Mayor of Baltimore v. Gamble

Thomas, J., delivered the opinion of the Court. The bill of complaint j in this case is like the one filed in Ho. 25 Appeals-, Jan. Term, 1918 (ante, p. 442), and prays that Ordinance Ho. 262 of the Mayor and City Council of Baltimore, approved June 1st, 1917, “and each and every part thereof,” be declared null and void, and that the Mayor and City Council of Baltimore and John D. Blake, Commissioner of Health, be enjoined from enforcing or attempting to enforce the same. The bill was filed in the Circuit Court for Baltimore-County on Hovember 8th, 1917, and on the same day that Court granted a preliminary injunction as prayed. Thereafter the defendants, appeared for the purpose of filing a plea to the jurisdiction of the Court, and then brought this-appeal from the order of the Court granting the injunction.

Section 86 of Article 16 of the Code provides: “Each of the circuit judges may grant injunctions, or pass orders or decrees in equity, at any place in his circuit, to- take effect in any part of his circuit, and may require in writing the-original papers in any case, or abstracts and transcripts to be produced before him, wherever he may be in his circuit.” The ordinance provides, among other things, that a producer of milk, who desires to- sell the same in Baltimore City, must obtain a permit, and as one o-f the conditions for obtaining the permit he must consent to- an