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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 17   View pdf image (33K)
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CITY or BALTIMORE. 17

the city, and may make due and proper arrangements and agreements for
the renewal and extension, in whole or in part, of any and all debts and
obligations created according to law before the adoption of this Constitu-
tion. 1

Subject only to exceptions set forth in this section, no debt can be created in
behalf of City of Baltimore unless authorized by Act of Assembly and approved
by majority of voters. Legislature may prescribe procedure, etc., for submission
of question to voters; method so prescribed must be followed. Act of 1920, ch.
373, contemplated one interest rate only. Exhaustion of city's power under act.
Taxpayer may enjoin sale of stock. Stanley v. Baltimore, 146 Md. 290.

This section does not require act or ordinance to fix interest rate; delegation
by Baltimore to Finance Commissioners. Baltimore Airport Loan validly sub-
mitted to voters. Stanley v. Baltimore, 146 Md. 277, and Thom v. Baltimore,
154 Md. 273. reviewed. Douty v. Baltimore, 155 Md. 131.

Word "debt" includes interest where ratifying ordinance specifies rate of in-
terest, periods at which it is payable, etc.; Legislature may not thereafter em-
power Mayor and City Council to change interest rate. Thom v. Baltimore,
154 Md. 277 (cf. dissenting opinion).

Act authorizing debt must have legislative approval before ordinance pro-
viding for same can be submitted to the voters. Baltimore v. Supervisors, 156
Md. 197.

Ch. 328, 1927, and ordinance submitting loan for library fully complied with
provisions of this section. Johnson v. Baltimore, 158 Md. 93.
Cited but not construed in Browne v. Baltimore, 163 Md. 217.

ARTICLE XIA.

LOCAL LEGISLATION.
Sec. 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changing salary fixed by School Board superseded action of board; Charter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. 188, 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. 8SA, 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. Baltimore, 167 Md. 419.

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

Sec. 2.

Idea that City of Baltimore stands in place of and has all power that Legis-
lature 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, Code, void under this article. State v. Stewart, 152 Md. 420.

i Thus amended by act of 1933, ch. 456, and ratified by the people November, 1934.


 

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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 17   View pdf image (33K)
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