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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 137   View pdf image (33K)
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[Art. 11A] LOCAL LEGISLATION 137

Baltimore city charter adopted under this article, upheld. Provision of this article
as to the newspapers in which the charter was to be published not so far manda-
tory as to render the charter after its adoption subject to attack on that ground, in
the absence of proof that the failure. to comply strictly with the constitutional pro-
vision affected the vote on the adoption of the charter. Charter held to have been
submitted to the qualified voters of the city. Amendment of the charter held not to be
in excess of the power conferred by this article. Taxation of property in section an-
nexed to Baltimore city by act of 1888. Williams v. Broening, 135 Md. 229; Jones
v. Broening, 135 Md. 239.

Extract from answer of Baltimore city to suit for refund under the act of 1920, ch. 431,
of unused liquor license, relying upon this article, quoted. Engel v. Baltimore, 140
Md. 288.

Intent and scope of this article not involved—see notes to art. 27, sec. 560. Levering
v. Supervisors of Elections, 137 Md. 290.

1 This article referred to in overruling contention that Ordinance of Estimates changing
salary fixed by School Board superseded action of board; Charter of Baltimore City
may be amended only as outlined in sec. 5 of this article. See notes to art. 77, sec. 182,
of Code. Graham v. Joyce, 151 Md. 307.
This article does not authorize City of Baltimore to repeal law authorizing Governor
to appoint auctioneers in said city and that they shall pay license fees, etc., to State.
What is a "local" law. Gaither v. Jackson, 147 Md. 656.

See notes, to art. 4, sec. 39, of Constitution.

Ch. 287, 1931, conferring authority on Baltimore City to take referendum vote on
ordinance regulating Sunday observance is valid even if not clothed in the form of
an addition to Charter powers. Ness v. Baltimore, 162 Md. 529.

Ch. 702 of 1927, authorizing Commissioners of Montgomery County to license
and regulate graveyards not contrary to this article, since county had not adopted
county charter. Gordon v. Montgomery County, 164 Md. 215.

Art. 88A, secs. 21-31 (Mothers' Relief) are not in violation of this article. Baltimore
v. Fuget, 164 Md. 340.

The assessment of property in Baltimore City for State taxation is not a proper
subject of legislation by the city under the provisions of this article. Denhard v. Balti-
more, 167 Md. 419.

Cited but not construed in Billig v. State, 157 Md. 191.

Ch. 94, 1937, relating to purchase of voting machines in Baltimore City, is not "local"
law within meaning of this Article. Norris v. Baltimore, 172 Md. 682.

See art. 25A, An. Code.

Sec. 2. The General Assembly at its first session after the adoption of
this amendment shall by public general law provide a grant of express
powers for such County or Counties as may thereafter form a charter under
the provisions of this Article. Such express powers granted to the Counties
and the powers heretofore granted to the City of Baltimore, as set forth in
Article 4, Section 6, Public Local Laws of Maryland, shall not be enlarged
or extended by any charter formed under the provisions of this Article,
but such powers may be extended, modified, amended or repealed by the
General Assembly.

Idea that City of Baltimore stands in place of and has all power that Legislature
could exercise in Baltimore City negatived by this section. Nothing in Charter of
Baltimore authorizes it to delegate or transfer legislative powers delegated to it to any
other agency. See notes to art. 23,. Declaration of Rights. Tighe v. Osborne, 149 Md. 360.

Art. 56, sec. 210, 1924 Code, void under this article. State v. Stewart, 152 Md. 420.

See notes to sec. 1.

Sec. 3. Every charter so formed shall provide for an elective legislative
body in which shall be vested the law-making power of said City or County.
Such legislative body in the City of Baltimore shall be known as the City
Council of the City of Baltimore, and in any County shall be known as the
County Council of the County. The chief executive officer, if any such
charter shall provide for the election of such executive officer, or the pre-
siding officer of said legislative body, if such charter shall not provide for
the election of a chief executive officer, shall be known in the City of Balti-
more as Mayor of Baltimore, and in any County as the President of the
County Council of the County, and all references in the Constitution and
laws of this State, to the Mayor of Baltimore and City Council of the City


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 137   View pdf image (33K)
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