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Maryland Historical Magazine, 1987, Volume 82, Issue No. 4

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Maryland g p p p Historical Magazine 00 o oc Published Quarterly by the Museum and Library of Maryland History The Maryland Historical Society Winter 1987 THE MARYLAND HISTORICAL SOCIETY OFFICERS, 1986-1987 William C. Whitridge, Chairman Brian B. Topping, President Mrs. Charles W. Cole, Jr., Vice President E. Phillips Hathaway, Treasurer Mrs. Frederick W. LafFerty, Vice President Samuel Hopkins, Asst. Secretary/Treasurer Walter D. Pinkard, Sr., Vice President Bryson L. Cook, Counsel Truman T. Semans, Vice President Leonard C. Crewe, Jr., Past President Frank H. Weller, Jr., Vice President ]. Fife Symington, Jr., Richard P. Moran, Secretary Past Chairman of the Board The officers listed above constitute the Society's Executive Committee. BOARD OF TRUSTEES, 1986-1987 H. Furlong Baldwin Richard R. Kline, Frederick Co. Mrs. Emory J. Barber, St. Mary's Co. Hon. Charles McC. Mathias, Jr. Gary Black Robert G. Merrick, Jr. John E. Boulais, Caroline Co. Michael Middleton, Charles Co. Hon. Walter E. Buck, Jr. Jack Moseley Mrs. James Frederick Colwill (Honorary) Thomas S. Nichols {Honorary) Donald L. DeVries James O. Olfson, Anne Arundel Co. Leslie B. Disharoon Mrs. David R. Owen Jerome Geckle Mrs. Brice Phillips, Worcester Co. William G. Gilchrist, Allegany Co. J. Hurst Purnell, Jr., Kent Co. Hon. Louis L, Goldstein, Calvert Co. George M. Radcliffe Kingdon Gould, Jr., Howard Co. Adrian P. Reed, Queen Anne's Co. Benjamin H. Griswold III G. Donald Riley, Carroll Co. Willard Hackerman John D. Schapiro R. Patrick Hayman, Somerset Co. Jacques T. Schlenger Louis G. Hecht Jess Joseph Smith, Jr., Pnnce George's Co. Edwin Mason Hendrickson, Washington Co. John T. Stinson T. Hughlett Henry, Jr., Talbot Co. Bernard C. Trueschler Michael Hoffberger Thomas D. Washbume Hon. William S. James, Harford Co. Jeffrey P. Williamson, Dorchester Co. H. Irvine Keyser II {Honorary) COUNCIL, 1986-1987 Mrs. Howard Baetjer II J. Sidney King Dr. D. Randall Beirne Dr. Bayly Ellen Marks Dr. George H. Callcott Charles E. McCarthy III Mrs. Charles W. Cole, Jr. James L. Nace P. McEvoy Cromwell Walter D. Pinkard, Sr. Mrs. Charles S. Garland, Jr. George M. Radcliffe Louis G. Hecht Mary Virginia Slaughter Mrs. Jay Katz J. Jefferson Miller II, Director Barbara Wells Sarudy, Karen A. Stuart, Administrative Director Library Director Stiles Tuttle Colwill, Judith Van Dyke, Museum Director Education Director LAND HIST 1^ VOLUME 82 CONTENTS Pyrrhic Victory: Daniel Goldman's Defeat of Zoning in the Maryland Court of Appeals 275 by Garrett Power Toward a Roosevelt Coalition: The Democratic Party and the New Deal in Baltimore 288 hy Jo Ann E. Argminger Research Notes & Maryland Miscellany 306 Early-Twentieth-Century Baltimore: The Art of James Doyle, Jr. (1880-1952) by Sister Mackleine Doyle, S.S.N.D. Book Reviews 313 Callcott, Maryland Political Behavior, by James B. Crooks Meinig, The Shaping of America: A Geographical Perspective on 500 Years of History, Volume 1, by Carville Earle Bonomi, Under the Cope of Heaven: Religion. Society, and Politics in Colonial America, by Stephen Innes Shore, Southern Capitalists: The Ideological Leadership of an Elite, 1832-1885, by James C. Mohr Toomey, Index to the Roster of the Maryland Volunteers 1861-1865, by Brice M. Clagett Southern, Gunner Myrdal and Black-White Relations, by Hugh Davis Graham Dierenfield, Keeper of the Rules: Congressman Howard W. Smith of Virginia, by James Larimer Wilson, Queen Dolley: The Life and Times of Dolley Madison, by Linda Rodgers Books Received 326 News and Notices 328 Maryland Picture Puzzle 330 Annual Report of the Maryland Historical Society, 1986-1987 331 Index to Volume 82 363 ISSN-0025-4258 Copyright 1987 by the Maryland Historical Society. Published in March, June, September, and December. Second Class postage paid at Baltimore, Maryland and at additional mailing offices: POSTMASTER please send address changes to the Maryland Historical Society, 201 West Monument Street, Baltimore, Maryland 21201, which disclaims responsibility for statements, whether of feet or opinion, made by contributors. Composed and printed by The Sheridan Press, Hanover, Pennsylvania 17331. Edirorial Board JOSEPH L. ARNOLD, University of Maryland, Baltimore County JEAN H. BAKER, Goucher College JOHN B. BOLES, Rice Univetsiry GEORGE H. CALLOOTT, University of Maryland, College Park JOSEPH W. COX, Northern Arizona University CURTIS CARROLL DAVIS, Baltimore, Matyland RICHARD R. DUNCAN, Georgetown University BARBARA JEANNE FIELDS, Columbia Univetsity JOHN HIGHAM, Johns Hopkins University RONALD HOFFMAN, University of Maryland, College Park EDWARD C. PAPENFUSE, Maryland State Archives BENJAMIN QUARLES, Emeritus, Morgan State University ROBERT J. BRUGGER, Editor SUSAN D. WEINANDY, Associate Editor Jo ANN E. ARGER5INGER, Book Review Editor VIRGINIA DUVALL, Business Secretary Assisrant Editors JOHN B. WISEMAN JANE C. SWEEN Lou ROSE JOHN R. WENNERSTEN Frostburg Montgomery County Calvert County University of Maryland, State College Historical Society Historical Sociery Easrern Shore Editor's Comer The magazine this year has tried to cover topics in each of the four centuries that frame the Maryland record. Though future volumes may not consist so neatly of century-theme issues, we do again solicit essays exploring the "recent past"—the years that mature persons may recall but wish to reflect upon and that younger ones seem all too often to miss in school because the semester ended too quickly. In this issue Garrett Power discusses an interesting and instructive zoning case from the early twentieth century—wherein, as many of us know, struggles over zoning and devel- opment have been at the heart of local experience. Drawing from a paper she gave at the "Torchlights to Television" conference at the MHS last fall, Jo Ann E. Argersinger next explores the extent to which the New Deal made Baltimore politics new—the tenacity of traditional politicians as against the power of newly active constituencies. The "Research Notes" section contains a picture album returning attention to a long-forgotten Maryland artist. Though on the cover we take liberties with one of his etchings, adding color for the sake of the season, Mr. Doyle's daughter, author of the piece, cheerfully grants her per- mission. In the same spirit, the editors wish all readers a joyful holiday. Cover design: "Cathedral {now Basilica) of the Assumption from a New Angle." Etching by James Doyle (Baltimore News, 1913)- Pyrrhic Victory: Daniel Goldman's Defeat of Zoning in the Maryland Court of Appeals GARRETT POWER 1\| owadays government regulation of the use of urban land is taken for granted. Such was not always the case. Some sixty years ago, the Maryland Court of Appeals held it unconstitutional for Zoning Commissioner J. Frank Crowther to deny Daniel Goldman's request for a permit to operate a tailor shop in the basement of his house in the Eutaw Place neighborhood of Baltimore, Maryland. This paper examines the case of Goldman v. Crowther.1 Daniel Goldman's story reads like a comic melodrama with a tragic ending. But the saga also illuminates the social condition—it sheds light and casts shadows on the practice of xeno- phobia, the nature of law, and the excesses of regulation. Daniel Goldman arrived in Baltimore in 1913, a twenty-three year old immi- grant from Russia. Ten years later he was operating a tailor shop at 410 Park Avenue, in a bustling commercial section of downtown Baltimore, and living with his wife, Annie, over the shop.2 But not for long. Goldman had plans to move uptown. On 9 April 1923, he purchased a house at 1513 Park Avenue near Eutaw Place, one of Baltimore's grandest residential neighborhoods. The building, a four-story row house, already had a basement entrance. The Goldmans would live upstairs and operate a shop in the basement.3 On 19 May 1923, the city council passed a zoning law which divided Baltimore into districts. The Goldman property was located in a residential district, and under the terms of the ordinance it could only be used for residential purposes. Zoning Commissioner J. Frank Crowther denied Goldman's request for a permit to operate a shop in the basement.4 Daniel Goldman hired general practitioner James E. Tippett as his attorney. Lawyer Tippett disdained an administrative appeal to the Board of Zoning Appeals. Instead he had Goldman open his shop without a permit and suffer conviction of a misdemeanor. The cause having been ripened, Goldman then sought a writ of mandamus ordering issuance of a permit on the grounds that the ordinance was unconstitutional.5 Daniel Goldman was a perfect plaintiff for a constitutional challenge. He had bought 1513 Park Avenue shortly before enactment of the zoning ordinance and Mr. Garrett Power, professor of law at the University of Maryland School of Law, has prepared this article as a chapter from a book in progress on the development of twentieth<entury Baltimore. 275 MARYLAND HISTORKAI. MAGAZINE VOL. 82, No. 4, WINTER 1987 276 MARYLAND HISTORKAL MAGAZINE FIGURE 1: A portion of the Use District Map which was part of the zoning ordinance of 1923. Clear areas are residential districts, shaded areas are commercial districts. Arrows indicate the location of Daniel Goldman's two houses. (Source: Maryland Historical Society.) Pyrrhic Victory 277 therefore had legitimate expectation of commercial use. Tailoring was clean and quiet. Denial of a permit could not be justified as the abatement of a nuisance. The mandamus suit was heard in December of 1923 by Judge Charles Heuisler of the Baltimore Supreme Bench. He denied the writ and upheld the constitution- ality of the ordinance. In his oral opinion Heuisler said: The growth of Baltimore has been restricted too much by indiscriminate building. Many of our most beautiful residential sections have been encroached upon by com- mercial houses, and as a result the city has been handicapped by this manner of growth.6 After making his ruling Judge Heuisler gratuitously suggested another use for zoning.
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