstein. 93 Md. 537. Purnell v. McLane, 98 Md. 589.
Simon's Sons v. Md. Telephone Co., 99 Md. 141. Brauer v. Refrigerating Co., 90
Md. 380. Storck v. Baltimore City, 101 Md. 476.

In relation generally to franchises granted by the municipality, see,

Baltimore T. Clunet, 24 Md. 469. N. Balto. Pass. R. R. Co. v. N. Ave. Ry. Co.,
74 Md. 243. X. Balto. Pass. R R. Co. v. Baltimore, 74 Md. 250. Bonaparte v. Lake
Rol. Ely. R. R. Co.. 75 Md. 340. Lake Rol. Elv. R. R. Co. v. Balto.. 77 Md. 372-379.
State ex rel. v. Latrobe, 81 Md. 222. Park Tax Case. 84 Md. 1. Hooper v. Balto.
City Pass. Ry. Co.. 85 Md. 509. Bear Creek Co. v. Baltimore City. 87 Md. 84.
Baltimore City v. N. C. Ry. Co.. 88 Md. 691. Ches. & Pot. Telephone Co. v. Baltimore
City, 89 Md. 689. Mealy v. Mayor of Hagerstown, 92 Md. 752. Balto. County Water
Co. v. Baltimore. 95 Md. 242. Consolidated Gas Co. v. Schreiber, 99 Md. 403. Re-
ferred to in The Patapsco Electric Co. y. M. & C. C., 110 Md. 310. Minor Privilege
Cases, 131 Md. 600.