BALTIMORE CITY. 895

the amounts fixed by the Board nor insert new items in the proposed

ordinance. When said proposed ordinance, embracing said estimates,
shall have been duly passed by the City Council and approved by the
Mayor, it shall be known as the "Ordinance of Estimates for the year
.............," and said several sums shall be and become appropriated,

after the beginning of the next ensuing fiscal year, for the several pur-
poses therein named, to be used by the City Council, departments, sub-
departments, municipal officers not embraced in a department, and special
commissions or boards therein named, and for no other purposes or uses
whatever. The City Council shall not have the power, by any other or
subsequent ordinance or resolution, to enlarge any item contained in said
ordinance after the same is duly passed, nor shall the City Council, by
any subsequent ordinance or otherwise, appropriate any sums of money
to, be used for the next ensuing fiscal year, for any of the purposes em-
braced in said Ordinance of Estimates. No appropriation provided for
in said ordinance shall be diverted or used under any circumstances for
any purpose than that named in said ordinance, nor shall the Comptroller
draw any warrant for any of the items in said Ordinance of Estimates
unless he has received said amounts and they are actually to the credit
of the City Council and such department, sub-department, officers, com-
missioners, or boards. No temporary loan shall be authorized or made
to pay any deficiency arising from a failure to realize sufficient income
from revenue and taxation to meet the amounts provided in said Ordi-
nance of Estimates but the City Council may temporarily borrow money
for its use in anticipation of the receipts of taxes levied for any year.
In case of any such deficiency there shall be a pro rata abatement of all
appropriations, except those for the payment of State taxes and the prin-
cipal and interest of the city debt, and such amounts as are fixed by law
and contained in said ordinance; and in case of any surplus arising in
any fiscal year by reason of an excess of income received from the esti-
mated revenue over the expenditures for such year, the said surplus shall
become a part of the annual revenue of the city, and shall be available for
the general expenditures of the city for the next ensuing fiscal year.

Baltimore City v. Gorter, 93 Md. 1. Skinner Dry Dock Co. v. Baltimore, 96 Md.

37. Callaway v. Baltimore City, 99 Md. 315. Brauer v. Refrigerating Co., 99 Md.

369.

Party obtaining judgment against the city cannot have mandamus to levy a
special tax. Must wait until provision is made in the next Ordinance of Estimates.
Kinlein v. Baltimore, 118 Md. 576.

The park fund under existing laws is to be applied to park purposes only, and
to be expended and distributed for such purposes by the Board of Park Commis-
sioners ; and the fact that they had submitted estimates to the Board of Esti-
mates, and spent no moneys not so approved by the Board of Estimates does not
estop the Park Commissioners from claiming the right to an injunction to restrain
the diversion of the park fund to other purposes.

Baltimore v. Williams, 124 Md. 502.

The legislature has the right by law to impose upon the city a portion of the ex-
pense of supporting the Public Service Commission. The Act involved in this case
provided for a salary of $3,000.00 to be paid by the State and an additional
$3,000.00 to be paid by the City of Baltimore.

Thrift v. Laird, 125 Md. 55.