Smyrk v. Sharp

Citations

• 82 Md. 97
• 33 A. 411
• 1895 Md. LEXIS 97

Syllabus

<p>Municipal Ordinances for Repaving Streets, Appropriating a Larger Sum of Money than Available — Priority between Ordinances — Repeal by Implication.</p> <p>An ordinance of the Mayor and City Council of Baltimore appropriated $1,600,000 for repaving such streets in said city as might be designated by ordinance. After the ratification of this ordinance by popular vote, a number of ordinances were passed from time to time for the repaving of the different streets named in them, the cost of which amounted to a larger sum of money than was available under the original appropriation. The last ordinance passed directed that S. street should be paved out of certain balances unexpended under former appropriations. At that time the cost of paving the streets directed to be paved by prior unexecuted ordinances would be $650,000, and there only remained available $132,000 of the amount originally authorized to be expended. Petitioners applied for a mandamus directing the City Commissioner to pave S. street from the unexpended balances mentioned in the ordinance concerning that street. Held, that the later ordinances directing certain streets to be paved did not operate as a repeal by implication of the prior ordinances on account of the insufficiency of the amount available; that neither the Court nor the municipal officers had power to designate which streets should be paved, but that it was the duty of the City Council to declare how and in what manner the money available for repaving should be expended.</p>