Commissioners of Easton v. Covey

Miller, J., delivered the opinion of the Court. Covey, the appellee, applied to the Commissioners of Easton under an ordinance passed by them, for a permit to erect a frame stable on his lot on Harrison street in that town, in addition to the livery stable which he then had thereon, and tendered the sum of one dollar which the ordinance prescribed for every permit granted. The Commissioners refused to grant the permit. He then applied to the Circuit Court for a mandamus to compel ²⁶⁶ them to so do.' The Commissioners in their answer say in substance, that under the ordinance referred to, no person has the right to erect any building in that town without a permit from them, and they have the discretion to.grant or refuse a permit in any given case^ that while they have no desire or intention to embarrass the petitioner in the prosecution of his business, yet in their judgment a due regard to the safety of property and the best interests of the town, require them’ to refuse this permit, and they have accordingly after due consideration refused it.

The case w^as heard Tipon petition and answer, and the Court ordered a peremptory mandamus to issue. From that order the Commissioners have taken this appeal. The questions presented are: 1st, has the Legislature granted to the appellants the power to pass an ordinance requiring permits for the erection of buildings in the town of Easton ? 2nd. Does the ordinance which they have passed on the subject, vest them with the discretion to grant or refuse permits in any given case ?

Upon neither of these questions do we entertain any doubt. The inhabitants of Easton were incorporated by the Legislature as a body politic by the name of “The Commissioners of Easton,” and first among the powers granted to the Commissioners was that of making such “ordinances as they may deem necessary and beneficial to said town.” Code, Public Local Laws, Art. 21, sec. 52. Under this power they passed an ordinance entitled an ordinance “to regulate the erecting of netv buildings within the limits of Easton.” This ordinance provides that “it shall not he lawful for any person or persons to erect or build any dwelling-house, barn, shed, stable, storehouse, warehouse or shop, within the limits of this town, or any porch on any part of the sidewalks, without first obtaining a permit from the Commissioners of the town through their clerk, to' erect the same, for which the ²⁶⁷ sum of one dollar shall be paid for each and every permit so granted, the same to be applied to the general expenses of the town, and any person or persons who shall violate the -provisions of this ordinance, shall, upon conviction thereof before a justice of the peace, be fined five dollars for each and every day from the date the building is commenced.” We think it very clear that under a general power to pass such ordinances as the Commissioners may deem necessary and beneficial to the town, the Commissioners may pass any ordinance which they may judge necessary and beneficial, and it will be valid provided it be reasonable and consonant with the general powers and purposes of the corporation, and not inconsistent with the laws and policy of the State. 1 Dillon Mun. Corp., secs. 316, 319; Harrison vs. Mayor and C. C. of Balto., 1 Gill, 264 ; Mayor, &c. of Balto. vs. Radecke, 49 Md., 228 .

We find nothing in the subsequent special grants of power such as to cause nuisances to be abated, and all obstructions in the streets, lanes and alleys to be removed, to cause the streets, lanes and alleys-to be straightened and widened, and other like special powers, manifesting an intent thereby to limit or qualify the legitimate operation of the general clause. We also think it equally clear, that an ordinance passed under this