Mayor of Baltimore v. Johnson

Miller, J., delivered the opinion of the Court. There is at least one fatal objection to the validity of the tax, the collection of which was restrained by the injunction granted in this case, and that is that the City Commissioner advertised for proposals to do the work in one newspaper only, when the ordinance required that he should advertise in three. The work was done under a special ordinance passed in conformity with the Act of 1814, ch. 218, and approved on the 30th of April, 1880. This ordinance authorizes and directs the City Commissioner “to have all that part of Covington street from its present paved terminus at or near Warren street, to Cross street, graded, paved and kerbed, in pursuance of the Act of Assembly, chapter 218, of 2d of April, 1814, and according to the provisions of ordinance Ho. 44 of the 4th of June, 1814, providing for the grading, gravelling, shelling, kerbing and paving of streets, lanes and alleys in the City of Baltimore so far as the same may be applicable.” How one of the provisions of this general ordinance Ho. 44 thus undoubtedly applicable, is that in the sixth section, which declares that the City Commissioner, after he has determined upon doing the work, “ shall give ten days notice in three news ²²⁸ papers that proposals will he received for doing the same,” and then provides that “the said proposals shall be opened in the Mayor’s office and the contract shall be awarded to the lowest responsible bidder.” Nothing can be plainer than that advertising in one newspaper only, is not a substantial compliance with this requirement.

It is also obvious that this is not