•

to the OPINIONS of the

SOLICITOR

1931-1963

IVERSTINE 820735 INDEX

TO THE Opinions of the City Solicitor of Baltimore, Maryland

For the Period From October 1, 1931, to June 30, 1963

VOLUMES 32 TO 55, INCLUSIVE (Supplementary to the Indexes for the period July 1, 1903, to September 30, 1931)

JOSEPH ALLEN City Solicitor

Compiled by CARL N. EVERSTINE Director, Department of Legislative Reference

DANGARY PUBLISHING COMPANY Baltimore, Maryland PRINTED IN THE UNITED STATES OF AMERICA Index To Opinions of City Solicitor OCTOBER 1, 1931 TO JUNE 30, 1963 Volumes 32 to 55, inclusive (Supplementary to the Indexes for the period July 1, 1903 to September 30, 1931)

A Volume Page ABANDONED DWELLINGS— Acquisition held to be proper public use 52 128 ABANDONMENT— Defined 49 189 Defined, as to adoption proceedings . . . 47 197 ABATEMENT— See Assessments; Minor Privileges; Taxes. ABATTOIRS— Manufacturers' tax exemption not given to 50 144 ACCIDENTAL DEATH— Fire Department—Duty to file claim 49 300 Ruling as to 50 354 ACCIDENTAL DEATH BENEFIT— See Retirement System. ACCIDENTAL DISABILITY— Fire Department—Hospital bill first paid by Blue Cross 52 8 See also Retirement System. ACCIDENTAL DISABILITY RETIREMENT-^ See Retirement System. ACCIDENTAL INJURIES— See Workmen's Compensation. ACCIDENTS— City not liable for injury to employee not covered by Workmen's Compensation 35 4, 6, 14 Leave of Absence and payment of medical expenses when not covered by Workmen's Compensation' .... 35 6 2 OPINIONS OF THE CITY SOLICITOR

Volume Page ACCIDENTS—Continued: Street contractor's responsibility for 49 154 See also Damages; Employees; Retirement Sys- tem; Workmen's Compensation. ACCOUNTANTS— Not "professional" under zoning ordinance 52 25 ACTS OF ASSEMBLY— Acts Construed or Cited— 1797, Ch. 45 36 91 1801, Ch. 92 36 91 1805, Ch. 84 36 91 1810, Ch. 103 48 76 1813, Ch. 71 48 76 1826, Ch. 123 36 114 41 88 46 38 51 243 1827, Ch. 209 41 89 1837, Ch. 82 36 114 1840, Ch. 8 33 215 1842, Ch. 86 35 109 1853, Ch. 376 42 134, 141, 149 1856, Ch. 154 42 138,151 48 76 1856, Ch. 215 34 60 1860, Ch. 176 41 210 1861, Ch. 240 42 139 1862, Ch. 129 34 61 43 5, 155 49 151 1866, Ch. 154 36 114 1868, Ch. 407 33 82 54 277 1870, Ch. 25 42 139 1874, Ch. 218 33 49 1876, Ch. 260 45 303 1878, Ch. 155 51 243 1882, Ch. 181 33 237 52 46 1882, Ch. 223 41 90 1884, Ch. 232 41 90 1884, Ch. 233 41 90 1886, Ch. 191 42 156 1888, Ch. 429 45 308 OCTOBER 1, 1931—JUNE 30, 1963 3

Volume Page ACTS OF ASSEMBLY—Continued: 1890, Ch. 166 45 308 1890, Ch. 370 48 156 1892, Ch. 200 54 37 1892, Ch. 284 32 46 1894, Ch. 180 44 18 1896, Ch. 120 34 13,34 1898, Ch. 123 43 6 47 246 54 14 1898, Ch. 361 32 220 1901, Ch. 30 41 244 1902, Ch. 92 32 238 43 235 1904, Ch. 349 33 235 35 61 1904, Ch. 364 36 74 1904, Ch. 468 35 119 1904, Ch. 677 32 164 1906, Ch. 244 42 127 1906, Ch. 334 32 65 1906, Ch. 401 33 212,217 1906, Ch. 416 32 238 33 71,73 1906, Ch. 471 41 117 1908, Ch. 54 42 139 1908, Ch. 98 32 184 1908, Ch. 205 32 96 1908, Ch. 214 34 53 35 192 42 139, 156 45 206 46 150 1908, Ch. 435 33 170 1908, Ch. 515 32 164 33 59,74 1908, Ch. 583 33 208 34 21 37 111 1908, Ch. 584 33 294 1910, Ch. 94 32 169 34 58 1910, Ch. 374 46 150 1910, Ch. 715 33 170 1912, Ch. 688 32 46,47 4 OPINIONS OF THE CITY SOLICITOR

Volume Page ACTS OF ASSEMBLY—Continued: 33 41 33 170 36 89 41 277 1912, Ch. 823 33 90 36 42 1914, Ch. 43 37 20 1914, Ch. 125 35 155 1914, Ch. 150 35 156 1914, Ch. 240 44 19 1914, Ch. 390 34 36 1914, Ch. 416 41 240 1914, Ch. 470 33 205 1914, Ch. 587 35 85 1916, Ch. 25 32 151 41 277 1916, Ch. 126 36 51 1916, Ch. 231 42 140,166 1916, Ch. 506 33 84 1916, Ch. 610 36 49 1916, Ch. 670 33 175 1918, Ch. 82 34 55 37 111 45 151 1918, Ch. 222 32 53 1918, Ch. 307 43 99 :: 1920, Ch. 351 33 170 1920, Ch. 373 32 185 1920, Ch. 374 32 185 34 50 35 120 1920, Ch. 445 54 296 1920, Ch. 555 32 51 49 30 1920, Ch. 560 43 177 48 153, 175 49 95,208 50 288 1922, Ch. 474 33 84 1924, Ch. 229 32 225 1924, Ch. 230 32 220 37 56 1924, Ch. 411 44 132 1924, Ch. 416 42 49 OCTOBER 1, 1931—JUNE 30, 1963 5

Volume Page ACTS OF ASSEMBLY—Continued: 1924, Ch. 417 40 108 1924, Ch. 418 32 202 39 225 1924, Ch. 537 33 17 54 296 1924, Ch. 539 35 122 1927, Ch. 118 32 17 1927, Ch. 312 35 188 43 190 44 13 1927, Ch. 328 32 217 35 158 42 202 1927, Ch. 333 33 150 1927, Ch. 431 45 39 1927, Ch. 471 34 50 1927, Ch. 632 32 65 1927, Ch. 705 39 131 47 225 1929, Ch. 61 38 109 1929, Ch. 220 33 155 35 165 41 21 45 39 1929, Ch. 226 33 140 34 13,34 35 79, 181 36 105 38 5 1929, Ch. 242 43 177 48 153 49 208 50 288 i 1929, Ch. 243 47 71 1929, Ch. 269 40 163 1929, Ch. 279 32 233 33 10,50, 56,112 39 62 1929, Ch. 401 ,,,,, 33 175 1931, Ch. 37 32 133 40 162 46 18 1931, Ch. 76 53 63 6 OPINIONS OF THE CITY SOLICITOR

Volume Page ACTS OF ASSEMBLY—Continued: 1931, Ch. 148 33 244 1931, Ch. 182 33 84 1931, Ch. 225 32 134 33 215 1931, Ch. 287 33 194 47 192 53 134 1931, Ch. 332 32 258 33 75 1931, Ch. 354 32 40,42,56 41 242,274 42 207 43 29 45 132 46 64 1931, Ch. 363 35 144 1931, Ch. 416 40 103 1931, Ch. 433 44 14 1931, Ch. 434 34 97 44 13 1931, Ch. 491 33 133 1931, Ch. 497 32 20 1931, Ch. 518 33 204 36 81 1931, Ch. 520 34 50 43 66 1931, Ch. 521 34 54 43 180 1933, Ch. 68 35 101 1933, Ch. 215 33 204 35 80, 123 39 62 1933, Ch. 216 33 296 1933, Ch. 217 37 17,42 1933, Ch. 221 35 80 1933, Ch. 222 49 226 1933, Ch. 264 35 184 1933, Ch. 409 34 12 1933, Ch. 412 36 3 1933, Ch. 584 46 31 1933 (Sp. Sess.), Ch. 2 34 95 1933 (Sp. Sess.), Ch. 3 35 31 1933 (Sp. Sess.), Ch. 3 36 140 1933 (Sp. Sess.), Ch. 30 34 112 OCTOBER 1, 1931—JUNE 30, 1963 7

Volume Page ACTS OF ASSEMBLY—Continued: 1933 (Sp. Sess.), Ch. 32 34 112 1933 (Sp. Sess.), Ch. 103 33 261 1935, Ch. 2 54 14 1935, Ch. 92 43 39 1935, Ch. 118 44 14 1935, Ch. 121 34 97 44 13 1935, Ch. 188 34 84 1935, Ch. 282 40 132 1935, Ch. 309 35 209 1935, Ch. 407 38 40 39 160 1935, Ch. 412 35 135 38 128 39 57,62 40 25 1935, Ch. 586 35 53 49 226 1935, Ch. 592 35 52 1936 (Sp. Sess.), Ch. 10 35 139,173 38 10 1936 (Sp. Sess.), Ch. 145 38 4 1936 (Sp. Sess.), Ch. 148 38 3 1937, Ch. 39 38 3 1937, Ch. 65 37 106 39 4, 164, 222 1937, Ch. 77 38 66 1937, Ch. 94 37 2,6,30 45 75 1937, Ch. 95 37 110 1937, Ch. 215 37 98 1937, Ch. 356 55 136 1937, Ch. 469 37 52 38 5 1937, Ch. 517 37 3 41 122 42 75,209 1937, Ch. 518 37 3,6 1937 (Sp. Sess.), Ch. 4 38 4 1937 (Sp. Sess.), Ch. 11 38 2,10,102 1937 (Sp. Sess.), Ch. 12 38 124 46 53 1939, Ch. 108 45 39 1939, Ch. 277 38 97 8 OPINIONS OF THE CITY SOLICITOR

Volume Page ACTS OF ASSEMBLY—Continued: 39 113 40 130 1939, Ch. 280 50 47 1939, Ch. 281 43 202 1939, Ch. 369 39 31 44 26 1939, Ch. 387 39 56 1939, Ch. 407 41 21 1939, Ch. 566 40 119 1939, Ch. 674 46 268 1939, Ch. 764 38 105 1939, Ch. 775 39 17,108 1941, Ch. 36 40 161 41 41, 140 1941, Ch. 40 47 57 1941, Ch. 290 46 54 1941, Ch. 327 41 238 1941, Ch. 357 43 183 1941, Ch. 403 41 5 1941, Ch. 467 41 233 46 268 1941, Ch. 536 40 159 41 65 1941, Ch. 539 40 148 44 132 1941, Ch. 540 42 1 1941, Ch. 544 40 207 1941, Ch. 562 41 122 1941, Ch. 629 42 3 1941, Ch. 648 41 81 1941, Ch. 695 42 188 1941, Ch. 701 41 22,149,275 42 19, 240 1941, Ch. 710 42 85 45 67 1941, Ch. 823 41 212 42 268 1941, Ch. 849 40 175,196 41 121,200, ' 215,226 42 180 1941, Ch. 912 42 35 1943, Ch. 78 42 198,199 1943, Ch. 410 42 231 OCTOBER 1, 1931—JUNE 30, 1963 9

Volume Page ACTS OF ASSEMBLY—Continued: 1943, Ch. 475 42 175,176 1943, Ch. 479 43 103,218 1943, Ch. 483 42 240 43 76,116 44 6 1943, Ch. 490 48 24 1943, Ch. 625 44 42 1943, Ch. 635 43 9 1943, Ch. 687 42 225 1943, Ch. 767 44 99 1943, Ch. 797 47 78 1943, Ch. 818 42 191 46 187 48 39 1943, Ch. 848 44 14 47 257 1943, Ch. 851 43 36 1943, Ch. 872 45 29 1943, Ch. 936 44 34 1943, Ch. 943 43 195 1943, Ch. 966 46 215 1943, Ch. 969 44 19 1943, Ch. 1007 43 22 45 53 1944 (Sp. Sess.), Ch. 9 46 72 55 167 1944 (Sp. Sess.), Ch. 11 46 49 1944 (Sp. Sess.), Ch. 13 45 254 46 6 47 285 1944 (Sp. Sess.), Ch. 18 43 160 44 32 1945, Ch. 36 44 126 1945, Ch. 69 45 124 1945, Ch. 210 47 142 1945, Ch. 308 44 106 1945, Ch. 314 52 207 1945, Ch. 337 44 118 45 193 1945, Ch. 456 45 21,99 1945, Ch. 548 44 132 45 131, 135, 178 53 134 54 37,277 10 OPINIONS OF THE CITY SOLICITOR

Volume Page ACTS OF ASSEMBLY—Continued: 1945, Ch. 638 45 131 1945, Ch. 760 45 27 1945, Ch. 783 44 92 1945, Ch. 786 48 24 1945, Ch. 798 44 116 1945, Ch. 801 44 92 1945, Ch. 825 44 104, 129 46 20 1945, Ch. 863 48 5, 127 52 135 55 136 1945, Ch. 878 44 100 1945, Ch. 897 44 105, 129 49 117 1945, Ch. 909 45 155 1945, Ch. 931 44 99 1945, Ch. 934 44 93 1945, Ch. 956 45 145,227 1945, Ch. 975 44 94 1945, Ch. 1012 45 127,236 1945, Ch. 1016 45 271 1945, Ch. 1017 44 109 1945, Ch. 1052 44 131 1945 (Sp. Sess.), Ch. 1 46 15 1947, Ch. 42 47 257 53 16 1947, Ch. 43 47 257 1947, Ch. 44 47 257 49 89 1947, Ch. 48 46 149 1947, Ch. 49 47 152 1947, Ch. 97 45 310 1947, Ch. 98 45 310 46 274 47 41 1947, Ch. 161 46 76 1947, Ch. 319 46 200 1947, Ch. 335 45 266 1947, Ch. 346 46 36,201 1947, Ch. 497 48 139 1947, Ch. 505 46 76 1947, Ch. 599 47 197 1947, Ch. 600 46 185 1947, Ch. 601 46 139 OCTOBER 1, 1931—JUNE 30, 1963 11

Volume Page ACTS OF ASSEMBLY—Continued: 1947, Ch. 603 46 65 1947, Ch. 611 46 234 53 105 1947, Ch. 678 46 42 1947, Ch. 700 46 54 1947, Ch. 701 47 44 1947, Ch. 713 45 257 46 19 1947, Ch. 766 45 301 1947, Ch. 907 47 144 1947 (Sp. Sess.), Ch. 1 46 140 1947 (Sp. Sess.), Ch. 17 48 47 1947 (Sp. Sess.), Ch. 18 46 241 1947 (Sp. Sess.), Ch. 41 46 258 1948 (Sp. Sess.), Ch. 28 46 229, 234, 273, 288 47 19,21,28 48 205 49 47 52 126 53 105 1949, Ch. 86 47 177 1949, Ch. 191 47 115 1949, Ch. 217 55 1 1949, Ch. 438 49 5 1949, Ch. 446 47 197 1949, Ch. 529 47 157 1949, Ch. 563 48 35 49 268 1949, Ch. 669 47 280 1949, Ch. 749 48 61 1951, Ch. 27 49 174 52 14 1951, Ch. 29 50 146,320 51 96 52 126 54 80 1951, Ch. 132 49 81 1951, Ch. 134 50 212,347 51 1 52 158 1951, Ch. 199 48 153 1951, Ch. 200 48 153 1951, Ch. 201 48 147, 153, 175 12 OPINIONS OF THE CITY SOLICITOR

Volume Page ACTS OF ASSEMBLY—Continued: 49 95,208 50 288 1951, Ch. 282 49 2 1951, Ch. 326 48 139 49 112,123 50 15,36 51 74 1951, Ch. 378 48 168 1951, Ch. 389 48 83 1951, Ch. 680 48 39 1953, Ch. 140 50 94 51 264 52 273 1953, Ch. 218 50 288 1953, Ch. 658 49 112,123 50 15,37 51 240 1953, Ch. 662 55 136 1953, Ch. 750 51 236 1953, Ch. 768 51 36 1953, Ch. 773 49 218,235 1954, Ch. 8 50 215 1955, Ch. 43 50 187 1955, Ch. 182 51 74,240 1955, Ch. 587 51 85,119 1955, Ch. 602 50 234 1955, Ch. 622 51 229 53 74 1955, Ch. 662 52 224 1956, Ch. 128 51 94 : 1956 (Sp. Sess.), Ch. 2 51 255 1956 (Sp. Sess.), Ch. 7 52 110,113 53 103, 109 1956 (Sp. Sess.), Ch. 8 51 222 1957, Ch. 243 52 212 1957, Ch. 450 51 163 1957, Ch. 521 54 251 1957, Ch. 649 53 243 55 43, 79 1957, Ch. 739 51 92 1957, Ch. 845 51 229 52 224 53 74 1958, Ch. 68 51 225 OCTOBER 1, 1931—JUNE 30, 1963 13

Volume Page ACTS OF ASSEMBLY—Continued: 1958, Ch. 73 51 254 1958 (2nd Sp. Sess.), Ch. 3... 52 113 53 103 1959, Ch. 42 54 14 1959, Ch. 387 52 171 1959, Ch. 535 53 167 1959, Ch. 550 53 243 1959, Ch. 599 52 171 1959, Ch. 688 52 69,189 1961, Ch. 212 53 105 54 80 1961, Ch. 287 53 181 1962 (Sp. Sess.), Ch. 10 54 80 1963, Ch. 290 55 136 ADMINISTRATION— When necessary for disposition of death benefits under Retirement System 44 76 ADMINISTRATIVE BOARDS— Power to reopen cases 52 6 ADMINISTRATIVE DECISIONS— Boards generally have no authority to review decisions of their predecessors 43 132, 133 ADMISSIONS— License for sale of tickets—Application of . . . 47 63 ADMISSIONS TAX— Admissions at City swimming pools exempt under present law 41 212 City subject to state tax 40 28 Federal Tax—When payable on Fort Smallwood Bath- ing Beach tickets 40 29 Not applicable to receipts from City Swimming Pools. .38 10 Public School Athletic Events—When may not be liable for 35 173 Refund to City claimed 42 267 Stadium^Proposed ordinance to impose tax, unreason- able . . 46 138 State tax on not applicable to city swimming pools and golf courses 35 139 Tickets to Baltimore Symphony Orchestra subject to. . . 39 23, 113 ADOPTION— Consent to, by Welfare Department 49 189 14 OPINIONS OF THE CITY SOLICITOR

Volume Page ADOPTION—Continued: Parental rights discussed; lunatic parent 47 195, 197 Procedure where father cannot be found 47 128 Surgery on Child not adopted 54 165 54 263 AD VALOREM TAXES— Distinguished from excise taxes 50 282 ADVANCES— Term distinguished from loan 47 264 ADVERTISEMENTS— For tax sales on legal holidays are valid 34 1 Park concessions—Form for sale of 35 38 Substitute franchise—Not required for 35 163 When may be in German newspaper 35 15 See also Board of Estimates; Municipal Journal. ADVERTISING— City property; display 33 277 City Seal not to be used in 50 358 Concessions in parks—Desirable but not necessary .... 45 186 Contracts—May be in more than two newspapers 41 40 Fraudulent—For sale of nylons 45 305 Opening street 32 225 Painting on street pavement 38 69 Renewal franchise ordinance 32 147 Requirements as to 41 40 Stadium—Concessionaire contract 49 111 Stadium—Flying over 47 98 Tax sales 32 143,211 See also Advertisements; Benches; Signs; Zoning. ADVERTISING SIGNS— Street lamp poles—Minor privilege permit necessary. . . 36 36, 40 ADVERTISING TAXES— See Taxes—Advertising Taxes. AESTHETIC CONSIDERATIONS— Property—General discussion 54 116, 169 AGREEMENT AND RELEASE— See Contracts. AGREEMENTS— See Contracts. OCTOBER 1, 1931—JUNE 30, 1963 15

Volume Page AIR CONDITIONING UNITS— Subject to Plumbing Code 50 246

AIR MAIL— Contracts; control of Interstate Commerce Commission 36 32 AIRPLANES— Accident—Presumption of death as to member of Retirement System 49 142 Broadcasting from; noise 46 219 Stadium—Flying over 47 98

AIRPORT BOARD— Promotional activities approved 50 237

AIRPORT BOARD OF ZONING APPEALS— Member—Eligibility ruled upon 50 303, 304 AIRPORTS— Acquisition of land for Friendship Airport 45 27 Board—Air show permitted by 46 57 Board—Concessions awarded at 47 171 Board—Employees under City Service 48 43 Board—Powers as to sites 46 29 Building at—No permit required 39 192 Contract exempting city from liability 47 16 Employees—Aircraft operation by; liability for accidents 45 181 Employees—Workmen's compensation for 48 51 Erection of church near; condemnation to prevent .... 46 300 Expenditures from proceeds of loan 46 149 Federal funds for 38 126 Friendship Airport—See under that heading. Ground control operation—Responsibility of 47 216 Hangar—Machine shops within Pan American Company 37 48 Harbor Field—See under that heading. Heliport—Use of City property for 52 155 Insurance—Policy by City and independent operators. .45 165 Lease to Curtis-Caproni Corporation—Termination ... 35 169 Lease of to Curtis-Wright Corp.—Conditions for termi- nation of 45 42 Lease to Curtis-Wright Corp.—Terms, conditions, etc.; how may be modified 45 34 Lease—Petition for assignment by Curtis-Wright Corp. 45 38 License—Requirements for; regulations 45 27 Limousine service to, not subject to gross receipts tax. . 46 97 Liability Insurance—No need to renew since U. S. has control 42 15 16 OPINIONS OF THE CITY SOLICITOR

Volume Page AIRPORTS—Continued: Loan funds may be used for salaries of Airport Zoning Commission and employees 45 136 Loan funds used for equipment 46 149 Pan American Airways—Only liable for repairs necessi- tated by its use of the leased premises 45 149 Plan for, outside City 40 31 Right of way to—Proposal of aviation companies 33 153 Riparian Owners—Liability of City for increasing flow of water 46 135 Sites—Not to conflict with Master or Detailed Plans. . . 46 31 Skyways International Trading & Transport Co.—Lia- bility of City, etc., may be provided in agreement or lease 45 256 Structures hazardous to air traffic—City's remedy; condemnation 35 165 Taxicabs, etc.—No power in Aviation Commission to fix rates 45 190 Trees—Power to condemn when hazard to 41 21 Use of by motor vehicles—Power of City Aviation Commission to make regulations as to 45 190 Watershed and Reservoir—Cannot be leased for, as long as needed for water supply 46 150 See also Condemnation; Aviation Commission; Commission on City Plan. AIRPORT ZONING— Application for—Forms 46 154 Board—Members, tenure, chairman 47 64 Districts—Regulations 46 6 Enforcement of, within confines of airport 47 285 Hearings—Notice of 46 6 AIR RAID SHELTERS— Pending ordinance relating to; validity questioned .... 41 152, 169 See also Buildings. AIR RESEARCH AND DEVELOPMENT COMMAND— Employees not under City merit system 51 246 AIR SHOW— Airport Board may permit 46 57 AIR STATION— Alterations—Effect on original construction contract 41 19 ALAMEDA BOULEVARD— Ordinance permitting certain trucks to use is dis- criminatory 40 98 OCTOBER 1, 1931—JUNE 30, 1963 17

Volume Page ALCOHOLIC BEVERAGES— Confiscated Beer—Sale at public auction by City .... 45 155 Excise Tax 46 16 Friendship Airport—Sale to Negroes at 48 49 License—Refund may be granted 40 196 License—Refund not authorized 41 120 41 199,214 License—Refund; receivership or bankruptcy 39 108 License—Refunds 39 199,202 License—Refund when issued in error 41 225, 226 License or franchise—Not a right 52 200 Minors on premises—Discussion 54 92 Museum of Art—Serving in, ruled legal 48 213 Pending ordinance making it unlawful to drink on streets, etc 45 2 Refund—Filing fee cannot be refunded 45 300 Refund—Not payable in voluntary liquidation 42 179 Refund—When license revoked on appeal 44 123 Refund—When to be allowed 43 224 Stadium—Charter amendment; effect on contract .... 52 233 Stadium—Ordiance cannot control sale of beer .... 52 220 Taxes—Refund of, not required 50 215 See also Beer.

ALCOHOLICS— Rehabilitation center, from jail loan funds 52 156

ALEXANDRIA FIRE ENGINE COMPANY— Sale or loan of historic fire engine to 49 101 ALIEN PROPERTY CUSTODIAN— Real estate in hands of subject to taxation 45 102 ALIENS— Medical investigator for post mortem examiners 49 39 Transactions with; when license required 41 108, 111 See also Naturalization.

ALLEYS— Assessment abated for non-profit organization 51 129 Assessments for work; payments, lien 51 67 Churches exempt from paving assessments 42 206 46 64 Dedication—Effect of 38 91 Dedication through acts of City 41 223 Grading—City not liable for consequential damages 46 60 18 OPINIONS OF THE CITY SOLICITOR

Volume Page ALLEYS—Continued: Paving—Reduction of charges, either before or after appeal 52 62 Private—Paving; churches exempt 45 131 Repaving—Cannot be assessed against property 36 89 Roland Avenue—Rear of—Public 41 223 Steps—Revocation of permit by Board of Estimates; Court proceedings for removal 38 107 Width of motor vehicles in 51 78 See also Paving assessments; Special assessments; Streets. ALL-NIGHT PARKING— See Parking. AMATEUR SPORTS— See Recreation. AMBASSADOR APARTMENTS— Authority for installation of gasoline tanks in 32 145 AMBULANCES— Duty of crew in emergency birth cases 49 61 AMBULANCE SERVICE— Procedure and requirements discussed 51 121 AMUSEMENT DEVICES— Applicability of license requirements 51 66 Licenses for any "premises" 49 122 AMUSEMENTS— Baseball and hockey machines 46 98 See also Licenses. ANATOMY BOARD— Burial for public welfare recipients 47 280 Not required to give preference in allocation of bodies to Columbia Institute of Chiropractic 45 308 ANDARD STREET Pipe line across—Permit from Board of Estimates necessary 35 20,41 ANNAPOLIS ROAD— Rights of B. & O. R. R. if street is closed 35 27 ANNE ARUNDEL COUNTY— Connecting sewers with City system 32 183 Flooding streams—Responsibility for; discussed 55 120 OCTOBER 1, 1931—JUNE 30, 1963 19

Volume Page ANNE ARUNDEL COUNTY—Continued: Friendship Airport—Legal status 55 195 Friendship Airport—Not taxable by 50 227 Friendship Airport—Zoning restrictions 55 39 Zoning—Friendship Airport; motel not permitted on. . 55 39 ANNE ARUNDEL COUNTY CODE (1957 Edition) Sections cited or construed— Chapter 24; Sections 24-1, 24-5 55 195 Chapter 29; Sections 29-1, 29-2 55 195 Chapter 35 55 39 Chapter 35; Sections 35-37 - 35-44 55 195 ANNOTATED CODE— See Public General Laws. ANNUAL INSPECTION FEE— Building Code—Overpayments; how handled 54 233 APARTMENTS— Cooperative—Subject to multiple dwelling ordinance.. 54 237 Gasoline tanks in 32 160, 161, 162 Multiple dwelling ordinance 52 263 APPEALS— Applicant fails to appear 39 89 Assessments filed after date of finality 50 36 Board of Municipal and Zoning Appeals; form 52 102 Costs; guarantee of payment 51 225 Date of finality; October 1 enforced as 51 74 Fence permits based on erroneous plats 51 28 Paving assessments—Reduction 52 62 Tax refunds; procedure for 51 90 Zoning; Bureau of Building Inspection should initiate. . 51 202 See also Civil Service Commission; Municipal and Zoning Appeals; Zoning. APPEAL TAX COURT— See Bureau of Assessments. Attorney to file power of, in order to secure pertinent notices 33 296 Hearings—Taxpaper entitled to or to be represented by attorney 33 296 Power to compel trustees to disclose list of resident bondholders 33 234 Refunds—Application in case of taxes paid in error 37 32 See also Refunds. 20 OPINIONS OF THE CITY SOLICITOR

Volume Page APPEARANCE FEES— Retained in party by sheriff, clerks of court 53 59 APPLICATIONS— Application fee and license fee distinguished 53 175 APPOINTING OFFICER— Designation; duties 48 3 APPOINTMENTS— Hold-over terms discussed 49 105 Power of Department head to make 39 13 Resubmission of name of person previously rejected; no obligation on Council to act but it may confirm 43 73 See also Civil Service Commission. APPRAISALS— Income approach to, discussed 55 65 Interest rates, if favorable, increase property value .... 55 65 Real and personal property—Distinction 52 226 Tax benefits held to increase property value 55 65 APPRAISERS— Not officers of City 50 43 Property acquired for public use—Valuation 50 338 APPROPRIATIONS— Money to be expended must be appropriated 46 4 Private claims approved by Board of Estimates 47 246 Private hospitals and institutions—Principles discussed 53 37 53 43 Schools—Apportioned by School Board 47 226 To agencies under City control 47 174 See also Estimates, Ordinance of. ARCHITECTS— Appointment 46 84 Art Museum Building 35 31 Contract for architectural services with firm of architect and engineers invalid 43 218 Deceased—Completion of work 50 87 Fees—Payment for work in advance of contract provisions 45 125 Permits for building construction not to be issued to. ... 48 120 ARCHITECTURAL COMMISSION— Law cited 52 191 ARCHITECTURAL DISTRICTS PRESERVATION— Authority land procedure; general discussion 54 116 OCTOBER 1, 1931—JUNE 30, 1963 21

Volume Page AREA NO. 12— Limits; measure of damages in condemnations 49 220 AREAWAY— Altering at 971 N. Collington Avenue—Minor privilege not necessary 42 42 See also Buildings. ARMED FORCES— Soldiers and Sailors Civil Relief Act—Discussed 53 159 See also City Council; Soldiers. ARMISTEAD GARDENS— Private streets; civil and criminal jurisdiction over area 40 156 Traffic—Powers of Traffic Director as to 49 224 ART COMMISSION— Statues; change must be approved by 51 194 ARTHUR, JAMES F.— Planning Commission—Member 47 10 ARUNDEL BOAT CLUB— Lease of City property to 35 121 ASHES— Receptacles for 46 44 ASPHALT— Manufacture of, requires ordinance 52 21 ASSESSMENTS— Abatement—After date of finality; after judgment .... 50 15 Abatement—Board of Estimates cannot grant 39 75 41 87 Abatement—Bureau of Assessments may make before taxes are paid 40 92 Abatement—Cannot be made after assessment becomes final 40 139, 142, 144 Abatement—Effect upon interest and penalties 54 231 Abatement—Held not authorized 51 240 Abatement—Not allowed for demolition of building after October 1 45 216 Abatement—Power of Board of Municipal and Zoning Appeals 49 112 Abatement—Proper when made erroneously 52 54, 62 Abatement—Time and conditions for 52 184 Abatement—When may be made 40 93 Alley paving—Reduction of charges 52 62 22 OPINIONS OF THE CITY SOLICITOR

Volume Page ASSESSMENTS—Continued: Appeal, by other than property owner 52 82 Appeal to Board of Municipal and Zoning Appeals ... 52 102 Back assessment not to be charged interest 51 200 Blind—Amount reduced for 53 231, 235 Bureau to make appeal 39 89 Date of finality is October 1 51 74 Deceased after date of finality—When refunds to be made 50 36 Discrimination between real and personal property .... 51 254 Escaped personal property—Power to assess 39 87 52 102 Erroneous—Refund of taxes denied for 50 184 General power as to; construed 48 71 Housing Authority—No abatement where property ac- quired after payment of taxes 40 125 Increasing and abating; power 48 139 May be made each year; exceptions 45 279 May be made at other than five year periods 46 248 Motor Vehicles—When used cars to be excluded in hands of dealers 40 207 Non-profit organization; abated 51 129 Personal property—Escaped; power to assess 52 102 Personal property—Value ascribed by taxpayer 53 215 Refund for over-payment . 49 199 Special paving tax assessed only once 50 306 Urban renewal properties—Land used for off-street parking 54 80 See also Paving; Taxation; Tax Exemptions. ASSIGNMENTS— By contractor against funds retained by City 33 1 See also Contracts. ATTACHMENTS— Alcoholic beverage licenses—Discussion 52 209 City cooperates in collecting Federal tax liens 51 220 Compensation of City employees not subject to for Federal income tax 43 8 Employee's salary not subject to, while in hands of City 51 220 Salary, wages and pension funds of employees not sub- ject to 35 152 Wages and salaries not subject to 46 266 See also People's Court. ATTORNEYS— Appearance fees retained in part by sheriff, clerks of court 53 59 OCTOBER 1, 1931—JUNE 30, 1963 23

Volume Page ATTORNEYS—Continued: Appearance fees; when sheriff to collect 48 24 Clients of, while office holder 50 19 Employed by City employees accused of certain offenses; City not liable for expenses 46 178 See also Power of Attorney. ATTORNEYS' FEES AND EXPENSES— Policy of City not to pay for defending officers and em- ployees of City for certain offenses 46 178 AUCTIONEER— Appointed by Mayor; not authorized to sell at auction outside City 45 61 Bonds—Licensing ordinance did not affect 52 29 General license needed to sell hogs at auction 45 60, 61 License fees; commissions increased 50 23 Licenses—Fee to be uniform 52 29 License fee not to be refunded 51 127 Report of sales; when required 50 316 AUTOMOBILES— See Motor Vehicles; Taxes. AUTOPSY— Minor parents may authorize 50 27, 127 AVERAGE WEEKLY EARNINGS— See Workmen's Compensation. AVIATION— Air Research and Development Command employees to come under Department of 51 246 Department—Friendship Airport; rights as to 55 195 Department—Superseded Baltimore City Aviation Com- mission 53 252 Extension of existing contract without bids, for Com- mission 51 31 Helicopter service; requirements discussed 51 114 Interstate Commerce—Control over; airmail contracts 36 32 AVIATION COMMISSION— Airport Site—Approval of State Commission not re- quired 44 69 Appraiser may employ part-time assessor of City .... 45 202 Concessions and rentals; powers 47 25 Condemnation—May only condemn or acquire property authorized by ordinance 45 145 Donating money to volunteer fire companies . 47 174 24 OPINIONS OF THE CITY SOLICITOR

Volume Page AVIATION COMMISSION—Continued Harber Field—Use of 48 16 Municipal Airport—State Commission required to issue permit for new Airport of City 44 69 Proposed bill amending law relating to 40 95 Seniority among employees 47 54 Transfer of unexpended Airport Loan in 1945 Ordin- ance of Estimates 44 101 See also Airports; Friendship Airport; Harbor Field. AVIATION COMPANIES— Right of way to Airport—Proposed construction of ... 33 153

AVOSET STERILIZED CREAM— Not fresh milk product 47 26 AWARDS— Benefit payments in hands of court 38 77 See Bids; Board of Awards; Board of Estimates; Contracts.

B BAD CHECK— Paying taxes with, to secure auto tags 32 103 BAILIFFS— Bonus—When entitled to full amount 44 32 City required to pay compensation prescribed by Legis- lature 43 160 Retirement for service or incapacity 48 168 See also Retirement System. BALTIMORE AND OHIO RAILROAD COMPANY— Advertising tax exemption 51 243 Agreement with City to lower grade at Annapolis Avenue 45 261 Annapolis Road and Harmons' Bridge—Rights of Com- pany if streets are closed 35 27 Bridge—Obligation where road is widened 36 102 Bridge over Loney's Lane—Obligation to widen 32 79 Cherry Hill Road—Obligation of City to pave between tracks 41 55 Deed for right-of-way on Edmondson Avenue 43 93 Franchise for track on South Eutaw Street; renewal ordinance 41 183 Franchises—Summarized 55 98 Grade crossings—Obligation of company 36 113 OCTOBER 1, 1931—JUNE 30, 1963 25

Volume Page BALTIMORE AND OHIO RAILROAD COMPANY—Continued: Minor privilege charge—Refund 45 92, 93 Mt. Royal Station property—City's rights 53 63 Right-of-way—Width 41 89 Temporary permits for siding 34 132 Track—Franchises; summarized 55 98 Utility tax—Exemption 46 36 Vaults under sidewalk—Extension of permit for 39 153 BALTIMORE BASEBALL CLUB— See Baseball; Orioles. BALTIMORE CITY AVIATION COMMISSION— Superseded by Department of Aviation 53 252 BALTIMORE CITY CHARTER— See Charter and Public Local Laws. BALTIMORE CITY CODE— See City Code. BALTIMORE CITY HOSPITALS— See City Hospitals; Narcotics. BALTIMORE CONTRACTORS, INC. City's lease of office building from 47 288 Stadium—Bid on 47 1 BALTIMORE COUNTY— Bill for costs in case removed from City proper charge 41 168 Flooding streams—Responsibility for, discussed 55 120 Water revenues—Report of excess income 44 109 Water supply for "Towson Estates" 39 8 BALTIMORE COUNTY CODE (1955)— Section 419 referred to 50 347 Title 27 referred to 51 1 BALTIMORE COUNTY CODE (1958)— Section 23-18 54 150 BALTIMORE COUNTY WATER AND ELECTRIC COMPANY— Mortgage bonds-—City not liable to pay any fees to trustee of .. 32 119 BALTIMORE EMERGENCY RELIEF COMMISSION— Employees included in prior service provision in Retire- ment System 49 226 BALTIMORE GAS AND ELECTRIC COMPANY— Conduit charges applicable to 54 37 Removal charges for utilities 54 53 26 OPINIONS OF THE CITY SOLICITOR

Volume Page BALTIMORE HOUSING AUTHORITY— Payments in lieu of taxes 41 139 Plans—Authority of Commission on City Plan as to ... 38 36 Powers as to selecting housing sites 42 208 See also Housing; Negro Housing.

BALTIMORE MUSEUM OF ART— City not liable under Workmen's Compensation for in- juries to employees 35 36 May control and manage the Jacobs Wing built to house the works of art given by Mrs. Jacobs 37 56 See also Museum of Art; Retirement System.

BALTIMORE REDEVELOPMENT COMMISSION— See Redevelopment Commission. BALTIMORE SYMPHONY ORCHESTRA— Admissions subject to federal tax 39 23 Ordinance as to admissions not to apply to 47 63 Subject to admissions tax 39 113 BALTIMORE TRANSIT COMPANY— Bridge over Gwynns Falls—Agreement as cash payment in lieu of maintenance 42 106 Bus stops controlled by Traffic Department 50 291 Fees for busses; effect on revenues of City 36 60 Franchises—Discussions of 48 156 53 177 Franchise—Ordinance cannot fix railway fare; Public Service Commission has power to fix rates 37 109 Franchise—Power of City to require the rate of fare as condition of 36 109 Ordinance for tracks on Monument St. in New Annex— Provisions of 35 10 Paving obligations 43 200 Proposed Ordinance (No. 521), March 29, 1948) to forbid removal of poles, tracks, etc 46 90 Rerouting Lakeland Bus Line—No authority in City to control 43 220 Trackless trolleys—Paving obligations 43 200 Use of Conversion Fund for traffic signals, etc., not per- missible 46 303 BALTIMORE TRUST COMPANY— Failure—Indemnity bonds for taxes collected 38 87 BALTIMORE URBAN RENEWAL AND HOUSING AGENCY— See Urban Renewal. OCTOBER 1, 1931—JUNE 30, 1963 27

Volume Page BANK DEPOSITS— Tax on, held beyond City's powers 49 174 BANKRUPTCY— Certified check of contractor to be retained by City when contract is not completed 46 286 Interest on City's claim—computation 54 145 Priority of claims under 54 136 54 250 Right of set-off for taxes due 33 134 See also Taxes.

BANKS AND BANKING— Advertising taxes; national banks exempt 51 190 Cash collected in payment of taxes; agreement as to status of, in nature of trust 33 120 Collections of water rent by 34 77 Liability for check endorsed under power of attorney after death of payee 51 37,50 Municipal funds on deposit—Collateral 54 304 Security for deposits of public funds 32 29 Stop-payment order; practice of payroll bureau 39 76 BAR LIBRARY— Rental; appropriation for maintenance of 33 215 BARRIERS— Constructed across street—Fairview Avenue 49 53 Constructed across street—Poplin Avenue 49 52 Streets—Children's recreational use 49 92 BASEBALL— Power of Park Board to make contract for use of stadium 44 52 See also Orioles; Parks.

BATH STREET— Widening of—Expenses to be paid by Pennsylvania Rail- road Co 35 47 BATH STREET VIADUCT— Demolishing buildings in connection with—Contract for 33 19 Liability of Pennsylvania Railroad Co. for part of the cost 35 138 Taxes—To be paid on property acquired by City up to date of settlement 33 27 See Orleans Street Viaduct. BEAUTIFICATION OF PROPERTY— City does not have power to compel 37 7 28 OPINIONS OF THE CITY SOLICITOR

Volume Page BEAUTY CULTURE— Licenses—Teachers in public schools to secure 40 132 BEAUTY PARLORS— Proposed ordinance to regulate 37 4 BEAUTY SALON— See Zoning. BEER— Markets—May be sold in 33 133 Stadium—Charter amendment; effect on contract 52 233 Stadium—Ordinance cannot control sales 52 220 See also Alcoholic Beverages. BELAIR MARKET— Condemnation of certain stalls in connection with street opening and widening 34 89 See Markets. BELAIR ROAD— Relocating poles of United Railways 34 10 BELT LINE RAILROAD— Switch connections; charge 51 128 BELVEDERE AVENUE— Widening of; purchase of land for out of property account 35 55 BENCHES— Advertising on benches on streets—Application for per- mits for 46 143, 176 BENEFICIARY— See Taxation. BENEFIT ASSESSMENTS— Cannot be canceled; when may be settled for nominal sum 36 3 Lien on abutting property 36 94 Maryland General Hospital—Cannot be abated 39 55 Must be collected by City Collector even if improve- ments have not been made 33 201 On property adjacent to City—Conditions as to collec- tion; present law 35 100 Property may be acquired before benefit appeals dis- posed of 35 154 Provision as to collection of 35 100 OCTOBER 1, 1931—JUNE 30, 1963 29

Volume Page BENEFIT ASSESSMENTS—Continued: Refund not allowed 46 34 When to be paid in case of street openings 34 31 BENEFIT AWARDS— Unclaimed payments in hands of Court 38 77 BENEFITS— See Retirement System. BENHILL AVENUE— Laying of steam pipe line under 34 8

BERWYN AVENUE— Parking at intersection of 49 84

BIDDERS— See Bids.

BIDS— Advertising, as in Charter required 51 149 Alternative bids—Procedure 32 37 49 61 Aviation Commission not required to extend existing contract 51 31 Aviation Department—Powers as to 47 25 Award—Principles of, discussed 52 252 Award—To successful bidder creates contract 52 96 Certified checks required with 49 80 50 113 Certificate of meeting specifications, not required...... 51 26 City Hospitals air conditioning—Construed 48 79 Civic Center—Policy discussed 53 109 Coal—Increase in wage scale paid miners 49 85 Competitive, required for Friendship Airport 47 171 Competitive, required for sale of surplus materials. ... 51 136 Contractor out of state not barred from 50 136 Corporation and individual jointly; held irregular 33 179 Cost exceeding $2,000; procedure 51 40 Delivered merchandise does not meet specifications. ... 51 140, 244 Discounts—Board of Awards cannot consider as part of bid 35 129 Discounts—Held applicable to 49 280 Duplicate—May be destroyed 32 267 49 116 Duplicate copies—Failure to file may be waived by Board of Awards 39 85 30 OPINIONS OF THE CITY SOLICITOR

Volume Page BIDS—Continued: Emergency work; rentals permitted without bids 51 159 Error in submitting—Bid cancelled; recommendation. .50 173 Error in submitting—Contract prevails 49 206 Error in submitting—Procedure 50 308 Error in submitting—Request for cancellation denied ..51 69 Errors which may be corrected before or after award- ing contract 35 48 Failure to submit sample in accordance with specifica- tions 38 54 Fire Department—Hose—Requirements 49 27 Fire Department—Low bid on fire hose 49 44 Intent of specifications construed 49 246 Irrevocable—Deposit may not be returned 47 235 Loch Raven-Montebello Tunnel—Alternative bids not invited 36 12 "Lowest responsible bidder"—Contractor guilty of con- spiracy held not qualified 49 282 Non-responsive—Cannot be considered 35 158 Parking meters—Principles discussed 52 252 52 268 Power of Board of Estimates to reject 48 161 Procedure for, discussed 52 191 Rejected in face of manifest error 48 190 Requirements to obtain 47 25 Selling concessions in parks 45 186 Snow equipment and man power—Held subject to .... 53 121 Specifications—Board of Awards may waive technical defects in bids 40 81 Specifications—Must be followed in 51 140, 244 Specifications—Necessity to conform to 49 44 Specifications—Not net; all bids rejected 46 126 Stadium—Overtime work on 47 1 Supplemental contract—When necessary 47 139 Surplus materials; competitive bids required 51 136 Technical mistake does not invalidate 35 48 Time not essence of; lowest bid to be taken 48 79 Unbalanced—Irregularity waived 49 159 Unbalanced—Policy, procedure as to 45 68 Unbalanced—Specifications may provide for rejection of 32 179 Wage scale of bidder's employee—Effect of increase 49 85 Withdrawal of, not permitted 48 81, 84 See also Contracts. BILLBOARDS— Minor privilege charge; refund 51 189 OCTOBER 1, 1931—JUNE 30, 1963 31

Volume Page BILLBOARDS—Continued: Ordinance relating to not applicable to advertising on benches placed on sidewalks 46 176 Residential areas—Removal in 5 years 47 85, 154 51 146 Restriction to certain numbers illegal 47 122 See also Signs. BILLIARDS— Minors on premises—General discussion 54 92 BILTMORE HOTEL— Ordinance for steps; suggested form 45 117 BINGO— Non-profit groups may sponsor 47 157 Permits required 41 42 BIRTH CERTIFICATE— Correction in, procedure as to 40 97 Held within Records Management program 54 290 Name changed for second time 50 7 BLIGHTED AREAS— Bill as to, not recommended 49 71, 75 "Productivity" means productivity for property owner 45 127 BLIND— Deceased—Refund may be granted for 55 35 Equity Court not authorized to appoint Committee to manage property of blind patient in City Hospitals. .38 63 Ordinance to protect pedestrian blind at crossings; probably invalid 36 130 Refund ordered for tax payment by 53 231 53 235 Sewer service tax—Application to 52 23 Taxes—General discussion concerning exemption 54 6 Taxes—Pro-ration; when allowed for exemption 54 1 54 4 54 6 54 50 Taxes—Refund made; pro-ration 54 1 54 4 54 6 54 50 54 67 54 70 54 73 32 OPINIONS OF THE CITY SOLICITOR

Volume Page BLIND—Continued: Taxes—Tenants in common, refund made 54 70 54 73 Tax exemption—Enforced, with refund and abatement 50 263 Tax exemption—Statute applied 52 121 Tax exemption for 51 48 51 49 51 55 51 172 BLOOD DONORS— Jail—Prisoners permitted as; conditions 54 221

BLUE CROSS— Accidental injury hospital cost paid by—City not also to pay 53 237 Hospital bill for accidental disability—Payment 52 8 Hospital care for which patient is reimbursed 51 252, 268 BLUE LAW ORDINANCE— See Sunday. BOARD OF AWARDS Bids—Cannot consider discount feature as part of 35 129 Bids—How awarded 48 81, 84 Bids—Technical defects waived 40 81 Contract — Cannot award at average bid of several bidders 38 24 BOARD OF ESTIMATES— Abatement of taxes—No authority as to 42 80, 81 Alloted funds—Approval for expenditures 54 225 Areaways—Ordinance to authorize invalid 45 128 Assessments—Cannot abate 35 118 39 75 41 87 Assessments—Cannot abate on account of fire 40 70 Bids—Alternatives in handling of 48 81, 84 Bids—"Lowest responsible bidder" construed 49 282 Bids—Power to reject 48 161 Bids—Rejected in face of manifest error 48 190 Building—Cannot waive cost of demolition 40 83 Classification of City employees not to be done by 48 65 Classified service—Power to abolish position 52 88 Consultants may be hired by 51 216 Contingent Fund—Discussed 32 139 Contingent ~ Fund—Power to expend for conventions, etc., after approval of application by Mayor 37 72 OCTOBER 1, 1931—JUNE 30, 1963 33

Volume Page BOARD OF ESTIMATES—Continued: Contracts over $5,000—Approval required 47 25 Delegation of legislative power to 53 52 Dogs—Power as to S.P.C.A. contract 47 107 Employee continuing after age 70 51 260 Employees over 70—Not to provide for 48 70 Fire Department—No power to overrule Fire Board as to pensions 37 23 House numbers—Painting on curbs 46 174 Leaves of absence without pay—Regulation 52 107 License commissioners — No control as to personnel or expenditure 34 95 Loan funds included in Ordinance of Estimates 52 158 Members necessary for approval of contracts—Ruling. 49 133 Minor privileges—Columns or piers 36 2 Minor privileges—Graduated rates held unwise 49 214 Minor privileges—Not granted if prohibited by law. ... 44 66 Minor privileges—Revocation 49 143 Minor privileges—Sidewalks for display of automobiles 41 25 Negro housing—Report as to situation 42 219, 220 Ordinance of Estimates—May not be recalled from or returned by the Council 38 25 Ordinance of Estimates—Power to recall 52 145 Ordinance of Estimates—See also under that heading. Patented articles—Purchase where in excess of $500 35 69 Pensions—Board has no power to pension employees of City 37 78 Port development—Duty and responsibility as to 49 236 Private claims—Approval of 47 246 Promotional campaign—Funds for, discussed 51 113 Purchases—Without advertising 34 144, 146 Redevelopment—Approval of plans for 48 94 Refunds for building permits 32 235 Refunds—Not to make 42 69 51 90 Refunds—Taxes; approval by 49 149 Refunds—Taxes; property which would have been ex- empt had claim been made 50 223 Reversions—Estimates; use for new budget 54 202 Salaries—May increase if funds are available 46 130 Salaries—Ordinance to restrict power to fix is invalid. . 38 33 Steps on Alley—Revocation of permit; court proceed- ings for removal 38 107 Streets—May not authorize private building in 47 209 34 OPINIONS OF THE CITY SOLICITOR

Volume Page BOARD OF ESTIMATES—Continued: Taxes—No power to abate 41 24 Taxes—No power to review assessments or to refund taxes 39 136 Tax refunds—Application to Appeal Tax Court 37 32 Vice-President of City Council may act as member. .54 217 Water meters—Power to order installed 36 74 See also Bids; Contracts. BOARD OF FIRE COMMISSIONERS— See Fire Commissioners; Firemen.

BOARD OF MUNICIPAL AND ZONING APPEALS— See Appeals; Municipal and Zoning Appeals. BOARD OF POLICE EXAMINERS— See Police Examiners. BOARD OF PUBLIC IMPROVEMENTS— Duties, etc 32 215 BOARD OF SCHOOL COMMISSIONERS— See Schools; School Board.

BOARD OF TRUSTEES OF EMPLOYEES' RETIREMENT SYSTEM— See Retirement System. BOARD OF ZONING APPEALS— See Zoning. BOARDS— Boat Club—Lease of City property to 35 121 Power to review decisions of predecessors 43 132, 133

BODIES— See Anatomy Board. BOILERS— Certificate fees to be paid by City 39 45 Held within jurisdiction of State Board of Examining Engineers 49 135 BOOKS— Library authorized to sell 54 58 BONDS (CITY)— Conversion and reconversion privileges in issue of. ... 53 16 Discretion of Commissioners of Finance in issue of. ... 53 16 OCTOBER 1, 1931—JUNE 30, 1963 35

Volume Page BONDS (CITY)—Continued: Economic development — Exempt from Federal income tax 55 136 Economic development—Power to issue for 55 136 Interest—Exempt from Federal income tax 55 136 Monies from—Restricted to specific use 55 7 Referendum required for 55 136 Sale in advance of need; discretion of Finance Com- missioners 43 216 Sale in coupon or fully registered form. . . 53 16 Use of loan funds from, construed 53 167 See also City Stock; Loans; Taxation. BONDS (SURETY)— Auctioneers—Licensing ordinance did not affect 52 29 Charles Center — Assistants to general manager are covered 52 76 City Collector and his employees 43 36 City Collector—When not liable for failure to collect taxes 45 10 Commissioners for Opening Streets—Should be renewed until new Charter becomes effective 45 197 Contractor — Meaning of clause as to payment for labor, material, etc 32 263 Contracts—Immediate deliveries; unnecessary 48 107 Contracts—Liability not increased by requiring separate bonds for performance and for labor and material.... 3 7 63 Contracts—Single or co-surety bonds 36 30 Cuts in pavement — To repeal provisions for bonds to make 35 71 Employees—Not required to give. 44 78 Employees—Should afford more adequate protection in case of defalcations or collections not accounted for. .45 103 Fuel Dealer—Ordinance requiring 45 157 Jail Warden 45 244 Liability of surety for claims when it assumes contract 35 1 Liability of surety for default of contractor in perform- ing contract 34 140 Marsh Market not covered under 53 74 May be required for contract to purchase scrap metal at incinerator 35 191 Painting contractor — Bond preferable to liability in- surance 45 141 Plumbers — Health Commissioner may use facsimile signature for signing 34 133 36 OPINIONS OF THE CITY SOLICITOR

Volume Page BONDS (SURETY)—Continued: Plumbers — Highways Engineer must sign; facsimile signature 36 63 Refund not required after 10 years 53 221 Tax funds—Failure of Baltimore Trust Company.... 38 87 BOSTON STREET— Canton Railroad Company tracks on 40 54 Master Plan of Highways by Commission on City Plan; bridge and railroad 40 54 BOTTLES— Pending ordinance as to throwing on streets 45 1 BOW WINDOWS— See Minor Privileges. BOWLING ALLEYS— Minors on premises—General discussion 54 92 Permit fees 49 273 BOX 414 ASSOCIATION— Liability of City for 48 103 BREACH OF DUTY— Airport—City not exempt from liability 47 16 BRIDGES— Colgate Creek—Riparian rights acquired by purchase of bridge 35 132 Conditions for granting permit for beyond City limits 44 111 Ellamont Street Bridge — Obligations of Pennsylvania Railroad Company 33 131 Lighting—City must provide for 36 88 Loney's Lane 32 58,79 Obligation of railroad where road is widened 36 102 Pennsylvania Railroad tracks at Maryland Ave. — Railroad to repair water drains 32 252 Signs for low clearance—City's liability 48 105 Twenty-ninth Street—Ordinance as to cost of 40 17 See also Claims. BRIDGE VIEW ISLAND— Information as to . . 34 62 BRIDGEWAY— Sinclair Lane—Franchise not exercised in six months void; franchise charge due for six months.. 43 121 See also Franchises. OCTOBER 1, 1931—JUNE 30, 1963 37

Volume Page BROADCASTING— See Park Board. BROADWAY MARKET HALL— See Markets.

BROADWAY REDEVELOPMENT AREA— Conduit under closed street—City's responsibility to re- locate 50 255 BROENING PARK BOOSTER PUMPING STATION— See Water.

BROKERS— Appeal Tax Court may compel to submit information relative to customers' holdings 34 130 BROOKLYN— Information about certain land on southeast side of Patapsco River 34 62 BROOKLYN RECREATION CENTER— Payments for, retained by City, used to pay sub-con- tractor 47 274 BUDGET— Budget Amendment—Effect of motor vehicle fees 36 49 See Ordinance of Estimates. BUILDING AND LOAN ASSOCIATIONS— Taxation—Powers of City as to 52 14

BUILDING CODE— Annual inspection fees—Overpayments; how handled. . 54 233 Architect—Proposed ordinance requiring plans to be ap- proved by invalid 35 208, 209 Blighted area bill—Duplication 49 71 Bowling alleys—Permit Fees (Paragraphs 1220, 1772, 4100) 49 273 Building Engineer—General powers (Pars. 1220-1221) 46 93,302 Chimneys—Built-in height, etc. (Par. 7843) 46 102 Circuses and carnivals include children's amusement de- vices (Par. 2910) 48 210 Circuses and carnivals—Non-resident—Requirements (Par. 2911)- 48 201 Condemnation of electrical work (Par. 1857) 46 124 Dangerous buildings—Tearing down (Sec. 187) 41 74 Demolition of unsafe building—Procedure 54 189 Electrical requirements (Par. 8009) 46 124 38 OPINIONS OF THE CITY SOLICITOR Volume Page BUILDING CODE—Continued: Electrical wiring—Procedure as to portable extension cords 46 123 Elevators—Inspection fee overpaid 54 233 Enforcement of—Duty of Buildings Engineer 41 118 Excavation on two to one slope—Powers 50 60 Fees—Collection; discussed 55 55 Fence—Authorized by Board of Municipal and Zoning Appeals 50 28 Fence—Bordering street 47 67 Fence—Maximum height of 3lA feet 53 34 Fruit—Stand beyond building line—Permit necessary for 43 47 Fuel oil storage tank—Waiving of provision as to erec- tion of 46 93 Garage Doors—Npt to extend over sidewalk more than two feet 41 31 Garage extended into street 49 55 Garages—Seamen's Bethel is not church within mean- ing of Code 36 29 Gas appliances 47 149 General purpose of 48 120 General service charges 45 5 Heating systems, dwellings 46 210 Heating system—Term construed 51 18 Illuminated signs 48 98 Industrial building requirements 48 18 Inspections—May be combined 52 240 Insurance requirements for circuses, carnivals 48 201 Lands, buildings owned by State not subject to 49 37 52 11 Maryland Port Authority subject to 52 11 Multiple dwellings ordinance—Cooperative apartments included 54 237 Multiple dwellings—See also under that heading. Notices for condemnation; violation 42 184 Party walls—Duty to maintain 52 133 Party walls—Provisions as to 43 45 Permit fees—Not refundable 45 4 Permits—Contractor for State building 46 59 Prosecution for, yiolations must be commenced within a year 46 56 Public assembly buildings—Regulations as to 45 79 Refund of 70% of permit fee 52 40 Registered professional engineer required 48 120 Remedial; to be construed liberally 50 249 Salamanders; use for drying is violation of Fire Code.. 48 18 OCTOBER 1, 1931—JUNE 30, 1963 39

Volume Page BUILDING CODE—Continued: Schools—Applicability to 52 10 Sidewalks—Garage door not to extend more than 2 feet 41 31 Sign Ordinance not required for former location.... 50 163 Stairways to be made safe 49 249 State—Buildings not subject to 49 37 52 11 State—Permit for construction of building 46 59 Tanks; outside exposed (Par. 9721) 46 93 Television Antennae—Permits for installation 46 13 Trees and Shrubbery—Removal (Par. 2996) 48 200 Violation by building contractor; penalty; prosecution. .44 127 Waiver of, not in power of Building Engineer 50 249 Windows in party line wall—Waiver not approved. ... 50 249 Zoning ordinance cannot be consolidated with 39 131 BUILDING CONSTRUCTION, BUREAU OF— School work—Supervision of 49 290 BUILDING CONSTRUCTION ENGINEER— Duties as to construction work 54 14 BUILDING CONTRACTORS— Proposed ordinance to license 46 68 BUILDING INSPECTION— Combined with urban renewal inspections 52 240 Search warrants for—Discussion 55 154 Zoning appeals initiated by Bureau of 51 202 BUILDING INSPECTION ENGINEER— Structure over storm water drain—Ruling as to 49 138 BUILDING PERMITS— Convalescent homes—General discussion 54 101 Federal and State authorities need not apply for 33 162 Federal Works Agency exempt from paying when build- ing and ground are owned by U. S 42 96 Friendship Airport Property—Necessity for 55 195 Issue, for property contemplated by Redevelopment Commission 47 69 Nursing homes; general discussion 54 101 Permit—Does not expire within year if work is ac- tually done 36 78 Refunds—May be made by Board of Estimates 32 235 Refunds—Not authorized; possible exceptions 36 112 Stream areas—Refusal permitted 54 169 Time limit—Litigation extends 32 251 See also Buildings; Permits. 40 OPINIONS OF THE CITY SOLICITOR

Volume Page BUILDING REPAIRS— Use of loan funds for 44 15

BUILDINGS— Airport—Permit not required 39 192 Air raid shelter—Liability of owner in case of injury. .41 118 Areaway—Ordinance ruled not valid 45 128 Automobile repair shop—Ordinance for is valid 38 82 Condemnation—Cost of razing; transfer of property. ... 35 23 Dangerous—Obligations and duty of police after post- ing; jurisdiction of magistrates 42 94 Dangerous—When cost of tearing down will be lien against property 41 74 Demolition—Board of Estimates cannot waive cost of. . 40 83 Demolition—Procedures, cost 54 189 Demolition—Proposed street, bed of 33 19 Demolition—Two or more dwelling units 48 182 Disapproval of plat for structure on unsatisfactory sub- division 47 211 Filling station—Permit cannot be extended beyond ex- piration date 45 88 Filling station—Permit for 3920 Potee Street held to be valid 45 297 Fire prevention provisions 45 120 Frame—When ordinance necessary 40 33 Gas burners—Permit fees 45 249 House numbers—Authority of Bureau of Surveys as to. . 45 276 Loans for .'..'...... 44 12 Motion picture theatre—Certificate of occupancy when previously used as such and right to use not aban- doned 44 120 Moving—Taxes due must be paid before permit can be issued , 41 98 Not to be erected in public streets 47 209 Ordinance to extend time for exercise of permit for exhibition of motion pictures 38 12 Party wall—City not liable for, to adjacent owner in condemning and razing buildings 34 22 41 Party wall—Liability for damages to in razing adjoin- ing building 38 22 Party wall—Obligation where adjoining owner razes building . . 35 43 Party wall—Requirement when unsafe....:. 43 45 Permit Fees—For gas burners; interpretation of Ch. 17 of Building Code (Pars. 1700 and 1702) 45 249 OCTOBER 1, 1931—JUNE 30, 1963 41

Volume Page BUILDINGS—Continued: Permits Controversial questions and complaints do not affect authority of Building Inspection Engineer 45 286 Permits—Engineers required for 48 120 Permits—Fees not refundable 45 4 Permits—Filling station cannot be extended beyond ex- piration date 45 88 Permits—Limitation as to exercise, prior to Zoning Ordinance 35 133 Permits—Must be issued if Building Code provisions are complied with 45 286 Permits—Not required to refuse because disapproved by Planning Commission 45 297 Permits—Partial; effect 38 39 Permits—Proposed highway in absence of detailed plan 44 64 Permits—Razing; issue with taxes due 34 80 Permits—Required to issue for screening cinders 45 157 Permits—Should be granted when site is in proposed street, in absence of detailed plan 45 231 Permits—Tearing down 39 149 Permits—Use of adjoining or party walls 40 15 Permits—When become null and void 44 114 Plans—Ordinance to require approval by architect, invalid 35 208,209 Public assembly—Fire precaution regulations, exits, etc. 45 79 Razing after condemnation; cost of; transfer of property 35 23 Razing—Competitive bidding inappropriate when re- quired for safety 35 137 Razing dangerous—Procedure as to 35 7 Razing—Proper notice to be given for 38 56 Sabotage—City not liable for damages by 41 118 Show window—Application for 38 93 Signs on—Where may be constructed 48 98 State building—Permit fee for 39 217 State Tobacco Warehouse—Buildings Engineer cannot condemn 32 181 Unsafe—Notice as to repair 39 205 Unsafe—Notice for razing 38 70 Unsafe—Power to order razing of 38 22 Unsafe—Repairs in violation of Zoning Ordinance.... 46 2 Unsafe—Wall; notice to repair 39 214 Vibrations—Caused by laundry—Not public nuisance; rights of property owners 41 57 Violation of provisions of Building Code 44 127 Width of dwellings—Regulation of, held valid 48 214 42 OPINIONS OF THE CITY SOLICITOR

Volume Page BUILDINGS—Continued: Windows—May be cut in side overlooking adjoining property 38 72, 73 See also Commission on City Plan; Building Code; Permits. BULKHEADS Permit for, in Clinton Street 33 163 See also Minor Privileges. BULL FIGHTS— Statutes applicable to 51 111 BUREAU OP ASSESSMENT— Ordinance to create held to be valid 33 267 BUREAU OF BUILDING CONSTRUCTION— Duties as to construction work 54 14 BUREAU OF CONTROL AND ACCOUNTS— Mayor may organize by making appointments outside of City service list of eligibles 33 277 Powers of Mayor and City Service Commission as to appointment of employees 32 202 BUREAU OF HARBORS— Functions transferred to another bureau 52 92 BUREAU OF INVESTIGATION— See Central Bureau of Investigation. BUREAU OF PLANS AND SURVEYS— To number houses 32 158 BUREAU OF PURCHASES— Foodstuffs—Purchase of 46 146 BUREAUS— Budgeting transfers between, not permitted 52 180 BUS LINES— See Baltimore Transit Company. BUS STAND— Not to be established by ordinance but by Police Com- missioner ...:'.. 40 136 BUSSES Conversion of street car lines—Powers of City 53 177 BUS STOPS— Approval .by Traffic Commission 48 73 Traffic Department to control , 50 291 OCTOBER 1, 1931—JUNE 30, 1963 43

Volume Page BUS STOPS—Continued: Transit Company not compelled to maintain 52 289 See also Traffic Regulations.

BUTTER— One-pound packaging requirement construed 51 162

C CAHILL CENTER— See Parks.

CANTON RAILROAD— Ordinance for tracks on Boston Street 40 54 CANTON RECREATION CENTER— Payments for, retained by City, used to pay sub-con- tractor 47 274 CARDIFF AVENUE— West of Clinton Street not public highway 37 107

"CARE HOME"— Similar to hospital; ordinance required 50 228

CARLIN'S PARK— See Licenses.

CARNIVALS— Children's rides included under 48 210 Non-resident—Requirements as to 48 201 Permits—Reasons for denial 51 131

CAROLINE STREET— Switch into No. 711-715—Minor privilege 41 177, 178

CELLAR DOOR— Removal at expense of owner 39 174 CEMETERIES— Addition to; ordinance not required for church ...... 36 17 Condemnation for street purposes; limitations 41 210 Dead bodies—Removal from; conditions 35 68 Ordinance necessary for, and for additions 45 17 Paving assessments—Not exempt , 42 269 St. Stanislaus—No power to open street through 42 11 Taxable, after rezoning 51 51 Zoning ordinance; application to 36 17 CENTRAL BUREAU OF INVESTIGATION— Creation by ordinance held to be valid 42 44 44 OPINIONS OF THE CITY SOLICITOR

Volume Page CENTRAL PARKING COMPANY— Terms of agreement with 47 74 CENTRAL PAYROLL BUREAU— Payment of accrued salary due deceased employee .... 36 143 Welfare funds; disbursement of 47 290 CERTIFIED CHECK— See Contracts. CERTIFIED MAIL— Licenses for medical service 51 4 CHANGE OF NAME— Legal proceedings not required; suggested procedure of 41 44 CHARGES— See Minor Privileges. CHARITABLE INSTITUTION— Tax exemption for, based on date of finality 49 201 CHARITY SOLICITATIONS COMMISSION— Goucher College Council—License not required 40 206 Licenses—Fees payable to Bureau of Receipts 40 184 CHARLES CENTER— Surety bond covers assistants to general manager .... 53 76 CHARLES STREET— Signs—Restrictions as to on certain parts of 36 1 CHARTER AMENDMENTS— Effective 30 days after adoption 51 130 Manner of submitting 47 168 CHARTER AND PUBLIC LOCAL LAWS (1898 EDITION)— Sections Construed or Cited— Sees. 8-12 47 32,60 Sec. 31 54 296 Sec. 37 47 32,60 CHARTER AND PUBLIC LOCAL LAWS (1915 EDITION)— Sections construed or cited— Sec. 6(26m) 54 37 Sec. 16 52 220 Sec. 215 43 18 CHARTER AND PUBLIC LOCAL LAWS (1927 EDITION)— Sections Construed or Cited— Sec. 1 35 108, 109 36 105 OCTOBER 1, 1931—JUNE 30, 1963 45

Volume Page CHARTER AND PUBLIC LOCAL LAWS (1927 EDITION)—Continued: Sec. 2 35 108, 109, 115 Sec. 6 33 284 Sec. 6 (4) 34 55,113 35 55 Sec. 6 (5) 33 62 37 24 Sec. 6 (8) 36 93 Sec. 6 (12) 33 15 Sec. 6(14) 34 44 37 7, 13, 16 Sec. 6 (14a) 33 240 Sec. 6 (15) 32 257 35 166 Sec. 6 (15B) 32 202 37 29 Sec. 6 (15C) 35 184 Sec. 6 (16) 32 239 34 72 Sec. 6 (26) 32 40,45,56 Sec. 6 (26) (c) and (e) 32 47,56 Sec. 6 (26A) 35 21, 100 Sec. 6 (26G) 34 26 35 21 Sec. 6 (26J) 35 22 36 41 Sec. 6 (26M) 33 64 Sec. 6 (27) 33 305 Sec. 6 (28) 36 105 Sec. 6 (28B) 32 51,52 Sec. 6 (28C) 35 184 Sec. 6 (28D) 36 101 Sec. 6 (28) (D) 34 77 Sec. 6 (30) 32 91 Sec. 6 (30) (D) 34 56 Sec. 6 (30) (G) 34 55 Sec. 6 (33) 32 51,52 Sec. 7 . 32 182 35 194 Sec. 8 32 233 35 194 36 2,36 Sec. 9 • 32 126 Sees. 9A and 10 35 . 163 46 OPINIONS OF THE CITY SOLICITOR

Volume Page CHARTER AND PUBLIC LOCAL LAWS (192 7 EDITION) —Continued: Sees. 10 and 12 32 147 Sec. 13 35 39, 121 36 104 Sec. 14 32 169 34 144, 146 35 7, 16,70, 137 36 43 37 11 Sees. 14 and 15 33 207 32 169,248 Sec. 15 33 127 35 70, 129, 137 36 13,43 37 11 Sec. 18 35 22 Sec. 20A 32 12 Sec. 26 34 79 Sec. 28 35 179 Sec. 31 32 117 33 83 37 29 Sec. 31A 32 206 Sees. 32 and 34 35 3 Sec. 34A 35 55 Sec. 36 32 164 33 60, 74, 87 Sec. 36C 32 11 37 12 Sec. 37 32 62, 126,232 35 58, 194 36 2,36 Sec. 38 32 139 Sec. 40 34 77 37 36 Sec. 41 32 164 33 59, 74, 96 Sees. 42-58B 35 79 Sec. 43 32 8,143,211 36 99 Sec. 43A 32 211 Sec. 48 36 83 Sec. 49 36 99 Sec. 51 32 8 OCTOBER 1, 1931—JUNE 30, 1963 47

Volume Page CHARTER AND PUBLIC LOCAL LAWS (1927 EDITION)—Continued: Sec. 51A 33 32 Sec. 58A 33 32 Sec. 59 32 2 Sec. 63 32 12 35 77 Sec. 70 32 15,209 35 75,86 37 24,26 Sec. 77 33 272 Sees. 84 and 85 32 215 33 136 Sec. 85 33 26 Sec. 85A 32 150, 187 33 213,217 34 111 36 74 Sees. 85A and 86 33 26 Sec. 87A 36 74 Sec. 90 34 71,73 Sec. 91 34 30,71,73 Sec. 93 32 238 Sec. 97 35 14 Sec. 99 33 83 Sees. 99 and 100 36 128 Sees. 99-101 33 68 Sec. 100 37 34 Sees. 118 and 120 32 198 Sec. 121 36 43 Sec. 146, et seq 33 267 Sees. 161-165 33 15 Sec. 164A 33 234 34 130 35 118,185 Sec. 172 35 55 Sec. 175 33 204 35 101 Sees. 175B and 177A 33 204 Sec. 175B 35 155 36 81 Sec. 176 33 19,24 36 106 Sec. 177 34 169, 182 Sec. 177A 33 204 48 OPINIONS OF THE CITY SOLICITOR

Volume Page CHARTER AND PUBLIC LOCAL LAWS (1927 EDITION)—Continued: Sees. 177A, 181, 185 and 185A 34 31,139 Sees. 180, 181 and 182 33 201 Sec. 181 35 100 Sec. 182 35 100, 101 Sec. 185 33 204 Sec. 186 36 81 Sec. 189 33 19 Sec. 195B 34 147 35 69 37 12 Sec. 196 32 267 Sec. 200A 32 215 33 136 Sees. 202 and 203 34 83 Sees. 203A and 203K 32 153 Sees. 2O3A-2O3Q 32 203 35 53,54,179 38 2 Sec. 203-1 35 9 Sec. 203J 33 256 Sec. 203L 37 39 Sec. 210 33 214 Sec. 213 33 214 Sec. 217 34 79 Sees. 222A and 222B 35 15 Sec. 222B 32 8 Sees. 236-278 33 243 Sec. 353 35 177 Sec. 438 32 132 Sec. 445 37 24 Sec. 448A 35 124 Sees. 486-491 33 181 Sees. 493H-493L 32 65 Sec. 516 32 169, 240, 247 Sees. 516-516B 34 58 Sec. 623A 50 234 Sec. 732B 32 233 Sees. 797 and 799 . 32 230 Sec. 826A 36 93 Sec. 828 32 225 Sees. 829A-829D 35 156 Sec. 841FF 32 46, 56 Sees. 841FF-841JJ 36 • 90 Sec. 841JJ : 32 46 OCTOBER 1, 1931—JUNE 30, 1963 49

CHARTER AND PUBLIC LOCAL LAWS Volume Page (1927 EDITION)—Continued: Sees. 841U-841DD 33 212,217 Sec. 843 33 27,48,54 Sec. 869 34 38 CHARTER AND PUBLIC LOCAL LAWS (1938 EDITION)— Sections Construed or Cited— Sees. 1-304 43 21 Sec. 2 43 6 Sec. 6 39 131 Sec. 6(1) 39 192 39 217 Sec. 6(4) 41 49 42 89 43 180 Sec. 6 (4A) 42 83 Sec. 6 (5) 41 238 Sec. 6(8) 37 80 41 14, 186 44 112 Sec. 6 (11) 37 93 39 64 41 6 Sec. 6 (13) 43 194 Sec. 6 (13A) 45 127 Sec. 6 (14) 38 99 39 184 41 258 42 234 43 51 Sec. 6 (15AA) 39 57, 62, 83, 157 40 200 41 43 Sec. 6 (15B) 42 49 47 123 Sec. 6 (18) 41 53,238 43 22 Sec. 6 (18) (31) 45 1,2 Sec. 6 (20A) 44 25, 42 Sec. 6 (21) 44 132 Sec. 6 (23) 42 126 Sec. 6 (25B) 45 74 Sec. 6 (26) 41 53 43 22 Sec. 6 (26A, F, G and J) 40 76 50 OPINIONS OF THE CITY SOLICITOR Volume Page CHARTER AND PUBLIC LOCAL LAWS (1938 EDITION)—Continued: Sec. 6 (26b) 41 167 Sec. 6 (26C1) 45 131 Sec. 6 (26F) 40 154 Sec. 6 (26G) 40 38,56 Sec. 6 (26Q) 40 159 Sec. 6 (27) 45 177 Sec. 6 (28) (f) 38 48 Sec. 6 (29) 41 258 Sec. 6 (30) 40 181,208 43 180 Sec. 6 (31) 40 177 41 53 43 22 45 1,2 Sec. 6 (32) 42 166 Sec. 6A 42 139 Sec. 6B 45 135 Sec. 7 40 73 41 14 43 7,44,178 Sec. 8 41 14 Sees. 8, 9, 9A 43 43 Sees. 8-12 43 203 Sec. 9B 43 202 Sec. 13 38 83 39 106 39 181 Sec. 14 42 196 41 190 Sees. 14 and 15 39 109 40 135 43 90 45 203 Sec. 15 45 159 Sec. 15AA 39 57 40 25 Sees. 2OA-2OC 45 83 Sec. 23 38 17 38 88 Sec. 25 39 225 41 157 43 73 43 127 Sec. 26 38 115 OCTOBER 1, 1931—JUNE 30, 1963 51

CHARTER AND PUBLIC LOCAL LAWS (1938 EDITION)—Continued: 39 50 39 100 45 194 45 270 45 293 Sec. 28 37 39 38 29 39 14 39 50 40 58 41 161 42 54 Sec. 31 38 118 39 14 39 210 40 168 41 80 44 78 Sec. 32 42 50 Sec. 33 38 33 Sec. 36 39 139 42 25 42 261 48 166 Sec. 37 39 21 Sec. 38 42 171 Sec. 39 42 74 Sec. 41 38 25 39 167 41 163 43 184 43 239 44 31 45 143 Sec. 42 38 33 39 166 Sec. 45 41 219 Sec. 47 38 121 39 198 40 76 41 25,31 41 132 41 246 41 132 41 246 52 OPINIONS OF THE CITY SOLICITOR

CHARTER AND PUBLIC LOCAL LAWS Volume Page (1938 EDITION)—Continued: 41 247 43 43,48 43 122 43 203 45 117 45 119 45 129 45 179 Sees. 47-48 41 14 Sec. 48 43 156 Sec. 49 37 73 42 256 Sec. 51 41 23 44 31 Sec. 52 48 166 43 67 43 168 Sec. 55 45 173 Sees. 59A, 60A 42 1 Sec. 62 39 99 49 5 Sec. 64 42 1 Sec. 70 42 38 Sec. 89 39 54 44 67 Sec. 89A 45 182 Sec. 90 43 80,82 43 133 44 81,82 44 134 Sec. 95 37 93 Sec. 105 39 62 39 166 40 158 42 248 Sec. 105 (3) 43 176 43 187 Sec. 106 , 45 276 Sees. 113, 114 40 158 Sec. 116 54 14 Sec. 118 39 73 41 72 44 73 Sees. 118-120 43 235 OCTOBER 1, 1931—JUNE 30, 1963 53

Volume Page CHARTER AND PUBLIC LOCAL LAWS (1938 EDITION) —Continued: Sec. 128 38 50 54 14 Sees. 129, 130 41 160 45 263 Sec. 150A 39 14 40 135 42 166 44 68 45 135 Sec. 167 39 166 41 135 Sec. 168 42 7 Sees. 168, 170 40 117 Sec. 170 42 8,62 Sec. 171 38 130 Sec. 173 42 6,8 42 62 Sees. 173, 174 40 117 Sec. 178 42 63 Sec. 179 45 244 Sec. 190 41 236 Sec. 192 43 49 Sec. 195 38 130 Sec. 197 43 124 Sec. 222 40 105 Sec. 223 38 95 40 70 40 125 41 205 43 106 45 216 Sec. 224 39 59 Sees. 235, 239, 243, 244 40 198 Sec. 254 39 166 45 203 Sees. 254, 259 39 225 Sec. 264 45 236 Sec. 264A 39 80 39 152 39 169 40 54 40 199 42 264 54 OPINIONS OF THE CITY SOLICITOR

Volume Page CHARTER AND PUBLIC LOCAL LAWS (1938 EDITION)—Continued: Sec. 264B 39 186 43 145 Sec. 264C 40 86 43 193 Sec. 264E 40 87 Sec. 264F 40 109 Sec. 264G 39 220 40 31 Sees. 268-284 39 32,50 41 159 41 218 42 53 43 54 47 78 Sec. 270 38 35 39 34 39 210 40 40 41 76,80 44 22 47 54 Sees. 270-279 38 29 40 58 Sec. 271 38 50 39 162 39 226 42 14,66 45 263 Sec. 276 41 77,80 41 151 42 111 44 23 45 107 Sec. 277 39 162 45 227 Sec. 279 ' 38 66 39 162 41 68,79 42 13 47 54 Sec. 292 42 65 Sec. 296 43 18 Sec. 297 49 30 OCTOBER 1, 1931—JUNE 30, 1963 55 Volume Page CHARTER AND PUBLIC LOCAL LAWS (1938 EDITION)—Continued: Sec. 298 39 219 Sec. 299 43 15, 17 54 217 Sec. 303 38 88 39 132 39 219 Sec. 304 43 17 54 217 Sec. 374 40 136 Sec. 379 40 136 Sec. 397 44 18 Sec. 427 45 227 Sees. 456, 457 . 45 87 Sec. 488 43 161 Sec. 490 44 42 Sees. 516, 520 38 122 38 134 Sec. 517 49 135 Sec. 533 43 103 Sees. 533, 534 44 86 Sees. 539, 542 39 110 Sec. 558 41 14 Sec. 671 39 46 Sec. 722 44 95 Sec. 736 44 95 Sec. 743 40 162 Sec. 744 40 161 Sec. 768 49 30 Sees. 861-864, 866, 867 46 276 Sec. 865 45 209 Sec. 873 39 140 42 236 45 79 Sec. 875 41 104 46 35 Sec. 876 46 201 Sec. 889 45 257 Sec. 899 46 36 Sec. 908 42 236 Sec. 909 41 117 46 250 Sees. 929-934 40 149 Sees. 937-960 40 162 Sec. 941 42 236 56 OPINIONS OF THE CITY SOLICITOR

Volume Page CHARTER AND PUBLIC LOCAL LAWS (1938 EDITION)—Continued: Sec. 942 39 150 45 114 Sees. 972, 973 46 173 Sec. 1038 42 156 Sec. 1046 45 206 Sec. 1062 41 40 Sec. 1074 46 278 Sec. 1109 , 46 206 Sees. 1109, 1110, 1112 44 117,118 Sees. 1109-1113 38 18 Sees. 1110, 1112 45 193 Sec. 1124 41 23 43 191 CHARTER AND PUBLIC LOCAL LAWS (1949 EDITION)— Sections construed or cited— Sees. 1, 3 50 322 Sec. 2 52 92 54 186 54 296 Sec. 2 (g) 49 105 Sec. 3 46 276 48 88 50 322 52 250 Sec. 6 50 243 55 43 55 79 55 120 Sec. 6 (1) 54 116 54 169 Sec. 6 (2) 47 136 50 347 51 1 52 128 54 8 55 1 Sec. 6 (7) 49 54 Sec. 6 (10) 53 185 Sec. 6 (11) 47 42 51 111 Sees. 6 (11), (12) 52 212 55 182 Sec. 6 (12) 48 88 OCTOBER 1, 1931—JUNE 30, 1963 57

CHARTER AND PUBLIC LOCAL LAWS Volume Page (1949 EDITION)—Continued: Sec. 6 (13) 50 347 51 1 54 221 Sec. 6(14) 52 43 52 152 54 169 Sec. 6 (14A) 46 307 47 221 48 94 49 220 50 88 50 202 54 235 55 1 Sec. 6 (15) 54 296 Sec. 6 (16) 52 14 53 82 Sec. 6 (17) 47 4 Sec. 6 (18) 50 155 Sec. 6 (18A) 46 77 50 146 53 105 53 165 Sec. 6 (19) 46 251 46 276 50 146 52 220 Sec. 6 (22) 52 207 52 265 53 52 Sec. 6• (23) 46 225 46 251 46 281 47 115 Sec. 6 (24) 47 240 48 12 49 257 52 125 52 174 ... 53 8 53 63 53 82 53 111 54 116 58 OPINIONS OF THE CITY SOLICITOR

Volume Page CHARTER AND PUBLIC LOCAL LAWS (1949 EDITION) —Continued: 54 150 54 169 Sec. 6 (24A) 48 153 49 95 49 208 Sec. 6 (25) 46 294 46 307 Sec. 6 (26) 54 14 54 273 Sec. 6 (27) 46 258 52 43 53 185 53 243 55 43 55 79 55 120 Sec. 6 (27A) 53 243 54 169 55 79 Sec. 6 (28) 46 277 53 16 53 209 Sec. 6 (28C) 46 111 Sec. 6 (29) 47 115 48 12 48 92 49 52,53 49 163 49 165 49 192 50 . 243 51 78 53 152 54 37 55 62 Sec. 6 (29a) 46 111 Sec. 6 (29j) 46 31 Sec. 6 (29A) 55 62 Sec. 6 (30) 55 62 Sec. 6 (31) 47 192 52 37 53 82 Sec. 6 (33) 48 71 OCTOBER 1, 1931—JUNE 30, 1963 59 Volume Page CHARTER AND PUBLIC LOCAL LAWS (1949 EDITION)—Continued: 52 166

Sec. 6 (33/2) 49 174 52 14 Sec. 6 (36) 49 117 Sec. 6 (37) 50 120 Sec. 6 (39) 47 115 47 240 49 257 52 123 53 8 54 116 54 150 54 169 54 273 Sec. 6 (40) 47 240 Sec. 6 (41) 49 30 Sec. 8 53 140 Sec. 10 45 196 Sec. 11 45 237 Sec. 12 45 195 45 196 45 269 45 293 47 10 48 104 49 75 49 105 50 43 50 200 50 303 50 304 52 92 53 140 54 224 55 151 Sec. 13 47 219 48 3 48 211 53 140 55 10 Sec. 15 48 94 Sec. 16 47 10 55 61 Sec. 18 53 140 60 OPINIONS OF THE CITY SOLICITOR

CHARTER AND PUBLIC LOCAL LAWS Volume Page (1949 EDITION) —Continued: 54 212 54 217 Sec. 18A 53 140 54 212 55 114 Sec. 19 48 2 54 212 Sec. 20 49 30 Sec. 21 54 210 Sec. 22 49 279 Sec. 23 47 11 48 172 54 217 55 68 Sec. 24 47 34 48 117 Sec. 25 48 94 49 30 52 220 54 14 55 68 Sec. 28 47 112 47 168 48 16 49 279 53 87 54 212 45 183 46 4 46 130 46 216 46 • 227 46 304 Sec. 29 47 105 47 123 47 185 48 211 49 75 54 116 54 296 Sec. 30 47 99 47 246 48 65 48 211 OCTOBER 1, 1931—JUNE 30, 1963 61

CHARTER AND PUBLIC LOCAL LAWS Volume Page (1949 EDITION) —Continued: 50 342 52 88 52 92 52 145 52 158 52 190 52 273 53 77 54 202 54 215 54 225 54 296 Sees. 30-39 48 94 Sec. 31 ... 48 65 48 211 52 88 52 92 52 107 Sec. 33 51 216 53 77 54 202 Sec. 34 46 122 47 99 48 71 52 145 54 136 54 202 54 215 54 225 Sec. 35 45 196 46 180 46 197 47 246 49 10 49 149 50 157 50 158 52 191 52 252 52 268 Sec. 37 47 25 47 107 47 139 47 171 62 OPINIONS OF THE CITY SOLICITOR

Volume Page CHARTER AND PUBLIC LOCAL LAWS (1949 EDITION) —Continued: 48 90 48 107 49 299 50 75 50 166 51 31,40 51 149 51 159 51 176 53 121 54 147 54 296 Sec. 37(a) 46 287 Sec. 37(c) 46 146 Sec. 38 46 127 46 197 46 286 46 287 47 1 47 107 47 139 47 171 48 79 48 81 48 84 48 107 48 190 49 61 49 80 49 282 50 75 50 113 50 136 51 31 51 149 52 96 52 153 52 191 52 252 52 268 53 121 54 147 54 296 OCTOBER 1, 1931—JUNE 30, 1963 63

Volume Page CHARTER AND PUBLIC LOCAL LAWS (1949 EDITION) —Continued: Sec. 40 55 151 Sec. 41 46 180 47 290 48 166 53 140 Sec. 42 54 9 Sec. 43 (b) 45 196 Sec. 44 46 147 54 58 Sec. 44 (d) 51 136 Sec. 45 45 260 53 140 54 224 Sec. 46 46 5 52 79 55 55 Sec. 46 (b) 46 192 50 154 Sec. 47 47 50 52 79 53 99 55 ' 55 Sec. 47 (b) 46 159 49 143 Sec. 50 49 5 Sec. 52 48 71 52 79 Sec. 53 45 251 46 248 48 71 Sec. 55 48 71 Sec. 56 45 267 46 23 48 71 49 201 50 39 51 74 Sec. 59 46 111 55 55 Sec. 62 53 16 54 304 Sec. 65 45 196 46 26 64 OPINIONS OF THE CITY SOLICITOR

•.-..--• Volume Page CHARTER AND PUBLIC LOCAL LAWS (1949 EDITION)—Continued: 46 180 49 236 51 136 Sec. 67 54 14 54 251 Sec. 67 (c) 52 191 Sec. 67 (f) 46 284 52 92 Sec. 68 46 83 49 290 54 14 Sec. 70 50 243 55 62 Sec. 70 (e) 46 33 Sec. 71 46 258 Sec. 72 52 92 Sec. 73 54 37 Sec. 74 49 45 50 154 Sec. 75 53 239 Sec. 76 45 277 47 269 Sec. 79 52 143 49 54 Sec. 80 46 246 50 141 51 44 51 130 51 196 53 70 55 188 Sec. 81 49 75* Sec. 82 47 78 48 88 49 146 55 162 55 182 Sec. 82 (e) 51 135 52 212 Sec. 82 (f) 52 292 Sec. 83 54 182 54 221 Sees. 83-90 53 47 OCTOBER 1, 1931—JUNE 30, 1963 65

Volume Page CHARTER AND PUBLIC LOCAL LAWS (1949 EDITION)—Continued: Sec. 84 45 244 Sec. 85 54 61 Sec. 86 51 179 54 221 Sec. 89 54 61 Sec. 91 47 185 49 290 50 111 50 169 50 342 51 227 54 14 Sec. 91 (b) 45 264 Sec. 91 (c) 52 191 Sec. 92 50 23 50 342 Sec. 92 (b) 46 216 Sec. 93 54 292 Sec. 94 47 10 50 322 Sees. 94-101 46 276 53 127 Sec. 95 47 219 Sec. 96 45 233 46 202 • 50 243 50 322 52 180 52 220 52 233 55 79 Sec. 96 (f) 49 89 Sees. 97, 98, 99 47 123 Sec. 100 46 251 50 345 52 174 Sec. 102 .. 45 293 47 10 Sees. 102-109 51 227 Sees. 102-122 51 166 ' 52 296 53 13 66 OPINIONS OF THE CITY SOLICITOR

Volume Page CHARTER AND PUBLIC LOCAL LAWS (1949 EDITION)—Continued: 54 150 54 194 Sec. 103 47 10 Sec. 105 46 130 Sec. 106 45 298 46 31 Sees. 107, 110 47 278 Sec. Ill 46 29 52 155 Sees. 112-114 46 119 Sec. 113 45 272 Sec. 115 45 298 Sec. 116 53 218 54 150 Sees. 116, 117 47 211 Sec. 117 46 115 Sec. 119 45 270 Sees. 119, 120 46 116 Sec. 121 48 9 Sees. 123-136 50 214 Sec. 129 45 279 46 249 50 16 50 40 52 102 Sec. 132 46 133 Sec. 134 45 196 45 248 Sees. 137, 138 53 250 Sees. 137-139 53 252 55 195 Sec. 138 46 29,57 46 154 47 25 48 16,94 50 237 51 31 Sec. 138 (d) 46 176 Sec. 139 48 43 Sees. 142-146 47 78 47 130 48 211 48 215 OCTOBER 13 1931—JUNE 30, 1963 67

Volume Page CHARTER AND PUBLIC LOCAL LAWS (1949 EDITION)—Continued: 51 210 52 107 53 52 55 162 Sec. 143 47 54 50 30 52 110 Sec. 144 45 264 46 284 48 43,63 50 30 . 51 161 51 176 51 246 52 110 52 143 53 23 54 292 55 162 Sec. 149 45 273 46 105 48 150 50 30 Sec. 149 (e) 45 257 55 10 Sec. 149 (f) 49 117 Sec. 150 47 52 48 70 48 129 49 1 50 30 Sees. 150-152 47 219 48 3 55 10 Sec. 151 47 54 50 30 Sec. 152 47 54 49 247 50 351 Sec. 152 (b) 52 83 Sec. 155 51 213 Sec. 156 47 240 68 OPINIONS OF THE CITY SOLICITOR

Volume Page CHARTER AND PUBLIC LOCAL LAWS (1949 EDITION)—Continued: Sec. 158 50 243 51 194 Sec. 159 45 253 55 176 Sees. 159, 160 46 145 48 156 49 14 Sees. 159-162 46 203 Sees. 159-166 46 219 53 99 55 62 Sec. 160 46 159 48 5,94 49 143 >.-;;.•. 49 214 50 64 50 210 55 98 Sec. 161 53 172 Sees. 162, 164 48 94 Sec. 165 51 105 Sec. 168 47 121 49 251 50 268 Sec. 168 (a) 45 285 Sec. 168 (b) 54 290 Sec. 169 45 253 46 152 46 218 46 259 52 155 54 90 54 147 55 79 I"!. Sec. 171 46 83 48 67 48 100 Sec. 172 45 277 Sec. 173 46 27 51 216 Sec. 176 - 47 123 48 219 Sec. 178 46 33 OCTOBER 1, 1931—JUNE 30, 1963 69

Volume Page CHARTER AND PUBLIC LOCAL LAWS (1949 EDITION)—Continued: Sec. 179 45 196 Sec. 181 45 183 45 197 Sees. 239-257 48 39 Sec. 306 48 24 Sec. 318 53 185 Sees. 390, 391 47 280 Sees. 405, 408 50 234 Sec. 410 50 267 Sec. 421 50 234 Sees. 423, 424 49 168 50 253 Sec. 436 51 198 Sees. 436A, 436B 51 85 51 119 Sec. 444 48 148 Sec. 474 49 30 Sec. 484 51 163 Sec. 506 48 20 Sec. 517 49 135 Sees. 526-596 51 87 52 174 Sec. 530 54 61 Sees. 530, 532 52 174 Sec. 540 (b) "... 51 87 Sec. 563 48 83 Sec. 573 47 182 Sees. 583-591 .,.,..., 51 203 Sec. 584 (a) 53 63 Sees. 587, 588 50 47 Sec. 598 54 58 Sec. 629 55 55 Sec. 709 48 94 Sees. 713-717 50 65 Sec. 714 51 208 Sees. 715-717 50 313 Sec. 727 48 71 CHARTERS— Forfeited—Procedure as to collection of unpaid taxes.. 42 34

CHAUFFEUR— See Motor Vehicles. 70 OPINIONS OF THE CITY SOLICITOR

Volume Page CHECK CASHING AGENCIES— Residential and Office Use Districts 52 187 52 265 CHECKING ACCOUNTS— Tax on, held beyond City's powers 49 174 CHECKS— Endorsement under power of attorney after death of payee 51 37,50 Payment after six months, in discretion of bank 44 116 Signed by certain officials, or as prescribed by ordinance 48 100 Stop payment order—Effect 44 116 Stop payment order—Payroll Bureau 39 76 Taxes—Valid payment only if honored 33 279 CHEMICAL PLANT— See Inspectors. CHERRY HILL— Swimming pool—Loan funds approved for 49 89 See also Parks. CHERRY HILL ROAD— Obligation of City to pave between railroad tracks 41 55 CHIEF ENGINEER— Planning Commission—Substitute for 47 13 Power, as arbitrator for contract 32 30

CHILD CARE— Procedure where placement of child is socially un- desirable 46 185

CHILD LABOR— Hamilton Recreation Center—Status of helpers 49 136 49 171

CHILDREN— Mental hospitals—Father to support son in 47 87 Right of parent to earnings of minor 40 11 Support of indigent parents—When required 38 119 See also Minors.

CHILDS STREET— Condemnation by U. S 41 132 Public street and City may permit dock to be erected at end of 41 11 OCTOBER 1, 1931—JUNE 30, 1963 71

Volume Page CHIROPODIST— Zoning—Office in house is accessory use 50 221 See also Zoning. CHURCHES— "Appurtenant" grounds to be tax exempt 55 20 Paving charge—Tax exemption for 55 20 Tax exempt status discussed 55 20 CHURCH PROPERTY— Exempt from certain paving assessments 43 29 Kxempt from special assessments for alley paving 42 206 46 64 Special Assessments—Exempt from 41 242 When exemption begins 41 203, 205 See also Paving Tax. CIGARETTES— See Tobacco Products. CIGARETTE STAMPS— First dealer to affix 47 49 CIGARETTE TAX— Manner of affixing stamps 49 115 Not applicable to sales by mail from outside City 45 224 State institutions not exempt from 45 228 CINDERS— Bid for furnishing; failure to submit sample 38 54 See also Buildings. CIRCUS— Cannot give performances on Sunday 45 115 Children's rides included under 48 210 Non-resident—Requirements as to 48 201 Permits jreason for denial 51 131 CITIZENS— See Residents. CITIZENSHIP— Not necessary for employees 47 230 CITY BONDS— See Taxation. CITY CHARTER— See Charter and Public Local Laws. 72 OPINIONS: OJF THE CITY SOLICITOR

Volume Page CITY CODE (1893 EDITION)— Sections Construed or Cited-— Article 1— Sec. 42 39 52 CITY CODE (1927 EDITION)— Sections Construed or Cited— Article 1— Sec. 54 39 50 47 230 Sec. 57 . ...'..• 32 181 34 101 45 291 Sec. 65 42 231 42 245 Sec. 68 39 100 45 195 Sees. 75, 80 34 57 Sec. 83 42 74 Article 3 (Building Code, 1927)— Sec. 2, Par. 1 ...... 40 15 Sec. 4 . . 35 208 35 209 39 217 40 15 Sec. 4 (9) '.'.'.' 43 48 Sec. 5 39 218 Sec. 5, Par. 1 40 33 Sec. 5, Par. 3 38 38 Sec. 5, Par. 14 39 132 Sec. 5, Par. 16 39 197 Sec. 5, Par. 17 39 197 43 48 Sec. 5, Par. 34 36 78 ( Sec. 9, Par. 1 39 132 Sees. 11,14 35 23 Sees. 12, 14 39 205 Sec. 12, Par. 2 38 70 Sec. 14 34 81 Sec. 14, Par. 17 38 57 Sec. 14, Pars. 17-22 38 70 Sec. 14, Par. 21 38 22 Sec. 16, Par. 15 40 33 Sec. 39, Par. 42 ".". . 32 166 Sec. 40, Par. 118 41 2 Sec. 40, Par. 119 38 12 OCTOBER 1, 1931—JUNE 30, 1963 73

Volume Page CITY CODE (1927 EDITION)—Continued: Sec. 41, Par. 15 32 3,67 32 206 36 29 38 82 Sec. 102, Par. 1020 45 19 Sec. 134 41 98 Sec. 140 42 31 Sec. 140, Par. 1400 45 13, 19,88 Sec. 140, Par. 1408, Sec. 191, Par. 1916, Sec. 192, Par. 1926 44 127 Sec. 148 42 32 Sec. 170, Pars. 1700, 1702 - 45 249 Sec. 170, Pars. 1700-1706 45 5 Sec. 175 45 249 Sec. 177 42 32 Sees. 183, 185, 187 42 186 Sees. 185, 187 42 95 Sec. 187 41 74 Sec. 191, Par. 1916 44 127 Sec. 192, Par. 1926 44 127 Sec. 213, Par. 2131 45 129 Sec. 298 45 276 Sec. 319, Par. 3191 45 117 Sees. 415, 419 45 79 Sec. 467, Pars. 4671, 4680, 4686, 4694 45 122 Sec. 490, Par. 4908 45 122 Sec. 983 45 122 Article 4— Sec. 53 41 25 Sec. 56 37 10 Sec. 58 48 87 48 91 Sec. 60 48 195 Sec. 79 33 223 Sec. 80 32 223 35 197 38 132 44 101 Sec. 84 48 12 Article 8— Sec. 2 33 298 Sec. 15 36 106 Sees. 17-19 33 19 Article 12— Sees. 60A-60K ....-.- 47 149 74 OPINIONS OF THE CITY SOLICITOR

Volume Page CITY CODE (1927 EDITION)—Continued: Article 13— Sees. 7 and 8 44 67 Sec. 33 33 221 37 24 46 246 Sec. 34 33 221 45 240 Sec. 65 , 32 212 41 238 Sees. 75-77 44 59 45 120 Sec. 90 33 62 Sec. 91 32 4,145 32 162 32 189 33 62 Sees. 95-99 39 187 Article 15— Sec. 13 35 133 Sec. 14 33 164 Sec. 15 44 112 46 40 Sec. 20 37 80 . . 46 260 Sec. 21 33 164 44 112 Sec. 32 46 270 Sec. 34 43 175 Sec. 48 46 18 Article 16— Sec. 52 32 264 33 157 37 94 38 85 Sees. 55, 63 39 64 Sec. 55 35 74 37 84 38 45 Sec. 55A 32 74 Sec. 55D 32 75 Sec. 56 37 84 Sees. 57, 59 37 94 Sec. 59B 32 75 Sec. 60 37 94 Sec. 61 48 138 OCTOBER 1, 1931—JUNE 30, 1963 75

Volume Page CITY CODE (1927 EDITION)—Continued: Sec. 63 37 93 37 94 39 64 46 55 Sec. 73 47 26 Sec. 83 .32 71 32 93 38 40 42 41 46 261 Sees. 84, 89 32 71 Sec. 93 33 236 Sec. 96 32 71 47 287 Sees. 111-127 47 179 Sec. 113 37 33 Sec. 159 40 53 Sees. 199-206H 45 169 Sec. 231 43 114 Sees. 233-234 43 148 Sec. 278 33 272 Sec. 366 35 69 Article 17— Sees. 21-25 46 220 Article 25— Sees. 1, 2 47 158 Sees. 1, 17 47 232 47 234 Sees. 1-18 47 132 Sec. 9 45 116 47 192 45 114 Sees. 9, 11 40 123 40 124 Sec. 9 45 114 Sec. 13 39 150 Sec. 17 43 208 45 114 Sec. 19 34 120 47 107 Sec. 21 40 3,10 Sec. 24 34 121 Sec. 25 47 107 Sees. 30-40 45 230 Sees. 40A, 40B 7 39 183 76 OPINIONS OF THE CITY SOLICITOR

Volume Page CITY CODE (1927 EDITION)—Continued: Sec. 46 32 241 Sec. 52 32 2 45 242 Article 26 34 123 Article 27— Sec. 1 39 139 Sec. 16 34 119 39 67 47 4 Sec. 17 39 138 Sec. 49 33 133 Sec. 57 39 138 Sees. 96-109 35 3 Sec. 114 35 166 35 167 Sec. 138 33 44 Sec. 148 33 180 Sec. 149 32 257 33 180 Sees. 161, 162, 165, 167 33 180 Article 28— Sec. 57 40 85 Article 30— 35 153 41 151 45 14 Sec. 1 32 137 33 255 33 257 35 179 35 200 36 142 37 42 39 37 39 143 39 146 41 116 42 112 44 25 44 39 45 87 45 220 48 54 Sec. 1 (2) 45 255 Sec. 1 (8), (9) 37 69 OCTOBER 1, 1931—JUNE 30, 1963 77

Volume Page CITY CODE (1927 EDITION)—Continued: Sec. 1(11) 45 85 Sec. 2 39 37 Sec. 3 32 137 35 175 36 70 37 78 39 37 39 93 39 146 42 112 44 37 44 133 45 86 45 107 Sec. 3 (1) 37 51 Sec. 3 (6) 44 125 Sec. 4 33 72 33 286 36 19 39 175 39 37 45 151 45 220 48 54 Sec. 4(2) 37 69 Sec. 4 (7) 46 5 Sec. 5 37 78 39 37 45 107 Sec. 5(7) 40 89 45 49 Sec. 6 35 142 35 151 35 177 35 179 35 199 35 206 36 69 36 125 39 41 39 44 41 33 41 38 42 247 78 OPINIONS OF THE CITY SOLICITOR

Volume Page CITY CODE (1927 EDITION)—Continued: 44 38 45 220 Sec. 6 (1) 45 295 Sec. 6 (5) 32 255 37 76 40 89 44 126 Sec. 6 (6) 32 255 37 76 Sec. 6 (7) 37 50 Sec. 6(8) 37 45 37 104 38 44 44 50 44 77 44 119 Sec. 6 (9) 33 210 38 44 Sec. 6 (10) 41 115 43 170 Sec. 6(11) 33 252 37 101 43 170 45 258 45 295 Sec. 6 (11) (a) 45 288 Sec. 7 45 84 Sec. 7 (5) 46 92 Sec. 8 35 200 36 14,24 39 142 Sec. 12 38 110 Sec. 13 37 78 44 125 Sec. 14 39 36 40 89 Sees. 14, 15 45 221 Sec. 15 45 180 48 54 Sec. 16 45 152 Article 31— Sees. 24-27D 47 269 Article 32— Sec. 32 41 26 Sees. 41, 42 32 212 OCTOBER 1, 1931—JUNE 30, 1963 79

Volume Page CITY CODE (1927 EDITION)—Continued: Sec. 48 41 26 Sec. 53 37 127 42 237 Sec. 54 ,42 238 47 50 Sec. 68 46 158 Sees. 125-128 39 187 Article 34— Sec. 9, et seq ,. 34 124 Article 37— Sec. 4 43 219 Article 39— Sees. 1-6 47 34 Sec. 3 46 158 Article 41— Sec. 2 33 104 36 128 38 50 40 66 Sec. 18 33 103 54 277 Sec. 20 33 103 35 13,78 35 87 35 113 35 117 36 83 37 120 40 65 40 127 43 188 Sec. 21 32 282 35 114 35 117 40 65 43 188 Sec. 60 47 71 Article 42— Sec. 27 43 92 Sec. 28 43 93 Sec. 37 33 235 Sec. 41 32 68 Sees. 41-48 36 11 Sec. 50 43 92 Sec. 55 43 175 80 OPINIONS OF THE CITY SOLICITOR

Volume Page CITY CODE (1927 EDITION)—Continued: Sec. 58 35 61 Sec. 59 « 175 Article 43— Sec. 5 34 135 Article 44— Sees. 8, 9A 46 44 Sec. 14 35 61 Sec. 15 46 44 Sec. 33 45 1 Article 45— Sec. 48 33 213 33 217 Sees. 66-71 41 250 Sec. 68 36 132 38 48 40 154 42 121 44 36 Sec. 70 42 121 44 36 Sec. 76 (Proposed) 45 94 Sees. 107-115 41 277 Sees. 116-118 42 206 Sees. 117, 118 42 271 Sees. 158, 159 35 71 36 63 Sees. 165, 167 33 164 Sec. 174 32 166 Sees. 174-188 39 196 40 121 Sec. 194 38 48 Article 46— Sees. 1-30 35 185 Sec. 11 33 7 34 128 Sec. 12 35 185 Sec. 32 36 44,45 Article 46— Sec. 33 41 141 Sec. 34 41 141 • 42 122 Sec. 43 . • 46 66 Sec. 44 42 38 Sec. 70 39 157 Sees. 75, 76, 77 35 85 OCTOBER 1, 1931—JUNE 30, 1963 81

Volume Page CITY CODE (1927 Edition)—Continued: Sec. 77 36 106 Sees. 81, 82 35 185 Sec. 83 35 184 35 185 Sec. 84 32 243 32 261 35 181 35 184 35 185 38 89 Sec. 85 35 185 Sec. 86 46 110 Article 48— Sec. 1 et seq 40 177 Sees. 1, 12, 13 40 158 Sec. 14 33 48 33 54 Sec. 14-24 36 75 Sec. 23 34 111 38 64 Sec. 25 39 63 Sec. 32 36 76 Sec. 35 40 200 Sec. 50 41 264 Article 49— 39 131 Sec. 35 43 141

CITY CODE (1950 EDITION)— Sections Construed or Cited— Article 1— Sec. 9 49 126 50 20 53 1 Sec. 11 49 274 Sec. 12 54 182 Sec. 14 50 58 Sec. 14 (e) 50 110 Sees. 14-21 50 12 Sec. 23 49 116 Sec. 27 50 358 54 30 Article 2— Seel 48 213 Article 3— 82 OPINIONS OF THE CITY SOLICITOR

Volume Page CITY CODE (1950 EDITION)—Continued: Sec. 3 50 316 51 127 Sec. 4 50 316 Article 4— Sec. 1 47 64 Sees. 1-10 53 252 Article 5 (Building Code) — Sec. 101 48 120 Par. 1011 50 29 50 249 Sec. 109, Par. 1092 49 37 52 11 Par. 1220 49 273 50 29 Par. 1400 (E) 48 98 50 163 Ch. 15A, Sec. 3 (a) (4) 52 240 Ch. 15A 53 32 53 151 54 237 55 55 55 74 Par. 1605 52 240 Ch. 17 54 233 Sec. 170, Par. 1705 52 40 Par. 1772 49 273 Sees. 185, 187, 192 54 189 Sec. 193 54 189 55 55 Sec. 212 50 210 Par. 2146 49 55 Sec. 277, Par. 2772 52 135 Par. 2910 48 210 Par. 2911 48 201 51 131 Par. 2996 48 200 Par. 2998 47 269 Par. 4100 49 273 Par. 4350, 4352 49 249 Sees. 437, 438 51 18 Par. 4385 49 249 Par. 4993 53 34 Par. 4993 (c) 50 29 Par. 5222 50 249 OCTOBER 1, 1931—JUNE 30, 1963 83

Volume Page CITY CODE (1950 EDITION)—Continued: Par. 5322 50 249 Par. 6006 48 120 Article 6— Sec. 8 49 181 51 136 54 58 Sec. 13 54 304 Sees. 22-25 48 219 Article 9— Sec. 3 52 33 Sec. 10 51 24 Sec. 12 50 357 52 33 52 59 Sec. 16 53 183 Sees. 20-24 48 151 Sec. 23 48 208 Sec. 26 47 250 51 58 Sec. 26 (C) 52 10 Sec. 36 • 50 185 Sec. 47 47 250 51 58 Article 11— Sec. 21 49 151 Sec. 38 53 185 Article 12— Sees. 14, 15 50 294 Sec. 24 48 138 Sec. 27 50 294 Sees. 45, 46 49 20 49 255 Sec. 46 49 103 51 22 Sec. 61 ". 49 113 Sees. 61-77 47 179 Sees. 63, 68, 76 49 75 Sec. 107 55 116 Sees. 107, 108, 125, 126, 127 50 151 Sees. 220-234 54 290 Sec. 237 50 246 Sec. 239 53 204 Sec. 242 50 246 Sec. 244 53 204 84 OPINIONS OF THE CITY SOLICITOR

Volume Page CITY CODE (1950 EDITION)—Continued: Article 13— Sec. 1 47 142 50 228 53 209 54 101 Article 14A— Sec. 10 52 191 53 170 Article 15— Sec. 19 51 162 Sec. 24 53 30 Sees. 27-46 48 10 Sec. 32 51 17 Sees. 47-54 49 272 Article 16— Sec. 1 54 182 Article 17— 52 43 Article 19— Sec. 1 47 232 47 234 Sees. 1-7 54 92 Sees. 1-20 47 132 Sees. 9, 11-13 53 44 Sec. 15 50 139 Sec. 19 47 232 47 234 50 214 Sees. 31, 32, 33 51 46 Sec. 38 48 131 50 139 51 5 52 124 53 165 Sec. 38 (a) 54 64 Sees. 57-66 50 297 Sees. 62-66 54 307 Sec. 73 50 214 54 64 Article 21— Sec. 2 53 224 Article 22— Sec. 4 54 37 Sec. 23 53 183 OCTOBER 1, 1931—JUNE 30, 1963 85

CITY CODE (1950 EDITION)—Continued: Volume Page Article 23— Sec. 1 48 217 Sec. 1(2). 50 23,45 50 130 51 42 51 250 53 102 55 178 Sec. 1 (8) , . 50 148 52 230 Sec. 1 (9) 52 230 Sec. 3 47 255 47 266 49 148 49 156 49 218 49 235 49 266 49 275 51 42 Sec. 3 (1) 50 74 51 6 51 170 52 230 52 244 53 52 55 178 Sec. 3 (4) 50 169 51 9 51 215 52 78 Sec. 3 (6) 50 165 Sec. 3 (7) 50 4 Sec. 4 (1) 50 142 Sec. 4 (2) 48 21 50 155 Sec. 4(4) 50 142 Sec. 4 (6) 49 226 49 275 49 294 50 52 50 79 50 257 51 9, 13 86 OPINIONS OF THE CITY SOLICITOR

Volume ' Page CITY CODE (1950 EDITION)—Continued: 52 26 . 53 93 Sec. 5 48 166 48 206 Sec. 5 (2) 53 91 55 151 Sec. 5 (7) 51 269 Sec. 5 (12) 49 195 Sec. 6 47 182 47 190 47 213 47 214 51 42 51 82 Sec. 6 (1) 48 215 50 125 50 225 50 232 51 44 51 255 51 260 52 6 53 5 Sec. 6 (2) 49 109 49 131 51 180 Sec. 6(3) 49 195 50 301 51 44 Sec. 6 (5) 49 195 50 301 50 357 51 44 51 215 53 132 Sec. 6(6) 50 357 Sec. 6(7) 49 195 Sec. 6(8) 47 61 47 112 49 2,99 50 57 50 128 50 148 50 230 OCTOBER 1, 1931—JUNE 30, 1963 87

Volume Page CITY CODE (1950 EDITION)—Continued: 50 232 50 257 51 6,60 51 80,85 51 101 51 119 51 151 51 170 51 218 52 230 53 49 53 138 55 29 Sec. 6 (9) 50 148 50 361 51 71 51 151 52 277 Sec. 6 (10) 49 131 50 71 53 85 Sec. 6 (11) 50 232 51 63 51 87 51 151 51 255 55 178 Sec. 6 (12) 49 66 50 148 Sec. 7 51 60 Sec. 7 (1) .. 50 71 51 229 Sec. 8 (1) 49 131 50 78 53 83 53 85 Sec. 10 51 87 Sec. 11 50 71 Sec. 13 (1) 51 85 51 119 Sec. 14 (1) 53 61 Sec. 15 49 226 49 229 49 293 88 OPINIONS OF THE CITY SOLICITOR

Volume Page CITY CODE (1950 EDITION)—Continued: 50 3 50 45 51 180 51 269 53 93 Sec. 16 49 226 Sec. 17 48 109 48 170 48 194 Sec. 17 (9) 52 84 Sec. 18 47 255 Sees. 18-21 48 45 48 165 Sec. 19 47 213 Sec. 31 A 52 278 Sec. 32 (2) 55 152 Article 24— Sees. 14-17 51 168 Sec. 33 (2) 55 62 Sec. 61 47 29 Sec. 71 49 217 Sees. 73-75 47 192 Sec. 74 49 217 52 37 Sec. 75 53 134 Sec. 91 50 210 Sec. 92 49 143 Sec. 97 50 210 Sees. 141, 146 50 297 Article 31— Sec. 5 52 248 53 239 Article 32— Sec. 22 49 3 50 1 Sec. 23 49 3 Sec. 25 54 273 54 286 Sec. 27 49 42,59 50 105 53 227 Article 34— Sees. 2, 3 53 16 Article 35— OCTOBER 1, 1931—JUNE 30, 1963 89

Volume Page CITY CODE (1950 EDITION)—Continued: Sec. 28 48 197 Sec. 30 51 67 Sees. 54, 55, 56 52 62 Sec. 95 53 183 Article 36— Sees. 11-18 47 269 Article 37— Sec. 4 52 102 Sec. 6 52 102 Sec. 6 (a) 52 82 Sec. 7 (d) 52 82 Sec. 10 50 40 52 82 52 164 Sec. 16 50 39 52 184 Sec. 21 52 54 52 184 Sec. 22 52 102 Sec. 31 51 90 51 147 51 182 52 54 53 50 53 231 54 33 54 49 Sec. 32 54 33 Sec. 40 54 161 55 55 Sec. 41 55 55 Sec. 44 52 102 Sec. 50 51 36,65 Sees. 59, 60 50 215 Sec. 71 51 206 Sees. 78-88 52 164 Sec. 89.. 55 120 : Article 38— Sec. 2 48 195 49 192 50 243 Sec. 21 (c) 50 291 Sec. 23 48 113 Sec. 24 50 99 90 OPINIONS OF THE CITY SOLICITOR

Volume Page CITY CODE (1950 EDITION)—Continued: Sec. 25 50 299 Sec. 26 (a) 49 165 Sec. 29 50 103 50 299 Sec. 43 50 98 Sec. 44 48 113 50 109 Sec. 45 48 113 Sec. 66 50 99 Sec. 68 48 160 49 169 Sec. 70 48 87 48 91 50 99 Sec. 79 48 160 Sec. 81 55 90 Sec. 93 A 51 78 Sec. 124 (14a) 49 163 Article 39— Sees. 7, 9 50 120 Article 40—• Sec. 4 55 172 Sec. 4 (16) 52 21 Sec. 9 50 220 Sec. 9 (2), (5) 53 89 Sec. 9 (d) 52 65 52 187 Sec. 10 53 89 Sec. 11 47 154 47 218 53 89 Sec. 11 (b) ,.52 25 Sec. 13 47 84 Sec. 13 (d) 52 167 Sec. 13 (f) 51 183 Sec. 17 51 150 Sec. 24 50 158 Sec. 24 A 48 38 Sec. 25 50 158 Sec. 25 (W) 52 5 Sec. 31 48 38 Sec. 31 (F) 50 29 53 34 Sec. 31 (M) 52 5 OCTOBER 1, 1931—JUNE 30, 1963 91

Volume Page CITY CODE (1950 EDITION)—Continued: Sec. 34 52 150 Sec. 36 49 225 55 172 Sec. 37 52 150 Sec. 40 53 144 Sees. 41, 42 50 158 Sec. 44 54 101 Sec. 46 50 158 Sec. 48 (b) 53 89 CITY COLLECTOR— Bond—When not liable for failure to collect taxes .... 45 10 Bonds of employees to relieve City Collector of liability for their dishonesty 43 36 Collateral—Liability for when held to secure deposits 41 84 Duties 36 44,45 Has no power to abate penalties on taxes 41 196 41 197 Licenses—To issue 42 31 Taxes—Cash collected by banks for 33 120 Taxes—Costs in collecting by suit 36 41 CITY COMPTROLLER— See Comptroller. CITY COUNCIL— Appointment of person previously rejected; need not act but may confirm 43 73 Committees—Quorum; procedure; rules 48 172 Comptroller requested by resolution to take leave of absence 49 173 Condemnation—Ordinance necessary for 47 136 Councilmanic districts—Charter amendment to change 49 30 Department heads should appear before 49 279 Districts—Basis of representation discussed 55 61 Housing sites not to be approved by 47 125 Law Department's opinions given to individual members 52 88 Legislative powers—Cannot be self-abridged 52 49 Member may draw salary while in armed services. ... 42 65 Officers—Power to remove 47 11 Ordinance—City Solicitor to give opinions to Council or Committees, not to individual members 35 77 Ordinance—Public improvements 46 122 Ordinance—Read twice on same day 53 87 Ordinance—Recall, passed by previous council 38 88 Ordinance—Rules; effect of 55 68 92 OPINIONS OF THE CITY SOLICITOR

Volume Page CITY COUNCIL—Continued: Ordinance of Estimates — Cannot return to Board of Estimates 46 227 Ordinance of Estimates—Power to refuse to pass 52 145 Planning Commission—Council members of 47 10 President—May be elected at special meeting 54 210 President—Power to fill vacancy in 43 15 President—Quorum necessary to elect 54 212 President—Succession in event of vacancy 53 140 Purchasing—Procedure discussed 54 296 Qualification of members to fill vacancy 33 214 Quorum—Eleven members held to be 54 212 Redevelopment—Approval of sites for 48 94 Revenue measures—Refusal to enact 52 145 Reversions—Estimate; use for new budget 54 202 Rule No. 42 construed 55 68 Rules—Power to impose; effect 55 68 Salaries—Powers as to 39 ' 166 Salaries—Raise for new members 51 236 Special meeting may elect President 54 210 Special Session—Ordinances introduced at; readings. . 39 219 Traffic Commission—Effect of ordinances passed 48 195 Treasurer—Vacancy in office filled by 54 224 Vacancy—Majority necessary to fill 48 2 Vacancy—Quorum necessary to fill 54 212 Vacancy—Succession to 53 140 Veto—When to be acted upon 38 17 Vice-President—May act as member of Board of Esti- mates 54 217 Vice-President—Powers and duty in case of absence or vacancy in office of Mayor and President of City Council 43 15 Zoning—May not discriminate as to 47 218 Zoning Ordinances—May charge fee prior to introduc- tion 40 78 CITY DEPOSITS— Security for 32 29

CITY EMPLOYEES— See City Service Commission; Fire Department; Employees.

CITY FUNDS— ' Funds collected by employee unaccounted for before ' death not deductible from death benefits due wife.. 45 103 OCTOBER 1, 1931—JUNE 30, 1963 93

Volume Page CITY HOSPITALS— Age of employee voids membership in Retirement Sys- tem 51 170 Bill—Balance of check after paying 38 108 Chief Surgeon is not officer of State 34 42 City not liable for injuries to indigent patient 46 61 Copyrights—Photocopies for research . . . , 53 164 "Current resources" of patients—Discussed 55 182 Deceased patient's funds—Disposition of 47 57 Director may continue under contract after age 70. ... 51 260 Drug addiction may be reported by 55 9 Employees—May be searched for City property 53 229 Employees—Taxation of contributions to annuities.... 52 278 Illegitimate child—Bills for care 54 312 Income tax on living allowances paid to employees. ... 47 241 Lease to private developer for housing 54 147 Liability of City for damages on account of malpractice 39 120 Licensed embalmer working at 34 4, 41 Liens for medical service; registered mail 51 4 Loan funds—Cannot be diverted 52 212 Loan funds—Cannot be transferred 43 189 Master Electrician required for 51 163 Means test for free case. 51 135 Members of American Hospital Association 33 284 Mercurochrome—Registered trade name; use 45 153 Money accepted from Blue Shield for professional edu- cation 48 88 Non-residents may be admitted to 52 212 Operation—Consent for; responsibility of city 50 333 Operation—Consent required; treatment 51 157 Part-time librarian not in Classified Service 49 70 Physician or surgeon liable for negligence 34 33 Prisoners—May be worked at 42 60, 62 Prisoners—Transferred to; guards 54 61 Prisoners—Work at 42 6, 7 Private patients—Facilities for 52 212 Public welfare regulations prevail over 55 182 Regulations as to patients—Power of Welfare Depart- ment 49 146 Removal of cornea from deceased patient—Permission for ..;;.. 50 127 Student nurse—Cost of special nurse in case of infec- tion contracted in line of duty should be paid out of contingent fund 32 152 Supervisor of Mechanical Operations not required to be 94 OPINIONS OF THE CITY SOLICITOR

Volume Page CITY HOSPITALS—Continued: licensed engineer 38 141 Surgery on incompetents—Discussed 52 30 Unclaimed property of patients 50 77 "Vendor payments" of welfare patients—Discussed .... 55 182 Visiting physicians—Employed by contract 41 260 Who may be committed to 34 3)8 See also Hospitals. CITY JAIL— See Jail. CITY PLAN— Airport Station at Airport—Jurisdiction as to 39 152 Baltimore Housing Authority—Authority as to plans of 38 136 Eligibility of Dr. Wolman and Mr. Pagon 38 115 Jurisdiction as to plan for sub-division of land; no jurisdiction as to who to pay cost of relocating city utilities 39 47 Official Detailed Plan—Absence of; rights of property owner , 45 137 Plats and plans approved prior to creation of Commis- sion to be resubmitted for undeveloped portions of property 39 129 Powers and duties 32 215 33 86 Powers extend to City property whether inside or out- side of City 38 113 Quorum—Majority constitutes; exception 38 103 CITY PLANNING COMMISSION— See Planning Commission.

CITY PROPERTY— Advertising may be displayed on 33 277 Civil defense—Building for equipment 50 35 Improvement to and lease to boat club 35 121 Lease to Boat Club 35 121 Lease of Pier 6 to Social Security Employees 46 259 Master Plan—Designation on 42 264 Power to lease or sell to State for use as a forest re- serve 33 282 Powers of City Council and Board of Estimates as to sale of 35 39 , Property purchased by City at tax sales — Can be omitted from assessment rolls after a year and a day.. 33 302 OCTOBER 1, 1931—JUNE 30, 1963 95

Volume Page CITY PROPERTY—Continued: Real Property Account—Proceeds from sale of school property to be credited to 39 21 Sale—Procedure as to property acquired at tax sale. . 36 104 Sale of water pipe not needed 41 148 Sale to Y. M. C. A. for Recreation Building—Condi- tions as to 46 293 Tax sale property—Sale of 46 267 When may be sold or leased 46 218 When may be rented by Comptroller 42 171 See also Piers. CITY PURCHASING AGENT— Board of Estimates may authorize purchase of special Brand of paper in excess of $500 without advertis- ing it 34 144 See also Purchasing Agent. CITY REGISTER— Custody of collateral to secure deposits of City 43 14 Fees to be charged Housing Authority for affixing seal, etc 42 74 Funds—Investment in U. S. Treasury notes 42 198 Time for closing books for transfer of City Stock is directory not mandatory 34 135 See also Bonds; City Stock; City Collector; Tax Sales. CITY SEAL— Restrictions on use 50 358 54 30 CITY SERVICE COMMISSION— See Civil Service Commission. CITY SOLICITOR— City Council—Not to give opinions to individual mem- bers, but to Committees or Council 35 77 Claims—Abatement of; authority 49 10 50 157 50 158 Legal adviser of City; City not liable for compensation of counsel employed to defend them in criminal cases 46 178 Port development—Duty and responsibility as to 49 4 Private claims settled by 47 246 Small claims—Authorized to handle 49 10 Succession in event of vacancy 53 140 96 OPINIONS OF THE CITY SOLICITOR

Volume Page CITY STOCK— See City Register. Certificates of Burnt District Loan 1954 and Second Water Serial 1925-1964 Loan were properly issued and are valid obligations of the City 35 119 Certificates of large denominations may be issued in smaller denominations 42 201 42 229 Issuance of, to purchase United Railways — Council resolution relative to 33 115 Joint Owners—Right of survivorship where registered in name of husband and wife 35 125 May issue negotiable coupon bonds for 43 66 Mayor—Cannot delegate authority to sign 33 96 Minors—Interest in certificate not to be transferred with- out proper Court order 46 207 Premiums on sale of; provisions apply to entire issue. . 33 150 Redemption of stock registered in name of deceased person—Requirement of executor 32 141 32 142 Sending by registered mail; nominal value only as it is not negotiable 34 137 Transfer—When certificate is endorsed by owner her- self, in trust for herself and another as joint owners, the stock to belong to the survivor 33 229 CITY SURVEYOR— Cannot be abolished or consolidated with Bureau of Plans and Surveys without Constitutional Amend- ment 33 305 CITY TREASURER— Licenses—Powers as to, discussed 50 214 Tobacco tax—Regulations as to. ., 50 182 Vacancy filled by City Council 54 224 CIVIC CENTER— Bids and contracts—Policy discussed 53 109 Director as City employee 55 178 Executive Director not in classified service 52 110 Moving costs for tenant in four contiguous premises. .52 69 Off-street parking funds may not be used to assist. ... 51 96 Parking facilities at 52 113 Relocation expenses paid by; time uncertain 53 248 Treasurer's office for Commission, discussed 53 103 Utilities' relocation expense held to be on City 53 96 OCTOBER 1, 1931—JUNE 30, 1963 97

Volume Page CIVIC DESIGN BOARD— Proposed—Discussed 54 116

CIVILIAN DEFENSE— Administrator holding another office—Effect 48 104 Auxiliary Fire Brigade—Minors in 48 14 Building for storing equipment; construction 50 35 Deputy Director held not under civil service 53 23 Employees held to be city employees 53 23 Employees—Status of 48 35 Fallout shelters not tax exempt 52 166 Liability of City as to volunteers 52 141 Liability of those volunteering structures or shelters .... 50 63 Liability of private persons for damages and injuries incident to 49 268 Medical expense of volunteer—City not responsible ... 54 60 Oaths required under—Procedure 48 115 Penalties could be added by ordinance 53 111 Workmen's compensation not applicable to volunteers... 52 141 54 60

CIVIL SERVICE COMMISSION— Abolished positions not covered in regulations 51 213 Abolition of jobs in classified service 52 68 Age of employees appointed in 48 70 Age requirements—Determined by Commission but em- ployees 55 and over when employed not eligible for Employees' Retirement System 42 111 42 112 Age requirements—May adopt 45 273 Airport Board—Director appointed without regard to. . 48 43 Air Research and Development Command employees not under 51 246 Appeals—No appeal from disciplinary order of Fire Board 44 66 Appeals—On examination ratings not required 47 130 Applicants—Duties and powers of Commission and ap- pointing officers 45 105 Applications—False statements on 47 240 "Appointing Officer"—Designation; duties 48 3 Appointments—Right of, under Charter 47 219 Arrangement for temporary employment of laborers of private corporation not in violation of law, in absence of eligible list 43 89 Aviation Department—Seniority among employees .... 47 54 Central Bureau of Investigation—Appointments by Mayor legal and are to be placed in Classified Service 42 44 98 OPINIONS OF THE CITY SOLICITOR

Volume Page CIVIL SERVICE COMMISSION—Continued: City Hospitals—Part-time librarian not under 49 70 City Hospitals—Visiting physician may be employed by contract 41 260 Civic Center—Director; status as employee 52 110 55 178 Civil Defense Organization—Deputy Director not sub- ject to classification under 53 23 Civil Defense Organization—Employees held to be city employees for purposes of 53 23 Civil Defense Organization—Employees; status 48 35 Classification—Change in, without examination 50 30 Classification of employees a duty of 48 65 Classification—State law prevails over charter 55 162 Classified service—Person receiving public pension not eligible 53 52 Communist—Power of Commission to adopt rule to re- move from eligible list or deny right to take examina- tions 41 76 Contractual appointment approved for specialized posi- tion 51 176 Contractual basis for hiring personal services 49 299 Disability Compensation Division — Appointment of Employees in 39 119 Dismissal or suspension of employees in—Cause for. ... 40 58 Educational employees—May determined who are.... 54 292 Educational employees—School Board may determine who are; not included in Classified Service 45 263 Eligible lists—May not be based upon race 51 126 Eligible lists—One name sufficient 55 10 Emergency appointments—Person over 70 48 129 48 215 Emergency appointments—Power of 48 70 Emergency appointments—Power to provide for 43 54 Employees—Age limit as to membership in Retirement System not inhibition against employment 41 151 Employees—May fix reasonable age requirements 45 273 Employees—May work part time in another department 39 100 Employees—No power1 to require physical examination; power of department heads 41 80 Employees retired on pension — Rules suggested to prevent re-employment 33 291 Employees—Rule as to dismissals where reduction in force is necessary 38 29, 35 OCTOBER 1, 1931—JUNE 30, 1963 99

Volume Page CIVIL SERVICE COMMISSION—Continued: Employees—Transfer from one bureau to another in same department, in same classification 46 284 Employer-employee relationship; requirements for 51 161 Equal Employment Opportunity Commission; regulations to be observed 51 210 Examinations—When not necessary, for reclassification 50 30 Fire Department; Salvage Corps members may not be blanketed in 51 263 Firemen—Eligibility requirements 39 54 Firemen—Restoration to duty of members on retired list 32 153 Firemen—Veterans cannot be exempt from physical requirements 44 128 Full time required for city work 52 41 General Assembly—Membership of employees in 52 107 Handicapped persons—Waiver as to disabilities 49 194 Health Department—Part-time janitors not in Classified Service 41 231 Incinerator employees—Transfer of 48 129 Labor Unions—Rule as to membership in any organiza- tion; cannot affect Charter provisions 37 39 Leave of absence without pay 39 15 49 1 52 107 Maintenance men — Repairing leaky pipes, etc., not plumbing 41 94 Medical examiners—Salary fixed by ordinance 36 126 Military leave—No pay during 49 274 Military service—Status of employees entering 40 40 Municipal music—Applicable to certain employees.... 41 217 Pardon—Effect of as to applicant for examination 46 104 Park Police—Pardon of applicant for 46 104 Park policemen—No jurisdiction when deprived of leave of absence 41 67 Part-time employees—Physical examination 49 58 Part-time employees—To be examined as necessary. ... 48 150 Payment accepted by employee for outside work 49 198 Pensioned employees may be re-hired by rule 52 246 Pensioned police employees eligible to take examinations 38 6 Pensioner—Requirement as to employment by City. ... 44 65 Physician at City Hospitals—Not required to be resident of City 40 174 Police—Commissioner entitled to entire eligible list for Personnel Officer 45 257 100 OPINIONS OF THE CITY SOLICITOR

Volume Page CIVIL SERVICE COMMISSION—Continued: Police Department examinations—Conviction as discred- iting factor 49 50 Political activity of employees—Regulated 49 13 52 107 Post Mortem Examiners—Employees in merit system. .39 31 Powers as to discharge of employees; rule as to leaves of absence invalid 41 67 Probationary period —• Calculation of time 45 175 Probationary period—Discharge of employee; time of notice 45 175 Probationary period—Employee may be removed with- out cause during 45 101 Probationary period—Leave of absence during 49 1 Probationary period—Members of Service 47 52 Promotional examinations—Suspended employees should be permitted to take under certain conditions 45 144 Public welfare—Recipients not under 52 292 Purchasing Agent—Requirement to place under 39 225 Recreation Department — Authorized to blanket em- ployees into service 39 77 Recreation Department—Classification of part-time em- ployees 39 161 Re-employment of persons receiving pensions 43 159 Re-employment—Order of placing names on list 42 13 Regulatory powers of, discussed 52 107 Rules and regulations—State law takes precedence.... 52 26 Rule- No. 2, 4 construed 55 162 No. 24A construed '. 49 117 No. 31 construed 55 10 No. 48—Leave of absence without pay 49 1 No. 50A construed 49 117 No. 54—"For cause" nugatory 45 102 Nos. 55, 56 construed 55 178 Rule 56 (0)—Political activity 49 13 Rule 5080—Military leave 49 274 Rules—Cannot affect authority of Department head to remove subordinates 37 39 Rules—Certification of person of higher classification to fill lower classification; conditions 41 97 Rules—For suspension of employees 50 351 Rules—Requiring dismissals in accordance with length of service 38 29 Salvage Corps member may not be blanketed in 51 263 OCTOBER 1, 1931—JUNE 30, 1963 101

Volume Page CIVIL SERVICE COMMISSION—Continued: School Board—May determine educational employees. . 45 263 School cafeterias—Employees in 48 90 School cafeterias—Employee held not in Classified Serv- ice 49 8 Secretary of Port Development Commission not under 45 6 Seniority—Not to apply as to lay-offs 47 54 Seniority—Status of department is abolished 48 211 Sick leave—Rule as to 44 51 State law permits as to classifications 55 162 Student Nurses' Aides—Probationary period for 47 52 Students—Commission may permit "interne" to study public administration 43 150 Supervisor of Mechanical Operations—Not required to be licensed engineer 38 134 Suspended employee—Right to compensation denied. . 49 247 Technical personnel may be hired by contract 51 176 Temporary appointment of person over 70 48 129, 215 Temporary emergency appointments—Resolution in re 44 12 Titles of positions—Power to change 52 143 Vacation—Rules as to not applicable to Pratt Library, Court employees, etc 38 9 Vacation rule 45 111 Veterans—Federal statute cannot prescribe conditions for promotion in Classified Service 45 23 Veterans—May grant additional credits to 44 104 Veterans—May grant preferences in way of special cred- its 44 128 Veterans' preference—No power to provide by rule. ... 44 22 Veterans' preference—Preference credits 49 117 War Manpower Commission—Regulation No. 4 does not apply to employing City personnel 42 116 War Memorial employees—Not under 49 68 See also Employees. CLAIMS— Abatement of—City Solicitor's authority 50 157, 158 Against estates of decedents for hospitalization; filing 36 135 Baltimore City Hospitals—Balance of check after pay- ing 38 108 City Hospitals — City not liable for personal injuries received by student nurse 36 148 Commission on wages of employees secured during strike —No legal obligation 42 196 For medical services due to injury to employees not under Workmen's Compensation—City not liable for 35 4, 6, 14 102 OPINIONS OF THE CITY SOLICITOR

Volume Page CLAIMS—Continued: For property in connection with improvement of Ed- mondson Avenue; contract or agreement with Board of Estimates 32 111 For return of premium on cancelled policy — Comp- troller may adjust 33 298 For second instalment on account of bridge plans and specifications; delay by City in awarding contract en- titles engineer to payment 33 ' 196 For wages due by sub-contractor for plumbing work done at school building; City not liable in particular case 33 247 Injuries to minor—Release by foster mother and Depart- ment of Welfare 41 207 Notice by employees of sub-contractors 39 193 Old age assistance—Against estate of deceased 38 124 Payment upon approval by Board of Estimates 47 246 Release of, under Agreement and Release 52 115 Set-Off—Taxes cannot be used as 35 110 Vincenti v. Porter in re miniature golf course; City not liable for 34 88 See also Contractors; Contracts; Damages; Old Age Assistance; Workmen's Compensation.

CLASSIFIED MUNICIPAL EMPLOYEES ASSOCIATION— Held subject to anti-discrimination ordinance 52 215 Workmen's Compensation—Not covered by 38 74

CLASSIFIED SERVICE— See Civil Service Commission; Employees; Retirement System.

CLAW MACHINES— License for any "premises" 49 122

CLINTON STREET— Bulkhead—Permit for 33 163 Grade—Approval of change by City Plan Commission not required 41 166 41 167 COAL— Contract price — Adjustment account increased wages for miners 35 29 Increase in wage scale paid miners—Effect on bid. ... 49 85 License—Requirements for sale of 46 168 OCTOBER 1, 1931—JUNE 30, 1963 103

Volume Page COAL—Continued: License—Substitute vehicles 43 118 Licenses—Revocation of 43 50 Ordinance No. 1215, pending in City Council, to license sale of invalid in present form 34 44 Ordinance No. 1159, pending in City Council, for in- spection of "bootleg" coal is invalid in present form 34 46 Ordinance relating to weighing and delivery 43 198 Proration of renewal license fee 51 17 Tax on—Firm held not engaged in "processing" 50 114 Transporting—Solid fuel dealers' permit not required 48 10 Validity of pending Ordinance No. 324, relating to licensing retail dealers, etc 35 148 See also Fuel Dealers; Licenses. COASTING— Designating and roping off of streets, etc., for coasting 33 274 CODE— See Charter and Public Local Laws; City Code; Public General Laws. COKE— See Coal. COLLATERAL— Bank deposits—Change not permitted 54 304 See also City Collector. COLTS— License fees payable by 53 44 License requirement for games in Stadium 47 132 COLUMBIA INSTITUTE OF CHIROPRACTIC— Not "medical college" within meaning of Ch. 166, 1890 45 308 COMIC BOOKS— Proposed ordinance to prohibit sale of certain 46 282 Sale and distribution of objectionable 46 279

COMMISSION ON CITY PLAN— See Planning Commission.

COMMISSIONERS OF FINANCE— Borrowing money 33 73 Collateral for municipal bank deposits 54 304 Discretion of, in issue of bonds 53 16 See also Sinking Funds. 104 OPINIONS OF THE CITY SOLICITOR

Volume Page COMMISSIONER OF MOTOR VEHICLES— Receipts—City's share; how determined 35 63 COMMISSIONERS FOR OPENING STREETS— See Streets. COMMISSIONERS OF PRACTICAL PLUMBING— Power of, as to City employees 53 204 COMMITMENT PAPERS— Signatures required on 50 175 COMMITMENTS— Jail—To run consecutively 47 156 Magistrate cannot recall or amend; clerical error 49 233 49 254 49 277 Magistrate's power to correct error as to 48 68 COMMUNISTS— See Civil Service Commission. COMPTROLLER— Deputy acts in absence of Comptroller 42 261 48 166 Deputy not required to be registered voter 34 78 Deputy—To sign as "Comptroller" when acting as such 42 25 Division of Disability Compensation—Power to transfer 48 219 Oath of office—Not required as trustee in retirement systems 55 151 Resolution requests to take leave of absence 49 173 Succession in event of vacancy 53 140 Trustee in retirement systems—Oaths not required. ... 55 151 Unused property—May be rented 42 171 CONCESSIONS— Contracts for selling in parks—Failure to comply with 33 101 See also Parks.

CONCURRENT FINES— Payment; how construed 51 108 CONDEMNATION— Acquisition of vacant or abandoned property, held to be a proper public use 52 128 Airport—Power to condemn trees, etc., which are haz- ards to 41 21 Cemetery for Street Opening—Limitations as to 41 210 Church near airport 46 300 OCTOBER 1, 1931—JUNE 30, 1963 105

Volume Page CONDEMNATION—Continued: City may abandon proceedings for; off-street parking. . 46 79 Deteriorating property may not be acquired and resold for private development 55 1 Friendship Airport—Property outside boundaries to se- cure safe approaches 46 238 Furniture and furnishings held to be personalty 55 94 General discussion of sovereign's power 55 1 Jones Falls Expressway—Evaluation of property 50 338 Measure of damages for business; cost of relocating. ... 49 220 Moving costs—Discussion 52 189 Moving costs—Federal law allows one claim 52 244 Moving costs—Moving to location in same area 53 181 Moving costs—Number of claims from four tenants. ... 52 244 Moving costs—Payment for Civic Center 53 248 Moving costs—Provision cited 54 8 Moving costs—Purchased property; net payable 54 8 Moving costs—Tenant in contiguous properties 52 69 Off-Street Parking—Procedure 46 271 Ordinance required for exercise of power 47 136 Property for health district building 38 47 Property—Real and personal; discussion 55 94 "Public use" required; discussed 55 1 Railroad tracks in street—City's power to close street. . 50 259 Street—Continued use for railroad purposes 47 37 Surveyors—Interference in surveying for Airport un- lawful 45 95,96 Tunnel for water supply—Power to acquire 34 49 United States agency may condemn City property. ... 45 89 Urban renewal—Powers only in designated areas 55 1 Valuation procedures construed 50 84 Water supply—Procedure for 43 180 See Airport; Land. CONDUITS— Charges—Detailed discussion of 54 37 C. & P. Telephone Co.—Franchise irrevocable 33 64 Defective; procedure to have corrected or removed. ... 46 190 Electric cables—cost of changes 52 1 Notice to be given before laying on streets where tracks are laid 35 42 Railroads — When must protect tracks when conduits are laid 35 42 Rentals; change in rates 33 64 W. B. & A. Railroad Co.—Rental for duct space; obli- gations of receiver 35 42, 45 106 OPINIONS OF THE CITY SOLICITOR

Volume Page CONFLICTS OF INTEREST— Sales to contractor or sub-contractor do not involve, for member of unpaid Commission 53 1 CONOWINGO DAM— See Susquehanna River. CONSECUTIVE SENTENCE— Term construed 50 107 CONSERVATION AREAS— Bill as to, not recommended 49 71, 75 CONSOLE MACHINES— License for any "premises" 49 122 CONSOLIDATED GAS, ELECTRIC LIGHT AND POWER COMPANY— Bid for gas; City protected 33 127 Ordinance required for transmission of high voltage. 32 61 CONSPIRACY— Conviction does not disqualify contractor for further bids 49 282 "CONSTELLATION"— Fund for restoration may not be used for promotional campaign . 51 113 CONSTITUTION OF MARYLAND— Sections construed and cited— Declaration of Rights— Articles 1, 4 49 30 Article 3 49 257 Article 15 ...... ". . .'.'.'.' . . . 32 21 34 36 50 282 55 136 Article 17 . 42 177 Article 23 35 211 46 116 48 132 49 257 . 54 116 54 150 54 169 Article 25 • •• • • 41 152 Article 35 . , 34 42 38 115 OCTOBER 1, 1931—JUNE 30, 1963 107

Volume Page CONSTITUTION OF MARYLAND—Continued: 39 100 42 188 44 97 45 194 48 104 50 303 Article 1— Sec. 1 37 120 Article 2— Sec. 13 44 94 Sec. 15 49 126 Sec. 20 46 107 Article 3— Sec. 15 47 144 48 139 48 162 Sec. 17 38 116 Sec. 29 32 41 44 97 Sec. 33 32 24 53 37 Sec. 34 54 116 53 43 Sec. 35 44 92 44 94 50 43 51 82 51 92 51 236 51 262 52 92 Sec. 40 42 89 42 147 44 60 52 128 55 1 Sees. 40, 40A 35 156 41 154 Sec. 49 49 30 Sec. 52 36 49 Sec. 54 53 37 53 43 Article 4— 51 198 Sec. 1 44 97 108 OPINIONS OF THE CITY SOLICITOR

Volume Page CONSTITUTION OF MARYLAND—(Continued): Sees. 19, 20 45 226 Sec. 31A 48 ' 119 Sec. 41A 44 19 Sec. 42 44 94 50 234 Sec. 44 48 24 53 59 Article 5— Sees. 7, 9 45 237 Article 7— Sec. 2 33 305 Article 8— Sec. 1 54 273 Article 11— Sec. 5 32 181 34 101 45 291 49 126 50 19 50 43 53 1 Sec. 7 33 60,73 36 81 36 141 39 60 43 239 44 104 45 74 46 111 46 228 46 277 46 294 47 264 48 162 48 288 49 64 50 270 53 16 53 37 53 43 53 77 55 136 55 167 OCTOBER 1, 1931—JUNE 30, 1963 109

Volume Page CONSTITUTION OF MARYLAND—(Continued): Articles 11, 11 A— 49 30 Article 11A— 41 240 43 21 44 26 49 117 54 150 Sec. 1 33 60,77 52 49 54 14 55 162 Sec. 2 42 50 Sec. 3 33 82 40 37,55 51 36 Sec. 4 33 82 48 35 52 26 54 14 Sec. 5 45 183 47 123 51 130 Sec. 6 42 72 Article 1 IB— 46 294 46 307 48 94 50 88 50 202 54 235 54 251 55 1 Sees. 1,2 55 76 Article 11C— 46 76 53 105 Article 1 ID— 48 153 49 95 Article 17— Sec. 8 44 93 51 92 CONSTITUTION OP THE UNITED STATES- Sections Construed or Cited—• Article 1— Sec. 10 52 233 14th Amendment 50 1 54 116 110 OPINIONS: OF THE CITY SOLICITOR

Volume Page CONSTITUTION OF THE UNITED STATES—Continued: 54 150 54 169 CONSTRUCTION PROJECTS— Changes—Power to approve 54 14

CONSUL— Not exempt from securing dog license 40 10 CONSULTANTS— Employment of 46 25 Power of Board of Estimates to hire 51 216 CONTINGENT FUND— Not limited to $50,000 32 139 Power of Board of Estimates to expend for conventions on approval of application by Mayor 37 72

CONTRACTORS— Application of "Federal Hours and Wages Law" 38 6 Cannot be required to agree not to pay less than a minimum rate 32 169, 171 Claim for extra work in reconstruction of Western High School 32 104 Claim for material furnished sub-contractors 32 97 Claims of sub-contractors to funds retained by City; assignment of 33 ] Claims—No obligations on City to retain money to protect interest of claimant 34 75 Conspiracy conviction does not disqualify for further bids 49 282 Employees—Discharge; procedure 54 113 Health and welfare fund—Payments into, not wages. . . 53 155 Increased costs under N. R. A.—City cannot compen- sate for 33 169 Laborers—Classification of under contract, but not num- ber of each class to be determined by Sewage Engi neer, under PWA control 37 129 Liable for claims against 35 1 Liability of bond for default in performance of contract 34 140 Minimum wage ordinance enforced 53 28 Sales to, by member of unpaid Commission, not a con- flict of interest 53 1 Snow cleaning equipment—Held subject to bidding pro- cedures 53 121 Streets—Responsibility for damage or accidents 49 154 OCTOBER 1, 1931—JUNE 30, 1963 111

Volume Page CONTRACTORS—Continued: Sub-contractors—Rights of, in default of contractor. . 32 34 Surety bond refund not required after 10 years 53 221 Sub-contractors—Rights of in default of contractor. ... 32 34 Wage scales — City cannot enforce observance of for city work 34 57 When to employ residents of City in doing public work 32 240, 247 See Bonds (Surety); Contracts.

CONTRACTS— Advertisement of proposals and contract awarded as re- quired by Charter 46 287 Advertising—Requirements; additional advertising. ... 41 40 Advertising taxes—Federal sub-contractor exempt 51 242 Agreement and Release given effect 52 115 Airport—City riot exempt from liability 47 16 Air Station—Effect of alterations on original construc- tion contract 41 19 Appraisal of real estate for People's Court Building 46 290 Architectural Services (School)—Invalid where some members of firm are engineers 43 218 Assignment of claim; effect of 33 1 Assignment of contract by consulting engineers 36 134 Assignment of sub-contract—Approval by proper offi- cial necessary 37 115 Aviation Commission; extension of, without bids 51 31 Award—Principles of, discussed 52 252 52 263 Award—To bidder creates contract 52 96 Bids—Advertising, as in Charter required 51 149 Bids—Board of Awards may waive technical defects in 40 81 Bids—Cannot be changed after submission 38 24 Bids—Certain irregularities may be waived 45 158 Bids—Elimination of item by mutual consent 44 2 Bids—Necessary for the purchase of equipment of Food Service Company by Park Board 40 36 Bids—No right to reject on account of non-union bidder 36 130 Bids—Several items of same contract; method of de- termining total bids 32 37 Bids—Unbalanced; policy and procedure with respect to 45 68 Bids—Variation in price on copies of bids held not vital 36 97 Bids—See also under that heading. Bonds—For labor and material and for performance; liability not increased by requiring separate bonds for performance and for labor and material 37 63 112 OPINIONS OF THE CITY SOLICITOR

Volume Page CONTRACTS—Continued: Bonds—Single surety contrasted with co-surety bond 36 30 Bonds to cover—Unnecessary as to immediate deliveries 48 107 Broadway Development Corporation—Return of deposit to 47 251 Cannot be modified after award to include "processing tax" 33 207 Certificate in bid of meeting specifications, not required 51 26 Certified Check—To be retained by City when con- tractor goes into bankruptcy without completing con- tract 46 286 Changes in Powers as to 54 14 Cherry Hill School—Contractor not entitled to increased payment on account of increased wages authorized by Wage Board 45 54 City building—For demolishing 33 19 City not liable for Social Security Tax, etc., of contractor 40 35 Claims—Labor and material furnished sub-contractor; contractor not liable for 33 79 Claims—One principal against another 39 207 Claims—Sub-contractor; retention by city of funds due contractor 34 37 Claims and releases—Approved by Board of Estimates 47 246 Competitive bids required for sale of surplus materials 51 136 Concessions—Selling in parks 33 101 Contractor—Not entitled to increased payments on ac- count of wage increase authorized by Wage Adjust- ment Board 45 54 Cost exceeding $2,000; procedure 51 40 Cost plus basis—Does not include cost of supervision by foreman 35 136 Deduction of amounts owed to City before playing for, held to be proper 52 169 Department of Recreation—Contracts for construction of facilities 40 135 Discrimination in employment may be forbidden by. . . 52 191 Drawings of materials and equipment to be furnished. .50 13 Employees—Notice of claims against contractor 39 193 Error in bid—Request for cancellation denied 51 69 For personal services—Sees. 14 and 15 of City Charter do not apply to 37 11 For property in re Edmondson Avenue improvement agreement with Board of Estimates 32 111 Franchise—Grant of, constitutes contract 47 32 General cargo terminal—City may finance 50 288 OCTOBER 1, 1931—JUNE 30, 1963 113

Volume Page CONTRACTS—Continued: Greenspring Avenue repaving—Construed 48 63 Harbor Field—Agreement to moor Army boat at 47 231 Hours of work and wages—Ordinance not applicable to manufacturer of pumps, etc 45 8 Hours and wages—Provisions to be enforced 50 12 Housing Authority not bound by provisions of Charter as to expenditures of $500.00 or more 39 109 Impairment—Federal Constitutional provisions discussed 52 233 Insurance—Duty of contractor to provide 37 64 Jones Falls sewage pumping station—Supplemental agreement valid 47 262 Labor and materials—Claims for due by sub-contrac- tor; general contractor not liable 33 79 Leasing of property for advertising purposes 38 1 Liability of; insurance required 50 171 Liquidated damages—Discussion as to City's claim for 50 277 Maximum hours and minimum wages should be included in contract for cleaning markets 45 6 Members of Board of Estimates necessary for approval 49 133 Minimum hourly wage rates—Applicable when pre- scribed by Board of Estimates 44 110 Minimum wages—See also under that heading. Minors—Ability to execute 48 14 Monies due primary contractor to be held for releases. .48 123 Municipal employees—Cannot be interested in contract 32 180 Motor vehicles—Removal when obstructing streets. ... 50 166 Municipal office building—Lease 47 288 Office holder not to be interested in 50 19 Officer—May not be interested in 45 291 Officials not to be interested in 34 101 Off-street parking agreements—Insurance requirements 49 180 "Orioles"—Right of professional baseball in stadium. .50 17 Over $5,000—Board of Estimates to approve 47 25 Park Board—Power to lease Stadium for baseball 44 52 Parking Meters—Bids should be invited unless particular is unique, etc 45 203 Patapsco—Liberty Road Tunnel—Provisions construed 47 139 Paving—Cancellation of streets on account of delays of builders 46 88 Paving Fayette Street—Provisions as to materials, etc... 41 188 Paving—Terminated because of builder's delay 52 35 Payments retained by City used to pay sub-contractor. .47 274 People's Court Building — Withholding payment for claim 49 140 114 OPINIONS OF THE CITY SOLICITOR

Volume Page CONTRACTS—Continued: Personal services—Physicians 49 299 Plumbing work—Corporation may be awarded contract to do; conditions 34 102, 105 Port Covington—Construction of 49 208 49 236 Power of Chief Engineer under specifications as arbi- trator to allow extra compensation 32 30 Payments retained by City used to pay sub-contractor. . 47 274 Power to employ musicians by contract 41 217 Prices—No authority to increase contract price on ac- count of authorized price increase by OPA 45 80 Proposed contract with General Motors considered un- desirable 46 197 Public improvements 46 83 Radio system—Five-year lease approved 50 75 Razing building—When competitive bidding inappli- cable 35 137 Record of employees of contractor required 50 110 Refunds—Payments made in error 35 107 Release of retained percentages before due and payable 47 238 Release of retained percentages discussed 51 233 Release to contractor given effect 52 115 Requirements as to , 46 52 Retained percentage may be paid before expiration of period fixed in contract if City authorities think desirable 33 269 36 108 Retained percentages not to be used on other claims. .51 110 School Desks—No authority to increase contract price on account of authorized price increase by OPA. ... 45 80 Schools—Who must approve 48 67 School work—Supervision of 49 290 Set off of amounts owed to City held proper 52 159 Sheeting, etc., left in place after completion—When compensation allowed for 33 285 Sludge—May contract for erection of plant for disposal for any length of time 45 168 Social Security taxes of contractor—City not liable for 40 35 Specifications for 47 34 Specifications cannot require locally manufactured ma- terials 32 247 Specifications not met in delivered merchandise 51 244 OCTOBER 1, 1931—JUNE 30, 1963 115

Volume Page CONTRACTS—Continued: Street work contracted prior to Ordinance 644 51 67 Sub-contractor's claims against contractor upheld—Lim- itations 50 132 50 307 Sub-contractor not paid — Monies due primary con- tractor to be held 48 123 Supplemental—When bids necessary 47 139 Surplus materials—Bids required for sale 51 136 Terms of, prevail over purchasing agent's erroneous de- scription 49 206 Time—No limit as to length of contract 45 168 Time not essence of; lowest bid to be taken 48 79 Tires—Bid for tires not covered by specifications 36 136 Transfer or assignment with approval of Highways Engineer 34 3 Unpaid balance—City should not retain to pay claims for material and labor furnished sub-contractors. ... 33 79 Utilities installation—Terminated because of builder's delay 52 35 Water tunnel—Bond protects City for damage done by contractor 37 46 Western Maryland Railway—Obligation as to War Risk Insurance 41 227 See also Bids; Bonds; Claims; Coal Contractors; Purchases; Water.

CONTROL— Meaning, in connection with off-street parking 46 79

CONVALESCENT HOMES— Authority for—General discussion 54 101 See also Hospitals; Nursing Homes.

CONVEYANCES— Joint tenancy—Construction of deed 50 61 Restrictive covenants in—Discussed 50 251

COOPERATIVE APARTMENTS— Multiple dwelling ordinance—not subject to 52 263 Subject to multiple family dwelling ordinance 54 237

COPYRIGHTS— Not infringed by photocopies for research use 53 164 Photostat copy of music Provisions as to 39 180 116 OPINIONS OF THE CITY SOLICITOR

Volume Page CORPORATIONS— Application and advertisement by non-existing corpo- ration does not affect validity of ordinance if cor- poration is incorporated before passage of ordinance 35 88 Charters forfeited 42 34 Ordinance—Name of fictitious corporation is nullity. . 35 56, 88 Cosmetology—Electrology is a part of 52 25 COST PLUS— See Contracts. COSTS— Peoples Court—Cannot be refunded after payment has been made 38 76 Suits for collection of taxes; cannot be returned to tax- payers 36 41

COUNCIL— See City Council. COUNCILMANIC DISTRICTS— To be changed by charter amendment 49 30 COURT COSTS— Bill for costs in case removed to Baltimore County proper charge 41 168 See also Veterans. COURT HOUSE— Expending proceeds of loan for 47 152 Superior Court—Duty to clean offices 49 45 COURTS— Advertisements exempt from advertising tax 51 187 Appeals; guarantee of payment of costs 51 225 See also Peoples Court; Criminal Court.

COVENANTS— See Deeds. CREDITORS— Priority of, after execution 55 191 CREDIT UNIONS— Federal—Not exempt from utilities tax 52 280 CRIMINAL COURT— Costs—Bill of doctors as to sanity of defendant 38 114 OCTOBER 1, 1931—JUNE 30, 1963 117

Volume Page CRIMINAL JURISDICTION— Anne Arundel County has exclusive criminal jurisdic- tion over Friendship Airport 45 226

CRIMINAL LAWS— Prevail over civil matters 50 161 CRIMES- TWO sentences are concurrent, unless otherwise provided 51 52

CROWNSVILLE STATE HOSPITAL— Duty to support son at 49 120

CRUELTY TO ANIMALS— Fines—Disposition of 41 41

CURFEW— Baseball games in Stadium 47 188

CURTISS-CAPRONI CORPORATION— See Airport.

CUSTOM HOUSE ALLEY— Right of U. S. to condemn 40 72

CYLBURN HOME— Withholding tax on living allowances 50 33

D

DAIRIES— Pasteurization Permit—May be granted to applicant who is tenant of landlord whose permit had been re- voked ; facts to be determined 36 110 See also Health; Milk.

DAIRY PLANTS— Power of Health Commissioner to make regulations concerning milk handled in 34 27 See also Milk. DAMAGES— Civil defense activities—Liability 49 268 Claim on account of falling in City Hall 38 92 Cloudburst damage—No liability in City 49 161 Contractor's bond protects City as to, for construction of water tunnel 37 46 118 OPINIONS OF THE CITY SOLICITOR

Volume Page DAMAGES—Continued: Excessive vibrations caused by laundry—Rights of prop- erty owners 41 57 Grading Alley—City not liable for consequential dam- ages 46 60 Liability for consequential in grading street 40 1, 53 Liability of City for malpractice at City Hospitals 39 120 Liquidated—Discussion as to City's claim for 50 277 Physician at Baltimore City Hospitals liable for own negligence 34 33 Pratt Library—Not liable for accident when window blew out 40 164 Riparian Owners—Liability of City for changing natural flow of water 46 135 School Board—Not liable where motor vehicles are oper- ated by students 44 74 Sewers—City not liable for choked sewer, without knowl- edge 37 125 Street contractor's responsibility for 49 154 Valuation, as to property acquired by City 50 84 See also Fire Department; Streets. DAMS— See Water. DANCING ACADEMY— License for operation of 39 150 DANCING SCHOOLS— License may be transferred 50 139 License not required for Y. M. C. A 50 170 DATE OF FINALITY— Abatement of assessment after, proper if assessment is erroneous 52 54 Appeals filed after—When refunds to be made 50 36 Assessment abated after 50 15 Establishment upheld 52 184 How set; effect of 48 71 October 1 enforced as 51 74 Right to tax exemption based on 49 201 Semi and quarter-annual—Discussed 52 171 "DAY"— Word construed as to prisoner's sentence 51 179

DAY LABOR— See Labor. OCTOBER 1, 1931—JUNE 30, 1963 119

Volume Page DAY NURSERIES— Rules and regulations governing 34 5 DAYLIGHT SAVING TIME— Charter amendment for 47 168 DEAD BODIES— Removal from cemetery; conditions 35 68 DEATH BENEFITS— See Retirement System. DEATH CERTIFICATES— Errors—Health Commissioner may correct 32 279 Held within Records Management program 54 290 DEBT— Requirements of Art. 11, Sec. 7 of Constitution 36 80 DECISIONS— Memorandum as to power of boards to review decisions of predecessors 43 133 DECLARATION OF RIGHTS— See Constitution of Maryland. DEDICATION— Streets—Land not included in area of lot for zoning purposes 52 5 Streets—Roland Park Water Tower 52 86

DEEDS— B. & O. R. R. Co.—Right-of-way on Erdman Avenue. . 43 98 Covenants running with the land; discussed 53 63 Restrictions in, do not supersede Zoning Ordinance 46 193 Reverter clauses; Mt. Royal Station property 53 63 Tax sale deed eliminates restrictions on use 54 246 See also Conveyances; Taxes—Recordation tax.

"DE FACTO" AND "DE JURE" COMMISSIONS— Status 47 66

DEFENSE HOUSING— Contract for 41 122 Power to select sites 42 208, 212 See also Federal Works Agency.

DEFINITIONS— "Prior to" construed 49 293 Sub-division plans 46 115 120 OPINIONS OF THE CITY SOLICITOR

Volume Page DELAY— See Claims. DELEGATION OF LEGISLATIVE POWER— Billboards—Planning Commission given power to retain 47 154 Discussed 53 52 DEMOLITION— Costs—Collection procedures discussed 54 189 DEPARTMENT HEADS— Power to make appointments 39 13 Should appear and testify before City Council 49 279 DEPARTMENT OF AVIATION— See Aviation. DEPARTMENT OF MUNICIPAL MUSIC— See Municipal Music. DEPARTMENT OF PUBLIC RECREATION— See League of Maryland Sportsmen. DEPARTMENT OF PUBLIC WELFARE— See Public Welfare. DEPARTMENT OF PUBLIC WORKS— Building—Demolishing on bed of proposed street 33 26 Charter provisions as to 52 191 Transfer of functions of a bureau 52 92 See also Public Works. DEPARTMENT OF RECREATION AND PARKS— See Recreation and Parks. DEPOSITS— Broadway Development Corporation—Return of 47 251 For bid—May not be returned 47 235 See Water Mains. Interest—City not entitled to on demand deposits in Federal Reserve Banks 33 158 Liability of City Register for custody of collateral to secure 43 14 Security of, in case of public funds 32 29 DEPUTY COMPTROLLER— Not required to be registered voter 34 78 See also Comptroller. DEVELOPERS— Subdivisions—Power to require recreation areas 54 150 OCTOBER 1, 1931—JUNE 30, 1963 121

Volume Page DIESEL FUEL— Tax on, construed 52 164 DIRECTOR OF PUBLIC WORKS— See Public Works. DISABILITY COMPENSATION— Employee—Hospital and surgical expenses; no proceed- ings to collect 46 254 Powers and duties 45 106 Transfer of Division—Power as to 48 219 DISCOUNTS— See Taxes. DISCRIMINATION— Anti-discrimination ordinance held constitutional 49 257 Classified Municipal Employees Association held sub- ject to ordinance 52 215 Contracts may contain anti-discrimination provisions ... 52 191 DISSOLUTION— Partnerships; when license necessary for sale of goods ..51 116 DISTRAINT— See Taxes. DISTRESS FOR RENT— Applicant not entitled to refund of court costs where summons not served because tenant had moved. ... 36 102 DISTRICT HEALTH BUILDING— Loan funds for 46 241

DITCH— See Drainage.

DOCKS— Authority of City to permit erection of 41 11 City may permit Maryland Dry Docks Company to erect at end of Childs Street 41 11

DOG POUND— Advertisement not necessary for issuance of permit. ... 32 62

DOGS— Charter amendment as to impounding 47 168 Collection of stray animals 47 159 License—Consul required to secure 40 10 License year 40 3 122 OPINIONS OF THE CITY SOLICITOR

Volume Page DOGS—Continued: Redemption of, after seizure by S. P. C. A 34 120 Renewal of S. P. C. A. contract; competitive bidding; terms 47 107 DOG TRACKS— Power of City to license; conditions 47 146 DOMICILE- HOW to determine 47 146 Meaning of term 36 84 What constitutes 36 71 DOWNTOWN HOTEL— Revocation of permit inadvisable 47 179 DRAINAGE— Flooding—Counties responsible for, if they cause 55 120 Flooding—Responsibility for; general discussion 55 43 55 79 Prescriptive right of City and/or property owner to use of ditch or stream 41 127 DRIVEWAYS— Parking in front of or on 50 299 Parking restriction—No dedication intended 47 237 Permitted on public right-of-way 55 62 DRUG ADDICTS— Commitment, treatment of 48 132 DRUGS— See Narcotics. DRUID HILL PARK— Lighting system—Replacement 47 81 Train concession held valid under Zoning Ordinance ... 53 89

DRUNKARD— Habitual—Warrant for 48 132

DRUNKEN DRIVING— See Street Car.

DUE PROCESS OF LAW— Commitment of drug addicts 48 132 General principles of 48 182 DULANY VALLEY ROAD— Speed limit cannot be fixed by State Roads Commission on part maintained by City without additional legis- lation 45 204 OCTOBER 1, 1931—JUNE 30, 1963 123

Volume Page DUNDALK COMPANY— Refunds for water main installations 43 57 DUTCH ELM DISEASE— Removal of trees infected by 48 200 DWELLINGS— Heating systems; building code requirements 51 18 Vacant or abandoned—Acquisition is proper public power 52 128 See also Buildings; Multiple Dwellings. DYNAMITE— Dynamite—Storage of 39 187

E

EASEMENTS— Hospital—Grant to, held not valid 55 114 Obligation of City where street is opened after acquire- ment of easement 32 91 Removal of tracks by railroad companies, abandoned easement and property reverted 35 102 EAST-WEST VIADUCT— See Bath Street Viaduct. ECONOMIC DEVELOPMENT— City's power to encourage industry; discussed 55 136 EDISON HIGHWAY- NO abatement of minor privilege charge until tunnel is removed 43 41,42 EDMONDSON AVENUE— Agreement of Board of Estimates for property in con- nection, with improvement of 32 111 EDUCATION, DEPARTMENT OF— Contribution for employees, to Teachers' Retirement System 51 143 See also Schools.. . EIGHT HOUR DAYS— Employees—When excess is justified 52 163 ELECTIONS— City employee as clerk of 49 13 Employee hired for, after age 70 51 63 124 OPINIONS OF THE CITY SOLICITOR

Volume Page ELECTIONS—Continued: Employees of Board 48 61 Employees of Board—Power to hire, set compensation. . 50 225 See Fire Department; Primary Elections; Supervisors of Elections. Permanent Registration Equipment—Purchase of 38 6& Supervisors—Item in Budget for extra help is valid. ... 33 75 Supervisors—Salaries 51 92 Voters—Cost for certified list of; accounting for fees. .37 110 Voting machines—Buildings for storage 37 1, 30 Voting machines—Use of 33 11 War Ballot Commission—Emergency expenditures for. . 43 236 See also Fire Department; Primary Elections; Su- pervisors of Elections ELECTRICAL IMPROVEMENTS— Responsibility for moving, for street improvements. ... 52 1 ELECTRICAL WORK— Fire Department—Repair work, etc., may be done by employees of Department without license 42 127 Portable Extension Cords—Procedure when in violation of Building Code 46 123 ELECTRICIANS— City Hospitals; Master Electrician required for 51 163 See also Elevators. ELECTRIC SIGNS— See Signs. ELECTRICITY TAX— Imposed on gross bill; effect of company credit 50 197 See also Taxes—Utility Tax. ELECTROLOGY— Not a profession under zoning ordinance 52 25 ELEVATORS— Electrical Work—Bureau to determine necessity of hav- ing licensed electrician to sign applications 46 302 Refund of inspection fees overpaid 54 233 ELLAMONT STREET BRIDGE— Obligations of Pennsylvania Railroad Co 33 131 EMBALMING— Only licensed embalmers may do 34 4, 41 EMERGENCIES— Succession in municipal government 53 140 OCTOBER 1, 1931—JUNE 30, 1963 125

Volume Page EMERGENCY APPOINTMENTS— See Civil Service Commission.

EMERGENCY CHARITY ASSOCIATION, INC.— Employees included in prior service provision in Re- tirement System 49 226

EMERGENCY EMPLOYEES— See Civil Service Commission.

EMERGENCY EXPENDITURES— War Ballot Commission—Absentee voting 43 236

EMERGENCY LOANS— Powers of City as to 49 64 See also Nursery Schools.

EMERGENCY WORK BUREAU— Johns Hopkins Hospital — Not liable for injuries to workmen sent by Bureau 32 193 EMINENT DOMAIN— See Condemnation.

EMPLOYEES— Accidental Injuries — Payments when not covered by Workmen's Compensation; procedure 45 211 Accidents—Leave with pay 35 99 Age for compulsory retirement 50 165 Appointment—Right of, under Charter 47 219 Assignment of wages not enforceable against City 32 242 Charles Center—Assistants to general manager covered by bond 52 76 Citizenship not required for 47 230 Claim of City may be used as set-off against unpaid salary and pension benefits 35 154 Classified Municipal Employees' Association—See under that heading. Continuation after age 70 51 260 Collective bargaining—Rights discussed 52 215 Contract may include anti-discrimination provisions. 52 191 Contract with City—Cannot be interested in 32 180 Contractor's employees—Discharge; procedure 54 113 Cut-off—When effective 47 112 Day Care center—Employees of not City employees 45 91 Deceased—Disposition of unpaid salary 47 151 Deceased—Payment of accrued salary 36 143 Deceased—Payment of salary for; common law wife. ... 47 119 Deceased—Salary due to be paid to estate 33 126 126 OPINIONS OF THE CITY SOLICITOR

Volume Page EMPLOYEES—Continued: Disability payments for 48 1 Dismissal or suspension from City Service 40 58 Dismissal—When suffering from venereal disease 40 203 Dismissals where positions are reduced or abolished; Civil Service Rules 38 29, 35 Dual employment approved for non-officers 50 43 Educational—Contribution to Teachers' Retirement Sys- tem 51 143 Educational—Determination of who are 54 292 Eight-hour work days—When excess is justified 52 163 Eligibility list may not be based upon race 51 126 Emergency appointments—Power of Civil Service Com- mission to provide for 43 54 Employer-employee relationship; requirements for .... 51 161 Fire Department; See under that heading. Former employee may be re-hired after age 70 51 63 Full time required on City work 52 41 General Assembly—Membership in 51 209 52 107 Harbor Engineer—Abolition of position 52 92 Heads of departments—Power to remove, require physi- cal examination, etc 41 80 Hospital and medical expenses—Inadvisable for proceed- ings to collect 46 254 Income tax on living allowances 47 241 Income taxes; City cooperates to collect Federal liens... 51 220 Income withholding tax on institutional employees. ... 50 33 Injured while being transported from one location to another; City liable 41 45 Injuries—City may pay for time lost on account of in- juries in performance of duties 45 118 Injuries—"In line of duty" construed 50 101 Jail—Guards may join union 54 182 Jail—Hours of work construed 54 182 Janitors—Part time employees not in Classified Service 41 231 Jury service—Exemption 46 42 Laborers—Emergency loan for pay raise 49 64 Laborers—Medical examination for re-employment after temporary lay-off 35 9 Laid off—Order of placing on re-employment list 42 13 Leave of absence 39 210 Leave of absence for illness—Discussion of 50 257 OCTOBER 1, 1931—JUNE 30, 1963 127

Volume Page EMPLOYEES—Continued: Leave of absence with pay—Subject to Fire Commis- sioners 50 26 Leave of absence without pay—Board of Estimates reg- ulates 52 107 Liquor License Commissioners—Age of part-time em- ployees 50 125 Living expenses held subject to income taxes 53 117 Military service—Status of those entering 40 40 Minors at Hamilton Recreation Center—Status 49 136 49 171 Negligence—Liability of City as to 52 167 On Leave—Still in service 43 172 Organization—Department cannot delegate control to. . 42 20 Part-time employee may be employed to do other work.. 45 202 Part-time—May work in 2 departments 39 100 Part-time—Recreation Department 39 100 Pension does not restrict rehiring of 50 25, 56 50 225 Pensioned—May be re-hired by rule 52 246 People's Court; legal holiday observed by 51 198 Police Department—Deaths in line of duty 50 359 50 361 Political activity of 52 107 Positions—When may be employed in two 45 269 Power of appointment in department heads 48 211 Power of department heads to make appointments 39 13 Probationary period—Discharge during 45 175 Public welfare working recipients 52 292 Recreation Department—Employees on 5-day week. ... 39 13 Registered voter—Not required to be 39 50, 54 "Regular" and "part-time" discussed 53 102 Regular and permanent employment—Test 50 50 Reinstatement after war service; compensation 44 134 Residence—Not required 40 174 Resignation—Discussion as to what constitutes 50 230 Retirement System—See Retirement System. Salary standardization—Ordinance advisory only 40 153 Salaries, wages and pension funds not subject to attach- ment 35 152 Salaries—Ordinance relating to use of appropriations for positions abolished 38 33 Salary overpayment not recoverable from annuity sav- ings account 51 60 128 OPINIONS OF THE CITY SOLICITOR

Volume Page EMPLOYEES—Continued: Salary raises for Orphans' Court, City Council, State's Attorney, Board of Municipal and Zoning Appeals . . 51 236 51 25£ 51 262 Schedule of minimum and maximum salaries of classi- fied , 36 126 School nurses—May be employed by Health Department during vacation period 45 269 Schools—Covered by workmen's compensation 50 116 Schools—Questions as to race; photographs 50 341 Schools—School Board may increase number 50 342 Schools—See under that heading. Seniority rules applicable to 48 211 Sick leave—Procedure as to 35 6 Suspended—Right to compensation denied 49 247 Teacher in night school may be investigator in Welfare Department 35 5 Teacher in War Nursery School not City employees. ... 43 227 Temporary—Discussion as to 50 45 Titles of positions—Power of Civil Service Commission to change 52 143 Transfer from one bureau to another bureau in same department with the same classification 46 284 Union—City cannot make contract making membership in Union condition for entering or remaining in service 41 257 United States Coast Guard—Provisions while absent serving in 42 244 Vacation allowance; authority of appointing officer 45 111 Vacation and holiday work for other departments ap- proved 50 198 50 200 Wages due missing employee 49 289 Wages not subject to attachment, while in hands of City 51 223 Waiver from employee previously injured; form of. ... 41 10 Waivers—Not effective after service begins 44 44 Waivers—When valid 41 80 War Production Training Program—Not City employees 43 161 50 22 50 118 51 42 When may occupy two posiions 45 269 When not required to give bond 44 78 OCTOBER 1, 1931—JUNE 30, 1963 129

Volume Page EMPLOYEES—Continued: Workmen's compensation—Discussed 52 196 See also Civil Service Commissioners; Equal Em- ployment Opportunity Commission; Fire Depart- ment; License Commissioners; Retirement Sys- tem; Teachers; Vacations; Workmen's Compen- sation. EMPLOYEES' RETIREMENT SYSTEM— See Retirement System. EMPLOYMENT AGENCIES— Licenses for two operated by same person 51 46 ENCROACHMENT— On footway—May be permitted when not nuisance, etc. 33 303 ENCUMBERED FUNDS— Expenditure in following year 54 225 ENEMY TRADING ACT— See Aliens. ENGINEERS— Employees operating electrical pumping stations not re- quired to be licensed 38 122 Permits for construction work issued to 48 120 Work permits not needed for volunteer work 52 31 ENOCH PRATT FREE LIBRARY— Books—Sale of, authorized 54 58 Branch buildings—Proceeds of sale used for library purposes 52 46 Director not an officer as to salary increase 51 82 Employee—Cut-off; resignation 50 230 Furniture, equipment, etc.—May be purchased from proceeds of loan 32 217 Loan—Expenditures for equipment, etc 46 274 Loan—Use for purchase of Lord Baltimore (Calvert) pictures 35 158 Loan—Use for repairs 47 41 Ober Act applies to employees of 47 177 Organization, history discussed 54 296 Purchases—Procedure discussed 54 296 Retirement system for employees 48 54 Trustees have power to exclude Negroes from Library Training course; appropriations by City 33 240 130 OPINIONS OF THE CITY SOLICITOR

Volume Page ENSOR STREET— Proceedings for opening and widening not completed. . 34 67, 69 34 81 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION— Assistant Executive Secretary; membership in General Assembly 51 209 Classified Municipal Employees Association held sub- ject to 52 215 Consultant for, authorized 51 216 Contracts—Powers discussed 52 191 Eligibility list may not be based upon race 51 126 Hospitals; status as charitable organizations 51 259 Post-employment records as to race not prohibited.... 53 170 Regulations to be followed by Civil Service Commission 51 210 EQUIPMENT— Real or personal property—Distinction 52 226 EQUITABLE ESTOPPEL— Municipal corporation—Doctrine applies against 55 98 ERDMAN AVENUE— Deed of right-of-way by B. & O. R. R. Co 43 98 EROSION— Building permits resulting in, may be denied 54 169 Owner responsible for 43 194 Responsibility of City for—General discussion 55 43 55 79 ERRORS— Health Commissioner may correct errors in death cer- tificates 32 279 ESCHEAT— Motor vehicles sold by Police Department 53 63 ESTIMATES— See Board of Estimates; Ordinance of Estimates. ESTOPPEL— Municipal Corporation—Doctrine applies against 55 98

EUTAW STREET— B. & O. R. R. tracks; removal ordinance 41 182, 183

EVICTION ORDINANCE— Zoning violation not negated by action under 50 158 OCTOBER 1, 1931—JUNE 30, 1963 131

Volume Page EXAMINING ENGINEERS— Jurisdiction of Board 49 135 EXCAVATIONS— Conformity with Building Code—Ruling 50 60 EXCISE TAXES— Provision in, held not discriminatory 50 282 EXECUTION— Alcoholic Beverage licenses—Discussion 52 200 Order of creditors discussed 55 191 EXECUTIVE DEPARTMENTS— Purchasing—Procedure discussed 54 296 EXECUTORS— Going out of business sales—License not required by ... 50 195 EXEMPTION— See Paving Assessments; Taxation. EX OFFICIO— Oath of office—Discussion 55 151 EXPLOSIVES— Inspectors for, may be deputized 48 208 Rules and regulations as to transportation and use of. . . 48 151 EYEGLASSES— Manufacturers' tax exemption not applicable to 55 147 EYES— Removal of cornea from—Permission for 50 127

F

FAIR EMPLOYMENT PRACTICES— Applications for employment—Questions as to race; photographs , 50 341 Ordinance held constitutional 49 257 Pending ordinance construed 50 9 FAIRVIEW AVENUE— Barrier across alley 49 53 FALLOUT SHELTERS— Tax exemption not applicable to 52 166 132 OPINIONS OF THE CITY SOLICITOR

Volume Page FALLS ROAD— Railroad track crossing 47 60 Ordinance for relocating railway tracks in 32 124 FALSE IMPRISONMENT— Hospital employees—Search for City property 53 229 FALSE STATEMENTS— Applications under City Service—Power to prescribe penalties for 47 240 FAMILY WELFARE— Fund from—Custody 49 253

FAYETTE STREET— Party wall at 2610 W. Fayette Street—Liability of ad- joining owner in razing building 35 43 Paving between Lakewood and Highland Avenues—Pro- vision of contract; agreement as to completion of work 41 188 See also Howard Street.

FEDERAL COMMUNICATIONS COMMISSION— Radio service—Maintenance 50 54

FEDERAL EXCISE TAX— Automobile purchased by Water Bureau exempt from. . 34 127

FEDERAL FUNDS— For Airport 38 126 FEDERAL HOURS AND WAGES LAW— Application to City Contractors 38 6 FEDERAL HOUSING AUTHORITY— Assignment of water service contract to Baltimore Housing Authority does not affect obligation of U. S. 42 217 See also Housing.

FEDERAL PRISONERS— City Jail not required to receiye 33 15

FEDERAL PROPERTY— Paving sidewalk in front of 36 130, 131 See also United States. FEDERAL RESERVE BANKS— Interest—Cannot pay on demand deposits unless State law so requires 33 158 OCTOBER 1, 1931—JUNE 30, 1963 133

Volume Page FEDERAL TAXES— • Admissions to Baltimore Symphony Orchestra subject to 39 23, 113 City exempt from gasoline tax 39 204 See also Admissions Tax. FEDERAL WORKS AGENCY— Contract for municipal services; payments in lieu of taxes 41 16 See also Building Permits. FEDERAL WORKS PROGRAM— Broening Park Booster Pumping Station—Suggested pro- cedure for constructing 42 83 FEEBLE MINDED— See Rosewood State Training School. FEES— Building permits^Cannot be refunded 45 4 Licenses—Increased; effective date 50 23 Meat Inspection—Applies to dealers in interstate com- merce 33 166 Multiple dwelling licenses—Held not liens ; 55 55 Railroad switch connection charges 51 128 Sheriffs—When to collect 48 24 See also Buildings; Licenses.

FENCES— Across street—Notice to remove should be given 37 127 Erected behind sidewalk; not enclosing City property. 47 67 Extending into sidewalk, not permitted 49 15 Maximum height is 3/2 feet . 53 34 Permit granted on erroneous plats; case may be re- opened 51 28 Permit for enclosing lot . 36 17 Permit for erection, authorized by Board of Municipal and Zoning Appeals 50 28

FERTILIZER— Mixing and bagging not "manufacturing" within mean- ing of Zoning Ordinance 37 117, 122

FIFTH REGIMENT ARMORY— Annual license may not be required 49 37 Authority of City to regulate traffic on Plaza 35 213

FILIPINOS— Not aliens 37 99 134 OPINIONS OF THE CITY SOLICITOR

Volume Page FILLING STATIONS— Advertising—Requirements as to ordinances 36 46 Advertising—Sufficiency of 35 93 Extending time for exercising permit for 35 16 Extending time for exercising permit; ordinance is valid 36 27 Exemption from proposed bulk storage ordinance 46 46 Not allowed in residential district 32 5 Ordinance for fictititous Corporation to establish is nullity 35 56,88 Permit—Extending time for exercising 36 117 Relocation of tanks and pumps within 300 feet of church —Zoning Board has no power to authorize 35 124 35 147 Special Ordinances invalid 39 1 Within 300 feet of school—Interpretation of term 39 203 See also Buildings; Gasoline Filling Stations; Gaso- line Tanks; Zoning. FINANCE COMMISSIONERS— See Bonds; Commissioners of Finance. FINANCIAL RESPONSIBILITY— See Motor Vehicles; Police. FINES— Cancellation not permitted by magistrate 51 56 Collection and disposition by Police Justices 40 161 Concurrent—How construed 51 108 Cruelty to Animals—Disposition of 41 41 Default—Imprisonment in case of 44 86 Imprisonment in default of payment 43 217 Informers—No payments to 46 18 Payment by persons confined in jail in default of pay- ment 44 130 Proportion City should receive 32 134 Refund—Not entitled to where person died in jail before he could be released 46 1 Refund when remitted by Governor 43 226 Return on order of remission by Governor 41 140 FIRE AND POLICE EMPLOYEES' RETIREMENT SYSTEM— Comptroller—Oath not required as trustee 55 151 Widows' provisions operate prospectively 55 188 FIRE BOAT— Loan funds may be used to repair 35 188 OCTOBER 1, 1931—JUNE 30, 1963 135

Volume Page FIRE CODE— Heating Equipment—Responsibility of landlord and tenant 46 210 Kerosene Stoves—Use in heating railroad cars with fruit 46 134 Kerosene Stoves—Use of prohibited 46 210 Portable kerosene stove—When may be seized 47 250 Salamanders—Use for drying is violation of 48 18 Schools—Applicable to 52 10 See also Fire Prevention. FIRE DEPARTMENT— Accidental death provision construed 49 16 50 354 Accidental disability—Hospital bill first paid by Blue Cross 52 8 Accidental disability retirement; payment of hospital bills 51 252 51 268 Accidental injury—Cost paid by Blue Cross 53 237 Age for retirement 44 125 Ambulances—Duty of crew in emergency birth cases 49 61 Auxiliary Brigade for civil defense—Minors in 48 14 Bids—Merchandise below specifications 51 244 Bids on hose—When defective 49 27 Blighted area bill—Duplication 49 71 Board may award pension to widow and children in case of death from heart condition, if evidence war- rants it 43 80 Board—Requires concurrence of 2 members 36 56 Box 414 Association—Liability of City for 48 103 Cannot extend services outside City 35 135 Charter Amendment as to salaries of employees held to be valid 45 183 Chief Engineer—Effects of change in title 50 185 Chief of Department—Power to revoke order of suspen- sion 36 57,58 Claim for accidental death—Duty to file 49 300 Commissioners—Authority as to fire extinguishing equip- ment 45 120 Commissioners—Widows' pensions; powers as to 53 76 Damages—City not liable for injuries sustained by citi- zens from negligent use of fire apparatus when fire quarters are being used for election purposes 35 193 Damages—No legal claim for injury to uniforms caused by acid while fighting fire without negligence on part of property owner 42 113 136 OPINIONS OF THE CITY SOLICITOR

Volume Page FIRE DEPARTMENT—Continued: Death—Board to determine fact whether death re- sulted from performance of duty .44 82 Death benefit—When permissible 46 246 Debris placed in streets by . 50 181 Departmental surgeons—May not charge for services to firemen injured in line of duty 38 68 Disabled members—Policy as to 50 357 Disciplinary order—No appeal to City Service Com- mission 44 68 Electrical Work—Employees may do certain work with- out license 42 127 Employees—Board cannot delegate control to organiza- tion of 42 20 Employees—Discharge during probationary period ... 45 175 Employees—Eligibility requirements 39 54 Employees—Suspension for criminal offenses 50 351 Fire boat—-Loan funds may be used to repair 35 188 Fire boat—Shipyard outside State eligible to build .... 50 136 Fire Commissioners—-Not authorized to review decision of preceding Board as to pension for widow of fireman 45 140 Fire hose—Specifications in bids as to 49 44 Fire Incendiary Bureau—Power to withhold records from public inspection 50 268 Fire plugs; to be visible and accessible 51 24 Fireman—May retire with or without pension for in- sanity 32 209 Firemen's Beneficial Association—Benefit should not be paid fireman on account of death of wife killed by him (though acquitted) for failure to give notice of death within time prescribed 33 250 Firemen's Beneficial Association—No benefits payable where deceased member leaves no surviving relative covered by by-laws of association 45 240 Forty-eight hour week 49 54 Funeral expenses—When allowed 46 246 Government functions performed by 48 103 Heart disease or hypertension—Benefit provisions held invalid 52 107 Historic fire engine—Sale or lending of 49 181 Height and weight—Requirements as to may be re- examined 44 128 Hospital and physicians' bills; payment for person injured 51 252 51 268 OCTOBER I, 1931—JUNE 303 1963 137

Volume Page FIRE DEPARTMENT—Continued: Housing Authority projects—Power as to fire hazards 44 55 Incendiary Bureau; name to be changed 51 156 Incendiary Bureau; no uniform allowance for 51 73 Incendiary Bureau—See also under that heading. Injured Fireman—Reimbursement of hospitalization costs paid by City 43 158 Injuries and sickness—Allowance for time off 52 33 Injuries—"In line of duty" construed 50 101 Injury incurred while off duty 50 26 51 154 "Instrument Mechanic"—Covered by Social Security 55 36 Insurance—Ruling as to "accidental death" 50 354 Insurance and indemnity for member killed in discharge of duties 33 221 Liability of, when outside City 50 176 Medical treatment for retired members 51 8 Motor vehicle licenses required by drivers 50 190 Pensions—Board to determine facts as to whether mem- ber was killed in discharge of duty 44 81, 82 Pensions; effective date of Charter amendment 51 130 Pensions—Held that death of Deputy Chief Steadman was not attributable to service and widow not entitled to pension 45 138 Pensions—May not be paid to widow of fireman retired on pension ,. 32 15 Pensions—Not payable to widow of fireman dying of natural causes 37 23 Pensions; waiver permitted 51 196 Physical examinations for employees; powers 51 44 Pool tables—Exempt from Federal excise tax 41 270 Portable kerosene-burning wallpaper cleaners may not be prohibited 51 58 Press cards—To whom may be issued 47 29 Restoration to duty of members on retired list 32 153 Retirement—See Fire and Police Employees' Retire- ment System. Retirement of employees; powers 51 44 Salaries—Time lost from injuries; no right of subroga- tion 52 59 Salvage Corps—Former members may not be blanketed in 51 263 Separate retirement system not authorized 44 132 52 285 Sickness and injury—Allowance in time off 52 33 138 OPINIONS OF THE CITY SOLICITOR

Volume Page FIRE DEPARTMENT—Continued: Social Security—Discussion of positions included, ex- cluded 55 36 Suspended fireman—Waiver of benefits under Retire- ment System should not be required as condition to reinstatement 33 274 Territorial jurisdiction of 50 176 Uniform allowance for 51 73 Waiver of part of pension permitted 51 196 Widows' pensions—Requirements for receiving 50 141 Widows—Council cannot pass ordinance to pension . . 35 75, 85 FIRE GONGS— Not required in buildings other than hotels or apart- ment houses 39 110 FIRE HYDRANT— Damage by citizen in putting out fire; warning notice . . 41 263, 264 Relocation on Loney's Lane—Cost to be borne by rail- road company 32 58 FIRE INCENDIARY BUREAU— Name to be changed 51 156 Ordinance creating held to be valid 37 59 Power of City to create by ordinance 37 29 State Bill not in conflict with City ordinance 38 59

FIRE INSURANCE— Non-assessable mutual policy may be accepted 50 270 Off-street parking garage—Amount to be carried .... 32 205

FIREMEN'S BENEFICIAL ASSOCIATION— See Fire Department. FIRE PREVENTION— Automatic Sprinklers, etc.—When required 45 120 Powers of Fire Commissioners and Buildings Engineer 45 120 Public Assembly Buildings 45 79 See also Fire Code. FIREWORKS— Permit for use of, to frighten starlings 32 212 Requirements for permit to discharge 41 238 FISHING— See League of Maryland Sportsmen. FIXTURES— Real or personal property—Distinction 52 226 OCTOBER 1, 1931—JUNE 30, 1963 139

Volume Page FLAG HOUSE ASSOCIATION— City seal—Use restricted 54 30

FLOODING— Streams—City's responsibility; general discussion .... 55 79 See also Drainage.

FLOOD PLAIN AREAS— Building permits in, may be denied 54 169

FLORISTS ASSOCIATION— Exempt from advertising taxes 51 188

FLOWERS— Sale on Sunday is valid 38 132 52 37

FOOTBALL TICKETS— Federal tax on 33 13

FOOTWAYS— Area included as part of "street" 54 186 Assessments for work; payments, lien 51 67 Paving Assessments 46 32 Paving—Proposed ordinance defective 45 94 Procedure required to be entitled to refund 44 35 See also Sidewalks.

FOREST PARK AVENUE— Parking at intersection of 49 84

FOREST RESERVE— Power of City to sell or lease property for use as .... 33 282

FORFEITURES— Contractors—Payments due City under wage ordinance 50 12

FORREST STREET— Proceedings as to opening and widening 34 67, 69 34 81

FORT ARMISTEAD PARK— See Parks.

FORT SMALLWOOD— Construction of road into, out of City's portion of gasoline tax; overhead charges 32 123

FOSTER PARENTS— Payments by City to be reported as income; deductions 41 134, 135- See also Parent and Child. 140 OPINIONS OF THE CITY SOLICITOR

Volume Page FRANCHISES— Baltimore Transit Company—General discussion of . . 48 156 53 177 Bridgeway across Sinclair Lane; franchise not exercised in 6 months; ordinance became void 43 121 Bridgeways and tunnels—Over and under Kimmel Alley and Marion Street (May Company) 45 56 C. & P. Telephone Company—Conduits 33 64 Charge not payable where privilege not exercised .... 43 209 Charges—Payment of arrearages 47 32 Childs Street—No charge against Maryland Dry Dock Company 41 132 Driveway does not require 55 62 Extension not necessary when work is begun 49 14 Fee—Distinguished from tax 55 176 Grant of, constitutes a contract 47 32 Miniature train in Druid Hill. Park 46 202 Necessary for transmission line of high voltage over or under City streets 32 61 Northern Central Railway Company—Charge should be fixed in ordinance 45 119 Northern Central Railroad Company—Minor privilege to be paid for switch by Company 41 177, 178 Ordinance granting may also fix grade of street 41 167 Park benches at car stops 33 299 Pier—Company cannot terminate franchise at will 32 173 Railroad—City may regulate use of streets by 50 265 Railroad switch—Forfeiture of failure to comply with ordinance 41 178 Railroad track charges—Discussion 55 98 Railroad tracks on streets—Fees may be increased after expiration 53 172 Railroad tracks—City's power to convert street to an- other use 50 259 Renewal of; terms, etc 32 125 Renewal—Advertising necessary 32 147 Service driveway does not require 55 62 Statute of Limitations effective as to 55 98 Substitution of an equivalent franchise; advertisement not required 35 163 Tank under sidewalk—Privilege granted by ordinance not exercised 43 209 Tax lien on, held not to exist 53 99 Tracks of Baltimore Transit Company on Monument St. in New Annex—Tax applies to receipts 35 10 OCTOBER 1, 1931—JUNE 30, 1963 141

Volume Page FRANCHISES—Continued: University of Maryland chargeable for 55 176 See also Baltimore Transit Company; Minor Privileges. FRANCHISE TAX— Savings and loan associations—City's powers 52 14

FRATERNITY HOUSE— Multiple family dwelling—Included as 55 74 FRAUD— School tuition for non-residents may not be avoided by 53 227

FREDERICK, MONROE S.— Claim for commission on wages of employees secured during strike; no legal obligation 42 196 FRIENDSHIP AIRPORT— Alcoholic beverages—Sale to Negroes at 48 49 Anne Arundel County has exclusive criminal jurisdiction over 45 226 Bid for fixed base operation—Deposit may not be re- turned 47 235 Competitive bids required for concessions 47 171 Held to be proprietary function 54 260 Hunting and shooting on premises 47 283 Insurance to cover liability for injuries 54 260 Leases and sub-leases at—Discussed 53 250 Legal status—General discussion 55 195 Liability of City for vandalism 46 166 Liability for injuries 54 260 Mechanics' lien for work at, not possible 47 92 Motel on, not permitted by county zoning 55 39 Portions may be rented for limited period 46 175 Promotional activities approved 50 237 Property outside of boundaries may be condemned to secure safe approaches 46 238 Tax exempt as to Anne Arundel County 50 227 Water towers—Power to provide for lighting 47 176 Zoning—Districts at 47 285 Zoning—Motel may not be built on property 55 39 See also Airport; Aviation; Aviation Commission; Harbor Field.

FRIENDSHIP CHURCH— Vandalism—Extent of liability of City 46 166 142 OPINIONS OF THE CITY SOLICITOR

Volume Page FUEL— Proration of renewal license fee 51 17 FUEL DEALERS— Bond—Ordinance requiring 45 157 License required for person hauling coal even if paid by purchaser 45 189 FUEL OIL— Waiving Building Code provision as to erection of storage tank 46 93 FUEL TAX— Application 52 164 Cooperative apartment house subject to 50 194 Exemptions—Criterion for determining 50 179 Firm held not engaged in "processing" 50 114 Levied only on use for profit 49 230 Non-ferrous metal electrolytic refinery exempt 49 234 Obligation of out-of-state sellers to collect from City buyers 49 296 Provision in, held not discriminatory 50 282 Tax on inventories construed 50 82 50 102 FUNDS— Investment of certain funds in U. S. Treasury notes . . 42 198

FUNERAL EXPENSES— Fire Department—When allowed 46 246

FUNERAL HOMES— Aesthetic considerations in rezoning for 47 30 When single property may be zoned for 46 244 See also Zoning.

FUNERAL VEHICLES— Traffic Laws applicable to 50 98 FURNITURE— Dispossessed—Placed in street 49 292

G

GAME SANCTUARY— City can make agreement with State Game & Inland Fish Commission as to on Lake Roland, etc 45 134 OCTOBER 1, 1931—JUNE 30, 1963 143

Volume Page GARAGES— Extension into street 49 55 Near churches—Seaman's Bethel is not church within meaning of ordinance 36 29 Open air—Fees for space used by mechanical devices 51 5 Open air—Individual parking spaces require license 52 87 Open air—License required if charge is made 45 50 45 51 Open air—Refund of license fee denied 54 64 Ordinance necessary for erection of frame building near building line 40 33 See also Open Air Garage. GARBAGE— Equipment for grinding for discharge into sewers; con- ditions 35 61 "Place" construed—For removal of mixed refuse 52 248 Receptacles for 46 44 GARBAGE DISPOSAL CHARGES— Approved for portion of year . 52 186 Regulations as to, authorized 52 186 GARBAGE REDUCTION PLANT— 1908 Act relating to, has no application to incinerator 32 95 GARDEN TYPE APARTMENTS— Land area for; how computed 52 5 GARMENT INDUSTRY— Hollander Report on working conditions in 33 98 GARRISON AVENUE— Parking at intersection of 49 84 GAS— Bid for gas; City protected 33 127 Bid for heating, etc.; City protected 33 127 See also Taxation—Utility tax. GAS APPLIANCE DEALERS— Licenses—Auctioneers exempt from paying fee 33 243 GAS APPLIANCES— Publication of list of approved appliances 32 273 GAS (ILLUMINATING)— Registration of persons working with 47 149 GAS MAINS- NO liability for relocating as result of City's locating water mains near 32 89 144 OPINIONS OF THE CITY SOLICITOR

Volume Page GASOLINE— Filling stations near Hospitals—Finding of Board of Zoning Appeals is final unless reversal on appeal 41 29 Motor tank trucks 33 62 Ordinance to waive provisions as to sale near churches, etc 46 10 Parking or storage of gasoline tank trucks 38 94 Prohibition against sale near churches, etc., cannot be waived by Zoning Board 46 92 See also Filling Stations; Gasoline Stations. GASOLINE STATIONS— Number and size of price signs 49 272 Ordinance to extend time for completing installation— Council has power to ordain 33 263 Ordinance to waive zoning ordinance invalid 39 148 Permit—Time within which may be used 33 71 School built within 300 feet of 39 203 49 225 52 150 See also Filling Stations; Gasoline. GASOLINE TANKS— Ambassador Apartments—Authority for installation 32 145 Installation in connection with apartment houses and for other private uses 32 160 32 161 32 162 Mandamus—In case of application made before present Zoning Ordinance became effective 32 236 Ordinance necessary for additional equipment or changes in equipment 32 188 Ordinance No. 243 does not prohibit for private use 32 67 Permit—Ordinance necessary to extend time limit 32 178 Permit—Ordinance necessary to make changes or al- terations 32 199 Permit—Ordinance necessary where gasoline is sold at retail 32 190 Permit—Should be cancelled if work not begun within time limit 32 175 32 176 Permit—Transfer of property would not affect use of 32 176 Requirements when for private use only 32 3 GASOLINE TAX— City not exempt from 33 114 OCTOBER 1, 1931—JUNE 30, 1963 145

Volume Page GASOLINE TAX—Continued: Diversion of a part of receipts allocated to Baltimore City by Item in State Budget 32 17 Federal Tax of ]A cent—City exempt 39 204 Law mandatory as to 20% provision for Baltimore to be used for construction and maintenance of streets 32 210 Use of City's portion of lateral road gasoline tax by State Roads Commission; overhead charges; road into Fort Smallwood 32 123 See also Taxation. GAY STREET— Cancellation of certain minor privilege charges against 435-437 N. Gay Street 34 87 GENERAL ASSEMBLY— City employee as member of 51 209 Membership of classified employees in 52 107 Representation in, discussed 55 61 Thirty-day sessions in even years—Subjects considered 48 139, 162 GENERAL CARGO TERMINAL— City may contract to finance 50 288 GENERAL MOTORS CORPORATION— Proposed contract with considered undesirable 46 197 GENERAL PUBLIC ASSISTANCE— "Working out" plan authorized 52 292 GIFTS— City's power to receive—Discussed 52 250 Private agencies—Restrictions discussed 54 269 GLENN L. MARTIN COMPANY— Water rates for . 38 109 "GOING OUT OF BUSINESS SALE"— Executor does not require license for 50 195 License requirements discussed 51 116 GOOD WILL INDUSTRIES Property acquired after October 1 not exempt from taxa- tion for following year 43 105, 106 GOVERNMENTAL FUNCTIONS— Distinction between, and proprietary rights 32 92 Discussed 54 260 Hospital held to be 53 229 Operation at City Hospitals—No liability for 50 333 146 OPINIONS OF THE CITY SOLICITOR

Volume Page GOVERNMENTAL FUNCTIONS—Continued: Schools discussed as 53 220 War Memorial Building—Operation construed as 51 103 GOVERNOR— Fines may be remitted by 51 56 Power to disregard a valid existing appropriation act in preparing Budget Bill 32 17 Subject to mandamus in discharge of ministerial duties 32 214 GRADE CROSSING— Agreement with B. & O. R. R. to lower grade at An- napolis Avenue 45 261 Overhill Road—Duty of City to maintain 34 69 Washington Boulevard and Putnam Street; obligation of the Baltimore and Ohio Railroad Company .... 36 113 GRAND JURY— Fire Incendiary Bureau may lay results of its investiga- tions before 37 59 GROSS RECEIPTS TAX— Applicable to temporary bus lines 50 318 Does not apply to airport limousine 46 97 See also Sales Tax; Taxation. GROUND RENTS— Razing improvements does not cause reversion to ground rent owner 55 116 GUARDIANSHIP— Effect of decree in adoption case 54 165 54 263 Mother appointed as guardian 49 207 GUARDS, PLANT— See Police. GWYNNS FALLS— Sewer discharge in, held chargeable 52 152 GYPSIES— See Licenses.

H

HABEAS CORPUS— County court issues writ—Procedure 50 81 Procedure where Court in County issues writ for prisoner committed by City Court 43 68 OCTOBER 1, 1931—JUNE 30, 1963 147

Volume Page HABEAS CORPUS—Continued: Procedure where prisoner is in custody under Federal commitment 43 68

HAIRDRESSERS— See Beauty Culture. HAMILTON RECREATION CENTER— Status of helpers 49 136 49 171 HAMPDEN-WOODBERRY NEIGHBORHOOD ASSOCIATION— Cancellation of sewer connection charge 41 180 Use of recreation center for political meetings 33 58

HAMILTON AVENUE— Held to be dedicated street 38 93 HANGAR— See Airport. HANOVER STREET MARKET— Poultry killing—Possible violation of Zoning Ordinance 46 170 HARBOR— Bulkhead—Duty of Western Maryland Railway Com- pany to dredge at Port Covington 43 173 Bulkhead in Clinton Street—Permit for 33 163 Dredge—City has power to 32 182 Dredging and maintenance—Responsibility; discussion 53 185 Dredging—Duty of Western Maryland Railway Com- pany at Port Covington 43 174 Light Street Wharf—Rights of City in 36 91 Nuisance—Power to order abatement 43 173 43 186 Pier at foot of Cardiff Avenue (Second Avenue) — Permit for; ordinance 37 107 Pier—Franchise cannot be terminated by Company at will 32 173 Pierhead Lines—Authority of U. S. to establish 41 185 Radar—City's liability for use of 47 216 Riparian rights—Manner of determining 49 151 Title to land under water is in City 32 182 Tobacco products sold to ship; tax 51 107 William Street—Riparian rights 48 76 See also Port Development; Port of Baltimore Commission; Vessels. HARBOR BOARD— Conflict of interest provision as to member of 53 1 148 OPINIONS OF THE CITY SOLICITOR

Volume Page HARBOR BUREAU— Employees injured on vessel not under Workmen's Com- pensation but if injured on land, law applies 32 99

HARBOR ENGINEER— Abolition of position 52 92 Permit for bridge over Patapsco River 44 111

HARBOR FIELD— Agreement as to moving Army boat at 47 231 Resolution as to use of—Effect 48 14 See also Airport; Aviation; Friendship Airport.

HARFORD AVENUE— Motion picture theatre at 1713-1715; permit not re- quired in particular case, as formerly used as such 41 1,2

HARMON'S BRIDGE— Proposed closing—Rights of B. & O. R. R 35 27

HAVEN STREET— Defective conduit in bed of; procedure 46 190 Uncertainty as to whether public or private 37 111 37 127

HAWKERS— Covered by State license 54 307 Power of police over, on streets 50 297

HEALTH— Birth Certificate—Procedure for correction of; Geo. L. Krebs, Jr 40 97 Blighted area bill—Duplication 49 71, 75 Condemnation of property for health district building 38 47 Dairy—Suspension notice; person affected entitled to know reason for 32 122 Day nurseries—Rules and regulations governing 34 5 Death certificates—Errors may be corrected 32 279 Hotel Revocation of permit inadvisable 47 179 Housing—May furnish list of houses posted to be vacated 45 154 Ice cream—Right to sell in City, when manufactured elsewhere 50 294 Ice cream plant—Health Commissioner cannot waive requirements as to pasteurizer 38 46 Ice cream plant—Pasteurization requirements 38 85 "Instantwhip"—Law does not prohibit sale unless it contains noxious ingredients 37 93 May use facsimile signature in signing plumbers' bonds 34 133 OCTOBER 1, 1931—JUNE 30, 1963 149

Volume Page HEALTH—Continued: Meat inspection—Ordinance is valid and does not in- terfere with interstate commerce 33 166 Meat inspection—Outside City 51 22 Meat inspection licenses—Effect upon interstate com- merce 49 20 Meats—License to receive condemned meat from slaughter houses 43 113 Meat—Proposed ordinance relating to places for han- dling meat products for sale in City 37 53 Meat—Wholesale grocers required to secure license for sale of canned meats 38 40 Milk—Avoset sterilized cream 47 26 Milk—Control regulations; power to make 34 27 Milk—Fresh dairy products may be determined 47 26 Milk—Homogenized—Sale of 46 55 Milk—Ordinance not repealed by Ch. 403, 1941; power to enact ordinances continues 41 5 Milk—Permit not required to transport from the City 38 45 Milk plant—Permits; corporation officers 38 85 Milk—Power of City to eliminate bobtailers by ordin- ance 37 84 Milk—Regulations for inspection of dairy plants, etc. 35 73 Nuisances—Abatement of 33 180 50 151 Nuisances—Slaughter house; when may be declared 43 147 Nurses—Unmarried; policy as to 50 45 Ordinance prohibiting sale of patent medicines, etc., by general merchant is in conflict with state law 33 244 Power to make rules and regulations governing day nurseries 34 5 Regulations governing sale of meat, etc.—Health Com- missioner has no power to apppoint Advisory Board to conduct business for revocation of license 33 236 School physicians at clinics; compensation 51 205 Search warrants for inspections—Discussion 55 154 Sewers—Commission may extend time for connection 32 68 Surgery on incompetents—Discussion 52 30 Suspension notice—Operator of dairy entitled to know nature of violation causing 32 122 Vaccine Physicians—To be appointed under merit sys- tem and not by wards 33 272 Vital records; retention of documents 51 33 See also Dairy; Gas Appliances; Health Depart- ment; Ice Cream; Meat Inspection; Milk; Rabbits. 150 OPINIONS OF THE CITY SOLICITOR

Volume Page HEALTH AND WELFARE FUND— Contractor's contribution to, held not part of wages . . 53 155 HEALTH DEPARTMENT— Disclosure of information as to maternal deaths 47 121 Janitors—Part time employees not in Classified Service 41 231 Loan funds—Use construed 53 167 Meat licenses—Power to revoke 48 138 HEATING SYSTEMS— Dwellings; buliding code requirements 51 18 HEART DISEASE— Benefit provisions for firemen held invalid 52 207 HELEN STREET— Not public street 34 9 HELICOPTERS— Requirements for, discussed 51 114 HELIPORT— City property used for 52 155 Proposal to locate in shopping center 51 166 HENRY WATSON CHILDREN'S AID SOCIETY— Fund from—Custody 49 253 HERRING RUN— City entitled to reasonable use of 55 120 Erosion—Responsibility of City; general discussion ... 55 43 55 79 55 120 Sewerage charge applies to waste water in 53 243 Site for Negro housing—Report as to; protest against 42 208 42 212 42 220 HIGHWAYS— Explosives—Inspectors may be deputized 48 208 Explosives—Regulations as to transportation of 48 151 Held to include alleys and sidewalks 43 29 See also Streets. HIGHWAYS ENGINEER— Discharge of contractor's employee 54 113 Plumbers' bonds—Cannot deputize any one to sign for him; facsimile signature 36 63 HISTORICAL DISTRICTS— Preservation—Authority and procedure; general dis- cussion 54 116 OCTOBER 1, 1931—JUNE 30, 1963 151

Volume Page HOLIDAYS— People's Court to observe 51 198 Tax sale advertisements on, held valid 34 1

HOLLANDER REPORT— On labor conditions in garment industry 33 38

HOME BUILDERS' ASSOCIATION— Contracts for paving streets and installing utilities— Delay in performance 52 35

HOME RULE— Powers of City as to traffic control 43 21 Veterans' preference—Powers of City as to 49 117

HORSES— Vehicles drawn by—Regulation of use of streets 49 165 HOSPITALS— Accidental injury costs paid by Blus Cross—City not also to pay 53 237 Authorization to operate also covers Use District pro- visions in Zoning Ordinance 53 209 Care for which patient is reimbursed 51 252 51 268 Charitable organization; status is matter of afct 51 259 City funds may be contributed to 53 37 53 43 City Hospital—See under that heading. Deceased patient's funds—Disposition of 47 57 Donations Account—Unclaimed property put in 50 77 Driveways—Parking in front of or on 50 299 Drug addiction may be reported by 55 9 Exemption from paving assessments 43 29 Mental—Father to support son in 47 87 Mental—Responsibility of City for patients from 52 146 Mental—See also Mental Hospitals. Montebello State Hospital—Eligibility for admission 51 34 Not industrial enterprise 35 214 Off-street parking facilities at 55 7 55 114 Operations, treatment—Consent required 51 157 Ordinance required to establish 47 142 50 228 Removal of cornea from deceased patient—Permission for 50 127 Residential zone—Permitted ...» 54 101 152 OPINIONS OF THE CITY SOLICITOR

Volume Page HOSPITALS—Continued: Surgery for minors under Public Welfare 54 165 54 263 Surgery on incompetents—Discussed 52 30 Tax exemption—When entitled to 33 51 See also City Hospitals. HOTELS— Downtown hotel—Revocation of permit 47 179 License fee—Return when license is refused 35 32 See also Zoning. HOTEL RENNERT— Sale under mortgage foreclosure 39 128 HOURS AND WAGES LAW— Application to City Contractors 38 6 HOURS AND WAGES ORDINANCE— Record of employees of contractor required 50 110 HOURS OF WORK— Ordinance regulating as to employees of contractors 45 6,8 See also Contracts; Wage and Hour Ordinance. HOUSE CONNECTIONS— See Sewers. HOUSE NUMBERS— Board of Estimates may authorize to be placed on curbs 46 174 Fractional numbers may be used 47 269 See also Buildings. HOUSEHOLD FURNITURE— Exemption from taxation not effective until 1944 .... 41 99 41 100 HOUSE OF DELEGATES— Representation in, discussed 55 61

HOUSES— Numbering to be made by Bureau of Plans and Surveys 32 158 HOUSING— Barracks for housing Mexican laborers of Pennsylvania Railroad Company requires ordinance 43 167 City Hospitals—Lease to private developer for 54 147 Housing Act of 1949 construed 47 221 Housing Authority not exempt from special paving tax 50 313 Inspections may be combined 52 240 OCTOBER 1, 1931—JUNE 30, 1963 153

Volume Page HOUSING—Continued: Ordinances as to, construed 47 162 Redevelopment and urban renewal discussed 50 202 Search warrants for inspections—Discussion 55 154 Temporary relocations for dispossessed families 47 221 Use of Federal funds for 47 125 See also Baltimore Housing Authority; Health; Negro Housing; Redevelopment Commission. HOUSING AUTHORITY— Assignment of water contracts from Federal Public Housing Authority to Housing Authority of Baltimore does not affect obligation of U. S 42 217 Cafeteria—Permit for 43 233 City Register—-To charge for affixing seal and certifying ordinances 42 74 Contract for low-rent housing 41 122 "Cooperation agreements"—Approval of 47 125 Employees not eligible for membership in Retirement System 45 299 Fire Department has power to investigate premises as to fire hazards 44 55 Not bound by provisions of City Charter as to purchases of $500.00 or more 39 109 Ordinance for creating not in proper form; Resolution to be initial action 37 3,6 Suggested housing program for Veterans 46 108 Sites not to be approved by City Council 47 125 Special Paving Tax—Not liable for where it contributed to cost of paving 41 202 Taxes—Not entitled to refund where paid before prop- erty acquired '...'..' 40 125 Water meters for 38 64 HOUSING BUREAU— - Blight bill not • recommended 49 71 49 75 HOUSING COURT— Jail sentences—Power to impose 50 267 HOUSING PROJECTS— Condemnation for public uses only but not for sale to private interests 42 87, 89 HOWARD STREET— Benefit appeals^—Property may be acquired before dis- posed of 35 154 154 OPINIONS OF THE CITY SOLICITOR

Volume Page HOWARD STREET—Continued: Opening, etc.—Ordinance invalid due to lack of adver- tising 32 225 HUMAN RELATIONS— Employment applications—Questions as to race; photo- graphs 50 341

HUSBAND AND WIPE— Desertion, non-support of wife 48 39 Retirement System—Legal status not relevant as to beneficiary 50 128 Wife has no duty of support 49 102

HYDRANTS— Fire plugs to be visible and accessible 51 24

I

ICE CREAM— Liquid measure—Applies to sale of 35 128 Manufacture outside City—Provisions as to 33 157 No law requiring sale in any given quantity 34 40 Permit to manufacture—Power to revoke 32 264 Regulations valid 32 231 Right to sell in City, when manufactured elsewhere ... 50 294 See also Health.

ILLEGITIMATES— Cost of care at City Hospitals 54 312 Parent's duty to support 48 39

ILLUMINATED SIGNS— Above roof—Where may be constructed 48 98 Ordinance not required for former location 50 163

IMPOUNDING ORDINANCE— Auxiliary lots authorized 50 109

IMPRISONMENT— For default in payment of fines 44 86 For default in payment of fines; release after three months 43 103 For non-payment of fines where imposed by different Courts 43 128 43 130 OCTOBER 1, 1931—JUNE 30, 1963 155

Volume Page INCENDIARY BUREAU— Name to be changed 51 156 Uniform allowance not allowed for 51 73 See also Fire Department. INCINERATORS— City not obliged to accept materials from private con- tract haulers 53 239 Employees transferred to Bureau of Sanitation 48 129 1908 Act relating to reduction plant does not prevent establishment within 9 miles of Lazaretto Light. ... 32 95 Scrap metal—Bond may be required of contractor to purchase 35 121

INCOME— Foster Parents—To report payments by the City; de- ductions 41 134,135

INCOME TAXES— City cooperates to collect Federal liens 51 220 Employees of Walters Art Gallery subject to 39 101 Federal—Priority of lien under execution 55 191 Living allowances paid to hospital employees 47 241 Living allowances paid to institutional employees .... 50 33 Living expenses held subject to 53 117 Police subsistence allowed as deduction 51 203 State law for deducting income tax from pay of em- ployees not applicable to City employees 43 8

INCOMPETENT— See Pensions.

INDIGENT PARENTS— Support by adult children—When required 38 119

INDIGENT PATIENTS— City not liable for injuries caused by negligence of hospital employees 46 61

INDUSTRIAL RECOVERY ACT— Excise tax provision does not apply to City 33 148 Infants—See Minors.

INFIRMARY BUILDING— Architect and plans for 46 72

INFLAMMABLE LIQUIDS— Bulk storage 46 46 156 OPINIONS OF THE CITY SOLICITOR

Volume Page INFORMERS- NO part of fines payable to . . 46 18 Inheritance tax—Not to be paid by City 51 266 INJUNCTIONS— Flooding streams—Action against adjoining counties 55 120 INJURIES— Certain employees not covered by Workmen's Compen- sation 35 4,6, 14 "In line of duty" construed 50 101 See also Employees; Fire Department. INSANE— Care for, as an obligation of the State 33 169 Parents liable for maintenance of insane adult child 37 106 Property of insane person to be paid to legally appointed committee 37 65 Reimbursements for expenses of patients—Payments to State 39 164 See also Criminal Court; Lunatics and Insane; Non Compos Mentis. INSANE HOSPITAL— Father liable for support of adult son 39 4 INSANE PRISONERS— Transfer to insane asylums 38 130 INSOLVENCY— Priority of claims under 54 136 54 250 INSPECTIONS— Dairy plants, etc.—Regulations as to 35 73 Not required to sign releases of liability in case of injury while in plant to make inspection 37 55 Search warrants for—Discussion of need 55 154 See also Milk; Rabbits. "INSTANTWHIP"— See Health. INSURABLE INTEREST— Discussion of, for Retirement system 55 29 See also Retirement System. INSURANCE— Circuses and carnivals—Requirements 48 201 City's liabilities cannot be contracted away 54 260 OCTOBER 1, 1931—JUNE 30, 1963 157

Volume Page INSURANCE—Continued: Claim for return of premiums on cancelled policy— Comptroller may adjust 33 298 Fire Department—Accidental death 49 16 Fire insurance—Non-assessable mutual policy may be accepted : 50 270 Firemen—Ruling as to "accidental death" 50 354 Insurable interest—Second cousin; discussed 55 29 Liability policy held to protect City 52 19 Motor vehicle—Teachers riding students; liability .... 50 324 Mutual companies may write City insurance 50 328 Off-street parking garage—Amount to be carried .... 52 205 Off-street parking project—Requirements 49 180 Principles of, discussed 52 19 Recreation Department activities—City not liable .... 52 26 Schools—Liability coverage for 53 220 School teachers, students, employees 49 77 52 25 Self-insurer—City may act as 50 328 Tax paid to company not doing business in State .... 52 39 See also Airport; Fire Department; Liability; Rec- reation.

INSURANCE COMPANIES— Taxation—Personal Property not exempt from 32 268 INTANGIBLE PERSONAL PROPERTY— Due date of taxes on 34 76 Of foreign corporation doing business in State is taxable 34 92 Taxable for years 1936-1939 38 97 See also Taxation.

INTEREST— Assessments—Bank assessments not charged with 51 200 Bankruptcy claims—Computation 54 145 Bonds—Exempt from Federal income tax 55 136 Low rate increases property value 55 65 Rate, if low, increases property value 55 65 Refunds—When not allowable on 44 107 Refunds of taxes—Payable on 48 37 Taxes—Cannot be waived 49 271 See also Deposits; Retirement System; Refunds; Taxation. INTERNAL REVENUE CODE— Contributions to annuities—Taxation 52 278 158 OPINIONS OF THE CITY SOLICITOR

Volume Page INTERSTATE COMMERCE— Licensing laws in relation to 49 20 Ordinance which obstructs or burdens is invalid 34 44, 46 INTERSTATE COMMERCE COMMISSION— Control of aviation and air-mail contracts 36 32

ITINERANT VENDORS— Licenses—Do not apply to boats 33 152

INTOXICATION— See Street Car.

INVENTORY— Manufacturers' tax exemption—Entire 54 77

INVESTMENTS— Retirement System; bonds of Marsh Market Authority 51 229

JACOBS HOUSE— Sale—Proceeds in Real Property Account 54 9 See also Baltimore Museum of Art. JAIL— Blood donors permitted; conditions 54 221 Commitments on concurrent fines 51 108 Commitment papers require signature 50 175 Commitments—Correction of error as to 48 68 Commitments to run consecutively 47 156 Construction outside of City—Legal restrictions 50 347 Cost of land to construct—Source of funds 50 347 Duty of visitors as to clothing, etc., for prisoners 36 43 Employees' have right to join union 54 182 Federal prisoners—No contract for keeping, etc.; notice not to accept any more 45 2 Federal prisoners—Not required to receive 33 15 Guards—Not entitled to pay for over-time work 37 102 Hours of Work construed 54 182 Imprisonment for non-payment of fines 43 217 Loan—Use of funds for land 51 1 Loan—Use for rehabilitation center for alcoholics .... 52 158 Magistrate's power to send offenders to 50 267 Payment of fines by persons confined in default of pay- ment 44 130 OCTOBER 1, 1931—JUNE 30, 1963 159

Volume Page JAIL—Continued: Prisoner—Chauffer of warden's car 32 197 Prisoner—Housed outside City 51 1 Prisoner—Reduction in sentence 37 98 Prisoners—Release of those confined for default in pay- ment of fines after three months 43 103 Prisoners—Responsibility for release on order of Magis- trate 42 2, 3 Prisoners—Transferred to City Hospital; guards 54 61 Prisoners—When commutation for good behavior not allowed 41 236 Prisoners—When cost of keeping to be paid by State. .41 238 Prisoners—Work at City Hospitals 42 6, 7 42 60,62 Prisoners—Work on grounds of City Hospitals 40 116 Railroad tracks in street bed—City's power to close street 50 259 Sentences for partial days 51 179 Taxes to be collected by Commissary 53 148 Use of loan funds; present building may be utilized 50 212

JAIL BOARD— Majority of quorum carries vote 53 47 Quorum is majority of members 53 47

JAIL WARDEN— Bond—Provisions as to 45 244

JANITORS— Part-time employees not in Classified Service 41 231 Sentences for partial days 51 179

"JAYWALKING"— Powers to control by regulation 51 164 Regulation held proper 50 336

JEFFERSON STREET— Private road—Duty as to repairs, etc 50 137

JITNEYS— See Baltimore Transit Company.

JOHN STREET— Park approved for recreation loan 50 94

JOHNS HOPKINS HOSPITAL— See Workmen's Compensation, 160 OPINIONS OF THE CITY SOLICITOR

Volume Page JOHNS HOPKINS UNIVERSITY— Parking meters on campus, held to require license .... 52 124 Tax exemption—Exempt from utility taxes only on Uni- versity itself but not commercial properties 45 302 45 303 JOINT TENANCY— Construction of deed 50 61 JONES' FALLS— Erosion—Responsibility of owner 43 194 Sewage Pumping Station—Supplemental agreement as to 47 262 Sewer discharge in, held taxable 52 43 Wall between Maryland Avenue and Oliver Street be- longs to City; minor privilege may be charged for electric sign on 33 242 JONES FALLS EXPRESSWAY— Procedure for evaluating property for 50 33 Utility relocations are at expense of company 53 119 JONES FALLS VALLEY PARK— Rezoning of, permitted 54 194 JUDGMENTS— Abatement of assessment not permitted after 50 15 Licenses and permits—Attachment; discussion 52 200 JUDGES— Pensions—Ordinance relating to 46 215 Salaries—Power of City to increase 48 119 JUDGES OF ORPHANS' COURT— Salaries cannot be increased during term of office .... 44 91 JUNIOR COLLEGES— Tuition fees may be charged 54 277 JUNK DEALERS— License—No refund authorized for unused 41 175 Licenses—Requirements as to 46 164 Nature of business discussed 51 168 JURY SERVICE— City employees exempt from 46 42 JUSTICES OF THE PEACE— Annual leave with pay; ruling 50 253 Cancellation of fines by 51 56 State officers—Ruling 50 234 See also Magistrates; People's Court. OCTOBER 1, 1931—JUNE 30, 1963 161

Volume Page JUVENILE COURT— New positions—Authorized by Act of 1943 42 191 Pregnant girl—Return to school following pregnancy 48 31 Support orders for child enforceable by 48 39

K

KEROSENE— Permit for sale of whether for illuminating or heating purposes 40 85 Portable stoves—Wallpaper steamers; regulation 51 58 Portable stoves—When may be seized 47 250 Stoves—Responsibility in use of 46 210 See also Fire Code. KEY HIGHWAY— See Light Street Waterfront. "KILLED"— Memorandum relative to meaning of 43 82 KIMMEL ALLEY— Bridgeways over and tunnels under (May Company) 45 56 KRESSON STREET- IS public street 35 42 KOSHER BUTCHER STORES— Ordinance to permit keeping open on Sunday must be submitted to voters 33 194 KOSHER FOOD— Meat—See Sunday. Member of Bureau, as matter of policy, ought not to be employee of slaughter house under jurisdiction of Bureau 45 198 Regulations as to, may be issued 48 165 Sale of ingredients not sanctioned as 48 45

LABOR— Power of City to use day labor on public works pro- jects 33 212,217 When residents of City to be employed 32 240, 247 See also Civil Service Commission; Employees. 162 OPINIONS OF THE CITY SOLICITOR

Volume Page LABOR CAMP— Railroad cars—Ordinance necessary 44 4 LABOR CONDITIONS— In garment industry; picketing; arbitration of strike 33 38 LABOR ORGANIZATION— Classified Municipal Employees' Association held to be. 52 215 LABOR UNIONS— Contracts with, prohibited 54 182 Jail custodial officers may join 54 182 See also Civil Service Commission; Union. LABORERS— Medical examination for re-employment after tempo- rary lay-off 35 9 Ordinance necessary for housing project for Mexican laborers 43 229 See also Civil Service Commission; Contracts; Labor Camp; Wages. LACKEY STREET— Owned by City 41 11 LAKE ROLAND— Iron Bridge—City may abandon and demolish 41 268 Title of City in fee simple 42 132, 133 Use of land under and surrounding Lake will not cause reverter to original owner; City has fee simple title . . 42 132, 133 44 55 LAND- HOW may be acquired by City 34 136 LANDLORD AND TENANT— Distraint proceedings—Costs not refunded 48 148 Markets—nature of license; right to cancel 47 4 Zoning Ordinance not negated by action under eviction ordinance 50 158 LANHAM ACT— Defense Housing Project for Negroes 42 208 42 212 LAUNDRIES— Assessments; abatement not permitted 51 240 Automatic—Prohibition on Sunday 53 82 Personal property tax—Subject to 51 153 See also Zoning. OCTOBER 1, 1931—JUNE 30, 1963 163

Volume Page LAW LIBRARY— See Bar Library. 42 212 LEAGUE OF MARYLAND SPORTSMEN— City can make agreement as to boating and fishing con- cessions on Lake Roland 45 134 LEAKIN PARK— Development—Jurisdiction of Commission on City Plan 40 199 "Park" may consist of square or small area 38 19 Sale—Conditions as to; investment of proceeds in an- other single park 45 253 See also Parks. LEASEHOLD PROPERTY— Razing improvements does not cause reversion to ground rent owner 55 116 LEASES— City Hospitals—Private developer, for housing 54 147 Friendship Airport—Discussed 53 250 Friendship Airport—Necessity to record 55 195 Off-Street Parking Commission—Funds loaned on 47 19 Pier 6 to Social Security employees 46 259 Procedure for making 54 147 Sales—Conditions as to; investment of proceeds in an- other single park 45 253 See also Airports; Contracts; Landlord and Tenant; Parks. LEAVE OF ABSENCE— Leave by employee on account of accident 35 99 See also Civil Service Commission; Employees.

LEFT-HAND TURNS— Certain vehicles exempt from requirement 49 163

LEGAL HOLIDAYS— People's Court to observe 51 198 See also Holidays.

LEGISLATIVE POWERS— City Council cannot abridge 52 49 Delegation—Discussion 53 52

LEGISLATIVE REFERENCE, DEPARTMENT OF— Bids—Destruction of duplicate copies 49 116 Lending records—Procedure 49 251 164 OPINIONS OF THE CITY SOLICITOR

Volume Page LEWIN AVENUE— Railroad crossing on—Safety gates to be maintained 46 172 LEXINGTON MARKET— Licensees—Not entitled to compensation for discon- tinuance of stalls at end of license year 39 67 LEXINGTON MARKET AUTHORITY— Minor privilege charge for 48 5 Parking facilities not subject to license fee 48 127 Sewer service charge and tax—Liability 52 135 LIABILITY— City inspectors should not sign releases for liability while making inspections 37 55 Contract—City not liable for insurance premium on . . 37 64 Policy in connection with minor privilege should pro- tect City 35 41 LIABILITY INSURANCE— Policy held to protect City 52 19

LIABILITY OF CITY— Nurses—Insurance to protect City in case of injury to . . 43 1 Water tower—Use by Fire Watchers 41 171 See also Airport.

LIBRARY— See Enoch Pratt Free Library; Loans.

LICENSES— Admissions—Sale of tickets—Application of 47 63 Alcoholic beverages—No authority to refund fees .... 41 120 Alcoholic beverages—Refunds 39 199 Alcoholic beverages—See also under that heading. issued 39 17 Alcoholic beverages—Refunds not authorized 41 199 41 214 Alcoholic beverages—See also under that heading. Aliens—When required 41 108 41 111 Amusements—Apply to baseball and hockey machines. . 46 98 Amusements—Carlin's Park; separate license for each building or for each amusement 40 122 Amusement devices; application discussed 51 66 Amusement devices on any "premises" 49 122 Application fee and license fee distinguished 53 175 Auctioneers—Fees increased 50 23 OCTOBER 1, 1931—JUNE 30, 1963 165

Volume Page LICENSES—Continued: Auctioneers—Fee not to be refunded 51 127 Auctioneers—Reports of sales 50 316 Auctioneers—Uniform fees 52 29 Bail bond license—Fee to be refunded if license is not issued 53 175 Beauty culture—Teachers in public schools to secure license 40 131 40 132 Billiards—Fee 54 92 Bowling alleys—Fees 54 92 Building contractors—Proposed ordinance 46 68 Bull fights; statutes applicable to 51 111 Charity solicitations—Goucher College Council not re- quired to secure 40 206 Charity Solicitations Commission—Fee payable to Bureau of Receipts 40 184 Circus—Cannot give performances on Sunday 45 115 City Collector to issue 42 31 Coal—Revocation of license 43 50 Coal—Substitute vehicles 43 118 Coal dealers—Ordinance No. 1215, pending in Council, invalid in present form 34 44 Coal dealers—Requirement as to corporate seal 42 195 Colts; fee payable 53 44 Dancing academies 39 150 Dancing schools—Right of transfer 50 139 Dancing schools—Y. M. C. A. not included 50 170 Dog tracks—Conditions for licensing 41 258 Dogs—License year 40 3 Employment agencies—Two operated by same person. .51 46 Entertainment—Return of fee not allowable 33 300 Fees increased—Effective date of 50 23 Fifth Regiment Armory—Annual license cannot be required 49 37 Fresh fruits and vegetables—Law construed 54 307 Gas appliance dealers—Auctioneer exempt from pay- ing fee 33 243 Going out of business sale—Executor does not require 50 195 "Going out of business sale"; requirements discussed ..51 116 Gypsy—License covers one encampment only; what may be done under 32 1 Gypsy—When license expires 32 2 Hawkers—Covered by State licenses 54 307 Hotel—Revocation of 47 179 166 OPINIONS OF THE CITY SOLICITOR

Volume Page LICENSES—Continued: Hotels and rooming houses—Return of fee when license refused , 35 32 Interstate commerce—Effect on 49 20 Itinerant vendors—Does not apply to boats 33 152 Judgment debtors—Writ of fi fa against 52 200 Junk dealers—Defined by Court 46 165 Junk dealers—Nature of business discussed 51 168 Junk dealers—No refund for unused license 41 175 Market—Nature of; right to cancel 47 4 Market stalls—Transfer of 53 224 Meat—Health Commissioner cannot delegate power to hold hearings for revocation of licenses 33 236 Meat—Wholesale grocers required to secure for sale of canned 38 40 Meat inspection—When entitled to refund 42 40 Meat products—One license fee where one establishment 46 261 Meat products—Power to revoke 48 138 Meat products—Slaughterers; processors 47 287 Minors—Institutions having care of 32 63 Mobile riding units—Application to non-residents ... 50 350 Mobile riding units; non-resident bar held invalid .... 51 173 Motor Vehicles—See under that heading. Multiple dwellings—Fees are not liens 55 55 Multiple family dwellings—Cooperative apartments subject to 54 237 Multiple family dwellings—See also Multiple Dwellings; Multiple Family Dwellings. Open air garages—See under that heading Open air parking lot—See under that heading Parking garage—Lexington Market Authority not sub- ject to 48 127 Parking lots—Fees not refundable 44 161 48. 131 50 172 Pawnbrokers—No refund for unused portion of license. 33 301 45 230 Peddlers—Covered by State license 54 307 Permits issued by Buildings Engineer 42 31 Pinball machines 38 99 39 183 40 129 51 66 Pool room—Fees not to be refunded 50 263 Pool room—Mayor's power to revoke 47 232 OCTOBER 1, 1931—JUNE 30, 1963 167

Volume Page LICENSES—Continued: 47 234 Pool room—Power to revoke 43 207 Pool room—Protest 43 207 Pool rooms—Refund of fees not authorized 50 214 Prorata for partial year 49 255 Refund—Alcoholic beverages; when may be allowed 40 175 Refund—For over-payment of vending machine licenses 45 242 Refund—No provision for 50 263 Refund—When authorized 52 197 Refund—When license issued in error 41 225 41 226 "Regulatory" and "revenue producing"—Distinction 47 132 Renderers and disposers of waste of animal products ... 32 93 Savings and loan associations—City's power to tax ... 52 14 Selling on the street 32 241 54 307 Sheriff's fee for issue of 48 20 Shows and theatrical performances 48 20 Solid fuel—Proration of fee 51 17 Stadium—Sports event held in 47 132 State-owned buildings—Building Code not applicable to 49 37 Street vendors 32 241 33 300 54 307 Sunday amusements—What may be licensed 47 192 Traders—Payment of taxes on stock and fixtures 50 5 Transfer of, approved ... . 50 139 Vending machines 46 15 Walkathon—Power in Mayor to issue 45 114 See also Markets; Minor Privileges; Permits; Re- funds. Wholesale meat dealers—Construed as to Twin Food Stores 49 103 Permits; Refunds. Wholesale meat dealers—Pro-rata fee for partial year. . 49 255 See also Markets; Minor Privileges; Motor Vehicles; Permits; Refunds. LICENSE COMMISSIONERS— City has no power or control as to personnel or ex- penses 34 95 Employees—Number and compensation 38 104 Salaries of employees not retained by new Board for two-week period; Courts should decide 34 106 168 OPINIONS OF THE CITY SOLICITOR

Volume Page LIEN CERTIFICATES— Minor privilege permit cannot be refused on account of unpaid item not shown on 34 28 Taxes not shown on are not liens against property ... 39 156 See also Liens. LIENS— Benefit assessments 39 55 City does not have lien against State property for repairs to sidewalks 34 12 Claim for wages due for work done for sub-contractor at school building not lien against amount due gen- eral contractor 33 247 Demolition of buildings—Cost; collection 54 189 Extinguishment by Federal tax sale does not cancel debt 55 14 Federal income taxes; payment 51 220 Franchises—Tax lien held not to exist 53 99 Lien certificate—Charges not disclosed cease to be liens against property; obligation of former owner 41 43 Lien certificate—Taxes due not shown on, are not lien against property 39 156 Lien certificate—See also under that heading. Medical service—Registered mail 51 4 Multiple dwelling license fees held not to be 55 55 Minor privileges 39 57 Minor privileges—One year in case of temporary privi- leges 38 128 Plumbing charge omitted in lien certificate not lien on property 39 82 Procedure to make judgment of People's Court a lien against real estate 35 198 Real estate tax liens—Priority 54 136 54 250 Street, alley, footway walk 51 67 Taxes—Bankruptcy cases 54 145 Taxes—Cannot be waived 33 178 Taxes—City's priority 54 250 Taxes—Extinguished by Federal tax sale 55 14 Tax lien certificate—See under that heading. Tax liens not lien against wages and salaries 46 266 Water—Unpaid bills; status 50 120 Water rents 33 50,57 33 109 39 61 OCTOBER 1, 1931—JUNE 303 1963 169

Volume Page LIENS—Continued: Water—City does not have in Metropolitan District. 35 122 Wharfage—Is not lien on vessel 32 148 See also Notices.

LIFE GUARD— Temporary employment as—Does not qualify for Re- tirement System 50 130

LIGHTING— Bridges—City must provide for 36 88

LIGHTING OF STREETS— See Streets.

LIGHTS— Installation over basement vaults under sidewalks .... 51 105 See also Nuisances. LIGHT STREET WATERFRONT— Plans of February, 1947, to be followed 46 264

LIMITATIONS— Civil claims—Law cited 54 53 Defense by contractor against sub-contractors claims— Ruling 50 132 Filing claims for refund of taxes 43 75, 77 For refund of taxes paid in error 43 117 Franchise—Effective as to charges for 55 98 Municipal corporation—Held effective against 55 98 Old age assistance—For collecting where paid by City. .43 213 Public welfare charges—When expire 49 10 Statute applicable to applications for refund of taxes. . 40 9 Taxes—Enforced as to personal property 47 44 Taxes—Suits filed in People's Court 44 17 Tax refunds—Three-year rule 54 6 Tax sales—Foreclosure proceedings 54 31 Utility tax—Refunds; applied 54 33 When claim barred by 32 104 See also Refunds; Taxes.

LIQUIDATED DAMAGES— Discussion as to City's claim for 50 277 LIQUEFIED PETROLEUM GAS— Ordinances not applicable to 47 149 LIQUOR BOARD— See Alcoholic Beverages; Liquor License Commissioners. 170 OPINIONS OF THE CITY SOLICITOR

Volume Page LIQUOR LICENSE COMMISSIONERS— Age of part-time employee—Ruling 50 125 See also Alcoholic Beverages. LITTLE LEAGUE— Use of school site does not require liability insurance.. 53 220 LOAN FUNDS— Discretionary power in City as to expenditure of 35 158 LOAN ORDINANCES— Special Session of Council—Consideration of 39 219 LOANS— Advances—Distinguished from 47 264 Building Funds may be used to alter school building to be used as District Health Building 46 241 Changes in building plans—Powers as to 54 14 City Hospitals—Diversion of funds not permitted 52 212 Cost of advertising notice of sale 44 21 Courthouse—Expending proceeds 47 152 Diversion of funds—Not permitted 52 212 Diversion of funds—When permitted 52 273 Emergency loans—Power as to 49 64 Expenditures strictly construed 55 167 Jail—Use for rehabilitation center for alcoholics 52 158 Library—Expenditures for equipment 46 274 Library—Use for repairs 47 41 Off-street parking 46 229 Off-street parking—Expenses of proponent cannot be paid from 48 205 Off-street parking—Funds loaned on leased properties.. 47 19 Off-street parking—Funds used for buying land, con- structing improvements 48 169 Off-street parking—How payments applied 47 20 Off-street parking—Leased land 49 47 Off-street parking—On full faith and credit of City. . . 48 199 Off-street parking—Payment of salaries and expenses. . 46 288 Off-street parking—Time for repayment 46 273 Off-street parking—Use of funds 46 75 Off-street parking—Use of funds for mortgaged property 47 28 Park and Recreation loan; not to be used for animals in zoo 51 264 Parks—Transfer of funds permitted 52 273 Part of loan cannot be transferred or expended other than as authorized in loan act 43 189 People's Court—Expending proceeds 47 152 OCTOBER 1, 1931—JUNE 30, 1963 171

Volume Page LOANS—Continued: Port development—Agreements as to 48 153 48 175 Port development—Uses discussed 49 95 Port of Baltimore—Available funds 48 153 Potee Street acquisition cannot be financed from 47 257 Proceeds may be used to repair fire boat 35 168 Proposed at 30-day session—Must be emergency 48 162 Purpose of expenditure strictly construed 55 167 Recreation loan—Use for swimming pool approved 49 89 School buildings—Use for repair of 44 12 School loan—Use of funds for playground permissible. 44 78 Schools—Use of funds for parental school 47 71 Schools—Use of money discussed 51 222 Sewer—Reimbursement of expenditures by City at Cur- tis Bay Disposal Plant 40 103 Stadium—Canvass cover for field 48 47 Stadium—Construction plans not to exceed amount of loan 46 86 Stadium—Transposition of chapter numbers of Acts relating to Library and Stadium Loans not fatal.... 45 310 Temporary—City may make 33 59 Temporary—Relief purposes 36 22 Temporary—Tax anticipation 32 164 Traffic Signal Loan Fund—Use for truck 49 81 Use for repair of buildings, paving, etc 44 12 Use of funds from, construed 53 167 Use restricted for specific purpose 51 96 See also City Stock; Public Improvement Commis- mission. i !» LOCAL LAWS— ' General laws—Discussion of conflicts 55 162 See also Charter and Public Local Laws. LOCH RAVEN BOULEVARD— Benefit assessments—Lien of City on abutting property . . 36 94

LOMBARD STREET— Parts of it are dedicated as public street 42 26 LONEY'S LANE— Bridge over—Obligation of Railroad to widen to con- form to widened street 32 79 Railroad siding across 47 37

LORD BALTIMORE HOTEL— Valuation of personal property 53 215 172 OPINIONS OF THE CITY SOLICITOR

Volume Page LORD BALTIMORE PICTURES— See Enoch Pratt Free Library. LOYOLA COLLEGE— Fire gongs not required in faculty residence 39 110 LOTTERY— For sale of art object; illegal 40 32 LUNATICS AND INSANE— Adoption—Action of incompetent parent 47 195 47 197 Court costs for sanity hearing—City held responsible 50 96 See also Insane; Retirement System.

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MACHINERY— Real or personal property—Distinction 52 226 McCOMAS STREET FACILITY— Agreement with Western Maryland Railway 48 153 48 175 Insurance—Obligation of Western Maryland Railway Company to secure War Risk Insurance under its contract 41 227 Permit for work at 46 40 McCOMAS STREET TERMINAL— Contract construed 49 236 McSHANE COMPANY— Stadium—Bid on 47 1 MAGISTRATES— Annual leave with pay; ruling 50 253 Commitments—Cannot be recalled or amended; clerical error 48 68 49 233 49 254 49 277 Commitments—Power to convert error as to 48 68 Jail sentence—Power to impose 50 267 Retirement System—Eligibility for membership 49 156 Sentence—Clerical error as to 49 187 State officers—Ruling 50 234 Substitute—Compensation 49 168 OCTOBER 1, 1931—JUNE 30, 1963 173

Volume Page MAILS— Traffic regulations may not interfere with 48 110 See also Certified Mail; Registered Mail. MAINE AVENUE— Parking at intersection of 49 84 MANDAMUS— Governor subject to, in discharge of ministerial duties. .32 214 MANUFACTURERS' TAX EXEMPTION— See Tax Exemption. MARINE RAILWAY— Permit in front of property on Patapsco River 40 194 MARINE STREET— Owned by City 41 11 MARION STREET— Bridgeway over and tunnel under (May Company).... 45 56 MARKET STALLS— See Belair Market. MARKETS— Beer—May be sold in 33 133 Bel Air Market—Cannot be extended to enclose side- walk with permanent structure unless such portion of street is closed by ordinance 35 187 Broadway Market Hall—Ordinance for lease of to No- tional Guard 32 257 Contract for cleaning—Maximum hours and minimum wages for employees 45 6 License—Right to cancel for violation of ordinance.... 47 4 License fees; rents 33 43 License may be refused where licensee fails to pay license and rental of another stall 34 118 Licensees — No legal claim for compensation where stalls or stands are discontinued at end of license year 39 67 Marsh Market—Telephone tax exemption 52 224 Meats—Competition by stores near markets 32 168 Ordinances—Power and duty to enforce 39 138 Notice—Requirements to cancel lease 47 4 Stalls—Revocation of minor privilege; power of Board of Estimates 49 143 Stalls—Sale of; rights of purchasers 33 43 Stalls—Taxable where purchased at public auction. ... 33 45 174 OPINIONS OF THE CITY SOLICITOR

Volume Page MARKETS—Continued: Stall space not subject to Federal tax seizure . 49 108 Street stalls—Power to remove after market hours 39 138 Superintendent of—Retirement provisions as to 47 59 Transfer of license for stall 53 224 Wholesale Fish Market—Spaces must be rented for full year 35 2, 3 Wholesale Produce Market—Hours during which open 35 166 35 167 MARQUEE— See Minor Privileges.

MARSH MARKET— See Markets; Marsh Market Authority; New Marsh Wholesale Produce Market Authority.

MARSH MARKET AUTHORITY— Bonds; investment in, by Retirement System 51 229 Telephone tax—Held exempt from 52 224

MARYLAND AVENUE BRIDGE— Pennsylvania Railroad to repair water drains 32 252

MARYLAND BISCUIT COMPANY— Renewal of franchise for bridge over Welcome Alley. . 32 125 MARYLAND DRYDOCK COMPANY— No franchise charge for Childs Street 41 132 Pier—Charge for is rent or franchise and refund not allowed 45 147

MARYLAND EMERGENCY HOUSING AND PARK COMMISSION— Powers of condemnation, etc 34 112

MARYLAND HOSPITAL SERVICE— Hospital care for which patient is reimbursed 51 252 51 268 MARYLAND INSTITUTE— Payments may be made to—Conditions 54 269 MARYLAND PENITENTIARY— Cigarette tax—Sales to inmates subject to 45 228 MARYLAND PORT AUTHORITY— Baltimore City laws and ordinances apply to 52 11 Harbor—Responsibility for dredging; discussion 53 185 Positions transferred from City employment 51 213 Retirement rights of City employee who transferred to 51 255 OCTOBER 1, 1931—JUNE 30, 1963 175

Volume Page MARYLAND, STATE OF— Building Code not applicable to 49 37 MARYLAND TRAINING SCHOOL FOR BOYS— Claim for cost of care 49 207 City Hospitals; required for 51 163 See also Electrical Work. MASTER IN CHANCERY— Held employment, not an "office" 50 304 MASTER PLAN— Planning Commission determines priorities in land cases 51 227 See also Planning Commission. MASTER PLUMBER— See Plumbers. MASTER-SERVANT RELATIONSHIP— Requirements for 51 161 MAYOR— City Stock—Cannot delegate authority to sign 33 96 Fireworks—Permit for use to frighten starlings 32 212 Licenses—Mayor may license walkathons 45 114 May re-submit name of person previously rejected but Council need not act; may, however, confirm 43 73 Ordinances—Incoming Mayor may sign ordinance passed during preceding term 45 237 Planning Commission—Substitute for 47 13 Pool room—Power to revoke license 47 232 47 234 Power to approve or revoke certain licenses 43 207 School contracts—Approval of 48 67 Succession in event of vacancy 53 140 Vice-President of Council may act as 43 15

MEASURES— See Weights and Measures.

MEAT— Inspections at slaughter-houses outside City 51 22 License to receive condemned meat from slaughter houses 43 113 Sale near markets not prohibited 32 168 See also Health. MEAT DEALERS— Wholesalers' licenses—Construed; pro-rata fee 49 103,255 176 OPINIONS OF THE CITY SOLICITOR

Volume Page MEAT INSPECTION— Effect upon interstate commerce 49 20 License fee; place of business construed as one establish- ment 46 261 Not required to furnish service to out-of-town slaugh- terers 32 71 Proposed amendment to ordinance relative to inspec- tion of meat shipped into City from outside the State 32 280 Renderers of waste products—License required 32 93 See also Licenses.

MEAT LICENSES— Power to revoke 48 138

MEAT PRODUCTS— Licenses for slaughterers, processors 47 287

MECHANICS— When residents to be employed as 32 240, 247

MECHANICS' LIENS— Does not apply to municipal buildings 32 154 Friendship Airport—City not liable for 47 92

MEDICAL CARE— Who entitled to 38 62 MEDICAL EXAMINERS BUILDING— Loan funds—Purpose strictly construed 55 167

MEMORIAL STADIUM— See Stadium.

MENTAL HOSPITALS— Duty to support son at 49 120 Father to support son in 47 87 Patients committed from Baltimore City charged to City 50 241 Responsibility of City for patients from 52 146

MENTAL HYGIENE— See Insane; Lunatics and Insane; Mental Hospitals.

MERCHANTS & MINERS TRANSPORTATION COMPANY— Franchise for Pratt Street Pier—Release by ordinance 46 74

MERCHANT TAILOR— See Tax Exemption. OCTOBER 1, 1931—JUNE 30, 1963 177

Volume Page MERCUROCHROME— Is registered trade name and cannot be used in connec- tion with another product 45 153 MERIT SYSTEM— See Civil Service Commission. METEOROLOGICAL STUDIES— Cooperation as to with Hopkins 46 257 METROPOLITAN DISTRICT— Water—City may require deposit for users of 35 122 MEXICAN LABORERS— See Laborers. MIGRANT LABORERS— See Labor Camp. MILITARY LEAVE— Employee held under facts to have no credit in Retire- ment System 49 275 No pay for employee during period of 49 274 See also Retirement System. MILITARY SERVICE— Employee not returning to City service 51 9 Resolution as to municipal employees entering 40 40 Retirement system—Enlisted period not creditable. ... 51 13 Retirement system—Leave given under State law 52 26 Retirement system—Prior service credit not allowed. . 53 93 Taxes—Interest, but not penalty, to be imposed on un- paid taxes 42 85 MILITIA— See National Guard; State Guard. MILK— Bobtailers—Health Commissioner has no power to elim- inate by regulations; power of City to do this by ordinance 37 84 Inspection of dairy farm for permit to sell selected raw milk is mandatory 32 75 "Instantwhip"—Milk Ordinance does not apply to sale of 37 93 Power of Health Commissioner to make regulations concerning handling in dairy plants 34 27 Regulations as to inspection of dairy plants, etc 35 73 Regulations as to sale of standardized milk 39 64 See also Dairy; Health. 178 OPINIONS OF THE CITY SOLICITOR

Volume Page MILK COOPERATIVE— Not exempt from advertising taxes 51 198 MINIATURE TRAIN— Proposed concession for operation in Druid Hill Park.. 46 202 MINIMUM WAGES— Off-street parking structures—Provision not applicable to 50 58 Ordinance enforced against contractor 53 28 MINOR PRIVILEGES— Abatement—No abatement until tunnel under Edison Highway is removed 43 41, 42 Abatement—Not allowed for pier on mere claim it belongs to U. S 43 78 Advertising signs on lamp posts—Permits; liability of City 36 36,40 Advertisements on streets and sidewalks 34 109 Alteration of vault does not make it subject to tax 46 142 Application for, not refused for unpaid item not shown on lien certificate 34 28 Areaway—Not necessary for altering 42 42 B. & O. Railroad—Extension of permit for vault without charge 39 153 Benches on streets—Permit for advertising on; con- ditions 46 143 46 176 Board of Estimates may grant; conditions 35 57 Board of Estimates may not grant if prohibited by law 44 66 Board of Estimates may require notice to be posted on premises before granting 45 46 Bow windows 35 28 Cancellation of charges for mere replacements 34 87 Cancellation of charges—Tunnel must be eliminated.. 43 41,42 Charges—Conditions for increasing 45 36 Charges—Liens 32 233 Charges—To whom bills for, should be sent 33 290 Columns or piers—Permits for may be granted by Board of Estimates 36 2 Conduit—Defective; procedure 46 190 Delinquent—May be included in advertisement of prop- erty for tax sale 33 10 Electric sign on wall 33 242 Encroachment on footways in nature of 33 303 Extension beyond building line—Permit required 43 47 Federal Works Agency—Permit required for Curtis Bay sewer 42 22 OCTOBER 1, 1931—JUNE 30, 1963 179

Volume Page MINOR PRIVILEGES—Continued: Fence erected behind sidewalk, not enclosing City prop- erty 47 67 Fence extending into sidewalk area 49 15 Fruit Stand at Lexington and Liberty Streets 40 24 Garage Doors—Board of Estimates cannot permit for more than 2 feet over sidewalk 41 31 Holder responsible for extraordinary costs 51 105 Interest and penalty charges for, overdue 32 232 Lexington Market Authority—Cost of 48 5 Lien—for one year in case of temporary privileges. . . 38 128 Marquee erected prior to 1900 not subject to charge. . 39 81 Morgan College—Abatement of 41 145 National Can Corporation—Planking roadway 47 76 NewKirk Street—May be assessed on 38 75 Notices—May be required before granting 45 46 Penalty may be added to unpaid bills 50 64 Permit—Invalid when requirements not complied with 38 12 Permit—Invalid when requirements not complied with. 38 121 Permits—Revocable at will 32 177 Permit—Revocation; sub-leasing 40 146 Permits near Bethlehem-Fairfield Shipbuilding Plant. . . 42 233, 234 Permits—Non-assignability of temporary 40 151 Pier—Change for is rent or franchise and refund not allowed 45 147 Pier and bulkhead—Payable for, but not for reclaimed land 43 3,4 43 151 Pipe line—Permit from Board of Estimates required to place across street 35 20,41 Planking roadway to be a 47 76 Proposed revision of charges; revocable permits; condi- tions to make charges retroactive 45 129 Power to grant, without special injury to anyone 50 210 Receivership—Collection of charge from 52 79 Railroad switch—Payable by Company 41 177, 178 Refund—Change in classification does not entitle to; application for reduction in charges required 36 8, 9 Refund—Charge for billboards 51 189 Refund—Marquee which was not erected 45 62 Refund—Newspaper vending machines on pro rata basis 41 246 41 247 Refund—Property belongs to U. S 44 39 Refund—Pro rata charge in case of abandonment.... 45 92,93 Relocation of cellar door 2000 E. Federal Street exempt 180 OPINIONS OF THE CITY SOLICITOR

Volume Page MINOR PRIVILEGES—Continued: from tax without demanding fee; City estopped from raising question later 33 8 Removal of dangerous obstructions 39 174 Replacement of existing areaway 46 103 Revocation—Power of Board of Estimates 49 143 Revocation—Requirements as to 45 36 Sidewalk—Board of Estimates may not permit, for dis- play of automobiles 41 25 Sidewalk displays—Liens 39 57 Signs—Removal and disposition 47 50 Signs—Graduated rates held unwise 49 214 Signs—Over sidewalks 39 197 Skids—Load freight cars 46 157 Temporary—Revocation of; conditions for removal... 35 155 U. S.—Application for storm water connection of Na- tional Cemetery 37 15 U. S. Industrial Alcohol Co.—Laying of steam pipe line under streets 34 8 Water Pipe in Edison Street—Rustless Iron and Steel Company 41 148 West Baltimore General Hospital — Charges abated and annual assessment cancelled 45 65 Zoning—Power of Board to approve permits for 35 193

MINORS— Alcoholic beverages—On premises; discussion 54 92 Auxiliary fire brigade—Ability to contract for 48 14 Billiards—Presence on premises 54 92 Bowling alleys—Use; general discussion 54 92 Claims for injuries—Release should be signed by foster mother and Department of Welfare 41 207 Defined; Discussion of term 54 92 Guardian—Appointment of mother as 49 207 Hamilton Recreation Center—Held not employees. ... 49 136, 171 Illegitimate—Cost of care at City Hospitals 54 312 Interest in City stock—Requirements for transfer. ... 46 207 License required of institutions caring for 32 63 Library work—Work permits not necessary 52 31 Parents—Autopsies authorized by 50 27 Parent's duty to support 48 39 Residence of 41 124 Stepfather not liable for maintenance when he does not have custody 46 253 Surgery on child committed to Welfare Department. ... 54 165 54 263 OCTOBER 1, 1931—JUNE 30, 1963 181

Volume Page MINORS—Continued: When placement is socially undesirable—Procedure to be followed 46 185 See also Children.

MIXED REFUSE— "Place" construed as to removal 52 248

MOALE STREET— Not opened 40 194

MOBILE RIDING UNITS— Application of ordinance to non-residents 50 350 Non-resident bar held invalid 51 173

MONEY— City may borrow temporarily 33 59 Power of City to borrow in anticipation of taxes 32 164 Power to borrow temporarily 33 73

MONROE STREET— From Washington Boulevard to Wicomico Street — Status of 34 21

MONTEBELLO FILTRATION PLANT— See Water.

MONTEBELLO STATE HOSPITAL— Admission; eligibility 51 34

MONTGOMERY COUNTY CODE (I960)— Sec. 101-12 54 150 MONTROSE SCHOOL FOR GIRLS— Liability for expenses of minor dependent on place of residence 41 124 MONUMENTS— Change approved by Art Commission 51 194 Change in locations of, for streets 50 243 MOORE'S RUN— Erosion—Responsibility of City; general discussion.... 55 79 MORGAN COLLEGE— Minor privilege—Abatement of 41 145 Property accepted by City in trust for 35 108 35 115 MORGUE— Use of loan funds for, construed 53 167 Interest rate, if low, increases value of property 55 65 182 OPINIONS OF THE CITY SOLICITOR

Volume Page MORTGAGES— Off-Street Parking Commission—Funds used for 47 28 See also Taxation—Recordation tax. MOTHER'S RELIEF— Fostermother and stepmother not entitled to relief; who entitled 33 175 MOTION PICTURE THEATRES— Discontinued use of premises for a time without altering building not abandonment of right of such use 44 120 Ordinance not necessary for permit for addition to build- ing already used as motion picture theatre 45 12 Ordinance for in "C Area District" 39 170 Ordinance to extend time for permit 38 12 Permit does not lapse from non-user in particular case after actually being used 32 275 Permit not required for 1713-1715 Harford Avenue, as formerly used as theatre 41 1,2 Sunday laws may be changed—Procedure 53 134 Use of property for, under former ordinance, where property has remained vacant 40 62 Use of 3117-3119 W. North Avenue, under ordinance of 1914, although vacant for some years 40 62 Warner Street—Ordinance not necessary for addition to building used as , 45 12

MOTOR BUS— City does not require permit from Public Service Com- mission for operation of bus without profit 43 2

MOTOR GRADERS— See Motor Vehicles.

MOTOR TANK TRUCKS Must secure license from Fire Commissioners 33 62

MOTOR TRUCKS Subject to assessment if located in City even though used in interstate commerce 38 123

MOTOR VEHICLES— Abandoned—Procedure as to disposition of 42 236 Ambulances operated by City; requirements 51 121 Baltimore Transit Company—Fees for buses; effect on City's revenues 36 60 Boulevards—Ordinance prohibiting certain vehicles on, discriminatory 40 98 OCTOBER 1, 1931—JUNE 30, 1963 183

Volume Page MOTOR VEHICLES—Continued: C. & P. Telephone Co.—Not required to pay taxes on stock before license is issued 39 213 Chauffeur—License not required where driving car is incidental to his work 37 81 Chauffeur—Where license revoked on account of acci- dent while driving own car, ineligible to drive City car 45 100 Damages—School Board not liable where motor vehicles were operated by students 44 74 Danger or caution signals for commercial vehicles apply to City trucks 33 261 Definition of 49 165 Financial responsibility law—Applicable to City em- ployee driving own car on City business 45 99 Financial responsibility law—Applies to motor cycles as well as motor vehicles of Police Department 45 21 Fire Department—Drivers' licenses required for 50 190 Fuel—Number and size of price signs 49 272 Funeral cars—Applicability of traffic laws 50 98 Impounded—Auxiliary lots authorized 50 109 Intersection—Parking at, illegal 49 84 Jaywalking—Powers to control 51 164 Left-hand turns—Powers to except from requirement. .49 163 License Application, perforations of, requirements as to 40 5 Licenses—Payment of personal property taxes required; exception where property assessed in trade name.... 40 68 Local government authorities—Power to legislate as to 49 178 Motor graders—City not required to pay registration fees 41 28 Mufflers—Subject covered by State law 50 192 Noise—City may not pass ordinance 50 330 Noise—Law as to control of 49 145 Not subject to assessment unless owned on Oct. 1st. . 38 58 Operators—City has no power to license or regulate. ... 41 64 Parking in 1st Commercial Zone—Time restriction on passage 52 49 Parking—See also under that heading. Paying taxes with bad checks so as to secure license tags for 32 103 Police Department's power to sell if unclaimed 53 63 Oversize and overweight on State roads 51 94 Power of City to regulate traffic 51 78 Public Passenger Motor Vehicles — Effect of Budget Amendment on disposition of fees 36 49 184 OPINIONS OF THE CITY SOLICITOR

Volume Page MOTOR VEHICLES—Continued: Pylons—Responsibility for 48 12 Removal when obstructing street; contract 50 166 School teachers riding students; liability 50 324 Speed limits—TraiBc Director may not change 49 178 Taxes—Not required to be paid on other property before perforation of license application 40 14 Taxes—Payment by check on which "payment stopped"; procedure 40 111 Title—Taxes to be paid before new certificate may be issued 40 107 Titling fee—City probably exempt from 34 85 Towing charge for illegal parking—No refund provided for 46 237 Traffic lights—Provisions as to erection at intersection of through highways 43 21 Trucks—Prohibition of use of certain streets by long- haul trucks unfair discrimination 40 37, 55 Trucks—Traffic Director's power to regulate on City streets 49 158 Trucks—Weights of, on certain streets 47 115 Used Cars—When not to be assessed in hands of dealers 40 207 Validity of ordinance regulating parking between 1.00 A. M. and 8.00 A. M 38 52 See also Commissioner of Motor Vehicles; Off- Street Parking; Parking; Schools; Taxes; Traffic Division; Traffic Regulations; Trucks. MOUNT ROYAL STATION— Discontinuance of use—Land does not revert to City; City's possible claim to damages 53 63 MOUNT VERNON PLACE AREA— Preservation—Authority and procedure; general dis- cussion 54 116 Redevelopment and conservation—Additional authority for not recommended 45 208 MOVIES— See Motion Picture Theatres. MOVING COSTS— See Civic Center; Condemnation. MUFFLERS— City may not pass ordinance as to 50 330 Subject covered by State law 50 192 OCTOBER 1, 1931—JUNE 30, 1963 185

Volume Page MULBERRY STREET UNDERPASS— City's liability as to 48 7

MULTIPLE FAMILY DWELLINGS— Cooperative apartment buildings; payment of license fee 53 32 Cooperative apartment house not subject to licensing or- dinance 52 263 Cooperative apartments subject to ordinance 54 237 Fraternity house included within 55 74 Inspections may be combined 52 240 License fees are not liens against 55 55 Refund of fee not made if City purchased property. ... 53 151 MUNICIPAL AIRPORT— Federal funds for 38 126 See also Airports; Aviation; Friendship Airport; Harbor Field.

MUNICIPAL AND ZONING APPEALS— Abatement of assessments, interest and penalties 49 112 Advertising signs in Residential and Office Districts. ... 52 66 Appeals from Board; how taken 51 202 Assessments— See under that heading. Duplicate payments of water and miscellaneous bills do not require approval by Board 51 182 Paving assessments — Reduction either before or after appeal 52 62 Paving tax—Cost of curbs, gutters apportioned 51 208 Refund of taxes—No power as to 49 123 Salary raises for members of Board of 51 262 See also Appeals; Zoning.

MUNICIPAL EMPLOYEES' ASSOCIATION— See Classified Municipal Employees' Association; Employees. MUNICIPAL JOURNAL— Publication not mandatory 32 8

MUNICIPAL MUSEUM— Exempt from Federal tax on burglary and fire alarm service 41 138 Guards and watchmen under Workmen's Compensation 32 127 History, organization discussed 54 296 Purchases—Procedure discussed 54 296 186 OPINIONS OF THE CITY SOLICITOR

Volume Page MUNICIPAL MUSIC— City service—Provisions applicable to certain employees; contractual employees 41 217 Contract—Musicians may be employed by 41 217 Powers and duties of Director 41 157 Symphony concerts—Proposed agreement for 41 266 MUSEUM OF ART— History, organization discussed 54 296 Lottery for sale of art objects, illegal 40 32 Purchasing—Procedure discussed 54 296 Serving alcoholic beverages in, legal 48 213 MUSIC— See Municipal Music. MUSIC DEPARTMENT— Copyright for musical compositions used by Civic Sym- phony 39 180 MUSICIANS— May be employed by contract 41 217 MUTUAL INSURANCE— City may insure in mutual companies. . r 50 328 See also Insurance.

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NAME— Change of; may be made without legal proceedings; sug- gested procedure 41 44 Ruling as to change of 50 7 NARCOTICS— Addiction may be reported 55 . . 9 City Hospitals formulary for supplying patients con- forms to Federal regulations 43 64 Commitment and treatment of drug addicts 48 132 Hospitals may report addiction 55 9

NATIONAL BANKS— Advertising taxes; exemption 51 190

NATIONAL CAN COMPANY— Port project considered 49 95 OCTOBER 1, 1931—JUNE 30, 1963 187

Volume Page NATIONAL GUARD— Broadway Market Hall—Lease of 32 257 Employees—Leave of absence with pay for members of 39 210 See also State Guard. NATIONAL RECOVERY ACT— City cannot increase payments to contractors for in- creased costs under N. R. A 33 169 NATIONAL RECOVERY ADMINISTRATION— Contract cannot be modified to cover expenses incurred under N. R. A 33 207 NATIONAL YOUTH ADMINISTRATION— Property leased by not exempt from taxation 40 152 NATURALIZATION— Alien woman marrying American citizen 36 7 NAVIGABLE WATERS— Riparian rights—Manner of determining 49 151 NAVIGATION— Responsibility for safety of vessel 47 216 NEGLIGENCE— Airport—City not exempt from liability 47 16 Injuries to policemen—City has no right of recovery. . 49 256 Street contractor's responsibility for 49 154 NEGOTIABLE INSTRUMENTS LAW— Endorsement of check under power of attorney after death of payee 51 37,50 NEGROES— Employees' eligibility list may not be based upon race 51 126 Fair Employment Practices—Ordinance construed.... 50 9 Friendship Airport—Sale of alcoholic beverages to. ... 48 49 Park facilities—Requirements for separate races 42 242 Poly—Attendance in "A" course 49 3 Schools—Segregation held unconstitutional 50 1 See also Enoch Pratt Free Library. NEGRO HOUSING— City cannot designate particular site 42 208 42 212 Report as to situation 42 219 42 220 See also Housing. 188 OPINIONS OF THE CITY SOLICITOR

NEWKIRK STREET— Volume Page Public street and minor privileges may be assessed on. . 38 75 NEW MARSH WHOLESALE PRODUCE MARKET AUTHORITY— Officers and employees not covered by general surety bond 53 74 See also Marsh Market Authority. NEWSPAPERS— Press cards issued to reporters 47 29 NIGHT PARKING— Provisions as to 38 132 NIGHT SCHOOLS— Tuition cannot be charged for 33 103 NOISES— Application of ordinance to sound-making or sound reproducing devices on automobiles; when permits for use may be granted 32 115 Loud speaker making noise from park truck prohib- ited; on moving truck permitted 32 270 Motor vehicles—Law as to control of 49 145 Proposal to regulate broadcasting from airplanes 46 219 See also Nuisances. NON COMPOS MENTIS— Father liable for support of adult son in mental hos- pital 39 4 Payments by City should be to Committee 39 2 NON-CONFORMING USE— Non-Conforming Use—See Zoning. NON-RESIDENTS— Advertising taxes; periodical sold outside State is not exempt 51 192 Bids on municipal work not barred 50 136 Circus and carnival—Requirements as to 48 201 City Hospitals—May be admitted 52 212 Former resident residing abroad must show clear indi- cation of changing domicile to escape taxation of securities deposited here 32 278 Fuel tax—Obligation of out-of-State sellers to collect from City buyers 49 296 Licensing bar held invalid 51 173 Living on boundary line—Domicile determined 47 146 Mental hospital patients—Responsibility for care in.. 52 148 Mobile riding units—Application of ordinance to 50 350 OCTOBER 1, 1931—JUNE 30, 1963 189

Volume Page NON-RESIDENTS—Continued: School tuition—Fraud in avoiding 53 227 School tuition—Ordinance construed 54 286 Utility tax collected from, in error—Refund 54 33 See also Schools; Tuition Fees. NORTH AVENUE— Property on the south side between Charles Street and Maryland Avenue—Agreement as to building line. . 33 293 NORTH AVENUE MARKET— Bankruptcy proceedings—Tax sale not permissible but taxes will be prior claim 36 20 NORTH POINT ROAD— Drainage Problem—Prescriptive right to use ditch. ... 41 127 NORTHERN CENTRAL RAILROAD— Central Avenue—Cars standing in 47 34 See also Franchises. NOTES— See Bonds. NOTICES— Adoption proceedings—What necessary 47 197 Baltimore Transit Company—Paving of Curtis Avenue between Benhill Avenue and Plum Street 41 73 Building law violations 42 184 Buildings—For razing unsafe 38 70 Footway paving assessments 46 32 Health and Building Code violations — Inadvisable to include in lien certificate 45 47 Markets—Required to cancel lease 47 4 NUISANCES— Abatement of 33 180 Abatement of, by Health Department 50 151 Harbor—City's responsibility to abate 53 185 Noise and light—Private suit available 44 1 Power of Health Commissioner to abate 40 53 Public—Discussion of 55 43 Quarry not, per se 47 42 Slaughter house—When may be declared a nuisance. .43 147 Trees—When may be ordered removed 40 121 NURSERY SCHOOLS— Ordinance for emergency loan 45 74 Tuition may be charged 54 277 See also War Nursery Schools. 190 OPINIONS OF THE CITY SOLICITOR

Volume Page NURSES— Unmarried—Policy as to hiring 50 45 Workmen's compensation law—Not under 35 214 37 128 43 2 NURSES AIDES— Probationary period for 47 52

NURSING HOMES— Authority for—General discussion 54 101 Authorization to operate also covers Use District pro- visions in Zoning Ordinance 53 209 Certificate of occupancy 40 100 40 101

NYLONS— Mismarked, misrepresented, etc.—When sale of may be prosecuted 45 305

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OATH OF OFFICE— Comptroller—Trustee of retirement systems; not re- quired 55 151

OBER ACT— Pratt Library—Employees covered by 47 177

OBSOLETE LAWS— Sees. 861-864 and 867 of 1938 Charter and Local Laws 46 276

OFFICE— Foreman in Bureau of Mechanical-Electrical Service may also be member of Legislature 42 18& Holder not to be interested in contracts 50 19 Holding two—Consulting engineers not office 38 115 Holding two—With salaries not approved 48 104 Holding two—Without salaries approved 45 194 Term construed—Person holding two offices 50 303 50 304 Word construed—Employer-employee relationship. ... 51 161

OFFICE OF PRICE ADMINISTRATION City cannot impose penalty for selling goods in excess of OPA prices 44 137 OCTOBER 1, 1931—JUNE 303 1963 191

Volume Page OFFICER— Alien resident as 49 39 Appraiser of property not an officer 50 43 Attorneys included in term 48 24 Chief Surgeon of Baltimore City Hospitals is not 34 42 Civic Center Commission—Member construed as 53 1 Consulting engineer not officer of City 38 115 Contracts—May not be interested in if City is party.. 45 291 Election Supervisors—Status as to salary 51 92 Municipal—Power to change title of 47 123 Pratt Library—Director not an officer 51 82 Request to take leave of absence 49 173 Requirements as to citizenship 47 230 Responsibility as to when disabled employee may return to work after accident 45 105 Salaries cannot be increased during term of office 44 91 Term characterized 49 126 Term distinguished from "employee" 50 200

OFFICIALS— Not liable generally for acts of subordinates 33 105 Sale of materials to City 34 101

OFF-STREET PARKING— Acquisition of property—How done 47 28 Building facilities not part of City's power 53 105 Central Parking Company—Agreement with 47 74 Civic Center—Funds may not be used to assist 51 96 Central Parking Company—Terms of agreement with 47 74 Commission—Powers of 46 235 Commission—Salaries and expenses to be paid out of loan funds 46 288 Expenses of Commission as part of project cost 48 62 Expenses of proponent cannot be paid from loan funds 48 205 Fire insurance coverage required 49 180 Fire insurance to be carried by operators 52 205 Funds for, restricted to specific purpose 55 7 55 114 Funds used for buying land, constructing improvements 48 169 License required under open-air garage ordinance 49 93 Loan funds—Cannot constitute revolving fund but must be expended as authorized 46 229 Loans—Leased properties 47 19 Loans—Made on full faith and credits of City 48 199 Loans—Repayment in twenty years 46 273 192 OPINIONS OF THE CITY SOLICITOR

Volume Page OFF-STREET PARKING—Continued: : Minimum wages provision not applicable in contracts.. 50 58 Monies applied, for structural improvements. 47 20 Mortgaged property—Use of funds for, 47 28 Multi-purpose structure not authorized 50 320 : Municipal operation held not authorized 50 146 Parking structure, on leased land 49 47 Payments in lieu of taxes—Discounts and interest apply to ,...... ,.., 52 125 Planning Commission can determine priorities of use. . 51 227 Powers of City discussed 53 105 Powers of Commission to use loan funds 46 75 Procedure for acquiring property by condemnation.... 46 271 Procedure for making loans 47 20 Rates of fees—May be provided for in contract with operator of parking facility 46 234 Required in proposed construction 47 84 Parking structure on leased land 49 47 Rivoli site contract held valid 49 133 Reconveyance of property to operator 51 95 OIL— When permit required for sale of 40 85 See Fuel Oil. OLD AGE ASSISTANCE— Assignment of property by recipient of; form and pro- cedure 42 181 Claims against estate of decedent for payments 46 53 Claim by City for payments; limitations 43 213 Claim of City against estate on account of payments to deceased 38 124 Limitations as to charges under 49 10 OLD AGE PENSIONS— Employees to administer are under Merit System 35 52 Residence—Requirement to entitle to; actual residence necessary 37 124 See also Pensions. OLEOMARGARINE— One-pound packaging requirement construed 51 162 ONE-WAY STREETS— Emergency power to provide 51 20 OPEN-AIR GARAGES— Applicable to Stadium 50 135 OCTOBER 1, 1931—JUNE 30, 1963 193

Volume Page OPEN AIR GARAGES—Continued: Discussed 46 268 Fees 51 5 Fees for space used by mechanical division 51 5 Individual parking spaces require license 52 87 Licenses : . . 46 268 License not required where no charge is made for storing vehicle 41 70 41 232 License required for storage garage 49 93 Ordinance to regulate 37 66 Parking meters on Johns Hopkins campus held to require license 52 124 Refund of fee denied 54 64 Refund of fee not authorized 52 197 Required of storage garage 49 93 Stadium—License fee applies to 50 135 Transfer of license approved 50 139 University of Maryland does not require license 52 181 OPEN AIR PARKING LICENSE LAW— Construed 53 165 OPEN AIR PARKING LOTS— License required under facts 53 165 Ordinance to regulate 37 66 Right of transfer 50 139 OPERATIONS— Hospital—Consent required 51 157 ORIOLES— Fee payable 53 44 OPTICIAN— Manufacturers' tax exemption not applicable to 55 147

OPTIONS— See Rights-of-way. OPTOMETRISTS— See Schools. ORDINANCE OF ESTIMATES— Allocated funds carried over to next year 54 225 Appropriations to outside agencies invalid 47 174 Bureaus—Transfer of between, not permitted 52 180 194 OPINIONS OF THE CITY SOLICITOR

Volume Page ORDINANCE OF ESTIMATES—Continued: Cannot be returned to Board of Estimates . 46 227 City Council's refusal to pass 52 145 Contingent fund—Expeditures held proper 53 77 Encumbered funds carried over to next year 54 225 General discussion of 54 225 General provisions as to 48 71 Judges—Pay raise for; Effect 48 119 Leakin Funds—Balance of proceeds to be included in Ordinance 45 142 Loan expenditures in 47 152 Loan funds included in 52 158 May not be returned to Board of Estimates by Council 38 25 Real Property Account—Expenditures from, to be in 54 9 Recall by Board of Estimates 52 145 Requirements and procedures discussed 54 202 Revenue estimates may not be revised after passage ... 54 215 Revenues in, to be estimated by Board of Estimates; surplus 47 99 Reversions—Power to estimate, use in new budget .... 54 202 School employees—Increase in number over 50 342 Schools—Employees reclassified without budgetary provision 47 226

ORDINANCES— Conflicting—Construction of 49 163 Effective date of 50 23 Mayor may sign those passed during term of predecessor 45 237 Readings—Special and regular sessions of Council . . 39 219 Rules—Effect of, in enactment 55 68 Veto—When to be acted upon 38 17

ORDINANCES CONSTRUED OR CITED— 1806— No. 19, March 18 36 92 1829— No. 28, March 28 41 89 1837— No. 31, April 10 47 34 1845— No. 21, April 19 36 115 1851— Res. No. 10, January 9 34 124 1853— No. 23, March 30 47 34 OCTOBER 1, 1931—JUNE 30, 1963 195

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: 1854— No. 40, July 17 42 140 No. 55, June 20 47 34 No. 80, July 29 42 140 1857— No. 3, January 30 42 141 No. 53, July 11 42 141 1860— No. 61, July 21 52 220 1861— No. 42, May 7 42 141 1862— No. 4, February 27 42 141 No. 47, July 15 36 105 1863— No. 37, May 2 42 141 No. 390, May 11 47 34 1865— Res. 81, May 6 39 121 1867— No. 6, March 20 36 114 1868— No. 68, July 10 34 123 1869— No. 37, May 29 33 131 1881— No. 35, April 1 40 85 1882— No. 106, July 18 33 238 52 46 1884— No. 141, October 6 54 277 1885— No. 72, May 9 36 114 1886— No. 78, June 3 47 269 1888— No. 10, March 20 33 222 1889— No. 41, May 9 33 64 1890— No. 83, May 14 32 79 1892— No. 51, April 18 53 63 196 OPINIONS OF THE CITY SOLICITOR

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: 1896— No. 123, September 2 41 238 1897— No. 16, May 6 35 34 No. 31, June 18 34 57 1898— No. 27, April 4 47 32 No. 96, June 15 34 121 ' 40 3 No. 107, August 25 33 64 54 37 1899— No. 201, April 27 41 182 41 183 1900— No. 81, December 10 33 65 1902— No. 59, May 29 34 57 1904— No. 57, March 17 33 182 No. 71, April 21 35 120 No. 133, August 15 33 222 1905— No. 2, June 14 33 294 No. 228, March 20 40 45 No. 238, April 19 42 108 43 204 1907— No. 5, July 5 33 235 No. 200, February 5 32 125 No. 256, April 5 41 183 No. 282, May 18 46 74 No. 283, May 20 35 166 1908— No. 121, May 18 49 14 No. 126, May 21 37 79 No. 138, June 3 34 121 No. 155, June 19 33 162 No. 203, November 10 37 79 1909— No. 330, May 27 37 79 No. 376, July .29 32 252 No. 387, August 16 35 27 55 98 OCTOBER 1, 1931—JUNE 30, 1963 197

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: No. 407, November 15 37 79 1910— No. 455, March 7 32 173 No. 508, May 23 33 58 No. 509, May 23 41 181 No. 578, October 28 47 60 1911— No. 43, December 14 39 63 No. 58, December 28 33 235 No. 58, December 28 36 11 No. 685, May 6 41 3 1912— No. 132, July 3 47 42 No. 151, August 17 32 167 No. 154, August 17 39 196 40 121 44 45 1913— No. 269, May 20 ...... '. 32 276 41 3 No. 346, October 2 38 59 38 94 45 120 1914— No. 415, March 5 41 177,178 No. 445, May 29 40 63 1915— No. 10, July 9 43 221 No. 32, November 23 35 61 35 62 No. 36, December 2 45 12 1916— No. 92, March 6 47 37 No. 113, April 3 32 257 No. 130, April 26 32 275 No. 152, May 31 32 275 No. 155, June 3 42 142 No. 180, October 3 32 151 1917— . . . No. 262, June 1 32 264 33 157 37 84,94 No. 266, June 13 45 95 198 OPINIONS OF THE CITY SOLICITOR

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: 1918— ... No. 338, May 4 34 21 No. 352, May 25 42 106 43 201 1919— No. 462, March 6 35 181 35 184 1919— No. 477, April 10 55 98 No. 478, April 10 55 98 No. 479, April 10 36 114 No. 480, April 10 55 98 No. 482, April 21 55 98 No. 564, May 20 46 44 1920— No. 195, March 5 51 128 No. 376, July 2 32 185 32 203 No. 377, July 2 43 179 48 175 No. 380, July 6 48 153 No. 517, November 11 33 17 1921— No. 549, February 1 < 47 37 No. 573, March 26 41 250 42 121 46 32 No. 610, June 22 33 17 No. 651, December 12 40 198 No. 665, December 20 37 102 1922— No. 710, May 22 32 282 33 104 No. 711, June 1 41 250 42 121 No. 713, July 19 40 12 41 277 45 289 45 290 No. 743, July 27 33 294 No. 753, October 20 41 224 42 206 34 22 38 91,93 OCTOBER 1, 1931—JUNE 30, 1963 199

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: No. 783, December 19 51 24 1923— No. 11, September 10 34 50 35 120 No. 35, October 26 33 65 No. 72, December 31 36 76 No. 813, January 29 46 44 No. 826, March 12 46 18 No. 922, May 19 35 196 1924— No. 140, April 3 36 89 42 206 No. 160, April 22 33 43 No. 186, May 28 40 163 40 184 41 141 No. 243, October 18 32 3,67 35 147 1925— No. 324, February 3 46 220 47 98 No. 369, April 23 37 79 No. 400, May 21 32 282 No. 402, May 21 37 57 No. 419, May 29 33 282 No. 421, June 2 36 89 42 206 No. 425, June 2 41 245 No. 431, June 17 32 93 32 280 No. 436, July 7 47 119 No. 534, December 24 33 62 No. 536, December 30 33 162 1926— No. 553, February 1 33 252 33 257 35 142 35 175 36 14, 19 36 24 36 119 36 125 36 142 43 39 200 OPINIONS OF THE CITY SOLICITOR

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: 44 25,37 44 119 45 107 45 299 46 92 47 182 47 190 47 255 48 109 48 166 48 215 49 18,66 49 99 49 148 No. 689, June 1 41 55 No. 710, March 15 32 282 No. 752, June 29 34 10 No. 765, July 7 39 83 41 43 No. 845, October 22 32 158 45 277 No. 846, October 22 39 225 No. 889, November 22 47 37 1927— No. 92, July 14 39 52 40 4 No. 105, September 20 38 83 45 142 No. 113, October 27 . .'.'.. 41 151 No. 945, January 31 42 111 43 124 55 98 No. 956, January 31 39 211 42 231 No. 965, February 4 34 110 41 227 43 173 46 40 48 175 49 208 49 236 No. 966, February 4 35 27 55 98 OCTOBER 1, 1931—JUNE 30, 1963 201

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: No. 1051,. April. 1-3. 35. 188 43 190 No. 1053, April 13 32 217 42 202 No. 1056, April 13 34 50 No. 1057, April 13 45 39 No. 1082, May 11 33 62 1928— No. 361, April 17 32 273 No. 512, July 14 34 78 No. 514,.July 17 36 114 No. 539, October 2 48 153 : . 48 175 49 208 49 236 50 288 No. 622, December 21 35 16 1929— No. 629, June 22 35 55 No. 735, June 24 40 12 41 277 45 290 No. 746, June 27 33 131 34 63 48 7 No. 747, June 27 32 59 47 37 No. 748, June 27 32 59 40 17 No. 799, August 13 35 124 No. 823, November 4 33 201 No. 845, December 3 35 147 No. 902, December 23 33 92 No. 903, December 23 32 225 1930— No. 935, March 18 33 131 No. 952, March 20 34 89 No. 984, May 16 32 63 No. 1058, June 16 32 243 No. 1095, July 16 45 39 No. 1096, July 16 47 71 No. 1097, July 16 48 153 49 208 49 236 202 OPINIONS OF THE CITY SOLICITOR

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: No 1206. December 20 33 91 1931— No. 18, Tuly 9 37 33 47 179 No. 48, October 23 32 126 No 49 October 23 32 126 No. 59 November 14 32 185 43 183 54 14 No 69 November 25 32 178

No. 1247, March 30 32 4,i 5** 32 62 32 163 32 188 32 191 32 199 33 225 33 263 33 280 35 17,88 35 90,93 35 134 35 170 35 195 36 5,17 36 28,47 36 78 37 118 39 11 39 103 39 132 39 148 39 188 40 101 41 261 44 115 45 18,88 45 209 45 297 46 2,46 46 95 46 244 47 23 47 154 OCTOBER 1, 1931—JUNE 30, 1963 203

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: 47 167 47 218 No. 1247 (Par. 32g), March 30 46 171 No. 1247 (Par. 34), March 30 46 10 No. 1247 (Par. 39), March 30 45 198 No. 1251, April 10 33 118 50 246 No. 1254, April 11 32 225 No. 1256, April 17 34 50 43 66 No. 1257, April 18 32 1 No. 1273, May 6 54 296 No. 1296, May 13 32 208 33 94 45 169 1932— No. 121, February 5 32 114 32 269 46 220 No. 130, February 15 33 194 38 131 45 116 47 192 52 37 53 134 No. 153, February 26 32 190 No. 180, March 21 32 215 33 86 33 136 No. 198, April 9 32 201 33 277 42 47 No. 230, May 27 32 240 32 247 No. 267, July 20 33 224 No. 270, July 25 34 5 No. 279, August 4 44 101 No. 281, September 1 35 11 No. 334, November 22 35 17 36 27 1933— No. 400, March 8 37 17,42 No. 446, July 1 46 261 No. 449, May 31 33 152: 204 OPINIONS OF THE CITY SOLICITOR

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: 33 166 38 40 42 41 43 113 No 468 Tune 16 37 17 No "504 Sentember 19 33 226 1934— No 576 March 10 36 106 No 584 March 19 39 34 39 166 40 153 No 595 Anril 23 34 130 35 181 35 183 35 188 37 32 38 5 39 75,92 39 136 39 185 40 70 40 105 40 139 40 143 40 145 41 87 41 195 41 205 42 105 42 240 43 77 43 107 43 117 43 240 44 6,49 45 216 48 37 No. 616, June 13 53 99 1935— No. 60, December 24 40 21 No. 712, February 5 36 i 1936— No. 101, February 20 35 124 No. 201, September 23 43 51 OCTOBER 1,. 1931—JUNE 30, 1963 205

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: 43 118 46 168 No. 230, November 9 36 22 1937— No. 318, January 16 36 47 36 ;,-.: 117 39 1 39 148 39 213 41 29 46 95 No. 526, June 18 ..... 37 61 No. 584, July 12 38 12 1938— No. 715, April 23 37 97, 98 No. 741, May 31 47 287 No. 783, June 30 41 122 No. 785, July 8 43 202 No. 786, July 8 43 205 No. 788, July 14 39 11 No. 795, October 3 39 28 1939— No. 27, July 10 41 122 No. 54, November 13 39 172 No. 55, November 15 39 119 42 -.,- 44 No. 595, April 23 40 92 No. 914, March 23 ...... 42 107 43 203 No. 930, March 31 45 39 No. 939, March 31 47 192 No. 942, April 17 43 125 No. 961, May 22 39 35,36 39 141 39 146 45 221 - .;- 45 288 .:•.•" -..-'. 46 71 48 ; : : • 54 1940— . ..•;•••-.-••• -: No. 119, February 5 41 148 ...".-.:" 51 ;.• 136 No. 121, February 5 :.r!;,y..;. 39 ^ 172 No. 183, April 25 47 125 206 OPINIONS OF THE CITY SOLICITOR

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: No. 221, June 13 39 181 45 143 No. 284, October 3 40 103 No. 296, October 30 43 188 46 121 1941— No. 121, December 26 46 97 No. 331, December 20 47 107 No. 370, January 28 43 121 No. 372, February 4 41 261 No. 407, March 22 45 61 No. 408, March 22 41 175 No. 409, March 22 45 230 46 165 No. 444, April 23 41 62 50 221 No. 507, 47 179 No. 519, July 2 40 184 No. 534, July 17 41 70 41 232 44 61,74 45 50,51 46 269 48 131 49 93 No. 559, July 23 41 132 No. 563, August 13 41 100 No. 578, October 31 42 214 44 115 44 127 45 4, 13 45 88 45 129 45 276 46 59 46 210 No. 578 (Pars. 1220-1221), October 31 46 13 No. 578 (Par. 1350), October 31 46 13 1942— No. 701, February 20 41 157 41 217 No. 786, June 16 49 151 No. 854, December 2 42 44 45 106 OCTOBER 1, 1931—JUNE 30, 1963 207

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: No. 855, December 2 42 44 No. 866, December 22 42 67 1943— No. 11, July 28 42 219 42 225 43 168 43 229 44 4 No. 39, December 23 42 213 No. 904, March 31 47 192 No. 905, April 1 43 183 No. 912, April 30 43 38 45 16,85 45 221 45 275 48 54 49 18 50 50 50 218 51 180 No. 920, May 13 44 76 44 135 50 257 No. 936, May 17 43 101 45 152 1944— No. 87, May 3 43 209 No. 116, July 14 44 102 No. 117, July 14 46 72 No. 127, August 1 46 49 No. 149, December 15 45 248 No. 150, December 13 45 254 46 6 46 155 47 64 47 285 50 303 1945— No. 169, February 13 44 60 No. 209, June 7 45 258,288 53 252 No. 225, July 3 45 6,8 46 52 208 OPINIONS OF THE CITY SOLICITOR

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: . 50 12 53 252 No. 226, July 3 48 119 No. 255, July 3 ,,,,,. 44 110 No. 271, December 14 47 29 No. 273, December 15 45 131 1946— No. 292, February 4 45 169 No. 393, May 16 46 90 46 303 No. 438, June 21 ,. 46 134 46 210 46 260 No. 438, Sec. 307C, June 21 48 18 No. 458, July 2 46 196 48 206 No. 520, July 15 45 146 No. 523, July 17 45 198 48 165 No. 527, July 23 51 128 No. 541, October 11 45 189 46 168 No. 543, October 16 54 182 No. 546, October 21 47 230 No. 606, October 31 46 37 47 182 . . 47 213 47 255 48 54 No. 744, December 23 45 224 45 228 No. 745, December 23 45 229 45 280 45 281 45 294 45 302 45 303 46 38 No. 746, December 23 ,.....,;... 45 242 , 46 15,99 No. 748, December 23 46 16 1947— No. 29, August 1 . 47 142 No. 43, August 1 47 94 OCTOBER 1, 1931—JUNE 30, 1963 209

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: 48 194 No. 58, October 23 49 89 No. 97, December 1 46 176 No. 105, December 17 46 98 47 158 No. 106, December 17 47 49 48 22 49 115 51 15 No. 109,. December 17 46 66 No. 121, December 26 46 67 No. 523, July 17 48 45 No. 769,. January 20 48 78 No. 796, March 6 45 297 No. 821,. April 2 , 45 310 46 274 47 41 No. 824, April 2 47 257 49 89 No. 828, April 2 , 45 310 46 83 No. 831, April 2 46 76 No. 837, April 9 46 84 No. 854, May 5 46 5 No. 873, May 16 50 88 No. 924, June 5 46 44 1948— No. 125, January 26 46 237 No. 127, January 26 48 119 No. 134, February 5 46 76 No. 146, February 20 49 95 No. 165, March 3 46 73 No. 242, April 27 47 285 No. 265, June 7 46 210 No. 305, June 14 47 84 No. 315, June 18 49 272 No. 319, June 18 48 92, 102 No. 330, July 2 47 152 No. 333, July 2 46 265 No. 334, July 2 47 152 No. 335, July 2 46 308 47 257 51 133 No. 337, July 2 47 257 210 OPINIONS OF THE CITY SOLICITOR

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: No. 338, July 2 46 ' 229,234 No. 339, July 2 47 257 No. 340, July 2 46 241 No. 475, November 19 47 82 No. 499, November 29 46 240 No. 506, November 30 46 235 46 289 53 105 No. 516, December 2 47 269 No. 521, December 8 49 95 No. 524, December 11 47 152 1949— No. 178, June 2 47 69 No. 580, February 9 47 211 No. 620, March 28 48 12? 49 93 No. 632, April 1 46 309 No. 651, April 13 46 312 No. 668, May 8 46 312 No. 703, May 26 50 361 No. 718, June 2 47 66 47 257 48 94 49 220 50 88 50 202 54 53 54 235 54 251 55 1 55 76 No. 735, June 13 47 63 No. 767, June 23 47 94 48 109, 170, 194 No. 805, July 12 48 5, 127 No. 843, October 27 55 98 1950— No. 1036, February 28 55 98 No. 1058, March 17 55 98 No. 1062, March 17 55 98 No. 1101, April 5 51 146 No. 1130, April 27 48 90 49 8 OCTOBER 1, 1931—JUNE 30, 1963 211

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: No. 1153, May 8 48 7 No. 1215, June 8 47 257 49 89 No. 1216, June 8 47 257 No. 1247, June 12 48 87,91 No. 1263, (Sec. 2998), June 20 47 269 No. 1306, June 28 47 257 No. 1307, June 28 48 47 No. 1315, July 5 55 79 No. 1324, July 5 55 98 No. 1325, July 5 55 98 No. 1410, November 1 49 131 No. 1454, November 17 55 98 No. 1455, November 17 55 98 No. 1489, December 5 49 89 No. 1503, December 20 51 65 No. 1715, June 26 47 237 1951— No. 2, June 19 48 147 48 153 48 175 49 236 No. 5, July 5 51 166 No. 58, August 8 50 195 51 116 No. 71, November 5 53 34 No. 87, November 20 50 318 No. 89, November 20 49 115 No. 1567, February 28 55 176 No. 1583, March 13 48 112 No. 1611, April 4 50 146 50 320 53 105 54 80 No. 1613, April 4 48 147 48 153 48 175 49 95 49 236 No. 1649, May 8 48 126 48 192 49 18 49 109 49 131 $>.JT2 OPINIONS OF THE CITV SOLICITOR

. Volume Page ORDINANCE CONSTRUED OR CITED—Continued: No. 1672, May- 21 55 98 No. 1678, May 23 48 78,83 48 195 49 92 1952— No. 177, February 8 49 14 No. 267, April 21 50 109 No. 346, May 23 49 163 No. 352, June 25 49 217 No. 385, June 30 .. 50 99 No. 389, June 30 49 95 49 208 49 236 50 288 No. 393, June 30 50 212 50 347 51 1 52 158 No. 446, August 13 50 109 No. 486, December 2 49 89 1953— No. 578, February 11 52 248 No. 711, May 21 50 158 50 220 51 11 51 202 52 21,25 52 62,68 52 150 52 155 53 34 53 89 54 105 55 172 No. 727, June 1 . 50 350 51 173 No. 767, June 26 49 266 50 2, 74 50 125 51 170 No. 769, June 26 49 156 51 250 No. 786, July 14 49 153 49 163 OCTOBER 1, 1931—JUNE 30, 1963 213

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: 49 165 49 169 49 192 49 245 50 75 50 187 50 243 50 291 50 332 50 336 50 337 50 346 51 78 51 164 No. 788, July 14 51 78 No. 819, October 6 49 218 49 226 49 229 49 293 50 22,45 50 50,57 50 118 50 123 50 130 50 142 50 218 No. 893, December 10 50 109 No. 899, December 11 49 218 50 4,52 51 180 No. 900, December 11 50 182 51 15 51 107 51 206 No. 901, December 11 ' 49 230 " ' • ; 49 234 49 296 50 82 50 102 50 114

50 ,; . 179 50 194 50 282 52 164 214 OPINIONS OF THE CITY SOLICITOR

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: 54 33 No. 902, December 11 50 197 • 52 224 52 280 54 33 54 266 No. 904, December 16 50 135 50 139 50 172 51 5 52 87 52 124 52 181 53 165 1954— No. 927, March 1 50 166 No. 928, March 1 50 109 No. 967, March 22 51 195 No. 1039, May 14 50 3,50 50 123 50 218 No. 1096, June 4 54 290 No. 1101, June 4 51 133 53 16 No. 1125, June 23 50 94 51 264 52 273 No. 1133, June 25 50 23 52 29 No. 1285, December 14 50 109 1955— No. 121, November 16 55 167 No. 131, November 29 51 236 No. 157, December 7 51 236 No. 476, June 7 54 251 No. 1317, February 11 54 251 No. 1325, February 23 51 116 No. 1378, March 24 55 79 No. 1379, March 24 52 239 No. 1416, April 21 51 73 1956— No. 215, February 1 51 269 No. 379, April 10 50 341 51 126 No. 212, June 7 44 102 OCTOBER 1, 1931—JUNE 30, 1963 215

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: 51 216 51 259 52 191 52 215 No. 393, April 27 54 101 No. 421, May 15 53 224 No. 453, May 29 54 14 No. 454, May 29 52 113 53 103 No. 458, May 29 51 222 No. 479, May 29 51 210 No. 496, June 11 51 20 No. 520, June 25 52 110 53 103 53 109 55 178 No. 561, July 6 54 80 No. 572, October 22 54 101 : No. 643, December 5 51 65 51 240 No. 644, December 5 51 67 52 62 No. 665, December 20 51 66 No. 692, December 31 52 240 52 286 54 86 55 1 No. 695, December 31 54 86 1957— No. 696, January 2 55 98 No. 792, March 2Z - • 51 - 176 No. 832, April 23 54 37 No. 994, June 10 .- 54 237 .. 55 55 55 74 No. 1006, June 18 51 164 52 199 52 250 52 289 53 152 55 90 No. 1077, November 7 52 240 52 264 53 32 216 OPINIONS OF THE CITY SOLICITOR

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: 53 , 151 54 237 55 55 55 74 No. 1097, November 15 51 186 51 187 51 188 51 190 51 191 51 192 51 198 51 212 51 242 51 243 No. 1098, November 15 51 186 51 191 51 192 51 212 51 242 51 243 No. 1112, November 20 54 92 No. 1114, November 20 54 92 No. 1118, November 20 52 29 1958— No. 1245, February 21 52 124 52 181 52 197 54 64 No. 1264, February 24 51 229 No. 1330, April 7 51 240 No. 1340, April 7 54 77 No. 1520, June 25 55 178 No. 1565, July 1 51 260 No. 1589, July 10 52 212 No. 1597, July 10 52 113 53 103 No. 1632, November 6 54 251 No. 1694, December 3 54 251 No. 1742, December 19 52 23,43 52 72 52 135 52 152 55 206 No. 1743, December 19 52 224 OCTOBER 1, 1931—JUNE 30, 1963 217

Volume Page ORDINANCE CONSTRUED OR CITED—Continued: 54 266 No. 1744, December 19 52 164 1959— No. 16, June 25 52 135 ...... 53 243 55 120 55 206 No. 87, November 16 53 96 No. 155, December 14 52 186 No. 159, December 23 53 239 No. 163, December 23 53 32 No. 164, December 23 53 204 No. 1776, January 7 54 251 No. 1835, March 2 54 14 No. 1954, May 13 55 98 No. 1960, May 14 52 163 53 28 No. 1965, May 14 54 86 No. 1969, May 14 54 92 1960— No. 242, March 21 54 261 No. 275, May 16 53 165 54 64 No. 308, May 26 54 251 No. 341, June 13 53 32 54 237 No. 344, June 13 53 239 No. 408, June 29 53 167 No. 419, July 9 54 86 No. 437, August 4 53 175 No. 451, November 7 55 79 No. 570, December 27 54 266 No. 572, December 27 53 6,21 53 50 1961— No. 886, June 29 54 290 1962— No. 1162, April 4 55 172 No. 1213, May 16 54 53 No. 1277, June 22 55 167 No. 1279, June 22 54 80 55 7 55 114 No. 1285, June- 22 55 152 218 OPINIONS OF THE CITY SOLICITOR

Volume Page ORDINANCES (Pending)—Construed or Cited Adelle Terrace property rezoned (No. 379) 44 ' 89 Admission tax on admissions to games at Stadium (No. 666) 46 138 Alcoholic beverages—Unlawful to drink on highways (No. 467) 45 2 Allendale Road—Heavy trucks on (No. 465) 40 98 All-night parking (No. 554) 46 132 Armed Forces—Tax exemption (No. 598) 45 66 Arsan Avenue property rezoned 48 188 B & O Railroad—Eutaw Street tracks (No. 1255) 41 183 Baltimore Redevelopment Commission (No. 317). . .y . . 44 79 Belgian-type pool tables (No. 1729) 47 158 Billboards limited (No. 1646) 47 122 Billboards—Removal in five years (No. 1496) 47 85 47 154 Biltmore Hotel—Paca Street steps (No. 629) 45 117 Blackout regulations (No. 1214) 41 152 41 169 Blight Commission (No. 1205) 49 75 Building contractors—To license (No. 315) 46 68 Canton Railroad—Boston Street tracks (No. 651) 40 54 Cedar Hill Bus—Parking privileges (No. 750) 40 136 Cemetery property rezoned (No. 965) 51 51 Check cashing agencies in Residential and Office Use District (No. 433) 52 187 52 265 City Collector (No. 17) 43 36 Coal—Inspection 34 46 Coal—License 34 44 Coal (No. 23) 43 198 Coal (No. 589) 45 157 Collection of rubbish 33 265 Construction of buildings (No. 225) 47 34 Corporation—Application and advertisement in name of non-existent corporation does not vitiate validity of ordinance if corporation is incorporated before final passage of ordinance 35 88 Corporation—Ordinance in name of fictitious is nullity 35 56, 88 Demolition of buildings with 2 or more dwelling units (No. 106) 48 182 Discrimination as to race, color, etc. (No. 1839) 49 257 Dukeland Street, Riggs Avenue—Rezoned (No. 518) .. 45 64 Edgar Allen Poe statue to be moved (No. 1542) 51 194 Fair Employment Practices (No. 1839) 49 257 OCTOBER 1, 1931—JUNE 30, 1963 219

Volume Page ORDINANCES (Pending) Construed or Cited—Continued: 50 9 Fairview Avenue—Barriers (No. 364) 49 53 Fire Department—Benefits for heart disease (No. 213) 52 207 Fire Department—48-hour week (No. 962) 49 54 Firemen—Pensions (No. 426) 44 132 Footways—Paving assessments (No. 633) 45 94 Frederick Avenue Shopping Center (No. 176) 48 141 Funeral Homes—Rezoning (No. 1043) 47 30 (No. 1109) 47 30 (No. 1194) 47 30 Gasoline—Waiver provisions as to sale near church, etc. (No. 221) 46 10 Gasoline Filling Station—Council may waive require- ments of ordinance by extending time for completion of work 33 263 Height of fences enclosing dwelling (No. 196) 53 34 Hospitals—Establishment (No. 1468) ^ 47 142 Housing Authority—Sites acquired by (No. 1720) 47 125 Inflammable liquids—Bulk storage (No. 181) 46 46 Liberty Heights Avenue (3911—Zoning) (No. 647)... 46 189 Luzerne Avenue, Madison Street, Edison Highway & Pa. R. R.—Rezoned (No. 1368) 45 238 Mobile riding units; licenses (No. 1308) 51 173 Motor vehicles; width in alley (No. 1162) 51 78 Northern Central Railway—Monument St. tracks (No. 605) 45 119 Off-street parking; reconveyance of property (No. 1287) 51 95 Off-street parking site; priority for school (No. 2040) 51 227 Parking lots in Residential Districts (No. 1514) 51 150 Parking prohibited (No. 260) 48 117 Parking vehicles (No. 1711) 49 245 Permits—Extension of exercise 35 133 Police—Subsistence allowance (No. 1902) 51 203 Poplin Avenue—Barriers (No. 865) 49 52 Preston Street—Areaway (No. 688) 45 128 Public housing construed (No. 1772) 47 162 Redevelopment Area—Harlem Avenue, Myrtle Avenue, George St., etc. (No. 1111) 45 234 Redevelopment Area No. 10 (No. 1111) 49 220 Redevelopment Area No. 12 (No. 1468) 49 220 Redevelopment Area No. 12 (No. 1477) 49 220 Residential and Office Use Districts—Check cashing agencies 52 187 52 265 220 OPINIONS OF THE CITY SOLICITOR

Volume Page ORDINANCES (Pending) Construed or Cited—Continued: ; Retirement System membership (No. 839) 53 52 Rezoning from 2nd Commercial to Residential (Nos. 518,720,1000) 54 194 Right of way surrendered (No. 1890) 54 90 Rubbish—Bottles on highways (No. 468) 45 1 Safety pylons—Maintenance (No. 2436) 48 12 Salaries—To restrict power of Board of Estimates to fix is invalid 38 33 School buses—Vehicles to stop for 50 316 School cafeteria employees in Retirement System (No. 1722) •••• 47 184 Spot zoning—Powers of Planning Commission as to (No. 1000) 47 23 Subsistence allowance for police (No. 1902) 51 203 Sunday movie hours changed (No. 1408) 53 134 Telephone group—Salaries (No. 790) 40 153 Through highway plans—Loan funds (No. 2656) 46 49 Traffic Director—Power to convert parks, etc. (No. 90) 50 243 Two readings on one day (No. 1005) 53 87 Transit Company—Removal of poles and tracks forbid- den (No. 521) 46 90 Truck weights on streets (Nos. 784, 796, 1719) 47 115 Undertaking establishments in residential districts (No. 2116) 47 225 Vehicular noise (No. 622) 50 330 Venable Park—Jurisdiction (No. 417) 40 42 Wabash Avenue—Parking on (No. 1566) 47 105 Wabash Avenue—Rezoned (No. 804) 45 200 Wage and hour law (No. 889) 53 8 Walters Art Gallery (No. 1808) 47 165 Walther Boulevard—Trucks on (No. 898) 49 57 Water courses—Control of (No. 2482) 55 43 55 79 Zoning as first commercial (No. 199) 50 251 Zoning as residential (No. 720) 47 47 Zoning as second commercial (No. 965) 51 51 Zoning—Check cashing agencies (No. 433) 52 187 52 263 Zoning—Motor vehicle parking time restriction on pas- sage (No. 7) 52 49 Zoning—Planting strip along First Commercial area (No. 2822) 52 38 Zoning—29th Street (Nos. 1993, 2077) 54 105 Zoning—Width of dwellings (No. 301) 48 214 OCTOBER 1, 1931—JUNE 30, 1963 221

Volume Page "ORIOLES"— Curfew provisions applicable to 47 188 License fees payable by 53 44 License requirements for games in stadium 47 132 Permanent office in Stadium. . . 49 183 Sole right for professional baseball in Stadium 50 17 Stadium—Beer sales; ordinance cannot control 52 220 Stadium—Charter amendment; effect on contract 52 233 ORLEANS STREET VIADUCT— Plans should be followed or ordinance amended 33 91 ORPHANS' COURT— Bailiff—Appointed for fixed term and may complete term before retirement on account of age 35 177 Judges—Compensation for attendance at sessions; no vacation or sick leave 40 84 Salaries of judges—Cannot be increased during term of office 44 91 Salary raise for Judge 51 236 OSTEOPATHS— May issue certificates for school children 40 74 OUTDOOR ADVERTISING— Minor privilege charge; refund 51 189 Removal from residential area 51 146 Restriction in number of billboards 47 122 See also Advertising; Billboards; Signs. OVERHILL ROAD— Public highway and duty of City to maintain crossing at railroad 34 69 OVERTIME— Stadium bid—Provision as to 47 1 OWNER— Real property—Term discussed 55 116 OYSTERS— Sunday sales of 49 217

P PAN AMERICAN AIRWAYS— See Airport. PARDON— Effect of as to applicant for City Service examination. . 46 104 222 OPINIONS OF THE CITY SOLICITOR

Volume Page PARENT AND CHILD— Adoption procedure, where father cannot be found. ... 47 128 Foster parents—Payments by City to be income 41 134, 135 Legal rights over minor child's earnings 40 11 Liability for son in mental hospital 37 106 47 87 Minor, may authorize autopsy 50 27 Parent's duty to support child 48 39 See also Adoption. PARK BENCHES— At car stops require franchise ordinance 33 299

PARK BOARD— Claim of Vincenti against Porter in re miniature golf course; City not liable 34 88 Powers as to motor bus privileges in parks 32 228 Powers of Board to permit use of property for broad- casting 34 71,72 See also Recreation and Parks.

PARK COMMISSIONER— Food service company—Contract for purchase of equip- ment 40 36 Telegrams—Exempt from Federal tax on 41 71 See also Stadium.

PARKING— All-night parking ordinance—Proper exercise of police power 46 132 All-night parking prohibited 44 100 City's right to enact ordinances as to 47 105 Civic Center—Authority to eliminate 52 113 Driveways—In front of or on 50 299 Driveways—Private; no dedication intended 47 237 Facilities required in proposed constructions 47 84 "For sale" vehicles in prohibited zones—Powers as to. . 48 113 Impounding ordinance construed 48 113 Individual spaces licensed under open air garage or- dinance 52 87 Intersection—Held illegal 49 84 License fee for parking lot not refundable 48 131 License for parking garage—Lexington Market author- ity not subject to 48 127 Motor vehicles—First Commercial zone; time restriction on passage 52 49 OCTOBER 1, 1931—JUNE 30, 1963 223

Volume Page PARKING—Continued: Night Parking—Provisions as to 38 52 38 132 "No Parking" signs—Authority to erect 48 160 Obstruction of streets prohibited 48 87, 91 Off-street parking—See under that heading. Open air parking—License requirements construed. ... 53 165 Owner may authorize, in driveway 50 103 Private property—City may not control 55 90 Prohibition of loading and unloading—Constitutionality questioned 48 117 Regulations prohibiting 49 245 Stadium—Permitted on areas near 47 72 Temporary restrictions by administrative action 53 152 Theatres and places of amusement—Restricted 48 160 Towing Charge for illegal parking may not be refunded 46 237 Traffic Director's power to regulate 49 169 See Off-Street Parking; Parking Lots; Traffic.

PARKING LOTS— Authority of City to acquire and lease to non-profit association 41 49 License—No refund for unused portion 44 74 License fee not refundable 50 172 Ordinance applies to lot of Pennsylvania Railroad leased to Express Company 39 28 Ordinance to regulate open-air parking lots 37 66 Power to tax and regulate as to beautification 37 7, 13 37 16 Residential Districts; City Council has jurisdiction.... 51 150 See also Off-street Parking; Parking; Traffic.

PARKING METERS— City may provide for 45 177 Contract—Bids should be asked unless data show par- ticular one is unique, etc 45 203 Johns Hopkins University—Held to required license.... 52 124 Principles of bidding discussed 52 252 52 268

PARK-O-METERS— Right of City to install—Liability 35 21, 26

PARK POLICE— Applicant for examination; pardon by Governor of con- viction for larceny 46 104 "Blanketing in" Police Department 51 87 224 OPINIONS OF THE CITY SOLICITOR

Volume Page PARK POLICE—Continued: May be appointed by Board of Recreation and Parks; oath .. 46 250 Merger with regular police discussed 52 174 Workmen's Compensation—Not covered by 50 131 PARKS— Arundel Boat Club—Property occupied cannot be trans- ferred to Park Board until 1951 42 78 Baseball—Board has no right to give exclusive use to particular club or team, with right to sell tickets, etc 33 258 Baseball receipts—Cannot be disbursed except as pro- vided by law (Ordinance of Estimates) 45 173 Board—Power to lease Stadium to Baseball Club 44 52 Board—Tenure of members 47 11 Broening Park—Permit to or contract with Yacht Club for use of Boat House 39 72 Cahill Center—Master Park Plan 39 172 "Cherry Hill"—Not included in Master Plan 39 80 Concessions—Advertising for sale of not necessary. ... 45 186 Concessions—Contract for selling in parks; failure to comply therewith 33 101 Concessions—Form of advertisements for sale of 35 38 Concessions—Not necessary to advertise for selling. ... 38 27 Concessions—Right to sell 45 233 Druid Hill Park—Lighting system 47 81 Employees—City may pay for time lost due to injuries in performance of duties 45 118 Employees not under Workmen's Compensation 35 13 Employees—Removal during probationary period 45 101 Employees—Right to appoint 47 219 Facilities for the separate races 42 242 Fort Armistead Park—No power to lease to U. S 42 17 John Street—Area approved for recreation loan 50 94 Land in Master Plan—Assessment of; exemption 39 186 Leakin Bequest—Ordinance for sale of property and for purchase of park 38 83 Leakin Fund—"Park" may consist of square or small area 38 19 Leakin Park—If sold, proceeds must be invested in an- other single park 45 253 Leakin Park—Use of balance of proceeds of sale of Leakin properties 45 142 Leakin Property—Sale and use of funds 39 181 OCTOBER 1, 1931—-JUNE 30, 1963 225

Volume Page PARKS—Continued: Lease of property to Veterans of Foreign Wars—No power 39 106, 107 Leases—Must be approved by Board of Estimates if for more than thirty days 45 233 Leases—Power of Board to lease 44 72 Leasing of property for advertising purposes, not author- ized 38 1 Loan Funds—Power to transfer lands bought with to another department 40 44 Miniature Train—Proposed concession or franchise for operation in Druid Hill Park 46 202 Park Police; appointment and oath 46 250 Park Police—Power to issue summons 50 345 Parkway areas—Conversion into streets 50 243 Patterson Park—Authority of Board to close road in. . 43 234 Police Department antenna tower may be erected in. . . 53 127 Posting notices in, prohibited 53 183 Property at Gwynns Falls Park not on Master Plan for Parks 39 84 Property—Power of Board to lease 44 72 Right of way—Surrender of 54 90 Sale of property to Y. M. C. A. for recreation building; conditions as to 46 293 Stadium—Effect of having indemnity bond in permit for use of 34 122 Stadium—Under control and management of Park Com- missioners 34 30 Stadium—See also under that heading. Streams—Relocation requires consent of Board 55 79 Suspended employees—Permitted to take promotional examination 45 144 Swimming pool—Admission tax not applicable to re- ceipts from 38 10 Titles of heads of bureaus 47 123 Venable Park— Power to transfer to School Board.... 40 44 Venable Park—Transfer of part for schools 39 168 Venable Park—Use of part west of Eastern High School; report of committee 40 42 See also Recreation; Stadium. PARK TAX— Applicable to receipts from line on Monument Street in New Annex 35 10 Default—City's remedy 32 230 Method of calculating on Ellicott City Line 40 189 226 OPINIONS OF THE CITY SOLICITOR

Volume Page PAROCHIAL SCHOOLS— Fire Prevention Code applicable to 52 10 School children—Bus service not furnished 44 30 PARSONAGE— See Tax Exemption. PARTIAL PERMIT— Effect of 38 38 PARTNERSHIPS— Dissolution sale; when license necessary for sale of goods 51 116 PARTY WALLS— Duty to maintain—Discussed 52 138 Obligation of owner removing adjoining building 34 22 When City not liable for in condemning and razing building 34 22,41 PATAPSCO AVENUE— Laying of steam pipe line under 34 8 Ordinance relocating railway tracks in 22 124 PATAPSCO RIVER— Bridge—Conditions for erecting over 44 111 Brooklyn area—Information as to 34 59 Option for right-of-way for pipe line 45 109 PATAPSCO SEWAGE WORKS— Easement of railroad companies abandoned by removal of tracks and strip of land reverted to City 35 102 PATENT MEDICINES— Ordinance prohibiting sale by general merchants is in conflict with State law 33 244 PATENTED ARTICLES— Purchase where in excess of $500 35 89 PATTERSON PARK— Authority of Board to close roads in 43 234 PAUPER— When may be committed to City Hospitals 34 38 PAVING— Alleys—Reduction of charges, either before or after appeal 52 62 Assessments for paving under petition; terms of payment 40 12 OCTOBER 1, 1931—JUNE 30, 1963 227

Volume Page PAVING!—Continued: Assessments—On petition under Ordinance 739, July 19,1922 45 290 Baltimore Transit Company — Notice as to paving Curtis Avenue 41 73 Baltimore Transit Company—Obligation as to paving between tracks; trackless trolleys 43 200 Loans for 44 12 Petition under Ordinance 739, July 19, 1922 45 290 Private alleys—Churches exempt 45 131 Sidewalk along Broening Highway near Colgate Bridge 41 249 See also Contracts; Footways; Sidewalks. PAVING ASSESSMENTS— Abatement for non-profit organization 51 129 Cemeteries not exempt from 42 269 Churches, hospitals, etc., exempt from 43 29 Footways 46 32 Refunds—When not entitled to 40 197 PAVING CONTRACTS— Termination because of builder's delay 52 35 PAVING MIX- Manufacture of, does not require ordinance 52 21 PAVING NOTES— Procedure as to issue 32 150 PAVING TAX— Applies to street not paved for full width; rate is based on width of paving 45 193 Assessed only once on a street 50 306 Ch. 354 of 1931, exempting certain property from, un- constitutional 32 40,42 Churches—Exempt from tax 41 272 41 274 Cost of curbs, gutters apportioned 51 208 Effect of Act increasing rate 44 117 Housing Authority—Not exempt 50 313 Housing Authority—Not liable for where it contributed to cost of paving 41 202 Notice not required as to repaving of street 38 18 Payment in full not authorized 46 206 Redevelopment Area—Payable in 50 65 Refund not allowed General Elevator Company on Ridgely Street; later allowed on statement of facts... 33 41,138 228 OPINIONS OF THE CITY SOLICITOR

Volume Page PAWNBROKERS— Stolen property recoverable from 49 82 See also Licenses; Refunds.

PAYROLL BUREAU— Missing employee—Wages due to 49 289 Practice as to stop-payment orders 39 76 Propriety of destroying certain records of 38 14 Transfer of Division of Disability Compensation from 48 219 Welfare checks transferred from 48 100 Welfare funds—Disbursement of 47 290

PEALE MUSEUM— History, organization discussed 54 296 Purchases—Procedure discussed 54 296

PEDDLERS— Covered by State license 54 307

PEDESTRIANS— City's powers as to, construed 51 164 No ordinance to regulate 44 46 Ordinance to regulate in part of City; validity of 43 243 Private property—City may not control on 55 90 "Walk" signs authorized for 52 199

PENALTIES— Taxes—Board of Estimates does not have power to abate; neither has City Collector 41 196 41 197 See also Taxes. PENNSYLVANIA RAILROAD— Bulkhead in Clinton Street—Permit for 33 163 Ellamont Street Bridge—Obligations as to 33 131 Labor camp—Ordinance necessary for 44 4 Labor camp—Ordinance necessary for housing Mexican laborers 43 229 See also Bath Street Viaduct; Housing; Railroads; Zoning.

PENSIONER— Requirement as to employment by City 44 65

PENSION FUND— See Police. OCTOBER 1, 1931—JUNE 30, 1963 229

Volume Page PENSIONS— Fire Department; effective date of Charter amendment 51 130 Fire Department widows—Requirements for receiving 50 141 Fire Department widows—Rights construed 53 76 Fireman—Council cannot pass ordinance to pension widow of 35 75,86 Old Age—Acceptance of money offered in restitution by petitioner 35 186 Schools—Employees cannot be compelled to retire on pension before 70; exceptions 33 67 See also Fire Department; Fire and Police Em- ployees' Retirement System; Judges; Retirement System.

PEOPLES' COURT— Attachment—Procedure to make attachment against real estate a lien 35 198 Building—Contract with real estate brokers for apprais- ing property, etc 46 290 Costs—Cannot be refunded 38 76 Expending proceeds of loan for 47 152 Judgment debtors—Writs of fi fa against licensee; permits 52 200 Judge's widow must elect retirement benefits 51 85 51 119 Legal holiday allowed as such 51 198 Limitations—Suits filed prior to expiration 49 10 Pensions—Judges' election between City and State systems 49 235 Records—Must be kept and not destroyed 33 90 Refunds—Costs paid by mistake cannot be refunded. 33 113 Retirement System—Status of judges in 49 218 Suits filed in—Limitations 44 17 PEOPLE'S COURT BUILDING— Payment withheld for claim against sub-contractor. ... 49 140 PEOPLES' UNEMPLOYMENT LEAGUE— Cannot be exempted from taxation by resolution or special act 33 117

PERMITS— Bingo 41 42 Bowling alleys—Fees 49 273 Buildings—Federal and State authorities do not need. . 33 162 Buildings—Fee partly refundable 52 40 Buildings—Partial permit 38 38 230 OPINIONS OF THE CITY SOLICITOR

Volume Page PERMITS—Continued: Cafeteria) in project of Housing Authority — Require- ments as to 43 233 Carnival and circus; reasons for denial 51 131 Goal—Transporting—Solid fuel dealer's permit not re- quired 48 10 Commission on City Plan—No authority to refuse, in absence of detailed official plan 43 211 Fences; case reopened because of erroneous plats 51 28 Fence in residential area 50 28 Fireworks—Discharge of 41 238 Fireworks—Frighten starlings 32 212 Fruit stand beyond building line 43 47 Judgment debtors—Writs of fi fa against 52 200 Markets—Nature of; right to cancel 47 4 Maryland Port Authority subject to 52 11 Milk—Permit not required to transport from City 38 45 Outfall sewer for U. S. War Housing; conditions for. ... 43 94 Oversize and overweight vehicles on State highways. ... 51 94 Paving mix—Manufacturer of 52 21 Proposed highway—Permit must be granted in absence of detailed plan 44 64 Reconstruction of structure 33 303 Rooming house—When to issue 49 113 Taxicabs—See under that heading. Time limit—Period question was in litigation excluded 32 251 Time limit as to filling stations, buildings, etc 33 71 Trees—No fee for planting, trimming or removal 44 45 See also Building Permits; Gasoline Filling Stations; Gasoline Tanks; Ice Cream; Licenses; Minor Privileges; Motion Pictures; Zoning.

PERSONAL PROPERTY— Assessment at value ascribed by taxpayer 53 215 Books—Sale authorized 54 58 Furniture and furnishings held to be 55 94 Real and personal property—Distinction 52 226 Taxes—Interest held properly collected 51 253 See also Assessments; Taxation.

PETROLEUM GAS— Ordinances not applicable to 47 149 Minor Privileges—See under that heading See also Licenses. OCTOBER 1, 1931—JUNE 30, 1963 231

Volume Page PETROLEUM PRODUCTS— Fuel oil—Tax construed 50 82 50 102 PHILIPPINE ISLANDS— Filipinos are not aliens 37 99 PHYSICIANS— City Hospitals—Liability for damages on account of malpractice 39 121 Employment on contract basis 49 299 School clinics; not paid on holidays 51 205 Zoning provisions as to offices 54 105 PIERS— Franchise for use of; release by ordinance 46 74 Lease of Pier 6 to Social Security Employees 46 259 Leases—City not divested of right to regulate use of driveways on by 37 79 Liability of Lessee for repairs above reasonable wear and tear 43 240 Maryland Drydock Company—Rent or franchise, not minor privilege, and refund not allowed 45 147 Permit necessary for erection 35 34 Sale of oysters on Sunday 49 217 See also Docks; Harbor; Minor Privileges; Port De- velopment Commission. "PIGGERY"— Ordinance for sale of; power of Board of Estimates with respect to 35 39 PILOT LIFE INSURANCE COMPANY— School policies—Students, teachers, employees 49 77 PIMLICO— See Racing. PINBALL MACHINES— Applicability of license requirements 51 66 License—Any "premises" 49 122 License—Not required 41 29 License—Proposed ordinance for 39 183 Pending Ordinance to license invalid 38 99 PIPE LINE— Liability policy should protect City 35 41 Permit from Board of Estimates necessary for placing across Andard Street 35 20, 41 232 OPINIONS OF THE CITY SOLICITOR

Volume Page PLANNING— Master park plan—Cahill Center 39 172 Proposed ordinance—Powers; limitations 35 98 See also Planning Commission. PLANNING COMMISSION— Airport sites—Not to be in conflict with Master or De- tailed Plans 46 31 Airports—Plan for outside City 40 31 Boston Street—Master Plan of Highways; bridge and railroad 40 54 Building permits—Should not be refused merely because site is in proposed street in absence of detailed plan. .45 231 City Council member—Tenure 47 10 Development plan—Question cannot be reopened after approval of plan and work commenced 40 69 Deviation from general plan for shopping center 51 166 Director—Proposed increase in salary 46 130 Disapproval of plat for structure in unsatisfactory sub- division 47 211 Duties advisory only 33 136 Grade of Street—Change in does not need approval of. . 41 166 41 167 Has no power as to selecting Housing projects 42 208 Leakin Park—Jurisdiction as to development 40 199 Light Street waterfront 46 264 Master Plan—Designation of City property on 42 264 Members must be residents of City 45 293 Permission necessary for purchase of sites 47 278 Permit—Disapproval of application on sole ground that part of property needed for proposed public improve- ment not sound in absence of official detailed plan. .45 137 Permit—No authority to reject in absence of official detailed plan 43 211 Power to approve or disapprove builder's plat or plan. . 43 145 Powers—May make rules as to minimum size and area of lots of sub-division 40 86 Powers—No power as to inadequate housing, congested population, etc., except to consider in making plans. . 41 58 Preliminary approval to urban renewal plans 52 286 Priorities among proposed uses of land; powers 51 227 Proposed highway—Building permit must be issued in absence of detailed plan 44 64 Quorum is majority of members 53 13 Redevelopment and urban renewal discussed 50 202 Redevelopment areas—Powers as to 45 234 OCTOBER 1, 1931—JUNE 30, 1963 233

Volume Page PLANNING COMMISSION—Continued: Rules and regulations—Authority to make 43 193 Spot Zoning ordinance—Powers as to 47 23 Sub-division plans—Definition of 46 115 Sub-division plans—Filing of 45 271 Subdivisions—Developers not forced to set aside land for recreation 53 218 Subdivisions—Powers over; recreation areas 54 150 Tourist and trailer camps—No power as to location of. . 40 126 Urban renewal plans—Tentative approval 52 236 Voting—Majority of quorum needed to approve 53 13 Zoning—Agreements as to use of property held invalid.. 52 243 Zoning—Amendments to be referred to Commission. ... 40 109 Zoning—Restrictions for aesthtic reasons 47 30 Zoning—Responsibility for revising 48 9

PLANS AND SPECIFICATIONS— Buildings—Power to change 54 14

PLANT GUARDS— See Police.

PLATS— Fence; case reopened because of erroneous plats 51 28 See also Planning Commission.

PLAYGROUNDS— School loan funds may be used to acquire 44 78 School loan funds may be used to acquire land for 44 85

PLEDGEE— Liability of City Collector for collateral held to secure deposits 41 84

PLUMBERS— Bonds must be signed by Highways Engineer, facsimile signature 36 63 City employees—Who must be Master Plumbers 53 204

PLUMBING— Maintenance man to repair leaky pipes, etc., not plumb- ing work 41 94 Refrigerator systems exempt from permit; air condition- ing unit not exempt 50 246 Rules and regulations may be issued by Commissioner of Health and Building Engineer 33 118 234 OPINIONS OF THE CITY SOLICITOR

, Volume Page POLES— Responsibility for moving, for street improvements 52 1 United Railways on Belair Road—Cost of relocating to be paid by Company 34 10 POLICE DEPARTMENT— Antenna tower may be erected in park 53 127 Bus stand—May establish 40 136 Complete and uncontrolled discretion cannot be con- ferred upon as to parking permits 32 223 Dangerous building—Obligation after posting 42 94 Death in line of duty—Ruling as to 50 359 50 361 Establishment—Control discussed 52 174 Examinations—Conviction as discrediting factor 49 50 Heliport—Use of property for 52 155 Impounding ordinance—Auxiliary lots authorized 50 109 Injuries caused by negligent third persons—City's right of action 49 256 Jail prisoners transferred to City Hospitals—Guards. 54 61 Longevity pay—Repeal of law 44 99 Members of both Police Pension Fund and Retirement System 47 255 Motor vehicles and motor cycles — Financial Responsi- bility Law 45 21 Motor vehicles—Sale of unclaimed 53 63 Park Police—Merger discussed 52 174 Park Police—Question of "blanketing in" 51 87 Park Police—See also under that heading. Pensioned—May be re-hired as investigators 52 246 Pensions—Members may be included in Employees' Re- tirement System 40 148 Personnel Officer—Commissioner may appoint any one on eligible list 45 257 Physician—Status under Retirement System 47 182 Physician holding another office—Effect 48 104 Physicians in, as members of Retirement System 47 213 Plant Guards—Appointment by Police Commissioner.. 41 117 Retirement System—Members of 48 54 Retirement System—Who entitled to prior service credit 46 37 Safety Pylons—Responsibility for 48 12 Salaries—Method of payment 46 35 Special Fund for widows—City not obligated to con- tribute to 50 47 OCTOBER 1, 1931—JUNE 30, 1963 235

Volume Page POLICE DEPARTMENT—Continued: Special Policemen—Not eligible for membership in Re- tirement System nor covered by Workmen's Compen- sation Law 41 103, 104 State law for compensation for work over 48 hours not applicable to Baltimore Police 46 200 Subsistence allowance—Deduction in taxable income.. 51 203 Traffic Commission—Status of employees transferred to 48 83 Veterans' preference 46 19 Women employed at school crossings—Status 48 217 See also Fire and Police Employees' Retirement System. POLICE EXAMINERS— Cancellation of fines by 51 56 Payroll—City has authority to question 42 71 POLICE MAGISTRATES— Commitments—Cannot be recalled or amended; clerical error 49 233 49 254 49 277 Compensation cannot be increased during term of office 44 94 Jurisdiction, etc., in case of dangerous buildings after posting 42 94 Prisoner—Right to order release 42 2, 3 Retirement System—Eligibility for membership in. ... 49 156 Sentence—Clerical error as to. 49 187 Substitute—Compensation 49 168 POLICE POWER— Cannot be contracted away 52 233 Civil defense—Penalties may be added to 53 111 Construed—Anti-discrimination ordinance 49 257 General discussion of 54 116 54 150 54 169 General restrictions applicable to 48 182 Motor vehicles—Sale, when unclaimed 53 63 Power of City to prohibit sale of certain types of comic books depicting crime, etc 46 282 Wage and hour ordinance valid under 53 8 POLYTECHNIC INSTITUTE— Negroes in "A" course 49 3. 236 OPINIONS OF THE CITY SOLICITOR

Volume Page PONCA STREET— Part of, is dedicated street 42 26 POOL ROOMS— Licenses—Fee not to be refunded 50 263 Licenses—Protest 43 207 Licenses—Refund of fees not authorized 50 214 Mayor's power to revoke license of 47 232 47 234 POOL TABLES— Belgian type—Applicability of license provision 47 158 See also Fire Department. POPLIN AVENUE— Barriers across 49 52 PORT— General cargo terminal—City may contract to finance. . 50 288 PORT AUTHORITY— See Maryland Port Authority. PORT COVINGTON— Contract as to 49 208 49 236 PORT DEVELOPMENT COMMISSION— Proposed contract for acquisition of property and erec- tion of a pier held not to comply with Act and ordi- nance for use of City funds 43 177 Secretary not under City Service Commission 45 6 PORT OF BALTIMORE COMMISSION— Loan funds available to 48 153 Members—Appointment; tenure 48 147 National Can Company project considered 49 95 Port Covington—Contract for construction of new fa- cilities 49 236 Powers generally discussed 49 95 Western Maryland Railway—Agreement with 48 153 48 175 Western Maryland Railway—Port Covington agreement 49 208 PORTABLE STOVES— When may be seized 47 250 "POSITION"— Word construed; employer-employee relationship 51 161 OCTOBER 1, 1931—JUNE 30, 1963 237

Volume Page POST MORTEM EXAMINERS— Alien resident as medical investigator 49 39 Discontinued service retirement 39 43 Employees in Merit System 39 31 Employees not eligible to become members of Retire- ment System 39 155 Not City employees and cannot be in Retirement System 38 112

POTEE STREET— Lands near cannot be financed from loan funds 47 257

POWER LINES— Franchise ordinance required for 32 61

POWER OF ATTORNEY— Liability for check endorsed after death of payee 51 37, 50 Proper designation for 51 39,50

POWERS— City does not have power to impose penalty for selling goods in excess of OPA prices 44 137 Fire Department—Extension beyond City 35 131 General discussion of 47 136 Health Commissioner cannot delegate 33 236 Property in trust for Morgan College 35 108 35 115

PRATT LIBRARY— See Damages; Enoch Pratt Free Library.

PRAYER— Public schools; discussion 55 149

PREMIUMS— See City Stock.

PRESERVATION DISTRICTS— Authority and procedure as to—Discussion 54 116

PRESIDENT OF CITY COUNCIL— Elected at special meeting 54 210 Election—Quorum of City Council necessary 54 212 Succession in event of vacancy 53 140 See also City Council.

PRESS CARDS— To whom may be issued • • 47 29 238 OPINIONS OF THE CITY SOLICITOR

Volume Page PRETTY BOY DAM— Certificate of completion, final acceptance and pay- ment 33 173 PRICES City cannot impose penalty for selling goods in excess of OPA prices 44 137 See also Contracts. PRIMARY ELECTION— School loan may be submitted to voters at 34 97 PRIOR SERVICE— See Retirement System. •'PRIOR TO"— Term construed 49 293 PRISONERS— Jail; housed outside City 51 1 May be worked at City Hospitals 42 60, 62 Transferred to City Hospitals—Guards 54 61 Use for work at City Hospitals 42 6, 7 Work on property of Baltimore City Hospitals 40 116 See also City Jail; Habeas Corpus. PRISONERS—FEDERAL— See City Jail. PRIVATE INSTITUTIONS— City appropriations to; principles discussed 53 37 PRIVATE PROPERTY— Pedestrians on, may not be controlled by City 55 90 Traffic on, may not be controlled by City 55 90 PRIVATE ROADS— Users have duty of repairs 50 137 PRIVATE SCHOOLS— Fire Prevention Code applicable to 52 10 PRIVATE STREETS— Sidney (Patapsco) Avenue 33 208 PROBATION— Support decree funds—Refund to Public Welfare 50 32 PROBATIONARY PERIOD— See Civil Service Commission. OCTOBER 1, 1931—JUNE 30, 1963 239

Volume Page "PROCESSING"— Term defined for fuel tax ordinance 50 114 PROCESSING TAX— See Contracts. PROFESSIONAL ENGINEERS— See Engineers. PROMOTIONAL CAMPAIGNS— Appropriation for, discussed 51 113 PROPERTY— Acquisition by City—Valuation procedures 50 88 Acquisition for public use—Valuation 50 338 Aesthetic considerations as to 54 116 54 169 City cannot require beautification of 37 7 Exchange—Procedure 54 90 Historic preservation—Powers; general discussion 54 116 Personal—See Personal Property. Real—See Real Property Account. Sales or lease—Procedure 54 90 Taxes—See under that heading. Unclaimed—City Hospitals patients 50 77 Uniform identification of 32 158 See also Land; Personal Property; Private Prop- erty; Real Property. PROPERTY ACCOUNT— Purchase of land for widening street out of 35 55 PROPERTY TAXES— See Assessments; Taxation. PROPRIETARY FUNCTIONS— Discussion 54 260 PROVIDENT HOSPITAL— City funds may be contributed to 53 37 53 43 PUBLIC EMPLOYEES FAITHFUL PERFORMANCE BOND— Marsh Market not covered by 53 74 PUBLIC GENERAL LAWS—1924 EDITION— Sections construed or cited— Article 1— Sec. 13 32 133 240 OPINIONS OF THE CITY SOLICITOR

Volume Page PUBLIC GENERAL LAWS—1924 EDITION—Continued: Article 2B— Sec. 14 38 105 Sec. 15 39 200 39 202 Sec. 46 38 105 Article 9— Sec. 32 35 198 Article 23— Sec. 154 32 268 Sec. 172 36 17 Sec. 315 34 10 Sec. 403 35 123 Article 27— Sec. 91 38 119 Sec. 141 32 103 Sees. 278-281 39 64,65 Sees. 315 and 711 38 130 Article 30— Sees. 15-23 38 4 Article 33— Sees. 3 and 7 33 75 Sec. 6 37 2 Sec. 26 37 . 110 Sec. 73 33 12 Sec. 135A 33 75 Sec. 174 34 98 Sec. 191 34 98 Sec. 202 33 75 Sees. 222, 223 33 11 Sec. 224A 37 30 Sec. 224P 37 2,31 Sec. 242T 37 2,31 Article 36— Sec. 21 36 42 38 76 Article 38— Sec. 2 32 133 Sec. 4 32 134 33 215 Article 43— Sees. 16-32 32 279 Sec. 240 33 244 Sees. 283 and 284 34 103 Sees. 300-304 34 4 OCTOBER 1, 1931—JUNE 30, 1963 241

Volume Page PUBLIC GENERAL LAWS—1924 EDITION—Continued: Sec. 304 35 67 Article 50— Sec. 13 35 126 Article 56— Sees. 171 and 172 34 26 Sec. 173 37 82 Sec. 174 34 85 Sec. 183 39 213 Sec. 186 37 82 Sec. 193 33 261 Sec. 202 34 85 Sec. 212A 32 123 Sec. 212B 32 123 32 210 32 214 Sec. 228 37 14 Sees. 251-254 36 49,60 Article 57— 33 50,56 33 112 Article 59— Sees. 2, 47 33 170 Sees. 3-5 39 4 Sees. 3, 4, 5 37 106 Sec. 4 39 164 Sec. 8 38 114 Sec. 16 38 114 Sec. 47 39 164 Article 63— Sec. 1 32 154 Sees. 13 and 20 32 156 Article 65— Sec. 40 39 212 Sees. 61-65 33 17 Article 66B 33 119 33 128 35 194 39 44 39 103 39 131 39 148 Sec. 5 32 113 Article 70A— 35 52 38 4 Sec. 3 37 124 242 OPINIONS OF THE CITY SOLICITOR

Volume Page PUBLIC GENERAL LAWS—1924 EDITION—Continued: Article 77— Sec. 114 33 84 Sec. 145 35 35,59 Sec. 220 33 84 Article 78A— 34 113 Article 81— Sec. 1 33 32 Sec. 2, Sub-Sec. 18 34 92 Sec. 2, Sub-Sec. 18 36 138 Sec. 4 34 76 Sec. 6 32 25 Sees. 6 and 7 33 302 Sec. 7 32 23,41 32 42,53 32 64 Sec. 7 34 126 Sec. 7 35 181 Sec. 7(1) 39 218 Sec. 7, Sub-sec. 6 39 159 Sec. 7, Sub-sec. 8 33 52 Sec. 7, (15) 39 213 Sec. 7, Sub-sec. 23 32 149 Sec. 7, Sub-sec. 29 33 34 Sec. 8 36 138 Sec. 8 (b) 34 13,34 Sec. 8, Sub-sees. 3-9 32 149 Sec. 10 33 267 Sec. 15 37 21 Sec. 17 37 21 Sec. 27 34 130 Sees. 27a and 27b 34 36 Sec. 42 34 130 Sees. 48A, 48B 34 76, 77 Sec. 49 36 99 Sec. 58 36 99 Sees. 69/2-86 35 79 Sec. 83 36 105 Sec. 141A 38 79 Sec. 142A 39 58 Sec. 143 34 17,34 Sec. 145 33 32 Sec. 147 36 101 Sec. 153 34 129 38 79 OCTOBER 1, 1931—JUNE 30, 1963 243

Volume Page PUBLIC GENERAL LAWS—1924 EDITION—Continued: 39 159 Sees. 154 and 155 33 140 Sec. 178 34 115 Sees. 183 and 184 39 90 Sec. 188 34 115 34 116 37 52 Sec. 208 33 139 Sec. 219 33 140 Article 83— Sees. 101, 102 33 142 Article 87— Sec. 44 32 198 Article 88A— Sec. 2 38 3 Sees. 2, 8A, 8D, 8E, 8G 35 53 Sec. 9 36 51 Sees. 21-34 38 3 Article 89— Sees. 2, 4, 5, 9, 10 33 40 Article 89B Sec. 11 39 104 Article 90— Sec. 9 32 29 Article 93— Sec. 31 36 135 Sec. 271 33 66 Article 95— Sec. 14 35 110 Article 97— Sec. 15 34 40 35 127 35 128 Article 101— Sec. 32 33 145 38 74 Sec. 35 32 128 33 144 Sec. 35 35 199 Sec. 36 35 144 Sec. 53 36 16 39 201 244 OPINIONS OF THE CITY SOLICITOR

Volume Page PUBLIC GENERAL LAWS—1924 EDITION—Continued: Sec. 63 35 144 35 199 Sec. 65 32 194

PUBLIC GENERAL LAWS—1939 EDITION— Sections Construed or Cited— Article 1A— Sec. 13, 18-18-C, 31 40 96 Sees. 17, 21, 25 45 27 Sees. 35-38 45 145 Sec. 38 46 238 46 300 Sec. 60(3) 46 301 Sec. 61 46 155 Sec. 62 46 6 Sec. 65 46 238 Article 2B— Sec. 2 41 226 Sec. 8 46 16 Sec. 23 40 175 41 121 41 200 41 215 42 180 43 224 44 124 Sec. 26 40 175 Sec. 49 45 156 Sec. 55 (16B) 45 301 Article 9— Sec. 33 43 10 Article 10— Sec. 33 45 227 Sees. 33-39 48 24 Article 12— Sees. 1, 10 48 39 Article 16— Sec. 56 48 132 Sec. 85 46 188 Sees. 85A, 85G 47 128 Sees. 85A-85-S 47 197 Article 17— Sees. 72A-72C 45 271 OCTOBER 1, 1931—JUNE 30, 1963 245

Volume Page PUBLIC GENERAL LAWS—1939 EDITION—Continued: Article 21— Sec. 12 42 138 Sec. 99 41 254 Article 23— Sees. 55, 56 46 208 Sec. 61 46 208 Sec. 77 46 208 Sec. 100 42 104 Sec. 174 45 18 Sec. 175 41 211 42 12 Sec. 207 43 99 Sees. 337-343 41 118 Sees. 345-382 45 191 Sec. 377 46 169 Article 24 . 41 168 Article 25— Sec. 151 42 12 Article 26— Sec. 41 46 215 Sec. 48 45 227 Article 27— Sec. 74 41 41 Sees. 89-97 48 39 Sees. 97A, 97E 47 81 Sees. 98-104 40 11 Sec. 128 46 220 Sec. 154 40 112 Sees. 208, 209 45 307 Sec. 303 41 42 Sec. 496 46 279 Sec. 727 41 124 Sec. 762 40 119 Sees. 781, 782A, 798 47 87 Article 31— Sec. 36 46 228 Article 33— Sec. 4 48 61 Sec. 6 49 13 Sec. 92 42 73 Sec. 95 42 72 Sees. 314F and 314K 43 237 246 OPINIONS OF THE CITY SOLICITOR

Volume Page PUBLIC GENERAL LAWS—1939 EDITION—Continued: Article 33A— Sec. 15 43 181 Sees. 19-21 45 95,97 Article 36— Sec. 10 48 24 Sees. 12, 29 45 125 Sec. 29 48 24 Article 38— Sec. 2 41 141 Sec. 3 40 162 46 18 Sec. 4 43 217 44 86 Article 41— Sec. 7A 45 29 Sec. 48 41 140 Sec. 74(a) 46 104 Sees. 178-189 48 189 Article 42— Sec. 1 43 70 Sec. 17 43 70 Sec. 19 46 188 Article 43— Sec. 63 47 57 Sees. 161A-161D 47 280 Sees. 318-324 41 95 Sees. 333, 337 43 222 Sees. 411-424 40 74 Sees. 425-434 41 6? 50 222 Sec. 446 45 309 Sees. 457-470 43 219 Sees. 457, 458, 464 48 120 Sees. 471-496 40 132 Article 44A— Sees. 4, 8 43 95 47 221 Sec. 8 41 122 47 162 Article 48A— Sees. 81A-81F 41 239 Sec. 98 48 201 Article 52— Sees. 14-14B 42 3 OCTOBER 1, 1931—JUNE 30, 1963 247

Volume Page PUBLIC GENERAL LAWS—1939 EDITION—-Continued: Article 53— Sec. 15 48 148 Article 54— Sees. 46-48 43 155 Article 56— Sec. 8A 46 15 Sec. 24 42 234 Sec. 74 40 28 Sees. 74-74D 41 212 Sees. 74A, 74B 46 139 Sec. 106 48 20 Sec. 145 40 37,55 Sees. 145, 146 41 64 Sec. 146 40 38,56 Sec. 148 41 28 Sec. 157 (h) 45 206 Sec. 159 40 108 Sec. 173 40 110 Sec. 188 40 110 Sec. 264 41 233 46 268 Sec. 293, et seq 45 191 Sees. 293, 294 43 220 Article 57— Sec. 1 43 215 Sec. 11 46 56 Article 59— Sees. 2, 3, 4, 5 47 87 Sees. 3, 4, 5 49 10 Sees. 47, 49 47 87 Article 63— Sec. 1 47 92 Sees. 41-45 40 108 Article 64A— Sec. 10A 46 104 Article 65— Sec. 3 41 237 Sees. 95-97 44 76 Article 66B— Sec. 1 45 209 Sees. 1, 3 48 214 Sec. 4 47 225 Sec. 5 45 200 45 239 248 OPINIONS OF THE CITY SOLICITOR

Volume Page PUBLIC GENERAL LAWS—1939 EDITION—Continued: Sec. 26 40 87 Article 66/2— Sec. 1 43 22 45 204 47 105 47 115 Sec. 2 43 23 Sec. 2 (22), (28) 48 12 Sec. 2 (26) 45 100 Sec. 28 48 113 Sec. 135 45 205 Sec. 139 43 23 48 12 Sec. 140(b) 43 24 Sec. 176 43 128 Sec. 181 46 47 Sec. 187 43 24 45 205 Sec. 190 47 237 Sec. 191 47 105 Sec. 247-265 47 115 Sec. 284 43 217 Sec. 298 44 131 Article 67— Sec. 3 48 14 Article 70A— Sec. 10 42 182 47 280 Sec. 12 43 213,214 46 53 Sees. 16, 17 49 10 Sec. 17 45 83 48 170 Article 72A— Sec. 1 48 39 Sec. 3 48 14 Article 73B— Sec. 1 44 28 Article 75— Sec. 60 41 208 Sec. 154 44 19 Article 77— Sees. Ill, 112 48 31 Sec. 182 40 66 OCTOBER 1, 1931—JUNE 30, 1963 249

Volume Page PUBLIC GENERAL LAWS—1939 EDITION—Continued: Sec. 192 48 31 Sees. 212-230 48 31 Sec. 218 47 71 Article 81— Sec. 3 (d) 40 191 Sec. 6(1) 46 110 Sec. 7 42 270 Sec. 7 (1) 42 102 42 105 Sec. 7 (7) 43 106 45 267 Sec. 7 (21) 41 253 44 63 Sec. 7 (28) 41 242 41 272 41 274 43 29 45 131 46 64 Sec. 8A 46 68 Sec. 11 42 81 Sec. 29 42 38 46 24 Sec. 36 (d) 46 66 Sec. 46 42 176 Sees. 54, 55 43 36 Sec. 55 45 11 Sees. 55-65 45 260 Sees. 72-90W 46 194 Sec. 76 49 5 Sees. 82, 82A 49 5 Sec. 150 40 191 Sec. 152 42 35 Sec. 1521/. 42 36 Sec. 153 42 35 Sec. 159 40 93 Sec. 160 41 22 43 192 47 44 49 10 Sec. 162 40 92 40 139 40 145 41 149 250 OPINIONS OF THE CITY SOLICITOR

Volume Page PUBLIC GENERAL LAWS—1939 EDITION—Continued: 41 275 43 116 44 6, 108 45 147,247 47 3 Sec. 175 46 248 Sec. 178 46 249 Sec. 185 (8) 45 279 Sees. 190-194 42 240 Sec. 196 40 105 43 240 44 49,108 48 37 Sec. 222 (q) 43 9 Sec. 257B 43 9,11 Sec. 291 47 177 Article 83— Sec. 36 45 225 Article 85A 47 177 Article 87— Sec. 5 46 187 Sees. 29, 33, 37C 48 24 Article 87A— Sec. 14 45 124 Sees. 14 (4) and 20 45 67 Article 88A— Sees. 2A, 3, 9, 15 42 182 47 290 Article 89B 47 78 Sec. 148 40 119 Article 93— Sec. 5A 44 10 Sec. 15 46 121 49 42,79 Sec. 80 49 79 Sec. 151B 47 151 49 2 Sec. 239 40 84 Sec. 336A, 336B 43 232 Article 94 47 266 Sec. 2 45 176 Article 96— Sec. 18 44 63 Sec. 23 42 97 OCTOBER 1, 1931—JUNE 30, 1963 251

Volume Page PUBLIC GENERAL LAWS—1939 EDITION—Continued: Sec. 31 40 72 Sec. 41 42 225 Article 97— Sec. 30 45 305 Sees. 57-61 43 51 Article 99— Sees. 73-82 47 283 Article 101— Sec. 36 46 255 Sec. 48 41 82 Sec. 49 40 188 Sec. 65 40 201 41 81 Sec. 80 (8) 43 143

PUBLIC GENERAL LAWS—1951 EDITION— Sections Construed or Cited— Article 1A 51 114 Article 13— Sec. 41 51 39,50 Sec. 80 51 37,50 Article 16— Sees. 82, 83 49 189 Sec. 127 50 8 Article 23A— Sec. 7 49 71 Article 27— Sec. 70 51 111 Sec. 105 49 120 Sec. 142 50 297 Sec. 776 51 179 Article 33 51 92 Sec. 4 50 225 Article 38— Sec. 4 50 107 Article 41— Sees. 49, 50 51 56 Sees. 203-214 50 176 Article 42— Sec. 1 50 81 Article 43— Sec. 496(a) 50 228 Sees. 559-564 51 34 252 OPINIONS OF THE CITY SOLICITOR

Volume Page PUBLIC GENERAL LAWS—1951 EDITION—Continued: Article 44A— Sec. 22 50 313 Article 45— Sec. 1 49 102 Article 48A— Sec. 170 51 60 Sec. 209 50 270 Sec. 212 50 270 50 328 Sees. 214, 219, 226 50 270 Article 52— Sec. 16 51 56 Article 53— Sec. 31 49 290 50 181 Article 54— Sees. 46, 47, 48 49 151 Article 56— Seel 50 6,49 Sec. 148 49 93 Article 59— Sees. 3-5 49 102 Sec. 4 49 120 Sec. 20 50 96 Sec. 31 50 96 Sec. 43 50 241 Article 63— Sec. 47 51 4 Article 65— Sees. 75-79 49 68 51 103

Article 66l/2— Sec. 1 49 178 50 192 50 316 50 330 Sec. 2 50 316 Sec. 2(20) 49 84 Sec. 2(28) 49 185 Sec. 2(b) 50 190 Sec. 80 51 94 Sec. 85(a), 86 50 190 Sec. 96 50 190 Sec. 147 50 297 OCTOBER 1, 1931—JUNE 30, 1963 253

Volume Page PUBLIC GENERAL LAWS—1951 EDITION—Continued: Sec. 148 50 345 Sec. 151 49 178 50 345 Sees. 151-155 49 185 Sec. 153 50 332 50 336 Sec. 155 49 192 50 336 Sec. 157 51 164 Sec. 157(f) 50 98 Sec. 174 50 345 Sec. 176 49 178 Sec. 210 49 84 Sec. 210(a) 50 299 Sec. 224 50 316 Sec. 257 50 330 Sec. 258 49 145 50 192 50 330 Sec. 300 51 164 Article 66B— Sec. 5 50 322 Sec. 6 51 176 Article 69— Sec. 11 49 39 Article 73B— Sec. 6(7) 50 234 Sec. 14 51 60 Article 75— Sec. 162 51 107 Article 75C— Sec. 6A 50 63 Article 77— Sec. 112(6a) 51 144 Sec. 196 50 111 Article 78— Sees. 27, 40 50 291 Article 81— Sec. 2 (20) 50 39 Sec. 8 49 236 Sec. 8 (1) 50 65 50 227 Sec. 8 (7) 49 201 Sec. 8 (35) 50 223 254 OPINIONS OF THE CITY SOLICITOR

Volume Page PUBLIC GENERAL LAWS—1951 EDITION—Continued: 51 48,49 51 55 51 172 Sec. 35 50 263 Sec. 66 49 112 49 123 50 15, 37 51 74 Sees. 69-121 50 326 Sec. 109 50 326 Sees. 126, 128 49 174 Sec. 212 49 123 50 36 50 184 51 90 51 147 Sec. 251 50 32 See. 257 49 149 Article 87— Sec. 38 51 10 Article 88 50 32 Article 88A— Sec. 36 49 117 Article 93— Sec. 6 50 128 Article 96/2— 49 117 Article 100— Sees. 5, 6 49 136 Article 101— Sec. 20 (45B) 50 131 Sec. 33 50 116 Sec. 35 49 194 Sec. 68 (4) 49 268

PUBLIC GENERAL LAWS—(1957 EDITION)— Sections construed or cited— Article 1— Sec. 14 52 171 Article 1A— Sec. 16 55 195 Article 2B— Sees. 72, 74, 78 52 200 Article 5— Sec. 15A 51 225 OCTOBER 1, 1931—JUNE 30, 1963 255

Volume Page PUBLIC GENERAL LAWS—1957 EDITION—Continued: Article 12— Sec. 9 54 312 Article 15 A— Sec. 26 54 202 Article 16— Sec. 72 54 165 Article 21— Sec. 104 54 147 Sec. 108 54 147 Article 23— Sec. 159 52 14 Sec. 372 51 198 Article 26— Sec. 54 54 165 Article 27— Sec. 277 55 9 Sees. 492, 521, 522 53 134 Sec. 710 52 158 Article 33— Sec. 62 52 49 Article 33A Sec. 21B 53 181 53 248 54 8 Sec. 31 52 69 52 189 Article 36— Sec. 10 53 59 Article 41— Sees. 232-243 53 111 Sec. 238 53 23 Sees. 266A-I 55 136 Article 43— Sees. 326, 329, 333 . 53 204 Sec. 420 55 76 Article 47— Sees. 5, 6, 15 52 79 Article 48A— Sec. 107 (b) 52 28 Sees. 127, 128 52 39 Sec. 167 55 29 Article 56— Sec. 12 54 307 Sec. 21 54 307 256 OPINIONS OF THE CITY SOLICITOR

Volume Page PUBLIC GENERAL LAWS^-1957 EDITION—Continued: Sees. 30, 31 54 307 Article 57— Sees. 1,2 54 53 Sees. 1,14 53 227 Article 59— Sec. 44 52 148 Article 62B— Sec. 3 51 255 52 11 Sec. 5 53 185 Sec. 6(a) 52 11 Sec. 18(b) 52 11 Sec. 21 51 255 Sec. 22 51 213 52 11 53 185 Article 65— Sees. 78-82 54 296 Sec. 88 52 26 Article 66/a— Sec. 191 55 90 Article 66B— Sec. 2 53 34 Sec. 3 54 194 Sec. 4 54 12 Sec. 5 53 209 54 105 Sec. 7(j) 51 202 52 62 Sec. 21 53 34 Article 66C— Sec. 366 53 183 Article 72A— Sec. 1 54 312 Article 73B— Sec. 31 52 78 Article 77— Sec. 1 54 273 Sec. 130 54 273 Sec. 202 54 273 Sees. 249-258 52 181 Sec. 259(g) 55 176 Article 78— Sec. 45(d) 52 200 OCTOBER 1, 1931—JUNE 30, 1963 257

Volume Page PUBLIC GENERAL LAWS—1957 EDITION—Continued: Article 81— Sec. 3 52 54 Sec. 8 52 166 54 147 55 195 Sec. 9 52 166 52 181 Sec. 9(1) 52 39 55 195 Sec. 9(4) 55 20 Sec. 9(8) 52 124 Sec. 9(28) 54 186 55 20 Sec. 9(35) 52 23 52 121 53 231 53 235 54 1,4 54 6,50 54 67,70 54 73 Sec. 31 51 240 54 136 Sec. 34 52 102 Sec. 47(c) 51 200 Sec. 48(a) 54 136 Sec. 67 51 240 54 231 Sec. 70 54 136 Sees. 70-91 54 189 Sec. 71 54 136 Sec. 82 54 31 Sec. 95 52 14 54 31 Sec. 98 54 31 Sec. 128 52 14 Sec. 2O2(a) 54 136 Sec. 214 52 54 53 231 54 33,49 Sec. 255 52 82 Sec. 257 51 200 Sec. 312 52 292 Sees. 324-400 53 148 258 OPINIONS OF THE CITY SOLICITOR

Volume Page PUBLIC GENERAL LAWS—1957 EDITION—Continued: Sec. 343 54 136 Sees. 431-464 53 148 Article 88A— Sec.3 55 162 55 182 Sec. 5 55 182 Sees. 11, 12, 18A 55 162 Article 93— Sec. 162 55 29 Article 97— Sec. 22 53 30 Article 100— Sec. 37 52 31 Sec. 65(c) 53 216 Article 101— Sees. 16, 20 51 224 Sec. 33 52 141 52 196 52 292 53 237 PUBLIC IMPROVEMENT COMMISSION— Building loan—Cannot transfer any part of loan for any purpose other than designated 43 189 Claim by contractor for extra work in reconstruction of Western High School 32 104 Claim for wages due by subcontractor for work done at school buildings—City not liable in particular case 33 247 Contracts for constructing improvements 46 83 Contributions by members and employees towards bal- ancing City Budget—Procedure as to 32 78 Loans—Requirements to transfer certain loans to Com- mission 32 185 Ordinances for; procedure as to 46 122 Position of senior stenographer not abolished on aboli- tion of PIC but position transferred to Building Con- struction Bureau 45 258 45 287 Prettyboy Dam—Certificate of completion 33 173 School building—Not subject to mechanics' lien 32 154 Sewer loan—Reimbursement from expenditures for dis- posal plant 40 103 Unbalanced bids—Only Board of Awards can reject 32 179 Unused property—Should be turned over to Comptroller to rent 42 171 OCTOBER 1, 1931—JUNE 30, 1963 259

Volume Page PUBLIC IMPROVEMENT COMMISSION—Continued: Water supply—Power to acquire property in Baltimore, Carroll and Howard Counties considered 43 180 PUBLIC IMPROVEMENTS, BOARD OF— Duties as to certain public improvements 33 136 PUBLIC LOCAL LAWS— See Charter and Public Local Laws. PUBLIC OFFICE— What constitutes 42 188

PUBLIC OFFICIALS— Not liable generally for acts of subordinates 33 105 See also Offices; Officials.

PUBLIC RECREATION, DEPARTMENT OF— See Retirement System; Recreation; Parks.

PUBLIC SCHOOLS— See Schools.

PUBLIC UTILITIES— Conduit under closed street—City's responsibility to relocate 50 255 Relocation expense—Exception from common law rule 53 96 53 119

PUBLIC WELFARE— Activities not restricted to residents of city 38 62 Adoption—Consent to; authority 49 189 Adoption—See also under that heading. Burial for recipients of 47 280 Case workers not covered by Workmen's Compensation 52 196 Checks issued by—Procedure as to 48 100 City Hospitals—Liability for indigent patient 46 61 City Hospitals—Means test for free care 51 135 City Hospitals—Money accepted from Blue Shield 48 88 City Hospitals—Power of regulation as to 49 146 Claims—Abatement of, by City Solicitor 50 157 50 158 "Current resources" of City Hospital patients—Discussed 55 182 Employees for administration of Old Age Pension are under Merit System 35 52 Employees—State law prevails as to classifications 55 162 Employees—Working schedule, absences—Control of.. . 47 78 Funds—Disbursement of, by Payroll Bureau 47 290 260 OPINIONS OF THE CITY SOLICITOR

Volume Page PUBLIC WELFARE—Continued: Funds from Family Welfare, Children's Aid Society, and Shelter for Colored Persons 49 253 General Public Assistance—"Working out" plan author- ized 52 292 Indigent parents—Support by adult children 38 119 Limitations as to charges under 49 10 Mental patients—Duty of Department to ascertain resi- dence 50 241 Montebello State Hospital—Eligibility for admission... 51 34 Pensioned policemen may be investigators 52 246 Property of ward of Department dying intestate—Ad- ministration necessary 43 231 Refund of support decree funds 50 32 Retirement System—Employee in prior service; credit provisions 49 226 Salaries of employees to be fixed by Board of State. Aid and Charities 38 2 Social Security Payments may not be held by 49 205 49 207 Springfield State Hospital—Father to support son in... 47 87 State regulations prevail over City Hospitals 55 182 Support decrees—Refund of monies to 50 32 Surgery on child committed to 54 165 54 263 "Vendor payments" of City Hospital patients—Discussed 55 182 See also City Hospitals; Juvenile Court.

PUBLIC WORKS— Director—Necessity for appointment 49 105 Director—Succession in event of vacancy 53 140 Liability insurance for contractors 50 171 Power of City to use day labor on 33 212 33 217 See also Department of Public Works.

PURCHASES— Bond to cover contracts—Unnecessary as to immediate deliveries 48 107 Buyer's erroneous description of contract not controlling 49 206 Foodstuffs for City Hospitals, etc 46 146 Municipal agencies—Discussion of applicability 54 296 Patented articles—Costing more than $500 35 69 See also Bids; Contracts; Purchasing Agent. OCTOBER 1, 1931—JUNE 30, 1963 261

Volume Page PURCHASING AGENT— Former agent, not entitled to examine correspondence, etc. in office, but entitled to know official action taken in particular transactions 32 116 Requirement to place in City Service 39 225 See also Bids; Contracts; Purchases. PUSH CARTS— Regulation of use of streets by 49 165

PWA CONTRACT— See Contractors.

PYLONS— Safety—Responsibility for 48 12

Q QUARRIES— Abandoned—Fences around 39 187 Operation within City limits 47 42 Operation; Zoning, nuisance 39 187

QUORUM— City Council—Eleven members constitute 54 212 City Planning Commission 38 103 Jail Board—Majority of members 53 47 Planning Commission—Majority of members 53 13 Retirement Board—Majority of members 53 91

R RABBITS- Inspection—Proposed agreement between Health De- partment and U. S. Bureau of Agricultural Economics 32 270

RACE STREET— Grading; liability for diverting water; consequential damages 40 1,53

RACING- NO authority to license or tax operations in City 43 195

RADAR— City's liability as to use of 47 216

RADEKE AVENUE— Erosion along—Responsibility of City; general discussion 55 79 262 OPINIONS OF THE CITY SOLICITOR

Volume Page RADIO— Advertising taxes held to apply to 51 212 Lease of service for five years approved 50 75 Maintenance of service, under Federal Communications Commission 50 54 Press cards issued to reporters from stations 47 29

RAILROADS— Baltimore and Ohio Railroad; advertising tax exemp- tions 51 243 Baltimore and Ohio Railroad—See also under that heading. Bridges—Obligation where road is widened 36 102 Bridges—Signs as to low clearance 48 105 City's liability as to low bridges 48 105 Conduits—When must protect tracks when conduits are laid 35 42 Falls Road—Direction of crossing 47 60 Franchise charges for track—General discussion 55 98 Franchises after expirations may be charged higher fees 53 172 Freight cars—Parked on streets 47 34 Freight cars—Use of skids to load and unload on Guil- ford Avenue 46 57 Grade crossings—To maintain safety gates 46 172 Loney's Lane—Siding on 47 37 Liability under Ord. No. 97 of 1898 47 32 Mulberry Street Underpass—City's liability as to 48 7 Streets—City may regulate use of streets by 50 265 Streets—City's power to convert street to another use. . 50 259 Switch connections—Change 51 128 Switches—Minor privilege for 41 177 41 178 Track—Franchise charges; general discussion 55 98 Track—Paving along 41 55 Track—Temporary permit for siding 34 132 Track—See also Easements. See also Baltimore and Ohio; Northern Central; Pennsylvania; Western Maryland.

RAINS— Cooperative studies at Hopkins as to runoffs 46 257

RAINSTORM— Damage from flooding homes—Liability 49 161

RAT EXTERMINATION— Suggested contract—Use of poison, etc 42 254 OCTOBER 1, 1931—JUNE 30, 1963 263

Volume Page REAL PROPERTY— Date of finality for taxing 51 74 Distribution between real and personal property 52 226 Furniture and furnishings held not to be 55 94 "Owner"—Term discussed 55 116 Proceeds of sale placed in Account 54 9 Razing improvements does not cause reversion to ground rent owners 55 116 See also Conveyances; Deeds.

RECEIVERSHIP— Personal property tax, water bill, minor privilege charge—Collection 52 79 RECORDS— Disclosure of information as to maternal deaths 47 121 Inspection of official; exceptions; procedure 45 284 Length of time to be kept; provisions as to destruction. . 41 126 Peoples Court has no authority to destroy 33 90 Procedure for lending 49 251 Propriety of destroying certain records of Payroll Bu- reau 38 14 What information citizens entitled to have 32 116 When "public" 35 94 RECORDS MANAGEMENT— Birth and death records held within 54 290

RECREATION AND PARKS— Alcoholic beverages—See Stadium, this heading. Amateur sports—Department cannot create division of, to operate sports under its control 44 68 Assessment of land for purposes of 39 185 Barricades on streets for children 49 92 Budget—Transfer of funds between bureaus, prohibited 52 180 Contracts—Department may make for repairs and con- struction of facilities 40 135 Damages—City not liable for negligence of its officers or employees maintaining recreational facilities 42 132 42 133 Developers not required to set aside land for 53 218 Eligibility list may not be based upon race 51 126 Employees—Blanketed into Civil Service 39 77 Employees—Classification of part-time 39 77 Employees—Day Care Center program; not employees of City 45 91 Employees—Five-day week basis 39 13 264 OPINIONS OF THE CITY SOLICITOR

Volume Page RECREATION AND PARKS—Continued: Employees of other departments may work part-time for 39 100 Funds—City is custodian only 49 136 49 171 Insurance—Liability of lessor of property and of City. .39 216 Insurance on activities—City not liable 52 28 John Street park included in loan 50 94 Lake Roland—Use of land surrounding, etc., for recrea- tional purposes will not cause reverter to original owners 42 132 42 133 Liability insurance for contractors 50 171 Loan moneys not to be used to acquire animals for Zoo 51 264 Monuments—Changes approved by Art Commission. 51 194 "Orioles" have sole right of professional baseball in Stadium 50 17 "Orioles"—Permanent office in Stadium 49 183 Parking may not be prohibited by 51 195 Park Police—Merger with regular Police discussed. ... 52 174 Park Police—Subsistence allowance 51 203 Parks—Transfer of loan funds permitted 52 273 Retirement System—Personnel not included in prior service credit provision 49 226 Softball team; fireman's injury not compensable 51 154 Stadium—Beer sales; effect of charter amendment on contract 52 233 Stadium—Board controls sales of beer in 52 220 Stadium—Concessionaire contract; advertising not necessary 49 111 Sub-divisions—Power to require recreation areas 54 150 Vacation and holiday work by extra employees approved 50 198 50 200 Zone change can be protested by Board 50 322 Zoo—Loan funds not to be used to acquire animals. . . 51 264 REDEMPTION— Tax sale property 46 267 REDEVELOPMENT— Area No. 12—Limits; Businesses to be relocated; con- demnation 49 220 Board of Estimates—Approval of plans 48 94 Broadway Development Corporation—Return of deposit to 47 251 Expansion of area; non-slum areas 50 88 New and old commissions—Transition 47 66 OCTOBER 1, 1931—JUNE 30, 1963 265

Volume Page REDEVELOPMENT—Continued: Ordinance would not affect Zoning Ordinance or powers of City as to zoning 44 79 Ordinance 1111, relating to Redevelopment Area 10, not in accordance with applicable law 45 234 Powers of Planning Commission and City Council, re- spectively, in designating 45 234 Power to seek Federal loans and gifts; conditions 46 294 Properties being improved before acquisition for 47 69 "Solid fill" held not legally definable 51 29 Street may be widened with loan funds 51 133 Tax for paving in redevelopment area 50 65 Tax on use of equipment—City not liable for 51 102 Taxes on property acquired for 48 71 Temporary relocations for dispossessed families 47 221 Term distinguished from "urban renewal"; powers as to 50 202 Underground conduit—Duty to relocate utilities 50 255 Use of Federal funds for slum clearance projects 46 305 See also Mount Vernon Place Area; Urban Renewal. RED STAR MOTOR COACHES, INC.— Gross receipts tax does not apply to 46 67 REDUCTION PLANT— Definition of 32 95 REED BIRD ISLAND— Information as to 34 62 REFERENDUM— Ordinance amending Sunday ordinance must be sub- mitted to voters 33 194 REFLECTOR SIGN— See Signs.

REFRIGERATOR SYSTEMS— Exempt from Plumbing Code 50 246

REFUNDS— Admission tax—Requested from State Comptroller 42 267 Alcoholic beverage license—No authority to refund fees 41 120 45 300 Alcoholic beverage license—Not authorized 41 199 41 214 Alcoholic beveage license—Not payable in voluntary liquidation 42 179 266 OPINIONS OF THE CITY SOLICITOR

Volume REFUNDS—Continued: Alcoholic beverage license—When fee may be refunded 40 196 44 123 Alcoholic beverage license—When refund for allowed. .40 175 43 224 Alcoholic beverage taxes—Not required 50 215 Annual inspection fee—How handled 54 233 Auctioneer's license; fee not to be refunded 51 127 Benefit assessment not allowed 46 34 Blind person—Taxes paid by 50 263 Blind property owner; deceased—Permitted 55 35 Blind property owner held entitled to, for taxes 53 231 53 235 Building Code fees—Overpayments 54 233 Building permits 32 235 Building permit—not authorized; possible exception... 36 112 Building permit fees not refundable 45 4 Building permit fee, when work is not done 52 40 Claims filed with Board of Municipal and Zoning Ap- peals 51 90 51 147 Costs in distraint proceedings not refunded 48 148 Decedent, residing temporarily in Paris, held to be resident of Baltimore and estate not entitled to re- fund of taxes 38 78 Deposits for water extensions—Right to has expired. ... 41 146 Deposits for water main extensions; limitations 33 28 41 92,93 Duplicate payments of water and miscellaneous bills do not require approval of Board of Municipal and Zon- ing Appeals 51 182 Elevator inspection fees—Overpayment 54 233 Entertainment—Refund of fee not allowed 33 300 Fidelity and Deposit Company—Not entitled to as no appeal taken to denial of exemption 42 239 Fines—No refund where person in jail died before he could be released 46 1 Fines—Payment when remitted by Governor 43 226 Footway paving—Procedure required to be entitled to. . 44 35 Interest and penalty—Refund held invalid 52 102 Interest on not authorized 41 149 44 107 Interest on over-payment of taxes 45 187 45 188 Interest on taxes paid in error prior to June 1,1937... 37 52 OCTOBER 1, 1931—JUNE 30, 1963 267

Volume Page REFUNDS—Continued: Interest to be paid on taxes refunded 39 55 Interest on taxes—When payable on 40 105 Interest—When payable on taxes paid in error 44 48 Junk dealers—For unused license not authorized 41 175 Licenses—Alcoholic beverages, in case of bankruptcy. .39 108 License fees—No authorization for 50 214 License fees—No provision in Code for 50 263 License fees—When authorized 52 197 License for parking lot cannot be refunded 44 61 Licenses—Not authorized as to parking lot license fee 44 74 Limitation in filing application for 43 75, 77 Liquor license—Entitled to when revoked license on appeal 44 123 Liquor license—Filing fee cannot be refunded 45 300 Liquor license—When to be allowed 43 224 Manufacturers' exemption—Failure to appeal denial of exemption 42 239 Meat inspection license—Entitled to refund when not permitted to operate 42 40 Minor privileges—Entitled to pro rata portion in case of abandonment 45 92, 93 Minor privileges—Removed newspaper vending machine 41 246 41 247 Minor privileges—Where U. S. owns wharf 44 39 Minor privilege charges—Bill boards 51 189 Multiple family dwellings—Not made if City purchased property 53 151 Open-air garage license fees—Denied 54 64 Open-air garage license fees—Not authorized 52 197 Parking lot license fees 48 131 Paving assessments—When not entitled to 40 197 Paving taxes—Disallowed; later recommended 33 41 33 138 Pawnbrokers—No refund for unused portion of license 45 230 Pawnbrokers' license—Not allowable . .• 33 301 Payment made to City by mistake in construction of contract should be refunded 35 107 People's Court—Costs paid by mistake cannot be repaid 33 113 Property which would have been exempt had claim been made 50 223 Removal of tenants property from sidewalk. . 47 3 Sewerage tax—Discussed 55 206 Special paving tax—Not authorized 41 272, 274 Specific authority for required 47 3 268 OPINIONS OF THE CITY SOLICITOR

Volume Page REFUNDS—Continued: Street vendor's license—Not allowable 33 300 Support decree funds—Refund to Public Welfare 50 32 Surety bond—Not required after 10 years 53 221 Taxes—Appeal Tax Court, and not Board of Estimates, has authority to authorize refund of taxes erroneously paid 45 246 Taxes—Application to be made within three years 40 9 Taxes; approval by Board of Municipal and Zoning Appeals 51 182 Taxes—Assessment reduced after date of finality 50 36 Taxes—Based upon new assessment 49 199 Taxes—Blind owner; general discussion 54 6 Taxes—Blind owner; tenants in common 54 70 54 73 Taxes—Blind owner; to receive in part 54 1 54 4 54 6 54 50 54 67 54 70 54 73 Taxes—Blind owner; when pro-ration permitted 54 1 54 4 54 6 Taxes—Board of Estimates has no power to make 43 75, 76 43 116 Taxes—Cannot be made where taxpayer had remedy by appeal 40 139 40 142 40 144 Taxes—Cemetery company entitled to when appealed in time 39 159 Taxes; interest on 38 5 Taxes—Interest on over-payment of taxes 45 187, 188 Taxes—Interest payable on 48 37 Taxes—Interest payable on over-payment 49 149 Taxes—May be made when paid in error 40 139 Taxes—May not be made where validity of assessment may be appealed 40 92 Taxes—National bank not entitled to as utility tax paid voluntarily 45 280 Taxes—Not in power of Board of Municipal and Zon- ing Appeals 49 123 Taxes—Not provided for in settlement 49 197 OCTOBER 1, 1931—JUNE 30, 1963 269

Volume Page REFUNDS—Continued: Taxes—Not to be paid to Housing Authority when paid on property acquired after payment 40 125 Taxes paid in error—Procedure to secure 35 188 Taxes—Payment on order of Appeal Tax Court 41 195 Taxes—Penalties and interest may not be refunded. ... 42 69 Taxes—Proper after erroneous assessment 52 54 Taxes—Three-year limitation 54 49 54 73 Taxes—To be made on order of Appeal Tax Court. ... 41 195 Taxes—When demand for, must be made 34 65 Taxes—When erroneously paid; requirements 44 5 Taxes—When interest payment on 40 105 Taxes—When may be made 40 92 Taxes—When paid twice, payable to person paying same 40 183 42 19 Taxes—When payable 40 106 Taxpayer not entitled to interest on refunds made on account of excess taxes paid 33 199 Three-year limit on 54 49, 73 Towing charge—No provision for refund 46 237 Utility tax—Limitations applied 54 33 Vending machine license—Refund for overpayment. ... 45 242 Water connections—Payment to original applicant or his assignee 36 144 Water mains to be installed at Sollers Point Road 43 57 Water Rent—Omitted from lien certificate but paid later by purchaser 33 233 When barred by limitations; Board of Estimates may make as matter of equity 32 39 See also Alcoholic Beverages; Distress for Rent; Taxation. REFUSE— City not obliged to accept materials from private con- tract haulers 53 239 "Place" construed as to removal 52 248

REGISTER OF WILLS— Appearance fees retained in part by 53 59

REGISTERED MAIL— Liens for medical services 51 4

REGULATIONS— Parking on streets, lanes and alleys :...... 49 ••- 245 State law prevails over City regulations 55 182 270 OPINIONS OF THE CITY SOLICITOR

Volume Page REHABILITATION— Urban renewal properties—Subsequent sale not per- mitted 54 86 Use of proceeds of jail loan for center 52 158

RELEASES— Approval of, by Board of Estimates 47 246 School contracts; discussed 51 233 See also Contracts.

RELIEF— Balance due by relief clients for funds to which not entitled 38 98 Temporary loans for; form of certificates; investments for sinking funds or Retirement System 36 22 See also Public Welfare.

RELIGION— Public schools—Prayer case analyzed 55 149

RELIGIOUS INSTITUTIONS— Footway charges—Exemption 54 186 Sidewalk charges—Exemption 54 186 See also Churches.

RENTALS— Conduits—Detailed discussion 54 37 Distraint—Applicant not entitled to refund of court costs if tenant has removed from premises 36 102 Equipment; permitted without bids, for emergency. ... 51 159

RESIDENCE— Employee not required to be resident 40 174 Meaning of term 36 71, 84 49 42 Minor committed to Montrose School 41 124 Old age pension—Requirements for 37 124 Public Welfare not restricted to residents 38 62 Terms construed, for school tuition 50 105 54 286 Where property is partly in county and partly in City— Entitled to school facilities, etc., where most substan- tial part of property lies 37 120 OCTOBER 1, 1931—JUNE 30, 1963 271

Volume Page RESOLUTIONS OF CITY COUNCIL— Cited or Construed— 1939— No. 9, March 24 40 109 No. 10, March 24 39 78 39 161 42 166 1939-1943— No. 633 40 40 1940-1941— No. 1014 45 139 1945-1946— No. 18 45 195 45 209 No. 672 45 108 1946— No. 17 (June 17) 47 168 1953— No. 1617 49 173 1955— No. 2 51 130 1959— No. 5 53 140 1961— No. 1174 53 77 No. 1461 53 111 1963— No. 6 55 188

RESOLUTIONS (PENDING)— Board of Recreation and Parks—Alcoholic beverages licenses (No. 728) 52 233 Dogs—Impounded and unclaimed (No. 1890) 47 168 Harbor Field—tise (No. 2619) 48 16 Stone quarry—Prohibition of (No. 1342) 47 42 Traffic Commission (No. 1558) 47 144

RESTRICTIVE COVENANTS— Deeds—Discussion of 50 251

RETAIL SALES TAX— See Taxation—Sales tax.

RETAILER— Term defined 49 103 272 OPINIONS OF THE CITY SOLICITOR

Volume Page RETAINED PERCENTAGES— Contracts—Not to be used on other claims 51 110 Release of, discussed 51 233 RETIREMENT SYSTEM— Abolition of position—Member not entitled to pension when employment in another department is available 45 287 Absence from service for more than five years causes member to lose membership in the System 33 286 Accidental death—Accident en route to office; evidence 42 247 Accidental death—Benefits payable; duty of Trustees; Cobb case 43 163 Accidental death—Duty to file claim 49 300 Accidental death—Payments by third party not set off against payments by City 39 41 Accidental death benefits—Dependents required 50 148 Accidental death benefits—Effective date 51 82 Accidental death benefits—Hearing on claim for 37 71 Accidental death benefits—Minor child may receive. ... 52 277 Accidental death benefits—Ordinary death benefit pay- able where no surviving widow, etc 38 43 Accidental death benefits—Payable where member dies within 30 days of retirement 37 100 Accidental death benefits—Relationships prescribed.... 51 71 Accidental death benefits—To whom payable; offset of Workmen's Compensation 38 111 Accidental disability—Allowance illegally granted 47 77 Accidental disability—Allowance; set-off payments un- der Workmen's Compansation 35 200 35 205 Accidental disability—Award; service retirement case reopened for 52 6 Accidental disability—Benefits payable only to members 51 215 Accidental disability—Payments made only to "mem- bers" at time of accident 53 132 Accidental disability—Regulation may fix time within which application for, may be made 40 88 Accidental disability—Retirement; employee not entitled to, for accident before becoming member 39 179 Accidental disability—Retirement; reopening case on more complete evidence 37 74 Accidental disability—Ruling as to 50 301 Accidental disability—Testimony in case not available for inspection of counsel unless Trustees so order. ... 40 165 Accidental injury—On way home from work; not in course of employment 36 6, 10 OCTOBER 1, 1931—JUNE 30, 1963 273

Volume Page RETIREMENT SYSTEM—Continued: Accrued liability—Payments required by City; method of calculating 36 24 Accumulated contributions — Payment to beneficiary where membership of member is void 39 93 Accumulated contributions—Redeposit of 49 294 Accumulated contributions—Returnable for member who died while not in City service 50 257 Age for compulsory retirement 50 165 Age of eligibilities—Ruling as to 49 148 50 2, 74 Age for membership in 48 61 Age limitation—Employee 55 and over when employed not eligible for 42 111 42 112 51 170 Age limitation—Not inhibition against employment. ... 41 151 Airport Zoning Commission—Members and employees not eligible for membership, as positions are temporary 45 254 Allowance not increased for prior service 47 94 Annuity, additional—Status of contributions for 49 131 Annuity contributions—Refunds after age 60 53 83 Annuity Savings Fund; overpayment in salary not re- coverable from 51 60 Annuity Savings Fund—Offset claim not payable from 50 71 Annuity Savings Fund—Pension fund is distinct from. . 52 230 Assignment of benefits prohibited 50 71 Bailiff—Cannot receive two pensions 44 42 Bailiff—To be member of 48 168 Bailiff of Orphans' Court—Appointed for fixed term and may serve to end of term after reaching 70 years of age 35 177 Baltimore Emergency Relief Commission—Employees in prior service credit provision 49 226 Baltimore Museum of Art—Employees not eligible for membership in 37 42 Baltimore Museum of Art—Employees not eligible to join 35 38 Baltimore Museum of Art—Payment by member to secure credit for full service prior to June 1, 1939. . . 39 145 Beneficiary—Ancillary administration required 49 79 Beneficiary—Change construed 49 99 Beneficiary; Designation with Board of Trustees pre- vails over will 51 218 Beneficiary—Husband's legal status as such not relevant 50 128 274 OPINIONS OF THE CITY SOLICITOR

Volume Page RETIREMENT SYSTEM—Continued: Beneficiary—In active service until 30 days after re- tirement 50 232 Beneficiary—Insurable interest required 55 29 Beneficiary—Notice of change received after member's death 53 138 Beneficiary—Payment made to administratrix 49 48 Beneficiary—Right to receive payment from 47 61 Beneficiary—When pension for ordinary disability may be reduced 32 255 Benefits—Application for and effective date 51 82 Benefits—Choice by widow of People's Court Judge... 51 85 51 119 Benefits—Minor child may receive 52 277 Benefits—One year's creditable service required 52 230 Benefits—To whom payable in case of death of member whose beneficiary for contributions predeceased him and whose beneficiary for death benefits was son of woman with whom he lived as man and wife 37 44 Board of Estimates—Has no jurisdiction as to 37 78 Board of Trustees—Quorum; chairman's vote; votes necessary 53 91 Board of Trustees—Power to reopen cases 52 6 Bonds—May not be purchased from firm of which trustee is a member 46 92 Chief Engineer Cobb—Died as result of accident en route to office; facts in case 42 247 Chief Hospital Physician—Right to membership in Sys- tem 36 118 Chief Physician of Police Department—Eligibility for membership 45 217 Civic Center Director—Status of membership 55 178 Class A membership—Date for election of 50 4 Class A membership—Right to elect 50 52 Comptroller—Deputy may act for as member of Board 48 166 Comptroller—Oath not.required as trustee 55 151 Continuation of employment after age 70 permitted. ... 51 260 Contribution—Cannot be returned after retirement or on reaching age 70 37 14 43 169 Contribution—Compensation; based upon 50 78 Contribution for prior service credit may be cancelled.. 51 269 Contributions—Redeposit of prior accumulated 49 294 Contributions—Refunds permitted 49 131 Contributions—Return of 44 11 OCTOBER 1, 1931—JUNE 30, 1963 275

Volume Page RETIREMENT SYSTEM—Continued: Contributions—Returns of execess amount 36 14 Contributions—To equalize pension and annuity 48 192 Contributions—When voluntary 49 109 Contributions—Voluntary, additional, not refundable 53 85 Contributions and pension funds of employees not sub- ject to attachment 35 152 Cost of living adjustment 49 29 Cost of living subsidy construed 47 45 Credit for service in another system 48 109 Creditable service — Distinguished from membership service 50 57 Creditable service—Maternity leave without pay not included 50 155 Creditable service—One year required for benefits 52 230 Creditable service—Required for payment of benefits. 50 148 Cut-off ticket—Effect of 36 125 Date of retirement—Cannot be changed by Board after death of member 41 36 Death benefits—Beneficiary not entitled to if member died after cut-off ticket issued 36 125 Death benefits—Creditable service required for 50 148 Death benefits—Held under facts that deceased was not in service 50 257 Death benefits—Insurable interest of divorced wife.... 44 49 Death benefits—Insurable interest required 53 49 Death benefits—Law construed 51 151 Death benefits—Method of calculating 45 274 Death benefits—None payable, except accumulated con- tributions, where employee, with membership of less than one year, met accidental death in performance of duty leaving no dependents 33 210 Death benefits—Not payable after resignation 50 230 Death benefits—Not payable where employee not eligible to membership on account of age; false statement.. 35 175 Death benefits—Not payable where former member dies after separation from service 35 178 Death benefits—One year of creditable service necessary 48 21 52 230 Death benefits—Payable to beneficiary without deduc- tion of any amount due City by deceased employee in form of shortage 45 103 Death benefits—Payable to trustee under trust agree- ment with deceased member 38 15 276 OPINIONS OF THE CITY SOLICITOR

Volume Page RETIREMENT SYSTEM—Continued: Death benefits—Payable where members died after ap- plication for retirement 45 295 Death benefits—Payment where husband acquitted of killing wife 33 228 Death benefits—Policy as to payment where death occurs while member is on leave without pay 44 119 Death benefits—Prior to one year's service 51 6 Death benefits—Should be paid into Court in case of conflicting claims 36 86 Death benefits—To whom payable when beneficiary dies before member; when beneficiary dies after member but before receiving payment 36 68 Death benefits—When administration necessary for pay- ment of 44 76 Death in line of duty—Ruling as to 50 361 Death occurring before retirement effective 50 232 Deceased member—Payment of accrued retirement al- lowance due 36 143 Deduction from benefits not permitted 50 71 Department of Recreation—Employees entitled to credit for service with Public Athletic League, etc 43 101 Dependents only may collect accidental death benefits 50 148 Disability allowance—Not payable if accident was on way home from work 36 6, 10 Disability beneficiary in gainful occupation 47 45 Disability benefits—Not payable until after 5 years of creditable service; leave of absence without pay 37 68 Disability payments must commence at age 70 53 5 Disability retirement—After payment of Workmen's Compensation and contradictory statements as to physical condition 35 140 Disability retirement—Employee may be re-employed at termination of disability and again become member of System 37 50 Disability retirement—Allowance to be reduced by earn- ings in excess of difference between allowance and sal- ary 45 49 Disabled member—Responsibility of appointing officers to determine ability to return to work 45 105 Discontinued service—Member not entitled to pension on failure to be re-appointed to office 43 124 Discontinued service—Member removed without fault after 20 years' service 39 43 Discretionary power in Board—Ruling as to 50 4 OCTOBER 1, 1931—JUNE 30, 1963 277

Volume Page RETIREMENT SYSTEM—Continued: Divorced wife has no insurable interest in member. ... 51 101 Dual employment discussed 50 200 Eligibility—Physical examination required 53 61 Emergency Charity Association, Inc.—Employees in prior service credit provision 49 226 Employee attaining age of 55 years during the proba- tionary period of six months eligible for membership. . 33 255 Employee electing not to join in 1926, but joining in 1946, not entitled to prior service 45 180 Employee of Probation Department—Prior service as de- fined by Ord. 912 of 1943 43 38 Employee of Public Improvement Commission — Not entitled to retirement on abolition of Commission, as position transferred to another department 45 258 Employee required to become member of 55 178 Enoch Pratt Free Library—See Pratt Library, this heading. Equalization allowance applies to certain full credit serv- ice 51 180 Estoppel to combat claim for prior service credit im- properly given 47 277 Fire department—Heart disease benefit provision held invalid 52 207 Fire department—May be granted where evidence war- rants in case of death from heart condition 43 80 Fire department—Pensions for, when disabled 50 357 Fire department—Separate system not authorized 44 132 52 283 Firemen—Age for retirement whether or not member. .44 125 Former employee may be re-hired after age 70 51 63 Former members not eligible for membership on tem- porary employment 32 137 Forty-hour week—Effect on contributions 50 7o Fraud by member—Power to recover excess payment 49 148 Fraud in membership—Held a nullity 49 266 General system for employees—Discussed 52 207 52 285 Hearings—Not necessary when Board has full record.. 50 301 Heart disease benefits for firemen held invalid 52 207 Hecht, Lee I—Not eligible to pension as not removed from office 43 124 Housing Authority—Employees not eligible for member- ship in 45 299 Husband as beneficiary—Legal status not relevant. ... 50 128 278 OPINIONS OF THE CITY SOLICITOR

Volume Page RETIREMENT SYSTEM—Continued: Illegitimate son as beneficiary 49 40 Incompetent—Court approval of optional selection of committee 41 32 Insane member—Payments not to be made until com- mittee is appointed 39 115 Insane member—Payments of pension for 39 177 Insurable interest as beneficiary; discussed 53 49 55 29 Insurable interest construed; divorced wife 51 101 Insurable interest construed; friend 51 80 Insurable interest in member of 49 2 Interest allowable on contributions (annuity savings) for five years after separation from service 43 172 Interest—Payable to date of death of member 45 84 Interest on contributions returned 51 9 Investments; Marsh Market bonds 51 229 Leave of absence without pay—Not considered as credit- able service 37 68 Liquor License Commissioners—Age of part-time em- ployee 50 125 Lump sum payment to retired members 47 214 Lunatic—Committee cannot cash check issued after death of ,, 40 186 Mandatory retirement at age 70 53 5 Maternity leave without pay; not creditable service. ... 50 155 Member—Appointed for fixed term 47 182 Member—Cannot res'gn as such and withdraw contribu- tions 44 37 Member—Effect of absence from service 49 156 Member entitled to interest on annuity savings while on maternity leave and for five years after leaving service 43 172 Member in service—Cut-off ruled not effective 47 112 Member—Joining after age 55; held a nullity 49 266 50 2 Member—May continue as member of system for five years after ceasing to be employee of 39 145 Member—Necessary to be at time of accident, to collect payments 53 132 Member on leave without pay does not die "in service". 47 190 Member—Person appointed by Governor 49 156 Member—Relieved from position without fault 51 151 Member—Resignation; discussion of particular facts. . 50 230 Member—Rights in, may not be diminished 50 275, 276 Member—Right to prior service credit 49 229 OCTOBER 1, 1931—JUNE 30, 1963 279

Volume Page RETIREMENT SYSTEM—Continued: Member—Veteran's rights not retroactive 50 79 Member—War Production Training Program workers not included as 50 22 Membership begins at end of 6 months' employment. . 47 266 52 18 Membership—Eligibility of employee injured during probationary period 32 256, 266 Membership—Employee injured in automobile accident during probationary period entitled to become a member 37 51 Membership—Held continuous under facts 50 169 Membership—One year's creditable service required for benefits 52 230 Membership—Part-time employee's status 53 102 Membership service—Distinguished from creditable serv- ice 50 57 Military leave—Credit given under State law 52 26 Military leave—No prior service credit for non-member 53 93 Military leave—No right to withdraw contributions un- less he resigns, etc 41 115 Military leave—Right on return to elect Class A mem- bership 50 52 Military service; enlisted period not creditable 51 13 Military service; person not returning to City employ- ment 51 9 Not affected by Act of 1945 44 75 Option — Time within which right of, may be exer- cised; notice of intention to select option 33 252 Ordinary death benefit—Payable to woman with whom member lived as husband and wife and whom he had named as beneficiary 37 104 Ordinary disability—When pension may be reduced. . . 32 255 Overage person's membership a nullity 50 74 Over-age upon joining-System; membership invalid... 51 170 Park Police; rights in 51 87 Payments to member residing in Germany prohibited by Trading with Enemy Act 43 27 Pension—Not entitled to on abolition of position if em- ployment in another department available 45 287 Pensioner—Requirement as to employment by City. 44 65 Pension Fund—Annuity Savings Fund is distinct from. . 52 230 People's Court—Election between City and State 49 235 People's Court—Judge's widow must elect benefits. ... 51 85 51 119 280 OPINIONS OF THE CITY SOLICITOR

Volume RETIREMENT SYSTEM—Continued: People's Court—Status of judges of 49 218 Person removed from position without fault; rights discussed 51 255 Police—Employees not entitled to membership 36 142 Police—May be included in 40 148 Police—Member of Police Pension Fund and Retirement System 47 255 Police—Physicians as members 47 213 Police and Park Police in 52 174 Post Mortem Examiners—Not City employees and can- not remain members of 38 112 Post Mortem Examiners — Employees are state em- ployees and not eligible to become members of 39 155 Post Mortem Examiners—Trustees may limit to member- ship in 44 25 Power of attorney—Handle checks 39 177 Power of attorney—Terminates when member becomes incapacitated 39 115 Pratt Library—Creditable service begins when employee joins 39 35 Pratt Library—Janitor on leave of absence 39 112 Pratt Library—Method of auditing membership service 39 141 Presumption of death of member of — Requirements as to 49 142 Prior service—Application of Ordinance 912, April 30, 1943 45 85 Prior service—Can only be given on application of mem- ber 45 274 Prior service—Claim for credit 50 50 Prior service—Credit allowed for service to Playground Athletic League only if an employee of Department of Recreation 45 152 Prior service—Credit for old employee 49 18 Prior service—Credit; claim for 50 50 Prior service—Credit; contribution for may be can- celled 51 269 Prior service—Credit; service necessary for 50 57 Prior service—Credit; eligibility for, expired 50 142 Prior service—Credit; lost when not applied for in proper time 50 218 Prior service—Credit; military service 53 93 Prior service—Credit; swimming pool attendant does not qualify 50 130 OCTOBER 1, 1931—JUNE 30, 1963 281

Volume Page RETIREMENT SYSTEM—Continued: Prior service—Credit; Tome Institute does not qualify for 50 123 Prior service—Credit; under Ordinance 912 51 180 Prior service—Employee joining in 1946 not entitled to 45 180 Prior service—Employees of Dept. of Public Recreation entitled to credit for service with Public Athletic League, etc 43 101 Prior service—Former employee receiving Workmen's Compensation when Pension Ordinance became effec- tive and not becoming member of System, as pro- vided, not entitled to 33 72 Prior service—Method of calculating 45 220 48 54 Prior service—Not to be credited for service with Balti- more County Water & Electric Company 45 150 Prior service—Teacher member entitled to credit for service as special substitute teacher prior to January 1, 1926 45 14 Prior service to be credited as of January 1, 1954— Construed as to applicability 49 226 Prior service—Where employee was receiving Work- men's Compensation when ordinance became effective and later became member of System; previous opin- ion reconsidered and employee held entitled to 34 19 Prior service certificate—Can be amended where credit not properly allowable was included 36 87 Prior service certificate—Cannot be changed after one year 36 19 "Prior to" construed 49 293 Public Welfare employees included in prior service pro- visions 49 226 Public Welfare recipients not under 52 292 Rate of contribution—When additional rate for teach- ers to be reduced to new rate 36 67 Rate of contribution—When new schedules are neces- sary 34 107 Recreation personnel not included in prior service credit provisions 49 226 Reemployment of persons receiving pensions 33 291 43 159 50 25,56 52 246 Refunds—Annuity contributions after age 60 53 83 282 OPINIONS OF THE CITY SOLICITOR

Volume Page RETIREMENT SYSTEM—Continued: Refunds—Contributions 49 131 Refunds—Voluntary additional contributions 53 85 Regular and permanent employment—Test 50 50 Reinstatement where retired through no fault 46 71 Reinstatement without physical examination 49 195 Reopening case—Board has power to reopen and rehear case 37 71 Reopening case—On more complete evidence as to acci- dental disability 37 74 Request for retirement may be cancelled 51 248 Retirement allowance—Compensation from U. S. de- ducted from 48 206 Retirement allowance—Computation of pension and an- nuity 48 192 Retirement allowance—Manner of calculating 48 54 Retirement mandatory at age 70 47 59 Salary over-payment not recoverable from annuity sav- ings account 51 60 Sale of City Stock; re-issue of certificates in small de- nominations 42 201 42 229 School cafeteria employees in 47 184 48 90 Service retirement—Case reopened for accidental disabil- ity award 52 6 Service retirement—Person transferred to Port Authority 51 255 Service retirement—Transfer from Urban Renewal and Housing Agency 52 84 Service retirement—Transfer to State system requires membership 52 78 Set-off—Claim on City against salary and pension ben- efits of employee 35 154 Sister not eligible for accidental death benefit 51 71 Special Policemen—Not eligible for membership in. ... 41 103 41 104 Stepdaughter—Has insurable interest 35 151 Supplemental pensions—Requirements 49 109 51 180 Suspended fireman—Waiver of benefits should not be required as condition to reinstatement 33 274 Teacher—Credit for service in Baltimore County 39 175 Teachers from county systems—Not included in prior service credit provision 49 226 OCTOBER 1, 1931—JUNE 30, 1963 283

Volume Page RETIREMENT SYSTETtf—Continued: Teacher on leave of absence—Reserve Officer perform- ing service for U. S. is entitled to benefits of Ordi- nance No. 458 (1946-47) 46 196 Teacher on sabbatical leave—Status 47 185 Teacher—Retirement after leave of absence 38 50 Teachers—Retirement allowance when retirement is be- tween July 1 and September 1 50 239 Teacher—School Board cannot apply for, because work is unsatisfactory 43 166 Teacher—When additional rate of contribution to be reduced 36 67 Temporary employment—Discussed; ruling as to 50 45 Temporary employment of persons over 70 48 215 Tome Institute does not qualify for credit in 50 123 Transfer from other systems—"Membership service" con- tinued 48 170 Transfer from other systems—Time limitation 48 194 Transfer of service credits from State Retirement Sys- tem 45 82 Trustee—Firm with which connected cannot sell bonds to 46 92 Veteran—Held not to have been member of 49 275 Veteran—Included in prior service credit provision.... 49 226 Veterans—Membership rights not retroactive 50 79 Voluntary contributions—When to be returned 48 126 Voluntary additional contributions not refundable 53 85 Waiver of benefits is against public policy 53 61 Waiver of part of pension permitted 51 196 Walters Art Gallery—Employees not eligible for mem- bership 37 42 War Production Training Program workers — Service not included in 50 22 50 118 51 42 War service—When credit for World War I allowed. . 46 5 Withdrawal—Voluntary membership in first six months cannot be canceled or contributions withdrawn 36 70 Women employed to safeguard school crossings 48 217 Workmen's compensation — Set-off against payments from 35 200 35 205 49 66 See also Fire and Police Employees' Retirement System; Pensions; Teachers' Retirement System. 284 OPINIONS OF THE CITY SOLICITOR

Volume Page RETIREMENT SYSTEM, STATE— Officials formerly in county or town service 50 234 RETREADING TIRES— Federal tax held to apply to City 51 118 REVENUE ESTIMATES— Not revised after passage of Ordinance of Estimates.. 54 215 REVERSIONS— Not to be a decrease from Ordinance of Estimates 54 202 REVERTER CLAUSE— See Deeds. REZONING— See Zoning. RIDING DEVICES— Non-resident ban held invalid 51 173 RIGHTS-OF-WAY— Exchange—Procedure 54 90 Options for pipe line—Status of City and property owner where project is abandoned 45 109 RIPARIAN RIGHTS— Acquired by purchase of Colgate Creek Bridge 35 132 Erosion—Responsibility for; general discussion 55 43 55 79 Liability of City for changing flow of water 46 135 Manner of determining 49 151 Right to alter flow of stream, etc 40 180 Rights of 43 153 Williams Street—Construed 48 76 RIVOLI PARKING SITE— Contract held valid 49 133 ROADS— Oversize and overweight City vehicles on 51 94 See also State Roads Commission. ROLAND AVENUE— Tax Survey plat not conforming to street lines did not confer title on purchase to any part of streetbed. ... 35 33 ROLAND PARK COMPANY— Plan for stores facing Loch Raven Road 39 11 ROLAND PARK WATER TOWER— Dedication of road around 52 86 OCTOBER 1, 1931—JUNE 30, 1963 285

Volume Page ROLLING ROAD— County road—Right to lay water pipe in 36 65 ROOMING HOUSE— Fraternity house included as 55 74 Inspections may be combined 52 240 Interpretation of ordinance for licensing of 37 33 License fee—Return when license refused 35 32 Permits—When to issue 49 113 ROOSEVELT RECREATIONAL CENTER— Used for political meetings 33 58 ROSEWOOD STATE TRAINING SCHOOL— City only obligated to pay for inmates from City after certification 37 115 Inmates—Liability of City for certain 39 222

RUBBISH— Ordinance to prohibit unauthorized persons from taking rubbish from receptacles 33 265

RULES OF THE CITY COUNCIL— See City Council. RUSTLESS IRON & STEEL CORPORATION— Water Pipe in Edison Street—Minor privilege 41 148

S SABBATH— See Sunday.

SABOTAGE— Damages—City not liable for 41 118 St. Paul Garage—Location of gasoline tanks 35 124 35 147

SALAMANDERS— May not be used for drying 48 18

SALARIES— Constitutionality of increases discussed 51 236 51 258 51 262 Deceased employee—Amount due to be paid to estate of 33 126 Overpayment not recoverable from annuity savings ac- count 51 60 286 OPINIONS OF THE CITY SOLICITOR

Volume Page SALARIES—Continued: Schedule in ordinance, of minimum and maximum sal- aries of classified employees 36 126 Standardization ordinance advisory only 40 153 Standardization ordinance not binding 39 166 Taxes—Not a lien against 46 266 When Board of Estimates may increase 46 130 SALES— Conflict of interest not involved, for sale to contractor by member of unpaid Commission 53 1 SALES TAX— See under Taxes; Taxation. SALVAGE CORPS— Former members may not be blanketed in Fire Depart- ment 51 263 SANITATION, BUREAU OF— Employees transferred from incinerator division 48 129 SANITY HEARING— Court costs—City held responsible 50 96 SAVINGS AND LOAN ASSOCIATIONS— Taxation—Powers of City as to 52 14 SCHOOL BOARD— Construction projects—Powers as to 54 14 Power to reduce force, transfer teachers, etc 33 67 SCHOOL BUSES— Ordinance on, held valid 50 316 Used for public schools only 50 111 SCHOOL LOAN— May not be submitted at primary election 34 97

SCHOOLS— Appropriation to be apportioned by School Board 47 226 Architect—Payment of fee for work in advance of con- tract provisions 45 125 Athletic events—When may not be liable to admission tax 35 175 Attendance—Power to require 48 31 Bids—Alternate bid procedure 49 61 Bids—Lowest to be accepted 48 84 OCTOBER 1, 1931—JUNE 30, 1963 287

Volume Page SCHOOLS—Continued: Board—Power to make rules requiring teachers to state outside work and compensation for same 40 141 Building Code—Applicability to 52 10 Bus service not supplied for children 44 30 Cafeterias—Employees in Retirement System 47 184 48 90 Cafeterias—Employees held not in Classified Service 48 9 Cafeterias—Purchase of foodstuffs for 48 90 Condemnation of sites—Ordinance necessary 47 136 Contracts—Agreement and release given effect 52 115 Contracts—Who must approve 48 67 Day camp school—Use of loan funds for 47 71 District Supervisor of School Buildings—Power of School Board to fix salary 46 216 Domicile—How to determine 47 146 Educational employees—Determination of who are.... 54 292 Employees and officers—Distinction 49 126 Employees—Board may increase number of 50 342 Employees—Questions as to race; photographs 50 341 Employees—Reclassified without budgetary provision... 47 226 Fire Prevention Code applicable to 52 10 First Assistant Superintendent—Board of School Com- missioners authorized to appoint but time of appoint- ment in discretion of Board 37 34 Football—Injury benefit fund 46 3 Gas station—Built within 300 feet of 49 225 Gas station near—Special exception not allowed 52 150 Health services in secondary schools 47 273 Insurance on students, teachers, employees 49 77 52 28 Insurance—Liability in 53 220 Junior colleges—Tuition fees may be charged 54 277 Leased property—No duty to construct sidewalk 48 102 Liability insurance for schools 53 220 Loan for ; 44 12 Loan funds—May be used to acquire land for play- ground 44 85 Loan funds; use of moneys discussed 51 222 Loan proposed at 30-day session must be emergency. ... 48 162 Medical certificates—Must be accepted from osteopaths 40 74 Motor vehicles—Teaching pupils to drive; liability of City 37 19 Negro students at Poly 49 3 288 OPINIONS OF THE CITY SOLICITOR

Volume Page SCHOOLS—Continued: Negrd students—Board not required to give data as to number attending, from Baltimore County 35 94 Night schools—Tuition cannot be charged for 33 103 Non-residents—School Board may determine if parents are 35 12 Non-residents—Tuition; fraud in avoiding 53 227 Northeast Junior High School—Rights of sub-contract- ors for construction of 32 34 Nursery schools—Tuition may be charged 54 277 Officers and employees—Distinction 49 126 Optometrists—Certificates as to visual qualifications of prospective teachers 36 127 Parental school—Use of loan funds for 47 71 Pawnbrokers—Stolen property recoverable from 49 82 Physicians at clinics not paid on holidays 51 205 Physicians—Employment on contract basis 49 299 Planning Commission determines priorities in land use. . 51 227 Planning funds—Advance acceptance from Federal gov- ernment 47 264 Prayer case analyzed—Religious observances 55 149 Pupils—School Commissioners may prescribe condi- tions for attending school after 16 years of age 33 82 Pupils—Transportation in private vehicles to athletic event 35 58 Records — Conditions under which public entitled to examine 35 94 Release on school contract discussed 51 233 Residence in City for free tuition 49 42 Residence requirements construed 49 59 50 105 Rules—Commissioners may prescribe for attendance of pupils over 16 years of age 33 82 Sabbatical leaves for teachers—Pension status 47 185 Salary due deceased employee—To be paid to estate and not to be withheld for undertaker, etc 33 126 Sale of school property—Proceeds to be credited to Real Property Account 39 21 School Board determines who are educational employees 45 263 Segregation held unconstitutional 50 1 Supervision of alteration work 49 290 Suspension or expulsion from—Powers as to 48 31 Teacher—Board may make rule requiring statement as to outside work and compensation 40 141 OCTOBER 1, 1931—JUNE 30, 1963 289

Volume Page SCHOOLS—Continued: Teacher—Board not authorized to apply for retirement because work is unsatisfactory 43 166 Teacher—Eligibility for prior service credit expired. ... 50 142 Teacher—On leave without pay — Status in Retirement System 47 190 Teacher—Pension does not restrict hiring as 50 23, 56 Teacher—Retirement allowance when retirement is be- tween July 1 and September 1 50 239 Teacher—Retirement—See Retirement System, gen- erally. Teacher—Riding students in cars; liability 50 324 Teacher—School Commissioners not liable for injury in particular case 43 230 Teacher—Vacation and holiday work for other depart- ments approved 50 198, 200 Teacher—Workmen's compensation law does not cover 43 230 Teacher—See also under that heading. Transportation of children to non-public school 50 111 Tuition—Children of non-resident parents 46 121 Tuition—From non-residents—Credit on 47 82 Tuition—Misrepresentation as to residence of parents. . 40 64 Tuition—Non-resident students 32 135 Tuition—Payable by non-resident living in house beyond City line but owned by City 40 127 Tuition—Provision and rules as to 40 64 Tuition—When may be waived 43 188 Tuition—See also under that heading. Venable Park—Transfer of part for school purposes. ... 39 168 Vocational—School Board not liable for damage caused by pupils driving motor vehicles 44 74 War Nursery Schools—City not liable for injury to teachers who are not City employees 43 227 Women employed to safeguard crossings—Status 48 217 Workmen's compensation—Personnel under 50 116 Workmen's compensation for employees 50 131 See also Contracts.

SCRAP METAL— See Incinerator. SEAL— Municipal—Restriction on use 54 30 SEAMEN'S BETHEL- IS not church within meaning of Building Code 36 29 290 OPINIONS OF THE CITY SOLICITOR

Volume Page SEARCH WARRANTS— Discussion of inspections without 55 154 SECURITIES— Due date of taxes 34 76 Sale—Expenses incident to 44 21 Water loan stock; inheritance tax on 51 266 SELF-INSURER— City may act as self-insurer 50 328 SELF-SERVICE LAUNDRIES— Prohibition on Sunday 53 82

SENTENCES— Clerical error—Effect 49 187 Concurrent fines; how construed 51 108 Consecutive—Term defined 50 107 Jail sentence—Power of magistrate to impose 50 267 Jail terms for less than 2 full days 51 179 Magistrate not to change—Error 49 254 49 277 Two sentences are concurrent, unless otherwise provided 51 52 Where imposed by different courts; are they concurrent 43 128 43 130 See also Fines. SERVICE DRIVEWAYS— Permitted on public right-of-way 55 62 SERVICE STATION— Within 300 feet of school—Non-conforming use aban- doned 52 150

SET BACKS— Condition which might render establishment legal.... 41 48

SET-OFF— Against taxes due 33 141 Bankrupt—Right as to, in case of taxes 33 134 Claim of City against salary and pension benefits of employee may be used as 35 154 Contracts—Reduction of amount owed to City ruled proper 52 169 Taxes cannot be used as against claim due by City. ... 35 110

SEWAGE— Back River plant—Contractor to furnish drawings 50 13 OCTOBER 1, 1931—JUNE 30, 1963 291

Volume Page SEWERAGE ENGINEER— Rental of emergency equipment without bids 51 159 SEWERAGE SERVICE CHARGE— Refund of. denied 55 206 SEWERAGE TAX— Refund denied 55 206 See also Sewer Service Tax.

SEWERS— Anne Arundel County—City can make agreement for connecting sewers with City System 32 183 Charge for use, applies to waste water in Herring Run. . 53 243 Cloudburst damage—No liability in City 49 161 Connection charge imposed; no sewer rent 32 143 Damages—City not liable for unless negligent or failing to repair after notice 37 125 Garbage—Equipment for grinding for discharge into.. 35 61 Hampden—Woodberry Neighborhood Association—Can- cellation of connection charge 41 180 House connection—Extension of time to complete 32 68 House connection—Proper notice as to 36 10 House connection with sanitary sewers, but excluding rain water, etc 33 235 Installation without permit; procedure 43 91 Loan—Reimbursement from for expenditures for Dis- posal Plant at Curtis Bay, etc 40 103 Permit for outfall sewer for U. S. war housing; condi- tions for 43 94 Rains runoff—Cooperative study at Hopkins 46 257 Roland Avenue at 34th Street—Public street and tax survey plat did not confer title to purchaser of any part of street 35 33 Storm water drains—Nuisance; City's responsibility for 53 185 Streams used as—Responsibility for erosion, flooding.. 55 79 Trees obstructing—Power to remove 42 125

SEWER SERVICE CHARGE— Garbage disposal charge—Approved for portion of year 52 186 Gwynns Falls—Discharge in, not subject to 52 152 Lexington Market Authority to pay 52 135 See also Sewer Service Tax; Sewerage Tax.

SEWER SERVICE TAX— Blind—Now applies to 52 23 Jones Falls—Discharge in, held taxable 52 43 292 OPINIONS OF THE CITY SOLICITOR

Volume Page SEWER SERVICE TAX—Continued: Lexington Market Authority not to pay 52 135 Steam heating pipes—Taxability of water on tenant's premises 52 62 Taxicab company—Exemption for water discharged in open ditch, denied 52 43 See also Sewer Service Charge; Sewerage Tax. SHELTER FOR AGED AND INFIRM COLORED PERSONS— Fund from—Custody 49 253 SHERIFF— Appearance fees may be partly retained 53 59 Attorney's fees—When to collect 48 24 Fines and penalties—Proportion City should receive.... 32 132 Licenses—Fee for issue of 48 20 Social Security tax payable by City 51 10 SHIPS— Tobacco products sold to; tax 51 107 SHOPPING CENTERS— Deviation from general plan for 51 166 Licenses—-Fee for issue of 48 20

SHOWS— Licenses for—Enforcement of law 48 20 SICK LEAVE— Provisions as to 35 6 Rule as to 44 51

SIDEWALKS— Advertisements on—Minor privilege 34 109 Areas included as part of "street" 54 186 Board of Estimates may not permit use of for display of automobiles 41 25 Broening Highway—City liable for cost along its prop- erty 41 249 Bus stops—Transit company not to maintain 52 289 Duty of owner to construct 48 102 Fence erected behind, not enclosing City property 47 67 Fence extending into, not permitted 49 15 Garage doors—Not to extend more than 2 feet 41 31 Minor privileges 40 24 Obstruction—Removal of -...-..• 38 48 Obstruction—Removal of 39 174 OCTOBER 1, 1931—JUNE 30, 1963 293

Volume Page SIDEWALKS—Continued: Paving in front of Federal property 36 130 36 131 Paving—Failure to receive notice due to failure of owner to have property transferred in own name 42 120 Paving—Interest cannot be abated 42 120 Removal of property from—Refund for 47 3 Repair—Obligation of property owner 40 154 48 92, 197 Trees along—Liability of City as to 52 167 See also Footways; Paving Assessments. SIDNEY AVENUE (Patapsco Avenue) Is a private street 33 208

SIGNS— Charles Street—Restrictions as to on certain parts of. . 36 1 Extending above roof—Where may be constructed.... 48 98 Graduated rates for, held unwise 49 214 Illuminated—Ordinance not required for former location 50 163 Laws and ordinances prohibiting posting 53 183 Minor privileges—Removal for non-payment of charges 47 50 Permits for 39 197 Power to regulate or restrict use of 40 76 Railroad bridges—Low clearance 48 105 Reflector sign near curb—Liability of City 36 129 Traffic signs and markings—State manual to apply to 49 185 See also Advertising; Billboards; Outdoor Advertis- ing.

SINKING FUNDS— Interest—Not necessary to levy on certain issues 40 193 Investment in City Stock at par 43 168

SKIDS— Use on Guilford Avenue for loading and unloading freight cars 46 157 SLAUGHTER HOUSES— Inspection of meat at, outside City 51 22 Inspection service not required for out-of-town slaugh- terers 32 71 When may be declared "nuisance" 43 147 SLUDGE TANKS— Bid by individual and corporation jointly should be re- jected 33 179 294 OPINIONS OF THE CITY SOLICITOR

Volume Page SLUM AREAS— Bill as to, not recommended 49 71, 75 SLUM CLEARANCE— See Housing Projects; Redevelopment Commission. SMALL CLAIMS— City Solicitor authorized to handle 49 10 SMITH, NATHAN L.— Employment as Consultant to Department of Public Works 46 25 SMOKE— Emission of gas or smoke—Remedy in equity when not in violation of ordinance 46 101 SMOKE CONTROL BOARD— Members—Ordinance revising Smoke Ordinance does not affect terms of 45 169 SMOKE ORDINANCE— Applies to new or remodeled combustion devices 32 208 Violations—Procedure in prosecuting 33 93, 94

SMOKING— "Public passenger motor vehicle" includes taxicabs in or- dinance relating to 44 60

SNOW CLEANING EQUIPMENT— Held subject to bidding procedures 53 121

SOBELOFF, SIMON E.— Employment as Labor Consultant 46 25

SOCIAL SECURITY— Fire Department—Discussion of positions included, ex- cluded 55 36 Payments to minor held by Welfare Department 49 205 49 207 Public welfare working recipients under 52 292 Sheriff's office; tax payable by City 51 10

SOCIETY FOR PREVENTION OF CRUELTY TO ANIMALS— Property exempt from taxation 33 297 34 2 See also Dogs. OCTOBER ly 1931—JUNE 30, 1963 295

Volume Page SOLDIERS— Pay discontinued during service 49 274 Penalties for non-payment of taxes prohibited 45 67 Residents in City—Ruling as to 49 42 Taxes—Affidavit to avoid penalties 42 29 Tax moratorium—Does not apply to property of mother of soldier 42 99 See also Military Service; Veterans; World War Vet- erans. SOLDIERS' AND SAILORS' RELIEF ACT— Discussed 55 159 Exemption of motor vehicles of non-resident officers sta- tioned in Maryland 44 63 SOLICITING— Ordinance to regulate solicitation of money for chari- table and benevolent purposes 33 266 "SOLID FILL" Definition held to be engineering, not legal 51 29 SOLID FUEL— Proration of renewal license fee 51 17 Transporting—Permit not required 48 10 SPECIAL ASSESSMENTS— Churches, charitable institutions, etc.—Exempt from. . . 41 242 42 206 Pav'ng alley in rear of 700 block Edgewood Street— Held no benefit to justify assessment 45 58 See also Paving Assssments. SPECIAL PAVING TAX— Act increasing rate applies where no previous assessment has been made 44 117 See also Paving Tax. SPECIAL POLICE— See Police. SPECIFICATIONS— Intent as to, construed on bids 49 246 Loch Raven tunnel—Alternative bids not called for. 36 12 SPEED LIMITS— Director of Traffic authorized to determine 50 187 Traffic Director has no power to change 49 178 296 OPINIONS OF THE CITY SOLICITOR

Volume Page SPORTS— See Recreation. SPOT ZONING— See Zoning. SPRING GARDENS REAL ESTATE COMPANY— See Marine Railway. SPRING GROVE STATE HOSPITAL— Patients committed from Baltimore City charged to City 50 241 STADIUM— Airplane flying over 47 98 Baltimore Contractors, Inc.—Bid on 47 1 Beer sale—Charter amendment; effect on contract. ... 52 233 Beer sales—Ordinance cannot control 52 220 Canvas cover for playing field, from loan funds 48 47 Concessionaire contract—Advertising not necessary.... 49 111 Construction plans—Limited to amount of loan 46 86 Contract for constructing 46 83 Contract for repairing; City not liable for Social Secu- rity Tax , 40 35 Curfew provisions applicable to baseball games 47 188 License fees for Orioles and Colts 53 44 License fees payable for events in 47 132 McShane Company—Bid on 47 1 Open air garage license fee applies to 50 135 Operation of vehicles at; control 50 345 "Orioles"—Permanent office 49 183 "Orioles" have sole right for professional baseball 50 17 Overtime work in bid on 47 1 Park Police—Power to issue summons 50 345 Parking permitted on areas near 47 72 Permit for use of; effect of indemnity bond. 34 122 Under control of Board of Park Commissioners 34 30 STAIRWAYS— Rendered safe; Building Code provisions 49 249 STALLS— See Markets. STATE AID AND CHARITIES— See Public Welfare. STATE BUDGET— Motor vehicle receipts—City's share, how determined 35 63 OCTOBER 1, 1931—JUNE 30, 1963 297

Volume Page STATE COMPTROLLER— Motor vehicle receipts — Deduction of expenses of Commissioner before paying share to Baltimore, State Budget 35 63 STATE GAME AND INLAND FISH COMMISSION— See League of Maryland Sportsmen. STATE GUARD— When employee not entitled to pay while attending field training camps 42 231 STATE HAY SCALES— Repairs of sidewalk not a lien against State property. .34 12

STATE PROPERTY— Liens—City does not have, for repairs to sidewalks. ... 34 12 STATE RETIREMENT SYSTEM— See Retirement System—State.

STATE ROADS COMMISSION— Cannot erect garage in residential use district 39 103 Dulany Valley Road—Should be given power to reduce speed on portion maintained by City 45 204 Oversize and overweight vehicles on State roads 51 94 Water service—Cost of relocating to be paid by City.. 42 262 42 263 STATE'S ATTORNEY— Appearance fees—Sheriff collects 48 24 Salary raise for appointee 51 236

STATE TOBACCO WAREHOUSE— Buildings Engineer cannot condemn 32 181

STATIONARY ENGINEERS— Jurisdiction of Board 49 135

STATUES— Change approved by Art Commission 51 194 Ordinance not necessary for selection of the site or the placing of 34 83

STATUTE OF FRAUDS— Enforced, as to award of contract 52 96 STATUTE OF LIMITATIONS— See Limitations. 298 OPINIONS OF THE CITY SOLICITOR

Volume Page STATUTES— Prospective operation applied 47 94 55 188 STEAM HEAT— Sewer service tax on water from pipes 52 62 STEAM TAX— Payment to amortize plant facilities held part of cost. .49 231 STEP-FATHER— Duty to support step-son at mental hospital 49 120 STEPS— Ordinance authorizing Biltmore Hotel to construct.... 45 117 STERILIZATION— Operation cannot be performed by City Hospital authority without consent of patient 32 14 STOCK— See City Stock. STOCK IN TRADE— Taxes paid before issue of trader's license 50 49 STONE QUARRY— Operation within City limits 47 42 STONY CREEK— Bridge—Requirement for City contribution valid 44 34 STOP PAYMENT ORDERS— See Checks. STORM DRAINS— Damage from cloudburst—No liability in City 49 161 Proposed structure over—Ruling as to 49 ] 38 STOVES— Kerosene; regulation of 51 58 STREAMS— Building permits in stream areas—Refusal permitted. .54 169 Right of riparian owner to divert or change course or alter flow, limitations 40 180 See also Drainage. STREET CARNIVALS— Ordinance to regulate 33 265 OCTOBER 1, 1931—JUNE 30, 1963 299 Volume Page STREET CARS— Conversion to busses—Powers of ctiy 53 177 Ordinance may make it unlawful to operate by intoxi- cated person 45 52 STREET LAMPS— Removal, for improvement of highways 52 1 STREET LIGHTING— See Lighting; Streets. STREET OPENINGS— Advertising necessary before passage of ordinance for. . 32 225 STREET RAILWAYS— Proposed ordinance forbidding removal of tracks 46 90 See also United Railways and Electric Company; Baltimore Transit Company. STREET RAILWAY FARES— Mayor and City Council cannot fix in franchise ordi- nance, as Public Service Commission has this power 37 109 STREET VENDORS— Licenses 32 241 See also Licenses. STREETS— Advertisement—Painting on pavement 38 69 Advertisement on—Minor privilege 34 109 Alleys—See under that heading. Assessment for work—Payments; lien 51 67 Baltimore Transit Company—Franchise to use 48 156 Barricades for children's recreation 49 92 Bottles—Pending ordinance as to throwing on 45 1 Bradley Realty Company—Contract to close; construed 48 59 Bus stops controlled by Traffic Department 50 291 Bus stops—Transit Company not to maintain 52 289 Cemetery—Condemnation; limitations 41 210 Church exempt from charges 55 20 Coasting—Designating and roping off streets for 33 274 Conduits—Moving electric cables; cost 52 1 Contractors—Responsibility for damage or accident.. 49 154 Cut in pavements—Repeal of sections requiring bond for permits to make 35 71 Damages—Deferred payments in case of opening may be secured by assignment of benefit assessments. . . . . 36 81 Dedication—Effect of; conditions 38 91 300 OPINIONS OF THE CITY SOLICITOR

Volume Page STREETS—Continued: Dedication—Land not included in area of lot for Zon- ing purposes 52 5 Dedication—Only nominal damages when opened for public use 42 26 Dedication—Requirements for acceptance of 37 111 Dedication—Roland Park Water Tower 52 86 Dispossessed chattels placed on 49 292 Drinking alcoholic beverages on—Ordinance 45 2 Driveways—Parking in front of or on 50 299 Driveways—Permitted on public right of way 55 62 Fairview Avenue—Barrier across 49 53 Footway area included in term 54 186 Forrest and Ensor—Proceedings as to opening and widening 34 67,69 34 81 Freight cars parked on—City's powers as to 47 34 Garage extended into 49 55 Greenspring Avenue—Contract construed 48 63 Haven Street—Uncertainty as to whether public or private 37 111 37 127 Hawkers—Power of police over 50 297 Jay-walking regulation held proper 50 336 Lighting—Duty of City; agreement with company. ... 33 288 Lighting system—Installation over basement vaults. 51 105 Loney's Lane—Railroad siding on 47 37 Markings in conformance with State's 50 332 Monroe Street—Status of 34 21 Motor vehicles—Power to prohibit use of 40 159 Obstruction by material from adjacent building 50 181 Obstruction by parking prohibited 48 87, 91 Obstruction—Removal of 39 174 Opening—Agreement of Commissioners to repair walls, etc. not valid and binding on City; equitable to do so 35 162 Opening—City liable for damages caused by delay in. . 37 26 Opening—Collection of benefit assessments 35 100 Opening—Deferred payments may be secured by as- signment of benefit assessments 36 80 Opening—Demolishing buildings on proposed streets.. 33 19 Opening—No authority to open through cemetery 42 11 Opening—Property may be acquired before appeals have been disposed of 35 154 Opening—Requirements as to 33 136 Opening—When benefit assessments are to be paid.... 34 31 OCTOBER 1, 1931—JUNE 30, 1963 301

Volume Page STREETS—Continued: Opening and closing — Forms for ordinances under amended Charter (1946) 45 251 Opening and widening—Awards and benefits must be recorded and certified by at least two Commissioners 34 67, 69 34 81 Opening and widening—Benefit assessments payable even if improvements have not been made 33 201 Opening and widening—When completed 34 138 "Paper"—Discussed 55 98 Parking—See under that heading. Parking meters may be placed on 45 177 Park Police—Enforcement powers 51 89 Paving contract—Termination because of delay 52 35 Paving tax—Cost of curbs, gutters, apportioned 51 208 Poplin Avenue—Barrier accross 49 52 Posting traffic ordinances—When necessary 50 100 Power of City to regulate traffic 51 78 Private building may not be erected in 47 209 Private street—Power of Traffic Director as to 49 224 Private street—Users have duty to repair 50 137 Pylons—Responsibility for 48 12 Railroads—City may regulate use of streets by 50 265 Railroads—Franchises; fees 53 172 Railroads—Franchises, general discussion 55 98 Railroads—Tracks, power to convert street to another use 50 259 Redevelopment—Loan funds may be used to widen. ... 51 133 Relocation of utilities—Cost paid by City 54 235 54 251 St. Stanislaus Cemetery—No authority to open street through 42 11 Service driveway permitted on public right-of-way. ... 55 62 Set backs—When legal to establish 41 48 Sidewalk area included in term 54 186 Signs—See under that heading. Special paving tax assessed only once 50 306 Speed limits—Set by Traffic Director 50 187 Storm water drains—Proposed structure over 49 138 Street car poles and wires—Power to require removal. .53 177 Street lamps and equipment—Moving 52 1 Thames Street—Planking roadway on 47 76 Traffic lights—Power of Traffic Commission 48 195 Traffic signs received as gift—Discussed 52 250 302 OPINIONS OF THE CITY SOLICITOR

Volume Page STREETS—Continued: Trucks—Weights of, allowed 47 115 Wagons, etc.—Power to regulate use of 49 165 Walther Boulevard—Trucks prohibited 49 57 Wicomico Street is public 34 21

STRIKES— Arbitration of 33 40 Teachers' strike would be unlawful 53 216 See also Claims.

STUDENTS— May be permitted to study public administration as Internes 43 150

SUB-CONTRACTORS— Witholding payment to primary contractor for claim against 49 140 See also Contractors; Contracts. SUBDIVISIONS— Developers not forced to set aside land for recreation. .53 218 Disapproval of plat for structure on 47 211 Planning Commission's powers over 54 159 Recreation areas—Power to require 54 150

SUBSTITUTE MAGISTRATE— Compensation payable to 49 168

SUBVERSIVE ACTIVITIES ACT— Library employees covered by 47 177 SULPHURIC ACID- NO ordinance regulating transportation of 40 2

SUNDAY OBSERVANCE— Circus cannot give performances on 45 115 Construction of Sunday amusement law 47 192 Flowers—Sale is valid 52 37 Ordinance amending Sunday Ordinance (No. 130, Feb. 15, 1932) must be submitted to the voters of the City 33 194 Oysters—Sale of, at wharf 49 217 Proposed amendment to so-called Blue Law Ordinance to permit sale of "kosher" meat illegal 32 101 Sale of flowers on, is lawful 38 131 Sale of tickets to games and amusements 38 55 Self-service laundries—Possible prohibition 53 82 Sunday movie laws may be changed; procedure 53 134 OCTOBER 1, 1931—JUNE 30, 1963 303

Volume Page SUPERIOR COURT— Duty to clean offices 49 45 SUPERVISORS OF ELECTIONS— Clerks—Salaries increased by Act of 1931 32 258 Purchase of permanent registration equipment 38 66 Salaries 44 93 See also Elections. SUPPORT ORDERS— Refund of monies to Public Welfare 50 32 SURGERY— Mental incompetents—Principles 52 30 Minor not adopted—Consent 54 165 54 263 SURVEYING— Bill to regulate practice of; proposed amendment 36 47 SURVEYORS— Right to enter and survey in condemnation for Airport 45 95, 96 SURVEYS, BUREAU OF— Property Identification—Power to give numbers 45 276 SUSQUEHANNA RIVER— Power of City to make agreement for use of water from 40 208 Right of City to secure water from 40 207 SUSQUEHANNA WATER PROJECT— Living expenses of employees held subject to income tax 53 117 SWIMMING POOLS— Attendant—Temporary employment; not in Retirement System 50 130 Part of recreation loan approved for 49 89

T TAXES— Abatement—Board of Estimates has no power to grant. . 41 24, 87 42 80, 81 Abatement—Property acquired by City 48 71 Abatement—Time and conditions for 52 184 Abatement Committee—Effect of abatements on interest and penalties 54 231 Abatement—Trustee has no assets 40 190 Admission—City not exempt from 40 28 304 OPINIONS OF THE CITY SOLICITOR

Volume Page TAXES—Continued: Admissions—City swimming pools exempt 41 212 Admissions—Not applicable to charges for city swim- ming pools and golf courses 35 139 Admissions—Not applicable to City swimming pools.. 38 10 Admissions—Public school athletic events 35 173 Ad valorem taxes distinguished from excise taxes 50 282 Advertising taxes—Baltimore and Ohio Railroad Com- pany exempt 51 243 Advertising taxes—Court advertising exempt 51 187 Advertising taxes—Federal sub-contractor held exempt 51 242 Advertising taxes—Florists' association exempt 51 188 Advertising taxes—Form for billing 51 186 Advertising taxes—Merchants' association paper not ex- empt 51 191 Advertising taxes—Milk cooperative not exempt 51 198 Advertising taxes—National banks exempt 51 190 Advertising taxes—Non-profit exemption construed. ... 51 191 Advertising taxes—Non-profit organization exempt 51 188 Advertising taxes—Periodical sold outside State is not exempt 51 192 Advertising taxes—Radio station held subject to 51 212 Advertisements—Description necessary 32 211 Alcoholic beverages—Excise tax 46 16 Alcoholic beverages—-Refund not required 50 215 Alien Property Custodian—Real estate in hands of, taxable 45 102 Art objects—Assessment on property lent for exhibition 39 173 Assessments—Appeal Tax Court (but not Bureau of Assessments) may compel broker to submit informa- tion relative to customers' holdings 34 130 Assessments—Board of Estimates does not have power to abate 35 118 Assessments—Bureau of Assessments may correct error in 34 128 Assessments—Cannot be abated on account of fire after October 1st 40 70 Assessments—Escaped or omitted property 46 23 Assessments—Failure of owner to notify of sale 42 80, 81 Assessments—May be made more frequently than every five years 46 248 Assessments—No abatement for demolition after Octo- ber 1 45 216 Assessments—Rolls; property may be omitted from after a year 33 302 OCTOBER 1, 1931—JUNE 30, 1963 305 Volume Page TAXES—Continued: Assessments—When used cars in hands of dealer not to be assessed 40 207 Assessments—See also under that heading. Authority for—Assessments; date of finality; limitations, etc 48 71 Bank balances—Held beyond City's powers 49 174 Bankrupt—Interest and penalties not collectible after adjudication 34 17 Banks—No tax on city bonds owned by but on owners of bank stock 37 20 Beneficiary—Tax on interest in trust estate of intangi- ble personal property held by non-resident trustee.. 34 13 Board of Estimates—No power to review assessments or refund taxes 39 136 Building and loan association—City's powers 52 14 Cash collected by banks—Payment of; agreement; banks are trustees 33 120 Cemetery taxable after re-zoning 51 51 Charitable institution—Tax exemption based upon date of finality 49 201 Checking accounts—Held beyond City's powers 49 174 Cigarette tax—Manner of affixing tax stamps 49 115 Cigarette tax—Not applicable to sales by mail 45 224 Cigarette tax—Payable on sales to inmates of Peniten- tiary 45 228 Cigarette tax—See also Tobacco Products. City bonds—Tax not imposed on if owned by banks. 37 20 City Collector—When bond not liable for failure to col- lect 45 10 City Council's power to refuse to pass revenue measures 52 145 City property—City exempt from date it acquires prop- erty 42 100 42 101 42 104 Claims for adjustment—Procedure 36 77 Coal tax—Firm held not engaged in "processing" 50 114 Collection by banks—Bond for; failure of Baltimore Trust Co 38 87 Collection by suit instead of by sale of property 33 32 Costs for collection by suits—Cannot be returned to taxpayers 36 41 Date of finality—Assessing projects 43 105 43 106 Date of finality—See also under that heading. 306 OPINIONS OF THE CITY SOLICITOR

Volume Page TAXES—Continued: Decedent temporarily abroad held to be resident .... 38 78 Defense Housing Projects—Payments for municipal serv- ices; contracts 41 16 Discounts for prompt payment 46 65 Discounts on savings bank deposits 42 67 Distraint on personal property for collection of 36 98 Electricity—Imposed on gross bill; effect of company credit 50 197 Excise tax—Provision in, held not discriminatory 50 282 Exemption—Date of finality controls 49 201 Exemption—Property of domestic corporation doing no business in State 32 149 Extinguishment of lien does not cancel debt 55 14 Federal credit union not exempt from 52 280 Federal excise tax—Automobile purchased by Water Bureau exempt from 34 127 Federal excise tax on dividends does not apply to City 33 148 Federal tax on telegrams—Park Board exempt from. ... 41 71 Federal tax seizure not enforceable against market stall 49 108 Forfeited charters—Unpaid taxes ; 42 34 Franchise charge distinguished from 55 176 Friendship Airport—Collectible from tenants 55 195 Fuel oil—Inventories; ordinance construed 50 82 50 102 Fuel tax—Cooperative apartment house subject to .... 50 194 Fuel tax—Exemptions; criteria for determining 50 179 Fuel tax—Firm held not engaged in "processing" 50 114 Fuel tax—Levy is only on use for profit 49 230 Fuel tax—Non-ferrous metal electrolytic refinery ex- empt 49 234 Fuel tax—Obligation of out-of-State sellers to collect from City buyers 49 296 Fuel tax—Provision held not discriminatory 50 282 Garbage disposal charges—See under that heading. Gasoline—City exempt from Federal tax 39 204 Gifts to private agencies—Limitations discussed 54 269 Gross receipts tax—Applicable to temporary bus lines. .50 318 Gross receipts tax—Does not apply to Red Star Motor Coaches, Inc 46 67 Hotel Rennert—Sale under mortgage foreclosure 39 128 Income tax—See under that heading. Incomes from foreign trusts not taxable here 34 86 Inheritance tax not to be paid by City 51 266 Insurance—Company not doing business in State 52 39 OCTOBER 1, 1931—JUNE 30, 1963 307

Volume Page TAXES—Continued: Incomes from foreign trusts not taxable here 34 86 Intangible personal property—Held by non-resident in trust for resident of this State—Taxation of interest of beneficiary 34 13,34 34 86 Intangible personal property—Foreign corporation doing business in State 34 92 Intangible personal property—Resident residing abroad, with securities deposited here, subject to taxation until clear indication to change domicile 32 278 Intangible personal property of subsidiaries of Mary- land Casualty Company—Taxability of 36 137 Interest and penalties—Cannot be waived 49 271 Interest and penalties—Method of calculating 42 175 42 176 Interest and penalties—Not collectible; bankruptcy. ... 34 17 Interest and penalties—Payable on assessment of manu- facturer after deduction of exemption 34 115 Interest and penalties—Power to abate 49 112 Interest on over-payment of 43 239 Interest on personal property taxes not to be refunded 51 253 Inventories—Fuel oil; ordinance construed 50 82 50 102 Jail—Collections required in Commissary 53 148 Johns Hopkins University — Not exempt from utility taxes on commercial properties 45 302 45 303 Laundry machinery subject to 51 153 Lien for—Bankruptcy cases 54 145 Lien for—Cannot be waived 33 178 Lien for—City's priority 54 136 54 250 Lien for, extinguished by Federal tax sale 55 14 Limitations—Enforced as to personal property 47 44 Limitations for collection of 41 22 Limitations—Four-year limitation does not apply where claim has been reduced to judgment 43 191 Limitations—Suits filed in People's Court 44 17 Limitations—Waiver by property owner to prevent tax sale 33 219 McDonogh Educational Fund and Institute—Securities exempt from taxation 34 123 Manufacturers—Time for filing application for exemp- tion 32 69 308 OPINIONS OF THE CITY SOLICITOR

Volume Page TAXES—Continued: Minor privileges—See under that heading. Motor trucks—Assessment in City even if used in inter- state commerce 38 123 Moving building—All taxes due must be paid before per- mit can be issued 41 98 Municipal Museum—Exempt from Federal excise tax on burglary and fire alarm service 41 138 National Banks—Exempt from tax on gas, etc., used in banking business 45 280 Notes in anticipation of 38 37 Off-street parking—Payments in lieu of taxes, discounts and interest apply to 52 126 Omitted—Penalty for failure to return property for taxes 33 140 On property acquired by City—To pay taxes up to date of settlement 33 27 Paying with bad checks so as to secure auto license tags 32 103 Paving tax—Assessed only once 50 306 Paving tax—Cost of curbs and gutters 51 208 Paving tax—Housing Authority not exempt 50 313 Payments in lieu of—Housing developments 54 147 Payments in lieu of—Off-street parking facilities 54 80 Penalties—Board of Estimates has no power to abate; nor has City Collector 41 196 41 197 Penalties—Board of Estimates cannot abate 42 37, 38 Penalties—Failure to file return of property 33 140 Penalties—May not be refunded 42 69 Penalties—Waiver for those in Armed Forces outside of State unnecessary 45 66, 67 Personal property—Abatement of assessment not permit- ted 51 240 Personal property—Interest held properly collected. ... 51 253 Personal property— Receivership collection from 52 79 Powers of City discussed . 49 174 Priority of claims for—Liens 54 136 54 250 Priority applies only to taxes on property in hands of receiver 39 58 Public passenger motor vehicles—Temporary buses sub- ject to tax 50 318 Quarter-annual dates of finality discussed 52 171 Racing—No right to license or tax operations in City. .43 195 OCTOBER 1, 1931—JUNE 30, 1963 309

Volume Page TAXES—Continued: Rate, if low, increases property value 55 65 Real estate—Parking garage license not a tax 49 93 Receivership—Collections from 52 79 Recordation tax—Deed held subject to, under facts.... 53 21 Recordation tax—Does not apply to previously recorded mortgage 53 50 Recordation tax—Purchase money mortgage not sub- ject to 53 6 Redevelopment Area—Paving tax payable in 50 65 Refunds—Appeal on assessment after date of finality. . 50 36 Refunds—Case if tenant obligated to pay 36 111 Refunds—Denied, for erroneous assessment 50 184 Refunds—Illegal assessments 35 203 Refunds—Interest payable on overpayments 38 5 49 149 Refunds—Not in power of Board of Municipal and Zoning Appeals 49 123 Refunds—Procedure to secure 35 188 Refunds—Property which would have been exempt had claim been made 50 223 Refunds—Taxes paid in error 33 6 36 82 Refunds—See also under that heading. Retail sales tax—See Sales tax, hereunder. Retreading tires—Federal tax applies 51 118 Sales tax—City exempt from, if purchased direct from manufacturer 32 250 Sales tax—City not liable to pay tax on foodstuffs sold in public school cafeterias 34 84 Sales tax—Motor vehicles—City probably not liable for titling fee 34 85 Sales tax—Must be collected in Commissary in Jail. ... 53 148 Savings and loan associations—City's powers 52 14 Securities—Due date 34 76 Semi-annual dates of finality—Discussed. ..." 52 171 Set-off against 33 141 Set-off—Right of referee to, as to amount due by City to bankrupt 33 134 Set-off—Taxes cannot be used as set-off against claim due by City 35 110 Sewerage tax—See under that heading. Silver bullion stored outside Maryland by resident owner not taxable 34 76 310 OPINIONS OF THE CITY SOLICITOR

Volume Page TAXES—Continued: Sinking Fund—Not necessary to levy for interest on certain 40 193 Soldiers—Affidavit to avoid penalties 42 29 Soldiers—Moratorium does not apply to property of mother 42 99 Special paving tax—Assessed only once 50 306 Special paving tax—Housing Authority not exempt ... 50 313 State agency—City may not levy upon 52 161 State-owned property exempt from 50 331 Steam tax—Payment to amortize plant facilities held part of cost 49 231 Stock and fixtures—Payment of, before issue of trader's license 50 5 Tangible personal property outside of State not taxable in State 34 76 Tax benefit increases property value 55 65 Tax exemptions—See under that heading. Tax lien certificates—See under that heading. Tax rate—City Council may not reduce by increasing estimated revenue collection 44 30 Tax rate—Reduction because of revisions 54 202 Tax sales—Advertising required 32 144 Telephone—Hotel; how computed for 45 294 Telephone—Marsh Market exempt from 52 224 Tires—Federal retreading tax applies 51 118 Tobacco—Burden of proof as to sale 51 107 Tobacco—Cigarette stamps sold to sub-jobbers 51 15 Tobarco—Collected in Commissary at jail 53 148 Tobacco—Non-profit organizations and "diplomatic cus- tomers" not exempt 51 206 Tobacco—Regulations may be issued as to 50 182 Tobacco—Sales of jobbers taxable 48 22 Tobacco—Sales to ship docked in harbor 51 107 Traders' licenses—Payment of, before issue 50 49 Transportation tax—Does not apply to trucks hired by the City 42 58 Unpaid—Limitations or rights of City not affected by death of owner 33 66 Unpaid—Not practicable to accept deed from owner 33 37 Unpaid—Where property is under jurisdiction of equity court; procedure to collect 33 35 Urban renewal tax—Land used for off-street parknig 54 80 Use of equipment—City not liable for 51 102 Utility tax—Federal Credit Union not exempt 52 280 OCTOBER 1, 1931—JUNE 30, 1963 311

Volume Page TAXES—Continued: Utility tax—"Private Area Lighting Schedule" held taxable 54 266 Utility tax—Refunds; limitations applied 54 33 Veterans—Penalties; court costs, etc 45 124 Wages and Salaries—Not lien against 46 266 Withholding—Public welfare working recipients subject to 52 292 Zoning—Property taxable after 51 51 See also Admissions Tax; Assessments; Motor Ve- hicles; Paving Tax; Refunds; Tax Exemptions; Treasurer.

TAX EXEMPTIONS— Advertising taxes; see Taxes—Advertising Taxes. Application—Manufacturer to file 32 243 Applies to manufacturer using leased machinery 32 243 Automobile purchased by Water Bureau exempt from Federal Excise Tax 34 127 Baltimore and Ohio Railroad exempt from utility .... 46 38 Blind persons—Enforced, with refund and abatement 50 263 Blind persons—General discussion of rulings 54 6 Blind persons—Real property 51 48 51 49 51 55 51 172 Blind persons—Refund after decease 55 35 Blind persons—Sewer service tax 52 23 Blind persons—Statute applied as to real property. ... 52 121 Blind persons—To receive partial refund 54 1, 4, 6 54 50 Church property—Date exemption begins 41 203 41 205 City property exempt 50 69 Domestic corporation—No business in State 32 149 Fallout shelters not tax exempt 52 166 Federal credit union not exempt from utilities tax .... 52 280 Friendship Airport—Ruling 50 237 Fuel tax—Construed 52 164 Fuel tax—Cooperative apartment house not exempt .. 50 194 Fuel tax—Criteria for determining 50 179 Gasoline tax—City not exempt from 33 114 Gasoline tax—See also under that heading. Hospital—Property held for future use by 45 266 Hospital—Property must be used for hospital purposes 33 51 312 OPINIONS OF THE CITY SOLICITOR

Volume Page TAX EXEMPTIONS—Continued: Household furniture—Effective in 1944 41 99 41 100 Housing Authority—Special paving tax not included as 50 313 Insurance—Tangible personal property not exempt ... 32 268 Insurance—Tax paid to company not doing business in State 52 39 Machinery used in mixing syrups to make molasses ... 33 29 Manufacturers—Abatement of assessment not permitted 51 240 Manufacturers—Abattoirs not to receive 50 144 Manufacturers—Application as condition precedent . . 36 103 Manufacturers—City may repeal 51 36 Manufacturers—Entire inventory intended 54 77 Manufacturers—Exemption as long as machinery is used 32 261 Manufacturers—Failure to apply for 38 89 Manufacturers—$15,000 provision 51 65 Manufacturers—Laundry machinery not entitled to . . 51 153 Manufacturers—Mixing syrups to make molasses .... 33 29 Manufacturers —Not entitled to abatement or reduction after final decision of Appeal Tax Court 39 49 Manufacturers—Not entitled to exemption prior to ap- plication for 39 86 Manufacturers—Not entitled to exemption until appli- cation is made if located in old City limits 35 181 Manufacturers—Optician not included under 55 147 Manufacturers—Procedure to be followed where corpo- ration succeeds partnership or corporation in owner- ship of exempt property 35 185 Manufacturers—Time for filing application 32 69 Manufacturing operation—What constitutes 32 226 Merchant tailor—Not manufacturer entitled to exemp- tion 32 246 Motor vehicle of non-resident U. S. officer stationed in Maryland 44 62 Parsonage—Property acquired after Oct. 1st not exempt for next succeeding year 38 95 People's Unemployment League—Council resolution or special act cannot exempt 33 117 Property acquired and used for educational or religious purposes 33 306 Property of Good Will Industries acquired after October 1st not exempt for following year 43 105 43 106 Property held for future use by hospital, etc 45 266 OCTOBER 1, 1931—JUNE 30, 1963 313

Volume Page TAX EXEMPTIONS—Continued: Property of McDonogh Educational Fund and Institu- tion 34 123 Property of the Society for the Prevention of Cruelty to Animals 33 297 34 2 Religious institutions—See under that heading. Sewer service charge and tax—See Sewer Service Charge; Sewer Service Tax. State-owned property 50 331 Strictly construed . 54 77 Structural steel—When is manufacturing operation . . 32 226 Telephone tax—Marsh Market exempt 52 224 Tobacco products; non-profit organizations, "diplomatic customers" 51 206 W. B. and A. Electric Railroad—Act of 1931 32 20 Western High School Alumni Association—Mortgage certificates on real estate outside of Maryland not exempt 33 34 United States—Property leased by National Youth Ad- ministration not entitled to 40 152 When exemption act given retroactive effect 45 266 World War Veteran—Real property purchased with compensation paid him not exempt 32 81 Wydendown Farms Company—Certain property exempt from taxation 32 149 TAXICABS— Permits not assignable; a mere privilege—Discussion. . 52 200 Sewer service tax—Exemption for water discharged in ditch, denied 52 43 See also Smoking. TAX LIEN CERTIFICATES— Collectibility of taxes not shown on 54 161 TAX LIENS— City need not recognize lien of State as to income tax due by its employees 43 8 State lien for State income tax not applicable to City employees 43 8 TAX RATE— City Council may not reduce by increasing estimated revenue collections 44 30 See also under Taxes. 314 OPINIONS OF THE CITY SOLICITOR

Volume Page TAX REFUNDS— Bureau of Assessments has power to correct assessments 34 128 Taxpayer not entitled to interest on amount refunded 33 199

TAX SALES— Advertisement, description, etc 32 211 Advertisements for, on legal holidays are valid 34 1 Advertisements for 32 144 Attorney's fees payable after final expiration of proceed- ings 50 326 Bankruptcy—Taxes constitute prior claim 36 20 City exempt from paying taxes from time property pur- chased by it at tax sale 42 100 42 101 42 104 Deed eliminates restrictions as to use of property .... 54 246 Demolition costs—Collection procedures 54 189 Bankruptcy—Property cannot be sold for taxes under but taxes constitute prior claim 36 20 Ejectment proceedings would not prevent selling prop- erty for taxes 35 190 Foreclosure proceedings required in two years 54 31 Ground rent owner—Rights under new law 42 1 Lien for proceeds—Bankruptcy cases 54 145 Lien for proceeds—City's priority 54 136 54 250 Limitations on foreclosure proceedings 54 31 Local tax lien extinguished by Federal sale 55 14 Priority of City's claim 54 136 54 250 Proceeds—Disposition on investment of amount after paying taxes 39 99 Redemption of property 46 267 Right of City to purchase property 36 104 Rights acquired by purchaser 35 79 Rights of former owner; procedure for securing legally valid deed 46 194 Sale by City when rehabilitation is needed, held proper 52 128 Sales of property purchased by City 36 104 Surplus monies from—Disposition 49 5 Tax sale deed eliminates restrictions on use 54 246

TAX SAVINGS PLAN— Cited in opinion 54 231 OCTOBER 1, 1931—JUNE 30, 1963 315

Volume Page TEACHERS— Contribution to Teachers' Retirement System 51 143 County systems—Not included in prior service credit provision in Retirement System 49 226 Held to have no right to strike 53 216 Payroll included in Workmen's Compensation report 51 224 Retirement request may be cancelled 51 248 Supervising teachers—State should pay two-thirds of salaries 35 35,59 See also Retirement System; Schools. TEACHERS' RETIREMENT SYSTEM— Military leave given to former member of City system 52 26 See also Retirement System. TELEGRAMS— Park Board exempt from Federal tax on 41 71 TELEPHONE TAX— Marsh Market exempt from 52 224 See also Taxes. TELEVISION— Permits for antennae 46 13 TEMPORARY EMPLOYMENT— Discussed, as to Retirement System 50 45 TEMPORARY LOANS— Power of City to make 33 73 TENANTS— Friendship Airport—Taxes payable by 55 195 See also Landlord and Tenant. TENANTS BY THE ENTIRETIES— Blind—Refund of taxes paid by 53 231 53 235 TENURE— Term defined 47 12 TERM— Definition of word 47 12 THAMES STREET— Planking roadway at foot of 47 76 THROUGH HIGHWAY— Plans—Expenditure of loan funds for 46 49 316 OPINIONS OF THE CITY SOLICITOR

Volume Page TIME— See Contracts.

TIRES— Federal retreading tax held to apply 51 118 See also Contracts.

TITLES OF MUNICIPAL OFFICERS— Power to change 47 123

TITLES OF ORDINANCES— Subject to be described in 47 168 TITLING FEE— See Motor Vehicles.

TOBACCO PRODUCTS— Cigarette stamps—First dealer to affix 47 49 Cigarette stamps sold to sub-jobbers 51 15 Cigarette tax—Manner of affixing stamps 49 115 Tax; burden of proof as to sale 51 107 Tax on sale to ship docked in harbor 51 107 Tax to non-profit organizations and "diplomatic cus- tomers" not exempt 51 206 Tax—Regulations may be issued as to 50 182 Tax—Sales to jobbers; applicable 48 22 See also Taxes.

TOME INSTITUTE— Does not qualify for credit in Retirement System .... 50 123

TORTS— Liability for civil defense activities 49 268 Negligent performance of duty gratuitously assumed 47 216

TOURIST CAMPS— Commission on City Plan has no power as to location of 40 126 TRADE NAME— See Mercurochrome.

TRADER'S LICENSE— Tax limitations enforced with respect to 47 44 Taxes—Payment before issue of 50 49 Taxes—Stock and fixtures to be paid prior to issue of 50 5

TRADING WITH ENEMY ACT— See Aliens; Retirement System. OCTOBER 1, 1931—JUNE 30, 1963 317

Volume Page TRAFFIC— Blind—Ordinance to protect at crossings 36 130 Bus stops—Approval by Commission 48 78 Bus stops—Controlled by Department 50 291 Bus stops—Transit company not to maintain 52 289 Dead-end streets—Signs; parking 37 61 Dispossessed chattels placed on streets 49 292 Employees transferred to Commission—Status 48 83 Funeral cars—Applicability to 50 98 Impounded vehicles—Auxiliary lots 50 109 Jay-walking—Regulation held proper 50 336 51 164 Laws—Applicable only within City 50 337 Lease for radio system approved 50 75 Left-hand turns—Vehicles exempt 49 163 Lights—Liability of City to pay part of cost of, desired by Transit Company 43 21 L:ghts—Powers of Commission as to 48 195 Lights—Requirements for erection and control of .... 43 21 Loan fund for traffic signals—Use for truck 49 81 Mails not to be obstructed 48 110 Motor vehicles—Removal when obstructing street .... 50 166 Mufflers—Operate under State law 50 192 "No parking" signs—Authority as to 48 160 One-way streets—Emergency power to provide 51 20 Ordinance powers of City Council—Effect 48 195 Parking—Regulatory power as to 49 169 53 152 Parking—See also under that heading. Parking areas—No power to convert into street 50 243 Parking permits—Discretion of Police Commissioner. .32 223 Park Police—Power to enforce regulations 51 89 Park Police—Power to issue summons for 50 345 Park-O-Meters—Right of City to install 35 21 Pedestrians—City's powers to control 51 164 Pedestrians—No ordinance to regulate 44 46 Posting streets—When necessary 50 99 Private property—City ordinance required as to parking 51 195 Private property—Regulatory powers discussed 55 90 Private street—Regulation of traffic on 49 224 Radio service—Maintenance 50 54 Railroads—Use of streets; regulation 50 265 Regulations prohibiting parking of vehicles 49 245 Resolution for ordinance to establish Commission 47 144 Speed limits—Authorized to establish 50 187 318 OPINIONS OF THE CITY SOLICITOR

Volume Page TRAFFIC—Continued: Speed limits—No power to change 49 178 Street markings approved 50 332 Street signs received as gift 52 250 Traffic Director—Powers construed 51 78 Traffic lights—Powers as to 48 195 Traffic signals erected at private expense 49 192 Traffic signs—State manual and specifications to apply to 49 185 Truck routes—Power as to 49 145 Trucks—Authority to regulate on City streets 49 158 Trucks—Ordinance to prohibit heavy trucks on Alameda Boulevard discriminatory 40 9S Trucks—Restriction of use of certain streets by Long- haul trucks discriminatory 40 37,55 Wagons—Power to regulate use of streets by 49 165 "Walk signs" for pedestrians authorized 52 199 TRAFFIC VIOLATIONS— See Fines. TRAILER CAMPS— Commission on City Plan has no power as to location of 40 126 Power to impose restrictions 40 179 TRANSIT AND TRAFFIC— See Traffic. TRASH— Receptacles for 46 44 TREASURER— Banks—Agreement with for collection of taxes; Treas- urer to be substituted for City Collector 45 259 Part-time employees for 49 58 Succession in event of vacancy 53 140 Vacancy filled by City Council 54 224 TREES- NO fee for permit to plant, trim, etc 44 45 Obstructing sewers—Power to remove 42 125 Power of City to order removed when on private property 32 166 Power of City to order removal when on private property; jurisdiction of equity courts 33 209 Power to trim, remove, etc 36 41 Removal—When may be ordered 39 195 40 121 48 200 Sidewalk areas—Liability of City 52 167 OCTOBER 1, 1931—JUNE 30, 1963 319

Volume Page TRESPASSING— Friendship Airport premises 47 283 TRIAL MAGISTRATES— See Magistrates. TRUCKS— Noise—Law as to control of 49 145 Prohibiting on Alameda Boulevard; held discriminatory 40 98 Routes through City—Power as to 49 145 Traffic Director's power to regulate on City streets. ... 49 158 Walther Boulevard—Prohibition 49 57 Weights of, on certain streets 47 115 See also Motor Vehicles. TUITION— Children of non-resident parents 35 113 46 121 Junior colleges—May be charged 54 277 Non-resident students—Ordinance construed 32 135 54 286 Non-residents—Procedure for approval of credit for taxes 32 281 32 282 Non-residents—Students with resident guardian 35 77, 87 Nursery schools—May be charged 54 277 Schools—Summer courses 54 273 See also Schools. TUNNELS— See Franchises; Minor Privileges; Water Supply. TWENTY-NINTH STREET BRIDGE— Agreement as to division of cost 40 17 u UNCLAIMED PROPERTY— City Hospital patients—Disposition 50 77 UNDERTAKERS— Claim for wages of deceased employee 44 8 Establishments in residential zones 47 225 Health Department may register only persons licensed under State law 43 222 Retirement System—Refusal to answer question as to member 47 61 Zoning ordinance may not validate retroactively 47 218 See also Zoning. 320 OPINIONS OF THE CITY SOLICITOR

Volume Page UNIFORMS— Allowance for 51 73 UNIONS— City cannot make contract making membership in Union condition for entering or remaining in service 41 257 Contracts with, prohibited 54 182 Jail custodial officers may join 54 182 See also Employees. UNITED IRON AND METAL COMPANY— Fence erected by 47 67

UNITED RAILWAYS & ELECTRIC COMPANY— Relocating poles on Belair Road—Cost to be paid by Company 34 10 Relocation of tracks in Falls Road and Patapsco Ave., ordinance for 32 124 Resolution by City Council in re City bonds for pur- chase of 33 115 See also Park tax. UNITED STATES— Act relative to sales, income or use taxes 40 113 40 114 Agency may condemn City property 45 89 Baltimore National Cemetery—Storm water connections 37 15 Building permits—Exempt from paying 42 96 City cannot contract as to minimum wages, maximum hours 34 118 Civil Defense Act of 1950—Oaths required under 48 115 Excise tax—Municipal Museum exempt from 41 138 Federal credit union not exempt from utilities tax .... 52 280 Federal property—Civil and criminal jurisdiction over property of Federal Works Administrator 40 156 Federal Works Agency—Minor privilege permit for sewer 42 22 Harbor and pierhead lines—Authority as to 41 185 Harbor Field—Agreement as to moving Army boat at .. 47 231 Housing—See under that heading. Income tax—Living allowances paid to hospital em- ployees 47 241 Income tax—Living allowances paid to institutional employees 50 33 Industrial Recovery Act—Excise tax provision does not apply to City 33 148 Mails—Traffic regulations may not interfere with .... 48 110 Military service—Unpaid taxes of persons in; interest OCTOBER 1, 1931—JUNE 30, 1963 321

Volume Page UNITED STATES—Continued: but no penalty 42 85 Minor privilege application—Elimination of lien pro- vision 37 15 National Youth Administration—Property leased by not exempt from taxation , 40 132 Outfall sewer from war housing; conditions for permit for 43 94 Prisoners—Not compulsory to receive at City Jail 33 15 Property of War Assets Administration not taxable ... 46 198 Public street or alley—Power to condemn 40 72 Rats—Suggested contract for extermination of 42 254 Reservations—Property on not taxable; "use" or "Sales" tax 40 114 Schools—Advance acceptance of planning funds from . . 47 264 Tax—Football tickets 33 13 Tax lien—Priority under execution 55 191 Tax sales by—Liens for local taxes 55 14 Tax seizure not enforceable against market stall 49 108 Transportation tax—Not applicable for hired trucks .. 42 58 Works Progress Administration—Form PD-77 36 140 UNITED STATES CODE ANNOTATED— Title 8— Sec. 368 36 7 Title 11— Sec. 1 et seq 54 145 Sec. 104 36 22 Sec. 107(b) 54 136 Sec. 207 36 20 Title 18— Sees. 691, 692, 753B, 753C 33 16 Title 26— Sec. 6321, 6323 55 191 Sees. 6335, 6337, 6338, 6339 55 14 Title 31— Sec. 191 54 136 Title 39— Sees. 463, 469-469s 33 16 Title 47— Sec. 303(2) 50 54 Title 49— Sees. 17*231 36 36 UNITED STATES COAST GUARD— Employees—Provisions as to absence in 42 244 322 OPINIONS OF THE CITY SOLICITOR

Volume Page UNITED STATES CONSTITUTION— Article 14 referred to 32 21 UNITED STATES STATUTES— 1926 Revenue Act, Section 711, Sub-section A 33 14 UNITED STATES WRECKING COMPANY— Bid from, construed 48 161 UNIT PRICE— Irregularity in bid 47 1 UNIVERSITY OP MARYLAND— Franchise—Chargeable for fee 55 176 Open-air garage license not required by 52 181 URBAN RENEWAL— Agent for other departments 52 240 Building inspections may be assigned to 52 240 Condemnation powers only in designated areas 55 1 Deposit; return requested under agreement 51 184 Facilities—Cost of removing utilities on private property 55 76 Furniture and furnishings held to be personalty 55 94 Hotel—Furniture and furnishings held to be personalty 55 94 Interest rate, if low, increases property value 55 65 Moving costs, for moving to location in same area .... 53 181 Off-street parking—Taxes on land used for 54 80 Preliminary approval to plans 52 286 Property values increased by low interest rate, tax benefits 55 65 Rehabilitation and sale of properties not permitted ... 54 86 Retirement credits not transferable to City system .... 52 64 Tax benefit increases property value 55 65 Taxes on land used for off-street parking 54 80 Term distinguished from "redevelopment" 50 202 Utilities—Cost of relocating; problem discussed 54 53 Utilities—Formula for cost of removing facilities from private property 55 76 Utilities—To pay cost to, for relocating 54 235 See also Redevelopment Commission. UTILITIES— Relocating—Cost; problems discussed 54 53 Relocating—To pay cost to 54 235 54 251 Street paving—Contract terminated because of builder's delay 52 35 OCTOBER 1, 1931—JUNE 30, 1963 323

Volume Page UTILITIES—Continued: Urban renewal—Cost of removing facilities from private property 55 76 See also Public Utilities. UTILITY TAX— Federal Credit Union not exempt from 52 268 See also Taxes.

V VACANT PROPERTY— Acquisition held to be proper public use 52 128 VACATIONS— City Service Commission rules not applicable to Pratt Library, Court employees, etc 38 9 Employees of semi-public institutions not under City Service Commission and do not need approval of Board of Estimates for excess vacation 34 142 Overpayment of salary may not be deducted from pension 50 71 Rights of employees; responsibility of appointing officer 45 111 See also Civil Service. VALUATION— Income approach to, discussed 55 65 VEHICLES— Definition of 49 165 Establishment of Bureau 47 144 See also Motor Vehicles; Parking; Traffic. VENABLE PARK— Ordinance may direct Park Board to resume jurisdic- tion over area being supervised by School Board ... 39 26 Ordinance transferring part to School Board 39 168 Use of part west of Eastern High School; report of committee 40 42 See also Parks. VENDING MACHINES— See Licenses. VENDORS—STREET— Licenses 32 241 VENEREAL DISEASES— Employee—Dismissal when examination shows he is suf- fering from 40 203 324 OPINIONS OF THE CITY SOLICITOR

Volume Page VESSELS— Dockage and charges fOT railing; notice of tale, 4$ 270 Sale for dockage, etc, ...,,. 46 270 See also Harbor. VETERANS— Civil Service Commission—Preference credits 49 117 Court costs—Power to waive as to suit for taxes 45 124 Employee held not to have been member of Retire- ment System 49 275 Federal statute—Cannot prescribe conditions for promo- tion in Classified Civil Service 45 23 Housing program for 46 108 May be granted credits in civil service examinations. ... 44 104 Real property purchased with compensation paid, not exempt from taxation ,,....,., 32 81 Reinstatement; compensation ,,., ,,,.. 44 134 Retirement System—Held under facts that deceased was nQfc in service ,..,...., ,.,.,,. 50 257 Retirement S.ystem^J[ncluded jn prior jervice credit provision ...... ,.,,.,,.,,.,, 49 226 Retirement Systems^-Rigbts in, not retroactive , . 50 79 Retirement System—Rights preserved in 50 52 Special credits in Civil Service examinations 44 128 See also Civil Service Commission.

VETO— When to be acted upon 38 17

VIADUCT— See Bath Street.

VIBRATIONS— See Buildings.

VICE-PRESIDENT OF CITY COUNCIL— See City Council.

VITAL RECORDS— Held within Records Management program ,. . , 54 290 Retention schedule approved , . , 51 33

VOLUNTEER FIRE COMPANIES— Appropriations to, invalid 47 174

VOTERS— See Elections. OCTOBER 1, 1931—JUNE 30, 1963 325 Volume Page VOTING— Jail Board—Majority of quorum is sufficient 53 47 Planning Commission—Majority of quorum is sufficient 53 13 Retirement Board—Number necessary; Chairman to vote 53 91 See also Elections. VOTING MACHINES— Building for Storage—Power of Voting Machine Board as to purchase or renting of 37 1, 30 Number and use of, in elections 33 11 See also Elections.

W WAGES— Assignment—Not enforceable against City .. < 32 242 Attachment may not be levied against, while in hands of City 51 223 City cooperates to collect Federal income tax liens .... 51 220 City cannot make legal contract with U. S. as to mini- mum 54 118 City has no power to enforce observance of wage scales by contractors for city work 34 57 Claim of undertaker for wages of deceased employee 44 8 Contractors—Requirements to be enforced 50 12 Current—City cannot by ordinance determine what is current wage of laborers, etc 32 169, 171 Deceased employee—Payment to common law wife 47 119 Definition—Discussion 53 155 Ordinance prescribing minimum as to employees of con- tractors 45 6.8 Taxes not lien against 46 266 Workmen's compensation law — Method of computing average weekly wage 43 143 See also Attachments; Hours and Wages Law; Minimum Wages. WAGE AND HOUR ORLDINANCE— Valid under police powers 53 8 WAGONS— Regulation of use on streets 49 165 WAIVER— Employees may give; conditions 41 80 Generally necessary befor employment begins 44 44 See also Taxes; Workmen's Compensation. 326 OPINIONS OF THE CITY SOLICITOR

'•••••••: Volume Page WALDT, MEDIO— Planning Commission—Member of 47 10 WALKATHONS— See Licenses. "WALK SIGNS" Pedestrians—Authorized 52 199

WALLS— Party walls—Duty to maintain 52 138 See also Buildings.

WALTERS ART GALLERY— Board of Trustees—Member may not be on board of another Art Museum or school 37 17 Eligibility of employees in Retirement System 53 61 Employees subject to income tax 39 101 Loan of exhibits from 47 165 Sale of real property—Proceeds in Real Property Ac- count 54 9 See also Retirement System.

WAR— Trading With Enemy Act prohibits payments to mem- bers of Retirement System residing in Germany .... 43 27 See also Air Raid Shelter; Retirement System; Soldiers.

WAR ASSETS ADMINISTRATION— Property not taxable 46 198 WAR MANPOWER COMMISSION— Regulation No. 4 as to employment does not apply to employment of City personnel 42 116

WAR MEMORIAL— Employees of Commission; adjustment of salaries .... 35 46 Employees not in Classified Service 49 68 History of Commission 54 296 Liability of Commission for injuries 51 103 Operation held to be governmental function 51 103 Purchases by Commission—Procedure 54 296 Use of building by U. S. Veterans Association 33 17

WAR NURSERY SCHOOLS— Teachers not employees of City 43 227 OCTOBER 1, 1931—JUNE 30, 1963 327

Volume Page WAR PRODUCTION TRAINING PROGRAM— Employees are not City employees 43 162 50 22 50 118 51 42 WAR RISK INSURANCE— McComas Street Pier—Obligation of Western Maryland Railroad Company under its contract 41 227

WAR SERVICES— See United States.

WARDEN— See City Jail. WARRANTS— See Search Warrants.

WASHINGTON BOULEVARD— Railroad crossing at Putnam Street—Obligation of Company 36 113

W. B. & A. ELECTRIC RAILROAD COMPANY— Conduit rental—Obligation of receiver 35 42, 45 Tax Exemption Act of 1931 32 20

WATER— Baltimore County—Report of excess income over cost of service 44 109 Baltimore County—Unpaid bills in; collection 50 120 Bids for concrete vaults—Discount held applicable to 49 280 Broening Park Booster Pumping Station—Procedure for constructing 42 83 Charges—Against premises; abatement 41 183 Charges—Installing service from main to curb 39 6 Charges—Right to turn off water for non-payment of 40 200 Charges—Regulations as to rate where meter is installed 40 115 Charges—When delinquent 46 240 Dam—Power of City to construct on Gunpowder, Western Run and Patapsco 40 170 Duplicate payments—Refunds do not require approval of Board of Municipal and Zoning Appeals 51 182 Housing Authority—Meters for 38 64 Inheritance tax on water loan stock 51 266 Lake Roland—Boating and fishing concessions 45 134 Lexington Market Authority—Liability for cost 52 135 Liens—City does not have in Metropolitan District for use of water 35 122 328 OPINIONS OF THE CITY SOLICITOR

Volume WATER—Continued: Loch Raven Tunnel—Alternative bids not invited .... 36 12 Metered services—Cost to be paid by Oaklee Village .. 39 30 Meters—Board of Estimates may order installed 36 74 Meters—Regulation as to flat rate when installed .... 40 115 Metropolitan District—Deposits from users ...... 35 122 Montebello Filtration Plant—Rules for protection of .. 40 177 Prettyboy Dam—Certificate of completion 33 173 Property—Condemnation on purchase for dam 40 170 Rates—Who may change 36 74 Rates for Glenn L. Martin Co 38 109 Rates to "Towson Estates"; single meter no longer permissible 39 8 Receivership—Collection of bill from 52 79 Refunds for connections—Payable to original applicant or assignee 36 144 Service—Changing location of , 38 13 Service pipes—Contract for repairs 35 164 Sewerage tax measured by water meters 55 206 Susquehanna River—Agreement for use of water from 40 209 Susquehanna River—Right to go to for water 40 208 Unpaid bills—Rights as to, for collection 51 162 See also Sewer Service Tax; Sewer Service Charge. WATER BONDS— See Baltimore County Water and Electric Com- pany. WATER BUREAU— Pumping Stations—Employees not required to be li- censed engineers 38 122 WATER CHARGES— Non-payment—Right to turn off water for 40 200 WATER COURSES— Drainage damage by cloudburst—No liability in City 49 161 Erosion and flood control—Responsibility, general dis- cussion 55 43 WATER MAINS— Agreements for extension—Return of deposits governed by 34 147 Conditions for extension of 33 130 Extensions—Deposits; refunds 33 28 41 92,93 41 146 43 57 OCTOBER 1, 1931—JUNE 30, 1963 329

Volume Page WATER MAINS—Continued: Right to abandon old mains; obligation of property owner 40 158 Western Maryland Railway Co.—-City liable for dam- ages under agreement 33 89 See also Gas Mains.

WATER PIPE— Cost of relocating service at Reisterstown Road and Rose Avenue 42 262 42 263 Right to lay in country road 36 65 Sale of, when no longer needed 41 148

WATER RENT— Collection by Baltimore County Banks; ordinance nec- essary 34 77 Lien; Water Engineer has power to abate 39 61 Liens against property 33 50,57 33 109 Refunds when paid by purchaser, but omitted from lien certificate 33 233 Unpaid—Collection not barred by limitations 33 47, 57 33 109 WATER SUPPLY— Condemnation of property for 43 180 Tunnel—Bond of contractor protects City in case of damages 37 46 Tunnel—Sec. 8 of Ch. 214 of 1908 does not apply to construction of new Montebello Tunnel 35 192 Tunnel—Unexpended balances of certain water loans may be used for construction 34 49

WATER TOWER— Use by Fire Watchers; extent of liability of City 41 171

WATERSHED RESERVOIR— Cannot be leased for use as Airport so long as needed for water supply 46 150 WAVERLY REDEVELOPMENT AREA— Paving tax in—Ruling as to 50 65 Utilities—Cost of relocating 54 53

WEBSTER STREET— Public street 35 34 330 OPINIONS OF THE CITY SOLICITOR

Volume Page WEIGHTS AND MEASURES— Ice cream containers—Legal sizes of 35 127 35 128 One-pound package requirement construed 51 162 Nylons—When sale of misrepresented, etc., may be prosecuted 45 305 Sale by net weight and billing by gross weight not lawful 53 30 WELCOME ALLEY— Bridge over—Renewal of franchise 32 125 WELFARE— See Minors; Old Age Assistance; Public Welfare. WESTERN HIGH SCHOOL ASSOCIATION— Securities held by, not exempt from taxation 33 34 WESTERN MARYLAND RAILROAD COMPANY— Charge for water service not contrary to agreement in re McComas Street Terminal 34 110 Crossing on Lewin Avenue—To maintain safety gates 46 172 Insurance against War Risk—Obligation of Company under contract with City 41 227 McComas Street Terminal—Permit required for work at 46 40 Port Covington—Contract as to 49 208 49 236 Port Development—Agreement with 48 153 48 175 Water main under right-of-way—City liable for dam- ages under agreement 33 89 WHARFAGE- IS not maritime lien on vessel 32 148 WHARF PERMIT— Application for—Who to sign 40 194 WHARVES— See Harbors; Piers.

WHOLESALE PRODUCE MARKET— See Markets.

WHOLESALER— Term defined 49 103 WHOLESALE MEAT LICENSE— Fee; construed 49 103 49 255 OCTOBER 1, 1931—JUNE 30, 1963 331

Volume Page WICOMICO STREET— From Bush Street to Monroe Street is public street ... 34 21 WIDOWS— Fire Department—Accidental injury hospital costs.... 53 237 Fire Department—Pension rights, requirements 50 141 53 76 Firemen—Pension provisions operate prospectively .... 55 188 WIDTH— Homes—Zoning provisions discussed 55 172 WIFE— Divorced; no insurable interest in death benefit 51 101 No duty to support husband 49 102 WILLIAMS STREET— Riparian rights on, construed 48 76 WILLS— Designation of beneficiary with Retirement System pre- vails over will 51 218 WINDOWS— In property line wall—Waiver of Building Code not approved 50 249 Throwing articles from; ordinance not necessary 40 8 See also Buildings. WITHHOLDING TAX— See Income Tax. WITNESS— Discreditation of 49 50 WORK AND LABOR— See Equal Employment Opportunity; Minimum Wages; Workmen's Compensation.

WORKMEN'S COMPENSATION— Airport—Certain employees covered by 45 181 Airport—Employees for emergencies; covered 48 51 Average weekly earnings—How determined 33 97 Average weekly wage—Method of computing 43 143 Baltimore Museum of Art—City not liable for injuries to employees 35 36 City employees covered by 33 144 City Hospital—Student nurse not covered by 36 148 Civil defense volunteer workers not covered by 52 161 54 60 332 OPINIONS OF THE CITY SOLICITOR

Volume Page WORKMEN'S COMPENSATION—Continued: Civil defense workers not covered by 49 268 Disability Compensation Division—Employees 39 119 Disability payments for employees 48 1 Doctors—Fees for accident cases and testimony for Industrial Accident Commission 35 25 Does not apply to nurses 32 152 Does not cover injuries to certain employees 35 4,6 35 14 Does not cover clerical employees 38 74 Employee—Cannot waive rights under; liability of City 36 16, 46 Employees—Cannot waive rights under law 39 201 Employee injured while being transported from one place to another; City liable 41 45 Employee not covered by—Payments in case of acci- dental injuries 45 211 Employees of War Production Training Program not City employees and not covered by Compensation Law 43 161 Injured Employee—Procedure where he fails to return for medical treatment 40 187 Johns Hopkins Hospital—Not liable for injuries to workmen sent by Emergency Work Bureau 32 193 Law does not apply to employees of Harbor Bureau in- jured on vessel 32 99 Medical treatment—Employee may be required to visit medical staff 40 188 Municipal Museum—Employees under 32 127 Nurses—Not covered by law 35 214 43 2 Off-set against pension—Held to be moot question.... 49 68 50 148 Park employees not under 35 13 Park Police not covered by 50 131 Payments under, to be offset on account of benefit! Of Retirement Ordinance 38 111 49 66 Policemen not under 49 256 Public Health Nurse—Not covered by 37 128 Public welfare working recipients Under 52 292 School employee* covered by 50 131 School personnel held to be covered by 50 116 Special policemen—Not covered by 41 103 41 104 Teachers not covered by 43 230 Teachers' payroll included in report as to 51 224 OCTOBER 1, 1931—JUNE 30, 1963 333

Volume Page WORKMEN'S COMPENSATION—Continued: Venereal diseases—Compensation payable when injury aggravates 40 203 Waiver as to disabilities 49 194 Workmen covered by—Manual labor 52 196 Waiver by employee previously injured; form of .... 41 10 Waiver—When effective; previous injury, etc 40 201

WORK PERMITS— Library work for volunteers—Not necessary 52 31

WORKS PROGRESS ADMINISTRATION— Form PD-77—Does not contain essentials of valid con- tract 36 140

WYDENDOWN FARMS COMPANY— Certain property exempt from taxation 32 149

YACHT CLUB— See Parks.

YOUNG MEN'S CHRISTIAN ASSOCIATION— Dancing school license not required by 50 170

Z

ZONING— Access to street needed for lot, not frontage 53 144 Accessory Use—Permissible; night club, concert, dance hall, etc., in hotel in residential district 36 4 Accounting work not "professional" 52 25 Advertising—Number of name plates in Residential and Office District 52 66 Advertising—Sufficiency of 35 93 Advertising—When ordinance amended to extend area 45 64 Aesthetic considerations—Discussion 54 169 Aesthetic reasons for restrictions as to 47 30 Agreements as to use of property held invalid 52 243 Airport zoning—See under that heading. Amended ordinance requires re-advertising, etc 48 112 Anne Arundel County—Friendship Airport property 55 39 Appeals—Printed copies of ordinance need not be fur- nished by Board 47 186 Appeals—Should be taken before work is completed 35 90 Area requirements for families in "F" Area District .... 40 137 Arsan Avenue property should be rezoned 48 188 334 OPINIONS OF THE CITY SOLICITOR

Volume Page ZONING—Continued: Asphalt—Manufacture of, requires ordinance 52 21 Auto repair shop—Power of Zoning Board to permit as exception or variance from Zoning Ordinance .... 44 71 Baltimore Redevelopment Commission — Ordinance would not diminish City's powers as to 44 79 Beauty parlor—Ordinance cannot limit use of commer- cially zoned property to 35 104, 105 Beauty parlor—Proposed ordinance to regulate 37 4 Beauty parlor in apartment houses—Proposed ordinance valid 39 44 Beauty salon—Not accessory use in Greenway Apt. ... 35 60 Becker Pretzel Bakeries (2549 W. Baltimore St.)—Per- mit to continue non-conforming use 45 198 Billboards—Removal from residential zones 47 154 51 146 Billboards—Removal required—Not in conflict 47 85 Board—Duties as to revising ordinance 48 9 Board—Special exceptions; discussion 55 172 Building need not face street on which lot faces 53 144 Building Code and Zoning Ordinance cannot be con- solidated in proposed new Building Code 39 131 Building permit—Does not expire within year if work is actually done 36 78 Bureau of Building Inspection should initiate appeals 51 202 Cemetery—Addition to church cemetery prohibited in residential district 36 17 Cemetery—Held to be business 45 19 Cemetery—Property subject to taxation 51 51 Check cashing agencies—Residential and Office Use districts 52 187 52 265 Chiropodist—Office in house is accessory use 41 61 50 221 City is property owner and can protest zone change .. 50 322 Classification changed—Principles discussed 54 194 Covenant in proposed agreement not to use property for any commercial use other than as funeral home. . 44 89 Demolition of buildings with two or more dwelling units; ordinance invalid 48 182 Director's appointment on contractual basis approved .. 51 176 Dispensary—When prohibited in residential district 44 43 Druid Hill Park—Trackless train concession held valid 53 89 Electrologist—Not "professional" person 52 25 Entrance to building need not face street 53 144 OCTOBER 1, 1931—JUNE 30, 1963 335

Volume Page ZONING—Continued:

Fences—3/2 feet maximum height 53 34 Fence authorized by Board of Municipal and Zoning Appeals 50 28 Fertilizer—Mixing and bagging not "manufacturing".. 37 117 37 122 Filling Station—Application approved by Board of Zon- ing Appeals after rejection by Commission on City Plan; permit valid 45 297 Filling Station—No jurisdiction for use in residential district 32 5 First Commercial area—Planting strip along 52 38 Frederick Avenue shopping center 48 141 Friendship Airport—Control over 55 195 Friendship Airport—Motel not permitted on property 55 39 Funeral Home—One property cannot be zoned for, ex- cept for public need 46 244 Funeral Home—Ordinance for in each case in resi- dential district held to be illegal 45 112 Funeral Home—Restrictive provisions do not affect validity of Ordinances (1109 & 1194) 46 309 Garage—Higher classification than slaughter house or ice house 35 90 35 106 Garage—Residential District 51 183 Garden type apartments—Land area; how computed. .52 5 Gasoline station—Sale near church 46 10 Gasoline station—Sale near school 52 150 Gasoline station—Sale near theatre 46 95 Gasoline station—Waiver ordinance invalid 39 148 Gasoline tanks and pumps—Relocation within 300 ft. of church 35 124 35 147 Heliport not proper in residential zone 52 155 Hospital—Authorization to establish also covers use dis- trict provisions 53 209 Hospitals in residential zones 54 101 Hotel—Night club permissible in residential district. 36 4 Housing maximum number of families—Permit for. ... 48 38 Housing violation not negated by action under eviction ordinance 50 158 Laundry—Prohibited in First Commercial Use District "C" Area unless operated by one man; 402 Benning- haus Road 35 170 Loch Raven Road—Plans for stores 39 11 3.36, OPINIONS OF, T$IE CITY SOLICITOR

Volume Page ZONING—Continued: Lot requires access to street, not frontage 53 144 Maps—Substitution of, for, original 47 167 Menhaden fish—Ordinance for processing 33 280 Motel on Friendship Airport, property • • • • 55 39 Motion pictures—Ordinance for in "C" area 39 170 Motor vehicle parking, in. residential zpne; tirae re- striction on passage .. • • • • • 52 49 New maps—Effect as to old maps 47 208 Non-conforming use—Abandoned; may not be reinstated 45, 198 52 150 Non-conforming use—Garage 51 183 Non-conforming use—Permit 35 90 35, 106 45 198 50. 321 Non-conforming use—Order of Court effective; 44 114 Non-conforming use—Width; 16 feet 55 172 Non-resident professional office permitted. 51 11 Nursing home—Authorization to establish also covers Use District provisions 53 209 Nursing home—Certificate of occupancy necessary.... 40. 100 40 101 Off-street parking facilities not in conflict with 47 84 Ordinance a valid exercise of police power. 50 161 Ordinance changing area districts; requirements as to 33 128 Ordinance) failing to pass with three-fourths vote, as re- quired, sent to Mayor; procedure, when, returned to Council with veto 46 189 Ordinance—May charge fee to cover expenses prior to introduction 40 78 Ordinance-^Publication required 54 12 Ordinance—Three-fourths vote required when protest signed by property owner or owners of sufficient area. 45. 238 Ordinance—When ^mended by extending area tp-.be re- advertised and posted 45. 64 Ordinances—When amended to be again referred to Commissipn on Qity. Plan 40; 109 Parking ktfs in residential, distrjptft—City, Council has jurisdiction 51 150 Parking tr^fiks on street—Board has no authority as to 35 193 Paving mix—Manufacture of, does not require ordi- nance ...... 52. 21 Pennsylvania Railroad — Cannot use 2108-2112 Mt. Royal Aye. as field offices ... 34 63 OCTOBER 1, 1931—JI)NE 30, 1963 357

Volume Page ZONING—Continued: Permits—Limitation on those granted prior to passage of Zoning Ordinance 35 133 Permits—Time limit 41 261 Physicians' offices—General discussion 54 105 Planning Commission approves ordinance with majority of quorum 53 13 PostofEce Building—1May be classed as public utility building or as business 33 107 Poultry killing—Hanover Street Market 46 170 Power of Council to change areas 33 119 Principles of—Rezoning; general discussion 54 105 Proposed amendment for one special property invalid. . 33 159 Proposed amendments to Ordinance No. 651, April 13, 1949, would render ordinance invalid 46 312 Protest against change can be filed by City 50 322 Protests—-Must be in writing 45 200 Protests—When three-fourths vote necessary 45 238 Publication required for ordinances 54 12 Reclassification—Agreements as to use of" property held invalid 52 243 Requirement for changing use district of particular area 32 113 Residential and Office Use—Check cashing agencies. 52 187 52 265 Residential and Office Use—General discussion 54 105 Residential and Office Use—Number of exterior name plates 52 66 Residential districts—Garages 51 183 Residential districts—Heliport not proper in 52 155 Residential districts—Motor vehicle parking; time re- striction on passing 52 40 Restrictions in ordinance as to future use 50 251 Restrictive provisions held not to render ordinance invalid 46 312 Reverter Provision—When may be provided 46 244 Revising ordinance—Responsibility for 48 9 Rezoning—General restrictions as to 47 47 Rezoning—Principles of, discussed 54 194 School built within 300 feet of gas station 49 225 Side yards—Requirement does not apply where permit issued before Zoning Ordinance was passed 36 78 Special area exceptions—Provision to be applied 48 38 Special exceptions by Board—Discussed 55 172 Spot zoning—General discussion 54 105 "Spot zoning"—Disapproved 35 104 338 OPINIONS OF THE CITY SOLICITOR

Volume Page ZONING—Continued: 35 105 "Spot zoning"—Powers of Planning Commission as to. . 47 23 State and its agencies must comply with ordinance. ... 39 103 Streets—Land dedicated for, not included in area of lot 52 5 Streets—Power of Board to approve or disapprove use of minor privileges 35 193 Tolerance periods upheld—Time 52 187 52 265 Undertaking establishments not to be validated retro- actively 47 218 Undertaking establishments permitted in residential zones 47 225 Uniformity provision 35 104 35 105 Unsafe buildings—Repairs may be made though in vio- lation of ordinance 46 2 Use permit must be considered by Board 50 321 Use that is noxious by reason of noise, odor, etc., pro- hibited in residence district 44 43 Variances—Power of Zoning Board to grant 44 71 Width of dwellings—Regulation of, held valid 48 214 Width of dwellings—Sixteen feet minimum; discussed. .55 172 Zoning Ordinance does not supersede restriction in deed 46 193 See also Airport Board of Zoning Appeals; Airport Zoning; Gasoline Stations; Municipal and Zon- ing Appeals. ZOO- Director—Full-time employment required 52 41 Loan funds not to be used to acquire animals 51 264 Train concession in, held valid under Zoning Ordinance 53 89