Mayor of Baltimore v. Lyman

Briscoe, ]., delivered the opinion of the Court: The question in this case being one of public importance and being a matter affecting the Public School System of Baltimore City, we announced our decision in the case shortly after the argument in a per curiam order. We will now state the reasons for the conclusion reached by us at that time. It is admitted that the record of the case presents but a single question of law for our consideration and that is, whether the Superintendent of Public Instruction in the City of Baltimore isa municipal official, within the meaning and intent of the city charter. ⁶¹⁰ The twenty-sixth section of the charter (Acts of 1898, chapter 123), provides that no person shall at any time hold more than one office yielding pecuniary compensation under the Mayor and City Council of Baltimore. All municipal officials, except females, shall be registered voters of the city of Baltimore.

The facts of the case are few and are not disputed. Briefly stated they are as follows : The Board of School Commissioners of Baltimore City, in pursuance of the power conferred on it by sec. 100 of the city charter, appointed Mr. James H. Van Sickle, Superintendent of Public Instruction, to take effect from the first day of July, 1900. At the time of Mr. Van Sickle’s appointment and of the filing of the bill in this case, he was not a registered voter of the city of Baltimore. The bill is filed by a resident and taxpayer of Baltimore City, to enjoin the Mayor and City Council of Baltimore, the comptroller and the Board of School Commissioners, from paying his salary, for the reason that not being a registered voter of the city, he was not eligible to the position to which he had been apponted.

The determination of the question depends upon an examination of the charter itself and the ascertainment of what persons the Legislature intended should be included in thé use of the term “municipal official” in section 26 of chapter 123 of the Acts of 1898, (City Charter.) It appears from an examination of the charter that the expression “municipal officials” is used to describe the heads of departments, heads of sub-departments and municipal officers not embraced in a department, and is not applicable to employees of these several departments. By section 25 of the charter, the Mayor has the sole power of appointment of all heads of departments, heads of sub-departments, municipal officers, not embraced in a department, subject to confirmation by the Second Branch of the City Council, except where otherwise provided by the charter. The City Comptroller and Surveyor are elected by the people, and the City Register and Public Printer are appointed by joint-convention of the two branches of the Council. Secs. 33, 35, 205 and 208. ⁶¹¹ The appointment of the other city officials is provided by the 28th section which reads “that the heads of departments, heads of sub-departments, municipal officers not embraced in a department and all special commissions or boards shall have the sole power of appointment and removal at pleasure of all deputies, assistants, clerks and subordinate employees employed by them, unless otherwise provided for.” Now under the charter, sec. 100, the Superintendent of Public Instruction and his assistants are appointed by the Board of School Commissioners, the head of the Department of Education, and the qualification there prescribed is, “that the superintendents shall all be persons of education and experience in the management of schools, and they shall be not less than twenty-five years of age at the time of their appointment and shall discharge the duties herein prescribed and such other duties as the said board may direct.” It appears, then, from the aforegoing sections of the charter,