Mayor of Baltimore v. Wollman

Briscoe, J., delivered the opinion of the Oonrt. The present appeal involves the validity and the construction of Ordinance No. 332, passed by the Mayor land Oity Council of Baltimore Oity, approved July 25th, 1913, and the several provisions thereof, prescribing certain regulations of the markets in Baltimore Oity. The Ordinance in question, is set out in the Record, as Plaintiffs’ Exhibit No. 1, and its title is as follows, “An Ordinance to Repeal Sections 4, 13, 16, 1Y, 112 and 113, of the Baltimore Oity Code of 1906, Article 23, title ‘Markets,’ and Re-ordain the Same With Amendments.” The plaintiffs below, are owners, tenants and licensees of certain stalls in the markets of the City, and seek by this proceeding to enjoin and restrain by injunction the defendants below, from in any way enforcing the Ordinance, upon the ground that it is unconstitutional, illegal and void. The case was heard upon bill, answer and proof, and the Court below held certain sections of the.

Ordinance to be invalid, null and void, and from its decree, dated the 1st day cf December, 1913, directing an injunction to issue restraining the defendants from enforcing the provisions of the sections of the ordinance which were declared invalid, this appeal has been taken. The Court below, by the decree appealed against, held and declared, that section 1 of the Ordinance in so far as it repealed and re-ordained with amendments sections 13, 16 and 1Y of Article 23 of the Baltimore Oity Code of 1906, title “Markets,” to be invalid, and that said sections 13, 16 and 1Y of Article 23, of the Baltimore Oity Code of 1906, as ordained or attempted to be ordained or be re-ordained by said section 1 of the Ordinance was invalid, null and void. Section 3 of the Ordinance was also declared to be invalid and void. ³¹³ The validity of the Ordinance is assailed upon a number of grounds and these objections are set out, at considerable length in the plaintiff’s bill. The bill in substance charges, .as stated by the appellants in their brief: (1) That the title of the Ordinance is insufficient.

(2) That the fixing of rents foi’ the market stalls is a legislative function which could not be delegated to the clerk, with the approval of the Board of Estimates. f3) That the Ordinance impairs the obligations of contracts. (4) That said Ordinance will produce revenue in excess of the expenses of the markets. (5) That Section 3, requiring the license year to date from May 1st, 1913, which was prior to the passage of the Ordinance, renders the Ordinance void. (6) That the charges are arbitrary and unreasonable, and (7) That the Ordinance is void because it makes the license date from May 1st instead of January 1st, under Section 59 of the charter.

We shall consider these objections in the order named, raid as set out in the bill, in so far as it may be necessary, for the purposes of the conclusion, wo have reached in the case. Some of them have been settled by previous decisions •of this Court, and need hut a passing comment. As to the title of the Ordinance in question, we need only say, that we think its subject-matter is sufficiently set out and described in the title to answer tho requirements of the Charter and of the Constitution. Tt will be seen, that sections 13, 16 and 17 are Oode sections of the Baltimore City Oode, of 1906, and they are codified under the head of Part 1, “General Provisions Belating to Markets,” as Article 23 of the Codo.

Ordinance ISTo. 332, now under consideration, repeals and re-ordains these Oode sections with amendments, and it is difficult to see how anyone could he misled by the title, in this Ordinance, as to the sections of tho Baltimore City Code dealt with, and intended to be repealed and the amendments thereto. ³¹⁴ It is well settled .by the numerous cases dealing with this subject, that it is «only tbe subject-matter of the Act that need be described in the title, and the title need not indicate ,cr disclose the details, agency or means by which the subject of the Act is to be carried into effect: Bond v. Baltimore, 116 Md. 689 ; Levin v. Hewes, 118 Md. 626 ; Worcester Co. v. School Commrs., 113 Md. 301 ; Gould v. Baltimore, 120 Md. 534 . The object and purpose of the Ordinance in question as :ts title disclosed, was to repeal certain sections of the Baltimore City Code of 1906, Article 23, title “Markets,” and to re-ordain them, with certain amendments. The amendment to section 4, of Article 23, of the City Code, transfers the duty of cleaning the market from, the clerks of the market to; the Commissioner of Street Cleaning- and provides as follows: 4. It shall be the duty of the Commissioner of Street Cleaning to see that all of the markets of Baltimore City are kept well cleaned and free from dirt, filth, snow and rubbish. lie shall perform such'duties and obey such rules and regulations in respect to keeping the markets clean as may be prescribed from time to time by the Board of Estimates.

The amendment to- section 13 of Article 23 of the City Code provides that the market clerks, with the approval of" the Board of Estimates, shall have power to fix the rent of all stalls in any market of Baltimore City, instead of the clerk' ¡ f the several markets, with the consent of the Mayor. Code, section 13, of Article 23, w:as as follows: 13. The Clerks of the several markets, with consent of the Mayor, shall have power to fix the rent of all stalls, stands and benches, not enumerated in this Article, provided, that the rent for all street stalls in all markets shall be five dollars ($5) per annum, including license.. Cods, section 13, as amended, reads as follows: ³¹⁵ 13.

The Clerks of the several mai’kets, with the approval of the Board of Estimates, shall have power to fix the rent of all stalls, stands, shambles, benches or places in any market of Baltimore City; provided that no rent shall be charged for street stalls, the occupants of which shall pay an annual license, and an annual charge in lieu of per diem, hereafter provided for. But nothing in this section shall prevent the Mayor and City Council of Baltimore, at any time hereafter, from fixing by ordinance, the rent of all stalls, stands, shambles, benches or places in any market of Baltimore City. It is contended upon the part of the plaintiffs below, that “the fixing of l-ent” of market stalls is a legislativo and not an administrative power and. duty and cannot be lawfully delegated by the Mayor and City Council of Baltimore to the clerks of the markets, with the approval of the Board of Estimates, as provided by the Ordinance. The Court below held that the delegation of power or duty as contained in the amendment to section 4 of the Ordinance was a ministerial or administrative function and that ibis amendment was valid, but struck down the amendment to section 13, as a legislative function which could not be delegated.

By section 6 of the City Charter, Act 1898, Oh. 123, the Mayor and City Council of Baltimore is given very broad powers, “to license, tax and regulate all businesses, trades, avocations or professions.” “To erect, regulate, control and maintain markets and stalls, within the City of Baltimore.” “To lease, sell or dispose of any stalls or stands in any market in such manner and upon such terms as it may think proper.” The rule is plain and well established that legislative or disc5-et.iona.ry powers or trusts devolved by law or charter on a council or governing body cannot be delegated to others, but ministerial or administrative functions may be delegated io subordínale officials. ³¹⁶ In 28 Cyc. 277, it is said, the general rule seems to be, that powers which are not imperative may be delegated by the Common Council to some subordinate body or officer. It is now the recognized rule that the