Ness v. Supervisors of Elections of Baltimore City, 162
Md 529
Charles M. Ness, Joshua Levering, Reverend Leonard B. Smith, Charles H. Gundersdorff, Reverend DeWitt M. Benham, Milton W. Gatch, and Reverend William W. Davis, constituting a Committee of
the Lord’s Day Alliance, a body corporate, and as individuals and taxpayers of the City of Baltimore and State of Maryland
v.
Robert B. Ennis, Bernard J. Flynn, and Alexander McK. Montell, constituting the Board of Supervisors of Election of Baltimore City
Petition for mandamus filed 29 February 1932 in Baltimore City Superior Court. Answer to mandamus filed 4 March 1932. Replication, exhibits, and demurrer filed 8 March 1932. Non-jury trial held
10-12 March 1932, Judge Eugene O’Dunne presiding. Order of the court dismissing petition for mandamus issued 12 March 1932. Appeal to the Court of Appeals of Maryland filed 14 March 1932.
Decision affirming the order of the trial court handed down 12 April 1932, with cost to the appellees; Per Curiam filed 12 April 1932 Opinion of the court issued by Chief Justice Carroll T. Bond on 27 April
1932.
Trial Court Records:
BALTIMORE CITY SUPERIOR
COURT (Cases Instituted) Ness, et al., etc. v. Ennis, et al., etc., 1932, No. 1-500, pp. 318, “2875,” MdHR 50,336-129 [MSA C1497-130, 2/16/13/19]
BALTIMORE CITY SUPERIOR
COURT (Court Papers) Ness, et al., etc. v. Ennis, et al., etc., 1932, “2875,” box no. 256 [MSA T51-316, 2/21/9/16]
Appellate Court Records:
COURT OF APPEALS (Docket), Ness,
et al., etc. v. Ennis, et al., etc., 1928-1932, J.A.Y., i, April Term 1932, no. 35, MdHR 19,494 [MSA S412-19, 1/67/6/5]
COURT OF APPEALS (Opinions),
Ness, et al., etc. v. Ennis, et al., etc., 1932, April Term no. 35, MdHR 707-236 [MSA S393-222, 1/65/14/72]
COURT OF APPEALS (Records and
Briefs), Ness, et al., etc. v. Ennis, et al., etc., 1932, April Term no. 35 [MSA S1733-878, 1/66/2/58]
Other Records:
Baltimore City Law Department case file no. 58,886
Scanned as msaref 5458-51-3505
PROCEDURAL
POSTURE:
Appellant citizens challenged an order of the Superior Court of
Baltimore City (Maryland), which dismissed their petition for
mandamus against appellees, members of the Board of Supervisors of
Elections of Baltimore City, to prevent the supervisors from
proceeding with the preparation of ballots for the vote on an
ordinance enacted under the authority of 1931 Md. Laws ch. 287, Md.
Ann. Code art. 27, §§ 483, 484, 485.
OVERVIEW:
The Maryland General Assembly enacted 1931 Md. Laws ch. 287, Md. Ann.
Code art. 27, §§ 483, 484, 485,
which permitted the city to enact its own ordinance governing Sunday
observance, subject to a local vote at a general or special election.
The city enacted such an ordinance and directed a special election to
be held on the same day as the primary elections in the state. The
citizens sought to prevent the preparation of ballots and the conduct
of this election. The court affirmed the order dismissing their
petition for mandamus. The court found that nothing in the law
restricted the city from holding this election at the same time as a
primary election. The court determined that the law and the ordinance
did not violate the city's charter under the Home Rule Amendment to
the Maryland Constitution because the city already had the power to
regulate Sunday observances. The law only withdrew any conflict
between city ordinance and state law. The court held that this was a
proper local referendum on a local law, as opposed to a general law.
Finally, the court concluded that the ordinance was not
unconstitutionally arbitrary or discriminatory.
OUTCOME:
The court affirmed the order dismissing the petition
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