BALTIMORE, MD. 21^

BALTIMORE CITY ARCHIVES & RECORDS MANAGEMENT OFFICE 211 E. PLEASANT STREET BALTIMORE, MD. 21202

. ^' HALL ^ f ^-

AN INDEX cu t* TO THE

Opinions of the City Solicitor

(OF BALTIMORE - %

For the Period from July J, J903 to January Jt 19U

I HON. WILLIAM CABELL BRUCE, CITY SOLICITOR, , (1903-1908) l HON. EDGAR ALLAN POE, CITY SOLICITOR, (1908-1911)

Prepared under the direction of Edgar Allan Poe, Esq., City Solicitor

By CHARLES PIELERT, OF THE BALTIMORE BAR

H-61-5]

Press of KING BROTHERS Baltimore, Md. 19 11 NOTE.

The references in this Index are to the marginal and page number­ ing of the pages of the bound volumes of the Opinions of the City Solicitor filed in the office of the City Solicitor. These Opinions are contained in sixteen volumes, numbered from one to sixteen, inclu­ sive, the marginal and page numbering aforesaid, being consecutive throughout the sixteen volumes. The marginal and page number­ ing of each volume are as follows:

Marginal Paging Numbering Volume 1 1— 302. 1— 748

2 303— 602 749—1573

3 603— 910 1574—2306

4 911—1210 2307—2992

5 1211—1501 2993—36212

6- 1502—1808 3623—4293

. 7 1809—2101 4294—4900

8 2102—2409 4901—5553

9 2410—2704 5554—6101

10 2705—3010 6102—6661

11 3011—3300 6662—7180

12 3301—3600 7181—7779

13 3601—3899 7780—8312

14 3900—4204 8313—8853

15 4205—4505 8854—9459

16 4506—4715 9460—9854 Index of Opinions City Solicitor JULY 1, 1903—JANUARY 1, 1911.

A ABANDONED— Par. Page City Property. See City Property. Poles. See Poles and Wires. Railway Tracks. See Street Railways. Realty. See Fire Department. ABANDONMENT OF— Condemnation Proceedings. See Condemnation of Property. Highways. See Street, Highways, etc. Markets. See Markets. Parks. See Abutting Property Owners. Paving. See Paving. ABATEMENTS— Of Assessments. See Assessments. Of Nuisances. See Nuisances; Assessments; Health; Paving; Private Property; Sewers and Drains. Of Tax Assessments and Taxes. See City Property and Taxation of Property. ABATTOIRS— See Nuisances. Legal prerequisites for establishment of within city limits 6314 2821 Provisions of Sec. 89 of Art. 23 apply 3806 1584 Special ordinance required for construction of.... 4419 1864 ABOUT— See Contracts. ABUTMENTS— Of W. M. R. R. at Windsor Mills and Old Liberty Roads 2805 1133 ABUTTING PROPERTY— See Abutting Property Owners; Alleys; As­ sessments; Contractors; Nuisances; Owners of Property; Private Streets and Alleys. Liability of sewerage contractor for settling of foundations 9457 4505 Retaining wall to support; cost of 9803 4687 Undermining of foundations by trench excavation of sewerage contractor 9300 4431 4 OPINIONS OF THE CITY SOLICITOR

Par. Page ABUTTING PROPERTY OWNERS— See Advertisements; Alleys; Assessments; City • Engineer; Grades and Grading of Streets; Jones' Falls; Markets; New Sewerage Sys­ tem; Notice; Nuisances; Owners of Prop­ erty; Paving; Plumbers and Plumbing; Per­ mits; Private Streets and Alleys; Sewers and Drains; Sidewalks and Footways; Streets, Highways, etc. Closing of street pending improvements—Rights of. 9206 4383 Cost of raising sidewalks of streets on Jones' Falls necessitated by work of Sewerage Commission.. 8'708 4132 Crediting assessment for bringing ungraded street to proper grade 5834 2562 Low lot requiring heavy fill; grading sidewalk.... 9331 4443 Must grade and pave sidewalk on macadamized street 9331, etc. 4443 Obstruction of Easement of Access'— By railway tracks in street 4614 1958 By extension of market limits 8561 4049 Ornamental trees on his sidewalk 4465 1891 Paving agreements with. See Contracts. Paving of alley by; agreement with city to discon­ tinue assessment proceedings 5494 2384 Paving of alley on application of; procedure 9716 4635 Removal of alley kerbing on assent of 4685 1993 Rights in disturbance of sidewalks for municipal improvements 8780 4167 Rights of, within market limits 9762 4661 Right to compel gas company to lay mains 7951 3690 Right to demand convenient and safe crossing of railroad on private streets 8404 3954 Status of rights upon abandonment of parking.... 4546 1928 Tree destroyed by sewerage contractor—remedy.. 9553 4555

ACCEPTANCE— Of Bids. See Contracts. Of Contract Work. See Contractors; Contracts; Releases. Of Streets. See Ordinances.

ACCIDENTS— City's liability for in street work involving railway tracks 8606 4076

ACCOUNTS— See City Property; Harbor Master; Schools. JULY 1, 1903—JANUAEY 1, 1911 5

ACKWORTH ALLEY— Par. Page Electric wires in bed of 8652 4101

ACQUISITION OF PROPERTY— See City Property; Condemnation of Property and Sales.

ACTION AT LAW— See Suits.

ACTS OF ASSEMBLY— See Barbers' Act; Advertisements; Appropria­ tions; Contractors; Diseases; Grades and Grading of Streets; Laborers; Legal Holi­ days; Licenses; Mayor; Municipal Subways and Conduits; Paying; Stocks, Loans and Finance; New Sewerage System. Amendatory Acts— Effect on unamended provisions 3407 1402 Authorizing loans; act is to be approved as a whole 8862 4210 Publication of local laws relating to Baltimore City; payment of cost 1197 465 Relating to Free School Book Fund construed.... 9593 4574 Repealing Acts— Effect of 3407 1402 Status of accrued taxes on mortgages 1251 483 When held retroactive 1256 484 Resume of those relating to city loans 923 366 Retroactive effect of—sidewalk obstructions 1901 745 Acts Construed— 1745, Ch. 9, Sec. 10 6655 3008 1779, Ch. 20 9776 4670 1784, Ch. 39, Sec. 6 6655 3008 1803, Ch. 92 3832 1597 1812, Ch. 159 3832 1597 1824, Ch. —, cited 6656 3008 1828, Ch. 186 4474 1895 1841, Ch. 23, Sec. 47 -527 220 1849, Ch. —. Charter "Western Cemetery con­ strued 8378 3940 1852, Ch. 304— Incorporating Baltimore, Carroll & Fred­ erick R. R. Co. : 280 135 Sections 14, 16 2803 1133 1856, Ch. —. Assessing property on county side of N. Avenue ..". 9050 4307 1860, Ch. 123 4132 1736 6 OPINIONS OF THE CITY SOLICITOR

ACTS OF ASSEMBLY—Continued. ACTS CONSTRUED— 1862, ch. 71— Par. Page 3812 1586 9808 4690 1868, Ch. 187— Incorporating Broadway & Locust Point Steam Ferry Co 4662 1982 8647 4099 1870, Ch. 115 169 62 1870, Ch. 436. Amending Charter Broadway & Locust Point Steam Ferry Co 4662 1982 1872, Ch. 71, Sees. 1, 4. Amending Charter of W. M. R. R. Co 281 115 1874, Ch. 218 204 76 1874, Ch. 288, Sec. 3 1754 674 1876, Ch. 167 2242 884 1880, Ch. 64 3938 1643 1880, Ch. 187 785 317 1888, Ch. 98— 248 96 261 104 1888, Ch. 426 3938 1643 1890, Ch. 100 9465 4508 1890, Ch. 128— 9656 4606 Is repealable 9668 4610 1890, Ch. 505, Sec. 6— 2979 1205 7508 3477 7520 3483 1892, Ch. 138— '. 312 133 !2815 1139 3925 1638 3979 1663 1892, Ch. 200— 2815 1139 8781 4167 1892, Ch. 219 205 76 1892, Ch. 284 206 77 1892, Ch. 448. Construed not to affect engine- men of Fire Department 6526 2943 1892, ch. 525 9277 4419 1894, Ch. 123 9225 4393 1894, Ch. 256, Sec. 128— 5601 2435 5603 2436 JULY 1, 1903—JANUARY 1, 1911

ACTS OF ASSEMBLY—Continued: ACTS CONSTRUED— 1896, Ch. 120— Par. Page 153 54 901 356 2702 1086 3444 1414 1896, Ch. 135— . 9615 4583 9620 4586 1896, Ch. 143 901 356 1896, Ch. 350 ; 2820 1140 1896, Ch. 366 8545 4040 1898, Ch. 210 927 367 1898, Ch. 373 927 367 1898, Ch. 444 927 367 1898, Ch. 458 5925 2612 1900, Ch. 152 92T 367 1900, Ch. 280 927 367 1900, Ch. 320 1374 529 1900, Ch. 337 3874 1617 1900, Ch. 500 1180 460 1900, Ch. 523— 556 233 927 367 2240 883 1900, Ch. 663 733 298 1901, Ch. 19 2837 1148 1902, Ch. 1. Extra session 1182. 461 1902, Ch. 36 3828 1595 1902, Ch. 130 261 104 1902, Ch. 246— • 927 367 2815 1139 1902, Ch. 486— 3352 1380 ' 3354 1381 1902, Ch. 269 9041 4304 1902, Ch. 327— ; 493 208 6177 2747 1902, Ch. 333— 927 367 2395 951 1902, Ch. 391 2465 981 1902, Ch. 453— 8 OPINIONS OF THE CITY 'SOLICITOR

CTS OF ASSEMBLY—Continued: ACTS CONSTRUED— 1902, Ch. 453— Par. Page 3141 1276 3927 1639 6978 3195 1902, Ch. 475 1299 497 1904, Ch. 34— 1088 427 1451 555 2677 1074 2900 1176 3135 1273 3152 1281 3405 1401 3514 1446 : 3520 1449 3982 1663 6146 2732 6982 3196 1904, Ch. 42— 4352 1837 4524 1916 1904, Ch. 55 9663 4608 1904, Ch. 87— 1624 623 ' • 1870 733 4398 1858 4448 1882 4738 2020 4767 2034 Section 2 9520 4539 1097 430 1551 593 2037 802 6643 3003 1964 773 Section 13 3639 1510 7305 3377 1838 716 Section 29 1628 625 1904, Ch. 210 3259 1336 1904, Ch. 263 1912 749 1904, Ch. 274— 1984 780 2849 1154 2893 1174 2895 1174 JULY 1, 1903—JANUARY 1, 1911 9

ACTS OF ASSEMBLY—Continued: ACTS CONSTRUED— 1904, Ch. 274— Par. Page 3181 1299 3415 1404 .' 3597 1490 4057 1698 4778 2040 5038 2159 5053 2165 6000 2652 .-• 6048 2674 6051 2675 6331 2831 6869 3127 7076 3247 708'5 3252 , 7813 3615 9235 4397 9573 4564 Section 2 7580 3509 Section 5 2853 1155 Section 6 5900 2599 Section 6 6052 2676 1904, Ch. 338— 3579 1481 3705 1541 , 6508 2935 Sections 6748 3056 1904, Ch. 343 1168 457 1904, Ch. 349— (New Sewerage Loan Act.) 3664 1523 3705 1541 4057 1698 4585 , 1946 6898 3142 9190 4375 Section 2 8705 4131 Section 2,8 2837 1148 Section 4 3717 1547 Section 4 3726 1550 Section 4 3739 1555 Section 4 5278 2267 Section 4 • ' 5301 2280 Section 4 5780 2535 Section 4 5995 2649 Section 4 7290 3367 10 OPINIONS OF THE CITY SOLICITOR

ACTS OF ASSEMBLY—Continued: ACTS CONSTRUED— 1904, Ch. 349— Par. Page Section 4. - 8090 3769 Section 4 9641 4597 Section 5 5720 2503 Section 6 2258 888% Section 7 * 7392 3419 Section 7,2 6192 2756 Section 7 7921 3676 Section 8 442'3 1870 Section 8 6358 3121 As to house drainage in Gwynn's Palls.... 5497 2386 Certain terms used in 5102 2185 Cost of changes in location of city lamps and other property, the pipes, etc., of the Gas and other companies in and upon streets 4322 1823 Extension of system to embrace minor thoroughfares < 3582 1483 Proviso prohibiting discharge of sewage in Chesapeake Bay, etc., construed— 2837 1148 2926 1190 Proper signatory parties for city to sewer­ age contracts 6192 2756 Storm Water Sewers; power of commis­ sion to construct 3115 1264 1904, Ch. 399 5203 2231 1904, Ch. 405 1250 483 1904, Ch. 412— 4252 1790 Section J 4413 1866 1904, Ch. 426 2410 958 1904, Ch. 433— 3132 1272 3141 1276 3150 1279 3152 1281 3927 1639 6979 3195 1904, Ch. 460 4435 1879 1904, Ch. 463— 1570 601 1731 663 2582 1032 JULY 1, 1903—JANUAKY 1, 1911 11

ACTS OF ASSEMBLY—Continued: ACTS CONSTRUED— Par. Page 1904, Ch. 518 2683 1076 1904, Ch. 581 2411 958 1904, Ch. 616— 1389 534 1833 715 1888 740 1901 745 2958 1197 3250 1332 1904, Ch. 677 4190 1762 1906, Ch. 58 4447 1882 1906, CH. 108 6645 3003 1906, Ch. 13!2 5720 2503 1906, Ch. 144— - 3490 1434 3915 1634 4094 1716 5433 2353 6620 2992 7163 3293 1906, Ch. 152 7938 3683 1906, Ch. 158— 3147 1278 : 3927 1639 3978 1662 6981 3196 1906, Ch. 180— 9631 4592 9636 4594 1906, Ch. 244— 3704 1540* 3894 1625. 6429 2884 1906, Ch. 276 3579 1481 1906, Ch. 357...... : 4905 2104 1906, Ch. 449— 3776 1569 5511 2391 Section 139 6634 2999 1906, Ch. 459— :... 3405 1401 3967 1657 4148 1743 1906, Ch. 464. 6957 3185 12 OPINIONS OF THE CITY SOLICITOR

ACTS OF ASSEMBLY—Continued: ACTS CONSTRUED— 1906, Ch. 467%— Par. Page 9568 4562 9573 4564 1906, Oh. 469 3710 1544 1906, Ch. 552— 9568 4562 9573 4564 . 1906, Ch. 708 3771 1567 1906, Ch. 797— 4162 1748 8267 3869 1906, Ch. 818.. 9608 4580 1908, Ch. 78— Sections 102M and 102Q 8247 3859 1908, Ch. 78— Sections 102P and 102R 8250 3860 1908, Ch. 85— 5911 2606 5928 2613 6399 2868 7449 3448 1908, Ch. 98 6894 3142 1908, Ch. 124. (Gans Bill) — Construed as to city stock held by national banks.... 6461 2905 Held to apply to national banks 6116 2714 Does not apply to certain corporations 7033 3221 Of doubtful validity, but to be enforced 6113 2713 1908, Ch. 148 9049 4307 1908, Ch. 157 '. . 7425 3437 1908, Ch. 163 6256 2794 1908, Ch. 163 8212 3840 1908, Ch. 163 9628 4590 1908, Ch. 165 9573 4564 1908, Ch. 170— 6167 2742 6812 3093 8015 3722 1908, Ch. 214, Sec. 17— Is repealed by Act 1919, Ch. 304 9157 4360 1908, Ch. 241— 9041 4304 9046 4306 JULY 1, 1903—JANUAEY 1, 1911 13

ACTS OF ASSEMBLY—Continued: ACTS CONSTRUED— 1908, Ch. 286— Par. Page Annex or Hall Bill relating to classifica­ tion of property in Annex 6363 2851 1908, Ch. 377— Has no retroactive effect 6156 2737 1908, Ch. 459, Sec. 235 6272 2801 1908, Chs. 582 & 583— 5831 2560 5887 2590 8470 3997 1908, Ch. 635 9606 4579 1910, Ch. 94— ; 8890 4227 8934 4250 8937 4252 8949 4257 9026 4297 9181 4372 1910, Ch. 110— 9668 4610 : 9796 4683 1910, Ch. 180—(Public Utilities Bill.) Salary clause of, construed 9203 4381 1910, Ch. 270— Section 137 9166 4364 Section 140 S 9121 4346 Section 140 T 9165 4363 1910, Ch. 304— Treated as constitutional and valid 9157 4360 1910, Ch. 435 , 9606 4579 1910, Ch. 485— - As to assessment of benefits 9233 4396- As to private purchases of property...... 9713 4634 1910, Ch. 619—(Exemption of Personal Property) Does not apply to 1910 taxes 8968 4267 1910, Ch. 630—(New Sewerage Act Amend­ ment) Construed as to house connections 9318 4438 1910, Ch. 662— Construed not to affect Fire Department engineers 8963 4264 1910, Ch. 715— 9822 4698 9827 4700 9833 4704 1910, Ch. 741, Sec. 160 L 9419 4485 14 OPINIONS OF THE CITY SOLICITOR

ADDITIONS TO BUILDINGS— Par. Page See Buildings; Permits. • ADJOINING— Lots; nuisances originating on 8263 3867 Property Owners. See Abutting Property Owners; Buildings; Excavations; Owners of Property; Nuisances. ADJOURNMENT— See City Council. ADJUSTMENTS— See Inter-Departmental Adjustments; Paving. ADMINISTRATORS AND EXECUTORS— See Executors and Administrators; Taxation of Property. ADOPTED CHILDREN— See Children; Non-Resident Pupils; Schools. ADULTERATED FOODS AND MILK— See Health. ADULTS— Ineligible to attend day school of Polytechnic Insti­ tute— 8255 3863 8259 3864 ADVANCEMENTS ON CONTRACTS— See Contractors. ADVERSARY USER— See Building Lines. ADVERTISING— Matter; no ordinance regulating distribution of... 5993 2647 Signs and Structures. See Minor Privileges and Franchises; Permits; Signs. ADVERTISEMENTS— See Acts of Assembly; Board of Awards; Con­ demnation of Property; Contractors; Con­ tracts; Fences; Grades and Grading of Streets; Legal Holidays; German News­ papers; Minor Privileges and Franchises; Notices; Opening, etc., Streets, etc.; Ordi­ nances; Paving; Stables; Taxation of Prop­ erty. Assessments for alley improvements 4984 2137 Bids—advertisements in German newspapers 4887 2096 By City Departments—Manufacturers' Record not a proper medium for 6450 2899 Condemnation proceedings under Annex Improve­ ment Act 4896 2100 Cost included in paving assessment 3074 1242 JULY 1, 1903—JANUARY 1, 1911 15

Par. Page ADVERTISEMENTS—Continued: Frame shed; application for permit for 4460 18S9 Livery stable; complete reconstruction of old build­ ing •. 7360 3405 In German newspapers 5257 2258 Notice to non-resident owner to abate nuisance.... 5796 2544 Notice in paving private alleys in state of nuisance 4238 1784 Of Acts of Assembly operative in Baltimore City; payment of cost 1197 465 Of proposals; printer's error in 7674 3553 Ordinance of Estimates; proper advertisement of. . 3966 1657 Ordinances for opening, etc., streets; effect of sub­ stitutionary ordinance 1 3905 1629 Ordinances requiring; street franchises and minor privileges 4177 17'57 Paving in Annex; German newspapers 5444 2360 Notice of ordinance for paving at expense of abut­ ting owners 5318 2289 Tax Sales— Proper description 2893 1207 Object of advertisement 2989 1209 Under Section 14 of City Charter. 4893 2098 AGENTS OF CITY— See Negligence. AGREEMENTS— See Abutting Property Owners; Alleys; Chesa­ peake & Potomac Telephone Co.; Pines, Pen­ alties and Costs; Gas Company; ; Paving. Eutaw Place; with abutters as to width of street and sidewalks 9224 4392 Gas lamps; with Consol. Gas Elect. Light & Power Co 6862 3124 With City relating to private sewers and drains.... 7389 3419 With C. & P. Telephone Company in placing wires underground 2708 1089 With property owner using private drain connect­ ing with sanitary sewers 7409 3428 In re Remington Ave. bridge with Md. & Penna. R. R. Co 7457 3452 AGRICULTURE— Teaching of. See Houses of Refuge or Reformation. Held to be manual labor 2466 981 ALICEANJVA STREET— Co.; right to use bed of between Bond St. and w. s. Chester St 437 189 16 OPINIONS OF THE CITY SOLICITOR

ALICEANNA STREET—Continued: Par. Page Obligation of contractor to protect buildings on pending construction of sewer 6554 2958 Railway Franchises on 6379 2859 Removal of abandoned street railway tracks from. 3340 1375 Standing of cars on 437 189

ALIENATION OF PROPERTY— See Nuisances.

ALIGNMENT OF RAILWAY TRACKS— See Street Railways.

ALLEYS— See Ashes; Assessments; Bowling Alleys; Gar­ bage, House Offal and Refuse; Grades and Grading of Streets, etc.; Kerbing; Nuisances; Owners of Property; Paving; Private Streets and Alleys; Streets, Highways, etc. Assessments for improvement of. See City Col­ lector 4984 2137 Between Chelsea Ave. and 15th St.; owners of lots fronting on 3496 1436 City's title to strip west of Light St. at Conway St.. 6642 3003 Collection of assessments for paving of 4988 2138 Construction of sanitary lateral sewers in— : 8858 4209 8874 4217 Divisional; effect on duty of adjoining owner to under-pin against excavations 7954 3692 Encroachment of houses on alley owned by City... 4318 1821 Encroachment on .at 521 Hanover St 2139 842 Establishment of grade of; rights of abutter in objecting to 8304 3896 Excessive discharge of waste water in 4783 2043 Grading and paving to abate nuisance in 4760 2031 Improvement of, by owners; proceedings; collec- . tion of assessments 4984 2137 Kerbing of. See Abutting Property Owners. Omission of on assent of abutting owners 4685 1993 Keeping clean; burden on property owner as to his frontage 2010 791 In rear of Pratt Library; paving of 4776 2039 New sewerage house-connections in 9332 4439 North of 31st St.; relating to drain in. 5980 2641 Nuisance; defective grade in front of one abutting property : 5643 2458 JULY 1, 1903—JANUARY 1, 1911 17

ALLEYS—Continued: Par. Page Owned by City; sale for taxes 4319 1821 Paving assessment; house at end of alley 4374 1846 Paving of by property owners; selection of ma­ terials 6537 2949 Paving of when in state of nuisance 140 48 Status as a street 4195 1764 Ten feet and under; sanitary lateral sewer con­ nections in 7389 3419 ALLOTMENTS OF WHAEF AND PIER SPACE— See Leases. ALMSHOUSE— See Bay View Asylum. Persons who may be lawfully committed to 757 307 Period of commitment to be entirely served 2960 1198 Release of persons committed to 2961 1200 ALTERATIONS— In Buildings. See Buildings; Stables; Tenement and Apartment Houses. In Contracts. See Contracts. Plans and work under contracts 8859 4209 ALTERNATIVE BIDS— See Contracts; Paving. ALTSCHUL, ADOLPH— See Leases. AMBULANCES— See Bay View Asylum; Broadway & Locust , Point Steam Ferry Co.; Health. Transportation of persons with infectious diseases 7547 3497 AMENDATORY ACTS— See Acts of Assembly. AMENDED ORDINANCES— See Board of Estimates; Ordinances. ANATOMY BOARD— Powers and duties; disposal of dead bodies 9728 4642 ANCIENT LIGHTS AND WINDOWS— Doctrine of, not in force in . 4912 2107 ANIMALS (dead), ANIMAL MATTER— See Garbage, House Offal and Refuse. ANNEX— See Advertisements; Annex Improvement Act; Annex Improvement Commission; Appeal Tax Court; Benefits; Buildings; City Engi­ neer; City Surveyor; Commissioners for Opening Streets; Condemnation of Property; Easements; German Newspaper; Grades and Grading of Streets; Gutters; Inspector of

2 ' 18 OPINIONS OF THE CITY SOLICITOR

Par. Page ANNEX—Continued: Buildings; Notice; Nuisances; Opening Streets; Ordinances; Paving; Permits; Poles and Wires; Sidewalks and Footways; Stables; Stocks, Loans and Finance; Streets, Highways, etc.; Street Railways; Taxation of Property; Topographical Survey Commis­ sion; Turnpikes. Annexation; effect on quarry rights S635 4092 Closing of Morris Ave. in 9170 4366 Establishment of grade's in; effect of Act of 1904, Ch. 34 : 3150 1279 Frame buildings in 290 120 Grades of streets in; proper officer to establish... 3135 1273 Interest and penalties on taxes in 8585 4064 Livery stables in 4741 2022 Nuisances; defective drainage; abatement of 1825 710 Opening of streets in 6975 3195 What streets may be opened 3133 1272 Ordinance relating to grading and paving sidewalks at City's expense held invalid 5902 2599 Park Tax; status of railway line's in 3077 1297 Paving without competition disapproved 5043 2160 Enforcement of laws regarding 2031 799 Plan of streets for 6975 3195 Railways in. See Park Tax. Sidewalks in; grading and paving of; cost 5900 2599 Status of cinder path on paper street 7131 3275 Steam traction engine on streets prohibited 9677 4615 Streets in; status of Liberty Road 6868 3127 Paving and repaying of; powers of Annex Imp. Commission— 7076 3247 7081 3250 Opening of; what streets may be opened 3133 1272 Resume of law relating 6975 3195 Top surfacing of 2160 Taxation of property in— Bills for delinquent taxes pending litigation; failure of tender; penalties and interest 6068 2685 Classification of property in 246 96 Date by which it must be made 6363 2851 No refund of excess above county rate 9686 4620 Rate of; notice and procedure in levying assess­ ments 246 96 JULY 1, 1903—JANUARY 1, 1911 19

Par. Page ANNEX—Continued. Taxation of Property in— Sewerage Act; taxation under '2558 888% When assessable at full City tax rate 246 96 Water Companies; rights of 742 301 Water Mains and Pipes; laying by City 742 301

ANNEX IMPROVEMENT ACT— See Acts Assembly, 1904, Ch. 274, ante; Annex; Annex Improvement Commission; Commis­ sioners for Opening Streets; Condemnation of Property; Nuisances; Opening, etc., Streets; Stocks, Loans and Finance. Construed as to assessment of benefits 3410 1403 Contracts under, subject to sees. 14 and 15 of Charter 3295 1353 Funds restricted to purposes of Act 7086 3253 Legal effect and provisions defined 1984 780 Levy for appropriations for sinking fund 4058 1698 Validity of affirmed 9572 4564 Validity of stock issue in excess of $500,000 6000 2652 ANNEX IMPROVEMENT COMMISSION— See Annex; Annex Improvement Act; Adver­ tisements; Notice; Paving; United Rys. & Electric Co.; Commissioners for Opening Streets. Cannot loan part of its appropriation to Electrical Commission 8314 3901 Commissioners for Opening Streets when sitting as; a department of the City Government 5446 2361 Are to perform' duties of Commission 2893 1174 Liberty Road; may grade and widen 6869 3127- Notices in condemnation proceedings 4896 2100 Organization of 2895 1174 Paving contracts must be competitive 5043 2160 Powers; controls street improvements 6055 5677 Employment of labor 5053 2165 Express and implied powers of 7086 3253 Improvements in Annex 5053 2165 In closing Morris Avenue _ 9170 4366 May levy assessments for either opening or grad­ ing and paving streets 3410 1403 Paving and repaving streets in Annex— 7076 3247 7081 3250 7813 3615 Rental of offices; fund chargeable with 7578 3509 20 OPINIONS OF THE CITY SOLICITOR.

ANNUAL LEVY- Par. Page See Stocks, Loans and Finance. Required for certain special sinking funds 8488 4007 ANNUAL REFERENCES— Disposition of, when in excess of expenditures.... 816 327 ANTI-COBBLE STONE ORDINANCE— Construed 6876 3132 ANTI-SMOKE ORDINANCE— See Smoke Nuisance. APARTMENT HOUSES— See Tenement and Apartment Houses. Custodian day and night required on duty 9631 4592 Restrictions as to area of lot built upon 8487 4006 APPARATUS— / See Fire Department and Inspections. APPEALS— See Appeal Tax Court and Inspector of Build­ ings. By removed officials; powers of Mayor 1657 638 To Court of Appeals in criminal cases; costs.... 958 376 Establishment of street grades by City Surveyor.. 4293 1808 From assessments of taxes; jurisdiction of Board of Appeals 9018 4293 From Inspector of Buildings. See Building Code. By Sewerage Commission in re foundations of Sewerage Pumping Station— 6917 3159 6925 3166 6930 3168 Time limit for 1334 513 From Magistrates; refund of fines, penalties and costs upon reversal 6634 2999 From paving assessment by City Engineer 6609 2985 In arrests for maintaining nuisance; effect of abate­ ment. ... • ' 2729 1099 APPEAL TAX COURT— See Annex; Appeals; Assessments; Easements; Executors and Administrators; Stocks, Loans and Finance, and Taxation of Property. Abatement of taxes on property destroyed by fire. 1215 471 Assessors of; required to bond; personal or cor­ porate security acceptable 3430 1409 Compensation of special assessor 2186 863 Beds of private streets, etc.; assessment of 904 356 Classification of property in Annex 246 96 JULY 1, 1903—JANUARY 1, 1911 21

Par. Page APPEAL TAX COURT—Continued: Judgment lists; Court clerks to furnish 480 204 Re-assessment; when required to be made 1878 736 Sittings for review and revision 9745 4651 State Tax Commissioner not obliged to state his mode of valuing bank stock to Court C.5634 2453 List of City stock furnished; exclusion of cer- V^ r^ tain stock 5&4%932 Taxes in arrear; no abatemnet of interest 137.4, ~.529 <* o / "•" APPLICATIONS— \\ <> \ See Advertisements; Grades and Grading of ^ ^ •£ ' Streets; Minor Privileges and Franchises; Notice; New Sewerage System; Paving; Permits. -* -^ APPOINTEES TO OFFICE— ^ Commencement of term of office 3309 1359 APPOINTMENT— To Office. See City Register; Employees; Commis- sibner of Street Cleaning; Mayor; Municipal Officials. Power of. See Employees. Of Subordinates. See under appropriate depart­ mental and official headings. APPORTIONMENT— Of Costs. See Paving. Of Rent. See Transfers of Property. APPROPRIATIONS— See Board of Estimates; Building Lines; Burnt District; Children's Playgrounds; City Council; Contracts; Pines, Penalties and Costs; Fire Department; Inspectors; Inter- Departmental Adjustments; Markets; Mayor; New Sewerage System; Ordinance of Esti­ mates; Ordinances; Parks and Squares; Pav­ ing; Public Comfort Stations; Reservoirs; Stocks, Loans and Finance. Authorized by ordinance cannot be diverted 5269 2262 Failure of Board of Estimates to provide for. ... 3197 1305 City Council has no control over annual depart­ mental appropriations 853 339 Departmental. See Board of Awards. Available after termination of fiscal year 3952 1650 Deficits created by Act fixing minimum wage for employees 8946 4256 22 OPINJOKS OF THE CITY SOLICITOR

Par. Page APPROPRIATIONS—Continued: Departmental. See Board of Awards. Diversion of funds specifically appropriated for repairs in City Engineer's Department 4675 1988 Unexpended at end of fiscal year; to remain available for payments under pending con­ tracts 3952 1650 Unitemized in Ordinance of Estimates; discre­ tionary powers of heads of departments in dis­ bursing same 5456 2367 Discretionary powers of Board of Estimates in re. 3199 1305 For Board of Police Commissioners. See Police Commissioners, Board of. For establishing building lines 6147 2732 For investigating need of increased water sheds. .. 2396 951 For Public Athletic League 9836 4707 For purchase of property for City 7043 3227 For school buildings; cost of maintenance of tem­ porary quarters not chargeable against 5454 2366 Repairs and improvements 5872 2584 Free School Book Fund; hiatus in annual payments 9621 4587 In Ordinance of Estimates; powers of City Council 8520 4024 Intent of ordinance governs use of 6678 3021 Items chargeable against must relate to object of appropriation ( 5454 2366 Letting of contracts before available 4420 1868 Limit of time under which available 4002 1672 Money may be appropriated by the M. & C. C. out of one fund and replaced by an appropriation out of another fund 2647 1060 Ordinance relating to School 22, construed 6678 3021 Proper action on ordinance reported unfavorably under Sec. 85 of Charter 4101 1719 Provisions of Charter relating to, defined and con­ strued 363 156 Purposes for which granted control use of...... 6099 2703. Rule as to payments properly chargeable to ....4398 1858 Salaries of Burnt District Commission 4398 1858 Temporary loans by one department to another prohibited by Charter 8314 3901 To private institutions not under control of City unlawful 4495 1904 1

JULY 1, 1903—JAJTUAKY 1, 1911 23

APPROPRIATIONS—Continued: Par. Page Under Acts of Assembly— Diversion of funds; powers of legislative com­ missions in relation thereto 1570 601 Powers of City Council in relation to 1570 601 Not available until provided for in Ordinance of Estimates 3573 1477 Unexpended appropriation; when available 4002 1672 ARBITRATION— See Franchises and Grants; Park Board. Committees; payment of work ordered by 8230 3849 Park Board may acquire property by 3705 1541 Sewerage Commission may acquire lands by 3663 1523 Under franchise grants 1791 689 ARCHITECTS— See Art Commission; Public Baths. Competitive designs; unsuccessful designs 4863 2087 Employment of by municipal boards 230 88 Employment of marine architect to design, etc., Fire Tug 8438 3977 For City buildings; selection of 7016 3213 Free Public Bath Commission may select 4690 1995 Plans of; rejection by City for excessive cost; claim for compensation 6572 2966 ARCHITECTURAL COMMISSION— See Architects. ARC LAMPS AND LIGHTS— See Lamps and Lighting. AREAS AND AREAWAYS— See Signs; Vaults and Areas. ARRESTS— See Appeals; Nuisances. ART COMMISSION— See Architects. Bridge designs; powers relating to 5228 2241 Ordinance relating to, construed 7017 3213 Applicable to building construction in parks.... '5714 2498 Paid City officials may serve on 405 176 Provisions of City Charter not affected by subse­ quent legislation 4418 1867 Members not to be interested in contracts 6229 2776 ARTESIAN WELLS— Appropriation for in Riverside Park 2177 858 ARTIFICIAL STONE SEWER CAPS— See New Sewerage System. ; 24 OPINIONS OF THE CITY SOLICITOR

Par. Page ASHES— . See Commissioners for Street Cleaning; Gar­ bage, House Offal and Refuse. From Office Buildings. See Office Buildings. Baltimore Sanitary Contracting Company; re­ quired to remove' from office buildings 3682 1532 Collection; on impassable alley 6750 3057 Removal from footways of plazas and squares.. 5376 2316

ASPHALT— See Paving.

ASSENT OF SURETY— 1 See Bonds; Contractors; Contracts.

ASSESSMENTS— See Abutting Property; Abutting Property Owners; Advertisements; Alleys; Annex; Annex Improvement Act; Annex Improve­ ment Commission; Appeals; Appeal Tax Court; Benefits; City Property; Easements; Health; Franchises and Grants; Grades and Grading of Streets; Notice; Nuisances; Open- - ing, etc., Streets; Commissioners for Open­ ing Streets; Ordinances; Paving; Private Streets and Alleys; Sewers and Drains; Streets, Highways, etc. Alley improvements; collection of assessments.... 4985 2137, Benefits— St. Peter's Cemetery not exempt.from 6300 2815 Status of proceedings of condemnation; street ungraded and unpaved 7795 3607 Burnt district. See Interest. Crediting abutting owner for bringing street to grade in front of his property 5834 2562 Executors and Administrators— Assessment of property in hands of, for 8730 4142 Assessments for taxes of property in hands of, after distribution; when liable 8093 3771 Interest on. See Interest. Lists of. See Paving. Paving— Front Foot Rule; house at end of alley 4374 1846 Front Foot Rule; valid; depth of lot immate­ rial; assessment in excess of value of lot 6604 2983 Liens on all lots on street improved 4778 2040 Private Alleys— Revision and collection of 4721 2011 JULY 1, 1903—JANUARY 1, 1911 ' 25

ASSESSMENTS—Continued: Par. Page Sewer. See Sewers and Drains. Collection of 5033 2157 Street work by City Engineer— Designation of premises in; correct numbers of houses 4403 1861 For taxes. See Annex; Executors and Administra­ tors; Markets; State Board of Appeals, and Taxation of Property. Abatements on property acquired by City 2929 1191 Appeal Tax Court not limited to cost of build­ ing or improvement 2702 1086 Beds of private streets; element of value in as­ sessments 900 355 Equipment of out-of-town contractor 7266 3352 Erroneous assessment; back taxes; abatement of penalty— : 8620 4083 8644 4097 Executor's liability for taxes on estate of his decedent 4140 1740 Income bonds of U. Rys. & E. Co. held non-assess­ able for year 1908 5529 2400 Newly discovered property 251 98 On rolling stock of railroads; apportionment of. 3447 1415 Property acquired by City; abatement of 2929 1192 Upon death of owner to be against estate 4138 1739 Of surplus of Savings Banks 3217 1314 Unassessed property; methods of assessment... 1875 735 Valuation of property for; rules for 2702 1087

ASSESSORS— See Appeal Tax Court; Bonds; Burnt District. ASSIGNED PROPERTY— See City Property. ASSIGNEES— Of funds due contractors. See Contractors. Of leasehold interest. See Leases.

ASSIGNMENTS— See Bonds; Contractors; Contracts; Fire De­ partment; Employees; Nuisances; Salaries; Wages.

ASSISTANTS— See City Engineer.

ASYLUMS— See Bay View Asylum. 26 OPINIONS OF THE CITY SOLICITOR

Par. Page ATHLETIC ASSOCIATIONS— Exhibitions in parks by; roping grounds 1162 455 ATLANTIC FRUIT COMPANY— See Docks, Wharves and Piers; Leases. Lease of space on Pier No. 2 to, construed 6484 2922

ATTENDING PHYSICIAN— See Health and Physicians.

ATTOKNEY.GENERAL OF MARYLAND— See Water. Opinion to State Board of Health as to right of its agents to inspect premises to determine pollu­ tion of City's water supply 8061 3751

AUTOMOBILES— See Contracts; Licenses and Parks; Squares. Belonging to City; license for 9167 4363 Have status of vehicles in use of streets 2683 1076 Operator's license for those of Street Cleaning De­ partment 9165 4363 In parks; speeding; evidence; liability of owner. 3776 1569 In public parks and squares 6308 2819 Park Board may regulate speed in parks— 9121 4346 9130 4351 AUTOPSIES— On unclaimed dead bodies 9728 4642 AWARDS— Board of. See Board of Awards. Of contracts. See Contracts. Of damages. See Damages; Western Maryland R. R. Fund. AWNINGS— See Mayor; Permits; Private Streets and Alleys. At Pratt and Exeter Streets;, restoration of 6276 2804 Drop awnings outside Burnt District 8904 4235 Ord. 116, July 18, 1895, in re, construed 2610 1045 Outside Burnt District 2609 1045 Removal of. See Notice. Cost of, when in way of arc lamps 7570 3506 How removable 7576 3507 Notice of removal 7576 3507 To permit construction of railway tracks; revo­ cation of permit; notice of removal 4310 1816 JULY 1, 1903—JANUARY 1, 1911 27

BACK-FILLING OF TRENCHES— Par. Page See Contractors; New Sewerage System; Sewers and Drains; Street Railways. BACK TAXES— See Taxation of Property. BACK YARD— See Nuisances. BADGES— See Fire Department. BAGATELLE TABLES— See Opinion in re Bowling Alleys, Aug. 29, '06. 3799 1579 BAILIFFS OF TAX DEPARTMENT— See Salaries. BAKERS' LABELS ON BREAD— Right of bakers to apply, affirmed 1934 759 BALLAST— Use under paving; ordinance construed 8932' 4249 BALTIMORE BELT RAILROAD CO.— See Steam Railroads. Crossing of, under Guilford Ave., near 26th St... 2462 979 Its obligation as to tunnelling open cut between Charles and St. Paul Streets 5160 2212 BALTIMORE, CHESAPEAKE & ATLANTIC RY. CO.— See Docks, Wharves and Piers; Leases. BALTIMORE CITY CODE— See City Code. BALTO. CITY PASSGR. RY. CO See Street Railways. Act of incorporation construed as to Park Tax.. 9808 4690 BALTIMORE CHROME WORKS— See Leases. BALTIMORE COUNTY— See County Commissioners; New Sewerage System; "Water. BALTIMORE WATER & ELECTRIC CO.— Purchase of rights and franchises of 741 300 BALTIMORE & DELTA RY. CO.— See Maryland & Penna. R. R. Co. BALTIMORE ELECTRIC POWER CO^- See Maryland Telephone & Telegraph Co.; Bal­ timore Electric Co. Consolidated with Md. Telephone & Telegraph Co.— 3848 1605 5415 2343 Its corporate origin 3850 1605 28 OPINIONS OF THE CITY SOLICITOR

BALTIMORE ELECTRIC CO.— Par. Page See Balto. Electric Power Co.; Md. Teleph. & Teleg. Co.; Municipal Subways & Conduits. Certificate of consolidation held valid 5415 2343 Pole permits required to be issued to 5415 2343

BALTO, HAMPDEN & TOWSONTOWN RY. Co.— See Md. & Penna. R. R. Co.

BALTO. & JERUSALEM TURNPIKE €0^- JSee Turnpikes. Opinion of Dennis, J., as to status of easement in Bel Air Road 9108 4339

BALTIMORE & OHIO RAILROAD CO.— See Deeds and Conveyances; Docks, Wharves and Piers; Franchises and Grants; Grade Crossings; Grades and Grading of Streets; Locomotives and Cars; Poles and Wires; Steam Railroads and Taxation of Property. Changing grade of Eutaw St. to accommodate traffic of 9262 4311 Conduit over Huntingdon Ave. tunnel 8167 3818 Cross and West Streets; status of tracks on 1433 548 Howard Street, paving over tunnel 655 269 Overhead supply of electric current to Swift & Co. 4798 2050 Lee St. footbridge; extension approved 1860 728 Note presented for .redemption; payment of 3306 1357 Tracks of— On Ostend St. at Ridgely St 7366 3408 On Pratt St.; removal of in widening street 3336 1373 Wicomico Street; repaving of 6966 3191

BALTIMORE & STEAMBOAT CO^- Wharf rights on east side .Light Street 3276 1344

BALTIMORE, PIMLICO & PIKESVILLE RY. CO.— See Street Railways.

BALTIMORE & PORT DEPOSIT R. R. Co.— See Pennsylvania R. R. Co.

BALTIMORE & POTOMAC R. R. TUNNEL— See Tunnels. BALTIMORE SANITARY CONTRACTING CO.— See Ashes; Garbage, House Offal and Refuse. BALTO, SO. BALTO. & CURTIS BAY R. R. CO.— See Street Railways. JULY 1, 1903—JANUAKY 1, 1911 29

BALTIMORE STREET— Par. Page See Cleaning Streets; Contracts; Grades and Grading of Streets; Signs; Street Railways. Cement for re-paving of; contract construed 1737 665 Old clock at 31 E.; use for advertising purposes... 7938 3683

BALTIMORE & SUSQUEHANNA R. R. CO.— Charter history reviewed 9068 4318

BALTIMORE vs. PEAT— In re lot at Clark and Graves Sts.; lease of 1032 408

BALTO. & SWANN LAKE PASS'R RY. CO.— See Md. & Penna R. R. Co. BALTIMORE TERMINAL COMPANY— Lombard Street; permit for tracks on 8608 4077 Ordinance granting trackage rights in streets.... 4303 1814 BALTO., TOWSONTOWN, DULANY'S VALLEY & DELTA NARROW GAUGE RY. CO.— See Md. & Penna. R. R. Co. BALTIMORE UNION PASS'R RY. CO.— See Franchises and Grants; Street Railways. BANKS— See City Depositories. National. See National Banks. Stock of. See Appeal Tax Court; Corporations. Taxation of capital stock. See Gans Bill. BANKS, DAN'L B., ENGINEER— Fire Board's contract with, construed 9584 4570 BANKRUPTS' ESTATES— Tax claims against; status; adjustment; collection of 8725 4140 BARBERS' ACT— Construction of 3893 1624 BARTLETT-HAYWARD COMPANY— Ordinance authorizing certain tracks construed... 8136 3799 BASEBALL FIELDS IN PARKS— See Parks and Squares. BATH-TUB DRAINAGE— See Nuisances. BAYARD STREET— B. & O. tracks on; unauthorized grade changes.... 1850 724 30 OPINIONS OF THE CITY SOLICITOR

Par. Page BAT VIEW ASYLUM— See Almshouse; Ambulances; Commitments; Paupers; Tuberculosis; Vagrants; also Dead Bodies. Board of inmates— When and how chargeable 3015 1220 Contracts with inmates for 3015 1220 Controversy between architects and contractors for improvements at 9645 4599 Consumptives; commitments; power of Commis­ sioner of Health 5209 2233 Inmates; validity of agreements with 3026 1222; Isolation of syphilitic patient at 8773 4163 Release of persons committed to 2961 1200 Suits against physicians employed at; responsi­ bility for acts done in performance of their pub­ lic duties 5314 2287

BAY WINDOWS, BOW WINDOWS, ETC.— Regulations for construction of, construed 1389 534

BECKER, WM., & CO.— See Buildings.

BED OF JONES' FALLS— See Jones Falls. BEDS OF STREETS, ALLEYS, ETC.— See Abutting Property Owners; Alleys; Annex; Annex Improvement Commission; Building Materials in Streets; Appeal Tax Court; Burnt District; City Departments; City Sur­ veyor; City Engineer; Condemnation of Property; Contractors; Dedication; Deeds and Conveyances; Basements; Franchises and Grants; Gas and Electric Co.; Gas Mains and Pipes; Grades and Grading of Streets; Locomotives and Cars; Municipal Subways and Conduits; Nuisances; Obstructions; Opening, etc., Streets, etc.; Paving; Per­ mits; Public Service Corporations; Private Streets and Alleys; Sewers and Drains; Steam Railroads; Street Railways; Streets, Highways, etc.; Taxation of Property; Water. City has no control until actually acquired 7762 3594 Conditional deed of 4233 1782 Opening of. See Permits. Unopened istreets.—Buildings in. See Permits. JULY 1, 1903—JANUARY 1, 1911 31

Par. Page BEGGARS— See Almshouse; Paupers; Bay View Asylum; Vagrants. BELGIAN BLOCK PAVING— See Bithulithic Paving. BELT, ELIZABETH A.— See Stocks, Loans and Finance. BELT LINE TUNNEL— See Tunnels. BELT STREET— See Nuisances. BELVIEU AVENUE— See TJ. Rys. & Elect. Co. Ordinances relating to tracks on 7125 3272 BENEFITS— See Annex Improvement Act; Assessments; City Surveyor; Closing Streets; Condemna­ tion of Property; Damages; Interest; Open­ ing, etc., Streets, etc.; Paving; Streets, High­ ways, etc.; Western Cemetery. Assessments for. See Burnt District. Against State property 7211 3318 In opening, closing, grading or paving of streets 3410 1403 Not embraced by "tax exemption" clause 7313 3380 Notice in collection of 7305 3377 Ordinance providing for refund of invalid...... 7794 3607 Under Act 1910, Ch. 485 9233 4396 In Burnt District 1471 562 Commission may assess 1471 562 ' Property of Odd Fellows liable for 7313 3380 Opening, etc., Streets— When payable to and receivable by City Col­ lector 3640 1510 Benevolent institutions; assessable against 1576 604 City Register to certify to liens of. 1964 773 Fraternal organizations not exempt from 1576 604 Powers of Annex Improvement Commission 3410 1403 When City cannot refund 7795 3607 Plats for. See City Surveyor. Fees of City Surveyor for preparation of 3848 1602% Right of municipality to assess 9234 4397 Street Improvements— Asseessment of property outside city limits for. 9049 4307 Churches, hospitals, etc., not exempt from 1576 604 Set-off against damages disallowed 2173 856 32 OPINIONS OF THE CITY SOLICITOE

BENEVOLENT INSTITUTIONS— Par. Page See Benefits. BENTALOU STREET— See Frederick Road. Opening of, through St. Peter's Cemetery 4131 1735 BENZINE, NAPHTHA AND GASOLINE TANKS— See Oils, BETHLEHEM STEEL CO.— See New Sewerage System. ' Bond in re Sewage Pumping Engines 8212 3840 BIDDERS— See Contracts. Type of engine selected must fall within specifica­ tions 8448 3983 BIDS— See Advertisements; Board of Awards; Con­ tractors; Contracts; Extra Compensation; Materials and Supplies. BILL BOARDS— See Minor Privileges and Franchises; Permits; Signs. BILLIARD AND POOL TABLES— See Licenses. , License Fees— Fees which City may collect 9281 4420 Proper officer to collect 9282 4420 See Opinion of August 29,1906, in re Bowling Alleys 3799 1579 BILLS— For Assessments. See Assessments; Interest. For Taxes. See Taxation of Property. BIRTHS AND DEATHS— See Health. Inspection of records not an absolute right in the public 1350 521 BITHULITHIC PAVING— See Paving. BLACK POWDER— See Dangerous Articles; Gunpowder. BLACKSMITHING FORGE— Application for— v Advertisement held unnecessary 8490 4008 BLASTING— See Permits. Board of Public Safety controls 8693 4123 Quarries in Annex; power to regulate; permits.. 8635 4092 Permits for; inspection of work; cost of 8612' 4079 JULY 1, 1903—JANUARY 1, 1911 33

BLASTING—Continued: Par. Page Within city limits; ordinance regulating— 3049 121 4521 1914 "BLOCK OF GROUND"— See Annex; Taxation of Property. Definition of term; meaning in "Foutz Act" 261 104 BLOCK STREET DRAWBRIDGE— Erection of new bridge in place of 3112 1262 Harbor Board has jurisdiction over 6167 2742 Rights of property owners deprived of use of 3112 1262 BLOCKING OF SEWERS— See Sewers and Drains. BOARD AND LODGING— See Bay View Asylum. BOARD OF AWARDS— See Contracts; Paving. Control of departmental appropriations 2567 1024 Jurisdiction over Contracts— Construction of docks and piers 1709 655 Under Annex Act 3296 1353 Old materials from street repairs; disposal of.... 2236 881 Procedure where bid is withdrawn after opening, but prior to acceptance 4681 1990 Purchase of departmental supplies; evasion of its jurisdiction 979 383 Rejection of bids by; new advertisement necessary 5549 2353 . Splitting up of public work and supplies to evade jurisdiction 3100 1255 BOARD OF DIRECTORS— See Union Railroad Co. BOARD OF ESTIMATES— See Burnt District; City Council; Franchises and Grants; Laborers; Minor Privileges and Franchises; Ordinances; Permits; Police; Sewers and Drains. • Annual Ordinance of Estimates— Preparation of 3193 1304 Appropriations—Special— Control of 363 156 Failure to make pursuant to ordinance 3197 1305 Cannot be coerced by City Council 3199 1305 Carriage blocks; removal of; powers of Board.... 7310 3379 Controls use of steam railway motive power 1523 584 Franchises— For conduit space; must approve 1592 612 In City parks; has control of 1598 614

3 34 OPINIONS OF THE CITT SOLICITOR

BOARD OF ESTIMATES—Continued: Par. Page Franchises— Minor privileges granted by— .. 703 287 8416 3962 Minor privileges in streets and sidewalks 3246 1331 Refund of compensation for; procedure 3332 1370 Tax for; effect on easement tax 7421 3435 Grant to lay water mains; control of 6361 2849 Its powers defined 92 32 May authorize leasing of land by Park Board 6511 2936 May hear Councils through its committees 4087 1713 Officials or persons to whom Act 1906, Ch. 459, applies 4148 1743 Ordinance's reported unfavorably under Sec. 85.... 4103 1720 Per diem of city laborers cannot be fixed by 4088 1713 Permits from— For minor privileges; policy in granting...... 3661 1521 Revocation to abate nuisance- Hearing on petition for 5095 2183 Scaffolding over public highway 6342 2836 Temporary, pending passage of enabling ordi­ nance 6030 2667 To tap storm-water drains , 5179 2223 Board of Police Commissioners— Annual estimate for new improvements; modi- cation of 6801 3089 Estimate of annual expenses; modification of.... 6801 3089 Purchases of City property; to approve 7043 3227 Reduction of tax levy; duties in respect to 812 325 Salaries of subordinates in City departments 4148 1743 No jurisdiction over those of Fire Department.. 1380 531 Signs over sidewalks; conditions governing 1624 623

BOARD OF— Fire Commissioners. See Fire Department. Park Commissioners. See Park Board. Public Improvements. See Board of Estimates; Public Improvements. Must approve purchases of land for public improvements 7043 3227 Action on ordinances reported unfavorably under Sec. 85^ of Charter 4101 1719 Paving Ordinances; amendments to 2239 882 Public Safety. See Blasting; Permits. May exercise ministerial duties 8613 4079 JULY 1, 1903—JANUAET 1, 1911 35

BOARD OF—Continued: Par. Page Public works— Right to sell State Tobacco Warehouses 2413 959 School commissioners. See Schools; Salaries.

BOARDS— See Municipal Boards.

BOATS, VESSELS, ETC.— See Harbor Board.

BOLTON SQUARE (MT. ROYAL STATION) — See Park Board.

BONDHOLDERS— See Bonds. Powers of trustee under mortgage to represent.. 2076 815 Rights of where railway easement in turnpike is condemned for public highway 2859 1157 BONDING OF FEEDER CABLES— See Municipal Subways and Conduits.

BONDS— See Assessments; Appeal Tax Court; Bond­ holders; City Engineer; Contractors; Con­ tracts; Employees; Fire Department; In­ spector of Buildings; Lamps and Lighting; Lost Certificates; Paving; Releases; Stocks, Loans and Finance; United Railways and Electric Company. Approval of legal sufficiency by City Solicitor 2756 1111 Of penalty and suretyship to be endorsed on. .. . 3434 1410 City Engineer; must give bond 805 322 Contractors— Duration to cover patent infringements 8578 4060 Effect of— Application for reduction of; effect Act 1908, Ch. 163 '. 8212 3840 Changes in plans and work 8859 4209 Departure from terms of contract 5398 2332 Extension of time for completion of work.... 6087 2696 Using sewer not accepted by City 8994 4281 Liable for injuries to City property through neg­ ligence of contractor 6665 3012 Reduction of, upon completion of portions of work refused 8343 3916 Coupon Bonds; issue of, not authorized in lien of City stock; loans mentioned 3173 1293 36 OPINIONS OF THE CITY SOLICITOR.

BONDS—Continued: Par. Page Employees and Subordinates- Assessors; Appeal Tax Court 3431 1409 Proper custodian of 7915 3673 Discussion of provisions of law or ordinance re­ lating to : 2380 943 Of the Fire Alarm Telegraph System 2754 1110 Fire Department; payment of premiums on 2689 1080 Individual sureties lawful on 2756 1112 Inspector of Buildings, not required to give.... 3317 1364 Water Board employees 646 266 Water Rents & Licenses; not required of 649 266 Indemnity— Accompanying issue of permits 1980 779 Attitude of City as to 2405 956 For use of Hampden Reservoir grounds by Play­ ground Association 7271 3355 From railway company; narrowing of sidewalk and removal of awning by City on behalf of railway company 4309 1816 Policy of City in holding 2405 956 Surrender on completion of work refused 532 222 To secure City deposits in banks 8070 3758 Lost paving certificate; to protect City— 1847 722 2674 1073 Master Electrician's; required of head of Depart­ ment of Science of Polytechnic Institute 3894 1625 Mortgage to secure; proper parties in proceedings affecting 2076 815 Municipal fidelity; proper custodian of 7915 3673 Paving— Not to cover damages due to washouts 339 146 Purview of bond of contractor.. .• 1131 443 Refusal of surety to pay cost of repairs 9548 4552 Repairs to paving; liability of persons opening - street surface 3650 1516 Should not be returned to contractor 1132 443 Use of different materials in pavement repairs. 2433 966 Premiums on— Bethlehem Steel Co.; delay due to City's failure to complete pumping station; liability of City for 7244 3338 Bonds of officials and employees 2379 942 Of public officers; when paid by official and when by department 2691 1081 JULY 1, 1903—JANUARY 1, 1911 31

BONDS—Continued: Par. Page Premiums on— On contractors' bonds 6889 3139 Refunding when change of law voids contract... 6820 3094 Relief from payment denied contractor 6889 3139 When payable by City 7898 3666 Sureties on—(See Notice.) Alterations to signature of contract; assent re­ quired. . 6192 2756 Assignment of funds of contractor; assent re­ quired 4379 1849 Notice to, from City of claims against contractor 4121 1729 On bonds of City's depositaries 330 140 Pecuniary responsibility of not passed on by City Solicitor 2756 1112 Persons may be accepted as 3433 1409 Use of different materials in repairs to pave­ ments by contractor; assent required 2434 967 Taken by Commissioners of Finance.; 331 141 To secure certificates of deposit of City's funds.... 331 141 Under conduit lease in re Fentress & Mediary fran­ chise; release of obligor 5767 2528 BOND WIRES— See Electrolysis. BONES, RAGS AND SOAPFAT— See Garbage, House Offal and Refuse. BOOKKEEPING— City Register's authority to change method...... 8516 4022 BOOK OF RULES— See Park Board. BOOKS OF PUBLIC SERVICE CORPORATIONS— See Franchises and Grants. BOSTON STREET— Sewer excavation in 6554 2958 BOTTLING PLANTS— Not exempt from taxation 323 136 BOUNDARIES— See Burnt District. BOWLING ALLEYS— See Licenses. Sec. 6, Art. 33 (Code, 1893), in force 3799 1579 BOX DRAINS— See Nuisances; Sewers and Drains. In Jenkins Lane; overflow due to grading of streets 6035 2670 38 OPINIONS OF THE CITY SOLICITOR

Par. Page BRADFORD STREET— Acceptance of deed of bed of 5884 2589 BRANCHES OF CIT¥ COUNCIL— See City Council. BREACH OF CONTRACT— See Contracts. BREAD AND BREADSTUFFS— Bakers may attach labels to 1934 759 Size and weight not fixed by law 2393 949 BREAKING INTO HOUSES— See Nuisances. BRICK— See Buildings; Vitrified Brick. Dwellings. See Building Code. BRIDGES— See Art Commission; City Engineer; Condem­ nation of Property; Permits; Street Railways. B. & 0. R. R. footbridge at Lee Street 1860 728 Canton Ave. Bridge; control of Harbor Board 6167 2742 Closing of street; effect on 5978 2639 Dangerous or unsafe; condemnation of 4489 1900 Designs; City Engineer's control over 5228 2241 Eastern Avenue Bridge— Jurisdiction of Harbor Board 6167 2742 Removal of... 5978 2639 Edmondson Avenue Bridge— Double tracks on; enabling ordinance unneces­ sary 8079 3761 Removal of railway tracks to accommodate erec­ tion of; liability of railway company for cost of 4391 1855 West. Md. R. R. tracks under; permit for 128 43 Floors of; employment of laborers in lieu of car­ penters 5911 2606 Franklin Turnpike—Gwynn's Fails; Condemnation of 4474 1895 Gwynn's Falls— Widening of, over Frederick Avenue 5405 2337 Columbia Avenue Bridge; status of; removal of parapet and railing 3361 1385 Footbridges at Frederick Road on private prop­ erty , 853 339 Forfeiture of contractor's deposit for failure to bid on 5440 235S Light Street; repair of by railway company 2978 1204 Long Bridge; repairs to; obligation of City and of railway company 7508 347T JULY 1, 1903—JANUARY 1, 1911 39

Par. Page BRIDGES—Continued: Maryland Avenue, over P. R. R. tracks; ordinance necessary to change paving of 9404 4478 Overloaded by cars of street railway company.... 6205 2762 Patented features of construction; protection of City from suits for infringement 9270 4414 Penna. R. R. Co. at Patuxent and Eager Sts.; no permit necessary 3330 1369 On Private Streets— No permit required 3330 1369 Plans for; power to reject or approve designs. . 5228 2241 Public; So Held— Bridge spanning outlet to Race St. sewer 3308 1359 Though carrying traffic of private street 3308 1359 When 3308 1359 Bridge; bids for 9414 4483 Responsibility of City for condition of 2981 1206 Seventh Street Bridge over W. M. T. R. R.— City must bear cost of 8751 4152 Clearance above tracks required 8756 4155 and Merryman's Lane; removal of; in­ jury to new bridge; controversy with owner of old bridge' 7970 3700 Watchmen on; status under 8-hour law 5946 2623 BRINGING STREETS TO GRADE— See Grades and Grading of Streets. BRITISH STATUTES— George II, Ch. 19, Sec. 15, construed 4145 1742 BROADWAY AND FELL'S POINT MARKET— See Markets. BROADWAY INSTITUTE HALL— Heating and lighting for private use 6073 2688 BROADWAY INSTITUTE— Ordinance extending use of to social club held valid 8734 4144 BROADWAY AND LOCUST PT. S. F. CO.— ' See Health. Repairs to bulkhead at foot of Broadway 4662 1982 Transportation of ambulance of Health Department carrying persons with infectious diseases - 7547 3497 BROSSMAN'S PATENT SEWAGE FILTER— See Patents. BROWN, FRANK— Grant of franchise for railroad siding 6026 2664 40 OPINIONS OF THE CITY SOT.ICITOK

Par. Page BUILDING CODE— See Buildings; Building Lines; Inspector of Buildings; Permits. Sections Construed— Sec. 6, § 23— 8197 3834 : .... 8202 3836 8444 3980 Sec. 14,. § 7 8111 3783 Sec. 15, par. 7 7056 3233 Sec. 16, par. 11 8764 4159 Sec. 16, §§19, 20 9692 4623 Sec. 19, §§19 and 23 to 36 8232 3850 Sec. 20, § 5.- 9804 4687 Sec. 20, §8 8765 4160 Sec. 20, §§9, 10 7955 3692 Sec. 20, § 13 ,..". 8765 4160 Sec. 20, §§6 and 18 to 46, inclusive 8232 3850 Sec. 29, § 11— No binding force as to lines between pri­ vate property 8475 4000 Sec. 38, par. 4 , 7144 3280 Sec. 41, §§12, 13 • 7941 3685 Sec. 43— ..! 9689 4621 7559 3502 Sec. 43, § 2— 9689 4621 9691 4623 Sec. 45 6585 2972 Sec. 45, § 9 8487 4006 Sec. 45, par. 10— 7054 3232 :...-. 8487 4006 Sec. 45, §§ 11, 12— 7054 3232 8487 4006 Sec. 47, par. 6 7382 3415 Sec. 47, par. 12— 6612 2987 7361 3406 Sec. 47, par. 13— 7447 3447 7677 3554 Sec. 47, § 13 8490 4008 Sec. 53 7382 3415 JULY 1, 1903—JANUAKY 1, 1911 41

BUILDING CODE—Continued: SECTIONS CONSTRUED— Sec. 54, § 1— Par. Page 6741 3053 8142 3803 Sec. 54, §5 8416 3962 Sec. 54 § 6 6741 3053 Sec. 54, § 10— 7447 .3447 8201 3836 Sec. 57, §28 9631 4592 Sec. 58, §§ 3, 4, 5, 6, 8 9631 4592 Appeals from decisions of Inspector of Buildings.. 6917 3159 Amendment to general penalty clause proposed... 9632 4593 Construction in conflict with must be authorized by ordinance 8985 4276 Effect of— As to numbering of houses l 6516 2939 Of provisions covering plumbing on existing law 2438 968 Of subsequent passage of special ordinance in conflict with 6484 2922 On existing or previously authorized structures— 6476 2917 9689 4621 Use of existing buildings 9689 4621 Upon lease of Pier 2 to Atlantic Fruit Co 6484 2922 Upon special ordinance in conflict previously passed 6476 2917 Exits and stairways; capacity required 1325 508 In conflict with decree of Court 3612 1497 Livery stable; meaning of term in 6613 2987 Moving picture places; regulations construed 7558 3501 Partition walls in brick dwellings outside of fire area ,.. 4452 1977 Porches; requirements construed 7143 3280 Publication of held unnecessary .' 8011 3719 Tenement and apartment houses; provisions con­ strued 6585 2972

BUILDING COMMITTEES— v See Municipal Buildings.

BUILDING LAWS— See Building Code. 42 OPINIONS OF THE. CITY SOLICITOR

BUILDING LINES— Par. Page See Appropriations; Buildings; Burnt District; City Engineer; City Surveyor; Contingent Fund; Encroachments; Streets, Highways, etc. Building projecting over; duty of municipal author­ ities. . . . 4004 1673 Encroachments, at Marsh Market Space 2164 853 Establishment of— * Adversary user may effect '; 1114 437 Appropriations for 6147 2732 Burnt District; when established 2164 853 City Engineer; powers relating to..? 6145 2732 City Surveyor's fee for 7377 3413 Conflict in surveys 1116 438 Cost of establishing. 6147 2732 Data available in 6147 2732' Fees of City Surveyor for 2847 1153 Proper officer to establish— 1646 633 6145 2732 Surveys for; status of 1113 437 Hanover St., between Baltimore and Lombard Sts. 1951 768 Steps in "Burnt District" not to extend beyond; exception ' 2000 786 Steps projecting beyond prohibited. 1832 714

BUILDING MATERIALS IN STREETS— See Buildings.

BUILDING REGULATIONS— See Building Code; Buildings; Signs.

BUILDINGS— See Abutting Property Owners; Assessments; Appropriations; Benefits; Building Code; Burnt District; Building Lines; City Prop­ erty; Condemnation of Property; Con­ tractors; Contracts; Damages; House Con­ nections; Health; Hospitals; Inspector of Buildings; Insurance; Materials; Municipal . Buildings; New Sewerage System; Notice; Nuisances; Ordinances; Office Buildings; Paving; Permits; Poles and Wires; Private Property; Private Streets and Alleys; Plumbers and Plumbing; Schools; Sewers and Drains; Taxation of Property; Tene­ ment and Apartment Houses; "Water. JULY 1, 1903—JANUARY 1, 1911 43

Par. Page BUILDINGS—Continued: Alterations and Repairs— Converted into hospital.. 7056 3233 . Powers of Inspector of Buildings 9692 4623 To school buildings; appropriations for 5873 2584 City Buildings. See Municipal Buildings. Columns, Piers, etc.; regulations for construc­ tion 1389 534 Condemned Buildings— Proper party to receive keys after premises have been made safe by Inspector of Buildings; rights of lessor, lessee, assignee of lessee and sub-lessee 3767 1565 Repairs to; bill for collection of same 3765 1566 Constructed by Sewerage Commission; plans for; supervision of construction of 9190 4375 Construction— On private property 2035 801 Partition walls in brick buildings 4650 1976 Curtailed by Burnt District improvements 1494 574 Foundations of; borings for; cost of S230 3849 Dangerous or Unsafe— Bills for demolition of; when collectible; lien for 4162 1748. Condemnation of; process to be directed against owner of record.. 375 1612" Cost of demolition; funds out of which payable... 4153 1745 Definition of in light provisions of City ordi­ nances 3672 1527 Ejectment of tenant in course of demolition.... 2924 1188' Lien for costs of demolition— 4151 1745 4154 1745 •. .. . 4158 1747 4168 1751. , 4174 1754 Lien for work of making safe; procedure of In­ spector of Buildings 5618 2445 Powers of Inspector of Buildings 2731 1101 Procedure of Inspector where' property is in liti­ gation 8435 3975 Rights of tenant in possession not affected by condemnation of 3767 1565 When use of is changed rendering unsafe; duty of Inspector of Buildings. 2731 44 OPINIONS OF THE CITY SOLICITOR

BUILDINGK—Continued: Par. Page Excavations for. See Excavations. Exceeding ten feet; underpinning of adjoining property 8765 4160 Highway rendered unsafe by 2667 ,1069 Fire Escapes; when Inspector of Buildings may require installation of 2731 1101 Footings of, on City Piers; lessees restricted to rented area 6787 3078 Foundations of— Injury from settlement due to excavation of 'sewer trench; liability of City and contractor to abutting owner— 770;2 3568 7715 3572 9300 4431 Settling of building, due to dredging channel at bulkhead 6133 2727 Frame Buildings— Building regulations applicable to 4649 1976 Restrictions as to, in Annex - * 290 120 Height of; Act restricting cited 4353 1838 Hospital Buildings— Additions to; do not require ordinance approv­ ing 1726 661 Alteration of building used as such 7056 3233 ^ Inspector of. See Inspector of Buildings. Materials. See Markets; Permits; Streets; .High­ ways; etc. Must not interfere with use of market- stalls. ... 3314 1363 Nature of, right to occupy street with 3314 1363 Power of City to compel removal to accommo­ date street improvements 9196 4378 Sewerage Commission may compel removal of. . 9196 4378 Use of street pending building 5025 2154 f TMon-Fireproof; not to exceed height of 85 feet, un­ less authorized by special ordinance 4031 1685 Old Buildings; on property acquired for public im­ provements; removal of 5407 '2338 Permits. See Permits. Plans. See Plumbing. .School. See Schools. Show Windows; regulations for construction of.. 1389 534 Turnstile Doors; prohibition of use of 2159 850 Unauthorized Construction; prosecution of offen­ ders , 5215 2236 JULY 1, 1903—JANUAEY 1, 1911 45

BUILDINGS—Continued: Par. Page Schools. See Schools. Undermining by water pumped in construction of sewer 6552 2957 Underpinning of— Pending construction of sewer; obligation of contractor • 6554 2958 "When separated by alley; notice to underpin; default of adjoining owner; duty of Inspector of Buildings; lien 7954 3692

BULKHEADS— See Docks, "Wharves and Piers; Fences; Notice. At foot of Broadway; company required to repair. 4668 1983 Harbor Board to enforce repair of 4671 1985 Obligation of City to maintain at O'Donnell's Wharf. 4902 2102 Of Piers; superstructures on, prohibited 4715 2008 Private. See Ordinances. Failure of owner to repair; notice to repair; procedure against owner—• 7755 3590 7758 3592 Settling of building on, from dredging channel. 6133 2727 Repairs to. See Harbor Board. And Wharves; procedure of Harbor Board to prevent injury to, from dredging of channel. 6133 2727

BUNK RENT— See Contractors.

BURNT DISTRICT— ,See Awnings; Appropriations; Assessments; Benefits; Buildings; City Council; City En­ gineer; City Property; City Surveyor; Con­ demnation of Property; Damages; Em­ ployees; Grades and Grading of Streets; Leases; Municipal Subways and Conduits; Paving; Permits; Sidewalks and Footways; Signs; Streets, Highways, etc.; Taxation of Property; Vaults and Areas. Assessments for Benefits— Adjustment of interest on 4492 1902 Churches, hospitals, etc., must pay 1576 604 When payable and receivable by City Collector. 3640 1510 Boundaries of, defined 2107 828 46 OPINIONS OF THE CITY SOLICITOR

Par. Page BURNT DISTRICT^Continued: Building construction in 1389 534 Burnt District Commission Act (1904, ch. 87), con­ strued 2127 837 Section 2 1705 654 Section 6 1715 657 Section 9— 2037 802 6643 3003 , Section 13 3639 1510 Section 14 7305 3377 Section 29 2104 828 Condemnation of property under 2354 930 Construed in re the power of City Council to amend ordinance relating to widening of streets in B. D 1097 430 Damages and benefits under 2173 856 Grade changes under; reimbursement of owners denied 1570 601 Sale of land not needed for improvements com­ pulsory 4448 1882 Burnt District Commission— Board of Estimates has no jurisdiction over 4400 1859 Compensation of City employees for extra work. 1551 593 Compensation of expert assessor 2186 863 Concord St.; closing bed of, for market 2222 876 Damages allowable for curtailment of part of building 1494 574 Damages and,benefits for necessary alterations. 1471 562 Disposal of property taken by 4737 2019 Dissolution of— Not to affect disbursement of its funds 5378 2316 Payment of bills incurred after 5378 2316 Upon completion of work '. 4767 2034 Dock construction and leases; powers in 1676 646 Plans of; binding on Harbor Board in construct­ ing improvements 2128 . 837 Powers to convey land after completion of its active duties 6643 3003 Powers of; relating to docks and wharves 2127 837 Property condemned by; acquisition of fee and leasehold 1714 656 Property taken by;-disposal of .' 4737 2019 JULY 1, 1903—JANUARY 1, 1911 47

BURNT DISTRICT—Continued: Par. Page Burnt District Commission— Salaries of; not payable' out of special appro­ priation for widening of Light Street 4398 1858 Sales to; not void for personal interest of mem­ bers 1835 715 Grade ordinances relating to 8482 4004 Grading and Paving in; fees of City Surveyor... 1451 555 Improved Sidewalks in— Interpretation of ordinance— : 7317 3382 8499 4013 Test case under Ord. 245, April 24, 1905 7326 3387 Ordinance empowering Burnt District Commission to widen streets in; power of City Council to amend 1093 429 Regrading and repaying in; by street railway Co.; cost thereof 1628 625 Sale of land acquired in widening Light St 6648 3004 Sales to Commission distinguished from condemna­ tions by , 1835 715 Sidewalks in; minor repairs to 7319 3383 Signs over sidewalks in 1624 623 Signs at kerb line of streets unlawful in 8267 3869 Storm Doors beyond building line prohibited 8485 4005 Surveys in. See City Surveyor. Surveyor's compensation for 2846 1152 Taxation of Property in— Reassessments; "escaped" and "omitted" prop­ erty defined 1878 736 Valuations for; Charter restrictions 1878 736 Vaults under sidewalks in 1389 534 When construction of steps beyond building line is permitted 2000 786

BURYING GROUNDS— See Cemeteries.

BUSH STREET CHANNEL— Dredging of; consequential injury to bulkhead.... 6133 2727

BUST OF ADMIRAL SCHLEY— See Schley Bust.

BUTCHER LANE— Grade and sewer relocation on 724 295 48 OPINIONS OF THE CITY SOLICITOR

CABLES IN MUNICIPAL CONDUITS— Par. Page See Municipal Subways and Conduits. CABLE CONDUITS— Ownership of; attitude of City S976 4272 Railway company to bear cost of removal 8976 4271 Removal to accommodate new sewerage system.. 5781 2536 CALHOUN STREET— Conversion of bed of to park uses 4622 1961 CALLOWAY RESERVOIR SITE— See Reservoirs. CALVERT STREET— Opening of, from N. Ave. to 20th St 9753 4655 CAMERON SEPTIC TANK See New Sewerage System; Patents; Sewerage. CAMPBELL, J. VERNON— See Numbers of Houses. CANS— See Inspections. CANTON AVENUE— See Bridges. B. & 0. R. R. Co.'s tracks on 6687 __ 3025 Cars stored on 675 * 278 , Penna. R. R. tracks on 6381 2860 Proposed connecting track to sewerage pumping station on 6691 3026 Railway franchises on 6380 2859 CANVASSERS— See Licenses; Hawkers. CAPITAL STOCK OF CORPORATIONS— See Corporations. CAR BARN— See Permits— Dangerous conditions in 3674 1528 CARNEGIE, ANDREW— Ordinance accepting gift of money for Free Library construed 4499 1906 CARPENTERS— See Bridges. CARPET BEATING— See Nuisances. CARRIAGE BLOCKS— See Board of Estimates. •Removal of; powers of City 7310 3379 CARRIAGES— See Licenses; Vehicles. — See Parks and Squares. JULY 1, 1903—JANUABT 1, 1911 49

CARS— Par. Page In Streets. Seo Locomotives and Cars. Of Street Railways. See Street Railways. CARTS— Dropping of materials in street from; liability of owner or driver 6830 3106 CASES REMOVED TO BALTIMORE CITY— See Costs; Fines, Penalties and Costs. CATCH BASIN STONES— See New Sewerage System; Patents. CATHARINE STREET— Injury to Frederick Turnpike by flow of surface water in paving of 5465 2371 CATS— No laws or ordinances in Maryland relating to.... 4844 2077 CELLARS— See Nuisances; Sidewalks and Footways. Doors of— Obstruction of sidewalk by 2635 1055 When a nuisance on footways 2390 946 Dangerous excavation; duty and powers of Inspec­ tor of Buildings 3241 1328 Flooding of— By underground drainage 6441 2892 Not a nuisance per se 6823 3100 CELLAR DRAINERS— Water Board may abate tax in abatement of nui­ sances 8477 4001 CEMENT— See Contracts: CEMETERIES— See Streets, Highways, etc. Extending in bed of street; prohibition against opening street through 4133 1736 Restriction upon establishment of in or near City limits 3991 1667 CENTRAL AVENUE— Steam railway motors on 1508 580 CENTRAL RAILWAY COMPANY— ' See Street Railways. CENTRE MARKET— See Markets. CERTIFICATES— Death. See Health. Of Deposit. See Bonds; Stocks, Loans and Finance. Of Incorporation. See Corporations.

4 50 OPINIONS OF THE CITY SOLICITOR

CERTIFICATES—Continued: Par. Page Master Electricians. See Master Electricians. Master Plumbers. See Plumbers and Plumbing. Ordinances, Certification of. See Ordinances. Paving. See Bonds; Paving. Relating to Insane Prisoners. See City Jail. Stationary Engineers. See Stationary Engineers. Of Stock. See Stocks, Loans and Finance. Vaccination. See Vaccination.

CERTIFIED CHECKS— See Contracts. Must accompany bids •. ;.. .. 9627 4590

CESS-PITS AND POOLS— See Nuisances. CHANGES IN STREET GRADES AND GRADING— See Grades and Grading of Streets. CHANNEL (BUSH ST.)— Dredging of; injury to bulkhead 6133 2727

CHAPMAN COAL COMPANY— In re contract for coal at Light St. Bridge draw... 6812 3093

CHARGES AGAINST MUNICIPAL OFFICIALS— See Mayor; Municipal Officials.

CHARITABLE INSTITUTIONS— See Water. CHARITIES AND CORRECTIONS— See Insane; Supervisors of City Charities. CHARITY FESTIVALS— Use of Mansion House at Clifton Park for 1160 454 CHARLES AND ST. PAUL STREETS— Open cut of Belt R. R. at ' 5157 2211 CHARLES STREET— See Annex; Belt Railroad; Poles and Wires; Sidewalks and Footways; Street Railways. Paving guarantee covering 9556 4556 Status between North Ave. and northern city limits 5815 2553 CHARTERS OF PUBLIC SERVICE CORPORATIONS— See under heads of the various corporations. CHECKS— See City Depositories; Contracts. JULY 1, 1903—JANUARY 1, 1911 51

CHESAPEAKE BAY AND TEIBUTARIES— Par. Page See Drainage and New Sewerage System. Discharge of effluent from new sewerage system into bay and its tributaries after purification not in contravention of New Sewerage Act. 2837 114& Emptying of house drainage into prohibited under Sewerage Commission Enabling Act 5497 238ft Increasing flow of crude sewage into 8990 4279 Prohibited by New Sewerage Act 7058 3235 CHESAPEAKE & POTOMAC TELEPHONE CO.— See Electrolysis; House Connections; Munici- pay Subways and Conduits; New Sewerage System; Permits; Poles and Wires; Sewers and Drains. Agreement with City as to wires in subway district construed 2708 1089' Conduits— Annual charge for additional conduits 454 195- Cost of adapting system to municipal subway improvements 6704 3032 Frederick Road— Conduit rental charges • 9395 4472 Permits for laying conduits in 9401 4476 In Franklin Street 4007 1675 New Sewerage System; removal of to make way for— 3736 1554 3746 1557 Under St. Paul St. Bridge 3437 1411 Taxation of, in Annex 267 105 Manhole; cost of removal 1869 733 Right to erect new poles outside subway area.... 1228 476 Status of pole and conduit system in Franklin Street 4007 1675 Taxation of poles on Charles St. and York Rd 5800 2546

CHEWING GUM SLOT MACHINES— See Minor Privileges and Franchises.

CHILDREN— See Kindergartens; Non-Residents; Schools. Adoption of— Form of indenture for Department of Charities. 3938 1643 Visitorial duties of Department of Charities cease upon 3937 1643 "Children's Country Hospital School"; status of... 9854 4715 52 OPINIONS OF THE CITY SOLICITOR

CHILDREN—Continued: Par. Page Destitute and Neglected— Placing in private families; indentures; visita­ torial duties of Department of Charities 3941 1645 Playgrounds for— Contract for maintenance of 7232 3330 Ordinance establishing not. authorized by City Charter. .' 1057 415 Use of funds for to maintain kindergarten to in­ struct smaller children in games 7236 3332 Use of Hampden Reservoir Grounds— Indemnity bond for claims against City 7271 3355 Appropriation for 8587 4065 Of Non-Residents. See Non-Resident Pupils. CHILDREN'S PLAYGROUND ASSOCIATION— See Children. CHIMNEYS— See Inspector of Buildings; Nuisances; Smoke Nuisance. In state of nuisance 429 185 CHROME WORKS— See Docks, Wharves and Piers. CHURCH PROPERTY— See Taxation of Property. CINDER PATH OR EOOTWAY— See Annex; Sidewalks and Footways. CINDERS AND SMOKE— See Ashes; Smoke Nuisance. Chimneys emitting; regulations applicable 2905 1178 CIRCULARS AND SAMPLES— No ordinance regulating distribution of ' 5993 2647 CITIZENSHIP— Restrictions in municipal contracts invalid 5373 2314 CITIZENS— See Gas Mains and Pipes. • CITY BLOCK— Average length of 2657 1064 Definition of term ' 261 104 CITY BUILDINGS— See Buildings; Inspector of Buildings; Munici­ pal Buildings; Plans. CITY CHARTER— See Charter and Miscellaneous Local Laws. JULY 1, 1903—JANUARY 1, 1911 53

Par. Page CHARTER AM) MISCELLANEOUS LOCAL LAWS— See Acts of Assembly. Copies of; regulations governing distribution of.. 399 173 Effect on Prior ordinances 22 7 Franchise ordinances; requirements for 2116 833 How to be construed; effect on existing laws 2087 820 Ordinances in conflict therewith repealed 967 379 When its provisions have force beyond city limits. 4656 1979 Sections Construed— .. Section 2 2804 1133 Section 3 174 63 Section 4 2774 1120 Section 6— Ill 38 628 260 1389 534 1815 704 ' 1888 740 3974 1578 Section 6, sub-sec. 1— 238 92 645 265 9137 4353 Section 6, sub-sec. 4— 1054 414 3824 1593 9048 4307 Section 6, sub-sec. 5 1147 449 Section 6, sub-sec. 8— ~. 1695 651 9049 4307 Section 6, sub-sec. 9— 310 131 1048 412 . 3915 1634 Section 6, sub-sec. 10 9049 4307 Section 6, sub-sec. 11 1906 747 5011 2149 , Section 6, sub-sec. 13 173 63 Section 6, sub-sec. 14— 1091 428 6264 2798 8454 3987 9466 4508 54 OPINIONS OF THE CITY SOLICITOR

CHARTER AND MISCELLANEOUS LOCAL LAWS— Continued: Sections Construed— Par. Page Section 6, sub-title 15— 7115 3268 9520 4539 Section 6, sub-sec. 16— _ 1048 412 ' 1153 452 4545 1927 6125 2721 7425 3443 8537 4035 Section 6, sub-sec. 17— 2245 885 2261 889 Section 6, sub-sec. 18— 238 92 1052 413 1783 685 • 1870 733 5962 2631 8658 4105 Section 6, sub-sec. 20 3626 1504 , Section 6, sub-sec. 21 1523 584 Section 6, sub-sec. 22—• : 1047 412 9048 4307 Section 6, sub-sec. 23— ' 3490 1434 4094 1716 6842 3113 7163 3293 Section 6, sub-sec. 24 7073 3245 Section 6, sub-sec. 25— 926 367 • 3708 1542 4189 1762 6631 2998 Section 6, sub-sec. 26— 204 76 , 210 78 911 360 1241 480 .... 3027 797 3246 1331 3410 1403 5257 2258 JULY 1, 1903—JANUARY 1, 1911 55

CHARTER AND MISCELLANEOUS LOCAL LAWS— Continued: Sections Construed— Par. Page Section 6, sub-sec. 26 (C)— 5319 2289 8120 3789 Section 6, sub-sec. 26 (I) 6516 2939< Section 6, sub-sec. 28— 786 317 902 356 1290 493 2887 1172. Section 6, sub-sec. 30— 2653 1063 2890 1173 4995 2141 9150 4357 Section 6, sub-sec. 31— 1053 414 7349 3400. Section 7— 127 43 ;.. 704 287 1530 586 1595 613 1684 648 1772 681 '. 7437 3443 Section 8-— 1530 586. 1598 614 1689 649 1772 681 7437 3443 Sections 9-11— 1530 586- :. 1598 614 1772 681 Sections 12, 13 1773 681 Section 13— 1700 652 1811 702; 3761 1562 5408 2338 6557 2959 Section 14— 2203 2096869- 42948953 18020989. 56 OPINIONS OF THE CITY SOLICITOR

CHARTER AND MISCELLANEOUS LOCAL LAWS— Continued: Sections Construed: Par. Page Section 14 . 5704 2493 8099 3774 8618 4082 Sections 14-15— 227 86 980 384 1709 655 2663 1067 3295 1353 3380 1392 3880 1620 9140 4354 Applicable only to contracts specified 4000 1671 Applicable to contracts of Annex Improvement Commission 5054 2166 Articles held under a monopoly 3391 1395 Articles of exclusive manufacture 5865 2581 As affecting powers Annex Improvement Com­ mission 5039 2159 Elevation of tracks of U. Rys. & E. Co. over road in Wyman Park— 4051 1694 4054 1696 Replacing defective materials furnished under contracts 2526 1008 Splitting of public work and supplies to avoid provisions 3100 1255 Where work is done by City Engineer's De­ partment 3880 1620 Work done by a municipal department by day labor 4000 1671 Work done by labor of prisoners of City Jail. 3069 1241 Section 15 ; 9627 4590 As to certified checks 4021 1682 Section 20— 287 118 1578 605 Section '21, 22 1668 643 Section 22 2613 1046 Section 23 4474 1895 Sections 24, 25 1668 643 JULY 1, 1903—JANUARY 1, 1911 57

CHARTER AND MISCELLANEOUS LOCAL LAWS— Continued: Sections Construed: Par. Page Section 25— 351 152 1578 605 1657 638 2277 895 2514 1003 2613 1046 Section 26— 406 176 691 283 1134 444 2187 863 2340 924 3320 1365 4085 1712 7012 3210 Section 27 4702 2002; Section 28— 746 301 2357 931 3318 1364 5654 2464 7195 33H* Section 30— 145 50' 350 151 Section 31— 145 50 347 150 1675 645 2514 1003 i2613 1046 3297 1353 3318 1364 3430 1409 5262 2259 Section 33 ' 4702 2002: Section 34— 197 72 '. 586 246 1711 655 4702 2002; 5012 2149 6748 3056 7915 3673 Section 35 4702 2002: 58 OPINIONS OF THE CITY SOLICITOR

CHARTER AND MISCELLANEOUS LOCAL LAWS— Continued: Sections Construed: Par. Page Section 36— 85 31 366 157 534 223 549 229 816 327 926 367 966 379 2177 858 2566 1024 .. 3303 1356 3965 1656 4190 1762 5057 2167 6804 3090 ;. 8314 3901 8520 4024 Section 37— 1530 586 1595 613 1692 650 1772 681 1888 740 :. 2120 834 3246 1331 3820 1591 4177 1757 4905 2104 5240 2250 8416 3962 8782 4167 Section 39. ... 6011 2657 ' Section 40 1170 457 Section 41— 765 311 967 379 Section 42 1170 457 Section 43 4297 1810 Section 46. 730 297 Section 48 902 356 Section 52— 519 217 : 1170 457 Section 54 522 218 Section 57 517 217 Section 58 1170 457 JULY 1, 1903—JANUARY 1, 1911 59

CHARTER AND MISCELLANEOUS LOCAL LAWS— Continued: Sections Construed: _ Par. Page Section 59— 444 191 647 266 1636 628 6872 3129 Section 68 8613 4079 Section 69— 307 129 1148 449 1380 531 4148 1743 5456 2367 Section 71— 391 169 2536 1013 5636 2454 6584 2972 Section 73 •... 1936 760 Section 77 1560 597 Section 79— 239 92 ". 1329 512 5482 2378 .. 6584 2972 7561 3502 9137 4353 Section 80— 1329 512 2731 1101 7561 3502 Section 81— : 1329 512 2732 • 1101 Section 82— 239 93 429 185 1329 512 3318 1364 Section 83— 206 486 >.. 1796 691 3988 1666 6173 2746 Section 84 305 128 .Section 85— 165 60 206 76 60 OPINIONS OF THE CITY SOLICITOR

Par. Page CHARTER AND MISCELLANEOUS LOCAL LAWS— Continued: Sections Construed^ Par. Page Section 85 365 157 911 360 3071 1241 3414 1404 4103 1720 Section 8'6— 211 78 1796 691 2766 1116 2880 1168 3405 1401 5228 2241 5598 2434 5834 2562 9092 4332 Section 87— 2383 944 ..... 5630 2450 9151 4357 Section 88— 1709 655 5629 2450 " 5654 2464 Section 89— 1109 435 2296 907 5045 2162; 5482 2378 , 9190 4375 Section 90 628 260 Sections 90-97, inclusive 4545 1927 Sections 90 to 98 4039 1688 Section 91— 271 108 1051 413 .' 1555 595 1598 614 2578 1030 Sections 91, 92— 1157 453 .. 1721 659 :.... 9306 4433 Section 92— ... ' 954 373 5486 2380 6307 2818: JULY 1, 1903—JANUARY 1, 1911 61

CHARTER AND MISCELLANEOUS LOCAL LAWS— Continued: Sections Construed: Par. Page Section 93 9121 4346 Section 95 948 372 Section 97— 694 284 . 954 373 9815 4693 Section 98 955 374 Section 99— 230 88 , 2299 908 ., 3161 1285 i 3286 1448 3381 1392 5869 2583 6290 2810 9514 4536 Section 100 2'300 908 Section 101— 2301 908 8581 4062 9513 4536 Section 104— 201 471 : 3020 1221 Section 105 3710 1544 . Section 107— 3710 1544 3937 1643 Section 108— 2964 1199 3021 1221 Section 114 758 307 Section 117 • 3024 1222 Section 118 586 246 Section 144 3526 1452 Section 146 2278 895 Section 148 2702 1086 Section 150 ' 248 97 Sections 151, 152 and 153 4554 1932 Section 156 ' 1223 473 Section 165 480 204 Sections 156, 157, 160, 166 and 167..". 1374 529 Section 168 - 8094 3771 Section 171— , 251 98 1209 470 1875 735 6363 2851 62 OPINIONS OF THE CITY SOLICITOR

CHARTER AND MISCELLANEOUS LOCAL LAWS— Continued: Sections Construed— Par. Page Section 172 2277 895 Sections 172 to 192, inclusive 9753 4655 Section 175— 3416 1404 4896 2100 Section 177 8001 3714 Sections 177, 181, 182, 183, 184, 185 1964 773 Section 180 3094 1251 Section 182— 4723 2013 7305 3377 Section 193— 5023 2153 5183 2225 Section 196 , 2460 977 Section 197— 2133 840> 2319 916 Section 202— 1762 678 4569 1939 Section 203 ... 5229 2242: Section 204 498 209 Section 205— ... 2900 1176 5264 2260 Section 206— 6075 2689

r 6486 2923 Section 207 .' 1748 670 Section 208 2321 917 Section 212' 7425 3437 Sections 214 to 218, inclusive. 9160 4361 Section 216— 992 390 7764 3595 Section 217— 7424 3437 7766 3596 Section 218 992 390' Section 221— 82 30 288 118 2180 859 7764 3595 ., 9160 4361 Section 265 6653 3007 JULY 1, 1903—JANUARY 1, 1911 63

CHARTER AND MISCELLANEOUS LOCAL LAWS— Continued: Par. Page Sections Construed: Section 281 3993 1668 Sections 294, 296 3690 1535 Section 298 9729 4642 Sections 426-430 6526 2943 Sections 431-437— 4664 1982 8647 4099 Sections 449 to 456, inclusive 1603 616 Sections 451-454, inclusive; 456 113 38 Section 463— 3638 1509 8015 3722 Sections 486 to 490, inclusive— 137 46 141 49 3262 1337 3490 1434 Sections 505, 506 8325 3907 Section 509 9272 4415 Sections 509-515 6620 2992 Section 517 2465 981 Section 538 8740 4147 Section 541. 2363 933 Sections 574-580 170 62 Sections 600, 601 173 62 Section 630 5667 2470 Section 632 9430 4491 Section 649— 2513 1002 6521 2941 Sections 658, 659, 660 9277 4419 Section £78 5249 2254 Section 740 949 372 Section 741. 949 372 Section 747 6804 3090 Sections 770, 776, 777, 778, 786, 788 6807 3091 Section 776 C. a 9529 4567 Sections 791, 792— 2387 946 5353 '2305 Sections 797 to 800— 1566 599 3180 1298 3622 1501 9815 4693 64: OPINIONS OF THE CITY SOLICITOR

CHARTER AND MISCELLANEOUS LOCAL LAWS— Continued: Sections Construed: Par. Page Sections 808-811— 4688 1994 6280 2805 6542 2952 Section 820— 1541 590 1758 676 1973. 777 2446 972 ....'. 2868 1161 Section 824 G : 9530 4544 Section 826 926 367 Section 828— 6497 2929 9753 4655 Section 829 9753 4655 . Section 833. . 6537 2949 Section 835 ..... 1790 689 Section 839. , 7509 3477 Section 840— 318 134 3129 1271 3927 1639 : 6976 3195 Sections 841 A to J .... 7899 3666 Section 841 P 9340 4447 Section 841 U— 6177 2747 7595 3519 Section 844 2454 975 Section 846 1778 682 Section 860 A 8781 4167 Sections 865 to 879— 2961 1199 3024 1222 3090 1250 Section 868 757 307 CITY CODE— Copies of; distribution of 399 173 CITY CODE (1879)— Art. 7, Sec. 30, construed 7572 3506 CITY CODE (1893)— Sections construed— Article 1— Section 7 1578 605 Section 14 991 389 Section 18 2322 917 Sections 37, 38 2322 917 JULY 1, 1903—JANUABY 1, 1911 65

CITY CODE (1893)—Continued: Sections Construed— Par. Page Article 1— Section 42 ...: 695 284 Section 48 6229 2776 Section 49— 146 51 2381 943 Sections 49, 50, 51 3321 1365 Section 52 2342 925 Section 54 144 50 Section 61 7263 3349 Article 4— Section 30 2380 943 Article 7— Section 2A 1329 512 Section 4, par. 1 9137 4353 Section 5 3241 1328 Section 6— 974 381 \.... 2416 960 2886 1171 Section 8 975 381 Section 10 ' 975 381 Section 35 829 332 Sections 66A, 66B, 66C ,. 240 93 Section 78 2732' 1101 Section 79 1329 512 Section 81— 828 332 : 2596 1039 3687 1533 Section 82 ' 9264 4454 Section 84 ,. 1329 512 Section 85 • '. 9264 4454 Sections 94, 94A, 94B— ' 188 68 2734 1101 3673 1527 , Section 100— i 2993 1211 4310 1816 7572 3506 Section 104 1888 740 Article 8— Section 15 582 244 Section 15 : 3043 12'29 5 66, OPINIONS OF THE CITY SOLICITOR

CITY CODE (1893)—Continued: Sections Construed— Article 8— Par. Page Section 22— 582 244 3043 1229 Section 29— 1636 628 3995 1669 Section 31 3995 1669 Section 32— 582 244 3995 1669 Section 33 .. 663 272 Section 39 3687 1533 Sections 40, 41.-... .• ...:...... ;....: 831 332 Article 9— Section 3 : 430 186 Section 19 2810 1135 Article 11— Section 4 , : 968 379 Section 12— ;,....- 435 187. :..:...; 3010 1217 Article 20— Section i ... 1148 449 Section 5 1149 449 Section 6 1560 597 Section 8 434 187 Section 11 1496 575 Section 18 ., 1150 450

Section 36 ;..... : 2825 1141 Section 37 :...... •...' 1953 769 Sections 41-43— 2754 1110 !... 1953 769 Section 45 2264 890 Section 48B • 1953 769 Section 57 3672 1527 Section 65--- 2233 880 .." , 3047 1231 Sections 69-73, inclusive 115 39 . ' Section 71 2045 805 Section 72— 1603 616

t 1745 669 .* 2046 805 JULY 1, 1903—JANUARY 1, 1911 67

CITY CODE (1893)—Continued: Sections Construed— Article 20— Par. Page Section 75— 115 39 200 74 1603 616 2232 880 3047 1231 Sections 107-109, inclusive 1746 670 Article 22— Sections 8, 9 1760 676 Article 23— Section 4 2346 927 Sections 9-14 3626 1504 Section 24— 136 46 278 112 310 131 , 724 295 1081 424 : 1308 500 1428 546 1828 712 .: 1925 755 2'446 972 2729 1099 3272 1342 3490 1434 3630 1505 . . 3657 1519 '.. 3678 1530 4097 1717 Section 25— 278 112 724 295 '... 1081 '424 Section 36 3657 1519- Section 38— 724 295 1082 424 3490 1434 Section 39 3490 1434 Section 4471 — 1082 424 1796 691 1831 713 68 OPINIONS OF THE CITY SOLICITOR

CITY CODE (1893)—Continued: Sections Construed—- Article 23— Par. Page Section 52'— 1925 755 2623 1051 Section 53 2623 1051 Sections 56-58 2623 1051 Sections 60-62 2623 1051 Section 74— 141 49 :• 3490 1434 Sections 75, 77, 79, 80 2623 1051 Section 89— 717 292 ...' 3807 1584 4407 1863 Sections 90-93 717 292 Sections 104, 124 2623 1051 Section 139 5636 2454 Section 175 1443 552 Section 185— 1541 590 2439 969 2865 1160 Sections 1&6-193, inclusive— 1541 590 2439 969 Section 189 389 169 Section 191 391 169 Section 199 3692 1536 Article 25— Section 4 1726 661 Article 28— Section 4 2365 934 Sections 10, 11 65 22 Section 12— 65 22 2571 1027 Sections 25-27, inclusive 115 39 Sections 33-39 2970 1201 Sections 39, 40 2012 793 Sections 42 and 48 1504 578 Article 30— Sections 4,5 1906 747 Article 33— Section 5— 1691 428 3795 1578 JULY 1, 1903—JANUARY 1, 1911 69

CITY CODE (1893)—Continued- Sections Construed— Par. Page Article 33— Section 6 3795 1578 Section 10 3957 1652 Sections 22, 26 2724 1095 Article 35— Section 3 906 357 Sections 17, 21 3547 1464 Section 64 890 352 Section 87 894 353 Section 148 894 353 Article 41— Sections 1-6—• 439 189 .' 675 278 Section 13"— 675 278 2275 894 Section 16 7339 3396 Section 20 1850 724 Section 34— 856 340 \ 1628 625

s. . 3478 1428 Article 42— Section 6 3693 1536 Section 9 1350 52*1 Article 45— Sections 1-25 3490 1434 Section 28— 1018 402 ' 1973 777 Section 29— '. 1018 402 1973 777 Article 47— Section 4 4099 1718 Section 13 765 311 Section 15 , 2250 886 Section 16 .. i 967 379 Article 48— , Section 28— 769 312 1451 555 Section 29— 207 77 769 312 70 OPINIONS OF THE CITY SOLICITOR

CITY CODE (1893)—Continued- Sections Construed— Par. Page Article 48— Section 29 1451 555 1920 753 2680 1075 Section 30— 209 78 912 360 Section 34 9364 4454 Section 35— 612 255 3813 1587 Section 38 753 304 Section 40 4010 1677 Section 44 425 184 Section 45— 913 360 3234 1324 3817 1589 4010 1677 6513 2939 Sections 46, 47 6514 2938 Section 48— 3963 1655 4010 1677 Sections 50, etc.— 3055 1235 .- 9364 4454 Sections 51-57 874 346 Section 61— ".... 2031 799 .?.' 2747 1108 9364 4454 Sections 61 A-61 K 209 78 Section 61 B 2203 869 Section 61 C— 619 257 3039 1228 Section 61 D— .....'. 414 180 4722 2012 Section 61 I 414 180 Section 61 J ..., 416 181 Section 61 K , 3357 1383 Section 62 .\ ., 423 183 Section 63 5598 2434 Sections 74, 75 769 312 JULY 1, 1903—JANUARY 1, 1911

CITY CODE (1893)— Continued: Sections Construed— Par. Page Article 48— Section 79 3490 1434 Section 93 1954 770 Sections 107, 108, 109— 1973 777 9364 4454 Sections 119 to 128 9364 4454 Sections 122, 12'8 2636 1055 Section 134— 3251 1333 9364 4454 Section 135— 2636 1055 3046 1230 3251 1333 9364 4454 Section 136— 3251 1333 9364 4454 Sections 137 to 139, inclusive 9364 4454 Section 138 3402 1400 Section 139— 1477 564 ' 2551 1019 3253 1333 Section 142 4015 1679 Section 144 .'.. 1803 697 Sections 145-148, inclusive 9364 4454 Section 147— 820 329 877 347 906 357 Section 154B 6094 2700 Section 157C 2636 1055 Section 157E— •. '. 302 126 1231 477 1954 770 Section 157F— 1231 477 1954 770 Section 187— 395 171 ? 487 206 Section 188 488 207 Section 189 3349 72 OPINIONS OF THE CITY SOLICITOR

CITY CODE (1893)—Continued: Sections Construed— Par. Page Article 48— Sections 193-195, inclusive 594 249 Section 204 1065 418 Section 205 492 208 Section 219— 545 227 5177 2221 Article 49— Section 2— : 768 312 1451 555 Section 5— 776 314 ' 2661 1066 2847 1153 3848 1602% Section 6 807 323 Article 50— Section 5 1204 469 Sections 9, 10. 1374 529 Section 11-— 1215 471 1374 529 Sections 40-43 1173 458 Section 62. 848 337 Section 71 323 136 Section 74—• ' 444 191 1145 448 , 6871 3128 Section 75— 444 191 1145 448 2812 1136 ' 6871 3128 Sections 76-78— 444 191 1366 526 6871 3128 Section 90 3612 1497 Article 54— . Section 5— : ', 646 266 * 2382 944 Section 8 4188 1761 Section 25 .' - 2368 936 JULY 1, 1903—JANUARY 1, 1911 73

CITY CODE (1893)—Continued- Sections Construed— Par. Page Article 54— Section 46 1762 678 Section 70 3190 1303 Article 56— Sections 24, 25, 26, 38 1139 445

CITY CODE (1893), SUPPLEMENT— Sections Construed— Article 23— Section 126 1560 597 Article 48— • Section 61 D 1964 773 Article 50— Section 71 786 317

CITY CODE (1906)— Ordinance 113, Oct. 24, 1874, omitted from 7214 3321 Sections Construed— Article 1— Section 13 7572 3506 Section 27 8011 3719 Section 32 6011 2657 Sections 38, 39 7899 3666 Section 40 ' 5457 2367 Section 43— 4296 1810 4884 2096 • 5259 2259 5444 2360 Section 44 6418 2879 Section 47 7263 3349 Section 48 146 51 Article 3— Section 4 4650 1976 Section 45 5241 2250 Sections 87-91 4741 2022 Section 90 5427 2351 Section 120— 4828 2068 6516 2939 Sections 135-137, inclusive— 4742 2022 5215 2236 '. 5429 2351 Section 137 5215 2236 Section 150 7561 3502 74 OPINIONS OF THE CITY SOLICITOR

CITY CODE (1906)—Continued- Sections Construed— Article 3— Par. Page Sections 150-153, inclusive— 4490 1901 5622 2447 Section 162 4908 2106 Section 165 5625 2448 Sections 171 and 173.. / 4452 1977 Section 173 5846 2570 Section 189 5846 2570 Article 6— Section 1 : 7915 3673 Section 7 7180 3300 Section 8 7945 3687 . Section 12 5407 2338 Section 23 8516 4022 Article 7— As to medium of publication of notices in pro­ ceedings 4896 2100 Article 9— Section 6 7989 3709 Sections 6-16 .' 8900 4233 Section 21 9396 4473 Article 10— Section 1 : 6590 2974 Section 6— 5511 2391' 6636 3000 Article 11— Sections 2, 3 9672 4613 Section 9 9672 4612 Section 13 9672 4612 Section 17 8296 3892 Sections 20 to 24, inclusive 9671 4612 Section 46 4516 1912 Section 54 '. 8294 3891 Section 66 8294 3891 Section 70 : 4605 1954 Section 72— t ' 4744 2023 8612 4079 Sections 72, 73— 4836 2073 8637 4093 '. 8691 4123 Sections 75, 76 9117 4344 Sections 84, 86 4605 1954 JULY 1, 1903—JANUARY 1, 1911 75

CITY CODE (1906)—Continued- Sections Construed— Article 13— Par. Page Section 12— 6134 2727 7755 3590 Section 27 5676 2475 Article 14— Section 1 5191 2228 Section 2— 7997 3712 8264 3867 : 9730 4642 Sections 10-32, inclusive 5191 2228 Section 11 6003 2654 Section 12 7995 3711 Section 16— 8597 4071 9429 4491 Section 18 5191 2228 Section 20— '5194 2229 8773 4163 8823 '4185 Section 29 9429 4491 Section 32 5196 2229' Section 58 9389 4468 Section 59 6389 2863 Section 83 8529 4030- Section 84— 5340 2298: 5642 2457 5968 2634 7040 3225 7981 3706: , 9287 4423: 9408 4480 Section 86 ' 8263 3867 Sections 87, 88 5797 2544 Section 88 9257 4407 Section 105 .. 9408 4480 Section 108 8818 4183 Sections 108, 109, 110 7596 3519> Sections 114,, 115 " 4782 2043 Section 127— 8129 3795 '. 8360 3929 Section 130 9272 4415 76. OPINIONS OF THE CITY SOLICITOR

CITY CODE (1906)—Continued- Sections Construed— Par. Page Article 14— Sections 130 to 135 6844 3113 Sections 137-139 5840 2566 Section 143— / 5169 2217 9257 4407 Section 150 5641 2457 Section 161 5636 2454 Sections 181, 182, 185 -. 5501 2388 Section 187 7248 3341 Sections 195, 196 ' 6314 2821 Section 197— 4407 1863 6314 2821

Section 202 ; 8363 3930 Article 16— Sections 1, 2 9751 4654 Section 4— 6558 2960 9854 4715 Sections 4, 5— 9437 4494 9751 4654 Sections 7, 9,10, 11 9733 4643 Article 17— Sections 4, 16, 22 ;. 5013 2149 Article 23— Section 11 8734 4144 Section 14 9758 4659 Section 17— 4871 ' 2090 5253 2255 7116 3268 Section 51 7050 3230 Section 58 . ' 8144 3804 Section 75 9761 4'660 Sections 78-85 6382 2860 Section 97— 8561 4049 , 9757 4659 Sections 112, 113 • ...''... 8144 3804 Section 114^- ' 4871 2090 5253 2255 JULY 1, 1903—JANUARY 1, 1911 77

CITY CODE (1906)—Continued: Sections Construed— Par. Page Article 25— Section 10 5658 2466 Section 25 4781 2042 Sections 46, 47, 48 6830 3106 Section 51— 5891 2593 , 6338 2834 Section 52 4781 2042 Section 67 6771 3068 Section 70 6175 2747 Section 71 6338 2834 • Section 72 6770 3068 Section 73— ." 4710 2006 6766 3067 8641 4095 Section 74— 5024 2154 6296 2813 9198 4379 Section 76— \ 5669 2471 6336 2833 7066 3241 Sections 91, 92, 94 6264 2798 Section 95 '.. 5891 2593

Section 99 ' i 7726 357$ Section 102 ' 9578 4567 Section 107 8641 4095. Section 111 5069 2172, Article 30— Sections 15 to 17. 6169 2744 Section 16 7339 3396 Section 19 7662 3547 Section 24 4980 2134 Sections'24, 25— 8160 3815 8801 4175 Section 25— .' 5760 2524 : 6323 2826 .• '.'. 8281 3880 Section 26 8801 4175 Article 32— Section 17 6543 2952 Sections 18 and 19 ! 4688 1994 Section 19 6544 2953 ^

78 OPINIONS OF THE CITY SOLICITOR

CITY CODE (1906)—Continued: Sections Construed— Article 32— Par. Page Sections 23-27, inclusive— 9041 4304 9051 4307 Section 33— 5002 2145 6016 2660 6673 3018 8256 3863 Sections 33, 34— 6539 2952 8372- 3935 _ : . . 8479 4002 i Article 33— Section 24 6845 3114 Section 32 '... 6759 3062 Section 77 ' 8919 4243 Article 35— Section 6— 5371 2313 6415 2878 Section 7 6398 2868 Section 10 8811 4179 Section 14— 7317*3382 , . 8308 3898 Sections 21, 22, etq.— 9332 4443 9344 4447 9349 4450 9358 4453 Section 22 8710 4133 Sections 24, 25, 26 7357 3404 Section 28— ' .' 7028 3218 : 8163 3817 8710 4133 9333 4444 .Sections 29, 30, 31 6055 2677 Sections 32-36, inclusive 4751 2042 Section 39, etc.— 7368 3409 8304 3896 Section 41— 5834 2562 9265 4411 JULY 1, 1903—JANUARY 1, 1911 79

CITY CODE (1906)—Continued- Sections Construed— Par. Page Article 35— Sections 42, 43, 44 : 9265 4411 Section 43 5258 2258 Sections 46 to 49 6143 2731 Sections 50, 51 5685 2480 Section 54— 5834 2562 7250 3343 9716 4635 Sections 55, 56 7250 3343 Section 57 9716 4635 Section 58 4684 1992 Section 62 8178 3824 Section 66 8178 3824 Section 71 8181 3825 Section 73— 5834 2562 '. 6513 2937 Sections 74, 75 7250 3343 Section 77*" 9387 4467 Sections 77-82, inclusive 4279 1803 Section 80 4631 1965 Section 81— 6514 2938 7252 3343 8099 3774 Sections 85, et seq.— 4237 1784 4372 1846 4535 1971 5646 2459 7784 3603 8153 3811 9036 4302 Section 89, et seq •-..:.. 5359 2307 Section 90 .v 5321 2290 Sections 94-100, inclusive 4239 1784 Section 105— 6881 3135 8809 4179 Section 106— 6850 3116 . . 8809 4179 Seetion 107 6881 3135 Sections 113, 114 and 115 8809 4179 80 OPINIONS OF THE CITY SOLICITOR

CITY CODE (1906)—Continued- Sections Construed— Article 36— Par. Page Section 2— ^ 6173 2746 6567 2965 7069 3243 Section 4— 6173 2746 7595 3519 Section 5 6173 2746 Section 7 6080 2692 Section 9— 6567 2965 * 6750 3057 Section 10 6173 2746 Section 15— '. 5376 2316 7066 3241 Section 16 6173 2746 Article 37— Section 2 .».. 6144 2731 Section 5— 4194 1764 6145 2732 7377 3413 Section 6 '.. 6008 2656 Article 38— Section 7 4866 2088 Section 22 8073 3759 Article 39— Sections 8, 9, 10, 11 '. 6516 2939 Article 40— Section 14 8132 3796 Sections 30, 31 ; 9149 4357 Section 36— 8132 3796 8556 4046, Sections 38, 39 8362 3930 Section 41 8130 3795 Sections 41, 42 • 8361 3930 Article 41— Section 3 _. 5957 2629 Section 14— 5957 2629 ',.. 8127 3793 Sections 20-25 5658 2466 Section 38 .' 5488 2381 JULY 1, 1903—JANUARY 1, 1911 81

CITY CODE (1906)—Continued- Sections Construed— Article 41— Par. Page Section 38, et seq.— i 5801 2548 ..' 6588 2974 ; 7935 3682 Sections 39, 40, 41, 42— 5801 2546 6422 2880 6588 2974 7935 3682 Section 50—» . 8'796 4173 9468 4509 Section 50, 51 9463 4507 Sections 54 to 73 6258 2796 Sections 58, 59, 60, 62' and 63 6258 2796 Sections 70 and 73 8477 4001 Article 44— Section 26 8569 4053 Article 52— Sections 23-27, inclusive 5773 2532

CITY COLLECTOR— See Bailiffs; Benefits; Executions; Paving; Stocks, Loans and Finance; Taxation of Property. Agent of City and State in collection of taxes 1170 457 Collection of assessments for alley improvements. 4984 2137 Pees for State taxes collected 516 216 Must execute on tax judgments at his own risk... 1000 394 Refund of taxes when erroneously abated 2930 1192 Security for City moneys deposited by 8070 3758 When interest on paving assessments is chargeable by 8181 3825 .

CITY COLLEGE— Playgrounds in parks for pupils of 4990 2139 CITY COMMISSIONER— See City Engineer. Grades established by 3512 1446

CITY COMPTROLLER— See Vaccination.

CITY CONDUITS— See Municipal Subways and Conduits. See Contracts. 82 OPINIONS OF THE CITY SOLICITOR

Par. Page CITY COUNCIL— See Appropriations; Board of Estimates; Burnt District; Fire Department; Laborers; Legal Holidays; Mayor; Minor Privileges and Fran­ chises; Municipal Subways and Conduits; Quorum; Stocks, Loans and Finance. Adjournment; rules governing 991 389 Appropriations not to be made by resolutions 2177 858 Authority to fix rates, fares and charges in fran­ chise ordinances 2120 834 Confirmation of Mayor's appointees— 1578 605 8747 4150 Copies of Charter and City Code for members 399 173 Election day sessions valid 533 223 Expenses of member defending his seat; fund out of which paid 3303 1356 Express and implied powers of 9159 4301 Extension of term of members by Act of Legis­ lature; reorganization unnecessary 7423 3436 First Branch— Certification of ordinances in absence of Presi­ dent. .. . 6162 2739 Powers of 7425 3437 Investigation of charges against park employees.. 9159 4361 Legislative powers relative to New Court House Commission 1108 .434 Must authorize printing of municipal reports 2324 918 Power to amend or alter items of appropriations in Ordinance of Estimates, 8520 4024 Powers as to amending ordinance empowering Burnt District Commission to widen streets in Burnt District 1093 429 Quorum; powers of branches to act in absence of. 989 388 Registered Voters; action as to employment of... 4081 1711 Sittings of; provisions of Charter relating to.... 7764 3595 Special sessions not to suspend regular meetings.. 549 229 Western Md. Sale Fund; authority to appropriate from ; 1570 601 Word "session," as used in Sections 216, 217 and 221 of Charter, defined 7764 3595

CITY DEPARTMENTS— See Mayor; Municipal Officials; Ordinances; Various Titles of Heads of Departments. Disturbances of street bed; rule for determining- department responsible for repairs 7301 3374 JULY 1, 1903—JANUARY 1, 1911 83

Par. Page CITY DEPARTMENTS—Continued: Inter-departmental adjustment of accounts 6371 2856 Must bear cost of work done for their benefit 8493 4010 Must enforce all ordinances affecting them 5371 2313 CITY DEPOSITORIES— See Bonds. Forged checks against City; recovery of proceeds. 6885 3137 CITY DEPOSIT IN BANKS— Security given by banks 8070 3758 CITY EMPLOYEES— See Employees; Primary Elections. CITY ENGINEER^ See Abutting Property Owners; Annex; Ap­ peals; Assessments; Bonds; Bridges; Build­ ing Lines; City Commissioner; City Sur­ veyor; Commissioners for Opening Streets; Grades and Grading of Streets; Health; In­ spections; Kerbing; Laborers; New Sewer­ age System; Opening, etc., Streets, etc.; Pav­ ing; Permits; Poles and Wires; Private Streets and Alleys; Sewers and Drains; Sidewalks and Footways; Steam Railroads; Street Railways; Streets, Bridges and High­ ways. Abutting Property Owners— Contract with, for bringing street to grade.... 5836 2562' Procedure where owners grade street. 910 359 Assistant City Engineers— Reappointment;, when required 371 160 To give bond 805 322 To renew bonds when reappointed 371 160 Authority over streets; effect of New Sewerage Act 6856 3121 Bond of; is required to bond 805 322 Bridge designs; may approve or reject 5228 2241 City Surveyor; conflict of duties with 767 312 Control of street repair work by corporations; in­ spection charges— 6855 3120 8809 4179 Fallen trees; is required to remove 7669 3550 Improved sidewalks in Burnt District 8308 3898 May compel rwy. co. to put in cross-over switches to expedite street paving and repairs— . .' 9092 4332: 9103 4336 84 OPINIONS OF THE CITY SOLICITOR

Par. Page CITY ENGINEER—Continued: May employ outside labor and equipment on per diem basis in emergency work; basis of com­ pensation 6118 2715 New Sewerage Commission— Conflict with plans of 4423 1870 Money appropriated to his department for sewers cannot be used to carry out plans of 4423 1870 Not required to employ registered plumber on cer­ tain work 9273 4416 Obstructions in streets; data gathered by 4577 1944 Outside work; when he and assistants may do.... 5598 2434 Parking in streets; cannot remove 4545 1927 Paving—• Consolidation of; control of work done by all departments 2881 1169 Of trackage space of street railways; powers— 8280 3880 .'.' 8917 4243 Paving base; failure of ordinance to specify; may select '. -.. 2351 929 Powers relating to 8098 3774 Records open to public 283 116 Repairs; disposal of old methods in streets 2236 881 Selection of materials in re paving by owners under front foot rule 6537 2949 Work of City departments may be consolidated under control of 2883 .1169 Permits; restricted to lawful uses of street 6170' 2744 Railway Tracks— No power to cause change in character of rails laid by railway company 7127 3273 Rail sections in streets; authority to prescribe.. 561 234 Reimbursement for expert's fees in re Edmondson Ave. Bridge investigation 6151 2735 Repair Fund of 4675 1988 Sidewalks and Footways; may grade and pave on default of abutter. 9331 4443 Work done by day labor for other departments hot subject to Sections 14, 15 of Charter 4000 1671

CITY FUNDS— See Stocks, Loans and Finance JULY 1, 1903—JANUARY 1, 1911 85

CITY HAIL— Par. Page See Municipal Buildings. Status of heating and coal contracts 9015 4292;

CITY JAIL— Controversy between Jail Board and Inspector of Buildings relating to materials for— . 7842 3632: ' 7879 3656 Improvements at, erected by labor of prisoners.... 3069 1241 Insane prisoners of 3522 1450 Jail physician may furnish certificate of lunacy.. 3536 1455 Luncheon to Grand Juries visiting, unlawful 762 309 Prisoners of. See Contracts. Compensation of 586 246 "Visitors to City Jail— Appropriation by Board of Estimates required to provide compensation for prisoners 589 247 Powers relating to insane prisoners 3522 1450 Prisoners' compensation; power to provide for. 586 246

CITY LABORERS— See Laborers.

CITY LAMPS— See Lamps and Lighting.

CITY LIBRARIAN— See City Conncil; City Solicitor; Plats.

CITY LIMITS— See Abattoirs; Blasting; Cemeteries; City Property; Dangerous Articles; Hours of • Labor; Nuisances; Parental Schools; Sewers and Drains; Turnpikes. CITY OFFICERS— See Municipal Officials. CITY OFFICES— See Municipal Buildings; Municipal Officials. CITY OFFICIALS— See Holding Office; Mayor; Municipal Officials. CITY PATIENTS— See Hospitals; Supervisors of City Charities. CITY PIERS See Buildings; Docks, Wharves and Piers; Franchises and Grants; Leases.. 86 OPINIONS OF THE CITY SOLICITOR

Par. Page CITY PROPERTY— See Appropriations; Assessments; Board of Es­ timates; Burnt District; Condemnation of Property; Dogs; Ejectments; Lamps and Lighting; Paving; Public Improvements; Taxation of Property; Titles. Abandoned; disposal of 6557 2959 Abatement of assessment on 2929 1192 City's power of acquisition outside city limits.... 9046 4306 Erroneously assessed 4318 1821 Funds derived from sale of 6557 2959 Injury by Contractor. See Bonds. Insurance— May be placed on ; proviso 7180 3300 On buildings erected under contract; premiums. 1822 708 Segregation of funds from; accounting and dis­ bursement of; proper payee in policies 6748 3056 Ousting of squatters therefrom 5401 2334 Paving in front of. See Paving. Purchase of. See Leases. Outside city limits 3824 1593 Price controlled by Ordinance of Estimates 7043 3227 Refund to vendor for taxes paid 6426 2883 Surrender to City; abatement of taxes on 2930 1191 • Terms of acquisition; how authorized 7043 3227 Trespassing on; penalty 6946 3180

CITY REGISTER— See Benefits; Harbor Master; Opening, etc., Streets, etc.; Paving; Stocks, Loans and Finance. Appointment of successor 4702 2002 Change in method of book-keeping '. 8516 4022 Office to be open on legal holiday to accommodate bidders 9582 4569 To furnish, and to be final custodian of, account books of Harbor Master 197 72

CITY SOLICITOR— See Ordinances. Meritorious legislation to be upheld by 5685 2480 • Opinions of— At whose request he may render 5139 2201 Determine matters of law, but not of practice. or policy 8138 3801 Filling with City Librarian impracticable 3539 1458 JULY 1, 1903—JANUARY 1, 1911 87

CITY SOLICITORS—Continued— Par. Page Opinions of— Not practicable to publish unreservedly 3539 1458 Status as public documents....' 3539 1458 Plat Book of City Property; to assist in preparing. 966 379 CITY STOCK— See Annex Improvement Act; Appeal Tax Court; Interest; Stocks, Loans and Finance; Taxation of Property; Western Md. R. R. Fund. CITY & SUBURBAN BY. CO.— Ordinance authorizing tracks on Wilkens Ave.... 8719 4137 CITY SURVEYOR— See Annex; Appeals; Benefits; Building Lines; Burnt District; City Engineer; Grades and Grading of Streets; Municipal Officials; Plats. Acts and Ordinances relating to 8481 4003 Compensation for grade establishments 1089 427 Construction of Ordinance fixing his fees 2661 1066 Damage and Benefit Plats; compensation for extra work 8004 3715 Election of. 767 312 Fees of 774 314 Burnt District Surveys; rates for 2846 1152 Establishing lines of streets in Burnt District. 2847 1153 Surveying lots 2661 1066 Furniture for office' of 807 323 Grade establishments; authority final; resume of law— 767 312 2900 1176- Office not a department of city government 5261 2259 Powers and duty relating to establishment of build­ ing lines 6146 2732 Right to reimbursement for office rent paid 6009 2657 Validity of ordinance providing for 6009 2657 CITY TAXES— See Taxation of Property. \ CITY WATER MAINS AND SUPPLY— See Water. CITY WORK— See Eight Hour Law; Laborers. Proper scale of wages for 5911 2606 CIVIL CASES— See Removed Cases. 88 OPINIONS OF THE CITY SOLICITOR

Par. Page CIVIL MAGISTRATES— See Justices of the Peace. CLAIMS— Against City. See Damages; Ordinances. Against Contractors. See Bonds; Contractors; Con­ tracts. Inter-departmental; adjustment of • 9244 4401 Of City Departments. See Public Service Corpora­ tions. CLASSIFICATION OF PROPERTY— See Annex; Appeal Tax Court; Taxation of Property. CLEANING— Gutters. See Gutters. Markets. See Markets. Private Alleys. See Private Streets and Alleys. Sidewalks. See Ice and Snow; Sidewalks and Footways. CLEANING STREETS— See Abutting Property Owners; Commissioner of Street Cleaning; Gutters; Hours of Labor; Nuisancesf Owners of Property Pri­ vate Streets and Alleys. Baltimore Street; hours for 6080 2692 Contract for collection and removal of garbage, refuse, etc 811 325 Dead animals; removal of 594 249 Noise from necessary work of; not a* nuisance.... 4882 2095 Obstructed by cars stored on; remedy \ 677 278 Of Private Alleys. See Private Streets and Alleys. 541 225 Undue expense inflicted on property owner in use of sidewalk 4883 2095 Vehicles stored in streets 582 244 CLERICAL ERRORS— See Bids. CLERKS OF COURTS— See Appeal Tax Court. CLERKS OF MARKETS— See Markets. Duties discussed 906 357 CLEVELAND STREET— Grading of, by abutting owners. 6617 2989 CLIFTON AVENUE— See Gas and Electric Co. Crossing at a public highway.. 604 252 Paving assessments for 609 254 JULY 1, 1903—JANUARY 1, 1911 89

CLOCKS IN STREETS— Par. Page Now in existence; use for other purposes renders structure unlawful— 7938 3683 8603 4073 CLOSING, ETC., STREETS— See Bridges; Burnt District; Condemnation of Property; Markets; Streets, Highways, etc. Certificate of lien of benefits for 1964 773 Pending erection of municipal, improvements— 6296 2813 9206 4383 Pending regrading of '. 6752 3059 Scope of City's authority 6752 3059 Veto of Ordinance providing for condemnation and closure; proceedings de novo necessary 6499 2930 CLOTHING OF PUPILS— In Parental Schools 5773 2532; COAL— See Contractors; Contracts. For municipal buildings; contractor's rights in re­ heating contract 9015 4292 Not up to standard of contract; remedies of City against contractor 4528 1918 Short deliveries; claim of contractor for full pay­ ment; Sec. *538 of Charter construed 8739 4146 COAL OIL AND KEROSENE— See Nuisances; Oils. COBBLE STONES—; See Paving. Anti-Cobblestone Ordinance construed : 9387 4467 Ordinances restricting use in paving 8919 4243 CODE OF PUBLIC LAWS— Effect when mandatory legislation in part super­ sedes its provisions or extends scope 2087 820' COLLATERAL SECURITY— See Stocks, Loans and Finance. COLLECTION— Of Assessments. See Paving. , Of Licenses. See Licenses. COLLECTOR OF WATER RENTS AND LICENSES— See Licenses; Water. Bonds of employees. See Bonds 646 266 His duties defined : 6872 3129 Licenses to be issued by: 1636 628. 90 OPINIONS 01- THE CITY SOLICITOR

•COLLECTOR OF WATER RENTS AND LICENSES— Continued: Par. Page No ordinance prescribing number employees under 648 266 Jurisdiction in levy and collection of pole licenses 6873 3129 Taxes on trolley poles; jurisdiction 6941 3176 Telephone Companies required to report list of poles to 6591 2975 COLLECTORS— See City Collector; Taxation of Property. COLLISIONS IN HARBOR— See Damages. COLUMBIA AVENUE— Railway tracks extended to bridge on 8219 3844 COLUMBIA STREET— Former name of East Falls Avenue 9776 4670 COLUMNS, PIERS, ETC.— See Buildings. COMBUSTIBLE JIATERIALS— See Dangerous Articles. COMFORT STATIONS— See Plans; Public Comfort Stations. COMMERCE— See Inspections. COMMISSARIES FOR LABORERS— Right of contractors for City Work to maintain... 6419 2879 COMMISSIONER OF HEALTH— See Health. COMMISSIONERS OF FINANCE— See Bonds; City Depositories; Stocks, Loans and Finance. COMMISSIONERS FOR OPENING STREETS— See Annex; Annex Improvement Commission; Board of Awards; Bonds; Condemnation of Property; Contracts; Mayor; Office Hours; Opening, etc., Streets, etc.; Paving; Sal­ aries; Streets, Highways, etc. Authority to permit opening of bed of ungraded and unpaved streets ". 3597 1490 Contracts let by, to be subject to Sections 14, 15, of Charter 3297 1353 Controversy in re Remington Ave. Bridge of Md. & Penna. R. R. Co 7501 3472 Construction of culvert by City Engineer for; Sec­ tions 14-15 of Charter not applicable to work 3880 1620 Duties of, denned 2849 1155 JULY 1, 1903—JANUARY 1, 1911 91

COMMISSIONERS FOR OPENING STREETS—Con­ tinued: Par. Page Have power to levy benefit assessments for open­ ing, grading or paving streets 3410 1403 Powers and duties relating to improvements in Annex 2895 1174 Power and authority to prescribe character of paving beneath and between street railway tracks 4224 1775 Powers in establishing grades in Annex 3155 1282 Premium on bonds of 7900 3666 Repairs to water system necessitated by work of; payment of bills '. 9244 4401 Status of, as a municipal sub-department 3297 1353 Term of office; when appointed 2277 895 To sit as "Annex Improvement Commission" 2893 1174 COMMISSIONER Or STREET CLEANING— See Cleaning Streets, etc.; Ice and Snow; Mar­ kets; Office Buildings. Duties of 486 206 District Superintendents of Street Cleaning; Pay rolls of : 395 .171 Has sole power of appointing his subordinates, fixing their salaries and their hours of employ­ ment .V 3988 1666 Not required to remove dirt over streets newly paved by contract 5177 2221 Power to contract for removal of garbage, etc.... 486 206 Private Streets and Alleys; not required to clean... 546 237 COMMISSION MERCHANTS— Minor privileges granted to 3252 1333 COMMISSION ON CITY PLAN— Legislation relating to 9798 4684 Organization of 9797 4683 Plan of Jones' Falls Improvement; cost of prep­ aration; payment of 9795 4682 Scheme of organization 9798 4684 COMMISSIONS OR BOARDS— See Appropriations; Architects; Markets; Municipal Boards; New Sewerage System. Annex Improvement. . . . 1984 780 Appointees of need not be registered voters 4086 1713 Dissolution of; funds available after 5378 2316 Registered voters; their powers in limiting mu­ nicipal work to 4081 1711 Requirements prescribed by, must keep within Charter limitations 4022 1682 92 OPINIONS OF THE CITY SOLICITOR

Par. Page COMMISSION HOUSES— See Garbage, House Offal and Refuse. , COMMITMENTS— See Almshouses; Bay View Asylum; Beggars; Insane; Magistrates; Releases. Bay View Asylum— Invalid paupers; powers of Health Department. 8822 418& Temporary commitment of vagrants pending in- ' vestigation 3088 1250 COMMITTING MAGISTRATES— See Magistrates. COMMUNICABLE DISEASES— See Health. COMPENSATION— See Abutting Owners; Condemnation of Prop­ erty; Contracts; Excavations; Franchises and Grants; Grades and Grading of Streets. COMPETITIVE BIDDING— See Contracts. COMPETITIVE DESIGNS— For Municipal Improvements. See Architects; De­ signs. COMPTROLLER— See Insurance; Leases. Payment of vouchers for special services to City. 2191 864 Vouchers conditionally receipted by payee; pay­ ment of ' 6897 3145 CONCEALED CONNECTIONS— See Sewers and Drains. CONCORD STREET— See -Markets. Closing bed of, for Centre Market 2222 876-. CONCRETE CATCH BASIN STONES— See New Sewerage System; Patents. CONCRETE FOUNDATIONS— See Street Railways. CONDEMNED BUILDINGS— See Buildings. CONDEMNATION OF BUILDINGS, ETC See Buildings; Inspector of Buildings. CONDEMNATION AND CLOSURE OF STREETS— See Condemnation of Property; Ordinances; Streets, Highways, etc. JULY 1, 1903—JANUARY 1, 1911 93

Par. Page CONDEMNATION OF PROPERTY— See Advertisements; Annex Improvement Com­ mission; Assessments; Buildings; Burnt Dis­ trict; City Property; Closing, etc., Streets, etc.; Damages; Basements; Leases; German Newspapers; Notice; Park Board; Releases; Streets, Highways, etc. Charter provisions relating to construed 3824 1593 Ground Rents; acquisition for engine houses 3699 1539 Outside city limits 9049 4307 .Proceedings for— Abandonment and Delays— Cannot be after damages and benefits have been paid 7795 3607 Doctrine of compensation for 4746 2025 Liability of City for injury due to ! 4746 2026 Parks and Squares; when necessary 4547 1928 Dangerous Buildings; owner of, record to be pro­ ceeded against 375 162 In Burnt District— Commission's procedure as to ground rents... 1714 656 Sales to Commission distinguished from con­ demnation '..... 1'835 715 Include bridges on condemned streets 5977 2639 Legislature may prescribe a special rule for dam­ ages in. 5591 2431 Lessee's interest; measure of damages— 9772 4667 9787 4677 9792 4681 Necessary in decreasing clearance of bridge over railroad right of way •. 8757 4155 Park improvements; procedure under Act 1904, ch. 338 3579 1481 Pending sale of building for taxes 375 162 Property taken under; no mains to be laid in, until title has vested in City 2443 970 Publication of notices under Annex Improvement Act 4896 2100 Public Property; subject to easements 2354 930 Release of mortgage, to secure bonds; proper . parties to execute 2076 815 Rights of owner pending. 1619 621 Title acquired by City; effect on existing ease­ ment of railroad company. 2470 983 Trade fixtures; valuation of " 5571 2422 94 OPINIONS OF THE CITT SOLICITOR

CONDEMNATION OF PROPERTY—Continued : Proceedings for—. Par. Page Valuation of— Land in 5572 2422 Machinery 5572 2422. Property condemned for public improvements.. 5571 2422 When property is in litigation 8434 3975 When title vests in City 2443 970 Public property, subject to railroad and railway easements 2354 930 Turnpikes; powers of City 2852 1155 Water Companies; rights of 2890 1173 When subject to leases 2354 930 To public easement 2355 930'

CONDEMNED— Bridges. See Bridges. Buildings. See Buildings. Milk. See Health. Wells. See Pumps.

CONDUITS— See C. & P- Telph. Co.; Electrolysis; Municipal Subways and Conduits; Permits; Police and Fire Alarm Telegraph; Sidewalks and Foot­ ways. Cable Railway. See Cable Conduits. Franchise Tax. See Chesapeake & Potomac Tele­ phone Co. Lease of Duct Space. See Fentress & Medairy Elec­ tric Light & Heating Franchise. Loan (1958); validity affirmed 9572 4564 Rentals for duct space on Frederick Road 9395 4472;

CONFIRMATION OF APPOINTMENTS— See City Council and Mayor.

CONFLICTS— Of Departments. See City Engineer; City Sur­ veyor; Debris in Streets; Inspector of Buildings; New Sewerage System. . . In Street Rights. See Gas and Electric Company; Public Service Corporations; Street Railways. In Surveys. See Building Lines.

CONNECTIONS— See House Connections; Municipal Subways and Conduits; New Sewerage System; Sew­ ers and Drains. JULY 1, 1903—JANUARY 1, 1911 95

Par. Page CONNECTING SPUES, CURVES OR TRACKS— See Street Railways; Steam Railroads. CONSEQUENTIAL DAMAGES OR INJURIES— See Abutting Property Owners; Damages; Elec­ trolysis; Grades and Grading of Streets. CONSOLIDATED GAS ELECTRIC LIGHT AND POWER CO^~ See Gas and Electric Co.; Inspections; Lamps and Lighting; Meters; New Sewerage Sys­ tem; Private Streets and Alleys; Streets, Highways, etc.; Superintendent of Lamps and Lighting. CONSOLIDATIONS— See Balto. Electric Power Co.; C. & P. Telph. Co.; Franchises and Grants; Gas and Elec­ tric Co.; Md. Telph. & Telegraph Co.; Public Service Corporations; U. Rys. & Electric Co. Of public service ^corporations; franchises of con­ stituents vest in new company— 2315 914 5415 2343 CONSOLIDATION OF PAVING WORK— , See City Engineer. CONSTABLES— Appointment of— 2513 1002 6490 2928 By whom appointed 2514 1003 Objections to 7200 3312 Conviction of criminal charge not a bar to holding office of 6521 2941 Death, resignation, removal or holding over of; effect on office ' 6492 2926 Duration of term of office of..' 6486 2923 Failure to qualify upon reappointment 6491 2926 Love, Nicholas H.; case of 6521 2941 Qualification within 30 days after his appointment mandatory 6489 2925 Removal from office— 2513 1002 6075 2689 6932 3170 For misconduct or cause 6520 2940 Not removable by .Mayor 6932 3170 CONSTITUENT CORPORATIONS— See Consolidations. 96, OPINIONS OP THE CITY SOLICITOR

CONSTITUTION OF MARYLAND— Par. Page Sections Construed— Article 2, Section 7 6489 2925 Article 3, Section 29— 82 30 103 35 Article 3, Section 31 1755 675 Article 3, Section 33 1912 749 Article 4, Section 6 3781 1571 Article 4, Section 42— ' 6486 2923 6520 2940 6932 3170 Article 7, Section 2— 2900 1176 5259 2259 Article 11, Section 5— Applies to members of Architectural Com­ mission 6229 2776 And to members of Harbor Board 5905 2602 Article 11, Section 7— 925 367 .. ' 4498 1905 4503 1908 4508 1909, 5058 2168 9204 4381 Article 15, Section 3 6487 2923

CONSTRUCTION— Of Acts of Assembly. See Acts of Assembly. Of Buildings Unauthorized. See Permits. Of Contracts. See Contracts. Of Ordinances. See Ordinances.

CONSULS— See Taxation of Property. Not exempt from operation of a criminal or civil suit. . 3228 1321 Status of the law relating to taxation of property of 3228 1321 "Wife's property; when exempt from taxation 3230 1322

CONSUMERS— See Gas and Electric Co.; House Connections; Municipal Subways and Conduits.

CONSUMPTIVES— See Bay View Asylum; Health; Tuberculosis. JULY 1, 1903—JANUARY 1, 1911 97

CONTAGIOUS OR INFECTIOUS DISEASES— Par. Page See Health; Tuberculosis; CONTESTED ELECTIONS— See City Council; Elections. CONTINENTAL TBUST CO Its certified checks not receivable with bids for City contracts. 6256 2794 CONTINGENT FUNDS— See City Engineer; Grades and Grading of Streets. Cost of establishing building lines may be de­ frayed by 6147 2732 Fees of experts payable out of 6152 2735 Taxes cannot be refunded out of 8625 4086 CONTRACTORS— See Bonds; Buildings; Contracts; . Damages; Dirt; Docks, Wharves and Piers; Eight Hour Law; Employees; Hours of Labor; Kerbing; Laborers; Materials and Supplies; Negli­ gence; New Sewerage System; Paving; Registered Voters; Sewers and Drains; Side­ walks and Footways; Street Railways. Abutting Property; injury to, in construction of sewer; liability of— 7702 3568 7715 3572 From excavations 9300 4431 Procedure upon his failure to repair 9494 4523 Anticipating payments to; consent of surety re­ quired 8576 4059 Assignment of Funds Due; equities of assignee; rights of surety on bond 4372 1848 For paving work; practice of departments 4382 1851 Back-filling of trenches improperly in sewerage work; contractor's liability 7094 3257 Re-alignment of railway tracks, costs— ' 6711 3036 . 6718 3041 6728 3046 6734 3049 7554 3500 Blasting within city limits by 8692 4123 Bonds of— Duration of, to cover patent infringements 8578 4060 Effect of changes in plans and work upon 8859 4209 Surrender on completion of guarantee period re­ fused 532 222 7 98 OPINIONS OP THE CITY SOLICITOR

Par. Page CONTRACTORS—Continued: Bunk Rent; charge against laborers (or— 6401 2869 6419 2879 Cannot lease to third parties City property tem­ porarily occupied 3638 1509 Change of corporate name pending municipal work. 9391 4469 Claims of, Against City; failure of railway com­ pany to put its track in condition for paving 8392 3948 Claims Against Contractors— Final payment; claims of City against contractor 6665 3012 Money retained from, to meet 7046 3229 Notice to sureties of 4121 1729 Rights of creditors and sub-contractors in set­ tlements under municipal contracts; protect­ ing City— 5074 2174 5082 2177 Damages; Measure of— ' Failure to comply with specifications 7100 3259 Improper work in construction of sewer line.. 7100 3259 In determining responsibility for injuries to pri­ vate property— 7702 3568 7715 3572 Default of— Completion of work by third parties; practice of City ; 4382 1851 Furnishing inferior coal; remedies of City 4528 1918 Purchase of material in open market on 9177 4370 Purchases in open market on account of strike. 9755 4657 Remedies of City in such cases 3864 1612 Defects in work of; safeguards to protect City. 8994 4281 Defects in construction; period for which he and surety are liable 9742 4650 Delays Not Due to Contractor- Liability of City when Railway Co. delays par­ ing ... 8392 3948 Payment of contractor for material on ground; valuation of; notice to surety 8666 4110 Storage, interest and insurance charges on de­ livered material pending 9371 4458 JULY 1, 1903—JANUARY 1, 1911 - 99

Par. Page CONTRACTORS—Continued: Delays of Contractor— In completing paving work— 4355 1839 5451 2364 Mere delay not ground for rescission 4359 1840 Policy, rights and remedies of City— : 4355 1839 4373' 1848 3864 1612 5451 2364 Practice where delay is extraordinary 9782 4674 Tardy deliveries of materials and supplies— 3864 1612 5451 2364 Unreasonable delay; what is 3864 1612 Deposit of forfeited for failure to bid 5440 2358 Disputes between independent contractors on same work; liability of one for injury to work of another 8343 3916 Electrical Contractors; Act relating to construed.. 3703 1540 Equipment of. See Assessments. Error of City's agents not to prejudice 2910 1180 Estimates of Work Completed— Contractor not entitled to data forming basis of.. 4951 212'2 Right of contractor to demand detailed state­ ment , 4933 2115 Excavations for sewers, etc.; his liability for injury to adjacent property 9475 4515 Extra Work and Compensation— Claim for treated as incidental work. 7961 3696 Not entitled to for work included in contract or reasonably incidental thereto 5364 2309 Repaying outside of line of trench, treated as. .. 6935 3172 Right of Contractor Peoples to, under Storm Water Contract No. 2 4810 2058 Right to compensation for a fill where work is done by third party ' 5692 2486 Right to, for paving made necessary by removal of railway tracks 5734 2514 Injury to work of one independent contractor by another. . • 8339 3914 100 OPINIONS OF THE CITY SOLICITOR

Par. Page CONTRACTORS—Continued:

Insurance of building pending completion; pre­ miums—•• 1822 708 9537 4547 Interest on funds retained from— 8829 4189 9371 4458 Mechanics and Laborers— Doctor's fees; right of contractor to charge— 6401 2869 6419 2879 Must pay current rate.of wages 9181 4372 Wages of laborers; Act 1910 does not affect 8890 4227 Weekly payment of; specifications to embody re­ quirement 7263 3349 Negligence and Torts of— Liability of City for, as to independent con­ tractors— 6737 3051 7131 3275 Remedy of City for injury to subway by 6664 3012 Notice to surety on breach of contract by 9177 4370 On New Sewerage System- Power of Chief Engineer to compel discharge of unsatisfactory employee. . 8847 4201 iScale of wages payable .' 9181 4372 Paving Guarantees of— Covers damages from unusual rainstorm. 4832 2071 Covers repairs to paving 7207 3316 Date same begin to run 9556 4556 Liability for repairs on default of contractor.... 9548 4552 Premature payment of, sanctioned in case stated.. 8576 4059* Protection of completed work or materials pending delays or acceptance by City— 7777 3600 8412 3959 Releases to contractors for completed work for­ bidden 6128 2723 Specifications of contract changes at variance with; effect on liability of 9475 4515 JULY 1, 1§03—JANUARY 1, 1911 101

Par. Page CONTRACTORS—Continued: Sub-Contractors— Disputed claims of; protecting City— 4123 1730 5074 2174 Payment of claims of, on order of contractor.. 4122 1729 Releases from, required before final payment to contractor 4120 1728 Sureties on bonds of, cannot be relieved of obliga­ tions 9737 4646 Use of dangerous means of transporting materials on City streets; liability of City for accidents... 9677 4615 Violations of Eight Hour Law by 8998 4283 Work of; Acceptance— Effect of payments upon partial completion 8354 3925 Implied acceptance 7 7099 3259 Use of completed sewer prior to 8994 4281

CONTKACTS— ' See Advertisements; Annex, Annex Improve­ ment Act; Annex Improvement Commission; Appropriations; Architects; Bay View Asy­ lum; Bonds;. Buildings; Commissioners for Opening Streets; Commissioner of Street Cleaning; Contractors; Damages; Day Labor; Docks, Wharves and Piers; Employees; Fire Department; Garbage, House Offal and Ref­ use; Gas and Electric Company; German Newspapers; Harbor Board; Kerbing; La­ borers; Lamps and Lighting; Mayor; Mon­ opolies; Municipal Officials; Municipal Sub­ ways and Conduits; New Sewerage System; Opening, etc., Streets, etc.; Park Board; Paving; Public Buildings; Public Work; Re­ leases; Sewers and Drains; Supplies and Materials; Taxation of Property. "About," as used in City contracts, defined 2615 1047 Abatement for substitution of cheaper materials.. 7980 3662 Acceptance of work; when implied 7099 3259 Advancements on; when warranted 7189 3306 Appropriations, for— Available after termination of fiscal year 3952 1650 May be let before available' 4420 1868 102 OPINIONS OF THE CITY SOLICITOR

Par. Page CONTRACTS—Continued: Are subject to existing laws, ordinances and mu­ nicipal regulations 8692 4123 Assignment of— Board of Awards must sanction 7227 3327 Policy of City as to; legal requirements. 7224 3326 Award of— Ordinance in conflict with Charter provisions invalid : 6182 2750 Substitution of materials after 5087 2179 Bids- Acceptance of, by Board of Awards 4680 1990 Advertisements— •• For materials in German newspapers 4887 2096 Rejection of bids necessitates new 5449 2363 Required for public comfort stations 4425 1872 Competitive; Exceptions— Building construction in»parks; proviso 5714 2498 As to selection of architects for public build­ ings 7016 3213 Articles of exclusive manufacture 5865 2581 As to steam roller of exclusive manufacture... 5865 2581 Corporate bids; signatures to 8629 4088 Deposits or Forfeits— Accompanying simultaneous bids may be cov­ ered by one check 3003 1215 "Certified Check"; term held to include certi­ fied checks on out-of-town hanks 4022 1682 Forfeiture of, for failure to submit 5440 2358 Status of certified checks of Trust Companies. 6256 2794 Effect of time in determining lowest bid 9414 4483 Errors and Mistakes in— Correction when patent after award of contract 8554 4045 Errors in bids; effect of 8959 4263 Failure to insert price in item of 8959 4263 Made in mistake of facts; rescission of con­ tracts. 2830 1144 Relieving bidder; mistake of facts 2830 1144 Where patent and intention apparent 6122 2719 Extra work; when not required for 5704 2493 JULY.1, 1903—JANUARY 1, 1911 103

Par. Page CONTRACTS—Continued: Bids— For labor and materials; held a contract bid.... 5054 2166 Irregular and Qualified— Effect of letters accompanying— 4023 1682 8699 4126 Legal form of; informalities and technicalities usually ignored— 4024 1683 9292 4426 Must adhere to specifications 8699 4126 Not invalidated by irregularity in signing 8629 4088 Protest against acceptance of 8629 4088 Unaccompanied by certified check invalid 9627 4590 May be invited for various types of engines 8448 3883 "Non-union" bids must be accepted 2136 840 Park Board; bids affecting 2458 976 Paving, Grading, etc.— Advertisement of 4893 2098 Advertisement of; publication in German news­ paper 4295 1809 Alternative; legality of 2928 1191 Plans for park buildings subject to 5714 2498 Samples, bids based on 2916 1183 Stationery, Supplies and Printing— Deposit requirements for 3002 1214 Qualifications of bidders 2133 840 Sub-contractors need not be named 2132 840 Time in Reference to— Time for doing work may determine lowest bid 9414 4483 Time for filing of the essence of contract.... 297 124 When filed too late 297 124 When limit for reception is a legal holiday 9582 4569 Withdrawal of— By bidder; when allowed 4680 1990 Effect when allowed by Board of Awards after opening of 4681 1990 Board of Awards; jurisdiction of 2916 1183 Breach of— Failure of contractor to furnish supplies up to standard 4528 1918 Purchase of materials in open market; limita­ tions on exercise of the power 3867 1613 104 OPINIONS OF THE CITY SOMCITOE

Par. Page CONTRACTS—Continued: Breach of— Purchases to replace detective material 2526 1008 Rescission lor failure to furnish specified mate­ rials 5672 2473 Remedies; damages 3864 1612 Compensation of Contractor— Interpretation of clauses covering 4810 2058 Trench and tunnel work; interpretation of speci­ fications— . '. 4810 2058 4964 2130 Default and Delays— Contractor in default; readvertisement unneces­ sary; course of City 2531 1010 Obligations of parties fixed1 by terms of contract. 7774 3599 When time is of essence of 3167 1290 Deposits and Guaranty Funds—• As to proposals for stationery and supplies... 3002 1214 Funds reserved as; how payable; rules relat­ ing to— '. 1844 720 '. 6774 3071 7047 3229 7189 3306 Interest on deferred payments. 6997 3202 Paving guaranty; period of 2800 1131 Paving guaranty; Code requirements .covering. 3963 1655 Retention of money payable under contracts.... 7046 3229 Reserve of 20 per cent.; advancement of, in case stated. . 7191 3308 Drawings and Plans— Data thereon not intended to bind City. 7014 3211 "Eight-Hour Law"; effect upon— 5914 2607 .. 5935 2617 Extra Compensation 5734 2514 Plans accompanying bids invoked to determine . claim for ' 5364 2309 Providing for, by unit prices 5705 2493 Rule of construction in passing on claim for.... 5364 2309 JULY 1, 1903—JANUARY 1, 1911 105

Par. Page CONTRACTS—Continued: Extra Work— In excavations; clauses covering '. 4810 2058 Incidental work; clause covering 5692 2486 Must be within contemplation of contract 5720 2503 Relates only to work covered by contract 8067 3756 Sec. 14, Charter, not to apply if contract pro­ vides therefor 5704 2493 Under contracts in re New Sewerage System.... 5849 2572 When permissible under contract 5720 2503 Gas Company's lighting contract 9642 4597 House Bill No. 21 (1906) construed 3266 1339 Impossibility of performance; change in law 6814 3094 Injury of work done under, by another con­ tractor; liability of City 8339 3914 Insurance on buildings pending construction; pre­ miums on 1822 708 Monopolies— Purchase of articles held under 3391 1395 Should not be created by contract 3243 1329 Nine months' clause in; legal effect of 9743 4650 Ordinances— Contracts created by; status of telephone man­ holes under 1870 733 Restrictions as to labor employed by contractor held invalid 5373 2314 Paving Contracts— Annulment of; grounds for; procedure; 4361 1841 For paving by abutters; status of 6514 2938 Substitution of materials; powers of City En­ gineer— 2920 1186 6186 2752 Payments in Advance of Terms of— May be made in certain cases 8576 4059 May release surety of contractor 5518 2393 Rule, procedure and practice 8421 3966 Prisoners of City Jail; involving labor of 3072 1241 Private Property; injury to, in course of work; clause protecting City ; 7702 3568 Registered Voters-— Clause relating to; violation of 6763 3065 Limit of City's contractual powers relating to. 6189 2754 Securing work to :. . 4082 1711 Specifications for employment of; effect of breach 6415 2878 106, OPINIONS OF THE CITY SOLICITOR

Par. Page CONTRACTS—Continued:

Sections 14, 15, of Charter, apply only to work done under 4052 1694 .Signatory parties for City in re New Sewerage Sys­ tem 6191 2755

Specifications of— Alterations; effect on compensation of contractor 5692 2486 Cannot be made to cover work not contemplated by 8067 3756 Changes in plans, materials and work must be authorized by— 8792 4171 ' 8858 4209 .

Clauses Construed— Indirect or consequential damages 9493 4523 Providing for payments : 8421 3966

Relating to extra work— 7961 3696 8858 4209 Relating to storage interest and insurance.... 9371 4458 Weekly payment of mechanics and laborers... 7263 3349 -

Departure or Deviation from—• Clause authorizing expedient changes 5438 2357 Extent of allowable' • 3169 1291 Errors in; not to prejudice contractor 2910 1180 Material specified in; substitution after award— 7842 3632 7886 3660 Monthly estimates held as notice of City's inter­ pretation of 4971 2131 Paving; in the alternative .' 2928 1191 Patented articles or materials; may be framed

to cover only; e. g.( a certain automobile for Fire Department 6424 2881 Power of Inspector of Buildings to vary 'after award 7842 3632 Requirements of, are test of compliance 2916 1183 Substantial compliance with, by bidder sufficient. 9292 4426 Variations may he waived by Board of Awards. 7682 3557 Subletting of; prohibition valid; effect of breach. 6417 2878 JULY 1, 1903—JANUARY 1, 1911

CONTRACTS--Continued: Par. Page Time Limit— Clause; form of . 5060 2169 Extension of; effect on bond 6087 2696 Unpaid Boards; unlawful for members to be inter­ ested in contracts— 5905 2602 6229 2776 Various Subjects Covered by— As to ownership of materials on site of Piers 4, 5,6 7275 3357 Board of inmates of Bay View Asylum; agree­ ments with inmates 3026 1222 Coal for draw, of Light St. Bridge 6812 3093 Dirt from excavations; disposition of 4811 2058 Feed for Street Cleaning Department 9709 4631 Fire Alarm Telegraph; use by private corpora­ tions 3005 1216 Garbage, removal of 811 325 Supplies; cement contract construed 1737 665 Old buildings; removal of 5409 2339 Peoples, David; interpretation of Outfall Sewer contract 4951 2122 Poor in institutions; method of payment 3711 1544 Steel for City Jail— 7842 3632 7880 3657 Steering gear engines; specifications for 8448 3983 Support of City patients at Springfield State In­ sane Asylum 3062 1237 Temporary Court House; removal of 4853 2082 Sewerage Pumping Station; specifications for... 5060 2169 Waste paper in streets; collection and disposal of... ' 6173 2746

CONVERSION OF STREET BEDS— See Deeds.

CONVEYANCE OF GARBAGE, ETC.— See Garbage, House Offal and Refuse. CONVEYANCES— See Deeds and Conveyances; Burnt District.

COOKING FOOD IN MARKETS— See Markets. • • •

COPIES OF JUDGMENTS— See Judgments; Justices of the Peace. 108 OPINIONS OF THE CITY SOLICITOR

CORONERS— Par. Page See Health. Jurisdiction of; territorial limits 3690 1535 When to furnish death certificate 5502 2388

CORPORATE STOCK— See Taxation of Property.

CORPORATIONS— See Easements; Franchises and Grants; Gans Bill; Public Service Corporation; Stocks; Loans and Finance; Taxation of Property. Capital Stock of; State Tax Commissioner not re­ quired to state to Appeal Tax Court his mode of valuation 5634 2453 Change of name while engaged in municipal work; effect of 9391 4469 Certificates of; Balto. Electric Power Co.; con­ strued 5415 2343 Dissolved; paving deposit due to 7416 3432

COSTS— See Advertisements; Building Lines; Fines and Penalties; Grades and Grading of Streets; Insane; Liens; Mayor; Municipal Officials; New Sewerage System; Nuisances; Paving; Sidewalks and Footways. Criminal Cases— Mayor's power to remit. ; 6634 2999 Recovery from State when on appeal costs are on State 960 377 Refunding; appropriations out of which payable. 6636 3000 When City is not liable for 958 .376 Lunacy Proceedings— Relating to insane prisoners. 3536 1455 Removed Cases— Criminal case from Anne Arundel County 4773 2036 Criminal cases removed to Baltimore City; no per diem for judges 3784 1572 From Baltimore City 4364 1843 Properly chargeable in 4770 2036 Properly payable by Comptroller 4365 1843 Removal of City lamps to accommodate New Sew­ erage System 4336 1829 Removal of pole ordered by City 2833 1145 Removal of street railway tracks. See Street Rail­ ways. JULY 1, 1903—JANUARY 1, 1911 109

COUNTY COMMISSIONERS— Par. Page See Franchises and Grants; Nuisances; Pav­ ing; Sewers and Drains; Street Railways. Paving obligation of street railway determined by grant from 4224 1775 COUNTY SEWERS AND DRAINS— See Sewers and Drains. COUNTY WATER USERS— See Water. "COUNTY WHARF"— See Docks, Wharves and Piers. COUPON BONDS— See Bonds; Stocks, Loans and Finance. COURT OF APPEALS— See Appeals. COURT CLERKS— See Appeal Tax Court. COURT COSTS— See Costs. COURT HOUSE— See Inspector of Buildings; Municipal Buildings. Heating of; contract for; status of coal contract.. 9015 4292 COVENANTS IN LEASES— See Leases. COVINGTON STREET— Laying of City conduits under B. & O. R. R. at Wells Street 2470 983 Ordinance providing for opening of, held unre- pealable 7791 3606. COWS- See Health. CREDITORS— See Contractors; Contracts. CREO-RESINATE BLOCKS— See City Engineer. CRIMINAL CASES— , See Costs. CROHNAL CHARGES— See Constables. CRIMINAL MISCONDUCT— When a disqualification for office 6521 2941 CRIMINALS— Rewards for. See Rewards. CROSSING GATES— See Safety Gates. 110 OPINIONS OF THE CITY SOLICITOE

CROSSINGS OF STREETS AND TRACKS— Par. Page See Paving; Private Streets and Alleys; Rail­ road Crossings; Safety Gates; Steam Rail­ roads; Street Railways; Streets, Highways, etc. CROSS-OVER SWITCHES— See Permits. To facilitate paving of street by City 9092 4332 CROSS STREET— B. & 0. R. R. tracks on; status of 1433 548 CROSS STREETS— See Grades and Grading of Streets; Paving; Private Streets and Alleys. CRUDE SEWAGE— See New Sewerage System; Sewage. CULVERTS— See Liberty Road; Commissioners for Opening Streets; Opening, etc., Streets, etc.; United Railways and Electric Co. At Milton Avenue and Fayette Street 203 122 CURBING AND CURB STONES— See Kerbing. CURRENT PER DIEM WAGES— See Wages. CURVES, SWITCHES, SPUR AND CONNECTING TRACKS— See Franchises and Grants; Steam Railroads; Street Railways. CUSTODIA LEGIS; PROPERTY IN— See Nuisances. CUSTODIAN— Apartment houses must provide 9631 4592 CUT FLOWERS— See Licenses.

DAILY NEWSPAPERS— See Newspapers. DAIRIES— See Health. DAMAGE PLATS— See Plats. DAMAGES— See Benefits; Bonds; Buildings; Burnt Dis­ trict; Collisions; Condemnation of Property; Contractors; Contracts; Electrolysis; Fires; Grades and Grading of Streets; Municipal Subways and Conduits; Nuisances; Opening, etc., Streets, etc.; Sewers and Drains; Street Railways; Streets, Highways, etc.; Turn­ pikes. JULY 1, 1903—JANUARY 1, 1911 111

Par. Page DAMAGES—Continued: For injury to street kerbing 8972 4269 Injury to abutting property by excavation of con­ tractor 9300 4431 Liability of municipal official for discharge of em­ ployee 8847 4201

DANGEROUS ARTICLES— See Inspector of Buildings; Oils; Permits. Barrels piled against building; removal of 8294 3891 Storage of— Creating dangerous conditions; abatement 3672 1527 Dynamite on streets 2232 880 Dynamite, ordinances regulating 3047 1231 Dynamite, within city limits 118 39 Gunpowder— Ordinances regulating 3047 1231 On pavements or streets— 2232 880 3047 1231 Pavement magazines for— 2232 880 3047 1231 Inflammable, combustible or explosive "compounds or materials under stairways 119 40 Within city limts— 118 39 1603 616 Transportation of— Explosive materials in City 1603 616

DANGEROUS AND UNSAFE BUILDINGS OK STRUCTURES— See Buildings; Bridges; Condemnation of Prop­ erty; Inspector of Buildings; Leases; Liens; Permits.

DANGEROUS AND UNSAFE CONDITIONS— See Dangerous Articles; Paving; 'Streets, High­ ways, etc. Duty and liability of City '. 5860 2578

DANGEROUS— Driveways. See Driveways. Excavations. See Excavations; Notice / Materials. See Dangerous Articles 112 OPINIONS OF THE CITY SOLICITOR

DAT LABOR^- Par. Page See Eight Hour Law; Labor; Laborers; Paving. . City may do work in excess of $500 by 8618 4082 City may employ U. Rys. & E. Co. to make altera­ tions of streets and tracks by 4055 1696 Eight hours a day's labor, when 3102 1256 Inspector of Buildings; cannot construct municipal improvements by 9135 4352 Power of City Engineer to employ on work of com­ petitive nature 6118 2715 Work done by a municipal department by, not sub­ ject to Sections 14, 15 of Charter— 3880 1620 4000 1671 4051 1694 Work done by, in City Engineer's Department not affected by Sections 14, 15 of Charter 3880 1620 Work under municipal contracts; limiting same to registered voters 4081 1711

DEAD ANIMALS IN STREETS— See Garbage, House Offal and Refuse. s DEAD BODIES— See Bay View Asylum. Disposition of— And cost thereof .' 9728 4642 Of persons dying en route to Bay View 3690 1535 Powers of Commissioner of Health and Anatomy Board 9728 4642 Unclaimed; burial of 9733 4643 DEAD-END TRACK— Connecting switch to; when ordinance unnecessary 9374 4461 DEATH CERTIFICATES— See Health. DEATHS— See Birth and Deaths; Constables. DEBRIS IN STREETS— See Obstructions. From Demolished Buildings— Obstructing sidewalk, removal of 4645 1974 Removal; conflict between departments of City Engineer and Inspector of Buildings 4645 1974 Resulting from fires; removal of 6766 3067 DECEASED EMPLOYEES— See Employees. JULY 1, 1903—JANUARY 1, 1911 113

DECEDENTS' ESTATES— Par. Page See Assessments; Executors and Administra­ tors; Taxation of Property. DECIMAR SYSTEM— See Numbers of Houses. DECISIONS— * See Grades and Grading of Streets; Inspector of Buildings. Reversal of Magistrates. See Fines, Penalties and Costs. DECLARATION OF RIGHTS— Cited 900 355 Article 15, construed 1914 750 DECREES OF COURT— See Building Code. Conflict with building law 3612 1497 DEDICATION— See Private Streets. Dedicated Streets—• Manner of accepting 5006 2147 Ordinance accepting; effect of, on status of street 2590 1036 Not municipal 'highway until accepted pursuant to law 5006 2147 Of streets; requisites for 2269 891 DEEDS AND CONVEYANCES— See Private Streets. Bed of Eutaw Place to City 9225 4393 Conditional; of bed of Patterson Street 4233 1782 Conveying beds of streets; effect of conversion of beds to other uses 4624 1962 From B. & O. R. R. Co. to City to dock and pier rights , 5418 2345 From Reisterstown Turnpike Co. to City 5472 2374 DEER IN — See Dogs. DEFAULT— Of Contractor. See Contractors; Contracts. DEFECTIVE— Material. See Contracts. DEFERRED PAYMENTS— See Contractors; Contracts; Paving. DEFICIENCIES IN SINKING FUNDS— See Stocks, Loans and Finance. DEFINITIONS— See Contracts. "Municipal Officials , 144 50 114 OPINIONS OF THE CITY SOLICITOR

Par. Page DEGNON CONTRACTING CO.— Release for completed contract work denied 6128 2723 DELAYS— See Condemnation of Property. Of Contractor. See Contractor. DELEGATED POWERS— See Mayor & C. C. of Balto. DELINQUENT TAXES— See Annex. DELIVERIES— Under Contracts. See Contractor. DELIVERY POINTS— See Garbage, etc. DEMOLISHED BUILDINGS— See Debris in Streets. DEMOLITION OF UNSAFE BUILDINGS— Cost of and lien for. See Buildings. DENNISON ESTATE— Controversy over widening of Pratt Street 9770 4666 DEPARTMENTAL— Appropriations. See Appropriations. Boards. See Boards. Estimates. See Ordinance of Estimates; Board of Estimates; Vouchers. Funds. See Appropriations. Heads. See Municipal Officials. Subordinates. See Employees; Heads of Depart­ ments; Mayor; Municipal Officials; Subordinates. Supplies. See Contracts; Supplies. DEPARTMENTS OP CITY— See City Departments; Contracts; Mayor. ' DEPARTURE FROM SPECIFICATIONS— See Contracts. See City Depositaries; Stocks, Loans and Fi­ nance. Security deposited with City to protect City de- . posits 8070 3758 DEPOSITS— See Contractors; Contracts; Paving; Savings Banks. Conditional by bidders to secure copies of specifi­ cations; forfeiture of 9842 4710 DEPUTY COLLECTOR— See Extra Work. DERELICT GAS AND OTHER PIPES— See New Sewerage System. JULY 1, 1903—JANUABY 1, 1911 115

DESIGNS— - Par. Page See Architects; City Engineer; Plans and De­ signs. For Bridges. See Bridges. For Municipal Buildings. See Buildings. For Municipal Improvements. See Architects; Art Commission. DESTITUTE AND NEGLECTED CHILDREN— See Children. DETENTION HOUSE AT QUARANTINE— See Contractors. DEVIATION FROM SPECIFICATIONS— See Contracts. DIARY FUND— See City Council. DIARIES— Of park engineers; right of Park Board to compel surrender of 8974 4271 DIRECTORS— See Union Railroad Co. DIRT— See Commissioners of Street Cleaning; Con­ tractors; Contracts; Earth. From Excavations. See Contracts. Contractor must remove from newly paved street. 5177 2221 DISBURSEMENTS— See Appropriations. DISCOUNTS— See State Taxes; Taxation of Property.' DISEASES— See Health. DISINFECTANTS— See Fire Department. DISINFECTION— See Health. DISPENSARIES— See Water. DISPOSAL PLANTS FOR SEWAGE— See Sewage. DISPOSAL WORKS OF NEW SEWERAGE SYSTEM— See New Sewerage System. DISPUTED CLAIMS— See Contractors. DISQUALIFICATION FOR OFFICE— See Constables. 116 OPINIONS OF. THE CITY SOLICITOR

DISTILLED SPIRITS— Par. Page See Taxation of Property.

DISTRICT SUPERINTENDENTS OF STREET CLEANING— See Commissioners of Street Cleaning.

DIVERSION— Of Appropriations or Funds. See Appropriations.

DIVISION WALLS— See Walls of Buildings.

DOCK ($1,000*000) 1909 LOAN— Pratt Street Bridge; defraying cost out of 9766 4664

DOCK STREET— Re-adjustment of tracks of Chrome Works on.... 1004 396

DOCKS, WHARVES AND PIERS— See Board of Awards'; Burnt District; Deeds; Degnon Contracting Co.; Driveways; Fran­ chises and Grants; Lamps and Lighting; Leases; Permits. City Piers— / • , • Contractors' erecting may make certain charges for wharf space— 3754 1560 • 3762 1562 "County Wharf," foot of Broadway; right of City to lease 8647 4099 Extensions of 8015 3722 Fence along bulkhead; City to maintain 7544 3495 Franchise ordinances relating to • 5680 2478 Lighting of by City; discretionary powers of Superintendent of Lamps and Lighting 8468 3996 Streets on; proper'party to construct same 5680 2478 Pier No. 1— Driveway on, not a public highway 7780 3601 Effect of subsequent passage of New Build­ ing Code upon Ordinance leasing same to B., C. & A. Ry. Co. and the United Fruit Co.. 6476 2917 Insurance on property of lessee 7911 3671 Lease of to United Fruit Co. and B., C. & A. Ry. Co. construed 6473 2916 Piers Nos. 1 and 2— Construction of streets on 5680 2478 Paving of prior to leasing. 5682 2479 JULY 1, 1903—JASTUAHY 1, 1911 l1?

Par. Page DOCKS, WHARVES AND PIERS—Continued: City Piers— Piers 1, 2 and 3— Removal of railway tracks on 5418 2345- Pier No. 2— Area of space leased to Standard Oil Co 7156 3289. Controversy as to proper location of curb of 50-foot driveway thereon 7156 3289 Driveway on; abandonment of curb to preserve , width of 9740 4648 Lease of part of to Atlantic Fruit Co. construed 6484 2922 Objection of one lessee to paving of driveway used in common 6577 2969 Ordinances leasing space on construed 6577 2969 Railroad track on; authority by ordinance re­ quired 7739 3582

Pier No. 3— City not required to light same 5366 2310- 5368 2311 Grading and paving of; payment of expense of; lease relating to construed 5325 2292. 5334 22.95 Structural changes in, by Merchants & Miners Company 4715 2008

Piers 4, 5 and 6— Specifications of contract for, construed as to phrase "Line of Construction" 7275 3357

Pier No. 4— State property on; right of State to sell to any­ one 2410 958 Pier 6— , City may pave by day labor 8618 4082 Foundations and supports for concrete ties pending construction; cost implied obligation assumed by contractor 7961 3696

Docks and Piers— . - ' Extension of private water pipes on 6072: 2687 Harbor Board's authority in construction of.... 1961 771 To devise, plan, construct and maintain 1709 655 Webster Street Dock; legal status of 8150 3809 Lessees to adapt sub- and super- structures to.... 4715 2008 118 OPINIONS OF THE CITY SOLICITOR

Par. Page DOCKS, WHARVES AND PIERS—Continued: O'Donnells's Wharf— Belongs to City; how acquired 4902 2102 Bulkhead at; status ot City's ownership and obli­ gation to maintain, repair and rebuild 4902 2102 Old, unused and dangerous piers and piles in har­ bor; removal of 9267 4412 Pier Driveway— Objection of one lessee to paving of; right of City to proceed with improvement 6577 2969 Piers, Private— Permit for extension; dispute as to riparian rights; refusal of Harbor Board to issue pend­ ing. 7906 3669 Powers of City in relation to reviewed, discussed and construed 1676 646 Recreation Piers— Power of City to construct 6652 3001 South Baltimore Pier or Dock; right to assess bene­ fits on property owners under Act 1910, ch. 485.. 9232 4396 Western Md. R. R. Co.'s Piers— Limits of City's jurisdiction at for assessment purposes 2096 823 DOCTOR'S FEES— See Contractors. BOGS— See Licenses; Nuisances; Ordinances. Cog laws reviewed 5658 2466 Keeping of large numbers on premises not a public nuisance per se • 4844 2077 Mad dogs; extermination of 2725 1096 May be killed to save animate property (park deer) 4036 1688 May run at large when licensed 2724 1095 Ordinance to provide for killing of when destroying municipal property, valid 4039 1688 Ordinances relating to 4845 2078 Proposed (1908) dog ordinance; discussion relat­ ing to framing of 5658 2466 : . 5663 2468 . 5667 2470 DOMICIL— See Taxation of Property. DONALDSON STREET— Double track of W. M. R. R. from Sharp Street to Marshall Street 126 42 JULY 1, 1903—JANUARY 1, 1911 119

DOORS— Par. Page Cellar. See Cellars. Turnstile. See Buildings DRAINAGE— See Cellars; Grades and Grading of Streets; Jones' Falls; Nuisances; Permits; Street Railways. Adjustments in grade changes; notice 1929 757 Cannot be led over private property unless owners consent 2374 939' Disposal of. See Permits. Ground Drainage— Discharge in Chesapeake Bay and tributaries... 2926 1190 Flooding of cellar due to defective drain 6823 3100' House Drainage— s Unlawful to conduct into Gwynn's Falls 5497 2386 Injury of paving by, overflow of. .: 339 146 Injury to street railway paving pending street im­ provements 8801 4175 In streets, powers of City as to 293 122; Liability of City for defective 293 122 Of approaches to abolish B. & 0. grade crossings.. 9423 4488 Other than crude sewage, may be discharged in Chesapeake Bay or tributaries 2926 1190 Owner of premises must dispose of without cre­ ating nuisance 9533 4545 Pollution of stream by 2868 1161 DRAINS, HOUSE— See Health. DRAINS AND SEWERS— See Harbor, Harbor Board and Engineer; Health; Nuisances; New Sewerage System; Permits; Sewers and Drains; Street Rail­ ways; United Rys. and Elec. Co. DRAPERIES AND STORM DOORS— See Municipal Buildings. DRAW BRIDGES— Se'e Light Street Bridge. DRAWINGS OR PLANS— See Contracts; Plans and Designs. DREDGING OF CHANNEL— Building injured by. See Bulkheads. DREDGING OF HARBOR— See Harbor Board. ^ Liability of City for injury to wharves and bulk- ' heads '...'. 6133 2727 120 OPINIONS OF THE CITY SOLICITOR.

Par. Page DRINK OB DRUG HABIT— Institutions for cure of; status; permits for 9436 4494 DRINKING FOUNTAINS— See Pumps. Installation of, before dismantling of condemned pumps 8556 4046 Water Board has authority to erect 1762 678 DRIVEWAYS— See Kerbing; Streets, Highways, etc. Abandoned— Kerbing of; when mandatory at City's expense. . 3817 1589 Construction of, on sidewalk; legal requirements.. 3402 1400 Dangerous conditions at 5860 2578 On Piers. S.ee Docks, Wharves and Piers. Over sidewalks and footways; permits for 9173 4368 DRUID HILL PARK— See Dogs; Leases; Parks and Squares. DRUID LAKE— Title to land surrounding; authority of Water Board 4565 1938 DUCT SPACE— See C. & P. Telephone Co.; Easements; Leases; Municipal Subways and Conduits. DUFFY STREET— Status as public street.... 2271 892 DUGAN'S WHARF— Agreement with U. Rys. & Elec. Co. relating to 6938 3174 DUMPS FOR GARBAGE, ETC.— See Garbage, House Offal and Refuse. DYNAMITE— See Dangerous Articles.

EAGER STREET— Paving contract for, construed 1840 718 EARTH FROM EXCAVATIONS— See Sewers and Drains. EASEMENTS— See Abutting Property Owners; Board of Esti­ mates; Condemnation of Property; Corpora­ tions; Franchises and Grants; Municipal Subways and Conduits; Park Tax; Public Service Corporations; Rights of Way; Steam Railroads; Street Railways; Streets, High­ ways, etc.; Taxation of Property. Are an element of value to be considered in assess­ ing property of the owner 1288 492 JULY 1, 1903—JANUARY 1, 1911 121

' Par. Page EASEMENTS—Continued: Condemnation of property subject to public 2354 930 Easement Tax— Liability of corporations renting duct space for. 7420 3435 Substitution of franchise tax for 7421 3435 Loss by non-user and abandonment 9660 4607 Lost unless expressly reserved 859 342 In Public Property— Are real estate and assessable as such 1291 493 Burdens imposed by City or State diminish as­ sessable value of 1296 494 Taxation of upheld 1270 487 Of public service corporations in streets, etc.; status with respect to extension of New Sewer­ age System 3722 154a 3736 1554 3746 1557 In Streets, Highways, etc.— Are assessable for taxes 1292 493 Should be assessed cum oncre 1294 493 Of turnpike company in Annex taxation 267 105 EAST FALLS AVENUE— Connecting track to sewage pumping station 6691 3026 Declared a public highway; report on title of... 9776 4670 Status of, as a public street 5977 2639 EAST LOW LEVEL INTERCEPTOR— Error in O'Connell's bid for 6122 2719 EASTERN AVENUE BRIDGE— See Bridges. EASTERN HIGH SCHOOL— See Schools. EDMONDSON AVENUE— Conversion of bed of to park uses 4622 1961 Railway tracks on; permit for 7634 3535 Removal of railway tracks from side to center of street; conditions under which City may exercise power to compel such removal 7645 3541 7667 3549 Use of by abutting property owners obstructed by railway tracks on; remedy 4620 I960' EIGHT HOUR LAW— See Bridges; Employees; Hours of Labor; In­ spectors; Laborers. Application and Construction of 5925 2612. '. 7584 3510 Applies to contractors on City work 9181 4372, Defined 9026 4297 122 OPINIONS OF THE CITY SOLICITOR

Par. Page EIGHT HOUR LAW—Continued: Application and Construction of— Evasion of 5945 2623 Exceptions to defined 5928 2613 5939 2620 Hours of labor not to exceed 8 in 24 5948 2625 Lost time; making up prohibited 5926 2612 Permits work at any time during day 5948 2625 Prohibits overtime, voluntary or compulsory... 5929 2613 Scope of its application 5939 2620 Stone cutting outside City unaffected by 7584 3510 Various questions involving interpretation thereof 5911 2606 Contractors and Contract Work— Alleged violation at New High Service Reservoir 6399 2868 6413 2877 City must enforce as to employees of 7452 3450 Effect on contracts in force at adoption 5934 2616 5943 2621 Hours of labor not to exceed eight.. 3102 1256 Mandatory as to mechanics 7449 3448 Prosecution of contractors violating law 6413 2877 Scale of wages for City work 5913 2606 Violations by paving contractors 8998 4283 9003 4285 Employees of City Government— As affecting Street Cleaning Department 5925 2612 As affecting watchmen on bridges 5946 2624 Mechanics and laborers not to work over eight hours '...-.'.- 3102 1256 Members of Fire Department; repair of apparatus 4701 2001 Provisions relating to mandatory. 7449 3448 Status of certain park employees under 9122 4347 Status of inspectors under 5937 2618 Status of Park Police under 7035 3223

EJECTMENTS— See Buildings. From City lands; necessity for accurate surveys in suits in 2512 1002 Of tenant for non-payment of rent for City prop­ erty 2512 1002 Where City property is illegally occupied by squatters. . . . . 5401 2334 Suits valid only to establish title of land actually described in proceedings 2512 1002 JULY 1, 1903—JANUARY 1, 1911 123

Par. Page ELECTION DAY— See City Council; Legal Holidays.

ELECTIONS— See City Surveyor; Primary Elections. Contested. See City Council. Of Officials. See Municipal Officials.

ELECTRICAL—, Apparatus/and Work. See Inspections; Polytech­ nic Institute. Commission. See Municipal Subways and Con­ duits; Annex Improvement Commission. Conduits. See Municipal Subways and Conduits. Construction and Equipment. See Inspector of buildings; Private Property. Current. See B. & O. R. R. Co. City's authority to use same from private plant. 9311 4435 Signs. See Permits arid Signs. Subways and Conduits. See Municipal Subways and Conduits. Wires and Wiring. See Electrical Work and Con­ struction.

ELECTRICAL WORK AND CONSTRUCTION— See Inspector of Buildings; Permits. Inspector of Buildings must approve safety pre­ cautions 4699 2000 Power of Inspector of Buildings to frame system of rules for 917 363 Construction of Ordinance regulating 2585 1033

ELECTRIC CURRENT— Right of B. & O. R. R. to supply to Swift & Co.. 4798 2050

ELECTRICIANS— See Licenses.

ELECTRIC— Light Plants (Private). Stringing of wires for, on streets unlawful 9310 4434 Lights in Streets. See'Lamps and Lighting. Poles and Wires. See Poles and Wires; Trees. Meters. See Meters. Power or Light Connections. See Permits. .Service Connections. See House Connections. 124 OPINIONS OF THE CITY SOLICITOR

ELECTROLYSIS— Par. Page See Md. Telph. & Telegraph Co.; Municipal Subways and Conduits. C. & P. Telph. Co.; injury by, due to feeder cables. 41 15 City not responsible for electrolytic action in mu­ nicipal subways 3085 1248 Conduit System of City— Injury to property of tenants by; City not liable for 2871 1162 2877 1165 Users of municipal subways bound to prevent.... 38 12 Water pipes, etc.; injury to 38 12

ELEVATORS— See Permits. Safety devices for; ordinance provisions sustained. 1815 704

EMERGENCY FUND— See Funds; Grades and Grading of Streets. Change in grade of street; cost may be charged to. 5359 2307

EMERGENCY WORK— See City Engineer.

EMINENT DOMAIN— Closing of parks or squares in street part of power of .* 4546 1928

EMPLOYEES— See Burnt District; Collector of Water Rents and Licenses; Commissioner of Street Clean­ ing; Fire Department; Harbor Board; Hours of Labor; Inspector of Buildings; Mayor; Minors; Municipal Officials; Primary Elec­ tions. Appointment of; rule when department head is re­ appointed '. 385 167 Bonds of. See Bonds. Of Fire Department 2689 1080 Inspector of Buildings ' 3317 1364 When required; premiums on 2381 943 Extra Compensation—• Rule in determining legality of 1551 593 5456 2367 Under Burnt District Act 1551 593 Work after office hours 378 163 2338 924 Fire Department; / salaries of 307 129 Harbor Board; compensation of.. 5629 2450 Outside work; right to engage in. 7193 3309 JULY 1, 1903—JANUARY 1, 1911 125

EMPLOYEES—Continued: Par. Page Of Park Board. See Eight Hour Law. Need not be registered voters; nor residents of City 7012 3210 695 284 Power of appointment 2356 931 Prohibiting employment of objectionable men by contractors ' 8847 4204 Salaries and Wages of— Assignments of,, invalid 1884 739 Of deceased employee; party to receive 5851 2573 Status differentiated from that of municipal offi­ cials and other public officers 1134 444 "Two-Dollar-a-Day" Bill; City employees affected by 8934 4250 Water Department cannot pension 3909 1631 EMPLOYMENT OF LABOR— See Eight Hour Law; Reservoirs. ENABLING ORDINANCES— See Ordinances. ENCROACHMENTS— See Alleys; Building Lines; Sidewalks and Footways; Streets, Highways, etc. Houses extending over alley conveyed by City in fee; nature of City's title. • 4318 1821 Of party lines; Building Code held not to apply to private disputes 8475 4000 Over the Building Line— By property owner; remedy. 2027 797 City to prevent 2028 798 How determined. . 1113 437 ENCUMBRANCES— See Condemnation of Property. ENFORCEMENT OF ORDINANCES— See Ordinances. "ENGINE HOUSE— See Condemnation of Property; Fire Depart­ ment. Validity of (1957) loan upheld. 9567 4562 •ENGINEMEN— See Fire Department; Stationary Engines. ENGINES, LOCOMOTIVE— See Locomotives and Cars. .ENOCH PRATT LIBRARY— See Sidewalks and Footways. Alley in rear of 4776 2039, A, private corporation : 4497 1905 Appropriations for support of 6282 2806 126 OPINIONS OF THE CITY SOLICITOR

Par. Page ENOCH PRATT LIBRARY—Continued: Branch at Gorsuch and Taylor Avenues 9803 4687 Ordinance in support of branches ultra vires 4495 1904 Repair of footways in front of branch libraries.. 6281 2806 ERRONEOUS ASSESSMENTS— See Paving. ERRORS AND MISTAKES— See Advertisements; Contracts. Bids; correction of clerical, in 8554 4045 EQUIPMENT— See Apparatus. ESCAPED— Property and Taxes. See Assessments; Taxation of Property. ESTABLISHED INSTITUTIONS— Additions to Buildings. See Permits. ESTABLISHMENTS— Of Building Lines. See Building Lines. Of Street Grades. See Annex; Grades and Grading of Streets; Topographical Survey Commission. ESTIMATES— Board of— Departmental— Of Annual Expenses— See Board of Estimates. Of Contract Work. See Contracts; Contractors. ESTOPPEL— As determining the proper construction of an ordi­ nance 8160 3815 EUREKA MUTUAL AID SOCIETY— City stock deposited with Insurance Commissioner as guarantee fund; transfer of 5603 2436 EUTAW PLACE— Changing curb line to preserve row of trees 9223 4392 — Cost of re-establishing grade at Hamburg St 9564 4560 Extension to B. & O. Bridge at Lee Street 1860 2728 Movable stalls at curb line; encroachment on side­ walk , 9757 4659 Ordinance authorizing B. & O. R. R. tracks on, valid 1027 405 Posts in front of theatre, on 1901 745 EVERGREEN TERRACE— Substitution of gneiss for granite in kerbing of 2922 1187 JULY 1, 1903—JANUARY 1, 1911

Par. Page EXAMINATIONS, PHYSICAL— See Schools. EXAMINING BOARDS— See Fire Department. EXCAVATIONS— See Buildings; Cellars; Foundations; Inspec­ tor of Buildings; Nuisances; Trenches. By Contractors. See Contractors; Contracts. For Sewers and Drains. See Sewers and Drains; Street Railways. Adjoining property to be protected by retaining wall; cost of 9803 4687 Dangerous and unprotected; duty and powers of Inspector of Buildings 3241 1328 In streets; disposal of scrap iron unearthed by.... 8383 3943 EXCEPTIONS— See Hours of Labor. EXECUTIONS— See City Collector; Judgments. For Taxes. See Taxation of Property. EXECUTORS AND ADMINISTRATORS— See Assessments; Taxation of Property. EXEMPTIONS— See Park Tax. From Taxation. See Benefits; Ordinances; Plant Exemptions; Taxation of Property. Statutes providing for; construction of 802 321 EXHIBITIONS— See Nuisances; Street Exhibitions. Sparring; permits required for 9578 4567 EXISTING— Structures. See Building Code. Walls. See Walls. EXITS— See Building Code. EXPERIMENTAL PAVING— See Paving. EXPENSES— See New Sewerage System; Public Service Corporations. Accounts between City departments. See City De­ partments. In Demolition of Buildings. See Buildings. 128 OPINIONS OF THE CITY SOLICITOR

EXPERTS— Par. Page Fees of. See City Engineer; Contingent Fund. Investigations of official conduct; when charge­ able to City 6151 2735 EXPIRATION OF FRANCHISES— See Franchises and Grants. EXPLOSIVE AND INFLAMMABLE ARTICLES— See Blasting; Dangerous Article's; Oils. EXTENSION OF TIME— See Bonds; Contractors; Contracts. EXTENSION OF GAS MAINS— See Gas and Electric Co. EXTINCT CORPORATIONS— See Corporations. EXTINGUISHING STREET LAMPS— See Lamps and Lighting. EXTRA COMPENSATION— See City Surveyor; Contractors; Contracts; Employees; Municipal Officials; New Sewer­ age System; Sewers and Drains. Mayor's stenographer; for work in Hellman case.. 8019 3724 EXTRA WORK— See City Surveyor; Contractors; Contracts; Employees; Municipal Officials; Subordi­ nates. Deputy City Collector; compensation for work after office hours 378 163 When Section 14 of Charter does not apply to 5704 2493

FAIRMOUNT AVENUE— Patuxent Street intersection; railway company not to pave 1752 673 Resume of Ordinances affecting tracks of Central Railway Co. and its successor, the U. Rys. & Ele'c. Co. on 3480 1428 Staus of trackage rights of U. Rys. & El. Co. on... 3458 1419 FALLS ROAD— Closing of, at request of State Roads Commission.. 9206 4383 FAN HOUSE, P., B. & W. R. R.— See Poles and Wires. FARES, RATES OF— See Stables. FARMERS & MECHANICS' NATL. BANK OF FREDERICK— Refund of taxes on City stock, claimed 6458 2903 JULY 1, 1903—JANUARY 1, 1911 129

FAYETTE STREET— Par. Page A public street 293 122 New sanitary sewer in; connections with 7293 3419 Paving of, between Charles and Calvert; obligation of street railway company.. 6683 3023 FEDERAL CONSTITUTION— Article 1, Section 10, construed 2249 885 FEDERATION OF LABOR— See Eight Hour Law; Registered Voters; Reservoirs. FEED— Certificate of inspection; right of City to require; cost 9709 4631 FEEDER CABLES AND WIRES— See Municipal Subways and Conduits; Poles and Wires; Taxation of Property. FEES— See Benefits; City Collector; City Surveyor; Experts; Inspectors; Licenses; City Engi­ neer. FELL'S POINT MARKET— See Markets. FELL STREET RECREATION PIER— See Recreation Piers. FEMALE EMPLOYEES— Seats for in mercantile or manufacturing establish­ ments 8327 3908 FEMALE HOUSE OF REFUGE— See Houses of Refuge and Reformation. FENCES— See Docks, Wharves and Piers; Permits. Along bulkhead on City piers 7544 3495 Property owner not required to erect 3157 1283 Spite fences; safety precautions for..... 4913 2107 FENTRESS & MEDAIRY— See Franchises and Grants. FERRY HOUSES— See Inspector of Buildings. FERTILIZERS— See Park Board. FETUS, REMOVAL OF— See Permits. FIELD HOUSES— See Parks and Squares. FIFTH REGIMENT ARMORY— Exemption of taxes on 6155 2757 Parking around, to be maintained by Park Board. . 1555 595 Sidewalk and street in front of; City to pave 9251 4404 9 130 OPINIONS OF THE CITY SOLICITOR

Par. Page FILLED OB MADE GROUND— See Sewers and Drains. FILTERING OF SEWAGE— Filtration Beds. See New Sewerage System. Filtered Sewage and Filters for Sewage. See Sewage. FINAL PAYMENTS— See Contractors. FINANCE, COMMISSIONERS OF— See Stocks, Loans and Finance. FINES AND PENALTIES— See Appeals; Contracts; Costs; Mayor; Nui­ sances; Ordinances. • Against defaulting contractor; a lien on funds due him 4378- 1849 Agreements relating to in lieu of prosecution 3638 1509 Appropriations out of which refunded 6636 3000 City Charter silent as to remission of 5512 2391 For illegal driving of piles in harbor; offender may pay City in lieu of prosecution 3638 1509 Limits of Police Magistrate's jurisdiction 9429 4491 Maximum imposed by ordinance 7348 3399 Penalty Clause— Construction applicable to general penalty clause in Code of Public Local Laws 2087 820 Effect on enforcement of ordinance when omitted 2087 820 Proper officer to institute proceedings for recovery of 6590 2974 6601 2981 Refund of, upon reversal of Magistrate's decision. 6634 2999 Remission of— Mayor's power therein 2810 1135 5511 2391 ' 6634 2999 Method of refunding 6634 2999 Sparring exhibition; failure to get permit from Mayor 9578 4567 FIRE— See Dangerous Articles. Alarm Boxes— Apparatus— Board— Badges— Department— See Fire Department JULY 1, 1903—JANUARY 1, 1911 131

Par. Page FIRE—Continued: Fire Alarm Poles and Wires. See Poles and Wires. Tests. See Oils.

FIRE ALARM GONGS— In hotels, etc 9636 4594

FIRE DEPARTMENT— See Board of Estimates; City Council; Em­ ployees; Fires; Fire Escapes; Hours of Labor; Pensions; Stationary Engineers; Widows of Firemen. Apparatus of— Members may repair 4701 2001 Ordinance to permit same to traverse Druid Hill Park invalid 5486 2380 . Architect for fire tug; powers of Board 8438 3977 Bonds of Employees. See Bonds. Premiums on 2689 1080 Disinfectants for; contract for. 2816 1183 Employees of— City Council cannot fix salaries of 307 129 Increasing compensation of, after fixing salaries; policy of City ! 5456 2367 Salaries of; by whom fixed 307 129 Engine House; enabling Ordinance necessary to acquire land for 3699 1539 Enginemen; as to certificates under Act 1892, Ch. 448 6526 2943 Not affected by Act, 1910, Ch. — 8963 4264 Examining Board of; appointment of third member 354 154 Fire Alarm Boxes in Theatres; who pays for 2264 890 Fire Alarm Poles. See Poles and Wires. Fire Alarm Telegraph— Employees required to bond 2754 1110 Superintendent not within purview Act 1906, Ch. 244 6429 2884 Wires of; duct space for in private conduits 1953 769 Fire Badges; sale of complimentary badges unlaw- i ful 1151 450 Fire Board— May order private wires on its system of poles underground 3011 1217 Salaries of employees; exclusive jurisdiction over 1380 531 Salary assignments of employees not to be recog­ nized by 1884 739 132 OPINIONS OF THE CITY SOLICITOR

Par. Page FIRE—Continued: Fire Board— Its control of departmental appropriations 2566 1024 Firemen— Retired members of; jurisdiction of Board over. . 6615 2988 Status of members on retired list 6615 2988 Assignments of wages unenforceable 1884 739 Not to take other employment on sick leave 1496 575 Substitute Firemen; not entitled to pay while sick 9670 4611 Vaccination of 1560 597 Fire Engines and Apparatus— Contracts for may be let before appropriations become available 4430 1868 Injury to dwelling steps by; City not liable 9806 4688 • Routes; private roads; repair of 1783 685 High Pressure Pipe Line System— Contract for construction of, construed as to— •Consulting engineer 9584 4570 Payments for pipe 8330 3909 Salaries of inspectors; payment of 8525 4027 Specifications of pipe line contract 8792 4171 Pumping Station Plans and Specifications; for­ feiture of deposit for copy of 9584 4570 Method of disposing of realty abandoned by 6557 2059 Physician to Fire Department; duties of 1560 597 Probationers; City Council cannot increase salaries of 1380 531 Rules of; Rule 14, Sections 1-6, construed 1560 597 Salaries of subordinates in ; 4148 1743

FIRE ESCAPES— See Buildings. When Inspector of Buildings may require installa­ tion 2731 1101

FIRE INSPECTOR— Inspector of Buildings may exercise powers o£.... 430 186

FIRE INSURANCE— See Insurance.

FIRE INSURANCE SALVAGE CORPS— See Taxation of Property. Act 1906, Ch. 464, exempting from taxation invalid.. 6957 3185 JULY 1, 1903—JANUARY 1, 1911 133

FIREMEN— Par. Page See Fire Department; Pensions; "Widows of Firemen. FIRES— See Debris in Streets. Property damaged in extinguishment of 8532 4032 Property destroyed by. See Appeal Tax Court. Abatement of taxes on,,, 1203 m FIKSX BRANCH CITY COUNCIL— See City Council. Surplus arising' from excess of revenues over ex­ penditures; disposal of 816 327 FISCAL YEAR— See Appropriations. FIVE MILLION HARBOR IMPROVEMENT LOAN— Purchase of property at private sale under 9713 4634 FIXTURES— See Trade Fixtures. Purchased under special ordinance for illumination 382 165 FLAG STONES— Laid in public street by an individual; City ac­ quires title thereto 2761 1114 Materials to which, limited 753 304 Section 38, Art. 48, City Code ('93), construed' 752 304 FLANAGAN, P., & SONS— Private sewers and drains of; adoption by New , Sewerage Commission 8873 4217 8885 4225 9217 4390 FLEET STREET— See Canton Avenue. FLOODING OF CELLARS, DRAINS AND PREMISES— See Cellars; Nuisances. FLOORS OF BRIDGES— See Bridges. FLOWERS— See Licenses. FLOWERS AND VEGETABLES— Cultivation of, in parks by school children 1159 454 FLUSHING OF STREETS— See Cleaning Streets. FOOD, COOKING— See Markets. 134 OPINIONS OF THE CITY SOLICITOR

Par. Page FOOTBRIDGES— See B. & O. R. R.; Bridges; Private Property- FOOTINGS— Of Walls of Buildings. See Buildings. FOOTPATHS AND WALKS IN PARKS— See Parks and Squares. FOOTWAYS AND SIDEWALKS— See Annex; Paving; Sidewalks and Footways; Trees. FORCIBLE ENTRY— See Health; Inspections; Nuisances. FOREST PARK— Temporary disposal of sewage at 8990 4279 FORFEITURES— See Contractors; Contracts; Fines and Pen­ alties. FORGED CHECKS— See Checks. FORMALDEHYDE— See Health. FORMS— See Certificates of Deposit; Leases; Notice; Sewers and Drains. FOUNDATIONS— See Buildings; Docks, Wharves and Piers; New Sewerage System. Excavations for; where adjacent highway is made unsafe or dangerous 2667 1069 FOUNTAINS FOR WATERING ANIMALS— Water Board has authority to erect 1762 678 FOUTZ LAW— See Kerhing. Construed 261 104 FRAME BUILDINGS— See Annex; Buildings; Inspector of Buildings. FRAME SHEDS— See Advertisements; Building Code; Build­ ings; Permits; Stables. Definition of term "temporary" 7383 3415 Enabling Ordinance for erection of; when unnec­ essary 4460 1889 Use as Stables. See Owners of Property. JULY 1, 1903—JANUARY 1, 1911 135

Par. Page FRANCHISES AND GRANTS— See Arbitration; Board of Estimates; Condem­ nation of Property; County Commissioners; Docks, Wharves and Piers; Easements; Grades and Grading of Streets; Minor Priv­ ileges and Franchises; Ordinances; Park Tax; Permits; Steam Railroads; Street Rail­ ways; Streets, Highways, etc. Baltimore County Water and Electric Co.— Purchase of franchises of 741 300 Compensation for— Refund of compensation paid for 3332 1370 May be reduced if excessive 3332 1371 Of constituents; acquired by consolidated corpora­ tion. 2315 914 Docks and Piers— How granted; City's powers 1676 646 1710 556 Piers 1, 2; terms of 5680 2478 Electric Light, Telephone, etc.— Conduit leases require grant of 1468 561 Conduit space; condition of grants of 1590 611 Construction of Md. Telephone Co.'s grant 2152 848 Fentress & Medairy conduit lease; bond with... 5767 2528 Exercise and Enjoyment of— Meaning of term "execution and enjoyment".... 6023 2663 Prevented by street improvements 6026 2664 When Ordinance is silent as to time of..: 2603 1042 Expiration of; special circumstances of each case control 6032 2668 Franchise Tax. See Taxation of Property. Inspection of books of public service corpora­ tion to verify statement of gross receipts 3617 1500 Implied or incidental 21 7 Jones' Falls franchise of West. Md. Tidewater R. R. Co- Legal status and legislative history of 9655 4605 Loss by non-user and abandonment 9660 4607 Md. Teleph. & Teleg. Co.; rights in municipal sub­ ways 8898 4232 Minor privileges differentiated from 1389 ' 534 Ordinances Granting— Charter requirements 2116 833 Clauses required to be incorporated therein..... 2116 833 136 OPINIONS OF THE CITY SOLICITOR

Par. Page FRANCHISES AND GRANTS—Continued- Ordinances Granting— Deviation from street requirements of; confirma­ tory Ordinance 6433 2887 Provisions as to rates, fares and charges 2117 833 Grant by Ordinance held unnecessary 8608 4077 In Public Property— Are real estate and assessable as such 1291 493 Should be assessed cum onere 1294 493 Railroad and Railway Franchises— Board of Estimates; jurisdiction over changes in motive power 1523 584 Curves, Switches or Connecting Tracks— Franchise Ordinance required for 4427 1873 When Ordinance or permit from Board of Esti­ mates unnecessary 6532 2946 Deed from B. & 0. R. R. of franchises in dock and pier territory 5418 2345 Fairmount Ave. track grants construed 1752 673 North Avenue tracks of U. Rys. & Elec. Co.; pav­ ing requirements 4230 1780 Status of North Ave. railway grant 4789 2046 Paving requirements of street railway compa­ nies fixed by ., 4224 1775 Railway companies' duties under 1787 687 Steam Railroad; changing grade of street to preserve 9264 4411 Street Railway— Colubmia Avenue; grant construed; not lost by laches 8219 3844 Loss of franchise by laches in execution 8136 3799 Nature of grant for; municipal control and regulation 8721 4137 Time limit for construction; ordinance con­ strued 8219 3844 York Road track rights '. 2849 1155 In 'Streets, Highways, etc.— Are assessable for taxes 1292 493 Cost of accommodating equipment of public serv­ ice corporations to the municipal utilities 6704 3032 Disturbance of enjoyment by City in process of municipal work 6704 3032 Of equal legal status; conflict between railway and gas companies 6234 2779 Ordinances granting must be advertised 4177 1757 Steam railroad motors; when new franchise is required 1523 584 JULY 1, 1903—JANUARY 1, 1911 137

Par. Page FRANCHISES AND GRANTS—Continued: Temporary grant under agreement 6627 2995 ( Wires in private streets; status of 1947 765 FRANCIS STREET— iSpur or connecting track on 6532 2946 FRANKLIN ROAD QUARRY— Tenant's rights defined 6064 2681 FRANKLIN SQUARE— Building requirements in vicinity of 2336 9:23 Copies of Ordinances relating to 2284 898 Relating to title to 2282 898 FRANKLIN SQUARE HOSPITAL— Objection to improvements at 2335 923 FRANKLIN STREET— Is a public highway between Pearl and Pine Streets 4006 1675 FRANKLIN TURNPIKE COMPANY— See Turnpikes- FRATERNAL ORGANIZATIONS— See Benefits. FREAK EXHIBITIONS— Police Board has power to suppress 2878 1166 FREDERICK AVENUE— Defective bridge over G-wynn's Run at 5405 2337 FREDERICK AVENUE TURNPIKE CO.— See Turnpikes. FREDERICK ROAD— Bed of; data relating to 9400 4475 Bed west of Bentalou Street is private 1947 765 Conduit rentals chargeable against C. & P. Tel. Co.- for conduits therein 9395 4472 Permits to C. & P. Tel. Co. for laying conduits; proviso as to form of. 9401 4476 FREE CARE— See Water. FREE PATIENTS— See Insane. FREE PUBLIC BATH COMMISSION— See Public Baths and Public Comfort Stations. FREE PUPILS— See Schools. FREE SCHOOL BOOK FUND— See Schools. FREIGHT ELEVATORS— See Elevators. FREMONT STREET— Railway tracks, on 2606 1043 138 OPINIONS OF THE CITY SOLICITOR

FRONT FOOT RULE— Par. Page See Abutting Property Owners; Alleys; Assess­ ments; Condemnation of Property; Owners of Property; Paving. FRUITS, VEGETABLES, ETC.— Removal on condemnation 9387 4468 FULTON AVENUE— Cost of repairs to paving of trackage space 9078 4324 Ordinances authorizing railway tracks on 9078 4324 FUMIGATION— See Health. FUNDING BONDS— See United Railways & Electric Co. FUNDS— See City Engineer; Contractors; Contracts; Municipal Buildings; Nuisances; Schools; Stocks, Loans and Finance; United Rwys. & Elect. Co. For demolition of buildings. See Buildings. From Intestates' Estates. See Schools. Reserved under contracts as guarantees. See Con­ tractors; Contracts. FURNITURE— Sec City Surveyor. GAMBRILL, THE C. A. MFNG. CO.— Railroad siding into premises of 6026 2664 GANS BILL— See National Banks; State Tax Commissioner; Stocks, Loans and Finance; Taxation of Property. Act 1908, Ch. 124; exemption of City stock held by certain corporations construed and held valid..... 6313 2713 Held to apply to National Banks 6116 2714 6461 2905 - To what corporations not to apply 7033 3221 GARBAGE CARTS— See Next Title. GARBAGE, HOUSE OFFAL AND REFUSE— See Commissioner of Street Cleaning; Con­ tracts; Health; Nuisances; Permits; Pri­ vate Streets and Alleys. City may determine and prescribe:—Delivery of all or any part to agents of disposal company; methods of disposal; points of delivery; place of disposition, and receptacles for transportation.. 7594 3518 JULY 1, 1903—JANUARY 1, 1911

GARBAGE, HOUSE OFFAL AND REFUSE—Continued: Contracts for Disposal of— Par. Page Baltimore Sanitary Contracting Co.— Contract construed 485 206 *. 811 325 1072 421 1105 • 433 •. 2623 1051 3682 1532 7594 3518 Delivery points 2623 1051 Dead animals; provisions for removal of 595 249 Delivery points 2623 1051 Legal status of 485 206 With Southern Produce Co. construed 7594 3518 Conveyance through City 1072 421 2625 1051 Permit required 1072 421 Powers of Commissioner of Health 2625 1051 Delivery Points for— Requirements for sea food and game dealers.... 2619 1049 2623 1051 Dumps. See Nuisances. Not td be used during summer months 2619 1049 Removal of. See Contracts. Dead animals 594 249 From places inaccessible by carts 3350 1379 Householder to place conveniently for 3348 1378 Ordinance providing for declared valid 811 325 Soapfat, rags and bones; conveyance through City 1072 421 What terms include 1074 421 Vegetable refuse from commission houses 8818 4183

GARRISON AVENUE— Obligation of railway company to pave trackage space 6318 2824 6321 2825 6322 2826 6332 2832 Ordinances relating to railway tracks on; effect Act 1904, Ch. 274 ; 6318 2824 6325 2827

GAS AND ELECTRIC COMPANY— See Consolidated Gas Electric Light and Power Co.; Gas Mains and Pipes; Inspections; Lamps and Lighting; New Sewerage System; Nuisances; Owners of Property; Private Streets and Alleys; Streets, Highways, etc. 140 OPINIONS OF THE CITY SOLICITOR

Far. Page GAS AND ELECTRIC COMPANY—Continued: Abatements for interrupted service 2308 911 Acquires ownership of conduit lease of U. E. Lt. & Power Co * 2310 913 Agreement with City in re City gas lamps con­ strued 6864 3125 Charge-for removing lamps and connections.... 6864 3125 Change of street grade; injury to equipment of.... 6962 3189 Conflict with street railway company as to street rights; trolley pole in way of main 6234 2779 Contract of City with— Gas lighting contract construed 2143 843 3080 1245 4693 1997 9642 4597 Cost of disconnecting discontinued street lamps 3080 1245 Disputed claims against for changes in system of, to accommodate New Sewerage System 9638 4596 Jones',Falls; cannot construct gas mains over.... 77 28 Leadenhall St.; sewer of; status of 1758 676 Liable for settling of railway tracks; defective back-filling of trench 8292 3890 Main in Uhler's Alley sewer 2181 859V2 Must furnish gas to applicants 3604 1493 Poles in Wyman Park; agreement relating to 6627 2995 Service pipes for street lamps; cost of removal... 5411 2340 Sewage of, not to discharge into harbor 1760 676 Sidewalks; right to lay mains under 708 , 289 Supply pipes for City gas in private streets 4694 1998 Taxation of its property in Annex 267 105

«AS LAMPS— See Gas and Electric Co.; Gas Mains and Pipes; Lamps and Lighting; Poles and Wires.

GAS MAINS AND PIPES— See Gas and Electric Co.; Grades and Grading of Streets; Jones' Falls; Lamps and Light­ ing; New Sewerage • System; Park Board; Sidewalks and Footways; Contracts. Alterations; gas company to bear expense of 2141 843 Inspection fees in laying of 301 126 New Sewerage System— In path of; abandoned pipes 5175 2220 Obstruction of by; removal of; cost 4326 1824 Permit to lay in Reisterstown Turnpike 9114 4343 JULY 1, 1903—JANUARY 1, 1911

Par. Page GAS MAINS AND PIPES—Continued: Private streets; must be laid in before paving of. . 4694 1998 Relocation of; on order of Supt. of Lamps and Lighting; cost 2142 844 Removal of water pipes incidental to removal of mains; liability of gas company for cost of 6670 3016 Right of City to compel laying of to accommodate citizens; rights of property owners 3603 1493 7951 3690 Sewers; gas mains in; status; powers of City.... 2181 859% GAS METERS— See two next preceding headings. Discontinued; reinspection and restamping of.... 74 26 In vacant houses, reinspection and restamping of.. 2571 1027 2575 1028 Inspection, testing and sealing of new and repaired gas meters 65 22 GASOLINE— See Dangerous Articles; Nuisances; Oils; Per­ mits. GASOLINE TANKS— See Permits. GATES AT RAILWAY CROSSINGS— See Safety Gates. GASOMETERS AND GAS MAINS— See Gas Meters. Status under claim for exemption from taxation.. 789 318. "GAUNTLET"TRACK— See Street Railways. WHARF— Dock at foot of; tenancy of Martin Wagner Co.... 1765 679 GENERAL FUNDS OF CITY— See Stocks, Loans and Finance. GENERAL LEVY— See Stocks, Loans and Finance; Taxation of Property. GENERAL ORDINANCES— See Ordinances. GENERAL PENALTY CLAUSES— See Contracts; Fines, Penalties and Costs. GERMAN NEWSPAPERS— See Advertisements; Annex; Condemnation of Property; Contracts; Grades and Grading of Streets; Notice; Ordinances; Paving. 142 OPINIONS OF THE CITY SOLICITOR

GERMAN NEWSPAPERS—Continued: Par. Page Advertisement— Of bids in 4887 2096 Of paving contracts '. 4893 2098 Of public notices 4295 1809 Notices Published in— Condemnations under Annex Improvement Act.. 4896 2100 Legality of, in establishment of street grades... . 5257 2258 Passage of Ordinance to pave at expense of abutters; held insufficient 5318 2289 Publications in re Annex Improvements held valid 5444 2360 GIFTS— Of public money in support of purely private insti­ tutions unlawful 4495 1904 GILBERT & BOYLE'S PRIVATE SEWER— Connection with New Sewerage System.. 5897 2597 GLLMOR STREET— Conversion of bed to park purposes 4628 1963 GIRDER RAILS— See Street Railways. GNEISS ROCK— See Kerbing. GOLDEN, ELLSWORTH— See Removed Cases. GORSUCH AVENUE— Obligation of railway company to pave trackage space 6317 2823 • 6320 2825 ' 6312 2826 6333 2832 Ordinances relating to railway tracks on 6317 2823 Ordinances and Act 1904, Ch. 274, relating to pav­ ing of track space 6325 2827 fGOVERNMENTAL FUNCTIONS— Injury to private property by acts of City's officers and agents in exercise of ".. 8532 4032 (GRADE CROSSINGS— Of streets at B. & O. R. R 2223 877 Ordinances Relating to— B. & O. R. R. must pay cost of drainage at approaches 9423 4488 Cost of re-establishing grade of Eutaw St '.. 9564 4560 Discussed and construed 8098 3774 9265 4411 Powers of City to regulate and require safety precautions 2223 877 Safety gates required by Charter 2387 946 JULY 1, 1903—JANUARY 1, 1911 143

Par. Page GRADE ORDINANCES— See Streets, Highways, etc.

GRADES AND GRADING OF STREETS— See Alleys; Annex; Annex Improvement Com­ mission; Appeals; Benefits; Burnt District; City Engineer; City Surveyor; Commissioner for Opening Streets; Contractors; Contracts; Docks, Wharves and Piers; Draining; Ger­ man Newspapers; Notice; Nuisances; Open­ ing, etc., (Streets, etc.; Owners of Property; Paving; Permits; Plats; Private Streets and Alleys; Sewers and Drains; Sidewalks and Footways; Street Railways; Streets, High­ ways, etc.; Turnpikes; United Railways & Electric Co. Acts and Ordinances relating to 8481 4003 Burnt District; Ordinance relating to 8482 4004 Changes of Grades— Abutting Owners— Compensation for consequential injuries by statute valid 6565 2964 But invalid if by Ordinance 1240 480 Damages; City liable in trespass for 1863 730 Loss or injury from change in 6962 3189 Notice to 1929 757 Rights of 7372 3410 Benefits and Damages— Payment of Baltimore Street award out of W. • M. R. R. Fund; construction of Ordinance... 6269 2800 Cases in which authorized 7369 3409 City Engineer— Authority in 7369 3409 His repair fund not chargeable with 5358 2307 City Surveyor; services in Burnt District; Code (1906), provisions construed 4194 1764 Cost of— Adjusting gas mains and connections 6962 3189 Adjusting railway structures 7457 3452 By whom payable 7372 3410 May be paid out of emergency fund 5359 2307 Of changing improper grades 5359 2307 Cross streets rendered dangerous by 7413 3430 144 OPINIONS OF THE CITY SOLICITOR

Par. Page GRADES AND GRADING OF STREETS—Continued: Changes of Grades— Impliedly necessary to effectuate provisions of special Ordinance 9262 4311 Powers of City to make; scope thereof 202i 75 7467 3455 Proper method to secure change of 5359 2307 Railroads and Street Railways— Adjustment of tracks to 1787 687 • 4451 1884' ' 4789 2046 Authority of City to compel raising of bridge to conform to 7457 3452 Cost of bringing tracks to new grade 4451 1884 For convenience of laying tracks 7370 3410 Made without authority by; procedure for res­ toration 1850 724 Obligation of railway company to bring street bed and tracks to grade 4451 1884 Obligation of street railway company as to re­ moval of paving 6496 2928 Required to give sufficient clearance for rail­ road traffic on Eutaw Street 9262 4311 Sblely to effectuate safe crossing of tracks 7366 3408 Establishment of Grades— Application of citizens for 6975 3195 Annex; establishments in 6975 3195 City Surveyor's powers in 3150 1279 General system should be prepared; approval by Ordinance • 6991 3198 By City itself 6975 3195 By City Surveyor— Authority, powers and duties 1451 555 2903 1177 3405 1401 3514 1446 3984 1664 6975 3195 Compensation for 1088 427 2846 1152 4197 1765 His decision therein final 2900 1176 3984 1664 4293 1808 Must prepare profile 2677 1074 , 4197 1765 JULY 1, 1903—JANUARY 1, 1911 145

Par. Page GRADES AND GRADING OF STREETS—Continued: Establishment of Grades— By City Surveyor— Plat charges 4197 1765 Required to be made by him 1088 427 2677 1074

City Engineer— Discretionary powers of 8304 3896 Jurisdiction and powers in 1451 553 3405 1401 Powers in taking levels in 767 312 Consequential damage to abutting property 8304 3896 Erroneous, rectification of 2901 1176 Eutaw Street at Hamburg Street; cost of 9564 4560 Grade Lines— Relocation of conduits in Burnt District; cost of 1731 663 Specifications of contracts; errors in not to prejudice contractor 2910 1180 Windsor Avenue and Eighth Street 3976 1661 Laws; Ordinances and Opinions Relating to— Opinions of department reviewed 6975 3195 Law reviewed 4283 1804 Resume of laws and ordinances relating to.... 6975 3195 Statute, law relating to 5257 2258

Notices in— Burnt District establishments 1455 550 Procedure and notice 2678 1075 Publication of 1920 753 To abutting owners 1930 757

Ordinances— - , Cannot be established by 6975 3195 Proposed ordinance relating to 4283 1804 Outside of Annex 6975 3195

Private Streets— Not compulsory for owners to adopt for 5273 2264 Proper legal procedure defined 2678 1075 6975 3195 Proper Officer to Make 767 312 3405 1401 6975 3195 Levels of 767 312 14& OPINIONS OF THE CITY SOLICITOR

Par. Page GRADES AND GRADING OF STREETS—Continued: Establishment of Grades— Topographical Survey Commission— City Surveyor's attitude toward those made by 3195 1270 Legality of those made in Annex by, approved. 3124 1269 Powers relating to 3512 1446 3983 1664 Grading of Streets— By Abutting Owners— At expense of; when 910 359 Crediting his assessment for such work when ungraded street is brought to grade 5834 2562 Bringing to New Grade Physically— Cost of; when payable by City 4455 1886 Cost of removing railway tracks; principle applicable 6668 3014 Expense; removal of railway tracks tempo­ rarily : 6668 3014 Railroad Companies; obligation to adjust their structures to changes in grade 7457 3452 City Engineer— Has sole control of 6754 3059 May use repair fund for in emergencies 4675 1988 Cost may include drainage expense. 3544 1461 Nuisance in Private Alley; change of grade not lawful unless necessary to abate.. 9036 4302 Ordinances providing for compensation to abut­ ting owners under, held ultra vires 1240 480 Railway Companies; not an obligation of, unless a condition of franchise grant 6346 2838 Sidewalks and Footways— Abutter must grade and pave on macadamized street 9331 4443 Property owners bear cost of 9701 4628 Raising of, to prevent overflow of Jones' Falls; cost of raising sidewalks 8704 4131 Where houses are below grade 7539 3492 Grading and Paving of Streets— Assessments for Cost of— Commencement of work before collection of, lawful ' 3358 1383 Correction of erroneous 413 180 JULY 1, 1903—JANUARY 1, 1911 147

GRADES AND GRADING OF STREETS—Continued: Grading and Paving of Streets— Par. Page Assessments of Costs of— No partial payments where levied as an en­ tirety 8106 3779' Procedure outlined 413 180 Reassessment where original asssessment was inadequate, unlawful 413 180 City Engineer may use repair fund in emergency 4675 1988 Cost of; inadequate assessments; use' of contin­ gent fund 4'l3 180 Includes necessary and incidental work, e. g., construction of drain 3553 1467 Private Alleys; duty of property owners 4765 2033 Sidewalks in Annex 5902 2599- Unauthorized; by private individuals 6881 3135

GRADING, PAVING, CURBING, ETC, STREETS— See Grades and Grading of Streets; Paving. Resume of powers of City relating thereto 202 75'

GRAND JURIES— Serving luncheon to, at City Jail held unlawful. ... 762 309 GRANITE— See Kerbing. Distinguished from gneiss 2921 1186

GRANITE CUTTERS— In re cutting stone for City contract work outside City limits 7584 3510

GRANTS OR FRANCHISES— See Franchises and Grants; Minor Privileges and Franchises. GRASS AND WEEDS—, See Gutters; Municipal Buildings.

GRASS PLOTS— At triangular intersection of certain streets; en­ abling ordinance to construct necessary 7073 3245

GREEN SPRING AVENUE ROAD— See Park Board. Agreement under which acquired by City 8536 4035 Franchise to lay water main in; jurisdiction of Board of Estimates 6361 2849 . .' 7437 3443 Jurisdiction of Park Board over 7435 3443 Legal status of, as a public highway 6361 2849 '.'. 8536 4035. 148 OPINIONS OF THE CITY SOLICITOE

Par. Page GREEN SPRING AVE. ROAD—Continued: Lighting of, by City 8552 4044 Obligation of Park Board to maintain and repair.. 8536 4035 •. 8544 4039 , 8547 4040 GROCERS— Uses of public highways by, enumerated 3251 1333 GROSS RECEIPTS TAX— See Franchises and Grants; Mr. Teleph. & Tele­ graph Co.; Park Tax; Taxation of Property. GROUND DRAINAGE— See Drainage; Nuisances. GROUND RENTS— See Condemnation of Property; City Stock, sub-title Sinking Funds. GUARANTY DEPOSITS— Transfer of City stock held by Insurance Com­ missioner in trust as 5603 2436 GUARANTEES— See Contractors; Contracts; Paving. GUARDIANS— See Taxation of Property. GUILFORD AVENUE— Railroad crossing under; authority for 2462 979 GUNPOWDER— See Dangerous Articles; Permits. GUTTER PLATES— See Gutters. GUTTERS— See Ice and Snow; Markets; Nuisances. Around markets; whose duty to clean 906 357 Annex; obstruction in; abatement of nuisance.... 1825 710 Gutter Plates— Obligation of City to provide, maintain and clean 3032 1225 Obligation of street railway companies to repair and clean 3032 1225 Obstruction of— By property owner; remedy.. .' 5891 2593 Grass and weeds; removal of; duty of owners; remedy 1793 690 1825 710 6338 2834 Ordinance requiring householder to clean, valid 820 329 Property owner must clean 6338 2834 Property owner must remove ice and snow 820 329 JULY 1, 1903—JANUARY 1, 1911

GUT POLES— Par. Page See Licenses; Poles and Wires. GWTNN'S FALLS— See Bridges; Drainage. HALL PROFESSOR— See Polytechnic Institute. HALLS OVER MARKETS— See Markets. HAMBURG STREET— Narrowing sidewalk on n. s. of 9811 4692 HAMPDEN RESERVOIR— See Reservoirs. HAMPDEN RESERVOIR PARK— See Park Board. Lighting of , 2577 • 1029 Use' of, by Playground Association 7271 3355 HAND ORGAN— See Street Organs and Pianos. HANOVER STREET— • Alley encroachment at No. 521...' 2139 842 Agreement with Md. Telep. & Teleg. Co. as to duct space in 8898 4232 Building line between Baltimore and Lombard 1951 768 HARBOR— See Costs; Fines, Penalties and Costs; Har­ bor Board; Harbor Engineer; Harbor Mas­ ter. Dredging of; liability of City for injury to wharf and bulkhead property 6133 2727 Old arid unused piers; removal of 9267 4412 Piles illegally driven in 3638 1509 HARBOR BOARD— See Block Street Drawbridge; Bridges; Bulk­ heads; Burnt District; Docks, Wharves and Piers; Employees; Harbor; Harbor Engi­ neer; Permits; Sewers and Drains. Acting head of, during absence of Harbor Engineer 5186 2226 Bulkheads, repairs to 4671 1984 Private, repairs to 7759 3592 Employees of; compensation 5629 2450 Removal of subordinate employee 5654 2464 Insurance of City boats by 5676 2475 Members cannot be interested in City contracts... 5905 2602 Members not exempt from jury duty 5295 2276 Not interested in dispute between private parties as to riparian rights 7297 3371 Sewers discharging into harbor; must approve... 1759 676 150 OPINIONS OF THE CITY SOLICITOR

HARBOR ENGINEER— Par. Page See Harbor Board. Authentication of vouchers during vacancy in office of 4691 1996 May fix compensation of Harbor Board employees 5629 2450 Performance of his duties during absence 5186 2226 HARBOR IMPROVEMENT (1910) ACT— Construed as' to assessment of benefits 9233 4396 Purchase of property at private sale under 9713 4634 HARBOR MASTERS— See City Register. Account Books for— To be furnished by City Register 197 72 To be returned to City Register by retiring Harbor Master 197 72 Collector of wharfage and wharf rents 1711 655 HARIG, WILLIAM F^- Right of City Council to remove him from office.... 6075 2689 HARLEM AYENUE— Conversion of bed of, to park use's 4622 1961 HARLEM PARK— Conversion of street beds binding on into parking.. 4624 1962 HARRISON STREET— Grade changes; notice of; not required 1929 757 Raising grades of street and sidewalks of 8708 4132 HAWKERS— See Peddlers. Canvassers from house to house classed as...... 1138 445 License required for sales from wagon 9461 4507 Local and general laws and ordinances relating to 6264 2798 HAY— Furnished City departments; inspection of; cost.... 9709 4631 HEADS OF DEPARTMENTS— See Municipal Boards; Municipal Officials; Office Hours. HEALTH— See Alleys; Fumigation; Garbage, House Of­ fal and Refuse; Hospitals; Inspections; In­ spectors; Nuisances; Paving; Permits; Plumbers and Plumbing; Private Streets and Alleys; Pumps;-Sewers and Drains; Schools; Tuberculosis; "Wells and Springs. Births, right of public to inspect records of 1350 521 • JULY 1, 1903—JANUARY 1, 1911 151

Par. Page HEALTH—Continued: City Water Department; right of inspectors to forcibly enter and inspect premises suspected of polluting water supply 8035 3731

Commissioner of Health- Authority of, over vaccine physicians 1560 597 Authority to commit patients with communica­ ble disease to Bay View Asylum for isolation. 8773 4163 Authority to remove filthy, bedridden lodger to hospital 9408 4480 Drains within houses to be inspected by 1541 590 Duties and powers as to tenement and apart­ ment houses distinguished from those of In­ spector of Buildings 6584 2972 Fruits, vegetables, etc.; removal on condemna­ tion by 9387 4468 Morgue; control of and repairs to 8528 4029 8529 4030 Must approve house sewerage connections 9385 4465 Subordinates of; appointment of 5636 2454 Work -done by City Engineer on orders from; assessments 4403 1861

Communicable Diseases— Isolation at Bay View Asylum of indigent pa­ tients suffering with 8773 4163 Cows in City, restrictions applying to 2146 846 Dairys, restrictions applying to 2146 846 Death Certificates, proper party to furnish 5500 2387 When furnished by Commissioner of Health.... 5506 2388

Fumigation of— Infected premises 4253 1791 4413 1866 .' 9408 4480 Filthy quarters of the sick 9408 4480 Proper officer to do work 4413 1866 Vacated by consumptives 4253 1791 Garbage; duties of Health Department 488 207 Infectious and Contagious Diseases— Act relating to, cited 3828 1595 Failure of attending physician to report cases.. 6003 2654 Failure of Garrett Hospital to report rejection of applicant for treatment for; Code 1906, Art. 14, Sec. 16, construed 8597 4071 Forcible entry of suspected premises; duty and powers of Commissioner of Health 7995 3711 152 OPINIONS OF THE CITY 'SOLICITOR

HEALTH—Continued: Par. Page Infectious and Contagious Diseases— Penalty for failure to report; regulations to pre­ vent spread of 8597 4071 Suspected premises; procedure of Commissioner of Health 7995 3711 Transportation on Broadway and Locust Point Perry of persons in ambulance with 7547 3497 Milk—Adulterated— Ordinances and laws prohibiting sale 6389 2863 Sale misdemeanor, even as to milk brought with­ in City 6389 2863 Shipped from counties; prohibiting sale of; no­ tice to offender 8658 4105 Test case under Pure Pood Law (Act 1910, ch. 459) 6272 2801 Well Water; condemnation of 8102 3776 HEALTH DEPARTMENT— See Health; Permits. HEALTH OFFICERS— See Health; Inspections; Nuisances. HEARINGS— See Magistrates; Municipal Officials. HEATING— See Schools. HEIGHT— Of Billboards and Signs.' See Signs. Of Buildings. See Buildings. HIGH SERVICE RESERVOIR— See Reservoirs. HIGH PRESSURE PIPE LINE— Contract for. See Fire Department. Deposit of bidder to secure specifications for 9842 4710 Pumping Engines for; contractor's claim for stor­ age, interest and insurance premiums allowed... 9371 4458 HIGH STREET— Obstruction at corner of, and Low Street 4709 2005 HIGHWAYS AND STREETS— See Condemnation of Property; Streets, High­ ways, etc.; Trees. HIRING STABLES— See Stables. HISS CASE—ANNEX TAXES— Delinquent Taxpayers; penalties and interest in absence of tender 6068 2685 JULY 1, 1903—JANUARY 1, 1911

HITCHING POSTS— Par. Page See Semmes Act; Permits. Existing posts may be reconstructed 3545 1462 Restoration of; effect of Semmes Act 2958 1197 Status under Semmes Law 3545 1462 HITCHING RINGS— See Permits. HOGS AND HOG-PENS— See Permits. HOISTING ENGINES— Ordinance 217, 1905, not to apply to 3236 1325 MOLDING OFFICE— See Constables; Municipal Officials. Under City government; construction of Charter provisions relating to 1134 444 HOLDING OVER— See Constables. HOLIDAYS— See Legal Holidays. HOLLINS STREET— Water motor waste water in 1803 697 "HOMEWOOD"— See Taxation of Property. HOPKINS PARK COMMISSION— Term of existence 356 153 HOPKINS PLACE— Triangular lot at Baltimore Street site for public comfort station ; 4447 1882 HORWITZ BENEVOLENT FUND— Purposes and application of 8632 4090 HOSPITALS— See Buildings; Permits; Water. City patients at; duration of treatment 5650 2462 Children's Country Hospital School 9854 4715 Definition of, within meaning of Sec. 4, Art. 16, Code (1906) 6563 2962 Establishment of; legal prerequisites 6562 2962 9437 4494 For cure of drink habit , 9437 4494 Private hospitals .' 6562 2962 Infectious and Contagious Diseases; duty of au­ thorities to report cases to Health Department. . 8597 4071 Infectious Diseases Hospital Commission; term of office 356 153 Permits for required 9750 4654 Penalty for failure to obtain 9437 4494 Sydenham Hospital; case of chicken-pox sent to by Garrett Hospital.. 8597 4071 154 OPINIONS OF THE CITY SOLICITOR

HOURS OF LABOE— Par. Page See Eight Hour Law; Labor; Laborers. Commissioner of Street Cleaning may fix in his department 3988 1666 Of City Officials;' Mayor's power to fix 1667 642 HOUSE BILLS— See Contracts. HOUSE CONNECTIONS— See Minor Privileges and Franchises; Munici­ pal Subways and Conduits; New Sewerage System; Permits. Electric service; underground; permits required. . 5239 2250 From C. & P. Tel. Co.'s conduits 459 197 To New Sewerage System— Abutters permitted to lay joint connecting sewer in alley '. 9385 4465 Buildings with frontage on two streets; choice of connection allowed 9385 4465 Not covered by extra work clause in contract... 5849, 2572 Plan for in special cases approved 3582 1483 6827 3105 Principles governing the laying of drains in the rear or front of lots served 9315 4437 Where lot fronts on more than one street or alley 9324 4440 HOUSE OF DELEGATES BILL (1906) No. 21— Construed 3266 1339 HOUSE DRAINAGE— See Drainage; Health; House Connections; New Sewerage System; Nuisances. HOUSE DRAINS— See Health; House Connections. HOUSEHOLDERS— See Ashes; Garbage, House Offal and Refuse; Ice and Snow. Definition of term 5667 2470 Notice to connect up with new sanitary sewers.. .. 7394 3420 HOUSES— See Buildings. Numbering of. See Numbers of Houses. Projecting over building line. See Building Lines. HOUSE OFFAL AND REFUSE— See Garbage, House Offal and Refuse. HOUSES OF REFUGE AND REFORMATION— Female House of Refuge— Contracts 'for care of inmates 3711 JULY 1, 1903—JANUARY 1, 1911

Par. Page HOUSES OF REFUGE AND REFORMATION—Cont'd: House of Refuge— Appropriation for manual training may be ap­ plied to teaching agriculture 2468 982 HOWARD STREET— Lee Street Bridge of B. & O. R. R. Co-; extension of, approved 1860 728 Paving settlement over B. & O. Tunnel 655 269 HUNTINGDON AVENUE— Conduit over tunnel of B. & 0. R. R. at 8167 3818 ICE BOATS— Harbor Board may insure 5676 2475 ICE AND SNOW— See Gutters; Sidewalks and Footways. Removal of from— City plazas and squares 5376 2316 Gutters, by householders 820 329 Railway tracks; obligation of company 856 340 Sidewalks and footways adjacent to parks and squares; funds for 7069 3243 9816 4694 Sunday work permissible in removing 711 290 ILLUMINATING APPARATUS— For "Moose" celebration; use of electric current " from private plant 9311 4435 ILLUMINATING OILS AND FLUIDS— x See Oils. IMPLIED POWERS— - See Powers of City. IMPROVED— Pavements. See Burnt District; Paving. Sidewalks. See Burnt District; Sidewalks and Footways. IMPROVEMENTS— See Alleys; Annex Improvement Commission; Appropriations; City Jail; Docks, Wharves and Piers; Public Improvements; Schools; Taxation of Property.' Pier, Lessees'; insurance of 7911 3671 INCIDENTAL GRANT— See Street Railways. INCIDENTAL WORK— See Grades and Grading of Streets. Part of costs of principal work 3553 1467 156 OPINIONS OF THE CITY SOLICITOR

INCOME BONDS— Par. Page See Assessments; United Rwys. & Electric Co. INDEMNITY BONDS— See Bonds. INDENTURES— See Children. INDEPENDENT CONTRACTORS— See Contractors. INDICTMENTS— For violations of building permits 5223 223ft INDIGENT POOR— See Contracts; Supervisors of City Charities. INFECTED PREMISES— See Health. INFECTIOUS OR CONTAGIOUS DISEASES— See Health. INFLAMMABLE OR COMBUSTIBLE MATERIALS— See Dangerous Articles; Oils. INFRINGEMENT OF PATENTS— See New Sewarge System; Patents; Sewers and Drains. INJUNCTIONS— Proceedings. See Sewers and Drains. City's power to maintain 8635 4092: Effect on renewal of permit for work enjoined... 2593 1037 To prevent grading of private alley. 8082 3764 To prevent injury to City property 7976 3702, To restrain payment of public moneys in aid of private institutions 4498 1905 INLETS— See Sewers and Drains. INMATES OF CITY JAIL— See City Jail. INQUISITIONS, LUNACY— See City Jail. INSANE— See City Jail; Married Women. Asylums; permit required for 9750 4654 Married Women; admission and treatment at Spring Grove Hospital as City patients upon removal of husband to Baltimore, lawful 5297 2277 Patients— Commitment as City patients unlawful if private means or support are available. 3062 1238 JULY 1, 1903—JANUARY 1, 1911

Par. Page INSANE—Continued: Patients— Controversy over Act 1910, reducing per capita charge to City for care of 9822 4698 Revocation of pauper commitment upon proof of means of support 3064 1238 Prisoners— Cost of inquisition; by whom payable 3536 1455 Removal to asylums; proper procedure outlined 3522 1450 3533 1455 3537 1456 Supervisors of City Charities; duties and powers of 200 469

INSPECTIONS— See Blasting; Gas and,Electric Company; Gas Meters; Health; Inspectors; Meters; Nui­ sances; Poles and Wires; Public Service Corporations; Weights and Measures; Water. Cans manufactured for sale 6950 3182 Charges by City Engineer in paving track space.. 9080 4325 Inspection Laws— Do not constitute regulations of commerce 2974 1203 Obligation of Railway Company to pay— Cost of inspection of its street work 7258 3347 8814 4180 Cost of readjusting railway tracks 7568 3504 Of electrical apparatus and equipment on private property 3774 1568 Of feed furnished under contract; cost of inspec­ tion 9709 4631 Of measures not in use but for sale; charges 6950 3182 Oyster measures '. 2973 1203 Vessels in harbor; weights and measures on 2012 793

INSPECTOR OF BUILDINGS— See Appeals; Bonds; Buildings; Cellars; Elec­ trical Work; Employees; Nuisances; Own­ ers of Property; Permits; Vaults and Areas. Appeal from decision of; is relieved of responsi­ bility by findings of Appeal Board 6929 3168 Authority over moving picture places 7559 3502 Borings to determine proper depth of foundations; responsibility for cost of. 8230 3849 8239 3855 Building construction on private property; his powers 2035 801 158 OPINIONS OF THE CITY SOIICITOK

Par. Page INSPECTOR OF BUILDINGS—Continued: Buildings used for storage of dangerous mate­ rials; making safe 3672 1527 Chimneys; powers relating to 429 185 Controversy with Sewerage Commission in re foundations of Sewerage Pumping Station 6902 3149' 6906 3151 6915 3157 6917 3159 6925 3166 6930 3168. Dangerous buildings; ejectment of tenants in 2924 1188 Employees of, not to bond; proviso 3317 1364 3324 1366. Perry houses; repairs to, under his jurisdiction... 4671 1985 Jurisdiction over buildings constructed by Sew­ erage Commission .. 9190 4375 Must approve electrical construction 4699 2000' No authority to construct municipal buildings (e. g., Polytechnic Institute) by day labor 9135 4352, Powers and Jurisdiction Denned as to— Buildings in Annex 290 120 City buildings and municipal construction 5045 2162, 6906 3151 General powers 5482 2378 Municipal building construction 9135 4352; 9141 4354 Repairs to new Court House 1109 435 Revocation of Permits. See Permits. Salaries in department of; increases 4299 1811. School buildings; repairs to 2296 907 , 5872 2584 Substitution of materials after award of con­ tract 7842 3.632 - 7886 3660' Tenement and apartment houses; distinguished ' from those of Commissioner of Health 6584 2972, , Work of Sewerage Commission 5482 2378

INSPECTORS— See Blasting; Hours of Labor; Inspector of Buildings; Inspections; Poles and Wires; Water. Fee's of— Charge to railway company therefor 301 126 7258 3347 JULY 1, 1903—JANUAKY 1, 1911 159

Par. Page INSPECTORS—Continued: Fees of— For work done under supervision of City Engi­ neer by railway company 301 126 7258 3347 Belaying of railway tracks after work of New Sewerage System 6855 3120 7258 3347 Of fire pipe line work; salaries of 8525 4027 Of Plumbers; supervision of plumbing work 4094 1716 Status under Eight-Hour Law 5937 2618 Weights and Measures— Charges for inspecting and stamping measures.. 6951 3182 Ordinance appropriating lump sum as compen­ sation for, held invalid 5020 2152

INSURANCE— See Buildings; City Property; Contractors; Docks, Wharves and Piers; Harbor Board; Interest; Polytechnic Institute. Companies; payment of interest on City stock of, held by State Treasurer 6970 3193 Comptroller proper official to receive' insurance on House of Refuge property 6768 3056 Contractor's duty relating to 9537 4547 On City Property; to whom payable in event of loss 6748 3056 Premiums. See Contractors.

INSURANCE COMMISSIONER— See Stocks, Loans and Finance.

INTER-DEPARTMENTAL ADJUSTMENTS— Bill of Water Department for repairs acct. Com­ missioners for Opening Streets 9244 4401 Lowering of water main to accommodate construc­ tion of Harbor Board 8493 4010 Rule for settlement of claims between departments 9244 4401 Division of cost of sewer between Sewerage Com­ mission and Commissioners for Opening Streets; reimbursement of one department out of subse­ quent appropriations of another 8114 3784 For work done by one City department occasioned by another. . .• 6371 2856 160 OPINIONS OF THE CITY SOLICITOE

INTEREST— Par. Page See Annex; Contractors; Contracts; Insur­ ance; Park Tax; Stocks, Loans and Finance; Taxation of Property. On Burnt District Assessments; adjustment of.... 4492 1902 Proper payee as to City stock deposited with State Treasurer 6970 3193 "When chargeable on Annex taxes under Act 1908, Ch. 167 8585 4064 When payable on funds retained under paving con­ tracts 8829 4189 INTERPRETATION— Of Contracts- See Contracts. Of Laws. See Justices of the Peace. INTERSECTION OF STREETS— See Paving; Private 'Streets and Alleys. INTERSTATE COMMERCE LAW— See Weights and Measures. INTESTATE'S ESTATES— Funds from. See Schools. INVALID ORDINANCES— See Ordinances. INVESTIGATIONS— See Appropriations; Municipal Officials. By City Council; powers of 9161 4362 ITEMS— See Appropriations. JAIL— See City Jail. JAIL BOARD— See City Jail. JANITORS AND JANITRESSES— See Minors. Of Park buildings; status under 8-hour law. 9122 4347 JEFFERSON STREET— Establishment of grades of and macadamizing same 2681 1075 JENKINS' LANE— Overflow of box drain in 6035 2670 JENKINS' RUN SEWER— Alley over; retaining wall for 1863 730 JOE STING v. M. & C. C. OF BALTIMORE— Points settled by decision 246 96 JOHNS HOPKINS UNIVERSITY— See Taxation of Property. JULY 1, 1903—JANUARY 1, 1911 161

JONES' FALLS— Par. Page See Gas and Electric Co.; Owners of Prop­ erty; Sewers and Drains. Bed of, title to 175 63 1906 747 Bridge over at Pratt St.; use of alleged patented construction. 9270 4414 Early history of 9776 4670 Franchise rights of W. M. T. R. R. Co.; status of; legislative history 9655 4605 Gas main structures over unauthorized 76 27 Is a City sewer 2758 1113 Report on title to bed of 180 64 Retaining Walls of— Agreement with Valentine Winters 4537 1922 Repairs to, hy abutting owners 1906 747 Right of N. C. Ry. Co. to erect 169 62 Rise of bed of; duty of City to maintain at proper level for drainage 2758 1113 Title to or ownership of; how determined 169 62 Storm water intercepter; disposition of sanitary drainage between it and the falls 7918 3675 Water rights in reserved 183 65 JOURNEYMEN PLUMBERS— See Plumbers and Plumbing. JUDGMENTS— See Executions; Justices of the Peace; Tax­ ation of Property. For Taxes. See City Collector. For Unpaid Taxes— Should be recorded; cost of 2018 795 On personal property; executions on 1000 394 Execution at risk of City Collector 1000 394 JUDICIAL FUNCTIONS— See Municipal Boards. JUNK— Obstruction of street by; removal of 2551 1019 2562 1023 JURISDICTION— See Board of Awards; Taxation of Property. JURY DUTY— See Harbor Board. JUSTICES OF THE PEACE— See Magistrates. Costs of certified copies of judgments 2786 1124 Should not try City cases involving interpreta­ tions of statutes and ordinances 5172 2218 11 162 OPINIONS OF THE CITY SOLICITOR

Par. Page KEEPERS— See Parks and Squares; Stables. KENNELLY'S PATIENT CATCH BASIN STONES— See Patents. KENWOOD AVENUE— Grading of 5692 2486 KERBING— See Alleys; Contracts; Docks, Wharves and Piers; Driveways; Lamps and Lighting; Paving; Streets, Highways, etc. Alleged erroneous location on Pier 2 7156 3289 Alley; property owners, not tenants, must assent in writing 4685 1993 Cutting of, by contractor in setting head-slabs in inlets; construction of contract 5364 2309 Definition of; meaning in Foutz Law 263 104 Granite and gneiss rock distinguished 2921 1186 Injury to by vehicle; recovery of cost of repairs from owner 8972 4269 Of former driveways; when mandatory by City.... 3817 1589 Parked spaces; cost of; repairs to by City En­ gineer 2764 1116 Powers of City Engineer in locating 9223 4392 Replaced in paving of streets belongs to City 6565 2964 Specifications for; power of City Engineer to sub­ stitute materials 2920 1186 KEY MONUMENT— Registered plumber unnecessary for plumbing work at 9273 4416 KEYSER STREET— Lamps on private street 5005 2147 KINDERGARTENS— Use of playground funds for 7236 3332 KITCHEN DRAINAGE— See Nuisances.

LABELS ON BREAD— Bakers may apply 1934 759 LABOR— See Annex Improvement Commission; Con­ tractors; Contracts; Day Labor; Eight Hour Law; Laborers; Wages. LABOR AND MATERIALS— See Contracts. JULY 1, 1903—JANUARY 1, 1911 163 Par. Page LABOBEBS— See Board of Estimates; Bridges; Contractors; Contracts; Day Labor; Eight Hour Law; Registered Voters; Reservoirs; Wages. Act 1910, regulating wages of, construed 8890 4227 8934 4250 Does not apply to employees of contractors 8890 4237 Board of Estimates cannot fix per diem of 4081 1713 City Engineer— City Council cannot fix pay of laborers under; his powers 2879 1167 Contractual powers of City relating to employ­ ment of 6189 2754 Eight Hour Law— Effect as to laborers on City work 5911 2606 Law is mandatory 7749 3448 Hours of; violation of eight hour law 3102 1256 Increase of pay for 3615 1498 Limiting employment of on City work to regist­ ered voters 4081 1711 Not municipal officers 150 52 On Public Works— Bill regulating employment of by contractors... 3266 1337 Pay for rainy days; Councils cannot provide 2879 1167 Resolution relating to pay of 3615 1498 Retention of wages for cement stolen by 7202 3314

LACHES— See Franchises and Grants. LAKE M03NTEBELLO— Dangerous driveway at Harford Ave. entrance.... 5860 2578 LAMPS AND LIGHTING— See Agreements; Awnings; Contracts; Gas and Electric Company; New Sewerage Sys­ tem. Contractor's bond; retention of 532 222 Contracts made by Superintendent of 498 209 Electric Lights; erection by private parties 3311 1361 Lamp Posts; failure of contractor to deliver 9177, 4370 Lighting of City Property— City piers; powers of City 8468 3996 Leased or assigned for exclusive use by individ­ uals or corporations 5368 2311 Of Pier 3 5368 2311 Streets; scope of City's authority 6677 3020 Lighting Systems; permits for '.. .. 4515 1912 164 OPINIONS OF THE CITY SOLICITOK

LAMPS AND LIGHTING—Continued: Par. Page Lighting with gasoline. See Oils. Permits for; outside Burnt District 8911 4239 Private Streets, lighting of— City cannot control 5049 2163 City has no power to light 5182 2225 City not required to provide lamps for 2162 852 Installation of lamps on unlawful 995 392 5005 2146 Unlawful at City's expense 995 392 Removal of Lamps and Connections— Discontinued lamps; cost 3080 1245 Generally; costs 2141 843 Service pipes; cost 5411 2340 To accommodate New Sewerage System; cost.. 4326 1824 5130 2197 5411 2340 6864 3125 8091 3770 Street Lamps— Bills for lamps out of service temporarily 2308 911 City's power to designate location at curb 6677 3020 Cost of removing private property to accommo­ date 7570 3506 Measurement of excess gas consumed 2363 933 Time within which to be lighted and extin­ guished ' 3802 1581 Superintendent of— Powers and duty relating to inspection of meters of out-of-town electric light companies 8679 4118

LAND FOR MUNICIPAL IMPROVEMENTS— See City Property; Condemnation of Property. Purchase of by City outside limits 3824 1593

"LANDED PROPERTY"— See Annex. What property the term includes 267 105 LANDLORDS— Obstruction of street in front of premises by 2561 1022 Required to abate filthy conditions on premises.... 9408 4480

LANDLORD AND TENANT— See Leases; Notice; Nuisances; Streets, High­ ways, etc.; Tenants. Effect of re-entry as to liability of landlord for costs of demolition of dangerous buildings 4172 1753 JULY 1, 1903—JANUARY 1, 1911 165

LANE BROS. & JONES— Par. Page Contract for sewerage work; payment of reserve funds 6774 3071

LATERAL SEWERS AND DRAINS— See Alleys; New Sewerage System; Sewers and Drains.

LAYING OF TRACKS— Permtis for. See Permits.

LEADENHALL STREET— Consolidated Gas Co.'s sewer in; status of 1758 676

LEASED PREMISES— See Nuisances.

LEASED PROPERTY— See City Property.

LEASEHOLD— Interest. See Liens. Owner. See Paving. / Property. See Leases.

LEASEHOLDER— See Sidewalks and Footways. LEASES— See Baltimore vs. Peat; Board of Estimates; Bonds; Building Code; Burnt District; Con­ demnation of Property; Contractors; Docks, Wharves and Piers; Municipal Subways and Conduits; Liens; Nuisances; Ordinances; Park Board. City's acquisition of reversion not to work merger. 2242 884 Docks and Piers— v Leases Construed— Pier 1—Balto., Chesap. & Atlantic Ry. Co., construed 6473 2916 Pier 1—United Fruit "Company, construed 6473 2916 Pier 2—Atlantic Fruit Co., construed 6484 2922 Pier 3 (M. & M. T. Co.)—construed 5325 2292 5334 2295 Leases of Dock and Pier Space— Change of location of space allotted to Chrome Works... ' 2124 835 City's powers to make 1676 646 1811 702 Comptroller has no authority to execute 1772 681 166 OPINIONS OF THE CITY SOLICITOR

Par. Page LEASES—Continued: Docks and Piers— Leases of Dock and Pier Space— How made 1711 655 Made during construction of piers, etc 1809 701 Lessees of Pier and Dock Space— Cannot.charge small craft a per diem 6494 2927 Cannot sub-assign grant 6494 2927 Modifications of construction by 4715 2008 Must keep foundations of improvements within area leased : 6787 3078 Pier property not insurable out of their own special fund 7911 3671 Form prepared by City Solicitor 3760 1562 Leasehold Property— Owner of must abate nuisances on 2880 1031 Owner of must pay cost of paving in front of... 4431 1875 Lien for cost of demolition of dangerous build­ ings. 4168 1751 Tax sales; payment of surplus when owner is unknown or cannot be found 734 298 Municipal Conduits; duct space in 45 15 4259 1793 Of City property not needed 3761 1562 Of "County Wharf," foot of Broadway 8647 4099 Of hall over Wholesale Produce Market 9519 4538 Of lot at Clark and Graves Sts.; City claim for rent against assignee 1032 408 Parks and Squares— Mansion House lease 2450 974 Ninety-nine-year lease for purposes of 6509 2935 Property subject to; condemnation of 1714 656 2354 930 Right of tenant of Franklin Road Quarry to open new quarry 6064 2681 Sub-letting; lessee has right of unless restricted.. 3759 1561 With privilege of purchasing land leased; authority required .' 3708 1542

LEE STREET— Paving of, between Howard and Sharp Streets.. 8098 3774

LEE STREET BRIDGE— Extension plan of, by B. & O. R. R. Co 1860 728

LEGAL FORMS— See Bonds; Contracts.

< JULY 1, 1903—JANUARY 1, 1911 167

LEGAL HOLIDAYS— Par. Page See Advertisements. Acts unaffected by Act of Legislature declaring. .. 985 386 City Council may hold sessions on 537 223 No law requiring advertisement of 4877 2092 Wlien time limit for filing bids 9582 4569 LEGAL STATUS— See Ordinances. LEGISLATIVE POWERS— See City Council; Vaults and Areas. . LEPROSY— Reception of case at Quarantine Station lawful... 9005 4286 LESSORS AND LESSEES— See Driveways; Nuisances. LESSEES—• See Buildings; Leases. Condemnation of interest of; measure of damages 9772 4667 9787 4677 9792 4681 LETTERS— Accompanying Bids. See Contracts. LETTING OF CONTRACTS— See Appropriations; Contracts. LEVELS OF GRADE ESTABLISHMENTS— See Grades and Grading of Streets. LEVY FOR TAXES— See Taxation of Property; Stocks, Loans and Finance. LEVIN, HARRY, CASE OF— Refusal of his parents to remove him from hospital 5650 2462 — Limits of denned 9757 4659 Ordinance to extend limits of; consent of abutters required 8560 4048 Status of occupants of stalls therein 4871 2090 LIABILITY OF CONTRACTOR— See Paving. LIBERTY ROAD— See Annex Improvement Commission. Culvert under 7099 3259 Grading of with surplus material from new reser­ voir .v 6752 3059 Temporary closing of to re-grade 6752 3059 Status of; jurisdiction of Annex Improvement Com­ mission 6868 3127 168 OPINIONS OK THE CITY SOLICITOR

Par. Page LIBRARIES, ENOCH PRATT FREE— Ordinance appropriating moneys in support of void 4495 1904 4498 1906 4507 1909

LICENSES— See Collector of Water Rents and Licenses; Dogs; Hawkers; Markets; Mayor; Obstet­ rical Cases; Oils; Poles and Wires; Poly­ technic Institute; Vehicles. Automobile— Required by Street Cleaning Department for chauffeur .' 9167 4363 Power of City to require, denied 2774 1120 Billiard and Pool Table— Billiard tables; fees collectible by City.. 9281 4420 Issue of, by Mayor, not discretionary 1797 693 Pool rooms; revocation of 5956 2629 Refund of fees upon revocation of 6247 2788 Bowling Alleys; not required unless a public amusement 1091 428 Canvassers; license required by 1141 446 Cut Flowers; sale in streets 8796 4173 Collector of Water Rents and Licenses to issue.. 1636 628 Dog Licenses— License required for dogs 4845 2078 Licensed dogs may run at large 2724 1095 Ordinances regulating 4845 2078 Ordinance revoking 5659 2466 Renewals of 3669 1525 Fees— Collection of; when made 445 191 Collector of Water Rents and Licenses to collect 1636 628 Increase must be authorized by Legislature 2767 1117 Refund of unauthorized by law 7295 3369 Hawkers and Peddlers— Ordinances and laws covering 6264 2798 Photographic tickets or coupons 6264 2'798 Sales from house to house on foot 1141 446 Sales from wagons 9461 4507 Laws and decisions relating to 8453 3986 Market Stalls— Duration of ; 7117 3268 Laws regulating issuance, renewals and trans­ fers 3547 1464 Transfers and renewals 3547 1464 JULY 1, 1903— JANUARY i, 1911 169

LICENSES—Continued: Par. Page Master Electricians'— Act regulating construed 3703 1540 Required of head of department of science of Polytechnic Institute 3894 1625 Status of Superintendent of Fire Alarm Telegraph 6429 2884 Motion Pictures; refund refused 7295 3369 Number plates for carriages of livery stables 3997 1669 Obstetrical Cases; when required 6559 2960 Penny-in-the-Slot Machines 3957 1652 Pole Tax. See Poles and Wires; Private Streets and Alleys. Basis of City's right to levy 5810 2550 Collector of Water Rents and Licenses to have complete charge of 6873 3129 Guy poles 1145 448 Poles on private property exempt. 1379 527y2 2812 1136 Revenue, Levy of, for— Legislative authority required 2,771 1118 When valid .- :. 2772 1118 Revocation of— Licensee entitled to hearing 6249 2790 Limitation on powers of City 5661 2467 No refund if for cause 6247 2788 6249 2790 Powers of Collector 5958 2630 Sale of soap from house to house 1141 446 Seal of City must be impressed on, not printed... . 1636 628 Trading Stamps. See Trading Stamps. LIE1YS— . . See Assessments; Benefits; Buildings; Closing Streets, etc.; Dangerous Buildings; Leases; Nuisances; Paving. Cost of Demolishing or Making Safe Dangerous Buildings 4151 1745 5618 2445 Conflict of where City makes safe and secure mortgaged premises 5618 2445 Recovery of 5618 2445 When owners of leasehold and reversionary in­ terest are respectively liable 4171 1753 Mortgagee's lien held paramount to 5627 2448 Re-entry of landlord; effect of 4172. 1753 For abatement of nuisance; survey not a pre­ requisite 5796 2544 Mechanics'. See Mechanics' Liens. Paving Assessments; lots affected v 4778 2040 Street Charges; certificate of 1964 773 170 OPINIONS OF THE CITY SOLICITOR

LIGHTING— , Par. Page , See Lamps and Lighting. LIGHTS, ELECTRIC— See Lamps and Lighting. LIGHT STREET— Commission to widen; term of existence 356 153 Public comfort station in bed of : 4519 1913 Repaying of, at Cross Street 3811 1587 Right of steamboat companies using east side of Light. Street 3276 1344 Sale to State of strip of land acquired by City in widening of 6646 3004 LIGHT STREET BRIDGE— Coal contract for working draw of 6812 3093 Construction of Acts relating 7535 3490 Draw of; rules for opening 2112 831 Harbor Board has jurisdiction over 6167 2742 6812 3093 Obligation of City to keep in repair or strengthen. 7508 3477 Prohibiting street railway cars of excessive weight on 7513 3479 7534 3489 Railway Company's duty to repair or strengthen.. -2978 1204 7508 3477 Repairs to substructure of; strengthening of 7508 3477 Title to land at north end of 2509 1001 LIMITATIONS— See Paving. As plea in bar of claim for board of inmates of Bay View Asylum 3020 1224 LIMITS OF MARKETS— See Markets. LINES— Of Buildings. _See Buildings. Of Construction. See Docks, Wharves and Piers. Of Streets.' See Annex; City Surveyor; Grades and Grading of Streets; Topographical Survey Commission. LIST OF OWNERS OF CITY STOCK- See Stocks, Loans and Finance. LITHOGRAPHED PLATS— See New Sewerage System. LITTLE GARDEN STREET— Paving specifications approved 4707 2003 LIVERYMEN— See Minor Privileges and Franchises. Minor privileges granted to 3254 1333 JULY 1, 1903—JANUARY 1, 1911

LIVERY AND HIRING STABLES— Par. Page See Advertisements; Annex; Building Code; Notice; Ordinances; Permits; Stables. LOANS OP CITY— See Acts of Assembly; Annex Improvement Act; Paving; Stocks, Loans and Finance. Appropriations of one City department not to be loaned to another 8314 3901 LOCAL LAWS— See Acts of Assembly. LOCAL WATER COMPANIES— See Water Companies. LOCH RAVEN TELEPHONE LINE— See Md. Telph. & Telegr. Co. Status of ownership 3558 1470 LOCKS— See Monopolies. LOCOMOTIVES AND CARS— See Steam Railroads. Pratt Street; running of engines and freight cars on 2275 894 Resume of ordinances relating to standing of 439 189 LOMBARD STREET— Railway tracks on; permit for 8608 4077 LONEY'S LANE— Grade of; right of City to raise 202 75. LONG BRIDGE— See Light Street Bridge. LONG DOCK— Agreement with U. Rys. & Elec. Co. relating to... 6938 3174 Right of U. Rys. & Elec. Co. to discharge condensed and exhaust steam into waters of 6938 3174 LOST CERTIFICATES— See Paving. Beneficiary to give bond before re-issue 1847 722 LOST TIME— See Hours of Labor. LOTS— Fencing of by property owner not compulsory... 3157 1283 LOVE, NICHOLAS H., CONSTABLE— See Constables. LOW STREET— Obstruction at corner of, and High Street 47,09 2005 LUBRICATING OILS— See Oils. 172 OPINIONS OF THE CITY SOLICITOR

LUMBER MERCHANTS— Par. Page See Minor Privileges and Franchises Minor privileges granted to 3253 1333 LUNATICS, INSANE, ETC.— See Insane. LTMAN CASE— See Municipal Officials. MCAFEE, WILLIAM C.— Appropriation under Act pensioning 3573 1477 McKEEN AVENUE— Status as public street 2162 8'52 MACADAMIZED STREETS— See Paving. MACHINERY— See Condemnation of Property. Installation of and permits for. See Notice; Permits. MAD DOGS— See Dogs. MAGAZINES— For Explosives. See Dangerous Articles. No ordinance prohibiting sale in streets and cars. 8471 3998 MAGISTRATES— gee Appeals; Fines, Penalties and Costs; Jus­ tices of the Peace. Cannot release prisoners before expiration of term 2965 1200 Commitment of persons to Almshouse 757 307 3088 1250 No power to commit consumptives to Bay View Asylum • 5210 2233 Civil; statutory jurisdiction cannot be enlarged by ordinance 5667 2470 MAIL WAGONS— Licensed when hired to P. O. Dept 663 272 MAINE AVENUE— . Not a public street 4281 1804 MAINS AND PIPES— See Water. MANDERSON ESTATE— Assessment of narrow strip for paving of Rose St. 6604 2983 MANHOLES— See C. & P. Telp. Co.; Contracts. Telephone; when 'to be removed '. 1869 733 JULY 1, 1903—JANUARY 1, 1911

MANUAL LABOR— Par. Page See Agriculture. MANUAL TRAINING— See Houses of Refuge or Reformation; Schools. Definition of term 2466 981 Includes teaching of agriculture 2466 981 MANUFACTURE OF OILS— See Oils. MANUFACTURERS' RECORD— Not a daily newspaper in case stated 6450 2899 MANNUFACTURES, PROHIBITED— See Permits. MANNUFACTURING INDUSTRIES AND PLANTS— See Ordinances; Taxation of Property. MANURE— Accumulations of. See Nuisances. MAPS AND PLATS— See Topographical. Survey Commission. Of City; City Librarian to have custody of 2460 977 Of Topographical Survey Commission 3979 1663 MARKETS— See Buildings; Burnt District; Gutters; Li­ censes; Mayor; Taxation of Property. Abandonment of 4871 2090 Effect on title to site of 4873 209O Broadway and Fell's Point Market— Running of trains across Broadway during mar­ ket hours 6377 2853 Centre Market Commission— Closing bed of Concord Street by 2222 876 Surplus in hands of; use of 4875 2091 Centre Market House— Title to land under 2210 872 Centre Market Space— Public comfort station in bed of 4519 1913 Cleaning of— Requiring market-men to vacate 8145 3805 Cooking food in; enabling ordinance necessary... 7050 3230 Gutters around; abutting owners to clean , 906 357 Extension of limits at curb line; consent of abutters necessary 8560 4048 Halls Over. See Broadway Institute. Use of not inconsistent with market purposes... 2208 872 Wholesale Produce Market; rental of to com­ mission brokers 9519 4538 174 OPINIONS OF THE CITY SOLICITOB

Par. Page MARKETS—Continued: Lexington Market; obstruction of sidewalk and street on Eutaw Street '. 9757 4659 9761 4660 Limits of 906 357 Richmond Market; eating place in unlawful 7050 3230 Stalls in- Building materials in streets obstructing use. .. . 3314 1363 Confirmation of title by certain sales 4S72 2090 Curb stalls on Eutaw Street obstruction of ease­ ments of abutting owners 9757 4659 Definition of 5246 2253 Law covering issuance of licenses for 3547 1464 Movable on Eutaw St.; protest of abutters 9757 4659 Nature of, as property 5246 2253 Rights of occupiers thereof ' 4871 2090 Sales of by City 506 212 Status of as taxable property 5246 2253 Taxation of 5246 2253 Tenure by which held...: 7113 3267 Unauthorized structures therein 7050 3230

MARKET STALLS— See License's; Markets; Taxation of Property. •

MARRIED WOMEN— See Consuls; Insane; Taxation of Property.

MARSH MARKET SPACE— See Building Lines. Building line encroachments on 2164 853 . Defective drain under 2346 927

MARYLAND CENTRAL RAILROAD CO.— See Md. and Penna. R. R. Co.

MARYLAND ELECTRIC RAILWAYS CO.— See Steam Railroads; Street Railways. Not required to grade Russell Street 6346 2838 Track on Ridgely Street 7364 3407

MARYLAND INSTITUTE— City's title to site of 2210 872

MARYLAND PENITENTIARY— Fumigation of; proper parties for work of 4413 1866 Water Board may fix water rate for 7744 3585 Water rate for; not a charitable institution 6258 2796 JULY 1, 1903—JANUARY 1, 1911 175

MB. &'PENNA. R. R. CO.— Par. Page See Agreements; Steam Railroads; Street Railways. Remington Ave. Bridge; controversy over cost of widening and raising structure in improvement of avenue 7457 3452 Resume of Charter history of 7476 3459 Status of municipal telephone line along 3558 1470 3567 1474 MD. TELEPHONE CO.— Corporate history of 8898 4232 Franchise of, construed 2152 848 MB. TELEPH. & TELEGRAPH CO.— See Franchises and Grants; Gross Receipts Tax; Poles and Wires. Agreement as to Police and Fire Alarm poles 432 187 Consolidated with Balto. Electric Power Co 5415 2343 Electrolytic damage in conduits of 2872 1162 3085 1248 May consolidate with Balto. Electric Power Com­ pany 3848 1605 Need not repair or rebuild Loch Raven, etc., tele­ phone line 3558 1470 Poles of Fire Alarm Telegraph System occupied by its wires; removal of 3005 1216 Statement of gross receipts; requirements of law relating to 3617 1500 MASONRY— Rule in measuring work of contractor 8670 4112 MASTER ELECTRICIANS— See Bonds; Licenses. Act 1906, ch. 244, regulating licensing of, con­ strued 3703 1540 Certificate of 6429 2884 MASTER PLUMBERS— See Plumbers and Plumbing. MATERIALS— See City Engineer; Contractors; Contracts; Garbage; Nuisances; Paving; Streets, High­ ways, etc. Abandoned poles of Police and Fire Alarm Tele­ graph System; disposal of 432 187 Bids for; when advertisement unnecessary 2526 1008 Building. See Buildings. Cement contract construed 1737 665 Defective'or Unsuitable; default of municipal con­ tractor 2524 1008 Dropping or leaking from carts; owner or driver may be penalized 6830 3106 176 . OPINIONS OF THE CITY .SOLICITOR

Par. Page MATERIALS—Continued: For municipal work; purchases to be competitive 4055 1696 Old Materials— In repaving of street belongs to City 6565 2964 Metal and scrap-iron dug up in streets; disposal of 8383 3943 On site of new Piers 4, 5, 6; ownership of 7275 3357 "Old Metal and Refuse Materials"; term denned 5407 2338 Right of City to purchase in open market on de­ fault of contractor 2524 1008 Specified in contracts; substitution of 7842 3632 7886 3660 7890 3662 Substitution of under contracts. See Bonds.

MAYOR^- See Blasting; Building Lines; Constables; Contracts; Fines and Penalties; Licenses; Markets; Municipal Officials; Permits. Appointees of— Charter provisions governing, construed 8746 4149 Confirmation by Council presumed unless re­ jected by required vote 8747 4150 Awning permits revocable by 4310 1816 Blasting permits 4521 1914 Contracts; must approve annulment of 5673 2474 Control of governmental departments of City..... 2613 1046 General Powers— In re departmental appropriations :. 2567 1025 Resume of Charter powers and duties 1668 643 2613 1046 Municipal officials; his power of removal 1657 638 To remit fines, penalties and costs 2810 1135 5511 2391 6636 3000 Market Licenses; to approve transfers and re­ newals 3549 1464 Office hours of Commissioners for Opening Streets; may fix 7381 3414 Pool Table Licenses; revocation of. 5958 2630 Powers of Appointment to Office— Municipal officials and special commissions....! 357 150 Under Section 20, Charter 285 117 Power to revoke notice to remove tracks...... 5424 2349 JULY 1, 1903—JANUAKY 1, 1911 177

Par. Page MAYOR—Continued: Publication of local Acts of Assembly by 1197 465 Removal from office; no constitutional or law provisions relating to Mayor of Maryland cities and towns 8147 3806 Revocation of Permits. See Permits. Secretary to— . How appointed; Council need not confirm 1578 605 Status of as City official 1578 605 MAYOR AND CITT COUNCIL OF BALTIMORE— As to delegation of its discretionary functions.... 3580 1481 Cannot pay for grading, sidewalks in Annex 6053 2676 Has inherent power to purchase furniture, pictures and other ornaments 5492 2383 May appropriate money from one fund and replace it from another '2647 1060 May prescribe type of rails to be used by railway company on public streets 7128 3274 MEASURE OF DAMAGES— See Damages. MEASUREMENT OF GAS— See Street Lamps. MEASURES AND WEIGHTS— See Inspections; Weights and Measures. MECHANICS— See Contractors; Contracts; Eight Hour Law; Wages. Act fixing minimum wage construed. ..:... 8035 4251 : 8949 4257 MECHANICS' LIENS— State and City property exempt from 9192 4376 MEMBERS— See City Council; Municipal Boards. Of City Council; expenses in defending seat 3304 1356 Of unpaid boards; interest in contracts 6229 2776 MEETINGS OF CITT COUNCIL— See City Council. MERCHANTS AND MINERS' TRANSP. CO.— See Docks, Wharves and Piers; Lamps and Lighting; Leases; Piers. Grading and paving of pier; lease construed 5325 2292 5334 2295 Lighting of Pier 3 5368 2311 Pier structure changes by 4715 2008 MERGER— See Ground Rents. 12 178 OPINIONS OP THE CITY SOLICITOR

METERS— Par. Page See Gas and Electric Co.; Gas Meters; Water. Patapsco Electric Co.; inspection of its meters; fees for; agreement relating to 8679 4118

MERRYMAN'S LANE— Paving provisions for 2907 1179

METZEL, MARIE— Case of injury to dwelling of 9469 4510

MILK— See Health.

MILTON AVENUE— Private drain in rear of; new sewerage connection 7389 3419 Public street 293 122

MINE BANK LANE— Fences across unlawful; status as highway 1477 564

3IIN0R PRIVILEGES AND FRANCHISES— See Advertisements; Board of Estimates; Franchises and Grants; Ordinances; Per­ mits; Sewers and Drains; Sidewalks and Footways; Streets, Highways, etc. Applicants for; obligations of 3661 1521 Board of Estimates— Exclusive authority to grant 697 285 Its jurisdiction in re 1389 534 To grant permits for 1759 676 Building Code, Sec. 54, Par. 5, nugatory 8416 3962 Charter and ordinance requirements relating to.. .3246 1331 City Council no authority to grant 763 287 Classification of applications for 3251 1333 Grant to lay pipe for electric wires in alley is a.. .. 8653 1401 Ordinances granting need not be advertised 4177 1757 Prohibited privileges 3250 1332 Private water pipes on new docks and piers 6072 268.7 Scaffolding over public highway 6342 2836 Signs on trolley poles 6943 3177 Street and Sidewalks— Chewing gum slot machines on sidewalks 4995 2104 Grant of use of street or sidewalks for 3246 1331 Mosaic sign in pavement 5678 2477 Powers and authority of Board of Estimates limited and defined 3246 1331 Underground house connections for electricity; permits for 5239 2250 JULY 1, 1903—JANUARY 1, 1911

MINORS— Par. Page As janitors of Colored High School sanctioned; proviso 7 2931 1193 Children of registered voters cannot be employed on work limited to registered voters 4089 1714 City may employ on approval of parents 2931 1193 Laws for abatement of nuisance apply to 1080 424 MINUTES— Of Board of Public Improvements; who should sign 305 12S MISCELLANEOUS LOCAL LAWS— See Charter and Miscellaneous Local Laws;" Public Local Laws. MISCONDUCT IN OFFICE— See Constables. MISTAKES— See Contracts. MONOPOLIES— See Contracts. Contracts by City conferring probably invalid.... 3244 1529 Sections 14, 15 of City Charter held not to -apply when monopoly exists in reference to article re­ quired by City 3386 1393 MONTHLY ESTIMATES— See Contractors; Contracts. MONUMENTS— Mexican War Veterans; Mt. Royal Avenue 270 107 MONUMENT STREET— Steam railway motors on * 1508 580 U. Rys. & El. Co. not required to pave between Wolfe and Bond Streets with improved pavement 4981 2135 "MORE OR LESS"— Meaning of phrase in City contracts 2615 1047 MORGUE— Corpses receivable at. 3692 1536 Health Department has jurisdiction over; repairs and furnishings for.' 8528 4029 MORRIS AVENUE— Closing, Westwood Ave. to Hilton St., by Annex Imp. Commission; status of 9170 4366 MORRIS & HINKLEY v. M. & C. C. OF BALTO Taxes on" decedents' estates 8732 4143 MORTGAGES— See Acts of Assembly; Liens; Taxation of Property. Held by Maryland corporation as fiduciary; tax­ able 157 55 180 OPIKTOXS OF THE CITY SOLICITOR

MORTGAGES—'Continued: Par. Page To secure bonds. See Bonds; Condemnation of Property. MORTON ALLEY— Board of Awards to contract for paving of 4712 '2006 Grading and paving of 4760 2031 MOSAIC SIGNS IN SIDEWALKS— See Minor Privileges and Franchises. MOSHER STREET— Establishment of grade on 3517 1448 MOSQUITOES— Extermination of; appropriation for 2536 1013 Proper officer to dO' work 2537 1013 Ordinance appropriating funds for, invalid 363 156 MOTION PICTURE THEATRES— See Inspector of Buildings. Licenses for. See Licenses. Building Regulations Relating to. See Building Code- MOTIVE POWER— See Steam Railroads. MOTOR VEHICLE LAW— Effect on jurisdiction of Park Board as to speed of automobiles 9121 4346 9130 4351 MT. ROYAL AVENUE— Conflict of jurisdiction between Water and Park Boards; laying of pipe line in 4565 1938 MT. ROYAL STATION— Grounds of. See Park Board. Park Board; jurisdiction of 478 203 MT. VERNON PLACE— Act limiting height of building at 4524 1916 MT. VERNON SHOPS— Right of N. C. Ry. Co. to remove beyond City limits 9068 4318 MT. WASHINGTON ELEC. LT. & POWER CO — Right to erect poles and wires in City 2587 1034 MUNICIPAL ADMINISTRATION— •City Surveyor not a branch of 5257 2258 MUNICIPAL ART COMMISSION— Must approve statutes, etc., placed in parks 4569 1939 MUNICIPAL ART SOCIETY— Use of Broadway Institute Hall by 6073 2688 MOVABLE STALLS— .See Markets.

/ JULY 1, 1903—JANUARY 1, 1911 181

Par. Page MUNICIPAL BOARDS— See Architects; Jury Duty. Payless boards; paid City officials may be mem­ bers of 405 176

Powers of— As to use and expenditure of appropriations.. 2566 1024 In matters of purchases, etc 2566 1024 2616 1047 Judicial functions; delegation to committee un­ lawful 6293 2811 Majority of quorum may transact business of.. . 3163 1286 Voting— Members cannot vote by letter 4683 1991 6436 2883 Members must vote in person 2535 1012 6436 2883 Unless duly convened, voting illegal 2535 1012

MUNICIPAL BUILDINGS— See Architects; Bids; Buildings; City Council; Inspector of Buildings; Ordinances. Architect for; selection of 7017 3213 Competition in designs required. 5565 2416 Contract for erection of may, provide for removal of buildings on site of 5409 2339 Erected by New Sewerage Commission; super­ visory powers of Inspector of Buildings 5483 2379 New Court House— Commission; status, powers and duties 1107 434 2663 1067 'Repairs to; purchase of supplies for. 1107 434 2663 1067 Storm doors and draperies for; unauthorized contract for plans; ratification thereof; fund chargeable 5310 2285 W. M. R. R. Fund not available for mural decorations ; 5055 2166 Offices in private buildings; furnishing of 807 323 Park buildings; plans for; competitive bidding re­ quired 5714 2498 Public Buildings; term defined 2159 850 Public Buildings and Squares; cleaning of gutters . of , 1793 690 182 OPINIONS OF THE CITY SOLICITOE

MUNICIPAL BUILDINGS—Continued: Par. Page Superintendent of Public Buildings— Court House office space to be assigned by.... '.. 1748 670 Powers and duties as to City offices in private buildings 807 323 Temporary Court House— Agreement with Federal Government relating to 4853 2082 5523 2396 MUNICIPAL CONDUITS— See Municipal Subways and Conduits. MUNICIPAL CONSTRUCTION— Various work and systems of, of equal status in highways of City 4592 1948 MUNICIPAL CONTRACTS— See Contracts. MUNICIPAL CORPORATIONS— Express and implied powers of 1045 412 MUNICIPAL DEPARTMENTS— See Laborers; Mayor. Conflict of authority as to street work 4585 1946 Requirements prescribed by mustv keep within Charter limitations 4022 1682 MUNICIPAL EMPLOYEES— See Employees; Bonds. Bonds of. See Bonds. Charter prohibition as to extra compensation.... 2338 923 MUNICIPAL IMPROVEMENTS— See Closing Streets, etc.; Sewers and Drains. Power of City to close street pending 6296 2813 MUNICIPAL INFECTIOUS DISEASE HOSPITAL— Powers of Commission on in re employment of architects " 4863 2087 MUNICIPAL LIGHTING COMMISSION— Report of; printing extr"a copies 2319 916 MUNICIPAL OFFICIALS— See Appeals; Art Commission; Board of Esti­ mates; City Engineer; Contracts; Em­ ployees; Holding Office; Laborers; Mayor; Office Hours. Appointment of; time for 352 152 As defined by City Charter 1578 605 Attachments cannot be laid in hands of 8906 4236 Cannot be privately interested in City contracts.. 6229 2776 Cannot withhold funds of contractors to facilitate collection of private debt 8906 4236 JULY 1, 1903—JANUARY 1, 1911 183

MUNICIPAL OFFICIALS—Continued: Par. Page Charges Against— Expenses of accused if vindicated chargeable to City 6151 2735 Mayor's powers; appeals in 1657 63S Extra Compensation— When they may receive - 378 163 Heads of Departments— Appointment of subordinates 2357 931 Registered voters; power to limit municipal work to 4081 1711 When reappointed must reappoint subordinates. 385 167 Investigation of official conduct; payment of costs of hearing 6151 2735 Liability for damages in discharging employee.... 8847 4201 May do contract work for City and issue permits to themselves therefor 1612 619 May hold other office in City government not yielding compensation 406 176 Mayor— Power of appointment 2356 931 To fix hours of duty for 1666 642 Must be registered voters - 7012 3210 Provisions of City Charter and effect of Lyman Case '4085 1712 Outside work; nature of allowable 5598 2434 Removal of, for cause; procedure 1657 638 Salaries; when to be paid 144 50 Term of office of 2277 895 Trials of; procedure in; Mayor's powers 1657 638 What persons employed by City government are embraced by term 144 50 Unexpired terms caused by election to other office 4702 2002

MUNICIPAL POLE SYSTEM— See Ordinances. Ordinance authorizing erection of and compelling use of by companies probably invalid 3291 1351

MUNICIPAL REPORTS— See Reports.

MUNICIPAL STATISTICIAN— Office cannot be created by Ordinance of Esti­ mates '. 285 117

MUNICIPAL TELEPHONE LINE— Loch Raven, etc.. reservoir service 3554 1467 184 OPINIONS OF THE CITY SOLICITOR

Par. Page MUNICIPAL SUBWAYS AND CONDUITS— See Board of Estimates; Bonds; Chesapeake and Potomac Telephone Co.; Contractors; Contracts; Easements; Electrolysis; Fran­ chises and Grants; Leases; New Sewerage System; Nuisances; Paving; Public Service Corporations; Sewers and Drains.

Balto. Electric Light & Power Co.— Bond under Fentress & Medairy lease 5767 2528 City may construct same under sidewalks 8780 4167 City not liable for electrolytic action in 38 12 3085 1245

Conduits— Acts of Assembly and ordinances providing for construction of 2815 1139 Burnt District; cost of relocations 1729 662 Cables, feeder; bonding may be required of • owners ." 47 15 Gables in; damage by electrolysis 2872 1162 Contracts for construction and use of construed 1585 608 1590 611 Defective sewer emptying into; owner must abate nuisance 3820 1591 Expenses incurred by public service corporations incidental to construction of; rule as to City's liability for 8167 3818 House connections with 5240 2250 In Annex; taxation of 267 106 Laying of City conduits along Covington Street under B. & O. tracks at Wells Street. 2470 983 Of equal status with New Sewerage System in streets, etc 4589 1947 Ordinances authorizing two systems 2824 1141 Police, etc., telegraph wires in private conduits.. 1953 769 Removal or relocation of, to accommodate New Sewerage System 4588 1947 Restriction on laying of 3441 1412 Wires which must be placed in 2708 1089 2718 1092 Drains injuring same; remedy for 2346 927 3104 1258 Duct Space. See Leases. Chesp. and Potomac Teleph. Co.; annual charge. 454 . JULY 1, 1903—JANUARY 1, 1911 185

Par. Page MUNICIPAL SUBWAYS AND CONDUITS—Continued Duct Space— Conditions of use of 1590 611 Agreement with Md. Teleph. & Teleg. Co. as to space in Hanover Street 8898 4232 Contracts for with Electrical Commission re­ viewed and construed 1590 611 Effect of payment of rental for duct space on easement tax question 7421 3435 Lease of U. E. Lt. & Pow. Co 1585 608 Lease to individuals; franchise grant required.. 1468 561 Renters of; authority to enter subway 7542 3494 Electrical Commission— Cost of adapting C. & P. Co.'s conduit to work of; obligation of telephone company 6704 3032 Powers of Commission— Agreements relating to duct space 8900 4233 Cannot construct on private property 2002 787 2027 798 .Cannot erect system of poles and rent same to companies 3289 1350 Confined to constructing and maintaining a conduit system 3289 1351 Placing of wires underground 3008 1217 Sidewalks; right to build conduits under 3788 1574 To. determine location of conduits 7989 3709 To select streets along which to lay conduits.. 7988 3709 Removal of service; failure of consumer to pay cost of house connections 4259 1793 Statutes and ordinances relating to 39 13 .; 2815 1139 3289 1350 Injury to by paving contractor; remedy of City... 6664 3012 Legislation creating same reviewed 42 14 Obligation of City to protect property of users thereof. . . 39 13

MUNICIPAL UTILITIES— See Franchises and Grants.

MUEAL DECORATIONS— See Municipal Buildings.

MUSIC AT COMMENCEMENTS— See School Commencements.

MUTUAL COMPANIES— See Stocks, Loans and Finance. 1S6 OPINIONS OF THE CITY SOLICITOR

Par. Page NAMES OF STREETS— See Private Streets and Alleys; Streets, High­ ways, etc. NAPHTHA, BENZINE AND GASOLINE— See Oils; Dangerous Articles. , NARROW LOT— 'Spite fence prohibited on 8443 3980 NARROW STREETS— See Alleys; Streets, Highways, etc. NATIONAL BANKS— See Gans Bill; Stocks, Loans and Finance; Taxation of Property. Gans Bill held to apply to City stock held by 6116 2714 6461 2905 NATIONAL BUILDING! SUPPLY CO.— Cement contract construed 1737 665 NATIONAL JUNIOR REPUBLIC— Declared to be a reformatory institution 3921 1636 NATURAL STREAMS— See Sewers and Drains. As Public sewers; facts necessary to show adoption 2796 1129 Pollution by sewer drainage 2868 1161 Pollution of; plumbing permit refused 2862 1158 Riparian owners; rights when stream is polluted.. 2793 1127 Status when used by City as public sewer 2792 1126 Used as public sewers; repairs to . 2793 1127 NEGLIGENCE— See Contractors; Nuisances. Of City's agents; its liability for 6737 3051 Of Contractors. See Bonds. City's liability for.. .* : 6737 3051 NEW BUILDING CODE— See Building Code; Leases; Docks, Wharves and Piers. NEW COURT HOUSE— See Municipal Buildings. NEW HIGH SERVICE RESERVOIR— See Reservoirs. NEWLY DISCOVERED PROPERTY— See Assessments. NEW— Improvements. See Police Commissioners; Im­ provements. Paving. See Paving; Street Railways. Pumping Station. See New Sewerage System; Fire Department. Systems of Lighting. See Permits. JULY 1, 1903—JANUARY 1, 1911 187

Par. Page NEW SEWERAGE SYSTEM—

See Annex; Appeals; Arbitration; Buildings; C. & P. Tel. Co.; City Engineer; Contracts; Drainage; Easements; Health; Inspector of Buildings; Inspectors; Inter-Departmental Adjustments; Lamps and Lighting; Notice; Paving; Poles and Wires; Private Streets and Alleys; Sewage; Sewers and Drains.

Act Authorizing System (1904, Ch. 349) — Construed 3722 1549 3736 1554 3746 1557 4585 1946

Sections Construed— Section 2 8705 4131 Sees. 2 and 7 construed as to extension of sys­ tem to minor streets, alleys, etc 3582 1483 Section 4 .- 4585 1946 9199 4379

Section 4 52 2267 5293 2275 7290 3367 '. 8090 3769

Section 7 6843 3113 7921 3676 Architects, employment of 5483 2379 As to buildings constructed by Commission 9190 4375 Certain words used defined 5102 2185 Chesapeake Bay and Tributaries; proviso of Act refers only to crude sewage and not filtered effluent of the system 2837 1148 2844 1151 2926 1190 City Engineer; street and sewer jurisdiction of.. 4423 1870 6858 3121 Construction of temporary tracks under 6691 3026 Cost of removing property of City, quasi-public corporations and private individuals 4322 1823 Day labor work thereunder 5720 2503 Disposition of house drainage 5497 2386 In light of former decisions involving interpreta­ tions of various statutes 2837 1148 188 OPINIONS OF THE CITY SOLICITOR

Par. Page NEW SEWERAGE SYSTEM—Continued: Act Authorizing System, Construed— Old street railway cableways 5780 2535 Permit for work authorized and required...... 5301 2280 Powers of Commission— As to pipes and drains 5432 2353 Acquisition of land by arbitration 3664 1523 Baltimore County private drainage connections 6894 3142 In expending money , 2582 1032 Private Systems of drainage 3505 1442 6846 3114 Proper party liable for cost of removing, shift­ ing or accommodating pipes, conduits, etc., in path of. 5102 2185 Registered Voters; restricting work to 4082 1711 Resume of its legislative history 2837 1148 Taxation under 2558 888% Terms "shift", "adjust", "accommodate" and "re­ move" in Act, denned ." 5102 2185 What sewers, pipes, drains, etc., are embraced by 5433 2353 Amendatory Act (1910) construed 8862 4210 New loan for covers sewage from all municipal buildings and property 8655 4103. Baltimore County Connections— New Outfall Sewer; tapping for private drain­ age 6894 3142 Claims—• Contractor's claim for compensation for grading done by third party 5692 2486 Of Commission against Gas Company 9638 4596 For damages due to delay in erecting sewerage pumping station 7244 3338 Commissioner of Health— No jurisdiction over sewers and drains forming part of 5433 2353 Commission for Construction of— Administration building at Back River; Inspec­ tor of Buildings to supervise construction... 9190 4375 Alleged violation of Section 14 of Charter 5704 2493 Appropriations for to defray initial expenses.... 2582 1032 Architects may be employed by; status of...:.. 5483 2379 In re infringement of Brossman's patent sew­ age filter 5384 2320' ." 5391 2327 JULY 1, 1903—JANUARY 1, 1911 189

Par. Page NEW SEWERAGE SYSTEM—Continued: Commission for Construction of— Not required to give printing of to Public Printer 6393 2865

Powers of— As to storm water sewers 3115 1264 Implied powers; when enabling ordinance is required to sanction exercise of 6691 3026 Letting of contracts for lithographing, etc.... 6393 2865 Obstructions in path of its system 4585 1946 To acquire land by agreements of arbitration.. 3663 1523 Under Act 1904, Ch. 349 2837 1148 Proceeds from sale of property at new pumping station to be credited to funds of. ... 5409 2339 Conflicts with Municipal Utilities— Electrical conduits in path of its system; author­ ity to compel relocation or removal.of 4588 1947 Rights of, not paramount to other municipal con­ struction in streets 4589 1947 4592 1948 To reimburse other City departments for ex­ penses occasioned by its work 6371 2856 Removal of City lamps to accommodate con­ struction of; lamp-posts and connecting pipes; cost of ,.. 4326 1824 ..._ 4336 1829 Contractors for— Abandoned work of contractor; method and cost of repairing 9562 4559 Blasting by contractors on work of 8692 4123 Change in location of sewer; construction of specifications; liability for injury to adjacent property 9457 4505 Injury to building from excavation; cost of repairs. . . . 7702 3568 7715 3572 9300 4431 Injury to adjacent property resulting from ex­ cavation .- 9476 4515 Liability of for improper work .- •... 7094 3257 Monthly estimates of work completed 4933 2115 Payment of 5 per cent, reserve to contractor prematurely, sanctioned 8576 4059 190 OPINIONS OF THE CITY SOLICITOR

Par. Page NEW SEWERAGE SYSTEM—Continued: Contractors (or— Prepayments under contracts for sewerage work; effect on bond 5518 2393 Repairs to water pipes damaged by 8981 4274 Sanitary sewers; payment of contractor pending delays; rule of valuation of materials 8666 4110 Use of sewer prior to its acceptance from con­ tractor 8994 4281 When contractor fails to repair private property damaged by excavations 9494 4523 Contracts for— Changes in contract plans and work to meet ' new conditions 8858 4209 Effect of nine months' clause in 9742 4650- Extension of time of contractor on work of; effect on bond 6087 2696 Extra Work Clause— Necessary work not contemplated by 5849 2572 Relates only to work covered by contract.... 8067 3756 Extra work under 5720 2503 Repairs to abandoned contract work 9562 4559 Right of Commission to increase dimensions of drain; departure from specifications 5438 2357 Diversion of Peck's Branch to accommodate trunk sewer 8515 4051 Employees— Control of Sewerage Engineer over employees of contractors 8847 4201 House Connections— At request of property owners; cost 7008 3208 Cases showing necessity for laying drains at rear and front of lots served 9315 4437 Commission controls to building line. 5432 2353 Extension to building subsequently erected 7008 3208 Law reviewed 7008 3208 Minor privilege permit required if bed of street is invaded 6367 285S Plan for, approved 6827 3105 Property owners required to connect at build­ ing lines only .* 3582 1483. System must serve every improved or improvable lot on every highway, public or private 3583 1483- JULY 1, 1903—JANUARY 1, 1911 191

Par. Page NEW SEWERAGE SYSTEM—Continued: House Connections— When and how permitted; cost of 7391 3419 _ When required to be made 3505 1442 9530 4544 Lateral Sewers and Drains— Disposal of sanitary drainage between Jones' Falls and the storm water interceptor 7918 3675 Sanitary lateral sewers; connections in narrow alleys 7389 3419 Loans for— Expenses of removing and relocating other City work and systems payable out of 4596 1949 Levy for appropriations for sinking fund for... 4058 1698 Obstructing Systems of Public Service Corpora­ tions— Conduits of C.' & P. Telp. Co.; removal to ac­ commodate system; payment of costs and dam­ ages 3736 1554 3746 1557 Cost of changes in systems of corporations to accommodate 5110 2188 5120 '2193 5126 2195 .' 5130 2197 5140 2202 5145 2204 '. 5148 2206 Cost of removing gas lamps, connections and mains 6670 3016 6864 3125 Derelict pipes; right to remove same 5175 2220 Obstructing systems of. transportation and sys­ tems for distribution of electricity, gas, heat, light and power in path of sewerage system; cost of removal, alterations and repairs inci­ dental to extension of New Sewerage System; rights, obligations, duties and liabilities of the City and the. public service corporations pos­ sessing easements ni the streets; apportion­ ment of costs 3722 1549 3736 1554 Obstruction in path of; rule as to cost of re­ moval v 5278 2267 5293 22'75 192 OPINIONS OF THE CITY SOLICITOR

Par. Page NEW SEWERAGE SYSTEM—Continued: Obstructing Systems of Public Service Corpora­ tions— Old cableways in path of 5781 2536 : 5786 2539 5792 2542 Powers of Commission as to removal of physical obstructions in way of system 3720 1548 Removal of obstructions; apportionment of costs between City and public service corporations. 4302 1823 Removal of sewers and drains constructed by street railway company 5278 2267 5293 2275 Removal of systems of pipes, conduits, etc., in streets; costs of work 4302 1823 4327 1825 Shifting of equipment to accommodate; cost of. 7290 3367 Telegraph poles in path of system 5995 2649 Paving and Repaving— Dirt covering paved trenches of 5177 2221 Due to work of Sewerage Commission; paving over gas mains; payment of cost as between the public service corporations, the Commis­ sion and the City Engineer 6370 2835 Paving over trenches of within space of railway tracks 8358 3928 Repaving by contractor outside of trench line; compensation '.. 6936 3172 Temporary paving to accommodate work of chargeable to 5225 2240 Private Sewers and Drains— Agreement under which connections may be . allowed 5897 2597 Applications to,connect with; form of 7409 3428 Connections with; cost of 5897 2597 7389 3419 Location of on private property to conform to.. 6841 3113 Notice to Commissioner of Health relating to connections 7393 3419 Policy of Commission in taking over 8873 4217 8885 4225 Powers in relation to their incorporation in the New Sewerage System 8873 4217 8885 JULY 1, 1903—JANUARY 1, 1911 193

Par. Page NEW SEWERAGE SYSTEM—Continued: Private Sewers and Drains— Purchase by Commission; policy, prerequisites and conditions 9209 4384 9217 4390 Regulation of, under New Sewerage Act 6846 3114 Superseded by New Sewerage System: status of 3505 1442 Temporary connections with 7389 3419 Pumping Station. See Appeals; Contracts. Agreement with railroads for connecting tracks 6701 3030 Bills for borings made by Inspector of Buildings 8230 3849 8239 3855 Claim of contractor for damages due to delay... 7244 3338 Connecting tracks from B. & O. R. R. and P., B. & W. R. R 6687 3025 Connecting track to; legal status of 6687 3025 Controversy between the Inspector of Buildings and Chief Engineer in re its foundations 6902 3149 6906 3151 6915 3157 6917 3159 6925 3166 6930 3168

Delay in erecting; rights of contractor; bond of; storage of engines; premium on bond 8212 3840 Measurement of masonry work of contractor.... 8670 4112 Obligation of contractor for superstructure to protect materials and work pending delay.... 7777 3600 Payment to contractor for materials in advance of contract requirements 8421 3966 Removal of buildings on site of 5407 2338 Specifications of contract for construed 7774 3599 Time limit clause in contract for : 5060 2169 Sewage Disposal Works— Access to by contractor for crushed stone for fil­ ters prior to acceptance of works from contrac­ tor 8339 3914 Contract with "The Jewell Company" construed 8339 3914

13 194 OPINIONS OF THE CITY SOLICITOE

Par. Page NEW SEWERAGE SYSTEM—Continued: Storm and Ground Water Sewers and Drains— Connecting private sewers and drains with 7058 3235 Constructed by City Engineer for Sewerage Com­ mission; payment of 3115 1264 Specifications— Provisions relating to sanitary sewers may be used in 5723 2506 Status of constructed drains 5179 2223 Storm Water Drainage— May be discharged into Chesapeake Bay and tributaries 2926 1190 Storm Water Sewer Contract No. 2 construed.. 7094 3257 Compensation of contractor for excavations in tunnel and trench 4810 2058 .- 4820 2065 4823 2067 . Storm Water Contract No. 3, construed 5720 2503 Storm Water Contract No. 4— Advancement out of 20 per cent, reserve to contractor 7191 3308 System of 2926 1190 Tapping of by abutting owners 5179 2223 Use of by City before completion and accept­ ance from contractor 5398 2332 5399 2333 Variations from specifications by bidder .... 7681 3557 Street Railway and Railroad Tracks— Injury to by improper backfilling of trenches... 9024 4296 Paving near; complaints of defects 8277 3878 Payment of cost of removing and relaying pave­ ment over space occupied by street railway tracks.. , -5734 2514 5737 2516 5737 2516 .- 5742 2518 Realignment of railway tracks due' to settling in backfilled trenches; responsibility for costs... 6711 3036 6718 3041 : 6728 3046 6734 3049 Tracks, etc., in streets; cost of accommodating them to system; liabilities of City and corpo­ rations discussed 3717 1547 JULY 1, 1903—JANUARY 1, 1911 195

NEW SEWERAGE SYSTEM—Continued: Par. Page Street Railway and Railroad Tracks— Tracks on private property; City must bear cost of moving and replacing. 3726 1550 Temporary use of new trunk line and laterals at Forest Park 8990 4279 Use of G-wynn's Falls for house drainage prohibited 5497 2386 NEWSPAPER PUBLICATIONS— See Notices; Advertisements. NICHOLSON STREET— Status of, as a public street 2271 892 NINETY-NINE YEAR LEASES— See Leases. NITROGLYCERINE— Storage of within City limits 118 39 NOISE— See Cleaning Streets, etc.; Nuisances NON-FIREPROOF BUILDINGS— See Buildings. NON-RESIDENT OWNERS— See Nuisances. Notice to abate nuisance on vacant lot of 5796 2544 NON-RESIDENTS— See Advertisements; Insane; Non-Resident Pupils; Notice; Owners of Property; Schools. Children of, residing with City relatives not eligi­ ble for admission as free pupils 6014 2660 May be employed in parks 695 284 Tuition of children of; credit for City taxes 8479 4002 NON-RESIDENT PUPILS— See Adults; Non-Residents; Polytechnic Insti­ tute; Schools. . " Tuition of— Abandoned child residing with putative guardian in City classed as free pupil 6759 3062 Actual members of resident families held not to be ,.' 5002 2145 At Polytechnic Institute; status in day school. . . 8260 3864 Case of William A. League 6759 3062 Children of residents of insular territories ad- " missible in City's schools. 8569 4053 Credit of taxes on tuition— Non-resident in business in City 8479 4002 When allowed 8371 3935 196 OPINIONS OF THE CITY SOLICITOR

NON-RESIDENT PUPILS—Continued: Par. Page Tuition of— > Must pay tuition unless parent is actual resident of City 5304 2281 Ordinance covering held not to apply to em­ ployee of Railway Mail Service on facts stated 6539 2952 Pupil residing with grandparents in City; par­ ents in Cumberland; not a free pupil 6673 3018 Resident guardian must be properly appointed.. 8570 4054 9625 4589

NON-RESIDENT TAXPAYERS— See Wife's Property.

NON-UNION BIDS— See Contracts. i NORTH AYENUE— See Paving. Abatement of drainage nuisance at block 2400 west. . 7694 3562 Car barn at Gay Street; connecting tracks into, do not require ordinance authority... 4930 2113 Curbing around parking; repair of 2763 1115 Extent of obligation relating to and materials of paving for which U. Rys. & Ele'c. Co. is bound under its franchises 4230 1780 Feed wires to fan house of P., B. & W. R. R. Co.; to be placed in conduits 885 350 Franchises authorizing tracks of TJ. Rys. & Elec. Company on .. .• 4229 1779 Obligation of railway company to repave its space between tracks, etc 4786 2045 Obligation of U. Rys. & El. Co. to pave; paving material * 4230 1780 Ordinances granting trackage rights thereon 4227 1777 4789 2046 Railway grade adjustments on.., 1854 726 Ventilating shaft of tunnel at 21 7 W. M. R. R. Co.'s crossing between 3rd and 4th Ave : 280 115

NORTH AYENUE RAILWAY CO^- North Avenue franchise '. 4229 1779

NORTH BALTO. PASS. RY. COT- Laid tracks on Monument Street ' 4977 2133 JULY 1, 1903—JANUARY 1, 1911 197

Par. Page NORTHERN CENTRAL RAILWAY CO.— See Jones' Palls; Steam Railroads. Acts of Assembly and ordinances relating to entry into City 9056 4310 Assessment of its rolling stock 3447 1415 Charter construed ' 7339 3396 Charter history reviewed 9057 4311 9068 4318 City Engineer's report on location of tracks in City 9067 4318 Jones'Falls; title to bed of 176 63 Mt. Vernon Shops; railway company may remove same beyond City limits 9068 4318 'Resume of legislative history relating to its entry into City and its terminal rights and obligations. 9056 4310 NORTH GERMAN LLOYD STEAMSHIP— Persons from, afflicted with infectious diseases... 7547 3497 NORTH STREET— Status of P. R. R. Co.'s tracks on 5556 2411 NORTHWEST STREET— Paving proceedings relating to 283 116 "NOT LESS THAN ONE BLOCK"— Phrase defined 2657 1064 NOTES— See B. & O. R. R.; Stocks, Loans and Finance. NOTICE— See Advertisements; Annex Improvement Com­ mission; Benefits; Bonds; Condemnation of Property; Contractors; Contracts; German Newspapers; Grades and Grading of Streets; Mayor; Nuisances; Sureties; Taxation of Property; Topographical Survey Commis­ sion. Adjoining Owners; application for pier extension. . 7907 3669 Advertisements of—• Error in; remedy of City 7674 3553 Ordinance for opening, etc., streets; status of, substituted ordinance 3905 1629 Assessment of property in Annex 249 98 Awnings, removal of 4310 1816 7576 3507 Dangerous and unsafe buildings 8434 3975 Dangerous excavation; erection of fence 324V 1328 i 198 OPINIONS OF THE CITY SOLICITOR

Par. Page NOTICE—Continued: Drainage adjustments in grade changes; notice to owners not required 1929 757 Electrical Conduits; to place overhead wire in... 7988 3709 Form of; ordering repair of bulkhead 4673 1986 German Newspapers— Of grade establishments 5257 2258 Publication of in 5444 2360 Grade Establishments and Changes— Number of insertions required 1920 753 Owners not entitled to service of * . 1929 757 Livery Stable; advertisement of application for... 7361 3406 Machinery permits 7677 3554 Milk; adulteration of; to out-of-town shippers of penalties 8660 4106 New Sewerage System— By Commission for removal of obstructions 3720 1548 Under Section 7 of Enabling Act 7394 3420 Non-Resident Owner; legal requisites 5796 2544 Nuisances, Abatement of— Form of notice 1308 500 In streets; summary proceedings 725 295 Owner is charged by 4200 1766 Personal notice indispensable 3635 1507 Private drain in state of; indispensable to hold owner 7163 3293 Proper party as between landlord and tenant... 3835 1599 In sewer; form of and procedure in serving..... 3497 1437 \ In sewer; liability of vendor and vendee of sale pending abatement 4560 1935 Turnpike in state of; proper party to serve 687 282 Where locus in quo is a leasehold 192 70 Number of insertions required 1920 753 Opening, etc., Streets, etc.— Under Section 177, Charter limited to two news­ papers 8001 3714

Paving—• Assessments; publication of unnecessary upon repair of alley 6757 3061 By City Engineer on default of owner 3055 1235 Of passage of paving ordinance; requisites as to advertisement; German newspapers 5318 2289 . Private alleys;; in state of nuisance 4238 1784 JULY 1, 1903—JANUARY 1, 1911 199

Par. Page NOTICE—Continued: Paving— Requisite to charge owner with costs of 3057 1236 To abutter to pave sidewalk; form of 9358 4453 Poles and wires of private corporations; what is reasonable 3011 1217 Railway Tracks— Of disturbance of tracks by City 8184 3827 8192 3832 To remove; sufficiency of; power of Mayor "to rescind requirements of notice 5424 2349 Sureties on Bonds— Of default of contractor 9177 4370 To secure certificates of deposit; when unnec­ essary 330 140 Tax Sales— Requirements of City Charter 7305 3377 Requisites of valid notice. 2983 1207 Sufficiency of grounds to withdraw sale 2953 1195 To Tenants- May be waived by tenant 2455 975 Of Druid Hill Park Mansion House • 2450 974 To dispossess tenant on City property 2522 1006 When defective; effect 2454 975

NUISANCES— See Advertisements; Alleys; Annex; Ap­ peals; Assessments; Board of Estimates; Cellars; Dogs; Gutters; Health; Leases; Minors; Municipal Subways and Conduits; Notice; Oils; Ordinances; Paving; Permits; Private Streets and Alleys; Sewers and Drains; Streets,, Highways, etc. Abatement of— City Engineer; powers as to street nuisances... 2402 955 Cost of Abatement— Alienation subsequent to notice; liability of former owner 4560 1935 Alienor of property remains liable for cost of abating nuisance 4385 1852 Previous survey unnecessary to establish lien for 5796 2544 Removal of sewer obstruction at expense of party responsible 4097 1717 Sewer built to abate; property owners liable for • 7694 3562 / 200 OPINIONS OF THE CITY SOLICITOR

Par. Page NUISANCES—Continued: Abatement of— Funds Available for— Defective drainage; Annex Improvement Loan not available for; proviso 7084 3252 Payment of 7164 3293 Grading and Paving to Abate— Private alley; work done in error; claim for damages 7148 3282 Powers of City as to 6551 2956 • In Specific Cases— Annex; drainage nuisances in 1825 710 Back Yards; nuisances in 983 385 Cellars— Flooding of, by underground water 6441 2892 Water in; use of cellar drainer; abatement of water charge 8477 4001 Drains emptying in conduits 3820 1591 Drains; where no sewer exists ,... 1438 550 Garbage Dumps 1428 546 House Drainage— Accumulation of; connection with New Sew­ erage System 9260 4409 Emptying in street 9533 4545 Owner flooding gutter with 7039 3225 Manure; accumlation of 1924 754 Privy well overflowing; joint owner in in­ sane asylum 8256 4407 , Property seized by Federal authorities 9294 4427 Waste water; disposal of 1803 697 Well in middle of, street 2402 955 Where origin is on adjoining lot; procedure... 8263 3867 Paving to Abate. See Paving. Assessments for— All property binding on alley liable for 8154 3811 Collection of ' 4721 2011 Mode of assessing cost when nuisance does not extend to or beyond center line of street or alley 7784 3603 JULY 1, 1903—JANUARY 1, 1911 201.

Par. Page NUISANCES—Continued: Abatement of— Paving to Abate. See Paving. Of alley; area required to be paved; cost; abutting owners; retaining wall 4535 1921 Of alleys, etc.; power of City to require sub­ stantial paving 3677 1529 Of Morton Alley; duty of property owners to protect alley upon change of grade 4765 2033 Of Private Street or Alley 3262 1337 6551 2956 Assessments for 4721 2011 Binding on school property; duty of City Engineer 4044 1691 City has no authority unless in state of nuisance 8104 3774 To be graded only if necessary 9036 4302 Public Alleys; cost of 4776 2039 Streets in state of 137 46 -140 48 Area necessary only to abate nuisance, to be paved; retaining wall not "abutting prop­ erty"; assessment of cost 4535 1921 Powers, Duty and Authority of City— Annex; public nuisances in. 7084 3251 Arrest of wrong party; City's liability 1080 424 Arrests in; effect of appeal to Court 2729 1099 Blasting; scope of City's restraining powers in use of explosives .'... 8635 4092 By revocation of permit 5095 2183 Boxed drain in state of; authority of City official to change situs of drain and charac­ ter of construction as means of abatement.. 3489 1434 Construction of sewer to effect; cost; connec- . . tion for owner of property 5033 2157 7694 3562 202 OPINIONS OF THE CITY SOLICITOR

Par. Page NUISANCES—Continued: Abatement of— Powers, Duty and Authority of City— Drainage— City may require wells to be sunk 2375 940 Defective; conditions in alley due to lack of uniformity in grades of pavements 5643 2458 Refusal of permit for if nuisance may be created by 2865 1161 Drain constructed to abate 5033 2157 Forcible entry and inspection of suspected premises 5856 2576 Liability of City for permitting nuisance to continue : 6040 2671 Nuisances cannot be so held by declaratory legislation :. 642 265 Pending suit may affect 1312 502 Permits for work or construction menacing public health 3696 1537 Powers of City relating to nuisances 3268 1340 5063 2170 6551 2956 Remedies for '. 1298 496 Unlawful use of alley an indictable offense... 4783 2043 > When of intolerable character; procedure sug­ gested 2729 1099 When on property in custodia legis 343 148 Where source is within City's limits 3658 1520 Who should initiate proceedings... 1298 496 Proper Parties to Abate— Landlord, tenant or occupant 5968 2634 Landlord and tenant; their liability for 3836 1599 5171 2218 Landlord; when required to abate nuisance.. 5968 2634 Liability of owners for maintaining; obligation as to party drain 6823 3100 Nuisances in Turnpikes; abutting owners.to abate ... 686 281 Occupier of premises proper party to proceed against if owner cannot be found 1084 425 JULY 1, 1903—JANUARY 1, 1911

Par. Page NUISANCES—Continued: Abatement of— Proper Parties to Abate— On leased premises; liability of landlord and tenant 5171 2218 On property held by receiver pendente' lite.... 343 148 Ordinance requirements affecting landlord and tenant of premises 5173 2219 Owner and occupier both responsible for 3272 1342 Owner cannot escape liability for cost of abatement by assigning property 4385 -1852 Owner of leasehold interest chargeable with.. 2580 1031 Owner of property is, when 5968 2634 9288 4424 Ownership or title of property not important. 7983 3706 Owners of property where nuisance is not • attributable to negligence of City > 6440 2892 Private Sewers; owners of must abate nui­ sance in 3919 1635 4182 1759 Privy well overflowing; joint owner non com­ pos mentis .' 9256 4407 Process may be against owner or occupier or agent. . 7982 3706: Stoppage of drain; party to abate 1084 425- Tenant or occupier of premises should first be' proceeded against 3273 1342; Beyond City Limits— Breaking of sewer .....'. 4655 1979' Co. Comm'rs. of Balto. County; should abate

nuisances of county origin ; 4658 1980' Jurisdiction of State Board of Health '.-. 1306 5001 Privies; nuisance from overflow; where origin is 1298 49fr When abatable by City authorities . 3658 1520> Where origin is 4657 1979) Commissioner of Health— Must abate nuisances on default of property owner •..•...• 9261 4409 No action by City until he declares nuisance to exist ;. 3269 1340 Penalty for interfering with in abatement of 8264 3867 204 OPINIONS OF THE CITY SOLICITOR

Par. Page NUISANCES—Continued: Commissioner of Health— Powers, Duty and Authority— Possibility of; prevention of by 310 131 8082 3764 To abate nuisances .' 296 124 724 295 1924 754 3845 1602 5339 2298 To forcibly enter and inspect suspected prem­ ises 5856 2576 Procedure of, in abating 724 295 1924 754 9533 4545 Suspected premises; procedure of to gain entry. 3843 1601 5856 2576 8263 3867 May be enjoined by owner of property specially affected 1298 496 Notice to Abate— Form of; notice in alternative held invalid 1308 500 Non-resident owner; mode of giving 5796 2544 Nuisance in sewer; form and procedure in serv­ ing ". 3497 1437 ' Personal notice to owner or occupier required.. 3635 1507 Proper party, to be served with 3835 1599 To lessee; when proper party 192 70 To owner of private drain 7163 3293 Private Property, Nuisances Affecting— '.*•'! Private Alley— • Collection of garbage when impassable by carts 6750 3057 Summary proceedings 4238 1784 Private Property— * ' City not liable for failure to abate on, when not negligent 187' 68 Condemned wells and springs on 3630 1505 On private property; damages for; remedies. 1979 778 Wells and springs on; abatement of 3630 1505 When City not liable for non-abatement of.... 189 68 JULY 1, 1903—JANUARY 1, 1911

Par. Page NUISANCES—Continued: Private Property, Nuisances Affecting— Private Sewers and Drains— Assignmnet of owner after reception of no­ tice; his liability to abate nuisance still at­ taches 4200 1766 Cost of abating nuisance in 7162 3292 In state of nuisance; repair of 277 112 Owners liable for removal of obstructions creating nuisances; effect of Act 1906, ch. 144 3915 1634 : 4184 1760

Private Streets— ' Abatement of 5023 2153 Pavement in state of 5023 2153 Private; remedy of person suffering injury or dam­ age 4850 2080 Provisions in City Charter and City Code relating to 3490 1434 Public and Private; differentiated.- 5063 2170 Sewage at Forest Park; disposal of 8990 4279 Specific Nuisances— Abattoir a nuisance per se 4419 1864 Accumulation of house drainage in street 9260 4409 Alley in condition of nuisance 3262 1337 Carpet beating not a nuisance per se 1443 552: Cellars— Choking of private drain flooding 6440 2892 6823 3100 ' Flooding of, due to underground drainage.... 6440 2892 Overflow of blind drain; liability of City 6440 2892 Water collecting in 3S45 1602 6823 3100 Cleaning streets; noise from not nuisance per se 4882 2095 • Coal oil and gasoline; keeping of 2042 805 Dangerous excavations adjacent to highways.... 2667 1069 Dangerous traction engine used on street by con­ tractor with City 9679 4616

Drainage— Accumulation of, in open sewer 7694 3562 From distillery in hands of U. S. authorities... 9294 4427 Ground drainage backing up in obstructed party drain; rights and liabilities of owners.. 6823 3100 206 OPINIONS OF THE CITY SOLICITOR

Par. Page NUISANCES—Continued:

Specific Nuisances— Drainage— Obstructing natural flow of water 4095 1716 Overflow of; due to defective grade of alley pavement. 5643 2458 Pollution caused by drainage 3268 1340

Dogs— Barking, howling or biting; abatement of 1623 622 Not nuisances per se.. 1621 622 When a nuisance; remedy 1623 622 When keeping of, is a public nuisance 4844 2077 -

Drains; in State of Nuisance— Boxed drain 3489 1434 Defective alley drainage 5643 2458 Defective; injuring municipal subway; remedy. 2346 927 Defective; remedy for 2446 972 Dispute between property owners as to use of drain 5339 2298 Obstruction to prevent use of, by adjoining property owner, cause of nuisance 5339 2298 Overflow of private drain augmented by in­ creased surface drainage; liability of City... 6043 2672

Private— ...; 277 112 1975 777 2446 972 7162 3292 City not liable for damages created by...... 1975 777 Remedy 2446 972 Excessive discharge of water in alley 4783 2043

Garbage— Conveyance of, in warm weather through City. 2625 1051 Dumps in state of 1428 546 Grading and Paving; nuisance due to overflow caused by 6035 2670

Gutters— Clogging by wire screen 5339 2298 House drainage and sewage in street 9533 4545 JULY 1, 1903—JANUARY 1, 1911 207

Par. Page NUISANCES—Continued: Specific Nuisances— Gutters— Overflow of; kitchen and bath-house drainage 7038 3225 Waste water accumulating in; remedy for.... 2375 940 Obstructions in Streets— Exhibitions amounting to; police to suppress. . 2878 1166 Private Alleys— Impassable by garbage carts 6750 3057 Privy Wells and Cesspools— Jointly serving adjoining properties 9288 4424 In state of; liability of landlord and tenant for abatement of 5171 2218 Nuisance from overflow of 295 123 1308 500 Offensive effluvia from 1298 496 Privies overflowing 2500 block E. Fayette Street 295 123 Refuse in 3452 1460 Quarters of pauper invalid in state of; remedy.. 8824 4186 Sewage— Defective drain emptying in electrical conduits 3820 1591 Pollution of by 5095 2183 Pollution of stream by 4097 1717

Sewers— Backing up of water by obstructing 4095 1716 Blocking of, with refuse materials. 2399 953 Private Sewers. See Private Sewers and Drains. Defective 3120 1267 Wells not properly teed 4185 1760 Smoke. See Smoke Nuisance. Draft of ordinance regulating 7339 3396 From hoisting engines 3236 1325 Street organs and pianos • 5071 2172 Trees in street 4467 . 1891 Threatened or possible nuisances 309 131 310 131 NUMBERS— Of Licenses. See Licenses. 208 OPINIONS OF THE CITY SOLICITOR

Page

See Building Code. Construction of ordinances relating to...;.... 4826 2068 Correct number in making up street assess­ ments by City Engineer 4403 1861 Decimal system of numbering bouses is valid and in force 6517 2939 Effect of New Building Code upon 6516 2939 No general ordinance covering 4826 2068 NURSERY AND CHILD'S HOSPITAL— Act incorporating the, construed 3938 1643 OBLIGATION OF CONTRACTS— Impairment of. See Ground Rents. OBSTETRICAL CASES— See Licenses. Licenses for, when required 6559 2960 Section 4, Article 16, Code (1906) relative to, construed 6558 2960 OBSTRUCTIONS— See Abutting Property Owners; Awnings; City En­ gineer; Cleaning Streets, etc.; Gutters; New Sewerage System; Notice; Nuisances; Sewers and Drains; Sidewalks and Foot­ ways; Streets, Highways, etc.; Trees. Gutters; unlawful use by property owner.... 5891 2593 To proper drainage in Jones' Falls 2758 1113 To new sewerage work in streets 9196 4378 Underground— Locations on contract drawings; when not binding on City 7014 3211 Vehicles in streets; when unlawful 3044 1230 OCCUPANT OF PREMISES— See Nuisances. When required to abate nuisance 5968 2634 ODD FELLOWS— See Benefits. Property of, assessable for Burnt District bene­ fits. 7313 3380 O'DONNELL'S WHARF— See Bulkheads; Docks, Wharves and Piers. OFFAL AND REFUSE— See Garbage, House Offal and Refuse. OFFENDERS, REWARDS FOR— See Rewards. OFFENSIVE EFFLUVIA AND ODORS— See Nuisances. JULY 1, 1903—JANUARY 1, 1911 209

OFFICE— Par. Page See Term of Office. OFFICE BUILDINGS— See Ashes; Buildings; Commissioner of Street Cleaning. Removal of Ashes and Cinders from— Contract of Balto. Sanitary Contracting Company 3682 1532 Not duty of Commissioner of Street Cleaning 6567 2965 Turnstile doors prohibited 2159 850 OFFICE HOURS— See Municipal Officials. Municipal Officials; Mayor may fix office hours of 1667 642 Of City Employees— Department heads may fix. '.... 7194 3309 May receive extra compensation for work after 8019 3724 Of Commissioners for Opening Streets; Mayor may prescribe 7381 3414 What work after, may be compensated 2338 924 OFFICE RENT— See Annex Improvement Commission; City Sur­ veyor. "OFFICERS OF THE CORPORATION"— See Municipal Officials. Term construed 144 50 OFFICES— See City Surveyor. • OFFICIAL DAY— Mayor to fix length of 1666 642 OFFICIALS OF THE CITY— See Municipal Officials. OGIER'S RUN SEWER— See Sewers. Obstruction of mouth of by county authorities; liability of City '. 5150 2207 OILS— See Dangerous Articles; Nuisances; Permits. Benzine, Naptha and Gasoline Tanks— Sale and storage tanks in City 1603 616 Coal Oil and Kerosene— Storage of; laws relating to 2045 805 Explosive and Inflammable— Code provisions relating to 1603 617 Fluids from petroleum, etc 112 38 14 210 OPINIONS OP THE CITY SOLICITOR

OILS—Continued: Par. Page Gasoline— Abstracts of statutes and ordinances re­ lating to Ill 38 Laws relating to storage of in City, con­ strued 2042 805. Ordinance 225 (1905), construed 2542 1015 Illuminating Oils and Fluids— Fire tests for 113 38. License required for sale of 115 39 Manufacture, sale and storage of Ill 38. Provisions of law relating to storage and per­ mits therefor, reviewed 4602 1953 When keeping of a nuisance 2044 805. OLD BUILDINGS— See Buildings; Stables. Removal of. See Contracts. OLD LIBERTY ROAD— Abutments of W. M. R. R. Co. on and tracks of over 2805 113a OLD MATERIALS— See Board of Awards; City Engineer; Materials; Paving. OLD METALS, SCRAP IRON, ETC.— See Materials. "OMITTED PROPERTY ASSESSMENTS— See Taxation of Property. Definition of terms 1878 736, OMITTED TAXES— See Taxation of Property. OPEN AREAS AND AREAWAYS— See Permits; Vaults and Areas. OPEN AIR PERFORMANCES— See Exhibitions. OPEN CUT AT CHARLES STREET— See Balto. Belt R. R. Co. OPENING BEDS OF STREETS— See Permits; Streets, Highways, etc. OPENING OF BIDS— See Contracts. OPENING STREETS, COMMISSIONERS FOR— See Commissioners for Opening Streets. Duties of, defined 2849 1155- OPENING, ETC., STREETS, ETC.— See Annex; Annex Improvement Commission; As­ sessments; Benefits; Cemeteries; Condem­ nation of Property; Ordinances; Streets, Highways, etc.; Western Cemetery. JULY 1, 1903—JANUARY 1, 1911 211

Par. Page- OPENING, ETC., STREETS, ETC.—Continued: Advertisement of Ordinance; advertisement of original held sufficient for substitute ordi­ nance 3905 1629^ Condemnation notices in two newspapers suffi­ cient 8000 3713 Deviation from plan of Topographical Survey; cemetery extending in bed of Bentalou St.. 4131 1735 Houses lying in bed of proposed street; pay­ ment of damages for 4635 1968 Lien of benefits to be certified by City Register. 1964 773 Paving provisions in ordinance for, to include sidewalk paving 2907 1179 Proper legal procedure outlined 9753 4655 When payable for buildings in bed of street to be opened 4635 1968 "When proceedings cannot be abandoned 7795 3607

OPEN MARKET— See Contracts.

OPINIONS OF CITY SOLICITOR— See City Solicitor; Grades and Grading of Streets.

ORDERS— See Contractors.

ORDINANCES— See Abattoirs; Advertisements; Appropriations; Architects; Balto. Terminal Company; Belvieu Avenue; Blasting; Board of Esti­ mates; Building Code; Burnt District; City Surveyor; Contracts; Damages; Dan­ gerous Articles; Dedication; Dogs; Elec­ trical Work; Elevators; ; Fines and Penalties; Fire De­ partment; Franchises and Grants; Gar­ bage, House Offal and Refuse; German Newspapers; Grades and Grading of Streets; Gutters; Licenses; Locomotives and Cars; Magazines; Minor Privileges and Franchises; Municipal Pole System; Mu­ nicipal Subways and Conduits; Notice; Nuisances; Paving; Permits; Private Streets and Alleys; Public Comfort Sta­ tions; Registered Voters; Salaries; Stocks, Loans and Finance;, Streets, Highways, etc.; Titles. .212 OPINIONS OF THE CITY SOLICITOR

Par. Page ORDINANCES—Continued: Construed— 1797—April 24 6653 3007 1798—March 19 6653 3007 1836—Ordinance 42— Railroad tracks connecting with B. & O. authorized by 7737 3581 1837—August 2. (Revised Ordinance 1838, p. 188). 6380 2859 1838—Ordinance 9, May 22 6653 3007 1839—Ordinance 47, April 23— Copy of ..-• 2284 898 Relating to Franklin Square 2336 923 1844— Ordinance 32, April 13; copy of 2289 902 1859— Ordinance 44, March 28 3184 1300. ; 3812 1586 9808 4690 1861— • Ordinance 17, April 18 2292 904 1865— Ordinance 31, May 18 9061 4314 • 1866— Ordinance 88, October 15 ' 3306 1357 1869— Ordinance 36, May '29 2083 818 1870—January 31 .' ; 172 62 1874— Ordinance 113, October 24 .' 7214 3321 1879— Ordinance 77, July 5 3814 1587 1880— Ordinance 16, March 8 - 3814 1587 Ordinance 47, April 5 3814 1587 Ordinance 115,, May 25 3814 1587 4973 2132 4979 2134 Ordinance 34 6211 2766 Ordinance 150, October 25, cited 6211 2766 6215 2768 Section 11, construed 8221 3844 ' .1881— . Ordinance 7, cited 785 317 Ordinance 22, March 15 4979 2134 Ordinance 57, April 27, cited 3475 1427 Ordinance 57, April 27 9078 4324 Ordinance 95, May 18 7066 3421 JULY 1, 1903—JANUARY 1, 1911 213

Par. Page ORDINANCES—Continued: Construed— 1882— Ordinance 91, May 25— Water Loan Ordinance 513 215 Section 3 8488 4007 Ordinance 119, October 19 6378 2859 Sections 2, 3 438 189 1883— Ordinance 110, October 22 389 169 1884—. Ordinance 24, March 26 4979 2134 J Tracks of N. Balto. Pass. Ry. on Monu­ ment Street 4977 2133 Ordinance 114, May 29 9078 4324 1886— Ordinance 78 4827 2069 6516 2939 Ordinance 82, June 3, Section 3 8488 4007 Water Loan Ordinance, construed...... 513 215 1889— Ordinance 23, April 5 124 42 8752 4152 Ordinance 26, May 29 2 1 21 7 Ordinance 41, May 9, Sections 1, 2 454 195 Resume of decisions of Court of Appeals construing. . . . 2708 1089 Ordinance 130, June 18, cited 4227 1777 1890— Ordinance, April 15 9465 4508 Ordinance 83, May 14 1860 728 Ordinance 83, 84, May 14 5157 2211 Ordinance 85— Abstract from, relating to Guilford Ave. Bridge near 26th St 2462 979 Ordinance 133, June 11 6379 2859 9658 4606 Section 8 438 189 Is repealable 9667 4609 Ordinance 156, July 9 8528 4029 Ordinance 159, July 30, cited 4227 1777 1891— Ordinance 12, March 12 7790 3606 Ordinance 23, April 8 4789 2046 Cited. 3814 1587 4227 1777 214 OPINIONS OF THE CITY SOLICITOR

-ORDINANCES—Continued: Par. Page Construed— 1891— Ordinance 79, May 9— Bolton Square; legislation affecting 479 204 Ordinance 139, October 7— Printing of City Code (1893) 401 174 1892— Ordinance 2, November 25.. 9365 4455 Ordinance 15, February 23, cited 2825 1141 Ordinance 19, March. 2 3476 1427 Ordinance 51, April 18— Bolton Square; Park Board jurisdiction. .. 478 203 Ordinance 100, October 7 3925 1638 Cited 303 133 / 2816 1139 3979 1663 Ordinance 109, October 17 4614 1958 As to liability of railway company for cost of removing its tracks in building of Edmondson Ave. Bridge. 4391 . 1855 1893— Ordinance 33, March 18 209 78 Ordinance 50, March 24 209 78 Ordinance 71, cited 785 317 Ordinance 98, April 26 3925 1638 Cited 314 133 Ordinance 106, May 1, cited 2816 1139 Ordinance 108, May 1 1108 434 Ordinance 121, May 4 8220 3844 Ordinance 187, May 7 1108 434 Ordinance 115, May 12— Lease of old "W. P. High School building as armory 2520 1006 Ordinance 214, October 14, cited 2816 1139 Ordinance 2, December 1 140 48 1894— Ordinance 8, February 13, Section 15A 582 244 Cited 3045 1230 Ordinance 13, February 24 9365 4455 Ordinance 16, March 1, cited 1208 470 Ordinance No. 23, March .20 1801 ,696 Ordinance 31, March 27 6871 3128 Ordinance 34, April 2 . 8719 4137 Ordinance 37, April 7 290 120 Ordinance 40, April 7 2603 1042 Ordinance 49, April 16, cited 2817 1139 Ordinance 68,. May 11, cited r 9225 4393 JULY 1, 1903—JANUARY 1, 1911 215

ORDINANCES—Continued: Par. Page Construed— 1894— Ordinance 88, May 18— Bolton Square; legislation affecting 478 203 Ordinance 116, June 13 195 72 1760 676 • Ordinance 117, June 25 1844 720' 4009 1677 1895— Ordinance 21, March 7, cited 316 134 . . 3979 1663 Ordinance 15, March 18, cited 3190 1303 Ordinance 34, April 16, cited 2817 1139 Ordinance 36, April 20 4614 1958 Tracks on Bdmondson Ave. of Edmond- son Ave., Catonsville and Ellicott City Electric Ry. Co 7648 3542 Ordinance 71, May 17— Relating to bonding of City Engineer and assistants .• 805 322; Ordinance 107, June 12, cited 2818 1139 Ordinance 116, July 18 2610 1045 Ordinance 116, July 18— Awning permits 3510 1444 1896— • Ordinance 11, March 3, cited 7649 • 3542; Ordinance 27, March 9 196 72 Ordinance 96, Map 16, cited 2819 1139 Ordinance 104, June 10 1936 760 Ordinance 106, June 16 2265 ' 890< Ordinance 108, June 22 8404 3954 Ordinance 110, July 1, cited 2819 1139 Ordinance 115 1752 673 3341 1375 3459 1420 3644 1513 Ordinance 120, July 25, cited 2820 1140 Ordinance 124, Juyl 27, cited 7649 3542; Ordinance 129— Market stalls licenses, construed 3547 1464 1897— Ordinance 9, December 9 1628 625 1752 673 3813 1587 5760 2524 Cited. . 3462 1421 Not to apply to paving under Annex Im­ provement Act .: 6332 2826. 216 OPINIONS OF THE CITY SOLICITOR

Par. Page •ORDINANCES—Continued: Construed— Ordinance 31, April 11 6418 2879 Held ultra vires and void 5373 2314 Held invalid except as to part covering sub-contracts 6182 2750 Ordinance 107, April 25 3787 1574 3821 1592 Ordinance 108, April 25 3821 1592 Ordinance 96, June 15 2724 1095 Ordinance 74, June 28, cited 3814 1587 Ordinance 101, June 30 ' 1628 625 3813 1587 Ordinance 106, August 25, cited.. 2820 1140 Ordinance 107, August 25 44 14 Cited 2821 1140 Section 1 8781 4167 Ordinance 108, August 25 3787 1574 Cited 2832 1140 Ordinance 114, November 11 1350 521 Ordinance 117, November 15 1018 . 402 Ordinance 129, December 3130 1271 • 3142 1276 3518 1448 3926 1638 3980 1663 Cited 317 134 System of street grades, construed 3512 1446 Ordinance 137, December 30— Ordinance repealing 894 353 1899— Ordinance 41— Construed as to laying of C. & P. conduits under St. Paul St: Bridge 3437 1411 Ordinance 147, January 20, cited 1179 460 Ordinance 148, January 20, cited. 1179 460 Ordinance 165, February 24 6514 2938 8919 4243 ..! 9387 4467 Ordinance 169, March 7... 3814 1587 Repealed by Ordinance 11, November 20, 1899 - • 2433 966 'Ordinance 172, March 21 301 126 Ordinance 173, March 27 1844 720 Ordinance 184, April 6 302 126 Ordinance 195, April 22... 6517 2939 Ordinance 197, April 25... •. 114 38 JULY 1, 1903—JANUARY 1, 1911 217

Par. Page ORDINANCES—Continued: Construed— 1899— Ordinance 201, April 27— Title defective, but held valid 1027 405. Ordinance 211, May 13, Section 76 2735 1101 Ordinance 2, September 11 2322 917 Ordinance 11, November 20 2433 966 Ordinance 16, December 1 350 151 Ordinance 28, December 29— Ordinance repealing 890 352; Ordinance 29, December 29, cited 2825 1141 1900— Ordinance 43, April 10, cited 1180 460 Ordinance 44, April 10, cited 1180 460 Ordinance 49, April 11 2906 1178 Ordinance 51, April 23— Relating to dock at Webster Street 8148 3807 Ordinance 54, May 9 4267 1797 Ordinance 79, November 30, cited 439 189 Ordinance 81, December 10, cited 2822 1140' Ordinance 83, December 8 769 312 Ordinance" 95, December 21, cited 1181 460' Ordinance 98, December 21, cited 1180 460' 1901— Ordinance 69, valid 3542 1460- Ordinance 100, January 15 2611 1045. Valid 240 93 Sections 66A, 66B 2993 1211 Ordinance 101, January 15, cited 2823 1140' Ordinance 107, February 27, cited 1181 460 Ordinance 118, April 26 6321 2825 Referred to. 7125 3272; Ordinance 127, May 2 : 347 150 Ordinance 144, June 20 6330 2825' Ordinance 12, December 12, cited 1182 461 1902— Ordinance 28, January 31, valid 162 58 Ordinance 40, March 17 159 57 917 363. 2585 1033 Section 2 4699 2000 Ordinance 44, April 15 6321 2825 7811 3614: Referred to 7125 3272 Ordinance 51, May 2 2031 799 9365 4455. 218 OPINIONS OF TJ:IE CITY SOLICITOR

ORDINANCES—Continued: Par. Page Construed— 1902— Ordinance 52— Payment of the purchase price of City's interest in the W. M. R. R. Co 4919 2110 Ordinance 56, May 13 2146 846 Ordinance 59, May 29, invalid 227 86 Ordinance 65, June 9, valid. 162 58 Ordinance 69, June 10 2399 953 Ordinance 72, June 11, cited 1120 440 Ordinance 73, June 11, valid 162 58 Ordinance 81, July 25 5158 2211 Ordinance 82, July 25 4155 1746 Cited. . 188 68 Ordinance 83, July 31 349 151 Ordinance 86, October 14., 2396 951 Cited 3173 1293 Ordinance 87, October 15, cited 2823 1140 3173 1293 Ordinance 89, October 15 348 151 Ordinance, October 24— Account Elks' Convention 382 165 Ordinance 105, December 17 • 413 180 Ordinance 109, December 23, cited 1183 461 Ordinance 112, December 23 524 219 Cited..., 1183 461 1903— Ordinance 137, March 25, valid 162 58 Ordinance 143, April 21, valid '. 162 - 58 Ordinance 148, May 8; referred to 7125 3272 Ordinance 149, May 8, cited 9331 4443 Ordinance 155, May 8, Section 1 , 603 252 Ordinance 15, October. 23, valid 848 337 ; 1904— Ordinance 17 4447 1882 Ordinance 125, January 5. 4070 1706 Ordinance 89, January 6 9051 4307 Ordinance 40, January 11— Legal form and sufficiency approved 848 337 Ordinance 116, January 23.. .• 6984 3197 , Ordinance 54, March 10, Section 79. 2159 850 Ordinance 57, March 17 1308 500 3272 1342 .3491 1435 3634 1507 3835 1599 Validity questioned 3835 1599 JULY 1, 1903—JANUARY 1, 1911 219

Par. Page ORDINANCES—Continued:

Construed— 1904— Ordinance 116, June 23; street grades 3515 1446 Prdinance 58, March 17 2625 1051 Garbage contract; effect on 2625 1051 Conveyance of garbage, etc., through City. 1063 418 Ordinance 59, March 18 : 4027 1684 Ordinance 63, March 21 2693 1082 Section 13 R 2085 819 Ordinance 64, March 30— Its proper form indicated 890 352 Ordinance 69, April 16 1628 625 Cited ' 3138 1274 Ordinance 71, cited 3173 1293 Ordinance 74, May 10 1815 704 Ordinance 76, May 18 2152 848 3617 1500 3848 1605 Section 3 3617 1500 Ordinance 86, May 31 :... 74 26 Ordinance 89, Section 5, amended 9041 4304 Ordinance 91, June 7 1628 625 Cited : 3138 1274 Ordinance 92, June 13 1746 670 Ordinance 111, June 22 9365 4455 Ordinance 116, Jnne 23; street grades 3515 1446 3520 1449 Ordinance 116, June 23 2900 1176 Cited 3126 1270 , 3138 1274 Ordinance 125, July 5 ! 3189 1302 7744 3585 Water rates for charitable institutions... 4339 1832 Ordinance 149, November 10 5977 2639 Ordinance 157, November 29 4875 2091 9520 4539 Ordinance 161, December 1— Fentress & Medairy heat and electric light franchise 5768 2529 1905— Ordinance 193, February 6— Permit granted under 2593 1037 Ordinance 198 . : 2351 929 Ordinance 208, February 21 2574 1028 220 OPINIONS OF THE CITY SOLICITOR

Par. Page

Cited 2895 1174 3173 1293 3597 1490 4058 1698 6324 2826 ..: 7076 3247 7812 3614 7899 3666 . . 9573 4564 Ordinance 217, March 6 2905 1178 Ordinance 225, March 20, 1905 9117 4344 Clause "for domestic purposes" 2542 1015 Ordinance 227, March 20 4057 1698 Ordinance 228, March 20 3579 1481 Cited 3173 1294 Ordinance 229, March 21; cited 3049 1232 Regulating blasting 4521 1914 Cited 4836 2073 8612 4079 8637 4093 Ordinance 238, April 19 2980 1205 6206 2763 Cited 6217 2769 Ordinance 229, May 21 ..' 8691 4123 Ordinance 245, April 24 8500 4013

Ordinance 2, June 14— t Lighting of private streets 2590 1036 Ordinance 327, July 5— Water Rate provisions, construed 2330 921 Ordinance 9, September 20 - 4862 2086 Ordinance 13, October 23 3262 1337 , 3503 1441 '. 3677 1529 4722 2012 ..' 8153 3811 Ordinance 15, November 6 :•...' 3250 1332 Ordinance 19, November 8 * 6490 2926, 1906— " • Ordinance 61, January 16 3962 1655 Ordinance 64, January 25 .'. 3431 1409 Ordinance 77, February 26 5840 2566 Ordinance 107, March 30 6019 2662 Ordinance 229, March 21 4744 2023 JULY 1, 1903—JANUARY 1, 1911 221

ORDINANCES—Continued: Par. Page Construed— 1906— Ordinance 121, April 23— Ordinance repealing in part, invalid 5087 2179 Ordinance 123, April 27; as to Section 6 3594 1488 Ordinance 126, May 7 6019 2622 Ordinance 129 •. 4423 1870 Ordinance 151, June 15 4778 2040 6324 2826 8178" 3824 Ordinance 160, June 19 6269 2800 Ordinance 177, November 20; Section 3 4271 1799 Ordinance 186 : 4630 1964 1907— Ordinance 205, January 7— Relating to acceptance of Maine Avenue.. 4277 1802 Ordinance 211, January 28; Section 51 6951 3182 Ordinances 239 and 240, March 22 9568 4562 9573 4564 Ordinance 276, May 13 6687 3025 Ordinance 283, May 20 ....."....' 9520 4539 Ordinance 284, May 20 ,.. 8280 3880 Ordinance 5, July 5...... 7392 3419 ...... ;.. 7921 3676 Ordinance 18, October 15 5710 2496 Ordinance 24, October 15; invalid...... : . 5087 2179 Ordinance 46, December 2 '. 7971 3701 1908— , Ordinance 103, March 6 6389 2863 Ordinance 98, May 4 : 8932 4249 Ordinance 103, May 6; Section 55D 8660 4106 Ordinance 108, May 7 6348 2839 Ordinance 109, May 7 7595 3519 Ordinance 107, May 8 9280 4420 Ordinance 116, May 18 6988 3197 Ordinance 118, May 18; Section 4 • 6678 3021 Ordinance 121, May 18 7366 3408 Ordinance 126, May 21 6578 2969 7156 3289 9740 4648 Ordinance 127, May 21 6577 2969 Ordinance 134, May 22— Lease to United Fruit Co., Pier 1 6473 2916 Ordinance, May 22— Lease to B., C. & A. Ry. Co., Pier 1 6473 2916 Ordinance 134, May 22; Section 5 7911 3671 Ordinance 139, June 4; Section 4 9174 4368 Ordinance 142, June 4 9573 222 OPINIONS OF THE CITY SOLICITOR

Par. Page ORDINANCES—Continued: Construed— 1908— Ordinance 158, June 27— Repaving obligation of B. & O. R. R. Co.. . 6966 3191 Ordinance 169, July 2 '..'.. 6578 2969 Ordinance 178, July 7; valid 6605 2984 Ordinance 189, July 14 8136 3799- Ordinance 107, August 25 7989 3709 Ordinance 129, December 3 6977 3195 1909— Ordinance (Traffic Ordinance); also Section 3 of Article 4 (C6de 1906) 7725 3570 Ordinance 243, January 25 9190 4375 Ordinance 249, February 1. 7236 3332 Ordinance 293, April 10 7758 3592 Ordinance 360, July 13— Publication of, required 8009 3718 - Section 19E 8679 4118 Ordinance 387, August 16— As to cost of necessary drainage 9423 4488 1910— . , Ordinance 103,.January 16; cited 7649 3542 Ordinance 447, February 21 8917 4243 8929' 4248 Ordinance 478, April 19 9816 4893 Ordinance of Estimates. See Advertisements; Ap­ propriations; Board of Estimates; City Property; Municipal Statistician. Advertisement of—• Legal effect of improper 3967 1657 Requisites of a valid 3966 1657 Appropriations made by— Availability of unexpended 4002 1672 For Public Athletic League 9836 4707 For purposes indefinitely stated unlawful.. 3580 1481 Grading and paving; to be appropriated to City Engineer 1451 555 Must not be exceeded 7043 3227 Paving of streets; confirmatory ordinance unnecessary 8760 4157 Surplus from; cannot be disbursed as ex­ tra compensation; exception 5456 2367 To include park purposes 2177 858 Board of Estimates; powers of relating to 85 31 Charter provisions relating to '85 31 City Council; powers relating to 88 31 JULY 1, 1903—JANUARY 1, 1911 223

Par. Page ORDINANCES—Continued: Ordinance of Estimates— Municipal Employees— Salaries of; limiting effect 4299 1811 Payments not covered by, invalid 3573 1477 Procedure in making up 3193 1304 Public Bath Commission; salaries of employees may be fixed in 4267 1797 Sewers, Appropriations for— Insufficient authority for construction.... 2099 825 Warren Manufacturing Co.'s Property— Amendment of ordinance in re valid 8520 4024 Water Loan sinking funds 513 215 What legislation it may properly include.... 80 30 287 118 Relating to Ordinances generally— Advertisement of; minor privileges; when un­ necessary 4177 1757 Amended Ordinances; reference to Board of Es­ timates and Board of Public Improvements. 4102 1720 Amendments to. See City Council. Appropriation for work previously done and paid for in fees, invalid 5020 2152 Appropriating Money. See Appropriations. For lot and building to replace School 22, construed 6678 3021 For schools and engine houses declared valid 165 60 Certification of, in absence of President of First Branch 6162 2739 City departments must comply with all valid ordinances 5371 2313 For Condemnation and Closure of Streets; in­ troduction of new ordinance 6499 2930 Duty of City Solicitor relating to 5685 2480 Fines imposed by, not to exceed $500 7348 3399 General Ordinances— In conflict with special 6476 2917 Repealed by special 2236 881 Granting Franchises— Clauses required to incorporated by Char­ ter 2116 833 Street paving obligation of railway com­ pany fixed by terms of 4224 1775 Invalidity of; no presumption of 5371 2313 May become void by laches 8136 3799 224 OPINIONS OF THE CITY SOLICITOR

ORDINANCES—Continued: Par. Page Relating to Ordinances generally— Opening Streets— Differentiated from those providing for . grading and paving 7793 3606 Reading of; not necessary; when 104 35 , Repealing Ordinances— Form of, where part of original ordinance is to be affected 890 352 Suggestions as to proper form of 890 352 Title should disclose subject-matter 82 30 288 118 Defective, but upheld 1027 405 Unfavorably reported under Section 85 of Char­ ter 4101 1719 Violation of, by claimant for damages against City; status of claim 2742 1104 Relating to various subject-matters— Anti-cobblestone ordinance, construed 9387 4467 Artesian Well— Appropriation for, in Riverside Park 2177 858 Bed of Street; ordinance authorizing accept­ ance; when title vests k- • • 2099 . 825 Bill Boards near park; prohibiting; invalid... 5962 2631 Blasting; ordinance regulating 4521 1914 Condemned Fruit; removal of 9389 4468 Dogs running loose in streets '. 5659 2466 Electric Meter ordinance to be published....:. 8009 3718 Grade crossings of B. & O. R. R 9265 4411 Lamps; installation on private streets 361 155 Mosquito ordinance held invalid 363 156 Municipal Buildings; plans for 5714 2498 Municipal Pole System; construed 3291 1351 Non-Resident Pupils; tuition of 5304 2281 Nuisances; relating to 5173 2219 Park Buildings; acceptance of plans by 5714 2498 Pier ^2—Lease; construed 6577 2969 Pier 3—Lease of; construed 5327 2292 Plant exemptions to manufacturing industries. 794 319 Police and Fire Alarm; establishing 2815 1139 Private Bulkheads; repairs to; draft of 7760 3593 Private Institutions, appropriations for ultra vires; remedy of taxpayers 4496 1906 Private Street; acceptance by 5884 2589 Public Comfort Stations— In Centre Market 5269 2262 In beds of streets; valid 4519 1913 Trading Stamps; proposed "Hoffman" ordi­ nance held invalid , 8453 3986 JULY 1, 1903—JANUARY 1, 1911

ORDINANCES—Continued: Par. Page • Relating to Various Subject-Matters— Well Water- Relating to condemnation 8427 3970 Widening of St. Paul Street (No. 145) 2907 1179 ORGANS AND PIANOS— See Street Organs and Pianos. ORNAMENTAL TREES— See Trees. OSTEND STREET— B. & 0. tracks at Ridgely Street; raising grade of 1850 724 Crossing of railway tracks at Ridgely Street. . 7366 3408 Paving of railway tracks between Leadenhall and Race ....' 8280 3880 Poles in; subject to pole tax 7932 3681 OUTFALL SEWER— See Contracts; New Sewerage' System; Sewers and Drains. OUT-OF-TOWN BANKS— See Contracts. OUTSIDE LABOR AND EQUIPMENT— Employment of, by City Engineer; basis of com­ pensation 6118 2715 OUTSIDE OPEN AREAS— See Vaults and Areas. Prohibited 2407 957 OUTSIDE WORK— See City Engineer; Employees; Municipal Offi­ cials. OVER-ACCUMULATION OF SINKING FUNDS— See Stocks, Loans and Finance. OVERFLOW OF SEWERS AND DRAINS— See Nuisances; Sewers and Drains. OVERHEAD WIRES AND CONSTRUCTION— See Electrical Work. OVERLOADING OF BRIDGES— See Bridges. OVERTIME— See Hours of Labor. OWNERS OF ABUTTING PROPERTY— See Abutting Property Owners. 15 - 226 OPINIONS OF THE CITY SOLICITOR

OWNERS OF PROPERTY— Par. Page See Abutting Property Owners; Alleys; Annex; Block Street Drawbridge; Burnt District; City Engineer; Condemnation of Property; Drainage; Easements; Fences; Front Foot Rule; Gutters; Grades and Grading of Streets; Kerbing; Markets;' Municipal Subways and Conduits; Notice; Nuisances; Paving; Private Streets and Alleys. Abutting Owners— Alleys to be kept clean by 2010 791 Grading of street by; conditions 910 359 Same as to Cleaveland Street 6617 2989 No compensation incidental to mere change of grade'; legislative authority necessary 6565 2964 Adjoining Owners—• Adjoining Property; underpinning of 2415 960 Buildings of, condemnation of 375 162 Frame shed used as stable; must assent.. 5427 2351 Underpinning of party walls; depth re­ quired 2886 1171 Footway in Annex; injury to 7133 3276 Gas Company— May compel it to furnish gas to new ter­ ritory • 3604 1493 Grade Changes— ' Must shore up property in 4765 2033 Grades of Streets; established on application of 6975 3195 Nuisances, Abatement of— Claim for compensation for work of, grad­ ing alley ... 7148 3282 Paving of street in front of property. 6513 2937 Peck's Branch; assent to diversion of bed.... 8515 4051 Piers in Harbor; old and unused; removal.... 9267 4412 Private Streets and Alleys— Paving of by; jurisdiction of City Engi­ neer 8104 . 3777 Private Water Mains— Right of City to compel abandonment and connection with public mains 7612 3527 OYSTER MEASURES— See Inspections; Weights and Measure's. Foreign and domestic shipment measures to be sarne...^ 2968 1201 OYSTER SHELLS— See Garbage, House Offal and Refuse. Conveyance' of, thrqugh City; permit required. 1072 421 JULY 1, 1903—JANUARY 1, 1911 227

PAPER STREETS— Par. Page See Annex. PARENTAL SCHOOLS— See Schools. Statutory authority required to establish out­ side City limits 9046 4306 PARK BOARD— See Arbitration; Contracts; Employees; Leases; Mt. Royal Avenue; Parks and Squares; Park Tax; Private Streets and Alleys; Registered Voters. Acts and ordinances relating to 6310 2819 Arbitration; may acquire land by arbitration. . 3705 1541 Automobiles in parks; speed of; powers 9121 4346 9130 4351 Bids; Board of Awards to refer same to, be­ fore acting on 2458 976 Bolton Square; jurisdiction over 478 203 Condemnation of land for parks by 3579 1481 Druid Lake; conflict of jurisdiction with Water Board " '. 4565 1938 Employees of; investigation of charges against by City Council 9159 4361 Fifth Regiment Armory; parking around 1555 595 Gas Mains in Park; not to authorize 1595 613 Green Spring Avenue Road; jurisdiction over. 7435 3443 r. 8536 4035 Hampden Reservoir Park; may take under its control. . , 2578 1030 Leasing of land for park purposes 6508 2935 Mt. Royal Station Grounds; maintenance of... 478 203 Park Engineers to surrender diaries on leaving service 8974 4271 Parking in Streets; cannot remove 4545 1927 Park Tax— May purchase land for parks with funds of.- 9808 4690 United Rys. & Elec. Co.; relations con­ cerning 1566 599 Plans for Park Buildings; selection of 5714 2498 Police System for Parks; may provide 948 372 Powers of— Limitations upon 1601 615 Over public squares 271 108 Relating to public squares 271 108 Scope Of; to make rules and regulations for the government of parks 4039 1688 To set apart a portion of parks for special uses 1159 454 228 OPINIONS OF THE CITY SOLICITOR

PARK BOARD—Continued: Par. Page Recreation Pier, foot of Pell Street; construc­ tion of 6652 3007 6660 3010 Rules and Regulations Governing City Parks.. 5486 2380 New books reviewed 6307 2818 Registered Voters; as employees of 690 283 Employment of non-registered voters 7012 3210 Religious services in parks 1718 658 Shade Trees— Purchase of under competitive bidding re­ quired 5594 2433 Sidewalks Around Parks and Squares— Paving of 3944 1646 To parking in streets; repair of 7216 3321 Sleeping of poor in, parks; rules for 9308 4433 Street sweepings; use of, as fertilizer 578 242 Trees dying; restoration of pavement 627 259 Use of portion of parks; grant of special privi­ leges 1153 452 PARK EXTENSIONS AND IMPROVEMENTS— See Parks and Squares. PARK HEIGHTS AVENUE— See Paving. Obligations of U. Rys. & Elec. Co. as to paving trackage space 5752' 2522 .- 5759 2524 Status as public highway 5747 2521 Status as to street railway franchise thereon.. 5752 2522 , 5759 2524 PARK HEIGHTS AND FIFTH AVENUES— Sewage nuisance in vicinity of.. -. 9526 4543 PARKING CURBS— See Parks and Squares. PARKING IN STREETS— See Park Board; Parks and Squares. PARK POLICE— See Hours of Labor; Parks and Squares. PARK PROPERTY— See Parks and Squares. PARK REGULATIONS— See Parks and Squares; Park Board. PARKS AND SQUARES— See Abutting Property Owners; Architects; Athletic Associations; Automobiles; Board of Esti­ mates; Buildings; Condemnation of Prop­ erty; Eight Hour Law; Fire Department; Leases; Park Board; Park Tax; Plans; Police; Sidewalks and Footways; Signs. JULY 1, 1903—JANUARY 1, 1911 229

PARKS AND SQUARES—Continued: Par. Page Abandonment of; Code provisions 4545 1927 Acts and ordinances relating to 6310 2819 Automobiles; reckless speeding; evidence; lia­ bility of owner 3776 1569 Baseball Fields in—• Exclusive use may be granted under sys­ tem of rotation 1163 .455 Carroll Park— Appropriation for salaries of keepers.... 6099 2703 Erection of Field House at, by private funds 6099 2703 Lease of land for an addition to 6508 2935 Plans for field house in 7016 3213 Curbing of parked spaces; repairs to 2764 1116 Day and night watchmen for 948 372 Discussion of the municipal powers relating to, and the uses to which the public parks may be put 1153 452 Same in re closing of 4545 1928 Druid Hill Park- Gas mains in; authority for 1595 613 Mansion House; status of Altschul's ten- nancy of 2450 974 Extensions and Improvements- Condemnation of property for; procedure 3579 1481 Exclusive reservations for playgrounds for par­ ticular institutions 4990 2139 Fjre Department apparatus in; enabling ordi­ nance nugatory 5486 2380 Fines for violation of rules of Park Board.... 6307 2818 Remission of, by Mayor 2810 1135 Foot paths and walks in; Acts 1908, chs. 582, 583, not to apply to. 8470 3997 Franchises; grants of; Charter requirements. 1595 613 Leasehold interest in land for; acquisition of. 6508 2935 Outdoor statuary for; purchase of 6125 2726 Park Buildings— Janitors and janitresses of; effect of Eight Hour Law 9122 4347 Plans for 5714 2498 Parking in Streets—• Removal of; enabling ordinance neces­ sary; questions involved 4545 1927 Park Policemen— Board of Police Commissioners should provide 948 372 Status under Eight Hour Law 7035 3223 230 OPINIONS OF THE CITY SOLICITOR

Par. Page Photographing objectionable characters to facil­ itate apprehension, approved 3781 1576 Sewage Disposal Plant on property for 6887 3138 Sleeping of poor in; powers of Park Board.... 9306 4433 Sidewalks and Footways— Around; City Engineer to pave 3944 1646 Removal of ice and snow from sidewalks around 7069 3243 9816 4694 Street Beds; conversion for use as 4625 1692 PARK TAX— See Annex; Easements; Park Board; Taxation of Property. As to street railways on turnpikes ceded to City 2860 1158 Diminishes assessable value of easement of railway in public property 1294 494 Exemptions from— In Annex; lines in, exempt from 3077 1297 Annex; lines in, not exempt from 3077 1297 Of street railway on York Road Turn­ pike 2854 1156 Fund can Jse used to purchase land, etc., for parks 9808 4690 Interest earned by fund; application of 8321 3905 Park rents payable out of funds from 6511 2936 Tracks on private streets and rights of way not subject to 3186 1301 United Railways and Electric Co.— Accounting for by 1566 599 Statement of, from; date required to be shown 3620 1501 Statement of gross receipts 3618 1500 3622 1501 Statement of lines in Annex exempt from, 3175 1295 York Turnpike tracks; liability for 2848 1153 PARTIES— See Contracts. Liable for violation of building permits 5220 2238 PARTITION WALLS— See Building Code; Walls. PARTY LINES— See Encroachments. PARTY WALLS— See Taxation of Property; Walls. PATAPSCO ELECTRIC CO.— Inspection of its electric meters; cost of in­ spection; fees; ordinance regulating...... 8679 4118 JULY 1, 1903—JANUARY 1, 1911 231

PATAPSCO RIVER— Par. Page See Nuisances. Pollution of by sewer drainage 5095 2183 PATENTED ARTICLES— See Contracts. PATENTS— See Contractors; Contracts; New Sewerage Sys­ tem; Sewers and Drains. Brossman's Sewage Filter— Alleged infringement of New Sewerage Commission in construction of sprin­ kling filter at Walbrook Testing Sta­ tion 5384 2320 5391 2327 Cameron's Septic Tank— Time of expiration of patent for 6231 2777 Catch-Basin Stones— Steuart & Steuart's opinion rejecting claim of infringement of Kennelly's patent by Sewerage Commission 6353 2843 Contractors' Bonds; binding in claims for in­ fringement of, for 12 years 8578 4060 Foreign Patents— Life of in 6231 2777 Patented Articles— When specified may exclude competition lawfully 6424 ' 2881 Policy of City in use of patented construction. 9270 4414 PATIENTS, CITY— See Insane; Springfield Insane Asylum. At Hospitals. See Hospitals. Duration of treatment 5650 2462 PATTERN OF RAILS— See Street Railways. PATTERSON STREET— Conditional deed of bed from Eastern Avenue to Canton Avenue 4233 1782 Now the site of Pier 2 (?) .' 7736 3581 PATUXENT STREET— Fairmount Avenue intersection; railway com­ pany not to pave 1752 673 PAUPERS— See Bay View Asylum; Commitments; Supervisors of City Charities; Vagrants. Board of at Bay View Asylum; when and how chargeable , 3015 1220 Commitment of. See Commitments; Insane; Releases. 232 OPINIONS OF THE CITY SOLICITOE

Par. Page PAUPERS—Continued. Invalid pauper; Health Department cannot commit to Bay View Asylum 8822 4185 PAVED STREETS— See Paving. Removal of dirt from 5177 2221 PAVEMENT MAGAZINES— See Dangerous Articles. PAVEMENTS— See Paving; Sidewalks and Footways; Vaults and Areas; Water Mains and Pipes. PAVING— See Advertisements; Alleys; Annex; Annex Im­ provement Commission; Benefits; Bonds; Burnt District; City Engineer; Con­ tractors; Contracts; County Commis­ sioners; Docks, Wharves and Piers; Drainage; Driveways; Gas and Electric Co.; German Newspapers; Inspections; Interest; Liens; Materials; Notices; Nuisances; Opening, etc., Streets, etc.; Ordinances; Owners of Property;/Sewers and Drains; Sidewalks and Footways; Stocks, Loans and Finance; Street Rail­ ways; Streets, Highways, etc. Abutters, Paving by— Contribution to cost by City; legal ob­ jections 7253 3344 In front of their property 6513 2937 Use of -repair fund of City Engineer to assist... -. 7253 3344 Agreement between owners and City relating to; assessment proceedings discontinued. 5494 2384 Annex— Annex Improvement Commission; pow­ ers of as to paving 7076 3247 Paving on petition of owners; publica­ tion of notice •. 5444 2360 Sidewalks in. See Sidewalks and Foot­ ways. Appropriations for; cannot be diverted...... 7253 3344 Assessments for— Abandonment of paving by City; recall of assessment list; duty of City Reg­ ister 5494 2384 Alleys; collection of assessments for paving 4988 2138' JULY 1, 1903—JANUARY 1, 1911 233

PAVING—Continued: Par. Page Assessments for— Appeal from City Engineer's assessment.. 6609 2885 Apportionment of cost of; rule for assess­ ments •...: 3039 1228 Assessment lists; procedure when paving work is abandoned 5494 2384 Benefits; when due and payable; interest. 8181 3825 City Register cannot return duplicate list after deposit with him 5494 2384 Clifton Avenue paving assessments 609 254 Collection of; suspension pending injunc­ tion proceedings 8176 3823 Commissioners for Opening Streets may provide for deferred payments 8178 3824 Conveyance of property to City in lieu of payment of 327 138 v Deferred payment of; installment pay­ ments 8178 3824 Discontinuing publication of notice relat­ ing to 6757 3061 Disposition of assessment list when work is abandoned 5494 2384 Effect of cross streets 603 252 Erroneous assessment; correction of 5716 2500 Front Foot Rule— Application of 4639 1971 As to house at end of alley to be paved 4374 1846 Authorities in support of reviewed... 6604 2983 Frontage on both sides of street in­ cluded in 6535 294S How applied 4639 1971 Rule construed 3039 i228 Rule for determining frontage in­ volved in paving 6535 2948 Valid even though assessment there­ under be in excess of value of shallow lot and may amount to confiscation of same. 6604 2983 Intersection of streets; rule' as to 614 256 Interest on deferred payments; when to begin to run 8178 3824 Levied en bloc and payment of gross sum apportioned to property owners accord­ ing to front footage 3040 1228 Lien of benefits for; certificate of . 1964 773 Limited to property actually using an al­ ley 4639 1971 234 OPINIONS OF THE CITY SOLICITOR

PAVING—Continued: Par. Page Assessments for— Private Alleys— Advertisement of expenses part of... 3074 1242 Apportionment of cost 4640 1971 "Property fronting" on a street or alley; definition of term 4640 1971 Property owner personally liable 328 139 Rebates claimed for frontage not repaired disallowed 3040 1228 Rule where streets intersect 614 256 Irregularity : 624 258 Bithulithic Paving— Laying in Annex without competition dis­ approved •... .• 5043 2160 Substitution of, for Belgian blocks; com­ pensation of contractor 6709 3034 Burnt District, Paving in— Sidewalks and footways in 8308 3898 • Tracks and other street surface repaying by City 1628 625 By City— On default of owner; vendee under pend­ ing sale held for cost of 3053 1234 By Private Parties— Materials used become City property 2760 1114 Paving of, by corporations or individuals.. 2656 1064 Requisites of valid ordinance authorizing. 3234 1324 Requirements 3234 1324 Unauthorized paving of street 6881 3135 City Engineer, Paving by— On default of trustee; bill against trust estate. 3973 1660 City Piers, Paving on— Streets on Piers 1 and 2 5680 2478 City Property, in Front of— Duty of City Engineer 4044 1691 Leasehold property; City must pay cost of " paving '. 4431 1875 Public Property; cost of paving.... 4046 1691 Sidewalks in front of schoolhouses 7139 3278 Cobblestones— Cobblestones; use restricted in repaving.. 6876 3132 Extent of use of in repairing existing paving 6876 3132 Replaced in paving of streets belongs to City , 6565 2964 JULY 1, 1903—JANUARY 1, 1911 235

Par. Page PAVING—Continued: Cobblestones— Space between railway tracks in re Wil- kens Avenue; use of, 8917 4243 8929 4248 Unfinished cobble work classed as repairs. 9387 4467 Use as ballast under railway tracks 8932 4249 Contractors for Paving— Delays in contract work caused by rail­ way company; liability of City to con­ tractor '...'. 8392 3948 Paving Certificates— Lost; duplicates; indemnity bond and < assent of surety required 1847 722 2674 1073 Paving Guarantees; Deposits Under— Charge against contractor's balance of repair bills incidental to other work of contractor for City 6502 2932 Date same begins to run 9556 4556 Determining period of 9556 4556 Deterioration due to railway traffic; obligation of contractor under 6243 2786 Due to dissolved corporation; pay­ ment of 7416 3432 Includes repairs over cuts for trenches 7207 3316. Interest claimed on deferred pay­ ments 6997 3202 Liability for repairs under . 3172 1293 Limitations, period of 4011 1677 Limited to two years 4011 1677 Obligation of contractor as to space - covered by railway tracks 6243 2786 Paving injured1 by washout; liability of contractor under 339 146 Repairs to paving covered by...... 7207 3316 Violations of Eight Hour Law 8998 4283 When liable for damage to pavement from. unusual rainstorm 4832 2071 Contracts for. See Contracts, Adjustments under '. . 6502 2932 Alternative bids for; specifications of.... 2928 1191 Board of Awards' authority to let 4712 2006 City Engineer's authority to let 4712 2006 Construed to cover agreements as to pav­ ing of street by abutting owners...... 6514 2938 Day labor, may be employed 2203 869 236 OPINIONS OF THE CITY SOLICITOR

Par. Page PAVING—Continued: Contracts for— Effect of defective advertisement of bids. 4893 2098 Form releasing City upon abrogation of.. 5092 2181 Guarantees under; period of 2800 1131 Guaranty of 10 per cent, of gross amount must be withheld 5 years 1844 720 Indemnity bonds under 1131 443 Section 14 of Charter not to apply unless City bears cost 8099 3774 Specifications as to repairs, construed.... 7207 3316 Substitution in paving materials specified in; adjustment of compensation 6709 3034 Under Section 14 of City Charter; adver­ tisements 4893 2098 Cost of— Apportionment of cost to owners of ad­ joining property 603 252 Effect of change of ownership 3053 1234 Of paving rectangle at street intersections between the 2 curb lines and 2 building • lines produced 2747 1107 On assent of owners; vendee liable there­ for after substantial interest vests 3057 1236 Dangerous conditions in street pavement 7357 3404 Day Labor, Paving Work by— Contract work not indispensable 2203 869 Charter requirements of Section 14 do not apply to ... , 8618 4082 Loans for Paving— Cross streets; status of cost of paving... 2240 883 .Paving Loan of'1906— Registered voters; provisions as to employment on work under 4083 1712 Materials for— Alternative bids for 2928 1191 Disposal of old materials 2236 881 Estimates for vitrified brick 8284 3882 8289 3887 In repairs to guaranteed paving; substitu­ tions; effect on bond of contractor 2433 966 9548 4552 Old curb, cobblestones and other material belong to City 6565 2964 Old material on highway; crediting abut­ ting owner therefor 603 252 Paving under Front-Foot Rule by owners. 6537 2949 JULY 1, 1903—JANUARY 1, 1911 237

PAVING—Continued: Par. Page Materials for— Selection of— By City Engineer— His determination final 4707 2003 6537 2949 When paving ordinance is silent.. 4631 1965 By Owners 422 183 Private streets, alleys, etc. 6535 2948 Substitution of Materials 753 304 Asphalt for bithulithic after award of contract illegal 6186 2752 Bithulithic for Belgian blocks; ad­ justment of compensation under contract 6709 3034 By ordinance after award of con­ tract illegal 5087 2179 Effect on contractor's bond 2433 966 For crossing of streets; prohibited 753 304 Vitrified brick for cobbletones when owners furnish brick 4684 1982 Used in private paving; become City property 2760 1114 New Sewerage System; Made Necessary by— New Sewerage System; liability of corpo­ rations for cost of in construction of system 5110 etc. 2188 Notice. See German Newspapers; Notice. Nuisances, Paving to Abate 137 46 Area to which paving should be limited. .. 4535 1921 City Engineer to approve work under Ordi­ nance 13, 1905 3677 1529> Extent of paving; assessment of costs on abutting owners 4535 1921 In private alley; when regrading is per­ missible 6551 2956 9036 4302 In private streets 5023 2153 Mode of apportioning costs 7785 3603 On order of Commissioner of Health; agreement of owners to pave 5494 2384 Power of Commissioner of Health to re­ quire substantial paving 3678 1530 On Application of Owners— Apportionment of cost between City and owners 422 183 By City at expense of owner •. . 3053 1234 Furnishing of material by owners 422 183 238 OPINIONS OF THE CITY SOLICITOK

Par. Page PAVING—Continued: On Application of Owners— Liability of vendor and vendee of property , assessed therefor ;... 3057 1236 Procedure in collecting costs of; notice... 3055 1235 When City may do work of 422 183 Work must be done by contract; proviso. 9716 4635 On Maryland Ave. Bridge over P. R. R. See Bridges. Ordinances Providing for. See Notice; Public Improvements. Failure of ordinance to define street limits of work 4630 1964 Notice of published in English news­ papers only, where cost is paid by abut­ ters 5318 2289 Ordinance confirming provisions of Ordi­ nance of Estimates relating to, unneces­ sary 8760 4157 Provisions in; as to old materials 2239 882 Substitution of material by ordinance after letting of contract not valid 5087 2179 When silent as to base materials; power of City Engineer ; 2351 929 Pavements— Injury by fire; liability of contractor under his bond 1123 441 Laying for purpose of testing; method and funds for 8121 3789 Liability of contractor for damages from unusual rainstorm 4832 2071 Ordinance to prohibit fires on improved.. 2516 1004 "Pavement"; definition of term 2750 1108 Restoration of former tree sites 627 260 Paving Work— May be consolidated and performed under control of City Engineer 2882 1169 Private Property— Cost of paving opposite. ; 4046 1691 Private Streets and Alleys— Collection of assessments for 4721 2011 In state of nuisance 4238 1784 Paving of intersections with private streets 326 138 Selection of paving material for. : 6535 2948 Public Streets; paving of by B. & 0. R. R.... 2656 106* JULY 1, 1903—JANUARY 1, 1911 239

Par. Page PAVING—Continued: Repairs to— Guaranteed paving on default of con­ tractor 9548 4552 Liability of persons opening streets under permits 3650 1516 On default of contractor; materials allow­ able. 9548 4552 Settling over tunnel; proper party to re- pave; cost on railroad company 6059 2679 Sidewalks and Footways- Cost of Paving— City department responsible for 7301 3374 Including street in front of 5th Regi­ ment Armory . . 9251 4404 Leaseholder, not reversioner to pay... 2982 1206 Of property in trust; notice to trustees 3973 1659 Paving of streets; defined to include.. 2909 1180 Period for which City is responsible for repairs 7301 3374

Street Railway Tracks- Change in materials necessitated by re­ moval of; compensation of contractor.. 6709 3034 Improved Paving Over— Street railway company not required to lay upon improvement of street unless a franchise obligation 4982 2135 Of North Avenue by U. Rys. & Elec. Co... 4230 1780 Ordinances providing for, construed 1752 673 Park Heights Avenue'; obligation of U. Rys. & E. Co 5752 2522 5759 2524 Paving in Annex— • Acts and ordinances relating to obli­ gation of street railway company to pave its trackage space on Gor- such and Garrison Avenues 6331 2831 General ordinance relating to railway tracks; construction narrowed to cover paving under ordinances only 6323 2826

Renewal of Paving Over— Authority of City Engineer to require concreting under ties; i. e., the "Philadelphia" method 4209 1771 4224 1775 240 OPIKIOKS OF THE CITY SOLICITOR

PAVING—Continued: Par. Page Street Railway Tracks— Renewal of Paving Over— By company when required by City.. 1787 6S7 Duty of companies to use improved materials ^ 17S7 687 Payment of extra cost due to traf­ fic of company 9103 4336 Repairs to Paving Over— Company must repair paving not laid under contract 6683 3023 Duty imposed on 1787 6S7 Necessitated by diversion of street drainage onto tracks 8801 4175 Obligation as to repairs to work un­ skilfully done 8358 3928 Repairs to 2-foot strip outside of rails 7357 3404 Rule as to obligation of company; repairs and repaving 'differenti­ ated •. 9078 4324 Repaving Over— Alleged defective work by contractor for Sewerage Commission 8277 3878 Cost of removing and relaying in excavating for Sewerage System... 5734 2514 5737 2516 57'42 2518 Due to settling of Union Ry. Tunnel.. 6059 2679 Proper party to do work; discretion of City Engineer 8280 3880 Relocation of street railway tracks; cost of paving 3804 15S2 Roadbed of U. Rys. & Blec. Co.; cost of removal in bringing tracks to grade 6252 2792 6254 2793 "' Temporary paving to accommodate City work • ,.'. 5225 2240 When entire cost of is on railway company 8835 4192 Rule as to paving cost 12352 929 Turnpikes— Damage to turnpike bed by increased flow. of surface water resulting from 5465 2371 U. Railways & Electric Co.— Bills for against U. Rys. & Elec. Co 8285 3SS3 Controversy with U. Rys. & Elec. Co. in re Wilkens Avenue 8917 4213 JULY 1, 1903—JANUARY 1, 1911 241

Par. Page PAVING— Bonds. See Bonds. Certificates. See Paving, sub-title Contractors for Paving. Contractors. See Contractors; Paving. Contracts. See Contracts; Paving. Deposits. See Paving, sub-title Contractors tor Paving. Guarantees. See same. . ' Loans. See Paving. Materials. See Paving. Of Driveways .on Leased Piers. See Docks, Wharves and Piers. Work. See Paving. PAYMENTS— See Appropriations; Burnt District; Stocks, Loans and Finance. Under Contracts. See Contractors; Contracts. Conflict between principal and agent; rule in • paying municipal bills 668 275 PAY ROLLS— See Commissioner of Street Cleaning. Of District Superintendents of Street Cleaning.: 395 171 PECK'S BRANCH OR RUN— Diversion of bed of to accommodate sewer.... 8565 4051 Diversion of sewage into allowed 8990 4279 PEDDLERS— - • See Hawkers and Peddlers; Licenses. PENALTIES— See Bonds; Fines and Penalties; Taxation of Prop­ erty. PENDING SUITS— See Nuisances. PENITENTIARY— See Maryland Penitentiary. PEN LUCY AVENUE— • Nuisance at York Road and 7084 3251 PENNSYLVANIA R. R. CO.— See Steam, Railroads. Canton Avenue; not to store cars on 675 278 Reauires permit by ordinance to run cars on certain streets 6170 2744 Right of City to raise grade of Loney's Lane at crossing of 202 75 Right on North Street 5556 2411 Running trains across Broadway during mar­ ket hours 6377 2859 242 OPIXIOXS OF THE CITY Soi.rnrroii

Par. Page PENNY-IN-THE-SLOT MACHINES— See Licenses. License tax payable for 3957 1652 PEOPLES, DAVID (Contractor) — See Contractors; New Sewerage System. Construction of storm water drain contract with ' 4810 2058 4820 2065 4823 2067 Interpretation of specifications; cost of exca­ vating rock and earth, etc 4964 2130 PENSIONS— See Employees. Of Mrs. Esther Pistel; passage of ordinance annually required; proviso 6140 2729 Water Department cannot pension employees.-. 3909 1631 PERCOLATION OF SPRING WATER— Complaint of railway company against City for injury to bed of railway 7832 3624 PER DIEM WAGES— See Laborers; Wages. PERMITS— See Advertisements; Blasting; Bonds; Bridges; Burnt District; Docks, Wharves and Piers; Health; Hitching Posts; Injunction Pro­ ceedings; Mayor; Minor Privileges and Franchises; Municipal Subways and Con­ duits; Notice; Nuisances; Oils; Paving; Poles and Wires; Semmes Act; Sewers and Drains; Sidewalks ;and Footways; Signs; Stables; Street Railways. Advertising signs or bill boards 7447 3447 Revocation in discretion of Building In­ spector 2993 1211 Awnings— Drop awnings; clearance 8904 4235 Relating to private streets 3510 1444 Removal of. . . 4310 1816 Required for 2610 1045 Revocable by Board of Estimates 4310 1816 Bill Boards- Erection of; powers of Inspector of Buildings 7447 3447 Blacksmith's Forge; advertisement held unnec­ essary. . .' 8490 400S JULY 1, 1903—JAXUAKY 1, 1.911 243

PERMITS—Continued: Par. Page Blasting— Permits for 4S36 2073 Board of Public Safety; powers relating to 8613 4079 8693 4123:

No authority, to issue ; .. 200 74 Ordinance regulating 4521 1914 Proper party to issue 4744 2023 * 8612 4079' 8637 4093 Board of Estimates; its powers 6030 2667 Bridge; unnecessary on private street 3330 1369- Building. See Buildings. Additions to established institutions 1726 661 Adherence to City grades required under.. 5273 2264 Burnt District; must be granted in 1617 620' Conflicting applications for same work. . .. 637 263 2694 1083- In Beds of Unopened Streets— Issue mandatory if street is not dedi­ cated, opened or established 3929 1639' 7803 3611 Inspector of Buildings— Discretionary powers relating to 159 57 Issue of— To different persons for same work 63-7 263 1820 706 To himself, lawful 1612 619' When discretionary and when mandatory 159 57 .637 263 3929 1639 7803 3611 Powers relating to 1617 620 Livery Stable partially destroyed by fire; when permit is necessary 826 331 Mt. Vernon Place; buildings at 4524 1916 Ownership of property immaterial in granting 2548 " 1017 Pending acquisition of property for pub­ lic purposes 1617 620 Porches; extension of; prohibited con­ struction 7143 3280 Prosecutions for violation of requirements 5220 2238 Revocation for failure, to pay cost of re­ moving unsafe conditions on premises affected ; 5618 2445- 244 OPIATIOJVS OF THE CITY SOLICITOR

PERMITS—Continued: Par. Page Building— Unauthorized construction in violation of. 5215 2236 Violations of; proper parties to prosecute; procedure 5220 2238 Walls, for erection of 275 110 Wooden frame buildings 89S5 4276 Commissioner of Health— Ownership of property immaterial in grant­ ing; private rights , 2546 1017 Powers and duties where work may men­ ace public health 3696 1537 Dock Improvements; covering building in area wanted for 1617 620 Drainage— Applications should state method of dis­ posal 2866 1160 Pollution of streams invalidates issue 2862 1158 Where outlet is in Baltimore County 3696 1537 Drains— Connecting with sewers 1541 590 Discretionary powers of City Engineer... 2446 972 Object; to regulate manner of construction 2546 1017 Pipes; construction of, 2546 1017 Private— City may grant, 1973 777 New form restricting assignability 4349 1836 Storm water, tapping of 5179 2223 Where drain merely crosses public prop­ erty 3661 1521 Driveways; construction over sidewalks 3401 1399 9173 4368 Electrical Work and Wiring— Conditions of issue of 637 263 Discretionary powers of Inspector of Buildings 917 363 Electric lights , 159 57 Powers relating to permits for 917 3C3 When required : 826 331 Wires in bed of alley; Board of Estimates may issue 8652 4101 Work on private property; powers of In­ spector of Buildings 159 57 Elevators— Construction without permit; procedure for Inspector of Buildings 5214 2235 Feeble-Minded or Sick— Places for treatment of 9750 4654 JULY 1, 1903—JANUARY 1, 1911 245

PERMITS—Continued: Par. Page Fences— Advertising; revocation of 2993 1211 Discretionary powers of Inspector of Build­ ings 8443 3980 Fetus; removal of ' 7248 3341 Frame Sheds— As stables; requirements for; revocation of by Mayor 5427 2351 Over one-story; application for; advertise­ ment 4460 1889 Franchises— Not necessary for incidental rights im­ plied from grant 6349 2840 Garbage, House Offal and Refuse— Conveyance through City; powers of Com­ missioner 1072 421 2620 1049 Delivery at reduction plant of Balto. Sani­ tary Contracting Co. may be required... 1074 421 2621 1050 Discretionary powers of Commissioner of Health relating to 7598 351S 7605 3523 Disposal of 7598 3518 Gathering and Removal of— Permits to private persons 7598 3518 Requirements of Commissioner of Health 7596 . 3518' Removal of; permits for 1072 421 Revocation of permits 7599 3519 Gas Main— Reisterstown Turnpike; City's jurisdic­ tion; terms of permit 9110 4340 Gasoline; storage of; restrictions 1744 669 Gasoline Tanks— And appurtenant system of lighting and heating; discretoniary powers of In­ spector of Buildings 4514 1911 Inspector of Building cannot issue...... 1603 616 Installation of; discretionary powers of Inspector of Buildings 4514 1911 Issued by Mayor only 1603 616 Law governing, construed 9117 4344 Generally— Are required to secure proper supervision of work and use of materials 2546 1017 When mandatory as an implied right 21 7 246 OPINIONS OF THE CITY SOLICITOR

PERMITS—Continued: Par. Page Gunpowder and Dynamite— Pavement magazine permits 2232 880 Powder Magazines; special ordinance re­ quired to erect; when 3047 1231 Storage of gunpowder and dynamite 3048 1232 To use in blasting 200 74 Hitching rings in sidewalks, unlawful 1473 563 Hog Pens and Keeping Hogs— Restrictions upon issuing of 707 2'92 Hospitals— Code requirements 6562 2962 Hospitals for cure of drink and drug habits 9436 4494 9444 4496 Hospital School for Children; required for 9854 4715 House Connections— Electric power or light; underground.... 5239 2250 Lighting Systems (New): Discretionary powers of Inspector of Buildings 4515 1912 Livery Stables; when special ordinance unnec­ essary to authorize 2600 1040 Machinery for manufacture of paints; notice of 7677 3554 Minor Privileges; duty of Board of Estimates in granting 3661 1521 Nuisances— Not to issue if work is likely to menace public health 3696 1537 Work of construction which may develop; liability of City 1972 777 Oils- Storage of; ordinance provisions relating to : 4602 1953 Open Areas— ' Existing at time of great fire; usual build­ ing permit sufficient : 3338 1374 Pier Extension— Discretionary with Harbor Board; exer­ cise of power 8015 3722 Plumbers and Plumbing— Applicant to disclose final disposition of waste material 2862 1158 Commissioner of Health— Discretionary powers of 7752 3588 Master, but not journeymen, plumbers to receive from 6620 2992 Private drain connection; dispute with owner of drain; practice ,. 9722 4639 « When required only from 4092 1715 JULY 1, 1903—JAXUARY 1, 1911 247

Par. Page PERMITS—Continued: Plumbers and Plumbing— For opening streets; period oi liability for repairs to street surface 3650 1516 Plumbing and drainage; prerequisites of issue 9722 4639' Proper officer to issue 4092 1715 Proper drainage facilities a prerequisite for issuance of 7752 3588. Unlicensed plumbers; cannot be issued to. 9254 4406 "When required from Inspector of Build­ ings 4092 1715 Pole. See Poles and Wires. City Engineer; powers relating to 1231 477 For erection of, in City 3290 1351 For removal of poles; clause relating to back taxes 6850 3116 Powers of Public Utilities Commission not in conflict with municipal authorities 9011 4290 Required to be issued to Balto. Electric Company : 5415 2343 Telegraph Poles; use of public street for; status where City has easement only in street •. 4007 1675 Telephone Poles; erection of; powers of City Engineer 1231 477 Privy "Well— Effect of Ordinance 77, 1906 5840 2566 Railway Tracks— Applicant enjoined by third parties 2593 1037 Conditional for "W. M. R. R. tracks under Edmondson Ave. Bridge, unauthorized... 128 43 Cross-Over Switch; City Engineer may grant 3051 1233. Extension of railway tracks in violation of ordinance requirements, invalid 3644 1513; Into North Ave. and Gay Street barn; or- \ dinance unnecessary 4930 2113 Ordinance authorizing held void; practice. 8136 3799 Temporary; for removal to accommodate New Sewerage System 5301 2280 To shift railroad tracks; powers of Board of Estimates. 6030 2667 Tracks on Pier 2—City Engineer has no authority to issue 7739 3582 248 OPINIONS OF TUB CITY SOLICITOR

PERMITS—Continued: Par. Page Revocation of— As means of settling dispute between pub­ lic service corporations using streets... 6234 2779 Awnings; removal of 4311 1816 By Board of Estimates 5095 2183 Inspector of Buildings; discretionary pow­ ers of 2999 1213 Stables 5427 2351 Scaffolding over public highway. 6342 2836 Sewers— Private sewers; restricting assignability... 4349 1836 Sewers in streets; City Engineer to issue. 1019 402 To tap private sewer; procedure of City Engineer's Department when title is in dispute 3120 1267 Sidewalks in Burnt District; refusal; test case to determine powers of City Engi­ neer as to improved pavements. 8513 4019 Signs— ' Code provisions covering 6741 3053 Electrical; limitations on issue of 1888 740 , Mosaic pavement signs 5678 2477 'To erect 8142 3803 To place on trolley pole 6943 3177 When revocable 2993 1211 8196 3833 8201 3835 Sparring Exhibitions— Charter and Code provisions covering.... 9578 4567 Stables— Use of frame shed as stable 5427 2351 Steam Rollers— . None required for 3714 1545 , Streets, Highways, etc.— Grading, paving, etc., without; unlawful... 6881 3135 Opening bed of ungraded and unpaved street 3597 1490 Opening or tearing up street bed or pav­ ing 8812 4180 Setting curbs of; change in, to preserve trees ,• :. 9223 4392 Temporary work in streets 6030 2667 To dig up street ...... 1003 396 Switch track; City Engineer may author­ ize 9374 4461, Use of, for building materials 5024 2154 Telephone Conduits in Frederick Road; form of 9401 4476 Temporary; for machinery, etc 7677 3554 Violation of requirements of 5215 2236 JULY 1, 1903—JANUAKY 1, 1911 249

PERSONS HOLDING OFFICE— Par. Page See Municipal Boards. Cannot be interested in contracts for municipal work 5905 2602 PERSONAL PROPERTY— See Taxation of Property. PERSONAL SECURITY— See Bonds. PETROLEUM, OILS FROM— See Oils. PHILADA., BALTO. & WASHN. R. R.— See Steam Railroads. Application to tap outfall sewer at Bay View.. 6894 3142 Cannot string overhead feed wire's to North Avenue fan house 881 349 Charter construed 7339 3396 Restriction in location between Fulton Ave. and Frederick Road 3992 1667 Tunnel shaft at North Avenue 1 1 PHOTOGRAPHING OF OFFENDERS— Lewd and indecent practices to be suppressed by 3791 1576 PHYSICAL EXAMINATIONS— See Schools. PHYSICIANS— See Fire Department; Health. At Bay View Asylum— Suits against arising from performance of public duties • 5314 2287 At City Jail— . May furnish certificate of lunacy 3536 1455 3537 1456 Attending Physician— When required to furnish death certificate. 5500 2387 PIANOS AND ORGANS— See Street Organs and Pianos. PIERS, COLUMNS, ETC.— Regulations for construction, construed 1389 554 PIERS, DOCKS AND WHARVES— See Docks, Wharves and Piers; Lamps and Light­ ing; Paving; Taxation of Property. PILES AND PILING— See New Sewerage System. Wreckage of old piers; removal of 9267 4412 PIPES (SEWER AND DRAIN)— See Private Sewers and Drains; Sewers and Drains. PISTEL, MRS. ESTHER— See Pensions. 250 OPINJOKS OF THE CITY SOLICITOR

Par. Page PITTSBURGH VALVE FOUNDRY AND CONSTRUC­ TION COMPANY— Contract for fire pipe line', construed 8330 3909 PLACARDING OF PUMPS— See Private Property; Pumps and Springs; Water. PLANS AND DESIGNS— See Architects; Art Commission; Bridges; Con­ tracts; Ordinances; Park Board. Competitive; when required under Charter.... 5565 2416 For City Buildings— Rejection of; architect's claim for com­ pensation : 6572 2966 For park buildings; must be competitive. 5714 2498 For public comfort stations; preparation of. . . 4690 1995 Right of sub-contractor to have access to 9649 4601 Street Plans. See Topographical Survey Com- * mission. PLANT EXEMPTIONS— See Ordinances; Taxation of Property. PLANTS FOR DISPOSAL OF SEWAGE— .See New Sewerage System. PLATES, GUTTER— See Gutter Plates. PLATS— See Benefits; City Surveyor. Benefit plats; method of computing fees of City Surveyor " 3848 1602y2 Damage plats; City Surveyor's compensation; unit of calculation in charge "per square" 4198 1765 Of street grades :..'. 4286 1805 Old plats of City in City Engineer's Office; cus­ tody to vest in City Librarian 2400 977 Plat Book; City Surveyor to assist in preparing 966 '379 Plat Books of City Property— Preparation of and expenses of same 966 379 PLAYGROUND ASSOCIATION— See Bonds. PLAYGROUNDS IN PUBLIC PARKS— See Children. Exclusive reservation for use of particular public institutions, held invalid .4990 2139 PLAZAS AND SQUARES— See Ashes; Ice and Snow. JULY 1, 1903—JANUAET 1, 1911 251

Par. Page PLUMBERS AND PLUMBING— See Building Code; Health; Inspectors; Permits; Schools. Building plans should show proposed plumbing 4092 1715 Inspector of Plumbing— Drains within houses to he inspected by.. . 1541 590 Master Plumbers' Certificates— Status under Act 1906, ch. 144 (Sees. 509- 515, City Charter); journeymen plumb­ ers. . . ., 6620 2992 Permits for Plumbing—• Applicant must be licensed 9254 4406 Prerequisites as to drainage 9722 4639 Registered Plumbers— Not required to lay drain for "Key" Mon­ ument ' 9273 4416 Rules and Regulations for— Commissioner of Health may formulate, and enforce 388 169 PLUMBING INSPECTOR— See next preceding title. PLUMBING PERMITS— See Permits. PLUMBING REGULATIONS— See New Building Code. POLE PERMITS— See Permits. POLES AND WIRES— See Collector of Water Rents and Licenses; Fire Department; Franchises and Grants; Gas and Electric Co.; Licenses; Municipal Subways and Conduits; Ordinances; Per­ mits; Taxation of Property. Abandoned Poles— Of Police and Fire Alarm Telegraph; dis­ posal of 432 187 Status-of 3005 1216 Telephone poles; status of 2102 827 Electric Light- Poles and Wires— Agreement with Gas and Electric Co.; line through Wyman Park 6627 2995 Ultra vires use of Eutaw Street; pole un­ lawfully maintained 4798 2050 Wires in bed of alley; permit for 8652 4101 Wires on private streets; franchise unnec­ essary 1947 765 252 OPINIONS OF THE CITY SOLICITOR

POLES AND WIRES—Continued: Par. Page Erection and Maintenance of— Must be authorized by law or ordinance... 2102 827 New poles of C. & P. Telephone Co. out­ side of subway district 1228 476 Outside subway district; authority of the public service corporations 3290 1351 Feed Wires to P., B. & R. R. Co.'s fan house, to be placed in conduits 887 350 Fire Alarm Poles and Wires— Removal of abandoned poles occupied by private corporations 3005 1216 Use of private poles by wires of system.. 1953 769 Guy Poles 1145 448 Inspection fees in erection of 301 126 Inspection of Poles; appointment 302 126 License Tax on Poles— Acceptance of, by City Engineer; recog­ nition of right to maintain 2102 827 Basis of City's right to levy 5810 2550 ' Feed wire poles of U. Rys. & E. Co. liable for 1640 630 Poles— In Annex; taxation of 267 105 Collector of Water Rents and Li­ censes required to check up and license same 6873 3129 Removed from private property to street bed to accommodate New Sew­ erage System not exempt 7932 3681 Status of, on Charles St. and York Road between limits named 5800 2546 5818 2554 Private Streets; poles on, not taxable 1370 527% 2812 1136 Procedure to enforce payment of.., 444 191 Refunding when erroneously paid 5822 2556 Telephone Poles— Failure of owner to report for taxa­ tion; penalty; collection of. 6588 2974 .• 6594 2977 6601 2981 List to be reported to Collector of Water Rents and Licenses 6591 '2975 6601 2981 Proper forum for suits for recovery of tax and penalties relating to 6595 2977 6601 2981 JULY 1, 1903—JANUARY 1, 1911 253

Par. Page POLES AND WIRES—Continued: License Tax on Poles— Trolley Poles— Definition of, for taxing purposes 1642 631 Jurisdiction of Collector of Water Rents and Licenses.... 6941 3176 What poles are exempt from taxation. 6422 2880 Municipal System of Poles— No City department has power to erect and rent out system of 3290 1351 Penalty for unauthorized construction 2585 1034 Stencilling of Ownership on Poles— Owner's name to be stencilled 1366 526 • 5488 2381 Tagging o£ owner's name unlawful 5488 2381 Removal of Poles— Cost, when ordered by City 2833 1145 In public streets; powers of City Engineer 2833 1145 To effect relocation of City gas lamp; cost of 7290 3367 To expedite work of New Sewerage Sys. tem. :.., 5995 2649 Telephone Poles— Abandoned, unsafe and dangerous 6588 2974 6594 2977 Disputed ownership; unauthorized use; penalties 6588 2974 6594 2977 6601 2981 Laws relating to cited and construed 6588 2974 6594 2977 6601 2981 Trolley Poles- Must be planted at curb line; effect of gas main below curb 6234 2779 Wires in Subway District— Notice to place in subways; prerequisites of valid .: 3011 1217 Wires which must be placed in subways. 2708 1089 Wiring Permits. See Permits. York Road; companies which have poles on... 5820 2555

POLICE AND FIRE ALARM TELEGRAPH— See Fire Department; Licenses; Maryland Telep. & Telegraph Co.; Ordinances; Poles and Wires. Duct'space for, in private conduits 1953 769 254 OPINIONS OF THE CITY SOLICITOR.

POLICE AND FIRE ALARM TELEGRAPH—Cont'd: Par. Page Ordinances establishing and providing for management of 2815 1139 2824 1141 Placing of conduits under control of Electrical • Commission 2826 1141 Poles of private owners; use of, for 1953 769 Superintendent, lineme,n and operators re­ quired to. bond : 2754 1110 POLICE— See Board of Estimates; Ice and Snow; Magis­ trates; Obstructions; Parks and Squares; Police Powers. Duty as to cleaning of sidewalks 5669 2471 Police Commissioners— Powers and duties in policing the City parks 948 372 Removal of snow and ice from sidewalks and footways 7066 3241 POLICE MAGISTRATES— See Magistrates. No jurisdiction over case where prescribed penalty may exceed $100 9429 4491 POLICE POWERS OF CITY— See Nuisances. Contract created by ordinance; status under.. 1870 733 Defined ± 7340 3396 Discussed in relation to Bill Board legislation 5962 2631 Highways; improvement of, under. 1783 685 Liability of municipality in the exercise of and rules and principles applicable 39 13 Lunatics and Insane; powers of Supervisors of City Charities under 473 202 Railway grants; limitations under 1787 687 POLLUTION OF STREAMS— See Natural Streams; Nuisances. N Of City's Water Supply. See Water. POLYTECHNIC INSTITUTE— See Bonds. Commencement music; breach of contract with musician : 9028 4298 Electrical plant and Professor Science in charge; Act 1906, Ch. 244, applies, to 3894 1625 But later held not to apply 6431 2885 Ordinance authorizing insuring of; Code pro­ visions relating to 7945 3687 Proposal to construct by day labor. 9135 4352 :. 9141 4354 JULY 1, 1903—JANUARY 1, 1911 255

POLYTECHNIC INSTITUTE—Continued: Par. Page Reservation in City park exclusively for use of as playground by pupils of, held invalid. .. 4990 2139 Status of adult students at day and night school 8255 3863 8259 3864 POOL AND BILLIAED TABLES— See Licenses. POOL BOOMS— See Licenses. POOB OF CITY— •Commitments to Almshouse. See Commit­ ments. Horwitz Benevolent Fund in aid of 8632 4090 In Institutions. See Contracts. Park Board may permit sleeping in parks and squares 9308 4433 POBCHES— See Building Code. 'Status of three-story porches under Building Code 7143 3'280 POBTABLE CEOSS-OVEB SWITCHES— See Street Railways. POBT COYINGTON— Limit of City's jurisdiction at .... 2096 823 POBTICOES, STEPS, ETC.— Regulations for construction of, construed.... 1389 534 POSTING AND DISMANTLING PUMPS— See Pumps. POST-OFFICE AYENUE— Private sewer at corner of Second 'Street; status of 2255 888 POSTS, ETC., ON SIDEWALKS— Prohibitions of, under Semmes Act 1901 745 POTTEB AYENUE— Sewer in. See Inter-departmental Adjust­ ments. POWDEB MAGAZINES— See Dangerous Articles; Permits. POWEB HOUSE U. BYS. & ELEC. CO.— Anti-ISmoke Ordinance not applicable to 4271 1799 Generation of electricity in; not a manufactur­ ing business 4271 1799 POWERS— Of Appointment. See Mayor; Municipal Offic­ ials. Of Attorney. See Stocks, Loans and Finance. Accompanying certificates of deposit of City funds .' 2630 1053 256 OPINIONS O:F THE CITY SOLICITOB

POWERS—Continued: Par. Page Of Attorney- Over collaterals pledged by banks to se­ cure loans from City 334 143 Of the City— Cannot incur expense for private objects 6073 2688 Discussed in detail with reference to or­ dinance establishing children's play­ grounds. . 1045 412 Express and implied statutory powers.. 9046 4306 Of Removal. See Mayor. PRATT LIBRARY— See Enoch Pratt Library. PRATT STREET— Alley paving, near 1401 block, east 4711 2011 . Awning, corner of Exeter Street 6276 2804 Bridge over Jones' Falls— Bids for 9414 4483 Objection to payment of work out of Dock Loan 9766 4664 Use of patented construction 9270 4414 Delayed construction of sidings authorized by ordinance. . . 6019 2662 Private drain in bed of; extension of; cost.... 3946 1648 Rearrangement of tracks in widening of; pow­ ers of City Engineer 3336 1373 Running of engines and cars of B. & O. R. R. on 2275 894 Wharf rights on south side of 3276 1344 PRATT STREET WHARF— Removal of B. & O. R. R. tracks from; sale of rails by City; failure of R. R, Co. to remove 5418 2345 • PRELIMINARY HEARINGS— See Vagrants. PREMIUMS— Insurance. See City Property. On Bonds. See Bonds; Contractors. PREPAYMENTS— See Contracts; Contractors. PRESBURY STREET— Construction of sewer to abate nuisance in gully near 7694 3562 PRESIDING OFFICER— See Harbor Board. PRESTON STREET— City Engineer cannot authorize extension of railway tracks on 3644 1513 PRIMARY ELECTIONS— City employees to be allowed time to vote at.. 9419 4485 JULY 1, 1903—JANUARY 1, 1911

PRISONERS— Par. Page See Insane. Of City Jail. See Contracts. Removal when insane 3522 1450 3533 1455 3537 1456 PRINCIPAL AND AGENT— Payment when authority of agent withdrawn.. 668 275 PRINTING, PUBLIC— See City Council. PRIVATE— Bulkheads. See Bulkheads, Private. Debts- Municipal officials cannot aid collection of 8906. 4236 Grants— May determine street paving obligations of railway companies 4224 1775 Hospitals. See Hospitals; Permits. Institutions. See Appropriations; Gifts; Hos- , pitals; Injunctions; Permits. PRIVATE LIGHTS— Extending beyond curb line unlawful 3311 1361 PRIVATE PAVING— See Paving. PRIVATE PROPERTY— See Assessments; Buildings; Contractors; Con­ tracts; Damages; Drainage; Grades and Grading of Streets; Health; Inspector of Buildings; - Municipal Subways and Con­ duits; Nuisances; Paving; Poles and Wires; Private Sewers and Drains; Pri­ vate Streets and Alleys; Sewers and Drains; Sidewalks and Footways; Signs; Water. Condemnation of well water on 8129 3795 Electrical construction and work on 3774 1568 Footbridges on; repair of 853 339 Forcing entrance on, to placard pumps of con­ demned wells and springs 8360 3929 Injured by change of street grade 7372 3410 Injured by excavation of sewerage contractor. 9457 4515 Location of drains on ' 6841 3113 Pumps on; posting and dismantling of 3626 1503 Settling due to pumping of ground water from sewerage trench; liability of contractor... 9457 4515 PRIVATE ROADS— Fire engines using same gives City no authority to repair 1783 685 17 258 OPINIONS OF THE CITY SOLICITOR

PRIVATE SALES— Par. Page Of poles abandoned by City; held valid..: 3012 1218 PRIVATE SEWERS AND DRAINS— See Alleys; Damages; Municipal Subways and Conduits; New Sewerage System; Nui­ sances; Permits; Private Streets and Al­ leys; Sewers and Drains. Assignment by real owner to escape liability for defects 4347 1835 Changing outlet of; authority of City 7389 3419 City cannot compel lot owner to connect with. 9531 4544 City Engineer's jurisdiction over 9543 4550 Condemned— Reconstruction of part of sewer by owner of an easement in; interest acquired by reason of such repairs .- 3120 1267 Connecting same with new sanitary sewers; form of application 5897 2597 7389 3419 7409 3428 Connection with; increased flowage; refusal of permits by owner of drain 9722 4639 Connections with; as affecting ownership of.. 7389 3419 Consent of owner to changes in; when not re­ quired 7401 3424 Cost of adjusting same to New Sanitary System 3505 1442 7162 3292 Defective Drains; power of City to remedy; costs thereof \ 2346 927 Defective reconstruction to accommodate City subways by its agents; cost of repairs to. 3104 1258 Destruction of; damages for. 3508 1443 Extension, of made necessary by municipal im­ provements; cost 3946 1648 Failure, of owner, to repair; repairs by third party having an easement in sewer; owner­ ship in dispute 3120 1267 Flanigan & Sons' sewers and drains' in East Baltimore; purchase by Sewerage Commis­ sion 9209 4384 t 9217 4390 Injured by settlement of trench for City main. 7278 3359 Injury by City's agents in construction of im­ provements 7162 3292 In lots acquired by City; title vests in City... 2687 1079 Legal status of 9531 4544 Liability of City for injury to 7162 3292 May be connected with storm water drains; when 7058 3235 JULY 1, 1903—JANUABY X, 1911 259

PRIVATE SEWERS AND DRAINS—Continued: Par. Page May be taken over by City conditionally under agreement 7389 3419 Minor privilege grant by Board of Estimates; required for 1759 676 Mode of acquisition by City 73S9 3419 Overflow of private drain; damages from 6043 2672 Owners cannot compel Sewerage Commission to take over 8885 4225 Permits^- Form of; clause to prevent assignment to evade liabilities of owner 4349 1836 City Engineer may issue 1980 779 Post-Office Avenue and Second Street; status of 2255 888 Purchase of, by Sewerage Commission; pre­ requisite and conditions 8873 4217 8885 4225 9217 4390 Removal of, to accommodate municipal uses of street bed 3107 1260 Repair of, by Commissioner of Health; fund for 277 112 Right of City to designate location on private property 6841 3113 Sewer at Second Street and Post-Office Ave­ nue; status of 2255 888 Status of, in the streets 3107 1260 Users must repair if owners unkown 277 112 Costs recoverable by suit 278 113 When use amounts to a taking 3508 1443 PEIVATE STREETS AND ALLEYS— See Appeal Tax Court; Assessments; Awnings; Bridges; Commissioner of Street Clean­ ing; Dedication; Franchises and Grants; G-as and Electric Co.; Grades and Grad­ ing of Streets; Health; Lamps and Light­ ing; Licenses; Municipal Subways and Conduits; Notice; Nuisances; Obstruc­ tions; Ordinances; Park Tax; Paving; Permits; Poles and Wires; Private Sewers and Drains; Sewers and Drains; Sidewalks and Footways; Signs; Streets, Highways, etc.; Taxation of Property. Areas and projections on; inspector of Build­ ings no power over. 2034 800 Awning permits on 3510 1444 Changing name of; authority of City 7352 3401 City building regulations apply to construction on 2035 801 260 OPINIONS OF THE CITY SOLICITOR

PRIVATE STREETS AND ALLEYS—Continued: Par. Page City Engineer cannot grade 7413 3430 Claim of property owners against City for ex­ pense of adapting property to grade estab­ lished in mistake 7148 3282 Cleaning of— , Not a duty of City 546 237 Owner to clean space within area of side­ walk 878 347 To be kept clean by abutting owners 2010 791 Collection of ashes and garbage; duty of house­ holders when impassable by carts 6750 3057 Control of; legal status 5049 2163 /Crossings of Public Streets— Bringing same to grade 7030 3219 Railway tracks on; power of City to com­ pel railway to provide safe crossing.... 8402 3953 r. Rendered dangerous by change of grade of public street; duty of City 7030 3219 7413 3430 Deeds to City of; how accepted 5183 2225 5884 2859 Effect of Ordinance 2, June 14, 1905, on status of 2590 1036 Gas Company required to lay supply pipes for City lamps in 4694 1998 Graded and paved by City in mistake 7148 3282 Grades of— Change of, by abutting owner to conform to public intersecting streets; objection by other abutters. 8082 3764 Effect of change of grade of public street 7030 3219 Grading and paving of; notice to owners of abutting property .... *. 4765 2033 Grading to promote public health 8082 3764 House Connections to— New Sewerage System; City must acquire right of way 9320 4439 In state of nuisance; abatement 3262 1337 Laying of sewer in, by Sewerage Commission does not change status of 8244 3857 Legal modes of conversion into a public street 5023 2153 5182 2225 ' Lighting of— City cannot install lamps on.... 995 392» City cannot legally light 5048 2163 5182 2225 Lamps not required on.. 2162 852 Ordinance to install lamps on, held void.. 361 155 Remedy for insufficient lighting 5048 2163 JULY 1, 1903—JANUARY 1, 1911 261

PRIVATE STREETS AND ALLEYS—Continued: * Par. Page Method of determining status of 5182 2'225 No status as a public municipal highway 5006 2147 Obstruction of by private individual. 3655 1518 Owners must build according to grades estab­ lished by City 5273 2264 Paving of— Assessments; collection of 4721 2011 By owners; City Engineer has no jurisdic­ tion except to abate nuisance 8104 3777 Cost of advertising part of assessment for paving 3074 1242 Discontinuance of assessment proceedings upon restoration of alley to good con­ dition '... 6757 3061 In case of nuisance in; Ordinance 13, 1905, construed 4237 1784 Intersections of public and private streets; owners bear expense '.. 326 138 Sidewalk of public street at entrance to.. 7732 3579 To abate nuisance; area to be paved; as­ sessment of cost; retaining wall owned by City binding on alley; city not an abutting owner 4535 1921 Pole license tax not applicable to 5810 2550 Public sewer in private street sold for taxes. 3399 1398 Sewerage Commission— Powers of to lay pipes and drains in 3584 1483 5432 2353 Signs for; name to be placed thereon 7354 3402 Supplying City water to 5885 2590 Taxation of— Advantages and disadvantages of 5824 2558 5831 2560 Beds of assessable for taxes against own­ ers \ 900 355 5824 2558 Property abutting on; assessment of 900 355 Tracks on not subject to Park Tax...... 3186 1301 PRIVATE WELLS— See Wells. PRIVATE WORK— When municipal officials may engage in 5599 2434 PRIVILEGES— See Minor Privileges and Franchises. PRIVY WELLS— See Nuisances; Permits; Joint well in state of nuisance; party responsi­ ble for abatement. 9288 4424 262 OPINIONS OF THE CITY SOLICITOR

Par. Page PRIVY WELLS—Continued: On City property; right to use by prescription, denied adjoining owner 859 342 Permit for use of 5841 2566 Status of those in use prior to February 26, 1906 5840 2566 Substitution of water closets and sanitary drainage for 388 169 Throwing garbage, etc., in 3452 1460 When abandoned may be filled up; exception. 859 342 PROBATIONARY FIREMEN— See Fire Department. PROCEDURE— See Nuisances. PROCEEDINGS— In Ejectment. See Ejectment Proceedings. PROCESS— See Nuisances. PROHIBITED STRUCTURES— See Apartment Houses. PROJECTIONS— Beyond Building Line. See Building Lines. Over Sidewalks. See Sidewalks and Footways. PROPERTY— See Burnt District; City Property; State Prop­ erty. Destroyed by Fire— ' ' Owner liable for taxes previously as­ sessed 1203 469 In Annex. See Annex. In Burnt District. See Burnt District. Purchased by City. See Taxation of Prop­ erty. - Taxable Property. See Taxation of Property. Tax Sales; jurisdiction of Court; effect of... 2953 1195 Transfer of— Costs of paving; liability of Vendor and vendee; notice 3057 1236 Pending abatement of nuisance thereon.. 4560 1935 Rent accruing after, payable to alienee... 4145 1742 To City; abatement of taxes on 2930 1191 PROPERTY OWNERS— See Abutting Property Owners; New Sewerage System; Nuisances; Owners of Property; Paving; Sewers and Drains. No recovery for damage to property by fire apparatus T 9806 4688 JULY 1, 1903—JANUARY 1, 1911 263

PROPOSALS— Par. Page See Contracts, sub-title Bids. PROSECUTIONS— See Pines, Penalties and Costs; Permits. PUBLIC ATHLETIC LEAGUE— Appropriation for; payment of 9836 4707 PUBLICATION OF— Laws and Ordinances. See Advertisements. Electric Meters; ordinances relating to 8009 3718 Public Local Laws 1197 465 Of Notices. See Notices. Of Paving Ordinances. See Paving. PUBLIC BATHS (FREE)— Commission on. See Architects; Public Com­ fort Stations. Its control over number and salaries of its employees 4267 1797 PUBLIC BUILDINGS— See Buildings; Municipal Buildings. PUBLIC COMFORT STATIONS— See Public Baths; Contracts; Markets. Appropriation for, at Centre Market 5269 2262 Bids for, must be advertised 4425 1872 Construction of; Inspector of Buildings to su­ pervise 5045 2162 Free Public Bath Commission may select archi­ tect and approve plans of 4690 1995 Lot at Hopkins Place and Baltimore Street may be used as site for 4447 1882 Ordinance providing for establishment of, held valid 4519 1913 PUBLIC DEBT— Creation of, must be submitted to people 4495 1905 4504 1908 4508 1909 PUBLIC EASEMENT— See Franchises and Easements. PUBLIC EXHIBITIONS— See Exhibitions. PUBLIC HEALTH— " See Health; Permits. PUBLIC GENERAL LAWS (1904)— See Acts of Assembly. Construed— Article 2— Section 12 9278 4419 Article 13— Section 9 533 223 264 OPINIONS OF THE CITY SOLICITOR

PUBLIC GENERAL LAWS (1904)—Continued: Construed— Article 16— Section 47 3528 1452 Section 68 3941 1645 Section 107-116 '. 3523 1451 Article 20— Section 1 6489 2925 Article 23— Section 110 708 289 1595 613 Sections 132, 133, cited 3991 1667 Section 143 3850 1605 Cited 2587 ' 1034 Section 149 6971 3193 Section 176 :..;... 6970 3193 Section 255 2805 1133 Section 293 3451 1416 Article 24— Sections 1, 6; costs of removed cases 4365 1843 Section 2 3782 1572 Article 24— Section 24 8057 3749 Section 24; to cover trespassing on City prop­ erty 6946 3180 Section 93 2630 1056 Section 247 712 , 290 Section 529; cited 2465 981 Section 599. . 3523 1451 Article 33— Section 89; to apply to City employees 9408 4485 Article 36— Section 19 2784 1124 Article 43— Section" 32. .. , 5199 2230 Section 34J 4252 1790 Section 46 3874 1617 Section 59 4413 1866 5200 2230 Sections-74 to 77— Provisions apply to nuisances originating be­ yond City limits 4657 1979 Article 44— Sections 33, 34 8599 4072 Article 52— i Section .13. ... . ; 2787 1124 Article 55— Sections 38, 39 9461 4507 JULY 1, 1903—JANUARY 1, 1911 265

PUBLIC GENERAL, LAWS (1904)—Continued: Par. Page Construed— Article 56— Sections 8, 9, 10 9276 4418 Sections 24 to 30— Cited as to general laws relating to hawk­ ers and peddlers 6267 2799 Sections 131-140 2683 1076 Article 59— Section 1 472 201 3060 1237 Sections 1, 3, 31 3524 1451 Sections 12, etc , 3525 1451 Article 72— Section 80 2969 1201 Article 76— . Section 4 1197 465 Article 77— Sections 42 and 130 8259 3864 Section 59 8256 3863 Section 116 8257 3863 8260 3864 Article 81— Section 2 901 356 5250 2254 Section 4 153 54 155 55 1918 751 As to universities; Homewood not exempt 4435 1879 Section 7 2702 1086 Section 8 480 204 Sections 18, 19 1374 529 Section 22, 1168 457 Section 26 , 1172 458 Cited 1189 463 Sections 29-32; cited 1191 463 Section 49; cited 1191 463 Sections 66,68 . 4140 1740 Sections 81, 89, 93 ' 932 368 Section 89 4248 1788 Sections 89-91 3204 1309 Sections 146A-146F 154 54 Section 198 3444 1414 Section 208; cited 3445 1415 Section 210 5529 2400 Sections 218-228 1374 529 PUBLIC HIGHWAYS— See Streets, Highways, etc. 266 OPINIONS OF THE CITY SOLICITOE

PUBLIC IMPROVEMENTS— Par. Page See City Jail; Municipal Buildings; Municipal Construction; Schools. Appropriations for 365 157 Board of. See Ordinances. Members of -cannot vote on ordinance by letter 4683 1991 Minutes of; who should sign 305 128 Powers as to appropriations 365 157 Secretary or clerk of 305 128 PUBLIC LOCAL LAWS (1888), ART. 4— See Charter and Miscellaneous Local Laws; Acts of Assembly. Construed— Section 39 3021 1221 Sections 49, 50; cited 3024 1222 Section 50; cited 3022 1221 Sections 298-304 4664 1982 Sections 327, 328 111 38 Sections 329-336, inclusive 113 38 Section 508 Ill 38 Section 810 205 76 Section 811a 206 77 Section 825; cited 5260 2259 Section 829; superseded by City Charter 785 317 Publication of Acts operative in Baltimore City; cost thereof 1197 465 PUBLIC MONEYS— See Injunction Proceedings. PUBLIC OFFICERS— See Municipal Officials. May hold but one office yielding pecuniary com­ pensation.- 1134 444 PUBLIC PARKS AND SQUARES— See Parks and Squares. PUBLIC PRINTER— Insolvency of, vacates office 8736 4145 No legal right to certain printing of the New Sewerage Commission 6393 2865 Printing of all municipal reports to be done by 2324 917 PUBLIC PROPERTY— See City Property; Easements. PUBLIC RECORDS— Access of general public to , 283 116 PUBLIC SAFETY AND CONVENIENCE— Contract created by ordinance; effect of consid­ eration of . : : 1870 733 PUBLIC SCHOOLS— See Health; Schools. JULY 1, 1903—JANUARY 1, 1911 267

PUBLIC SERVICE CORPORATIONS— Par. Page See City Engineer; Easements; Electrolysis; Fran­ chises and Grants; Gas and Electric Co.; Municipal Subways and Conduits; New Sewerage System; Nuisances; Paying; Permits; Poles and Wires; Sidewalks and Footways; Steam Railroads; Street Rail­ ways; Streets, Highways, etc. Claims of City departments for account of work made necessary by existence of structures or materials of in highways... 6371 2856 Conflict of street rights 6234 2779 Effect of consolidation upon franchise rights of 5415 2343 Expenses insurred by in course of construction of municipal improvements; rule as to City's liability 8167 3818 Liable for easement tax notwithstanding pay­ ment of conduit rent 7421 3435 Must reimburse City for expenses incidental to their (occupancy of highways of City 6371 28-56 Must pay services of City inspectors, when dis­ turbing streets 6855 3120 When expense of tearing up pavement is chargeable to 6496 2928 PUBLIC SEWERS— See Sewers and Drains. PUBLIC SQUARES AND PARKS— See Parks and Squares. PUBLIC STANDS FOR VEHICLES— See Vehicles. PUBLIC STREETS— See Paving; Streets, Highways, etc. PUBLIC UTILITIES COMMISSION— Parts of salaries payable by City must be paid monthly 9203 4381 PUBLIC WELFARE— See Parks and Squares; Street Railways. PUBLIC WORK— See Contracts; Eight Hour Law; Laborers; Wages; Registered Voters. Cannot be split up to bring cost under $500 to avoid provisions of Sections 14, 15, of Charter 3100 1255 Competitive bidding for not compulsory 2203 869 PUMPING STATION— High Pressure Fire Pipe Line. See Fire De­ partment. Sewage Pumping Station. See New Sewerage System. 268 OPINIONS OF THE CITY SOLICITOR

PUMPS— Par. Page See Health; Water. Condemned—• Procedure of Water Engineer to avoid conflict with abutter 8557 4047 Posting and dismantling when con­ demned; powers of Commissioner of Health 3626 1503 On Private Property— Amendments to ordinances relating to con­ demnation of proposed. 8423 3968 8427 3970 Dismantling of; condemnation of water; supply of City water in lieu thereof.... 8127 3794 8129 3795 Duties and powers of Commissioner of Health and Water Engineer 8362 3940 On Public Property— Duties and powers of Commissioner of Health and Water Engineer 8360 3929 PUPILS IN PUBLIC SCHOOLS— See Schools. PURCHASE MONEY— See Taxation of Property. PURCHASES— See Boards; Contractors; Contracts; Materials and Supplies; Municipal Officials. Of City Property. See City Property; Public Improvements. "PURE MILK" LAW— See. Health. (QUALIFICATION FOR OFFICE— See Constables. QUARANTINE STATION— Treatment of leprosy at, lawful 9006 42'87 QUARRIES— See Leases. Blasting within City limits; ordinance regu­ lating 4521 '1914 In Annex; use of explosives in blasting 8635 4092 On Franklin Road— Eight of City's tenant to open new quarry rejected • 6064 2681 "Quarry"; definition of term 6062 2680 JULY 1, 1903—JANUARY 1, 1911 269

QUORUM— Par. Page See City Council. Lack of in one branch of City Council; effect on business from other branch. 990 389 993 390 Of either branch; powers of in absence of pre­ siding officer 990 389 993 390 RAGS, BONES AND SOAPFAT— See Garbage, House Offal and Refuse. Conveyance of through City; permit for 1072 421 RAILROAD BRIDGES— See Grades and Grading of Streets. RAILROAD COMPANIES— See Steam Railroads. Charters of repealable by Legislature 9667 4609 RAILROAD CROSSINGS— See Grade Crossings; Steam Raliroads. RAILROAD FRANCHISES— See Steam Railroads; Franchises and Grants. RAILROAD LOCOMOTIVES AND CARS— See Cleaning of Streets; Locomotives and Cars. RAILROAD TRACKS— See Grades and Grading of Streets; Piers; Steam Railroads; Street Railways; corporate titles of the various railroads. RAILROAD SHOPS— See Mt. Vernon Shops. RAILS OF STREET RAILWAY TRACKS— See Street Railways. RAILWAY MAIL SERVICE— Employee in may retain residence in City with­ in meaning of non-resident tuition ordi­ nance 6539 2952 RAILWAY SAFETY GATES— See Safety Gates. RAILWAY TRACKS— See Abutting Property Owners; City Engineer; Docks, Wharves and Piers; Grade Cross­ ings; Ice and Snow; Notice; Paving; Per­ mits; Private Streets and Alleys; Street Railways; corporate titles of various rail­ ways. Readjustment of. See Inspections. RAINSTORMS— See Paving. 0 270 OPINIONS OF THE CITY SOLICITOR

RAINY-DAT PAY FOR LABORERS— Par. Page See Laborers. RATE OF TAXATION— See Annex; Taxation of Property. RATES OF FARE AND CHARGES— See Franchises and Grants; Stables. RATES OF WAGES— See Wages. RATES FOR WATER— See Watre Board; Water Rates. REAL ESTATE— See Easements; Taxation of Property. READING OF ORDINANCES— See Ordinances. READY AVENUE— Supplying City water to residents on in Balti­ more County • 2892 1173 REALIGNMENT OF RAILWAY TRACKS— See Street Railways. < RE-ASSESSMENT OF TAXES— See Taxation of Property. REBUILDING— See Stables. RECEIPTS— See Vouchers. RECEIVER PENDENTE LITE— See Nuisances. Nuisances on property held by. 343 148 RECORDS— See City Engineer; City Solicitor. RECORDING FEES— See Judgments. RECOUPMENT— Doctrine not applicable in case of injury to subway by negligence of paving contractor 6664 -3012 RECREATION PIERS— See Park Board. Pell's Point Recreation Pier— City's authority to construct 6652 3007 6660 3010 Legal prerequisites for erection and mainte­ nance of . "....:. 6660 3010 Must be authorized by ordinance 6658 3009 Over City Docks— Harbor Board may build if authorized by City 2127 837 Right of City to construct without further statutory authority '.. .. 6652 3007 6660 3010 JULY 1, 1903—JANUARY 1, 1911

REDEMPTION FEES— Par. Page •S. P. C. A. must account to City therefor 9284 4422 REDUCTION PLANT— See Garbage, House Offal and Refuse. RE-ENTRY OF LANDLORD— See Liens. REFORMATORY INSTITUTION— National Junior Republic held to be 3921 1636 REFUNDS— See Benefits; Board of Estimates; City Collector; Franchises and Grants. Of Fines, Penalties and Costs. See Costs; Fines and Penalties. Of License Fees. See Licenses. Of Premiums on Bonds. See Bonds. Of Taxes. See City Property; Taxation of Property. For taxes paid under erroneous assess­ ment several years prior to application 8625 4086 Of Taxes; provision for 8518 4023 REFUSE AND REFUSE MATERIALS— See Garbage, House Offal and Refuse; Materials; Nuisances. Disposal of 8383 3943 Vegetable; from commission houses; ordinance relating to removal of garbage applies to. 8818 4183 REGISTERED PLUMBERS— See Plumbers and Plumbing. REGISTERED VOTERS— See Contracts; Employees; Laborers; Minors; Municipal Boards; Municipal Officials; Park Board. Employment of, by Contractor on City Work: Bill to require 3266 1339 Duty of contractors; effect of breach upon contract 6415 2878 Limiting departmental subordinates to.... 4081 1711 Limiting public work done by day labor to 4081 1711 Limits of City's contractual powers relat­ ing to. . . 6189 2754 Ordinance excluding non-registered voters, invalid 5373 2314 Ordinance relating to (No. 31 of 1898), invalid in part 6182 2750 Park employees need not be 695 284 7012 3210 Violation of clause in contract giving pref­ erence to; enforcement of requirement. 6763 3065 272 . OPINIONS OF THE CITY SOLICITOR

Par.

City 5472 2374 Nuisance on; abutting owners to abate 686 281 Regrading of; cost of 7172 3297 Status of, as a highway 7172 3297 Status of City's control over 9114 4343 Toll rate within City limits 5473 2374 REJECTION OF BEDS— See Contracts, sub-title Bids. RELEASES— See Almshouse; Bay View Asylum; Bonds; Com­ mitments; Condemnation of Property; Contractors; Contracts; Paving; Taxation of Property. For payment of salary due deceased employees 5851 2573 For payment of surplus from tax sale 734 298 From paving contractor upon abrogation of contract 5092 2181 In Condemnation Proceedings— Release of trustee; when not binding on bondholders..... ; 2076 815 Of paupers before sentence served; refused... 2960 1198 To contractor upon acceptance of completed work by City forbidden 6128 2723 RELIGIOUS ORGANIZATIONS— Benefits in street opening; not exempt from.. 1576 604 RELIGIOUS SERVICES— In Parks. See Park Board. Park Board may issue permits , 1718 658 JULY 1, 1903—JANUARY 1, 1911

RELOCATION OF RAILWAY TRACKS— Par. Page See Paving; Street Railways. REMEDIES— See Contractors; Contracts; Nuisances. Against contractor furnishing inferior coal.... ~4528 1918 On Breach of Contract. See Contracts. 3864 1612 REMINGTON AVENUE— Bridge Over— Agreement with Md. & Penna. R. R. Co. in re 7458 3453 Controversy with Md. & Penna. R. R. in re cost of widening and raising same... 7457 3452 Opinion of company's counsel in re rights and obligations of the Md. & Penna. R. R. in changes at 7474 3458 Changing grade of, at bridge of Md. & Penna. R. R.; estimates of cost necessitated by alterations in bridge 7457 3452 7494 3469 Width of street condemned 7492 3468 REMISSION OF FINES AND COSTS— See Fines, Penalties and Costs. REMNANTS OF LOTS— Sales of. See Burnt District. REMOVAL OF— Consumptives. See Health; Tuberculosis. Gas Mains. See Gas Mains and Pipes. Garbage. See Garbage, House Offal and Refuse. Ice and Snow. See Ice and Snow; Parks and Squares; Police; Sidewalks and Footways. Poles. See Poles and Wires. Railway Tracks. See Contractors. Street Railway Tracks. See Street Railways. REMOVAL FROM OFFICE— Case of Wm. F. Harig 6075 2689 Constables. See Constables. General Powers relating to 6523 2941 Harbor Board Employees. See Harbor Board. Mayor's authority; procedure 1657 638 5654 2464 Mayor's Powers in. See Mayor. Municipal Officials. See Mayor; Municipal Officials. Teachers. See Schools; Teachers. 18 274 OPINIONS OF THE CITY SOLICITOR

Par. Page REMOVED CASES— See Costs; Fines and Penalties.

RENEWALS— See Licenses; Markets.

RENTS AND RENTALS— See Park Tax. Of Conduit Space. See Municipal Subways and Conduits; Public Service Corporations. Of Offices. See Annex Improvement Commis­ sion. Renting Poles. See Poles and Wires. Apportionment of as between alienee and for­ mer owner of property 4145 1742 Is payable to transferee of property when it becomes due after alienation. 4144 1742

REORGANIZATION OF FIRST BRANCH— See City Council.

REPAIRS— See Appropriations; Bridges; City Engineer; Con­ tractors; Contracts; Municipal Buildings; Notice; Paving; Schools; Stables; Street Railways; Streets, Highways, etc. Bulkhead foot of Broadway 4671 1984 Funds for. See City Engineer; Grades and Grading of Streets; Paving. Street railway trackage space in streets 8160 3815 To Bridges. See Bridges. To Condemn Buildings. See Buildings. To Court House; Inspector of Buildings to supervise 1109 435 To fire apparatus 4701 2001 To Paving. See Bonds; Contractors; Paving; Street Railways; Streets, Highways, etc. To Waste Pipes. See New Sewerage' System. Wage scale for City work 227 86

REPAVING— See Contractors; Burnt District; New Sewerage System; Paving; Street Railways; Streets, Highways, etc.' In Annex. See Annex; Annex Improvement Commission. Over Trenches by Contractor. See Extra Work. JULY 1, 1903—JANUARY 1, 1911 275

REPEALING ACTS OR STATUTES— Par. Page See Acts of Assembly; Statutes. REPEALING ORDINANCES— See Ordinances. REPORTS— See City Council. Municipal; printing of 2319 916 Of Physicians. See Health; Infectious and Contagious Diseases. Of Tax Sales. See Taxation of Property. To M. & C. C. of Balto.; printing of 2319 916 RESCISSION OF CONTRACTS— See Contracts. RESERVED FUNDS— . See Contracts. RESERVE PRICE— Right of municipal agent to fix in sale of un­ used land in widening, etc., of streets.... 2037 802: "RESERVATION"— Legal definition of 4448 1882 RESERVOIRS— See Condemnation of Property; Hours of Labor. Calloway Reservoir Site— Appropriation for site in lieu of, disap­ proved 410 178 Clause in Ordinance of Estimates for 1903 creating board to purchase, declared void 80 29 New High Service Reservoir— Alleged violation of laws and ordinances by contractors 6396 2867 . ' 6419 2879 Punishment for trespassers on site of 6946 3180 Valuation of Warren Manufacturing Co.'s prop­ erty for purposes of 5571 2422 5584 2428 RESIDENTS— Of Baltimore County. See Water. RESIGNATION FROM OFFICE— See Constables. RESOLUTIONS— See Ordinances, and several City. Code titles. Appropriations of money not to be made by.. 2177 858 Construed—• 1850—No. 127 9777 4671 1863—No. 88, May 23 6380 2S59 1878—No. 305, September 25 ' 7215 3321 1893—No. 96, March 28 • -. 8528 4029 276 OPINIONS OF THE CITY SOLICITOR

Par. Page RESOLUTIONS—Continued: Construed— 1894—No. 175, April 28 3925 1638 Cited 315 134 Cited 3979 1663 1900—No. 16, March 12 648 266 1900, No. 20, June 11 2656 1064 RETAINED FUNDS UNDER CONTRACTS— See Contracts. See Jones' Falls; Nuisances; Walls. Not property fronting on an alley "within mean­ ing of Sec. 85, Code (1906), Art. 35 4536 1921 On Jones' Falls; agreement with Valentine Winters 4537 1922 Use of to prevent encroachment of street fill upon private property 7539 3492 RETIRED MEMBERS OF FIRE DEPARTMENT— See Fire Department. RETROACTIVE STATUTES— See Acts of Assembly; Statutes. HE VALUATION FOR TAXES— See Taxation of Property. REVENUE TAXATION—' See Licenses; Taxation of Property. REVERSIONER— See Paving; Sidewalks and Footways. Interest of. See Leases; Liens. Lien for cost of demolition of dangerous build­ ings; liability of 4174 1754 REVOCATION— Of Licenses. See Licenses. Of Permits. See Permits. REWARDS— Art. 1, Sec. 12 (Code 1906), construed. 6161 2739 Funds payable from 6161 2739 For arrest, etc., of criminals; payable unless withdrawn 6161 2739 REX CHEMICAL COMPANY— Annulment of its contract for violation of specifications . /. i 5672 2473 RICHMOND MARKET— See Markets* • . . RIDGELY STREET— B. & O. tracks at Ostend Street; raising grade of 1850 724 Change of grade to make safe crossing, of rail­ way tracks at Ostend Street 7366 3408 JULY 1, 1903—JANUARY 1, 1911

Page BIGHTS OF WAY— See Easements; New Sewerage System; Streets, Highways, etc. Conditional grant for City sewer disapproved. 8954 4261 In Public Property— Are real estate and assessable as such. .. . 1291 493 Should be assessed cum onere 1294 493 In Highways— Are assessable for taxes 1292 493 Of Street Railways— Taxation of, in Annex 267 105 RIGGS-ROSSMAN COMPANY— Claim account of Detention House contract de­ nied 1822 70S RILEY, VIVIAN— Non-Resident Pupil; case of 6673 3018 RIPARIAN RIGHTS— See Harbor Board. Dispute between private parties not cognizable by City departments 7297 3371 Riparian Owners— Rights, when natural stream is polluted by sewage 2793 1127 Valuation of same in condemnation proceedings 5580 2426 RIVERSIDE PARK— Artesian well for; appropriation by resolution, improper 2177 858 ROLAND PARK ELECTRIC & WATER CO.— May furnish electricity within City limits if equipment and apparatus be maintained exclusively oh private property without enabling ordinance 3771 1567 ROLLERS— See Steam Rollers. ROLLING STOCK OF RAILROADS— See Assessments; Steam Railroads; Taxation of Property. ROSE STREET— Paving assessments relating to 6604 2983 Public Street 293 122 ROSS STREET— Paving specifications approved 4707 2003 ROUTES FOR FIRE ENGINES— See Fire Department. RULES AND REGULATIONS— See Buildings; Electrical Work; Fire Department; Inspector of Buildings; Park Board. '278 OPINIONS OF THE CITY SOLICITOR

RUSSELL STREET— Par. Page City required to grade 6346 2838 SAFETY GATES— See Street Crossings. Charter requirements mandatory 2386 946 Operation of, at night-mandatory under Charter 5353 2305 SAFETY REGULATIONS— See Moving Picture Places. ST. MARY'S INDUSTRIAL SCHOOL— Trustees of; appointment of City's representa­ tives 1754 674 SAINT PAUL STREET— See Chesap. & Pot. Tel. Co. Paving of— ' Authority for, includes footways of 2907 1179 Sidewalks in Annex 7022 3216 Sewer for Sumwalt Run in bed of 2096 825 Telephone manhole removal under police Power '. 1870 733 ST. PAUL STREET BOULEVARD— Delay of contractor in paving of 4355 1839 ST. PETER'S CEMETERY— Act of incorporation, construed 6301 2816 Exemption from' taxation does not extend to benefit assessments 6300 2815 Extension of Bentalou Street through; prohibi­ tion against condemnation 4133 1736 SALARIES— See Appropriations; Board of Estimates; Burnt District; Employees; Fire Department; Inspector of Buildings; Municipal Offi­ cials; Parks and Squares; Public Baths; Public Utilities Commission; Releases; Teachers. Bailiffs of Tax Department- Ordinance- fixing, approved 848 337 Commissioners for Opening Streets— Employees of; increases .. ..' 4299 1811 Municipal Officers or Employees— Assignments of; invalid , 1884 739 Discussion of Charter provisions respect­ ing 2342 925 Due deceased employee; persons entitled thereto. 5851 2573 Increases in; limiting power of the Ordi­ nance of Estimates 4299 1811 When payable 144 50 Of Burnt District Commission. See Burnt Dis­ trict Commission. 4398 1858 JULY 1, 1903—JANUARY 1, 1911 279

Par. Page SALARIES—Continued: Teachers— Appropriations; powers of Board of School Commissioners over 3285 1348- Commissioners have sole power to fix.... 3286 1348 When payable under Retirement Act 7122 3270 SALES— See City Property; Condemnation of Property; Licenses; Magazines; Markets; Oils; Tax­ ation of Property. Abandoned poles of Fire Alarm Telegraph; pro­ cedure 3011 1217 Adulterated milk; prohibiting 8659 4106- In Streets- License required by wagon hawkers and peddlers 9461 4507 Of fixture's for special illuminations; when valid. 382 165 Of Land in Burnt District. See Burnt District. Of Public Property— Right of municipal agency to fix reserve price 2037 802; Private Sales— Proper parties on behalf of City under $5,000,000 Harbor Loan to purchase at.. 9713 4634 Sales for Taxes— Advertisement must give sufficient descrip­ tion. 2983 1207 Court's jurisdiction must attach to prevent . sale 2950 1194 Effect on public sewer laid through prop­ erty sold 3399 1398 Erroneous assessment of City property; rescinding sale 4319 1821 Immediate report of, required 2425 964 Lot conveyed to City for taxes; erroneous assessment 4319 1821 Vehicles on streets; unlawful 3046 1230 SALVAGE CORPS OF BALTO. CITY— Act exempting its property from taxation in­ valid 6957 3185 SAMPLES AND CIRCULARS— See Circulars and Samples; Contracts. SANATORIUM^— Permit required for 9750 4654 SANFORD & BROOKS CONTRACTING CO.— Claim of; old material on site of Piers 4, 5, 6.. 7275 335T 280 OPINIONS OF THE CITY SOLICITOR

SANITARY CONDITIONS— Par. Page See Schools. SANITARY CONTRACTING CO.— Reduction plant of; delivery of garbage, etc., at 2618 1049 SANITARY SEWERS AND DRAINS— See New Sewerage System; Private Sewers and Drains; Sewage; Sewers and Drains. Construction of, as extra work on Storm Water Contract No. 3 5720 2503 Laying of, under storm-water contracts 5723 2506 Private Sewer Connections. See Sewers and Drains. SARATOGA STREET— Raising grades of streets and sidewalks of. ... 8708 4132 SAUSAGE FACTORIES— As a nuisance 290 120 SAVINGS BANKS— See. Assessments; Taxation of Property. Deposits in; title to such funds; status of.... 3210 1311 Securities representing investments of surplus in excess of deposits and interest may be assessed for taxation 3217 1314 t Surplus in excess of deposits not taxable under Act taxing deposits 3202 1308 Surplus funds; taxation of; report to State Tax Commissioner ' 4247 1788 SCAFFOLDING— See Board of Estimates; Minor Privileges and Franchises; Permits; Sidewalks and Foot­ ways. Permit required for, if to extend belond 4%- • feet from building line 6341 2836 When erection of, is a minor privilege 6342 2S36 . SCALE OF WAGES— See Eight Hour Law. SCALES, MEASURES, ETC.— • See Weights and Measures. SCARLETT, WM. G^- Damage claim in widening of Pratt Street.... 9772 4667 9787 4677 9792 4681 SCHLEY BUST— May be purchased by City without enabling Act 5492 2383. SCHLEY v. LEE, 106 Md. 390— Held not to affect dictum of Court of Appeals in re State v. Baltimore, 105 Md. 1, relating to City stock held by National Banks 6461 2905 JULY 1, 1903—JAKUAKY 1, 1911 281

Par. Page SCHOOLS— See Appropriations; Health; Inspector of Build­ ings; Manual Training; Non-Resident Pu­ pils; Non-Residents; Paving; Polytechnic Institute; Sidewalks and Footways. Board of School Commissioners. See Salaries. Absent members cannot vote by letter 2535 1012 Appointment of members of 8747 4150 Cannot delegate its judicial functions 6293 2811 Employment of architect by 230 88 Its jurisdiction over heating, plumbing, ventila­ tion and sanitation 5871 2583 Majority of a quorum; majority of a quorum may transact business 3163 1286 Music at commencements; claim for compensa­ tion ; change of date without notice 9028 4298 Powers relating to removals, transfers and sal­ aries of teachers 6291 2811 Repairs to schools;' jurisdiction over 5871 2583 Parental Schools— Appropriations for. See Appropriations. Is part of Public School System 3827 1594 Power of School Board to clothe pupils in 5773 2532 Land or Property for Schools— Ordinance appropriating sum for School 22, construed 6678 3021 Purchase or lease of land for parental schools outside of City limits probably invalid.... 3829 1595 Right of City to hold property for outside of territorial jurisdiction, doubtful 3829 1595 Pupils in Public Schools— Non-Resident Pupils— Mere temporary residents not sufficient for admission i 6014 2660' Ordinance relating to, construed 5002 2145- Resident guardian must be properly ap­ pointed to entitle free tuition 9625 4589 Physical Examinations of— Commissioner of Health may prescribe rules for ; 5558 2412: Power of health and school authorities to enforce compulsory examinations of.... 5558 2412; Vaccination of— Certificates of vaccination 3876 1618 Law governing same defined 3872 1617 :282 OPINIONS OF THE CITY SOLICITOR

SCHOOLS—Continued: Par. Page Pupils in Public Schools— Vaccination of— Procedure of Health Department in; its practice approved 6076 2689 '. 6078 2691 School Buildings. See Appropriations; Ordinances. Eastern High School; employment of architect to prepare plans for 230 88 Improvements to; appropriations for 5871 2583 5873 2584 Loan (1957) for, held valid 9567 4562 9572 4564 Ordinance authorizing use thereof for other than public school purposes, invalid 6101 2704 Rejection of plans for; architect's claim for compensation 6572 2966 Repairs to— Appropriations for 5872 2584 Electrical. See Polytechnic Institute. Plumbing and heating 2296 907 Proper officer to make 2296 907 To improve heating, plumbing, ventilation and sanitary conditions 5871 2583 Sidewalks in front of. See Paving. Maintenance of 7139 3278 Supervisor of School Buildings— Duties of; scope of his authority 2296 907 5870 2583 School Funds and Revenues— Free School Book Fund— Apparent hiatus in annual payments by State Comptroller 9621 4587 Funds from Intestates' Estates— Accounts relating to 6542 2952 Application to repairs for school buildings valid . 6542 2952 Are additional funds for support of pub­ lic schools 4688 1994 Disbursement of, and accounting for 6542 2952 Use of, by School Board 4688 1994 Use to pay for addition to one of schools, valid 6280 2805 'Teachers— Board may compensate teachers for extra work in Normal Extension Course and promo­ tional examinations 8581 4062 Re-instatement of teacher shortly after her res­ ignation 9694 4625 Theme Readers; power to appoint 8581 4062 JULY 1, 1903—JANUARY 1, 1911 283

SEA FOOD AND GAME— Par. Page See Garbage, House Offal and Refuse. SEAL— Of City. See Licenses. Licenses to receive impress of 1636 628 Of Corporation. See Stocks, Loans and Pi- nance. SEATS FOR FEMALE EMPLOYEES— See Female Employees. SECOND AVENUE— Status of sewerage system under construction in 9543 4550 SECOND STREET— See Sewers and Drains. SECRETARY— See Supervisors of City Charities. To the Mayor. See Mayor. SEMMES ACT (1904, Ch. 616)— See Acts of Assembly; Awnings; Hitching Posts. Construed 1888 740 2958 1197 As to awnings 8904 4235 Does not affect lamps outside Burnt District.. 8911 4239 Hitching Posts; status of, under 3545 1462 SEPTIC TANK— See Patents. SERVICE PIPES— See Gas Mains and Pipes; Lamps and Lighting. SERVITUDES IN STREETS— See Steam Railroads; Street Railways. Status of steam railroad motors on 1508 580 SESSIONS OF CITY COUNCIL— See City Council. SET-OFF— See Damages; Paving; Recoupment. SETTLEMENTS— See Buildings; Contractors; Contracts; Creditors; Sewers and Drains. In Sewer Trenches. See Sewers and Drains. Of Buildings. See Buildings. Of Railway Tracks. See Street Railways. Alleged improper backfilling by sewerage . contractor. . 9024 4296 ,Of Street Bed. See Paving; Union R. R. Tun­ nel. Of Walls of Buildings. See Foundations; Walls. Under Contracts. See Contractors; Contracts. 284 OPINIONS OF THE CITY SOLICITOR

SEVENTH STREET— Par. Page Bridge over W. M. T. R. R 8751 4152 Grade establishment on 3517 1448 SEWAGE— See Drainage; Gas and Electric Co.; New Sewer­ age' System; Private Sewers and Drains; Sewers and Drains. Disposal of— From municipal property; covered by New Sewerage Loan 8655 4103 From property between Jones' Falls and the storm-water intercepter 7918 3675 Plumbing permits not to issue where streams may be polluted 2862 1158 To abate nuisance at Forest Park 8990 4279 Disposal Plants— Acquisition of land for, by arbitration, upheld. 3663 1523 Enabling ordinance required to authorize erection on park property 6887 3138 Filtration Systems— .Resume of patent records and law relatJ ing to 5385 2321 House Connections for— New Sewerage System 9315 4437 Use of joint connection 9385 4465 Permit for sewer drainage; Commissioner of Health must approve plans 3697 1538 . Pollution of stream of water by 4097 1717 Pumping Station. See New Sewerage System. SEWERAGE— Commission and Connections." See New Sewer­ age System. Contracts. See Contracts; Extra Work; New Sewerage System. Enabling Act. See New Sewerage System; Taxation of Property. Pumping Station. See New Sewerage System. SEWERS AND DRAINS— See Alleys; Assessments; Contractors; Contracts; Damages; Gas and Electric Co.; Harbor Board; Inter-Departmental Adjustments; Jones' Falls; Minor Privileges and Fran­ chises; Natural Streams; New Sewerage System; Notice; Nuisances; Owners of Property; Permits; Private Property; Pri­ vate Sewers and Drains; Private Streets and Alleys; Sewage. JULY 1, 1903—JANUABY 1, 1911 285

Par. Page SEWERS AND DRAINS—Continued: Acceptance of from Contractor— Implied from connecting up with 7099 3259 7105 3263 Use of sewer prior to; safeguards against defects in sewer 8994 4281 City Engineer- Cleaning of sewers under direction of.... 486 206 Drains to sewers are under control of.... 1541 590 Is authorized to inspect same 1541 590 City must erect of sufficient capacity 5153 2208 Conditional grant of right of way for disap­ proved 8954 42'61 Connections with. See Nuisances. Connecting property on which sewer as­ sessment is unpaid 5033 2157 House Connections with New Sewerage System— When to be laid at front or rear of lot 9315 4437 When property owner may be com­ pelled to make 9530 4544 May work implied acceptance of entire sewer line built under contract 7099 3259 7105 3263 Sewers and Drains in Streets^- Concealed connections to; City Engi­ neer to investigate 1019 402 Construction of by City, beyond corporate limits 5150 2207 Contract for Laying. See Contractors. Power to enlarge dimensions of under general clause in contract authorizing expedient changes in construction 5434 2357 Contractor for Laying— Abandonment of work by contractor; method and cost of repairing 9562 4559 Changes in location of sewer; injury to adjoining property resulting; liabiltiy of contractor 9457 4505 Liability for defects after 9 months 9742 4650 ' Obligation of contractors as to removing and relaying pavement disturbed by shifting of railway tracks 5734 2514 5737 2516 5742 2518 286 OPINIONS OF THE CITY SOLICITOR

Par. Page SEWERS AND DRAINS—Continued: Contractor for Laying— Repairs to work of; method and cost... 9562 4559 Underpinning of buildings pending con­ struction; obligation of contractor fixed by provisions of contract as well as principles of general law 6554 2958 Drains-^- Box drain in East Payette Street 295 123 Connecting with New Sewerage System; jurisdiction over 5432 2353 For surface water or natural drainage; obstruction of; duty and liability of owners ".... 6823 3100 6825 3102 Grading and paving includes necessary construction of - • • • • 3544 1461 3554 1467 Sheehan drain in Light Street; title to 2687 1079 Storm Water Drains and Sewers— Contract for building of distinct from the New Sanitary Sewerage System within scope of Sewerage Loan 3903 1629 Repairs to drain settling in filled or made ground 7182 3302 7185 .3304 7187 3306 Earth from excavation for; right of City to use of 5983 2643 5986 2644 Excavations for— Injury to Buildings by. See Buildings. Contractor's liability for injury to adjacent property •. 9476 4515 Cost of re-adjustment of railway tracks over; liability of contractor; accumula­ tion of claims 7554 3500 Injury to Railway Tracks— From improper'backfilling 7094 3257 Liability of contractor and City for settling in trenches 6711 3036 '...' 6718 3041 -. 6728 3046 ; 6734 3049 Liability of contractor for settlement of... 7182 3302 7185 3304 7187 JULY 1, 1903—JATTUAKY 1, 1911 287

SEWERS AND DRAINS—Continued: Par. Page Excavations for— Right of City to appropriate earth dis­ placed by sewer or drain 5983 2643 5986 2644 Settlement of line after completion; cost of re-alignment. 7182 3302 ' 7185 3304 7187 3306 Existing; taken over toy Sewerage Commission; must acquire rights of users to disconnect service drains 9328 4441 Gas pipes obstructing construction; removal of 2141 843 Hamburg Street drain on B. & 0. R. R. ap­ proaches; cost of construction 9423 4488; In path of New Sewerage System; railway com­ pany responsible for cost of removal 5278 2267 5293 2275 Natural streams as public sewers; adoption by City; duty of City as to repairs 2972 1126 2996 1129 Nuisances Arising Prom— Abatement by building lateral drains 9535 4546 Caused by break outside City limits; how abated .* 4655 1979> Defective sewer emptying in municipal conduits; abatement of nuisance 3820 1591 To be abated by owners 724 295 Obstruction of— By throwing refuse in privy wells or closets; remedy for 2399 953 County sewers connecting with City sew­ ers; obstruction caused by; remedy of City 5150 2207 May be enjoined .'... 5154 2209 Ogler's Run sewer by county authorities; remedy of City 5150 2207 Parties responsible for; procedure 2399 953 Penalty for 2399 953 Patent— Infringement of Kennelly's sewer cap, by Sewerage Commission 6359 2848 Permit to lay required from Board of Esti­ mates if bed of street is invaded 6367 2853 Private. See Agreements; Private Sewers and Drains. Provisions of City Charter and City Code relat­ ing to, recited. 3490 1435 288 OPINIONS OF THE CITY SOLICITOR

SEWEBS AND DRAINS—Continued: Par. Page Public Sewers and Drains on Private Property— Do not pass to purchaser at tax sale 3399 1398 Status of 3398 1398 Sanitary Lateral Sewers and Drains— Construction of, in alleys by New Sewer­ age Commission 8858 4209 8874 4217 . . Householder not obliged to lay, to effect new sewerage connection.. 9530 4544 Rights and obligations of railway company in respect to removal of its tracks pending construction of 3724 1550 Sewer Caps. See New Sewerage System. Sewer Inlets— At 12th Street and Clifton Avenue; claim against U. Rys. & Electric Company 7808 3613 7821 3619 7825 3620 Construction of, included in cost of grad­ ing street 3544 1461 Status; public or private 7390 3419 Webster Street Sewer— Claim for abatement of charges for con­ nection with. . . . *. 8150 3809 Legal status of dock at mouth of 8150 3809 SHADE TREES— See Park Board; Trees. SHAKES OF STOCK— See Corporations. SHAVINGS AND REFUSE— Obstructing of gutter by; remedy 5891 2593 SHEDS— See Permits. SHEDS, TEMPORARY— Permits for erection of; definition of 7383 3415 SHEEHAN DRAIN— See Sewers and Drains. Title to 2687 1079 SHIPS AND VESSELS— Building of; not a "manufacturing industry"... 802 321 Damages; to barge "Admiral" from collision with fireboat "Cataract"; liability of City. 8531 4033 In Harbor. See Weights and Measures. Shipbuilding Plants. See Taxation of Prop­ erty- SHOW WINDOWS— See Buildings. JULY 1, 1903—JANUARY 1, 1911

"SICK"— Par. Page Definition of term includes "inebriates" or vic­ tims of drug habit 9439 4494 SICK LEAYE— See Fire Department. SICK AND FILTHY PATIENTS— Power of Health Department to direct removal to hospital 9408 4480 SIDEWALKS AND FOOTWAYS— See Abutting Property Owners; Annex; Ashes; Board of Estimates; Burnt District; Cel­ lars; Cleaning Streets, etc.; Dangerous Articles; Driveways; Enoch Pratt Free Library; Gas Company; Grades and Grad­ ing of Streets; Ice and ISnow; Minor Priv­ ileges and Franchises; Municipal Subways and Conduits; Owners of Property; Park Board; Paving; Police; Private Streets and Alleys; Public Service Corporations; Signs; Streets, Highways, etc.; Trees; Vaults and Areas. Abutters must lay on paved streets 8165 3817 Adjoining markets;'rights of abutters 8561 4049 Annex; Footways and Sidewalks in—

Abutting owners must pay cost of grad- ( ing and paving 5900 2599 6053 2676 Cinder path injured by independent con­ tractor for City work 7131 3275 On newly opened streets; when required to be laid by City Engineer 7016 3213 Paving of. 7022 3216 City Engineer; powers as to pav­ ing 7022 3216 Paving and improving of in An­ nex; laws relating to 2031 799 Proper officer to require 7027 3217 When compulsory 7027 3217 Area of street embraced by 876 347 Burnt District. See Burnt District. Controversy as to laying of improved pavement ' 8499 4013 When owner may be compelled to lay 8308 3898 Privileges in; grants under Burnt Dis­ trict Act 1389 534 , Cleaning of. . 5669 2471 '290 OPINIONS OF THE CITY SOLICITOR

Par. Page SIDEWALKS AND FOOTW A Y|S—Continued: Clearance of drop awnings outside Burnt Dis­ trict ; 8904 4235 Cost of— Laying; collection of 732,7 3387 7329 3388 Raising and Relaying when necessitated by work of Sewerage Commission in improvement of Jones' Falls; payable by Commission 8708 4132 Driveways Across— Permit for; powers of City Engineer 9173 4368 Permit to lower curb for 3401 1399 Grading and Paving of-— Abutter must grade and pave; status where street is macadamized 9331 4443 Abutters to pay cost of 9701 4628 Assessments for paving; property assess­ able -...., 7732 3579 Cost of paving; leaseholder primarily lia­ ble 2982 1206 In front of branches of Enoch Pratt Library. 6281 2806 Notice to pave from City Engineer; where * property is held by trustees 3973 1659 Proper method for abutting owners 9701 4628 In front of school buildings; maintenance of.. 7139 3278 Injury to, from driving over; remedy of City.. 7724 3676 7733 3579 Electric, lamps; clearance above, outside Burnt District 8911 4239 ' Gas Company; right to lay mains under.. 709 289 Hitching rings in, unlawful 1473 563 Ice and snow on, removal of.... 820 329 . Macadamized Streets— May be required to be laid on same as along a "paved" street 4282 1804 Minor Privileges and Franchises— . Chewing gum slot machines on; permit for classed as 4905 2104 In; may be lost by abandonment '. .. 8603 4073 Powers of Board of Estimates 3246 1331 Municipal Subways and.Conduits— Right to construct system under 8780 4167 Settling of, due to sinking of trench for; cost of repairing 7300 3374 JULY 1, 1903—JAOTJARY 1, 1911 291

Par. Page SIDEWALKS AND FOOTWAYS—Continued: Obstructions on— And projections above removable it a nui­ sance. 239 948 By debris from demolished buildings 4645 1974 By open cellar doors 2635 1055 Posts, etc., prohibited 1901 745 Parks and Squares; Adjoining— ' Adjoining squares in beds of streets;, in charge of Park Board 7216 3321 Duty of City Engineer to pave 3944 1646 Removal of snow and ice 7069 3243 When Park Board is responsible for 7216 3321 Powers of City in relation to 4303 1814 Private Property— Projections over sidewalks on; powers of City - 2034 806 Inspector of Buildings has no juris­ diction 2035 801 Public Service Corporations— Must adjust location of poles and pipes to prevent obstruction of 6234 2779 Scaffolding over; permit necessary 6341 2836 Signs (mosaic) in pavement of.. ., 5678 2477 Street Railway Tracks— Narrowing of, by.. 3595 1489 Narrowing of; special ordinance held un­ necessary 9811 4692 Power of City Engineer to authorize en­ croachments by 3595 1489 4308 1815 Right of railway to narrow sidewalk to clear 4303 1814 Width in front of unimproved lots 8164 3817 SIDE WALLS— See Walls. SIDINGS— See Steam Railroads. Effect on franchise of delayed construction.. .. 6019 2662 SIGNAL POLE— See Railway Signal Pole; Street Railways. . SIGNS See Board of Estimates; Burnt District; Minor Privileges and Franchises; Permits. Baltimore Street- Signs on buildings; Code restrictions cove- ering 6743 3053 292 OPINIONS OF THE CITY SOLICITOE

SIGNS—Continued: Par. Page Bill Boards— On private property; regulation of 238 92 Ordinance prohibiting erection near parks, etc., invalid 5962 2631 Powers of City relating to and exercise of 236 92 Regulating height, etc., of 238 92 Board of Estimates' powers to issue permits.. 1888 740 Burnt District— At kerb line of streets unlawful 8267 3869 Over sidewalks in; requirements 1624 623 Dangerous; revocation of permit 3000 1213 Electrical Signs— Building Code provisions, construed 6743 3053 Permits for, Charter limitations on issue of 1888 740 Laws and Ordinances Regulating— Ordinance limiting size of, construed... 2611 1045 On Buildings; Building Code provisions governing 6741 3053 Provisions of law and ordinance relating to : 1625 624 Mosaic pavement advertising; permits for...... 5678 2477 Must be 10 feet above sidewalk 8142 3803 Outside "Burnt District" 2609 1045 Over areaways; height of 8143 3803 Permits for; revocation of 2993 1211 8196 3833 8201 3835 Private Streets; street signs to be placed oh.. 7354 3402 Regulations for construction of; construed.... 1389 534 SINCLAIR LANE— Paving of, by B. & O. R. R. Co 2656 1064 SINKING FUNDS— See Stocks, Loans and Finance'; Taxation of Prop­ erty. SITTINGS OF THE COUNCIL— See City Council. Construction of Charter requirements relating to 7764 3595 SIXTY-CENT TAX RATE— See Annex. SKILLED LABOR— Employment on City work as affected by "Eight Hour Law" 5911 2606 SLAUGHTER HOUSES— See Abattoirs. Ordinances relating to... 6314 2821 JULY 1, 1903—JANUARY 1, 1911 293

SLOT MACHINES— Par. Page See Penny-in-the-Slot Machines. SMALLPOX— See Health. Health Commissioner and Vaccine Physicians; duties in regard to 1560 597 SMOKE NUISANCE— See Nuisances; Tunnels. Ordinances Regulating— Anti-Smoke Ordinance (Section 3), con­ strued 4271 1799 Bernard Carter's brief on proposed ordi­ nance relating to 7330 3389 Charter provisions relating to 645 265 Draft of ordinance regulating 7339 3396 Hoisting engines; not within purview of Ordinance 217, 1905 3236 1325 Not covered by ordinance authorizing B. ' & P. R. R. tunnel 2083 818 Of doubtful application to power houses of U. Rys. & Elec. Co 4271 1799 Smoke and Cinders— Chimneys emitting; ordinance regulating. 2905 1178 SMOKE ORDINANCE— See Nuisances. "SMOKERS"— Cannot be held in park mansion houses 1161 455 SNOW AND ICE— See Ice and Snow. SOAPEAT, RAGS AND BONES— See Garbage, House Offal and Refuse. SOCIETY PREVENTION CRUELTY TO ANIMALS— Appropriations for 9284 4422 Drinking fountains; erection for, by Water Board 1761 677 Must account to City for redemption fees 9284 4422 SOUTH BALTIMORE & CURTIS BAY RY. CO.— Rights as to its use of Long Bridge 7508 3477 7534 3489 SOUTHERN ASPHALT PAVING COMPANY— Bond for re-issue of paving certificate 1847 722 SOUTHERN PRODUCTS CO.— See Garbage, House Offal and Refuse. Contract for removal of garbage reviewed and construed .' 7594 3618 7600 3520 SPACE ON CITY PIERS— See Docks, Wharves and Piers. 294 OPINIONS OF THE CITY SOLICITOR

SPARRING EXHIBITIONS— Par. Page Permits required for 9578 4567 SPECIAL COMMISSIONS OR BOARDS— See Municipal Boards. Their appointment and official status 353 153 SPECIAL ILLUMINATIONS— Sale of fixtures purchased for 382. 165 SPECIAL ORDINANCES— See Building Code; Ordinances. SPECIFICATIONS— See Contracts; Deposits; Kerbing; New Sewerage System. Of Contracts— Enlargement of drain; held within terms of contract -. 5438 2357 Immaterial variations by bidder may be waived by City. 7681 3557 SPEEDING— See Automobiles. SPIRITS— See Taxation of Property. SPITE FENCES— See Fences. SPRINGFIELD INSANE ASYLUM— See Insane. City Patients in. See Contracts. Cost of City patients at 9822 4698 ...-.....•...'. 9827 4700 9833 4704 Only pauper insane can be committed at ex­ pense of City 3062 1237 Patients which City may maintain at 3062 1237 SPRING GROYE ASYLUM— See Insane. Cost of City patients at -. -.*. 9822 4698 •...•....- • 9827 4700 9833 4704 SPRINGS— See Nuisances; Wells and Springs. Spring Water in Bed of Street— Injury to railway bed; liability of City denied 7832 3624 Obligation of City to take care of in York Road...... 7832 3624 SPRINKLING FILTERS— See Patents; Sewage Filtration Systems. JULY 1, 1903—JANUARY 1, 1911 295

Par. Page See Franchises and Grants; Steam Railroads; Street Railways. SQUARES— See Park Board; Parks and Squares; Ice and Snow. "Square"; definition of; distance or area in­ cluded in 4194 1764 SQUATTERS— See City Property; Ejectments. STABLES— See Advertisements; Building Code; Ordinances; Owners of Property; Permits. Livery Stables— Advertisement of application for permit 7361 3406 Required in ca.se of complete reconstruc­ tion 7360 3405 Alteration or enlargement; enabling ordinance . required; proviso 2596 1039 2599 1040 Consent of property owners and enabling ordi­ nance required 4741 2022 Enabling ordinance necessary to erect '. . 3687 1533 Erected and used without permit; prosecution and punishment of offender 5215 2236 Keepers transacting business exclusively at stables may fix rates of fare 3993 1668 Meaning .of term as used in New Building • Code 6613-2987 Permit for rebuilding; when required 826 331 Repairs may be made under permit from in­ spector of Buildings '... 2600 1040 Use of building as, in Annex 4741 2022 Consent of property owners required... 4741 2022 No prescriptive right to use sheds as .'. .. 5428 2351 Use of frame shed as; requirements of permits for. 5427 2351 STAIRWAYS— See Building Code. Power of Inspector of Buildings to stipulate number of. . . 1333 513 STALLS IN MARKETS— J See Markets. STANDARD OIL COMPANY— See Docks, Wharves and Piers. Request to relocate curb on Pier 2 denied 7156 3289 STANDS FOR VEHICLES— See Vehicles. 296 OPINIONS OF THE CITY SOLICITOR

STATE v. BALTIMORE, 105 Md. 1— Par. Page Of binding force in matter of taxation of City stock held by National Banks 6461 2905 STATE BOARD OF APPEALS— Limits of jurisdiction; scope of its findings.... 9018 4293 STATE BOARD OF HEALTH— See Nuisances; Water. Opinion of counsel as to right of officers of the Board and City Water Department to enter premises in Baltimore County to deter­ mine source of pollution of City's water supply 8035 3731 STATE COMPTROLLER— Controversy with respecting "Free School Book- Fund" 9621 4587 STATE CONSTITUTION— See Constitution of Maryland. STATE INSURANCE COMMISSIONER— See Stocks, Loans and Finance. STATE PROPERTY— See Benefits; Docks, Wharves and Piers. Collection of benefit assessments against 7211 3318 STATE TAX COMMISSIONER— See Appeal Tax Court; Stocks, Loans and Finance. STATE TAXES— See City Collector; Taxation of Property. Discounts for 1190 463 STATEMENTS— Of Work. See Contractors; Contracts. STATIONERY AND PRINTING— See Contracts. STATUARY FOR PARKS— Authority of City to purchase 6125 2721 STATUES— In parks; approval of Municipal Art Commis­ sion required 4569 1939 STATUTES— See Acts of Assembly; Charter and Miscellaneous c Local Laws; Public General Laws; Pub­ lic Local Laws; Taxation of Property. Construction of; principles of interpretation.. 6049 2675 STEAM MOTORS ON STREETS— Use of, an additional servitude 1526 585 STEAM POWER PLANTS— Not exempt from taxation 4866 2088 JULY 1, 1903—JANUARY 1, 1911 297

STEAM RAILROADS— Par. Page See Corporate Titles of Various Railroads; As­ sessments; .Bridges; Condemnation of Property; Docks, Wharves and Piers; Drainage; Franchises and Grants; Grade Crossings; Grades and Grading of Streets; Locomotives and Cars; New Sewerage System; Tunnels. Curves of— Deviation from radius of curvature au­ thorized by ordinance; confirmatory or­ dinance 6433 2887 Extension of through City; effect of City Char­ ter on their Charter rights 2803 1133 Franchises; expiration of grant a question of fact 6032 2668 Locomotive Engines— Ordinance governing use of streets by. ... 6169 2744 Ordinance permit' required by Penna. R. R. Co. for use of on certain streets 6169 2744 Motive power permitted on existing tracks.... 1508 580 Property in Annex; taxation of 267 105 Sidings; mere delay in construction held not to forfeit grant of 6026 2664 Street Crossings Over— Crossings of public streets 7479 3461 Guilford Avenue, near 26th Street '.. 2462 979 Powers of City to regulate. 2223 877 Safety gates to be operated at night 5353 2305 Windsor Mills Road; W. M. T. R. R 125 42 130 44 Tracks of— Board of Estimates may grant tempo­ rary permit to shift, pending passage of ordinance 6030 2667 Canton Avenue; B. & O. R. R. franchise.. 6687 3025 For City purposes; nature of servitude... 6692 3027 'For Pier 2; must be authorized by spe­ cial ordinance 7739 3582 Right of City to interfere' with use of, by appropriation for public purposes 6696 3028 Status of, on North Street 5556 2411 Using Union Tunnel— Data relating to charters of 7330 3389 STEAM ROLLERS— See Permits. - Competitive bidding held not applicable to pur­ chase of 5865 2581 May be hauled over streets of City 3714 1545 298 OPINIONS OF THE CITY SOLICITOR

Par. Page STEINACKER ORDINANCE— Binding law until held invalid 5685 2480 STENCILLING OF POLES— See Poles and Wires. STEPPING STONES— Denned 753 304 Removal of; powers of City 7310 3379 STEPS— See Building Lines; Burnt District; Semmes Act. Beyond building line; prohibited by Semmes Act.... 1832 714 In "Burnt District"— Projection beyond building line; 200-foot rule. 1998 785 2000 786 Regulations for erection of, construed 1389 534 STOCKHOLM STREET— Paving of private streets crossing 326 138 STOCKS, LOANS AND FINANCE— See Appeal Tax Court; Bonds; City Depositaries; City Register; Gans Bill; Guaranty De­ posits; New Sewerage System; Powers; Taxation of Property. Certificates of Deposit of City Funds— Characteristics reviewed; when deemed invest­ ments 4922 2111 Collateral security for; right of depositary to substitute other securities 2629 1053 • Form and manner of executing certificates and powers of attorney 335 143 2629 1053 In re Western Md. R. R. Sale; funds ,._. .. 4917 2109 Withdrawal of City funds loaned on 330 140 City Stock— Certificates of; as collateral for City loans 334 143 Issuance of new. certificate after death of holder of original 5894 2595 Rights of indorsee for value -...?.". 5894 2595. Funds; from sale of stock; temporary appro­ priations in anticipation of 2647 1060' Interest on—" Payment on stock deposited with State Treasurer by insurance companies 6970 3193 Issues of— Annex Loan issue in excess of $500,000 6000 2652. Resume of Acts of Assembly authorizing. 927 367 When it may be issued •.'.. 935 369' JULY 1, 1903—JANUABY 1, 1911

STOCK, LOANS AND FINANCE—Continued: Par. Page Nature and Characteristics of— Characteristics of City stock and bonds discussed 929 36& Definition of word "stock" 3174 1294 Registration in name of child subject to par­ ents' control; practice 9696 4636 Taxation of— - Corporations entitled to credit by City Collector for holdings of 7033 3221 Counties may tax 9411 4481 "Cans Bill" relating to treated as valid.. 6113 2713 Applies to National Banks 6461 2905 List of Owners of— Certified by Appeal Tax Court to State Tax Commissioner; certain City stock excluded from list 4554 1932' State Tax Commissioner; stock in­ cluded in list furnished him 4554 1932 State tax thereon payable by City 9411 4481 Transfers of— After closing of transfer book; discretion­ ary with City Register 4099 1718 Bill in equity to determine transferrees. .. 4113 1724 Deposited as guarantee by mutual insur­ ance companies; change in corporate name of cestui que- trust; change in character of business 5603 243S

Effect of death of holder of original cer-o tificate , " 5894 2595 Powers of Attorney— Error in form of ' 6877 3132, Legal ' form and sufficiency of ap­ proved 6877 3132, Procedure in stock passed under will of Elizabeth A. Belt 4104 1720' Proper method in transferring 4115 1725 Protection of City in cases of disputed ownership : 4113 1724 When corporation may transfer without its seal : , 987 387 When permissible on a legal holiday 985 386 Commissioners of Finance— Bonds to secure certificates of deposit 331 141 Investments of sinking funds to be in name of 764 310s Plat books of City Property; provisions for... 966 379> Powers in relation to investment of Western Md. R. R. Sale funds .'..... 4922 2111 300 OPINIONS OF THE CITY SOLICITOR

Par. Page STOCK, LOANS AND FINANCE—Continued: Commissioners of Finance— Reduction of tax levy; duties in respect to... 812 325 Corporate Stock held by Guardians; when taxable. 3353 1380 Coupon Bonds—• Difficult to reach for taxation 946 370' Objections to issue of, in place of City stock under Acts authorizing loans 938 369 Right of City to issue and conditions of such issue denned '. 923 366 When not interchangeable for City stock 3174 1294 When they may be issued by City 935 369 Funds- Moneys appropriated by the-M. & C. C. of Bal­ timore out of a certain fund may be re­ placed by it out of another fund 2647 1060 Loans of City— Annex Improvement : 1984 780 On Certificates of Deposit; previous notice of withdrawal unnecessary 330 140 Ordinance submitting to people; limitation as to time for submission 558 233 Paving Loan issue; Act construed 2240 883 Question as to regularity of City Council pro­ ceedings 7764 3595 Resume of Acts of Assembly relating to 923 366 Substitution of coupon bonds for City stock is­ sued under enabling acts unlewful unless 'acts so provide 923 366 Taxation of stocks, etc., under Sewerage Act. . 2261 889 Temporary Loans— City give notes as security for 5057 2167 Validity of affirmed— Annex Improvement (1954) Loan; Con­ duit (1958) Loan; Engine House (1957) Loan, and School House (1957) Loan... 9567 4562 9572 4564 Notes— Of B. & O. R. R.; redemption of. 3306 1357 Power of City to borrow money temporarily on 5057 2167 Sinking Funds. See Taxation of Property. Advantages of City stock as a form of invest­ ment for .... 946 370 Annual Levy for— Cannot be discontinued 2246 885 Failure to provide for appropriations for sinking funds out of 4060 1699 JULY 1, 1903—JANUARY 1, 1911 301

STOCK, LOANS AND FINANCE—Continued: Par. Page Sinking Funds— Annual Levy for— Must be made for under (Sec. 3, Ord. 91, May 25, 1882, and Sec. 3, Ord. 82, June 3,1886. , 8488 4007 Water Loan sinking funds 215 513 When to cease . 514 216 Appropriations for— Payment of out of general funds 4060 1699 Custodians of 765 311 Deficiency in caused by failure of levy and pre­ miums from sales of stock 4060 1699 Ground Rent Investments of— Bill to merge rents on City property held in sinking funds unconstitutional ' 755 305 Investment in rents payable by City 2242 884 Of City Water Stock; surplus from Water De- • partment to be applied to 4191 1762 Over-accumulation cannot be diverted to other uses 6631 2998 Stock purchased with, should be in name of Commissioners of Finance 764 310 STOLEN CITY PROPERTY— Wages of accused employee may be withheld.. 7202 3314 STONE WORK— See Masonry. STONY RUN— Old bridge at Merryman's lane; removal of... 7970 3700* STONY BUN BRIDGE— Filling of excavation back of; use of outside ' labor and equipment on per diem basis sanctioned. 6118 2715 STOP-BOXES— For stop-cocks to service water pipes 9148 4357 STORAGE— . Charges. See Contractors. Of Dangerous Articles. See Dangerous Arti­ cles; Permits. Of Gasoline and Oils. See Oils. Regulations. See Dangerous Articles. STORM DOORS— And Draperies. See Municipal Buildings. Beyond building line; prohibited in Burnt Dis­ trict 8485 4005 STORM WATER SEWERS AND DRAINS— . See Board of Estimates; Contractors; Permits; New Sewerage'System; Sewers and Drains.

• 302 OPINIONS OF THE CITY SOLICITOR

Par. Page STREAMS OF WATER— See Drainage; Natural Streams. * STREET— Assessments. See Assessments; Grades and Grading of Streets; Liens; Nuisances; Paving; Streets, Highways, etc. Cleaning. See Cleaning Streets. Cleaning Department. See Commissioner of Street Cleaning; Primary Elections. Feed contract with, construed 9709 4631 Crossings. See Grade Crossings; Steam Rail­ roads; 'Street Railways. Grades. See Grades and Grading of Streets. Improvements. See Benefits. Inspectors. See Inspectors. Lamps. See Gas and Electric Co.; Lamps and Lighting; Private Streets and Alleys. Lines. See Annex; City Surveyor; Grades and Grading of Streets; Topographical Sur­ vey Commission. Market Stalls. See Markets. STREET EXHIBITIONS— See Nuisances. Creating disorder; suppression by police 2878 1166 STREET ORGANS AND PIANOS— •See Nuisances. Neither a nuisance per se; validity of ordi­ nance regulating ' 5071 2172 Status of legislation regulating 6092 2699 6094 2700 STREET PLAN— See Annex; Topographical Survey Commission. STREET LIGHTS— See .Lamps and Lighting. Installation by City; obstruction by property owner. . , , 6677 3020 STREET RAILWAYS— See United Railways and Electric Co.; Annex; Awnings; Bonds; Bridges; Burnt District; City Engineer; Condemnation of Property; Contractors; County Comm'rs; Docks, • Wharves and Piers; Drainage; Electro­ lysis; Franchises and Grants; Gas and Electric Co.; Grades and Grading of Streets; Gutters; Ice and Snow; Inspec­ tions; Inspectors; Laborers; Mayor; No- JULY 1, 1903—JANUARY 1, 1911 303

STREET RAILWAYS—Continued: Par. Page Cross-References—Continued: tice; New Sewerage System; Opening, etc., Streets, etc.; Park Board; Parks and Squares; Park Tax; Paving; Permits; Sidewalks and Footways; Streets, High- ' ways, etc. Assistance from, in repairs to City property 4494 1903 Bridges— Edmondson Avenue— Removal of track to accommodate erec­ tion of; liability of company for cost of. 4391 1855 Shifting tracks from side to centre of street; compensation 7652 3543 7667 3549 Obligation to strengthen bridge over Wilkens Avenue 6195 2760 Cableways. See Cable Conduits. Cars of. See Locomotives and Cars. Disintegration of railway bed by percolation of water from springs; liability of City denied. 7832 3624 Drainage of— Grade of tracks, not to interrupt street drain­ age 1854 726 Obligation to provide improved facilities when improved pavement is laid on street in Annex. 7808 3613 7821 3619 Electrolysis— Liability for damage due to, in City Conduit System 2877 1165 Franchises of. See Franchises and Grants. Cession of turnpike burdened with invalid 2852 1155 Not required to grade street unless a condition of 6346 2836 Not required to repave with improved pave­ ment unless an obligation of 4982 2135 On Park Heights Avenue 5749 25'2l • 5752 2522 5759 2524 Ordinances voided by laches; failure to execute right ." 8136 3799 Paving repairs and renewals, under; obligation fixed by ordinance granting 1787 687 4212 1771 4222 1774 4224 1775 Right of railway company to alter obstructing sidewalks under 4310 304 OPINIONS OF THE CITY SOLICITOR

STREET RAILWAYS—Continued: Par. Page Franchises of— Substitution of double tracks for "gauntlet track" requires special franchise ordinance. 3592 1487 Varying curvature of grant; confirmation by supplementary ordinance of minor changes in franchise •. 6433 2887 Gutter Plates- Obligation to repair and keep clean defined.. 3032 1225 Inspections— Fees for inspection, of its work in streets; payment of 7258 3347 Readjustment of tracks; authority of City En­ gineer to place inspector on work; cost... 7568 3504 Must put in cross-over switches to expedite City paving ; 9092 4332 New Sewerage System— Services of City inspectors on work of re-lay- -' ing tracks necessitated by, chargeable to railway company 6855 3120 Settling of, due to settling of refilling in trenches excavated for; cost of re-aligning tracks. 6711 3036 6718 3041 6728 3046 6734 3049 Notice to, from municipal agencies of disturbance of tracks; form of disapproved 8184 3827 : 8192 3832 Obligation of City to maintain street under in good condition 8032 3729 On private rights of way; construction of sewers under 3726 1550 Policy of City in its relations with; reciprocal rela­ tions advantageous to City 4494 1903 Railway Signal Pole— Right to erect an incident of franchise grant; permit unnecessary- 6348 2839 Restoration of unauthorized grade changes 1850 724 Snow; removal of; not to obstruct street 856 340 Street Railway Tracks. See Notice. Abandoned Tracks; right of City to compel re­ moval ' '. 3340 1375 Plan to secure 3345 1376 Authority and Permits to Lay— ' Charles Street; double tracks on; ordi- . nance necessary 3592 1487 Double tracks on Edmondson Ave. Bridge 8079 3761 Extension of, beyond limits authorized by ordinance; enabling ordinance required 3644 1513 JULY 1, 1903—JANUARY 1, 1911 305

STREET RAILWAYS—Continued: Par. Page Street Railway Tracks— Authority and Permits to Lay— Mere lapse of time no bar where ordi­ nance is silent 2603 1042 North Avenue, between Mr. Royal Ave. to Druid Hill Avenue 4230 1780 Ordinance unnecessary to connect existing tracks with new car barn 4930 2113 Permits for distributing bed or paving of street 8812 4180 Renewal, readjustment or connecting up lawfully authorized trackage; special ordinance unnecessary 4930 2113 Switches, etc.; ordinance unnecessary to construct on Union Avenue 9374 4461 Bridges; repairs to tracks on 2980 1205 Changes Necessitated by Public Improve­ ments— Adjustment to conform to street grades, required 1854 726 Bringing to grade; liability of company for cost of..,. 4451 1884 4455 1886 Cost of removal in bringing street to grade 6668 3014 Defective paving work done by company settlement over trench of sewerage con­ tractor; cost of repairs : 8358 3928 .By diversion of drainage pending paving of street; company must repave 8801 4175 By faulty backfilling of trench by con­ tractor 9024 4296 Improper backfilling of excavations for New Sewerage System; liability of City and contractor; obligation of railway" company. . . . 6711 3036 6718 3041 ' 6728 3046 6734 3049 7094 3257 Readjustment of, necessitated by settle­ ments in sewer trenches; liability of * City for expense 6777 3073 Removal of, or interference with tracks of; cost of work; powers of City; pub­ lic welfare 4545 1928 Settlement of due to excavations; liabil­ ity of City 6718 3041 8292 3890 20 306 OPINIONS OF THE CITY SOLICITOR

Par. Page STREET RAILWAYS—Continued: Street Railway Tracks— . Changes, etc., continued— Settlement of street bed under tracks; ob­ ligation as to cost of resurfacing 8032 3729> City Engineer— Supervisory and discretionary powers' in construction of 4209 1771 4224 1775 Supervisory powers in relaying of, under ordi­ nances 4614 195a Crossings of Streets— At private streets; change of grade of tracks to accommodate 8402 3953. Relocation and readjustment of, to facili­ tate crossing of street by vehicles; pow­ ers of City Engineer 4620' 1960 Grade Changes Affecting— •Crossing of private street; change of grade to permit passage of teams over; power of City to compel change 8402 3953; Cost of bringing tracks to new grade of street 1628 625; »• Remedy when made without authority.... 1850 724 Restoration after unauthorized changes.. 1850 724 Tracks to conform to change made by City 1854 726; When company must bear cost of regrad- ing and repaving 1628 625. Paving of Track Space. See Paving. 'Bills for work of; dispute as to fairness.. 8285 3883, City Engineer may require ballasting of cobble pavement 8932 4249i City Engineer's powers in prescribing cob­ blestone paving 8917 4243 Concrete Foundations for; powers of City Engineer to require; obligation of rail­ way company 4209 1771 4224 1775 Cost of, necessary from relocation of, payable' by company 3804 1582, Cost of paving necessitated by removal of over sewer exavations; proper party to defray same 5734 2514 5737 2516 5742 2518 Cost of removing old material in 8835 4192. JULY 1, 1903—JANUARY 1, 1911 307"

STREET RAILWAYS—Continued: Par. Page; Street Railway Tracks— Paving of Track Space— Garrison and Gorsuch Avenues; obliga­ tion of U. Rys. & Elec. Co. ... 6332 2826 In Annex; construction of ordinances and Act 1904, Ch. 278, relating to 6332 '2826. Extra cost due to traffic; obligation of company 9103 4336: Obligation of company; excavations for sewer drains 5734 2514 5737 2'516: 5742 2518 Paving between railway tracks 2352 929 When company not liable for 5225 2240' Paving of street surface near 8278 3878 Proper party to do work 82S0 3880' Relocation of Tracks— Change necessitated by removal of park­ ing from street (Wilkens Avenue) 4546 1928. Cost of changing grade payable by com­ pany includes removal of paving 6252 2792 6254 2793: Discretionary powers as to relocation or readjustment of street railway tracks... 4617 1959' On South Eutaw Street under original ordinance, valid 1025 405' Ordinance required to compel 7662 3547 Shifting of; interests of public; authority of City 7652 3543: : 7658 3545 7667 35491 When City may compel at expense of rail­ way company 7652 3543 7667 3549; When enabling ordinance unnecessary... 1004 396- Repairs to Paving of Track Space— Between double tracks; space of unusual width; cost of ' 8160 3815. Fulton Avenue tracks; obligation of com­ pany 9078 4324. Must repair where paving is laid by City. 6683 3023 Obligation of company.: 1787 687. 4212 1771 4222 1774: 4224 1775 Obligation of company to repair and re- pave •;.., 1787 687,- . 4212 1771 308 OPINIONS OF THE CITY SOLICITOR

Par. Page STREET RAILWAYS—Continued: Street Railway Tracks— Repairs to Paving of Track Space— Obligation to repair does not require street railway company to repave 3812 1586 Repair of 2-foot strip alongside of 7357 3404 Repairs and repaying differentiated 9080 4325 Repaving of Track Space— Baltimore Street; tracks on; repaying.... 1805 698 Due to relocation of tracks; company re­ quired to pay cost of 3804 1583 Materials used, ot be same as those dis­ placed 1805 698 Obligation under Ordinance 158, June 27, 1908 6966 3191 Repaying between rails of 1805 698 When chargeable to City; rule for deter­ mining proper department chargeable therewith 5225 2240 When required to remove existing paving in 8835 4192 Temporary crossing over to accommodate City's street work 8606 4076 Temporary permit for removal of tracks to ac­ commodate New Sewerage System 5301 2280 Type and Character of Rails— City may prescribe type of by ordinance., 8719 4137 8722 4138 Girder Rails— Power of City to require railway corn- company to lay 7127 3273 Pattern of Rails— Authority of City Engineer to pre­ scribe 564 235 573 239 4620 1960 8718 4136 Pattern which companies may use; au­ thority of City Engineer to designate.. 4620 1960 "T" Rails; power of City to compel dis­ continuance of use 7127 3273 Use of which obstructs crossing of street by vehicles 4620 1960

STREET RAILWAY TRACKS— See Street Railways. JULY 1, 1903—JANUAKY 1, 1911 3091

STBEETS, HIGHWAYS, ETC.— Par. Page See various street titles; Alleys; Annex; Annex Improvement Commission; Assessments; Automobiles; Bonds; Buildings; Burnt District; Cemeteries; City Engineer; Clos­ ing Streets; Commissioners of Street Cleaning; Commissioners for Opening Streets; Dedication; Docks, Wharves and Piers; Drainage; Driveways; Easements; Franchises and Grants; Kerbing; Land­ lord and Tenant; Markets; Minor Privi­ leges and Franchises; Notice; Nuisances; Opening, etc., Streets, etc.; Permits; Plats; Poles and Wires; Private Streets and Al­ leys; Rights of Way; Sewers and Drains; Sidewalks and Footways; Steam Rail­ roads; Street Railways; Trees; Vaults and Areas. Abandonment of by City 127 43: 132 44 Effect of conversion to other uses. 4624 1962. 4627 1963 Abatement of Nuisances in. See Nuinsances. Paving to abate 137 46 Alleys. See Alleys. May not hav status of street. 4195' 1764. Annex, Streets, etc., in. See Annex; Annex Im­ provement Act; Annex Improvement Com­ mission. Appeals in Street Improvements. See Appeals. Beds of— Cave-in of; rule as to City's responsibility; rights and obligations of railway company-. 8027 3727 Conversion to use as parks or squares; validity of; effect on abutting property rights 4625 1962: Opening or tearing up by railway company; restoration of; cost of inspection 8812 4180' Permits for opening of; liability of applicant for repairs 3650 1516 Benefits in Improvement of. See .Benefits. Assessments for; liability of property owner.. 328. 139 Certificate of lien of in widening 1964 773 Churches, Hospitals, etc.; not exempt from... 1576 604 City Register to certify to lien of 1964 773 Building Dines of. See Buildings. Building Materials in. See Materials; Build­ ings. Right to occupy one-third with 5025 2154 •310 OPINIONS OF THE CITY SOLICITOR

Par. Page STREETS, HIGHWAYS, ETC.^Continued: Burnt District; Streets, etc., in. See Burnt Dis­ trict. Sale of land acquired in re Light Street by Burnt District Commission 6646 3004 City Engineer's Control Over— Effect of New Sewerage Act 1783 685 6856 3121 Jurisdiction over improvement rests only in him... .' 6754 3059 Clifton Avenue; width of..: 603. 252 Closing, etc. See Closing of Streets.. Pending street improvements 6296 2813 9206 4383 Condemnation Proceedings. See Condemnation of Property. Condemnation by City of land subject to ease­ ment of 2355 . 930 Condemnation of turnpikes subject to easement of street railway 2852 1155 Must be had de novo if original ordinance is vetoed or fails of passage. '.. 6499 2930 •Commissioners for Opening, etc. See Commission­ ers for Opening Streets. Damages in Street Improvements. See Benefits; Burnt District; Damages. Payment required; no set-off for benefits 2173 856 Dedication of. See Dedication. Acceptance, dedication, etc., defined 2268 891 Deeds and Conveyances. See Deeds and Convey­ ances. Definition of Terms— "Public Street" -. 2268 8'91 "Street" ._ 1 3786 1573 Easements in. See Easements; Franchises and Grants. Encroachments Upon— Frederick Road; Patapsco Electric Co.'s wires on 1938 761 Hanover Street building line considered 1951 768 Flagstones laid by individuals; title to 2761 1114 Franchises in. See'Franchises and Grants.. Individuals and corporations may obtain grants of 1468 561 Incidental rights or franchises in 21 7 •Gas Mains and Pipes in. See Gas Mains and Pipes; Gas and Electric Co. JULY 1, 1903—JANUAKY 1, 1911 311

STREETS, HIGHWAYS, ETC.—Continued: Par. Page' Grade Establishments. See Grades and Grading of Streets. Grade Lines. See Grades and Grading of Streets; City Surveyor. Grades and Grading of. See Grades and Grading of Streets. Butcher Lane; sewer and grade re-location.... 724 295 Howard Street; repair over B. & 0. tunnel...... 655 269 Intersections of. See Grass Plots; Paving; Private Streets and Alleys. Lines of Streets— Establishment of :... 6975 3195. Locomotives and Cars in. See Locomotives and Cars. Macadamized streets are "paved" streets.... 4282 1804: 4279 1803- Minor Privileges in. See Minor Privileges and Franchises; Board of Estimates. Enumeration of special and general uses which Board of Estimates may grant 3251 1333 Municipal Subways and Conduits in. See Municipal Subways and Conduits. New Sewerage System in. See New Sewerage Sys­ tem. Nuisances in. See Nuisances; Paving. Dropping of materials from carts, etc.; pen­ alty; party liable 6830 3106: Obstructions in. See Nuisances; Obstructions. City not concerned when street or alley is pri­ vate...... 3655 1518. Data concerning. . . . 4577 1944 Duty of police to prevent 2558 1021 Exhibitions constituting, to be suppressed by police 2878 1166: Existing laws apply only to public streets, etc. 2034 801 Removal of 2554 1020' Code provisions applicable to 2554 1020: Costs; collection of 4709 2005 Cost of; person liable for 2561 1022: Debris from fires 6770 3068: Junk 2551 1019 2562 1023 On sidewalks and streets 4646 1974 Penalty for failure to effect 2558 1021 2561 1022: Procedure for 1477 564 Trees 8641 4095. When blown down by storm 7669 3550- 312 OPINIONS OF THE CITY SOLICITOR

Par. Page STREETS, HIGHWAYS, ETC—Continued: Old Materials from Streets; disposal of 2236 881 Opening, etc. See Openings, etc., Streets, etc. Charter provision* and local laws covering.... 9753 4655 Of Bentalou Street through St. Peter's Ceme­ tery; projection of cemetery lot into street bed; legislative prohibitions against con­ demnation. . 4131 1735 Religious organizations; benefits in street openings 1576 604 Status of street where nothing is done after ' < payment of benefits and damages assessed in condemnation proceedings 7793 3606 Paper Streets of Topographical Survey; building rights unaffected by '. . 3931 1640 Parking in(Stre"ets; questions involved determining 1 right of City to remove parking 4546 1928 Paving of. See Paving; Street Railways. Liability of City for defects in paving... 9251 4404 Permits for work or construction in. See Permits. Poles and Wires in. See Poles and Wires. Private Sewers and Drains in. See Private Sewers and Drains. •Private Streets and Alleys. See Private Streets and Alleys. City cannot interfere with use of land for pri­ vate purposes which may become beds of public streets when condemned and opened. 7762 3594 Property Abutting on. . See Abutting Property Owners. Public Service Corporations. See Franchises and Grants; Public Service Corporations. Cannot be used by, without consentby enabling ordinance 3773 1568 Easements of, in, subject to paramount rights of public—i. e., use as a highway; sewer easements, etc 3722 1549 3736 1554 3746 1557 Public uses of, paramount to private uses 3787 1574 :.. 8606 4076 Railway Tracks on. See Street Railways. Crossing of, by; rights of the municipality and the railroad company 7479 3461 Street surface; disturbance of, by railways... 7258 3347 Repaving of. See Paving; Street Railways. JULY 1, 1903—JANUARY 1, 1911 313

STREETS, HIGHWAYS, ETC.—Continued: Par. Page Repairs to Paving of. See Paving; Street Rail­ ways. Cleaning of streets, after 541 225 Funds for; use of, to test paving 541 225 Street surface; liability of railway company.. 1787 687 .Safety of; City does not insure 8032 3729 Scope of City's control of 8780 4167 Sales in. See Sales. Sewers, drains and pipes in; jurisdiction over 5432 2353 Legal Status— Method of determining of; City Solicitor to advise departments 2591 1036 5182 2225 Steam Railroads in. See Steam Railroads. Street Railways in. See Franchises and Grants; Street Railways; United Railways and Electric Co. Taxation of Property in. See Taxation of Prop­ erty. Use of— Right to, must he founded on legislative au­ thority 2102 827 Unreasonable use denned 6195 2757 Vehicles in. See Vehicles. Automobiles have status of vehicles in 2683 1076 Water Mains, Pipes and Rights in. See Water Mains and Pipes. Widening, Extending, etc.— Paving provisions include sidewalk paving.... 2907 1179 Sale of unused property acquired in course of; ' fixing of reserve price lawful 2037 ' 802 STREETS, PRIVATE— See Private Streets and Alleys. STREET SIGNS— See Names of Streets. STREET SURFACE— See Bonds. STREET SWEEPINGS— See Park Board. Reimbursing Street Cleaning Department for expense of handling 578 242 STREET WORK— See Assessments;' City Engineer; Inspections; Street Railways. STRIKES— Contractor not relieved by unless in contract.. 9755 4657 STRENGTHENING OF BRIDGES— See Bridges; Wilkens Avenue Bridge. .'314 OPINIONS OF THE CITY SOLICITOR

•STRUCTURES (Advertising)— - Par. Page See Permits; Signs. 13UB-CONTRACTORS— See Contractors; Contracts. Entitled to copy of plans and drawing of en­ tire work 9649 4601 -SUB-LETTING OF CONTRACTS— See Contracts. SUB-LETTING UNDER LEASES— See Leases. SUBORDINATES— See Board of Estimates; Heads of Departments; Health; Mayor; Municipal Officials; Reg­ istered Voters; Commissioner of Street Cleaning. In City Departments— Reappointment of; when required 385 167 In Fire Department— Salaries of; powers of Board of Estimates 4148 1743 Of Municipal Officials— Mayor cannot appoint 2357 931 SUBSTITUTES IN FIRE DEPARTMENT— See Fire Department. SUBSTITUTION— Of Materials. See'Contracts; Kerbing. Of Paving Materials. See Paving. SUBWAYS AND CONDUITS— See Chesp. & Potomac Teleph. Co.; Contractors; House Connections; Municipal Subways and Conduits; Poles and Wires. 'SUITS— . City cannot guarantee its employees and agents immunity from : 5314 2287 SUMMARY PROCEEDINGS— ' See Nuisances. SUMWALT RUN— Construction of sewer for; enabling ordinance required. 2096 825 SUNDAY WORK— See. Commissioner of Street Cleaning; Ice and Snow. Snow removal on Sabbath permissible...... 711 ' 290 SUPERINTENDENT FIRE ALARM TELEGRAPH— See Master. Electricians. ' License not required by 6429 2884 SUPERINTENDENT OF LAMPS AND LIGHTING— See Gas and Electric Co.; Lamps and Lighting; Meters. JULY 1, 1903—JANUARY 1, 1911 315

SUPERINTENDENT OF PUBLIC BUILDINGS— Par. Page See Municipal Buildings. SUPERINTENDENT OF PUBLIC INSTRUCTION— Duties as to sanitary matters in public schools 5870 2583 Transfer of teachers upon recommendation of. 6290 2810 SUPERIOR COURT— Clerk of; lists of judgments for Appeal Tax Court from 480 204 SUPERVISORS OF CITY CHARITIES— See Almshouse; Bay "View Asylum; Commitments; Insane; Vagrants. Authority to commit indigent patients suffer­ ing with communicable diseases to Bay View Asylum 8774 4163 Lunatics and Insane; duties in re 4609 200 May determine duration of treatment o£ City patients at hospitals 5650 2462 Powers to contract with inmates of Bay View Asylum for board, etc. , 3027 1223 Release of persons committed to almshouse... 2965 1200 Salaries of employees; increases 4299 1811 Secretary of; legislation to increase salary of suggested 921 365 Springfield Insane Asylum; provisions of law relating to commitment of patients at ex­ pense of City • 3059 1237 Temporary commitment of vagrants to Bay View Asylum pending investigation...... 3088 1250 Visitatorial duties relating to children adopted or placed in families under indentures.:... 3941 1645. SUPERVISOR OF SCHOOL BUILDINGS— See Schools. SUPPLIES AND MATERIALS— See Board of Awards; Materials; Municipal Build­ ings. Contracts for. See Contracts. Stationery. supplies; deposits accompany­ ing bids for 3002 1214 Departmental— Purchase in instalments to oust jurisdic­ tion of Board of Awards disapproved... 979 383 3100. 1255 Should be purchased annually 979 383 Effect of Charter when monopoly exists in manufacture of . 3391 1395 Furnished under contract; not up to standard of specifications • 4528 1918 316 OPINIONS OF THE CITY SOLICITOR

Par. Page SUPPLY PIPES— See Gas and Electric Co. For City Lamps. See Gas Mains and Pipes; Lamps and Lighting. SURETIES ON BONDS— See Appeal Tax Court; Bonds; Contractors; Con­ tracts; Paving. On Contractors' Bonds— Notice to required of agreements with con­ tractors 8355 3926 Not to be relieved 9737 4646 SURFACE WATER DRAINAGE— See Drainage; New Sewerage System; Nuisances; Private Sewers and Drains; Sewers and Drains. Damage to turnpike by overflow from paving of street ; 5465 2371 From Streets— Duty of City to provide for 6044 2672 SURPLUS FUNDS— See Markets; Ordinance of Estimates; Savings Banks; Stocks, Loans and Finance; Taxa­ tion of Property. For fiscal year; disposition of 816 327 In Savings Banks. See Assessments. Funds in excess of deposits not taxable , under Act taxing deposits 3202 1308 Taxation of surplus funds; report to State Tax Commissioner 4247 1788 Of Water Department to be applied to sinking fund of Water stock 4191 1762 SURPLUS REVENUES— See Fiscal Year. SURRENDER OF BONDS— See Bonds. SURVEYS— See City Surveyor; Ejectments. Of Property. See Nuisances. SUSPECTED PREMISES— See Inspections; Nuisances. SWANN PARK— Violation of Eight Hour Law on contract work at 3102 1256 SWIFT & COMPANY— Use of pole on Eutaw Street for electric cur- , rent held unlawful 4798 2050 JULY 1, 1903—JANUARY 1, 1911 317

SWITCHES, CURVES AND CONNECTING Par. Page TRACKS— See Steam Railroads; Street Railways. Cross-Over Switches. See Permits. When special ordinance unnecessary 3051 1233 SYDENHAM HOSPITAL— See Hospitals. SYMON'S CASE, 105 Md. 254— Construed 7133 3276 SYPHILIS— See Health. SYSTEMS OF LIGHTING— See Lamps and Lighting. TAXATION OF PROPERTY— See Acts of Assembly; Appeal Tax Court; Assess­ ments; Benefits; Burnt District; Chesp. & Pot. .Tel. Co.; City Property; Consuls; Easements; Franchises and Grants; Gans Bill; Gas and Electric Co.; Licenses; Liens; Markets; National Banks; Ordi­ nances; Plant Exemptions; Poles and Wires; Private Streets and Alleys; Stocks, Loans and Finance. Annex Taxation. See Annex. Assessments— Abatements under Act 1908, Ch. 167; in­ terest and penalties - 8585 4064 Classification for Taxation— Date for completion of work..'.. '... 6363 2851 Foutz Act, construed ' '261 104 Status of taxpayers pending Hiss case 6068 2685 Taxation of property of B. & P. R. R. in Annex 267 105 Abatement of Taxes— Allowed from surrender of property to City.. 2930 1191 On application by executors.... 4142 1741 Where property is destroyed by fire. 1203 469 Assessments for Taxes. See Assessments. Abatement of Assessments— Not allowed executor pending administra­ tion of decedent's estate 4138 1739 Classifications for; Charter provisions... 1875 735 Effect of party walls in determining assess­ ment of buildings. 2703 1086 Escaped and Omitted Property— Abatement of penalty in settling for 8620 4083 Assessment of 250 98 Defined 1876 735 318 OPINIONS OF THE CITY SOLICITOR

TAXATION OP PROPERTY—Continued: Par. Page Assessments for Taxes- Limit of City's jurisdiction at Port Covington. 2096 823 Piers of W. M. R. R. Co. at Port Covington beyond low-water mark valid 2096 823 Re-assessments; time limit for 1875 735 Refund after abatement of assessment 2930 1191 Rolling stock of railroads; procedure in assess­ ing 3447 1415 List of questions in assessing 3453 1417 Rule as to improved real estate ' 2704 10S7 Rule in assessing value of buildings and im­ provements 2702 1086 Value aimed at, in 2702 1086 Bankrupts' Estates, filing of claims for taxes 8725 . 4140 Burnt District; revaluation for taxes 1878 736 Decedents' Estates- Executors and Administrators— Liable for taxes due prior to death of de­ cedent and also pending administra­ tion 4140 1740 Liable for taxes on" property of decedent for ensuing year if distribution occurs after October 1 8730 4142 Taxes which they are required to pay.... 4138 1739 4139 1740 8093 3771 8730 4142 Taxes on 4139 1740 Due at his death and assessed pending ad­ ministration 4140 1740 Escaped or Omitted Property— When taxes may be levied on 1207 470 Exemptions from Taxation. See Assessments; Benefits; Franchises and Grants. Act 1910, Ch. 619, riot retroactive. ..: 8968 4267 Acts providing for; do not cover benefit assess­ ments. . . . . 6300 2815 Acts providing for, not retroactive 6156 2737 Church property which is not exempt '.. 1912 749 1914 750 Fire Insurance Salvage Corps; Act exempting property of, invalid 6957 3185 "G-ans Bill" of doubtful validity, but to be en­ forced •...: 6113 2713 Homewood; claim for, disallowed 4443 1880 Mortgages held by Maryland corporation not taxable 154 54 JULY 1, 1903—JA^UAKY 1, 1911 319

Par. Page TAXATION OF PROPERTY—Continued: Exemptions from Taxation— Plant Exemptions— Limit for filing applications for 9745 4651 Manufacturing Industry; what term in­ cludes 798 320 Manufacturing Plants; definition and scope of term 323 136 784 317 Not applicable to bottling keg beer ' shipped here from another State 323 136 Plants furnishing steam power held not exempt under plant exemption ordinance 4866 2088 Power of Legislature to authorize mu- nicipalties to grant same an open ques­ tion in this State 786 317 Ship Building Plants; ordinance exempt­ ing invalid 784 317 Property of Consul and his wife; when exempt 3228 1321 Time limit for applications for plant exemp­ tion's. . , 9745 4651 Veteran Corps, 5th Reg. Inf., M. N. G 6155 2737 Gross Receipts Tax— Diminishes assessable value of easement for taxation. 1294 493 . Scope of statement required of corporations liable for 3620 1501 Statement of, required of U. Rys. & Elec. Co. in connection with Park Tax 3620 1501 Property Subject to Taxation— • Church Property— • ( Taxation of; limitations on exemption of 1912 749 City Stock— . > . City pays .State tax 9411 4481 Counties may tax 9411 4481 Consuls; property of 3228 1321 Contractor's Outfit used in connection with work; assessment levied against property of. out-of-town contractor 7266 3352 Coupon Bonds. See Stocks, Loans and Fi­ nance. Distilled Spirits— Abatement of interest on taxes in arrear denied 1374 529 Easements. See Easements. Guardians; stock held by 3353 1380 320 OPINIONS OF THE CITY SOLICITOR

TAXATION OF PROPERTY—Continued: Par. Page Property Subject to Taxation— Homewood— University ground not exempt from; Art. 81, Sec. 4, P. G. L. (1904), and Act 1904, Ch. 460, construed. . . : 4443 1880 Market Stalls— Nature of holding determines taxability of 5254 2255 Personal Property— Exempt from taxation, when 153 54 Owner required to pay assessment of taxes levied previous to destruction by fire 1203 469 Private. Streets; taxation of 5824 2558 Property in hands of executor after distribution 8093 3771 Rolling stock of railroads 3447 1415 Savings Banks; surplus of not taxable as de­ posits 3202 1308 3217 1314 Sewerage'Enabling Act; property included un­ der 2259 888% Stock in corporation held by guardian of mi­ nor's estate held to be taxable in jurisdic­ tion in which estate is being administered. 3355 1381 Trolley Peed Wire Poles; not exempt from taxation 1639 630 "University of Maryland; property of not ex­ empt from 3831 1597 Wife's Property; situs for when separated from ' husband .' 4313 1818 Taxable at domicil of husband; conflict of decisions 4314 1818" Refunding of Taxes— Paid in Error— When enabling ordinance is necessary.... 8518 4023 Paid in Mistake of Law, refund denied 9686 4620 To vendor on property bought by City; funds available for : 6426 ' 2883 When paid under erroneous assessment 8625 4086 State Tax Commissioner— Not required to state to Appeal Tax Court his mode of valuing shares of bank stock 5634 2453 Report from Savings Banks; taxation of sur­ plus 4249 1788 To allow credit to corporations holding West­ ern Md. R. R. Stock Debt 1014 400 State Taxes— City Collector's fees for collecting. 516 216 JULY 1, 1903—JANUARY 1, 1911

TAXATION OF PROPERTY—Continued: Par. Page State Taxes— Collection not barred by limitations 2326 919 Exemption on West. Md. R. R. Stock Debt held by corporations 1014 400 Legislation providing for levy of 1170 457 Legislature Axes' rate of 1188 462; Not required to be paid until levied by ordinance 1191 463 On property purchased by City 6427 2883 Premature levy by M. & C. C. of Balto.; status of ordinance making levy and taxes paid thereunder 1169 456 Refund to National Banks by City on account of holdings of City Stock 6461 2905 Time when Mayor and City Council of Balti­ more is required to levy 1184 461 Void levy by M. & C. C. of Baltimore before rate was fixed by Legislature 1169 456 Tax Judgments. See City Collector. Tax Levy. See Board of Estimates; Stocks, Loans and Finance. City Taxes; provisions of Charter as to levy and collection of 1176 459 Notice of increase in Annex assessments 268 106 Reduction of; considerations controlling 812 325 Sinking Funds— Failure to levy for 4060 1699 Levy for 4059 1699 Under acts and ordinances authorizing loans. 814 326 Void levy of 1169 456 Tax on Mortgages. See Acts of Assembly. ^ Effect of Act repealing tax 1260 485 Tax Rate. See Annex. Tax Bills- Question of delivery in regard to collection of interest and penalty on back taxes 2006 789 Tax Sales. See Advertisements; Alleys; Leases; Notice; Releases. Advertisements of— Mis-description of property in 2986 1209 Must give sufficient description 2983 1207 Procedure when defective 2990 1210 Arrested by decree of court assuming jurisdic­ tion 2955 1196 Balance of purchase money; title to 728 297 Effect on title and interests in surplus from sale 734 298 No change of ownership until confirmation of.. 2580 1031 21 322 OPINIONS OF THE CITY SOLICITOR

TAXATION OP PROPERTY—Continued: Par. Page Tax Sales— Notice of— As prescribed by Sec. 182 of Charter." 7305 3377 Effect of failure to give 7306 3377 Payment of surplus from sale of leasehold in­ terest where owner cannot be found.... 734 298 Property under Court's jurisdiction not salable 2950 1194 Property under jurisdiction of Court; test of jurisdiction 2953 1195 Report of immediately after, required 2421 963 2425 964 Title to balance of purchase money 738 299 When made by one collector and deed executed by his successor 374 162 Taxes Generally. See Appeal Tax Court; Burnt District; City Property; Franchises and Grants; Judgments; Licenses; Park Tax; Poles and Wires. Back Taxes—. Abatement of penalties in settling cor­ rected assessment for &520 4083 Penalty and interest on; right of City Collector to collect 2005 789^\ Rights of parties concealing assessable property 2004 789 Corporations entitled to credit for holdings of City Stock 7033 3221 , . Effect of repealing statute on taxes due and current levy 1251 483 In arrears. See Annex. Judgments— For personal taxes; execution on 1000 394 Judgments for unpaid taxes; recording of; costs of recording 2018 795 On Spirits, etc.— Interest on arrears of; no abatement of... 1374 529 Owner liable for on personal property de­ stroyed by .fire after levy 1203 469 Paid by Non-Residents. See Non-Resident Pupils. Settlement of taxes omitted in error; abate- ' ment of penalty on back taxes 864 4097 State and City taxes differentiated 1170 457 Status of, on property destroyed by fire of Feb­ ruary 7, 1904 1203 469 Surplus funds of Savings Banks 4248 1788 TANKS— See Permits. JULY 1, 1903—JANUARY 1, 1911

Par. Page TEACHERS— See Salaries; Schools. • Appointment or removal of 3163 1286 Former Teachers— Status when candidates for re-appoint­ ment 9517 4537 Must qualify by competitive examinations. 9515 4536 Reinstatement without competitive examina­ tion; power of School Board 9694 4625 Removal, transfer and salaries of 6291 2811 Retirement Fund for— Act Creating— Section 102Q construed.. 7122 3270 Status of teachers under; when not on active duty 7000 3204 7004 3205 When salaries become payable un­ der 7122 3270 Payment to estate of deceased teacher; proper payee 8250 3860 Status of the permanent fund; additions to powers of Board of Trustees 8246 3859 Superannuated teachers not on active duty; status 7000 3204 Superannuated and not on active duty '.. 7000 3204 Transfers of;- powers of Board of School Com­ missioners relating thereto : 6290 2810 TEE ("T") RAILS— See Street Railways. • - . TELEPHONE— Companies. See Collector of Water Rents and Licenses; Municipal Subways and Conduits. Conduits. See Permits. Lines. See Md. and Penna. R. R. Co. Loch Raven Line; City's ownership con­ firmed 3558 1470 Manholes. See Contracts. Poles and Wires. See Poles and Wires. TEMPORARY— Court House. .See Contracts; Municipal Build­ ings. • - Franchises. See Franchises and Grants. Loans. See Stocks, Loans and Finance. Paving. See Paving. Permits. See Permits. Sheds. See Frame Sheds. Work in Streets. See Permits. ' 324 OPINIONS OF THE CITY SOLICITOR

Par. Page TENANTS— See Buildings; Electrolysis; Kerbing; Landlord and Tenant; Municipal Subways and Conduits; Notices; Nuisances. In Dangerous and Unsafe Buildings. See Buildings. Ejection of 2924 1188 Notice to quit; effect of defective notice; waiver 2450 974 Of City Property; status when holding over... 2522 1006 Of condemned buildings; not evicted by con­ demnation; status of lessor, lessee, sub-les­ see and assignee of lease 3767 1565 Responsible for abatement of nuisances 3273 1342 When required to abate nuisance 5968 2634 TENEMENT AND APARTMENT HOUSES— See Building Code; Health. Apartment Houses— v. Alteration of two adjoining dwellings to have a single entrance for both; status under Code 8107 3780 8110 3782 Must not occupy more than 80 per cent. of lot 7054 3232 Laws and ordinances relating to 6584 2972 Matters relating to which the inspector of Buildings and Commissioner of Health, re­ spectively, have jurisdiction 6584 2972 TENTH STREET (Walbrook)— Abutter required to pave sidewalks on. 9331 4443 TENURE— ' See Markets. TERM OF OFFICE— See Commissioners for Opening Streets; Con­ stables; Municipal Officials. Commencement of; appointee to School Board. 3309 1359 Commissioners for Opening Streets 2277 895 Duration of, as to constables. 6486 2923 6490 2926 6491 2926 Extension of, by legislative enactment 7423 3436 Municipal Officials—Charter provisions relat­ ing to 2277 895 TEST CASES— See Health. As to "Pure Milk Law" 6272 2801 TESTING STATION— See Walbrook Testing Station. JULY 1, 1903—JANUARY 1, 1911 325

Par. Page THAMES STREET— Railway franchises on 6378 2859 THEATRES— Fire Alarm Boxes in; proprietors must pay for 2264 890 Permit for; where similarly used under old law 9689 4621 THEME READER— See Schools. THIRD AVENUE— Width of bed of 2987 1209 THIRD STREET- IS private 7413 3430 THOMAS STREET- IS private 7413 3430 TIME— See Contractors; Contracts. As Affecting Contracts. See Contracts. Extension of. See Bonds. For Filing Bids. See Contracts. TITLE— See City Property; Condemnation of Property; Docks, Wharves and Piers; Ejectment; Jones' Falls; Markets; Nuisances; Ordi­ nances; Sewers and Drains. Houses extending oyer alley conveyed to City in fee 4318 1821 Of Ordinances— Effect of irrelevant matter not revealed by 84 30 To indicate subject-matter thereof 82 30 Private sewers and drains purchased by Sewer­ age Commission ; 9217 4390 To City Property— Approval of City Solicitor a prerequisite to vest same in City 2096 825 To flagstones laid in public streets by individu­ als 2761 1114 To Jones' Falls. See Jones' Falls. To Land Surrounding Druid Lake. See Druid Lake. 4565 1938 To property. See Taxation of Property. TOBACCO WAREHOUSES— Right of. State' to sell Warehouses No. 1 and No. 2 2410 958 TOLLS— See Turnpikes. 326 OPINIONS OF THE CITY SOLICITOR

TOPOGRAPHICAL SURVEY COMMISSION— Par. Page See Grades and Grading of Streets; Maps and Plats; Plats. Acts of Assembly and Ordinances Relating to.. 3979 1663 8481 4003 Report on 3128 1271 Resume of 302 133 Can be abolished only by statute 320 135 Engineer and His Assistants— Appointment of; salaries of 321 135 Establishment of Street Grades by 6975 3195 Approval of; form of written approval.... 3146 1277 In Annex; powers 3150 1279 ' 3152 1281 Method of procedure for '. 3144 1277 Powers relating to. .• 3983 1664 Limits of powers 3512 1446 3519 1449 Windsor Avenue grade illegal 3598 1490 Grades of Streets in Annex- Legality of grades established by Com­ mission 3124 1269 May legally establish; establishment by City Surveyor unnecessary 3135 1273 Powers to amend plan adopted under Or­ dinance 129, 1898..-..: 3134 1272 Legality of its existence upheld 312 133 Maps of— Laws and ordinances authorizing prepa­ ration of 3979 1663 Official Street Plan of— Amendments to general plan; advertise- / ment of notice 3134 1272 .....; 3139 1274 3145 1277 Buildings in bed of street laid down on; notice accompanying permits for 7802 3610 ;. 7804 3611 Deviation from, in opening street; ceme­ tery in path of street; prohibition against condemnation 4133 1736 Not adopted by M. & C. C. of Balto 3518 1449 Plans of streets made "by.. 6975 3195 Property rights unaffected by streets es­ tablished on plats of 3925 1638 Salaries of employees of; increases 4299 181] Scope of its powers 3519 1449 Streets of which grades should be established by 3142 1276 JULY 1, 1903—JANUARY 1, 1911 327

TORTS— Par. Page See Contractors. Of independent contractors with City; liabil­ ity of City for 7131 3275 TOWSON— Pollution of City Water Supply in Vicinity of. See Water. TRACKS— And Track Rails. See'Street Railways. Of Steam Railroads. See Steam Railroads. On Private Streets. See Park Tax. Settlement of. See Street Railways. Space of. See Street Railways. TRACTION ENGINE— Use of streets in Annex by, forbidden 9677 4615 TRADE FIXTURES— Valuation of, in condemnation proceedings 5571 2422 TRADING STAMPS— Proposed ordinance providing for heavy license fees for trading stamp companies and mer­ chants using stamps held invalid 8453 3986 TRANSFER BOOKS— See Stocks, Loans and Finance. TRANSFERS— See Licenses; Stocks, Loans and Finance. Of City Stock. See Guaranty Deposits. Of Property. See Property. TREES— See Abutting Property Owners; City Engineer; Nuisances; Park Board; Sidewalks and Footways. Blown down in street; removal of 7669 3550 Cannot be moved by City merely because they interfere with electric light wires of Con- sol. Gas Co 4017 1679 Changing curb line to preserve row of 9223 4392 City not concerned with, unless interfering with use of street or otherwise a nuisance 4467 1891 Destruction by construction of sewer; liabil­ ity of City to abutter 9553' 4555 Nursery or Ornamental; held a commodity to which system of competitive bidding is ap­ plicable 5594 2433 Obstructing street or footways may be removed by City 4015- 1679 Obstruction of electrical wires of public serv­ ice corporation erected under a franchise from City; power of corporation to trim.. 3097 1253 Obstructing Street; City must remove 8641 4095 328 OPINIONS OF THE CITY SOLICITOR

Par. Page TREES—Continued: On Private Property; obstruction of highway or interference with electric wires 4015 1679 On Sidewalks— City has no authority to care for 4468 1891 Control of, in owner of house abutting sidewalk 4468 1891 Ornamental, on sidewalks; trimming of, to clear wires; City to inspect work to prevent mutilation 3097 1253 3098 1254 Pavement restoration where dead 627 259 TRENCHES— 'See Contractors; Paving; Sewers and Drains. Back Filling of. See Street Railways. Excavated for Sewers. See New Sewerage System. Excavations in. See Contracts; Excava­ tions; New Sewerage System. For New Sewerage System; injury to founda­ tion of adjacent building; liability of City and contractor 7702 3568 7715 3572 Private drain injured by settling of back filling over water main 7278 3359 Sidewalk injured by improper back filling of.. 7300 3374 TRESPASS— See City Property; Damages; Grades and Grading of Streets. Health officers may render City liable for 3845 1602 In Grade Changes— City's liability for 1863 730 TRESPASSERS— Ejectment of, from City property 5401 2334 On site of new High Service Reservoir; remedy of Water Department 6946 3180 TRIALS— See Municipal Officials. TROLLEY POLE— See Gas and Electric Co.; Licenses; Poles and Wires; Taxation of Property. TRUST COMPANIES— See Bids. Checks of. See Contracts. Certified by, not receivable with bids for City JULY 1, 1903—JANUARY 1, 1911 329

TRUSTEES— Par. Page In Bankruptcy. See Bankrupts' Estates. Named in mortgages to secure bonds; their powers to represent the bondholders 2056 809 To receive notice of paving of trust property.. 3973 1659 TRUST ESTATES— See Paving'. TRUST PROPERTY— See Trustees. TUBERCULOSIS— See Health. Power of Commissioner of Health— To commit persons suffering with, to hospitals for treatment; To compel removal and isolation of per­ sons to prevent contagion; To prevent contagion in private homes by removal and isolation: 5191 2228 5205 2232 Pulmonary or Laryngeal; fumigation of prem­ ises vacated by consumptives 4253 1791 TUBULAR WIRE LIGHTING SYSTEM— Use of gasoline tank in installation of; permit for; powers of Inspector of Buildings 4514 1911 TUITION OF NON-RESIDENT PUPILS— See Non-Resident Pupils. TUNNELS— See Balto. Belt R. R. Co.; Smoke. Baltimore & Potomac R. R. Tunnel- Ordinance authorizing construction 2083 818 Ventilation of. . 1 1 Belt Line R. R, Tunnel— Setting of Howard Street over; liability for repair of street railway bed on. ... 660 271 Draft of proposed ordinance in re smoke nui­ sance from 7339 3396 Excavation in. See Contracts; Excavations. Union R. R. Tunnel— Repaving of street settling over 6059 2679 TURNPIKES— See Annex; Condemnation of Property; Damages; Deeds; Nuisances; Park Tax; Reisterstown Turnpike Co.; United Railways and Elec­ tric Co-; York Road Turnpike. 330 OPINIONS OF THE CITY SOLICITOR

Par. Page TURNPIKES—Continued: Beds of. See Paving. Injury to, by overflow of drainage from street due to paving; claim for dam­ ages 5465 2371 Liability of City for injuries due to dan­ gerous condition of 4477 1895

Remedies tof City when in bad repair or . dangerous condition 4474 1895 Cession of to City required to be free of rail­ way or other easements 2854 1156 Companies. See Easements. Basement where road was formerly pub­ lic 9114 4343 Condemnation of as public highways, frees easements of street railway company 2852 1155 Franklin Turnpike— Bridge of over Gwynn's Palls; power of Inspector of Buildings to condemn as unsafe 4474 1895 4485 1899' 4489 1900 Data relating to bridge over Gwynn's Palls owned by '. :..-.. 4474 1895 '.' 4482i 1898 Frederick Turnpike— Bridge of, over Gwynn's Run. .••••• 5405 2337 In Annex— Establishment of grades of; powers of •City 7172 3297 Regarding of; powers of City; cost of.. 7172 3297 , Status of, as highways 7172 3297 Where formerly public roads...... 9114 4343 Taxation of •• 267 105 Tolls Chargeable by— Balto. & Jerusalem Turnpike Co.; right to collect within City limits 5725 2508 Reisterstown Turnpike Co.; proper rates 5473 2374 TURNSTILE DOORS— See Buildings. Buildings in which prohibited 2159 850 TWENTIETH (20th) STREET— Old well on, in state of nuisance : 2402 955 TWENTY-FIFTH STREET— Cost of inlets constructed in r'egrading of.... 3544 1461 Failure of paving on between railway tracks; obligation of contractor 6243 2786 JULY 1, 1903—JANUARY 1, 1911 331

TWENTY-NINTH STREET— Par. Page Filling in to grade; houses below grade; fill retained between kerb lines.. 7539 3492 TWENTY-SECOND STREET— Repairs to guaranteed paving; not to be charged against balance due for paving said street 6502 2932 Top-surfacing with bithulithic by Annex Imp. Commission 5043 2160 Substitution of paving materials under con­ tract for paving of 6186 2752 UHLER'S ALLEY— Gas main in sewer in; right of City to compel removal 2181 859% ULTRA VIRES— See Contracts; Poles and Wires. Amendment to ordinance changing grade of street providing for compensation to own­ ers for consequential injuries held.. 1240 480 Contracts; made valid by legislative recogni­ tion , 501 211 Leases of City property not conformable to City Charter 1766 680 Limits of anti-smoke legislation by ordinance. 7339 3396 Ordinance appropriating money to Enoch Pratt Free Library so held 4497 1905 4506 1908 4507 1909 Private use of Broadway Institute at City's expense 6073 ,2688: UNAUTHORIZED— Employment. See Municipal Buildings. Paving of Public Street. See Paving. Structures. See Markets. UNCLAIMED DEAD BODIES— See Dead Bodies. UNDERGROUND— Drainage. See Cellars; Drainage. Obstructions. See Obstructions. UNDERPINNING OF— Adjoining Property. See Owners of Property. 2415 960 Buildings. See Buildings. Foundations; adjoining owner is relieved when excavation exceeds 10 feet 8765 4160 Party Walls. See Party Walls; Walls. Depth to which adjoining owner must un­ derpin 2886 1171 332 OPINIONS oir THE CITY SOLICITOR

UNDERPINNING OP—Continued: Par. Page Walls of Buildings; computation of depth un­ der Code requirements 2884 1170 UNEXPENDED APPROPRIATIONS OR FUNDS— See Appropriations. UNGRADED STREETS— Right of property owner to bring street to grade in front of his property; crediting assessment when City grades street 5834 2562 UNION AVENUE— Connecting switch on; ordinance authority un­ necessary 9374 4461 UNION RAILROAD COMPANY OF BALTIMORE— See Steam Railroads; Tunnels. Charter construed 7339 3396 Charter history of; resume by its counsel.... 7330 3389 Directorate of; City no longer entitled to rep­ resentation in 3259 1336 Union R. R. Tunnel. See Paving; Steam Rail- Railroads. Charter data of railroads using 7330 3389 Draft of proposed ordinance in re smoke nuisance from 7339 3396 Repaying due to settling of 6059 2679 UNION VETERANS' ASSOCIATION— Statue to be placed in Druid Hill Park by 4567 1939 UNION WAGES— Scale of, not enforceable under provisions of City Charter 227 86 UNITED ELECTRIC LIGHT AND POWER CO.— Conduit leases construed : 1585 608 Effect of consolidation on 2310 913 UNITED FRUIT COMPANY— See Docks, Wharves and Piers; Leases. Lease of half of Pier 1 to, construed 6473 2916 UNITED RAILWAYS AND ELECTRIC COMPANY— See Street Railways; Paving; Assessments; Bridges; Franchises and Grants; Laborers; Light Street Bridge; Long Dock; Park Board; Park Tax. Awning at Pratt and Exeter Streets— Duty of City to restore 6276 2804 Belvieu Avenue— Replacing of "T" rail with girder rail by company on 7127 3273 Bridges— In re strengthening of Wilkens Avenue Bridge 6195 2760 JULY 1, 1903—JANUARY 1, 1911 333

Par. Page UNITED RAILWAYS AND ELECTRIC CO.—Cont'd: Bridges— Long Bridge— Right of City to restrict weight of cars of railway company 7514 3480 7534 3489 Obligation as to repairs to Long Bridge 7508 3477 7522 3483 7535 3490 Charles Street— Agreement with City fixing status quo pending litigation 5803 2547 5812 2551 Constituent Companies. See corporate titles of constituents. Baltimore City Passenger Ry. Co.— Park Tax; trackage' rights affected.by 3185 1300 North Avenue franchise 4229 1779 Balto., Pimlico and Pikesville Ry. Co.— Park Heights Avenue franchise of 5749 2521 Balto., South Balto. & Curtis Bay R. R. Co.— Act incorporating; provisions relating to Light Street Bridge 2979 1205 Charter rights, construed. 7513 3479> 7534 348* Baltimore Union Pass'r. Ry. Co.— North Avenue franchise 4229 1779> 4230 1779> Central Railway Co.— Fairmount Avenue tracks of; status of 1752 673: Tracks of, on Fairmount Avenue, between Lu­ zerne Street and City limits 3459 1420 3463 1421 ; . 3469 1424 3474 1426 Drainage of Tracks— Power of City to compel railway company to replace drain-pipe with a substantial cul­ vert necessitated by improvement of street 7807 3613 7821 3619 In re construction by U. Rys. & E. Co. of new culvert at Clifton Avenue and 12th Street to take care of :.. . 7808 3613 ...'.' ! 7821 3619 Feed wire poles taxable 1640 630 Fairmount Avenue, between Luzerne Street and City limits— Status of its trackage rights on 3458 1419 Garbage contract with; authorized... 493 208 334 OPINIONS OF THE CITY SOLICITOR

Par. Page UNITED RAILWAYS AND. ELECTRIC CO.—Cont'd: Income Bonds.of— Brief relating to the taxability of . 5529 2400 Funding Bonds— For interest coupons of; status of, as con­ stituting a payment of interest within meaning of Section 210, Article 81, Code Public General Laws 5529 2400 Held non-assessable for taxes 5529 2400 Synopsis of mortgage securing, and agreement for funding interest coupons of same 5529 2400 New Sewerage System— Cost of removing tracks in way of, and replac­ ing same 3719 1548 3724 1550 Obstruction of, by sewers and drains of; cost of removal 5278 2267 5293 2275 North Avenue tracks of; grade adjustment of, re­ quired 1854 726 O'Donnell's Wharf; right of, at 4902 2102 Old cableways of; removal to accommodate New . . Sewerage System 5781 2536 5786 2539

; 5792 2542 Park Heights Avenue; franchise rights on. 5752 2522 5759 2524 Park Tax; accounting for '. 1566 599 Statement required of company 3620 1501 Paving Obligations— Baltimore Street tracks; repaving between... 1S05 698 Complaints from, regarding defective paving by Sewerage Commission; policy of City 8277 3878 Effect of Act 1904, Ch. 274, upon obligation to pave trackage space as imposed by general and special ordinances 6323 2826 Expense of removal of pavement to effect change of grade chargeable to 6496 2928 Fairmount Avenue and Patuxent Street; inter­ section not to be paved by.. 1752 673 Fayette Street, between Charles and Calvert Streets— Repairs to paving on 6683 3023 Garrison and Gorsuch Avenues— Obligation to pave 6323 2826 Light Street— Repaving to render paving between tracks uniform with new paving; company not required to repave 3811 1586 JULY 1, 1903—JANUARY 1, 1911 335

"UNITED RAILWAYS AND ELECTRIC CO.—Cont'd: Par. Page Paving Obligations— North Avenue— Repaving; obligation of company 4786 20.45 4789 2046 Pavement over its roadbed; cost of removal in readjustment of tracks 6254 2793 Pratt Street Tracks; rearrangement of 3336 1373 Preston Street; extension tracks on 3644 1513 Sewer Trenches— Claims for expense of readjusting its tracks over; liability of City and Contractor 7554 3500 Taxation of its property in "Annex"; effect of Foutz Law 267 105 Tracks of— Curves and Switches; franchise ordinance re­ quired for 4427 1873 Disturbance of, by City's agents; notice to rail­ way company 8184 3827 8192 3832 Elevation of its tracks in Wyman Park; work of. . . 4051 1694 4054 1696 May be required to discontinue "T" rails on public streets 7127 3273 Rail Sections; City Engineer's authority to pre­ scribe :-'-i>561 234 573 239 Removal of tracks from side to center of-street; when entitled to compensation 7652 3543 ., : 7667 3549 Tracks on Ridgely Street 7366 3408 United Railways and Electric Co. v. Hayes, 92 Md. 490. 2l' 7 York Road— Agreement with City fixing status quo pending litigation , 5805 2547 5812 2551 5818 2554 Cession to City; discussion of 2848 1153 UNITED STATES AUTHORITIES— Abatement of nuisance on property in posses- • sion of . ,- , 9294 4427 UNITED STATES CAST IRON PIPE AND FOUN­ DRY CO.— Contract for sewer pipe, construed _ 3864 1612 UNITEMIZED APPROPRIATIONS— See Appropriations. 336 OPIJSTIOKS OF THE CITY SOLICITOR

Par. Page UNIT PRICES— Contract providing for compensation under.... 5705 2493 UNIVERSITIES— Law relating to tax exemptions, construed.... 4435 1879 UNIVERSITY OF MARYLAND— See Taxation of Property. Acts chartering, construed 3832 1597 Property of, not exempt from taxation 3832 1597 Water Rates for; hospital and dispensary treated as separate institutions in fixing.. 4076 1708 UNKNOWN OWNERS— Surplus from tax sales; payments of. . 734 298 UNOPENED STREETS— See Permits; Topographical Survey Commission. Building in beds of; clause in notice accom­ panying permits therefor 7802 3610 7804 3611 UNPAID BOARDS— See Contracts; Municipal Boards; Members. Members cannot be interested in City contracts. 5905 2602 UNSAFE AND DANGEROUS BUILDINGS— See Buildings. VACANCY IN OFFICE— See Public Printer. VACANT HOUSES— See Gas Meters. VACCINATION— See Fire Department; Health. Certificates of— Power of City officials to inspect and re­ vise 3876 1618 Review of, by vaccine physicians 3874 1617 Powers relating to vaccination of pupils in Public Schools 3876, 1618 Regular physicians may vaccinate pupils of Public Schools and give 3876 1618 Pees for vaccinating firemen not payable by Comptroller 1560 597 Of Firemen— Vaccine physicians to perform 1560 597 Of School Children. See Schools. Procedure of Health Department ap­ proved 6076 2689 6078 2691 Vaccine Physicians— Firemen to be vaccinated by 1560 597 JULY 1, 1903—JANUARY 1, 1911 337

VACCINE PHYSICIANS— Par. Page See Health; Vaccination. VAGABONDS— See Vagrants. VAGRANTS— See Bay View Asylum; Commitments; Supervisors of City Charities. • Legality of temporary commitments to Bay View Asylum pending investigation by Supervisors of City Charities 3088 1250 Nature of magistrates' hearing to determine case of vagrancy; not a preliminary hear­ ing. 3089 1350 VAUDEVILLE SKETCHES— In moving picture places; laws regulating.... 7559 3502 VALUATION OF PROPERTY— See Appeal Tax Court; Assessments; Condemna­ tion of Property. VALUATIONS FOR TAXATION— See Burnt District. VARIATIONS— From [Specifications. See Contracts. VAULTS AND AREAS— See Burnt District. Open Areas— Cover must be flush with pavement 2407 957 Existing at time of great fire; restoration of authorized under usual building per­ mit 3338 1374 Existing laws relate only to public streets, etc 2034 801 On Private Streets- Inspector of Buildings has no powers over '. .- 2034 800 Legislative powers of M. & C. C. of Balto. v relating to 2035 801 On Sidewalk; erected in defiance of law 2407 957 Prohibited by law 2407 957 Under Sidewalks. See Burnt District. Burnt District Act; not to affect 1389 534 i Vaults— Erection of, not to interfere with elec­ trical conduits 3789 1574 VEHICLES— See Automobiles; Obstructions; Streets, Highways, etc. License tax on for revenue invalid 2771 1118 License tax on; increase of 2771 1118 Public Stands for. See Public Stands for Ve­ hicles. Automobiles may occupy 2684 1077 22 338 OPINIONS OF THE CITY. SOLICITOR

Par. Page VEHICLES—Continued: Sales of in streets 3046 1230 Sidewalk; injury by 7724 3576 Standing in Streets— Ordinances relating to, construed 3044 1230 When unlawful. . , 3044 1230 Stored in Streets— Rights of owners of -.. 582 244 VENDOR AND VENDEE— See City Property; Paving; Taxation of Property. Costs of paving; when vendee is liable for.... 3057 1236 VENTILATION— See Schools. VENTILATING SHAFTS— 21 7 VESSELS IN HARBOR— See Inspections. VETERAN CORPS, 5TH REG. INF., M. N. G.— Exemption of property of from taxation. 6155 2737 VETO— See Closing, etc., Streets, etc.; Ordinances. VIOLATIONS OF ORDINANCES— See Ordinances. VISITORS TO THE CITV JAIL— See City Jail. VITRIFIED BRICK— See Paving. Cannot be substituted for flagstones; when.... 753 304 VOID— Levy of Taxes. See Taxation of Property. Ordinances. See Ordinances. VOTERS— See Contractors; Contracts; Registered Voters- VOTING— At Board Meetings— Members must be present at 2535 1012 Members of Municipal Boards cannot vote by letter 4683 1991 6436 2883 VOUCHERS— See Comptroller; Harbor Board; Harbor Engineer. May be paid by Comptroller even though con­ ditionally receipted. . . /. :.. 6897 3145 JULY 1, 1903—JANUAKY 1, 1911 339'

Par. Page WAGES— See Contracts; Employees; Laborers. Act fixing minimum for City employees, con­ strued 8934 4250 8937 4252; 8949 4257 Assignment of, by Employees; validity of, de­ nied 1884 739> Current Per Diem Wages— Contractors on City work must pay 9181 4372. Current rate of wages 5954 2628. Meaning of term under the "Eight Hour Law" 5915 2607 6399 2868. 6414 2877 Method of determining rate of, for City work 5913 2606' 5954 2628 Prosecution of offending contractors for City work on failure to pay 6414 2877" Rule for ascertaining and illustration of 8318 3903 Labororers— Act 1910 does not apply to contractors 8890 4227 May be retained to cover value of stolen prop­ erty. 7202 331* Minimum for contractors; effect of Act 1910, Ch. 94 : 9181 4372 WALBROOK AVENUE— Grade between 8th and 9th Streets. 3512 1446. , 3519 1449' WALBROOK SANITARY SYSTEM— Minor privilege permit required for private con­ necting pipe's laid in street bed 6367 2853: WALBROOK TESTING STATION— Opinion of patent expert rejecting Brossman's claim for infringement of filter 5384 2320' 5385 2321 , 5391 2327 WALLS— See Building Code; Buildings; Excavations; New Sewerage System; Permits; Private Streets and Alleys. Of Buildings. See Buildings; Building Code; Excavations; Foundations; Permits. Cost of making secure unsafe and dan­ gerous; property on which lien will lie 5618 2445. #

340 OPINIONS OF THE CITY SOLICITOK

"WALLS—Continued: Par. Page Of Buildings— Division or Outside Walls— Windows or openings overlooking ad­ joining property 4908 2106 Existing Walls— May be rebuilt if safe 3613 1497 Party or Side Walls. See Owners of Prop­ erty. Building not anchored to; must have separate side walls 5846 .2570 Construction requirements 5846 2570 Depth to which adjoining owners must underpin 2886 1171 Effect of, in determining assessable value of property for taxation 2703 1086 Expense of underpinning; by whom borne 974 381 Requirements in brick dwelling out­ side fire area 4452 1977 When Inspector of Buildings is re­ quired to underpin. 2415 960 Underpinning of adjacent walls dur­ ing construction work 2884 1170 Use of steel girders in lieu of sepa­ rate side wall 5846 2570 • Re-erection of; when Code requirements do not apply 275 110 Retaining. See Jones' Falls. WARREN BROS.— Guaranty covering paving on 25th Street 6243 2786 WARREN MANUFACTURING CO.— Rules for valuation of property holdings of 5566 2417 5571 2422 ' 5584 2428 5591 2431 WARREN RESERVOIR SITE— Effect of Act 1910, Ch. 304, on negotiations for 9157 4360 WARWICK AVENUE- IS a public street 7413 3430 WASHINGTON, BALTO. & ANNAPOLIS ELEC. RY. CO^- Railway tracks on Lombard Street; permit for 8608 4077 Signs on trolley poles of 6943 3177 WASHOUTS OF PAVING— See Bonds; Paving. WASTE PAPER IN STREETS, ETC.— See Contracts. , City may contract for collection and disposal , JULY 1, 1903—JANUARY 1, 1911 ' 341

WASTE WATER— Par. Page. See Nuisances. Excessive discharge in alley ' 4783 2043 WATCHMEN— See Bridges; Hours of Labor. Expense of, at dangerous spots in street 8028 3727. WASTE WATER DRAINAGE— See Nuisances. WATER— See City Property; Collector of Water Rents and Licenses; Minor Privileges and Franchises; Nuisances; Owners of Property; Private Streets; Water Mains and Pipes; Wells and Springs. Baltimore County Users of— Supply to county houses; requirements imposed on City 2887 1172, Balto. County Water and Electric Co.— Agreement with permitting City to supply water ' to swimming pool of St. Joseph's Semi­ nary 4996 2141 Invasion of territory of, by City water mains; Section 6, sub-title "Water," construed 2890 1173 Purchase of its franchises. 741 300- Waiver from, required to permit City to supply water in its territory 4995 2141 Drinking; condemned wells; right of Water De­ partment to forcibly enter private property 8360 3929 Overflow of. See Damages. Pollution of water supply in the water-shed terri­ tory; right of department inspector to en­ ter private property against protest of owner to ascertain whether pollution ex­ ists; resume of laws, ordinances, rules of Board of Health and decisions thereon.... 8035 3731 Should be supplied by City in lieu of condemned wells'. 8132 3796 8424 3968 , 8427 3970 Water Board and Department of. See Employees. Bonds of Clerks of. See Bonds. Condemned wells; procedure; water in lieu of 8131 3796 Conflict with gas company as to cost of remov­ ing water pipes to accommodate mains to New Sewerage System 6670 3016 No authority to grade a street except as agent of City Engineer 6753 3059 .342 OPINIONS OF THE CITY SOLICITOR

WATER—Continued: Par. Page Water Board and Department of— Pensioning of employees unauthorized 3909 1631 Powers as to regulations governing water serv­ ice pipes A 9148, 4357 Status of telephone service to certain reservoirs.. 3558 1470 Surplus funds of, to be applied to sinking fund of Water Stock 4191 1762 Water Meters— Applications for; powers of Water Board 2327 919 Measurement of water, by; in residences 2331 921 Water Rates— Charitable Institutions— Definition of "free care" 4339 1832 4345 1834 Water rates for; not entitled to reduced rate when inmates are employed at a profit to institution 4345 1834 Dwelling; Rates for— . Powers of Water Department relating to. 2331 921 General ordinance covering, construed 4070 1706 Hospitals and Dispensaries— Rules for determining in case of 4070 1706 Water rates for 4076 1708 Maryland Penitentiary; not a charitable institu- • tion •.. 6258 2796 . Water Board may fix rate for 7744 3585 Ordinance 125 of 1904 analyzed and construed. 4070 1706 Ordinance 327, July 5, 1905, fixing rates, con­ strued. . 2331 921 Water Board's action in fixing not reviewable. 4077 1708 Water Rights— • Of companies in Annex and counties; condem­ nation of, on extension of City mains 2890 1173 Of Water. Board around Druid Lake 4565 1938 Water Supply of City-^- Extension of; duty of City 2368 936 2370 937 Property owners not required to extend 2369 936 Water System of City- Repairs made necessary by work of other City Departments. 9244 4401 WATER CABS OF STREET RAILWAY CO.— Injury to Wilkens Avenue Bridge by 6201 2760 WATER CLOSETS— Plumbing requirements for 392 170 WATER COOLERS— Controversy as to purchase of, by Fire Depart­ ment 2614 1047 JULY 1, 1903—JANUARY 1, 1911 343.

WATER COMPANIES— Par. Page See Annex; Condemnation of Property. ' Extension of City system in territory of 2654 1063- WATER ENGINEER— See Water Mains and Pipes. WATER FRONT— Title of City to 2124 835. WATER MOTORS— Waste water from; disposal of 1803 697 WATER MAINS AND PIPES— See Annex; Board of Estimates; Docks; Wharves and Piers; Electrolysis; Gas and Electric Co.; Gas Mains and Pipes; Water. Baltimore County— Extension of City mains on streets in to supply residents of 2891 1173. Extension of City mains into; purchase or condemnation of water rights of local company required 2654 1063' 2889 1173 Bill for repairs made to, by N. C. Ry. Co.; pol­ icy of City as to such claims 4494 1903. Cost of removing water valve necessitated by removal of railway tracks at instance of City 7672 3552; Franchises to Lay— Power of Board of Estimates to pre­ scribe terms of 6361 2849 In Green Spring Avenue Road 7435 3443 Injury by electrolysis; liability for 38 12: Private— Extension of, on new docks and piers... 6072 2687 Private Drain— • Injury to in laying of 7278 3359 Private Property; Mains and Pipes in— Abandonment of; right of City to compel property owners to connect with new main laid in alley 7612 3527 Discontinuing use of; policy of Water Department 7614 352)7' In private streets '. 5885 2590 Repairs to water pipes injured by contractors for New Sewerage System 8981 4274 Stop-Boxes for stopcocks to service pipes; own­ er must provide in relaying pavements.... 9148 4357 To be laid only in public highways 2268 891 When City may lay, in property acquired by condemnation .• 2443 970 S44 OPINIONS OF THE CITY SOLICITOE

Par. Page WATER POWER RIGHTS— Rule for valuation of in condemnation pro­ ceedings discussed 5577 2424 WATER RATES— See Water. WATER RENTS AND LICENSES— See Licenses; Mail Wagons; Water. Mail wagon license fees 663 272 WATER RIGHTS— See Jones' Falls; Water. WATER SUPPLY OP CITY— See Water. WEBSTER STREET— " See Sewers and Drains. WEEDS AND GRASS IN GUTTERS— Abatement of nuisance in Annex ; 1825 710 Removal of from public and private property... 1793 690 WEIGHTS AND MEASURES— See Inspections; Inspectors; Lamps and Lighting. Inspectors' powers in inspection, of 1503 577 Scales— Bakers'; for weighing dough; not re­ quired to be inspected 2393 949 Scale Inspectors; powers 1504 578 Used by owner to weigh goods bought by him; not to be inspected and stamped. 2392 949 Weights and Measures— Oyster Measures— Foreign and Domestic shipment measures to be, same. 2968 1201 Not up to standard are violation of Interstate Commerce Law 2968 1201 Stamping of; charge of inspector; meas- : ures not in use but manufactured for sale..... 6950 3182 Used in foreign shipments , 2968 12(01 Used on ships in harbor; stamping of by ' City inspectors authorized 2012 793 WELL AND SPRING WATER— See Private Property; Water. WELLS AND SPRINGS— See Nuisances; Water. In State of Nuisance; condemnation of; when on private property 3628 1504 Maintenance within City limits on private property not per se unlawful 5880 2587 JULY 1, 1903—JANUABY 1, 1911 345

WELLS AND SPRINGS—Continued: Par. Page On Private Property— Powers of City to condemn 3626 1504 Proposed ordinances relating to condem­ nation of 8423 3968 8427 3970 On Public Highways— Condemnation of; procedure of "Water Engineer 8857 4047 Privy— Owners must abate nuisances in 4185 1760; Water from— Condemnation of, mandatory if bad 8102 3776: Well on premises of Rosenberg, Happ & Siegel 5879 2587 WELLS STREET— Status of B. & O. rights at intersection of Covington Street 2470 983' WESTERS CEMETERY— Copy of charter of 8376 3938: Held liable for benefit assessment in opening of Seventh Street 8378 3940 WESTERN FEMALE HIGH SCHOOL— Rights of Fourth Regiment of Infantry under their lease 2520 1006 WESTERS MARYLAND R. R. CO.— See Bridges. Abutments of, on Liberty Road 2807 1134 Condemnation powers of, in City limits 2803 1133: Double tracks on Donaldson Street, Sharp to Marshall Streets 125 42; 132 44 Extension of, through City; charter rights dis­ cussed 2803 1133 Must receive sanction of City 2807 1134 North Avenue Bridge, between 3rd and 4th Avenues 280 115 Stock Debt of— Corporations holding it as investment of part of its capital entitled to a credit by State Tax Commissioner 1014 400' Tracks under Edmondson Avenue Bridge 128 43 ., 133 44 WESTERS MD. R. R. FUND— See Municipal Buildings; Stocks, Loans and Fi­ nance. Appropriations from; power of Councils de­ fined. . . . ; 1570 601 Conduit relocations in Burnt District; costs out , of..' 1729 662, .346 OPINIOKS OF THE CITY SOLICITOR

WESTERN MD. R. R. FUND—Continued: Par. Page Establishing building lines in Burnt District; costs charged to 1653 636 Grade establishments; expenses of, payable out of 1451 555 Ordinance authorizing payment of award for damages in change of Baltimore Street grade out of, construed 6269 2800' Payment of mural decorations for new Court House 5055 2166 Validity of certificates of deposit upheld 4917 2109 WEST. MD. TIDEWATER R. R. CO.— Legal status and legislative history of Jones' Falls franchises 9655 4605 Overhead crossing over Windsor Mills Road.. 124 42 130 44 Seventh Street Bridge over tracks of; cost and construction requirements 8751 4152 WESTERN UNION TELEGRAPH CO.— Taxation of its poles and wires in Annex 267 105 WEST FALLS AVENUE— Condemned and closed, including bridges there­ on 5977 2639 WEST FOREST PARK— Extension of City water system to 2654 1063 WEST LOW LEVEL INTERCEPTOR— Prepayments on contract for construction of.. 5518 2393 WEST STREET— B. & O. tracks on; status of 1433 548 WHARFAGE AND WHARF RENTS— See Harbor Master. ; By whom collected .' 1711 655 WHARF AND DOCK PRIVILEGES— Leases of; powers of City to make 1676 646 WHARF SPACE— See Docks," Wharves and Piers., WHARF RIGHTS— East side Light Street; right of steamboat com­ panies to use of. 3276 1344 WHARVES, BULKHEADS, DOCKS AND PIERS— See Docks, Wharves and Piers'. WHOLESALE PRODUCE MARKET— Legislation relating to 9519 '4539 Hall over- Rental of, to commission brokers 9519 4538 WICOMICO STREET— > Repaying of, by B. & O. R. R. Co 6966 3191 JULY 1, 1P03—JANUARY 1, 1911 347

WIDENING, ETC., STREETS, ETC.— Par. Page See B. & 0. R. R.; Burnt District; Condemnation of Property; Opening, etc., . Streets, etc.; Streets, Highways, etc. Lessee's interest; condemnation of; measure of damages 9772 4667 WIDOWS OP FIREMEN— ' See Pensions. Appropriations for pensions to 6140 2729 WIFE'S PROPERTY— See Consuls; Married Women; Taxation of Prop­ erty. WILKENS AVENUE— Paving of track space on. 8917 4243 8929 4248 8932 4249 Removal of parking in; considerations in­ volved; powers of City 4546 1928 Resume of railway grants relating to 6210 2766 WILKENS AVENUE BRIDGE— See Bridges. Agreement relating to • 6208 2764 Injury due to excessive weight of water cars of U. Rys. & Elec. Co.; remedy of City 6201 2760 Strengthening of, to carry cars of St. Ry. Co. of increased weight; City's obligation to bear cost of work '. 6195 2757 WINDOWS— In outside or main division walls not prohib­ ited 4908 2106 WINDSOR AVENUE— Establishment of grade of 3598 1490 WINDSOR MILLS ROAD— Abutments and tracks of W. M. R. R. Co. at.. 2805 1133 Overhead crossing of W. M. R. R 125 42 130 44 Pavement assessments on ....*.... 609 254 Permit required from Board of Estimates to lay pipe across connecting with New Sanitary System at Walbrook, even though connec­ tion be authorized by Sewerage Commis­ sion 6367 2853 Plumbing permit refused; pollution of stream. 2862 1158 Status of, as highway. 604 252 Width of, at W. M. R. R. track ., 125 42 131 44 WINTERS, VALENTINE— See Jones' Falls. 348 OPINIONS OF THE CITY SOLICITOR

WIRES AND WIRING— Par. Page See Electrical Work and Construction; Permits; Poles and Wires; Trees. Bond Wires. See Electrolysis; Municipal Sub­ ways and Conduits. Overhead Wires and Construction— Agreement relating to shifting of, with gas company. . . : 6866 3126 Prohibited on North Avenue at P., B. & W. R. R. fan house 887 350 Telegraph. See Poles and Wires. Telephone. See Electrolysis; Municipal Sub­ ways and Conduits. Duct space for, in private conduits..... 1953 769 Underground. See Municipal Subways and Con­ duits. Wiring Permits. See Permits. WITHDRAWAL OF BIDS— See Board of Awards; Contracts, sub-title Bids. WIVES OF NON-RESIDENTS— See Insane. WOODEN FRAME BUILDINGS— Enabling ordinance necessary for construction of 8985 4276 WOOD WORKING FACTORIES— Reconstruction of; when permissible; when Building Code, Sec. 41, paragraphs 12, 13, do not apply 7941 3685 WORK— See Contractors; Extra Work; City Work. Extra Work. See Contractors; Extra Work. Under Contract. See Contractors; Contracts; Laborers. Implied Acceptance of. Se« Sewers and Drains. WORKMEN, CITY— "Eight Hour Law" mandatory as to 7449 3448 WYATT AND NOLTING— Plans for storm doors and draperies for new Court House 5310 2285 WYMAN PARK— See Gas and Electric Co. Agreement relating to poles and gas company in 6627 2995 Elevation of railway tracks over road in; con­ tract for; City Charter, Sees. 14, 15, to ap­ ply; but not if work is done by day labor. 4051 1694 4054.1696 JULY 1, 1903—JANUARY 1, 1911 349

Par. Page TORK ROAD— See Poles and Wires; York Turnpike. Injury to railway bed from percolating spring water 7832 3624 Nuisance on, at Pen Lucy Avenue 7084 3251 Pole Tax; right of City to assess; certain poles held exempt; status of street 5800 2546 5818 2554 Status as a City highway 5814 2552 YORK TURNPIKE— See Park Tax. Acquisition by City; discussion of 2848 1153 Cession to City conditionally, held invalid.... 2854 1156 Vfc r

AN INDEX %\V%5*

TO THE

Opinions of the City Solicitor OF BALTIMORE

For the Period from January 4, 1911 to December 31, 1926.

(VOLUMES 17-28)

CHARLES C. WALLACE, ESQ., City Solicitor.

Prepared under the direction of Charles C. Wallace, Esq., City Solicitor.

By HORACE E. FLACK, ESQ., Department of Legislative Reference.

King Bios., Inc., Printers, Baltimore, Md.

NOTE.

This Index to Volumes 17 to 28, inclusive, of the Official Opinions of the City Solicitor is a continuation of the Index issued in 1911, covering opinions of the City Solicitor found in Volumes 1 to 16, inclusive. All of the opinions are in bound volumes in the office of the City Solicitor. The references are to pages which are num­ bered consecutively according to the volumes, viz:

Volumes Pages

17 4716-5005 18 5006-5359 19 5360-5685 20 i 5686-6009 21 6010-6311 22 6312-6652 23 6653-7003 24 7004-7341 25 , 7342-7674 26 7675-8003 27 8004-8301 28 8302-8495

CITY SOLICITORS DURING THE PERIOD COVERED BY THIS INDEX.

EDGAR ALLAN POE, ESQ 1911

SAMUEL S. FIELD, ESQ 1911-1919

ROLAND R. MARCHANT, ESQ...., 1919-1923

PHILIP B. PERLMAN, ESQ 1923-February 1,1926

CHARLES C. WALLACE, ESQ March, 1,1926

Index to Opinions of City Solicitor

JANUARY 1, 1911, TO DECEMBER 31, 1926.

A Vol. Page ABANDONED PROPERTY— At Bay View Asylum 25 7572 ABATEMENTS— See Special Paving Tax; Taxes; Water Rents. Assessment for taxes 24 7256 7258 Procedure as to assessments 26 7770 7777 To contractor for injury to water pipes 20 5728 ABBATTOIRS— See Slaughter Houses. ABUTTING PROPERTY— See Alleys; Paving; Sidewalks; Special Pav­ ing Tax; Underpinning. ACCIDENT INSURANCE— See Fire Department. ACCIDENTS— See Damages; Fire Department; Workmen's Compensation. Breaking plate glass window—City not liable 19 5652 . Care of persons in hospitals 17 4814 City not liable for injuries to laborers 20 5849 City not liable in absence of negligence 19 5652 20 5688 Collision with fire engines 19 5596 Guard rail along Jones Falls 17 4820 ACTS OF ASSEMBLY— Act cannot be nullified by journals 18 5232 Harbor Board—Act providing for developing water front 17 4737 Making appropriations not retroactive 26 7990 Title; deficient 19 5371 5385 Title—Requirements as to 25 7463 7469 7470

*-• 8 OPINIOXS OF THE CITY SOLICITOR

ACTS OF ASSEMBLY—Continued: Vol. Page

ACTS CONSTRUED— 1745, Ch. 9— 22 6346 6401 6411 24 7066 1783, Ch. 20— 21 6270 22 6347 1787, Ch. 23 20 5733 1797, Ch. 54 20 5909 1810, Ch. 103— 22 6407 6436 1812, Ch. 158 21 6270 1812, Ch. 159 27 8164 1813, Ch. 71— 22 6407 6436 1816, Ch. 209— 20 5797 22 6403 1821, Ch. 130 21 6270 1826, Ch. 123 26 7995 1827, Ch. 72 21 6113 1833, Ch. 78— ' 18 5305 20 5772 1842, Ch. 218 27 8190 1843, Ch. 159 20 5733 1843, Ch. 304 17 4994 1849, Ch. 71 19 5407 1849, Ch. 532 22 6587 1852, Ch. 268 22 6372 1853, Ch. 191 21 6113 1853, Ch. 376— 21 6173 22 6479 6533 1856, Ch. 185 , 28 8366 1860, Ch. 7 21 6086 1860, Ch. 274— 19 5540 20 5733 1861, Ch. 471 26 7997 JANUAKY 4, 1911— DECEMBER. 31, 1026 9

Vol. Page ACTS OF ASSEMBLY—Continued: ACTS CONSTRUED— 1862, Ch. 71— 25 7385 7421 1862, Ch. 129— 22 6402 6411 1864, Ch. 69 27 8191 1864, Ch. 389— 19 5540 20 5733 1865 Ch. 32— 18 5207 5210 1865, Ch. 70 26 7997 1867, Ch. 367 21 6087 1868, Ch. 187 21 6108 1868, Ch. 407 18 5226 1868, Ch. 411 19 5361 1868, Ch. 471 25 7634 1870, Ch. 80 22 6333 1870, Ch. 311 18 5226 1870, Ch. 436 21 6108 1872, Ch. 234 26 7996 1872, Ch. 306 20 5970 1872, Ch. 377 '. 18 5227 1874, Ch. 218 18 5296 1874, Ch. 483 19 5586 1876, Ch. 101 22 6424 1876, Ch. 301 21 6108 1878, Ch. 155 26 7997 1880, Ch. 211 19 5375 1882, Ch. 229— 19 5121 561S 20 5785 21 6226 1SS2, Ch. 337 22 6475 1882. Ch. 451 19 5376 18S4, Ch. 184 25 7593 1888, Ch. 9S— 21 6277 22 6362 24' 7080 26 77S9

* 10 OPINIONS OF THE CITY SOLICITOR,

Vol. Page ACTS OF ASSEMBLY—Continued: ACTS CONSTRUED— 1888, Ch. 131— 18 5064 21 6098 1888, Ch. 244 20 5829 1890, Ch. 139 19 5630 1890, Ch. 273 24 7023 1890, Ch. 275 21 6108 1890, Ch. 505 22 6392 1890, Ch. 510— 18 5208 5210 1892, Ch. 138 20 7755 1892, Ch. 200— 18 5121 20 5710 21 6227 1892, Ch. 210 20 5734 1892, Ch. 286 27 8125 1892, Ch. 467 25 7529 1892, Ch. 518— 19 5585 28 8335 1894, Ch. 149 27 8299 1894, Ch. 171— 19 5540 20 5734 24 7330 1894, Ch. 247— 17 4919 20 5914 1896, Ch. 161 26 7949 1896, Ch. 338 20 5901 1S96, Ch. 366— 17 4902 22 6584 1898, Ch. 123— 22 6403 6413 1898, Oh. 412 17 4749 1898, Oh. 458 22 6332 1900, Oh. 15 21 6088 1900, Ch. 229 17 4862 1900, Cli. 313— 23 6807 6816 JANUARY 4, 1911— DECEMBER 31, 1920 11

ACTS OP ASSEMBLY—Continued: Vol. Page ACTS CONSTRUED— 1900, Cli. 704 21 6199 1902, Cli. 16 i . .. 22 6566 1902, Ch. 130 24 7080 1902. Oh. 160. • IS 533S 1902. Ch. 179 25 7371 1902. Ch. 203— : 20 5735 24 7330 1902. Cli. 351 21 6108 1904, Ch. 34— 17 4741 18 5006 20 5892 22 6439 1904, Ch. 226 21 6076 1904. Ch. 244 18 5013 1904. Oh. 274— '. 17 4972 18 5109 5352 19 5563 20 5999 22 6581 26 7755 7791 1904. Ch. 33S 18 5063 1904, Ch. 349— 17 4947 4955 IS 5068 5081 5099 5158 5269 5271 5315 ., 19 5562 5563 21 6103 26 7838 27 8242 1904, Ch. 349, See. 8 17 4726 1904, Oh. 364— 23 6675 25 7344 27 S22S 12 OPINIONS OP THE CITY SOLICITOR

Vol. Page ACTS OF ASSEMBLY—Continued: ACTS CONSTRUED— 1904, Oil. 386 17 4862 1904, Ch. 389 IS 5338 1904, Oh. 584 ' ' 18 5228 1904, C!i. 616— 19 5479 21 6199 1906, Ch. 101 17 4862 1906, Ch. 107— ." 18 5227 5279 1906, Oh. 144— 18 5069 5351 26 7696 7699 1906, Oh. 146.... 17 4963 1906, Oh. 158 26 7790 1906, Ch. 167 26 7950 1906, Ch. 244— 25 7508 7514 26 7811 1906, Ch. 267 21 6104 1906, Ch. 401— 17 4774 4900 4967 4998 18 5050 5145 5211 5262 5297 19 5438 20 5876 5888 21 6065 6161 6162 22 6513 24 7322 1906, Ch. 459 28 8323 1906, Oh. 464 26 7934 1906, Ch. 467% 23 6977 1906, Ch. 471 21 6094 JANUARY 4, 1911—DECEMBER, 31, 1926 13

Vol. Page ACTS OF ASSEMBLY—Continued: ACTS CONSTRUED— 1906, Ch. 565 17 4971 1906, Ch. 566— 17 4912 4930 4935 21 6226 1906, Ch. 798 * 22 6543 1908, Ch. 71 18 5016 1908, Ch. 78— 18 5042 20 6004 27 8222 28 8363 8409 1908, Ch. 85— 18 5032 22 6332 27 8125 1908, Ch. 98— 17 4923 4932 5004 18 5182 19 5646, 1908, Ch. 126— 24 7310' 25 7585- 1908, Ch. 141— 19 5435 5502 20 5735- 24 7331 26 7694 1908, Ch. 148— 17 4872 18 5096 20 5957 1908, Ch. 151— 18 5133 22 6404 1908, Ch. 163— 17 4717 18 5253 28 8472 14 OPINIONS OF THE C.ITV SoUClTOll

ACTS OF ASSEMBLY—Continued: Vol. Page ACTS CONSTRUED— 1908, Ch. 16S— 17 4995 18 5185 21 6054 22 6649 1908, Ch. 170— 18 5087 4 24 7069 1908, Ch. 180 20 5778 1908, Ch. 197 : 20 5961 1908, Ch. 202— 17 4774 4817 ' 4967 18 5031 5050 5135 5145 5297 20 5718 : 5876 ...' 5888 1908, Ch. 214— 19 5478 5570 5654 20 5813 21 6184 22 6575 23 6709 6734 6901 25 7400 7658 7666 1908, Ch. 240 20 5891 1908, Ch. 241 18 5170 1908, Ch. 247— 23 6978 6982 1908, Ch. 286— 18 5281 20 5724 21 6224 24 7081 25 7673 JANUARY 4, 1911—DECEMBER 31, 1926 15

Vol. Page ACTS OF ASSEMBLY—Continued: ACTS CONSTRUED— 1908, Ch. 348 20 5884 1908, Ch. 496 18 5338 1908, Ch. 511 17 4943 1908, Ch. 515— 20 5717 1908, Ch. 582— 21 6189 6309 23 6961 24 7020 7021 26 7787 28 8396 1908, Ch. 583— 17 4781 4815 21 6162 6233 6309 : 23 6961 1908, Ch. 654 24 7332 1910, Ch. 27 17 4866 1910, Ch. 41 17 4975 1910, Ch. 53 20 5891 1910, Ch. 55— 20 5889 5890 1910, Ch. 92— 17 4879 20 5706 ' 5717 1910, Ch. 94— 17 4735 19 5391 5440 22 G332 27 8125 1910, Ch. 109 19 5477 1910, Ch. 110— 17 4867 4876 4887 4965 4979 18 5185 16 OPINIONS OE THE CITY SOLICITOR

Vol. Page ACTS OF ASSEMBLY—Continued: ACTS CONSTRUED— 1910, Ch. 110—Continued. 5270 21 6054 22 6623 6627 1910, Ch. 114— 17 4758 4828 4900 4936 4965 4979 1910, Ch. 116 21 6107 1910, Ch. 180— 19 5550 20 5818 21 6056 23 6808 1910, Ch. 203 : 17 4943 1910, Ch. 207 20 5745 1910, Ch. 271— 17 4961 4963 1910, Ch. 360 17 4943 1910, Ch. 485— 18 5017 5163 5295 19 5415 5460 20 5910 21 6017 6177 23 6976 26 7756 1910, Ch. 512— 18 5082 19 5366 5558 5601 26 7983 1910, Ch. 568 22 6624 1910, Ch. 571 17 4944 1910, Ch. 593 17 . 4902 JANUARY 4, 1911—DECEMBER 31, 1926 17

Vol. Page ACTS OF ASSEMBLY—Continued: ACTS CONSTRUED— 1910, Ch. 630— 17 4856 4921 4937 27 8243 1910, Oh. 642 20 5796 1910, Ch. 704 19 5623 1910, Ch. 736— 17 4897 4908 4972 18 5015 5110 5326 5352 19 5557 5562 5563 ' 5601 21 6179 26 7791 1912, Ch. 23 20 5948 1912, Ch. 24— 20 5766 24 7246 7254 1912, Ch. 27 26 7755 1912, Ch. 28 18 5219 1912, Ch. 32— 18 5103 5111 5123 5134 5184 i 5284 5295 5336 19 5379 5461 20 5742 5749 5851 21 6055 6209 23 6819 18 OPINIONS OF THE CITY SOLICITOR,

Vol. Page ACTS OF ASSEMBLY—Continued: ACTS CONSTRUED— 1912, Ch. 59— 24 7020 7021 1912, Ch. 79. 18 5178 1912, Ch. 117 20 5969 1912, Ch. 148— 18 5351 23 6858 19 5367 1912, Ch. 156 18 5288 1912, Ch. 429— 21 6088 6237 28 8323 1912, Ch. 529 19 5360 1912, Ch. 659— 21 6309 23 6753 6961 26 7790 28 8452 1912, Ch. 688— 18 5212 5297 5314 19 5396 . 5545 5588 5645 5653 20 5701 5768 5930 5942 23 6896 24 7249 25 7561 26 7797 27 8295 28 8450 8469 1912, Ch. 693— 18 5346 19 5488 22 6484 JANUARY 4, 1911—DECEMBER 31, 1926 19

ACTS OP ASSEMBLY—Continued: Vol. Page ACTS CONSTRUED— 1912, Ch. 716 20 5957 1912, Ch. 731— 18 5343 j 19 5371 5385 5549 1912, Ch. 823— 18 5188 5199 19 5558 5560 23 6678 1914, Ch. 37— 21- 6057 24 7324 1P14, Ch. 125— 21 6083 23 6750 1914, Ch. 144 21 6287 1914, Ch. 267— 21 6165 22 6384 24 7160 26 7695 1914, Ch. 371. . 25 7585 1914, Ch. 411 23 6782 1914, Ch. 432 20 6006 1914, Ch. 462 21 6123 1914, Ch. 463 21 6185 1914, Ch. 528— 23 6789 26 7934 1914, Ch. 532— 21 6067 6219 23 6929 26 7746 1914, Ch. 539— 21 6081 6088 23 6917 1914, Ch. 547 '. 20 5961 1914, Ch. 549 21 6107 1914, Ch. 722— 23 6952 26 7971 20 OPINIONS OF THE. CITY SOLICITOR

ACTS OF ASSEMBLY—Continued: Vol. Page ACTS CONSTRUED— • 1914, Ch. 778 22 6328 1914, Ch. 800— 22 6321 ' 6393 1914, Ch. 802— 26 7779 7978 28 8326 1914, Ch. 810— 22 6518 .: 24 7004 25 7415 7429 1914, Ch. 832 21 6181 1914, Ch. 841 20 5945 1914, Ch. 852— 21 6216 6262 22 6325 6439 26 7790 28 8323 1916, Ch. 1 26 7838 1916, Ch. 38 22 6446 1916, Ch. 73— 22 6444 6445 6446 '. 23 6930 1916, Ch. 77 26 7936 1916, Ch. 126 22 6547 1916, Ch. 229 22 6446 1916, Ch. 357 28 8487 1916, Ch. 372— 24 7274 27 8165 1916, Ch. 498— 24 7157 7164 7195 7218 7219 25 7412 7541 7542 26 7739 JANUARY 4, 1911—DECEMBER 31, 1926 21

ACTS OF ASSEMBLY—Continued: Vol. Page ACTS CONSTRUED— 1916, Ch. 529 26 7978 1916, Ch. 561— 24 7197 • 7202 7208 7213 25 7447 7449 1916, Ch. 630 22 6446 1916, Ch. 656 23 6724 1916, Ch. 670— 22 6500 6547 1916, Ch. 687— 22 6492 6590 1916, Ch. 704— 22 6598 26 7800 1918, Ch. 82— 23 6714 6789 6797 6801 6803 6804 6812 6814 6823 6S64 6877 6889 6894 6895 6897 6906 6913 6919 6928 6959 6980 • 6984 24 7014 7026 7035 7036 22 OPIJS'rGNS OF THE C.ITV SoLICITOH

ACTS OP ASSEMBLY—Continued: Vol. Page ACTS CONSTRUED— 1918, Ch. 82—Continued. 7063 7177 7301 25 7352 7393 7469 7518 7523 26 7675 7735 7768 7847 7950 27 8085 8110 28 8383 1918, Ch. 122 26 7711 1918, Ch. 222— 23 6896 24 7250 25 7561 . : 28 8450 1918, Ch. 296— 23 6919 26 7823 1918, Ch. 300 24 7014 1920 Chs. 96 and 97— 24 7148 7154 1920, Ch. 116 24 7331 1920, Oh. 206 24 71S5 1920, Ch. 267 25 7609 1920, Ch. 373— 24 7243 • 25 7409 7411 7463 7469 ". 7499 7559 7580 26 7748 7850 7891 7987 27 8242 JANUARY 4, 1911—DECBMBKK 31, 1926 23

Vol. Page ACTS OF ASSEMBLY—Continued : ACTS CONSTRUED— 1920, Ch. 374— 24 7302 7306 25 7351 7400 26 7675 7716 7748 7851 27 8062 1920, Ch. 431 25 7380 1920, Ch. 480— 24 7274 27 8165 1920, Ch. 504 26 7800 1920, Ch. 512— 24 7H8 7210 1920, Ch. 555 24 7135 1920, Ch. 560— 25 7580 : 7585 26 7826 27 8123 8203 8226 28 8337 1920, Ch. 721— 25 7526

: 27 8020 1920, Ch. 724 26 7941 1922, Ch. 29 . 27 8165 1922, Ch. 323 27 8035 1922, Ch. 379— 25 7590

t 7674 26 7748 7851 1922, Ch. 465 28 8387 1922, Ch. 507 27 8106 1922, Chs. 521 and 522 25 7596A 1922, Ch. 522 26 7761 1924, Ch. 201 27 8065 1924, Ch. 221 26 7952 1924, Ch. 222 27 8242 24- OPINIONS OF THE CITY SOIVICITOI;

Vol. Page ACTS OF ASSEMBLY—Continued: ACTS CONSTRUED— 1924, Ch. 233 — 26 7898 7943 7956 1924, Ch. 279 27 8077 1924, Ch. 316 27 8165 1924, Ch. 357 27 8165 1924, Ch. 411— 27 .8034 8068 S223 1924, Ch. 418— 28 8433 8455 1924, Ch. 436 26 7969 1924, Ch. 448 26 7968 1924, Ch. 537 27 8045 ADMINISTRATOR— Money due deceased person payable to 20 5850 ADVANCES— See Contractors. ADVERTISEMENTS— See Advertising; Sewerage Commission; Tax Sales. Automobile—Not necessary for particular make.. 18 5088 Bids—Times and papers in which to be published. 19 5517 Notice of paving 19 5414 Number of insertions under Sec. 14 of Charter. . 18 5089 Of Liquor License Commission not subject to 25% deduction 17 4836 Transfer of City Stock; when necessary 19 5366 ADVERTISING— See Advertisements; Contracts;. Paving; Zoning. Charter Amendment 25 7615 Contracts by Sewerage Commission 17 4856 Gasoline tanks in case of special ordinance 27 8254 Placed through agency, which later became bank­ rupt; payment to whom— 20 5790 5805 Power to spend money for 23 6930 Requirements are directory, not mandatory 25 7468 Tax Sales—Forms of— 23 6836 • 6837 JANUARY 4, 1911—DECEMBER 31, 1926 25

Vol. Page ADVERTISING—Continued: Twenty-five per cent deduction on bills for— 17 4840 4841 Twenty-five per cent reduction on all newspaper advertising for City— 17 4823 4829 4899 Under Zoning Ordinance 26 7759 Use of city seal in 19 5424 Zoning—Changes in use of property— 27 8105 28 8349 AEROPLANES— Landing fields for; power to provide 23 6930 AFFIDAVIT To payrolls 18 5011 AISQUITH STREET— Widening of; benefits, etc 19 5599 ALICEANNA STREET— Cars standing on—No authority for 24 7133 Use of locomotives on 19 5546 Use of railroad tracks on 20 5771 ALIEN— May be employee of City 20 5768 ALLEN STREET— From Fort Ave. to Water is public street 22 6501 ALLEYS— See Private Streets and Alleys; Streets. Between 1106 and 1108 Harlem: Ave.; use of by City 20 5744 Between Guilford and Holliday—title not in City. . 27 8290 City must accept dedication before becoming public. 17 4815 Closing—conditions 23 6892 Curb—Circles on 17 4770 Dedication—Condition before acceptance of 24 7188 From Ensor St. to Jew Alley—Closing 20 5763 Garbage should be placed in when possible 24 7226 Gasoline Tank—Franchise necessary 20 6002 Ordinance for paving—Construction of 27 8065 Paving—Collection of cost 26 7962 Paving in case of nuisance; cost of 22 6503 Paving—When lien attaches— - 24 7244 7252 7253 26 OPINION'S OF THE ClTT SoLICITOK

Vol. Page ALLEYS—Continued: Private— Abutting owners to pay cost of paving 23 6661 Chain across is nuisance 23 6689 Condition for closing -. 23 6892 Conduits in 22 6368 Conduits may be placed in 22 6598 Dedication may be accepted by constructing sewer ... .21 6189 Liens for paving 23, 6744 Lighting poles 22 6438 Means of accepting dedication of 26 7786 Notice for paving and grading— 20 5860 5S61 Nuisance in 22 6454 Owners not liable for drain 26 7741 Paving 26 7809 Paving and draining 22 6375 Paving at cost of abutters 24 7188 Paving by City; liability 26 7786 Paving; charges made in contract 26 7732 Paving Commission can accept dedication or condemn, etc.— 21 6162 6166 Paving; correcting errors in assessment— 25 7376 7379 Paving; cost of—how collected 17 4776 Paving; error in assessment 23 6899 Paving; notice; subsequent purchaser 22 6461 Paving under Health Department notice 22 6451 Procedure as to paving 21 6304 Refund for paving; policy as to 26 7726 Right to put sewers in; removal at expense of owner 23 6859 Sewers in— 20 5895 22 6431 Vehicles in 18 5202 Roland Park—Paving of 27 8065 South of Tobacco Warehouse; owned by State; City should pave 17 4782 AMBULANCES— See Health. JAN OAKY 4, mil—DEI'KMBKR 31, 1926 27

Vol. Page AMERICAN DISTRICT TELEGRAPH CO.— Franchise necessary for poles, etc 22 6578 , 65S3 Franchise necessary for use of conduits— 28 8461 8462 8465 AMERICAN FEEDING CO.— See Garbage. AMERICAN OIL CO.— Restoration of building destroyed by fire— 28 8382 8389 AMMUNITION— Permit not necessary to carry stock 21 6045 ANATOMY BOARD— See Dead Bodies. ANIMALS— License for exhibition of.. .j 21 6157 ANNAPOLIS ROAD— Ordinance necessary for opening 21 6106 ANNAPOLIS SHORT LINE— Park tax on gross receipts 18 5309 ANNE ARUNDEL COUNTY— Annexation bill; bonded indebtedness 22 6357 ANNEX— See Annex Loan. ANNEX (NEW—1918)— Alleys—Paving of private same as in old City... 24 7188 Anne Arundel County—Assumption of bonded in­ debtedness , 22 6357 Arbitrator—City official may be; compensation... 23 6908 Brick kiln—Claim for exemption 27 8110 Bridges or drain covers over private streets-—City not liable for 26 7923 Building Code applicable to 23 6822 Building near frame structure—Permit for 27 8036 Charter—Not voted on 23 6887 Conduits— Apportionment of costs 26 7733 C. & P. Telephone Co.; charges and rentals— 23 6855 6863 6866 6871 28 OPINIONS OP THE CITY SOLICITOR.

Vol. Page ANNEX (NEW—1918)—Continued: C. & P. Telephone Co. contract with Roland Park Co. and Baltimore Co.— 24 7031 7062 Power of Gas Company to install 26 7949 Construction of Act as to cost of insane, etc., before 1919 23 6780 County Property—not appraised by arbitrators now City property 25 7518 Dogs—Licenses 23 6907 Explosives ordinance applies to 23 6790 Franchises—Charter provisions applicable to 23 6855 Franchises granted by State Road Commission.... 23 6893 Insane—City \iab\e lor those committed to State institution 24 7036 Manufacturers—Exemption— 23 6789 6889 Maryland School for Boys—€ity to pay for boys from 24 7014 Paving—Use of deferred payments from property owners 26 7891 Paving Tax—When applicable 23 6895 Plans for development of 23 6799 Pole licenses 23 6927 Poles— License fees applicable 23 6906 Permits for same as old City 23 6791 Subject to license fees 26 7897 Tax on— 24 7023 7029 Police Magistrates; jurisdiction; term of office, etc. 23 6797 Police Magistrates—Power to act in annexed terri­ tory 23 6814 Property conveyed for school purposes only—City cannot sell 27 8122 Registration in New Annex 23 6779 Road—Repairs—bond for made to County 23 6875 Roland Park Water Co.—Increased rates; con­ ditions, etc.— 23 6993 6996 6998 JANUARY 4, 1911—DECEMBER 31, 1926 29

ANNEX (NEW—1918)—Continued: Vol. Page School Fund—Apportionment of State Fund— 23 6801 6803 6804 6812 School property not included in valuation made by arbitrators; status of 26 7735 School Supplies—Contract with Baltimore County 23 6833 Schools—Children of Anne Arundel County tem­ porarily attending 26 7938 Sewers—Not connected with disposal plant 27 8085 Special Paving Tax applicable to; exceptions 25 7561 Street railway conduits in Eastern Avenue 27 8017 Streets—Dedication of. . .' 23 6959 Tax Rate—Provisions as to 25 7522 Teachers from Anne Arundel County—Pensions... 26 7823 Teachers in Baltimore County pension fund; con­ dition as to joining Baltimore fund 23 6831 Teachers in; eligible to join Retirement Fund... 23 6919 United Railways & Electric Co.—Pavement in track area 26 7847 Valuation of county property, such as schools, etc.; rule to be followed 23 6979 Water—May be supplied to public schools 24 7194 Water Bills—Delinquent; collection of 26 7676 Water Bonds—Place for payment of interest coupons 26 7884 Water Company—Excess receipts from accounts receivable 26 7763 Water Companies— Formation of 23 6897 Liability of City for income tax on interest coupons 26 7903 Payment of bonds and interest 26 7675 Power of Public Improvement Commission to acquire— 24 7301 7306 25 7350 Rents due barred by limitations 28 8383 Sale of property covered by mortgage of 26 7765 Water Mains—Extension for fire protection 25 7393 Water Mains—When may be extended 24 7177 Water Service—Condition as to extension of 23 6928 Water Service—Extension of 23 6984 Water Supply—Extending into; conditions 23 6913 Water Supply—Refusal to furnish until bills are paid 25 7597 30 OPINIONS OF TIIK CITY SOLICITOR

Vol. Page ANNEX (OLD—1888)— Opening streets out of loan funds 17 4972 Property abutting on private right of way not sub­ ject to classification 20 5723 Taxation—Classification of property for— 21 6224 6753 Taxation in 24 7080 Taxation of real property in 25 7526 Taxation—Part of block in new and part in old annex 27 8020 Taxes in—Oily cannot change 18 5281 ANNEX COMMISSION— Grading in excess of $500 19 5601 ANNEX IMPROVEMENT COMMISSION— See Commissioners for Opening Streets. Parking streets 18 5142 Power to open and close streets without ordinance 18 5109 Sidewalks—Not to grade and pave 20 5999 ANNEX LOAN— Culverts and drains proper charge for; exceptions— 19 5557 5562 5563 Drainage in Annex may be provided out of 19 5614 Drainage in new streets; payment out of sewer loan 19 5581 Necessary drainage to be done out of 20 5732 ANNEXATION— Constitutionality of bill without referendum— 22 6362 6366 Effect on representation in Legislature 22 6650 Referendum not necessary— 22 6362 6366 ANTI-SCALPING ORDINANCE— Council may pass 18 5154 APARTMENTS— Requirements as to water closets, etc 18 5083 Removal of ashes from 22 6573 JANUARY 4, 1911—DECEMBER 31, 1926 31

APPEAL TAX COUBT— Vol Page See Assessments; Taxes. Jurisdiction as to charges for sewer connections 19 5395 List of alienations, judgments, etc 19 5544 Minority party to be represented on 20 5923 President—Designation of 26 7719 Records not confidential 27 8047 Right to secure list of stockholders of foreign cor­ porations 25 7609 Salaries of Judges; increase for current year 23 6893 APPEALS— See Assessments; State Tax Commission; Tax­ ation; Zoning. From decisions of Sewerage Commission 17 4986 From order overruling motion for removal 20 5968 APPLE ALLEY— See Jew Alley. APPLE OR JEW ALLEY— Closing of 20 5763 APPOINTMENTS— See City Service. Minority Representation. . 28 8342 Recess—Status of 24 7019 APPROPRIATIONS— See Bay View; Ordinance of Estimates. Bar Library Association 17 4943 Children's Playground Association 17 4943 Contingent Fund—For .floats in Municipal Parade 20 5974 Home for Colored Children—Not to be paid unless approved by Supervisors of Charities 19 5474 Hampden Woodberry Neighborhood House 17 4944 Legislative Acts are not retroactive 26 7990 Maryland Institute 17 4942 Maryland School for Boys— 17 4961 4963 Merging three items into one 18 5187 Municipal Games 17 4944 Not in Ordinance of Estimates, when valid 18 5164 Public Athletic League 17 4943 Safe and Sane Fourth of July Celebration—Illegal 17 4811 Unexpended balances 21 6058 Veteran Volunteer Firemen's Association 17 4943 APPROVAL— Of satisfactory work even if overpaid 20 5S44 ARBITRATORS— See Annex. In re condemned building 22 6388 32 OPINIONS OF THE CITY SOLICITOK

ARCHITECTS— Vol. Page See Architectural Commission; Public Im­ provement Commission. Public Improvement Commission—Conditions as to selection by 26 7710 ARCHITECTURAL COMMISSION— Plans for City buildings—May use again 18 5065 ARCHITECTURAL FEES— Claim barred by limitations 24 7124 AREAWAY— Board of Estimates cannot grant 18 5023 Covered; Mt. Vernon Place 18 5284 Minor privilege; franchise 20 5953 Open areaway prohibited except as entrance to residence 24 7030 ARMY OFFICERS— Personal property not exempt from taxation 28 8478 ART COMMISSION— Control over site, etc., for statutes, etc 18 5112 Jurisdiction over decorative arch of Armory 25 7616 Powers of 17 4976 ASHES— Removal from apartment houses 22 6573 Removal from office buildings, etc 19 5451 ASSESSMENTS— See Benefit Assessments; Special Assessments; Taxes. Abatement not allowed for destruction of property after Oct. 1 each year— 24 7256 7258 Abatement—Procedure— 26 7770 7777 Appeals; ordinance requiring payment of taxes before 20 5752 Liability of owner for taxes on transfer of prop­ erty; abatement 19 5388 Made as of Oct. 1 23 6898 ASSESSORS— See Real Estate Experts. ASSIGNEES— See Contractors. ASSIGNMENTS— In re contracts 18 5162 ATTACHMENT— Does not lie against salary of City employee 26 7896 ATTENDANCE OFFICERS— See Schools. JANUARY 4, 11)11—DKCKMBKH 31, 1926 33 Vol. Page ATTORNEY— Power of; does not authorize payment of interest on City stock 23 6654 AUCTIONEERS— Quarterly reports by 20 5989 Sales—Requirement as to 25 7519 AUDITOR— Compensation exempt from income tax 26 7718 AUTO BUS COMPANY— Jitney ordinance not applicable to 21 6192 AUTOMATIC SPRINKLER COMPANY— Material furnished contractor; no obligation of City 18 5340 AUTOMOBILE TRUCK— Purchase without competitive bidding '... 19 5413 AUTOMOBILES— See Licenses; Motor Vehicles. City cars exempt from licenses; exceptions 17 5005 Not necessary to advertise' for particular make..... 18 5088 Park cars are subject to license 17 5005 Proposed ordinance to license 18 5301 Water charge suggested for 17 4983 AWARD— See Contracts. AWNING POLES— See Contractors. Removal on notice from Sewerage Commission. ... 19 5591 AWNINGS— See Minor Privileges.

B BACON— See Licenses; Markets. BADGE— Of Health Department. 25 7546 BAGBY'S CODE— See Public General Laws. BAILIFFS— Increase in salaries— 24 7148 7154 BALLAST— Under tracks of United Railways—Agreements as to 20 5886 BALTIMORE FEED & SEED CO.— See Port Development Commission. 34 OPINIONS OF TIIK CITY SOLICITOR

BALTIMORE FEED, GRAIN & STORAGE CO.— Vol. Page See Port Development Commission. BALTIMORE & OHIO RAILROAD CO.— See Grade Crossings. Assessment for tax purposes 26 7731 Bridge over Barclay Street 26 7979 Bridge over Hamburg Street 17 4855 Cost of changes in arch tunnel on account of Pipe Line—• 17 4718 4723 Demurrage claim disallowed 17 4799 Drains at Lee St. bridge; City to pay for 20 5727 Exemption from taxation—Claim as to 26 7993 Exemption from taxation not involved in case before Public Service Commission '. 19 5473 Franchise charge for tracks across Fort Ave 25 7564 Franchise forfeited if not exercised within 6 months 17 4750 Grade Crossing Ordinance—Closing of streets under 18 5123 Grade Crossings— Damages 17 4757 In South Batlimore— 17 4847 4848 4S54 4S55 Relocation of sewers, etc 17 4866 To pay City inspector 20 5954 Gross receipts tax 26 7997 Henrietta Street—Title to bed of— 19 5521 5526 Inspection of sewer work under tracks 21 6085 Lee Street Bridge—Cost of removing sewer 19 5504 Pipes under tracks; City to pay inspection charges 22 6460 Poles and overhead wires not impliedly authorized to erect 17 4750 Sewer constructed by 19 5655 Tracks— On Fort Ave. and Lawrence Street; paving between 20 5743 On Pratt Street—Removal of obstruction 23 6839 On Pratt Street, west of Stable alley 17 4827 On President Street; relocation, etc 22 6394 Across Ridgely Street— 17 4731 4732 JANUARY 4, 1911 — DECKMBKK 31, 1926 35

Vol. Page BALTIMORE & OHIO RAILROAD CO.—Continued: Water mains and tracks in Stockholm and Russell Streets 24 7128. Water mains and tracks; priority of public street or tracks 23 6920 BALTIMORE & PHILADELPHIA STEAMBOAT CO.— Wharf—Controversy with Starr M. P. Church 26 7862 BALTIMORE & POTOMAC RAILROAD CO.— Tunnel—Inspection fees in re repairing 22 6333 BALTIMORE BELT RAILROAD CO Damages in re widening of Belair Road— 19 5626 5627 5643 Obligation to cover open cuts..., 18 5105. BALTIMORE CITY— Form of government— 18 5348 19 5498 BALTIMORE COUNTY— See Sewers; Water. City property exempt from taxation 21 6072 Sewers—Right to tap outfall sewer— 17 4923 4932 20 5977 Water—City not to furnish to water companies... 20 5813. Water—Obligation of City to furnish, when 22 6574 BALTIMORE STREET— United Railways—Paving between tracks 20 5754 BANKRUPT CREDITOR— To whom payment should be made— 20 5790 5805 BANKRUPTCY— See Tax Judgments. Of contractor—Procedure, etc 23 6692 BANKRUPTS— Taxes assessed against..- 26 7871 Taxes on estates 26 7804 Taxes, with interest, etc., prior lien 26 8002 BANKS— See Corporations; Taxation. BAR LIBRARY ASSOCIATION— See Appropriations. BAR LIBRARY— Appropriation Acts are not retroactive 26 7990 36 OPINIONS OF TIIK CITY SOLICITOR

BARBERS— Vol. Page Law licensing, etc 21 6076 BARCLAY STREET— Public street except small part 20 5756 BARGE— Sunk in harbor—Notice for removal 23 6969 BARRE STREET— Closing of; procedure 18 5123 BASEBALL— See Licenses. BATH TUB— Power of Health Commissioner to order installed.. 25 7450 Requirements for installing 19 5160 BAT VIEW ASYLUM— See Supervisors of City Charities. Burial of unclaimed bodies of persons who die in— ..'. 17 4803, 4804 4832 21 6202 Change of name by ordinance or resolution— 18 5183 5184 26 7959 Drink cup law not applicable to 18 5288 Electrician—Appointment and qualification of— 25 7507 7513 How name may be changed 26 7959 Inmate detained as insane; habeas corpus 17 4831 Insane in—State not required to care for 25 7573 Land acquired for—Title to 21 6258 Paupers dying at—Burial of 21 6202 Power house and Machinery; use of appropriation in connection with Hospital 17 4790 Repairs to under supervision of Inspector of Buildings 24 7338 Repairs—Inspector of Buildings to make 25 7343 Superintendent—Appointment of 25 7504 BEER PUMPS— Connection with sewers 18 5287 BEGGARS— Should be committed to House of Correction or Almshouse 20 5922 BELAIR MARKET— Abutting Owners—Access blocked by stalls on market days 24 7041 7047 JANUARY 4, 1911—DECEMBER 31, 1926 37

BELAIB BOAD— Vol. Page See Baltimore Belt Railroad Co. Ordinance for opening; slight defect does not in­ validate 17 4793 BELNOBD THEATRE— Ordinance for 23 6S80 BELT LINE BAILEOAD— See Municipal Harbor Belt Railway. BENEFIT ASSESSMENTS— See Damages; Palls way; Park Board; Special Assessments; Streets. Against lot—Later divided; lien against all 23 6741 Aisquith Street 19 5599 Authorized by Charter 22 6649 Damages awarded may be applied toward payment 21 6208 Delay in collecting 27 S236 Enlarging benefit area before final action in fixing damages and benefits 20 5694 History of 20 5909 Law and method relating to 18 5184 Law as to assessing in opening streets 18 5336 Lien against entire area and not partitioned lots— 27 8250 8260 Outside City limits 22 6646 Proceedings before State Tax Commission cannot affect 21 6144 Sale of property for failure to pay 28 8346 State Property—Assessments against 22 6424 To equal expense of opening street 21 6083 BENEFITS— See Benefit Assessments; Streets; Streets- Opening. Assessments are liens 23 6957 Assessments in opening streets 19 5479 Basis for assessing 23 6935 Not to exceed damages \ 24 7266 Sale of property for— 23 6854 6857 BIDDEBS— See Bids; Contractors. Contractor failing to keep specifications may be declared irresponsible bidder 20 5963 Entitled to same specifications 18 5153 Lowest bidder may be rejected 19 5489 When bound even if signatures are not at end of bid 17 4767 38 O'lMNIOXS OF THE ClTY SOLICITOR

BIDS— Vol. Page See Bidders; Purchases; Specifications. Advertisement—Times and papers 19 5517 Certified check of $250 instead of $500; effect of.. 20 5C96 Construction where difference exists between amount in figures and in writing 17 4768 Corporation; proper signature 17 4783 Correction of 17 4813 Error in does not invalidate 18 5095 Failure to sign; effect of if name of firm author­ ized to be inserted 19 5534 Lowest bid may be rejected 19 5489 Mistakes or errors—Correcting 19 5441 Omission of item; effect of 20 5695 On coal rejected; specifications to be changed and readvertised 20 5687 Rejection for failure to submit samples 21 6102 Requirements as to name, address, etc 27 8289 Specifications should not be varied 17 4792 To be rejected if not in conformity with specifica­ tions 17 4792 Where contractor specifies time for doing work; unsatisfactory method 20 5895 Withdrawal of 18 5252 BILL OF PARTICULARS— Memorandum as to 21 6150 BILLBOARDS— See Zoning. Power of City to tax— 26 7687 7720 Power to regulate; Chicago ordinance and decision 22 6613 Proposed ordinance to license and regulate 19 5365 Right to have on private property; requirements. . 18 5181 BILL POSTERS— See Billboards. BILLIARD TABLES— License necessary for in West Park Recreation Centre 17 4850 BILLS— Form of footway bills 23 6691 BIRTH CERTIFICATES— See Health. Corrections in 25 7547 Transcript under requirement of State law 21 6230 BIRTHS— Law as to recording 25 7587 Registry of; examination 26 7727 Report, of; penalties for failure 20 5699 JANUARY 4, 1911— DECKMBKI; 31, 19^(5 39

BLOW-OFF— ' Vol. Page See Sewers. BOARD OF AWARDS— See Bids; Contracts. BOARD OF ESTIMATES— See Franchises; Minor Privileges; Ordinance of Estimates. Authority to grant minor privilege permits 23 6655 Can only grant rights of temporary nature in streets— 22 6643 6647 Duty as to signing franchise ordinances, etc 17 4914 Franchises—Power to revoke, etc.— 20 5932 5943 Gasoline tanks; no control over building permit.. 28 8488 Include in Ordinance of Estimates amounts pre­ viously provided by law or ordinance 17 4976 Minor privileges—Authority as to 20 5932 Minor privileges and franchises—Control over— 23 6992 24 7126 7131 Newspaper stands—Permits for— 21 6026 6031 Ordinance cannot take away power over minor privileges 23 6992 Police Board—Control over appropriations for ex­ penses not fixed by law— 21 6078 6086 Porch—Permit to extend beyond building line.... 25 7625 Power to sell property acquired for non-payment of taxes 18 5134 Report on Public Improvement Ordinances 17 4976 Salaries—Power to fix 27 8144 Sidewalks—Authority to charge for use— 20 5932 5943 BOARD OF FIRE COMMISSIONERS— See Fire Department. BOARD OF PUBLIC IMPROVEMENTS— Powers and duties 27 8099 BOARDING HOUSES— See Rooming Houses. BOARDS— Minority representation 28 8342 40 OPINIONS OF THE CITY SOLICITOR

Vol. Page BOAT CLUBS— See Harbor. At Fort McHenry 21 6175 BOATS— See Harbor. BOILER— Part of building 22 6531 B0-L1TV SQUARE— See Parks. BOND STREET— Use of locomotives on 19 5546 BONDS— See City Stock; Contractors; Contracts. Bonding company not released if payments do not exceed schedule agreed upon 20 58S2 City Register—Renewal of bond 17 4797 Comptroller may sign in place of Mayor in con­ nection with contracts 18 5308 Contract—Deviation from, to have consent of surety 18 5014 Contractors—Provisions of Charter, Section 15, mandatory 17 4717 Defalcation of employee covered by; prosecution of defaulter not necessary 22 6349 Employees—City may pay premiums 17 4920 Foreign Surety Companies may give 17 4783 List of officers and employees required to give.:.. 23 6963 Municipal employees 22 6631 Municipal officials must pay premiums on 17 4920 'Of employees; City may pay premiums 17 4980 Of municipal officials— 20 5776 28 8319 8320 8361 8390 Officers and Employees—When City to pay pre­ miums 23 6963 Officials to pay premiums 18 5343 Ordinance suggested for paying premiums by em­ ployees 17 4983 Surety or personal bond may be given in case of contracts 24 7237 "Water and sewer under order of State Board of Health " 24 7007 BONUS— See Contracts. For completing work before time set in contract.. 20 5897 " JANUARY 4, 1911—DECEMBER 31, 1926 41

BOOKS— Vol. Page See Schools. BOSTON STREET— Public highway with fee in Canton Co 21 6264 BOUNDARY LINE— Southern Boundary not changed since 1816 20 5797 BOW WINDOWS— See Minor Privileges. Restrictions as to in Burnt District 19 5419 BOWLING ALLEY— Assent of property owners 19 5390 BOYS— See National Junior Republic. BREAD— See Licenses. BRICK KILNS— Claim for exemption as personal property used in manufacturing 27 8110 BRIDGES— See Condemnation; Public Improvement Com­ mission. Baltimore & Ohio over Barclay Street 26 7979 Baltimore Belt Railroad Co. over Belair Road, who pay for— 19 5626 5627 5643 Bentalou Street—City to build 19 5417 Cedar Avenue—Maintenance of 23 6900 Charles Street at Union Station— to keep in repair 20 5839 City cannot condemn public bridge 19 5654 Drainage under Pennsylvania Railroad—Cost of.. 21 6056 Edmondson Avenue—Stringers under railway tracks— 23 6852 6865 Frederick Road over Pennsylvania Railroad is public bridge— 20 5782 5798 5803 5807 Hanover Street—Franchise over— 22 6384 6392 Jones Falls—Right of Mt. Vernon Woodberry Mills Co 22 6369 42 OPINIONS OF THE CITY SOLICITOR

BRIDGES—Continued: Vol. Page Northern Central Railway Co.—Paving of, etc 22 6587 On private streets—Repair of 26 7714 Railroad to move abutments 22 6636 Repairing out of Public Improvement Commission funds 24 7242 Sidewalks at approaches; cleaning of 19 5464 BRIDGEWAY— Ordinance invalid when it interferes with abutting owner 24 7340 BROADWAY & LOCUST POINT FERRY— Franchise of Company 21 6108 Taxes on shares of Company are preferred claim.. 21 6147 BROADWAY MARKET— Cooking in—Special ordinance for 24 7089 BUDGET— See Appropriations; Ordinance of Estimates. BUDGET (STATE) — Appropriation of receipts from Motor Vehicle De­ partment 26 7760 BUGGIES— See Licenses. BUILDERS— Use of street for materials, etc 18 5200 BUILDING AND LOAN ASSOCIATIONS— Loans on notes taxable 27 8035 BUILDING CODE— See Buildings. Aanex (New)—Applicable to '. 23 6822 Bay window, etc.; special ordinance necessary when prohibited by Building Code 23 6943 Building material in streets 18 5171 Change of grade of occupancy 17 5001 Division Wall—Obstructions beyond 21 6282 Excavation; responsibility of adjoining property in case of— 18 5353 5357 Filtration Plant—Not necessary to follow Building Code 21 6148 Fire Gongs—Not required in Home for Working Girls....? 20 5778 Party wall or line—Obstructions beyond 21 6282 Permit for building near frame structure 27 8036 Permits legally given not revocable 23 6806 Porches—When special ordinance necessary for... 23 6944 Sections Construed— Sec. 2, Par. 4 28 8476 JANUARY 4, 1911—DECEMBER 31. 1920 43

Vol. Page BUILDING CODE—Continued: Sections Construed— Sec. 3, Par. 5 28 8430 Sec. 5, Par. 9 25 7625 Sec. 5, Par. 10 17 4777 Sec. 6, Par. 5— 23 6955 6957 Sec. 6, Par. 6 27 8055 Sec. 6, Par. 14. 17 5001 . Sec. 6, Par. 15 28 8430 Sec. 6, Par. 17 ' 27 8055 Sec. 6, Par. 23 25 7426 Sec. 6, Pars. 25 and 35 28 8430 Sec. 7, Par. 3 18 5299 Sec. 8, Par. 1 28 8430 Sec. 14, Par. 53 25 7426 Sec. 15, Par. 9 23 6943 Sec. 16, Pars. 6, 7— ' 18 5201 .• 25 7669 Sec. 16, Pars. 10, 12, 13. 14 17 4780 Sec. 16, Pars. 11, 12 " 17 4786 Sec. 16, Pars. 11-14 > 17 4795 Sec. 16, Par, 14 28 8430 Sec. 16, Par. 19 27 8068 Sec. 16, Par. 22 21 6126 Sec. 16, Pars. 23, 24 23 6703 Sec. 20, Par. 8— 18 5353 5357 Sec. 20, Pars. 8-12 17 4780 Sec. 20, Pars. 8, 13 17 4814 Sec. 20, Par. 13— 18 5353 5357 Sec. 29, Par. 1 28 8477 Sec. 30, Par. 15 17 5001 Sec. 30, Par. 20 17 5001 Sec. 40, Pars. 1-8 . . .' 20 5904 Sec. 43 22 6358 Sec. 43, Par. 96: 20 5894 Sec. 43, Pars. 102-104 IS 505S Sec. 43, Pars. 108, 111, 115 18 505S Sec. 43, Pars. 120, 121, 125, 126 18 5058 ' Sec. 44, Par. 4 28 8430 Sec. 45, Par. 1 IS 5083 44 OPINIONS OF THE CITY SOLICITOR

Vol. Page BUILDING CODE—Continued: Sections Construed— Sec. 45, Pars. 47, 48 18 5083 Sees. 45 and 46— 17 4744 4753 Sec. 45, Par. 64 2S 8430 Sec. 47, Par. 8— • 24 7035 25 7599A Sec. 47, Pars. 8-11 28 8389 Sec. 47, Par. 12— 22 6350 25 7346 7600 Sec. 47, Pars. 12, 13— 20 5689 23 6912 25 7545 Sec. 47, Par. 13 20 5961 Sec. 48, Pars. 26, 27, 29 20 5994 Sec. 48, Par. 46 20 5708 Sec. 48, Pars. 53-56— 22 6377 6379 Sec. 48, Par. 58— 19 5455 5492 Sec. 50— 18 5013 28 8430 Sec. 54, Pars. 10-13 18 5181 Sec. 54, Par. 11 28 8302 Sec. 54, Par. 12 23 6749 Sec. 54, Pars. 12 and 13— 25 7426 ' 27 8241 Sec. 56, Par. 4 27 8202 Sec. 57, Par. 3 19 5460 Sec. 57, Pars. 21, 26 18 5058 Sec. 58 20 5778 Sec. 58, Par. 8 28 8430 Sec. 74 21 6282 Sec. 102 21 6282 Theatres—Provisions relating to apply to all the­ atres 20 5894 Toilets—Order for installation 20 5939 JANUARY i, 1011—DECEMBER 31, 1926 45

Vol. Page BUILDING CODE—Continued: Sections Construed— Trolley Wires—City could not require owners of buildings to permit anchoring of 22 6517 Tunnel—Permit for work on 22 6381 BUILDING LINE— North Ave. between Charles and Oak Sts.— 28 8422 8423 BUILDING MATERIALS— Commissioners for Opening Streets to sell at auc­ tion, when 17 4775 Storage of building material in streets of— 25 7669 7671 BUILDING RESTRICTIONS— See Building Code; Buildings; Zoning. Solid row construction—Law prohibiting unconsti­ tutional— 22 6484 23 6881 BUILDINGS— See Building Code; Garages; Permits; Under­ pinning. Act of Legislature restricting kind 19 5488 Act of 1912, Ch. 693, prohibiting solid row houses , in a section of the City 18 5346 Authority of Inspector to make safe 23 6703 Change in grade of occupancy— 25 7601 28 8463 Change of use; advertising 28 8349 Chicken house 28 8302 City buildings have same protection of Building Code as other buildings 17 4822 Condemnation of foundation walls; arbitrator, etc. 22 6388 Dalrynyple Avenue—Permits cannot be revoked as Act of 1912 not retroactive; validity of Act questioned 18 5346 Electrical Work—Permits 26 7811 Encroachment on street; removal of 22 6468 Fees—Refund where building not erected 23 6679 Garages—Addition to 23 6882 Height of—Right to limit 17 4735 Legislation restricting; Act of 1912 invalid 22 6484 Limited location of 22 6350 Near frame structure 27 8036 46 OPINIONS OP THE CITY SOLICITOR

BUILDINGS—Continued: Vol. Page Permits— By ordinance not availed of, purchaser must secure new ordinance 23 6765 Cannot be issued until benefit assessments are paid 23 6955 Cannot be refused for depreciation.to other prop­ erty 25 7444 For buildings on proposed streets cannot be de- • nied— 17 4760 4763 For in bed of proposed street; rights of owner. . 23 6764 Modification of 28 8444 Not contingent on permit for gasoline tank... 28 8488 Not revocable when lawfully issued 23 6806 On rrivate street 17 4733 Posting applications for 28 8444 Time limit 28 8444 Prohibited—Building for refining oil, etc 24 7035 Prohibited class 25 7599A Rebuilding; permit necessary, but zoning ordi­ nance does not apply— 28 8382 8389 Refining petroleum, etc., prohibited 24 7035 Repairs—Permit necessary 23 6688 Restricted as to location 25 7600 Restrictions— As to 22 6484 As to certain classes 25 7599A As to kind, etc., must be based on safety, health, etc., and not on aesthetic considerations.... 19 5483 Roof—Walls to extend through— 28 8475 8476 Soap factory—Requirements for erecting and using— 20 5688 5690 Solid row—Cannot be refused permit " 25 7444 Solid row construction prohibited 19 5488 Solid row houses—Act prohibiting 18 5346 Solid row houses—Law prohibiting invalid 23 6881 Special ordinances; effect on zoning ordinance... 28 8448 'Tank and boiler part of 22 6531 'Trolley wires—Anchoring 22 6517 Underpinning by City Engineer; method of pro­ cedure, etc . 17 4780 JANUAKY 4, 1911—DECEMBER 31, 1926 47

Vol. Page BUILDINGS—Continued: Use of contrary to permit; remedy 22 6441 Walls to extend through roof— 28 8475 8476 BULKHEAD LINES— See Harbor. Lines fixed by ordinance 22 6370 BULKHEADS— See Harbor. Agreement with Mexican Petroleum Co. as to dumping 26 7860 Liability of City where protective precautions are wanting 27 8012 On Harris Creek 22' 6342 Ordinance necessary for 22 6542 Power of City.to authorize 25 7435 BUREAU OF BUILDINGS— Change of title by ordinance ineffective 28 8454 BUREAU OF CHILD WELFARE— Distribution of publications by nurses ; 26 7727 BUREAU OF LIENS— See Liens. Proposal to establish; Act of Legislature 18 5285 BUREAU OF PLANS AND SURVEYS— Powers relating to house numbers and street names 28 8433. BUREAU OF STATISTICS AND INFORMATION— See Labor Bureau. BURIAL CERTIFICATES— Requirements as to — 23 6974 BURNT DISTRICT- BOW windows in; restriction as to 19 5419 Covered areaways 18 5284 BURNT DISTRICT COMMISSION— Reference to Act creating 17 4873 BURNT DISTRICT LOAN— Use of balance— 23 6978 6982

C CABLES— See Conduits. CALVERT ESTATE- NO information relative to 17 4836 CALVERTON ROAD— Railway tracks on 17 4823 48 OPINIONS OF THE CITY SCXLICITOK

CANDLE FACTORY— Vol. Page Requirements for erection and use of building— 20 5688 5690 CANTON COMPANY— Sewer in private alley of Company; removal at ex­ pense of Company 23 6859 CAPITAL PUNISHMENT— See Maryland Penitentiary. CARNEGIE FUND— See Enoch Pratt Free Library. CAROUSEL— See Merry-go-round. CARS— On Aliceanna Street 18 5305 CASES—CIVIL AND CRIMINAL— When may be removed 17 4734 CATTLE— Driving through City; purposes for which 20 5740 CECIL AVENUE— Private street 17 4733 CEDAR AVENUE— Ordinance necessary to close 17 4830 Title to bed in City 17 4830 CEDAR AVENUE BRIDGE— Maintenance of 23 6900 CELLAR— Flooding of; contractor liable— 20 5780 21 6034 "Water in—Duty of owner to remedy— 24 7044 7045 CELLAR DRAINERS— See Sewers. Automatic drainers—Ordinance necessary to com­ pel 20 5870 Cannot be connected with sanitary sewers— 17 4863 18 5287 City must provide connection for 20 5866 Connection with sewer at building line 21 GOd Could be prohibited by ordinance 21 6154 CELLARWAYS— Obstruction to sidewalk ; liability of City 25 7387 CEMENT— Mixing on pavements 22 6529 Specifications ; objections 26 7689 JANUARY- i, 1911— DECEMBER 31, 1926 49

CEMETERY— Vol. Page Cannot be condemned for street 19 5407 5409 Company owning may deed property for street with consent of owners of burial lots affected 19 5408 5409 Condemnation for public purposes 21 6270 Opening street through; limitations 22 6581 CENSORS— See Moving Pictures. CENTRAL PAYROLL BUREAU— Checks—Form of 28 8303 Establishment of—Method 26 7812 CENTRE MARKET— See Markets. Wholesale Fish Market—Retailing unlawful 21 6187 CENTRE STREET— Closing of 20 5764 CERTIFICATES— See Liens. Showing water rent paid, though unpaid; effect. 20 5814 CERTIFICATES OF DEPOSIT— Not taxable 28 8415 CERTIFICATES OF CITY STOCK— See City Stock. CHARITABLE INSTITUTIONS— See Water Rents. CHARITIES— See Supervisors of City Charities. CHARLES STREET— Building line in 300 block 23 6662 Resetting curb north of Fayette Street 18 5114 Set-back line— 28 8312 8418 CHARLES STREET BRIDGE— See Bridges. CHARTER AND MISCELLANEOUS LOCAL LAWS— Amendment—Advertisement of 25 7615 Cannot affect Act of Legislature 20 5903 Cannot be amended by simple ordinance 28 8454 Department of Public Works—Ordinance in legal form 28 8400 Home Rule—Not legally adopted— 23 6887 6933 Home Rule—Legally adopted • 23 6954 Present Charter satisfactory— 18 5311 19 5392 50 OIPINIOJTS OF THE CITY SouciTcm

CHARTER AND MISCELLANEOUS LOCAL LAWS—Continued: SECTIONS CONSTRUED— Sec. 1— Vol. Page 18 5278 " 22 6586 26 7675 Sec. 2— IS 5278 22 6416 6515 6526 6544 Sec. 4— 27 8020 8209 Sec. 6— 17 4741 : 4800 4870 18 5107 5121 -. 19 5538 21 6244 25 7614 7625 26 7836 7839 7930 , 28 8455 Sec. 6, Sub-sec. 1— 17 4761 4763 18 5284 20 5954 21 6026 6199 6269 28 8430 8433 Sec. 6 Sub-sec. 4— 22 6649 26 7675 28 8316 Sec. 6, Sub-sec. 5— 19 5361 25 7566 Sec. 6, Sub-sec. 7 22 6336 JANUARY 4, 1!) 11—DECEMBKK. 31, 1!)2G 51

CHARTER AND MISCELLANEOUS LOCAL LAWS—Continued: SECTIONS CONSTRUED— Sec. 6, Sub-sec. 8— Vol. Page 21 6278 22 6330 6346 6347 6370 6413 6544 25 7409 7411 7435 26 7768 7831 28 8329 Sec. 6, Sub-sec. 9— 24 • 7169 27 8168 Sec. 6, Sub-sec. 11 26 7978 Sec. 6, Sub-sec. 14— 26 7688 7720 Sec. 6, Sub-sec. 16— 18 5143 25 7375 Sec. 6, Sub-sec. IS— 20 5978 21 6087 24 7150 26 7720 27 8169 Sec. 6, Sub-sec. 21 20 5736 Sec. 6, Sub-sec. 22— 18 5227 5279 27 8050 Sec. 6, Sub-sec. 23— 17 4955 18 5069 5351 26 7696 7699 Sec. 6, Sub-sec. 25 26 7751 Sec. 6, Sub-sec. 26— 18 5025 5336 '. 19 5480 52 OPINIONS OF THE CITY SOLICITOR

CHARTER AND MISCELLANEOUS LOCAL LAWS—Continued: SECTIONS CONSTRUED— Vol. Page 20 5910 5978 24 7093 7097 Sec. 6, Sub-sec. 26 (c) 18 5296 Sec. 6, Sub-sec. 26 (F) 27 8039 Sec. 6, Sub-sec. 26 (G)— 21 6193 27 8231 Sec. 6, Sub-sec. 26 (J)— 18 5284 19 5494 Sec. 6, Sub-sec. 26 (K)— 18 5141 19 5494 Sec. 6, Sub-sec. 26 (L) 20 5962 Sec. 6, Sub-sec. 26 (M) 26 7949 Sec. 6, Sub-sec. 27— 18 5006 21 6216 6262 Sec. 6, Sub-sec. 28— 19 5510 27 8270 Sec. 6, Sub-sec. 28 (D) 26 7744 Sec. 6, Sub-sec. 30 25 7352 Sec. 6, Sub-sec. 30 (M) 23 6851 Sec. 6, Sub-sec. 31— '. 17 4956 19 5503 20 5978 27 8169 Sec. 6A 28 8,°,17 Sec. 6B 17 4944 Sec. 7— 22 6343 6403 6413 6515 6526 6544 6583 6595 24 7068 Sees. 7-11 21 6206 JANUARY 4, 1911—DECEMBER 31, 1926 !K

CHARTER AND MISCELLANEOUS LOCAL LAWS—Continued: SECTIONS CONSTRUED— Vol. Page Sees. 7-12— 17 4931 4935 Sec. 8— 18 5023 18 5107 20 5954 - ..; 22 6404 G487 6515 6526 6544 6643 24 7030 7067 Sees. 8-11— '. 18 5307 28 S462 Sec. 9— 17 4910 4912 4930 4935 18 5239 : 21 6026 22 6643 28 8439 Sec. 10 21 6026 Sees. 10-12 28 8440 Sec. 13— IS 5134 5295 20 5742 22 6433 6586 24 7110 7113 , 26 7708 7965 7987 27 8209 8257 ....' 28 8356 Sec. 14— 17 4716 18 5089 54 O'iMSJONs oi? TII.K CITY SOT-ICITOK

CHARTER AND MISCELLANEOUS LOCAL LAWS—Continued: SECTIONS CONSTRUED— Sec. 14—Continued. Vol. Page 19 5409 5412 20 5840 21 6047 6087 6237 24 7064 7150 25 7660 26 7745 Sees. 14, 15— 18 5052 5054 50S8 5147 . . : 5148 5176 5217 22 6650 23 6833 6973 24 7143 7271 26 7911 Sec. 15— 17 4717 18 5253 20 5696 21 6046 22 6336 24 7237 25 7451 26 7701 28 8472 Sec. 20A— 17 4826 18 5130 530S 24 7237 Sec. 22 21 6047 Sec. 23 28 8491 Sec. 25— 18 5268 19 5363 20 5943 JANUARY 4, 1911—DECEMBER 31, 1926 55

CHARTER AND MISCELLANEOUS LOCAL LAWS—Continued: SECTIONS CONSTRUED— "Vol. Page 5945 24 7016 7019 26 7679 28 8342 Sec. 26— IS 5268 19 5520 21 6300 23 690S 24 7319 25 7438 7452 7650 7653 7657 7666 26 7682 7888 28 S321 Sec. 28 17 4857 Sec. 30— 19 5498 .' 20 5923 28 8342 Sec. 31— 17 4920 18 5268 21 6087 6217 6262 27 8019 8051 8198 28 8305 8321 8361 8391 Sec. 31A 27 8125 Sec. 34— 17 4826 18 5128 5222 26 7779 7841 27 8209 56 OPINIONS OF THE CITY SOLICITOR

CHARTER AND MISCELLANEOUS LOCAL LAWS—Continued: SECTIONS CONSTRUED— Vol. Page Sec. 36— 17 4929 4976 18 5165 5259 5355 19 5569 5619 20 5746 5928 5941 21 6047 6079 6088 22 6422 6893 23 6926 6940 24 7022 7118 7119 27 8147 28 8430 Sec. 36A— 17 4960 21 6080 23 6893 27 8151 Sec. 36B— 21 6081 23 6917 26 7911

v 28 8441 Sec. 36D— 24 7295 25 7412 7541 Sec. 37— 17 4912 4914 4930 4935 4984 18 5010 5107 5133 JANUARY 4, 1911—DKCE.MBKR 31, l'J-26 57

CHARTER AND MISCELLANEOUS LOCAL LAWS—Continued: SECTIONS CONSTRUED— Vol. Page 5276 19 5576 20 5753 5S32 5935 5954 6003 21 6026 6206 6240 6264 6267 22 6343 6487 6515 6526 6579 6583 6596 6642 23 6656 6992 24 7126 7131 26 7698 27 8055 28 8440 8462 Sec. 37A— 18 5133 22 6404 6413 , 6419 .' 6515 6526 6544 23 6767 >. 24 7068 25 7585 26 7768 Sec. 38— 22 6344 6347 58 OTINIOXS OF THE CITY SOLICITOR

CHARTER AND MISCELLANEOUS LOCAL LAWS—Continued: SECTIONS CONSTRUED— Sec. 39— Vol. Page 18 5175 5276 25 7396 Sec. 40— -19 5507 21 6219 23 6929 26 7931 8002 27 8119 28 8415 Sec. 41— 20 5717 23 6795 Sec. 43— ' 18 5006 22 6445 23 6836 6851 6929 Sec. 43A 22 6445 Sec. 46— 22 6382 26 7719 Sec. 47 21 6126 Sec. 48A 22 6445 Sec. 49 18 5250 Sec. 50 18 5250 Sec. 51— 18 5250 19 5511 23 6929 26 7745 7930 8002 27 8119 Sec. 51A— 17 4862 18 5250 Sec. 58A 17 4862 Sec. 59— 23 6851 27 8199 Sec. 62 17 4791 Sec. 68 18 5299 JANUAKY 4, 1011— DiicwiBEJi 31, 1026 59

CHARTER AND MISCELLANEOUS LOCAL LAWS—Continued: SECTIONS CONSTRUED— Vol. Page Sec. 69 24 7169 Sec. 70— 17 4933 19 5360 20 5872 5968 5975 21 6039 22 6532 23 6884 6983 24 7192 25 734S 7566 Sec. 71— 17 4S57 4957 Sec. 72 17 4957 Sees. 77, 78— 17 4968 ; 24 7107 Sec. 78— 22 6336 6507 Sec. 79— 17 4761 4763 Sees. 79-82 28 8430 Sec. 82— 17 4761 4763 26 7849 Sec. 83 19 5537 Sec. 84— 22 6325 6439 26 7679 27 8099 Sees. 84, 85 17 4975 Sec. 85— 17 4914 27 8099 Sec. 85A 28 8455 28 8369 8486 60 OPTNIOXS OF THE CITY SOLICITOR

CHARTER AND MISCELLANEOUS LOCAL LAWS—Continued: SECTIONS CONSTRUED— Sec. 86— Vol. Page 19 5460 26 7963 28 8323 8369 Sees. 8'6B, 86 C— 19 5415 : 22 6543 Sec. 87— 24 7011 ; 7078 Sec. 87A— 20 5715 23 6675 27 8091 8229 Sec. 88— 18 5048 25 7358 7360 7435 Sec. 89— 18 5044 19 5370 5380 24 7339 25 7343 7618 28 8431 Sec. 90— 24 7011 25 7650 Sees. 90-93A 18 5143 Sec. 91— 19 5512 21 6247 22 6433 Sec. 92— 24 7117 27 8096 Sec. 93 27 8090 Sec. 97— 19 5619 20 5859 Sees. 98A, 98B— 21 6281 24 7145 JANUARY 4, 1911—DECEMBER 31, 1926 61

CHARTER AND MISCELLANEOUS LOCAL LAWS—Continued: SECTIONS CONSTRUED— Vol. Page Sec. 99— 18 5045 5227 5242 5279 5354 19 5370 5380 23 6916 24 7262 .. '. 7269 26 7907 27 8144 8188 8198 28 8363 Sec. 100— 18 5009 5046 5279 24 7262 25 7551 25 7596 26 7886A Sec. 101— 18 5009 5046 5242 5279 21 6156 23 6677 25 7596 26 7907 Sec. 102 26 7886A Sec. 102E— :... 22 6405 25 7443 Sec. 102H— 26 7823 28 8409 Sees. 1021, 102J 25 7583 Sec. 102K 27 8083 Sec. 102L 22 6406 Sec. 1020 25 7583 Sec. 102P— 25 7582 27 8222 62 O'J'i.xioNs OF TIIK CITY SOLICITOR

CHARTER AND MISCELLANEOUS LOCAL LAWS—Continued: SECTIONS CONSTRUED— Vol. Page Sec. 104— 17 4803 24 7338 Sees. 105, 107 19 5474 Sec. 120A 17 4717 Sec. 132 23 6873 Sec. 144 17 4747 Sec. 146— 20 5923 26 7718 Sec. 151 17 4S62 Sec. 164A 25 7609 Sec. 166 26 7771 Sec. 167— 21 6067 26 7771 Sec. 170— 20 5752 25 7673 26 7770 Sec. 171— 18 5179 19 5510 21 6219 .' 23 6898 24 7093 7256 25 7395 26 7770 27 S064 Sec. 172 28 8491 Sec. 174 21 6209 • Sec. 175— 18 5103 5185 5336 ' 19 5480 5599 20 5910 22 6424 6646 27 8259 Sec. 176— 18 5157 5248 ' 5295 JASUABY 4, 1911— DECEMBEK 31, 1926 6c

CHARTER AND MISCELLANEOUS LOCAL LAWS—Continued: SECTIONS CONSTRUED— Vol. Page Sec. 176A 23 6750 Sec. 177— 20 5853 5985 Sees. 177-179 18 5368 Sec. 179— 20 5984 5444 Sec. 180— 19 5458 23 6955 6957 Sec. 181— 26 7992 27 8259 28 8346 Sec. 182 28 8347 Sec. 183 27 8260 Sec. 185 27 8260 Sec. 189 18 5307 Sec. 196 28 8494 Sec. 200A— 17 4758 23 6799 Sec. 202— 17 4976 18 5112 • 25 7616 Sec. 203 A-203 Q 24 7288 Sees. 203 C, 203 L 23 6877 Sees. 203 C, 203 D, 203 F, 203 1 24 7315 Sec. 203 D— 25 7571 27 8018 Sec. 203 I— 25 7365 7505 27 8184 Sec. 203 J— 25 7505 7510 Sec. 205— 17 4741 18 5017 21 6216 6262 64 O'IMMOXS OF THE ClTY SoUCITOR.

CHARTER AND MISCELLANEOUS LOCAL LAWS—Continued: SECTIONS CONSTRUED— Sec. 206— Vol. Page 18 5189 23 6882 24 7176 Sec. 208— 17 4989 23 6923 Sees. 208 A, 208 C 17 4971 Sec. 217— 20 5938 5943 27 8104 Sec. 221— 26 7841 27 8087 28 S424 Sec. 264 25 7519 Sec. 266 20 59S9 Sec. 297— 17 4824 4825 Sec. 298— 17 4803 4832 Sec. 340 22 6569 Sec. 342— 22 6553 6564 6565 Sec. 349 22 6569 . Sees. 370-378— 22 6553 21 6109 Sec. 436 22 6345 Sec. 438 22 6569 Sec. 441 23 6861 Sec. 444 26 7854 Sec. 445— 17 4934 20 5968 5976 21 6039 23 6885 6983 25 7431 Sec. 448 17 4943 JAM;ABY-4, 1911—DEOKMBKR 31, 1926 65

CHARTER AND MISCELLANEOUS LOCAL LAWS—Continued: '"J SECTIONS CONSTRUED— Sec. 463— Vol. Page- 22 6414 6419. 6515. 25 7409 . 7411 ;Jv. 7435 Sees. 463-485 21 6273 Sec. 468— , ':.••.:.:•. . 18 504& ;.;;•. 2'3 6915 Sec. 469. . . 23 6970 Sec. 480— 23 6835 :...:. 6986. Sec. 486— '. 22 6454 28 8453 Sees. 493 B-493 D 20 58'84 Sec. 493 F— ; . 20 5922 22 650T Sees. 493 F-493 J 23 6770> Sees. 509-515 18 5029 Sec. 516 27 8125 Sec. 517 17 4961 Sec. 540 26 7941 Sec. 632 28 848T Sec. 637 27 8067 Sec. 658 20 5898 Sec. 663 M 26 7811 Sec. 707— 18 5018 5191 19 5384 26 7841 Sec. 747 21 6079 Sec. 754 23 6715 Sec. 759 21 6087 Sec. 776 C 21 6166 Sec. 776 C a— 18 5092 19 5443 See. 777 I ....'. 27 8106 66 OSPINTONS OF THE CITY SOLICITOB

CHARTER AND MISCELLANEOUS LOCAL LAWS—Continued:.. SECTIONS CONSTRUED— Sec. 796— . Vol. Page 23 6807 6816 24 7313 25 7386 Sec. 797 19 5420 Sec. 806— ., .20 5964 5966 Sees. 808-812 21 6302 Sec. 817 21 6239 Sec. 819 A 24 7023 Sec. 824 A 27 8242 Sees. 824 A-824 H 18 5068 Sec. 824 B— 18 5315 . .... 5321 19 5563 21 6120 Sec. 824 C ' -.,.. 21 6275 Sec. 824 D— 18 5151 5158 5304 19 5375 21 6103 Sec. S24 F 18 5321 Sec. 824 G— ..18 5315 ;.... 20 5899 21 6016 Sec. 824 H— 18 5255 5316 5321 Sec. 828— 17 4870 4873 21 6106 .' 28 8419 Sees. 883 A, 833 B 17 4741 22 6439 Sec. 839 21 6277 Sec. 840A 28 8452 Sees. 840 A-840 E 22 6605 Sec. 841 E 22 6581 JANUARY 4, 191.1—DECEMBER. 31, 1926 67

CHARTER AND MISCELLANEOUS LOCAL LAWS—Continued:' ( SECTIONS CONSTRUED— Vol. Page Sec. 841 P. :..'.' 17 4894 Sec. 841 G 25 7672 Sec. 841 M :...' 21 6162 Sec. 841 V 22 636.7 Sec. 841 X ' -22 6513 Sec. 841ff ..: 28 8469 Sees. 841fi-841ii 28 8450 Sec. 843— 19 5507 5587 ...... :.. 22 6314 23 6979 ;....:..*." 26 7967 7975 Sec. 860 '..;•.:. 28 8369 CHARTER COMMISSION— Proposed by City-Wide Congress; reasons for de­ clining appointment 19 5392 CHARTER (HOME RULE)— Not validly adopted - 23 6933 Validly adopted 23 6954 CHARTER REVISION COMMISSION— Ordinance creating, etc.— .' - 18 5310 5311' CHATSWORTH RUN DRAIN— Building over—Permit not to be given 26 7932 CHATTEL LOANS— Receipts for chattels not taxable 27 8108' / CHECKS— See Central Payroll Bureau; City Register; > Comptroller. •.,••...• CHESAPEAKE & POTOMAC TELEPHONE COMPANY— See Conduits. Annex—Pole licenses applicable 26 7897 Conduits—Cannot permit other wires in. •••.;. 21 6228 Contract with Roland Park Co. and Baltimore County for use of— .'..'.. 24 7031 ....:. 7062 Fire Department cannot place electric wires in. 18 5168 For wires— 18 5149 .....:.. '.. 5158 .....: 5161 68 OPINIONS' OF THE ClTY SOLICITOR

CHESAPEAKE & POTOMAC TELEPHONE COMPANY—Continued: • J... ,;r Vol. Page In Reisterstown Road 17 4878 "In Thirty-third Street 17 4833 Payments for additional ducts 17 4877 'Removal of, for sewers 17 4781 Rental to be paid City for use of .... 18 5178 Right to lay; charge for in the Annex— 23 6855 . 6863 6866 6871 ' To remove if in way of City conduits 20 5709 Wires in for fire alarm boxes 20 5926 Ducts across Fallsway at Madison 19 5456 Franchise charge against 18 5121 Pole licenses in New Annex— 23 6906 , 6927 ;• Poles—City has no right to use for fire alarm tele­ graph— f • .' 24 7087 ?>; •,-,, -.. 7099 Poles; removal by ordinance 18 5284 CHICKEN HOUSES— Permits for. 28 8302 CHICKENS— See Nuisances; Poultry. Keeping of not prohibited 25 7500 No law relating to keeping of 21 6191 CHILD LABOR— See Labor Bureau. Licenses not to be issued to children 19 5549 CHILDREN— Health Department—Lack of co-operation of par­ ents, etc 23 6931 License for boarding 23 6770 Medical examination in schools. 24 7224 CHILDREN'S PLAYGROUND ASSOCIATION— See Appropriations. CHOSES IN ACTION— See Mortgages. CHURCH FAIR— Use of fire engine house for 20 5742 CHURCHES— . ^.•Exempt from taxation on its property; not on T other's property. used by it 19 5445 JANUARY 4, 1911—DECEMBER 31, 1926 69

CHURCHES—Continued: Vol. Page Exemption from taxation does not extend to house occupied by sexton 23 6796 Garages, etc., within 300 ft. of—airline measure­ ment 25 7571 Special Paving Tax—To pay 21 6190 CIRCUS— License fee per day 22 6423 No restriction as to number of performances 20 5990 CITY BUILDINGS— See Architectural Commission; City Property. CITY CHARTER— See Charter and Miscellaneous Local Laws. CITY CHARTER OF 1918— Not validly adopted— 23 6887 6933 : Validly adopted 23 6954 CITY CHEMIST— Assistant may act for 17 4856 CITY CODE (1869)— Art. 7, Sec. 8, construed. 28 8476 Art. 22, Sec. 9, construed.. 22 6370 CITY CODE (1879)— Art. 23, Sec. 59, construed— 20 5686 5690 CITY CODE (1893)— SECTIONS CONSTRUED— Article 1— Sec. 42— 21 6300 24 7319 25 7550 Sec. 48 24 7122 Article 20— Sees. 30-32 19 5683 Article 23— Sec. 5 24 7170 Sees. 23, 24 17 4969 Sec. 80 20 5689 Sec. 124 24 7073 Article 33— Sec. 10 17 4925 Article 35— Sec. 3 19 5469 Sec. 23 ...... :.::.:..: 19 5469 Sec. 39 ...... ;...::..:. 19 5595 70 QPIMOXS OF THE Cl'i'Y SoUCITOR

CITY CODE (1893)—Continued: SECTIONS CONSTRUED— Article 35—Continued: Vol. Page Sec. 57— 17 4891 4907 Sees. 87-108 26 7843 Article 41— Sec. 34 21 6159 Article 47— Sec. 4 18 5169 Article 48— Sees. 28-29 A 18 5006 Sec. 61 18 5330 Sees. 61 D-61 K .... 20 5862 Sec. 93— 24 7088 7100 Sec. 135 22 6622 Sec. 136— 23 6655 24 7126 7131 Sees. 157 E, 157 F— 24 7088 7099 Sec. 187 24 7073 Article 50— Sees. 5, 13 19 5509 Article 54— Sec. 16 19 5500 Sec. 21 23 6675 Sees. 32, 33 20 6007 CITY CODE (1906)— Code not officially sanctioned or adopted 22 6623 Not adopted and has no legal effect 20 5863 SECTIONS CONSTRUED— Article 1— Sec. 28— 17 4823 4829 4836 4840 4841 4899 Sec. 32— 18 5175 20 5750 21 6300 22 6313 JANUARY 4, 1911—DECEMBER 31, 1926 Vl

CITY CODE (1906)—Continued: SECTIONS CONSTRUED— Vol. Page Sec. 37— 21 6169 23 6743 24 7013 7122 25 7655 7657 26 7685 7781' Sees. 38, 39— 17 4980 28 8322 8323 Sec. 39 18 5196 Sec. 42— 18 5015 5033 Sec. 44 18 5215 Sec. 48 17 4820 Sec. 49 27 8209 Article 2— Sec. 17 17 4720 Article 3— Sec. 10— 19 5380 '. 5381 Sec. 31 -. 19 5380 Sees. 44-45— 18 5013 28 8430 Sec. 120 28 8434 Sees. 125-129— 17 4744 4753 Sees. 138-140 18 5144 Sec. 144 18 5144 Article 4— Sec. 13 17 4902 Sec. 15— 20 5951 21 6172 22 6550 Sec. 24— 20 5958 21 6159 72' O'PIXIO^S OF THE CITY SOLICITOR

CITY CODE (1906)—Continued: SECTIONS CONSTRUED— Article 4—Continued: Vol. Page 6194 6204 24 7138 Article 6— Sec. 4 18 5129 Sees. 6-8 25 7432 Sec. 7— 17 4805 4852 Sec. 12— 17 4852 18 5248 22 6399 Sees. 12-14— 26 7708 7767 Sees. 15, 16. 18 5222 Sec. 21. . 17 4812 Sec. 23. . . 18 5129 Sec. 29 18 5130 Sees. 32, 33 18 5130 Sec. 33 22 6514 Article 7— 22 6338 6339 Article 9 24 7017 Sees. 1, 2 , 17 4980 Sees. 6-13 19 5477 Sec. 8 20 5711 Sec. 13. . . 22 9315 Sec. 16 19 5572 Sees. 17, 18 20 5784 Sees. 19-23 18 5121 Sec. 22 18 5167 Article 10— Sec. 1. , 24 7029 Article 11— Sec. 9 24 7193 Sec. 10 23 7000 Sec. 10-12. 19 5683 Sec. 11 21 6039 Sec. 12 25 7431 Sec. 35— 18 5121 5167 JANUARY 4, 1.911—"DECEMBER 3-1, V.)2(i 73

CITY CODE (1906)—Continued: SECTIONS CONSTRUED— Article 11—Continued: Vol. Page Sees. 45-48 25 7543 Sec. 51 28 8493 Sec. 56 18 5299 Sec. 69 17 4S74 Sees. 69-88. 20 6003 Sec. 75 25 7455 Article 13— Sec. 1. 28 8324 Sec. 3..'.' 26 7970 Sec. 10. .. ..-..- 22 6344 Sec. 11— .'. 22 6345 6542 Article 14— Sees. 1, 2 22 6507 Sec. 10. . . . 26 7971 Sec. 11— • 19 5525 23 6699 Sec. 16 22 6507 Sec. 21. . 21 6059 Sec. 22 22 6358 Sec. 24. . : 24 7270 Sec. 29 22 6359 Sec. 32. . . 22 6591 Sec. 57 20 5883 Sec. 60— 22 6335 ". 25 7549 Sec. 61 17 4856 Sec. 65 22 6610 Sec. 70 '. 20 5689 Sec. 77— 22 6350 6610 Sec. 84— '.' '....". 17 4865 18 ,5290 20 5722 5751 5861 5880 21 6298 6308 22 6496 74 OPINIONS OF THE, CITY SOLICITOR.

CITY CODE (1906)—Continued: SECTIONS CONSTRUED— Vol. Page Article 14—Continued: 23 6682 25 7450 Sees. 84, 85— 18 5303 21 6246 Sees. 84-91— 21 6252 22 6353 27 8072 Sees. 87, 88 21 6246 Sec. 97 22 6469 Sees. 105, 106— 17 4744 4753 See. 108 24 7161 Sees. 108, 109 20 6008 Sees. 108-110 24 7179 Sec. 127— 21 6248 6253 Sec. 129— 18 5029 23 6793 Sees. 130-135— 18 5029 22 6528 6537 Sees. 137, 138 25 7624 See. 158 21 6275 Sec. 162 21 6287 Sees. 179-186 20 5699 Sees. 179-187 23 6974 Sec. 180 26 7727 Sec. 188 20 5699 Sees. 195-201 22 6469 Sec. 197 27 8282 Sees. 198-201 19 5622 Article 16— Sec. 2 17 4765 Sees. 4, 5— 27 8189 8300 Sees. 9-11 21 6202 JAXUAKY 4, i911—DECEMBER 31, 192(» 75

CITY CODE (1906)—Continued: SECTIONS CONSTRUED— Article 17— Vol. Page Sec. 31— 23 6732 27 8120 Article 20— Sec. 1— 28 8325 8392 Sec. 3— 18 5141 19 5495 Sec. 4 28 8358 . Article 23— Sec. 4 19 5469 Sees. 12-17 26 7S39 Sees. 12-19 18 5174 Sec. 14— 25 7538 26 7877 Sec. 16 18 5197 Sec. 20 26 7840 Sec. 29 18 5019 Sec. 34— 19 5595 25 7457 Sees. 43-55 22 6335 Sec. 45 19 5469 Sec. 51— 19 5519 24 7089 Sec. 57 24 7042 Sec. 58 IS 5337 Sec. 97 18 5294 Sees. 107, 108 26 7S41 See. 112 18 5197 Secs. 112, 113 24 7042 Sec. 113 18 5337 Sec. 114 26 7877 Article 25— Sees. 11-13, 15, 16 20 5740 Sec. 20 20 5740 Sec. 23 20 5740 Sec. 36 22 6335 Sees. 46. 47 25 7648 Sec. 52 22 6335 Sees. 57. 58 IS 5141. 76 OPINIONS OF THE CITY SOLICITOR.

CITY CODE (1906)—Continued: SECTIONS CONSTRUED— Article 25—Continued: Vol. Page Sec. 67— 17 4777 : 23 6688 Sees. 67, 68— 20 5935 21 6051 27 8096 Sec. 68 22 6560 Sec. 69-- 21 6027 6028 6096 Sees. 71-73. • 24 7163 " Sec. 73— 17 4777 26 7963 27 8232 Sec. 74. 18 520O Sec. 76 19 5464 Sec. 99 17 4771 Sec. 101. . . 23 6874 Sec. 112— 23 6686 6910 25 7391 7437 7599 Article 28— Sec. 1— 28 8S25 8392 Article 30— Sec. 11 20 5735 Sec. 13 19 5546 Sec. 24 20 5902 Sees. 24, 25 18 5208 Sees. 24-26 26 7847 Sec. 25 17 4998 Sec. 26 20 5902 Sec. 28 23 6671 Article 31— Sec. 20 17 4894 Article 32— Sees. 11, 12 26 7677 JANUARY 4, 1911—DECEMBER 31, 1926 77

CITY CODE (1906)—Continued: 'i.J SECTIONS CONSTRUED— Article 32—Continued: Vol. Page Sees. .15-17:—, 21 6299 6302 Sec. 33 27 8221 Sec. 34— 17 4755 4759 22 6562 >' Article 34— Sec. 1 19 5680 Sec. 6 19 5648 Sees. 6, 7 17 4922 Sec. 8 19 5680 Sec. 15 26 7750 Article 35— Sec. 3 28 8323 Sec. 10— 18 5244 20 5953 Sec. 19 20 5925 Sec. 20 26 7900 Sees. 20-22 24 7171 Sees. 20-25 27 8039 Sees. 20-28 17 4772 Sec. 22 .v; 21 6271 Sees. 22-24 22 6356; Sec. 28— 17 4771 18 5330' 24 7171 7175> Sec. 29— 17 4894 18 5289 Sec. 34 20 5991 See. 39— 18 5114 20 5730 5887 21 6073; Sees. 39-44 20 5875 Sec. 41 21 6073 Sec. 54 20 5916 Sees. 54-61 ' 25 7404 Sec. 55 20 5917 7.8 OPINIONS OF THE CITY SOLICITOR

CITY CODE (1906)—Continued: SECTIONS CONSTRUED— Article 35—Continued: Vol. Page Sec. 56 20 5918 Sees. 50-60 20 5918 Sec. 62 18 5114 Sec. 74— 18 5114 20 5919 Sees. 74-76— 23 6745 25 7404 Sec. 85— 17 4776 20 5916 Sees. 85-88— 17 4728 20 5861 23 6899 Sees. 85-96 21 6308 Sees. 93, 94.., 20 5861 Sees. 94-100 26 7991 Sec. 98 17 4776 Sec. 102 17 4720 Sees. 102-103 28 8434 See. 105— 19 5651 22 6579 Sec. 106 18 5284 Sec. 116— 19 5456 22 6529 Article 36— Sec. 1 28 8325 Sec. 2— 19 5451 5466 24 7073 Sec. 4 24 7072 Sec. 9 19 5451 Sec. 16 26 7812 See. 20 25 7607 Article 37— 21 6216 '.. 6262 22 6439 JANUARY 4, 1911—DECEMBER 31, 1926 79

CITY CODE (1906)—Continued: SECTIONS CONSTRUED— Article 37—Continued: "Vol. Page Sec. 1— 28 8326 1 8362 8391 Sec. 3 18 5017 Sec. 4 '. - 17 4876 Article 38— Sec. 1 22 6631 Sec. 4— 26 7771 7777 Sec. 6 26 7771 Sec. 13 26 7774 Sec. 33 21 6208 Article 39— '.. 18 5007 23 6799 24 7016 Sees. 8-11 28 8434 Article 40— Sec. 3 28 8324 Sec. 5 20 5857 Sec. 8— 19 5501 20 5715 23 6675 Sec. 10— 20 5845 :. 5846 Sees. 30, 31 .' 20 6007 Sees. 38, 39 21 6253 Sec. 41— 21 6248 ...., 6253 Article 41— Sec. 4— 19 5390 28 8485 Sec. 5 19 5390 Sec. 7— 17 4925 18 5091 21 6040 6157 6167 22 6423 80 OPINIONS OF THE CITY SOLICITOR

CITY CODE (1906)—Continued: SECTIONS CONSTRUED— •; Article 41—Continued: Vol. Page Sees. 7-10 i 25 7599 Sec. 9— ' 21 6041 28 8485 Sec. 10 ; 25 7391 Sec." 11 19 5443 Sees. 16, 17— 18 5019 24 7101 . . . 28 8485 Sec. 20 23 67S3 iSecs.-20-25 28 8459 Sec. 21— 22 637S 6606 Sec. 28 28 8485 Sees. .29, 30 22 6577 Sec. 38. ... . 23 6906 28 8460 Sees. 38-42 22 6579 :Secs. 38-43— 24 7023 7028 Sec. 39 28 8460 -Sees. 50, 51— IS 5192 5195 5196 Sees. 50-53 IS 5019 See. 51. .' 23 6669 See. 52 18 5106 Sec. 70 23 6676 Sec. 72 22 6575 Sees. 74-84 28 8459 •Sec.76— 19 5384 5607. 5647 "See. 85— 19 5595 25 7457 Article 43— Sees. 33, 34, 41, 42 23 6877 JANUARY 4, 1911— DECEMBER, 31, 192(5 81

CITY COLLECTOR— Vol. Page See Tax Sales; Taxes. Benefit Assessments—Not distributed over parti­ tioned 'lots 27 8250 8260 Failure to pay; procedure, etc 28 8346 Sale of Property—Excess proceeds, to whom payable 22 6382 Tax Sales—Advertisement, etc.— 22 6444 6445 CITY COMPTROLLER— See Comptroller; Insurance. CITY COUNCIL— Annual Meeting—No effect on pending ordinances. . 23 6663 Goods cannot be purchaser by City from member of 23 6743 Ordinances—'May pass for public improvements even if disapproved by Board of Estimates .etc... 17 4976 Ordinance relative to damages in re grade cross­ ings unwise 17 4789 Police Power—•Prohibition of unreasonable rents.. 23 6759 Power to establish unicameral 24 7134 Power to summon and compel attendance of wit­ nesses 25 7553 Powers of Paving Commission and Council 17 4774 Qualifications of member; State Senator— 20 593S 5943 Salaries of members—Method of payment 18 5082 CITY ENGINEER— See Highways Engineer; Paving; Sidewalks. Belgian Blocks—Reduction oil account of size 17 4765 Curbs—Relocation of 19 5539 Sewer connections; clerical assistance necessary.... 18 5302 CITY FORESTER— See Trees. CITY GOVERNMENT— Form of. etc 18 534S CITY JAIL— Board cannot contract in own name 18 5016 Board cannot offer reward for arrest of escaped prisoners 24 7222 Contract with Md. Button Co.—Water to be sup­ plied— 20 6003 21 6044 Deceased prisoners, money of— 17 4824 4825 82 OipiNioirs. OF THE CITY SOLICITOR

CITY JAIL—Continued: . Vol. Page Drunkenness—Person committed for may be sent to Bay View, if insane, etc 17 4747 Insane person—Removal from 22 6312 Physician to; examinations for State's Attorney, right to compensation for 17 4729 Removal of prisoners committed for disorderly con­ duct or drunkenness , 17 4747 CITY PLAN— See Commission on City Plan. Suggested Commission for 23 6799 CITY PLAN COMMISSION— Powers directory and not mandatory :.. 17 4828 CITY PRINTER— See Public Printer. Printing to be done by. 17 4989 CITY PRINTING— See Printing. CITY PROPERTY— See Park Board; Streets; Water. Agreement to rent; effect on prior lease 18 5132 Along Patapsco River—Lease to State for Forest Reserve 27 8257 Annex—County property not enumerated in ap­ praisal 25 7518 Building material to be sold at auction 17 4775 City building protected under Building Code 17 4822 City Yard—Lease of 19 5591 Clarke and Grave Streets—Lease of 19 5524 Deed—Failure to record does not affect City's rights— 23 6738 ., 6739 6740 Demolishing building by contract 18 5265 Disposition of proceeds from sale of 26 7987 Exempt from county taxation 25 . 7448. Exempt from taxation— 21 6215 23 6726 25 7617 Franchises through 21 6143 Ground rent—Disposal of 22 6618 Insurance of 21 6284 Insurance of prohibited 17 4805 Insurance Fund—Use of item in Ordinance of Esti­ mates 23 6681 Iron plates in custody of Jail Board 20 5705 Lease on property condemned; obligation of City.. 18 5329 JANUARY 4, 1911—DECEJIBEK 31, 1926 83

CITY PROPERTY—Continued: Vol. Page Lease of water front property for 20 years—'Validity of 25 7584 Lease to State Forestry Department; form of 28 8356 Leasing—Duty of Comptroller 27 8209 McLean and Perine interests—Deed of 22 6548 X. E. comer Baltimore St. & Fallswny—Title to... 21 6064 Xo. 60 Branch School; condition in deed 19 5475 On Fallsway between Biddle and Preston Streets.. 19 5496 Park land outside City—Taxation of 27 8070 Park Property—Consent of Park Board not neces­ sary— 24 7109 7112 Parks—Conditions ns to conveying or alienating— 22 6584 6585 Parks—Disposal of 22 6433 Property conveyed for definite purpose—'City cannot sell 27 8122 Removal of bathtub from house bought by Commis­ sioners for Opening Streets <. 18 5262 Renting from City; effect on former lease— 18 5262 5266 Renting of 20 5742 Reverter; when not binding 28 8366 Sale of condemned buildings by auctioneer; method. etc 22 6399 Sale of houses acquired for Fallsway 18 5248 Sale of land; when ordinance necessary 18 5294 Sale of—Procedure as to • 26 7965 Sale of property acquired for non-payment, of taxes 18 5134 Sale of property covered by mortgage of Water Company 26 7765 Sale or transfer of when no longer needed— 24 7110 7112 School property on Clifton St.; reverter not binding 28 8366 Sidewalks in front of; paving 19 5573 Tenant; notice to eject— 18 5264 5266 Title to pile of crushed stone did not pass to City on purchase of property 18 5113 To be sold by Comptroller when no longer needed.. 17 4852 Water Company—Sale of 26 7707 Water Department—McDaniel property 22 6440 84 OPINIONS OF THE CITY SOLICITOR

CITY PROPERTY—Continued: Vol. Page Water Department—Title to^ 22 6479 6533 CITY REGISTER— See City Stock; Stocks, Loans and Finance. Deputy may sign checks, etc., in absence of, etc . 17 4812 Record of names of owners of city stock must be given when requested , 17 4820 Renewal of bond 17 4797 CITY SEAL— Use for advertising purposes 19 5424 CITY SERVICE— Age rule; modification by ordinance 27 8183 Competitive examination; definition of 24 7315 Construction of law 24 7287 Director of Educational Management—Exempt from merit system .'.... 25 7594 Dismissal of employees under , 23 6877 Eligible list— 25 7504 7507 7513 Eligible List—For Fire Department Physician in­ valid 25 7364 Examinations—Competitive and non-competitive... 25 7364 Examinations—Meaning of— 25 7364 7372 Fire Department—'Reinstatement of dismissed em­ ployee— 26 7801 c 7803 Fire Department Physician—List invalid 25 7364 List of eligible*1; illegal under certain conditions... 24 7314 Rules of Commission 24 7316 School attendance officers are under 27 8018 Schools—Teachers, etc., not under 25 7571 Vacation of school attendance officers 28 8305 CITY SOLICITOR— Duties of office 26 7683 Opinion in re controversy between individual and ; Oity department—'Should not be given 17 4938 Printing of Opinions suggested 19 5603 CITY STOCK— See Loans;. Stocks, Loans and Finance. .Acts of 1912 do not affect ,. IS 5223 Alien Enemies—Stock cannot be transferred 23 6696 JANUARY 4, 1911—DECEMBER 31, 1926 85

CITY STOCK—Continued: Vol. Page Authority of Finance Commissioners as to rates' of ' interest, times of issue, etc 20 5716 Bondst—Power to issue 26 7716 Books to show proceeds from sale of..., 27 8062 Cannot be issued under Chapter 810 of 1914; needs referendum— 25 7413 7429 Certificate for trustee under will—'Form suggested.. 20 5697 In name of A. & B., as joint tenants, with right of survivorship, survivor entitled to new cer­ tificate 17 4770 In name of parent for minor child with right of transfer in parent; disapproved 19 5579 In name of trustee by mistake; condition for transfer : 19 5610 Purchased by Administratrix—Transfer of.... 23 6858 Transfer of— 21 6227 6234 6235 Transfer by successor of trustee 23 6670; Transfer where in name of deceased trustee and beneficiary of age 26 7881 City Register to give owners of on request 17 4820 Court of Massachusetts has no jurisdiction over... 21 6227 Exempt from War Revenue Act 23 6721 Form—Criticism of; coupon bonds suggested 25 7589 Interest; payable only to persons in whose names certificates are. 23 6654 Interest rate; not necessary to be fixed in ordinance 20 5706 Interest—Rates lower than ordinance provides... 26 7825 Internal Improvement Loan (due in 192S) is valid 21 6093 Life-tenant—Certificate to be transferred on order of Court only 17 4755 Lost certificates; affidavit before Notary instead of Mayor acceptable 19 5647 Lost certificates—Requirements for issuing duplicate 17 4922 Negotiable— 22 6608 6633 Not taxable by U. S 23 6658 Partnership—Transfer of stock held by 25 7626 Payment of certificate to trustee; conditions 22 6497 , Power of City to issue coupon bonds , 26 7716 Premiums—Disposition of 27 8062 Premiums on sale of—•Disposition of 26 7747 86 OPIXIOXS OF THE CITY SOLICITOR

Vol. Page CITY STOCK—Continued: Proper certificate for transfer of stock held in non­ resident estate 20 5771 Public Improvement Loan (1920, Ch. 373) valid— 25 7463 7469 7470 Requirements for issuing 20 5941 Signing by Acting Mayor 27 8104 Transfer book—Time for closing '. 18 5169 Transfer of Certificate— Authorized by will 17 4978 Board of Bank Directors may authorize 17 4785 By foreign executor— 25 7389 26 7680 By girl under 18 not permissible 19 5643 By receiver—'Court, order 19 5487 By trustee under deed 17 4989 In case of administration 18 5351 In name of organization 17 4884 In name of partnership 19 5418 In name of trustees under will— 17 4809 4822 In name of two trustees may be transferred on court order when signed by one, when 17 4727 On death of owner; letters of administration necessary— 19 5366 5388 On order of Court in case of deed of trust 19 5617 On order of Court when signed by executor.... 17 4992 Upon order of Court correcting error in naming of trustee— 17 4844 4845 I'nder will I 17 4859 When advertisement necessary 19 5366 When in name of trustees instead of executors.. 19 5382 Trustee; payment, of certificate; conditions 22 6497 U. S. transfer tax not applicable to 23 6721 Validity of method used in issuing 20 5716 CITY SURVEYOR— See Streets. Condemnation plats—To make IS 5017 JANUARY 4, 1911—DECEMBER 31, 1926 87

CITY SURVEYOR—Continued: Vol. Page Duties, etc.— 18 5006 22 6325 6439 Duties and compensation— 21 6216 6262 Duties of in re Jones Falls 17 4876 Grades of sbreets-rr-To fix 17 4741 CITY WHARF— See Wharf. CIVIC CENTRE— See Commission on City Plan. Act authorizing loan for 22 6627 Suggested funds for 22 6627 CIVIL CASES— Removal of 17 4734 CIVIL SERVICE— See City Service. CLAIMS— See Contracts; Damages. Against and by United Railways in re paving, track reconstruction, etc 24 7320 Against City; City should not plead limitaitions if bill is just 20 5750 Against sub-oontractor 21 6222 Against U. S. in re Civil War damages—Agreement as to collection of 21 6291 Assignment of 22 6430 City not liable for loss of rent due to quarantine... 22 6317 Delay in constructing large water mains 21 6220 Fireworks at Sesqui-Centennial— 28 8402 8403 Of contractors for delays caused by others— 21 6209 6214 Paving sidewalk; City not liable 20 5978 Preliminary plans for engine house; statute of lim­ itations 24 7124 Private—Ordinance to pay; requirements 25 7396 Stable destroyed by fire while water temporarily turned off; not allowed 20 5761 Stoppage of house connection to sewer; disallowed.. 20 5801 CLARK STREET— , Public street 20 '5927 88 OPIXIOIVS OF 'rim CITY SOUCITOK

CLERK OF COUBT OF COMMON PLEAS— Vol. Page See Fees. CLERKS OF COURTS— Fees to be paid by City 26 7743 List of •alienations,- judgments and decrees for Ap­ peal Tax Court...... • • 19 5544 CLIFTON PARK JUNIOR HIGH SCHOOL— Payment to contractor 26 7824 CLINTON STREET— Lease of bed of from shore line to Port Warden's line. . : 26 7768 Paving in track area 27 8004 Rights of Northern Central Railway and City in... 26 7917 CLOSING OF STREETS— See Streets. COAL— Contract for coal at Pumping Station—Compliance with 20 5871 Contract price increased on .account of increased freight rates or wages 24 7279 Contract; weighing, etc 21 6105 Ordinance to authorize sale in units of 2,000 pounds 27 8120 Park Board—Specifications require weighing on park scales 17 4730 Rejection of bid. where service was unsatisfactory.. 20 5687 Sale in small quantities 26 7941 Short weight 26 7941 Ton—Pounds in. . 27 8120 Use in locomotives; power to prohibit 20 5771 Weight, by which sold 23 6732 COBBLES— Credit for in paving by United Railways 18 5262 COLD STORAGE— Title of ordinances sufficient 28 8424 COLLINGTON SQUARE— Park Board has jurisdiction over sidewalks 21 62S1 COLORED— See Segregation Ordinance. COLORED HIGH SCHOOL— Equipment—Modification of 26 7864 COLORED PEOPLE— See Segregation. COLORED SCHOOL— Child of n'lleged white father and white mother, but having name of colored husband of mother, should go to colored school— 17 4896 4915 JA^T.VRY 4, 1011— DECKMBKR 31, 192(3 89

COMMISSION GOVERNMENT— Vol. Page , Not suitable for Baltimore 19 5392 COMMISSION FOR ENCOURAGING MANUFACTUR­ ING PLANTS— Terms of office, -etc 17 4900 COMMISSION ON CITY PLAN— See City Plan Commission. Duties and powers 17 4965 Duties of— 17 4936 4979 Duties under Section 20OA of Charter 17 , 4758 Height of Buildings—Right to limit 17 4735 In re .Tones Falls— 17 4867 4876 4887 Term of office 17 4900 COMMISSIONERS FOR OPENING STREETS— See Benefit Assessments; Benefits; Damages; Streets. Benefit Area—Enlarging before final action 20 5694 Changes in procedure suggested 17 4873 Continue in office until successors qualify 18 5042 Exchange of funds 17 4860 Grades of Streets—Between curbs 18 5140 Jones Falls—Method of securing property 18 5157 Leases—Procedure to be followed as to leases in condemnation cases— 20 5851 5853 Obstructions; power to remove 18 5307 Officers and cannot be member of Legislature.... 28 8490 Ordinance cannot deprive of judgment as to bene­ fits, etc 18 5102 Pennsylvania Avenue—Ordinance to widen— 18 5177 5273 Power tx> condemn streets, etc.— 17 4897 4908 Power to open and close streets without ordinance when acting as Annex Improvement Commission.. 18 5109 Power to review all assessments for benefits and damages; action as to leases— 20 5851 5853 Removal of bath tub from; house purchased by IS 5262 90 OPINIONS OF THE CITY SOLICITOR.

COMMISSIONERS FOR OPENING STREETS—Continued: Vol. Page Salaries; -limitation of 18 5326 Sidewalks—'No power to relieve owners from duty of paving, etc 17 4894 Titles being searched for streets enumerated 20 5757 To sell old material at auction 17 4775 COMMISSIONERS OF FINANCE— See Sinking Funds. COMMISSIONS— For collection of unclaimed savings accounts 18 5156 COMMUNICABLE DISEASES— See Health. COMPENSATION— Of official or employee for extra services 23 6908 COMPTROLLER— See City Property; Insurance. Bills—•Condition as to payment by 22 6514 Deputy—Absence of. . 18 5222 Deputy may countersign checks in absence of— 17 4812 4826 Insurance on structures on piers 17 4745 Leasing of City property—Duties as to 27 8209 CONCRETE— Cannot be mixed on pavements 19 5678 CONDEMNATION— See Benefit Assessments; Benefits; Commis­ sioners for Opening Streets; Damages; Har­ bor Board; Public Improvement Commis­ sion; Streets—Opening. Buildings to be condemned for public purposes only 19 5405 City cannot condemn public road or bridge 19 5654 City has power to condemn property for school pur­ poses 25 7557 City has power to condemn property of public serv­ ice corporation 21 6110 City has right to take possession of property before proceedings are concluded; State does not 25 7574 City may not condemn public road or bridge but may divert 19 5478 Damages—Measure of 25 7355 Excess Condemnation—No law authorizing 21 6054 For sewers outside City 26 7837 Improvements made by owner after introduction of ordinance 23 6987 Less than whole interest may be taken 21 6185 Powers of City as to 27 8242 JANUARY 4, 1911 — DECEMBEK. 31, 1926 91

CONDEMNATION—Continued: Vol. Page Public Improvement Commission given power of— 25 7306 7353 CONDEMNATION MAPS— To be furnished on payment of charges .. 21 6036 CONDUITS— See Chesapeake & Potomac Telephone Co.; Electrical Commission. Agreement with Gas Company as to cost of shifting cables does not apply to purchase of new cables.. 19 5682 All overhead Wires to go in except telegraph and trolley .' 20 5710 Alleys, private—May be placed in 22 6598 Alterations and changes in—Payment of cost 25 7646 Annex—Power of Gas Company to install conduits and armored cable 26 7949 Apportionment of costs between City and Annex. . 26 7733 Boiler in vault under alley to be removed at own­ er's expense 23 6768 Chesapeake & Potomac Telephone Company—Can­ not permit other wires in 21 6228 To pay rental for use of 18 5178 To remove if in way of City conduits 20 5709 Use of Oity conduits over Hanover Street bridge 21 6163 Connections with street lamp—'Cost of 22 6556 Damages by street railways 26 7982 Franchise necessary to use— 18 5107 19 5476 28 8461 . 8462 8465 Hanover Street bridge 21 6170 In New Annex— 23 6855 6863 . 6866 6871 Tn private alleys 22 6368 Inspection fees for use of 23 6904 Lease—Construction of 23 6768 Rentals—Inspection fees— 22 6315 6468 6470 /

92 OPINION'S OF THE CITY SOLICITOR

CONDUITS—Continued: Vol. Page Roland Park Company—'Contract with Chesapeake & Potomac Telephone Company— 24 7031 7062 Under Frederick Road bridge— 20 5782 5798 5803 5807 United RaHways—In Eastern Avenue 27 8017 United Rail ways—Taxable 21 6124 United States—Cables in 19 5476 Use by United States 19 5572 Wires in for fire alarm boxes 20 5926 Wires of Gas Company—Requirements as to 21 6227 CONGRESS— Power over navigable waters 23 6792 CONSOLIDATED GAS, ELECTRIC LIGHT AND POWER COMPANY— See Conduits. Conduits—Wires to be placed in 21 6227 Franchise tax—Power of City to impose. 22 6475 Transmission line over Gunpowder Valley—Revoca­ ble permit for 26 7927 CONSTABLES— Act relating to and People's Court 18 5188 Appointment and 'salaries 24 710S . Appointment by ordinance 23 6882 Appointment to fill vacancy 24 7176 Authority in serving Writ of Replevin— 24 7116 7121 Bonds—To pay premiums on - 18 5343 May be included in pension system 27 8034 Method of appointment 18 5134 Salaries to be paid by City 18 5188 , Term of office— 18 5198 24 7103 CONSTITUTION OF MARYLAND— See Declaration of Rights. SECTIONS CONSTRUED— Article 1— Sec. 6— 20 5945 28 8490 JANUARY 4, 1911—DECEMBER 31, 1926 93

CONSTITUTION OF MARYLAND—Continued: SECTIONS CONSTRUED— Vol. Page Article 3— Sec. 11 28 8490 Sec. 19 28 8490 Sec. 24 22 6650 Sec. 29— 23 6716 19 5372 20 5823 25 7463 7469 7470 27 8087 Sec. 29 28 8425 Sec. 31 25 7567 ~ Sec. 33— 19 5360 20 5910 5914 26 7833 Sec. 40— 24 7306 7333 Sec. 51 27 8268 Sec. 59 19 5361 Article 4— • Sec. 8. 20 5969 Article 5— Sec. 9— 22 6563 6568 Article 7— Sec. 2— 21 6216 6262 Article 11— Sec. 2 22 6363 Sec. 5— 24 7134 24 7013 25 7452 26 7685 7781 27 8207 Sec. 7— 20 5941 22 6422 94 -OPINIONS OF THE CITY SOLICITOK

CONSTITUTION OF MARYLAND—Continued: SECTIONS CONSTRUED— Vol. Page •• Article 11—Continued: 23 6952 24 7007 25 7414 7429 7464 Article 11 A— 23 6886 6932 24 7000 7040 7148 7154 7210 25 7468 7567 7616 26 7721 7745 28 8400 8434 8454 Sec. 6 24 7135 Article 13 22 6363 Seel -.. 20 5946 Article 14 ' 22 6650 Article- 15— Sec. 1— 20 5818 5947 Article 16 23 6886 CONSTITUTION STREET— Closing of 20 5764 CONSUL— Automobile exempt from taxation 28 8420 CONTAGIOUS DISEASES— See Health. Carriers 22 6432 Reports by physicians 19 5525 Treatment in Sydeham Hospital 26 7971 CONTINENTAL CAN COMPANY— Connection with sewers 20 5712 CONTINGENT FUND— See Appropriations. In discretion of Board of Estimates 18 5159 JAKUAKV i, 1911—DECEMBER 31, 1926 95

CONTRACTORS— Vol. Page See Bidders; Bids ; Contracts; Sub-contractors; Workmen's Compensation. Advance payments; conditions as to 20 5769 Assignees—Payments to 18 5119 Awning poles; removal and replacement 19 5531 Bankrupt; procedure, etc 23 6692 Bond mandatory 17 4717 Bonds—Foreign company may give 17 4783 City not responsible to sub-contractor on failure of contractor , 18 5218 Claim against; retaining money to pay 21 6225 Claim for damages 27 8056 Claim for sub-contractor 20 5844 Claims—Delay in construction of large water mains 21 6220 Claims for failure to deliver garbage 24 7082 Claims on account of delays, etc 21 6209 Claims for damages should be made before final set­ tlement '. 20 5893 Damages claimed by another contractor; position of City— ..*. 19 5400 5410 Damages—Delay caused by another contractor 21 6294 Damages due to cave in—City liable 20 5858 Damages—Withholding money to pay claims for... 19 5416 Defective paving—Responsible for 18 5274 Defects to be repaired by contractor 20 5986 Delays of; when new contract warranted 18 5257 Demolishing building; removal of material 18 5265 Entry upon private property City proposes to con­ demn 17 4987 Extra work; payment for under contract— 19 5398 5403 Failure to carry out contract; acceptance of liabil­ ity by bonding company 19 5450 Failure to do work; procedure 22 6505 In default, Inspector of Buildings can complete work by day labor 18 5054 Liquidated Damages—Delay in completing contract 21 6029 Liquidated Damages—Should not be imposed in this case 18 5331 Materials furnished by others; obligation of City.. 18 • 5340 Must supply all coal needed under contract 19 5462 Not liable for damage to pavement due to washout. 17 4875 Notice to be given of defective work 26 7868 Obligations to City to be deducted from contract... 21 6223 96 OPI.VIOXS OF TIIK CITY SoLicirojt

CONTRACTORS—Continued: Vol. Page Ordinance requiring employment of registered voters ;•'. invalid 18 5215 Paving on wood blocks; detects corrected under guarantee— 19 5529 5547 5548 5578 Payment of 75% of the 20% retained by City 17 4752 Payment of 90% of the 20% retained by City, when proper 17 4729 Receivers—Balance due to be paid to 22 0504 Refusal to discharge person objectionable to Paving Commission; provision in specifications 20 5963 Releasing usual reservation with approval of surety 18 5333 Retention of money to pay claims against IS 5241 Sewerage—Cost of replacing old water pipes 21 6155 Specifications should not require names of sub-con­ tractors. IS 5215 Sub-contractors—City not liable to 19 5620 Sub-contractors—Retaining funds to pay 17 4940 Sum due is contract price less amount due City by contractor 21 6223 To pay premiums on workmen's compensation insur­ ance 25 7665 To repair paving under guarantee 18 5018 Trustees of—Payment of amount due to contractors 21 6095 Use of City's private road 23 6794 Violation of law; remedy. 19 5440 CONTRACTS— See Advertising; Bids; Bonds; Contractors; Damages; Paving. Acquisition of right of way across railway easement not subject to City Charter 17 4716 Additional quality at contract price optional 25 7388 Advertising, etc., where cost is over $500 23 6972 Advertising necessary •.... 21 6236 Advertising necessary for expenditures involving $500 or more 18 5081 Alterations—When material, not authorized— 28 8471 8472 Annex (New)-—With Baltimore County for school supplies 23 6833 Approximate estimate—Construction of term 24 7052 Architects; acceptance of and payment for drawings for Sydenham Hospital ^.. 17 4724 JA^UAKY 4, 1911—DKCKMBEK. 31, 1926 97

CONTRACTS—Continued: Vol. Page Assignments 18 5162 Awarding under $500 21 6046 Between City and ottici.nl or employee— 18 5194 5196. Bidder bound by award even if absence of written contract 18 5098 Binder—-Pay for on sq. yd. basis and not on ton basis 19 5516 Blinds for schools 25 7660 Bonds—Persona] or surety 24 7237 Bonds—Release of 21 6174 Bonds—When not necessary 22 6650 Bonus—IVovisdon for not necessary to secure liqui­ dated damages 24 7186 Bonus provision,—Construction of 20 5998- Books—Additional purchases 27 8193. Cancellation for supplying defective material 21 6161 Cannot be extended, where cost exceeds $500 20 5840 Changes in; no authority for 26 7732: City employees cannot be interested in City con­ tract— 21 6169 24 7122 25 7655 765T City Jail—In name of Mayor and City Council and not of Jail Board 18 5016 City officer cannot be interested in— 21 6169 24 7011 25 7452 26 7684 27 8207" Claim on account of increased freight rates— 24 7259 7279 Claims—Failure to deliver garbage 24 7082 Claims on account of increased wages 24 7279 Cleaning of stables 17 4992 Clifton Park Junior High School—.Payment on ac­ count 26 7824 Coal—Compliance with contract 20 5871 Coal for High Pressure Pumping Station; must sup­ ply all needed 19 5462 Coal—Weighing of 21 6105 Collection of unclaimed savings accounts 18 5156 98 OPINIONS OF THE CITY SOLICITOR

CONTRACTS—Continued: Vol. Page Construction of— 22 6473 6495 6545 24 7034 7050 26 7962 Construction of "approved equal" or "equal" used in 26 7924 Construction of where approximate quantities are given 23 6985 Contractor bound to furnish all wood needed at con­ tract price— 18 5105 5118 Damages— City not liable for delay caused by another con­ tractor 28 8377 Claim by independent contractor : 26 7964 Liability of 'Contractor for claims for 18 5139 Liquidated; delays, etc 22 6546 Money retained to cover claims for— 18 506O 5119 Payment of money retained when suit is settled.. 23 6729 Retaining funds to ]giy claim of another con­ tractor; City not involved— 19 5400 ! 5410 Retention of money to pay 20 5835 Tinder; City protected by bond 17 4848 Deduction account guarantee— 19 5529 • 5578 Deduction for amount due City..'. 17 4841 Defective Work—Money retained to pay for 20. 5959 Delay- Damages where caused by another contractor 21 6294 In completing 21 6089 In completing; liquidated damages 20 5759 Liquidated damages— 21 6029 ' 6048 Remedy 20 5877 Delays caused by City—Allowance for 20 5956 Delays—Right of City 18 5257 Demolition of Buildings—Refund for material re­ moved prior to delivery of buildings 19 5526 JANUARY 4, 1011 — DECICMBKR 31, 192G 99

CONTRACTS—Continued: Vol. Page ; l)e]»jsifs—Placing in banks not contract in which City employee cannot be interested 26 7782. Disposal of Garbage—Terms of 20 5774 Krror in bids does not prevent awarding. IS 5095 Estimated Quantity—Not binding on City— 19 5462 25 7388 Excavation—Quantity greater than approximate .amount of contract 18 5136 Extending to include street intersections 18 5142 Extension of 21 6175 Extra, Work—Compensation may be allowed for— 20 5836 5S41 Cost plus basis; overhead 27 8251 Decision of Engineer 19 5604 Or additional material—Requirements 26 7911 Payment for— ,. 19 5398 -. 5403 P.'fyment for in accordance with contract— 19 5513 . 5515 Failure of Contractor—Sub-contractors will prob­ ably 'lose 38 5218 Final payments by City with assent, of surety com­ pany— , 17 • 4834 4835 Fireworks in Philadelphia; two claimants for payments— 28 8402 8403. Garbage—Delivery to contractor— 24 7033 7050 Guarantee—'Contra(tons should be required to meet— 21 6231 6249 Guarantees—Note on 22 6508 Guarantees—Notice must be given as to defects in work 26 7S68 Increased Payment—'Authority to make 26 7879 Insurance—'Placing of not construed as contract in which employee cannot be interested. 26 7780 100 OPINIONS OF TIIK CITY SOLICITOR

CONTRACTS—Continued: Vol. Page ' Jail Board with Maryland Button Co.—Water to be supplied—• 20 6003 21 6044 Iiamp-posts—Number which may he ordered...' 22 6338 Liability of surety and of contractor—'Limitations of 21 6145 Lights—Remova'] or transfer of; cost 21 6096 Limitation on power of City officials to bind City... 25 7555 Liquidated damages'—Bonus provisions not neces­ sary to secure 24 7186 Liquidated damages—N'o claim vs. W., B. & A 22 6609 Liquidated damages—Price Construction Co.—Mon- tebello school 26 7700 Liquidated damages—To be collected; exceptions.. 21 6152 Loss of contractor—City not MaWe for 26 7893 Lowest responsible bidder 18 5148 Materials and supplies needed; includes quantities in excess of approximate amounts 23 6985 Modification of due to war conditions, etc 22 6607 Money retained to pay claims for damages; payment . of when suit is settled 23 6729 Official cannot be interested in 26 7684 Ordinance requiring sub-contractor to be named in bid Invalid 18 5052 Over $500 18 5022 Park Board cannot waive provisions 17 4793 Partial completion and acceptance; effect on guar­ antee on delayed work 19 5401 Patented Article—Monopoly; advertisement not nec­ essary 18 5088 Paving guarantee 21 6152 Payment for completed work; effect on guarantee for work to be done later 19 5401 Payment for material as delivered, but not erected, an alteration— 28 8471 8472 Payment not to be made for material until incor­ porated in work 19 5454 Payment on account as work is done 19 5494 Payment on account under agreed schedule 20 5882 Payments; form of receipt when amount due is in controversy 18 5257 Payments to sub-contractor for piles furnished; under what conditions 17 4797 Penalties) for delay; no reason for enforcing 17 .4779 Percentage of contract price to be retained 26 7970 JANUAEY 4, 1911—DECEMBER 31, 1926 1,01

CONTRACTS—Continued: Vol. Page Police Building—Use of first floor not waiver of any rights 28 83S5 Police Commissioner not subject to Board of Awards 25 7454 Police Department—Garage 24 7271 Portable School Buildings—Purchase of additional under contract .-. 25 7506 Printing School Survey Report—Protest 25 7534 Procedure in awarding 23 6870 Quantities—Approximate only 27 SI93 Quantity of materials, etc., to be supplied—Construc­ tion of— 22 6473 6495 6545 23 6985 Quantity—Must supply all needed even if in excess of estimated amount 19 5462 Replacements, etc., not new contract 28 8446 Retention of money to pay claims vs. contractor... 18 5241 Retention of money to pay damages, etc 17 4798 School Supplies—Additional quantity 25 7388 Schools—Ventilating and heating 25 7466 Sludge—Purchase of—• 22 6512 6521 Specifications—Essentials of— 18 5148 5153 Specifications for .sewers; form where rights of way are to be secured 17 4721 Specifications—Form of 20 5905 Specifications—Missing page to be attached 17 5000 Sub-contractors—City not liable to— 22 6494 6504 Tabulating machines—Replacement 28 8446 Trucks—Specifications for 24 7064 Two claimants for payment— 28 8402 8403 Unfinished; procedure, etc 23 6692 Variation from; assent of surety company 19 5517 War tax—City not liable for when contract is silent 26 7892 Western High School—Material alterations not au­ thorized— 28 8471 8472 Withholding money on account for creditor 17 4865 102 OI'INJONS OF TiiK CITY SOLICITOR

CONVEYANCES— Vol. Page See Deeds. Covenants in—Zoning Commission cannot enforce 28 8331 CORONER— City not liable for State's Attorney's expenses at inquest 18 5055 City to pay cost of stenographer at inquest 18 5095 Duties as to money, etc., of person over whom in­ quests are held— 17 4824 4825 Inquest—Bill of chemist— 21 6077 6117 CORPORAL PUNISHMENT— 1 n parental schools 27 8194 CORPORATIONS— Assessments against shares—Appeals to Comptroller and Treasurer 26 7944 Banks—Assessment of shares, date of 22 6389 Foreign—When shares are taxable 28 8413 Proper signature in submitting bids. 17 4783 Securities of insurance company included in value of shares 27 8116 Stock—Power to condemn in case of water com­ panies in Annex— 25 7306 7353 Taxation—Securities exempt if corporation does no business in State 28 8341 COSTS— See Court Costs. COUNCIL— See City Council. Special assessments for paving; power to provide for 18 5296 COURT COSTS— By whom payable 22 6448 Items recoverable where case removed from county to City for trial 19 5493 COURT HOUSE— State offices; rent for 19 5555 COURTNEY STREET— Ordinance for closing should not be repealed 20 5764 COURTS— See Juvenile Court. Appropriations to be made by City 22 6552 COVENANTS— See Conveyances. JANUARY 4, 1911—UKCEMBKII 31, 192G 103

COWS— Vol. Page See Milk. Power of Health Commissioner to condemn milk if feci on garbage, etc 18 5303 CREDITORS— See Contracts. CRIERS— Increase in salaries— 24 7148 7154 CRIMINAL CASES— Costs where removed to county 25 7663 Removal of 17 4734 CRIMINAL COURTS— Dockets—List of cases, etc 23 6840 CRIPPLED CHILDREN— See Schools. CRISFIELD— License or franchise for motor-bus line 21 6064 CURBS— See Paving Commission; Sidewalks. Authority of City Engineer to realign, etc 18 5341 Damage to; owner of truck liable 20 5810 Paving Commission may change lines of 22 6367 Relocation of f. •. 18 5135 Resetting on Charles Street north of Fayette 18 5114 CURRENT RATE OF WAGES— Meaning of term 27 8125 CURRENT WAGE ARBITRATION COMMITTEE— "Current Wage"—Meaning of term.. . .: 27 8125 CUTHBERT AVENUE— Private Street—Ditch and posts on 26 7928

D DAIRT— See Milk. DAIRT FARM— Permit for sale of milk 25 7652 DAMAGES— See Accidents; Benefit Assessments; Conduits; Contractors; Contracts; Grade Crossings; Fire Department; Grades and Grading of Streets; Streets; Streets—Opening. Baltimore Belt Railroad Co.—In re widening of Belair Road— 19 5626 5627 5643 104 OPINIONS OF THE CITY SOLICITOR

DAMAGES—Continued: Vol. Page Benefits not to exceed 24 7266 Building on dedicated street; damages not allowed lor moving 20 5793 By Fire Department—City not liable 21 6141 City not liable for injuries caused by fire engines. 20 5777 City not liable for injury caused by falling bricks, etc 22 6530 City not liable for negligence of its agents 24 7264 City not liable in absence of negligence 20 5713 Claim against Sewerage Commission 20 5956 Claim by independent contractor 26 7964 Claims on account of breaking of water mains.... 27 8056 Collision with fire engine; City not liable 20 5989 Consequential—City not liable for— 18 5166 22 6396 Consequential—City not liable for in changing grade of street— 18 5093 5166 Constructing sewer in alley; property inaccessible; City not liable 18 5291 Contractor—Claims for should be made before final settlement 20 5893 Contractor not liable twice for same item 21 6034 Contractor—Retaining money to pay 21 6225 Defective sidewalks; liability 24 7214 Delay caused by another contractor— 21 6294 28 8377 Due to change of grade only—City not liable 19 5605 Due to filling stream 17 4837 Explosion of boiler of Fire Department—liability of City 20 5907 Explosion of dynamite on vessel 19 5461 Flooding of cellar; contractor liable 20 578-0 Improvements made where owner knows street is to be opened— 17 4946 4974 In case of fill in grading street 27 8233 Ingress and egress—Destruction of 26 7889 Law as to, in opening streets 18 5336 Liability of City where protective precautions are wanting 27 8012 Liquidated; City not responsible for delays not caused by it 22 6546 JANUARY 4, 1911— DECEMBER 31, 1.926 105

DAMAGES—Continued: Vol. Page Liquidated—Continued: Deduction of from contract price 21 6229 Delay in completing contract— 20 5759 5895 No claim against W., B. & A 22 6609 Not to be imposed when contractor not at fault. 18 5331 Price Construction Co.—Montebello School 26 7700 To be collected; exceptions. 21 6152 Should not be retained if no real damage— 17 4793 4853 Waiver of—Use of first floor not 28 8385 May be applied toward benefits assessed in open­ ing street 21 6208 Measure of, in condemnation proceedings 25 7355 Obstructions on sidewalks; liability of City 25 7387 Opening Street—North Avenue and Twentieth St. 23 6667 Overflowing of sewer— 17 4881 4885 Police Building—Right to liquidated damages not waived 28 8385 Retention of money from contractor to pay 20 5835 Sewers—Neither City nor contractor liable for con­ sequential injuries in absence of negligence.... 17 4766 To City property—Liability for— 22 6323 6324 To curb—Owner of truck liable 20 5810 To paving from water leaks; liability— 21 6036 6037 To railway tracks in doing sewerage work—City not liable 20 5783 To trees—Remedy 19 5445 To well by sewer; City not liable for incidental damages 20 5967 United Railways account settlement of sewer work —City not liable 20 5706 Water Companies in Annex—Measure of— 24 7303 7333 Water flowing on property of another 24 7230 Water Pipes—By railroad cars 23 666S DAMS— See Streams. 106 OPINIONS OP THE CITY SOLICITOR

DANCES— Vol. Page See Licenses. License if admission fee 19 5443 DANCING ACADEMIES— License for 20 5849 DAVIS STREET— Tunnel under 18 5180 DAI LABORERS— Right to additional payment under Act increasing wages 17 4735 DEAD BODIES— Certificates for burial or removal 23 6974 Disposal of unclaimed— 17 4803 4804. 4832 DEATH BESEEMS— See Pensions. DEATH CERTIFICATES— See Health. Corrections in 25 7547 Transcripts—When to be furnished free 24 7136 DEATHS— Report of; penalty for failure 20 5699 DECEASED EMPLOYEES— See Employees. DECLARATION OF RIGHTS— Articles Construed— Art. 15— 19 5446 21 6218 26 7935 Art. 35— 20 5945 25 7438 7649 26 7682 28 8490 DEDICATION— See Streets. DEED— Lateral sewer under deed for main sewer 17 4732 DEEDS— See Conveyances; Streets; Titles. Bay View—Land for 21 6258 For sewers in Chelsea Terrace and Duvall Ave. .. 28 8307 DEFALCATION­ S' Bonds. JANUARY 4, 1911— DKCKMBKU, 31, l!)2(i . 1.07

Vol. Page DEFAULT— See Contractor. DELAYS— See Contractors; Contracts; Damages. Allowance made if caused by City 20 5956 DEMURRAGE— • ""'Baltimore and Ohio claim disallowed 17 4799 DEPARTMENT OF LEGISLATIVE REFERENCE— Duties of 17 4971 DEPARTMENT OF PUBLIC WORKS— Bonds of chief engineers and bureau heads— 28 8320 8361 8390 DEPOSITS— See Certificates of Deposit; Elections. Certificates of, not taxable 27 8185 Officials connected with banks receiving City de­ posits 26 7782 DETENTION HOSPITAL— For emigrants; ordinance necessary 20 5884 DEVELOPMENT PLAN— See Zoning. DIAGNOSIS- Health Commissioner need not disclose result of. . 18 5080 DIPLOMAS— Signing of 26 7677 DIRT— See Streets. DISEASES— See Health. DISPOSAL PLANT— Use of City's private road by contractor 23 6794 DISTRAINT— See Taxes. DIVORCE— Law applicable where cause occurred outside State. 23 6827 DOCK IMPROVEMENT LOAN— Balance of proceeds—Use of. 23 6976 DOCKS— See Harbor; Piers. DOCTORS— See Health; Physicians. DOG LICENSES— Free medical treatment in case of bite by 18 5022 108 OPINIONS OF THE 'CITY SOLICITOR

DOGS— Vol. Page See Licenses; Society for Prevention of Cruelty to Animals. Contract for seizure and destruction of 23 6918 License for average number on hand 20 5S94 License for; penalty 18 5251 Licenses; exceptions 22 6378 Licenses—Hopkins Hospital 22 6606 Nuisance—How determined 17 5003 Ordinance in re contract to collect, etc 18 5176 "Running at large" defined 23 6783 DRAIN PIPES— For sanitary and storm water sewers 20 5708 DRAINAGE— In Annex; by whom to be done 20 5732 In Annex out of Annex Loan 19 5614 Pennsylvania Railroad to provide under bridge at Chase Street 20 5937 DRAINS— See Sewers. City approaches to Lee Street Bridge; City to pay for 20 5727 House should not be built over 18 5274 In private alley—Owners not liable for 26 7741 Into County—City not to assume any liability 21 6032 Minor privilege under Twenty-ninth Street 20 5801 Private drains; lowering of; when to be paid by City 20 5747 Repairing private drain imposes no liability 18 5113 DRINKING CUPS— Not applicable to Bay View Asylum 18 5288 DRINKING FOUNTAINS— Type of, in discretion of Water Board 18 5061 DRUNKARDS— City to pay for medical treatment one time only.. 18 5322 Commitment of habitual drunkards at expense of City 17 4919 Cost of treatment 17 4886 DRUNKENNESS— ' See City Jail. DRY CLEANING PLANTS— Not laundry or manufacturing plant and not exempt. 25 7447 7449 DRY-DOCK— Is personal property; not manufacturing plant.... 25 7434 DUMPS— See Garbage. Abatement of objectionable condition 27 8071 JASTTJAEY 4, 1911—DECEMBER 31, 1926 109

DYEING PLANT— Vol. Page Not manufacturing plant and not exempt from taxes— 25 7447 7449 DYNAMITE— See Explosives. Storage, etc., of— 17 4872 4874 EAGER PLACE— Dedication can be accepted by ordinance '... 20 5763 EASEMENTS— See Franchises; Right of Way. . Deed to use the water of Jones Falls 21 6074 EAST FALLS AVENUE— Title of adjoining lots 19 5530 EASTERN AVENUE— United Railways and Electric Co.—Obligation as to paving and repairs 25 7592 Use of locomotives on 19 5546 EDMONDSON AYENUE BRIDGE— Tracks on—Maintenance of stringers for— 23 6852 6865 EIGHT HOUR LAW— Applicable to crew on City tug boat 23 6735 Not applicable to janitors, engineers, etc 19 5391 Not applicable to paving inspectors 22 6332 Violation of— 17 4991 19 5440. When may be exceeded 18 5032, ELDER PAYING COMPANY— Rejection of bid; padding of vouchers 19 5489 ELECTIONS— See Primary Elections; Registration Books. Primary—Candidate entitled to return of deposit if no opponent files 20 5802; Primary—Deposits of candidates without opposi­ tion; delay in asking return of— 21 6300. 6303 Primaries—Deposits of unopposed candidates— 21 6300 6303 6311 Recount—Appeal for 26 7717 110 Ol'INIONN OF THE Cj'l'Y SOLICJTOU

ELECTRIC CURRENT— Vol. Page See Lamps and Lighting. ELECTRIC LIGHTING— See Lamps and Lighting. Competition in; conditions for— 20 5889 5890 ELECTRIC METERS— More than one to a house—No ordinance relating to. 21 6259 ELECTRIC PLANT— See Gunpowder Dam. ELECTRIC SIGN— Ordinance for—Not transferable 24 7094 ELECTRICAL COMMISSION— See Conduits. Employees—Appointment and discharge of 24 7017 Conduits—May compel railways to place feed wires in 17 4834 Day laborers—Right to increased wages 17 47.35 Freight charges on goods F. O. B. Baltimore— When liable for....' 26 7827 Poles—Ordinance relating to removal of 20 5781 Repairs to sidewalk under agreement with owner 19 5486 ELECTRICAL WORK— Motor to be installed according to Building Code 17 4777 Permits—Licensed electricians 26 7811 Transfer of inspections to Underwriters— 28 8427 8428 ELECTRICIANS— See Bay View; Electrical Work. Bond and license for 18 5013 ELECTRICITY— Generating above 21 6173 May be furnished without franchise, when 18 5086 ELECTRIFICATION— Right of City to require railroads to electrify... 19 5656 ELEVATORS— Inspection by insurance companies—Report to City 22 6341 EMBALMING— Special license cannot be given physicians on hos­ pital staff 20 5770 EMERGENCY FUND— For Street Cleaning Department 18 5206 EMERSON HOTEL— May furnish electricity to adjoining building.... IS 5086 EMINENT DOMAIN— See Condemnation. JANUARY 4, 1911—DECEMBER 31, 1926 111

EMPLOYEES— Vol. Page See Bonds; Retirement System; City Service; Salaries; Wages. Bonds— 28 8319 8320 8361 8390 City cannot purchase goods from 23 6743 City Contracts—Cannot be interested in— "." 18 5194 " 5196 21 6169 24 7122 25! 7655 7657 City Service rule as to age limitation 27 8183 Compensation for extra services 23 6908 Defalcation by; bond; prosecution 22 6349 Deceased—Current month's salary paid to widow 20 5940 Deceased—Full month's salary to be- paid repre­ sentative 18 5102 Deceased—Money due; to whom payable— 20 5850 28 8328 8360 Eight Hour Law—To whom not applicable 19 5391 Injured by third party—City not to pay for time lost 20 5929 Killed; Park Board cannot pay widow— 18 5292 5293 Leaving without notice—Pay of 25 75S6 Lives—Power of City to insure 25 7431 May also hold office— 25 7438; 7452 May not make contract with City— 18 5194 5196 Need not be registered voters— 18 5015 20 5768 24 7319 Negligent operation of automobile; liability of City for injuries 26 7723 Pay days 26 7983 112 OPINIONS OF TIIK CITY SOLICITOR

Vol. Page EMPLOYEES—Continued: Power of heads of departments to make rules, etc., for— 27 8018 : 8051 Registered Voters—Ordinance requiring 21 6300 Registered Voters—Validity of ordinance requiring 25 7549 Resolution to pay day laborers on holidays illegal 20 5796 Retirement System—Who eligible to join 28 8308 Salaries cannot be attached 26 7896 Salary for full month to be paid representative of deceased employee 18 5102 Salaries to be paid semi-monthly 19 5366 To be paid bi-weekly 18 5033 Workmen's Compensation—Act applies to certain 21 6053 Workmen's Compensation—Those affected by—

: : 21 6014 6020 6042 EMPLOYEES' RETIREMENT SYSTEM— See Retirement System. EMPLOYMENT— Engineer—Conditioned on receiving license 23 6907 EMPLOYMENT AGENCIES— See Licenses. License for 18 5024 EMPLOYMENT BUREAU— See Licenses. ENCROACHMENTS— See Minor Privileges. ENGINE— Personal property; if permanently attached to building, real estate 22 6642 ENGINEER— See Buildings Engineer. Sewerage Pumping Station—Licensed engineer not necessary when not in use 18 5144 ENOCH PRATT FREE LIBRARY— .Branches; Carnegie Fund; obligation of City; ordi­ nance of 1907 void 18 5325 Paving sidewalks, etc., to be paid by City 24 7144 Water—No charge for 26 7746 ENTERTAINMENTS— Licenses not necessary when gain is not object.... 18 5091 Police permit for 21 6166 ERROR— See Bids; Contracts. JA:\TABY 4, 1911—DECEMBER 31, 1926 1.13

ESTIMATES— Vol. Page See Ordinance of Estimates. EUTAW STREET— Grade—Damage in lowering 17 4769 Market stands on west side 18 5294 EXAMINATION— See City Service. EXCAVATIONS— See Building Code; Underpinning. Underpinning buildings; procedure 17 4780 EXCESS CONDEMNATION- NO law authorizing 21 6054 EXECUTORS— See City Stock. EXEMPTION— See Taxation. Churches—Does not extend to house used as resi­ dence by sexton 23 6796 Consul—Automobile 28 8420 Furniture—Proposed bill for 18 5010 Furniture owned jointly by husband and wife 28 8327 Goucher College—Exemption from taxation on property used for benefit of 17 4769 Laundries exempt or not under Ordinance 462,. 1919— . 24 7197 7202 7208 7212 Manufacturers in New Annex 23 6789 Maryland Historical Society 23 6776 Ownership as of October 1st determines status of property 18 5179 Personal property of manufacturers 18 5318 Property of United States, State and City not sub­ ject to Paving Tax 18 5212 Status as of October 1st determines 27 8064 Taxation—Manufacturers 23 6889 EXETER STREET— Title to bed of 22 6453 EXHIBITIONS— See Licenses. Indoor baseball—No license necessary 22 6578 EXPENDITURES— Funds not appropriated in Ordinance of Estimates cannot be spent 18 5298 EXPENSES— Legislature can authorize even if not in Ordinance of Estimates IS 5164 114 OiUA'lOA'S OF THE 'ClTT SoLICITOK

EXPERTS— Vol. Page See Real Estate Experts. EXPLOSIVES— See Dynamite. Control over by Highways Engineer 23 6653 Fees for inspection; payment by Park Board...... 23 7001 Inspector to supervise handling; cost of 19 5580 Of United States—Removal from City— 25 7619 7621 Ordinances and rules relating to; power of City to control, etc , 19 5461 Ordinance applies to New Annex 23 6790 EXTENSIONS— See United Railways & Electric Co. EXTBA WORK— See Contracts. Compensation for— 20 5836 5841 Cost plus basis; overhead 27 8251 Governed by contract 19 5604

F FACTORY SITE COMMISSION— See Municipal Factory Site Commission. FAIRMOUNT AVENUE— See United Railways & Electric Company. FAKIR— Selling rattlesnake oil on streets 23 6910 FALLS ROAD— Acceptance from State Roads Commission; con­ ditions— 26 7693 7709 Change of grade 27 8112 FALLSWAY— See Jones Falls. Benefit Assessments 18 5345 Benefit Assessments—Basis for determining 18 5184 Benefit Assessments—Building permit cannot be issued until paid— 23 6955 6957 Benefit Assessments—Condemnation book 21 6293 City property on between Biddle and Preston Sts.. 19 5496 Contractor; releasing certain reservation with con­ sent of surety 18 5333 JAM-AHY 4-, 1011—DKOK.MBKR 31, 11)20 115

FALLSWAY—Continued: Vol. Page Footways to be cleaned of snow by abutters— 21 6068 * 6071 Property overlapping; rights of owner 18 5323 Purchase of property; sale of material 18 5248 Status of building at northeast corner of Balti­ more and Fallsway.'. 20 5791 Title to property at northeast corner of Baltimore and Fallsway 21 6062 Viaduct—Claims of contractor on account of de­ lays— 21 6209 6214 FARM LANDS— Construction of term 25 7562 FARMER— See Licenses. FEDERAL GOVERNMENT— See United States. FEDERAL LOANS— Bill for loans on urban property 24 7113 FEEBLE-MINDED- Ordinance necessary for asylum for 17 4765 FEES— See Buildings; Conduits; Milk; Permits; People's Court. City to pay Clerks of Courts, etc 26 7743 For piers 22 6348 Milk Ordinance—Inspections— 23 6690 ' 6698 Payable to Clerk, Court of Common Pleas; statute of limitations 26 7686 State's Attorney—List of cases to show number of indictments against same defendant 23 6840 FEMALES— See Minors: Women. FENCES— See Quarries. Along Jones Falls 17 4948 Division Fence—Cost of 23 6749 Kenwood Avenue; removal 18 5252 On party line 22 6426 Party fences 27 8241 Power of Mayor to revoke permit for 25 7425 116 OPINIONS OF THE .CITY SOLICITOR

FERRY— Vol. Page See Public Service Commission. Broadway & Locust Point—Franchise of company 21 6108 City can establish , 21 6055 FERRY BAR— City owns certain property claimed by Western Maryland Railway Company 21 6090 Title to property claimed by Western Maryland Railway Company 21 6033 FERRY POINT ROAD (LIGHT STREET)— Is a public highway 21 6090 Title to 21 6277 FERTILIZER FACTORIES— Location of 22 6350 FERTILIZER PLANT— Permit—Requirements for 25 7545 FIFTH STREET— Paving in front of school 17 4860 FILLING STATIONS— See Gasoline Tanks. FILTRATION PLANTS— Buildings—Not necessary to follow Building Code. 21 6148' FILTRATION RESERVOIRS— Delay in constructing 20 5877 FINANCE COMMISSIONERS—BOARD OF-i Investment of sinking funds 23 6795 Members are City officials 24 7011 FINES— See Justices of the Peace. For violating park rules, etc.; disposition of 27 8090 Part of general City funds 23 6861 FIRE— See Claims. School Building—Repairing after fire 23 6883 FIRE ALARM TELEGRAPH— See Conduits. No right to use poles of Chesapeake and Potomac Telephone Co.— 24 7087 7099 FIRE DEPARTMENT— See Accidents; Damages; Pensions. Accident—City not liable for injury done by engine. 20 5777 Accident Insurance—Death due to over-exertion at fire 19 5473 Board of Commissioners— Board not primarily responsible for enforcing certain provisions of Building Code 18 5058 JANUARY 4, 1911—DECEMBER 31, 1926 117

FIRE DEPARTMENT—Continued. Vol. Page Salary of recess appointment begins on date of qualification 17 4816 Collision with fire engine—City not liable 19 5596 Collision with other vehicles—City not liable for damages 18 5051 Damages by—City not liaible 21 6141 Detailing men to Camp Holabird legal 25 7576 Electric Wires—Cannot place in Chesapeake and Potomac Telephone Co. conduits 18 5168 Employee of—Need not be registered voter 22 6395 Engine House—Use of, for a church fair 20 5742 Engine House Loan—Use of balance 23 6977 Explosion of defective boiler—Injury; liability of City 20 5907 Fire Alarm Telegraph—Use of conduits of Chesa­ peake and Potomac Telephone Company— 24 7031 7062 Fireboat—No charge for water used 25 7623 Fire Hazard—Abatement of 25 7650 High Pressure Pipe Line over Baltimore and Ohio tunnel; cost of changes and inspections— 17 4718 4723 Hospital bills of injured firemen—No authority to pay 23 6999 Insurance—Who entitled to 19 5581 Insurance policies construed, both as to death pay­ ments and sick benefits 19 5683 Ladder and firemen—Loan of for measuring 28 8304 Motor Vehicles—Drivers of 23 6951 Oil—Prohibiting in sewers, etc.; warning notice— 27 8284 8285 Pension cannot be charged to salary account— 24 7118' 7119 Pensions— Claim of W. C. Shields; in discretion of Fire Board 24 7190 For John J. Ledden—Act for, invalid 25 7539 For Patrick F. Moriarity—Act and ordinance in­ valid 26 7886 Former member not eligible for 22 6532 Increase to retired members 25 7566 Mother of fireman killed in service entitled to.. 21 6190 118 OJ'IXIOXS OF THE CITY SOLICITOR

FIRE DEPARTMENT—Continued. Vol. Page Pensions—Continued: Only widows of firemen killed in service entitled to 23 6983 Reinstatement for, not valid 26 7942 When payable to widows 23 6825 Widow—Cannot pay funeral expenses 20 5872 Widow of husband killed in service; failure to pass ordinance for several years 28 8350 Widows of firemen— 20 5968 21 6038 27 8086 Widows of firemen killed in service 25 7348 Pension System—No separate vote by employees necessary for inclusion in 27 8068 Physician—Appointment of 24 7314 Pipe line; employment of engineer 17 4973 Powers of Board discretionary 20 5776 Regulations; powers of Board discretionary, and orders can be enforced or revoked 20 5776 Reinstatement, of dismissed employee; condition— 26 7801 7803 Reward—Payment to police : 28 8493 Right of way of apparatus 25 7543 Smoking in theatres, etc.— 24 7231 : 7235 7275 Special pension act void 19 5360 Widow—Not entitled to pension if husband dies from natural causes 21 6038 Widows—Pension for 27 8086 Wires in conduits for fire alarm boxes - 20 5926 EIRE ESCAPES— Failure to have; remedy 24 7152 Owner and tenant both liable for erection of 20 5904 EIRE GONGS— Not required in Home for Working Girls 20 5778 EIRE HAZARDS Abatement of; notice 25 7650 Abatement or removal of 27 8071 Removal of 27 8067 EIRE INSURANCE SALVAGE CORPS— Exemption from taxation 26 7934 EIRE PROTECTION— Water charges for private service 27 8228 JANUARY 4, 1911—DECEMBER 31, 1926 ' 119 Vol. Page FIRE UNDERWRITERS— Electrical inspection by— 28' 8427 8428 FIREARMS— Merchant; permit from City Engineer not neces­ sary to carry 21 6045 FIREWORKS— At Sesqui-Centennial—Claimants for payment— 28 8402 8403 Storage of— 21 6171 24 7156 FIRM— Dissolution of, in case of architects releases City of any obligation to continue either alone 17 4725 FISH MARKET— See Centre Market; Lexington Market. In Richmond Market 19 5468 FISHING— Not allowed in lakes under control of Water De­ partment 23 6744 FLAG POLE— See Minor Privileges. FLAG (II. S.) — See Minor Privileges. Obstruction on street 22 6622 FLEET STREET— Paving by Pennsylvania Railroad Company 22 6374 FLOODING— Jenkins Lane; liability of City 17 4903 FOODSTUFFS— Right of Health Department to enter premises where prepared 19 5404 FOOTWAYS— See Sidewalks. When lien for paving attaches— 24 '7244 7253 FOREIGN CORPORATIONS— See Corporations. FOREIGN EXECUTOR— Transfer of City Stock 25 7389 FOREIGN INSURANCE COMPANY— See Insurance Companies. Stockholders—To furnish list of those in City 26 7853 120 OPINIONS OF THE CITY SOLICITOR

FOREST PARK COMPANY— Vol. Page Sewers—City not required to purchase 26 7799 FOREST RESERVE— Lease of City property for use as 27 8257 FORESTRY— See Trees. FORESTRY DEPARTMENT— See Trees. Lease of City property to 28 8356 FORT AVENUE— See Baltimore & Ohio Railroad Company. Baltimore and Ohio tracks across 25 7564 FORT McHENRY— See Harbor; Parks. Bill to give jurisdiction to Baltimore City 22 6315 Control of wharves and docks 21 6157 Docks and wharves under Harbor Engineer 21 6024 Land under control of Park Board 21 6024 Lighting equipment at 23 6702 Offenses beyond Port Warden lines; jurisdiction.. 20 5981 Proposed Act to transfer jurisdiction over...... 21 6310 Removal of canteen building 21 6175 FOUNTAINS— See Drinking Fountains. FOURTH OF JULY— Appropriation for Safe and Sane Celebration of cannot legally be made 17 4811 FOURTH STREET— Tracks on 19 5604 FRANCHISE TAX— Repairing show window does not make owner liable 23 6971 FRANCHISES— See Baltimore & Ohio Railroad Company; Board of Estimates; Chesapeake & Potomac Telephone Company; Conduits; Gas Co.; Minor Privileges; Telegraph Poles; United Railways & Electric Compnay. Annual payments instead of lump charge 18 5010 Approval by Public Service Commission; effect on Section 37 of Charter 20 5S32 Areaway 20 5953 Board of Estimates—Authority to grant—e. g., bay windows, etc.— 24 7126 7131 Board of Estimates to fix conditions, but Council has power to pass 19 5576 JAXUAHY \, 1911—DKCE.MBKR 31, 1926 121

FRANCHISES—Continued: Conduits—For use of— Vol. Page 28 8461 8462 8465 Distinguished from minor privilege 21 6268 Expiration of—renewal, etc 28 8438 Flat or annual charge 26 7783 For piers, docks, etc.— 22 6401 6410 6515 6523 6544 For pipes in Jones Falls conduits 17 4984 For telegraph poles, etc 22 6578 Forfeiture for non-exercise 23 6766 Gas Company—Taxation of 22 6474 Gasoline tank in bed of alley 20 6002 Motor Bus Line 21 6118 Ordinary conditions in grants for street railways 17 4883 Over Hanover Street Bridge— 22 6384 6392 Piers—Extension of— 22 6342 6346 Power to revoke and regrant at annual charge— 20 5932 5943 Powers of Board of Estimates and Council as to 19 5576 Resolutions only grant permits—Not franchises-— 22 6483 6487 Streets—City cannot surrender control of— 28 8339 8340 Terms; removal of 17 4S10 Through City property 21 6143 Time for completion of work under not specified— 17 4731 4732 Tunnel under Davis Street 18 5180 United Railways & Electric Company—Cannot he perpetual. 18 5239 United Railways on Seventh Street— 17 4912 4930 4935 4939 122 OPIXIOXS OF THE CITY SOLICITOR

FRANCHISES—Continued. Vol. Page Western Maryland Railway Company on streets to York and Light 19 5590 FREDERICK ROAD— Part paved by Roads Commission not public street until completed— 19 5502 5503 Public street 22 6644 United Railways & Electric Company to keep paving between tracks in repair 20 5833 FREDERICK ROAD BRIDGE— See Bridges. FREE PUBLIC BATH COMMISSION— Ten Hour Law for women not applicable to 18 5178 FREE TEXT BOOKS— See Schools. FREIGHT— Acceptance of goods; liability for charges 26 7827 FREIGHT RATES— Claim of contractor on account of— 24 7259 7279 Reduction in 23 6903 FRONT STREET— Closing of 20 5764 FRUITS— See Streets. FULTON AVENUE— See United Railways & Electric Company. FUNDS— Exchange of 17 4860 FURNITURE— Assessment remains on tax books'until Appeal Tax Court is notified of sale 22 6337 Owned jointly by husband and wife 28 8327 Removal from sidewalks; disposition of 27 8231 Taxation of 18 5010 G GAITHER'S EXPRESS COMPANY— Not subject to park tax 19 6419 GAME— Right of State to protect and conserve 27 8029 GARAGES— See Zoning. Additions to— 23 24 JANUARY 4, 1911—DECEMBER 31, 1926 123

GARAGES—Continued: Vol. Page Approval of permit by Mayor; when necessary... 20 5961 Enlargement of; notice 23 6911 Housing more than two machines—Advertisement necessary 25 7556 Near churches, schools, etc.; special ordinances— '... 26 7833 28 8405 Near hospitals 22 6624 Oil—Discharging into sewers on streets— 27 8284 S285 Ordinance limiting location of 21 6283 Ordinance not availed of; purchaser needs new ordinance , . 23 6765 Ordinance relating to permits for; veto recom­ mended 24 7106 Permits approved by Mayor 26 7806 Permit approved by Mayor is ziecessary and suffi­ cient 25 7568 Permits for in residence districts 26 7759 Permit in error for more than ordinance allows.. . 22 6626 Reisterstown Road—Permit approved by Mayor.. 25 7568 Used as contrary to permit; remedy 22 6441 Within 300 feet of a church, etc.; air-line measure­ ment 25 7571 GARBAGE— See Cows; Health. Alleys—Proper to place garbage in 24 7226 American Feeding Company—Claims for failure to deliver 24 7082 Contract—Southern Products Company entitled to all garbage 20 6009 Contract for delivery of 24 7161 Contract for disposal of— 24 7071 7082 Contract with American Feeding Company for de­ livery of— 24 7033 7050 On dumps; nuisance— 22 6352 6353 Permit for hauling 24 7161 Permits for removal of 20 6008 Platform for disposal of; necessary nuisance 22 6502 124 ' OI.'IMOXS OF THE CITY SOLICITOR

GARBAGE—Continued: Vol. Page Removal from packing houses, commission mer­ chants, etc.— , 24 7070 7080 Terms of contract; includes condemned kraut on vessel 20 5774 GARBAGE DISPOSAL PLANT— City stock cannot be issued under Chapter 810 of 1914— 25 7413 7428 GARRISON AVENUE— Portion of not public 18 5289 Railway tracks on; easement of turnpike company 19 5540 GAS— Method to determine consumption by street lights 28 8358 Lead tetra-ethyl—Prohibiting sale of 26 7973 GAS COMPANY— See Consolidated Gas, Electric Light & Power Co.; Lamps & Lighting. Conduits—Power to install in Annex 26 7949 Riser pipes—Removal by Superintendent of Lamps and Lighting 17 4807 GAS ORDINANCE^ Validity of title 27 8087 GASOLINE— See Sewers. GASOLINE TANKS— In alley—Franchise necessary 20 6002 Installation—Permit for 27 8214 Limit as to size 28 8416 Near Church—Special ordinance necessary 27 8254 Permit for building before permit for tanks 28 8488 Permits for; number and size 25 7455 Service station requires approval of Mayor 25 7346 GASOLINE TAX— City not exempt from payment of— 25 7596A 7602 City's Share—Construction of State Budget 26 7760 Provisions relating to— 25 7596A 7602 GAY STREET- NO. 216 N. Gay; agreement as to conduits under sidewalk 19 5486 Public street by dedication 22 6645 JANUARY 4, 1911—DECEMBER 31, 1926 125

GENERAL ASSEMBLY— Vol. Page Member cannot be Commissioner for Opening Streets 28 8490 Representation in 22 6650 GENERAL ELECTRIC COMPANY— Liquidated damages should not be retained 17 4793 GENERAL WELFARE— See Police Power. GLENWOOD AVENUE— Private street 22 6632 GOUCHER COLLEGE— Exemption of property used solely for benefit of college 17 4769 GRADE CROSSINGS— See Baltimore & Ohio Railroad Company. Baltimore & Ohio Railroad Company— City to remove obstructions 18 5214 Damages for change in grade not contemplated except on streets named 17 4757 Grade Crossings; duties of City and Company.. 19 5504 Ordinance defective as to opening Annapolis road 21 6106 To pay inspector of work on overhead crossing. 20 5953 Elimination of-^Report on 27 8074 Hamburg and Stockholm Viaducts or bridges— Lighting 18 5221 Hamburg Street; liability for damages,. 19 5605 Lighting of bridges 18 5221 Powers of Cities and States to regulate; extent to which exercised 27 8022 Proposed ordinance (S. B. 308, 1911) relative to damages not desirable 17 4789 Recommendations of Traffic Committee 26 7821 Relocation of sewers, etc 17 4866 Union Railroad Company at Luzerne Street 17 4846 GRADES AND GRADING OF STREETS— See City Surveyor; Streets; Underpinning. By whom to be established 20 5892 Changes of Grades—City not liable for consequen­ tial damages 18 5093 City Engineer may re-establish grades 21 6072 Commissioners for Opening Streets—Grade between curbs only; exception 18 5140 Damages—City not liable for consequential— 18 5093 5166 Damages—In connection with lowering 17 4769 12.6 OlMA'JOA'S OF THE ClTY SOLICITOR

GRADES AND GRADING OF STREETS—Continued: Vol. Page Discretionary with City Engineer; not desirable to fix before City acquires street 20 5729 Establishment of grades by Paving Commission... 20 5887 Provisions relating to establishing grades 20 5875 GRADING— By Annex Commission in excess of $500 19 5601 GRAND JURY— Inquiry as to violation of laws 17 4991 Nuisances—Indictment for 28 8393 GRASS— See Nuisances. GRAVEYARD— See Cemetery. GREASE— Permit required for hauling 24 7179 GREEN SPRING AVENUE— Park property—Condition for conveying 22 6584 Public property of City; conditions for sale of 17 4902 Repair by Park Board 25 7375 GREEN SPRING PARKWAY— Enlarging benefit area 20 5694 Grade of requested; not in public interest, to es­ tablish before City acquires 20 5729 GREENE STREET, LITTLE— See Little Greene Street. GROUND RENTS— Accrued Rentals—Payment of 27 8192 Income from not taxable 18 5041 Owned by City—Sale of 22 6618 Proceeds from tax sales cannot be applied to— 22 6382 6383 GROWER— See Licenses. GUARANTEES— See Contracts; Paving. Contractors required to meet— 21 6231 6249 Paving 21 6152 GUARD RAIL— Along Jones Palls to prevent accident 17 4820 GUILFORD RESERVOIR— Title to and surrounding property 21 6290 GUNPOWDER— See Ammunition. JANUARY 4, 1911—DECEMBER 31, 1926 ' 127

GUNPOWDER DAM— Vol. Page Electric plant suggested at 18 5051 GUNPOWDER WATER SUPPLY— Obligations and powers of City as to other corpo­ rations 19 5570 GUTTER PLATES— Property of Washington, Baltimore & Annapolis Railway Co '. 21 6031 GWYNNS FALLS PARKWAY— Improvements in proposed bed of 17 4974 Ordinances for opening; delay in collecting benefits 27 8236 H HABEAS CORPUS— See State's Attorney. Inmate detained in Bay View as insane 17 4831 HABITUAL DRUNKARDS— See Drunkards. HAMBURG STREET— See Baltimore & Ohio Railroad Company. HAMBURG STREET BRIDGE— Footways abutting on approaches; cleaning of... 19 5464 HAMPDEN-WOODBERRY NEIGHBORHOOD HOUSE— See Appropriations. HAMPDEN-WOODBERRY NEIGHBORHOOD ASSOCIATION— Control over Recreation Centre; rules, etc.— 19 5568 5574 HANGINGS— See Maryland Penitentiary. HANOVER STREET BRIDGE— Approach to—Property offered by Western Mary­ land Railway Company 21 6278 Chesapeake & Potomac Telephone Company—Use of City conduits over 21 6163. City to construct conduits 21 6170 Draw-^Hours to be operated 23 6781 Franchise over—Value of— 22 6384 6392 Poles—Ownership of 24, 7160 Space under end of; riparian rights to 23 6665 HARBOR— See Bulkheads; Ferry; Piers; Port Develop­ ment Commission; Wharf. Addition to wharf— 18 5087 5096 128 OlMSlOMS OF THE ClTY SOLICITOR

HARBOR—Continued: Vol. Page Board to pay for repairs to piers—When— 25 7358 7360 Boats sunk in; removal— 26 7865 28 8329 Bridge over Curtis Bay— 25 7408 7410 Bridge over Stony Creek—Approval by Harbor Board necessary 20 5957 Bulkheads, etc.—Permits necessary 25 7557 Bulkheads—Power of Board to order repairs to.. 21 6255 Crew on tug boat entitled to pay for over-time. .. 23 6735 Dock at Fells Point—Title to 21 6273 Dock Improvement Loan—Use of balance 23 6976 Employees may be under Workmen's Compensa­ tion or admiralty— 26 7866 7870 Excavation beyond approximate amount of contract 18 5136 Explosives—Handling of 25 7620 Franchise or minor privilege charge on reclaimed land to bulkhead line 24 7049 Ice-boat Annapolis owned jointly by City and State 23 6835 Jurisdiction of City over 21 6286 Liability of City for obstructions in 22 6330 Limits of Port—Not safe to define 17 4722 Loan—Widening of St. Paul Street 22 6380 Maryland Motor Boat Club; moving of boats 23 6914 O'Donnell's Wharf—Title to 23 6736 Obstructions—Liability of City 23 6970 Obstructions—Notice of removal 23 6969 Obstructions—Raising of barge'.procedure as to.. 23 6969 Oil—Escape into; liability for 26 7831 Ordinance relating to valid 20 5846 Patapsco River—Taking sand and gravel from— 23 6819 6828 Pier on bulkhead lines 22 6370 Pierhead and bulkhead line established by Fed­ eral Government— 22 6504 6542 JANIJABY 4, 1911— DJ-:CJ-:MBEB 31, 1926 129>

HARBOR—Continued: Vol. Page*' Piers— - Cannot extend beyond line fixed by ordinance.. 18 509$ ir Franchise for Extension of— 22 6342, 6346. Minor privileges 24 7065 Ordinance necessary for 22 6542, Repairs by lessees 25 7362; Powers and duties of Board 21 6273, Refuse—Throwing in— 25 7363 7374 Riparian rights on Harris Creek 22 6342 Speed of vessels 23 6975. State appropriations for "Ice-boat," etc 23 6711 United Railways & Electric Company—Claim to O'Donnell's Wharf 23 673S Vessels—Speed of 23 6975. Wrecked Yacht—Removal of 26 7865. HARBOR BOARD— See Harbor. Condemnation of property without ordinance 18 5163: Contractors—Payment of 75% of 20% retained by City 17 4752; Contractors—When proper to pay 90% of 20% re­ tained by City 17 4729; No power to interfere as to removal of vessel moored at private pier, etc 18 5048. Park Board cannot convey property to 18 5134: Park Board cannot transfer jurisdiction of part of 17 4725. Plans for improvement of water front—Powers re­ lating to 17 4737 President of Board has right to vote on all ques­ tions 17 4726. Refuse from vessels; criminal prosecution for vio­ lation of ordinance 17 1837 Vessels—No power to interfere relative to removal from private pier 18 5048 HARBOR LOAN— Use of funds for widening St. Paul Street 21 6017 HARFORD AVENUE— Paving; sidewalks 17 4964 HARLEM SQUARE— Park Board has jurisdiction of sidewalks around. . 21 6281 HARMON ALLEY— Title to 21 6272. 130 Oi'iNichN's OF THE CITY SOLICITQH.

HARRIS CREEK— ' Vol. Page City owns riparian rights on 22 6342 HEALTH— See Births; Garbage; Health Dept; Milk; Nuisances; Plumbing; Sewers; State Board of Health; Vaccination. Abatement of nuisances on private property 26 7988 Ambulances—Drivers must obey traffic ordinances, etc 22 6630 Birth and Death Certificates—Conditions as to issuing 25 7520 Birth certificate where State law requires 21 6230 Burial Certificates—Requirements as to 23 6974 Children—Non-co-operation of parents; order of Juvenile Court 23 6931 Commissioner of— Authority over tenements— 17 4744 4753 Authority to order private alley paved to abate nuisance 17 4728 May keep child in Sydenham Hospital until en­ tirely well 20 5869 Medical examiners for school children 17 4956 Need not disclose result of diagnosis 18 5080 Communicable diseases—Report from hospitals, etc. 21 6044 Contagious Diseases— Placard on apartment— 21 6059 6060 Prevention of 22 6507 Reports of 19 5525 Dead-—Use of ice boxes to preserve 26 7785 Department records not open to public for private enterprise or gain 21 6041 Diseases—Reportable 23 6699 Diseases reportable—Ordinance necessary to pre­ scribe 22 6592 Foodstuffs; right to enter to examine sanitary con­ ditions 19 5404 Garbage Disposal Plant—City cannot issue stock on order of State Board of Health— 25 7413 7430 Harbors—Conditions affecting public 21 6287 Infantile Paralysis—Preventing spread of 22 6507 Leprosy—Not contagious in this climate 17 4843 Meats—Power to control use of preservatives.... 20 5883 JANUAKY 4, 1911 —DKOJCMBKB 61, 1926 131

HEALTH—Continued: Vol. Page Mosquitoes—Removal of grass, etc 22 6521 Nuisances— Abatement in markets 22 6335- Abatement of— 21 6274 22 6351 6352 6353 Notices to abate 18 5303 Placard—Apartment in case of contagious disease ; 21 6059 6060. Plumbing—Commissioner of Health has power to make regulations for 17 4918 Poisonous Gas—Prohibiting sale of 26 797a Power of Commissioner to condemn milk from cows fed on garbage, etc 18 5303- Privy Well—Permit for 25 7624 Publications—Distribution by nurses 26 772T Quarries—Fence around 26 7681 School Children—Examination of 24 7224 Sydenham Hospital—Contagious diseases which may be treated in 26 7971 Tuberculosis—Reporting cases— 22 6591 6616 Typhoid carriers 22 6432 Undertakers—Use of infected draperies, etc 22 6358 Unhealthy substances on streets—Penalty— 21 6027 6028 Wardens—Work not limited to respective wards. . . 24 7010 Water condemned as unfit 21 6248 Water—Control of by State Board of Health 24 7004 HEALTH COMMISSIONER— See City Chemist. HEALTH DEPARTMENT— See Health. Badge—Official 25 7546 Commissioner—Powers of 24 7169 Death Certificates—When to be furnished free 24 7136 Permits for hotels, etc 24 7265 Police protection in enforcement of orders— 22 6455 6456 Sewers—Obstructions in— 18 5172 5173 I

132 OPINIONS OF THE CITY SOLICITOR

Vol. Page HEALTH WARDENS— Duties o£ , 17 4968 Must be residents o£ wards for which appointed.. 24 7107 Under control of Commissioner 24 7010 HEATING LINE— Cost of bracing railway tracks while repairing— 28 8339 S340 HEBDEN, EDWIN— Pension under Teachers' Fund and Retirement System ' 28 8363 HEBREW ORPHAN ASYLUM— Loan of school books for use of backward school children 17 4827 HEDGE— See Walrad Avenue. Authority to remove 26 7916 HEIGHT OF BUILDINGS— See Buildings. HENRIETTA STREET— Closing—Damages 18 5025 Closing in connection with Baltimore & Ohio grade crossing— 17 4847 4855 Title to bed of part of— 19 5521 5526 — Condemnation for sewer and drainage purposes.. .27 8242 HIDES— House for curing prohibited -27 8282 HIGH PRESSURE PIPE LINE— See Fire Department; Pipe Line System. HIGH SCHOOL DIPLOMAS— Signing of 26 7677 HIGHWAYS— See Streets. HIGHWAYS ENGINEER— Private drain—Repairing 18 5113 HILLEN STREET— Suggested widening 17 4983 HILTON STREET— Strip of land in bed of—Title to 21 6266 HOGS— Keeping of in City 19 5622 JANUARY 4, 1911—DECEMBER 31, 1926 133

Vol. Page HOLIDAYS— Election day is school holiday 26 7968 Municipal—Tax sales on 17 4896 Primary elections not legal holidays 17 4866 Resolutions to pay day laborers for illegal. 20 5796 Saturday afternoon not holiday within meaning of Parking Ordinance 25 7540 HOLLE1V STREET— Status of; paving 28 8452 HOME FOB INFANTS— See Infants. HOME FOB WORKING GIRLS— Fire gongs not required in ". 20 5778 HOME RULE— Amending charter under 28 8456 Power of City under 25 7382 Power to establish Unicameral Council 24 '7134 Powers of City under— 24 7148 7154 7210 Reference to 28 8433 HOME BULE CHARTER— Not validly adopted 23 6933 Validly adopted 23 6954 HORSE— Injury due to smooth street; City not liable 17 4988 HOSPITAL LOAN— Ordinance—Advertisement of 23 6952 HOSPITALS— See Bay View; Detention Hospital; Health; Municipal Hospital Commission. Care of accident patients 17 4814 Garages near 22 6624 Maternity—License for 27 8162 Ordinance for establishment of 27 8300 Ordinance necessary for— 27 8008 27 8189 Skin and Cancer Hospital—Ordinance for 21 6289 Water Rents—Basis of rates 18 5059 HOSTLER— See Police. HOTEL RALEIGH— Electric Sign; ordinance for 24 7094 134 OPOIOKS OF THE CITY SOLICITOR

HOTELS— Vol. Page See Rooming Houses. Permits for 24 7265 Permits for; removal; revocation 26 7794 Removal of ashes, etc., from 19 5451 HOUSE OF DELEGATES— Power of investigations, e. g., Police Department.. 23 6716 HOUSE NUMBERS— Power to fix 28 8433 HOUSES— Numbering—Authority to change 27 8202 HOWARD STREET— United Railways & Electric Company—Paving be­ tween tracks 20 5754 HUCKSTERS— See Licenses. Selling own produce— 20 5920 5926 HUNTINGDON AVENUE— Paving by United Railways & Electric Company— 18 5207 5209 i ICE— Sale on Sunday— 20 5964 5966 ICEBOAT ANNAPOLIS— Repairs—Contract for 23 6986 Repairs to; contract after advertising 23 6972 State and City own jointly 23 6835 ICE-BOATS— See Harbor. » ICE BOXES— To preserve dead before burial 26 7785 IMHOFF TANK— See Sewers. IMMIGRANTS— Schools—Entitled to attend if residing in City 21 6068 IMPORTS— Taxation of 27 8177 IMPROVEMENTS— See Streets. Restrictions, etc., not to be based on aesthetic con­ siderations 19 5483 JANUARY 4, 1911—DECEMBER 31, 1926 135

Vol. Page INCOME TAX— Baltimore County Water Company Bonds—Liability of City 26 7903 Compensation of Auditor exempt from 26 7718 Salaries of City and State officials exempt from.... 24 7236 INCORPORATED TOWNS— Meaning of term 23 6724 INDICTMENT— Method to recover penalties 19 5375 INFANTILE PARALYSIS— See Health. INFANTS— See Children. Home for—License may be revoked 20 5922 INJURIES— See Damages; Horses. Employees injured by third party—City not liable for lost time 20 5929 Liability of City 22 6312 Liability of City where employee injures another through negligent operation of his own auto­ mobile 26 7723 INQUEST— See Coroner. Bill of chemist— 21 6077 6117 INSANE— See Bay View Asylum; Supervisors of City Charities. City liable for those committed for Annex...... 24 7036 Considered sane until legally adjudged insane.... 19 5589 Form of Commitment 18 5137 In Bay View Asylum—No claim against State for.. 22 6328 In Bay View Asylum—-State does not provide for.. 25 7572 Notices to be served as if sane until adjudged insane 19 5589 Ordinance necessary for Asylum for 17 4765 Removal of insane convicts from Jail to Bay View 17 4747 Removal of person from City Jail—Cost of 22 6312 Return of non-resident 24 7185 State only cares for in State institutions 25 7573 INSPECTION FEES— See Conduits; Milk. Repairing railroad tunnel 22 6333 136 OPINIONS OF THE CITY SOLICITOR

Vol. Page INSPECTIONS— See Elevators; Moving Picture Theatres. Pipes under railroad tracks; fees 22 6460 Transfer of electrical to Underwriters— 28 8427 8428 INSPECTOR OF BUILDINGS— See Buildings; Bureau of Buildings. Building Code—Responsible for enforcing 18 5058 Contractor in default, may complete work by day labor , 18 5054 Permit on private street 17 4733 Public Improvement Commission to turn completed buildings over to— 26 7807 7808 Responsibility as to construction of City building 26 7849 School Buildings—Authority as to repairs, etc.— 19 5370 5380 INSURANCE— See City Property; Fire Department. City Comptroller not authorized to insure green­ houses, etc 17 4852 City employee as agent of Company placing in­ surance on City property 26 7780 City property—Ordinance relating to 21 6284 Group insurance for teachers—Not authorized.... 26 7784 Piers—Structures on to be insured 17 4745 INSURANCE COMPANIES— See Elevators. Right of Appeal Tax Court to secure list of stock­ holders of foreign company 25 7609 INSURANCE FUND— Item in Ordinance of Estimates; use of 23 6681 Ordinance relating to 21 6284 Proposed ordinance to create 19 5583 INTANGIBLE SECURITIES— See Securities; Taxation. INTEREST— See City Stock. On City's share of motor vehicle receipts 26 7736 INTERSTATE COMMERCE— See Taxation. Not subject to taxation while in transportation.... 27 8102 INTESTATE ESTATES— See Schools. JANUARY 4, 1911—DECEMBER 31, 1926 137

INVESTIGATIONS— Vol. Page Charge to be paid by owner, when 18 5138 INTEREST RATE— .See City Stock. IKON PLATES— See City Property.

J JAIL— See City Jail. JAIL BOARD— See City Jail. JENKINS LANE— Flooding in; liability of City 17 4903 JENKINS RUN— Use by Walpert Co 21 6238 JEW OR APPLE ALLEY— Closing of 20 5763 Public highway 21 6096 JITNEY ORDINANCE- BUS running in County not under 21 6192 JOHN STREET— Under deed must continue to be used as street.... 21 6131 SCHOOL FOR COLOR­ ED CRIPPLED CHILDREN— Assignment of school teacher to. 21 6244 JONES FALLS— See Commission on City Plan; East Falls Ave­ nue; Falls way. « Bridge—Right of Mt. Vernon Woodberry Mills to erect 22 6369 .City rights in— 19 5383 5385 Conduits of Chesapeake & Potomac Telephone Com­ pany under— 18 5149 ..' 5158 5161 Deed to use water of— 21 6060 6074 Discharge pipes into; right to 17 4926 Fence necessary for protection 17 4948 Highway over; removal of obstructions— 18 5269 5271 138 OPINIONS OF THE CITY SOLICITOR

JONES FALLS—Continued: Vol. Page Method of securing property for 18 5157 Obstructions—Removal of 18 5304 Opening in conduits for gas pipes, etc 17 4984 Ordinance for constructing Fallsway 18 5100 Ordinance for highway over and along— 17 4867 4876 4887 Parking scheme—No need for 19 5405 Pennsylvania Railroad Company—Cannot fill in— 21 6060 6074 Property overlapping; rights of owner 18 5323 Purchasing of City's rights by P. W. & B. R. R. Co. 19 5383 5385 Railing along wall for protection 17 4820 Removal of wall of building; claim for damages. . 18 5272 Title in City 18 5125 Title to bed of— 21 6060 6074 Title to bed in City .. 23 6731 Use of water shed above Lake Roland for genera­ ting electricity 21 6173 Water right—Merely premission of City 18 5125 JONES FAILS LOAN— Unexpended Balance—Use of— * 22 6623 6627 JOPPA ROAD— Public highway 21 6099 JOURNALS— Cannot nullify Act of Legislature 18 5232 JUDGMENT— Against City; claims of creditors 19 5418 JUNK DEALERS— State license 22 6598 JUSTICES OF THE PEACE— See People's Court. Cannot retain fee 21 6191 Fines—Return of; failure to do so 23 6949 Jurisdiction limited 28 8487 Salary; condition for payment— 19 5558 5560 JUVENILE COURT— Probation officers; stenographer 17 4975 JANUARY 4, 1911—DECEMBEK 31, 1926 139 K KELLY AVENUE— Vol. Page Grading—Liability of City 27 8233 KENWOOD AVENUE— Fences; removal of 18 5252 KERMAN HOSPITAL & INDUSTRIAL SCHOOL— Power of School Board to assign teacher to 17 4800 KEY HIGHWAY— First section—Omission of benefits mistake 19 5599 Grades—City Engineer may re-establish 21 6073 Railway—Operation of 21 6177 Railway tracks on 21 6177 Specifications'for paving first section 19 5459 Steps—Removal of 21 6240 KILNS— See Brick Kilns. KIOSK— On Howard Street—Electrical connection for 21 6285 KNAPP INSTITUTE— State appropriation for 22 6538 KNIGHTS OP COLUMBUS HOME— License not required 27 8213

L LABOR— See Eight Hour Law. LABOR BUREAU— Act of 1912 providing that City pay salary of phy­ sician invalid 18 5343 Child Labor—Physician to examine children— 19 5371 5385 LABORATORY COMMITTEE— Claim for work done for Public Improvement Com­ mission 27 8061 LABORERS— See Current Rate of Wages. City not liable for injuries to 20 5849 LAMPS— See Lamps and Lighting. • LAMPS AND LIGHTING— See Contracts. City to place on Pier No. 2 19 5644 Gas—Method to determine gas consumption 28 8358 Gas Company to be paid for changing materials— not the materials themselves— 19 5685 20 5686 140 • OPINIONS OF THE CITY SOLICITOR

Vol. Page LAMPS AND LIGHTING—Continued: Lamps— Connections with conduits i ; 22 6556 Contractors to replace wrecked or broken...... 25 7345 Power to locate where deemed proper 19 5494 Removal of— 18 5127 5128 Superintendent to determine where to be placed 18 5140 Names of Streets—Superintendent has no power to change 17 4719 Overhead Crossing—Lights on 17 4895 Poles in private alleys 22 6438 Poles; location of— 22 6400 6421 Removal or transfer of lights—Cost of 21 6096 Riser Pipes—Removal of 17 4807 Specifications for electric current 17 4808 Specifications may be changed since Gas Company is only bidder 17 4764 Trolley poles to be moved for lamps 17 4857 White Way lamps; purchase out of general appro­ priations 24 7293 LANDING FIELDS— Power to provide '. 23 6930 LANDLORD— See Nuisances. LATERAL SEWERS— See Sewers. LATROBE PARK— Power to sell part of 22 6433 LAUNDRIES— Exemption or not under Ordinance No. 462, 1919— 24 7197 7202 7208 7212 Not within class of prohibited or restricted classes of buildings 25 7552 Permit necessary to construct or alter building for use of 25 7560 LAW DEPARTMENT— Duties of • 26 7683 LAWRENCE STREET— Baltimore & Ohio tracks on 20 5743 JANUARY 4, 1911—DECEMBER 31, 1926 141

Vol. Page LEADENHALL STREET— Flooding due to defect in sewer— 17 4881 4885 LEASES— See City Property; Commissioners for Open­ ing Streets; Ground Rents. ii i Conduits—Construction of 23 6768 Definite term; notice not necessary for termination 28 8406 ' Expiration of on property condemned for street; time for appeal 18 5307 Of rooms by City for year and holding over, become tenant from year to year 20 5739. LECTURER— When license necessary 21 6040) LEDDEN, JOHN S.— Act to pension void 19 5360 LEE STREET— Viaduct in connecting with Baltimore & Ohio grade crossing— •. 17 4848 '. 4854. LEE STREET BRIDGE— Removing sewer; cost to be paid by Baltimore & Ohio Railroad Co 19 5504': LEGISLATIVE REFERENCE, DEPARTMENT OF— Duties, etc 17 4971 LEGISLATURE— See General Assembly. , Representation of Baltimore City in 22 6650' LEPROSY— Not contagious in this climate 17 4843. LETTERHEADS— Uniform design 19 5412: Uniform style not necessary 19 5409* LEVY— See Taxes. LEXINGTON STREET— Tunnel under; contractor to protect street 20 5749 LEWIN AVENUE— Lateral connections under deed for sewer 17 4732 LEXINGTON MARKET— Fish Market—Limits fixed— 17 4891 4906 Limits decreased on Eutaw Street 17 4779 142 OPINIONS OF THE CITY SOLICITOR

Vol. Page XIABILITT— See Claims; Contracts; Damages. For injuries—When City is liable for 22 6312 Harbor—City not liable for certain obstructions in 22 6330 Loan of ladder and firemen 28 8304 "Where City has failed to take protective precautions 27 8012 XIBRAREES— Branch Libraries—Carnegie Fund 18 5324 XICEtfSES— See Automobiles; Billboards; Embalming; En­ gineers; Liquor Licenses; Market Licenses; Motor Vehicles; Refunds. Apportionment of fees— 24 8458 8459 8484 . Bacon, cheese, etc.—Flat rate 28 8484 Baseball—Automatic game; no license necessary 22 6632 Bernheimer's—Auditorium 21 6167 Bowling Alleys—Assent of property owners 19 5390 Bread—Peddlers license not necessary 23 6669 Buggies 19 5607 Carousel—Not permitted 23 6686 Children—Not to be issued to 19 5549 .Circus— 20 5S90 22 6423 "Dances—Not given for gain 18 5091 Dances where admission is charged 19 5443 Dancing academies 20 5849 Dogs— Exceptions. 22 6378 Flat rate— 28 8458 :.. 8484 rFor average number on hand 20 5894 Hopkins Hospital 22 6606 In New Annex 23 6907 Penalty 18 5251 Employment Agency— 22 6597 28 8484 Employment Bureau 25 7615 Entertainment 21 6166 Exhibition of living animals 21 6157 JANUARY 4, 1911—DECEMBER 31, 1926 143

LICENSES—Continued: Vol. Page Farmers selling own vegetables or produce— 18 5191 5195 5196 22 6617 Flat rate— 28 8458 8459 8484 For selling country produce IS 501& Grower of vegetables— 18 5191 5195> 5196 Grower selling own produce 19 5519 Hawkers—If not selling own produce 22 6617 Home for Infants—Power to revoke license 20 5922 Huckster 19 5519 Huckster; delivering produce on order only does not make one a huckster 19 5442; Hucksters selling own produce in market 19 5384 Hucksters selling own produce— 20 5626. 5520. Indoor baseball 22 6578: Junk dealers—State license 22 6598 Lecturer—When license necessary 21 6040' Market Stall—Liability for rent for preceding year 18 5013 Markets—Ordinance relating to 19 5536' Meat—Sale of '. '27 . 8199' Merry-go-round in amusement park 25 7599' Motor Vehicles—City cannot impose 18 5034! Moving Pictures—Ordinance necessary 24 7180» National Guard exempt for dances, etc 21 6104 Not necessary for dances, etc., not given for gain 18 5091 Oysters—Selling from can or bucket 19 5387 Pathescope 21 6167 Pawnbrokers— 22 6577 28 8484 Pawnbrokers—Refund not allowed— 25 7575 7582 Pawnbrokers—Transfers of. . . . 20 5992 Peddler 18/ 502a Peddler—Not needed to sell bread 23 6669 144 OPINIONS OF TIIK CITY SOIJCUTOK

LICENSES—Continued: Penny weighing machines 18 5167 Poles— 28 8458 8459 8484 Poles—In New Annex 23 6906 Pool table; rent charged for room 19 5414 Pool tables—Transferable to new location 20 5898 Poor Woman's—Ordinance to regulate 25 7457 Producer selling own vegetables— 18 5191 5195 5196 22 6617 Receipts from motor vehicles; City's share 18 5319 Refunds. . 20 5961 Rooming Houses, etc., not applicable to benevolent institutions, etc 27 8212 Rooming Houses—Revocation of permit 25 7512 Sale on street of peanuts, etc 25 7604 Sausage 28 8484 .Shooting Galleries and Penny in Slot Machines... 17 4924 Store (Traders) 22 6648 Street vendors 19 5647 Street Vendors—Badges, etc 18 5106 ;Stiggestions for revising ordinance 17 4928 ;Swings and Merry-go-rounds— 25 7391 7437 'Theatres '. 28 8485 Traders—Selling goods from hotels 18 • 5224 Traveling Salesmen—Exempt 18 5224 "Vehicles— 28 8458 8459 8484 Vendors of ice, bread, etc.— 19 5649 5650 5651 Wagons— Farmer not using streets regularly 19 5384 :Hired to Postoftice subject to 18 5067 Occasional use of streets by non-resident 19 5387 Two-horse wagon used later as one-horse 22 6572 Used on streets 19 5647 When farmers do not need 22 6617 JANUARY 4, 1911— DECEMBER 31, 1926 145

LICENSES—Continued: Vol. Page Warehouse—City exempt from 26 7799 Warehouse—Does not apply to City warehouse... 27 8005 LIENS— •See Benefit Assessments; Bureau of Liens; Special Assessments; Taxes. Alleys—Paving; when attach— 24 7244 7252 7253 Bureau of; item omitted from certificate— 22 6452 6465 Certificate from City; effect of 23 6700 Certificate of; item omitted— 22 6452 6465 City should not waive 26 7955 Cost of abating nuisances 22 6456 For sewer connection without proper notice 22 6449 Items omitted from City certificate— 22 6589 23 6704 Nuisance abatement bills not on lien certificates; procedure 26 7740 Paving assessment is lien on property 23 6737 Paving private alleys—When attach 23 6744 Paving sidewalk prior to passage of ordinance— 24 7092 7096 Water rent is lien against property— 20 5856 23 6820 Water Rents—Same as taxes 23 6851 28 8383 Wharfage charges are lien against lumber 26 7880 When certain liens attach— 24 7244 7253 LIFE INSURANCE— City Employees—Power of City to insure— 25 7131 , 26 7784 LIFE TENANT— See City Stock. LIGHT STREET— Title to property at foot of 21 6276 Widening and placing tracks in center of street.. 19 5623 146 OPINIONS OF THE CITY SOLICITOR

LIGHT STREET (MARSHALL AVENUE AND FERRY POINT ROAD)— Vol. Page Is a public highway 21 6090 LIGHTING— See Electricity; Lamps and Lighting. LIGHTS— See Lamps and Lighting. LIMITATIONS— See Claims; Taxes. As to return of election deposits— 21 6300 6303 Claim barred by 24 7124 Does not apply to assessment for paving sidewalks— 26 7967 7975 7991 Pour years for taxes; date of levy 19 5507 Liability of surety and contractor 21 6145 On claims against City 22 6313 LIMITS OF DIRECT TAXATION— Meaning of 27 8191 LINDEN AVENUE— Damage to property at No. 2624 17 4837 United Railways & Electric Company—Obligations as to paving, etc 20 5714 LIQUIDATED DAMAGES— See Damages. For delay in completing contract— 19 5494 21 6029 6048 LIQUOR LICENSE BOARD— Payment of bills of 22 6514 LIQUOR LICENSES— Refund—Act for invalid 25 7380 LITTLE GREENE STREET— Additional land not needed ' 19 5407 LITTLE SHARP STREET— Public street by dedication 20 5924 LOANS— See City Stock; Paving Tax; Schools; Stocks, Loans and Finance— Provisions relating to 20 5941 Receipts for property to secure, not taxable...... 27 8108 Short time obligation in anticipation of special paving tax 21 6241

\ i JAXUARY 4, 19.11—-DECEMBER 31, 1926 147

LOANS—Continued: Vol. Page Use of balances; conditions as to— 23 6976 6977 6978 LOCAL LAW— Definition of 23 6886 LOCH RAVEN— See Water. LOCH RAVEN DAM— See Water; Public Improvement Commission. Electricity from waste water 21 6236 LOCOMOTIVES— See Smoke; Whistles. Permit for temporary use on Monument Street in­ stead of horses 20 5698 Use of soft coal; power to prohibit 20 5771 LODGING HOUSES— See Tenements. Permits for 24 7265 LOST CERTIFICATES— See City Stock. LUMBER— See Wharfage. City not liable for, on City wharf 18 5100 Increase in wharfage rates for storage 26 7713 LUNACY COMMISSION— See Insane. LUNATICS— See Insane. LUZERNE STREET— Union Railroad to build bridge over....' 17 4846 LYING-IN HOSPITALS— See Hospitals.

M MACHINE SHOP— Changed grade of occupancy under Building Code. . 17 5001 Operation a nuisance; remedy 18 5291 MA1ER AVENUE— Not public street 27 8256 MANHOLES— See Sewerage Commission; Sewers. MANUFACTURERS— Sec Taxation. Act authorizing exemption of all personal property— 18 5318 5324 148 OPINIONS OF THE CITY SOLICITOR

MANUFACTURERS—Continued: Vol. Page Discharge of waste matter into sewers 18 5067 Exemption from taxation— 22 6576 23 6889 Tax exemption—Claim for brick kilns 27 8110 Water rents; power to grant special rate 18 5324 MANUFACTURING PLANTS— See Commission for; Factory Site Commission. MAPS— See Condemnation Maps; Zoning. MARINE HOSPITAL PROPERTY— Land formerly covered by water; property of abut­ ting owners 19 5491 MARKET LICENSES— Refund proper when deprived of use of stand 17 4779 MARKETS— See Licenses. Centre Market—Application for extra fish stalls.. 26 7722 Cleaning of—Ordinance relating to 19 5536 Cooking—Roasting peanuts not 19 5519 Cooking in Broadway—Special ordinance for.... 24 7089 Eutaw Street—Stands on west side 18 5294 Hollins Market—Transfer of license certificate 27 8037 Hours for removing wagons, effects, etc 18 5337 License certificate—Transfer 27 8037 Licenses and Rents—Increase in 26 7838 Licenses and Rents—Suggested increase in 26 7274 Licenses not deductible from tuition fees 28 8397 Merchandise—Sale by poor women 19 5595 Movable Stall—Loss of right to 18 5174 Ordinance relating to rents and licenses 19 5536 Per diem charge 18 5197 Poor woman's license—Proposed ordinance to reg­ ulate 25 7457 Poor women—Sale of merchandise in 19 5595 Power to prohibit railroad cars passing through during market hours 20 5771 Roasting peanuts not cooking 19 5519 Sale of sausage and bacon .\ 24 7101 Sausage—Sale of 24 7101 Stalls—Abatement of nuisances in 22 6335 Blocking access to abutting property; legal dur­ ing market hours— 24 7041 7047 Extend to curb line 24 7105 Loss of 'ownership in 18 5174 JANUARY 4, 1911—DECEMBER 31, 1926 149

MARKETS—Continued: Vol. Page Sale of 25 7645 Sub-letting 24 7184 Transfer of movable 25 7537 Two classes 26 7875 Statistics; cost, income, etc 25 7644 Storage of building material—On streets of— 25 7669 7671 Wholesale Fish Market—Application for extra stall. 26 7722 MARQUEES— See Minor Privileges. Requirements as to 19 5623 MARSHALL AVENUE (LIGHT STREET)— Is public highway 21 6090 MARYLAND AGRICULTURAL COLLEGE— Scholarships for 21 6173 MARYLAND CODE— See Public General Laws. MARYLAND COLOR PRINTING COMPANY— Privileges desired, requires ordinance— 18 5125 5133 MARYLAND ELECTRIC RAILWAY COMPANY— Abandonment of track on Russell Street 25 7405 Park tax on gross receipts 18 5309 Subject to special paving tax 18 5310 MARYLAND HISTORICAL SOCIETY— Building, etc., exempt from taxation 23 6776 MARYLAND INSTITUTE— See Appropriations. MARYLAND MOTOR BOAT CLUB— See Harbor. MARYLAND PENITENTIARY— Hanging—When City to pay cost of 28 8387 MARYLAND SCHOOL FOR BOYS— Appropriation for; authority of City— 17 4961 4963 Charges against City for boys committed to 25 7532 Payments by City for boys committed from 24 7014 MARYLAND TRUST BUILDING— Additional se.wer connection need not be provided. 18 5094 MATERIALS— See Contractors. MATERNITY HOSPITAL— See Hospitals. License for 27 8162 150 OPINIONS OF THE CITY SOLICITOR

MATHEWS STREET— Vol. Page Proposed closing of 20 5923 MATTFELDT AVENUE— Dedicated street .' 26 7977 MAYOR— See Newspaper Stands; Officials; Permits. May vote as member of Paving Commission 17 4967 Permit—Power to revoke 25 7425 Person to act as Mayor in absence of 27 8104 Power to appoint and remove officials 26 7679 Power to remove or dismiss officials 19 5363 Signing of bonds of contracts; Comptroller may sign instead 18 5308 Theatre—Cannot cancel permit for 23 6874 MEAT ORDINANCE— Construction of provisions 27 8199 License fees to be paid into City Treasury 26 7920 MEATS— License for sale of 27 8199 Use of preservatives 20 5883 MEDICAL EXAMINERS— See Schools. MEDICAL SCHOOL EXAMINERS— Health Warden may perform duties of 17 4968 MEDICINE— Selling on streets 23 6910 MERIT SYSTEM— See Civil Service. MERRY-GO-ROUNDS— See Licenses. Prohibited by ordinance 23 6686 METERS— See Water. MEXICAN PETROLEUM COMPANY— See Bulkheads. Taxation of 27 8177 MIDWIFERY— Term construed 20 5700 MILK— Commissioner of Health can fix bacteriological standard— 18 5203 5204 Condemning milk from cows fed on garbage; power of Health Commissioner 18 5303 Containers—To be clean 24 7337 Dairy farm—Permit 25 7652 Fees for pasteurizing and selling 23 6703 JANUARY 4, 1911—DECEMBER 31, 1926 151

MILK—Continued: Vol. Page Grading of 25 7397 Health Department cannot regulate character of milk furnished by hospitals, boarding houses, etc 20 5738 Inspection fees— 23 6690 6698 Ordinance valid; enforcement of 23 6733 Pasteurization of 21 6147 Permit to handle; Health Commissioner may revoke 19 5482 Permits—Revocation of 23 6958 Permits to sell—Revocation of 25 7548 Requirements for shipment into City..- 26 7715 Sale in bottles required 23 6763 Sale on Sunday— 20 5964 5966 Vacant lot for exercise of cows 19 5680 Wagon—Name of dairy owner or trade name on.. . 21 6116 MINE BANK LANE— Public highway; encroachment on 22 6467 MINISTERIAL DUTIES— May be delegated as general rule 17 4857 MINOR PRIVILEGES— Applicable where curb is removed and sidewalk is used as driveway 20 .5704 Application and granting of permit waives prior rights 23 6746 Areaway 20 5953 Authority of Board of Estimates to grant— 24 7127 7131 Awnings 21 6264 Awnings—Permit must be granted by Board of Estimates 23 6655 Board of Estimates may revoke 19 5479 Bow windows—Board of Estimates may grant.... 21 6251 Bow window on Howard Street 27 8054 Court decision relating to 23 6722 Decision of Court—Effect of 23 6774 Distinction between and franchise 21 6268 Drain under Twenty-ninth Street 20 5801 Encroachment on sidewalk—Permit necessary.... 23 6793 Encroachment on street never gives title 22 6592 Existing rates to be charged for all privileges.... 27 8048 Flag—Permit for electric 22 6620 Flag Pole—Permit by resolution revocable 22 6612 I

152 OPINIONS OF THE CITY SOLICITOK

MINOR PRIVILEGES—Continued: Vol. Page Grants are subject to right of City to use streets for public purposes 23 6768 Harbor—-Reclaimed land to bulkhead line 24 7049 In New Annex 23 6855 Marquees— 19 5623 20 5953 Mexican Petroleum Company—Agreement as to dumping behind bulkhead 26 7860 Newspaper stands— 20 5753 5799 Newspaper stands, etc.; permits and charges— : 21 6026 6031 Ordinance cannot grant 23 6992 Owner to remove own machinery, etc., to make way for public improvements 23 6768 Payment of overdue charges as condition for grant­ ing another permit 26 7776 Peanut stands—Charges for 21 6031 Permits from Board of Estimates 23 6688 By resolution revocable 22 6612 Expiration of 23 6730 Necessary 23 6778 Revocable at any time 22 6595 Which may be revoked 23 6722 Piers, reclaimed land, etc 24 7065 Power of Board to grant; ordinance cannot curtail. 23 6911 Power of City to remove encroachments 23 6942 Revocation of permits 21 6267 Refund for areaway 27 8219 Refund for excess rates 27 8048 Refunds—How made 27 S084 Rights of temporary nature— 22 6643 6647 Selling fruits, etc., from wagon 26 7698 Show window—Repairing does not make owner liable for tax 23 6971 Steps—Revocation of permits 21 6267 Storm water drains 22 6426 Vaults—Permits to Hotel Caswell revocable 22 6611 MINORITY PARTY— Representation on municipal boards— 20 5923 28 8342 JANUARY 4, lflll—DKCKMBKH 31, 1926 153

MINORS— Vol. :Page Female under 18 cannot transfer certificate of City stock 19 5642 MIXED BLOCK— See Segregation Ordinance. MONOPOLY— See Patented Article. MONTICELLO DISTILLING COMPANY— Claims for damages in removal of wall 18 5272 MONUMENT STREET— Temporary use of locomotives on 20 5698 MORIARITY, PATRICK P.— Act to pension invalid 26 7886 Ordinance to pension invalid 26 7910 MORTGAGE— See City Property; Mortgage Certificates. MORTGAGE CERTIFICATES— Assignments and policies of guaranty taxable.... 28 8371 Taxable 26 7778 Taxable in hands of residents 27 8007 MORTGAGE COMPANIES— Certificates are taxable 26 7778 MOSQUITO ORDINANCE— Violation of 22 6428 MOSQUITOES— Prevention of 23 6682 Removal of grass, etc., to prevent 22 6521 MOTHERS' PENSIONS— Relation to Act of 1916 22 6500 State appropriation 22 6547 MOTION PICTURES— See Moving Picture Theatres. Alterations in building already used for—Ordi­ nance not necessary 28 8357 MOTOR— See Electrical Work. MOTOR BUS LINE— Franchise or license for operation of 21 6118 MOTOR BUSES— Franchise or license in Crisfield 21 6064 MOTORCYCLES— Tandem riding—Ordinance necessary to prohibit 20 5996 MOTOR TRUCKS— See Motor Vehicles. MOTOR VEHICLES— See Automobiles; Gasoline Tax; Licenses; Trucks. Accident due to 21 6145 City Cars—Titles to 24 7228 154 OPINIONS OF THE CITY SOLICITOR

MOTOR VEHICLES—Continued: Vol. Page City's Share— Interest on 26 7736 Provision in State Budget 26 7760 Of licenses must be appropriated before being spent 20 5745 City's vehicles exempt from license fees 23 6705 Federal taxes on City purchases , 27 8006 Fire Department Vehicles—Drivers of 23 6951 Injuries by—Owner liable; -when— 22 6323 6324 Licenses—City vehicles exempt 23 6705 Licenses, speed, etc., regulated by State law 23 6944 Parking of 21 6204 Section 116 of Article 35 applicable to 19 5456 Standing on streets—Ordinance relating to 21 6204 Titles—City to pay for on own cars 24 7228 Trailers—Prohibited if over ten tons— _ 28 8367 ' 8368 Trucks—City inspection fee invalid 22 6590 Trucks—Ordinance relating to; State law 22 6492 TJ. S. vehicle not subject to license 22 6449 Use of streets—Power to regulate— 21 6193 6196 War tax to be paid by City on purchases of trucks 23 6947 MT. ROYAL RESERVOIR— Removal of water mains 26 7796 Use as swimming pool—No reversion of title 21 6127 MT. VERNON AVENUE— Confusion as to proper name 17 4719 MT. VERNON WOODBERRY MILLS COMPANY— Bridge over Jones Falls 22 6369 MOVING PICTURE THEATRES— Application of ordinance relating to 19 5533 Board of Censors—Powers as to advertisements of Alms 25 7349 Inspection—No sliding scale of fees for 24 7266 New ordinance necessary where property changes1 hands 21 6285 Ordinance for, not availed of; purchaser to get new ordinance 23 6765 Ordinance for theatre 22 6358 Ordinance not applicable to theatres 19 5523 Ordinance only applies to buildings and not to va­ cant lots with fences, screens, etc 17 4802 A.NUARY 4, 1911— DKCKJIBKH 31, 1!>2«

MOVING PICTURE THEATRES—Continued: Vol. Page Permit and license necessary 24 7180 Permit for under ordinance; no time designated.... 23 6912 Smoking in—• 18 5299 24 7231 7235 7275 MUD ISLAND— Patent to invalid 23 6772 MUNICIPAL BELT RAILWAY—. See Port Development Commission. MUNICIPAL BOARDS— Voting—President of Harbor Board has same right as other members 17 4726 MUNICIPAL BUILDINGS— See Architectural Commission. MUNICIPAL ELECTRIC PLANT— See Gunpowder Dam. MUNICIPAL EMPLOYEES— See Employees. Bonds—Who to give 22 6631 Registered Voters—Not necessary 22 6395 MUNICIPAL FACTORY SITE COMMISSION— Term of office, etc 17 4900 MUNICIPAL FERRY— See Ferry. MUNICIPAL GAMES— See Appropriations. MUNICIPAL HARBOR BELT RAILWAY— Tracks intersecting with United Railways & Electric Co.—Maintenance of crossings 27 8117 Traction engine for 22 6650 MUNICIPAL HOSPITAL COMMISSION— Architects; submission of plans; no obligation to employ for other buildings 17 4724 Term of office 17 4900 MUNICIPAL LIENS— See Liens. MUNICIPAL OFFICIALS— See Employees; Officers; Officials. Bond of 20 5776 Must be registered voters— 19 5520 20 5768 Removal of after six months 19 5363 When proper to continue in private business 19 5559 MUNICIPAL PARADE— Expense of exhibit of Paving Commission 21 6065 15G OPIXIO.VS OF TII.K 'CITY SOLICITOR

N NATIONAL GUARD— Vol. Page Dances, etc.—Licenses not necessary 21 6104 NATIONAL JUNIOR REPUBLIC— Boy is entitled to free tuition 20 5703 Maintenance of boys committed to it 18 5008 NATURAL RESOURCES— Right of State to conserve 27 8029 NEGRO SEGREGATION— See Segregaion, Ordinance. Ordinance would be invalid 26 7725 NEGROES— See Colored School; Negro Segregation; Segre­ gation Ordinance. Nothing to prevent invasion of white neighborhood by 26 7625 NEW CHARTER REVISION COMMISSION— Ordinance creating; functus officii— 18 5310 5311 NEWSPAPER PLANTS— Not exempt from taxation 21 6183 NEWSPAPER STANDS— See Minor Privileges. Minor privilege 20 5753 Permission of Mayor required 20 5799 NEWSPAPERS— See Advertisements. Twenty-five per cent, reduction on City advertising— 17 4823 4829 4897 NOISE— See Whistles. NON-RESIDENTS— See Schools. Tuition fees for children— 17 4890 4901 4903 4911 NORTH AVENUE— Buildings to be set back at Charles St.— 28 8422 8423 Paving between railway tracks 21 6057 United Railways & Electric Company—No paving obligation between Charles Street & Guilford Ave. 25 7608 JAXCAKY 4, 1911—DECEMBER 31, 1926 157

NORTHERN CENTRAL RAILWAY COMPANY— See Pennsylvania Railroad Company. Vol. Page Agreement as to storm water sewers at Clinton Street 26 7917 Bridges, etc.; paving of, etc 22 6587 Property may be condemned by City for public street 21 6110 Rights in 'Clinton Street 26 7917 Tracks at Monument Street and Guilford 'Avenue—. To adjust for City uses 20 5976 Tracks on Philpot and other streets 22 6639 Use of steam engines on Eastern Avenue 19 5546 I'se of tracks on Aliceanna Street; riglit of Council to'limit 20 5771 Water pipes under Eager Street bridge—Inability— 20 5906 5915 NOTES—PROMISSORY— Taxable—When 27 8185 NOTICES— See Advertisements; Insane; Nuisances; Side­ walks; Special Paving Tax; Streets; Taxes. Abatement of nuisances 20 5751 By registered mail to non-resident property owners— 21 6242 6247 Forms as to short weight, etc 27 8009 Form of as to condemned water 21 6254 Hospitail Ordinance 25 7628 How to be served— 22 6338 6339 In re smoking in theatres, etc.— 24 7231 7235 7275 Kotice to agent sufficient under Ordinance No. 58, 1911 19 5487 Paving private alleys— 20 5860 5861 22 6451 Paving private alley—Subsequent purchaser 22 6461 Requirements as to— 21 6246 6252 Sewer connection; owner at time 18 5348 Sewer connections— 22 6644 6652 158 OPINIONS OF THE CITY SOLICITOR

NOTICES—Continued: Vol. Page S idewal k s>—Paving— 23 6821 25 7606 NUISANCES— See Dogs; Health; Sidewalks. Abatement of— 21 6274 22 6522 24 7169 27 8071 28 8353 8452 In Markets 22 6335 Notice. . . 22 6496 Notice to agent sufficient 20 5880 On private premises 26 7988 Owners to pay cost 21 6298 Unpaid bills—'Collection of 22 6456 When source is in county 19 5612 Alleys—Paving of 22 6503 Bills for abatement—Collection of 26 7740 Caused by action of City; abatement by City 20 5950 Chain across private alley 23 6689 City liable where caused by its sewers 17 4927 Cost of abating; succeeding owner not liable— 18 5300 5301 Failure to abate—Agent not subject to arrest 20 5880 Garbage platform 22 6502 Grass, weeds, etc 23 6682 In private alleys 22 6454 Keeping chickens 17 4865 Landlord and tenant—Both responsible for re­ moval of— 17 4969 '. 18 5290 Notices to abate— 18 5303 20 5751 5861 Failure; warrant vs. agent or owner 20 5722 Requirements as to— ' 21 6246 6252 Should be given and the City can abate and charge to owner 19 5681 Odors—No power to abate unless health affected. 22 6610 JANUARY 4, 1911—DECEMBER 31, 1926 159

NUISANCES—Continued: Vol. Page Paving to abate—When 28 8452 Pigsty; abatement of 22 6496 Poultry slaughtering 22 6469 Power of Health Commissioner to abate— 22 6351 6352 6353 Private Alleys—Paving to abate 21 6304 Use of machinery; remedy for 18 5291 Warrant for failure to abate vs. company should be against individual as officer of company and not against him personally ' 20 5722 Water in cellar—Owner to remedy— 24 7044 7045 Weeds, grass, etc., on lots—Mosquitoes 22 6521 NUMBERING OF HOUSES— Authority to change—• 27 8202 28 8433

0 OATHS— By school teachers not required by law 23 6653 OBSTRUCTIONS— See Sewers; Sidewalks; Streets. ODORS— See Nuisances. OFFICERS— See Bonds; Contracts; Officials. Appointment of special officers 21 6093 Cannot be interested in City contracts; does not apply to work done before appointment 25 7452 City Contracts—Cannot be interested in 24 7011 Contracts—Interest in 27 8207 Expiration of term—Continues until successor has qualified 18 5042 Recess appointment—Salary begins on date of qualification 17 4816 Salaries cannot be attached 26 7896 OFFICES- Cannot be Commissioner for Opening Streets and member of Legislature 28 8490 Law against holding two offices does not apply to employee— 25 7432 7438 160 OMMOSS OF THE CITY SOLICITOR

OFFICES— Continued: Vol. Page Prohibition against holding more than one— 25 7659 7666 26 7888 28 8490 When person may hold two 26 7682; OFFICIALS- See Employees; Officers; Municipal Em­ ployees; Municipal Officials. Appointment in case of vacancy. 23 6989' Appointment of '. 18 5268 Bonds— 28 8319 8320 8361 ! 8390' Bonds—Premiums paid by 17 4920' Cannot be interested in contract with City 26 7684 Compensation for extra service 23 6908 Members of certain boards are 24 7011 Limitation on power to bind City 25 7555 Not to make contract with City— 18 5194 5197 State Senator may be member of Park Board 25 7649 Who are— 18 5268: ; 28 8490 OIL— See Harbor; Petroleum; Sewers. Imported—Taxation of 27 8177 In sewers or streets— 27 8284 8285 Sale of crude oil not regulated 21 6127 OIL TANKS— Assessment for taxation 26 7939' OLD JOPPA ROAD— Closing of 20 5763 OLIVER STREET— Under deed must continue to be used as street... 21 6131 OPENING STREETS— See Streets. OPENINGS— In pavements in railway area 20 5721 JANUARY 4, 1911—.DECEMBER 31, 1926 . 161

OPINIONS— Vol. Page See City Solicitor. Of previous City Solicitors to be followed 18 5170, ORANGEVILLE— See Sewers. ORDER FORMS— Legality of 18 5128. ORDINANCE OP ESTIMATES— See Appropriations. Appropriations— Cannot be diverted— 19 5569 23 6925 6938 24 7222 Construction of terms; accounting methods..'... 24 7293. Transfer of— 24 7022 7118. 7119- Transfer when for same purpose 24 7111. Council cannot pass ordinance repealing part of 19 5474 Expenditures not provided for in—Valid when... 18 5164 Funds cannot be spent unless in 18 5298. Funds cannot be transferred from salary account to expense account 17 4929. Includes amounts previously provided by law or ordinance 17 4976; Increases and decreases in salaries to be shown 17 4960 Items of appropriations cannot be transferred.. 18 5259 Suggested change in arrangement 20 5881 Transfer of funds with approval of Board of Esti­ mates 19 5450 ORDINANCES— See Board of Estimates; Resolutions. Annual meeting of Council does not affect pend­ ing ordinances 23 6663*. Belair Road—Ordinance to open valid 17 4793 Failure of Mayor to act within five legislative days; effect of 17 4779 Granting permits not availed of; purchaser needs new ordinance— 23 6765 24 7094 Jones Falls—For highway over— '.' 17 4867 4876 4887 162 OPINIONS OF THE CITY SOLICITOR

ORDINANCES—Continued: Vol. Page Jones Falls—Opening and constructing Fallsway 18 5100 Notice for introduction of hospital ordinance 25 7628

Number 606y2, 1921—Construction of "300 ft. of church"; airline measurement 25 7571 Opening Streets—Amendment of; readvertisement 19 5378 ORDINANCES CONSTRUED— 1816— No. 209, June 17 22 6475 1831— No. 18, April 4.. , 23 6S39 1845— No. 21, April 19 20 5744 1850— No. 4 21 6091 1851— No. 1 21 6091 1852— No. 16, April 8— 28 8422 8423 No. 65, July 8 19 5408 1853— No. 270, June 16 22 6374 1854— No. 155, June 20 22 6639' 1855— ' No. 55— 17 4891 4906 1859— No. 44, March 28— . 20 5887 24 7324 25 7417 1868— No. 77, September 26— 20 5839 5915 22 6587 1869— No. 37, May 29— 20 5782 5798 22 6381 23 6727 No. 57, July 24 22 6501 1870— No. 85 24 7328

/ JANUARY 4, 1911— DECEMBK.R. 31, 1926 163

ORDINANCES—Continued: ORDINANCES CONSTRUED— Vol. Page 1871— No. 126, October 7 22 6501 No. 129, October 10 22 6501 No. 130 24 7328 1872— No. 27, March 28— 20 5714 24 7323 No. 90 24 7328 1874— No. 73, June 17 20 5740 1876— No. 146, October 24 20 5743 1878— No. 31 22 6453 No. 74, June 28. 20 5754 1879— No. 36, April 28— 20 5714 24 7323 No. 77, July 5 25 7593 No. 83, October 9 21 6090 No. 90, October 22 26 7932 1880— No. 5, February 20 26 7750 No. 16, March 8 25 7593 No. 42, March 31 23 6674 No. 150, October 25 24 7322 1881— No. 30, April 1 24 7328 No. 54, April 21— 20 5754 24 7322 No. 57, April 27 25 7528 No. 83, May 17— 22 6370 6542 1882— No. 15, March 15 20 5740 No. 31, March 27 17 4891 1884— 1886- No. 114, May 29 25 7529 No: 79, June 4— 17 4744 4753 164 OPINIONS OP THE CITY SOLICITOJ!

ORDINANCES—Continued: ORDINANCES CONSTRUED— Vol. Page 1888— No. 98, September "26— 18 5064 21 6093 1889— No. 23, April 5 19 5590 No. 41, May 9— 17 4877 18 5121 5149 5161 5178 ' 19 5456 21 6228 23 6856 6864 6866 24 7031 7062 No. 155, October 21 22 6640 1890— No. 36, April 5— 17 4846 20 5892 '. 5901 5937 22 6636 No. 58, April 30 22 6634 No. 68, May 12 22 6501 No. 83, May 14 26 7979 Nos. 83 and 84 19 5628 No. 133, June 11 18 5306 1891— No. 23, April 8 22 6557 1892— No. 2, November 25 22 6579 No. 16, February 23 18 5318 No. 19, March 2 25 7529 No. 46, April 8 18 5209 No. 47, April 8— 18 5209 5210 22 6489 No. 50, April 18 , 18 5209 No. 100, October 7 26 7755 No. 109, October 17 '.'. • 23 6852 JANUARY 4, 1911—DECEMBER 31, 1926 165

ORDINANCES—Continued: ORDINANCES CONSTRUED— Vol. Page 1893— No. 55, March 27 18 5318 No. 98, April 26— 23 6799 24 7016 No. 157, May 12 25 7373 No. 216, October 14 19 5468 1894— No. 17, March 5 22 6354 No. 57, April 26 20 5901 No. 62, April 28 24 7205 No. 87, May 16 17 4856 No. 116, June 13— 18 5087 22 6344 26 7769 1895— No. 36, April 20— 23 6852 24 7326 No. 44, March 28 25 7385 No. 98, April 26 26 7790 No. 116, July 18 23 6656 1896— No. 118, July 11 25 7529 No. 136, September 18 17 4750 No. 148, October 16— 17 4902 22 6584 1897— No. 7, December 8 24 7328 No. 9, December 9— 17 4939 4998 18 5208 5244 5246 No. 56, July 2 18 5313 No. 124, July 27 20 5901 1898— No. 11, February 1 18 5244 No. 31, April 11— 18 5052 5215 !(!() OI'IMOKB OF rr:iiK Cixr SOLICITOR

ORDINANCES—Continued: ORDINANCES CONSTRUED— 1898—Continued: Vol. Page No. 96, .Tune 15— 17 4945 4969 18 5251 No. 106, August 25 21 6228 No. 107, August 25— 21 6227 22 6471 24 7017 28 8465 No. 114, November 11 24 7137 No. 129, December 3 26 7789 1899— No. 41, May 9 21 6165 1900— No. 80, December 7 22 6433 No. 81, December 10 18 5107 1901— No. 103, January 16— 20 5754 24 7204 7328 No. 127, May 2— 17 4900 26 7971 No. 143, June 20 23 6736 1902— No. 44, April 15 24 7205 No. 59, May 29 18 5052 No. 81, July 25 18 5105 No. 99, November 24— 20 5762 21 6099 1904— No. 57, March 17— 17 4969 22 6496 No. 58, March 17 24 7179 No. 89, June 6— 18 5115 5116 5169 No. 101, June 17— 18 5320 * 19 5396 JAKUAEY 4, 1911—DECEMBER 31, 1926 167

ORDINANCES—Continued: ORDINANCES CONSTRUED— 1904—Continued: Vol. Page No. 104, June 20 19 5564 No. 117, June 23 18 5020 No. 125, June 5— 18 5059 23 6676 No. 133, August 15 19 5683 No. 145, November 10 18 5205 No. 155, November 22 24 7072 1905— No. 2, June 14— 20 5793 5925 No. 9, September 29 17 4724 No. 13, October 23— 17 4728 20 5861 21 6308 6376 22 6451 6503 ' 23 6899 26 7391 No. 216, March 6— 17 4897 4908 18 5109 26 7755 No. 225, March 20 25 7455 No. 228, March 20 18' 5064 1906— No. 15, November 6 21 6269 No. 107, March 30 17 4827 No. 122, April 27 20 5754 No. 123, April 27 25 7405 No. 151, June 15— 17 4897 4908 No. 173, June 22— 18 5205 5309 20 5784 1907— No. 5. July 5— 17 4863 19 5470 22 6625 16

ORDINANCES—Continued: ORDINANCES CONSTRUED— 1907—Continued: Vol. Page No. 70, May 7 20 5763 No. 98, May 4 17 4998 No. 213, February 4 18 5205 No. 228, February 20 20 5762 No. 231, February 27— 20 5762 21 6099 No. 239, March 22 23 6977 No. 262, April 29 20 5755 No. 275, May 11 18 5324 No. 283, May 20— 21 6187 26 7722 7843 1908— No. 98, May 4 20 5886 No. 103, May 6— 18 5203 21 6116 6147 No. 105, May 7 26 7813 No. 106, May 7— 18 5309 25 7405 No. 107, May 7 20 5898 No. 115, May 18 17 4942 No. 137, May 23 17 4973 No. 138, June 3— 17 4969 18 5176 5251 28 8459 .No. 139, June 4— 20 5958 21 6146 6172 27 8096 No. 155, June 19 (See Building Code) — 17 4777 4786 18 5013 '. 20 5691 22 6381 6388 28 8430 JANUAKV 4, 1911—DECEMBKI! 31, 1!)26 . 16!)

ORDINANCES—Continued: ORDINANCES CONSTRUED— 1908—Continued: No. 155 Continued: Vol. Page Sees. 45 and 46— 17 4744 4753 No. 157, June 19 21 6104 No. 162, June 29 17 4719 No. 163, June 29 28 8434 No. 166, June 29 18' 5200 No. 169, July 2 25 7362 No. 239, December 28 21 6171 1909— No. 243, January 25— 18 5065 24 7125 25 7668 No. 275, March 12 20 5764 No. 293, April 10— 18 5049 5087 5096 20 5846 5957 21 6255 6273 23 6969 25 7363 7374 26 7713 28 8330 No. 372, July 26 18 5310 No. 387, August 16— 18 5214 5221 19 5464 5504 20 5727 , 5955 21 6106 No. 391, Oct. 15— 23 6978 6982 No. 407, November 15' 17 4745 No. 433, December 23— 18 5024 22 6597 28 84S5 170 • OPINIONS OF THE C'ITT SOLICITOR

ORDINANCES—Continued : ORDINANCES CONSTRUED— Vol. Page 1910— No. 468, April 1 23 6880 No. 493, May 6 17 4750 No. 494, May 6 22 6640 No. 496, May 9 26 7796 No. 508, May 23 19 5568 No. 534, June 6 25 7534 No. 555, June 13 22 6623 No. 565, June 13 17 4773 No, 574, October 3 22 6640 No. 575, October 26. 20 5754 No. 589, November 28 17 4944 1911— No. 32, November 28— 20 5690 5961 21 6283 22 6350 23 6912 25 7346 No. 43, December 4— 18 5059 19 5498 5500 23 6676 24 7206 25 7344 7591 7611 7623 No. 50, December 18 22 6314 No. 58, December 28— 18 5302 19 5395 5487 20 5766 , 21 6010 6275 22 6555 6601 6625 24 7245 25 7531 28 8482 JANUARY 4, 1911—DECEMBER 31, 1926 iTl

ORDINANCES—Continued: ORDINANCES CONSTRUED— Vol. Page 1911— No. 629, February 20— 17 4890 20 5710 5766 22 6572 23 6817 24 7229 7277 25 7577 No. 654, April 7— • 17 4787 4838 23 6945 No. 677, April 25 17 4900 No. 679, April 25 19 5627 No. 682, May 3— 17 4802 21 6073 No. 692, JMay 15— . 19 5452 23 6945 1912— No. 70, February 9— 18 5157 5184 5248 5270 5323 No. 102, May 10— 18 5289 5330 5342 19 5539 5552 5553 20 5944 5978 5991 21 6168 22 6603 24 7171 7175 No. 106, April 23 18 5248 No. 112, May 10 18 5335 172 OPINIONS OF THE CITY SOLICITOB,

ORDINANCES—Continued: ORDINANCES CONSTRUED— 1912—Continued: Vol. Page No. 114, May 28 18 5248 No. 116, May 29 21 6266 No. 118, June 4 25 7546 No. 132, July 3— 19 5461 23 7001 25 7621 No. 138, July 3 27 8196 No. 140, July 6— 24 7197 7202 No. 148, August 2— 25 7001 28 8464 No. 154, August 17— 19 5471 20 5749 25 7608 No. 162, Oct. 11 26 7755 No. 177, Nov. 19 20 5926 No. 191, December 10— 19 5519 5649 5651 23 6669 No. 192, December 10— 25 7670 7671 No. 201, Decembebr 11 21 6179 No. 202, May 13 18 5135 No. 217, December 28— 20 5799 5919 27 8288 1913— No. 153, August 16 19 5438 No. 246, March 27 21 6230 No. 252, April 11 .' 19 5519 No. 265, May 13 20 5849 No. 269, May 20— 19 5533 22 6358 24 7181 26 7913 28 8357 JANUARY ^ 1911—DECEMBER 31, 1926 173

ORDINANCES—Continued: ORDINANCES CONSTRUED— 1913—Continued: Vol. Page No. 281, June 6 , 19 5572 No. 294, June 25 22 6434 No. 324, July 16 22 6640 No. 332, July 25— 26 7841 7877 No. 333, July 28 22 6641 No. 336, August 28— 21 6171 25 7620 7622. No. 339, September 25 23 6946. No. 343, October 2 21 6179. No. 346, October 2— 20 5776; 24 7157 25 7650 27 8071 8284 8285 No. 431, June 29 21 6266. 1914— No. 408, February 21— 21 6284: 23 6681 No. 410, February 21 21 6099 No. 412, February 21 21 6099 No. 425, April 7 21 6269' No. 429, April 14 22 6592; No. 462, June 8 21 6169, 1915— No. 2, June 22— 22 6428 23 6682 No. 7, June 26— 22 6356 6602 24 7092 , 7096 7172 7175 7214 174 OPINIONS OF T.II:K CITY SOLICITOR

ORDINANCES—Continued. ORDINANCES CONSTRUED— 1915—Continued: Vol. Page No. 11, July 9— 22 6449 6492 6590 28 8369 No. 32, November 22— , 27 8284 8287 No. 55, December 20 22 6574 No. 69, December 24 22 6434 No. 579, February 18 26 7740 No. 586, March 13 22 6387 28 8318 1916— No. 77, January 21 22 6387 No. 130, April 27 24 7183 No. 173, September 21 24 7133 No. 182, October 9 24 7160 1917— No. 243, April 9 : 28 8459 No. 258 24 7266 No. 260, June 1— 23 6717 6899 24 7246 .' 7252 ' 7254 25 7376 26 7741 7793 No. 262, June 1— 23 695S 24 7337 25 7397 7652 26 7715 No. 263, June 11— 23 6924 25 7451 7535 No. 266, June 13— 23 6691 24 7092 7096 7245 JANUARY 4, 1911—DECEMBER. 31, 1926 175

ORDINANCES—Continued. ORDINANCE CONSTRUED— 1917—Continued: No. 266—Continued: Vol. Page 7253 26 7967 7975 No. 270, June 20 23 6912 No. 279, October 8.. . 23 6766 1918— No. 138, June 3 23 6783 No. 330, March 18— 24 7265 25 7512 1919— No. 293, April 10 26 7865 No. 462, March 6— 24 7115 7197 7202 7208 '. 7212 25 7447 7449 No. 502, May 8— 23 6911 24 7138 No. 537, May 19 24 '7128 1920— No. 304, May 24 25 7540 No. 376, July 2— 24 7242 7303 25 7351 7403 7409 7411 7580 7618 7668 26 7807 7808 7851 No. 377, July 2— 7987 25 7580 7585 27 8124 176 • OPINIONS OF THE CITY SOIJCITOII

ORDINANCES—Continued. ORDINANCE CONSTRUED— Vol. Page 1920— No. 378, July 2 26 7832 No. 379, July 6— 26 7748 7891 No. 380, July 6 26 7826 No. 381, July 6 26 7748 No. 502, July 20 25 7564 No. 517, Nov. 11 27 8044 No. 526, December 6 28 8485 1921— No. 330, January 5— 26 7846 7966 7985 27 8212 No. 544, January 5 24 7265 No. 565, March 26— 27 8162 8189 No. 573, March 26— 25 7502 7558 7607 26 7901 "No. 575, March 26 27 8039 .No. 606%, June 17— 25 7571 7602 26 7833 "No. 610, June 22 27 8045 No. 611%, June 22 25 7601 No. 644, December 5— 26 7832 27 8287 No. 648, December 7— 25 7560 . 7600 1922— No. 686, March 22 28 8459 No. 710, May 22 * 28 8398 No. 711, June 1— • 25 7606 26 7900 7981 27 8039 JANI-AKY 4, 1911—DECEMBER 31, 192(3 177

ORDINANCES—Continued. ORDINANCE CONSTRUED— 1922—Continued: Vol. Page No. 739, July 19— 26 7891 27 8011 28 8453 No. 748, July 28 26 7748 No. 751, July 29— '. 25 7612 28 8453 No. 753, October 20— 26 7789 7801 1923— No. 69, December 29. 26 7930 No. 72, December 31— 27 8092 8228 No. 826, March 12 27 8287 No. 858, April 15 26 7760 No. 922, May 19— 26 7759 27 8098 28 8342 8449 8494 1924— No. 140, April 3 27 8065 No. 180, May 26 26 7987 No. 204, June 16 26 7920 No. 243, October 18 27 8254 1925— No. 330, February 3 27 S244 No. 334, February 9— 27 8097 8105 No. 377, April 27 28 S405 No. 431, June 17 27 8199 No. 436, July 7 27 8087 No. 450, July 17— 27 8099 8228 28 8320 8391 8455 178 OPINIONS OF THE CITY SOLICITOR

ORDINANCES—Continued. ORDINANCE CONSTRUED— 1925—Continued: Vol. Page No. 522, December 14— 27 8201 8254 8278 28 8349 8376 8382 8412 No. 533, December 23— 28 8458 8460 No. 534, December 24— 27 8217 28 8416 8487 1926— No. 553, February 1— 27 8222 8230 8235 8262 8265 8291 8352 8364 28 8443 No. 556, February 1 28 S391 No. 569, March 16— t 27 8221 28 8398 No. 650, May 13 28 8419 No. 825, October 1— 28 8444 8464 No. 845, October 22 28 8433 Public Improvements—Reports of Board of Esti- .mates and Board of Public Improvements 17 4976 Seal of City not necessary 22 6511 Special, e. g. porches, etc, when prohibited by Building Code '.. 23 6943 Special exceptions to general ordinance 26 7833 Titles—Law as to— 27 8087 28 8424 JANUAE.V 4, 1911—DECEMBER. 31, 1926 179

OREAD AVE.— Vol. Page Dedicated street 28 S395 OSTEOPATH— Cannot issue birth or death certificate 23 6873 OYSTERS- See Licenses.

P PARENTAL SCHOOLS— See Schools. Additional land for 25 7674 Law relating to 18 5169 Powers of School Board as to— 18 5115. '. 5116 PARK AVE^ Special paving tax applicable to 28 8469 PARK BOARD— See Contracts; FortMcHenry; Park Tax; Parks. Acquisition of right of way across railway easement not subject to City Charter, Section 14. . . 17 4716 , Benefit assessments in re boulevards 17 4842 Cannot convey property to Harbor Board 18 5131 Claim for damages by contractor 27 8056 Coal—Specifications call for weighing on Park scales 17 4730 Employee killed; cannot pay widow— 18 5292 5293 Federal Hill Park—Board has no power to transfer strip of land to jurisdiction of Harbor Board.. 17 4725 Fees for inspecting explosives—Payment of 23 7001 Members are City officials 24 7011 Ordinance could direct removal of concrete wall.. 18 5144 Paving sidewalks—Cost of 24 7145 Poe—Base for statue of— 17 4976 4977 Property may be sold without consent of Board— 24 7109 7112 Property to be sold by Comptroller 17 4852 Rules as to parking 24 7117 PARK TAX— See Parks; United Railways & Electric Co. Applies to receipts from express and freight as well as passengers; history of tax 19 5419 Disposition of funds 20 5859 180 OPINIONS OF THE CITY SOLTCITOE

PARK TAX—Continued: Vol. Page. Disposition of proceeds of tax 19 5618 Lines on Frederick road subject to 22 6644

Method of calculating .•; 20 5784 Nine per cent, tax computed on passenger receipts only of United Railways and Electric Co 17 4801 On merger of Maryland Electric Railway Company and Annapolis Short Line 25 7405 Ordinances relating to ,. 18 5309 Provisions relating to 21 6226 PARKDALE AVENUE— Public street; tracks on 23 6745 PARKING— See Paving Commission; Traffic. All night—Horsedrawn vehicles 22 6549 Construction of ordinance 25 7540 Ordinance relating to; remarks on 24 7138 Rules of Park prevail in parks 24 7117 Vehicles—Ordinance relating to 21 6204 PARKS— See Fort McHenry; Park Board. Benefit assessments for 17 4995 Bo-Lin Square—Power to convey or dispose of.... 22 6585 Bonds—Sinking funds; requirements as to 23 6693 . Collington Square—Board has jurisdiction over sidewalks 21 6281 Fence; St. Vincent's graveyard 22 6426 Fines for violation of rules, etc.—Disposition of. . 27 8090 Footways—Paving 22 6435 Franchise through 21 6143 Green Spring Avenue; repairs by Park Board.... 25 7375 Harlem Square—Board has control of sidewalks.. 21 6281 Herring Run Valley—Condemnation of .27 8242 Improvements by owner after introduction of ordinance to condemn property 23 6987 Land outside City—Taxation of 27 8070 Lighting by electricity from Jones Falls 21 6173 Loan funds available for Water Side Park 18 5063 Mt. Royal Reservoir—Removal of water mains...' 26 7796 Offenses between shore line and Port Warden lines at Fort McHenry; jurisdiction.-. 20 5981 Parked places—Ordinance to place under Park Board 21 6100 Pensions—Payment out of park funds— 25 7541 7542 Power to acquire land to secure laurel 19 5512 5514 JANUARY 4, 1911—DECEMBER. 31, 1926 181

PARKS—Continued: Vol. Page Property—Condition for conveying or alienating— 22 6584 6585 Property to be condemned; notice and ordinance for this introduced; permit for sewer asked by owner 23 6987 Sale of part of 22 6433 Sewers—Power to construct 23 6748 Sidewalks abutting on streets; paving 19 5573 Sinking Funds—Balance belongs to park funds.. 27 8298 Siphon for sewers—Authority to construct— 23 6742 6748 Thirty-third Street—Parking of— 21 6179 6181 Wall Removal of, at Pulton avenue entrance of Druid Hill Park 18 5143 PARTNERSHIP— Taxation of securities belonging to— 27 8'267 8281 Transfer of City stock in name of 19 5418 Transfer of City stock held by 25 7626 PARTY FENCES— Construction of 27 8241 PARTY LINE— See Building Code. PASTEURIZATION OF MILK— Authorized 21 6147 PATAPSCO RIVER— See Harbor; Spring Gardens. And tributaries; bridge, etc.; approval of Harbor Board necessary 20 5957 Lease of City property for use as Forest Reserve. 27 8257 Patents to "islands" or lands invalid 23 6772 Reed Bird Island—Suit to set aside patent 23 6828 Removing sand and gravel—Authority for— 23 6819 6828 PATENTED ARTICLE— License from patentee 20 5908* Purchase without competition— 19 5412 5413 Sections 14 and 15 of Charter do not apply in case of purchase of ' 18 5088. 182 OIMXIOXS OF THE CITY SOLICITOR

Vol. Page PATENTS- See Patapsco River. Bond for infringement of 18 5012 Designs for box; use of by City 23 6875 Infringement of 22 6355 Procedure to protect City in use of 21 6149 Reed Bird Island—Suit to set aside 23 6828 PAUPERS— Burial of those dying at Bay View 21 6202 PAVEMENTS— Cuts in, by railways; permit and fee 20 5721 Cuts in 22 6543 Destruction of—Penalty— 21 6181 ' 6182 Protection of 22 6529 PAVING— See Contractors; Notices; Paving Commission; Sidewalks; United Railways & Electric Co. Advertising notice of; purpose 19 5414 Alleys in case of nuisance 22 6503 At expense of property owners and City 17 4839 Bituminous concrete on wood blocks—defects; guarantee— 19 5529 5547 ' 5548 5578 Cobbles between railway tracks property of City.. ' 18 5262 Damage caused by City; City to repair 20 5991 Defects—Contractor to make good 18 5274 Defects—Notice must be given to hold contractor liable 26 7868 Defects to be repaired by contractor 20 5986 Experiment with cement gun—Not necessary to ad­ vertise— 18 5116 5117 Guarantee—Contractors required to meet— 21 6231 6249 Guarantee—Obligation under 18 5274 Guarantee period 21 6152 Horse injured on smooth paving; City not liable.. 17 4988 Inspection charge for— IS 5244 : 5246 JANUARY 4, 1911—DECEMBER 31, 1926 183

Vol. Page PAVING—Continued: Dafayette Avenue—When, authorized to be done.. 18 5318 Methods and conditions relating to 28 8452 North Avenue—Between railway tracks 21 6057 Notices of; cuts in, etc ' 22 6543 Paving Commission, not Board of Awards, has power to select materials 18 50,50 Pennsylvania Railroad on Fleet Street 22 6374 Private Alleys—Cost of 17 4776 Ordinance relating to 21 6304 Paving 22 6451 Private individual or corporation; authority to do without ordinance 17 4806 Procedure as to paving at expense of owners 27 8011 Repairs over sewer trenches between railway tracks; by whom paid 19 5459 Repairs to be made by contractor 18 5018 Repairs" under guarantee 20 5868 Sewers to be constructed before 22 6486 Sidewalks to be repaired when damaged by con­ tractors— 19 5532 •. 5535 State funds for paving; must be included in Ordi­ nance of Estimates 18 5298 Street railways—Between tracks 22 6462 Tracks—Relocation of, when necessary 22 6636 United Railways and Electric Company—Between tracks, etc 18 5152 Credit for cobbles in track area 18 5262 On South, Baltimore and other streets 20 5754 Payment for paving by Paving Commission.... 18 5145 Upon application of abutting owners 20 5916 Use of deferred payments from property owners. 26 7891 "Withdrawal of petition for 27 8109 PAVING} COMMISSION— Agreement for paving at expense of property owners and City 17 4839 Bridges—Can order abutments removed 22 6636 Can accept private dedication of private alleys by paving them 21 6166 Chairman and Mayor entitled to vote 17 4967 Contracts not limited to appropriation each year.. 19 5616 Curb—May change— 21 6161 22 6367 Eight Hour Daw does not apply to inspectors 22 6332 184 OPTXIOAS OF TIIK CITY SOLICITOR

PAVING COMMISSION—Continued: Vol. Page Employees—Method of selecting 18 5031 May establish or change street grades 20 5887 Municipal Parade—Expense of 21 6065 Notes in anticipation of paving tax 23 6701 Parking minor streets—Power to do so— 18 5111 5142 Paving with cement gun—Advertising not neces­ sary for experiment— 18 5116 5117 Poles, etc., to be removed at owner's expense 22 6513 Powers of 17 4819 Powers of, under Chapter 202 of 1908 and Chapter 401 of 1906 — 17 4774 4817 Quorum—- 19 5453 27 8058 Sidewalks—'Changes in, made necessary by new paving; who should pay 20 5718 Street grades may be established for by City En­ gineer 20 5887 Term of office, etc 17 4900 PAVING SPECIFICATIONS— See Specifications. Change in, may be made 17 4756 PAVING TAX— See Special Paving Tax. Annex—When applicable 23 6895 Construction of Act 22 6458 Corner lot—Application of law to 27 8293 Money borrowed in anticipation of 22 6422 Notes in anticipation of 23 6701 Notice of 18 5187 Payable by railway companies and others owning property on Harford road— 18 5310 5314 Property of United States, State and City not sub­ ject to 18 5212 PAWNBROKRES— See Licenses. License—Refund not allowed— 25 7575 7582 JAMT.VK.Y 4, 1011—DKCI-HIBKR 31, 1»26 185-

PAWNBROKERS—Continued: Vol. Page Licenses 22 6577 Transfer of license 20 5992 PAY DAYS— Bi-weekly 18 5033 When City employees are to be paid 26 7983 PAYMENTS— See Contracts. PAYROLLS— Affidavit to 18 5011 PEABODY HEIGHTS IMPROVEMENT ASSOCIATION— See Baltimore Belt Railroad Company. ; PEANUT STANDS— See Minor Privileges. PEANUTS— License for sale on street 25 7604 'PEDDLERS— See Licenses. Licenses for 18 5023 PENALTIES— See contracts; Taxes. Connecting with water system without consent— 20 5845 5846 For delinquent taxes 26 7744 Jurisdiction of Justices of the Peace limited 28 8487 Method to recover; indictment 19 5375 To be imposed on property which had escaped tax­ ation 19 5511 PENITENTIARY— See Maryland Penitentiary. PENNSYLVANIA AVE.— Benefit Assessments—Proceedings before Tax Com­ mission cannot affect 21 6144 Condemnation of interest of United Railways and Electric Co 20 5931 Ordinance for widening— 18 5177 5273 United Railways and Electric Company—Repair­ ing paving between tracks 21 6232 Widening north of Fulton Avenue 24 7090 PENNSYLVANIA RAILROAD COMPANY— See Northern Central Railway Company; P. B. & W. Rwy. Co; Union Railroad Company. Bridge over Charles Street at Union Station—To keep in repair 20 5839 Bridges—Abatements to be removed 22 6636 186 OPINIONS OF THE CITY SOLICITOR

Vol. Page PENNSYLVANIA RAILROAD COMPANY—Continued: Cars standing on Aliceanna Street—:No right to.. 24 7133 Drainage at Chase Street—To provide 20 5937 Drainage under bridge—Cost of 21 6056 Fleet Street—Paving of 22 6374 Jones Falls—Cannot fill in— '..... 21 6060 6074 Party fence 27 8241 Piers—Inspection fee for 22 6348 Rights in Frederick Road Bridge— 20 5782 5798 5803 5807 Smoke—Power of Council to abate on Aliceanna Street 24 7133 Tunnel—Permit for work on :... 22 6380 Use of locomotives instead of horses; temporary only 20 5698 PENNY IN SLOT MACHINES— See Licenses. PENNY WEIGHING MACHINES— See Licenses. PENSIONS— See Fire Department; Retirement System; Teachers. Act authorizing system—Interpretation of 27 8068 Act not applicable to former employees 23 6690 Authority of City to establish 27 8034 City does not have power to enact ordinances of.. 21 6122 City not authorized to provide old age or disability. 21 6013 Constables—May be included 27 8034 Construction of Chapter 498, 1916— 24 7217 7219 Death Benefits—Employees dying between January 1 and April 1, 1926 '. 27 8265 Death Benefits—Payable to those who died before joining or renouncing system 27 8265 Dismissed or resigned employees—Not eligible for. 25 7412 Employee injured and paid Workmen's Compensa­ tion 26 7739 Employees receiving over $1,000 not entitled to— 24 7253 7293 JAXUAKY 4, 1911—DECKMBKR 31, 1020 187

Vol. Page PENSIONS—Continued: Fire Department—Only members (not former mem­ bers) eligible 22 6532 Widow of fireman killed in service 23 6884 Widows 27 8086 General law desired—Not special Acts 22 6340 Increase to retired members of Fire Department 25 7566 Moriarity, Patrick F.—Act and ordinance invalid— 26- 7886 7910 Mothers—Act of 1916 22 6500 Park Employees—Payment out of park funds— 25 7541 7542 Person in City pay not entitled to 27 8041 Person not entitled to, unless in employ of City at time of application 26 7940 Police—Hostler not entitled to pension— 24 7157 7164 Police—-Method of computing 27 8106 Special Act invalid 19 5360 Teachers— Anne Arundel County 26 7823 Construction of Act . 24 7220 Incapacitation; condition as to 22 6405 Not eligible to if not employed since Act was passed 18 5042 Not to receive pension and salary for same period. 27 8262 Reinstatement after retirement for disability.. 27 8083 Return of part of payments to fund on leaving service 24 7240 Under $1,000 salary; salary increased, but incapaci­ tated before received; entitled to pension. 23 6913 Where person applied for and was granted Work­ men's Compensation 27 8042 Where person made application after leaving serv­ ice account of injuries. 27 ' 8042 Widow of Fireman—Cannot pay funeral expenses. 20 5872 Widows of firemen—When ordinance may be neces­ sary 17 4933 Widows—Not covered by Act of 1916, Chapter 498-.. 24 7194 William H. War—.Special ordinance and act 22 6354 PEOPLE'S COURT— See Constables. Act creating 18 5188 188 OPINIONS OF THE CITY SOLICITOR

PEOPLE'S COURT—Continued. Vol. Page " Centre Market Hall—Room for— 18 5159 5164 Expenses of— 18 5159 5164 Fees, etc., to be collected by constables 18 5199 Fees—Prepayment of 23 6678 Salaries and expenses to be paid... 18 5188 Suits for collection of taxes 18 5250 Summonses by police 20 5903 PER DIEM— See Markets. PERMITS— See Building Code; Buildings; Electric Sign; Electrical Work; Garages; Garbage; Gaso­ line Tanks; Hotels; Locomotives; Lodging Houses; Mayor; Milk; Minor Privileges; Plumbing; Rooming Houses; Stores; Zoning. Chicken house 28 8302 For cuts in streets 19 5651 For hotels, rooming houses, etc 24 7265 For sewers 25 7613 Motion Pictures; ordinance not necessary for alterations 28 8357 Privy well 25 7624 Time limit for exercise 28 8444 PERSONAL PROPERTY— See Taxation. Removed after October 1, subject to tax for suc­ ceeding year 23 6898 PETITION— For paving—Withdrawal of 27 8109 PETROLEUM— Building for refining prohibited 24 7035 PHARMACY— Examination to practice 25 7371 PHILADELPHIA, BALTIMORE AND WASHINGTON RAILROAD COMPANY— See Pa. R. R. Deed granting City right of way across tracks.... 21 6257 PHILPOT STREET— Tracks on ." 22 6639 PHRASES, ETC.— Construction of "existing ordinances" 22 6489 JANUARY 4, 1911—DECEMBER 31, 1926 189

Vol. Page PHYSICIANS— At City Jail—Compensation for examinations made for State's Attorney 17 4729 Illegal to practice without license; enforcement of law 28 8467 Reports to be made by 19 5525 Who may sign commitment for insane 18 5137 PIERHEAD LINES— See Harbor. PIERS— See Harbor; Starr M. P. Church. City to place lights on Pier No. 2 19 5644 Extension of; franchise charge— 22 6342 6346 Fees for 22 6348 Franchises for— 22 6401 6410 6515 6523 6544 Insurance on structures on 17 4745 Minor privileges 24 7065 Ordinance necessary for 22 6542 Repairs by Highways Engineer; payment by Har­ bor Board— 25 7358 7360 Repairs by lessees 25 7362 Sewers on 20 5898 William Street—Title to— 22 6407 6435 6450 PIG STY— See Nuisances. PIGEONS- NO law relating to keeping of 21 6191 PIMLICO CIRCLE— Not dedicated by deed of Gittings to Carlin 22 6316 PIPE LINE SYSTEM— See Fire Department. Special assessments for; special act necessary for— 17 4980 4984 190 OfiNioxs OF THE CITY SOLICITOR

PIPES— Vol. Page Removal of riser pipes 17 4807 When railroads obligated to repair leaks, etc., caused by them 23 6936 PITOMETER SURVEY— Se Water. PLACARDS- See Health. PLAINTIFF— Right to dismiss suit and bring ore in another Court 23 6828 PLANS— See Architectural Commission; Bureau of Plans and Surveys. PLATFORM SCALES— On public street—Minor privilege 20 5932 PLUMBERS— Licenses—Master plumbers and journeymen 18 5029 Work in own houses— 22 6528 6537 PLUMBING— See Health; Sewers. Board of Examiners 18 5029 Drainage into private sewer 17 4941 Health Commissioner may make regulations 17 4918 Health Commissioner should1 approve work if satis­ factorily done 20 5844 Inspector must be practical plumber 23 6793 Permits— 22 •6528 6537 Pipes—Character of— 22 6377 6379 Powers of Health Commissioner relating to 19 5492 Requirement as to drain pipes for storm water sanitary sewers 20 5708 Right of Health Commissioner to order changes in. 19 5455 To be done under direction of Health Department.. 20 5994 POE, EDGAR ALLAN— Base for statue of— 17 4976 4977 POLES— See Chesapeake and Potomac Telephone Com­ pany; Lamps and Lighting; Licenses; Pav­ ing Commission; Telegraph Poles. JANUARY 4, 1911—DECEMBER 31, 1926 191

POLES—Continued: Vol. Page Annex—Licenses 23 6927 Annex—Subject to license fees 26 7897 Annex—Tax on— 24 7023 7029 Licenses in New Annex 23 6906 Relocation in Dulany Valley 25 7630 Removal of, on order of Electrical Commission.. 20 5781 POLICE— Acts relating to—Principal ones 1784 to 1917— 23 6706 6719 Board of Estimates has control over expenses not fixed by law— 21 6078 6086 Building—Use of first floor not acceptance of... 28 8385 City not responsible for acts of 22 6600 Commissioner has power to fix rates for taxi-cabs, etc 19 5477 Contracts—Not subject to Board of Awards 25 7454 , Garage—Contract for 24 7271 Hostler—Not municipal employee and not entitled to pension— 24 7157 7164 Legislation relating to— '. .. 23 6706 6719 Memorandum as to authority of Board 23 6712 New Annex—Memorandum as to 23 6712 Pensions—Method of computing 27 8106 Permit for entertainment 21 6166 Power of House of Delegates to investigate 23 6716 Protection in enforcement of Health Department orders— 22 6455 6456 Rewards—Payment by Fire Department 28 8493 Salaries fixed by Legislature 20 5921 Special officers—Appointment of., 21 6093 Summonses by 20 5903 POLICE COMMISSIONER— City cannot authorize to make Traffic Rules 26 7836 POLICE JUSTICES— See Justices of the Peace. Deduction for absence 27 8066 192 OPINIONS OF THE CITY SOLICITOR.

Vol. Page POLICE POWER— See City Council; Nuisances; Zoning. As to railroad tracks in City and the abatement of the smoke nuisance 20 5771 Council may pass valid anti-scalping ordinance.. 18 5154 Extent of 27 8168 General discussion of 19 5656 General limitation of 23 6933 Of City 23 6759 Projections beyond building line—Power to remove. 23 6941 Rent profiteering—Not covered by 23 6932 Restrictions in improvement of private property.. 19 5483 Smoke nuisance—Power to abate 19 5656 POLLUTION OF STREAMS— See Nuisances. Control by State Board of Health 20 5979 Of Jenkins Run 21 6238 POOL TABLES— See Licenses. License transferable to new location 20 5898 License where rent is charged for room 19 5414 PORCHES— See Building Code; Minor Privileges. Projecting beyond building line—Permit by Board of Estimates 25 7625 PORT DEVELOPMENT COMMISSION— See Harbor. Feed and Seed Warehouse—Authority to con­

struct— • ( . ..' :'. 27 8225 8238 Lease of waterfront property—Validity of 25 7584 Loan—Interest rate 26 7825 Not authorized to spend funds other than those au­ thorized by Act 25 7580 Railway tracks—Authority to lay 27 8203 Warehouse for Seed Company—Power to erect— 27 8123 '. 28 8337 — See Harbor. Limits of; not safe to try to define 17 4722 POSTAL TELEGRAPH AND CABLE COMPANY— City to pay cost of relocating line on account of Loch Raven Bam :.....-... 21 6160 Obligation of City in condemning 19 5570- JA.XUAKY 4, 1011—I)I:CI;.MBK:R 31, 1026 10

POULTRY— Vol. Page See Chickens. Killing by Jewish "schechters" 24 716* Slaughtering; nuisance 22 6469> PRATT STREET— Baltimore and Ohio tracks on—May be ordered re­ moved 23 6839> PREAMBLE— Not part of statute or ordinance 28 8402; PREMIUMS— See City Stock. PRESBURY STREET— . Private drain under; who to pay for lowering.... 20 5747 PRESERVATIVES— Use in meats 20 5883: PRIMARY ELECTIONS— See Elections. Not legal holidays 17 4866; PRINTING— See City Printer; Contracts. Contracts for cannot be limited to Baltimore City plants ! 25 7450 For Council and City departments. 23 6923 Ordinance relating to; limiting to local printers probably invalid 25 7535 PRISONERS— See City Jail. Transfer to County by Sheriff 23 6872 PRIVATE ALLEYS— See Alleys. Storage of vehicles in 18 5202 PRIVATE PROPERTY— See Contractors. Act of Legislature relating, to improvements 19 5488: Restrictions as to improvements 19 5483 PRIVATE STREETS AND ALLEYS— See Alleys; Streets. Acceptance necessary to become public 17 4815 Building—Permit for 17 4733 Conduits of Chesapeake and Potomac Telephone Company; cannot disturb without permission.. 17 4781 Curb circles on 17 4770* Paving—Cost of, how collected 17 4776: Paving of—Nuisance, in case of, under Ordinance 13, 1905...... 17 472& Use for 20 years makes them public 17 4752 PRIVY WELL— Permit 194 OPINIONS OF THK CITY SOI;K:ITOI;

PRODUCE— Vol. Page License for selling country ' 18 5018 PROSPECT AVENUE— Confusion as to proper name 17 4720 PROVIDENT SAVINGS BANK— Privilege granted 22 6647 PUBLIC ATHLETIC LEAGUE— See Appropriations. PUBLIC GENERAL LAWS— Sections Construed— Article 2— ' Section 13 ' 22 6568 Article 5— Section 2 20 5969 Section 6 20 5969 Article 10— Section 24— 22 6563 6565 Article 13— Section 203 22 6634 Article 16— Section 87 23 6828 Article 21— Section 89 , 25 7585 Section 93 25 7584 Article 22— .Section 6— 21 6077 6117 Article 23— Section 108 28 8344 Section 145 22 6581 Section 150— 20 5889 5891 Section 182 25 7609 Section 312 23 6784 Section 359 25 7634 Section 397— 23 6876 6897 Section 413— 23 6807 24 7313 Sections 425-440 23 6786 Section 460 25 7525 Section 46.6 23 JANUARY 4, 1911—DKCKMBEK 31, 19-26 19

PUBLIC GENERAL LAWS—Continued: SECTIONS CONSTRUED— Article 24— Vol. Page, Section 1— 25 7631 ..:..' 7663 Section 6 25 7663. Section 7 22 6569. Article 25— Section 7— 22 6552; 6563: 6569- Section 96 .. 22 6581 Article 26—

Sections 7, ' 8 22 6554: Section 8 22 6567 Article 27— Section 269 24 7152; Section 365 20 5972; Section 384 20 5972 Sections 385 (1904 Code) 20 5965. Section 410 2S 8387 Sections 456-465 22 6327 Section 518 22 6569 Article 33— Section 6 24 7149 Section 12. 25 7467 Section 24 25 7503 Section 28 22 6395- Section 52 23 6952; Section 118 24 7149. Section 199 B 26 7717 Article 36— Section 1 22 6566. Section 10— 22 6564 6566. Article 38— Section 1, , 19 5375. Article 42— Section 2. 19 5612, Article 43— Sections 13-15, 18 25 7587 Section 64 23 6699- Sections 84,86 22 661ft Sections 117, 130, 138 and 139 28 8468 Section 229 , 22 6537 Section 301 23 6873. 196 OPINIONS OF TIIK CITY Soj.ici.TOJt

PUBLIC GENERAL LAWS—Continued: SECTIONS CONSTRUED— Vol. Page Article 54— Sections 47-49. . . ..;...- 22 6411 Section 48 19 5491 Section 49 22 6525 Article 56— Section 8 20 5898 Section 133— 25 7543 26 7836 Section 134. . 26 7969 Section 144 21 6181 Sections 156, 157 21 6181 Section 159 20 5745 Section 173 ' 28 8368 Section 178 27 8076 Section 194 28 8368 Section 205 27 8090 Article 57— Section 13 :... 26 7686 Article 59— Sections 1,31,37 ' 19 5589 Section 2 25 7573 Section 11 25 7572 Section 45 24 7036 Article 65— Section 100 25 7616 Article 75— Section 102 20 5969 Section 108 25 7663 Article 77— Section 21 B— . . •. 23 6801 6803 6804 6812 Section 116 27 8052 Section 138— 23 6801 6803 6805 Section 158 : 25 7674 Section 188— 27 8050 8197 Section 266 27 8196 JANUARY 4, 1911—DECEMBER 31, 1926 197

PUBLIC GENERAL LAWS—Continued: SECTIONS CONSTRUED— Vol. Page Article 79— Section 1 19 5643 Article 81— Section 2— 26 7922 27 8269 28 8479 Section 4— 21 6072 6215 6219 23 6726 6776 6789 25 7448 7617 26 7934 28 8479 Section 4 A 26 7712 Section 10 19 5544 Sections 10, 11, 13 19 5509 Section 12 28 8327 Section 65. 19 5586 Section 68— 19 5585 21 6147 Section 74 28 8335 Section 88 19 5587 Sections 150-159 22 6390 Section 159 23 6755 Section 162— 23 6755 6758 Section 162 A 23 6886 Section 165 26 7945 Section 171. 26 7946 Section 202 26 8001 Section 213. . . .' 27 8268 Section 214— 21 6067 26 7853 27 8007 28 8371 Section 225— 28 8344 8414 Section 239 26 7946 108 OPII\'K:>.XS OP THE CITY SOI-ICITOK >

PUBLIC GENERAL LAWS—Continued: SECTIONS CONSTRUED— Vol. Page Article 93— Section 77 19 5367 Sections 77-79 25 7389 Sections 77, 79 26 7680 Section 193 19 5643 Section 268 19 5556 Article 96— Sections 18 and 21 28 8480 Article 97— Section 26 '....' 27 8120 Article 98— Section 21 22 6526 PUBLIC IMPROVEMENT COMMISSION— See Contracts. Alteration in contract—Not authorized if material—• ,. 28 8471 '. 8472 Architect—Condition as to appointment 26 7710 Architects for school buildings, etc 25 7668 Bridges—Power to construct outside of City— 25 7408 7410 Buildings—Authority to construct 26 7849 Buildings—When completed to he turned over to Inspector of Buildings 26 7807 Compensation of Highways Engineer for examin­ ing roads in Gunpowder Valley— 25 7658 7665 Conduits—Divisions of costs between City and Annex. 26 7733 Construction of "approved equal" and "equal" in contract 26 7924 Contractor's loss—City not liable for 26 7893 Contracts—Modification without approval of Board of Estimates 26 7911 Counsel—Employment of 26 7854 Damage to property in widening Philadelphia Road. 26 7914 Ground rents—Payment of accrued rentals 27 8192 Independent Contractor—Claim for damages 26 7964 Laboratory Commission—Claim for work done.... 27 8061 Loch Raven Dam—Power of City to authorize Com­ mission to condemn property for 25 7379 Montebello Filters—Increase in unit price for re­ moval of rock 26 7879 JANUARY 4, 1911—DECEMBER 31, 1926 199

Vol. Page PUBLIC IMPROVEMENT COMMISSION—Continued: Not authorized to transfer funds to Port Develop­ ment Commission 25 7580 Parental School—Additional land for 25 7674 Paving—Use of deferred payments from property owners 26 7891 Power to acquire Water Companies in Annex— 24 7301 7306 25 7350 Premiums on City stock—Counsel to try case.... 26 7854 Premiums on City stock—Disposition of 26 7747 Proceeds from sale of school property; disposition of , 26 7987 Repairing bridges out of loan funds - 24 7242 Sale of water company property 26 7707 School Buildings—Power to inspect in course of construction 25 7618 School Funds—Allotment between Annex and Old City; case where children from both sections at­ tend same, school 25 7563 Sidewalks of School—Cost of paving, etc 25 7558 Use of funds 24 7243 Water Company—Excess receipts from accounts receivable; claim for 26 7763 PUBLIC IMPKOVEMEIVTS— Board of—When unnecessary to refer ordinance for opening or closing street 28 8486 PUBLIC LOCAL LAWS— See Charter and Miscellaneous Local Laws. . Sections construed— Article 4— Sections 29, 30 25 7550 Section 37 25 7550 - Sections 827, 828 19 5509 Article 23— Sections 104, 105 19 5509 PUBLIC LOCAL LAWS (I860)— Sections construed— Article 4— Section 32 26 7752 Sections 32, 33 22 6488 PUBLIC LOCAL LAWS (1888)— Sections construed— Article 4— Sections 29, 123, 762 22 6488 200 ' OPIXIOXS OF THE CITY SOLICITOR

PUBLIC PRINTER— Vol. Page Election of lowest bidder 23 6664 PUBLIC ROAD— City may not condemn, but may divert 19 5478 PUBLIC SERVICE COMMISSION— Authority to fix rates, etc 23 6707 City should not pay salaries of members 20 5945 City to pay part of salary; validity of Act 20 5817 Ferry—No authority to compel United Railways and Electric Company to maintain— 23 6751 67"1 67S3 Rate-making functions—Review by Courts 25 7523 Roland Park Water Company—Petition for in­ creased rates— 23 6993 6996 6998 Street Railways—Power to fix fares 25 7386 Switching Charges—Power to regulate— 20 5809 5842 Telephone case before 19 5495 United Railways and Electric Company—May re­ quire extensions— 19 5550 5554 Power to fix rates, etc— 23 6807 6816 Rate of fare ." .' 24 7312 PUBLIC SERVICE CORPORATION— See Public Service Commission. City has power to condemn property of 21 6110 PUBLIC WORKS— Department of incorporated in charter 28 8400 PUPILS— See Schools. PURCHASES— See Contracts. . In excess of $500—Advertising for bids necessary. 24 7142

Q QUAKER BURIAL GROUND— City may condemn 21 6270 Condemnation necessary to secure good title 22 6372 Title to 21 6265 JANUARY 4, 1911—DECE.MBKJ; 31, 1920 . ' 201

Vol. Page QUALIFICATIONS— Member of Council— 20 5938 5943 QUARANTINE— Lease with. United States 23 6891 QUARRIES— Pence around; obligation due public 26 7681 QUORUM— Paving Commission 19 5453 Paving Commission—Number constituting 27 8058 Of Zoning Commission 27 8097,

R RAILROADS— See B. & O. R. R. Co.; Franchises; Grade Crossings; Pa. R. R. Co.; Switching Charges. Inspection fee for repairing tunnel 22 6333 Pipes—Water, sewer, etc.; when 'obligated to re­ pair leaks caused by trains, etc. 23 6937 Sewers—To take care of track's— 23 6725 6727 Tracks on Aliceanna Street. .: 18 5305 RAILS— See United Railways and Electric Company. RAILWAY TRACKS— See Port Development Commission. Resolution authorizing permit, not franchise— 22 6483 6487 RATES— See Public Service Commission. RATTLESNAKE OIL— Selling on streets 23 6910 REAL ESTATE EXPERTS— Employment of; compensation, etc 22 6558 RECEIVERS— , Payment of balance due contractors 22 6504 RECORDS— See Health. RECREATION PIER— Paving contract 20 5895 Specifications for construction of as to time 19 5673 REED BIRD ISLAND— See Spring Gardens. Patent—Suit to set aside 23 6828 202 OPINIONS OF THE CITY SOLICITOR

Vol. Page REFEREES IN BANKRUPTCY— See Tax Judgments. REFERENDUM AMENDMENT— Effect of 22 6329 REFUNDS— See Abatements; Liquor Licenses; Market Licenses; Taxes. Deposit for primary election if no opponent files. 20 2802 Deposits of candidates without opposition in pri­ maries— 21 6300 6303 6311 For removal of material under contract for demo­ lition Of buildings 19 5526 How to be made 27 8084 In case of opening streets; to whom to be paid— 19 5444 ..' . 5458 License for automatic baseball game 22 6632 Licenses 20 5961 Lincoln Park Civic Improvement Association— Paving private alley 26 7726 Method of making 18 5175 Minor privilege excess rates 27 8048 Minor privileges ".. . 27 8219 Paving sidewalk—Not required 23 6683 Pawnbroker's license—Not allowed— 25 7575 7582 Taxes—Disallowed 17 4810 In error; legislation for 23 6782 Paid by mistake; limitations as to 22 6313 Paid in error 26 7883 Water rent— 19 5500 5501 In case of ' reduction 18 5124 Paid twice 21 6040 REFUSE— From vessels; prosecution for 17 4837 REGISTRATION— In New Annex 23 6778 REGISTRATION BOOKS— Inspection and copying of lists 25 7503 JANUARY 4, 1911—DKCE.MBKI; 31, 1!>2(> 203

Vol. Page REISTERSTOWN ROAD— Benefit Assessments—Proceedings before Tax Com­ mission cannot affect.... 21 6144 Condemnation of interest of United Railways and Electric Co. . . 20 5931 Conduits of Chesapeake and Potomac Telephone Company in 17 4878 Widening—Time for approval elapsed 21 6059 RELIGIOUS LIBERTY— Only limitation as to practice of.. 19 5598 REMINGTON AVENUE— Opening; former agreement. 24 7019 7021 REMOVAL FROM OFFICE— General powers relating to 19 5363 REMOVAL OF CASES— See Appeals. When permissible 17 4734 REMOVALS— See City Service; Schools. RENT COMMITTEE— Authority as to rentals of market stalls 24 7184 RENT PROFITEERING— See Rent Committee. Authority of City to prevent or regulate 23 6932 Ordinances relating to invalid 23 6932 Unreasonable—Power of Council to prohibit 23 6759 Validity of ordinance— 23 6953 6980 REORGANIZATION ORDINANCE— In relation to Board of Public Improvements.... 27 8099 REPAIRS— See Paving. Obligation of United Railways and Electric Co. for paving repairs 18 5332 Term construed not to include strengthening wharf. 19 5548 Under guarantee 20 5868 REPLEVIN— Authority of constables in serving writ of— 24 7116 7121 REPRESENTATION— In Legislature 22 6650 RESERVOIR— See Water Mains.

'> 204 OPINIONS OF THE CITY SOLICITOR

Vol. Page RESIDENCE— Defined— 24 7062 7108 RESOLUTIONS— See Ordinances. Charter—Amend by incorporating Department of Public Works 28 8400 For tracks—Permits, not franchises— 22 6483 6487 Privileges granted by are revocable 22 6643 Resolutions Construed— 1855— No. 223, October 12— 17 4891 4906 1856— No. 180, June 26 22 6639 1865— No. 81, May 6 26 7960 1875— No. 248, May 1 19 5468 1878— No. 203, May 16 22 6483 1879— No. 265, October 13 22 6483 1889— No. 42, April 8 21 6278 1893— No. 149, May 1 20 5744 1894— No. 212, May 18 18 5180 1897— No. 32, April 8 22 6483 1899— No. 150, April 27 22 6612 1905— , No. 30, May 15 17 4900 1924— No. 4, September 26 28 8433 1926— No. 7, September 25 28 8455 RESTRICTIONS— See Buildings. RETAILING— Definition of 21 6187

*• JANUARY 4, 1911—DECEMBER 31, 1926 205

Vol. Page RETAINING WALL— At Northern Police Station : 25 7440 Building and cost of 23 6949 For protection of property 24 7230 RETIREMENT SYSTEM— See Pensions. Contributions—Return of; conditions 27 8'222 Employee declining membership; injured and re­ ceived compensation; not re-employed; ineligible for membership 28 8333 Employee receiving Workmen's Compensation and not in service—Not eligible for membership.... 27 8297 Membership in—Leave of absence does not prevent. 27 8291 Pensioner under Teachers' Fund and pension under Retirement System 28 8363: Right of employee to withdraw contributions after retirement 28 8443 Street Cleaning Department—Persons furnishing horse and cart entitled to membership 27 8229 Teachers— Conditions as to membership 27 8291 Credit for teaching service elsewhere 28 8409) Member resigning not entitled to one-half of contributions to former Teachers' Fund 28 8352; Pension to begin when salary ceases 27 8262: Return of contributions on withdrawal from service - 27 8222: Trustees—Election by members 27 8235 Who eligible for membership 28 8308 Workmen's Compensation—Status of employee re­ ceiving 28 8308J REVERTER— Not binding and effectual in case of school prop- : erty on Clifton St 28 8366 REWARDS— For arrest of escaped prisoners—Power to offer.. 24 7222 Payment to police by Fire Department 28 8493 RICHMOND MARKET— Fish stalls 19 5468 RIGGS AVENUE— Title to bed of in City 23 6725 RIGHT OF WAY— Deed to not recorded; rights of City— 23 6738 6740 Use of; includes laying of sewer 20 5719 206 OPINIONS OF TIIIC CITV SOLICITOJ;

BIPARIAN OWNERS— Vol. Page See Harbor. Claim of City as to land in Patapsco (Spring Gar­ dens). . . 22 ,6360 Hights as to piers, etc.— 22 6420 6516 6523 6544 Right to damage for interference with stream flow. 23 6925 Right to reclaim land, build piers, etc 24 7065 RIPARIAN RIGHTS— In connection with Hanover Street Bridge 23 6665 RIVERFRONT STREET— Opening of 18 5307 ROADS— See Public Road; Water Department. Through Water Department property in County; maintenance of— 23 6709 6734 Use of City's private road by contractor 23 6794 ROBINSON STREET— Private street 21 6233 Public street 26 7800 BOLAND AVENUE— Repaving—United Railways and Electric Co. and Warren Bros, liable 17 4997 POLAND PARK— Alleys—Paving of 27 8065 Roads are private 23 6962 Underwood Road—Not obligated to pave 28 8399 ROLAND PARK COMPANY— Artesian Well—Authority to sink 23 6876 Easement through Underwood Road 21 6290 Paving of Fortieth Street without ordinance; au­ thority doubtful 17 4806 "Water mains from reservoir to York Road—Release of claim on account of 18 5317 "Water mains under land purchased by 18 5266 Water mains under property of 18 5255 JROLAND PARK WATER COMPANY— increased rates—Petition for; conditions, etc.— 23 6993 6996 6998 HOLLER SKATING— Roping off street for 21 6279 JANUAEY 4, 1911— DECEMBER 31, 1926 207

BOOMING HOUSE— Vol. Page See Hotels. Less than 5 rooms—No license 26 7960 License—When necessary— 26 7966 7985 Permits for 24 7265 Permits for; renewal; revocation 26 7794 Kevocation of permit 25 7512. Sworn statement not necessary to application for license 26 7846. ROOSTER— Keeping of 25 7500. ROSE STREET TRIANGLE— Paving of sidewalk 17 4784 BITSSELL STREET— Maryland Electric Railway Company—Abandon­ ment of track 25 7405 Water mains and tracks in 24 7128

S SABBATH— See Sunday. ST. PAUL STREET— Opening of; payment into Court of award 22 661* Paving in track area north of North Avenue 25 7661 Set-back line— 18 5160* 22 6387 Widening of; set-back lines 22 6387 Widening out of Harbor Loan— 21 6017 22 6380/ SALARIES— See Board of Estimates; Employees; Public Service Commission; Schools. Constitutional limitation 20 5945 Increasing for year 23 6893 Method of paying Councilmen 18 5082 Of City and State officials exempt from income tax. 24 7236 Of City employees, not subject to attachment 26 7896 Payment of officials and employees 19 5601 Power of Board of Estimates to fix 27 8151 State Tax Commission—City should not pay 20 5945 To be paid semi-monthly 19 5366 Unpaid on death of employee—To whom to be paid— 18 5053 •. 28 8328 • 8360 208 OPJNJOMS OK TJIK CITY SOLICITOJ: '

Vol. Page SALES— By ministerial officers 19 55S5 SAMPLES— City may select best of those submitted 18 5031 SAMUEL READY ESTATE— Title to alley in rear of Pratt Street 22 6539 SAUSAGE— See Licenses; Markets. SAVINGS ACCOUNTS— Collection of unclaimed; commissions for 18 5156 SCHOOL BOARD— See Schools. Power to demote employees and reduce salaries— 24 7262 7268 SCHOOL BUILDINGS— See City Property; Schools. Bills for repair of 27 8188 Furnaces—Equipping, comes under Inspector of Buildings 17 5003 Repairs, etc., to be made by Inspector of Build­ ings— 18 5044 5057 Revert to grantor when ceased to be used for school purposes; temporary use for other pur­ poses '. 19 5475 Use for polling places, political meetings, lectures, etc 18 5277 SCHOOL LOAN (1961)- Certificate as to legality of 19 5679 SCHOOL LOANS— Use of funds for reconstructing buildings— 17 4878 4879 SCHOOL VISITORS— Duty of Board to appoint 26 7886 A SCHOOLS— See High Schools; Parental School; School Buildings; Teachers; Tuition; Vaccination. Annex—Children from Anne Arundel temporarily attending 26 7938 Appropriations—Recommendation that Board have control of for buildings, etc 23 6915 Attendance Officers—City can provide for addi­ tional 26 7910 Attendance Officers—Number, etc 17 4917 JATU-AKV 4, 1911— DECEMBER 31, 1926 209

Vol. Page SCHOOLS—Continued: Attendance Officers—Under City service 27 8018 Attendance officers—Vacation 28 8305 Blinds—Purchase of 25 7560 Board—Appropriations for buildings, land, etc.; recommendations relating to 23 6915 Not liable for injuries received in service 22 6313 Power relative to salaries of teachers 18 5354 Power to assign Assistant Superintendent to ele­ mentary schools 18 5009 Power to demote employees and reduce salaries— 24 7262 7268 Power to fix salaries 27 8144 Vacancy; recess appointment, status of 24 7018 Books—Contracts; additional purchases 27 8193 Boy in National Junior Republic considered resi­ dent and entitled to free tuition 20 5703 Buildings— Authority of Board as to repairs, etc.—

t 19 5370 ' 5380 Bills for repair of 27 8188 Heating and ventilating; forms of contracts.... 25 7466 Inspection by Public Improvement Commission. 25 7618 Repairing after fire 23 6883 Children—Riding in car of Health Nurse; City not liable in case of accident 24 7264 Colored High—Modification of equipment 26 7864 Corporal Punishment in parental schools 27 8194 Crews of interned German vessels—Tuition 21 6261 Crippled children; power to assign teacher for Ker- nan Hospital and Industrial School 17 4800 Director of Educational Management—Exempt from Merit System 25 7594 Eligible list; rights of person on 17 4990 Engineer—Employment conditioned on securing license 23 6907 Fan—Bond for infringement of patent 18 5012 Father—Control of truant school boy 18 5120 Free text books—Rebuilding out of text book funds. 18 5028 Funds—Allotment for buildings in New Annex and Old City 25 7563 Group insurance—Not authorized 26 7784 Holiday—Election day 26 7968 Immigrants—May attend if residing in City 21 6068 Injuries—Liability of City for 22 6319 210 OPINIONS OF THE CITY SOLICITOR

Vol. Page SCHOOLS—Continued: Inspectors—Board cannot create officers to super­ vise schools '. 21 6156 Intestate Estates—Use of funds from— 21 6299 6302 Intestate Estate Fund—Use of in paying extra compensation 25 7521 Loan of school books to Hebrew Orphan Asylum for use of backward public school children.... 17 4827 Lease for definite time; notice not necessary 28 8406 Lunch-room fixtures—Purchase of 20 5960 Medical examiners for children 17 4956 Medical examination of children—Power to require. 24 7224 "Mixed block" as used in segregation ordinance de­ fined. .. . 19 5406 Night—Appointment of instructor 25 7653 Parental—Corporal punishment 27 8194 Parental—Powers of Board as to— 18 5115 5116 Pensions—Annex teachers from Anne Arundel County 26 7823 Pensions—Return of part of payment to fund on leaving service 24 7240 Portable Buildings—Purchase of additional under contract 25 7506 Property leased for school purposes—Cost of con­ necting with sewers— 21 6016 6017 Pupils—Power to suspend or dismiss 27 8050 Rules of Board—Effect of 18 5220 Salaries—Power of Board to fix 27 8144 Scholarships at Maryland Agricultural College.. 21 6173 Sidewalks—Cost of paving, repairing, etc 25 7558 State Appropriation—Apportionment of 23 6695 Student living with colored husband of mother should go to colored school, though white him­ self— 17 4896 4915 Substitute Teachers—Rules as to 23 6834 Superintendent and Assistant Superintendent—Dis­ missal of 21 6156 JANUARY 4, 1011— DECEMBER 31, 1926 211

Vol. Page SCHOOLS—Continued: Teachers— Accidental injuries; Board not liable 24 7147 Equalization of salaries 26 7956 Johns Hopkins Hospital School for Crippled Col­ ored Children. . ; 21 6244 Liability of City for injuries to 22 6319 Married women may continue as 26 7943 No discrimination on account of sex 26 7898 Not under City Service Law 25 7571 On leave at State Normal; status as to pension system 26 7972 On pension; appointment 18 5242 Pensions; construction of Act., 24 7220 Power of Board to fix salaries 27 8144 Re-entering service; requirements 26 7906 Re-instatement after retirement for disability... 27 8083 Removal in 1900 17 5002 Requirements for appointment 26 7906 Status as to pension system on re-entering serv­ ice .' 25 7581 Suspension— 18 5226 5234 5235 Suspension and dismissal; not entitled to salary. 18 5220 Truant—Under control of father 18 5120 Tuition Pees— Children of non-resident parents to pay— 25 7577 7578 Credit for taxes paid by non-resident not allow­ able, when— 17 4755 4759 Crews of interned German ships attending night schools to pay 21 6050 Fee must be paid where father is non-resident— 20 5710 5766 Fees— 17 4960 18 5028 In case parents are non-residents— 26 7729 7738 Market licenses not creditable on 28 £397 212 OPINIONS OF THE CITY SOLICITOR

Vol. Page SCHOOLS—Continued: Non-residents— 17 4890 4901 4903 4911 21 6261 Non-residents; how waived 27 8220 Payment by non-residents— 24 7229 7277 Taxes credited 23 6817 When credit for taxes allowable— 22 6562 6572 When to be paid 26 7805 Use of loan funds for reconstructing buildings— 17 4878 4879 Vacuum Cleaners—Purchase of— .• 18 5044 5057 Visitors—Duty of Board to appoint 26 7886 A SEAL— See City Seal. Not' necessary on ordinances 22 6511 SECURITIES— See Taxes. Exempt if owned by corporation doing no business in State ' ' 28 8344 Overpayment of taxes in error; legislation for refund 23 6782 Valuation in case of co-partners residing in sepa­ rate jurisdictions— .-...' 27 8267 8281 Which had escaped taxation; interest, etc 19 5507 SEGREGATION ORDINANCE— Duties of Inspector of Buildings under 17 4787 Held invalid by lower Court; appealed 19 5528 Majority of owners in block necessary' to change classification 19 5452 Maryland industrial School for Girls may be sold to Home for Colored Children— 21 6276 : 6280 "Mixed block" defined 19 5406 JANUARY 4, 1911—DECEMBER 31, 1926 213

SEGREGATION ORDINANCE—Continued: Vol. Page New ordinance to wait on decision of Court of Appeals 19 5528 Notes on 23 6945 SEIZIN— Defined 25 7605 SENATOR (STATE)^- Elected member of City Council— 20 5938 5943 Park Board—May be member of 25 7650 SERVICE STATION— What constitutes 23 6742 SET-BACK LINE— Charles St.— 28 8312 8418 St. Paul Street— 18 5160 22 6387 SEVENTH BAY ADVENTISTS— Entitled to permit for tent meeting 19 5598 SEVENTH STREET— Franchise of railways on— 17 4912 4930 4935 4939 United Railways and Electric Co. franchises on.. 17 4999 SEWER RENTAL ACT— Advertisement of 18 5290 Referendum on 18 5219 SEWERAGE— See Sludge. House Connections—City not concerned with pri­ vate controversies 22 6371 House Connections—Permits for 22 6371 SEWERAGE COMMISSION— See Contracts; Sewers. Advertisements;' form, etc 17 4937 Advertising for contracts 17 4856 Authority over sewers ceases when placed in operation 18 5315 Conduits of Chesapeake and Potomac Telephone Co.—Removal of for sewers 17 4781 Connections with cellar drains 17 4863 Contract after advertising where expenditures ex­ ceed $500 or more 18 5081 214 OPI.-XI.OXS OF TJI.K CITY SOLICITOR

Vol. Page SEWERAGE COMMISSION—Continued: Contractors removing awning poles to replace them 19 5531 Contracts—Chairman may execute 18 5308 Contracts—Damages under 17 4848 Damages to gas pipes in constructing sewer; City not liable 20 5713 Damages to property; contractor responsible.... 17 4798' Damages to water drain by contractor—Liability for— 18 5062 5099 Dissolution of 22 6329 Duties in re private sewers, etc 17 4986 Exchange of funds 17 4860 Expenditures from loans and not tax levy 18 5321 Jones Falls—Openings in conduits for pipes, etc. 17 4980 Lateral connections proper under deed permitting main sewer 17 4732 Manhole; cost of changing due to change of street grade 17 4815 •Obstructions in streets; power over— :.. 18 5269 5271 Paving over trenches between railway tracks; pay­ ment of cost of 19 5459 Pipe connections through walls of houses 17 4955 Power as to unauthorized connections, etc 21 6123 Powers of 21 6120 Pumping Station—Operation by Commission from loan, not tax levy 18 5321 Retention of money to pay claims against con­ tractor 18 5241 Sewer Connections—Not necessary to provide ad­ ditional 18 5094 Specifications for laying sewers where rights of ways have not been acquired 17 4721 Street Cleaning—May pay for sprinkling to down dust ' 21 6120 Supervision over storm water drains 17 4727 Temporary connections with storm-water drains. 18 5346 To provide drainage for new streets in Annex 19 5581 SEWERAGE PUMPING STATION— See Engineer. SEWERAGE KATES— City has no power to establish 17 4947 JANUARY 4, 1911—DECEMBER 31, 1926 215

Vol. Page SEWERS— See Drainage; Drains; Jones Falls; Pipes; Sewer Rental Act; Sewerage Rates. Acquisition of property out of loan 28 8442 Additional sewer connections 18 5094 Annex—Where not connected with disposal plant.. 27 8085 Baltimore and Ohio Railroad Company—Removing sewer account of Lee Street Bridge 19 5504 Baltimore County— Cannot assign right to tap 17 5004 City can let individual connect, but not required to 20 5712 Individuals cannot enter outfall sewer— 19 5646 5648 May contract for connection with 18 5182 Beer Pumps—Connection 18 5287 "Blow-off" prohibited if injurious 20 5919 Cannot be laid through private property without consent of owner 17 4849. Cellar drainers; surface drainage— 18 5287 28 8482 Change well connection to direct connection—Right to do without consent of owner of sewer— 17 4746 4763 Charges to be made for house connections 21 6010 Condemnation of property outside of City 26 7837 Connection at building line of street or alley where sewer is laid. 20 5899 In dwelling used by schools—By whom to be paid 19 5620 Of Continental Can Co. in Baltimore County 20 5712 To vault sufficient '20 5873 Notice for 22 6652 Connection with 24 7146 Connections— Clerical assistance necessary 18 5302 Fines 19 5470 Must be provided for cellar drainers 20 5866 Notice; lien ' 22 6449 . Permit for— 26 7696 7699 Plumbing requirements 19 5492 216 OPINIONS OF TJLK CJTY SOLIOTOI;

"Vol. Page SEWERS—Continued: Right to change without consent of owner of Sewer— 17 4746 4763 To be made by master plumbers 18 -5029 When lien attaches— 24 7244 7253 Construction in Mary's Court—Private propei'ty. . 17 4849 Contractor—City not liable for loss 26 7893 Cost of installing; lessee or lessor 21 6275 Damages— Contractor not liable for consequential injuries where there was no negligence 17 4766 Deprived use of property; City not liable 18 5291 Due to overflowing— 17 4881 4885 To railway tracks on account of settlement o£ sewer work—City not liable 20 5706 To vault—City not liable 21 6103 To well—City not liable 20 5967 Deed granting right—Not recorded; rights of City— 23 6738 6739 . 6740 Discharge of waste matter into—Power to prohibit or regulate kind 18 5067 Drain pipes into 20 5708 Drainage into private sewers 17 4941 Draining into County—City not to assume any lia­ bility 21 6032 Duties of City Engineer and Commissioner of Street Cleaning 18' 5255 Forest Park Co.—City not required to purchase... 26 7799 Gasoline and oils; prevention of 20 5799 House connections 22 6625 Cost of omitted from Men certificates 22 6589 Financing of 25 7531 Payment of 22 6555 Houses partly in City and partly in County—Con­ nections 21 6235 Imhoff Tank—Royalty on; procedure, etc 20 5908 In advance of paving 22 6486 In beds of streets in West Arlington 19 5437 In Chelsea Terrace and Duvall Ave.—Purchase of 28 8307 JA.WAKY 4, 1911—DECEMBER 31, 1926 217

Vol. Page SEWERS—Continued: In private alleys' 22 6431 In private alleys; removal at expense of owner.. 23 6859 In private street 24 - 7146 In streets conveyed to City belong to City— 19 5437 5438 In streets which are subsequently dedicated 26 7834 Jenkins Run—Use by Walpert Co 21 6238 Lateral connections proper under deed for sewer. 17 4732 Loan—Use in acquiring Herring Run 27 8242 Lowering private sewer due to changing grade of street; cost of 20 5726 Maintenance of 19 5611 Maintenance; to be by Sewerage Commission until turned over to City Engineer 19 5655 Manholes—Entering, etc., without permit 21 6169 Notice relative to connection with; owner at time of notice 18 5348 Notice to be' given for connections 22 6644 Nuisance—City should abate 17 4927 Nuisance—Cost of removing not liability of suc­ ceeding owner— 18 5300 5301 Obstructions in—Commissioner of Health may order removed 18 5315 Cost of removal 22 6541 Removal 18 5304 Such as private water mains to be removed 24 7238 Oil discharged into— 27 8284 8285 . On piers; not immediately necessary 20 5898 Orangeville—Cannot connect with sewers except by contract between Baltimore County and City 18 5182 Outfall Sewer—Connections from Highlandtown, etc.— 17 4923 4932 Philadelphia, Baltimore and Washington Railway Company — Deed granting right of way across tracks 21 6257 Permits for construction 25 7613 Pipes through walls of houses -. 17 4955 Plumbing bill for house connection—Paynient of.. 22 6555 Polluted streams flowing into; remedy 20 5979 218 OPINIONS OF THE CITY SOI.ICITOK

Vol. Page SEWERS—Continued: Private— Agreement as to acquisition 27 8093 Bond for 21 6288 Condition as to becoming city property— 26 7926 7933 On private property 22 6551 Payment for shifting gas mains 23 6684 When become property of City 26 7902 Private Alleys—Right of City to place in 20 5995 Private Drains—Incorporation into sewer system; tests, cost, etc .17 4921 Property leased to City—Cost of installing facili­ ties— 21 6016 6017 Railroad to take care of tracks in public streets— '... 23 6725 ' 6727 Railroad Tracks—Company to take care of— 23 6694 6697 Railway Tracks—To be shifted when necessary.. 18 5327 Relocation of storm water drain near Lee Street Viaduct 17 4866 Removal of obstructions on private property— '..' 18 5172 5173 Rental or charges—Not controlled by Declaration of Rights 18 5281 Rentals—Estimated revenue 18 5237 Rentals—Referendum on Act 18 5219 Reservation as to in deed to bed of Thirty-ninth Street 17 4773 Slaughter houses outside City—connections 22 6453 Sludge Tanks—Specifications 20 5905 Specifications for laying where rights of way have not been acquired 17 4721 Stoppage of house connection; City not liable for expense in removing 20 5801 Storm Water—Agreement with Northern Central RaJilway Company for construction at Clinton

Street.. ; 26 7917 Storm Water—Sewerage Commission may super­ vise connections with i7 4727 Storm Water Drains—Minor privileges 22 6427 • JANUARY 4, 1911 —DECEMBKK 31, 1926 219'

.SEWERS—Continued: \ Vol. Page Temporary connection with storm water drains.. 18 5346 Thirty-ninth Street—University Parkway Company owns sewer 21 6069 , Through Brooks' estate 17 483J To abate nuisance on private property 26 7988 To be provided up to building line 20 5997 Tracks on streets; sewer being constructed under. 18 5276 Use of Herring Run for 27 8242 Waste discharged into; power to regulate kind, etc 18 5067 Waste water, etc., on streets; penalty— 21 6027 6028- SHARP STREET— See Little Sharp Street. SHERIFF— To transfer prisoner to County Jail 23 6872 SHERWOOD AVENUE-- Public street 26 7795 SHIELDS, W. C— Claim for pension in discretion of Fire Board.... 24 7190 SHOOTING GALLERIES— Sfee Licenses. SHOW WINDOW— See Minor Privileges. SIDEWALKS— See Minor Privileges; Notices; Paving. Abutting on parks 19 5573 Across the parking on streets—At expense of City— 19 5608 :'. 5609 Agreement with owner to repair'sidewalk; does not include raising grade 19 5486 Annex Improvement Commission—Not to pave.... 20 5999 ' Around parks. 24 7145 Assessments for paving—Invalid for lack of notice; notice to be given 23 6780 At approaches to bridges—Clearing of 19 5464 Authority of City Engineer to realign curb 18 5341 Back of building line—Use of not dedication 24 7018 Boxes, etc., on 22 6560 Building material on 18 5171 Cellarways—Obstructions 25 7387 Cement—When may be ordered to replace brick, etc 21 6199 Change in made necessary by Paving Commission; curbs, etc 20 5718 220 OPINIONS OF THE CITY SOI/ICITOJJ

Vol. Page SIDEWALKS—Continued: City Engineer to fix width 18 5335 Corner Property—Obligation of owner 18 5330 Court decision on ordinance— 22 6600 6604 Curbs—Relocation of 19 5539 Damages for injuries due to unsafe condition; lia­ bility 24 7214 Dedication of—Deed necessary 24 7018 Driving over 17 4770 Extending where ingress and egress would be de­ stroyed 26 7889 Form of bill for collecting cost of paving 21 6119 Furniture on—Removal and disposition of 27 8231 Grading at expense of owner 21 6203 Hedge, removal of; paving 26 7916 In Annex; power of City Engineer over 18 5289 Maintenance of—Duty of abutting owners 23 6863 Narrowing to widen streets •. 18 5135 Notices to be given 25 7606 Nuisance caused by laying of tp be abated by per­ son responsible 17 4851 Obstructions— , 23 6655 27 8096 Not allowed without permit 23 6818 Owner to remove 24 7163 Prohibited 21 6050 Removal of 26 7963 Unauthorized, prohibited 23 6774 Warrant for 22 6622 Of school buildings—Cost of repairing, paving, etc. 25 7558 On private property—City lacks authority 19 5614 On private streets 18 5289 On private streets—City not liable for injuries, etc. 26 7705 Ordinance relating to paving of—Not repaying.... 21 6084 Owner liable for grading and paving 21 6025 Paving— .... 26 7967 7975 Abutters to pay for 26 7900 Around parks 22 6435 Authority of City Engineer 20 5991 Authority of City to require— 20 5978 27 S038 JANUARY 4, 1911—DECEMBER 31, 1926 221

SIDEWALKS—Continued: Vol. Page Paving—Continued: Bill for; interest, etc 22 6356 Charge to be omitted in tax sales, 22 6606 Collection of cost 21 6271 Conditions justifying new. 21 6199 Cost of— 24 7092 7096 Cost of not lien 22 6629 Cost of; payment under old ordinance or new or­ dinance 23 6780 Form of bill '. 23 6691 In Annex 17 4964 Lien for prior to passage of ordinance— ' T 24 7092 7096 New ordinance valid 23 6687 No abatement account contemplated street widening 26 7989 Notice. . . 26 7980 Notice and right of appeal 23 6821 Notice to be given — 22' 6600 6604 Ordinance should name materials 19 5553 Payment of cost 23 6717 Penalty for failure to 23 6685 Proposed ordinances relating to 23 6728 Refund cannot be made for payment 23 6683 Requirements as to; defects in ordinance— 24 7171 7174 Required by ordinance 21 6168 To be done by Highways Engineer 25 7502 Portico to extend over on Thirty-third Street 21 6197 Procedure where owner refuses to pave 20 5779 Projections—Power of City to remove .23 6941 Property owners to grade and pave— 20 5999 6001 Ttepairs; duty of 19 5535 Repairs to; obligation of owner 17 4772 Required on paved streets only 19 5552 Spaces for trees— 20 5936 5952 State Roads Commission—Power to grade 20 5811 222 OPINIONS OP THE CITY SOLICITOR

Vol. Page SIDEWALKS—Continued: Steps—Removal of on Key Highway 21 6240 Steps—Revocation of permits for 21 6267 Title in abutting owner—Public entitled to unob- • structed use 23 6818 To be improved by property owners 17 4894 To be repaired when damaged by contractors— 19 5532 : 5535 United States need not pay for in front of National Cemetery , 21 6025 Use by poultry dealers— 24 7126 7131 Use of—When permits necessary 23 6778 Use for storage purposes— ..' 20 5932 5943 Wagons on—Permit not authorized 21 6146 SIDINGS— See Railway Tracks. SINKING FUNDS— Balance in Park Loan—Disposition of 27 8298 Excess receipts—Disposition of 26 7706 Interest on City stock in excess of requirements.. 26 7706 Investment in United States bonds 23 6795 Park Board—Requirements as to 23 6693 Purchase of City stock at par, but under market price 26 7747 SIXTH STKEET— Title to bed of 19 5497 SLAUGHTER HOUSES— Outside City; sewer connections 22 6453 SLUDGE— Contract for purchase of; terms of— 22 6512 6521 SMALLPOX— Effects of person sent to quarantine; return of.. 20 5885 SMOKE— See Pa. R. R. Co. From locomotives; power to prohibit use of soft coal 20 5771 Power of City to abate smoke' from locomotives 19 5656 SMOKE INSPECTOR— May continue in private business 19 5559 JANUARY 4, 1911—DECEMBER 31, 1926 223

SMOKING— Vol. Page In moving picture parlors 18 5299 In theaters, etc.— 24 7231 7235 7275 SNOW— Sidewalk—Owner not liable for injuries for fail­ ure to remove 24 7215 SOAP FACTORY— See Buildings. SOCIETY FOR PREVENTION OF CRUELTY TO ANI- MALS— Contract for seizure and destruction of unlicensed dogs— ' 17 4945 4969 23 6918 Contract with ,.. 18 5147 SOLID-ROW HOUSES— See Buildings. SOUTH STREET— United Railways and Electric Company—Paving be­ tween tracks 20 5754 SOUTHERN ELECTRIC COMPANY— Liquidated damages should not be retained.. 17 4793 SPECIAL ASSESSMENTS— See Benefit Assessments; Paving; Paving Tax; Special Paving Tax. Collection of in case lot is sub-divided 19 5369 For High Pressure Pipe Line System— 17 4980 4984 For Parks 17 4995 Paving assessment is lien against property 23 6737 SPECIAL PAVING TAX— See Paving Tax. Abatement cannot be made 20 5701 Act considered valid 18 5334 "Adjoining or abutting" as used in Act construed. 20 5701 Agreements with developers as to cost of paving— 20 5865 28 8450 Applicable— To all streets paved without special assessments. 18 5320 To Park Avenue— 18 5313 ..... 28 8469 224 OPOIO^S OF THE CITY SOLICITOR

SPECIAL PAVING TAX—Continued. Applicable—Continued: Vol. Page To property abutting on street deeded to City— 19 5564 28 8469 To property abutting on street with improved paving 18 5327 To Property on Hoffman Street 18 5320 To property where streets were deeded— 19 5396 28 8469 To Shelbourne Road 28 8450 To streets paved after passage of Act 20 5767 Where street is paved between building lines. . 20 5704 Application of : 24 7248 Applies to Clarendon Avenue 26 7797 Applies to property where owner does not pay at least two-thirds cost of paving 20 5865- Assessed against land on streets paved by State Roads Commission; exceptions 25 7561 Churches to pay 21 6190 Classification permanent unless error 19 5678 Construction of law 24 7248 Corner Property— 19 5645 5653 Apartment house is not private dwelling in meaning of Act 20 5930 Rates 20 5767 Deeding of streets does not relieve from— 20 5971 28 8469 Does not apply if property is separated from paved street by strip of City property 20 5810 Does not apply where special assessments were levied. . . ., '. 19 5588 Expense of collection 18 5334 How to be assessed 19 5545 "Improved paving" explained 18 5327 Liens; when attach 25 7672, Loan in anticipation of—No authorization for.... 21 6241 Not chargeable until permanent pavement is laid. 20 5806 Not to be charged against property until damages are paid 21 6256. Notice of— 18 5187 21 6256 Penalty and interest on go to paving fund 20 5856. , .IANCAKY 4, 1911—DECKMBKR 31, 1926 225'.

SPECIAL PAVING TAX—Continued. Vol. Page • Power to reclassify property for. 20 5834 Proceeds may be used year collected 20 5941 • • Railway tracks on private right of way; property not subject to 20 5723. SPECIFICATIONS— See Advertisements; Bids; Contracts; Lamps and Lighting. Construction of terms as to time contract was to be completed 19 5673 Damages to be paid by contractor 17 4798 Electric Current 17 4808: Form of; premium or bonus and penalty 20 5905 General form; objections and suggested changes.. 26 7689,, Paving—Change in ' 17 4756: Sewers—Form where rights of way have not been acquired 17 4721 Should not let contractor specify time for doing work 20 5895 Sub-contractors should not be required to be named 18 5215. Weighing of coal for Park Board 17 4730- SPEED— Limits of street cars 25 7373 SPRING GARDENS— Claim of City to new land; riparian owner, etc... 22 6360> SPRINGS— See "Water. SPRINKLING— See Streets. STANDARD OIL COMPANY— When shares are taxable in Maryland 28 8413' STARR M. P. CHURCH— Wharf of Baltimore & Philadelphia Steamboat Co. —Interest in 26 7813 Wharf—Ordinance relating to 26 7862- STATE OF MARYLAND— Alley south of Tobacco Warehouse deeded to State; City should pave 17 4782 STATE BOARD OF HEALTH— Control of water supplies, sewers, etc 23 7004 Water Supply of Baltimore—Power over 22 6518 STATE CODE— See Public General Laws. STATE CODE (I860)— SECTIONS CONSTRUED— Article 4— Sees. 263, 267 • 22 6413 226 OPINIONS OF THE CITY SOLICITOK

STATE OFFICES— , Vol. Page In Court House; rent for. , 19 5555 STATE OFFICIALS— City should not pay part of salary 20 5945 STATE PROPERTY— Benefit Assessments 22 6424 Exempt from taxation 26 7887 STATE ROADS COMMISSION— Completion of roads and streets in City; acceptance of, etc.— 26 7693 7709 Roads paved by, not public street until completed.. 19 5502 Sidewalks—Authority to grade 20 5811 STATE TAX COMMISSION— Assessments of shares—Appeals '•... 26 7944 Not City officials or employees 20 5945 STATE TOBACCO WAREHOUSE— Alley south of, a public highway 17 4782 Benefit assessments for widening of St. Paul Street 22 6424 STATE'S ATTORNEY— Appropriation to be made by City— 22 6552 6563 6565 Expenses at Coroner's inquest—City not liable for 18 5055 Fees—List of cases on dockets, to show 23 6840 Habeas Corpus—Doctor's fees 18 5055 Stenographer at Coroner's inquest—City to pay cost 18 5095 STATIONERY— See Letterheads. Uniform letterheads not necessary 19 5409 STATUES— See Art Commission. STEAM ENGINES— . See Locomotives. Use on Eastern Avenue, etc 19 5546 STENOGRAPHER— See Coroner. STEPS— On Sidewalks—Revocation of permits 21 6267 Removal of, on Key Highway 21 6240 STERETT ALLEY— Should be closed 20 5763 STOCKHOLM STREET— See Grade Crossings. Baltimore & Ohio tracks on; water mains 23 6920 Water mains and tracks in 24 7128 . JANUAKY 4, 191.1—.DKCEMBKR 31, 192(5 22

Vol. Page STOCKS, LOANS AND FINANCE— See City Stock. Automobile may be purchased from proceeds of water loan 17 4813. STONE— Title to pile o£ crushed stone does not pass with ., property .'....._ 18 5113. STONY CREEK— See Harbor. STORAGE WAREHOUSE— See Warehouse. STORE KEEPER— City has power to establish 19 5503'. May be created by ordinance 20 5S38 STORES— See Zoning. Conversion of residence; permit 27 8094 License and taxes 22 6648- Permits approved by Mayor 26 780ft STORM WATER DRAINS— See Sewers. STORM WATER SEWERS— See Sewers. STREAMS— Interference with; damages 23 6925- Pollution of—Control by State Board of Health 20 5979- STREEPER STREET— Public street 26 7786- STREET CLEANING DEPARTMENT— See Garbage. Eight hour law applicable to 18 5032; Emergency Fund—Use for purchase of property.. 18 5206. Retirement System—Employees furnishing horse and cart entitled to membership 27 8229 STREET NAMES- HOW to he changed 17 4720- STREET RAILWAYS— See Franchises; Park Board; United Railways & Electric Company. Paving between tracks 22 6462 Speed limit 25 737a Tracks—Spaces between, in repair 22 6489> Trolley Wires—Anchoring to buildings. 22 6517 STREET VENDORS— See Licenses. 228 OPINIONS OF TUN CITY SOLICITOR

STREETS— Vol. Page See Alleys; Benefit Assessments; Commission­ ers for Opening Streets; Grades; Grades and Grading of Streets; Private Streets and Al­ leys; Sidewalks; Special Assessments. See also under name of individual streets. Aisquith Street; benefits 19 5599 Annex—Dedication of; when ordinance necessary. 23 6959 Appeal—Time elapsed for 21 6059 Barricades—Removal of 17 4777 Benefits and Damages—(See Opening hereunder) Delay in collecting 27 8236 Law as to assessing.. .• 18 5336 Review by Commissioners for Opening Streets— 20 5851 5853 Building material in— 18 5171 , 5200 Building on dedicated street; damages not allowed for moving 20 5793 Cemetery—Open through; limitations 22 6581 Closing— Damages for 18 5025 Procedure for 18 5123 Reversionary interest in bed of 20 5923 Condemnation plats to be made by City Surveyor.. 18 5017 Control over cannot be surrendered— 28 8339 8340 Dangerous and unhealthy substances—Salty mix-. tures 21 6095 Dedication.— 26 7786 7800 7835 28 8395 . . , 8452 Acceptance by ordinance— 24 7019 7021 Acceptance of— 22 6605 6632 Deed necessary 24 7018 What constitutes— 23 6959 28 8395 JANUARY 4, 1911—DECEMBER 31, 1926 229

Vol. Page STREETS—Continued: Dirt and rubbish—Dropping from vehicles 25 7648 Encroachments on; never give title 22 6592 Encroachments on; removal of building 22 6467 Fruits and Vegetables—Selling from wagon 26 7698 Grades— By whom to be established 20 5892 City not liable for consequential damages 18 5093 City not liable for consequential damages in changing ' 22 6396 Laws relating to establishing 20 5875 Liability— For change in 27 8112 To be established by City Surveyor— 18 5006 5335 Grading— City liable for damages in occupying private property by fill/ 27 8233. Fill, liability of City for 27 8233 May be considered in estimating damages 19 5518 Improvements on land he knows will be opened as street— 17 4946 4974 Key Highway—Omission of benefits mistake 19 5599 Lines of; by whom survey may be made. 18 5335 Names—Method of giving and changing 28 8434 Obstructions— Ordinance cannot authorize 23 6992 Removal of • 17 4778 Removal and disposition of 27 8231 To sewers, etc., to be removed 24 7238 Opening— In Annex; loan 17 4972 Measure of damages 19 5518 Notice, etc 18 5358 Ordinance cannot require all cost to be assessed against property benefited 18 5102 • Ordinance to open cannot be amended to change terminus without readvertising, etc.— 18 5177 5273 Payments for, after taxes are paid 22 6386 Procedure to be followed— 20 5985 5987 230 OPINIONS OF THE CITY SOLICITOK

Vol. Page STREETS—Continued: Reference to Board of Public Improvements; when unnecessary ! 28 8486 Refunds where ordinance is repealed or held in­ valid— 19 5444 5458 Reimbursement only in case of unusual delay. ... 20 5873 Repeal of ordinance promptly relieves City of liability for expenses 20 5873 Requirements for 18 5352 St. Paul and Courtland Streets 22 6619 Set-back lines— 28 8312 8418 Variance between ordinance and plat 24 7286 Opening—Benefits and Damages^ 19 5479 21 6260 . 23 6667 6750 6935 27 S259 Benefit assessments outside City 22 6646 Benefits not to exceed damages 24 7266 Benefits to equal expenses 21 6083 Changes in procedure for 17 4873 Grades to be established 23 6750 Sale of property for benefits— '.. 23 6854 ' 6857 Ordinance necessary to close 17 4830 Ordinance for opening need not be referred to Commission on City Plan : 17 4828 Ordinance to open; cannot be materially amended without readvertising 19 5378 Paving—Protection of 22 6529 Paving—Requirements as to private and public.... 25 7403 Pennsylvania Avenue—Ordinance to widen— 18 5177 .' 5273 Pennsylvania Avenue—"Widening 24 7090 Pimlico Circle—Not dedicated by deed to Carlin.. 22 6316 Power over cannot be surrendered— 28 8339 8340 JANUARY 4, 1911—DECEMBER 31, 1926 231

STREETS—Continued: Vol. Page Private— Acceptance of • dedication under Ordinance 753, 1922 26 7835 Bridges; repair of 26 7714 City not liable for bridges or drain covers over.. 26 7923 Ditch and posts on 29 7928 No authority to pave or repair 26 7705 Paving, etc., by City; liability 26 7786 Paving on fifty-fifty basis 25 7403 Repair of 25 7612 When may be paved without ordinance— 22 6605 6632 Projections or obstructions—Power to remove.. . 23 6941 ' Proposed opening—Does not authorize refusal of building permit— , 17 4760 4763 Proposed street on plat, but no ordinance; owner can build 23 6764 Public use for 20 years sufficient to make them public 17 4752 Reimbursement for expenses where unusual delay only 20 5873 Roller Skating—Roping of street for. 21 6279 Selling medicine on • 23 6910 Set-back lines— 18 5160 22 6387 28 8312 S418 Sprinkling by street railways— 23 6671 6672 Storage of building material in— 25 7669 7671 Substructures—Cost of changes in due to City improvements, by whom paid— 17 4718 4723 Title in case of opening 21 6260 Title of City inalienable 22 6595 Titles searched for opening 20 5757 Use of—Power to regulate— 21 6193 6196 232 OPINIONS OF THE CITY SOI/ICITOK

STREETS—Continued: , Vol. Page • Use of—When permits or franchises necessary.... 23 6778 Vehicles standing on 21 6204 "Widening by narrowing sidewalks 18 5135 Widening—Damages to property 26 7914 SUB-CONTRACTORS— See Contractors; Contracts. City not liable to— 22 6494 6504 Claim against contractor—Not City 20 5844 Claim against—Money due contractor cannot be re­ tained for 21 6222 Condition under which payment may be made.... 17 4797 SUBWAYS— See Conduits. SUIT— Dismissal; right of plaintiff 23 6828 SUMMONSES— See "Witnesses. By police and constables 20 5903 Not duty of City officials to deliver 20 5959 SUNDAY— No ordinance exempting Jewish places from closing. 23 6905 Organists and paid singers in churches not pro­ hibited 20 5972 Sale of ice and milk on— 20 5964 5966 SUPERINTENDENT OF BUILDINGS— Appointment of Mr. Levi A. Thompson valid 23 6989 SUPERVISORS OF CITY CHARITIES— See Bay View Asylum; Maryland School for Boys. Committees—Action by 24 7338 Committees—Powers of 25 7342 Illness of ward of; payment of expenses 20 5737 Insane—Can only pay for those without means.... 25 7427 Members—Rights of individual 25 7342 Powers of; expenditure of repair funds 24 7338 Property left at Bay View—Procedure as to 25 7572 Return of non-resident children and insane 24 7185 Superintendent of Bay View—'Salary of 26 7817 SUPERVISORS OF ELECTIONS— Increase in salaries of clerks, etc.— 24 7148 7154 7210 JAXTJAHY 4, 1911—DKCKMBEK 31, 1020 233

Vol. Page SUPERVISORS OF ELECTIONS—Continued: Judges and Clerks—Method of paying.: '.. . 21 6142 Salaries authorized by Legislature. 20 5928 SURETIES— See Bonds; Contractors. SURETY— Limitation of liability 21 6145 SURETY COMPANY— See Contracts. . . . SWIFT & COMPANY— Building Inspector not to act as to underpinning of adjoining property while litigation is pending... 17 4785 SWINGS— See Licenses. SWITCHING CHARGES— National Fuel Administration—Coal 25 7359 Power to regulate— . 20 5809 5842 SYDENHAM HOSPITAL— See Bay View Asylum; Municipal Hospital Commission. Child may be kept until normal in discretion of Health Commissioner 20 5869

T TABULATING MACHINES— Contract relating to rental, replacement, etc • 28- 8446 TANKS— See Oil Tanks. TAX— Federal on motor trucks 23 6947 TAX DISCOUNTS — Abolition suggested 27 8119 TAX JUDGMENTS— Should be paid in full by Referees in Bankruptcy— 17 4860 4861 TAX PENALTIES— Power to impose 27 8119 TAX SALES— Advertisement— • . 22 6444 6445 Advertisement to include notice of special paving tax and sewer charges 20 5765 234 OPINIONS OF THE CITY SOLICITOR

TAX SALES—Continued: Vol. Page Advertising—Form of— 23 6836 6837 For water rent 23 6851 Law relating to 19 5585. Municipal holiday does not affect validity of 17 4896 Proceeds—Disposition of excess— 22 6382 6383 Property erroneously sold; duty of City 26 7728 Redemption of property 25 7446 Sidewalks—Paving charge not to be included 22 6606 Title to property under; procedure 22 6594 TAXATION— See Assessments; Billboards; Exemption; Furniture; Taxes. Annex—Classification of .property.. .• 21 6224 Classification of property in Guilford (Old Annex). 23 6753 New..... 25 7522 Old 25 7526 Part of block in New and part in Old Annex. . 27 8020 Property—Abutting on private right of way of Railway Company; classification 20 5723 Army officer—Personalty not exempt 28 8478 Assessments; condition as to appeal 20 5752 Banks—City cannot change rate on stock 23 6885 Bonds of Washington Suburban Sanitary Commis­ sion. 26 7711 Building and Loan Associations—Loans on notes.. 27 8035 City property in County exempt 23 6726 Consul—Automobile exempt 28 8420 Deposit in Savings Bank—Not other effects or property which would make $75 of furniture tax­ able 18 5010 Deposits—Certificates of 27 8185 Exemption— Army officer—Personalty not exempt 28 8478 Brick kilns claimed as personalty 27 8110 City property 21 6215 City property in County. . . .' 25 7617 Consul—Automobile 28 8420 Furniture owned by husband and wife 28 8327 Manufacturers 22 6576 Manufacturers in New Annex 23 6789 Manufactures—Application for 24 7114. Maryland Historical Society 23 6776 Newspaper plants not entitled to 21 6183 JAXUABY 4, 191.1—DECEMBER 31, 1926 ' 235

TAXATION—Continued: Vol. Page Exemption—Continued: Oil Tanks—When exempt 26 7939 Property used by church but not owned by it is not entitled to it 19 5445 Public property 23 6922 Securities of corporation not doing business in Maryland 28 8344 Status as of October 1 each year determines.... 27 8064 Furniture—Owned by husband and wife 28 8327 G-oucher College—Exempt from 17 4769 Imports—Law as to 27 8177 In Old Annex 24 7080 Insurance Company—Securities included in value of shares 27 8116 Interstate Commerce—Goods in 27 8177 Limits of direct—Meaning of 27 8191 Loans—Receipts for chattels to secure not taxable. 27 8108 Manufacturers—Exemption 23 6889 Mortgage certificates are taxable— 27 8007 28 8371 Overpayment; legislation for refund 23 6782 Owner of equitable .interest subject to 26 7922 Personal property shipped into State for export or sale 27 8102 Personal property—Owner of equitable interest in. 26 7922 Personal property—Not preferred before mortgage on real estate 28 8335 Securities—Assessment against Company; part­ ners residing in separate jurisdictions— 27 8267 8281 Securities of corporation not doing business in Maryland exempt 28 S344 Shares of foreign corporations—List of owners.. 26 7853 Shares of foreign corporations—When taxable.... 28 S413 State property exempt 26 7887 United Railways and Electric Company—Valuation of shares— • 23 6755 -. 6757 TAXES— See Benefit Assessments; Exemption; Liens; Refunds; Special Assessments; Tax Judg­ ments; Tax Sales; Taxation. Abatement—In case property is sold to State after assessment made 21 6218 236 OPINIONS or THIS CITY SOLICITOR

TAXES—Continued: Vol. Page Power to make— 26 7770 7777 Securities not paying dividends 21 6066 Against bankrupt 26 7871 Arrears— Interest and penalty 19 5507 Not collectible after 4 years 23 6979 Penalty— ." 20 6006 23 6929 Assessment of shares; date of, etc 22 6389 Assessments— Abatement— 24 7256 : 7258 Appeals to Comptroller and Treasurer 26 7694 Basis as of Oct. 1 23 6898 Remain on tax books until taken off 22 6337 Bankrupt—Prior lien includes interest and penalties 26 8002 Bankrupt estates 26 7804 Certificates errpneously showing taxes paid relieves innocent purchaser 21 6052 City property exempt; State and Federal property 23 6922 Collection— Delinquent 18 5250 • Methods which may be used for -.... 17 4862 Tax sales, etc 22 6445 Discounts—Abolition suggested " 27 8119 Distraint to collect 18 5250 Error—Certificate showing taxes paid relieves in­ nocent purchaser 21 6052 Estates—Securities which had escaped; interest and penalty 19 5507 Exemption—City property in County... 21 6072 Exemption—Fire Insurance Salvage Corps 26 7934 Ground Rents—Income from, not taxable 18 5041 In Annex—City cannot change 18 5281 Levy; time four year limitation begins to run 19 5507 Liability of owner in case of transfer of prop­ erty; abatement • 19 5388 Limitation— Advertisement. . . 22 6444 Applies to City and County taxes only 19 5587 Four years . 23 6979 National Bank of Baltimore—Stock of another bank absorbed by it • 22 6389 JANUARY 4, 1911—DECEMBER 31, 1926

TAXES—Continued: Vol. Page Omitted property; four years back 19 5507 On shares of stock are preferred claim 21 6147 On personal property not preferred before mort­ gage on realty 28 8335 Ownership as of Oct. 1 determines status of property 18 5179 Paid by mistake—Limitation as to refunds 22 6313 Penalties— Delinquent 26 7744 Non-payment of 26 7930 Power to impose 27 8119 To be charged when in arrears 20 6006, Prior lien upon proceeds of sale of tangible assets of corporation 19 5602; Refunds— Disallowed 17 4810 Disapproved 17 4840> In case of error 26 7883; Property destroyed by fire; ordinance invalid... 25 7395 Sale of City property acquired for non-payment of. 18 5134 Securities—Abatement when not paying dividends.. 21 6066. Shares of one bank absorbed by another; date when assessment applies, etc 22 6389* State—No limitation as to time 19 5587 Survey of lots to be sold for 20 5953. TAXICABS— Rates of fare fixed by Police Commissioner 19 5477 TAYLOR STREET— United Railways & Electric Company liable for. ... 22 6621_ TEACHERS— See Retirement System; School Board; Schools. In Annex—Rights in Retirement Fund; conditions. 23 6919' Injuries—School Board not liable for 24 7147 List of eligibles—Provisions as to 23 6677 Oaths not required by law 23 665a On leave at State Normal; status as to pension system 26 7972 Pensions— Ineligible if not employed after passage of Act.. 18 5042 Method of determining amount 25 7583 Only those who are members of Retirement Fund are entitled to 25 7443 Status of former teacher on re-entering service. . 25 7581 Teachers in New Annex; transfer from Baltimore County fund 23 6831 Removal of—Note on 22 6510 Retired on pension—when proper to accept another position 20 6004 23S OPINIONS OF THE CITY SOLICITOR

Vol. Page TEACHERS—Continued: Retirement account incapacitation; conditions as to 22 6405 Salaries—Power of School Board to fix. 18 5354 Salary of deceased; payment of 28 8328 Substitutes—Rules as to 23 6834 Suspension; salary— 18 5226 5234 5235 Suspension and dismissal; not entitled to salary.. 18 5220 TEACHERS' RETIREMENT FUND— See Pensions; Retirement System. Retired teacher may be employed for other work— 18 5242 20 6004 TELEGRAPH POLES— Franchise required for erection- 22 6579 6583 Relocation in Dulany Valley 25 7630 TELEPHONE RATES— Case before Public Service Commission 19 5495 TEN HOUR LAW FOR WOMEN— Not applicable to Free Public Bath Commission. .. 18 5178 TENANT— See City Property; Nuisances. 'TENEMENTS— Health Commissioner to enforce ordinance relating to— 17 4744 4753 ^Reuriirements as to water closets, etc 18 -5083 TERM OF OFFICE— See Officers. TERMINAL HEATING & FREEZING CO.— Franchise for use of conduits 28 8465 THEATRES— See Licenses. Building Code provision is police measure and applies to all theatres 20 5894 Indecent performances; penalty 23 6874 Mayor cannot cancel permit*for 23 6874 Permit for 22 6358 Smoking in— 24 7231 7235 7275 JANUARY 4, 1911—DECEMBER 31, 1926 239

Vol. Page THIRTY-NINTH STREET— Sewers in; deed to bed of street 17 4773 Sewers—Title in University Parkway Co 21 606ft THIRTY-THIRD STREET— Conduits of Chesapeake and Potomac Telephone Company in 17 4833 Parking of— 21 6179 6181 Portico on sidewalk 21 6197 THOMPSON, LEVI A.— Appointment as Superintendent of Buildings valid 23 6989 TICKET SCALPER— See Anti-scalping. | TITLES— See Acts; Ordinances; Streets. Deeds should not be returned to owners unless certificates are cancelled 17 4909 Definition of seizin 25 7605 Of ordinances—Law as to— 27 8087' 28 8424 Requirement as to title of legislative Acts— 25 7463 7469' 7470 To be searched under direction of City Solicitor.. 17 4791 TOILETS— See Building Code. TOPOGRAPHICAL SURVEY COMMISSION— Employees—Appointment of 24 7016' TRACKS— See Railway Tracks; Railroads; United Rail­ ways and Electric Company. Relocation— Of on President Street 22 6394 Of when necessary 22 6636 On Light Street 19 5623 TRADING STAMPS— Laws relating to 22 6327 TRAFFIC— See Parking. City cannot authorize Police Commissioner to reg­ ulate 26 7836 Parking; rules of Park Board prevail 24 7117 240 OPINIONS OF THE CITY SOLICITOR

Vol. Page TRAFFIC—Continued: Regulations apply to all highways generally used by the public 26 7969 Report of Committee on 26 7818 Right of way of fire apparatus 25 7543 TRAFFIC ORDINANCE— Sidewalks—Driving over permitted 17 4770 Sidewalks—Provisions relating to use of 21 6146 Vehicles—Owner may keep in front of premises.. 21 6172 TRAILERS— See Motor Vehicles. TRAINS— See Whistles. TRANSFER BOOK— See City Stock. TREES— City Engineer may provide for spaces on sidewalk for— '. 20 5936 5952 Damages by private individual or company; suit is remedy 19 5445 Insulation of wires placed in 19 5559 Obstructions to sidewalks—Removal 26 7974 , "Protection against salty mixtures 21 6095 ^Removal— Conditions for; cost 19 5471 Cost of; when City should pay for 21 6011 3Y>r improvement of street 22 6447 For improvements 22 6538 Planting of others; power of City 20 5748 Substitution of others; no authority to do— 20 5936 5952 When in dangerous condition; notice 26 7908 Trimming without permit 25 7607 TRIANGLE ON ROSE STREET— See Rose Street'Triangle. TROLLEY POLES— City not liable for damage to 19 5597 TROLLEY WIRES— Anchoring to buildings—City could not require.... 22 6517 TRUANT— See Schools. TRUCKS— See Motor Vehicles. Purchase of—Requirements >. 24 7064 jA*i

TRUSTEES— Vol. Page See Bankrupt; City Stock. City stock registered in name of may be trans­ ferred on court order if signed by one 17 4727 Of contractor—Payment to 21 6095 Transfer of City stock— 17 4844 4845 TUBERCULOSIS— See Health. Reportable disease 23 6699 TUITION— See Schools. Credit for taxes; when allowable— 22 6562 ,6572 No abatement in fees for sickness 23 6838 Taxes paid City; credited on 23 6817 TUNNEL— Davis Street—Ordinance necessary to enlarge.... 18 5180 Inspection fee in re repairing 22 6333 Lexington Street; street to be protected 20 5749 Permit for working on 22 6380 TURNPIKE ROADS— Obligations of City as to 19 5570 TYPHOID CARRIERS— Control of. 22 6432

U UNDERPINNING— See Buildings. Building Inspector not to act while litigation be­ tween parties is pending 17 4785 In case of warehouse purchased by City 17 4814 When due to change of street grade 17 4795 UNDERTAKERS— See Embalming; Health. Act relating to; validity of 18 5338 Ice boxes to preserve dead 26 7785 UNDERTAKING ESTABLISHMENTS— See Zoning. UNDERWOOD ROAD— Roland Park Co. not obligated to pave 28 8399 UNEXPENDED BALANCES— See Appropriations; Ordinance of Estimates. UNION PASSENGER RAILWAY COMPANY— Spaces between tracks in repair; "existing ordi­ nances" construed :... . 22 6489 242 OPINIONS OF THE Our SOLICITOR

UNION RAILROAD COMPANY— Vol. Page Bridge over Luzerne Street. 17 4846 Deed to City; authority for— 20 5888 5892 UNION STOCK YARD COMPANY— Sewer through premises; conditions 20 5977 UNITED FIRE BRICK COMPANY— Liquidated damages should not be exacted 17 4853 UNITED RAILWAYS & ELECTRIC COMPANY— See Damages; Franchises; Lamps and Light­ ing; Park Tax; Street Railways. Annex—Pavementt in track area 26 7847 Ballast—Agreement as to; power to make further requirements 20 5886 Callow Avenue—Franchise for; powers of Board of Estimates and Council respectively 19 5576 Claim to O'Donnell's Wharf. 23 6736 Claims against City and by City for paving, etc.... 24 7320" Clinton Street—Paving in track area 27 8004 Conduits—Damages to 26 7982 Conduits—Taxable. 21 6124 Conduits in Eastern Avenue 27 8017 Crossings with Belt Railway—Maintenance of 27 8117 Curves to car barn on Retreat Street; Ordinance not necessary 24 7167 Cut in pavement in railway area; permit and fee.. 20 5721 Damage to tracks by sewerage contractor; City not liable but in case of negligence contractor is. .. . 20 5783 Damages to trolley poles—City not liable 19 5597 Double tracks on Seventh Street; perpetual fea­ ture invalid : 17 4999 Eastern Avenue—Obligations as to paving and repairs 25 7592 Edmondson Avenue Bridge—Stringers under tracks 23 6852 6865 Elevated Structure—Stairway to 22 6557 Extensions—City cannot require but Public Service Commission may— 19 5550 ... .' 5554 Fare—Ordinance cannot require one rate in City. . 24 7312 Fares—Power of Public Service Commission to change— ,23 6807 6816 . 25 7384 JANUARY 4, 1911—DECEMBER 31, 1926 243

UNITED RAILWAYS & ELECTRIC COMPANY—Continued: Vol. Page Feed Wires—May be made to place in City conduits 17 4834 Perry—Cannot be required to operate— 23 6754 6771 6783 Five Cent Fare—Public Service Commission can " change 25 7422 Franchise— Approval by Public Service Commission 20 5832 Flat or annual charge. 26 7783 In New Annex by Roads Commission 23 6893 Over Hanover Street bridge— 22 6384 6392 On Howard, Camden, Conway and Light Streets— Cannot be perpetual 18 5239 On Howard, Camden and Conway Streets; new grants 18 5275 Franchise Ordinance—Error in can be cured by letter 24 7038 Franchises and paving requirements on South, Bal­ timore and other streets. 20 5754 Frederick Road—Park tax to be paid on lines 22 6644 Frederick Road—Paving to be kept in repair 20 5833 Gross Receipts or Park Tax—Disposition of pro­ ceeds 19 5618 Hauling sand and gravel through streets— '17 4858 4864 Huntingdon Avenue—Paving— 18 5207 5209 Leaks in water mains 22 6549 Liable for paving, grading, etc.— 17 4996 4997 North Avenue—No paving obligations from Charles Street to Guilford Avenue 25 7608 Obligations— As to paving and repairing between tracks, etc. . 17 4998 As to paving done by Paving Commission 18 5145 For repairs to paving 18 5332 Relative to paving and repairing track area on Fairmount and Fulton Avenues— .. 25 7527 7528 244 OPINIONS OF THE CITY SOLICITOR

UNITED RAILWAYS & ELECTRIC COMPANY—Continued: Vol. Page Park Tax—Law relating to * 21 6226 Park Tax—Method of calculating 20 5784 Paving—• Agreement as to 22 6621 Between tracks— 18 5152 : 5207 5209 5210 Between tracks, etc., on Saratoga Street 20 5901 Between tracks; City may name material— 19 5437 '. 5438 Between tracks—Obligations on certain streets.. 24 7204 In track area around City Hall 21 6118 Inspection charge— 18 5244 5246 Keeping in repair 21 6159 Liable for on Taylor Street 22 6621 Method of arriving at, cost 18 5262 Repairing on Pennsylvania Avenue 21 6232. Paving Guarantee—Contractors to meet— 21 6231 6249 Penalties—Procedure to collect 19 5375 Pennsylvania Avenue and Reisterstown Road Con­ demnation—Form of award 20 5931 Purchase by City under provisions of Ordinance 44, 1859 25 7413 Rails at crossings—Authority of City Engineer as to 20 5962 Relocation of tracks— 19 5422 5424 5429 Relocation of tracks at expense of Company 19 5623 Repeal of franchise of 1859; conditions as to 25 7416 St. Paul Street—Paving north of North Avenue 25 7662 Sewer under street on which tracks are laid; cost of taking care of tracks 18 5276 Shoring or bracing tracks during repairs to Heat­ ing Line—Cost of— 28 8339 8340- Speed limit 25 7373. JANUARY 4, 1911—DECEMBER 31, 1926 245

UNITED RAILWAYS & ELECTRIC COMPANY—Continued: Vol. Page Sprinkling of streets— 23 6671 6672 Subject to special paving tax 18 5314 Taxation—Valuation of shares— 23 6755 6757 Tracks— In center of widened street; Company to pay cost of relocating— 19 5422 . . . : 5424 5429 On Calverton Road laid prior to annexation.... 17 4823 On Payette Street to be moved at own expense. . 18 5327 On Garrison Avenue; annual rental: 19 5540 On Linden Avenue; obligations as to repairs, etc. 20 5714 On University Parkway—Paving 18 5205 On Windsor Mill Road—Claim to private right of way . I 20 5733 Settling due to work of Water Department 19 5472 Water Pipes—Leaks under tracks; cause of— 21 6036 6037 UNITED STATES— Act to transfer jurisdiction over Ft. McHenry. .. . 21 6310 Cables in conduits 19 5476 Claims against for damages to Lafayette Square. . 21 6291 Excise tax on motor vehicles purchased by City.. 27 8006 Ft. McHenry—Lighting equipment of Park Board.. 23 6702 Not liable for motor vehicle licenses 22 6449 Power over navigable waters 23 6792 Quarantine—Lease of 23 6891 Railroads—Switching charges on coal 25 7359 Sidewalks in front of National Cemetery—Federal Government not liable for cost— 21 6025 6029 Sidewalks—Paving in front of property owned by United States . 20 5944 Use of conduits 19 5572 UNIVERSITY OF MARYLAND— Nature and powers of institution 27 8164 Property exempt from taxation 24 7274 UNIVERSITY HOSPITAL— Maternity Department—License 27 8162 246 OPISWXS OF THE CITY SOLICITOR

UNIVERSITY PARKWAY— Vol. Page Tracks on; paving 18 5205

V VACANCY— Appointment to fill 23 6989 VACANT LAND— Front foot tax for water mains—Authority to im­ pose. 20 5815 VACATION— Cannot be given after expiration of term 23 6956 School attendance officers 28 8305 VACCINATION— Power of Health Commissioner to require; re-vac­ cination— 24 7270 7271 7281 7296 Requirements for school children—: 24 7225 7272 7284 7296 VACCINE PHYSICIANS— See Health Wardens. VACUUM PRODUCER— Construction of "approved equal" or "equal" in contract for 26 7924 VAN SICKLE CASE— Reference to ... 21 6300 VAULTS— See Minor Privileges. Boiler, etc., to be removed if in way of conduits, etc 23 6768 Damage to by construction of sewers 21 6103 Procedure where vault should be filled up 20 5778 Sewer connection to vault sufficient 20 5873 VEHICLES— See Motor Vehicles; Wagons. Definition of 21 6194 Horse-drawn—All-night parking 22 6549 Owner may keep in front of premises— 21 6172 6215 Standing on streets—Hours limited 21 6204 Storage in private alley 18 5202 Use of street—May charge for .' 21 6207 JAXUAEY 4, 1911—DECEMBER 31, 1926 247 Vol. Page VENDORS, STREET— See Licenses. VENETIAN BLINDS— Use of not prohibited 25 7436 VENT PIPES— Location of 19 5492 VESSELS— See Harbor; Harbor Board. Sunk in harbor; notice for removal— 23 6969 , 28 8329 VETERAN VOLUNTEER FIREMEN'S ASSOCIATION. 17 4943 VIOLATIONS— Of laws—Remedy 19 5440 VOTERS— See Employees; Municipal Officials. Employees need not be registered 18 5015 Ordinance requiring contractors to employ invalid. 18 5215 VOTING— Members of Paving Commission 17 4967

W WAGES— See Current Rates of Wages; Day Laborers. Enforcement of law as to current rate 17 4991 Ordinance requiring certain wages to be paid by contractor invalid 18 5052 Unpaid on death of employee—To whom to be paid. 18 5053 WAGONS— See Licenses; Vehicles. Lights—No ordinance requiring 21 6215 Standing on private alleys 21 6203 Standing on streets—Hours limited 21 6203 Standing on streets prohibited— ' 20 5951 5958 21 6159 WALBROOK LAND CORPORATION— Nuisance caused by sewer—City should abate.... 17 4927 WALRAD AVENUE— Hedge in public part of it may be cut 19 5677 WAR— See War Tax. Alien enemies—City stock of cannot be transferred. 23 6696 Modification of contract on account of 22 6607 Revenue Act not applicable to City stock 23 6721 Tax on trucks bought by City 23 6947 248 OPINIONS OF THE CITY SOLICITOR

Vol. Page WAR MEMORIAL BUILDING— Title to 27 S044 WAR MEMORIAL COMMISSION— Workmen's Compensation and insurance 27 S046 WAR TAX— See War. City not liable for when contract is silent 26 7892 WARDEN— Jurisdiction limited to City 23 8872 WAREHOUSES— See Port Development Commission. City exempt from State license 26 7799 State license does not apply to City warehouse.. 27 8005 WARRANT— See Nuisances. WARRANT CHECK— Form and eligibility of 18 5128 WASHINGTON, BALTIMORE AND ANNAPOLIS RAIL­ WAY COMPANY— Gutter plates removed by City Engineer 21 6031 WASHINGTON SANITARY SUBURBAN COMMIS­ SION— Taxation of bonds 26 7711 WASHOUT— See Contractor. WATER— See Annex; Annex (New); Pipes; Public Im­ provement Commission; Roland Park Water Company; Water Dept.; Water Rents. Annex— Acquisition of companies in; measure of dam­ ages— 24 7301 7333 Extending supply into; conditions 23 6913 Formation of Company 23 6897 Right of City to refuse supply until outstanding bills are paid 25 7597 Automatic Syphons—Power to require use of 20 5741 Baltimore County—Not to be furnished water com­ panies :..... 20 5813 Board cannot require automatic cellar drainers.. 20 5870 Board does not have power to change rates fixed by ordinance— 21 6082 6083 Board—Power to abate charges. 25 7344 J'ANUAKY 4, 1911—DKCK.MBKK 31, 1!)26 2+i)

WATER—Continued: • Vol. Page

Bonds of companies purchased by City—Placo; for paying interest coupons 26 7S84 Charge for investigation; when to be paid by owner IS 5138 Charge for private Are protection 27 8228 Charges—Abatement of 25 7344 Condemned as unfit by Health Department 21 6248 Connections without consent of City—Penalty— 20 5845 5846 County residents—No obligation to furnish 22 6574 Damage to drain by contractor of Sewerage Con- mission— 18 5062 5099 Damaging property of another 24 7230 Draining into cellar—Owner to remedy— 24 7044 7045 Fireboat—No charge for water used 25 7623 Fishing not allowed in waters under control of department 23 6744 Fountains—Discretion as to kind or type 18 5061 Leak into gas pipes; City not liable 20 5688 Leaks under railway tracks; damage to paving— 21 6036 6037 Libraries (Branch)—No charge should be made.. 26 7746 Loch Raven Dam—City to pay cost of relocating line by Postal Telegraph Company 21 6160 Loch Raven Supply—Relocation of telegraph poles. 25 7630 Mains—Extension beyond City boundary 18 5236 Mains—Railway tracks; priority of public street or tracks important element 23 6920 Mains under property of Roland Park Company. . 18 5255 Meters—Cannot be placed in dwellings ,. . 19 5498 Pipes—Disturbed by sewerage contractors; cost of replacing. . . 21 6155 Pitometer Survey—Appropriation for , 21 6241 Private fire protection—Charges 27 822S' Rate for Talmud Torah Society 24 7206 Refund of water rents— 19 5500 5501 Roland Park Company—Artesian well : 23 6876 Stop cocks on service pipes—Cost of locating and marking 20 6007 250 OPIXIOXS OF THE CITY SOLICITOE

Vol. Page WATER—Continued: Supply in West Arlington; contract with Improve­ ment Company; rates, etc 19 5575 Water pipes under Eager Street Bridge—Cost of changing— 20 5906 5915 Wells and Springs—Water condemned as unfit.... 21 624S WATER BOARD— See Water; Water Dept. Members are City officials 24 7011 Titles to be searched by City Solicitor 17 4791 WATER COMPANIES— See Annex. WATER DEPARTMENT— See Annex; Water; Water Mains; Water Pipes. Annex—May supply public schools 24 7194 Annex—When mains may be extended 24 7177 Electric transmission line over Gunpowder Val­ ley—Revocable permit for 26 7927 Employees—Appointment and removal of 24 7078 McDaniels Property—Title to .'.., 22 6440 McDaniels Property et al.—Title to— .- 22 6479 6533 Mains beyond City boundary. 18 5085 Meters—Power to change; cost of 25 7611 Meters—Power to install 27 8091 Mt. Royal Reservoir—Removal of mains 26 7796 Property—Title to— 22 6479 6533 Roads—Maintenance of roads partly over City property and partly in County 23 6901, Roads through property; maintenance of by County or City— 23 6709 6734 Sale of water company property 26 7707 Work causing settling of railway tracks 19 5472 WATER FOUNTAINS— See Water. No jurisdiction given to City Engineer 17 4818 WATER FRONT— See Harbor Board. WATER FRONT PROPERTY. Lease for 20 years—Validity of 25 7584 JANUARY 4, 1911—DECEMBKB 31, 1926 251

Vol. Page WATER LOAN— Purchase of automobile from proceeds proper..... 17 4813 WATER MAINS— See Roland Park Company; Water. i Beyond City boundary at expense of owner 18 5085 Laying in advance of paving 18 5187 Leaks caused by street railways 22 6549 Of private companies to be removed for laying of sewers 24 7238 Property of City even laid at private expense 25 7517 Purchaser of property put on notice as to location of 18 5266 WATER METERS— Power to change 25 7611 WATER PIPES— Damage by railroad cars 23 6668 Damage to, by sewerage contractors; agreement as to 20 5728 Injuries to—City or contractor not liable for in absence of negligence 17 4766 Under Eager Street bridge—Cost of changes— 20 5906 5915 WATER RENTS— Abatement of : 20 5715 Abatement or reduction—Authority for 25 7591 Annex—Collection of delinquent bills 26 7676 Annex—Rents due company when bought by City not liens 28 8383 Arrears—Collectible unless abated 23 6676 Certificate that it was paid, though unpaid; effect. . 20 5814 Charge for automobiles suggested 17 4983 Charitable institutions—Basis for rates 18 . 5059 Front foot tax on vacant land; authority to impose 20 5815 In arrears—Power of City to collect 22 6326 Lien on property— 20 5856 '. 28 8383 Lien on property same as taxes 23 6851 Manufacturers—Power to grant special rate 18 5324 Refund in case of reduction in rate 18 5124 Refund where paid in error; method 18 5175 Talmud Torah Society entitled to rate for chari­ table institutions 24 7206 Unpaid bill lien; no warrant for turning off water on another house of same owner 23 6820 WATER SIDE PARK— See Parks. 252 OPIXICKXS OF THE CITY SOLICITOR

Vol. Page WATER SUPPLY— Authority of State Board of Health over 22 6518 WATERS— Protection from pollutions, etc 24 7004 WEEDS— See Nuisances. WEIGHING MACHINES, PENNY— See Licenses. On sidewalk prohibited without permit 23 6774 WEIGHTS AND MEASURES— Goal—Sale in small quantities • 26 7941 Combine duties of Inpsector with Superintendent of Markets 26 7779 Council cannot pass ordinance at variance with State law ; 26 7978 Forms to be used in giving notice of short weight.. 27 8009 Short weight 26 7941 WELLS— See Water. Damage to by sewers; City not liable 20 5967 WEST ARLINGTON— Sewers in streets conveyed to City become property of City 19 5437 Water Supply—Agreement between Improvement Company and City 19 5575 WEST ORDINANCE— See Segregation Ordinance. WEST PARK RECREATION CENTRE— See Hampden—Woodberry Neighborhood Asso­ ciation. WEST RECREATION CENTRE— . See Billiard Tables. WESTERN MARYLAND RAILWAY COMPANY— Bridge over Bentalou Street; City to build 19 5417 Claim title to Perry Bar 21 6033 Claim to City property at Ferry Bar 21 6090 Franchise on Clement and other streets to York and Light Streets 19 5590 No obligation to build bridge over Baker Street.... 25 7534 Tracks over sewers— 23 6694 6697 WHARVES— See Harbor; Piers. City not liable for loss of lumber on City wharf 18 5100 Federal legislation might destroy on navigable waters. .' 23 6792 JANUARY 4, 1911—DECEMBER 31, 1926 > 253

WHARVES—Continued: Vol. Page Fort McHenry—Control of 21 6157 Franchise—Delay; power to waive forfeiture, etc.. 23 6766 Power of City to lease, etc 26 7767 "Repairs" does include strengthening wharf 19 5548 - Starr M. P. Church—Ordinance relating to 26 7862 Starr M. P. Church and Baltimore & Philadelphia Steamboat Company—Respective rights in wharf 26 7813 Strengthened for garbage truck; City to pay, not Southern Products Company 19 5548 Wharfage rates—Increase in, by ordinance 26 7713 WHARFAGE— Charges are lien against lumber 26 7880 Increase in rates on lumber 26 7713 Ordinance imposing fee valid 20 5846 WHISTLES— Blowing by locomotives 23 6880 WHOLESALING— Definition of : 21 6187 WIDOWS— See Fire Department; Pensions. WILLIAM STREET— Crane at foot of— 22 6407 6435 6450 Wharf at foot of; title to, etc.— 22 6407 6435 6450 WINDSOR MILL ROAD— Railway tracks on; public road 20 5733 WIRES— See Conduits; Trees. WITNESSES— See Summonses. Power of Council to summon, etc 25 7553 WOMEN— See Ten Hour Law. Teachers—Equalization of salaries 26 7956 Teachers—Married women may continue as 26 7943 Teachers—No discrimination on account of sex.... 26 7898 WOOD— Contractor to furnish all needed at contract price— 18 5105 5118 WORK— See Plumbing. 254 OiM.viONs OF THE CITY SOLICITOR

Vol. Page WORKMEN'S COMPENSATION— See Retirement System. Act applies to certain City employees— 21 6014 6020 6042 Certain municipal employees under 21 6053 City not liable for failure of contractor to insure. . 22 _ 6393 Claim for injury resulting from accident 24 7260 Contractor to pay premiums on policies 25 7665 Contractors—Law not applicable to those who en­ gage contractors • 22 6393 Harbor Board—Employees of, may be beneficiaries under— , 26 7866 ' 7870 Law Department—Not covered by Art . 22 6548 Person overcome by heat—Not accident— 26 7684 7685 Teachers—When protected under— 22 6312: 6319 Uncertain as applying to City employees 21 6123 WYMAN PARK— Acquisition of right of way across easement not contract subject to City Charter, Section 14.... 17 4716

Y YOUNG MEN'S CHRISTIAN ASSOCIATION— License not required— 27 8212: . . 8213

Z ZONING— Advertising—Signs, billboards, etc 27 8105 Advertising—When necessary 27 8161 Apartment—Use of basement as business office.. 26 7953 Appeals—Board may entertain 27 8278 Appeals—Rights to 26 7867 Appeals—Time limit— 28 8376: 8408 8411 Appeals—When to be filed 27 8201 Application of ordinance 28 846S JANUAKY 4, 1911—DECEMBER 31, 1926 255

ZONING—Continued: Vol. Page Authority to re-open cases. 26 7856 Billboard in residence use district illegal 26 7858 Billboards, signs, etc.—Advertising 27 8105 Board of Appeals—Jurisdiction to entertain ap­ peals 27 8278 Change from one commercial Tise to another; posting 28 S444 Conversion of residence into store—Permit for... 27 8094 Covenants in conveyances; commission cannot en­ force 28 8331 Curing of hides—Prohibited 27 8282 Development Plan—Limitation as to approval of.. 26 7986 Garage—Conversion of stable into 26 7958 Garage on vacant lot—Board can hear appeal 27 8278 Garages in residence districts—Permits for 26 7806 Garages in second commercial use district 26 7867 •Gasoline service station—Court order as to 27 8214 Maps—Part of ordinance 28 8494 Mayor and City Council not exempt 28 8349 Moving picture theatre on St. Paul Street 26 7913 Non-conforming use—Power of Board to change.. 26 7958 Non-conforming use—Power of Zoning Board as to. 26 7859 Ordinance applicable to buildings erected after.its passage 26 7984 Permit for building—Regularity of issuance cannot be questioned after erection 27 8089 Permits—Board cannot prescribe time for exer­ cise of 26 7954 Permits—Notice by Commissioner 27 8201 Permit for restoration of building destroyed by fire— 28 8382 . ...• , 8389 Re-opening or re-hearing case 28 8354 Revoking illegal permit—When City is estopped.. 26 7857 Special ordinance for building; effect of... 28 8448 Store—Illegal permit 26 7857 Stores in residence districts—Permits 26 7806 Temporary Certificates of Occupancy—Not valid.. 26 7786 Time Restriction—Board cannot place 26 7954 Undertaking establishment and garage on Eutaw Place; jurisdiction of commission 28 8405 ZONING COMMISSION— Member of Art Commission eligible for appoint­ ment 26 7682 Quorum of 27 8097 ZONING ORDINANCE— Advertising provision; construction of 26 7759 AN INDEX

TO THE Opinions of the City Solicitor OF BALTIMORE

For the Period From January 1, 1927 to October 1, 1931

(VefcWMES 29-31)

* CHARLES C. WALLACE, ESQ., City Solicitor, Jan. 1, 1927, to Sept. SO, 1927.

A. WALTER KRAUS, ESQ., City Solicitor, Oct. 1, 1927, to Sept. 30, 1931.

Prepared under the direction of R. E. Lee Marshall, Esq., City Solicitor

By HORACE E. FLACK, ESQ., Department o£ Legislative Reference.

Press of KING BROTHERS, INC. Baltimore, Md. 19 3 2 NOTE.

This Index to Volumes 29-31, inclusive, of the Official Opinions of the City Solicitor is a continuation of the Index issued in 1927, covering the Opinions of the City Solicitor found in Volumes 17-28, inclusive.

Volumes Pajres 29 _. 8496-8821 30 ."'. 8822-9062 31 9063-9297 Index to Opinions of City Solicitor

JANUABY 1, 1927 TO OCTOBER 1, 1931.

A ABATEMENTS— Vol. Page Water charges 30 8845 ABSENCES— See Nurses; Police Magistrates. ACTS OF ASSEMBLY- ACTS CONSTRUED OR REFERRED TO— 1870, Ch. 80 29 8590 1874, Ch. 514 31 9216 1880, Ch. 230 30 8976 1888, Ch. 98 29 8784 1890, Ch. 370 29 8646 1894, Ch. 162 31 9189 1900, Ch. 109 . 29 8713: 1900, Ch. 347 30 8884 8976 1900, Ch. 663 29 8567 1902, Ch. 512 31 9067 1902, Ch. 558 29 8644 1904, Ch. 42 30 8987 1904, Ch. 338 29 8785 1904, Ch. 638 31 9067 1906, Ch. 224 31 9204 1906, Ch. 344 30 8860 1906, Ch. 420 29 8686 1906, Ch. 809 31 9067 1908, Ch. 78 30 8899 1908, Ch. 131 29 8739 1908, Ch. 167 , 30 8976 1908, Ch. 214 29 8760 ' 8764 • 1908, Ch. 286 : 29 8784 1908, Ch. 582 29 8708 8784 1908, Ch. 583 29 8708 8784 1910, Ch. 55 29 8695 8821 1910, Ch. 409 31 9067 1910, Ch. 512 : .• 29 8681 1910, Ch. 570 31 9209 1912, Ch. 93 ..31 9067 4 OPINIONS OF THE CITY SOLICITOR

ACTS OF ASSEMBLY—Continued: "Vol. Page ACTS CONSTRUED OR REFERRED TO— 1912, Ch. 659 29 8708 8784 1912, Ch. 688 31 9106 1912, Ch. 777 31 9170 1914, Ch. 528 30 8828 1914, Ch. 532 29 8568 .i 8657 30 8884 8976 1914, Ch. 539 '• 29 8747 1914, Ch. 594 29 8798 1914, Ch. 675 29 8563 1914,.Ch. 721 .- 31 9067 1914,*Ch. 841, Sec. 244 • 30 8976 1916, Ch: 206 31 9067 1916, Ch. 223 31 9067 1918; Ch. 82 29 8516 30 8926 31 9196 1918, Ch. 88 '.... 30 8933 1918, Ch. 223 31 9259^ 1920, Ch. 373. 29 8815* 1920, Ch. 374 31 9246 1920, .Ch. 487 31 9067 1920, Ch. 560 29 8814 • 30 8858 ... 8935 31 9190 1920, Ch. 721 29 8784 1922, Ch. 500 31 9067 1922, Ch. 522 29 8587 1924, Ch. 155 30 9024 1924, Ch. 176 31 9067 1924, Ch. 231 '..-. 31 9152 1924, Ch. 245 30 9024 1924, Ch. 411 30 9023 [ 9051 1924, Ch. 436.. '. 31 9280 1924, Ch. 539 29 8504 8505 ." 8743 30 8915 8925 1927, Ch. 65 • 30 9059 1927, Ch. 155 29 8814 1927, Ch. 224....' 31 9180 JANUARY 1, 1927—OCTOBER 1, 1931 5

ACTS OF ASSEMBLY—Continued: Vol. Page ACTS CONSTRUED OR REFERRED TO— 1927, Ch. 312 29 8672 31 9239 1927, Ch. 331 29 8807 1927, Ch. 431 29 8652 8698 1927, Ch. 470 30 9000 9001 1927, Ch. 471 30 8936 31 9246 1927, Ch. 472 31 9196 1927, Ch. 570 30 8882 1927, Ch. 641 31 9254 1927, Ch. 654 31 9067 1927, Ch. 699 29 8691 1929, Ch. 113 31 9089 9114 1929, Ch. 134 31 9067 1929, Ch. 224 31 9140 1929, Ch. 242 31 9190 1931, Ch. 429 : 31 9294 1931, Ch. 518 31 9277 ADVERSE POSSESSION— Does not apply to beds of roads or streets 31 9175 ADVERTISEMENTS— See Contracts. Opening streets—Validity of notices 30 8996 Twenty-five per cent, deduction for publishing City notices, etc 29 8674 ' 8675 AIRPORT— Land—Act does not authorize purchase outside of corporate limits 29 8698 Loan—Ordinance necessary to prescribe agency to acquire property from proceeds 29 8698 Public Improvement Commission not authorized to advance funds from Harbor Fund for purchase of land for 29 8651 ALLEY— Fence—When owner may place across property.... 29 8548 AMERICAN DISTRICT TELEGRAPH CO.— See Conduits. ANNE ARUNDEL COUNTY— See Water. ANNEX (1888)— Crossland Avenue — Classification as rural would probably be sustained 29 8782 ; 8783 6 OPIJSTIOUS OF THE CITY SOLICITOB

ANNEX (1888)—Continued: Vol. Page Rural property—Classification by State Tax Com­ mission. 29 8782 8783 ANNEX (1918)— Baltimore County Water Company—Sale of property 31 9068 9091 Fire prevention-—Ordinance does not apply to New Annex 30 8926 Footways—Ordinance 51, May 2, 1902, relating to re­ pairs applies to 29 8516 Ordinance 51, 1902, applies to 29 8516 Streets—Structure in bed; no claim against City... 31 9175 United Railways—Rights in Wilkens Avenue 31 9152 Water mains—In Penniman road 31 9196 APARTMENT HOUSES— Ordinance relating*to tenements not applicable to... 31 9100 Permit for while ordinance prohibiting is pending— Question of policy 30 8862 APARTMENT HOTELr- See Zoning. APPEAL TAX COURT— Classification of property—Rural. 29 8782 8783 Employees—Bonds : 30 8962 Foreign insurance corporations—Not required to file list of resident stockholders ,.. 29 8568 8657 Mortgage companies—Officers may be required to give list of owners of their certificates 30 88'83 Stockholders—New Amsterdam Casualty Co. may be required to give list of 30 8942 APPEALS— See Zoning. APPROPRIATIONS— See Ordinance of Estimates. Transfer from one purpose to another prohibited... 29 8684 ARCHITECTS— See Public Improvement Commission. Fees; additional plans, etc 29 8599 ASSESSMENTS- SCO Taxes. Classification—Urban 29 8806 Classification by State Tax Commission—Appeal from not advised 29 8782 .-...., 8783 JANUARY 1, 1927—OCTOBER 1, 1931 7

ASSIGNMENTS— Vol. Page Of money due under contract with City—Duty of City 29 8752 Sub-contractors—Consent of bonding company should be secured , 29 8801 AUTO REPAIR SHOP— Near school 30 8988 AUTOMOBILES— See Insurance. AUTOPSY— See Coroner.

B

BALTIMORE & OHIO RAILROAD CO.— Damages for opening 8th Street—Proposed' memo­ randum in re paving unwise 29 8813 Mains, pipes, etc.—Construction of Ch. 55, 1910 29 8821 Tracks south of 26th Street—Not required to cover. . 30 9058 BALTIMORE CITY HOSPITALS— See City Hospitals; -Nurses' Home. BALTIMORE COUNTY— See Metropolitan District; Water. Fire Department — Representatives attending city school of instruction; bond suggested 31 9138 Metropolitan District—Mt. Washington Sewerage Co. —Charges for properties connected with 29 8504 8505 Roads—City to maintain certain roads on Loch Raven Watershed 29 8760 8761 BALTIMORE COUNTY WATER & ELECTRIC CO.— Mortgage bonds—Not exempt from taxation 29 8586 Sale of property—Disposition of proceeds 31 9068 9091 — Employees not eligible for membership in Retire­ ment System 31 9206 BANKS— See Taxes. Power to pledge securities to secure City deposits... 32 9294 BATH COMMISSION— See Free Public Bath Commission. BELT LINE RAILROAD— See Baltimore & Ohio Railroad Co. BENEFIT ASSESSMENTS— Parks—May be imposed upon abutting property.... 30 8995 Public Improvement Commission liable for 29 8794 8 OPINIONS OF THE CITY SOLICITOR

BENEFITS— Vol. Page See Streets; Streets—Openings. BIDDERS— See Board of Awards. Certified check — Cannot be returned if successful bidder fails to execute contract 31 9241 BIDS— See Contracts. Advertisements for—Form of 30 8861 Time—Bids received after time specified not to be considered 29 8697 BIRTH CERTIFICATES— By whom to be filed 31 9086 Mistakes—Method of correcting 319072 BIRTHS— Law as to reporting—Who to enforce 2S 8565 BLACKSMITH SHOP— When near school 31 9115 BOARD OF ESTDIATES— Minor Privileges—Push carts, fruit stands, etc 29 8744 BOARD OF AWARDS— See Bids; Contracts. Bidders—Who to determine lowest responsible 29 8601 Contracts—Lowest responsible bidder to be deter­ mined by Board 29 8601 BOARD OF ESTIMATES— Appropriation—Council cannot direct to include in Ordinance of Estimates 30 8979 Filling Stations—Power as to use of streets under Sec. 37 of City Charter 30 8836 Minor Privileges—Gasoline tanks, curb fill 29 8496 Vice-President of Council—When may act as mem­ ber of 30 9045 Water Charges—To fix in markets 30 8980 BOARDS— See Minority Representation. BONDS— See Contracts. Appeal Tax Court—Employees required to give 30 8962 Deputy City Register 31 9261 School contracts—President may designate subordi- date to approve .' 29 8622 8623 Should be in favor of Mayor and City Council and not of departments 30 8886 BOWLING ALLEYS— Personal or real property—Facts in each particular case to determine: , 30 8931 JANUARY 1, 1927—OCTOBER, 1, 1931 9

BRIDGES— Vol. Page Pennsylvania Railroad—Contracts; City to pay part of cost 31 9183 9185 9223 BUDGET— See Appropriations; Ordinance of Estimates. BUILDING CODE— See Zoning. BUILDING PERMITS— See Zoning. Application by owner or agent only 30 8944 Applications—Notice of disapproval cannot be re- dated for purposes of appeal 29 8523 Owner—Application to be made by or by agent...... 30 8944 BUILDINGS— ' See City Council; Hospitals; Zoning. Alterations—May be made to frame buildings 31 9252 Cathedral and Monument Streets—Act does not limit height 30 8987 Drawings—When open to public inspection 31 9094 Frame—Alterations may be made to 31 9252 Brick building cannot be nearer than 10 feet 29 8706 Green way Apartments—Ordinance for, valid 31 9211 Height—Limited near Washington Place, but does not apply to west side of Cathedral Street 30 8987 Limited Uses—Governed by Ordinance 825 of 1926 and Ordinance 1145 of 1927 29 8754 Ordinance—Ambiguous as to meaning 31 9253 Permit Pees—Refund when permit denied by Court decision 31 9236 Permits—Appeal to Zoning Board stays 29 8735 Application by owner or agent 31 9115 Application for, while ordinance is pending to re­ peal ordinance under which application is filed. 30 8961 If illegally granted, Zoning Board should nullify.. 29 8737 Policy as to granting while ordinance prohibiting is pending 30 8862 Repairs to school buildings—Ordinance transferring from Buildings Engineer to School Board 29 8721 Schools—'Ordinance to place repairs under School Board 29 8619 Repairs under Bureau of Buildings 29 8633 Stores—Limited as to location 29 8754 Ordinance for; later repealed 29 8532 Tenements—Laws relating to, not applicable to apart­ ment houses '. 31 9100 10 OPINIONS OF THE CITY SOLICITOR

C CABLES— Vol. Page See Gas Company. CALF— Inspection and condemnation 31 9127 CATTLE— Inspection and condemnation. 31 9127 CENTRAL PAYROLL BUREAU— Police Department—Not authorized to pay salaries of , 30 9011 CENTRAL PURCHASING BUREAU— See Purchasing Agent. CERTIFIED CHECKS— See Contracts. CESSPOOL— Power to abate' nuisance.....' 30 8967 8968 CHARTER— See City Charter and Miscellaneous Local Laws. CHARTER AMENDMENT— Relating to school funds 29" 8747 CHATSWORTH RUN— Drain—When building may be erected over 29 8687 CHICKEN KILLING- NO conflict between Commissioner of Health and Zoning Board as to 30 9005 9006 CHIEF ENGINEER^ See Department of Public Works. CHILDREN— ' See Schools. Delinquent—May not be committed to Parental School for any offense other than truancy 30 9042 Power of City to license homes for 30 8860 CHURCHES— See City Code (1927), Art. 3, Sec. 41, Par. 15; Garages; Gasoline Tanks; Ordinance -243, Oct. 18, 1924. Exempt from taxes 30 8905 Filling stations near—Additional tanks prohibited.. 29 8617 CITY CHARTER AND MISCELLANEOUS LOCAL LAWS- SECTIONS CONSTRUED OR REFERRED TO— Sec. 4 ...,.' 29 8784 8798 30 8977 Sec. 6 29 8797 30 8841 Sec. 6 (Par. G). .; 29 , 8745 JANUARY 1,. 1927—OCTOBER 1, 1931 11

CITY CHARTER AND MISCELLANEOUS LOCAL LAWS—Cont'd: SECTIONS CONSTRUED OR REFERRED TO— Vol. Page Sec. 6, Sub-sec. 1 29 8728 Sec. 6, Sub-sec. 4 30 8979 8995 Sec. 6, Sub-sees. 14, 18 and 31 30 8860 Sec. 6, Sub-sees. 26A, 26B and 26E 31 9279 Sec. 6, Sub-sec. 26-1 29 8579 Sec. 6, Sub-sec. 26-L 29 8645 Sec. 6, Sub-sees. 28A and 28D .29 8796 Sec. 8 29 8645 Sees. 8-9A 31 9157 Sec. 9A 31 9152 Sec. 13 29 8654 8725 .' 30 8857 8888 31 9069 Sec. 14 30 8861 Sees. 14 and 15 29 8603 8623 8712 8747 30 8826 8889 8891 9054 31 9183 9245 Sec. 15 30 8895 9045 31 9241 Sec. 20A 29 8623 8686 Sec. 25 29 8670 30 8853 ; 8917 Sec. 26 (G) 30 8841 Sec. 30 31 9249 Sec. 31 29 8713 30 8926 Sec. 34A 31 9069 9093 Sec. 34B '• 31 9093 Sec. 35 '••• 29 8666 .f 8739 .' 30 9018 Sec. 35A 29 8681 12 OPINIONS OF THE CITY SOLICITOR

CITY CHARTER AND MISCELLANEOUS LOCAL LAWS—Cont'd: SECTIONS CONSTRUED OR REFERRED TO— Vol. Page Sec. 36 : '.-... 29 8620 8684 8723 8788 30 8852 8972 9045 31 9074 9083 Sec. 36B 29 8747 Sec. 37. ,. 29 8496 8744 8753 „ 30 8836 31 9152 9272 9288 Sec. 40 .- 29 8796 Sec. 42 29 8796 Sec. 43 •..: 29 8765 Sec. 47A 29 8567 Sec. 51 29 8796 30 '8922 Sec. 52 29 8796 Sec. 54 29 8797 Sec. 63 29 8624 Sec. 70 31 9174 9224 Sec. 85A 29 .8634 31 9069 Sec. 89 29 8619 ....: 8635 8636 Sec. 91 31 9167 '. 9168 Sees. 93A and 97 31 9167 Sec. 99 29 8623 8635 8638 Sec. 102G 30 8900 Sec. 139 29 8781 Sec. 150 30 8976 Sec. 164A 29 8568 8657 30 8883 8942 , 8976 JANUARY 1, 1927—OCTOBER 1, 1931 13

CITY CHARTER AND MISCELLANEOUS LOCAL LAWS—Cont'd: SECTIONS CONSTRUED OR REFERRED TO— Vol. Page Sec. 170 ••• 30 8975 Sec. 171 29 8750 30 8977 Sec. 172 30 8996 Sec. 175 30 8996 Sec. 177 30 8996 Sec. 177A .' 29 8597 Sec. 179 29 8596 Sees. 181 and 182 29 8597 Sec. 185 29 8597 Sec. 195B 30 8880 Sees. 203A-203-O. 30 8903 Sees. 203D, 203M and 203N 29 8502 Sec. 210 31 9213 Sec. 212 29 8670 31 9213 Sec. 213 30 9012 31 9213 Sec. 217 ,...' 29 8671 30 9045 Sec. 221 .' 29 8667 8779 31 9084 Sec. 222 31 9213 Sec. 222A 30 8997 Sec. 222B 30 8997 Sec. 296 29 8558 Sec. 448A 30 8898. 31 9117 Sees. 493H-493L . 30 8860' See. 621 30 9059' Sees. 663A-663Q 31 9204 Sec. 736 31 9167 Sees. 745-1 and 745J 30 9051 Sec. 747 30 9011 Sec. 798 31 9167 Sec. 801 29 8644 Sec. 829 30 8996 Sec. 840 ! 29 8772 Sees. 840A and 840C 29 8784 Sec. 843 29 8774 8802 CITY CODE 1893)— SECTIONS CONSTRUED OR REFERRED TO— Article 11— Sec. 19 29 8740 Article 23— Sees. 1, 6 and 7 ' 29 8559 14 OPINIONS OF THE CITY SOLICITOR

CITY CODE (1906)— Vol. Page SECTIONS CONSTRUED OR REFERRED TO— Article 1— Sec. 28 ..,. 29 8674 Sec. 31 > 30 8826 Article 3— Sec. 120 29 8728 Article 11— - Sec. 75 30 8920 31 9150 Article 14— Sec. 32 29 8759 Sees. 108-111 ' 29 8537 Sees. 179 and 180 29 8565 Article 17— Sec. 10 : 29 8629 Article 20— Sec. 17 30 8832 Article 25— Sec. 57 30 8832 Sees. 69 and 72. '..'. 29 8538 Article 32— Sec. 34 30 9049 Article 35— See. -20 30 8957 Article 41— Sec. 7 30 8919 Sec. 14 30 8919 Sees. 38-40 ; . 31 9135 Sec. 70 30 8845 CITY CODE (1827)— SECTIONS CONSTRUED OR REFERRED TO— Article 3— Sec. 16, Par. 5 31 9252 Sec. 28, Par. 18 30 9019 Sec. 32, Par. 7 30 9005 9006 Sec. 38, Par. 7 30 8989 Sec. 41, Par. 15 30 8989 31 9115 9116 9142 9151 ' 9197 Article 8— Sec. 24 31 9262' Article 13— Sec. 91.. 31 9150 JANUARY 1, 1927—OCTOBER 1, 1931 15

CITY CODE (1927)—Continued: Vol. Page SECTIONS CONSTRUED OR REFERRED TO— Article 15— Sec. 48 ' 30 9060 Article 16— Sec. 52 31 9098 9181 Sec. 83 31 9063 Sec. 148 30 8967 8968 Sees. 148 and 149 31 9119 Sees. 150-156 31 9100 Sees. 160-162 31 9119 Sec. 161 30 8968 Sec. 366 31 9182 Sec. 367 31 9087 Article 20— Sec. 10 31 9107 9109 Article 25— Sec. 1 31 9269 Sees. 1-18 31 9192 Sec. 2 31 9270> Sec. 52 30 905a Article 30— Sec. 1 30 9024 Sec. 3 30 8991 Sec. 3, Sub-sec. 1 '. 30 9021 Sec. 4, Sub-sec. 4 30 9048 Sec. 6 .'.. 30 8929 8952, 8991 Article 31— Sec. 35 30 9043; Article 36 31 9237 Article 41— Sec. 20 . . '. 30 9031 Sees. 20 and 21... 31 9088 Sec. 21 30 9049 Article 45— • > ' Sec. 68 30 8957 Article 46— Sec. 1 30 8962 Sec. 87 : 31 9133 Sees. 87-90 31 9135 Sec. 90 30 9053 Article 48— Sec. 14 30 8979 16 OPINIONS OF THE CITY SOLICITOR

CITY CODE (1927)—Continued: Vol. Page SECTIONS CONSTRUED OR REFERRED TO— Sec. 15 31 9234 Sec. 23 31 9235 Sees. 23 and 24 30 8980 Article 49— Sees. 32-34 31 9136 Sec. 34 31 9115 CITY COLLECTOR— See Taxes. CITY COUNCIL— Board of Estimates—Cannot direct to include any item in Ordinance of Estimates 30 8979 Buildings—Power to authorize construction and use prohibited by Building Code 29 8715 City Register—Majority of members elected neces­ sary to elect 29 8666 Minor Privileges—No power to grant 29 8496 Ordinance of Estimates—Reference to Committee... 30 8852 Parks—Does not have jurisdiction over 31 9167 9169 President—Council cannot fill vacancy caused by death 31 9213 Vacancies— Effect on requirement of Charter as to passage of ordinances 31 9084 Majority of quorum present and voting sufficient to fill 30 9012 President — Council cannot fill when caused by death 31 9213 Vice-President—May act as member of several boards in absence of Mayor and President of City Council 30 9045 CITY DEPOSITS— See City Register. (CITY HOSPITALS— Maternity Ward—Funds allocated for 31 9239 $2,500,000 loan for—Provisions as to 29 8672 "CITY JAIL— Sentence—No deduction for good behavior when com­ mitted for contempt 29 8781 CITY OFFICIALS— Contracts—Cannot be interested in 30 8826 CITY PROPERTY— Exchange—Lot on Ready and Lake Avenues for prop­ erty on Reverdy Road 30 8978 Gas Company—City cannot permit company to erect plant on 29 8726 JANUARY 1, 1927—OCTOBER 1, 1931 17

CITY PROPERTY—Continued: Vol. Page Held for redemption of public debt—Determination of 29 8755 Ordinance for exchange; Commissioners of Finance to join in conveyance 29. 8654 Private exhibitions—Should not be permitted on 29 8720 Ready Avenue and Lake Avenue—Exchange for prop­ erty on Reverdy Road 30 8978 Refund—Property could not be used for purpose for -which purchased 31 9281 Rental of—Consent of Finance Commissioners neces­ sary 29 8725 Sale of—Ordinance necessary 29 8726 Procedure as to 30 8887 Refund approved as property was subject to ease­ ment unknown to purchaser 31 9281 CITY PURCHASING AGENT— See Purchasing Agent. CITY REGISTER— Deposits—Right of banks to pledge securities to se­ cure City deposits 31 9294 Deputy—Bond of 31 9261 Not authorized to represent Register on Board of Awards, etc 29 8739 Majority of members elected to City Council neces­ sary to elect 29 8666 CITY SERVICE COMMISSION— Contract—Superintendent provided for in case of improper work; temporary work; eligible list should not be required 31 9163 9164 Laborers—Preference, when discharged for lack of work ' 30 8903 Payrolls—Approval 29 8501 Special, temporary work—Person not really City employee. ... 31 9165 Temporary work—When eligible list should not be required 31 9163 9164 CITY SOLICITOR— Boards—Not legal advisor of individual members of.. 31 9124 Will defend Principal of school in action for dam­ ages ; may not be duty to do so. 29 8656 CITY SURVEYOR— Fees—Cannot be decreased by Engineer of Plans and Surveys 30 9043 Profiles—Surveyor may utilize when prepared by others 30 9043

v 18 OPINIONS OF THE CITY SOLICITOR

CLAIMS— Vol. Page See Contracts. Montebello Filtration Plant—Compromise recom- 29 8718 COAL— Contract—City has right to demand all of one kind 31 9178 29 8545 CODE OF PUBLIC GENERAL LAWS— Art. 43, Sees. 165, 172, 175, 177, 195 and 196 construed 29 8512 29 8537 30 8829 COMMISSION MERCHANTS— 30, 8963 COMMISSIONERS OF FINANCE- 29 8755 COMPTROLLER— See Retirement System. CONDEMNATION— See Streets. CONDITIONAL SALES- 29 8691 CONDUIT LOAN— Funds not in Ordinance of Estimates cannot be 29 8788 CONDUITS— American District Telegraph Co.—Ordinance neces- 29 8695 Electric wires to be placed in Guilford territory 29 8610 United Railways—Agreement as to use of, by ordi­ nance; change in agreement must also be by 30 9038 CONSOLIDATED GAS, ELECTRIC LIGHT & POWER CO.— See Gas Company. 29 8610 31 9137 31 9133 CONSTITUTION OF MARYLAND- SECTIONS CONSTRUED OR REFERRED TO^- Article 3— 29 8630 Article 4— 31 9096 31 9096 Article 11— 29 8789 31 9238 JANUARY 1, 1927—OCTOBEB 1, 1931 19

CONSTITUTION OP MARYLAND—Continued: Vol. Page SECTIONS CONSTRUED OR REFERRED TO— Article 11A— 29 8733 8798 8815 Sees. 1 and 5 31 9146 Sees. 2 and 3 31 9278 Sees. 2 and 4 30 8860 Sees. 3 and 4 29 8645 CONTEMPT— Sentences—No deductions for good behavior 29 8781 CONTRACTORS— See Contracts; Footways. Defects—City may repair and charge to contractor.. 29 8678 ' 8679 Liability—Collapsed lining of chimney, new contract for renewing in case of emergency. 31 9265 9266 Sub-contractors—Assignments 29 8801 Right to payment 29 8541 Superintendent—When contract provides for in case of improper work, etc '31 9163 CONTRACTS— See Bids; Board of Awards; Contractors. Advertisements for bids—Form of 30 8861 Assignment of money due on 29 8752 Awarding—Method followed in purchasing electrical fixtures of Nurses' Home 31 9244 Bids—Discount features not to be considered 30 8895 When new bids should be asked 31 9193 Bonds—Mandatory and should be given even if sup­ plies already delivered 30 9054 Obligation of , 30 9025 Certified check—Cannot be returned to successful bid­ der who fails to execute contract 31 9241 City officials—Cannot be' interested in. 30 8826 Claims—On account delay caused by City 29 8819 Coal—City has option as to kind to be delivered under contract 31 9178 Defects in work—City may repair and charge to con­ tractor 29 8678 8679 Estimated quantity—Not binding 30 9025 Extension of—Not permissible in McComas Street Terminal Contract 30 8889 8890 Extra Compensation—Cannot be allowed where speci­ fications cover work 31 9250 20 OPINIONS OF THE CITY SOLICITOR

CONTRACTS—Continued: Vol. Page Fire Board—President to execute 29 8686 Incinerator—Renewing brick lining of chimney; lia­ bility of original contractor to be determined later 31 9265 9266 Insurance—Amount to be carried while constructing Nurses' Home 31 9219 Liquidated Damages—Waiving of, recommended 31 9222 Materials—City only liable for materials erected in building 29 8660 Montebello Filtration Plant—Compromise as to claims 29 8718 Park Board subject to Sees. 14 and 15 of City Char­ ter. . . . : 29 8712 Pennsylvania Railroad Bridges—City to pay part of cost 31 9183 9185 9223 Percentage retained—Conditions for payment * Quantity—City not bound where estimate only 30 9025 Disputed claim as to quantity of top soil furnished 31 9199 Refuse—Unlawful to collect without contract 29 8536 School Buildings—Repairs for less than $500 to be made by contractors who are registered voters; provision of ordinance invalid 29 8778 . Schools—President may designate subordinate to approve ' 29 8622 8623 Who to execute 29 8622 . 8623 Western High School—City not obligated to construct roadway for contractors .- 30 8855 Western Maryland Railroad Co.—Pier and ware­ house ^ 29 8705 CORONER— Autopsy—When may order 29 8558 CORPORATIONS— Foreign Insurance Companies—Not required to file list of resident stockholders 29 8568 8657 COURT HOUSE— State's Attorney—State has made no' provision for rent 29 8677 COURTS— Jury trial—Law and practice as to 31 9096 JANUARY 1, 1927—OCTOBER 1, 1931 21

D DAMAGES— Vol. Page See Streets; Streets—Openings. Automobile—Damage to car of Police Department. . 31 9258 Owner liable for damages to marble railing at Mt. Vernon Place 30 9046 Contract—Waiver of liquidated damages recom­ mended 31 9222. Not liable for injuries caused in performing govern­ mental function 29 8650' Not liable for injury to automobile caused by col­ lision in parks 29 8648 .' 8649 Principal of School—City Solicitor will defend in action against, for damages 29 8656 Quartz Light Clinic—City not liable for injury grow­ ing out of, at Garrett Hospital 30 8872- Revolving fund cannot be created out of benefits to pay unless provided in Budget 29 8723 Schools—City not liable for injuries to pupils 29 8578 Swimming Pools—City not liable for injuries received in 29 8792: 8793 Water Mains—When City liable for damages to rail­ way tracks or other property 31 9270 DAYLIGHT SAYING— Charter amendment suggested 31 9146 DEAD BODIES— See Health. DEATH CERTIFICATES— By whom to be signed 31 9126 DEEDS— See City Property. DEPARTMENT OF PUBLIC WORKS— Chief Engineer—Powers as to repairs to school build­ ings 29 8633 DEPOSITS— See City Register. DEPUTY REGISTER— See City Register. DISCOUNTS— See Contracts. . • DISTRAINT— Property under recorded conditional sale or mort­ gage exempt from 29 8691 DIVING— Exhibition should not be permitted on City property. 29 8720- 22 OPINIONS OF THE CITY SOLICITOR

DOGS— Vol. Page Contractor to collect—Agent of City 30 9040 Disposal—Health Department has control of 30 9040 Fees for redemption—Who entitled to 31 9111 Seized—Redemption fee 31 9111 DRAINS— See Sewers. DRINK— See Health. E EASEMENT— Drain—When building may be erected over 29 8687 8690 EASTERN AVENUE GRADE CROSSING— Obligation of Pennsylvania Railroad Co. to provide supports for tracks, etc 31 9184 ELECTRIC CABLES— Across or under water—Minor privilege 31 9256 ELECTRIC SIGNS— See Minor Privileges. ELECTRIC WIRES— High tension wires over streets should be regulated by ordinance; permits : 31 9292 ELECTRICIANS— Licenses—Revocation; effect 31 9204 EMERGENCY— When City may borrow money for 29 8789 EMPLOYEES— See Retirement System; Salaries. Assignment of wages—Not binding on City 30 8933 National Guard—Members entitled to pay while en­ gaged in service 29 8717 Salaries—Cannot be assigned 29 8655 Vertigo—When subject to attacks of, should be re­ tired 30 9044 Wages—Attachment for groceries; Act does not apply to municipalities 30 9055 Cannot be assigned. 29 8655 Ordinance prescribing advisory only 31 9073 9082 EMPLOYEES' RETIREMENT SYSTEM—. See Retirement System. .'e ENGINES— Nuisances—How relief may be obtained 29 8555 ENOCH PRATT FREE LIBRARY— See Salaries. EXHIBITIONS— See Licenses. Should not be permitted on public property. 29 8720 JANUARY 1, 1927—OCTOBER 1, 1931 23

F FAIRFIELD FARMS DAIRY— Vol. Page Railway tracks on Exeter Street 30 8953 FALLS ROAD— Rights of City in conduit or tunnel on west side of. 29 8539 FEES— See Dogs. Architect; additional plans 29 8599 FENCE— • • Owner may place across property 29 8548 FIFTH REGIMENT ARMORY PLAZA— Benefit assessments 31 9186- FILLING STATIONS— S«e Gasoline Tanks. Additional tanks near church, etc., prohibited 29 8617 Fire Board—Powers with respect to 30 8846 General provisions as to permits for 29 8551 Notice—Failure to give voids permit '29 85491 Special ordinance does not deprive Board of Esti­ mates of power to grant use of streets, etc 30 8836' Within 300 feet of churches; does not apply unless gasoline is for sale 30 8846 Within 300 feet of churches, etc.—Powers of Board of Estimates 30 8835 FINES— Informer—One-half payable to in case of violation of ordinance prohibiting discharge of oil, etc 30 9060 FIRE BOARD— Filling Stations—Powers as to 30 8846 FIRE DEPARTMENT— Contracts—To be executed by President of Board 29 8686 Fire Hazards—Power of Fire Board to enforce 29 8800 Fire Hose—H. B. 274 relating to applies to Bal­ timore 29 8614 Fire Prevention—No authority in Board to prevent or regulate sale or handling of polish compounds, etc.... 30 8867' Hose Connections—Power .to •' require owner to change 29 8615 Pensions—Increase for widows and children same as for firemen 31 9174 Widow of firemen dying of pneumonia not en­ titled to 30 8998 School of Instruction—Liability in case of Balti­ more County students; bond suggested 31 9138 Vehicles and Ambulances—Right of way; red lights. 30 8878- 24 OPINIONS OF THE CITY SOLICITOR

FIRE DEPARTMENT—Continued: Vol. Page Widows—Increase in pensions same as for firemen.. 31 9174 Pensions payable only where husband died of in­ juries sustained in discharge of duties 31 922,4 When entitled to; pneumonia, etc 31 9267 FIRE PREVENTION— New Annex—Ordinance does not apply to 30 8926 FOOD— See Health. FOOTWAYS— 'Contractors—Requirement to adjust with adjoining paving 30 8957 Ordinance 51, May 2, 1902—Applies to New Annex... 29 8516 Paving Charges—Cancellation of, due to uncer­ tainty 31 9233 FRANCHISES— See Minor Privileges; Piers. Railway tracks on Hanover Street—May grant under Home Rule 29 8644 United Railways—Wilkens Avenue west of Prim­ rose Avenue 31 9152 FREE PUBLIC BATH COMMISSION— Officers—No provision as to; Vice-Chairman; Sup­ erintendent-Secretary 31 9237 FUNERAL PARLOR— See Zoning. FUNERAL&— See Traffic. FURNITURE (Office)— Not exempt from taxation 29 8630

G GARAGES— Appeals to Zoning Board 29 8561 Hospitals—Within 600 feet of 30 8897 Near Churches—Validity of. special ordinances 30 9032 Waiver not necessary to make alterations to build­ ing so used at time ordinance was passed 31 9205 Old St. Paul's Church—Special ordinance without waiver from church 30 9032 Open-air Parking—Provisions not applicable to 31 9116 Public—.Separate, individual garages are not public within meaning of Ordinance No. 243, Oct. 18, 1924.. 31 9142 Within 300 feet of churches—iSpecial ordinance per­ mitting only applies to applicant named 30 8904 GARBAGE— Hauling should be regulated by Health Department.. 30 8909 JANUARY 1, 1927—OCTOBER 1, 1931 25

GAS COMPANY— Vol. Page Cables—Minor privileges for laying across or under water 31 9255 Gas main—Liable for cost of moving for water main 31 9254 High tension wires—Ordinance should regulate ex­ tension over streets 31 9292 GAS MAINS— See Water. Relocation due to water main—Cost on Gas Co 30 8865 GAS-HOLDER— Definitions 31 9137 Not gas-works; provisions governing erection 31 9136 GASOLINE— See Filling Stations. Pumps—Location of 30 8920 GASOLINE TANKS— See Filling Stations. Additional tanks—Near church, etc., prohibited 29 8617 Ordinance necessary if sale contemplated 31 9247 When within 300 feet of church, etc 31 9150 Arbitrary exclusion of lot at Cathedral and Eager Streets 29 8542 Charles and Twenty-fourth Streets—Board of Esti­ mates can determine whether additional tank is needed 31 9195 Curb fill—Ordinance authorizing is void 29 8753 Power of Board of Estimates 29 8496 Near church, theatre, etc.—Extension of use 29 8617 Near unused church; question of fact 31 9203 Visible 10-gallon glass containers—Bureau of Stand­ ards may refuse to seal if disapproved by Bureau of Buildings and Fire Commissioners 29 8627 GASOLINE TAX— Rebate for certain vehicles in Baltimore invalid 29 8560 Refunds—When allowed City 29 8587 GASOMETER— See Gas-holder. GOLF— Miniature—No license required 31 9191 9192 GRADE CROSSINGS— See Pennsylvania Railroad Co. Underpass at Gwynns' Falls Parkway—Liability of City 29 8570 GREENWAY APARTMENTS— Ordinance authorizing valid 31 9211 GUARDIAN— See Schools. 26 OPINIONS OF THE CITY SOLICITOR

H HANOVER STREET— Vol. Page City may grant franchise for railway tracks under Home Rule .' 29 8645 Sidewalks—Ordinance to widen; effect on agreement with Baltimore & Ohio R. R. Co., etc 31 9145 HARBOR— See Piers; Port Development Commission. Loan—City may reduce interest on unissued 29 8814 McComas Street Pier—Cost of building permit to he included in cost of construction 30 8955 Pier—Lease by Arundel Sand & Gravel Co 30 8954 $10,000,000 loan ordinance—Form of 31 9190 HATFIELD, DR. DANIEL— Board of Estimates—Recommended leave of absence • with half pay be extended; psittacosis 31 9209 HEALTH— See Birth Certificates; Death Certificates; Dogs; Garbage; Meat; Milk; Nuisances; Nurses; Rooming Houses. Chicken killing 30 9005 9006 Commissioner—Powers of as member of State Board 29 8564 Dead bodies—Permit for transportation 31 9182 Ice Cream—Permit cannot be given for manufacture outside City 31 9181 .License—Refund when paid in error 31 9132 Meat Inspection—Condemnation of calf; damages... 31 9127 .Nuisances—Notices for abatement .- 31 9119 Permits for manufacture of ice cream—Cannot be given for manufacture outside of City 31 9181 Powers of Health Commissioner in re State laws re­ lating to adulteration of food and drink 29 8512 Psittacosis—Dr. Hatfield infected in line of duty; leave of absence with pay , 31 9209 Records—Not public and information cannot be di­ vulged 29 8756 8758 Sewers (Private) -r*- Commissioner only passes on whether plans comply with health laws 30 9052 Tuberculosis—Records not public and information cannot be divulged 29 8756 8758 HEALTH DEPARTMENT— Automobiles used by Visiting Nurses — Insurance covers transportation of children to and from hospitals : 31 9296 JANUARY 1, 1927—OCTOBER 1, 1931 27

HIGH TENSION WIRES— Vol. Page See Electric Wires. HILLSDALE PARK— California Boulevard—Title to bed of in City 31 9177 HOME RULE— Charter Amendment cannot modify or nullify en­ abling acts for loans 29 S733 Homes for children—Power to license, etc 30 8860 Power to amend or repeal Sec. 801 of Local Laws (City Charter) 29 8645 Streets—Ch. 518, 1931, amending procedure, violates principle of Home Rule 31 9277 HOSPITALS— Garages within 600 feet of—Prohibition does not ap­ ply to individual, non-hiring garages 30 8897 Perot, Caroline E.—Must conduct in accordance with laws and ordinances 31 9125 HOUSES— Location—Bureau of Plans and Surveys cannot re­ strict 29 8771 8772 Numbers—Power to change 29 8728 Plans and Surveys — Cannot restrict location of houses on lots 29 8771 8772:

I ICE CREAM— See Health. IMPROVEMENTS— Erection in proposed condemnation area 29 8518 INCINERATOR— See Contracts. INFORMER— See Fines. INJURIES— See Damages. INSPECTIONS— Oil meters 31 9107 9110 INSURANCE— See Contracts; Police Department. Automobiles used by Visiting Nurses in taking chil­ dren to and from hospital ,31 9296 INSURANCE COMPANIES— Foreign—Not required to file list of resident stock­ holders 29 8568- 8657 :28 OPINIONS OF THE CITY SOLICITOR

INTESTATES— Vol. Page Property of intestate without .next-of-kin—Should be credited to school fund 29 8766

J JURORS— Payment by City Register and not through Central Payroll Bureau 30 9059 JURY TRIALS— See Courts. JUSTICES OF THE PEACE— See Police Magistrates.

L LABORERS— See City Service Commission. LAMP POSTS— . Removal—Cost of 29 8731 Signs on, prohibited 30 8832 LAMPS AND LIGHTING— See Lighting. LEAKIN, J. WILSON— Bequest to City for parks; sale of property 30 8857 LIBERTY STREET— Building at No. 218 encroaches on street 29 8598 XICENSES— Ball-Ette Table—Not subject to license 31 9269 Commission Merchants—Sale of dressed hogs, etc.. 30 8963 Exhibition or Entertainment—Mayor may revoke!... 30 8919 Meat Manufacture 31 9063 9064 Sale or disposition of 30 8981 Miniature golf course—No license required 31 9191 _^ : 9192 Pole's—Payment for fractional part of year... 30 9053 Power of City to license homes for children 30 8860 Refund—When paid in error. 31 9132 Refunds—Tables described as "pool tables"; case pending in Court :...,..... 31 9276 Revocation—Mayor has power of, in certain cases... 30 8919 Rooming House—May be revoked after conviction. only.'... : 31 9071 .'. 9112 9113 LIENS— Alley paving—Delay in certifying lien 30 8847 Minor Privileges—Which are 30 9008 Paving charges—Omitted from lien sheet ceases to be lien.. '...' 31 9251 Water charges—Omission from lien sheets,, 31 9257 JANUARY 1, 1927—OCTOBER 1, 1931 29

LIGHTING— Vol. Page Streets—Contracts with Gas Co.; modification sug­ gested 30 8959 8960 LIMITATIONS— Water Rents 29 8802 LINOTYPE MACHINES— See Tax Exemption. LOANS— Temporary—May make in anticipation of tax re­ ceipts 31 9238 When City make make for emergency 29 8789"?'"'c357> LOCH RAVEN WATERSHED— Roads—City to maintain certain. 29 8760 8761 LOMBARD STREET VIADUCT— Water main over—Agreement as to 30 8902 LOVEGROVE ALLEY— North of Twenty-fifth Street—Uncertainty as to whether public; dedicated; not opened 30 8833

M McCOMAS STREET PIER— Municipal Belt Line Railroad—Cost of relocating streets cannot be charged to rental of pier 30 9007 Port Development Commission—Salaries a proper charge against Western Maryland R. R. Co 30 9020 McCOMAS STREET TERMINAL— See Port Development Commission. MAINS— See Water Mains. Construction of Ch. 55, 1910 29 8821 MANUFACTURERS— See Tax Exemption. MANUFACTURING MACHINERY— Tax exemption—Refrigerating machinery 30 8827 MARYLAND INSTITUTE— Scholarships—Provisions as to ;. 31 9067 MARYLAND NATIONAL GUARD— See Employees. MATERIALS— See Contracts. MAYOR— Store—Advertising required on application for 30 8870 MEAT— License for manufacturer 31 9063 9064 License for sale or disposition of 30 8981 Wholesale—Definition 30 8982 30 OPINIONS OF THE CITY SOLICITOR

MEAT INSPECTION— Vol. Page Calf—Condemnation; damages 31 912.7 MEAT ORDINANCE— Commission Merchants—License required 30 8963 MERIT SYSTEM— See City Service Commission. METERS— See Water. Milburn Realty Co.—Not connected with removal of meters and therefore not liable. 29 8701 8702 METROPOLITAN DISTRICT OF BALTIMORE CO.— See Water. Sewers—Front foot assessments 29 8504 8505 MILITIA— See Employees. MILK— Bottling, etc.—Permits limited to City 31 9098 Permits for bottling, etc.—Limited to places in City.. 31 9098 MILK CANS— Patent for—Requirements 29 8525 Patented cans—Power of City to require 29 8525 MINOR PRIVILEGES— See Board of Estimates. Electric cables across or under water 31 9256 Electric Sign—Failure to give notice 31 927:2 Filling Stations—Power of Board of Estimates 30 8836 Gasoline Tank (curb fill)—Ordinance authorizing is void 29 8753 Liens—Which ones become 30 9008 May be granted by Board of Estimates only 29 8496 MINORITY REPRESENTATION— Declined or unaffiliated voter not eligible for ap­ pointment as minority representative 31 9249 MINORS— See Children; Retirement System. MONTEBELLO FILTERS— Repairs—City may make and charge to contractor.. 29 8678 8679 MONTEBELLO FILTRATION PLANT— Contract—Compromise as to claims 29 8718 MORTGAGE COMPANIES— See Appeal Tax Court. JANUARY 1, 1927—OCTOBER 1, 1931 31

N NATIONAL GUARD— Vol. Page See Employees. NEW AMSTERDAM CASUALTY CO.— May be required to give list of stockholders 30 8942 NEWSPAPERS— Publishing city advertising—25% deduction 29 8675 NOTICES— See Taxes. Assessment of intangible personal property... 31 9122 Nuisances—Abatement 31 9119 NUISANCES— Engines—How relief may be obtained 29 8555 Notices for abatement 31 9119 Power to abate at expense of owner 30 8967 8968 NURSES— Illnesses from infections received while on duty— Should be paid while absent 30 8871 NURSES' HOME— Electrical fixtures—Method of purchasing 31 9244 Insurance during construction.. 31 9219

0 OFFICERS— Removal—Chairman of Port Development Commis­ sion 30 8854 ; 8917 OFFICIALS— See City Officials. OIL METERS— Inspection of 31 9107 9110 OLD-AGE PENSIONS— Person may receive although receiving pension under Retirement System 31 9240 OPEN-AIR PARKING— Provisions as to garages not applicable to 31 9116 ORDINANCES OF ESTIMATES— Appropriation cannot be diverted to another use, but may be transferred to another agency 29 8620 runds not appropriated in, cannot be expended 29 8788 Probation Department—Savings in appropriation may be used for other work; conditions 31 9172 Reference to committee uniform practice 30 8852 Revolving Fund—Cannot be created unless provided for 29 32 OPINIONS OF THE CITY SOUCTTOK.

ORDINANCES— Vol. Page ORDINANCES CONSTRUED OR REFERRED TO— See City Council. Classification—Arbitrary and unreasonable 29 8542 1858— No. 8, May 31 31 9262 1869— No. 37, May 29 29 8590 1879— No. 90, October 22 , 29 8689 1886— No. 79, June 4 31 9100 1896— No. 75, May 13 29 8759 1900— No: 54, May 9... ,. 31 9237 1902— No. 51, May 2 29 8516 No. 54, May 7 30 . 9038 1904— No. 58, March 17 30 8909 1905— No. 2, June 14 30 8834 No. 228, March 20 29 8785 1907— No. 282, May 18 30 8838 1908—. No. 139, June 4 30 8879 No. 155, June 19.. 29 8776 31 9143 1909— No. 387, August 16 31 9207 No. .407, November 15... 30 8954 No. 416, December 9 31 9187 1910— No. 538, June.6 31 9271 1911-^- No. 32, November 28 31 9143 No. 43, December 14.. 29 8534 • ' • • • - 30 8845 No. 629, February 20 30 9049 1912— No. 148, August 2 , 29 8737 1913— No. 346, October 2 29 8615 •. 8800 30 8867 ..'..- 8927 JANUARY 1, 1927—OCTOBER 1, 1931 33

ORDINANCES—Continued: Vol. Page ORDINANCES CONSTRUED OR REFERRED TO— 1915— No. 559, January 28 31 9275 1917— No. 262, June 1 31 9098 1919— No. 462, March 6 30 8827 8985 1920— No. 128, January 19 30 8972 No. 376, July 2 29 8603 30 9045 , No. 377, July 2 30 8853 ...' 8858 8917 No. 379, July 6 29 8815 No. 380, July 6 29 8814 30 8858 No. 381, July 6 31 9069 9091 1921— No. 330, January 5 31 9071 9112 9113 No. 573, March 26 30 8957 No. 606%, June 17 *... 30 8835- ..'. 31 9143 No. 611%, June 22 29 8542: 1922— No. 710, May 22 30 9049 9056 No. 711, June 1 '. 30 8957. No. 739, July 19.. 29 8804: No. 740, July 20 29 8776: No. 753, October 20 29 8707

No. 779, December 7 : ... 29 8595 1923— No. 12, September 10 " 31 9209 No. 35, October 26 , 29 8611 No. 823, March 1 30 8878 No. 922, May 19 29 8735 30 8869 8930 , 8945 8973 * 8993 31 9172 34 OPINIONS OF THE CITY SOLICITOR

ORDINANCES—Continued: Vol. Page ORDINANCES CONSTRUED OR REFERRED TO— 1924— No. 69, December 29 30 8922 i No. 158, April 22 29 8815 No. 186, May 28 30 8919 No. 243, October 18 29 8617 30 8835 8846 8904 9032 31 9142 • 9197 9205 No. 301, December 19. .• 30 8953 1925— No. 339, February 25 30 8953 No. 347, March 9 29 8813 No. 369, April 23 30 8954 ' No. 400, May 21 30 9049 9057 No. 430, June 16 29 8546 No. 431, June 17 , 30 8963 8981 31 9128 No. 450, July 17 30 8832 No. 522, December 14 29 8530 8532 , 8549 No. 533, December 23 31 9134 No. 534, December 24 29 8552 8628 30 8846 8920 31 9150 1926— No. 537, January 4 30 8904 No. 553, February 1 29 8607 8625 8662 8664 8683 .N 8769 8810 30 8856 '... 8863 8873 JANUARY 1, 1927—OCTOBER 1, 1931 35

ORDINANCES—Continued: Vol. Page ORDINANCES CONSTRUED OR REFERRED TO— 1926—Continued— No. 553—Continued— 8876 ; 8900 8910 ...• ; ". 8912 8928 8939 8952 '.. 8991 9021 9044 9048 31 9090 9124 9147 i 9148 9158 No. 569, March 15 30 9049 9056 No. 644, May 3 30 8920 No. 823, September 28 29 8704 8708 8744 30 S842 8878 No. 825, October 1 29 8530 8550 8562 8566 8593 8693 8737 8754 8776 30 8824 8840 8850 8851 8864 8945 8973 31 9136 No. 826, October 13 29 8553 No. 845, October 22 29 8580 8728 30 8832 36 OPIIOOXS OF THE CITY SOLICITOR

ORDINANCES—Continued: Vol. Page ORDINANCES CONSTRUED OR REFERRED TO— 1926—Continued: No. 846, October 22 29 8595 No. 896, November 30 29 8532 1927— No. 96, July 30... 30 8869 No. 105, September 20.'. 30 8857 No. 110, October 18 31 9212 No. 956, January 31 29 8717 No. 966, February 4 31 9145 No. 1054, April 13 30 8882 9000 9001 No. 1056, April 13 30 8936 No. 1066, May 7 31 9186 No. 1084, May 11 30 9053 No. 1145/ May 16. .' 29 8754 8775 30 8824 8840 8869 8993 No. 1147, May 16 29 8706 1928— No. 492, July 12 30 8981 No. 543, October 16 30 8961 1929— No. 708, May 10 : 31 9195 No. 740, June 14 31 9212; No. 748, June 27 '. 31 9185. 9223 1931— No. 1247, March 30. 31 9273 No. 1296, May 13 ' 31 9289 Pending—Effect on appeals before Zoning Commis­ sion 30 8945 Effect on application for building permit 30 8961 Repeal of ordinance granting permit to Applestein valid. 29 8532: Special—Validity not challenged 30 9032 Title—Defective. .29 8779 Typographical error 29 8531

P PARK BOAKD— See Parks. Subject to Sees. 14 and 15 of City Charter 29 8712; JANUARY 1, 1927—OCTOBER 1, 1931 37

PARK HEIGHTS AVENUE— Vol. Page Sidewalks—Property owners may be required to lay. 29 8680 PARKING— Alley rear of Auditorium Theatre—Police' may pro­ hibit on 29 8703 8708 Open-air—Ordinance 243, Oct. 18, 1924 (Art. 3, Sec. 41, Par. 15 of City Code), does not apply 31 9197 Ordinance applies to push carts, fruit stands, etc.. 29 8744 Regulation of, by ordinance 30 8843 PARKS— Appropriation—Council cannot direct Board of Esti­ mates to include in Ordinance of Estimates for pur­ chase of park 30 8979 Benefit assessments—May be imposed upon abutting property 30 8995 Board subject to sections 14 and 15 of City Charter. 29 8712 Bonds—'Should be in favor of Mayor and City Coun- < cil and not of departments 30 8886 California Boulevard—Title to, in City 31 9177 City Council does not have jurisdiction over 31 9167 9169 Contracts—Cannot allow extra compensation if speci­ fications covered work 31 9250 Discount features of bids not to be considered..... 30 8895 Damages to marble railing at Mt. Vernon Place— Owner of automobile liable for 30 9046 Golf tournament—Cannot expend funds to send dele­ gates unless provided in Ordinance of Estimates... 30 9037 Leakin (J. Wilson)—Bequest for; sale of property.. . 30 8857 $1,000,000 Loan of 1904—To be expended equally in four sections of City for extending parks 29 8785 Schools in—Council has no jurisdiction as to 31 9167 9169 Swimming pools—City not liable for damages for in­ juries received in 29 8792 '. 8793 PATENTS— Power of City to acquire by assignment only 29 8525 — Ordinance to prohibit school in—Council has no juris­ diction 31 9167 9169 PAYING— See Footways. Paving tax—When applicable 31 9106 Petition of owners of 70% of front feet 29 8804 Special paving tax—When applicable 31 9106 United Railways—Obligation of; agreement of 1926.. 31 9188 38 OPINIONS OF THE CITY SOLICITOR

PAVING CHARGES— Vol. Page See Liens. PAYING TAX— Washington Boulevard—Subject to tax even if rural property was payed by City 31 9258 PALROLLS— Approval by City Service Commission 29 8501 PEDDLERS— Coal—License to sell. 29 8545 PENNSYLVANIA RAILROAD COMPANY— Bridges—Contracts when City is to pay part of cost. 31 9183 ' 9185 9223 Eastern Avenue Grade Crossing—Supports for tracks, etc 31 9184 Water Main—Liability for relocating in Wilson Street. 29 8589 , 8590 PENSIONS— See Fire Department; Old Age Pensions; Retire­ ment System. PERMITS— See! Buildings; Filling Stations; Milk. Engines—When permits may be revoked 29 8556 PIERS— Franchise for use of—Revaluation 30 8838 Improvements erected by steamship companies— Taxes on 29 8765 Pier No. 4—City has power to lease part not used by Street Railway Co 30 9040 PIPES— Construction of Chapter 55,1910 29 8821 PLANS AND SURVEYS— Powers—Cannot restrict location of houses upon lots. 29 8771 8772 PLUMBING— See Water. POLES— See Licenses. List to be furnished by Gas Co 31 9133 POLICE— Classification—Arbitrary 29 8542 Salaries—Cannot be paid through Central Payroll Bureau 30 9011 POLICE DEPARTMENT— Automobile—Damage to 31 9258 Motor vehicles—Insurance against theft and fire; no need for liability 31 9211 JANUARY 1, 1927—OCTOBER, 1, 1931 39

POLICE HEADQUARTERS BUILDING— Vol. Page Elevator—May be charged to unexpended balance of loan 31 9209 POLICE MAGISTRATES— Absences—When deductions from salary should not be made 31 9170 POLICE POWER— Stores—Repeal of ordinance for 29 8532 PORT DEVELOPMENT COMMISSION— See McComas Street Pier. Chairman—May be removed at pleasure, but not as member except in accordance with Sec. 25 of City Charter 30 8854 8917 Dredging—Funds cannot be expended out of loan when cost not included in contract which requires interest, etc., to be paid 30 8934 McComas Street Pier—Certain dredging costs cannot be taken out of loan 30 8934 McComas Street Terminal—Additional work must be advertised 30 8889 8890 Powers as to expenditure of funds 30 8858 $10,000,000 Loan Ordinance—Form is correct 31 9190 POWERS— Cannot be redelegated 29 8579 City Council—May pass ordinance for construction of building prohibited by Building Code or Zoning Ordinance 29 8715 Home Kule—May amend local law as to railway tracks on streets '. 29 8645 Milk—To protect public from impure 29 8525 Street Names—How may change 29 8579 PRATT LIBRARY— See Salaries. PRESCRIPTIVE RIGHTS— Does not apply to bed of public street 31 9175 PROBATION DEPARTMENT— . See Retirement System. Surplus funds may be used for work discontinued by Prisoners' Aid Association 31 9172 PROPERTY— Agreement to purchase—When may be regarded as rental 29 8722 PROSPECT PARK— Agreement for rental of, without consent of Finance Commissioners of doubtful validity. 29 8725 High dive should not be permitted 29 8720 40 OPIXIOKS OF THE CITY SOLICITOK

PSITTACOSIS— Vol. Page See Health. PUBLIC GENERAL LAWS- SECTIONS CONSTRUED OR REFERRED TO— Article 9— Sec. 10 • 30 8933 Article 11— Sees. 23 and 46 31 9294 Article 23— Sec. 119 : 29 8568 8657 Sec. 337 29 8695 Article 27— Sec. 296 31 9129 Article 43— Sec. 4 29 S564 Sec. 16 29 8565 Sees. 16-32 31 9072 Sec. 21 31 9126 Sees. 23 and 24 31 9087 Article 56— Sec. 9 31 9269 Sec. 209 31 9180 Article 77— Sec. 226 30 9042 Article 81— Sec. 4 29 8630 30 8905 Sec. 224 29 8586 Sec. 225 29 8751 Sec. 259 30 8976 Article 94— Sec. 1 31 9146 Article 101— Sec. 35 29 8770 PUBLIC IMPROVEMENT COMMISSION— Airport—Not authorized to advance Harbor funds for Airport to be repaid by Board of Estimates out of Airport Loan 29 8651 Architect for Brooklyn School—Pacts justify discon­ tinuance of services 3.1 9226 9229 Assignment—Conditions as to 29 8801 Benefit assessments—Liable for 29 8794 Claim for delay caused by City 29 8819 Contract for top soil—Disputed claim as to quantity. 31 9199 Contracts—Board of Awards to determine lowest re­ sponsible bidder 29 8601 JANUARY 1, 1927—OCTOBER 1, 1931 41

PUBLIC IMPROVEMENT COMMISSION—Continued: Vol. Page Loan Funds—Power to advance to another agency under agreement that amount will be repaid out of next Budget 30 8922 8924 Lyndhurst School—Leak should be charged to con­ struction and not maintenance 31 9176 Power to expend school loan cannot be withdrawn by Charter amendment 29 8733 School loan—Funds may be used for incinerators in existing buildings 30 9000 9001 Vice-President of City Council—May act as member in absence of Mayor and President of City Council. 30 9045 Water loan—Funds may be expended to correct un­ sanitary conditions on Loch Raven Watershed.... 30 8936 Moving shop cannot be charged to 31 9246 PUMPS— See Gasoline. PURCHASING AGENT— Powers and duties as to soliciting or receiving offers in the purchase of supplies 30 8881 Status of, under Ordinance 846, 1926 29 8594 PUSHCARTS— Parking ordinance applies to; authority of Board of Estimates to grant permits 29 8744

R RAILROADS— Underpass at Gwynns' Falls Parkway—Liability of City .' 29 8570 RAILWAY TRACKS— Damages caused by bursting of water main—When City liable '. 31 9270 Ordinance—When not necessary in connection with carbarns 29 8584 Water mains—Cost of support tracks 31 9123 REFUNDS— See Licenses. City property—For purchase of 31 9281 License—When paid in error 31 9132 Tax sale—Refund of expenses 30 8965 8966 U. S. Salvage Association—Governmental agency and tax exempt 31 9263 9264 REFUSE— Contract—Unlawful for person to collect, without.. 29 8536 42 OPIHTOJYS OF THE CITY SOLICITOR.

RES ADJUDICATA— Vol. Page 29 8818 RETIREMENT SYSTEM— See Old Age Pensions. Accidental Death—On way to office is not "in actual performance of duty" 29 8810 Payment by company or person who caused death does not deprive dependent father of rights under Pension Ordinance 29 8767 8768 Accidental Death Benefits—Not payable to sister of deceased; ordinary death benefit only payable.. 30 8875 Not to be paid while workmen's compensation is being paid 30 8876 Accumulated Contributions—Payable to husband, named as beneficiary 30 8927 Payments when one of beneficiaries is minor 30 9002 Withdrawal while still in service not authorized. 30 8990 Adopted Child—May be beneficiary, having insurable interest. 31 9130 Affidavit—Not required by ordinance in designating beneficiary 30 8949 Age of 70 mandatory for retirement 29 8607 Bell (J. Archer), City Register—Accidental death.. 29 8810 Beneficiaries—Conflicting claims; procedure sug­ gested : 31 9260 Suggested procedure in regard to payments to.... 30 8950 There may be more than one , 31 9225 9230 Benefits—In case of two claimants, payments into Court safer course 31 9231 Board of Trustees—City Solicitor not legal advisor of individual members 31 9124 Comptroller—Obligation in case of payment (Bell case) which Court would decide was without au­ thority 29 8816 Court stenographers and bailiffs—Not eligible for membership in 30 9021 Death benefits—Act validating payment of '.. 31 9089 Board to decide facts as to whether member is "in service" at time of death 29 8528 Payments not to be paid in view of court decision in Bell case 30 8913 "In Service"—Board to determine whether member is at time of death 29 8528 Construction of 29 8625 Insurable interest—'In case of indebtedness 30 9036 Who has. 31 9225 9230 JANUARY 1, 1927—OCTOBER 1, 1931 43

RETIREMENT SYSTEM—Continued: Vol. Page Larkin (W. A.)—Retired on pension; eligible to be substitute police magistrate 30 8947 Membership—Ceases on withdrawal oj contributions. 29 8682 Minor—Payments when one of beneficiaries is 30 9002 Museum of Art—Employees not eligible for member­ ship. , 31 9206 Options—Where retired employee dies within 30 days after retirement, ordinary death benefit is pay­ able 30 8951 Wife cannot select for husband who is confined in insane hospital unless she is duly appointed com­ mittee 30 8928 8929 Ordinance—Validating 31 9089 Ordinary Death Benefit—Not payable unless member has creditable service of one year or more 29 8662 8663 When payable in case of death of member retired on pension 30 8911 When retired employee with option dies within 30 days after retirement 30 8952 Ordinary Disability—Employee subject to attacks of vertigo should be retired 30 9044 Pensions—May be payable semi-annually 29 8681 Police Examiners—Secretary not eligible for mem­ bership in system 30 9051 Prior Service Certificate—Cannot be changed after one year 30 9047 9048 Cannot be modified after a year from date of issu­ ance. .. . 30 8863 Correction of error in .'. 30 8873 8875 Void when membership ceases 29 8683 When additional or supplementary may be issued. 30 8900 Probation Department—Employees not eligible for membership. : 31 9114 Refund of payments made after age 60 and comple­ tion of 35 years of service 30 8910 Refunds—Payments made before workmen's com­ pensation granted , 31 9147 Retired employee—May be engaged as expert con­ sultant by City 30 8990 Teachers—When credit for foreign service allowed; prior service certificate therefor 30 8900 Trustees—Employees retired on pension not eligible to vote for 30 8856 44 OPINIONS OF THE CITY SOLICITOR

RETIREMENT SYSTEM—Continued: Vol. Page Tuberculosis—Not accident within meaning of ordi­ nance; employee in Blue Print Room 30 8937 Withdrawal of contributions — Voids prior service certificate 29 8682 Workmen's Compensation—Accidental death benefit not payable while compensation is being paid.. 30 8876 Pension cannot be paid at same time 31 9158 Refund to pension system for payments prior thereto 31 9147 BICHMOND MARKET— Ordinance to condemn part for widening Read Street not in proper form 31 9221 BIGHT OF WAY— See Traffic. BOADS— See Loch Raven Watershed. BOOMING HOUSES— See Licenses. BUBBISH— See Refuse.

S SALABLE S— Cannot be assigned 29 8655 Nurses—Payment for absences due to illness con­ tracted in doing duty 30 8871 Pratt Library—Change in method of paying em­ ployees 30 9003 SCHOLABSHIPS— See Maryland Institute. SCHOOL BOABD— See Schools; School Buildings. Funds—Resolution conferring control over 29 8747 President — May delegate subordinate to approve bonds and contracts 29 8622 8623 SCHOOL BUILDINGS— Repairs — Contractors required to be registered voters; ordinance invalid 29 8778 Ordinance placing under School) Board 29 8721 Under Bureau of Buildings 29 8637 Sale—Ordinance necessary ;... 29 8722 Smoke screens—Provisions as to 30 9019 SCHOOL FUND— Property of inmates of Bay View without next-of-kin 29 8766 JANUARY 1, 1927—OCTOBER 1, 1931 45-

SCHOOLS— Vol. Page See Public Improvement Commission. Auto repair shop near 30 8988 Buildings prohibited near 30 8988 Repairs, etc., under Bureau of Buildings 29 8635- Children—Placed in foster homes by county organ­ izations required to pay tuition fees 30 9031 Colored school—Ordinance necessary to amend pre­ vious ordinance providing for white school 31 9275 Funds—Resolution conferring control over on School Board 29 8747 Guardian—Evidence as to who is in case of tuition fees 30 8837 Injuries to pupils—City not liable for 29 8578 Loan funds — May be used for school warehouse building 30 8882: Loans—May be used for installing incinerators in old buildings 30 9000 9001 Lyndhurst School—Repair of leak should be charged to construction and not to maintenance 31 9176 Parental School—Truants may be committed to but children convicted of other offenses may not 30 9042 Repairs, etc.—Ordinance to place under School Board 29 8619 Teacher — City Solicitor will defend Principal of school in action for damages 29 8656 Tuition fees —• Applicable to children of non-resi­ dents ; teaching in hospitals 31 9088 Credits where parents or guardians pay taxes to City discontinued 30 9049 Payable where children are placed in foster homes by county organizations 30 9031 Power in Board of Estimates, upon recommenda­ tion of School Board, to change or waive, etc. .. 30 9056 When may be waived 30 9049. SENTENCES— See Contempt. SEWER MAINS— See United Railways & Electric Co. SEWEKS— Charges for in Metropolitan District of Baltimore County 29 8504 8505 Easements—Conduits under which buildings may be erected over 29 8687 Howard Street—Obligation of Baltimore & Ohio Rail­ road Co. for reconstructing 31 9207 Private—Health Department only passes on plans... 30 9052 Water course—City may use for storm drain 30 8822. 46 OPINIONS or THE CITY SOLICITOR

SHOT TOWER— Vol. Page Obligation of City to maintain in safe condition 30 9009 SIDEWALKS— Park Heights Avenue—May be requested to be laid. 29 8680 Trees—City may require abutting owner to keep sidewalks in repair though repairs made necessary by trees planted by City 29 8700 SIGNS— See Minor Privileges. Residential Use Districts—Procedure where signs ad­ vertise existing business 31 9288 SMOKE— Commissioner for Smoke Control and Appeal Board— Appointment mandatory 31 9289 SMOKE SCREENS— See School Buildings. SMOKE HOUSE— See Zoning. SOLDIERS— Securities purchased out of disability compensation taxable. 31 9282 ....-.'.....; 9283 SPECIAL PAVING TAX^- See Paving. STATE'S ATTORNEY— Rent for office—No State appropriation for 29 8677 STOCKHOLDERS— See Appeal Tax Court. - , STORES— See Buildings; Zoning. Mayor and not Zoning Board has final approval 29 8776 STREET LIGHTING— See Lighting. STREET NAMES- HOW may be changed 29 8579 Signs cannot be placed except by City 30 8832 STREET SIGNS— See Street Names. STREETS— See Footways; Sidewalks. Adverse possession—Does not apply to bed of pub­ lic street , 31 9175 Condemnation—Rights of property owners to erect improvements in proposed area after passage of ordinance. 29 8517 8518 Dedication; not actually opened; adverse possession. 30 8833 JANUARY 1, 1927—OCTOBER 1, 1931 47

STREETS—Continued: Vol. Page Liberty Street—Building at No. 218 encroaches on street 29 8598 One-way streets must be so designated by ordinance. 30 8841 Opening, Widening, etc.—Benefits and damages 29 8596 Damages and benefits; validity of Act of 1931 ques­ tioned 31 9278 Erection of improvements after passage of ordi­ nance 29 8517 8518 Memorandum relieving B. & 0. R. R- Co. of any obligation for paving unwise 29 8813 Notices required 30 8996 Revolving Fund—Prohibited as suggested 29 8723 Richmond Market, part of, for widening Read Street 31 9221 Paving—Petition under Ordinance 739, 1922 29 8804 StvucUiY© in.—No claim 'wlaea erected ia bed oi $ub- , lie street or road 31 9175 SUB-CONTRACTORS— See Contractors. SUPERVISORS OF CITY CHARITIES— $2,500,000 loan for City Hospitals—Provisions of Act. 29 8672 SWIMMING POOLS— See Damages.

T TAX EXEMPTION— Churches 30 8905 Linotype machines of Baltimore Correspondent not entitled to 31 9232 9233 Manufacturing machinery—Refrigerating machinery. 30 8827 Securities purchased out of soldier's disability com­ pensation not exempt 31 9282 9287 U. S. Salvage Association—Governmental agency.... 31 9263 9264 TAX SALES— Expenses—Refund approved in particular case 30 8965 8966 Property purchased by City; power to substitute owner of reversionary interest 29 8557 8567 TAXES— Arrears—Cannot collect for more than four years... 29 8774 Assessments—.Intangible personal property 31 9122 Lexington Street merchants—Appeal to State Tax Commission 30 8969 48 OPINIONS OF THE CITY SOLICITOR

TAXES—Continued: Vol. Page Notice as to intangibles 31 9122 Notice as to reclassification 30 8975 Omitted property 29 8750 Banks may be designated as agents to collect...... 29 8795 City Collector—When liable for failure to collect 30 9046 Classification—Urban 29 8806 Collection—Improvements on City piers 29 8765 Foreign Insurance Corporations—Not required to file list of resident stockholders for purpose of taxa­ tion 29 8568 8657 Installments—City cannot provide for paying in 29 8795 Interest and penalties—"Waiver of 30 8921 Law—Administrative officers to enforce as inter­ preted or written 29 8631 Manufacturers—Exemption of machinery even where process is not completed 30 8985 Manufacturing machinery—Process completed outside City 30 8985 Notices—Assessment of intangibles 31 9122 Reclassification , 30 8975 Office furniture—Not exempt 29 8630 Payment in installments—City cannot authorize 29 8795 Piers—Improvements on 29 8765 Reclassification—Notice of 30 8975 Soldiers—Securities purchased out of disability com­ pensation taxable 31 9282 9283 Urban—Classification 29 8806 TEACHERS— Workmen's Compensation Act does not apply to.... 30 8906 TENEMENTS— Laws relating to, not applicable to apartment houses. 31 9100 TERMINAL FREEZING AND HEATING COMPANY— Permission to use conduits 29 8531 TRAFFIC— See Parking. Fire apparatus and ambulances—Right of way, etc. 30 8878 Funerals—Proposed ordinance giving right of way invalid , 31 9139 9180 One-way streets—Designation by ordinance only. ... 30 8841 Right-of-way—Fire apparatus and ambulances 30 8878 Funerals; proposed ordinance invalid 31 9139 9180 TREES— See Sidewalks. JANUARY 1, 1927—OCTOBER 1, 1931 49

TUBERCULOSIS— Vol. Page See Health; Retirement System.. TUITION— See Schools. TWENTY-NINTH STREET BRIDGE— Provisions as to 31 9185 9223 UNDERTAKING ESTABLISHMENTS— See Zoning. UNITED RAILWAYS AND ELECTRIC COMPANY— See Conduits; Home Rule. Paving—Obligations as to; agreement of 1926 31 9188 Tracks—When ordinance not necessary to lay into carbarn ' 29 8584 Water main over Lombard Street Viaduct—Agreement 30 8902 Water and sewer mains—Installation and repair in streets where United has private right of way, etc. 29 8709 Wilkens Avenue—Rights west of Primrose Avenue. 31 9152 UNITED STATES CODE (ANNOTATED)— Title 38, Sees. 450 and 454 31 9283 UNITED STATES SALVAGE ASSOCIATION— Governmental agency—Exempt from taxes. 31 9263 • 9264

V VACANCIES— See City Council. VEHICLES— See Traffic. Denned 29 8744 Parking on alley rear of Auditorium Theatre—Pro­ hibited 29 8703 8708- VICE-PRESIDENT OF CITY COUNCIL— See City Council. - <• VITAL STATISTICS— See Birth Certificates. Death Certificates—By whom to be signed 31 9126 VOTE— See Zoning. VOTERS— Repairs to school buildings to be made by contractors who are registered voters—Ordinance invalid 29 8778

W WAGES— See Employees. Assignment by City employee not binding on City.. .. 30 8933 50 OPINIONS OF THE CITY SOLICITOR

WAGES—Continued: Vol. Page Attachment for groceries; Act does not apply to municipalities 30 9056 Ordinance prescribing—Advisory only 31 9073 9082 WASHINGTON PLACE— Height of Buildings—Act does not limit on west side of Cathedral Street 30 8987 WATER— See "Water Charges. Anne Arundel County—Supplying water question of policy; no refund of deposit for main extensions. 30 8910 Annex (1918)—City can install mains in Pennimann road or purchase mains already there. 31 9196 Baltimore County—»When City may refuse service... 30 8925 Charges—To be fixed by Board of Estimates for in­ dividual supplies in markets 30 8980 Cut off—Authority for enforcing payment of bill... 29 8534 Gas main—Cost of relocating in Baltimore Co 30 8914 8916 Relocation due to installation of water main; cost on Gas Co 30 8865 Loch, Raven "Watershed—Expenditure of loan funds to correct unsanitary conditions 30 8936 Main over Lombard Street Viaduct of railway com­ pany—Agreement as to 30 8902 Meters—Cannot be installed by Bureau where water is for domestic use only 31 9234 Metropolitan District—Assessment for water service 30 8925 Cost of relocating mains 29 8741 8742 Plumbing—Power of City to collect cost of 2'9 8534 Railway tracks—Damages caused by bursting main; when City liable for 31 9270 Shop—Moving of, cannot be charged to water loan.. 31 9246 Top soil—Claim as to quantity furnished under con­ tract. . . 31 9199 Tunnel in Falls Road—Rights of City in 29 8539 TVATER CHARGES— Abatement by Water Engineer 30 8845 Liens—Cease to be if omitted from lien sheets 31 9257 WATER COURSE— City may use for storm drain 30 8822 TVATER DEPARTMENT— See Meters. Baltimore County Water Company—Sale of property 31 9068 9091 JANUARY 1, 1927—OCTOBER 1, 1931 51

WATER ENGINEER— Vol. Page Water charges—-May abate 30 8845 WATER LOAN— Shop—Moving cannot be charged to loan 31 9246 WATER MAINS— See United Railways & Electric Company. Gas Company—Liable for cost of moving gas main to permit installation of water main 31 9254 Liability of Pennsylvania Railroad for relocating in bed of Wilson Street 29 8589 8590 Railway tracks—Expense of supporting 31 9123 WATER RENTS— Collection—Limitations 29 8802 WEIGHTS AND MEASURES— Gasoline tanks—May refuse to inspect and seal glass containers if disapproved by Bureau of Buildings and Fire Commissioners 29 8627 Oil meters—Inspection not required 31 9107 9110 WESTERN MARYLAND RAILWAY COMPANY— See McComas Street Pier. Contract for McComas Street Pier and Warehouse... 29 8705 McComas Street Pier—Building permit to be included in cost of construction 30 8955 Tracks on Exeter Street—Pending ordinance 30 8953 Underpass at Gwynns' Palls Parkway—Liability of City 29 8570 WIDOWS— See Fire Department. WILKENS AVENUE— Rights of United Railways in west of Primrose Ave.. 31 9152 Shed in bed of; no claim for damages for removal of 31 917& WORKMEN'S COMPENSATION—. See Retirement System. Teachers—Does not apply to 30 8906

Z ZONING— Apartment hotel—Building at Monument and Cathe­ dral Streets 30 8993 Apartment house—Ordinance to prohibit in certain area; policy as to permit for while ordinance is pending 30 8862 Appeals—• Affirmative vote of four members necessary to re­ verse decision of Zoning Commissioner (Build­ ings Engineer) 30 8973 52 OPINIONS OP THE CITY SOLICITOR

ZONING—Continued: Vol. Page Appeals—Continued: Apartment hotel at Monument and Cathedral Sts. 30 8993 Application for permit for addition to store and warehouse • 30 8864 Does not lie from action of Mayor in re undertak­ ing establishments 29 8694 Failure to secure permit under prior variation... 31 9104 Garages 29 8561 Greenway Apartments 30 8930 In case of revocation of permit and reinstatement of same 31 9171 v Negative in re funeral parlor 29 8566 New application, although for same premises as a previous application; condition 31 9065 No appeal where permit issued on order of Zoning Board 30 8930 No particular form prescribed 30 8864 Notices of disapproval cannot be redated for pur­ poses of 29 8523 Pending ordinance—To change classification does not affect 30 8946 Pending under Ordinance 522 void upon passage > of Ordinance 825 29 8530 Permit for smoke house 30 8824 Permit illegally granted should be nullified 29 8737 Retail fish house and storage 29 8593 . Stays permit granted by Inspector of Buildings.. 29 8735 Under Ordinance 825, 1926 30 8840 Watchmaker's shop 30 8849 8851 Application—Variance from previous approval to be considered as new application 31 9065 Board—Absent members cannot leave vote in writing 30 9004 Brick building near frame—Building Code prohibits. 29 8706 Building Code—Zoning ordinance being later enact­ ment prevails in case of conflict 31 9274 Building permit—Ownership of property not question for Board in particular case 30 8944 Chicken killing—No conflict with Commissioner of Health as to 30 9005 9006 City Council—May authorize use prohibited by Zon­ ing Ordinance 29 8715 Filling station—Lack of notice voids permit 29 8549 Funeral parlor—Approval of permit by Mayor and Zoning Board 30 8840 Requirements for permit 29 8566 JANUARY 1, 1927—OCTOBER 1, 1931 53

ZONING—Continued: Vol. Page Garages—Appeals 29 8561 "Public" within meaning of Ordinance 243, Oct. 18, 1924 31 9142 Ordinance—(Pending) To change classification does affect appeal as to permit 30 8945 Permits—Suggested procedure as to 31 9118 Poultry killing establishment—Board has no juris­ diction in second application while first is before Court 29 8816 Procedure—Suggested 31 9118 Res Adjudicata 29 8818 Signs—Advertising existing business in residence use district—Procedure 31 9288 Prohibited in residential districts 31 9272 Smoke house—Appeal to Board in re permit for.... 30 8824 Stores—Advertising on appeal; second advertising for application to Mayor 30 8870 Mayor has final approval 29 8776 Undertaking establishments—Appeal does not lie from Mayor 29 8693 Variation—New application for permit under; failure to secure permit under 31 9105 Suggested procedure as to 31 |9118 Vote—Absent member cannot leave vote in writing.. 30 »6004 Watchmaker's shop—Appeal 30 «84$; |85g