Farmers & Planters Co. v. Mayor of Salisbury

Stockbrxdge, L, delivered the opinion of the Court. The Maryland General Assembly of 1912, by Chapter 636, made certain amendments to the Charter of Salisbury. The one with which this case has to do is found in Section 158E, and is contained in the following grant of power: “The Mayor and Council of Salisbury shall have power to pass all by-laws and ordinances not contrary to law, as they may deem necessary for the good government of the city to preserve the health, peace and safety and well-being of the inhabitants, and the protection of property thereof; to prevent and remove all nuisances and obstructions from the streets, etc. * * * to regulate the construction or repairing of-buildings, specifying the materials of which the same shall be built, and the granting of permits for the construction and repairing of buildings, and to require a reasonable fee for issuing such permit; * * * The Mayor and Council are further authorized generally to pass all necessary by-laws and ordinances not contrary to law for preservation of health, comfort, convenience, morals, cleanliness, peace and good order of the community, and for the protection of the lives and property of the citizens and inhabitants of said city, and for the suppression, abatement and discontinuance of nuisances within the limits of said city; for the purpose of carrying out the aforegoing powers the Mayor and Council may pass any and all ordinances and by-laws from time to time deemed necessary, and may enforce and insure the observance of such by-laws and ordinances in addition to the usual action of debt or such other civil remedies as may exist in such cases by law for the recovery of fees, fines and penalties thereto affixed; they may affix thereto reasonable penalty for default of payment of any fine and cost imposed for a violation of any ordinance or by-law.” ⁶¹⁹ Acting under this grant of power, the Major and Council of Salisbury enacted the following ordinance: “An ordinance to regulate the erection or rebuilding of buildings in the City of Salisbury, Maryland, and the granting of permits therefor. “Whereas, the Mayor and Council of Salisbury desires to preserve the health, safety and well-being of the inhabitants of Salisbury. “Section 1. Be it enacted and ordained by the Mayor and Council of Salisbury, Maryland, That no person or persons, firm or corporation, shall erect or repair any building within the corporate limits of Salisbury without first making an application and receive a permit to do so from the Mayor and Council of Salisbury, and which application shall be accompanied by a fee of one dollar, which shall be the fee for every permit so granted, and said application shall be in writing, stating the proposed location, the size of the proposed building and the materials to be used, and the purpose for which it is to be used, and any person or persons who shall violate the provision of this ordinance shall upon conviction thereof before the Police Justice of Salisbury be fined the sum of $25.00 and the fui’ther sum of $5.00 for each and every day from the date the building is commenced, and upon the failure to pay said fine or fines and costs shall be committed to the county jail until fine or fines and costs are paid.” The Farmers and Planters Company, the appellant, in conformity with the provisions of this ordinance, made an application to the Mayor and Council of Salisbury for a, permit for the erection of an addition to a building on the west side of Mill Street, “to be used for the purpose of storing, mixing and bagging fertilizers; the front building to be 70 feet by 225 feet, two stories high.

The basement walls and underpinning to be of concrete and be 18 inches thick; the walls of the first story to be about 14 inches thick ⁶²⁰ and the walls o£ the second and third stories to be about 14 inches thick. The roof to be of slate surfaced. Flues to start from the ground and to be at least 17 inches by 17 inches wide.” Some correspondence subsequently took place between the officers of the company and the town officials of Salisbury, which terminated in a refusal of the application, and the