| Hyman A. Pressman et al. v. Henry A. Barnes, Director of Traffic, Mayor and City Council of Baltimore City, et al., 209 Md. 544
OVERVIEW: The taxpayer filed a lawsuit against defendants, the director, mayor, and city council,
to invalidate portions of Baltimore, Md., Ordinance 786 that created the office of Director of Traffic and an administrative regulation promulgated by the director
prescribing speed limits. The trial court entered a decree declaring that the ordinance and the director's regulation were valid, with the exception of the provisions in the
regulation as to minimum fines and presumptions as to guilt, which were invalid. On appeal, the taxpayers contended that the power to set speed limits was a legislative power, and the mayor and city council could not lawfully delegate it to an administrative official. The court affirmed in part and reversed in part. The court held
that the city had no power to regulate the speed of vehicles on any street that was a part of the state or federal highway system or an extension thereof. Therefore, the trial court was to issue an injunction to restrain the director from setting the speed limits on such highways.
See MSA SC 5339-209-15 |
