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· 4/8/1897

Hooper v. New

Citations

  • 85 Md. 565
  • 37 A. 424
  • 1897 Md. LEXIS 81

Syllabus

<p>School Commissioners of Baltimore City — Election by Convention of the City Council Without Nomination by the Mayor — Ratification of Municipal Ordinance by the Constitution — Mode of Appointing Municipal Officers— Vacancies in Office — Mandamus—Effect of Sustaining Demurrer to Answer.</p> <p>The ordinance of Baltimore City providing for the appointment of School Commissioners by a joint convention of the two branches of the City Council is valid, and these Commissioners are not within the purview of the Local Code, Art. 4, sec. 30, which requires that . municipal officers shall be appointed by the Mayor by and with the advice of the City Council.</p> <p>The mode of appointing municipal officers in Baltimore City prescribed by Local Code, Art. 4, sec. 30, does not apply to the appointment of subordinate employees or laborers.</p> <p>Under the charter of Baltimore City (Local Code, Art. 4, sec. 30), all the officers of the corporation, with certain exceptions, are required to be appointed by the Mayor with the advice and consent of the two branches of the City Council. An ordinance of the city, passed in 1828, provided that the School Commissioners should be chosen by the two branches of the Council in joint convention. The Constitution of 1864 (Art. 8, sec. 3), provided that the Commissioners should be appointed “as at present,” subject to such alterations as might be made by the Legislature or the Mayor and City Council. An ordinance passed in 1866 increased the numbers of School Commissions and provided for details of school management, but also directed that the Commissioners should be elected by the Council in joint convention, and this mode of appointment has continued ever since. The Constitution of 1867 provided that the laws and ordinances relating to Baltimore City should be continued until changed in the due course of law. That Constitution also declared that the then existing system of public schools should continue in force until the end of the sessio

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • involving mandamus against a municipality to issue a license to operate a motorbus business that, by its own terms, would have expired before the writ of mandamus could have entered
  • involving mandamus against a municipality to issue a license to operate a motorbus business that, by its own terms, would have expired before the writ of mandamus could have entered

Source: CourtListener parenthetical corpus (CC0).

Judges: Boyd, Briscoe, Bryan, Fowler, McSherry, Roberts, Russum

Read full opinion on CourtListener

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