Hooper v. Farnen

Citations

• 85 Md. 587
• 37 A. 430
• 1897 Md. LEXIS 82

Syllabus

<p>Municipal Corporations — Power of Mayor of Baltimore City to Remove Municipal Officers — Removal of Board of School Commissioners — Mandamus—Parties.</p> <p>Local Code, Art. 4, sec. 31, provides that all persons holding office under the corporation of Baltimore City, shall, unless otherwise provided by law or ordinance, hold their offices during the pleasure of the Mayor; also, that no person holding office by appointment of the Mayor shall continue in the same if a defaulter to the city, or if not a citizen of the State and a registered voter, and the Mayor is directed to revoke any appointment for any one of the above enumerated causes, if the charges are sustained by proof upon investigation. The Mayor, without notice or charges, removed from office a Board of School Commissioners, alleging that the ordinance under which they were appointed was void. Under this ordinance the board was not appointed by the Mayor at all, but had been elected by a convention of the two branches of the City Council for a term of four years; and this ordinance was not void as alleged by the Mayor, but valid. Held, that the Mayor had no power under the statute to remove the School Commissioners, and his attempt to remove them created no vacancies.</p> <p>An ordinance of Baltimore City (Art. x, sec. 46 of the City Code) provides that “a term of holding shall not be deemed to be created by any resolution or ordinance so as to affect the power of removal given to the Mayor by Art. 4, sec. 31, Public Local Laws, because such resolution or ordinance may prescribe that such officer or officers may or shall be appointed bi-annually or in the month of February, or as other city officers are appointed, or by any like expression indicating a periodical duty of appointment, and such words shall not be deemed and taken as otherwise providing by law or ordinance, so as to annul the power of removal intended to be given by said section.” Held, that this ordinance gave no power to the Mayor to rem